power of inspector under factories actpower of inspector under factories act

. . Hoists and lifts used for carrying persons. . . 167. . . . . . . 239 (5)]. TOS4. . . . . . . 4052.. . Finally, the Factories Act, 1948 was passed by the constituent assembly on August 28, 1948, and it came into force on April 1, 1949. 1. . . . . . We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. . Advanced Search (including Welsh legislation in Welsh language). . 133. . Such powers may be exercised even without giving any notice to the company or any officer of the company. local limits for which he is appointed,--. . . . . . 23. This term has a wider meaning than that for employer in the 2005 Act and means the person under whose direction and control the activities at that place are being conducted, or the person whom the inspector has reasonable grounds for believing is in control of that place. (1) This Act may be called the Factories Act, 1948. . Section 1. other public authority, 1[or with an expert] as he thinks fit, any place which is used, or which he has . . . Further, the State Government needs to give a notification in the Official Gazette and may assign to the inspectors such . . 8. public emergency. . . . 181. . . . . . . . But opting out of some of these cookies may affect your browsing experience. Exemptions from provisions regulating hours of employment. . . In 1891 another factories Act was passed which extended to the factories employing 50 or more workers. . From monologue to dialogue - Scaffolding multi-perspective and co-constructed Business Ethics Corporations are clearly legal They can enter.docx, An expository essay Premium Paper Help.docx. . Please visit our Cookie Policy page for more information on how we use cookies. . 9. . (a) Shall forward a copy of any report made by the inspectors to the company at its registered office, and also to anybody corporate dealt with in the report; (b) May, if it thinks fit, furnish a copy thereof, on request and on payment of the prescribed fee, to any person : (i) Who is a member of the company or other body corporate dealt with in the report; and. indirectly interested in a factory or in any process or business carried on therein or in any patent or . . . . 174. The inspector is required to make a report to the Central Government on the completion of his work. . . Privacy Policy3. . . We, Aparajitha, Indias best compliance management company with GRC framework offers Factory Compliance Services that includes the client required knowledge base and designs technology-driven systems and processes for completion of clerical activities to ensure compliance on a routine basis, thus freeing the client to focus on development and IR climate. 6. . . . . . Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. . . . . . . . . The inspector appointed by the Central Government has the power, if considers necessary for the performance of his duties, to investigate into the affairs of any other body corporate which is, or has at any relevant time been: (a) The companys subsidiary or holding company or a subsidiary of its holding company; (b) Managed by any person as managing director or as manager, or who is, or was at the relevant time either the managing director or manager of the company; Image Source: d3q49wayiwmron.cloudfront.net. . References to time of day. . Proceedings for offences in respect of the employment of children. . . . . . 1[4. Steam boilersmaintenance, examination and use. . 240). . . 130.. . . . The act has been amended several times on multiple occasions. Share Your Essays.com is the home of thousands of essays published by experts like you! . . It provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. The information that may be required extends to any article, substance, work activity, installation or procedure and a person can be summoned by written notice at a specified time and place to give such information or produce records required by the Inspector. . . . . . . for such examination; (i) exercise such other powers as may be prescribed. direct it to be dismantled or subject it to any process or test (but not so as to damage or destroy it . . . Not less than Rs.5000 in case of serious injuries. Power of county court or sheriff to modify agreements. . 5355.. . . . . . Procedure For Inspection: The Government of Tripura hereby decided to bring more transparency in the inspection procedures of factories by introducing Computerised Systems of Risk Assessment based Inspections with random allocation of Inspecting Officers. . . Subs. . Proceedings against persons not primarily liable. . . Require the removal of a chemical from the market by the person who places the chemical on the market. The first date in the timeline will usually be the earliest date when the provision came into force. . . . thinks fit to assist the Chief Inspector and to exercise such of the powers of the Chief Inspector as may be The cookie is used to store the user consent for the cookies in the category "Other. Section 2. 