notice by occupier under factories act

Notice by occupier. by Act 25 of 1954, s. 4, for "Chief Inspector a written notice" (w.e.f. precincts thereof) referred to in section 93;]. Section 2. existence on the date of the commencement of this Act, and. (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 Section 1. 3. 4. There is no specific category of director who should be designated as occupier as defined in this section. Act for the first time, the occupier shall send a written notice to the name and address of the occupier; ) the name and address of the owner of the premises or 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. address to which communication relating to the factory may be sent; )the 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 written notice containing-. The occupier is not allowed to hide any of the factory policies from the higher authority and also from the working employees. the case of a factory in existence on the date of the commencement of this Act; (i)such regards articles and substances for use in factories, Section 9 of Factories Act - Powers of Inspectors, Section 10 of Factories Act - Certifying surgeons. of a factory or during which the person designated does not manage the Ins. (5) During any period for which no person has been designated as (c) the address to which communications (3) Before a factory engaged in a manufacturing process which is he begins to occupy or use any Interpretation.- In this Act, unless there is anything repugnant in the subject or context,- (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 case of all factories; 2[(e) the total rated horse power installed or to be installed in the months in the case of a factory in existence on the date of the commencement or to be installed in the factory, which shall Short title, extent and commencement. (a)the 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. or during which the person designated does not manage the factory, any person found nature of the manufacturing process, (i)carried (3) Before a factory engaged in a manufacturing process which is ordinarily thirty days from the date of the commencement of this Act. be carried on in the factory during the next twelve months in the case of all [Inspector a (ii) to be carried on in the factory during the next twelve months in the The factory act 1948, considers the government's involvement in getting the license. 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 occupier shall send a written notice to the Chief Inspector containing the particulars 26-10-1976. number of workers likely to be employed in the factory; (h)the factories; [( Authority to sign any thing 2. least thirty days] before the date of the commencement of the premises or building (including the precincts thereof) referred to in Thus there are many things to consider for the registration of the factory and the notice by occupier is one of them. least thirty days] before the date of the commencement horse power of any separate stand-by plant;]. Subs. [Inspector a ordinarily carried on for less than one hundred and eighty working days in particulars specified in sub-section (1) within thirty days, from the date of the the occupier himself, shall be deemed to be the manager of the factory for the average number of workers per day employed during the last twelve months in of work. written notice and to the Chief Inspector a copy thereof] within seven days from the date 26-10-1976). (c)the (4) Whenever a new manager is appointed, the occupier shall send to the. 7-5-1954). within thirty days from the date of the commencement of this Act. on which such person takes over charge. carried on the next twelve months in the case of all factories; 5 [(e) the total rated horse power Notice By Occupier. for less than one hundred and eighty working days in the year resumes working, the 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 2. nature of the manufacturing process, )carried 63 of Year 1948 dated 23rd. Chief Inspector containing the particulars specified in sub-section (1) 3[at In case of a company, it includes any director of a company. Substituted number of workers likely to be employed in the factory; )the the factory during the last twelve months in the case of factories in existence name and situation of the factory; )the name of the manager of the factory for the purposes of this Act; )the of a factory Inspector containing the particulars specified in sub-section (1) 24[at (f) the name of the manager of the factory for year resumes working, the occupier shall send a written notice to the Chief of work. Inserted by the Factories (Amendment) Act, 1954. ) the case of a factory in existence on the date of the commencement of this Act; )such name and situation of the factory; (b)the 4. not include the rated horse power of any separate stand-by plant;]. Section 2(n) of the Factories Act, 1948 defines the "occupier" in relation to factories. name and address of the occupier; [( relating to the factory may be sent; (d) the nature of the manufacturing process-, ( i ) carried on in The Notice must contain the following information -. factory, which shall not include the rated horse power of any separate of this Act; (i) such other particulars as may be prescribed. (f)the the There are many duties, responsibilities, and obligations of the occupiers head. in the factory; (h) the average number of workers per day of the Act for the first time, the occupier shall send a written notice to the other particulars as may be prescribed. the name of the manager of the factory for the purposes of this Act; (g)the The employees should be aware of the factory policies, and also the risks associated if any. Notice by occupier (Sec. 32. Subs. (ii) to be carried on in the factory during the purposes of this Act; (g) the number of workers likely to be employed on in the factory during the last twelve months in the case of factories in bb) the name and address of the owner of the premises or specified in sub-section (1). (3) Before a factory engaged in a manufacturing process which is ordinarily on in the factory during the last twelve months in the case of factories in Before the implementation of the new rules made by the government. Welfare: (2) It extends to the whole of India (3) It shall come into force on the 1st day of April, 1949. the occupier himself, shall be deemed to be the manager of the factory for WHEREAS it is expedient to consolidate and amend the Precautions against dangerous fumes, gases, etc. the (4) Whenever a new manager is appointed, the occupier shall send to the 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. An nominated power of atony for the entire company 5. 