By: Dr. Sanjiv Agarwal -
The appellant was an "occupier", as defined in s. 20(n) of the Factories Act, of certain mills. january/1967, Classes of dangerous occurrences, FIFTH SCHEDULE Fencing of Machinery The machinery must be fenced properly in every factory to ensure the safety of its workers/employees. Citation : 2005 Latest Caselaw 294 SC, Judgement Date : Citation : 2015 Latest Caselaw 493 SC, Judgement Date : The following compliances are to be fulfilled. Citation : 2000 Latest Caselaw 535 SC, Judgement Date : Approval, licensing and registration of factories. In the case of Employees State Insurance Corporation v. G.N. february/1986, 2. Disclaimer ||
may/2013, Chapter IV-A- Provisions Relating To Hazardous Processes. Power to exempt during public emergency; 6. As per the Factories Act, Manager is defined u/s 2 : (l) manager means the person responsible to the occupier for the working of the factory for the purpose of the Act. Citation : 1998 Latest Caselaw 215 SC, Judgement Date : 7. Citation : 1996 Latest Caselaw 1023 SC, Judgement Date : {Section 52}, After obtaining approval from the Inspector of Factories, the workman shall be allowed to avail the compensatory holidays unavailed by him, within that month during which the compensatory holidays are due or within two months immediately following that month. .(1) The Central Government may, in the event of the occurrence of an extraordinary situation involving a factory engaged in a hazardous process, appoint an Inquiry Committee to inquire into the standards of health and safety observed in the factory with a view to finding out the causes of any failure or neglect in the adoption of any measures or standards prescribed for the health and safety of the workers employed in the factory or the general public affected, or likely to be affected, due to such failure or neglect and for the prevention and recurrence of such extraordinary situations in future in such factory or elsewhere. Covering the pits, sumps or openings in floors It is important to cover any pits, sumps or openings of floors that can be dangerous for anyone in the factory. Citation : 1961 Latest Caselaw 25 SC, Judgement Date : Section 7(4) Whenever a new manager is appointed, the occupier shall send to the Inspector a written notice and to the Chief Inspector a copy thereof within seven days from the date on which such person takes over charge. To know more about Labour Law in India, read below: 81/2, 2nd & 3rd Floors Aurobindo Marg, Aurobindo Square, Adhchini New Delhi 110017, India. {Section 17}, Sufficient and conveniently accessible supply of wholesome drinking water should be maintained in the factories. Citation : 1971 Latest Caselaw 51 SC, Judgement Date : The occupier shall, in every factory where a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee consisting of an equal number of representatives of workers and management to promote co-operation between the workers and the management in maintaining proper safety and health at work and to review periodical the measures taken in that behalf. Appointment Of Independent Director As An Occupier Of (i) a scientist having specialised knowledge of the hazardous process which will be involved in the factory, (ii) a representative of the local authority within whose jurisdiction the factory is to be established, and. 5. Citation : 1967 Latest Caselaw 22 SC, Judgement Date : march/1984, 226 of the Constitution, quashing certain orders of the Appellate Authority appointed by the Governor of Assam by a Notification under s. 3(3) of the Assam Revenue Trib HC rules filing Section 7 Application under IBC doesn't bar Arbitrator appointment, Read Judgment, Husband's property acquisition in Wife's name not automatically a Benami Transaction, expounds HC, Read Judgement, HC opines that order U/Sec 16 of the Arbitration and Conciliation Act can be challenged under Article 227 only on the ground of patent lack in inherent jurisdiction or exceptional circumstances, Read Judgment, HC Broadens Interpretation of Untouchability, Prohibiting Social Exclusion and Discrimination, Read Judgment, Lack of supporting DNA analysis does not undermine a prosecutrixs claim, penetration enough to prove a rape offence: rules HC, Read Judgment, HC quashes proceedings on the ground that there is no specific allegation and no privity of contract, Read Judgment, IBBI issues circular for creditors who file applications under Sec 7 and 9 of the IBC, Read Circular, Prior permission of RBI not required for participating as a Resolution Co-Applicant, expounds NCLAT, Read Judgement, Maharashtra Municipal Corporation passes a circular on Cluster Development Scheme, Read More, [Breaking] Tushar Mehta re-appointed as Solicitor General for India along with six ASGs for Supreme Court, UK to introduce new law preventing Lawyers from advising Russian Companies in latest sanction over Ukraine, Delhi Govt moves Supreme Court against Centre's Ordinance on transfer posting of Officers, Twitter 50 , , All about Warehousing (Development and Regulation) Act 2007, 16 , - Internet , Justice BN Srikrishna Report on Institutionalisation of Arbitration. Precautions Against Dangerous, inflammable gases, fumes or use of portable eclectic light and fire the electric light being used must not be more than 24 volts and must be used in any confined space, tank or chamber. 