Labour Law: Authorities

1. LABOUR LAW: II
AUTHORITIES UNDER THE
FACTORIES ACT, 1948

2. POWERS OF STATE
GOVERNMENT
• Make rules for reference to time of day
• Where IST being 5 ½ hour ahead of GMT not
observed
• Rules specifying area
• Rules defining local meantime ordinarily
observed there
• Permitting such time to be observed in all or
any of the factories situated in the area

3. • Power to declare different
departments/branches as separate
factories
• or; 2 or more factories as single factory
• On own motion (opportunity of being heard to
occupier)
• or application on behalf of occupier
• For all or any of the purpose of act

4. • Power to exempt during public emergency
• By notification in official gazette
• Exempt any class/factory/description of
factories
• Exempt from all or any of the provisions
• Except section 67
• For not more than 3 moths

5. MAY MAKE RULES ON
FOLLOWING MATTERS
• Submission of plans of any class/description of
factories to C.I. or S.G.
• Previous permission in writing of S.G. or C.I.
required for the site on which factory to be
situated/extended
• For considering application for such
permissions
• Prescribing nature of such plans
• Registration & licensing of factories
• Prescribing the fees payable

6. ADMINISTRATIVE AGENCIES
• SECTION: 8 (1) :- INSPECTORS
 S.G. may appoint
 By notification in official gazette
 Prescribed qualifications
 Assign local limits
• SECTION: 8 (2) :- CHIEF INSPECTOR
 S.G. may appoint
 Powers of inspector also

7. • SECTION: 8 (2A) :- ADDITIONAL & JOINT
CHIEF INSPECTOR
 S.G. may appoint as many such inspectors
 To assist chief inspector
• SECTION: 8 (3) :- DISQUALIFICATIONS
 Becomes directly/indirectly interested
• SECTION: 8 (4) :- DISTRICT MAGISTRATE
 Every district magistrate shall be an inspector
for his district
• SECTION: 8 (5) :- PUBLIC OFFICER AS
ADDITIONAL INSPECTOR
 S.G. may appoint for the purpose of act

8. • SECTION: 8 (6) :- DECLARATION OF
POWERS OF INSPECTORES
 In area with more than one inspector
 S.G. declare powers of inspectors
• SECTION: 8 (7) :- IPC SEC. 21
 Inspector deemed public servant

9. POWERS OF INSPECTOR
• Enter with assistants
• Examine premises of plants & machinery article
• Inquire into accidents
• Require production of documents
• Take copies of any register/documents
• Direct occupier to leave part of premises
undisturbed till examination
• Take photographs etc.
• Direct article to be dismantled as dangerous
• Other powers as may be prescribed

10. CERTIFYING SURGEON:
SECTION: 10
• S.G. may appoint
• Qualified medical practitioner
• Specified local limits

11. SECTION: 10 (2)
• Certifying surgeon with the approval of S.G.
may appoint qualified medical practitioner
• He shall exercise any of its powers
 DISQUALIFICATIONS
• Becomes occupier
• Becomes directly/indirectly interested in
business.

12. DUTIES
• Examination/certification of young persons
• Examination of persons engaged in dangerous
occupation
• Exercise medical supervision in following
factories:
 Cases of illness occurred
 Likelihood of injury to health
 Young employed or to be employed in
dangerous work

13. CONCLUSION
• ACT for benefit of Labour class
• Authorities important to execute it
• Provisions for authorities most important
• Without authorities act useless