Showing posts with label jurisprudence. Show all posts
Showing posts with label jurisprudence. Show all posts

Wednesday, March 16, 2016

Minimum Wages Acts 1948

Objectives of the Act

  • To provide minimum wages to the workers working in organized sector 
  • To stop exploitation of the workers
  • To empower the government to take steps for fixing minimum wages and to revising it in a timely manner 
  • To apply this law on most of the sections in organized sector (scheduled employment)

Historical Backdrop

The initiative by Shri K.G.R.Choudhary in 1920: set up boards for determination of wages
The International Labour Conference adopted convention 26 and 30 in 1928 relating to wage fixing machinery in trades or parts of trades
 A Minimum Wages Bill was introduced in the Central. Legislative Assembly on 11.4.46 and came into force with effect from 15.3.48
The Committee on Fair Wage was set up in 1948 to provide guidelines for wage structure

Broad Features of the Act

[Sec 3]: The Act lays down the principles  for fixation of
• A minimum time rate of wages
• A minimum piece rate
• A guaranteed time rate
• An overtime rate for different occupations, localities or classes of work and for adults, adolescents, children and apprentices

[Sec 4]: The minimum wages may consist of
• A basic rate of wages and a cost of living of allowances
• A basic rate of wages with or without the cost of living allowance and the cash value of the concessions in respect of essential commodities supplied at concessional rates

Short Title and Extent [Sec. 1]

  • This Act, the Minimum Wages Act, 1948 extends to the whole of India
  • This Act may be called the Minimum Wages Act, 1948

Who all are eligible?

  • Permanent employees
  • Contract employees
  • Casual workers
  • People on probation get fixed pay instead of minimum wages.
  • Trainees get stipend and not minimum wages


What  is appropriate  government? [Sec 2(b)] 

  • In relation to scheduled employment carried on Central Government or railways or est. under Central Act, the Central Government
  • In all other cases - the State Government

Wages [Sec. 2(h)]

  • Minimum wages: all remuneration capable of being paid in money terms for work done if terms of contract were fulfilled
  • consist of Basic + Dearness Allowance + House Rent Allowance
  • Every 5 years, basic rates of every industry are decided by Minimum Wages Committee
  • Dearness Allowance changes every six months and is decided by Government
  • Other Definitions

Section No.

2 (bb)
Child
2 (a)
Adolescent
 2 (aa)
Adult
2 (c)
Competent authority
2 (d)
Cost of Living Index Number
2 (e)
Employer
2 (g)
Scheduled Employment
2 (i)
Employee

 Fixing minimum rate of wages [Sec. 3]

The Appropriate Government:
·         Shall fix minimum rates of wages for an employment specified in Part I or Part II of Schedule 86 added by notification in official gazette
·         May fix rates for a part of the state or for any specific class or classes instead of fixing minimum rate of wages for whole state
·         Shall review and revise at intervals not exceeding 5 years the minimum rates of wages

Different Minimum Wages May Be Fixed By The Government For:
·         Different employments (specified in the schedule)
·         Different classes (e.g. skilled, unskilled, semis skilled, etc.) of work in the same employments
·         Adults, adolescents, children and apprentices
·         Different localities

Segregation

Minimum rates of wages may be fixed by any one or more of the following wage periods, namely: 
  • By the hour 
  • By the day 
  • By the month 
  • By such other larger wage period as may be prescribed; and where such rates are fixed by the day or by the month, the manner of calculating wages for a month or for a day, as the case may be, may be indicated

 Different Minimum Wages May Be Fixed By The Government May consist of [Sec. 4]

1.       Basic + Special Allowance (Which varies with the cost of living index)
2.       Basic + Cash value of concessional supply of materials like food, clothes, etc
3.        An all inclusive rate which includes Basic + Cost of living Allowance + Cash value of 1 concessional supply of materials

Fixing Minimum Rates of Wages [Sec. 5]


  • Publish its proposals in the official gazette asking comments from the affected parties
  • Constitute committees/sub committees for the purpose. 
  • The committees/ sub-committees and advisory boards constituted by the Government consist of equal number of members of : 

• Employers
• Employees, and
• Independent persons

Advisory Board [Sec.7]

• Appointed by appropriate government
• To co-ordinate the work of committees and sub committees appointed under Section 5

Central Advisory Board [Sec. 8]

To advise the Central and State Governments in fixation and revision of minimum rates of wages To co-ordinate the work of the Advisory Boards

Composition of Committees, etc. [Sec. 9]

Each of the committee, sub-committee and the Advisory Board shall consist of:

a. persons to be nominated by the appropriate Government
b. representing the employers and employees in the scheduled employments who shall be equal in number and
c. independent persons not exceeding one-third of its total number of members: one of such independent persons shall be appointed the Chairman by the appropriate Government.

