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FACTORIES ACT,

1948.

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Factory refers to any premises including the precincts thereof

1. Where 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 theaid of power or

2. Where twenty 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 withoutthe aid of power, or is ordinarily so carried on

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The following have held to be a factory:-

i. Salt works

ii. A shed for ginning and pressing of cotton

iii. A Bid making shed

iv. A Railway Workshop

v. Composing work for Letter Press Printing

vi. Saw Mills

vii. Place for preparation of foodstuff and other eatables

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THE FACTORY ACT 1948, is a social legislation to consolidate

and amend the law regulating labour in factories in INDIA.

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It is primarily enacted for the purpose of

Occupational safety

Health

Welfare

It extends to the whole of India and came into force on1 April 1949

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Look out for these factors, to conclude whether an

establishment is a Factory or not -

Manufacturing process

Workers

Power

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Making Applications to the Government

The Permission shall be deemed to have been

granted

If the application is rejected Appeal can be made to

the government within 30 days of such rejection

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Occupier of a Factory refers to the person who has

ultimate control over the affairs of the factory provided

that

In case of firm: one of members can be deemed to

be the occupier

In case of company: any one of directors can be

deemed to be the occupier

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The Occupier shall take at least 15 days before he

begins to occupy or use any premises as a factory.

The occupier shall send a written notice to the chiefinspector.

Whenever a new manager is appointed

When no person has been designated as a manager

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Proper design and construction

Research, testing and information

The duty imposed to extend only to things done in

the course of business

Undertaking by the users

The article is not to be properly Regarded

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General Duties of the Occupier

Every Occupier shall ensure the health, safety

and welfare of all workers .

The Duty extends the maintenance of

systems, arrangements in factory andmonitoring.

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Inspector refers to a person or an institution recognized

as chief inspector for the purpose of carrying out tests,

examinations and inspections required to be done in a

factory.

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The State Government , by notification in the official gazette ,appoint any person possessing prescribed qualifications of a chief

inspector, to be the Chief Inspector and to exercise the powers

conferred on him by Factories Act.

Such a person, who is appointed as Chief Inspector is deemed to

be a public servant.

Any person who has an interest in the activities of the factory

shall not be appointed as the Chief Inspector.

State government, by notification in the official gazette , shall

also appoint Additional Inspectors.

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Make examination of the premises, plant,machinery, article or substance.

Inquire into accidents in the factory and take

statements of any person which he may consider

necessary for such inquiry.

Ask for any prescribed register or any other

document relating to the factory.

Seize any document or register which he mayconsider an offence under this Act.

Exercise such other powers as prescribed under

Sec.9

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The State Government

may appoint qualified

medical practitioners to be

certifying surgeons for

specified factories.

No person shall be

appointed a certifying

surgeon who is or

becomes the occupier ofthe factory or has some

interest in the activities of

the Factory.

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The certifying surgeon shall carry out such duties asmay be prescribed in connection with

The examination and certification of young persons The examination of persons engaged in factories in

dangerous occupations or processes

The exercising of such medical supervision as may

be prescribed for any factory where i) Cases of illness during the work

ii) Injury caused due to change of work, etc.