(Dec 2008, 4 marks) 1-12-1987). There are conceivable cases in which where no such relationship exists and yet such persons would be workers. 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Attempt the following stating the relevant legal provisions and case law, if any: Required fields are marked *. are duly complied with. (ii) Navaratna Public Sector Undertakings have to appoint welfare officers in their factories if the number of workers in the undertaking exceeds the prescribed workers. Appointment Of Independent Director As An Occupier Of Factory - Mondaq Section 11 of the Act makes provisions for ensuring cleanliness in the factory. (2) Without prejudice to the generality of the provisions of sub-section (1), the matters to which such duty extends, shall include-(a) the provision and maintenance of plant and systems of work in the factory that are safe and without risks to health;(b) the arrangements in the factory for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;(c) the provision of such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work;(d) the maintenance of all places of work in the factory in a condition that is safe and without risks to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risks;(e) the provision, maintenance or monitoring of such working environment in the factory for the workers that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work. But before enforcing these changes, the Dare Davil Ltd. has to give notice to the workmen likely to be affected by such change according to section 9 -A of the Industrial disputes Act, 1947 Thus, they are advised to give notice to the workers affected by such changes on a proper time period. 63. 26-10-1976). Question 17. What are the records required to be maintained by factories? Some workers were engaged in the processes of moistening, stripping, breaking- up and packing of sun-cured tobacco leaves with a view to transporting these to companys main factory for their use in manufacturing cigarettes. The plant, which is a factory, should be maintained from time to time, otherwise there will be issues related to health inside the company and the level of risk will increase. (Dec 2009, 5 marks) Answer: It is the responsibility of the manufacturer. (3) Nothing contained in sub-sections (1) and (2) shall be construed to require a person to repeat the testing, examination or research which has been carried out otherwise than by him or at his instance in so far as it is reasonable for him to rely on the results thereof for the purposes of the said sub-sections. Premises and precincts under the Factories Act, 1948. Anyone who is less than 15 years in the category of Child will come under its categories. Women workers shall be employed between 6 AM to 7 PM (State Govt, may alter the same by notification in Official Gazette but no woman be employed between 10 PM to 5 AM). State whether weavers are the workers of the government enterprise under the provisions of the Factories Act, 1948. Attempt the following stating the relevant legal provisions and case law, if any: (Dec 2007) (2) Without prejudice to the generality of the provisions of sub-section (1), the matters to which such duty extends, shall include. Concept of Penalties in Factories Act 1948: Worker's Offenses - Toppr Apart from this, they did not get any holiday on any festival. The Supreme Court in Ardeshir H. Bhiwandiwala v. State of Bombay, observed that the legislature had no intention to discriminate between workers engaged in a manufacturing process in a building and those engaged in such a process on an open land and held that the salt works, in which the work done is of conversion of sea water into crystals of salt, come within the meaning of the word premises. FO. No, the workmen will not succeed since the process of transforming and transmission of electricity generated at power station does not fall within the purview of manufacturing process and hence is not a factory. 26-10-1976). Occupier as per Section 2(n) means a person who has the ultimate control over the affairs of the factory. .(1) This Act may be called the Factories Act, 1948. . According to Section 40-B of the Act, the safety officer must be appointed by the Occupier in case there are 1000 or more workers in the factory.Disclose Compulsory Information As per Section 41- B, it is the duty of the Occupier to disclose the compulsory information and obtain approval of the Chief Inspector regarding the following. The hazardous process is carried on in the factory. The policy formulated by the Occupier about the health and safety measures untaken for the workers involved in the hazardous processSet up a Safety CommitteeAnother duty as per the Duties of Occupier under Factories Act 1948 is to set up a Safety Committee in the factory involving the hazardous process. 1.Working Hours: [xi] Inserted by Act 94 of 1976 (w.e.f. THE FACTORIES ACT, 1948 Sections - hsedot.com Premises and precincts. Is a person who purchases commercial property and is gainfully employed a Consumer? Is he justified? Let us know the above points separately and in detail-. This Section deals with the provisions relating to arrangements for drinking water in factories. The word including is not a term restricting the meaning of the word premises, but is a term which enlarges its scope. .In any case of public emergency the State Government may, by notification in the Official Gazette, exempt any factory or class or description of factories from all or any of the provisions of this Act except Section 67 for such period and subject to such conditions as it may think fit: 6. Extended to Sikkim under Art. Question 27. They might cover a particular hazard the group faces and the required control measures, learning from recent incidents etc. What penal What are the working hours of an adult worker? Section 41 A empowers state government to appoint site appraisal committee whose function will be to advise government and examine application for establishment on expansion of factory involving hazardous processes. Is complaint under S. 138 NI Act filed without signature of complainant maintainable? Opinions expressed in any article are those of the author himself only. Whether Chapter IV on Safety has been complied with or not. To prevent excessive heating of any workroom following measures shall be adopted: The Chief Inspector is empowered to direct any factory to adopt such methods which will reduce the excessively high temperature. The Factories Act stipulates that every factory must have an "Occupier" - defined under its Section 2 (n) as the person who has ultimate control over the affairs of the factory. 