According to the factories act,1948, a factory means any premises including the precincts thereof i whereon ten or more workers are working, or were. The definition of factory is given in section 2m of the factories act,1948. As it was started without planning, they employedthe women as well as their children in factories whoneeded to work for more than 12 hours a day. Whereon 10 or more workers are working or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried on with the aid of power, or. The factories act 1948 was an act of parliament passed in the united kingdom by the labour.
Apr 14, 2020 definition of factory as per factories act, 1948. Firstaid appliances 1 there shall in every factory be provided and maintained so as to be readily accessible during all working hours firstaid boxes or cupboards, equipped with the prescribed contents, and the number of such boxes or cupboards to be provided and maintained shall not be less than one for every one hundred and fifty workers ordinarily employed 3 at. Section 2n of the factories act, 1948 defines occupier as follows. If you want to continue this discussion or have a follow up question, please post it on the network. Jul 11, 2008 i wanted to know definition of factory manager under factories act 1948. They are appointed for local limits as the government finds best.
Any premises in which 10 or more workers are employed and are. The work of the factory inspector is to ensure that the factories act, 1948 is fully adhered to by owners of factories. Each of the words in the definition has got independent meaning which itself constitutes. Occupier of a factory means the person who has ultimate control over the affairs of the factory. The factories ac 1948 came into force on april 1 st, 1948. Board resolution appointment of manager under factories act. Rule 2a competent person rules prescribed under section 2a clause 2ca and section 112. A process employed for purpose of pumping water is manufacturing process. Unless otherwise stated this act shall apply to factories belonging to central and state governments. According to the factories act, a factory means any premises. A it also regulates employment of women and young persons in factories.
Section 1 of factories act, 1948 short title, extent and commencement short title, extent and commencement 1 this act may be called the factories act, 1948. An illustrative analysis of the definition of factory in the factories act, 1948. Hence, factory forms an important part of the economy. Factory act 1948 lecture is fully explained in hindi and english by law planet labour law follow me on instagram. Within the premises of the area designated as factory, those actually engaged in the manufacturing process, and those engaged in process ancillary to or incidental to, such as accountants, etc. Undoubtedly, if production is important then everything related to production is important. Do a hand driven lifting equipment need certification from competent person under article 29 of factories act. Nov 19, 2017 approval, licensing and registration of factories. Changes brought about by the factory act,1948 the following changes were made by the factories act, 1948. Manufacturing process means process for i making, altering, repairing, oiling, washing, cleaning, ornamenting, finishing, packing, breaking up, or otherwise treating or adapting any article or substance with a view to its use, sale transport, delivery or disposal, or. Factories act 1948 section 2 interpretation judgments. Factories act 1948 safety act 1948 industrial safety act 1948 factories act 1948 india wikipedia factories act 1948 india a free short video by prof. Definition of manager under factory act 1948 citehr.
It was noted that the definition of factory under the factories act, unlike the definition of a factory under the esi act, provides for explanation ii which was introduced in 1987 and states. There is no specific category of director who should be designated as occupier as defined in this section. Section 2m of the factories act, 1948 defines factory as any premiseswhere ten or more workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of. In accordance with section 7 of the factories act, 1948, the occupier of a factory is required to send a written notice containing various details, as prescribed in the said section, to the chief inspector, at least 15 days before he begins to occupy or use any premises as a factory. Section 2n of the factories act, 1948 defines the occupier in relation to factories. The act also makes provisions regarding employment of women and young persons including children and adolescents, annual leave with wages etc. The works of laundry and carpet beating were held to involve manufacturing process. The provisions of the factories act, 1948, or any rules made under the act, or any. In the factories act,1948, according to section 2k defines manufacturing process as. I wanted to know definition of factory manager under factories act 1948. In case of a company, it includes any director of a company. Since the aim and object of the act is to safeguard the interest of workers and protect them from exploitation, the act prescribes certain standards with regard to. Under the factories act, factory means any premises.
Analysi of key components of what constitutes in the definition of factory, discussion on exceptions. Are officers in a factory workers under factories act. Under factories act 1948, the procedure for licensing and registration is given under various sections. Complaint under factories act 1948 latest legal news. In this article, we will look at various definitions under the factories act, 1948. According to section 2n occupier of a factory means the person, who has.
A single judge of the bombay high court while deciding the matter analyzed the definition of factory under both the factories act and the esi act. The factories act 1948 was an act of parliament passed in the united kingdom by the labour government of clement attlee. It was passed with the intention of safeguarding the health of workers. According to the factories act,1948, a factory means any premises including the precincts thereof i whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or ii whereon. Registration and licensing as under factories act 1948. The act is managed by the ministry of labour and employment. Factory inspector under the factories act, 1948 powers. Registration and licensing of factories under factories act, 1948. This section states that the factory should appoint a site appraisal committee consisting. This act applies to factories, which qualify the definition of factory under the section 2m of the act or to those industrial establishments, to whom section 85 have been made applicable by the. Whereon 10 or more workers are working or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried on with the aid of power, or b. In this article, we will look at the various rules and provisions related to the hazardous processes in the factories act, 1948. Production of goods is an inevitable part of a country or economy. They should not have any direct or indirect interest in what goes on in factories.