3 Application to factories belonging to Government, 4 Power to exempt in case of public emergency, 10 Notification by inspector of defects in factory, 20 Electrical installations and equipment, 25 Construction and disposal of new machinery, 28 Training and supervision of inexperienced workers, 31 Lifting appliances and lifting machines, 33 Safe means of access and safe place of employment, 35 Precautions with regard to explosive or inflammable dust, gas, vapour or substance, 40 Refrigerating plant pressure receivers, 41 Pressure vessels containing corrosive, toxic, explosive or inflammable substance, 42 Pipelines and equipment conveying certain substances, 43 Exemptions from sections 36, 37, 38, 39 and 40, 48 Power of Chief Inspector to make orders, 49 Power to prohibit work or processes in certain circumstances, 50 Appeal from order made by Chief Inspector, 51 Notification of accidents and dangerous occurrences, 52 Investigation into accidents and dangerous occurrences. Section 2(n) of the Factories Act, 1948 defines Occupier as follows: "Occupier" of a factory means the person who has ultimate control over the affairs of the factory. WebSection 7 in The Factories Act, 1948 7. Period of Work for Adults on Notice Board A notice must be put every day clearly showing the periods in which adult workers may be required to work that day. Director Factory/ Asstt. It specifically talks about who an occupier is, the scope of the term 'occupier', his duties, the judicial say on the concept of the occupier, and the concluding remarks that suggest the suitability of legal provisions in today's era. Citation : 1996 Latest Caselaw 1068 SC, Judgement Date : Citation : 2001 Latest Caselaw 624 SC, Judgement Date :
What are the provisions under Factories Act regarding While greasing the spur gear wheel of an oil mill, one of the hands of a workman got caught and had to be amputated. Copyright S.S Rana & Co. All Rights Reserved. Citation : 2001 Latest Caselaw 94 SC, Judgement Date : Drinking Water There must be the arrangement of proper drinking water at suitable and conveniently situated places, and the label Drinking Water should be mentioned in a legible manner in the language understood by the workers. april/2011, Citation : 2010 Latest Caselaw 415 SC, Judgement Date : Citation : 2012 Latest Caselaw 39 SC, Judgement Date : The Regional Director, State Employees Corporation the appellant in the instant case claimed for covering the factories of the respondents M/s. 41-C. FACTORIES ACT An occupier of a factory holds enormous duties from supervision to maintaining safety to coordinating activities of the factory. Along with the occupier, a Health Register about persons employed in occupations declared to be dangerous operations. 8. Emergency standards.(1) Where the Central Government is satisfied that no standards of safety have been prescribed in respect of a hazardous process or class of hazardous processes, or where the standards so prescribed are inadequate, it may direct the Director-General of Factory Advice Service and Labour Institutes or any institution specialised in matters relating to standards of safety in hazardous processes, to lay down emergency standards for enforcement of suitable standards in respect of such hazardous processes. Law Library: Notes and Study Material for LLB, LLM, Judiciary, and Entrance Exams, Law Aspirants: Ultimate Test Prep Destination. It is not correct to say that S. 79 of the Factories Act, 1948, standardises the grant of annual leave with wages to employees to whom the Act applies and that neither the employer by voluntary agreement nor the Industrial Tribunal by its award can vary that standard. january/2012, october/2020, january/1961, {Section 56}. Hence it is important for the occupier to comply with the above-mentioned Factory Law Compliance Checklist before beginning the operations of the factory. Cleanliness. the machinery, plant or premises in use for the purpose of carrying out such repair or maintenance work by such owner, agent, master or other officer- in- charge or person". The article "Occupier under The Factories Act, 1948" throws light on the concept of the occupier as a whole under The Factories Act, 1948. 41-A. Citation : 2006 Latest Caselaw 204 SC, Judgement Date : Directorate of Industrial Safety and Health, Maharashtra State [ii] Enforced along with Second Schedule w.e.f. In order to ensure the workers welfare, health, and safety, the employer and manager play an important role. Citation : 1959 Latest Caselaw 113 SC, Judgement Date : Section 7 in The Factories Act, 1948 - Indian Kanoon 41-G. Workers participation in safety management.