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Presentation on
Comparative Scenario of-
Factories Act,1948
Bombay Shops and
Establishments Act,1948
Mines Act,1952 Contract Labour Act,1970
1
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2
Matter Factories
Act
Shops and
Establishm
ents Act
Mines Act Contract
Labour Act
Objective An act to
consolidate and
amend the law
regulating labour
in factories.
An act to
consolidate and
amend the law
relating to the
regulations of
conditions of work
and employmentin shops,
commercial
establishments,
residential hotels,
restaurants,
eating houses,
theatres, otherplaces of public
amusement or
entertainment
and other
establishment
An act to amend
and consolidate
the law relating to
the regulation of
labour and safety
in mines
An act to regulate
the employment
of contract labour
in certain
establishments
and to provide for
its abolition incertain
circumstances and
for matters
connected
therewith
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Matter Factories
Act
Shops and
Establishm
ents Act
Mines Act Contract
Labour Act
Extent It extends to thewhole of India
It extends to thewhole of the State
of Gujarat
It extends to thewhole of India
It extends to thewhole of India
Authorities
Involved
Inspectors and
Certifying
Surgeons
Chief Inspector
Additional Chief
Inspector
Joint Chief
Inspector
Deputy Chief
InspectorMedical
Practitioners as
certifying
surgeons
Inspectors Inspectors,
Certifying
Surgeons,
Committees
Chief Inspector
District
magistrate as
Inspector
Medical
Practitioners ascertifying
Surgeons
The Advisory
Boards-Central
Advisory Board
and StateAdvisory Board as
well as the
committees
constituted by
them.
Central Board:-Chairman
Chief Labour
Commissioner
Such number of
members, not
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Matter Factories
Act
Shops and
Establishm
ents Act
Mines Act Contract
Labour Act
Committee
members:a) A person in
service of
Government,
not being the
Chief
Inspectorb) Chief
Inspector of
mines
c) Two persons
to represent
the interest of
minersd) Two persons
to represent
the interest of
owners
exceeding 17, but
not less than 11 asthe Central
Government may
nominate to
represent the
Government,
Railways, CoalIndustry, Mining
Industry,
Contractors,
workmen and any
other interest
which, in opinion
of CentralGovernment,
ought to be
represented on
the Central Board
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Matter Factories
Act
Shops and
Establishm
ents Act
Mines Act Contract
Labour Act
e) Two qualified
mining engineers,
not directly
employed in the
mining industry
State Board:-
Chairman
Labour
Commissioner
Such number of
members, not
exceeding 11 butnot less than 9, as
the State
Government may
nominate to
represent the
Government,
industrycontractors,
workmen and any
other interests
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Matter Factories
Act
Shops and
Establishm
ents Act
Mines Act Contract
Labour Act
Procedure
involved
Submissions of
plans of any class
of factories to
Chief Inspector or
State
Government, with
previouspermission in
writing of the
State Government
or Chief Inspector
for the site of
factory. Requiring
registration and
licensing of
factories,
Registration of
establishments via
sending a
statement,
including name of
employer and
manager if any,name of
establishment,
postal address of
establishment,
category of
establishment,
alongwith fees to
the Inspector of
the local area
concerned
Notice to be given
of mining
operations to the
Chief Inspector or
District magistrate
in writing
FOR
REGISTRATION
OF
ESTABLISHMENT
Every principal
employer of an
establishmentshall, by
notification in the
Official Gazette,
make an
application to the
registering officer
in the prescribed
manner for
registration of the
establishment
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Matter Factories
Act
Shops and
Establishm
ents Act
Mines Act Contract
Labour Act
payment of
prescribed fees for
registration and
for renewal of
licenses.
NOTICE BYOCCUPIER:
Notice to be given
by occupier to the
Chief Inspector
atleast 15 days
before he beginsto occupy or use
any premises as a
factory
FOR LICENSING
OF
CONTRACTORS:
It involves
applying for grant
of license.