Save as is otherwise expressly provided in this act and subject to the provisions of section 93, if in, or in respect of, any factory there is any contravention of any of the provisions of this act or of any rules made thereunder or of any order in writing given thereunder, the occupier and manager of the factory shall each be guilty of. Factories act, 1948 bare acts law library advocatekhoj. Where ten or more than ten workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing power is being carried on with the aid of power, or is ordinarily so carried on, or. Government are, therefore, initiating various measures from time to time to ensure that adequate standards of safety, health and welfare are achieved the all work places. Section 6 empowers the state government to make rules with regard to licensing and registration of factories under the act on following matters. The provisions of the factories act, 1948, or any rules made under the act, or any order given in writing under the act is violated, it is treated as an offence. According to blacks law dictionary, factory is a term that includes all buildings and premises wherein, or within the cartilage of which, steam, water, or any. Registration and licensing of factories under factories. Dec 09, 2015 factories act 1948 safety act 1948 industrial safety act 1948 factories act 1948 india wikipedia factories act 1948 india a free short video by prof. Air1952all109 said that 500 or more workers are ordinarily employed in the sugar factories. So also the occupier is defined as the person having ultimate control over the affairs of the factory.
Factories act, 1948 has been enacted to consolidate and amend the law regulating the workers working in the factories. Section 2m of the factories act, 1948 defines factory as any premiseswhere ten or more workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of the power, or is ordinarily so carried on, or. The main object of the factories act, 1948 is to ensure adequate safety measures and to promote the health and welfare of the workers employed in factories. In india, factory registration is regulated by the provisions of the factories act 1948. Whereas it is expedient to consolidate and amend the law regulating labour in factories. What is a factory under factories act, 1948 according to sec 2m, factory means any premises including the precincts thereof. For the welfare of the workers, the act provides that in every factory adequate and suitable facilities for washing should be provided and maintained for the use of workers.
Section 29 of the factories act deals with lifting machines and lifting tackles which are defined under explanation. The definition of factory under section 212 has been amended to expand coverage of smaller factories. Section 2m in the factories act, 1948 m factory means any premises including the precincts thereof i whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or. The amended act covers all factories, which employ 10 or more persons irrespective of the fact whether the manufacturing process is being carried out with the aid of the power or without the aid of the power. Sep 24, 2016 a workshop of polytechnic institution registered under the factories act imparting technical education and having power generating machines, was carrying on a trade in a systematic and organised manner held, it will come under the definition of factory as defined under section 2m read with section 2k 1981 lab. It deals with various problems concerning safety, health, efficiency and wellbeing of the persons at work places. Jul 20, 2017 the definition of worker in the factories act is very wide and includes all persons working in the factory in connection with the mfg process or incidental thereof, only exclusion is the member of armed forces of the union. Factory inspector under the factories act, 1948 powers and. Hazardous processes under factories act, 1948 section 41a. In our opinion hand driven lifting equipment does not require certification.
The definition of worker in the factories act is very wide and includes all persons working in the factory in connection with the mfg process or incidental thereof, only exclusion is the member of armed forces of the union. Power to declare different departments to be separate factories or two or more factories to be a single factory. It extends to whole of india and applies to every factory wherein 20 or more workers are ordinary employed. Software companies are factories as per new court ruling. It is such a wide term that it requires special provisions to carry on all activities smoothly. Definition of factory as per factories act, 1948 under the factories act, factory means any premises. The factories act, 1948 with latest amendments l workplace. An act to consolidate and amend the law regulating labour in factories. The factories act, 1948, has been enacted to provide safety measures and to promote the health and welfare of the workers employed in factories. It extended the age limits for the medical examination of persons entering factory employment, while also including male workers in the regulations for providing seats and issuing extensive new building. Factories act, 1948 national portal of india government of india. Power to declare different departments to be separate factories or. The factory act, 1948 i the factories act, 1948 index sec. Health and safety regulations under factories act, 1948.
Text is available under the creative commons attributionsharealike license. Dec 20, 2018 factory act 1948 lecture is fully explained in hindi and english by law planet labour law follow me on instagram. Definitions the term factory under section 2m of the act means. Health and safety regulations under factories act, 1948 the factories act, 1948 sets forth the principle that workers should be protected from sickness, disease and injury arising from their employment. Factory in the factories act,1948 legal service india. Some of the employees took initiative to implementlabour lagislations, facories.
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