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K.D. Srivastava's Commentaries on  Factories Act, 1948 K.D. Srivastava's Commentaries on  Factories Act, 1948
K.D. Srivastava's Commentaries on Factories Act, 1948
by Revised by P.L. Malik
Edition: 5th Edition, with Supplement, 2012
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K.D. Srivastava's Commentaries on  Factories Act, 1948
Disciplinary Action against  Industrial Employees and its Remedies by K.D. Srivastava
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Product Details:
Format: Paperback
Pages: 848 pages
Publisher: Eastern Book Company
Language: English
ISBN: 9789350282895
Dimensions: 24.2 CM X 4.92 CM X 16 CM
Shipping Weight: 1.500(Kg)
Publisher Code: AB/259
Date Added: 2001-01-01
Search Category: Lawbooks
Jurisdiction: Indian
Overview:

The Factories (Amendment) Act, 1986 had brought about some groundbreaking changes in the Act giving it an entirely different perspective. The Amending Act provides stricter punishment for breach of safety provisions. The present edition contains all the changes brought about by the Amending Act in the text and the commentaries. A new case-law and statute law supplement has been added to the book bringing it up to date till 2003.

Rapid industrial growth in the country has brought in a need to pay considerable attention to the hazardous effects arising out of the working of factories on the society as a whole, so the Act, apart from providing for the health and safety and welfare of the workers in the factories, is now also concerned about the health and safety of those living in the vicinity and the environments thereof. The Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Environment Protection Act form an integral part of the Act.

Tremendous growth in the case-law has affected the interpretation and scope of the various provisions. Thus, for the present edition the case-law has been thoroughly revised to increase the utility of the work.

A separate section highlights important judgments in the cases of industrial accidents and steps for control of pollution by industry. The judgment of the Supreme Court in M.C. Mehta v. Union of India, has been exhaustively dealt with.

A product of thorough research, the book is invaluable for the industry, enforcement agencies, lawyers and judges.

Reviews

 

  • Lex Et Juris : K.D. Srivastava is well know in the field of labour law. The reason why his books are authoritative is, because they are products of thorough research. This book, like his previous ones, contains a relentless and rigorous analysis of case-law. It is destined to be a favourite with the bar and the Bench.
  • National Institute of Construction Management and Research : A large number of judgments delivered by various honourable courts have been referred to in the text and they are properly footnoted with regard to the sources. Students of Personnel Management and Industrial Relations will also find this book useful...The Eastern Book Company merits congratulations...
  • All India Reporter : The latest case-law has been incorporated and all amendments are included at proper places. This exhaustive commentary will be found very useful by all those who are concerned with the factories.
  • Pioneer, Lucknow : The learned author has treated the subject-matter in a very comprehensive and cogent manner, leaving nothing to be desired.
  • Gujarat Law Reporter : In this book, the revised Act along with detailed commentary is being given with all the latest case-law related to the Amendment Act in Pollution through water or noise and also through dangerous drugs... book with detailed commentary has reached the market for the help of the industry, Labour officers and various Government machineries in the country. In the beginning, notification regarding the application of the amended act is shown in special style, which is the important part of the book. The table showing the date of enforcement of the amendment made to the Principal Act by the amendment Act 20/87, is given with the date of enforcement.

 


Table Of Contents:
TABLE OF CASES 

PREAMBLE 

CHAPTER I : PRELIMINARY
Short title, extent and commencement
Interpretation
References to time of day
Power to declare different departments to be separate factories or two or more factories to be a single factory
Power to exempt during public emergency
Approval, licensing and registration of factories
Notice by occupier
General duties of the occupier
General duties of manufacturers, etc as regards articles and substances for use in factories

CHAPTER II : THE INSPECTING STAFF
Inspectors
Powers of Inspectors
Certifying surgeons

CHAPTER III : HEALTH
Cleanliness
Disposal of wastes and effluents
Ventilation and temperature
Dust and fume
Artificial humidification
Overcrowding
Lighting
Drinking water
Latrines and urinals
Spittoons

