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 Home > LAWYERS > Labour and Industrial Laws > Trade Unions, Industrial Disputes, Contract Labour and Factories Act > 5th Edition, 2001 |
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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.
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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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