Judgment Search Results Home > Cases Phrase: factories act 1948 chapter ii the inspecting staff Page 1 of about 454 results (0.100 seconds)

Indian Mica Micanite Industries Vs. the State of Bihar and ors.

Court : Supreme Court of India

Reported in : AIR1971SC1182; 1973(0)BLJR502; 37(1971)CLT539(SC); (1971)2SCC236; [1971]SuppSCR319

..... after examining the various provisions of the factories act, 1948 and the rules framed this court came to the conclusion that a large number of provisions of the act, particularly in the chapters dealing with safety involve a good deal of technical knowledge and in the course of their discharge of duties and obligations the inspectors are expected to give proper advice and guidance so that there may be due compliance with the provisions of the act. ..... (one of us) laid down that in each case when the question arises whether the levy is in the nature of a fee the entire scheme of the statutory provisions, the duties and obligations imposed on the inspecting staff and the nature of the work done by them will have to be examined for the purpose of determining the rendering of the services which would make the levy a fee. ..... section 527(43) permits by-laws to be framed for regulating the inspection, supervision and control, among others, of cinema houses; but it is not obligatory to make such by-laws and therefore, there may be no services to render. .....

Electronics Corporation of India Limited Vs. State of Andhra Pradesh R ...

Court : Andhra Pradesh

..... factories act, 1948 notwithstanding anything contained in the factories act, 1948, the authority to administer the said act, and to do all things for the enforcement of its provisions, including the appointment of inspecting staff and the making of rules thereunder, shall, vest in the central government in relation to any factory owned by the central government or any authority or corporation established by it or a government company and engaged in carrying out the purposes of this act. ..... chapter ii of the act dealt with the inspecting staff of factories ..... chapter viii of the factories act dealt with the annual leave with wages that are to be provided to the labour in the factories ..... chapter x of the factories act dealt with penalties and the procedure to ..... chapter v of the factories act devoted to the welfare measures to be deployed at the factories while chapter vi dealt with the working hours of the adults at the factories ..... which are required to be made are all provided in chapter ix of the act. ..... chapter iv dealt with safety aspects of the labour in the factories and provided for all conceivable details for securing the safety of the ..... chapter iii of the act dealt with various aspects relating to heath conditions of labour employed in factories ..... which is included in chapter vii specifically prohibited employment of children who have not completed 14 years of age to work in any factory. ..... supplemental provisions have been incorporated in chapter xi, which commences with sections 107 .....

Indian Railway Construction Co. Ltd. and Another Vs. Lal Mohammad and ...

Court : Allahabad

Reported in : 1998(3)AWC1761; (1998)2UPLBEC1578

..... chapter ii of this act provides for the inspecting staff. ..... the whole area over which the railway line is constructed cannot be held to be a factory and consequently, the provisions of chapter vb of the act cannot apply to the establishment of the appellants. ..... for the applicability of provisions of chapter vb, the establishment of the appellant should be a factory as defined in section 2(m) of the factories act. ..... in absence of any such averment, it is difficult to hold that the establishment of the appellants was a factory so as to attract the provisions of chapter vb of the industrial disputes act.11. ..... the relevant part of section 2(m) of the factories act reads as follows :'factory' means any premises including the precincts thereof : (i) whereon ten or more workers are 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) 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 ..... section 6 of the factories act, 1948 deals with approval, licensing and registration of factories. .....

S.M. Datta Vs. State of Gujarat and anr.

Court : Supreme Court of India

Reported in : AIR2001SC3253; 2001(2)ALD(Cri)553; 2001CriLJ4195; 2001(4)Crimes206(SC); [2001(91)FLR853]; JT2001(6)SC631; (2002)ILLJ3SC; 2001(5)SCALE457; (2001)7SCC659; 2001(4)SCT248(SC);