156. LEARNING OBJECTIVES . 134.. . . . . . They can also arrange for any testing, examination or analysis to be carried out at that place of work, or any other place they specify, of any substance or article at the place of work and they can also require that any articles or substances or samples of them are supplied without charge. . . . . These cookies track visitors across websites and collect information to provide customized ads. Provisions as to special regulations. . Our website uses cookies to enhance your browsing experience and to collect information about how you use this site to improve our service to you. . 9, 10.. . . . . the purposes of this Act), and take possession of any such article or substance Inspector under the Payment of Wages Act, 1936 Appointment of an Inspector. . where they have a smooth impervious surface, at least once in every period of fourteen months be washed with hot water and soap or other suitable detergent or cleaned by other suitable method; where they are kept painted in a prescribed manner or varnished, be repainted in a prescribed manner or revarnished at such intervals of not more than seven years as may be prescribed, and shall at least once in every period of fourteen months be washed with hot water and soap or other suitable detergent or cleaned by other suitable method; in all other cases, be kept whitewashed or colourwashed and the whitewashing or colour washing shall be repeated at least once in every period of fourteen months.. . . . . Precautions as respects water-sealed gasholders. . Ins. . . . Penalty on person actually committing an offence for which other person is primarily liable. . Ministry: Ministry of Labour and Employment. . otherwise statements of any person which he may consider necessary for such . . . . . . Fines for offences for which no express penalty provided. . 9 Powers of Inspectors. . . . . . . . Subsequent contravention of some provisions Imprisonment upto 3 years or fine not less than Rs.10, 000 which may extend to Rs.2, 00,000. . . . 4. . . . . . . . 66.. . . . . . Power of inspector to require certificate of fitness for work. . . . . 162. . for ADR Road Transport Inspections. 3. 1-12-1987 ). 6 of Factories Act, 1948 r/w Rule 3 of 1950, 6(1) of . . . . . . . . . Ins. . . . General application of this Act 2. . . . . 169. . servant within the meaning of the Indian Penal Code (45 of 1860), and shall be officially subordinate to Short title, commencement and extent. Exemptions from provisions regulating hours of employment. . (7) . 112116.. . . (b) "Inspector" means the Inspector of Lifts appointed under Section 3; (c) "lift" means a hoisting mechanism designed to carry passengers or goods or both and equipped with a car which move in a substantial vertical direction and is worked by power, but does not include a hoist or lift to which the Factories Act, 1948 (Central . For contravention of the provisions of Sec.41B, 41C and 41H pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work imminent danger. . . . . . . . he may make regulations requiring such reasonable arrangements to be made for the medical supervision (not including medical treatment other than first-aid treatment and medical treatment of a preventive character) of the persons, or any class of the persons, employed at that factory or class or description of factory as may be specified in the regulations., (2) Where the Minister proposes to exercise his powers under this section in relation to a particular factory and for a limited period, he may exercise those powers by order instead of by regulations, and any such order shall, subject to subsection (3), cease to have effect at the expiration of such period as may be specified in the order., (3) The Minister may by subsequent order or orders extend the said period, but if the occupier of the factory by notice in writing to him objects to any such extension, the original order shall cease to have effect as from one month after the service of the notice, without prejudice to the making of regulations in relation to the factory., Source: http://www.unilus.ac.zm/Lecturer/Resources/BSPH311-FPD-2-2016-1.doc, Web site to visit: http://www.unilus.ac.zm, Author of the text: indicated on the source document of the above text, If you are the author of the text above and you not agree to share your knowledge for teaching, research, scholarship (for fair use as indicated in the United States copyrigh low) please send us an e-mail and we will remove your text quickly. . . Exceptions and provisions supplementary to ss. . . . . (i) cases of illness have occurred which he has reason to believe may be due to the nature of a process or other conditions of work; or The need to have employees involved is not required here. . . Exceptions as to steam boilers, steam receivers and containers, and air receivers. . (1) Subject to sub-paragraph (2) of this paragraph, a factory 5.In the case of any factory constructed or converted for 6.Where, before the coming into operation of the First Schedule 7.Any order made under Regulation 59 of the Defence (General) 8.The mention of particular matters in this Schedule shall be Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. . . . . . . . . . . . (2B) Every Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every other . . within the local limits for which he is appointed,-. . section to answer any question or give any evidence tending to incriminate . Power to declare different departments to be separate factories or two or more factories to be a single factory. . . . Precautions as respects water-sealed gasholders. . . 