CHAPTER IV : SAFETY
Fencing of machinery
Work on or near machinery in motion
Employment of young persons on dangerous machines
Striking gear and devices for cutting off power
Self-acting machines
Casing of new machinery
Prohibition of employment of women and children near cotton-openers
Hoists and lifts
Lifting machines, chains, ropes and lifting tackles
Revolving machinery
Pressure plant
Floors, stairs and means of access
Pits, sumps, openings in floors, etc 
Excessive weights
Protection of eyes
Precautions against dangerous fumes, gases, etc
Precautions regarding the use of portable electric light
Explosiv or inflammable dust, gas, etc
Precautions in case of fire
Power to require specifications of defective parts or tests of stability
Safety of buildings and machinery
Maintenance of buildings
Safety Officers
Power to make rules to supplement this Chapter

CHAPTER IV-A : PROVISIONS RELATING TO HAZARDOUS PROCESSES
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
Emergency standards
Permissible limits of exposure of chemical and toxic substances
Workers' participation in safety management
Right of workers to warn about imminent danger

CHAPTER V : WELFARE
Washing facilities
Facilities for storing and drying clothing
Facilities for sitting 
First-aid appliances
Canteens
Shelters, rest rooms and lunch rooms
Creches
Welfare officers
Power to make rules to supplement this Chapter

CHAPTER VI : WORKING HOURS OF ADULTS
Weekly hours
Weekly holidays
Compensatory holidays
Daily hours
Intervals for rest
Spread over
Night shifts
Prohibition of overlapping shifts
Extra wages for overtime
Restriction on double employment
Notice of periods of work for adults 
Register of adult workers 
Hours of work to correspond with notice under Section 61 and register under Section 62 
Power to make exempting rules
Power to make exempting orders
Further restrictions on employment of women

CHAPTER VII : EMPLOYMENT OF YOUNG PERSONS
Prohibition of employment of young children
Non-adult workers to carry tokens
Certificates of fitness
Effect of certificate of fitness granted to adolescent
Working hours for children
Notice of periods of work for children
Register of child workers
Hours of work to correspond with notice under Section 72 and register under Section 73
Power to require medical examination
Power to make rules
Certain other provisions of law not barred

CHAPTER VIII : ANNUAL LEAVE WITH WAGES
Application of Chapter
Annual leave with wages
Wages during leave period
Payment in advance in certain cases
Mode of recovery of unpaid wages
Power to make rules
Power to exempt factories

CHAPTER IX : SPECIAL PROVISIONS
Power to apply the Act to certain premises
Power to exempt public institutions
Dangerous operations
Power to prohibit employment on account of serious hazard
Notice of certain accidents
Notice of certain dangerous occurrences
Notice of certain diseases
Power to direct inquiry into cases of accident or disease
Power to take samples
Safety and occupational health surveys

CHAPTER X : PENALTIES AND PROCEDURE
General penalty for offences
Liability of owner of premises in certain circumstances
Enhanced penalty after previous conviction
Penalty for obstructing Inspector
Penalty for wrongfully disclosing results of analysis under Section 91
Penalty for contravention of the provisions of Sections 41-B, 41-C and 41-H
Offences by workers
Penalty for using false certificate of fitness
Penalty for permitting double employment of child
Determination of occupier in certain cases
Exemption of occupier or manager from liability in certain cases
Power of Court to make orders
Presumption as to employment
Onus as to age
Onus of proving limits of what is practicable, etc 
Cognizance of offences
Limitation of prosecutions
Jurisdiction of a court for entertaining proceedings, etc, for offence 

CHAPTER XI : SUPPLEMENTAL
Appeals 
Display of notices
Service of notices 
Returns
Obligations of workers
Right of workers, etc
General power to make rules
Powers of Centre to give directions
No charge for facilities and conveniences
Publication of rules
Application of Act to Government factories
Protection to persons acting under this Act
Restriction on disclosure of information
Restriction on disclosure of information
Act to have effect notwithstanding anything contained in Act 37 of 1970
Repeal and savings

SCHEDULES 

SUBJECT INDEX 

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