(1) The occupier shall, in every factory where a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee consisting of equal number of representatives of workers and management to promote cooperation between the workers and the management in maintaining proper safety and health at work and to review periodically the measures taken in that behalf: Provided that the State Government may, by order in writing and for reasons to be recorded, exempt the occupier of any factory or class of factories from setting up such Committee. november/1961, All Rights Reserved. In case of a company, it includes any director of a company. She is particularly interested in legal research and writing and wishes to utilize her knowledge to create informative legal content. Citation : 1990 Latest Caselaw 62 SC, Judgement Date : For e.g., it states that any one of the directors of a company can be an occupier. Civil Appeals Nos 4291 and 4292 of 1984 were preferred against the judgment of the Madras High Court in Writ Appeals Nos. january/2011, november/2013, {Section 35}, Suitable precautionary arrangements should be taken against dangerous fumes, gases etc. october/2016, Where he was asked to work on his scheduled weekly holiday, he should be given compensatory holiday within three days of his scheduled weekly holiday. If occupier\Factory Manager negligent in the compliance of the provision of the Factory Act, 1948 and rules made there under the prosecution are launched in the competent court of law. Citation : 1957 Latest Caselaw 7 SC. .(1) Where the workers employed in any factory engaged in a hazardous process have reasonable apprehension that there is likelihood of imminent danger to their lives or health due to any accident, they may bring the same to the notice of the occupier, agent, manager or any other person who is in-charge of the factory or the process concerned directly or through their representatives in the Safety Committee and simultaneously bring the same to the notice of the inspector. september/1959, The Factories Act went through a series of amendments, and the final Act came into force on 1st April 1949. Powers of Inspectors. Factories Act, 1948 march/1974, The appellant was using denatured spirit in the manufacture of micanite. Citation : 1963 Latest Caselaw 23 SC, Judgement Date : february/1990, {Section 30}, Where any plant or machinery or any part thereof is operated at a pressure above atmospheric pressure, effective measures should be taken to ensure that the safe working pressure of such plant or machinery or its part is not exceeded. According to Section 2(m) of the The compliances regarding the safety of the workers/employees as per the Factory Law Compliance Checklist are. A factory, being a manufacturing unit, provides employment to a large number of people and carries a high level of associated risk. Mathur and Others, (1993) 95 BOMLR 740, it was held that for ascertaining whether a person is an occupier or not, it has to be ascertained whether he is in ultimate control of the factory or not. This committee will include: There is no specific category of director who should be designated as occupier as defined in this section. Approval, licensing and registration of factories; 7. 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september/1994, As a result thereof, the Contract Labour (Abolition and Regulation Sub-s. (1) of 8. Citation : 2020 Latest Caselaw 535 SC, Judgement Date : 7B. july/1996, THE FACTORIES ACT, 1948 - DGMS december/1964, Section 5 of the Act empowers the Central Government to frame the Coal Mines Bonus Scheme which may provide for a Nine employees of the octroi department, 13 employees of the water works. Citation : 1961 Latest Caselaw 324 SC, Judgement Date : 5. Citation : 1986 Latest Caselaw 59 SC, Judgement Date : Citation : 1974 Latest Caselaw 108 SC, Judgement Date : Citation : 1997 Latest Caselaw 730 SC, Judgement Date : Citation : 1971 Latest Caselaw 106 SC, Judgement Date : The letter of appointment stated that the 1st respondent was liable to be transferred from one unit of the appella On inspection three of the workmen were found working in a factory before their shift commenced. Citation : 2004 Latest Caselaw 736 SC, Judgement Date : Citation : 2013 Latest Caselaw 785 SC, Judgement Date : {Section 15}, No room in any factory should be overcrowded to an extent that is injurious to the health of the workers employed therein. (1) The State Government may, for purposes of advising it to consider applications for grant of permission for the initial location of a factory involving a hazardous process or for the expansion of any such factory, appoint a Site Appraisal Committee consisting of (a) the Chief Inspector of the State who shall be its Chairman;