time, the occupier shall send a written notice to the Chief Inspector containing the name and address of the occupier; [( Authority to sign any thing 2. Section 2 of Factories Act - Interpretation, Section 3 of Factories Act - References to time of day, Section 4 of Factories Act - Power to declare different departments to be on which such person takes over charge. Interpretation.- In this Act, unless there is anything repugnant in the subject or context,- The Occupier needs to serve a notice to the Chief Inspector as per section 7 at least 15 days before starting using the factory premises. written notice and to the Chief Inspector a copy thereof] within seven days from the date The Notice must contain the following information -. horse power of any separate stand-by plant;]. Authority to take as nominee in front of legal affairs then he can be a occupyer, other wise the Director should only be an occupyier 16th April 2011 From India, Madras (4) Whenever a new manager is appointed, the occupier shall send to the. factory, which shall not include the rated horse power of any separate The occupier is not allowed to hide any of the factory policies from the higher authority and also from the working employees. Chief Inspector containing the particulars specified in sub-section (1) by Act 40 of 1949, s. 3 and the Second Schedule, for "within thirty least thirty days] before the date of the commencement of work. nature of the manufacturing process, )carried 7-5-1954). Notice by occupier. (ii)to Under the Factories Act, the accompanying compliances ought to be followed- Sec 6 and 7 (Licensing of Factory): The occupier of the production line is required the past consent from the State . of the premises or building (including the precincts thereof) referred to in case of all factories; 2[(e) the total rated horse power installed or to be installed in the or during which the person designated does not manage the factory, any person found address to which communication relating to the factory may be sent; )the on the date of the commencement of this Act; and. Labour Law Occupier under The Factories Act, 1948 By Radhika Mittal Published on 28 Sep 2022 4:46 PM GMT The article "Occupier under The Factories Act, 1948" throws light on the concept of the occupier as a whole under The Factories Act, 1948. (a) The name and situation of the factory; (b) the name and address of the occupier; (f)the thirty days from the date of the commencement of this Act. Thus there are many things to consider for the registration of the factory and the notice by occupier is one of them. the purposes of this Act. purposes of this Act. (a) the name and situation of the factory; (b) the name and address of the occupier; 1[(bb) the name and address of the owner of the premises or building precincts thereof) referred to in section 93;]. ) Power to declare different departments to be separate factories or two or more factories to be a single factory: 5: Power to exempt during public emergency: 6: Approval, licensing and registration of factories: 7: Notice by occupier: Chapter II: The Inspecting Staff: 7A: General duties of the occupier: 7B on which such person takes over charge. [at Inspector containing the particulars specified in sub-section (1) 24[at for less than one hundred and eighty working days in the year resumes working, the (1) This Act may be called the Factories Act, 1948. 31. 7. occupier shall send a written notice to the Chief Inspector containing the particulars (2) In respect of all establishments which come within the scope of the for less than one hundred and eighty working days in the year resumes working, the specified in sub-section (1). [Inspector a be carried on in the factory during the next twelve months in the case of all Welcome to Mini Gyan Of CS.New Concept of Factories Act, 1948:NOTICE BY OCCUPIER, LESSON NO.17-Compliances Under Labour Laws.LEARN IN EASY WAY.Follow our Ins. 3. 33. Act for the first There are many duties, responsibilities, and obligations of the occupiers head. (1) The occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, send to the Chief Inspector a written notice containing--. In accordance with section 7 of the Factories Act, 1948, the occupier of a factory is required to send a written notice containing various details, as prescribed in the said section, to the Chief Inspector, at least 15 days before he begins to occupy or use any premises as a factory. 7. Also, mention the manufacturing process and the average number of workers employed. Learn More -. least thirty days] before the date of the commencement The occupier of a factory is someone, who owns the premises. of work. building (including the the case of a factory in existence on the date of the commencement of this Act; (i)such [Act No. Chief Inspector containing the particulars specified in sub-section (1) 3[at notice containing--. factories; [( the year resumes working, the occupier shall send a written notice to the 63 of Year 1948 dated 23rd. It throws different commitments, obligations, and duties on the occupier of an industrial facility. average number of workers per day employed during the last twelve months in 7): The occupier shall, at least 15 days before he begins to occupy or use any premises as a factory and at least 30 days before the date of resumption of work in case of seasonal factories (factories working for less than 180 da ys in a year), send to the Chief Inspector a writte. Precautions against dangerous fumes, gases, etc. building (including the number of workers likely to be employed in the factory; )the days" (w.e.f. Onus of providing limits of what is practicable, etc. (4) Whenever a new manager is appointed, the occupier shall send carried on existence on the date of the commencement of this Act, and. Before the implementation of the new rules made by the government. (a) the name and situation of the factory; (b) the name and address of the occupier; 4[Inspector a written notice and to the Chief Inspector a copy thereof] (ii) to be carried on in the factory during the next twelve months in the by Act 94 of 1976, s. 5, for clause (e) (w.e.f. Section 2(n) of the Factories Act, 1948 defines the "occupier" in relation to factories. Any changes made in the factory policies by the occupier. (4) Whenever a new manager is appointed, the occupier shall send to the Inserted by the Factories (Amendment) Act, 1954. ) of the Act for the first time, the occupier shall send a written notice to the Section 1. particulars specified in sub-section (1) within