ACTS

ACTS

Factory Act,1948

The working conditions in a factory should ensure health and safety of the workers and other employees.

The Factories Act,1948 is a comprehensive document covering various aspects of design and operation of factories and regulates the working conditions.

Salient Provisions

Factory Act,1948 covers the following

Licensing and Registration

Health

Safety

Welfare

Hours of work

Employment of young persons

Leave

Some Definitions

Adult is a person above eighteen years of age.

Adolescent is a person of fifteen years but less than eighteen years of age.

Child is a person below the age of fifteen.

Young person under the age of eighteen years. He may be a child or adolescent.

Day means a period of twenty four beginning at midnight.

Week is a period of seven days beginning at midnight on any night approved by the Chief Inspector of Factories.

Power is electrical energy or mechanical energy but not generated by human or animal power.

Prime power is a machine to provide or generate power.

Machinery includes prime movers, transmissions machinery or driven machinery.

Manufacturing Process is any process for

- Making, altering, repairing, ornamenting finishing, packing, oiling, washing, cleaning, breaking up, demolishing or treating or adopting any article or substance for use, sale, transport, delivery or disposal.

Pumping oil, water, sewage or any other substance

Generating, transforming or transmitting power.

Composing, printing by press, lithography or other similar process

Constructing, reconstructing, repairing, refittering, finishing, breaking up of ships or vessels

Preserving or storing any articles in cold storage.

Worker is a person employed directly or through an agency for wages or otherwise for any manufacturing process or cleaning the manufacturing process.

Factory is any premises

Where ten or more workers are working on any day during last twelve months and manufacturing is done with the aid of power.

Where twenty or more workers are working or were working on any day during last twelve months and manufacturing is done without the aid of power.

Occupier of factory is a person who has ultimate control over the affairs of the factory or where the above affairs are entrusted to a managing agent. The managing agent shall be deemed to be occupier of the factory.

Licensing and Registration

As per the Act, the occupier should, at least 15 days before he occupies a place as a factory, will send to the chief inspector of factories a notice containing:

Name and address of occupier

Name and address of factory

Nature of manufacturing process

Power to be used

Number of workers likely to be employed

Any other relevant information

Health

Section 11 to 23 contained in chapter III of the Factories Act 1948 deal with the health of workers in a factory. These provisions are as follows

Cleanliness: Every factory must be kept clean by following methods:

Removal and disposal of dirt and refuse from floors, benches etc. everyday.

Washing the floors of work room at least once every week using disinfectant.

Effective means of drainage to avoid collection of water.

Painting is to be done at least once in 5 years.

Whitewashing is to be carried out at least once in 14 months.

(ii) Disposal of waste and effluents and suitable arrangements should be made for the disposal of wastes and effluents due to the manufacturing process.

(iii) Ventilation and temperature: Effective and suitable provision shall be made for maintaining in every work room

Adequate ventilation by fresh air circulation

Suitable temperature to provide conditions of comfort and prevent injury to the health of workers.

(iv) Dust and fumes:- Employer shall take necessary steps to keep work room free from dust or offensive or injurious to the health of workers.

(v) Artificial Humidification: In all factories like textile factory, in which the humidity is to be artificially increased, the state government may make the rules for the following

Prescribing standards of humidification

Regulating the methods for artificially increasing the humidity of air.

Directing prescribed tests for determining the humidity of air.

Methods to be adopted for securing adequate ventilation and cooling of the air in the work rooms.

Over-Crowding

(a) No work room will be overcrowded to an extent, which is injurious to the health of workers.

(b) The minimum space provided for a worker should be 500 cubic feet(14 m3)

(c) The chief inspector may post a notice in the work room indicating the maximum number of workers who may be employed in that room.

Lighting:- Every part of the factory must be provided with sufficient and suitable lighting, natural or artificial or both. Effective provision must be made for the prevention of glare and the formation of shadows likely to cause eyestrain. The government may prescribe standards of sufficient and suitable lighting.

Drinking Water:- Arrangements shall be made to provide drinking water. The points for supply of drinking water should not be situated within 20 feet of any washing place, urinal or latrines. Factories employing over 250 workers are required to provide cool drinking water during hot weather.

Latrines and Urinals

(a) Sufficient latrine and urinal accommodation is to be provided.

(b) Separate enclosed accommodation shall be provided for male and female workers.

(c) These should be well lighted, ventilated and maintained clean at all times.

Spittoons

(a) There should be a sufficient number of spittoons at convenient places and maintained in clean hygienic condition.