 Correction of errors [Sec. 10]

  • By appropriate Government at any time
  • By notification in the Official Gazette
  • Correct clerical or arithmetical mistakes or errors arising from and accidental slip or omission.
  • Every such notification shall be placed before the Advisory Board for information.

 Wages in Kind [Sec. 11]

  • Minimum wages shall be paid in cash. 
  • The appropriate govt. may authorize, where there has been a custom of payment in this manner, payment of minimum wages either wholly or partly in kind 
  • The appropriate govt. may authorize supply of essential commodities at concessional rates

 Minimum paymrent  rate of wages [Sec. 12]

• The Minimum Wages has to be paid without any deductions other than Statutory Deductions.
• Payment of wages less than minimum wages on the ground of less performance or output is illegal

Normal working works [Sec. 13]

For an Adult Worker working in Factories:
·         Number of Working Hours should not exceed 48 Hours in a week with a weekly Holiday
·         The Daily Hours should not exceed more than 9 Hours with 1 Hour Rest Interval
·         Provision of Compensatory Holiday/ Overtime Wages if working on holiday

 Overtime wages [Sec. 14]

·         If the person has worked for more than 48 hours in a week then, the excess hours worked will be treated as Overtime
·         Overtime wage rate will be twice of the normal wage rate

Wages for a person who has worked less than normal working hours [Sec. 15]

·         Employer could not provide the activities of the job then, the employee is entitled to receive full salary
·         Employee has not worked due to his unwillingness then, the employee is not entitled to receive full salary

Records to be maintained [sec. 18]

The Registers should contain the following particulars-
(i)                  particulars of employed persons
(ii)                 the work performed by them
(iii)               the wages paid to them
(iv)              the receipts given by them

Claims [Sec. 20]

·         A Labour Commissioner or any other appointed authority is authorized to hear claims regarding non-payment of minimum wages
·         Any aggrieved person may apply to the authority for settling his claims within 6 months

Penalties [Sec. 22]

Offence
Punishment
Payment of less than Minimum Wages to employee
Imprisonment which may extend up to 6 Months or Fine which may extend up to Rs 500/- or Both Contracting out [Sec. 25]

Any contract or agreement, whether made before or after the commencement of this Act, whereby an employee either relinquishes or reduces his right to a minimum rate of wages or any privilege or concession accruing to him under this Act shall be null and void so far as it purports to reduce the minimum rate of wages fixed under this Act.

Power of State Government to add schedule [Sec. 27]

  • The State Government has to notify in the Official Gazette not less than three months of its intention to do so
  • Power of Central Government to give directions [Sec. 28]
  • The Central Government may give directions to a State Government as to the carrying into execution of this Act in the State.

Power of the central Government to make rules [Sec. 29]

  • Procedure to be followed in conduct business
  •  Method of voting
  •  Manner of filling of casual vacancies in membership
  • Quorum necessary for the transaction of business of the Central Advisory Board.

List of some important forms

Form No.
Rule
Description
III
21 (4a)
Annual Return
V
26 (5)
Muster Roll
X
26 (1)
Register of Wages
XI
26 (2)
Wage slip


Wednesday, February 3, 2016

The Drugs and Magic Remedies (Objectionable Advertisements) Rules, 1955. Notification No.S.R.O.512,dt.26-02-1955

      Structure of the rule                     

                                     
Rule
Content
1
Short title & Commencement
2
Definitions
3
Scrutiny of misleading misleading advertisements relating to drugs
4
Procedure to be followed in prohibiting import into & export from, India of certain advertisements
5
Manner in which advertisements may be sent confidentially
6
Prohibition of advertisement of drugs for treatment of disease, etc

The Schedule

Notifications


Scrutiny of misleading advertisements relating to drugs

Any person authorised by the state Government in this behalf may, if satisfied, that an advertisement relating to a drug contravenes the provisions of section 1 by order, require the manufacturer,packer,distributer or seller of the drug to furnish within such time as may be allowed in this behalf by the person so authorised information regarding the composition of the drug or the ingredients thereof or any other information in regard to that drug as he deems necessary for holding the scrutiny of the advertisement, and where any such the drug to which the advertisement relates to comply with the order.

