Understanding the Factories Act and State Rules: Can You Help with These Queries?

Dear Seniors, As I was on leave last week, I couldn't participate in discussions. Kesava sir, Dipilji, Hansaji, Shaileshji, and other seniors, your efforts in making this forum lively are truly appreciable.

Queries Regarding The Factories Act and Related Rules

I have some queries and hope the forum will guide me:

1. What is meant by "(63 of 1948)" mentioned in brackets after "The Factories Act, 1948"?
2. Where can we find the State Factories Rule (Maharashtra) in the local language?
3. Which form/format needs to be used for pre-employment medical check-up?

Thank you in advance.

Regards,
Abhay

Dear Abhay, Is it so important, or is it just curiosity? (On question #1)

1. Whatever it may be, 63 of 1948 means ACT No. 63 of the year 1948. The Factories Act was passed as Act No. 63 in the year 1948.

2. You have to inquire with law bookstores or write to the Factory Inspectorate seeking the information. If it is available in the local language, I am sure most law bookstores may stock it.

3. Refer to Factory Rules. In Tamil Nadu and Kerala, it is Form No. 5 prescribed under Rule 14 for medical examination, whether young persons or otherwise, and in the case of a fitness certificate, Form No. 27 or 27A as applicable. You may add additional information needed as per the advice of your medical officer. In most other states, it is the same. You may check with your state Factory Rules and confirm, please.

Regards, Kesava Pillai

Hey Abhay, this section stands for the "Principal Employer under section 2 (17)" which means, in a factory, the owner or occupier of the factory. It includes the managing agent of such owner or occupier, the legal representative of a deceased owner or occupier, and where a person has been named as the manager of the factory under the Factories Act, 1948 (63 of 1948), the person so named.

Complete Act Details

The complete act details of the FACTORY ACT 63 of 1948 can be found through this link: http://www.vakilno1.com/bareacts/fac...ctoriesact.htm. I hope this link will help you to get the rules easily. Best of Luck.

@Kesava Sir, Ques1 --- Asked you just out of curiosity (Until your reply, I was supposing it is related to the Constitution of India). Thanks for the reply.

Sir, one more query from Answer 3 is: "Child Labour" is not allowed by the government, then how does the factory act allow working "Young Person" (The Factories Act, 1948 Sec 2.d; "young person = either a child or an adolescent) after the permission of the Certifying surgeon.

Regards, Abhay

Hi, I am Manasvini, I completed my MBA-HR from Hyderabad and recently joined CiteHR. I would like to seek some information from you. Can you tell me which course would be good for me (MBA-HR) and which can be an added advantage for me to get a better job? Please let me know.

Regards,
Manasvini.

Sir, Thanks for clearing things up. Regarding spittoons, before your explanation, my guess was that due to the large number of textile mills in India before 1948 and the presence of cotton dust in the working environment, workers needed to spit. As workers used to spit anywhere on the premises, the British, known for their focus on housekeeping and hygiene in public places, added this requirement.

Regards, Abhay