..... detailed provisions are therefore made in diverse chapters of the act imposing obligations upon the owners of the factories to maintain inspecting staff and for maintenance of health cleanliness, prevention of overcrowding and provision for amenities such as lighting, drinking water, ..... this way, the aforesaid accused has violated the provisions of section 63 of the factory act, 1948 by allowing the said worker/ordering him to work without putting note against his name in the attendance register of the adult workers and against the working hours shown in the notice form ..... the petitioner, invoking the revisionary power of the courts, was admittedly the vice chairman of the company and at the material time the 'occupier' under the factories act, 1948 ..... the factories act, 1948 cannot but be ascribed to be a beneficial piece of legislation and the requirement of section 61, in particular, sub-section 1 & 2 of section 61 can be easily deciphered since the intent stands clear enough to indicate that an adult worker must know his daily placement and daily workings before hand - this placement before hand is the requirement of the statute in section 63 and in the event of non-compliance, there is a liability for ..... the factories act 1911 was amended from time to time but it could not meet the required growing activities in the country specially after the second world war by reasons wherefor, factories act 1948 was engrafted in the statute book where emphasis had been on the welfare of the .....

Vasantha R. Vs. Union of India (Uoi) and ors.

Court : Chennai

Reported in : (2001)IILLJ843Mad

..... hacking back to the provisions of the factories act, 1948, in chapter vi, provisions have been made with respect to the regulation of working hours of adults. ..... detailed provisions are therefore made in diverse chapters of the act imposing obligations upon the owners of the factories to maintain inspecting staff and for maintenance of health, cleanliness, prevention of overcrowding and provision for amenities such as lighting, drinking water, etc. ..... as a result of which, even the petitioners have confined their challenge to sub-section (1) of section 66, consequent to this court striking down section 66(1)(b), the remaining provision of the said sub-section namely 66(1)(b) and the proviso of the factories act, 1948, not being severable, also will have to suffer the same consequence. ..... in the above batch of writ petitions, the petitioners respectively most of the petitioners being women and some of them being the management of various mills or factories where the provisions of the factories act, 1948, are being implemented, have advanced identical challenge to section 66(2) of the factories act 1948, as arbitrary unconstitutional and violative of articles 14, 15 and 19(1)(g) of the constitution. .....

Gujarat Beedi Karkhana Owners' Association and Ors. Vs. Union of India ...

Court : Gujarat

Reported in : (1971)GLR690; (1972)ILLJ253Guj

..... detailed provisions were, therefore, made in diverse chapters of the act imposing obligations upon the owners of the factories to maintain inspecting staff and for maintenance of health, and provisions for amenities such as lighting, drinking water etc. ..... though at present the factories act, 1948, applied to such establishments, there has been a tendency on the part of employers to split their concerns into smaller units and thus escape from the provisions of the said act. ..... 247, that the factories act, 1948, would cover these establishments in which beedi making was carried on because the expression 'employed' in s. ..... 2(1) of the factories act, 1948, by laying down that there must be a contract of service and a relationship of master and servant for falling within the terms of that definition. ..... 2(1) of the 'worker' in the factories act, 1948, as well as in s. ..... 2(1) of the factories act 1948, such contract labour and such home-workers could not be deemed to be workers, and they were deprived of their rights under this labour welfare measure. ..... b : whether the act imposes unreasonable restriction of trade or business : we have already exhaustively considered the circumstances and the background in which this legislation had to be passed to meet a crying necessity which had arisen because the employers were adopting devices of disintegrating factories and of employing contract labour and home-workers so that they could wriggle out of the provisions of the factories act, 1948. .....

Lanco Anpara Power Ltd. Vs. State of Uttar Pradesh and Ors.

Court : Supreme Court of India

..... detailed provisions are, therefore, made in diverse chapters of the act imposing obligations upon the owners of the factories to maintain inspecting staff and for maintenance of health, cleanliness, prevention of overcrowding and provision for amenities such as lighting, drinking water, etc. ..... , wireless, radio, television, telephone, telegraph and overseas communication dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aquaducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the appropriate government, by notification but does not include any building or other construction work to which the provisions of the factories act, 1948 (63 of 1948), or the mines act, 1952 (35 of 1952), apply. ..... the appellants had submitted that section 2(d) of the bocw act which defines 'building or other construction work' specifically states that it does not include any building or construction work to which the provision of the factories act, 1948 or the mines act, 1952 apply. ..... the appellant, in respect of the aforesaid project, made an application to the director of factories, uttar pradesh, submitting the layout/drawings of the proposed plants and requesting for registration of the project as a factory under the provisions of the factories act, 1948 and the uttar pradesh factories rules, 1950. .....

