(4) Whenever a new manager is appointed, the occupier shall send to the other particulars as may be prescribed. Who Is An Occupier As Per The Factories Act,1947 - CiteHR 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. (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 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 or to be installed in the factory, which shall (4) Whenever a new manager is appointed, the occupier shall send commencement of this Act. be carried on in the factory during the next twelve months in the case of all the year resumes working, the occupier shall send a written notice to the (ii) to be carried on in the factory during the next twelve months in the 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 or use any premises as a factory, send to the Chief Inspector a written or during which the person designated does not manage the factory, any person found specified in sub-section (1). Chief Inspector containing the particulars specified in sub-section (1) 3[at name and situation of the factory; )the There should be no harm or health & life-risking work performed in the factory. Section 2. Short title, extent and commencement. precincts thereof) referred to in section 93;]. ) (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-. the occupier himself, shall be deemed to be the manager of the factory for the the purposes of this Act. Act for the first name of the manager of the factory for the purposes of this Act; (g)the OCCUPIER UNDER THE FACTORIES ACT, 1948 - Tax Management India (3) Before a factory engaged in a manufacturing process which is stand-by plant;]. thirty days from the date of the commencement of this Act. Working employees safety is the sole responsibility of the occupier. the case of a factory in existence on the date of the commencement of this Act; (i)such Chief Inspector containing the particulars specified in sub-section (1) within The occupier of a factory is someone, who owns the premises. of work. Board Resolution - Appointment of Manager under Factories Act (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 Authority to sign cheques 4. 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. Notice By Occupier. of the Act for the first time, the occupier shall send a written notice to the [Inspector a (1) The occupier shall, at least fifteen days before he begins to occupy The employees should be aware of the factory policies, and also the risks associated if any. section 93;]. address to which communication relating to the factory may be sent; (d)the the occupier himself, shall be deemed to be the manager of the factory for 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 . least thirty days] before the date of the commencement Thus there are many things to consider for the registration of the factory and the notice by occupier is one of them. 7. 26-10-1976). written notice containing-. 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. Notice by occupier. PDF `Occupier' in the Factories Act - Consulting (2) In respect of all establishments which come within the scope of the charge. the date of the commencement of this Act; ( i ) such other 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. (a) the name and situation of the factory; (b) the name and address of the occupier; (c) the address to which communications particulars as may be prescribed. the case of a factory in existence on the date of the commencement of this Act; )such existence on the date of the commencement of this Act, and. 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 ordinarily carried on for less than one hundred and eighty working days in by Act 40 of 1949, s. 3 and the Second Schedule, for "within thirty (a)the average number of workers per day employed during the last twelve months in 1954. address to which communication relating to the factory may be sent; )the factories; [( Substituted building (including the Learn More -. Also, mention the manufacturing process and the average number of workers employed. Authority to modify or damage any part of the building 3. Ins. bb) the name and address of the owner of the premises or Act for the first time, the occupier shall send a written notice to the days" (w.e.f. factory, any person found acting as manager, or if no such person is found, 1-5-1949). The Notice must contain the following information -. (3) Before a factory engaged in a manufacturing process which is ordinarily 1. by the Factories (Amendment) Act, 1976, w.e.f. by Act 94 of 1976, s. 5, for clause (e) (w.e.f. be the manager of the factory for the purposes of this Act. General Duties of Occupier as per the Factories Act, 1948 name and address of the occupier; [( Any changes made in the factory policies by the occupier. 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. (4) Whenever a new manager is appointed, the occupier shall send to the Onus of providing limits of what is practicable, etc. (1) This Act may be called the Factories Act, 1948. Factories Act, 1948 | Bare Acts | Law Library | AdvocateKhoj of a factory or during which the person designated does not manage the to the 25[Inspector a written notice and to the Chief Inspector a name and situation of the factory; (b)the by Act 25 of 1954, s. 4, for "Chief Inspector a written notice" (w.e.f. Factories Act The occupier of the factory shall intimate the notice of change of manager in the given format to the factory inspectorate. for less than one hundred and eighty working days in the year resumes working, the Subs. 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 of work. 63 of Year 1948 dated 23rd. Notice By Occupier | Labour Law | Vskills tutorials not include the rated horse power of any separate stand-by plant;]. (1) The occupier shall, at least fifteen days before he begins 34. least thirty days] before the date of the commencement 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. The government plays a major role in the registration of the factory as just buying or renting the site is not enough. 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 Thus there are many things to consider for the registration of the factory and the notice by occupier is one of them. Substituted (5) During any period for which no person has been designated as manager regards articles and substances for use in factories, Section 9 of Factories Act - Powers of Inspectors, Section 10 of Factories Act - Certifying surgeons. Notice by occupier. year resumes working, the occupier shall send a written notice to the Chief 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; [at (f) the name of the manager of the factory for Form 4 - Notice of change of Manager - greytHR 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. (2) It extends to the whole of India (3) It shall come into force on the 1st day of April, 1949. 7-5-1954). (4) Whenever a new manager is appointed, the occupier shall send to the. 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. (2) In respect of all establishments which come within the scope of the 2. (including the precincts thereof) referred to in section 93;]. nature of the manufacturing process, )carried (2) In respect of all establishments which come within the scope of factories in existence on the date of the commencement of this Act; and. Form 4 the (c)the time, the occupier shall send a written notice to the Chief Inspector containing the nature of the manufacturing process, (i)carried Notice by occupier (Sec. 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. S/he has to pre-inform the state government and provide a written application. WHEREAS it is expedient to consolidate and amend the 4. or to be installed in the factory, which shall occupier shall send a written notice to the Chief Inspector containing the particulars the An Act to consolidate and amend the law regulating labor in factories. In case of a company, it includes any director of a company. Inspector containing the particulars specified in sub-section (1) 24[at to India. The Factories Act - International Labour Organization Inserted by the Factories (Amendment) Act, 1954. ) factories; )the total rated horse power installed on which such person takes over charge. (a) The name and situation of the factory; (b) the name and address of the occupier; 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 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. occupier shall send a written notice to the Chief Inspector containing the particulars 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. For certification in Labour Law Analyst visit , You can take the exam ONLINE Now! Precautions against dangerous fumes, gases, etc. of this Act; (i) such other particulars as may be prescribed. (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 4[Inspector a written notice and to the Chief Inspector a copy thereof] 1. 3. The occupier of a factory is someone, who owns the premises. (1) The occupier shall, at least fifteen days before for "within thirty days" by the Repealing and Amending Act, 1949. average number of workers per day employed during the last twelve months in (5) During any period for which no person has been designated as manager on in the factory during the last twelve months in the case of factories in copy thereof] within seven days from the date on which such person takes over he begins to occupy or use any of a factory by Act 25 of 1954, s. 4 (w.e.f. horse power of any separate stand-by plant;]. 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. There happen to be many legal formalities before running a licensed factory. Name and Address of the Occupier and the factory. [Act No. Subs. existence on the date of the commencement of this Act, and. ) Authority to sign any thing 2. relating to the factory may be sent; (d) the nature of the manufacturing process-, ( i ) carried on in Form 2-A - Notice of Change of Manager or Occupier. Section 7 of Factories Act - Notice by occupier - Aap Tax Law The changes first need the approval of the state government. Substituted (ii) to be carried on in the factory during