Provided that no publisher or advertising agency of any medium for the dissemination of an advertisement elating to a drug shall be deemed to have made any such contravention merely by reason of the dissemination by him or it of any such advertisement, unless such publisher or advertising agency has failed to comply with any direction made by the authorised person in this behalf calling upon him or it to furnish the name and address of the manufacturer, packer,distributer, seller or advertising agency, as the case may be, who or which caused such advertisement to be disseminated.

Procedure to be followed in prohibiting import into & export from, India of certain advertisements

(1)If the customs collector has reasons to believe that any consignment contains documents of the nature referred to in section 6, he may , and if requested by an officer appointed for the purposes by the Central Government, shall detain the consignment and dispose it of in accordance with the provisions of the Sea Customs Act 1878 and shall also inform the importer or exporter of the order so passed.

Manner in which advertisements may be sent confidentially
All documents containing advertisements relating to drugs referred to in clause (c) of sub –section (1) of section 14, shall be sent by post to a registered medical practitioner by name, or to a wholesale or retail chemist, the address of such registered medical practitioner or wholesaler or retail chemist being given. Such document shall be at the top, printed in indelible ink in a conspicuous manner, the words “For the use only of registered medical practitioners or a hospital or a laboratory.

Prohibition of advertisement of drugs for treatment of disease, etc
No person shall also take part in the publication of any advertisement referring to any drug in terms which suggest or are calculated to lead to the use of that drug for the diagnosis,cure,mitigation,treatment or prevention of any disease, disorder or condition specified in the Schedule annexed to these rule.


The Schedule
 1.  Asthma
 2.  AIDS


Notifications:

1.  Permitted class of advertisements relating to drugs
(Notification: G.S.R.843)

2.  Permitted advertisements of Chemical contraceptives
(Notification No.G.S.R. 46 (E), dated 30-04-1992)

The Drugs and Magic Remedies (Objectionable Advertisements) Act 1954


STRUCTURE OF THE ACT

Section
Contents
1
Short title, extent & Commencement
2
Definitions
3,4,5,6
Prohibitions
7
Penalty
8
Power of entry, search etc
9
Offences by companies
9 A
Offences to be cognizable
10
Jurisdiction to try offences
11
Officers to be deemed to be public servants
12
Indemnity
13
Other laws not affected
14
Savings
15
Power to exempt from application of act
16
Power to make rules


The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 is an Act No. 21 of 1954
(Section 1)

It extends to the whole of India, except the state of Jammu & Kashmir.
It was came into force by Gazette notification on 1st April, 1955.

Definitions

‘drug’ includes –
(i) A medicine for the internal or external use of human beings or animals;
(ii) Any substance intended to be used for or in the diagnostic, cure, mitigation , treatment or prevention of disease in human beings or animals;
(ii) Any article, other than food, intended to affect or influence in any way the structure or any organic function of the body of human beings or animals;
(iv)Any article intended for use as a component of any medicine, substance or article, referred to in sub-clauses (i), (ii) and (iii);

Definitions- D & C act

“drug” includes

(i) all medicines for internal or external use of human beings or animals and all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings or animals, including preparations applied on human body for the purpose of repelling insects like mosquitoes;
(ii) such substances (other than food) intended to affect the structure or any function of human body or intended to be used for the destruction of vermin or insects which cause disease in human beings or animals, as may be specified from time to time by the Central Government by notification in the Official Gazette;]
(iii) all substances intended for use as components of a drug including empty gelatin capsules; and
(iv) such devices intended for internal or external use in the diagnosis, treatment, mitigation or prevention of disease or disorder in human beings or animals, as may be specified from time to time by the Central Government by notification in the Official Gazette, after consultation with the Board

‘magic remedy’ includes
A talisman, mantra, kavacha and any other charm of any kind which is alleged to possess miraculous powers for or in the diagnosis, cure, mitigation, treatment or prevention of any disease in human beings or animals or for affecting or influencing in any way the structure or any organic function of the body of human beings or animals;

