labor law factories act 1948

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FACTORIES ACT,1948

PRESENTED BYADITI KAPOOR (2011A06)KARAN VEER BAJWA (2011A13)SONALI GROVER (2011B )


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Flow of the Presentation

LabourLaws

Background

Chronology

ImportantTerms

Objective Insight

OverviewSection

101

Cases ofSection

101


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LABOUR LAWSLaw Law is a rule or a system of rules recognized by a

country or a community as regulating the actions of its membersand enforced by the imposition of penalties.

Factors responsible for development of Labourlaws Exploitation of the workmen by the capitalists Social pressure and pressure from trade unions Government policies based on Government philosophy which

in turn was based on the political ideologies Constitution of India (Directive Principles of state policy) Supreme Courts recommendations on the cases that came

up in the courts Recommendations of various commissions and committees

set up by government from time to time Conventions and recommendations of International labor

organization (ILO) Awareness about environment


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BACKGROUND OF THEFACTORIES ACT

The labour movement was a by-productof the industrial revolution.

The last decade of the 19th century wasinstrumental in bringing in being theFactories Act.

It was a time when:

Advent of electricity boosted

industrialization Factories were working day and night

Exploitation of labour was at its peak.


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BACKGROUND OF THEFACTORIES ACT cont.

Women and children had to work fromsunrise to sunset without break. Evenchildren below the age of 7 years were inemployment.

The conditions of labor weredeteriorating day by day.

This was brought to the notice of secretary

of state of India Lord Shaftsbury, whoraised the voice in the parliament and thusthe Indian Factories Act 1881 came onthe statute book towards formulation.


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THE CHRONOLOGY leading toFactories Act, 1948.

Indian factories Act 1881

Factories amendment act 1891

Enactment of new Factories Act 1911

Factories Amendment act 1922

Factories Act 1934

Factories Act 1948


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INSIGHT ONTHE FACTORIES ACT, 1948

In India the first Factories Act was passed in 1881. ThisAct was basically designed to protect children and toprovide few measures for health and safety of theworkers. In 1891 another factories Act was passed which

extended to the factories employing 50 or more workers.

Comprehensive Act was enacted immediately after theindependence - under the nomenclature The FactoriesAct, 1948.

This Act has seen many amendments after theindependence.

Major amendments were caused during 1987 -- Reason

is Bhopal Tragedy The ghastly chemical accident


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OBJECTIVE :The Act has been enacted primarily with theobject of protecting workers employed in factories

against industrial and occupational hazards.

For that purpose, it seeks to impose upon theowner or the occupier certain obligations to

protect the workers and to secure for thememployment in conditions conductive to theirhealth and safety.


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IMPORTANT TERMS:

"adult" means a person who hascompleted his eighteenth year ofage

"adolescent" means a person, whohas completed his fifteenth year ofage but has not completed his

eighteenth year ;

"child" means a person who has not

completed his fifteenth year of age ;


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"factory" means any premises includingthe precincts thereof:

(i) wherein ten or more workers areworking, or were working on any day ofthe preceding twelve months, and in anypart of which a manufacturing process isbeing carried on with the aid of power,or is ordinarily so carried on, or

(ii) wherein twenty or more workers areworking, or were working on any day of

the preceding twelve months, and inpart of which a manufacturing process isbeing carried on without the aid ofpower, or is ordinarily so carried on.


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"occupier" of a factory means a person, who hasultimate control over the affairs of the factory:

Proprietorship - Proprietor

Partnership - One of the partner

Company - One of the director

State or Central - Persons so nominated

by Government owned respective

governments


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"power" means electrical energy, or any other form ofenergy, which is mechanically transmitted and is notgenerated, by human or animal agency;

"prime-mover" means any engine, motor or otherappliance, which generates or otherwise providespower;

"worker" means a person [employed directly or by orthrough any agency (including a contractor)with orwithout the knowledge of the principal employerwhether for remuneration or not] in any manufacturingprocess, or in cleaning any part of the machinery orpremises used for a manufacturing process, or in anyother kind of work incidental to, or connected with themanufacturing process, or the subject of themanufacturing process [but does not include anymember of the armed forces of the Union];


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OVERVIEW OF THEFACTORIES ACT, 1948. The Factories Act, 1948 consists of 12

chapters, 139 sections and 3 schedules.The 11 chapters basically are Chapter 1- Preliminary (1-7) Chapter 2- The inspecting Staff (8-10) Chapter 3- Health (11-20) Chapter 4- Safety (21-41)

