LABOUR LAW: IIAUTHORITIES UNDER THE FACTORIES ACT, 1948

BY: Anamika Bishnoi & Bhavya Tiwari

POWERS OF STATE GOVERNMENT

• Make rules for reference to time of day • Where IST being 5 ½ hour ahead of GMT not

observed• Rules specifying area• Rules defining local meantime ordinarily observed

there• Permitting such time to be observed in all or any of

the factories situated in the area

SECTION: 3

• Power to declare different departments/branches as separate factories

• or; 2 or more factories as single factory

• On own motion (opportunity of being heard to occupier)

• or application on behalf of occupier

• For all or any of the purpose of act

SECTION: 4

• Power to exempt during public emergency

• By notification in official gazette

• Exempt any class/factory/description of factories

• Exempt from all or any of the provisions

• Except section 67

• For not more than 3 moths

SECTION: 5

MAY MAKE RULES ON FOLLOWING MATTERS• Submission of plans of any class/description of

factories to C.I. or S.G.• Previous permission in writing of S.G. or C.I.

required for the site on which factory to be situated/extended

• For considering application for such permissions

• Prescribing nature of such plans • Registration & licensing of factories• Prescribing the fees payable

SECTION: 6

ADMINISTRATIVE AGENCIES

• SECTION: 8 (1) :- INSPECTORS S.G. may appoint By notification in official gazette Prescribed qualifications Assign local limits

• SECTION: 8 (2) :- CHIEF INSPECTOR S.G. may appoint Powers of inspector also

INSPECTING STAFF

• SECTION: 8 (2A) :- ADDITIONAL & JOINT CHIEF INSPECTOR

S.G. may appoint as many such inspectors To assist chief inspector

• SECTION: 8 (3) :- DISQUALIFICATIONS Becomes directly/indirectly interested

• SECTION: 8 (4) :- DISTRICT MAGISTRATE Every district magistrate shall be an inspector

for his district

• SECTION: 8 (5) :- PUBLIC OFFICER AS ADDITIONAL INSPECTOR

S.G. may appoint for the purpose of act

• SECTION: 8 (6) :- DECLARATION OF POWERS OF INSPECTORES

In area with more than one inspector S.G. declare powers of inspectors

• SECTION: 8 (7) :- IPC SEC. 21 Inspector deemed public servant

POWERS OF INSPECTOR

• Enter with assistants• Examine premises of plants & machinery

article• Inquire into accidents• Require production of documents• Take copies of any register/documents• Direct occupier to leave part of premises

undisturbed till examination• Take photographs etc.• Direct article to be dismantled as dangerous• Other powers as may be prescribed

CERTIFYING SURGEON:SECTION: 10

• S.G. may appoint

• Qualified medical practitioner

• Specified local limits

SECTION: 10 (2)

• Certifying surgeon with the approval of S.G. may appoint qualified medical practitioner

• He shall exercise any of its powers DISQUALIFICATIONS• Becomes occupier• Becomes directly/indirectly interested in

business.

DUTIES

• Examination/certification of young persons

• Examination of persons engaged in dangerous occupation

• Exercise medical supervision in following factories:

Cases of illness occurred Likelihood of injury to health Young employed or to be employed in

dangerous work

CONCLUSION

• ACT for benefit of Labour class• Authorities important to execute it• Provisions for authorities most important• Without authorities act useless

THANKYOU…