‘Advertisement’
‘Advertisement’ includes any notice, circular, label, wrapper, or other document, and any announcement made orally or by any means of producing or transmitting light, sound or smoke;

‘Taking any part in the publication of any advertisement’ includes -
(i) the printing of the advertisement;
(ii) the publication of any advertisement outside the territories to which this Act extends by or at the instance of a person residing within the said territories;

PROHIBITIONS -Section 3

 Subject to the provisions of this Act, no person shall take any part in the publication of any advertisement referring to any drug in terms which suggest or are calculated to lead to the use of that drug for –
(a) the procurement of miscarriage in women or prevention of conception in women; or
(b) the maintenance or improvement of the capacity of human beings for sexual pleasure; or
(c) the correction of menstrual disorder in women; or
(d) the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the Schedule, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under this Act.

Provided that no such rules shall be made except –
(i) in respect of any disease, disorder or condition which requires timely treatment in consultation with a registered medical practitioner or for which there are normally no accepted remedies, and
(ii) after consultation with the Drug Technical Advisory Board constituted under the Drugs and Cosmetics Act, 1940(23 of 1940) and, if the Central Government considers necessary, with such order persons having special knowledge or practical experience in respect of Ayurvedic or Unani systems of medicines as that Government deems fit.

Prohibition of misleading advertisements relating to drugs
Subject to the provisions of this Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matter which –
(a) directly or indirectly gives a false impression regarding the true character of the drug; or
(b)  make a false claim for the drug; or
(c) is otherwise false or misleading in any material particular.


Prohibition of advertisement of magic remedies for treatment of certain diseases and disorders
No person carrying on or purporting to carry on the profession of administering magic remedies shall take any part in the publication of any advertisement referring to any magic remedy which directly or indirectly claims to be efficacious for any of the purpose specified in Section 3.

Prohibition of import into, and export from India of certain advertisements
No person shall import into, or export from, the territories to which this Act extends any document containing an advertisement of the nature referred to in Section 3, or Section 4, or Section 5, and any documents containing any such advertisement shall be deemed to be goods of which the import or export has been prohibited under Section 19 of the Sea Customs Act, 1878 (8 of 1878) and all the provisions of that Act shall have effect accordingly.

Penalty


Whoever contravenes any of the provisions of this Act [or the rules made there under] shall, on conviction, be punishable –
a) in the case of a first conviction, with imprisonment which may extend to six months or with fine, or with both;
b) in the case of a subsequent conviction, with imprisonment which may extend to one year, or with fine, or with both.


Powers of entry, search etc

 (1) Subject to the provisions of any rules made in this behalf, any Gazetted officer authorised by the state Government may, within the local limits of the area for which he is so authorised –
a) enter and search at all reasonable times, with such assistants, if any, as he considers necessary, any place in which he has reason to believe that an offence under this act has been or is being commited;
b) seize any advertisement which he has reason to believe contravenes any of provisions of this act;
c) Examine any record, register, document or any other material object found in any place mentioned in clause
d) and seize the same if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this act. 

(2) Provisions of the code of criminal procedure, 1898 shall may apply to any search under this act.

(3) Where any person seizes anything under clause (b) or clause (c) of sub section (1), he shall, as soon as may be inform a Magistrate and take his orders as to the custody thereof.           


Offences by companies

(1)If the person contravening any of the provisions of this Act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:

(2) Notwithstanding anything contained in sub-section (1) where an offence under this act has been committed by a company and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or other officer of the company, such director manager, secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Jurisdiction to try offences

No court inferior to that of a Presidency Magistrate or a Magistrate of first class shall try any offence punishable under this Act.

Forfeiture
Where a person has been convicted by any court for contravening any provision of this Act or any rule made there under, the court may direct that any document (including all copies thereof), article or thing, in respect of which the contravention is made, including the contents thereof where such contents are seized under clause (b) of sub-section (1) of section 8, shall be forfeited to the Government.


Officers to be deemed to be public servants
Every person authorized under section 8, shall be deemed to be a public servant within the meaning of section 21 of Indian Penal Code (Act 45 of 1860).

Indemnity
No suit, persecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

Other laws not affected
The provisions of this Act in addition to, and not in derogation of, the provisions of any other law for the time being in force.

