This post has been written by Navpreet Kaur, a 4th Year law student of Delhi Metropolitan Education, Noida.
Introduction
The Factories Act, 1948 is a constructive and valuable enactment. 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. It throws different commitments, obligations, and duties on the occupier of an industrial facility. Certain Amendments to the Act and court choices have additionally expanded the nature and extent of the idea of the occupier, particularly versus unsafe and precarious procedures in manufacturing plants and factories. “`Occupier’ of a factory means the person who has ultimate control over the affairs of the factory.”[1] The operation and tasks of an occupier involve the safety of the workers and to look after their needs and basic amenities in the workplace.
The occupier will send to the Chief Inspector a written notification in regard of all foundations which come under the Act just because, before a factory engaged with its operations which are carried on for short of what one hundred and eighty working days in the year continues working, at whatever point another supervisor or manager is designated. During any period for which no individual has been appointed as manager of a factory, any individual can be set up as supervisor, or if no such individual is discovered, the occupier himself will be esteemed to be the chief of the production line for the perseverance and intention behind this Act.[2]
Duties of Occupier
Sections 7A, General Duties of Occupier are:
- To guarantee the wellbeing, security, and government assistance all things considered while they are working in the manufacturing plant.
- To give and keep up the plant and frameworks of work in the industrial facility that are protected and without hazard to the soundness of the laborers.
- To give courses of action in the factory and production line for guaranteeing security and prevention of hazard to health regarding the utilization, taking care of, capacity and transport of articles and substances.
- To give such data, guidance, preparing, and supervision as are important to guarantee the wellbeing and security of all specialists and workers busy working.
- To keep up all work environments in the processing plant in a condition that is sheltered and without dangers to wellbeing and to give and keep up such methods for access to, and departure from, such places as are protected and without such dangers.
- To provide for, keep up or screen such work in the processing factory for the workers that are sheltered, without health hazards and satisfactory as regards facilities and courses of action at work.
- To set up a written statement of his general approach as for the wellbeing and security of the workers at work and the association and arrangements for completing the strategy.
Above mentioned were certain general duties of an occupier furthermore there can be other duties and allegiances of an occupier that can be studied to get a better view at the other diversified obligations to be fulfilled by an occupier. They are as follows:
Section 40-B states that it will be the obligation of the Occupier to Appoint a Safety official in a factory:-
- Wherein one thousand or more specialists are conventionally employed, or
- Wherein, in the assessment of the State Government, any assembling and manufacturing procedure or activity is continued, which procedure or activity includes any danger of substantial injury, harming or illness, or some other peril to wellbeing, to the people employed in the production line, if so required by the State Government by notification in the Official Gazette.
Section 40-B states the compulsory disclosure of information by the occupier. The occupier of each plant including a dangerous and perilous procedure will unveil in the way approved to the Chief Inspector and the nearby local authority. The occupier will, at the hour of registering the manufacturing plant including a dangerous procedure, set out a point by point strategy for the wellbeing and security of the laborers utilized in that and imply such arrangement to the Chief Inspector.
Section 41-G provides for the Worker’s Participation in Safety Management. The occupier will, in each factory where a dangerous process is done, or where risky and harmful substances are utilized or dealt with, set up a Safety Committee comprising of an equivalent number of delegates of laborers and the executives to advance co-activity between the laborers and the administration in keeping up safety and health and to audit the measures taken for that sake.
Section 42-49 states certain Facilities for Canteen and Sitting. Occupier must assist Lunchrooms, Canteen, and Crèche, Washing offices, medical aid apparatuses and so on to all laborers and to designate a Welfare official.
Section 91-A allows a Safety and Occupational Health Survey. The occupier or manager of the factory or whatever another individual who for the time implies to be responsible for the manufacturing plant, undertake safety and occupational wellbeing overviews, and such occupier or chief or another individual will manage the offices.
“In J. K. Industries Ltd v. Chief Inspector of Fisheries and Boilers, the Supreme Court perceived that the provisions of Sec.s 7 and 7A, when considered in the light of proviso (ii) to Sec. 2(n), leave no way of uncertainty that it is a legal constraint under Sec. 7 of the Act after 1987 to designate the occupier before he possesses or starts to utilize the premises to run the manufacturing plant and, on account of a current manufacturing plant, look for the restoration of the permit to keep on working the factory. It is just when these legal prerequisites are satisfied that the factory would be given the license or its license will be renewed on account of existing factories.”[3]
“Proviso (ii) was introduced in the amending act couched in a mandatory form which allowed any one of the directors to an occupier of a factory keeping in view the experience gained over the years.”[4]
In ION Exchange India Ltd. v. Deputy Chief Inspector of factories, Salem,[5] it was held that the owner can select any individual to be in extreme command over the undertakings of a factory. In case nobody else has been designated to be in extreme authority over the issues of the organization, the Director of an organization or any partner of a partnership is regarded to be the occupier.
Conclusion
The Factories Act which is in functioning for the previous 37 years has given sufficient advantages to the workers. It has extensively ameliorated their working conditions. The Government is effectively considering the acquaintance of some crucial corrections with the Act to keep it effectively insist upon and make it increasingly viable. By studying the obligations of the Occupier and Factory Manager under Factories Act 1948, inside and out it can be inferred that the Occupier and Factory Manager has a fundamental and significant part to carry out in guaranteeing the wellbeing and security of the laborers as they are the foundation of any industry taken into account. It is, anyway vital that the laborers and their delegates make themselves mindful of the different arrangements and protect their inclinations and persuade the defaulting manager to be aware of his legitimate commitments and duties.
[1] The Factories Act, 1948, s. 2(n)
[2] The Factories Act, 1948, s. 7
[3] 1996 (9) TMI 503
[4] The Factories (Amendment) Act, 1987
[5] 1995 (2) CTC 156