Safety

Fencing of machinery

Work on near machinery in motion

Employment of young persons on dangerous machines

Hoists and Lifts

Lifting machines, chains, ropes and lifting tackles

Pressure plants

Floor, stairs and means of access

Pits, sumps, opening in floor etc.

Excessive weights

Protection of eyes

Precaution against dangerous fumes

Explosives or Inflammable dust, gas etc.

Explosives or Inflammable dust, gas etc.

Precautions in case of fire

Welfare

Welfare measures are adopted to increase the productive efficiency of workers. Important welfare measures as per act are given below.

Washing facilities

Facilities for sitting

First aid appliances

Canteens

Shelters, rest rooms and lunch room

Crches

Welfare Officers

Working Hours

Daily Hours

Weekly Hours

Weekly holidays

Extra wages for overtime

Register of adult workers

Employment of young persons

Leave

THE WATER (PREVENTION AND CONTROL OF POLLUTION)ACT,1974

Object: This Act has been passed on water pollution

The prevention and control of water pollution.

The maintaining or restoring wholesomeness of water.

The establishing of Boards for prevention and control of water pollution.

Fine is generally little as compared to expenditure involved in compliance of standards.

Information about the polluting establishments is not readily available to other citizens.

The Act is not applicable in whole of India. It applies to those states which have requested the parliament to pass it and those which may subsequently adopt it. Applicable in all union territories.

Definition of Water Pollution: Since the Act is to prevent and control pollution of water, therefore, it has given elaborate definition of pollution which are given below:

Pollution means:

Contamination of water

Alternation of the physical, chemical or biological properties of water.

Discharge of sewage or trade effluents

Central Board

The Act provides for constitution of central board for prevention and control of water pollution. The central board is under control of Govt. Of India.

It consists

One full time Chairman

Not more than five officials nominated by Central Government.

Not more than five persons nominated by the central govt from among the members of State Boards.

Not more than three officials nominated by the govt to represent interests of agriculture, fishery, industry and trade etc.

Two persons nominated by Government to represent companies or corporations of the Govt.

One full time member secretary.

State Boards: The state Govt may constitute a State Pollution control Board consisting of following members:

One full time Chairman

Not more than five officials nominated by the government from amongst the members.

Functions of State Board

To advise State Government regarding water pollution control or location of industries.

To plan programme for prevention and control or abatement of water pollution.

To conduct and encourage research relating to water pollution

To conduct and encourage research relating to water pollution.

To seek guidance and training of persons connected with prevention, control or abatement of water pollution from Central Board.

To inspect effluents and treatment plants

To lay down standards of effluents

To evolve economical and reliable methods and lay down standards for treatment of sewage and trade effluents.

To evolve methods for utilisation or disposal of treated sewage and effluents.

To perform such functions as may be entrusted by Central Board or State Government

To establish or recognise laboratories for analysis of samples.

Power of Board

Every industrial house must obtain consent from State Board about the method of treatment and disposal of sewage or trade effluent, amount, contents and place or discharge into a stream or well.

It has the power to obtain information from individuals about removal or discharge of water.

To take samples of any sewage or trade effluent, water from any stream and well.

To enter any premises and inspect any plant, record, register, document and conduct of a place if the authority has reason to believe that an under this act has been committed in residential areas.

In case of any emergency or pollution causing accident, the Board can take remedial in writing that may include restraining or prohibiting discharge of pollution.

Normally the Board makes an application to court after detecting an offence for giving injunctive, restraining an establishment from causing pollution of water in stream or well.

Penalties

Punishment, in case of failure to provide information or comply with directions of the Board, a person on conviction by Court, is liable to be punished with imprisonment upto three months or/ and a fine of upto 10,000 rupees. In case the failure continues he can be punished with an additional fine of upto Rs 5000 per day during which such failure continues. A person convicted of causing pollution due to non observance of standards is liable to be inprisoned for 1Vz years or and fine of upto ten thousand rupees.

Limitation

The Act does not provide for involvement of people or voluntary agencies in its implementation.

Power of the Board is largely advisory in nature. Even the consent application would be deemed to have been cleared if the authorities do not communicate the same within four months.

The Board can take remedial measures only in the event of accidents or unforeseen occurrences.

Normally the Board is to take recourse to court of law which takes a long time to come to the conclusion. By that time sufficient harm is done to water courses.

Provision for giving 60 days notice by a private agency excludes the chance for immediate remedial action.

THE AIR(PREVENTION AND CONTROL OF POLLUTION) ACT,1981

Object: The main object of this Act is to prevent, control and abate air pollution

Application : Unlike the water pollution control Act, this Act is applicable in whole of India.

