Liabilities of occupier under factories act 1948 pdf

To ensure the health, safety and welfare of all workers while they are at work in the factory. Who is an occupier as per the factories act,1947 pdf download. In accordance with the factories act 1948, an occupier of an establishment has to ensure the health, safety and welfare of all the workers while they are at work in the factory. Factories act, 1948 and occupier must be a member of the board. This presentation gives the liabilities and punishments that a director faces under various labour laws of india. Factories act, 1948 bare acts law library advocatekhoj. Who is an occupier as per the factories act,1947 pdf. Registration and grant of license under the factories act, 1948 list of prescribed documents to be. Factories to be made by the occupier with the signature of the new manager and occupier appended chief inspector of. Employers liability for compensation accidents 199. Under the factories act, 1948, usually the term precincts is known as.

Section 2n of the factories act, 1948 defines the occupier in relation to factories. Factories act, 1948 page 1 bare acts in india statutes and laws free download bare acts and case laws in india have been extensively discussed here, the laws pass by the parliament and its implementation in the courts are commonly discussed here in length. The factories act, 1948 ranjeet kumar yadav ranjeet kumar. Employees state insurance act, 1948 employees provident funds family pension fund and deposit linked insurance fund act, 1952 the minimum wages act, 1948 the payment of bonus act, 1965 the payment of wages act, 1936 the payment of gratuity act, 1972 contract labour regulation and abolition act, 1970 the maternity benefit act, 1961. Section 74 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. Whereas it is expedient to consolidate and amend the law regulating labour in factories. Appointment of safety officer, welfare officer, factory. Appointment of safety officer, welfare officer, factory medical officerand physically handicapped persons appointment of safety officer, welfare officer, factory medical officer and physically handicapped persons. Who is an occupier as per the factories act,1947 an employee who is having managerial andor supervisory power in the managementin the factory like to appoint and terminate the service of any person worker, official of the factory, sanction.

The contract labour regulation and abolition act, 1970 the act is one of the most significant labour legislations in india as the objective of the act is to prevent exploitation of bluecollar workers and ensure facilitation of better conditions of work for them. Under factories act, 1948, the occupier or the manager of the factory shall be. An overview of the employee state insurance act, 1948 esi act in the course of employment of an employee, there come many circumstances when he needs extra financial support and seeks to get insured from the losses or damage. An employee who has all teh rights in the factory 1. Workshop organized by confederation of indian industry. All about roles and duties of a director under companies.

Roles and duties of a director under companies act by pranjali sharma download pdf the author, pranjali sharma, is a 3rd year law student of nmims kirit p mehta school of law, mumbai, maharashtra. There is no specific category of director who should be designated as occupier as defined in this section. In case of a company, it includes any director of a company. Sec 93 of the factories act,1948 1where in any premises separate buildings are leased to different occupier for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services, such as approach roads, drainage, water supply, lighting and sanitation.

After 1947, the factories act, 1948 consolidating and amending the law relating to labour in factories, was passed by the constituent assembly on 28th august, 1948 and come into force on 1st april, 1949. It casts various obligations, duties and responsibilities on the occupier of a. While examining the concept of an occupier, it is important to take note of section 92 of the act, which provides for strict liability on the occupier for noncompliance under the act. Any industrial dispute or any matter appearing to be connected with, or relevant. If the government company is to be treated like any other company, then according to clause ii of the first proviso to section 2n of the factories act, 1948 any one of the directors of that company is deemed to be the occupier. Short title, extent and commencement 1 this act may be called the factories act, 1948.

T p mohanlal vs state of kerala citation 1009981 court. 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. An act to consolidate and amend the law regulating labour in factories. The main object of the factories act, 1948 is to ensure adequate safety. The employer is termed as the occupier on whom the ultimate control over the affairs of the factory lies. The factory act, 1948 i the factories act, 1948 index sec.