Applicationcontain-location
of establishment,
nature of process,
work for which
contract labour is
to be employed.Licensing officer
may make such
investigation in
respect of the
application and
issues license
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Matter Factories
Act
Shops and
Establishm
ents Act
Mines Act Contract
Labour Act
Health Provisions Provisions forCleanliness,
Disposal of wastes
and effluents,
ventilations and
temperature, dust
and fumes,
artificialhumidification,
overcrowding,
lighting, drinking
water, latrines and
urinals, spittoons
Provisions forCleanliness,
ventilations,
lightning
Provisions forDrinking water,
Conservancy,
Medical
Appliances,
conveyance to
hospitals or
dispensaries
Provisions forDrinking water,
latrines and
urinals
Safety Provisions Provisions offencing of
machinery, work
on or near
machinery in
motion,
Precautionsagainst fire, First
aid
Power ofInspectors when
causes of dangers
are not expressly
provided, notice
of certain diseases
and accidents,
First aid facilities
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Matter Factories
Act
Shops and
Establishm
ents Act
Mines Act Contract
Labour Act
Welfare Provisions Washing facilities,facilities for
storing and drying
of clothing,
facilities for
sitting, first aid
appliances,
canteens, shelters,
rest rooms and
lunch rooms,
creches
Rest rooms,Medical facilities
Canteens,shelters, rest
rooms, washing
facilities, creches
Canteens, restrooms, washing
facilities
Provisions relating
to Hazardous
Processes
Informing about
hazardous
processes and
measure to
overcome them to
the workers, Chief
Inspector, local
authority &
Young persons
and women are
prohibited to
work, as may be
declared by the
State
Government,
involving danger
The Chief
Inspector will
prohibit the
extraction or
reduction of pillars
or blocks of
minerals in any
mine or part
Not mentioned in
the Act*
(* Provisions
would be based on
the place where
contract workers
are employed)
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Matter Factories
Act
Shops and
Establishm
ents Act
Mines Act Contract
Labour Act
general public.It shall include
accurate
information
regarding
quantity(Schedule
2), specifications
and othercharacteristics of
wastes and
manner of their
disposal
Maintenance of
accurate and uptodate health
records of the
workers
Appoint persons
who possess
qualification and
to life, health andmorale
thereof, if in hisopinion, such
operation is likely
to cause the
crushing of pillars
or blocks of
minerals or the
prematurecollapse of any
part of the
working or
otherwise
endanger the
mine or the life orsafety of persons
employed or if
provisions for
safety against
fire/flooding is not
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Matter Factories
Act
Shops and
Establishm
ents Act
Mines Act Contract
Labour Act
experience in
handlinghazardous
substances
made by
restricting thatarea
Occupational
Diseases involved
3rdschedule in the
bare act shows the
list of notifiable
diseases due tohazardous
processes( Pg:281)
No specifications
mentioned in the
Act
Silicosis,
Pneumoconiosis,
Manganese
Poisoning Nervoustype
No specifications
mentioned in the
Act*
(*Based on place
of working)
Daily hours of
work
For Adults: Not
more than 9 hours
For children: Notmore than 4 and
half hours in any
day. Not allowed
to work at night
For residential
hotels, restaurants
and eating
houses: Not morethan 9 hours in
any day (during
regular days) and
not exceeding 3
hours in any day
(during the time,
Hours of work
above ground:
Not more than 9
hours in any dayand not more than
48 hours in any
week
Hours of work
below ground:
Not more than 8
Not more than 8
hours in a day
However it is
compulsory forevery contractor
to maintain a
Register of
Overtime in Form
XXIII which will
contain all details
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Matter Factories
Act
Shops and
Establishm
ents Act
Mines Act Contract
Labour Act
not more than 10
days in a year, on
festive or special
occasions.
For Theatres or
other places of
publicamusements or
entertainment:-
1) Not more
than 9 hours
in any day
2) For any period
in excess ofthe limit fixed
under sub-section
1), if such period
does not exceed 6
hours in any week
hours in any day
and not more than
48 hours in any
week
relating to
overtime wage
calculation, hours
of extra work,
name of
employee, etc
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Matter Factories
Act
Shops and
Establishm
ents Act
Mines Act Contract
Labour Act
Provisions foremployment of
young persons
and women
No child who hasnot completed his
14thyear shall be
allowed to work in
any factory. A
child who has
completed his 14th
year shall not be
allowed to work in
factory unless a
certificate of
fitness is granted
to him & such
child carries atoken giving a
reference to such
certificate
No child to work inany establishment
Prohibition of
employment of
young persons
and women in
dangerous work
No persons below18 years of age
shall be allowed to
work in any mine
or part thereof.
Apprentices and
other trainees not
below 16 years of
age, may be
allowed to work.
No women shall,
notwithstanding
anything
contained in anyother law, be
employed:
a) In any part of
a mine which
is below
ground
Same as FactoriesAct
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Matter Factories Act Shops and
Establishmen
ts Act
Mines Act Contract
Labour Act
b) In any mineabove ground
except
between the
hours of 6 A.M
and 7 P.M
Night Shifts and
employment of
women
No women shall
be allowed to
work except
between 6 A.M
and 7 P.M
(Exception: Not
between 10 P.M
to 5 A.M) State
Government
may, by
notification in
the official
Gazette vary
Exemptions of
working hours are
prevalent in BPOs
and call centers.
Provisions for
women working in
night shifts are
same as FactoriesAct
Women are
not allowed to
work at night
Same as Factories
Act
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Matter Factories
Act
Shops and
Establishm
ents Act
Mines Act Contract
Labour Act
time limit inrespect of factory
situated in the
Special Economic
Zone, subject to
the following
conditions:
a) The employershall provide
for free
transport
facilities to
and for from
the residenceto the place of
work for
women
employees.
b) The employer
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Matter Factories
Act
Shops and
Establishme
nts Act
Mines Act Contract
Labour Act
shall ensure security
for women
employees at place
of work and during
transportation.
c) The employer
shall provide
facility forseparate
creches and
rest rooms for
women
employees.