26-10-1976). General Duties of the Occupier(Section7A) # To ensure the health, safety and welfare of all workers while they are at work in the factory. In case the work performed by the workers are incidental to or connected with, The facts of the case are similar to Local Government V/s Nauserwanji AIR the manufacturing process then those workman will be covered under the. [xxviii] Inserted by Act 20 of 1987, S. 3 (w.e.f. General Duties of an occupier are mentioned in the chapter II section 7A of factories act. General duties of the occupier. Save my name, email, and website in this browser for the next time I comment. The word premises is a generic term meaning open land or land with building or building alone. They could come and go away at any time they liked. Income Tax eFiling Types, Documents, Due Dates, Tax Slab Rates | How to file Income Tax Returns Online? The day of implementation was 1st April 1949 i.e. In this case, the hospital has a laundry in its premises and the inspector of factories issued a notice to hospital to register it as a factory. What are the duties of occupier under the Factories Act 1948? Effective measures should be taken to prevent the inhalation and accumulation of dust, fumes etc. Trademark Registration Online Types, Documents, Benefits, Status | How to Register a Trademark? Question 14. 26-10-1976.). The provisions relating to working hours of adult workers, both male and female are provided under Section 51 to 66. result in the pollution of the general environment. [xxxi][(a) requiring, for the purposes of this Act, the submission of plans of any class or description of factories to the Chief Inspector or the State Government]; (aa) requiring the previous permission in writing of the State Government or the Chief Inspector to be obtained for the site on which the factory is to be situated and for the construction or extension of any factory or class or description of factories; (b) requiring for the purpose of considering applications for such permission the submission of plans and specifications; (c) prescribing the nature of such plans and specifications and by whom they shall be certified; (d) requiring the registration and licensing of factories or any class or description of factories, and prescribing the fees payable for such registration and licensing and for the renewal of licences; (e) requiring that no licence shall be granted or renewed unless the notice specified in Section 7 has been given. When it comes to occupier and manager responsibilities under the Factories Act of 1948, the government is actively working to update the Act and provide effective measures. (Dec 2013, 5 marks). General duties of the occupier. (1) Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory. There shall be no change of shifts except after a weekly holiday or any other holiday. Detailed policy with regards to health, welfare and safety of workers of factory involved in hazardous process to the chief Inspector and local authority needs to be given. o This should be relevant for the audience o It should cover relevant hazards and their control measures o Try to include learning from incidents where possible to show the possible consequences o Toolbox talk should also include an update on any. There are 7 duties mentioned in there. (Dec 2011) General duties of the occupier. What are the Duties of Occupier under Factories Act 1948? General duties of the occupier(1) Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory. Section 41C cast specific responsibly on occupier to maintain health record and provide for medical examination of workers. Specific responsibility as prescribed under section 41C in relation to hazardous processes are: Accurate and up to date health records of workers exposed to harmful substances and ensure accessibility of such records to workers. were also obliged to do so. 1948 worker means a person employed, directly or by or through any agency (including a contractor). They were, however, not bound to work for the entire period and they could go whenever they like. 1. [xx] Inserted by Act 94 of 1976 (w.e.f. There is no existence of right of the employer to supervise & control the work done by the employee. The term precincts is usually understood as a space enclosed by walls. Can the electrician be called an employee of the hotel under the provisions of the Factories Act, 1948 ? Distinguish between the following: 1-12-1987). Women worker shall not be employed between the hours of 6 a.m and 7 p.m. Employment should be directly by the management or through employment agency. 