Section 66 1b of the factories act prohibits employment of women in factories between 7 pm and 6 am. The object of the act is to secure health, safely, welfare, proper working hours, and other benefits to workers. The same has been done in order to ensure the welfare, health and wellbeing of workers. It deals with various problems concerning safety, health, efficiency and wellbeing of the persons at work places. Factories act the object of the factories act is to regulate the conditions of work in manufacturing establishments coming within the definition of the term factory as used in the act. The occupier was punished under the power of section 92 of the factories act, 1948 as well as under the section 304 a of the indian penal code for an accident causing death in the factory. This law was applicable to only those factories, which employed 100 or more workers. The factories act 1948, no doubt predominantly imposes liability against the employer exploiting the workers with utter disregard to the safety, health and welfare. Constitutional provisions with regard to labour laws the relevance of the dignity of human labour and the need for protecting and safeguarding the. The position and status of the workmen engaged in a statutory canteen maintained in pursuance to the rules framed under section 46 of the factories act, 1948 has to come up for consideration in several cases before the supreme court.
This was followed by new acts in 1891, 1911, 1922, 1934 and 1948. Sec 42 to 50 of the factories act, 1948 deal with the welfare of the workers. 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. 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. The factories act, 1948 is an extremely important legislation which was promulgated during the early years of indian democracy to regulate the conditions of various factories in india and to ensure a better and more favourable working environment for the workmen. Jul 22, 2009 hi, has anybody worked on actual case studies of factories act. It was enacted with a view to removing a number of defects, revealed in the working of the act of 1934. Factories act 1948 international labour organization. The state vs alisaheb kashim tamboli on 17 september, 1954.
Whereas it is expedient to consolidate and amend the law regulating labour in factories. V rajeswari, a worker of viswabharathi textiles ltd, vadamurai, filed a petition in the high court challenging the constitutional validity of such a provision which not only infringes into the freedom of women to work but also discriminates the interests of women folk in the liberalised scenario of globalisation. Therefore, the factories act, 1948 consolidating and amending the law relating to labour in factories, was passed by the constituent assembly on august 28, 1948. Case study on factories act health and safety measures under. The occupier will be held responsible if the provisions of the factories act, 1948 are not complied with. The welfare and safety provisions of factories act, 1948. In this act, unless there is anything repugnant in the subject or context, a adult means a person. Case details the case study is about the labor problems of the philips india limiteds pil 1998 salt lake factory kolkatta india. Factories act 1948 indian bare acts at, a website for indian laws and bareacts, legal advice and law documents in india. Case study on factories act health and safety measures under section 11 20. Cont the differences with workers led to declining production and losses.
An act to consolidate and amend the law regulating labour in factories. Case laws court judgments on occupational health and safety 1. Exemption of occupier or manager from liability in certain cases. Factories act, 1948 the factories act, 1948, came into force on 1st april, 1949. Accident in factories business manager hr magazine. He admitted that there was no specific notification making the factories act. This handy work contains the full amended text of the following along with useful, crisp notes on caselaw on the subject. This book on factories act, 1948 is designed to provide answers to the most frequently raised queries on the subject of factories law and issues related to it. A careful study and examination of section 92 makes it abundantly clear. Feb 24, 20 case details the case study is about the labor problems of the philips india limiteds pil 1998 salt lake factory kolkatta india.
The act of 1948 not only consolidates but also amends the law regulating labour in factories. Factories act is one of the earliest labour welfare legislations. Regards, binny rjnimmi 20th december 2009 from india, guntur. Factories act is a labour legislation history essay. Section 7a and 7b of the factories act at the same time the act also recognizes the role of workers in safety and provided for obligations to them. The first act, in india, relating to the subject was passed in 1881. In this act, unless there is anything repugnant in the subject or context, a adult means a person who has completed his eighteenth year of age. Introduction introduction the factories act, is a social legislation which has been enacted for occupational safety, health and welfare of workers at work places applicability of the act. Penalty for wrongfully disclosing results of analysis under section 91. It extends to the whole of india including the state of jammu and kashmir. Competitive exams the factories act, 1948 translation in. Foremost aim while writing this book has been to produce a text which is broadly comprehensive in nature and presents the law in a most simple and readable manner. The act received the assent of governor general of india on 23 september 1948 and came into force on april 1. Jul 19, 2012 factories act the object of the factories act is to regulate the conditions of work in manufacturing establishments coming within the definition of the term factory as used in the act.