Savings – Nothing in this Act shall apply to :


(a) any signboard or notice displayed by a registered medical practitioner on his premises indicating that treatment for any disease, disorder or condition specified in Section 3, the Schedule or the rules made under this Act, is undertaken in those premises; or

(b) any treatise or book dealing with any of the matters specified in Section 3 from a bonafide scientific or social standpoint; or

(c) any advertisement relating to any drug sent confidentially in the manner prescribed under Section 16 only to a registered medical practitioner; or

(d) any advertisement relating to a drug printed or published by the Government; or

(e) any advertisement relating to a drug printed or published by any person with the previous sanction of the Government granted prior to the commencement of the Drugs and Magic Remedies (Objectionable Advertisement) Amendment Act, 1963 (42 of 1963);

Power to exempt from application of Act

If in the opinion of the Central Government public interest requires that the advertisement of any specified drug or class of drugs 1[or any specified class of advertisements relating to drugs] should be permitted; it may, by notification in the Official Gazzette, direct that the provisions of sections 3, 4, 5 and 6 or any one of such provisions shall not apply or shall apply subject to such conditions as may be specified in the notification to or in relation to the advertisement of any such drug or class of drugs 1[or any specified class of advertisement relating to drugs].

Power to make rules

(1) The Central Government may, by notification in the Official Gazzette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may-
  1. (a) specify any [disease, disorder or condition] to which the provisions of section 3 shall apply; (b) prescribe the manner in which advertisements of articles or things referred to in clause (c) of section 14 may be sent confidentially. 

(3)Every rule made under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of session in which it is so laid or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

----------------------------------------------------------------------------

Related reading:-

Tuesday, January 26, 2016

Factory act 1948




Introduction 
In India the first Factories Act was passed in 1881. This Act was basically designed to protect children and to provide few measures for health and safety of the workers. This law was applicable to only those factories, which employed 100 or more workers. In 1891 another factories Act was passed which extended to the factories employing 50 or more workers.


Main points

• Health of worker
• Safety of worker
• Welfare of worker
• Working Hours Of Adults
• Annual Leave With wages

Factory act 1948
Definition of a Factory:-
“Factory” is defined in Section 2(m) of the Act. It means any premises including the precincts there of-
i.                     Whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on; or
ii.                   ii. Whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on;
 But does not include a mine subject to the operation of the Mines Act,1952 or a mobile unit belonging to the Armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.

The following have held to be a factory:-
i. Salt works
ii. A shed for ginning and pressing of cotton
iii. A Bidi making shed
iv. A Railway Workshop
v. Composing work for Letter Press Printing
vi. Saw Mills
vii. Place for preparation of foodstuff and other eatables

HIGHLIGHTS:
• The Factories Act, 1948 came into force on the 1st day of April,1949and extends to the whole of India. It was, in fact, extended to Dadra &Nagar Haveli, Pondicherry in 1963, to Goa in 1965 and to the State of Jammu & Kashmir in 1970.
• The Factories Act was amended in 1949, 1950, 1954, 1956, 1976 and1989.
• In Bhikusa Yamasa Kshatriya (P) Ltd. v UOI, the court observed that the Act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. For that purpose, it seeks to impose upon the owner or the occupier certain obligations to protect the workers and to secure for them employment in conditions conducive to their health and safety.

Objective of  factory act 1948:
  • To ensure adequate safety measures and to promote the health and welfare of the workers employed in factories.
  • To prevent haphazard growth of factories through the provisions related to the approval of plans before the creation of a factory.
  • To regulate the working condition in factories, regulate the working hours, leave, holidays, overtime, employment of children, women and young persons ext.
  • The Factories Act provides for the health, safety, welfare, service conditions and other aspects of workers in factories. The Act is enforced by the State Government who frame rules that ensure that local conditions are reflected in enforcement.
  • The Act as amended in 1987 also regulates the safeguards to be adopted for the use and handling of hazardous substances.
  • Regulates working condition in factories.
  • Basic minimum requirements for ensuring safety, health and welfare of workers. Applicable to all workers.
Applicable to all factories using power and employing 10 or more workers, and if not using power, employing 20 or more workers on any day of the preceding 12 months.
To improve health, welfare and safety of the workmen.