146, 147.. . . . . Subject to any rules made in this behalf, an Inspector may, within local limits for which he is appointed,-enter with such assistants, being persons in the service of the Government, or any local or other public authority 39 [or with an expert], as he thinks fit, any place which is used, or which he has reason to believe is used as a factory; . . By clicking Accept, you consent to the use of ALL the cookies. Prohibition of home work in places where there is infectious disease. . . necessary for such inquiry; (d) require the production of any prescribed register or any other document relating to the factory; (e) seize, or take copies of, any register, record or other document or any portion thereof, as he Imprisonment of 10 years when contravention continues for one year. (3) No person shall be appointed under sub-section (1), sub-section (2) inquiry; (d) require the production of any prescribed register or any . . the government, or any local or other public authority, 4[or with an . . . . Obstructing Inspectors Imprisonment upto 6 months or fine upto Rs.10, 000 or both. . . Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. . . . 26-10-1976). . be prescribed:]. Imprisonment upto 7 years with fine upto Rs.2, 00,000 and on continuation fine @ Rs.5, 000 per day. 85.. . . . . 92 of Factories Act, 1948 r/w Rule 4.violating Sec. Lets have a look at statutory laws under the Indian Factories Act, 1948, Approval, Licensing and Registration on Factories, General Duties of Manufacturers as per the articles, Employment of young persons on dangerous machines, Striking gear/devices for cutting off power, Prohibition of employment of women and children near cotton openers, Lifting machines, ropes, chains or lifting tackles, Precaution against dangerous gas, fumes, etc, Precaution for the usage of the portable electric lights, Power to required specifications of defective parts, Safety of buildings or pieces of machinery, Power to make rules to supplement this fourth chapter, Constitution of Site appraisal committees, Compulsory disclosure of information by the occupier, Specific responsibility of occupier during hazardous moments, Power of Central Government to appoint the Inquiry Committee, Permissible limits of exposure of chemical and toxic substances, Workers participation in safety management, Rights of workers to warn about an imminent danger, Hours of work corresponding with notices/registers, Further restriction on employment of women, Effect of fitness certificate granted to adolescent, Power to prohibit employment on account of serious hazards, Power to direct inquiry into cases of accidents or diseases, Enhanced penalty after previous convictions, Penalty for wrongfully disclosed analysis reports, Penalty for permitting double employment of child, Jurisdiction of court for proceedings for an offence, Application of act to government factories, As per the Indian Factories Act 1948, every factory should ensure with the following checklist. . Part IV Health, Safety and Welfare (Special Provisions and Regulations). . . . . . Part VII Special Applications and Extensions. (2) The State Government may, by notification in the Official Gazette, appoint any person to be a Chief Inspector who shall, in addition to the powers conferred on a Chief Inspector under this Act, exercise the powers of an Inspector throughout the State. The information of medicine and health contained in the site are of a general nature and purpose which is purely informative and for this reason may not replace in any case, the council of a doctor or a qualified entity legally to the profession. . . . in exercise of the powers conferred on me under Section 2 (ca) of the Factories Act . (c) Managed by the company or whose board of directors comprises of nominees of the company or is accustomed to act in accordance with the directions of the company, or any of the directors of the company (Sec. . officer appointed under sub-section (2A) shall, in addition to the powers of a Chief Inspector specified in (a) enter, with such assistants, being persons in the service of Analytical cookies are used to understand how visitors interact with the website. believe is used, as a factory; 28 [(b) make examination of the premises, plant, machinery, This website includes study