The factories act 1961 is an act of the parliament of the united kingdom. Co a typical case of leave entitlement under factories act archive. The judgment of the supreme court in the saraspur mills co. A project report on health, safety and welfare as per the factories act 1948 a detailed study done in. Full text containing the act, factories act, 1948, with all the sections, schedules, short title, enactment date, and footnotes. Case study on factories act health and safety measures. Buy factories act, 1948 with faqs book online at low. Factories act, 1948 bare acts law library advocatekhoj. The main objectives of the indian factories act, 1948 are to regulate the working conditions in factories, to regulate health, safety welfare, and annual leave and enact special provision in respect of young persons, women and children who work in the factories. This act was basically designed to protect children and to provide few measures for health and safety of the workers. V rajeswari, a worker of viswabharathi textiles ltd, vadamurai, filed a petition in the high court challenging the constitutional validity of such a provision which not only infringes into the freedom of women to work but also discriminates the interests of women folk in the liberalised. Hi, has anybody worked on actual case studies of factories act. Pdf awareness and implementation of labour welfare measures.
According to the provision of working hours of adults, no. Factories act, 1948 has been enacted to consolidate and amend the law regulating the workers working in the factories. The decisions of the supreme court, in matters relating to canteens governed by section 46 of the factories act, 1948, therefore, do not support the proposition that all the employees engaged through a contractor or an intermediary in such a canteen ipso facto become the employees of the management for a. Power to declare different departments to be separate factories or two or more factories to be a single factory. Any premises whereon 10 or more persons with the aid of power or 20 or more workers arewere without aid of power working on any day preceding 12 months, wherein manufacturing process is being.
Factories act, 1948 mcqs with answers part i choose the correct option for the questions below. Mazagon dock limited, mumbai submitted in partial fulfillment of the requirement for. Buy factories act, 1948 with faqs book online at best prices in india on. How many days in advance does the occupier of a factory premises gives notice of occupancy to the chief inspector. Where the occupier or manager of a factory is charged with an offence punishable under this act, he shall be untitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days notice in. If you got any case studies on the factories act by now pl email it. Check out our top free essays on case study on factories act 1948 to help you write your own essay. It extends to whole of india and applies to every factory wherein 20 or more workers are ordinary employed. Case laws court judgments on occupational health and safety. Where the occupier or manager of a factory is charged.
This book is a handy volume containing factories act, 1948 as amended by act 20 of 1987 with indian case laws. The act also makes provisions regarding employment of women and young persons including children and adolescents, annual leave with wages etc. The act requires that workers should work in healthy and sanitary conditions and for that. The act received the assent of governor general of india on 23 september 1948 and came into force on april 1, 1949. Two unions active at pil philips employee union peu and pieco workers union pwu. The factories act 1948 was passed by the constituent assembly on 28 august 1948, assent was given by the governorgeneral of india on 23 september 1948 and the said act came into force from april 1949. 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.
Ads 2 book bank exam app et money finance app coupondunia dineout. Sep 24, 2016 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. Describe objective, scope and coverage of factories act. At the time of its passage, the act consolidated much legislation on workplace health, safety and welfare in great britain. Describe objective, scope and coverage of factories act 1948. Employees provident funds and miscellaneous provisions act, 1952 7. An act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto. To study the benefits and welfare of workmen under factories act, 1948. Applicability of the act at any place wherein manufacturing process is carried on with or without the aid of power or is so ordinarily carried on, not with standing that. Competitive exams commerce notes on labor laws dealing with factories act, 1948.
The contract labour regulation and abolition act, 1970. In criminal cases, the general laws applicable are the indian penal code and criminal procedure code. The number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of. Lxiii of 1948 23rd september, 1948 an act to consolidate and amend the law regulating labour in factories. A guide to the factories act, 1948, the karnataka factories. The act was amended in the year 1891, 1911, 1922, 1934, 1948, 1976 and 1987. The factory act 1948 is more comprehensive than the previous act and focuses mainly on health, safety, welfare of the workers inside factories, working hours, minimum age to work, leave with pay etc. The factories act, 1948 with latest amendments l workplace. In case of factory employing more than 30 women workers a creche is to be maintained for.
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