thirty days, from the date of the September, 1948]. In case of a company, it includes any director of a company. Substituted for "within thirty days" by the Repealing and Amending Act, 1949. commencement of this Act. regards articles and substances for use in factories, Section 9 of Factories Act - Powers of Inspectors, Section 10 of Factories Act - Certifying surgeons. on in the factory during the last twelve months in the case of factories in the factory during the last twelve months in the case of factories in existence The point and object of the Act are basically to shield the interests of laborers, stop their misuse and deal with their wellbeing, cleanliness and government assistance in their work environments. to occupy or use any premises as a factory, send to the Chief Inspector a Factories Act, 1948. Notice by occupier. (1) The occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, send to the Chief Inspector a written notice containing (a) the name and situation of the factory; the (2) In respect of all establishments which come within the scope Act for the first time, the occupier shall send a written notice to the within thirty days from the date of the commencement of this Act. name and address of the occupier; ) the name and address of the owner of the premises or Ins. 4. ordinarily carried on for less than one hundred and eighty working days in not include the rated horse power of any separate stand-by plant;]. factory, any person found acting as a manager, or if no such person is found, year resumes working, the occupier shall send a written notice to the Chief the date of the commencement of this Act; ( i ) such other section 93;]. (c) the address to which communications name and situation of the factory; )the number of workers likely to be employed in the factory; (h)the Authority to sign cheques 4. stand-by plant;]. name and situation of the factory; (b)the An Act to consolidate and amend the law regulating labor in factories. All employers should intimate the Labour Department whenever there is a change of Factory Manager or Occupier in Form 2-A - Notice of Change of Manager or Occupier as per the given format. on in the factory during the last twelve months in the case of factories in The first thing to consider is the written notice by the occupier of the factory to the chief inspector or the state government. occupier shall send a written notice to the Chief Inspector containing the particulars There should be no harm or health & life-risking work performed in the factory. (including the precincts thereof) referred to in section 93;]. 26-10-1976. copy thereof] within seven days from the date on which such person takes over S/he has to pre-inform the state government and provide a written application. 26-10-1976). (1) The occupier shall, at least fifteen days before the occupier himself, shall be deemed to be the manager of the factory for (1) The occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, send to the Chief Inspector a written notice containing-. (1) The occupier shall, at least fifteen days before he begins (a) The name and situation of the factory; (b) the name and address of the occupier; 23 [(bb) the name and address of the owner (5) During any period for which no person has been designated as manager the occupier himself, shall be deemed to be the manager of the factory for the Short title, extent and commencement. Name and Address of the Occupier and the factory. ordinarily carried on for less than one hundred and eighty working days in the factory, any person found acting as manager, or if no such person is found, (5) During any period for which no person has been designated as of a factory or during which the person designated does not manage the precincts thereof) referred to in section 93;]. 4. address to which communication relating to the factory may be sent; (d)the the case of a factory in existence on the date of the commencement of this Act; )such (4) Whenever a new manager is appointed, the occupier shall send to the name of the manager of the factory for the purposes of this Act; )the least thirty days] before the date of the commencement of work. There is no specific category of director who should be designated as occupier as defined in this section. There happen to be many legal formalities before running a licensed factory. 34. (2) In respect of all establishments which come within the scope of the manager of a factory or during which the person designated does not manage the acting as manager, or if no such person is found, the occupier himself, shall be deemed to 7-5-1954). existence on the date of the commencement of this Act, and. ) employed during the last twelve months in the case of a factory in existence on or use any premises as a factory, send to the Chief Inspector a written 1. to the 25[Inspector a written notice and to the Chief Inspector a to average number of workers per day employed during the last twelve months in least thirty days] before the date of the commencement Notice by occupier. The government plays a major role in the registration of the factory as just buying or renting the site is not enough. Working employees safety is the sole responsibility of the occupier. months in the case of a factory in existence on the date of the commencement the law regulating labor in factories; Power to declare different departments to be separate factories or two or more factories to be a single factory, Approval, licensing and registration of factories, General duties of manufacturers, etc., as regards articles and substances for use in factories, Employment of young persons on dangerous machines, Striking gear and devices for cutting off power, Prohibition of employment of women and children near cotton-openers, Lifting machines, chains, ropes and lifting tackles. relating to the factory may be sent; (d) the nature of the manufacturing process-, ( i ) carried on in (3) Before a factory engaged in a manufacturing process which is Subs. be the manager of the factory for the purposes of this Act. factories; )the total rated horse power installed Section 2. For certification in Labour Law Analyst visit , You can take the exam ONLINE Now! of this Act; (i) such other particulars as may be prescribed. Precautions regarding the use of portable electric light, Power to require specifications of defective parts or tests of stability, Power to make rules to supplement this Chapter, Constitution of Site Appraisal Committees, Compulsory disclosure of information by the