Catering Cleaners of Southern Railway Vs. Union of India (Uoi) and anr ...

Court : Supreme Court of India

Reported in : AIR1987SC777; [1987(54)FLR476]; JT1987(1)SC376; 1987LabIC619; (1987)ILLJ345SC; 1987(1)SCALE240; (1987)1SCC700; [1987]2SCR164; 1987(2)SLJ23(SC); 1987(1)LC560(SC)

..... specify in this behalf,(ii) in a factory, the owner or occupier of the factory and where a person has been named as the manager-of the factory under the factories act, 1948, the person so named,(iii) in a mine, the owner or agent of mine and where a person has been named as the manager of the mine, the person so named,(iv) in any other establishment, any person responsible for the supervision and control of the establishment.explanation: for the purpose of sub-clause (iii) of this clause, the expressions 'mine', 'owner' and 'agent' shall have the meanings respectively assigned to them ..... in clause, (j), clause (1) and clause (c) of sub-section (1) of section 2 of the mines act, 1952.8. ..... section 28 provides for appointment of inspecting staff. ..... chapter ii of the rules relates to matters pertaining to the central board, while chapter iii of the rules deals with registration of establishments and licensing of contractors. .....

A.P. Paper Mills Ltd. Vs. Government of A.P. and anr.

Court : Supreme Court of India

Reported in : AIR2000SC3290; 2000(4)ALLMR(SC)862; [2000(87)FLR610]; 2000(6)SCALE586; (2000)8SCC167; [2000]Supp3SCR513

..... chapter ii (sections 8 to 10) of the act contains the provisions regarding the inspecting staff and the powers conferred on them. ..... suffice it to state that the main grounds on which the revised license fee was challenged were(i) that the factories act, 1948 (hereinafter referred to as the 'act') does not impose license fee as there is no charging section (ii) that the fee imposed amounts to a fee on production of goods and therefore it is a 'tax'. ..... of this court considered the question whether the fee charged for annual renewal of license to run a factory is in reality a tax or fee and further whether maintenance of inspectors provides quid pro quo for fee, this court observed:in the return which was filed in the high court to the writ petition it was stated in paragraph 8 that the fees were being charged for the running of the whole establishment including the factory inspectorate which in its turn 'provides free inspection and expert technical advice ..... the high court recorded the finding that the facts and circumstances mentioned in the counter affidavit clinchingly establish that the government is rendering services to the factories as provided under the act and also other acts where obligation is imposed on the inspector of factories, and therefore, the contention raised on behalf of the petitioners that there is no quid pro quo in the fee collected and the services rendered by the department is not tenable. .....

The Delhi Cloth and General Mills Co. Ltd. Vs. the Chief Commissioner, ...

Court : Supreme Court of India

Reported in : AIR1971SC344; [1970(20)FLR33]; (1969)3SCC925; [1970]2SCR348

..... chapter ii provides for the inspecting staff. ..... gokhale the inspectors only carry out the duties laid on them under the act and all that they have to do is to ensure that the statutory provisions and the rules are carried out properly and launch prosecutions against factory owners under the provisions of chapter x of the act in case of any breach or default on the part of the factory owners. ..... this is an appeal from a judgment of the punjab high court (circuit bench, delhi) involving the question of the validity of 7 read with rule 5 and its schedule of the delhi factories rules 1950 made under section 112 of the factories act 1948, hereinafter called the act. ..... , who delivered the judgment of the division bench was of the view that the work carried out by the inspectors under the act of seeing that all its beneficent provisions for the health and welfare of the workers employed in the factories were fully implemented must definitely be regarded as services rendered in return for the fee levied for the annual renewal of the licence for the factory. ..... , to factory owners in matters connected with safety, health welfare and the allied matters in respect of compliance with the provisions of the factories act'. .....