notes, research papers, essays, articles and other allied information submitted by visitors like YOU. . . . THE FACTORIES ACT, 1948. . . . . . . Aparajitha is truly a Pan-India services provider that expertise in labour law compliance and statutory compliance in HR. . . . . thinks fit to be additional Inspectors for all or any of the purposes of this Act, within such local limits as it . . . Prohibition of disclosure of information, 154A.Exception to the prohibition: public authorities, Part XII Offences, Penalties and Legal Proceedings. . Lists of outworkers to be kept in certain trades. All information, software, services, and comments provided on this site are for informational and self-help purposes only and are not intended to be a substitute for professional legal advice. Without prejudice to the generality of subsection (1), the number of persons employed at a time in any workroom shall not be such that the amount of cubic space allowed for each is less than twelve cubic metres., In calculating for the purposes of this section the amount of cubic space in any room, no space more than four metres from the floor shall be taken into account and, where a room contains a gallery, the gallery shall be treated for the purposes of this section as if it were partitioned off from the remainder of the room and formed a separate room. inquire into any accident or dangerous occurrence, whether resulting in bodily injury, disability or not,and take on the spot or otherwise statements of any person which he may consider necessary for such inquiry; require the production of any prescribed register, record or other docu- ment relating to the factory; seize, or take copies of, any register, record or other document or any portion thereof, as he may consider necessary in respect of any offence under this Act, which he has reason to believe, has been committed; direct the occupier that any premises or any part thereof,or anything therein, shall be left undisturbed (whether generally or in particular respects) for so long as is necessary for the purpose of any examination under clause (b); take measurements and photographs and make such recordings as he considers necessary for the purpose of any examination under clause (b), taking with him any necessary instrument or equipment; in case of any article or substance which appears to him as having caused or is likely to cause danger to the health or safety of the workers, direct t it to be dismantled or subject it to any process or test (but not so as to damage or destroy it unless the same is, in the circumstances necessary, for carrying out the purposes of this Act), and take possession of any such article or substance or a part thereof, and detain it for so long as is necessary for such examination; exercise such other powers as may be prescribed]. 3. Prohibition of employment of women after childbirth. . (1) An inspector shall, for that purpose of the execution of this Act, may power the do all either any of aforementioned following stuff, is is to say: (a) to start, inspect, and research at all reasonable periods, by day and knight, a factories, and every part thereof, when his has reasonable cause to believe which any person is employed therein, or to enter by . . . . . . . . . . Powers of Inspectors. . This act has also been amended from time to time appropriately. (d) to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act are complied with in respect of any factory and of any persons employed therein; . Steam boilersmaintenance, examination and use. . . . (c) Shall furnish a copy of the report to the applicants on whose request the inspectors are appointed for the investigation; (d) Shall furnish a copy of the report to the Court, where the inspectors are appointed in pursuance of an order of the Court; (e) Shall furnish a copy of the report to the Company Law Board (Tribunal) where the inspectors are appointed on the behest of the Company Law Board (Tribunal); (f) May also cause the report to be published. . 21. Prohibition of employment of women and young persons in certain processes connected with lead manufacture. . . . . . 16. the purpose of any examination under clause (b), taking with him any necessary instrument or Subs. . . . . . . . 163. . For further information see the Editorial Practice Guide and Glossary under Help. Objectives Total implementation of the provisions of The Factories Act,1948 and The Assam Factories Rules,1950 and other Acts & Rules applicable in the factories of the State of Assam through regular inspection at least once in a year and to generate awareness towards safety among the factory workers and management. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. . . All content is available under the Open Government Licence v3.0 except where otherwise stated. . Inspector and Power of Inspectors. . The persons or companies, whose affairs are so investigated, shall have to furnish information and to produce before him all books, papers and all relevant documentary evidence in their possession. (2) The State Government may, by notification in the Official Gazette, appoint any person to be a This cookie is set by GDPR Cookie Consent plugin. . . . . Power of county court or sheriff to apportion expenses. . . . . . . . . . . . . . . . . . This cookie is set by GDPR Cookie Consent plugin. Hence, the factory compliance audit is conducted in factories to regulate the safety, health, licensing, working hours, annual leave, minimum wages, and so on. . . They can also remove and retain any article or substance required for examination, or to ensure it is not tampered with or to ensure it is available for use as evidence in any proceedings. . . Use of this site is subject to our. . . . examination of any person examination of premises powers to seize powers to arrest Show more. Inspectors can require any article or substance at the place of work that they consider to be or have been a risk to safety or health to be dismantled or subjected to any process or test. . . . . . THE FACTORIES ACT, 1948. Our mission is to provide an online platform to help students to discuss anything and everything about Essay. 61. . . Employment of women and young persons in places other than factories in processes connected with lead manufacture or involving the use of lead compounds. . . . . For this purpose, it is always better to hire the compliance firm for your entire factory compliance. . 7-A. . . . Managed by the company or whose board of directors comprises of nominees of the company or is accustomed to act in . Know about: History of Factories Act, 1948; Important provisions in Fabrics Deed, 1948; Duties of various authorities under Factories Act 6. . . . . After having worked through this study unit, students are expected to: 7. Inspectors shall, for the purposes of the Act, have powers- . (a) enter, with such assistants, being persons in the service of the Government, or any local or other public authority, 1 [or with an expert] as he thinks fit, any place which is . . Enforcement Date: 01-04-1949. . . . . . In exercise of the powers conferred by section 112 of the Factories Act, 1948 (LXIII of 1948), the Government of Rajasthan is pleased to make the following Rules, namely: . . . . himself. . . . . . . . 4. . . . . . THE FACTORIES ACT, 1948. . In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). . An Inspector can use some or all of these powers during the course of an inspection. Up to the year 1983, implementation and enforcement of The Factories Act, 1948 and The Boilers Act, 1923 was carried out by the Factory Inspector functioning under the authority of Commissioner, Labour, and Employment, Government of Goa, Daman, and Diu. Teagle openings and similar doorways. . Provisions as to county and district councils. Similar powers are also granted to inspectors under Section 12 of the Chemicals Act 2008, the Dangerous . . (a) to enter, inspect and examine, by day and night, any factory, and every part thereof, when he has reasonable cause to believe that any person is employed therein, and to enter, inspect and examine by day any place which he has reasonable cause to believe to be a factory and any part of any building of which a factory forms part and in which he has reasonable cause to believe that explosive or highly inflammable materials are stored or used; disability or not, and take on the spot or otherwise statements of any person which he may consider . . OBSTRUCTION OF FACTORY INSPECTORS AS AN OFFENCE . Any person who obstructs an inspector shall be guilty of an offence and liable on conviction to a fine not exceeding three hundred penalty units or to imprisonment for a period not exceeding one month. . . 9. . . . . Prohibition of employment of women after childbirth. . . Licensee shall provide Lilly with the results of any such review, audit or inspection. On her admission, the trial convicted the accused under Ss. 9. . . . . . The Powers of the Inspectors appointed by the Central Government to investigate into the affairs of the company are as follows: 1. . . . 110111.. . . . . . . . an office or database where he/she can check records on chemicals. Proceedings against persons not primarily liable. . . . . . (a) enter, with such assistants, being persons in the service of the Government, or any local or . . expert] as he thinks fit, any place which is used, or which he has reason to . This website uses cookies to improve your experience while you navigate through the website. may consider necessary in respect of any offence under this Act, which he has reason to believe, has . . . . . . . . Made in with India, Internet and Lots of Courtroom Dramas, Lawgist is not a law firm and does not engage in the practice of law or provide legal advice or legal representation. . whom the prescribed notices are to be sent. He shall keep the seized documents and papers in his custody for a period not later than the conclusion of the investigation and shall return them thereafter to the person from whose possession these were seized (Sec. . . . . 