6. [Amended by SRO 19 of 1967, Act No. as regards articles and substances for use in factories. (June 2005, 5 marks) 2(1) of Factories Act, 1948, the definition of worker has following ingredients: Employment should be in some manufacturing process: In deciding the concept of worker in Factories Act, 1948, whether relationship of master and servant is necessary ? General. (aa) and a new cl. [x] Substituted by Act 94 of 1976 (w.e.f. One of the important measures to be taken by Factories for Health, Safety and Welfare of the workers is Ventilation and Temperature in the work environment. The Factories Act, 1948 ( Factories Act ) consolidates the laws regulating labour in factories. # To provide and maintain the plant and systems of work in the factory that are safe and without risk to health of the workers. Workers Problems that time during the work. LLP Registration Process Time, Documents, Checklist, Advantages | How to Register LLP Online? (June 2011, 4 marks) Short title, extent and commencement.(1) This Act may be called the Factories Act, 1948. (June 2010, 4 marks) Cannot be made to work for more than 9 hours a day. Attempt the following stating relevant legal provisions and decided case law, if any: Occupier of the factory needs to give a notice to Chief Inspector: 30 days before date of resumption of seasonal factories, 15 days before date of use of premises by occupier, Where new manager is appointed, Occupier to intimate within: 7 days of appointment. Any process of manufacturing where there is a possibility of danger in the process of work, which can have any kind of effect on the health of the workers, is called a hazardous process. Duties of Occupier under Factories Act, 1948. Special provisions relating to hazardous processes under the Factories Act, 1948. 236, the question arose whether bidi roller is a worker or not. An Act to consolidate and amend the laws regulating labour in factories. Answer: (viii) Drinking water (Section 18) Answer: Question 4. Employment to be direct or through some agency. If so, registration number of the factory be given. If an Indian used to work in those factories, he would get 20 rupees, whereas if the same work was done by whites, then he was given 100 rupees. The prima facie test for determination of the relationship between the employer and employee is the existence of the right of the employer to supervise and control the work done by the employee not only in the matter of directing what work the employee is to do but also the manner in which he shall do his work (Chintaman Rao v. State of M.P. PRELIMINARY. A person to be a worker within the meaning of the Section 2(l) of the Factories Act, 1948 must be a person employed in the premises or the precincts of the factory. Shifts cannot be changed other than after weekly holiday or any other holiday. envis.org - General duties of the occupier Safety Officer Gulf Safety (Study& Job) Safety Officer Job, Most Important 54 Safety Toolbox Talk Topics Free download in PDF Toolbox talks are short safety briefings / discussions on a particular safety topic relevant to a group of people. Proper maintenance of the plants so as to ensure that they are safe. The concept of employment involves three ingredients, viz. © Copyright 2016. 3*[7A. Welcome to Mini Gyan Of Cs. Section 92: General penalty for offenses. Explain this statement and list out the areas to be checked/verified the Auditor under Factories Act, 1948 of an Industrial Organization. (June 2019, 6 marks) The Supreme Court held that the bidi roller is not a worker. Question 20. Manufacturing processunder the Factories Act, 1948. For example, suppose it is 3 o'clock in green which time, then it will be 8:30 in India. General duties of an 'occupier' under the Factories Act, 1948. (i) Sooraj Hospital has a laundry in its premises to ensure a high degree of hygiene standard for washing the linen used in the hospital. India. The Factories Act - International Labour Organization No adult worker shall work for consecutively 10 days. (June 2009, 5 marks) Please consult legal experts with full details of your case before relying upon the advice given. For example we can say Pulley, chain that rotates the prime mover parts. Question 33. [i] Substituted by the A.O. Any such person who has been appointed in the company either directly or by any agency is called worker or in other words, every person working inside any organization is called worker. What are the duties of occupier under the Factories Act 1948 (3) Before a factory engaged in a manufacturing process which is ordinarily carried on for less than one hundred and eighty working days in the year resumes working, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1)[xxxv][at least thirty days] before the date of the commencement of work. Thus excludes adult. Patent Registration Process, Types, Documents Needed, Eligibility, Benefits. Veena, a worker without availing the weekly holidays, claimed double of the wages for working on Sundays and normal wages for working on Wednesdays. [xviii] Omittedby Act 20 of 1987 (w.e.f. 26-10-1976). This increase or decrease in humidity adversely affects the health of workers. To assure the health and safety workers. Which autho Is an IT company is covered under the factories Act? But it was only for the children working inside the factories. Hazardous process under the Factories Act, 1948. Young person and adult under the Factories Act, 1948. Join and Share safety contents . Safety arrangement with regards to use, handling and transportation of substances. PDF CHAPTER 100 FACTORIES ACT - International Labour Organization PSS Sundar Rao V/s Inspector of Factories, Vellore. (4 marks) General duties of the occupier.-(1) Every occupier shall ensure, so far as is reasonably practicable, the health, safety and w,elfare of all workers while they are at work in the factory. Founder and Editor: Dr. Ashok Dhamija, Advocate, Supreme Court, New Delhi. As per Sec. Short title says by what name the act we are studying will be known, then let me tell you that or it is known as Factories Act 1948. Is the company liable to extend the benefits to the gardeners as applicable to other factory workers ?
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