An act to consolidate the factories acts 1937 to 1959 and certain other enactments relating to the safety, health and welfare of employed persons. A structural analysis of indian contract labor laws. Authority to modify or damage any part of the building 3. The provisions of the factories act, 1948, or any rules made under the act, or any. The act also makes provisions regarding employment of women and young persons including children and adolescents, annual leave with wages etc. Exemption of occupier or manager from liability in certain cases. It can therefore, be construed that any kind of director can be appointed as occupier.

Provisions relating to hazardous process free download as powerpoint presentation. The factories act, 1948 was amended and the directors of a company were defined as occupier of a factory and were made responsible directly for all acts of omission and commission. India code link to coal mines provident fund and miscellaneous provisions act, 1948. Whereas it is expedient, in the public interest to acquire certain cashew factories to prevent large scale unemployment among the workers in the cashew. Who is an occupier as per the factories act,1947 an employee who is having managerial andor supervisory power in the managementin the factory like to appoint and terminate the service of any person worker, official of the factory, sanction of leave, gate pass, become the occupeir of the factory. Duties of occupier directorate of industrial safety and health.

Breach of the prescriptions under the factories act 1948 would, then, constitute an absolute offence. The factories act, 1948 1the first schedule see section 2 cb list of industries involving hazardous processes 1. Liability of owner of premises in certain circumstances 1 where in any premises separate buildings are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services, such as approach roads, drainage, water supply, lighting and sanitation. One of the significant stakeholders, under this legislation, are the principal employers, who may not always be. Liability of directors under labor laws of india free download as powerpoint presentation. The other contravention alleged is that the accused failed to provide such information, instruction, training or supervision necessary to ensure the health and safety of workers and thus violated section 7a2c of factories act, 1948 which is made punishable under.

Coal mines provident fund and miscellaneous provisions act. Liability of directors under labor laws of india limited. 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 act also makes provisions regarding employment of women and young persons including. Health and safety in the workplace in india occupational. Ferrous metallurgical industries integrated iron and steel ferroalloys special steels 2. Occupier of the factory d inspector of the factory. An act to amend the law of england and wales as to the liability of occupiers and others for injury or damage resulting to persons or goods lawfully on any land or other property from dangers due to the state of the property or to things done or omitted to be done there, to make provision as to the operation in relation to the crown of laws made by the parliament of northern ireland for. Rules prescribed under section 2a clause 2ca and section 112. The employees state insurance act, 1948 provides for certain benefits to employees in case of sickness, maternity and employment injury and for certain other matters in relation thereto.

Section 2 n of the factories act, 1948 defines the occupier in relation to factories. The coal mines provident fund and miscellaneous provisions act, 1948 46 of 1948 376 3rd september, 1948 an act to make provisions for the framing of a provident fund scheme, a pension scheme, a deposit linked insurance scheme and a bonus scheme for persons employed in coal mines. Nonferrous metallurgical industries primary metallurgical industries, namely, zinc, lead, copper, manganese and aluminium 3. View test prep the principals liability on the contract from mechanical e0231276 at dedan kimathi university of technology. The government is actively considering the introduction of some vital amendments to the act to keep it in tune with time and make it more effective while dealing with the duties of the occupier and factory manager under factories act 1948, altogether we can conclude that the occupier and factory manager has a vital role to play in assuring the. Liability of employer under employee state insurance act, 1948.

In contrast, in the factories act 1948, for instance, the occupier or manager of a factory is answerable in the. Duties and liabilities of occupier under factories act burden of. There are currently no known outstanding effects for the factories act 1961. Whereas it is expedient to provide for certain benefits to em ployees. The dynamic role of indian judiciary to safeguard workers.

The principals liability on the contract running head. The kerala cashew factories acquisition act, 1974 1 act 29 of 1974 act to provide for the acquisition, in the public interest, of certain cashew factories. Kerala cashew factories acquisition act, 1974 pdf kerala cashew factories acquisition act, 1974. The factories act, 1948 the factories act interpret worker as a person employed, directly or by or through any agency including a contractor with or without the knowledge of the principal employer section 2 l. For that purpose, it seeks to impose upon the owner or the occupier certain obligations to. The occupational safety, health and working conditions code osh is a bill, currently under consideration for.