Definition

Air pollution means the presence in the atmosphere of any air pollutant.

Air pollution means any solid, liquid or gaseous substance present in the atmosphere in such quantity as may be injurious to human beings other living creatures or plants or property or environment.

Functions of Central Board

To improve quality of air in the country.

To prevent or control air pollution in the country.

To advise the Central Government and state Board on any matter related to the improvement of air quality or control of air pollution.

To plan and execute programmes for control of air pollution on nation wide scale.

To arrange training programmes for prevention and control of air pollution.

To co-ordinate activities of the State Boards.

To collect and publish technical and statistical data on air pollution.

To lay down standards for quality of air.

To provide on arrange sponsorship for investigations and research relating control and prevention of air pollution.

To establish laboratories.

Functions of State Board

To improve quality of air in the country.

To prevent or control air pollution in the country.

To advise the Central Government and State Board on any matter related to the improvement of air quality or control of air pollution.

To plan and execute programmes for control of air pollution on nation wide scale.

To arrange training programmes for prevention and control of air pollution.

To co-ordinate activities of the State Boards.

To collect and publish technical and statistical data on air pollution.

To lay down standards for air quality of air.

To provide on arrange sponsorship for investigations and research relating control and prevention of air pollution.

To establish laboratories.

Functions of State Board

To plan programmes for prevention and control of air pollution

To co-operate with Central Board to collect and distribute information regarding air pollution control programmes.

To advise the state govt. Regarding matters related to air pollution within state.

To inspect various industrial plants and control equipment and give necessary orders to prevent and control air pollution

To inspect air quality in air pollution control areas from time to time.

To suggest necessary steps to be taken to control air pollution in pollution control areas

To lay down standards for emission of air pollutants within the state.

To set up laboratories.

Power of the Board

To recommend to State Govt to declare any areas within the state as air pollution control area.

On the recommendation of State Board, the State Government can direct any industry to use only approved appliances. It can prohibit the burning of any material.

Every industrial establishment has to move application of consent. After making inquiry and studying details, the State Board shall refuse or grant the consent subject to such conditions like specifications of control equipment, its periodic checking, alternations and replacement and specifications of chimney.

The board can restrict industrial operations in air pollution control areas.

It can withdraw conscent given to any industry and impose new conditions.

The Board can give instruction to authorities under Motor Vehicles Act regarding standards for automobile emission.

Board officials have the power to enter any premises at all reasonable times and inspect compliance with requirement of the Act.

To call information from any industry with regard to pollutants emitted into atmosphere.

To take air or emission samples for analysis.

In case of any emergency due to accidents or unforeseen events causing pollution in pollution control area, the Board can take remedial action in writing.

The Indian Partnership Act,1932

1.Partnership deed

Partnership is an agreement between persons to carry on a business. The agreements entered into between partners may be either oral or written. But, it is always desirable to have a written agreement so as to avoid misunderstanding and unnecessary litigations in future. When the agreement is in written form, it is called Partnership Deed.

Partnership deed generally contains the following

Name of the firm

Nature of the business

Names of partners

Place of business

Amount of capital to be capital to be contributed by each partner

Profit sharing ratio between the partners

Loans and advances from the partners and the rate of interest thereon

Profit sharing ratio between the partners.

Loans and advances from the partners and the rate of interest thereon

Amount of salary and commission if any payable to the partners.

Duties, powers and obligations of partners

Maintenance of accounts and arrangement for their audit.

2. Registration of the firm

Registration form should contain following information:

The firm name

The name of business place

Names of other places where the firm is carrying on its business

Date of common cement of business

Full names and permanent addresses of all partners.

The duration of the firm.

3. Dissolution of firm

There is a difference between the dissolution of partnership and dissolution of firm. In case of dissolution of partnership, the business of the firm does not come to an end but there is a new agreement between the remaining partners.

Following are the various ways in which a firm may be dissolved:

Dissolution by Agreement

Compulsory Dissolution

Dissolution due to contingencies

Dissolution by Court

4. Settlement of Accounts on Dissolution

Payment of debts due to the third parties

Rateable payment of loans and advances made by the partners to the firm

Payment of partners capital

Payment of surplus

Workman's Compensation Act, 1923

The act seeks to compensate the workers injured. This Act came into existence in 1923. The Act was intended subsequently in 1933, 1938, 1939, 1946, 1958, 1962 , 1976.

Payment of Wages Act,1936

The main purpose of the Payment of Wages Act,1936 is to ensure regular and timely payment of wages to the employed persons, to prevent unauthorised deductions being made from wages and arbitrary fines being imposed on the employed persons.