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.
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
From India, Mumbai
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52As 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.
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
From India, Mumbai
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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 book stores or write to Factory Inspectorate seeking the information. If it is available in the local language, I am sure most law book stores 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 also the same. You may check with your state Factory Rules and confirm, please.
Regards,
Kesava Pillai
From India, Kollam
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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 book stores or write to Factory Inspectorate seeking the information. If it is available in the local language, I am sure most law book stores 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 also the same. You may check with your state Factory Rules and confirm, please.
Regards,
Kesava Pillai
From India, Kollam
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Hey Abhay, this section stands for the "Principal Employer under section 2 (17) means, in a factory, the owner or occupier of the factory and 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.
But the complete act details of FACTORY ACT 63 of 1948 can be found through this link... [Laws - Factories Act, 1948](http://www.vakilno1.com/bareacts/factoriesact/factoriesact.htm)
And I hope this link will help you to get the rules easily... Best of Luck.
From India, Gurgaon
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But the complete act details of FACTORY ACT 63 of 1948 can be found through this link... [Laws - Factories Act, 1948](http://www.vakilno1.com/bareacts/factoriesact/factoriesact.htm)
And I hope this link will help you to get the rules easily... Best of Luck.
From India, Gurgaon
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@Kesava Sir,
Ques1 --- Asked you just from curiosity (Till your reply, I am 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
From India, Mumbai
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Ques1 --- Asked you just from curiosity (Till your reply, I am 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
From India, Mumbai
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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.
From India, Hyderabad
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Regards,
Manasvini.
From India, Hyderabad
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Dear Abhay,
Have you ever wondered how India could bring out a comprehensive Factories Act so soon after independence? We just copied almost everything from the British Factories Act and added one more item - providing spittoons. The British Factories Act had no provision for spittoons, but given our culture of spitting anywhere and everywhere, we felt the need for it!
Amending an act is a laborious process that comes with added responsibility. There must be interested parties, whether vested or otherwise, involved in amending an act. Who in India is interested in amending the Factories Act?
One group we can imagine being interested is the Trade Unions, as acts like the Factories Act are meant for the protection of workers. However, their priorities seem to lie elsewhere now, with business taking precedence over worker welfare, and safety often not on their agenda.
Child labor is prohibited, and the Factories Act needs to be amended to enforce this. But the question remains - who truly cares?
Regards,
Kesava Pillai
From India, Kollam
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Have you ever wondered how India could bring out a comprehensive Factories Act so soon after independence? We just copied almost everything from the British Factories Act and added one more item - providing spittoons. The British Factories Act had no provision for spittoons, but given our culture of spitting anywhere and everywhere, we felt the need for it!
Amending an act is a laborious process that comes with added responsibility. There must be interested parties, whether vested or otherwise, involved in amending an act. Who in India is interested in amending the Factories Act?
One group we can imagine being interested is the Trade Unions, as acts like the Factories Act are meant for the protection of workers. However, their priorities seem to lie elsewhere now, with business taking precedence over worker welfare, and safety often not on their agenda.
Child labor is prohibited, and the Factories Act needs to be amended to enforce this. But the question remains - who truly cares?
Regards,
Kesava Pillai
From India, Kollam
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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
From India, Mumbai
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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
From India, Mumbai
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Factories Act 1948.ppt
Factories Act 1948.pdf