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THE FACTORY ACT 1948 OBJECTIVES 4

THE FACTORY ACT 1948 OBJECTIVES 4. The Factories Act is enacted in the year 1948 and the main aims are To regulate working conditions in the Factories To ensure that the basic minimum requirements for health, Safety,. Welfare of the Factory Workers are provided

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THE FACTORY ACT 1948 OBJECTIVES 4

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  1. THE FACTORY ACT 1948 OBJECTIVES 4 The Factories Act is enacted in the year 1948 and the main aims are To regulate working conditions in the Factories To ensure that the basic minimum requirements for health, Safety,. Welfare of the Factory Workers are provided 3: To regulate the working hours, leave, holidays , OT, employment of children and women and young persons

  2. THE FACTORIES ACT 1948 SYNOPSIS: 1 • Objective • Scope and Coverage • Power to make Rules • Employees Entitled • Administrative Set Up • Obligation of Employers

  3. OBLIGATION OF EMPLOYERS 2 • Compulsory Approval • Registration /License and Notice by Occupier • Notice of Change of Manager/Occupier • General duties as to health/Safety/Welfare • Articles and substances for the use in Factories • To provide Health Measures • To provide Safety Measures • To provide Welfare Measures • Working Hours Holidays and OT • Leave with wages • Display of Notice .Maintain Registers Returns • Notice of Accident ,Dangerous Occurrences • Obligation regarding hazardous process

  4. SYNOPSIS CONTD 3 • Obligations of Employees • Rights of Employers • Rights of Employees • Offences and Penalties

  5. Amendment in 1987 5 1: To regulate the hazardous manufacturing process 2: To regulate the use of hazardous subscales 3: To set the procedure to set up hazardous industries

  6. Scope and Coverage 6 • It is extended the whole of India • It is applicable to all the Industries • It includes Government Organisations also • It excludes Mines, Railway Shed Hotels , Restaurant, Eating Place • EDP Centre not as a part of Manufacturing Process is excluded • Minimum 10 workers if manufacturing process is with Power • Minimum 20 workers id manufacturing process is w/o power

  7. SCOPE AND APPLICATION 7 • State Government can relax the provisions from 10/20 • U/S 85 of amendment Power Looms , Rice-Floor-Oil Mills , Saw Mills , Pesticides or other Chemical Units manufacturing hazardous process or using subscales are also included

  8. EMPLOYEES ENTITILED • All workers employed directly or indirectly through Agent or Contractors • Contract Labourers employed with or without the knowledge of Principal Employers • Whether for wages or not • There must be relation between worker and manufacturing process or incidental to manufacturing process • The worker need not get remuneration or doing manual labour

  9. POWER TO MAKE RULES • The State Government is empowered to make and amend rules to ensure administration of provisions of the Acts in their respective States • Right from applicability of the Establishments, Inclusion and Exemption of any Establishment under this Act, Declaring any Industry as a hazardous Industry, Appointment of Occupier , Wages, Workers , Doctors Surgeons Certifying officers , Chief factory Inspectors and all Staff in Administration depts

  10. EMPLOYEES NOT ENTITLED • Workers employed in service sectors • Employed only for selling the manufactured article • Employed any work after manufacturing process such as sales , distribution, transportation • Workers employed in Canteen run by Cooperative Societies are governed by Cooperative Soc Act and not in Factory Act

  11. ADMINISTRATIVE SET UP • State Government is Chief Administrative Authority that enforces the provisions • Chief Factory Inspector • Additional Chief factories Inspectors • Joint Factory Inspector • Deputy Chief factories Inspector • Chief Inspectors • Inspectors • Doctors Surgeons, as Certifying officers to decide child adolescent fit or unfit worker

  12. Obligation of Employers • Compulsory Approval • Registration/License and Notice by Occupier • Notice of Change of Manager • General Duties as to HSW • General Duties as regards Articles and Substances for use of Factories • To Provide Health Measures • To undertake safety Measures • To introduce Welfare Measures • Working Hours Holidays and OT • Leave with Wages

  13. Obligations of Employers • Display of Notice Maintain Registers and Submit returns • Notice of Accident Dangerous Occurrences and Diseases • Obligation Regarding Hazardous Industries, Manufacturing Process, and Substances

  14. Rights of Employers • Right to carry on Plans of setting new factory or extension if no adverse order is communicated within 3 Months • Right to appeal to Central Government against State Government • Right to refrain Child or young person not holding a certificate of fitness • Right to appeal against order of Inspector • Right to demand Medical certificate if employee applied Medical leave

  15. Right of Employees • Obligations of Employers are automatic Rights of Employees • Right to obtain HSW measures details • Right to approach Inspector directly • Right to get trained through occupier for HS • Right to refuse paying charges for the facilities appliances of employers • Right to recover wages under Payment of Wages Act

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