Analysis of R V Kelkar's Criminal Procedure Code ppt- chapter 1 .pptx
The Factories Act 1948
1. Presents by
Mr. Nilesh Utpure
Under the guidance of
Prof. Bidkar J. S.
Sharadchandra Pawar College of Pharmacy
(otur) Pune-412409
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2. To consolidate & amend the law regulating
labor in factories
Extends to whole of India
1st April 1948
Regulate health, safety, welfare,
employment, leaves, wages ,penalties of
workers etc.
It describes some interpretations like
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3. Adult- Completed 18 years of age
Adolescent- Age between 15 to 18 years
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4. Child- Not completed 15 years of age
Calendar year- Period of 12 months beginning
with 1st Jan of any year
Day- Period of 24hrs. beginning at midnight
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5. Power- Electrical energy or any other form of
energy mechanically transmitted and not
generated by human / animal
Factory- Whereon 10 or more/20 or more
workers work on any day of 12 months
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6. Approval, licensing & registration of factories
The submission of plans of any class/description
to chief Inspector/state govt.
For the purpose of considering application for
permission
Nature of plan & specification & by whom they
shall be certified
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7. Notice by occupier
Name & situation of factory
Name & address of occupier
Address of communication relating factory
Nature of manufacturing process
Name of manager of factory
Number of workers in factory
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8. Inspector
A person who possess the prescribed qualification
Appointed by state government by notification in
official gazette for the local
limits
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9. Powers of inspector
Enter, with such assistants, being person in the
service of the govt., or any local/other public
authority as he think fit, any place which is used,
or which he has reason to believe is used, as a
factory
Examination of premises, plant, machinery,
article or sample
Inquiry of any accidental/dangerous occurrence
Ask for any register, record or document
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10. Certifying surgeons
A qualified medical practitioner appointed by
state govt.
Duties
i. Examination & certification of young persons
ii. Examination of persons engaged in factories
iii. Medical supervision as may be prescribed for
any factory
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11. Weekly hours: Not required/allowed more
than 48 hrs. in any week
Weekly holidays: Not required/allowed to
work on first day of the week
Daily hours: No adult worker
required/allowed to work more than 9 hrs. in
any day
Intervals for rest: No worker shall work for
more than 5 hrs. before he had an interval of
½ hr.
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12. Extra wages for overtime:
When worker works more than 9 hrs. in day or 48
hrs. in week he get ordinary rate
The rate is twice than the ordinary rates of
wages for OT
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13. Prohibition of employment of children's:
Under 14 are not allowed
Restricted by government
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14. Non-adult workers to carry tokens:
A child completed 14 years of age not allowed to
work unless-
A certificate of fitness granted with reference to
him under sec.69 is in the custody of the manager
of the factory
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15. Register of child workers:
The manager should maintain the register of
child worker, which include
a. Name of child worker
b. Nature of work
c. No. of his certificate of fitness granted under
sec.69
d. The group, if any, in which he is included
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16. Adult :-
1 day for every 20
days of work
performed by him
during the previous
calendar year
Child
1 day for every 15
days of work
performed by him
during the previous
calendar year
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17. General penalty for offences
The occupier & manager of the factory shall each
be guilty of an offence & punishable with
imprisonment for a term which may extend to 2
yrs./fine which may extend to 1,00,000/-
Rs./both
1000/-Rs. per day for continuing contravention
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18. Penalty for obstructing inspector:
If fails to produce on demand of Inspector any
register or other document in his custody kept in
pursuance of this Act, shall be punishable with
imprisonment for a term which may be extend to
6 months or fine which may extend to 10,000/-
Rs. or with both.
Penalty for wrongfully disclosing results of
analysis under sec.91 is same as for obstructing
Inspector.
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19. Penalty for offence by worker:
If contravenes any provision of this act shall be
punishable with fine which may extend to 500/-
Rs.
Penalty for using false certificate of fitness
Imprisonment up to 2 months or fine up to
1000/-Rs. or both
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20. Cognizance of offence:
No court shall take cognizance of offence under
this Act except on complaint by, or with the
previous sanction in writing of, an Inspector.
No court below that of a Presidency Magistrate or
of the first class shall try any offence punishable
under this Act.
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