Chapter 4A- Provisions Related toHazardous Processes (41A-41H) Chapter 5- Welfare (42-50)


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OVERVIEW OF THEFACTORIES ACT, 1948. cont. Chapter 6- Working Hours for Adults (51-66) Chapter 7- Employment of Young Persons (67-

77) Chapter 8- Annual Leave with wages (78-84)

Chapter 9- Special Provisions (85-91) Chapter 10- Penalties and Provisions (92-106) Chapter 11- Supplemental (107-120)The 3 schedules are

The First Schedule: List of Industries involvinghazardous processes

The Second Schedule: Permissible levels ofcertain chemical substances in work environment

The Third Schedule: List of notifiable diseases


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SECTION 101

Exemption of occupier or manager fromliability in certain cases.

Where the occupier or manager of afactory is charged with an offence

punishable under this Act, he shall beentitled, upon complaint duly made byhim and on giving to the prosecutor notless than three clear days' notice in

writing of his intention so to do, to haveany other person whom he charges asthe actual offender brought before theCourt at the time appointed for hearingthe charge.


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If, after the commission of the offence has beenproved, the occupier or manager of the factory,as the case may be, proves to the satisfaction

of the Court

(a) that he has used due diligence to enforcethe execution of this Act, and

(b) that the said other person committed theoffence in question without his knowledge,consent or connivance, that other person shallbe convicted of the offence and shall be liableto the like punishment as if he were theoccupier or manager of the factory, and theoccupier or manager, as the case may be, shallbe discharged from any liability under this Act in

respect of such offence.


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CASE IN POINT

J.K. Industries Limited vs TheChief Inspector Of Factories

Date: on 25 September, 1996


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J. K. Industries Ltd case, the Supreme Courtheld that in the scheme of Sec. 101 - that theoccupier or manager should be relieved fromliability only if the actual offender could bebrought to court - the presence of the actualoffender, on whom the burden has beenshifted by the occupier or the manager, would

be necessary at the time of trial; A period of three months has been prescribed

by the legislature within which the actualoffender should ordinarily be brought before

the court by the process of law. If that cannotbe done, the trial against the occupier or themanager, as the case may be, cannot beallowed to be protracted indefinitely and it is

difficult to see how any fault can be found withthis rovision.


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CASE IN POINT

Tata Iron And SteelCompany

Date: 10th January, 1997


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TISCO MD CASE

The incident occurred on 10th Jan1997, when Dr. Irani was in Mumbai.

Dr. Irani the only JMD of Tata Steel

along with Mr. Modi as MD Dr Irani nominated as the occupier.

He was convicted under section 92 of

Bihar Factories act, 1948. Violated the provisions under rule

55(A) of Bihars Factory Act.


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TISCO CASE cont.

Case filed by Factory inspector SBJha in connection with accidentaldeath inside the factory of TISCO,

worker Ashok. 2 years imprisonment and fine of Rs.

100000 was the decision of the court.

Couldnt avail exemption undersection 101.


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The brief fact of the case is that on10.1.1997 an accident took place in the

premises of the Factory of TATA STEELin which a worker of contractor namelyAshok died of being crushed by thewater tanker. The matter was informed to

the Factory Inspector/Complainant andpursuant to that he O.P. No. 2 herein,visited the factory, inspected the place ofoccurrence and initiated an enquiry. It

was communicated to the O.P. No. 2 thatM/s Laxmi Construction was given thework of transporting water in the tankerwithin the factory premises.


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. On 10.1997 a temporary driver of daily wagewas engaged without having experience ofdriving in the factory premises and he had noknowledge "of the speed limit and other Rules.Moreover, there was no caution at the turningpoint including breaker, light signal etc. It isalleged since there was turning at the angle of90 degree, the said driver Rajendra Prasad

could not control the tanker which was runningat the speed of 35 k.m/h.r., could not slowdown the tanker. The said tanker dashedagainst the wall as a result of which the cabinof the tanker caved in and he was crushed to

death on account of being pressed by the bodyof tanker. It was alleged that the managementof TISCO Ltd. and the partners of M/s LaxmiConstructions were responsible for suchaccident and there was a breach of Rules

62(5)(c) and 55 (A)(2) of the Bihar FactoriesRules which is unishable under Section 92 of


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THANKS

labor law factories act 1948

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