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Factories Act, 1948 Section 90

Title : Power to Direct Enquiry into Cases of Accident or Disease

State : Central

Year : 1948

(1) The State Government may, if it considers it expedient so to do, appoint a competent person to inquire into the causes of any accident occurring in a factory or into any case where a disease specified in 1 [the Third Schedule] has been, or is suspected to have been contracted in a factory, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry. (2) The person appointed to hold an inquiry under this section shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects, and may also, so far as may be necessary for the purposes of the inquiry, exercise any of the powers..... View Complete Act      List Judgments citing this section

Factories Act, 1948 Section 97

Title : Offences by Workers

State : Central

Year : 1948

( 1 ) Subject to the provisions of section 111 , if any worker employed in a factory contravenes any provision of this Act or any rules or orders made thereunder, imposing any duty or liability on workers, he shall be punishable with fine which may extend to1[five hundred rupees]. ( 2 ) Where a worker is convicted of an offence punishable under sub-section ( 1 ) the occupier or manager of the factory shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention. ______________________ 1. Substituted by Act 20 of 1987, section 3 5, for " twenty rupees" ( w.e.f. 1-12-1987). View Complete Act      List Judgments citing this section

Factories Act, 1948 Section 99

Title : Penalty for Permitting Double Employment of Child

State : Central

Year : 1948

If a child works in a factory on any day on which he has already been working in another factory, the parent or guardian of the child or the person having custody of or control over hi m or obtaining any direct benefit from hi s wages, shall be punishable with fine which may extend to1[one thousand rupees], unless it appears to the Court that the child so worked without the consent or connivance of such parent, guardian or person. ______________________ 1. Substituted by Act 20 of 1987, section 37, for "fifty rupees" (w.e.f. 1-12-1987 ). View Complete Act      List Judgments citing this section

Factories Act, 1948 Section 102

Title : Power of Court to Make Orders

State : Central

Year : 1948

(1) Where the occupier or manager of a factory is convicted of an offence punishable under this Act the Court may, in addition to awarding any punishment, by order in writing require him, within a period specified in the order (which the court may, if it thinks fit and on application in such behalf, from time to time extend) to take such measures as may be so specified for remedying the matters in respect of which the offence was committed. (2) Where an order is made under sub-section (1) the occupier or manager of the factory, as the case may be, shall not be liable under this Act in respect of the continuation of the offence during the period or extended period, if any, allowed by the Court, but if, on the expiry of such period or extended period, as the case may be, the order or..... View Complete Act      List Judgments citing this section

Factories Act, 1948 Section 103

Title : Presumption as to Employment

State : Central

Year : 1948

If a person is found in a factory at any time, except during intervals for meals or rest, when work is going on or the machinery is in motion, he shall until the contrary is proved, be deemed for the purposes of this Act and the rules made thereunder to have been at that time employed in the factory. View Complete Act      List Judgments citing this section

Factories Act, 1948 Section 107

Title : Appeals

State : Central

Year : 1948

(1) The manager of a factory on whom an order in writing by an Inspector has been served under the provisions of this Act or the occupier of the factory may, within thirty days of the service of the order, appeal against it to the prescribed authority, and such authority may, subject to rules made in this behalf by the State Government, confirm, modify or reverse the order. (2) Subject to rules made in this behalf by the State Government (which may prescribe classes of appeals which shall not be heard with the aid of assessors), the appellate authority may, or if so required in the petition of appeal shall, hear the appeal with the aid of assessors, one of whom shall be appointed by the appellate authority and the other by such body representing the industry concerned as may be..... View Complete Act      List Judgments citing this section

Factories Act, 1948 Section 111A

Title : Right of Workers, Etc

State : Central

Year : 1948

1[ 111A . Right of workers, etc Every worker shall have the right to-- (i) obtain from the occupier, information relating to workers' health and safety at work , (ii) get trained within the factory wherever possible, or, to get hi mself sponsored by the occupier for getting trained at a training centre or institute, duly approved by the Chief Inspector, where training is imparted for workers' health and safety at work, (iii) represent to the Inspector directly or through hi s representative in the matter of inadequate provision for protection of hi s health or safety in the factory. ] ______________________ 1. Inserted by Act 20 of 1987, section 41 (w.e.f. 1-12-1987). View Complete Act      List Judgments citing this section

Cotton Ginning and Pressing Factories Act, 1925 Section 8

Title : Liability or Transfer of Ownership

State : Central

Year : 1925

(1) On a transfer of the ownership of a cotton ginning or pressing factory, the transferor shall hand over to the transferee the registers maintained under section 3, and the transferee shall forthwith report to the prescribed authority any default of the transferor in complying with provisions of this sub-section or in maintaining the registers in accordance with provisions of section 3. (2) If default is made in handing over any register or making any report as required by sub-section (1), the transferor or the transferee, as the case may be, shall been punished with fine which may extend to fifty rupees. View Complete Act      List Judgments citing this section

Factories Act, 1948 Section 8

Title : Inspectors

State : Central

Year : 1948

(1) The State Government may, by notification in the Official Gazette, appoint such persons as possess the prescribed qualification to be Inspectors for the purposes of this Act and may assign to them such local limits as it may think fit. (2) The State Government may, by notification in the Official Gazette, appoint any person to be a Chief Inspector who shall, in addition to the powers conferred on a Chief Inspector under this Act, exercise the powers of an Inspector throughout the State. 1[(2A) The State Government may, by notification in the Official Gazette, appoint as many Additional Chief Inspectors, Joint Chief Inspectors and Deputy Chief Inspectors and as many other officers as it thinks fit to assist the Chief Inspector and to exercise such of the powers of the Chief..... View Complete Act      List Judgments citing this section

Factories Act, 1948 Section 12

Title : Disposal of Wastes and Effluents

State : Central

Year : 1948

1[( 1 ) Effective arrangements shall be made in every factory for the treatment of wastes and effluents due to the manufacturing process carried on therein, so as to render them innocuous, and for their disposal.] ( 2 ) The State Government may make rules prescribing the arrangements to be made under sub-section ( 1 ) or requiring that the arrangements made in accordance with sub­-section ( 1 ) shall be approved by such authority as may be prescribed. ______________________ 1. Substituted by Act 94 of 1976, section 9, for sub-section (1) (w.e.f. 26-10-1976). View Complete Act      List Judgments citing this section


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