State
Governmentmay make rules
providing
exemptions
from
restrictions for
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Matter Factories Act Shops and
Establishm
ents Act
Mines Act Contract
Labour Act
women working innight shifts, to such
extent and subject to
such conditions , of
women working in
fish-curing or fish-
canning factories,
where the
employment of
women beyond the
hours is necessary to
prevent damage to or
deterioration in, any
raw material (Rulesshall remain in force
for not more than 3
years at a time
Extra wages for
overtime
Twice his ordinary
rate of wages
Same as Factories
Act
Same as
Factories Act
Same as Factories
Act
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Matter Factories
Act
Shops and
Establishm
ents Act
Mines Act Contract
Labour Act
Spread over ofperiods of work
Spread overshould not be
more than 10
hours in any day
Spread over inshops: Shall not
exceed 11 hours in
any day provided
that in case where
any shop is on any
day entirely closedfor a continuous
period of not less
than 3 hours, the
spread over shall
not exceed 12
hours in that day
Spread over incommercial
establishment,
Theatres or other
Spread overshould not be
more than 10
hours in a day
including overtime
Spread overshould not be
more than 54
hours in any week
subject to the
conditions that
aggregate hoursso worked shall
not exceed 150
hours in a year
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Matter Factories
Act
Shops and
Establishm
ents Act
Mines Act Contract
Labour Act
places of public
amusements: shall
not exceed 11
hours in any day
provided that the
State Government
may increase the
periodSpread over in
Residential hotels,
Restaurants and
eating houses:
shall not exceed
14 hours provided
that the StateGovernment may
increase the
period
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Matter Factories
Act
Shops and
Establishm
ents Act
Mines Act Contract
Labour Act
15 days of work
performed
b) In any other
case, at the rate of
1 day for every 20
days of work
performed
2) A calendaryears service
referred to in sub-
section 1) shall be
deemed to have
been completed-
a) In case of
person
employed
below ground,
has put not
less than 190
attendances
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Matter Factories
Act
Shops and
Establishm
ents Act
Mines Act Contract
Labour Act
b) In case of any
other person, hasput not less than
240 attendances
Penalties General Penalty
for offence:
Punishment of
imprisonmentextending upto 2
years for manager
or with fine upto 1
lakh or both and if
contravention is
continued,extends upto 1000
Rs. for each day
Failure of sending
application of
registration of
shop to theinspector within
specified period,
allowing women
or child to work
,not following
opening andclosing timings,
holidays, not
meeting health
and safety
provisions:
For obstructing
inspectors:
Imprisonment
extending upto 3months or fine of
500 Rs or both
Falsification of
records, etc:
Imprisonmentextending upto 3
months or fine of
1000 Rs or both
For obstructing
inspectors:
Imprisonment
extending upto 3months or fine of
500 Rs or both
Contravention of
provisions
regardingemployment of
contract labour:
Imprisonment
extending upto 3
years for manager
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Matter Factories
Act
Shops and
Establishme
nts Act
Mines Act Contract
Labour Act
For obstructinginspectors:
Imprisonment
extending upto
6 months or fine
of 10,000 Rs or
both
For wrongfully
disclosure of
results of
analysis:
Imprisonment
upto 6 months
or fine of 10,000
Rs or both
The employer andmanager shall each
be punished with
the fine not less
than 25 Rs
extending upto 250
Rs, which if
continued afterexpiry of 15thday,
shall be punished
with fine of 10 Rs
per day
Hawking before
opening and after
closing hours of
shop: Fine of not
less than 10 Rs,
extending upto 50
Rs
Use of falsecertificates of
fitness:
Imprisonment
extending upto 1
months or fine of
200 Rs or both
Omission to
furnish plans, etc:
Fine upto 1000 Rs
Contravention of
provisions
regarding
employment of
labour:
or with fine upto1000 Rs or both
and if
contravention is
continued,
extends upto 100
Rs. for each day
Offences by
companies:
Company as well
as every person in
charge of the
company shall be
deemed to be
guilty and shall be
proceeded against
and punished
accordingly
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Matter Factories
Act
Shops and
Establishm
ents Act
Mines Act Contract
Labour Act
Employee
contravening
provisions of
holidays clause:
Fine of not less
than 10 Rs,
extending upto 50Rs
False entries by
employers and
managers: Fine of
not less than 50
Rs, extending
upto 250 Rs
Enhanced penalty
on repeated
contravention:
Imprisonment
extending upto 3
months or fine of
1000 Rs or both
Penalty for
employment ofpersons below 18
years of age: Fine
extending upto
500 Rs
Failure to appoint
manager:
Imprisonment
extending upto 3
months or fine of
2500 Rs or both
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Matter Factories
Act
Shops and
Establishm
ents Act
Mines Act Contract
Labour Act
For 2ndconviction:
Fine of not less
than 50 Rs,
extending upto
500 Rs
For 3rdand further
convictions:Fine of not less
than 75 Rs,
extending upto
750 Rs
Obstructing
Inspector: Fine of
not less than 25
Rs, extending
upto 250 Rs
Notice of
accidents:
Imprisonment
extending upto 3
months or fine of
500 Rs or both
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