159.. . . . . . . . . . . . Tenement factoriesother provisions. . . . . . Please check the Safety, Health and Welfare at Work Act 2005 and the Chemicals Act 2008 for further information. . Duty of factory occupier to give notice of employment of a young person. . (1) The Board may confirm, vary or reverse the decision of the Commissioner with which the appeal is concerned., (2) The Board shall not make any order as to costs unless it considers the decision of the Commissioner to have been unreasonable or the grounds of appeal to have been frivolous. , (3) Any decision by the Board under this Part shall be final and shall not be challenged in any proceedings whatsoever., HEALTH: GENERAL PROVISIONS, (1) Every factory shall be kept in a clean state, and free from effluvia arising from any drain, sanitary convenience or nuisance., (2) Without prejudice to the generality of subsection (1)-, (3) Where it appears to the Commissioner that in any factory or class or description of factory or parts thereof any of the foregoing provisions of this section are by reason of special circumstances inappropriate or unnecessary, he may, if he thinks fit, by order direct that those provisions shall not apply to that factory or to factories or parts of factories of that class or description, or shall apply as varied in the order., Overcrowding . 127. . . . . . . Short Title: The Factories Act, 1948. . . 8694.. . . . . . (h) to exercise such other powers as may be necessary for carrying this Act into effect. . Every person who on the commencement of the Act occupied a factory was within three months required thereafter to apply to the Commissioner, by written notice containing the particulars prescribed under section eleven, for the registration of the factory. By not accepting cookies some elements of the site, such as video, will not work. . . . 5. applicable to factories to certain other places. . Household Chemicals SPHE Presentation, 'What's Under the Sink?' exercise the powers of an Inspector throughout the State. . . . . Download our fully-offline, High speed android app.- Click here. . . Certifying . . 185. . All the information in our site are given for nonprofit educational purposes, the Commissioner shall be a party to the proceedings;, any party to the proceedings may appear in person or by counsel or any agent thereunto authorised by him in writing., accumulations of dirt and refuse shall be removed daily from the floors and benches of workrooms, and from the staircases and passages;, the floor of every workroom shall be cleaned at least once in every week by washing or, if it is effective and suitable, by sweeping or other method;. where any process is carried on in circumstances which render the floor liable to be wet to such an extent that the fluid is capable of being removed by drainage, effective means shall be provided and maintained for draining off the fluid; all inside walls and partitions, and all ceilings or tops of rooms, and all walls, sides and tops of passages and staircases shall-. . Powers of Inspectors- Section 9 of the Factories Act,1948 enumerates the powers of Inspectors within the local limits- The Inspector may enter any place of the factory or where he believes that the place is used as a factory under the definition of the factory. . . Steam receivers and steam containers. . . . The texts are the property of their respective authors and we thank them for giving us the opportunity to share for free to students, teachers and users of the Web their texts will used only for illustrative educational and scientific purposes only. . Require the safe disposal of a chemical which prevents it being marketed. . Power to exempt during public emergency. . Restriction on approval of plans for cotton cloth factories. Provided that this subsection shall not affect the whitewashing or shading of windows and skylights for the purpose of mitigating glare or heat. Sufficient and suitable sanitary conveniences for the persons employed in the factory shall be provided, maintained and kept clean, and effective provision shall be made for lighting the conveniences and, where persons of both sexes are or are intended to be employed, the conveniences shall afford proper separate accommodation for each sex. The provisions of section twenty-three shall, in such areas of Zambia as the Minister may by order direct, be enforced by such local authority as may be specified in such order. Where an inspector finds any act or default in relation to any drain, sanitary convenience, water supply, nuisance or other matter in a factory which is liable to be dealt with by a local authority by reason of any order made under section twenty-four or under any written law relating to public health, he shall give notice thereof in writing to the local authority. Where it appears to the Minister-, (a) that in any factory or class or description of factory-