Applicability of factory act 1948.
At any place wherein manufacturing process is carried on with or without the aid of power or is so ordinarily carried on, not with standing that:
  • The number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or
  • The persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner.
The Factories Act extends to whole of India and is applicable to all factories including government factories.
 It applies to all factories employing more than 10 people and working with the aid of power or employing 20 people and working without the aid of power..
Factory however does not include a mine covered under the mines Act, 1952, a mobile unit of the armed forces, a railway shed or a hotel, restaurant or eating place.

Importance of factory act 1948
No adult worker shall be required or allowed to work in a factory:-
(i) for more than forty-eight hours in any week; and/ or
(ii) for more than nine hours in any day. Where a worker works in a factory for more than nine hours in anyday or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.
The “ordinary rate of wages” means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.
Where a worker is deprived of any of the weekly holidays, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.
The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.

  • Adequate provisions have been made for enforcement of the provisions of the act by appointing factory inspectors.
  •  Provisions are also made for appointment of occupier of factory and various obligations of the occupier have been set out in the act.
  • Additional provisions have been made for various offences and penalties for the offences.
  •   Detailed provisions are also made for the working hours, holidays, leaves, leave with wages and overtime payment, etc.
  • separate provisions are made for employment of young persons, which include children and adolescents. The employment of children below 14 years of age was stopped.
Employer to ensure health of workers pertaining to
• Cleanliness Disposal of wastes and effluents - Sec 12
• Ventilation and temperature dust and fume - Sec 13
• Overcrowding Artificial humidification Lighting – Sec. 14
• Drinking water Spittoons. - Sec. 18


Safety Measures
  • Fencing of machinery – Sec. 21
  • Work on near machinery in motion. – Sec 22
  • Employment prohibition of young persons on dangerous machines. –Sec 23
  • Striking gear and devices for 25 
  • Self-acting machines.- Sec cutting off power. – Sec 24 
  • Casing of new machinery.- Sec 26 
  • Prohibition of employment of women and children near cotton- openers.- Sec 27 
  • Hoists and lifts.- Sec 28.
Welfare Measures
  • Washing facilities – Sec 42
  • Facilities for storing and drying clothing – Sec 43
  • Facilities for sitting – Sec 44
  • First-aid appliances – one first aid box not less than one for every 150 workers–Sec 45
  • Canteens when there are 250 or more workers. – Sec 46
  • Shelters, rest rooms and lunch rooms when there are 150 or more workers. –Sec 47
  • Creches when there are 30 or more women workers. – Sec 48
  • Welfare office when there are 500 or more workers. – Sec 49
Working Hours, Spread Over & Overtime of Adults
  •  Weekly hours not more than 48 - Sec: 51
  •  Daily hours, not more than 9 hours. - Sec: 54
  •  Intervals for rest at least ½ hour on working for 5 hours. - Sec: 55
  •  Spread over not more than 10½ hours. - Sec: 56
  •  Overlapping shifts prohibited. - Sec: 58
  •  Extra wages for overtime double than normal rate of wages - Sec:59
  • Restrictions on employment of women before 6AM and beyond 7 PM. -Sec: 60
11. Annual Leave with Wages
  • A worker having worked for 240 days @ one day for every 20 days and for a child one day for working of 15 days.
  • Accumulation of leave for 30 days. Sec. 79

12.  Sec.92 to 106
OFFENCE  

PENALTIES

1.      For contravention of the Provisions of the Act or Rules
Imprisonment upto 2 years or fine upto Rs.1,00,000 or both
2.      On Continuation of contravention
Rs.1000 per day
3.      On contravention of Chapter IV pertaining to safety or dangerous operations.
Not less than Rs.25000 in case of death
4.      Subsequent contravention of some provisions
Not less than Rs.5000 in case of serious injuries. Imprisonment upto 3 years or fine not less than Rs.10, 000 which may extend to Rs.2, 00,000. Obstructing Inspectors

5.      Obstructing Inspectors
Imprisonment upto 6 months or fine upto Rs.10, 000 or both.
6.      Wrongful disclosing result pertaining to results of analysis.
Imprisonment upto 6 months or. fine upto Rs.10, 000 or both.
7.      For contravention of the provisions pf Sec.41B, 41C and 41H pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work
Imprisonment upto 7 years with fine upto Rs.2, 00,000 and on continuation fine @ Rs.5, 000 per day. Imprisonment of 10 years when contravention continues for one year.imminent danger.