Thursday, August 28, 2014

Offences under Factories Act 1948

Section 92 - GENERAL PENALTY FOR OFFENCES

Contravention of this act
imprisonment for 2 years of Fine upto 1 lakh or both
On continuation of contravention
Rs. 1000 per day, till the contravention is continued
Contravention of chapter IV Pertaining to safety or dangerous operation
not less than 25000 in case of death and not less than 5000 in case of serious injuries


Section 93 - LIABILITY OF OWNER OF PREMISES IN CERTAIN CIRCUMSTANCES

1.       Where in any premises separate buildings are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services
2.       Where in any premises, independent or self-contained, floors or flats are leased to different occupiers for use as separate factories, the owner of the premises shall be liable as if he were the occupier or manager of a factory, for any contravention of the provisions of this Act

Section 94 - ENHANCED PENALTY AFTER PREVIOUS CONVICTION

Subsequent contravention of some provisions (Under sec. 92) – Imprisonment upto 3 years or fine Rs. 10000 – 2 Lakh or both

Section 95 - PENALTY FOR OBSTRUCTING INSPECTOR

Imprisonment upto 6 months or fine upto Rs. 10000 or both

Section 96 - PENALTY FOR WRONGFULLY DISCLOSING RESULTS OF ANALYSIS UNDER SECTION 91

Imprisonment upto 6 months or fine upto Rs. 10000 or both

Section 96A - PENALTY FOR CONTRAVENTION OF THE PROVISIONS OF SECTIONS 41B, 41C AND 41H
·         Imprisonment for 7 years with find upto Rs. 2 Lakh
·         On continuation – Rs. 5000, till contravention continued
·         Imprisonment for 10 years if contravention continues for 1 year

Section 97 - OFFENCES BY WORKERS
For contravention of this act – fine of Rs. 500

Section 98 - PENALTY FOR USING FALSE CERTIFICATE OF FITNESS
Imprisonment for a term which may extend to 2 months or fine of Rs. 1000 or both

Section 99 - PENALTY FOR PERMITTING DOUBLE EMPLOYMENT OF CHILD
Fine of Rs. 1000

Section 107 – APPEALS
The manager of the factory may appeal witin the 30 days of the service of the order

Section 111 - OBLIGATIONS OF WORKERS
1.       Shall not wilfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers
2.       Shall not wilfully and without reasonable cause do anything likely to endanger himself or others;
3.       Shall not wilfully neglect to make use of any appliance or other thing provided in the factory for the purposes of securing the health or safety of the workers
4.       In case of Contravention – imprisonment upto 3 months  or fine upto Rs. 100 or both

Section 111A - RIGHT OF WORKERS, ETC.
Every worker has 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 himself 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 his representative in the matter of inadequate provision for protection of his health or safety in the factory

Various Schedules –

Schedule I
List of industries involving hazardous process
Schedule II
Permissible levels of certain chemical substances in work environment
Schedule III
List of Notifiable Diseases