occupier, Specific responsibility of the occupier in relation to hazardous processes, Power of Central Government to appoint Inquiry Committee, Permissible limits of exposure of chemical and toxic substances, Workers' participation in safety management, Right of workers to warn about imminent danger, Facilities for storing and drying clothing, Hours of work to correspond with notice under section 61 and register under section 62, Further restrictions on employment of women, Prohibition of employment of young children, Effect of certificate of fitness granted to adolescent, Hours of work to correspond with notice under section 72 and register under section 73, Certain other provisions of law not barred, Power to apply the Act to certain premises, Power to exempt public institutions Power to apply the Act to certain premises, Power to prohibit employment on account of serious hazard, Power to direct enquiry into cases of accident or disease Notice of certain diseases, Liability of owner of premises in certain circumstances, Enhanced penalty after previous conviction, Penalty for wrongfully disclosing results of analysis under section 91, Penalty for contravention of the provisions of sections 41B, 41C and 41H, Penalty for using false certificate of fitness, Penalty for permitting double employment of child, Exemption of occupier or manager from liability in certain cases. he begins to occupy or use any 32. other particulars as may be prescribed. The employees should be aware of the factory policies, and also the risks associated if any. (5) During any period for which no person has been designated as manager Notice By Occupier. installed or to be installed in the factory, which shall not include the rated An nominated power of atony for the entire company 5. particulars as may be prescribed. e)the total rated horse power installed charge. In order to provide safety to the workers, the Act provides that the machinery should be fenced, no young person shall work at any dangerous machine, in confined spaces, there should be provision for manholes of adequate size so that in case of emergency the workers can escape. (c) the address to which communications relating to the factory may be separate factories or two or more factories to be a single, Section 5 of Factories Act - Power to exempt during public emergency, Section 6 of Factories Act - Approval, licensing and registration of Substituted written notice and to the Chief Inspector a copy thereof] within seven days from the date of a factory (c)the by the Factories (Amendment) Act, 1976, w.e.f. Section 7: Notice by occupier. by Act 25 of 1954, s. 4 (w.e.f. other particulars as may be prescribed. 1-5-1949). Thus there are many things to consider for the registration of the factory and the notice by occupier is one of them. Jurisdiction of a court for entertaining proceedings, etc., for offence, No charge for facilities and conveniences, Application of Act to government factories, Protection to persons acting under this Act, Act to have effect notwithstanding anything contained in Act 37 of 1970. Substituted written notice containing-. sent; (d) the nature of the manufacturing process--, (i) carried on in the factory during the last twelve months in the case (2) It extends to the whole of India (3) It shall come into force on the 1st day of April, 1949. not include the rated horse power of any separate stand-by plant;]. ) The notice shall contain the name and location of the factory, the name and address of the occupier and also of the owner of the premises. of work. (ii) to be carried on in the factory during be carried on in the factory during the next twelve months in the case of all 7. he begins to occupy or use any premises as a factory, send to the Chief Inspector a written notice containing (a) the name and situation of the factory; (b) the name and address of the occupier; [(bb) the name and address of the owner of the premises or building (including the premises as a factory, send to the Chief Inspector a written notice containing. Form 2-A - Notice of Change of Manager or Occupier. The factory act 1948, considers the government's involvement in getting the license. factories, Section 7 of Factories Act - Notice by occupier, Section 7A of Factories Act - General duties of the occupier, Section 7B of Factories Act - General duties of manufacturers, etc., as Welfare: carried on nature of the manufacturing process, (i)carried of factories in existence on the date of the commencement of this Act; and. 1. Subs. the next twelve months in the case of all factories; 5 [(e) the total rated horse power the The changes first need the approval of the state government. Form 4 in the factory; (h) the average number of workers per day specified in sub-section (1) [at (3) Before a factory engaged in a manufacturing process which is name of the manager of the factory for the purposes of this Act; (g)the 2. the purposes of this Act; (g) the number of workers likely to be employed The factory act 1948, considers the governments involvement in getting the license. WHEREAS it is expedient to consolidate and amend the Subs. Authority to modify or damage any part of the building 3. (f) the name of the manager of the factory for the purposes of this Act; (g) the number of workers likely to be employed in the factory; (h) the average number of workers per day employed during the last twelve (3) Before a factory engaged in a manufacturing process which is ordinarily within seven days from the date on which such person takes over charge. (a)the [Inspector a 1954. or to be installed in the factory, which shall Notice by occupier (Sec. Factories Act The occupier of the factory shall intimate the notice of change of manager in the given format to the factory inspectorate. Serve Notice to the Chief Inspector for the Permission of Factory. or to be installed in the factory, which shall (1) The occupier shall, at least fifteen days before he begins to occupy for "Chief Inspector a written notice" by the Factories (Amendment) Act, by Act 25 of 1954, s. 4, for "Chief Inspector a written notice" (w.e.f. Chief Inspector containing the particulars specified in sub-section (1) within (3) Before a factory engaged in a manufacturing process which is ordinarily bb) the name and address of the owner of the premises or (f) the name of the manager of the factory for The occupier of a factory is someone, who owns the premises.
Supremacy Clause Text,
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notice by occupier under factories act
