Académique Documents
Professionnel Documents
Culture Documents
1948.
- G Ojha
Objective.
The objective is to protect workers from
physical strain & also to provide healthy &
sanitary conditions of work. It also emphasizes
safety for the prevention of accidents.
Factory.
Factory means
thereof :-
any
premises
including
precincts
Manufacturing Process.
This has been defined as any process of Making,
Altering, Ornamenting, Finishing, Packing, Oiling,
Washing, Cleaning, Breaking up, Demolishing or
otherwise treating or adopting any article or substance
with a view to its use, Sale , Transport, Delivery or
Disposal.
many other processes are also included in
the manufacturing process.
Bidi making was held to be a manufacturing process in
State of Bombay Vs. Ali Saheb Kashim Tamboli (1995)
2 LLJ 182.
Making salt from sea water by the process of
Worker.
A Worker is a Person :1. Who is employed.
2. Either directly or through any agency.
3. Who is employed in any manufacturing process, or in
cleaning any part of the machinery or premises used
for manufacturing process or in any other kind of
work
incidental to or connected with the
manufacturing
process
or
subject
of
the
manufacturing process.
4. If (1) to (3) above are fulfilled then it is immaterial
whether a person is employed for remuneration or
Occupier.
He is a peson who has the ultimate control over the
affairs of a factory.
He is responsible for getting the premises approved
before the factory is established.
In case of a company, any one of the directors shall be
deemed to be the occupier.
As per Factories (Amendment) Act, 1987 the occupier
has been mode responsible for providing information,
instruction, training & supervision to ensure health &
safety of all workers. The occupier is also responsible
for monitoring of work environment so that no risk is
caused .
He is also responsible for registration,
obtaining/renewing license.
Inspection I.
For enforcing the Acts provisions, the State Govt. is
empowered to appoint Inspectors, having prescribed
qualifications, through notification. They may be
assigned such local limits as the State Govt. may
think fit.
(1) Chief Inspector (2) Addl. Chief Inspectors (3) Jr.
Chief Inspectors, (4)Dy. Chief Inspectors , (5)
Inspectors & Addl. Inspectors .
No Inspector can be appointed or will continue to
hold office if he becomes directly or indirectly
interested in a factory or in a process/business
carried in the factory or in any patent or machinery
connected therewith.
Inspection II.
All Inspectors shall be deemed to be a public servant
within meaning of the IPC, 1860.
Section 9 of the Act gives details of powers to
inpectors.
Inspectors have to carry out their duties under section
9 (B )& (C).
They have to ensure that statutory provisions & rules
are carried out properly.
They have to launch prosecutions against factory
owners under the provision of chapter 10 of the Act.
Certifying Surgeons.
Section 10 empowers the State Govt. to appoint
qualified medical practitioners as Certifying Surgeons
for the purpose of the Act. These surgeons are
appointed to discharge duties within the local limits
placed under their control or for such factory or class
of factories as may be assigned to them.
Health.
Section 11 to 20 of the Act deal with Health.
These provide for the following :Cleanliness, Disposal of Wastes & Effluents,
Ventilation & Temperature, Dust & Fume, Artificial
Humidification, Overcrowding, Lighting, Drinking
Water, Conservancy Arrangements, Spittoons.
Safety.
The Act specifies safety measures & precaution in
respect of the following :Fencing of Machinery, Work on or near
Machinery in motion, Employment of young persons
on Dangerous Machine, Striking Gear and Devices for
cutting off Power, Self- acting machines , Casing of
new Machinery, Prohibition of Employment of women
& children
near Cotton openers, Hoists & Lifts,
Revolving Machinery, Pressure Plant, Pit sump &
opening in Floors, Dangerous Fumes & Gases, use of
portable Electric Light, Explosive or inflammable
material, fire Precautions, Building & Machinery Safety
Safety Officer.
The Act provides for appointment of Safety Officers in
factory employing 1000 or more workers.
They may also be appointed where in a manufacturing
process or operation there is risk of bodily injury,
poisoning, disease or any other hazard to health of
factory workers.
Welfare.
Several welfare measures have been provided in the
Act. Some of these are as follows : Washing and Sitting facilities; First Aid
Appliances and Ambulance Room; Canteen; Rest
Room, Lunch Room; Crche; Appointment of Welfare
Officers etc.
Questions.
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