Under Law, a statement within an agreement or a law that a particular thing must happen or be done, especially before another can happen is called as a ‘provision’. Each Act has its own rules or provisions stating the boundary walls (as a restriction) within which the parties coming under the Act have to act. The Factories Act, 1948 also has certain ‘allied provisions’ for the relevant parties. It helps them to work under the law. In this article, we will look at those provisions.
Major Allied Provisions (Under the Factories Act, 1948)
Section 3: Reference to Time of Day
Under this Act, any reference to time is according to the Indian Standard Time (IST) which is 5 hours and 30 minutes ahead of the Greenwich Mean Time.
But there are certain areas where we cannot observe the IST. Hence, in such cases, the State Government may make the rules-
(a) Firstly, by specifying the area
(b) Secondly, defining the local mean time ordinarily observed therein
(c) Lastly, permitting such time to be observed in all or any of the factories situated in the area
Learn more about Inspector under Payments of Wages Act, 1936 here in detail.
Section 4: Power to Declare Different Departments as Different Factories
The State Government has the power to declare different departments of a factory as different factories. It can do so on its own or on an application in this behalf by an occupier. Moreover, it can declare 2 or more different factories as a single factory. It is generally done on the conditions as the government deems fit.
Section 5: Power to Exempt During a Public Emergency
Firstly, “Public Emergency” means a grave emergency whereby the security of India or of any part of the territory thereof is under threat, whether by war or external aggression or internal disturbance.
In any case of a public emergency, the State Government may, by notification in the Official Gazette, exempt any factory or class or description of factories from all or any of the provisions of this Act.
Even in the case of public emergency, the government cannot exempt any factory from Section 67. This Section provides certain more powers to the State Government. Under this section, the government has the power to ask for the submission of certain documents and information like:
Section 6: Licencing, Approval, and Registration of Factories
1. Previous permission in writing of the State Government or the Chief Inspector to be obtained for the site on which the factory is to situate and for the construction or extension of any factory or class or description of factories.
2. Prescribing the nature of such plans and specifications.
3. Requiring for the purpose of considering applications for such permission the submission of plans and specifications.
Section 7: Notice by the Occupier
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;
(b) the name and address of the occupier;
(bb) the name and address of the owner of the premises or building (including the precincts thereof ) referred to in section 93;
(c) the address on which communication relating to the factory may be sent;
(d) the nature of the manufacturing process-
(d)(i) carried on in the factory during the last twelve months in the case of factories in existence on the date of the commencement of this Act, and
(d)(ii) to be carried on in the factory during the next twelve months in the case of all factories;
(e) the total rated horsepower installed or to be installed in the factory, which shall not include the rated horsepower of any separate standby plant;
(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 months in the case of a factory in existence on the date of the commencement of this Act;
(i) such other particulars as may be prescribed.
|Section 7A||This Section states the general duties of the occupier. These are:
(1) Every occupier shall ensure, so far as is reasonably practicable, the health, safety, and welfare of all workers while they are at work in the factory.
(2) Without prejudice to the provisions of sub-section (1) duty extends, shall include, provisions for and maintenance of plant and systems for ensuring specific safety and health requirements.
(3) Other than (1) & (2) revise general policies with respect to the health and safety of the workers at work
|Section 7B||This section states the general duties of the manufacturers. Manufacturers need to carry out and examine the adequacy of information on articles and substances for use in factories and take steps to make adequate information available.|
|Section 8||This section states the provisions related to the ‘appointment of the inspectors’. Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector are appointed. Moreover, every District Magistrate shall be an inspector for his district.|
Solved Question For You
Question: What are the provisions of Section 10 of the Factories Act, 1948?
Answer: Under this section, the State Government may appoint qualified medical practitioners to be Certifying Surgeons to carry out duties –
(a) Firstly, examination and certification of young persons
(b) Secondly, the examination of persons engaged in dangerous occupations or processes
(c) Lastly, exercising medical supervision