What are the duties of occupier under the Factories Act 1948?

What are the duties of occupier under the Factories Act 1948?

General Duties of the Occupier(Section7A) # To ensure the health, safety and welfare of all workers while they are at work in the factory. # To provide and maintain the plant and systems of work in the factory that are safe and without risk to health of the workers.

Who is occupier under Factories Act 1948?

The Factories Act, 1948 (Factories Act) consolidates the laws regulating labour in factories. The Factories Act stipulates that every factory must have an “Occupier” – defined under its Section 2(n) as the person who has ultimate control over the affairs of the factory.

Who is occupier and his duties?

The occupier of the factory is the one who owns the business. He is solely responsible for all the things in his factory. The occupier is answerable for all the happenings and mishappening in the premises. All the rules and regulations set by him have to be first approved by the State Government or the chief-inspector.

Who can be a occupier?

An occupier of the factory in the case of a company must necessarily be any of its directors who shall be so notified for the purposes of the Factories Act. Such an occupier cannot be any other employee of the company or the factory.

What is the objective of Factories Act 1948?

The main objectives of the Indian Factories Act, 1948 are to regulate the working conditions in factories, to regulate health, safety welfare, and annual leave and enact special provision in respect of young persons, women and children who work in the factories.

What is the general duty of occupier?

–(1) Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory.

What is calendar year under Factories Act 1948?

Section 2(bb) deals with the calendar year- ‘Calendar Year’ means 12 months beginning with the first day of January in any year. Hence, it is different from the Financial Year (starts from 1st April).

What is the duty of occupier?

In all other workplaces, the occupier is the person who has control of the premises, regardless of whether they are the owner of those premises. As an occupier, you must ensure that the following are safe: The workplace. All pathways to and from the place of work.

Which is correct regarding Thegeneral responsibilities of occupier of a factory are?

What are the general duties of an Occupier? A. Maintenance of a plant and system of work in factory are safe, without risks to health. Ensure safety and absence of risks to health in, use, handling, storage and transport of articles and substances.

Who is an occupier in law?

It was held that with their right asserting their control over the property showed that they were the legal occupiers and therefore liable for the damage caused. This case had established the definition of the occupier as ‘a person who controls; to a sufficient degree the land in question.

Is a provision of Factories Act 1948?

The Factories Act 1948 emphasizes upon regulating health, physical conditions, forming fair policies for annual leaves and facilitating welfare amenities. It has laid down special provisions in respect of young people, women and children who work in the factories.

What are the compliances under the Factories Act?

Under the Factories Act, the following compliances should be followed- Section 6 and 7 (Licensing of Factory) The occupier of the factory is required the previous permission from the State Government or the Chief Inspector in writing for the site on which factory is to be situated.

What was the definition of occupier under the Factories Act, 1948?

Definition of Occupier Section 2 (n) of the Factories Act, 1948 defines “Occupier” as follows: “Occupier” of a factory means the person who has ultimate control over the affairs of the factory

What did the Factories Act of 1948 do?

The Factories Act, 1948 ( Factories Act ) consolidates the laws regulating labour in factories. The Factories Act stipulates that every factory must have an “Occupier” – defined under its Section 2 (n) as the person who has ultimate control over the affairs of the factory.

When did independent director become occupier of factory?

This begets an urge to analyse whether an Independent Director (ID) could have been otherwise appointed as “Occupier” of a factory in case of a company. The Factories Act, 1948 ( Factories Act ) consolidates the laws regulating labour in factories.