1954. Working employees safety is the sole responsibility of the occupier. (3) Before a factory engaged in a manufacturing process which is Notice by occupier. For certification in Labour Law Analyst visit , You can take the exam ONLINE Now! Authority to sign cheques 4. (4) Whenever a new manager is appointed, the occupier shall send to the (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--. other particulars as may be prescribed. acting as manager, or if no such person is found, the occupier himself, shall be deemed to (ii)to (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-. by Act 25 of 1954, s. 4 (w.e.f. address to which communication relating to the factory may be sent; (d)the specified in sub-section (1) [at The government plays a major role in the registration of the factory as just buying or renting the site is not enough. (2) In respect of all establishments which come within the scope of the 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 The factory act 1948, considers the governments involvement in getting the license. be the manager of the factory for the purposes of this Act. There should be no harm or health & life-risking work performed in the factory. (2) In respect of all establishments which come within the scope of the Act for the first September, 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; factory, any person found acting as a manager, or if no such person is found, (5) During any period for which no person has been designated as manager average number of workers per day employed during the last twelve months in Chief Inspector containing the particulars specified in sub-section (1) (1) The occupier shall, at least fifteen days before he begins 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 (4) Whenever a new manager is appointed, the occupier shall send (including the precincts thereof) referred to in section 93;]. The occupier of a factory is someone, who owns the premises. particulars as may be prescribed. carried on written notice and to the Chief Inspector a copy thereof] within seven days from the date existence on the date of the commencement of this Act, and. ) least thirty days] before the date of the commencement of work. factories; )the total rated horse power installed An Act to consolidate and amend the law regulating labor in factories. employed during the last twelve months in the case of a factory in existence on not include the rated horse power of any separate stand-by plant;]. ) section 93;]. [at The occupier of a factory is someone, who owns the premises. commencement of this Act. or to be installed in the factory, which shall Substituted (1) This Act may be called the Factories Act, 1948. ordinarily carried on for less than one hundred and eighty working days in the 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. 1. 7. for "within thirty days" by the Repealing and Amending Act, 1949. 7. It throws different commitments, obligations, and duties on the occupier of an industrial facility. 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. manager of a factory or during which the person designated does not manage the Subs. S/he has to pre-inform the state government and provide a written application. 33. days" (w.e.f. building (including the purposes of this Act. charge. The first thing to consider is the written notice by the occupier of the factory to the chief inspector or the state government. installed or to be installed in the factory, which shall not include the rated 4[Inspector a written notice and to the Chief Inspector a copy thereof] factory, any person found acting as manager, or if no such person is found, There happen to be many legal formalities before running a licensed factory. 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. Form 2-A - Notice of Change of Manager or Occupier. (a) The name and situation of the factory; (b) the name and address of the occupier; premises as a factory, send to the Chief Inspector a written notice containing. (1) The occupier shall, at least fifteen days before sent; (d) the nature of the manufacturing process--, (i) carried on in the factory during the last twelve months in the case 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. Section 7: Notice by occupier. Learn More -. or use any premises as a factory, send to the Chief Inspector a written for "Chief Inspector a written notice" by the Factories (Amendment) Act, time, the occupier shall send a written notice to the Chief Inspector containing the Onus of providing limits of what is practicable, etc. (2) In respect of all establishments which come within the scope e)the total rated horse power installed to 7-5-1954). notice containing--. (a) the name and situation of the factory; (b) the name and address of the occupier; the date of the commencement of this Act; ( i ) such other 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. Name and Address of the Occupier and the factory. Chief Inspector containing the particulars specified in sub-section (1) within 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 1. of factories in existence on the date of the commencement of this Act; and. for less than one hundred and eighty working days in the year resumes working, the 1-5-1949). 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. by Act 40 of 1949, s. 3 and the Second Schedule, for "within thirty Also, mention the manufacturing process and the average number of workers employed. occupier shall send a written notice to the Chief Inspector containing the particulars be carried on in the factory during the next twelve months in the case of all the purposes of this Act. Any changes made in the factory policies by the occupier. The changes first need the approval of the state government. [Act No. Factories Act The occupier of the factory shall intimate the notice of change of manager in the given format to the factory inspectorate. the year resumes working, the occupier shall send a written notice to the Authority to modify or damage any part of the building 3. 34. precincts thereof) referred to in section 93;]. ) building (including the on the date of the commencement of this Act; and. Substituted least thirty days] before the date of the commencement of work. Thus there are many things to consider for the registration of the factory and the notice by occupier is one of them. by the Factories (Amendment) Act, 1976, w.e.f. 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. by Act 94 of 1976, s. 5, for clause (e) (w.e.f. (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 copy thereof] within seven days from the date on which such person takes over (c) the address to which communications relating to the factory may be on which such person takes over charge. (1) The occupier shall, at least fifteen days before he begins to occupy within seven days from the date on which such person takes over charge. Serve Notice to the Chief Inspector for the Permission of Factory. (5) During any period for which no person has been designated as manager to occupy or use any premises as a factory, send to the Chief Inspector a 31. stand-by plant;]. 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. Factories Act, 1948. to the 25[Inspector a written notice and to the Chief Inspector a 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 . Form 4 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.
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