TN assembly amends factories act 1948
- April 22, 2023
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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TN assembly amends factories act 1948
Subject :Polity
Section: msc
Concept :
- Tamil Nadu Assembly passed an amendment to the Factories Act, 1948, to enable exemption to industries from the present norms on maximum work hours, holidays and overtime wages as defined in the Act.
- According to the amendment, the exemption can be provided by the government through a notification to “any factory or a group or class or description of factories” for certain period, subject to any conditions or restrictions mentioned in the notification.
- This exemption will mean some industries can enable their workers to work longer hour.
Factories Act 1948:
- The Factories Act, 1948 , as amended by the Factories (Amendment) Act, 1987, serves to assist in formulating national policies in India with respect to occupational safety and health in factories and docks in India.
- It deals with various problems concerning safety, health, efficiency and well-being of the persons at work places.
Salient features of Factories Act, 1948
- The word “factory” has been expanded by the Factories (Amendment) Act of 1976 to include contract labour when determining whether a factory has a maximum of 10 or 20 employees.
- The Act increased the minimum age for children to work in workplaces from 12 to 14 and reduced their daily working hours from 5 to 4 and a half.
- The Act forbids women and children from working in factories from 7 p.m. to 6 a.m.
- The difference between a seasonal and non-seasonal factory has been abolished by the Act.
- The Act, which has provisions for factory registration and licencing.
- The state government is required to make sure that all factories are registered and also have valid licencesthat are renewed from time to time.
- The Act gives state governments the authority to enact rules and regulations that ask for management and employee association for the benefit of employees.
- The state government has the authority to apply the Act’s requirements to any establishment, regardless of the number of employees inside and regardless of whether the establishment engages in manufacturing operations.
- In Rabindra Agarwal v. State of Jharkhand (2010), the Jharkhand High Court held that the Factories Act, special legislation would prevail over the Indian Penal Code.
Application of the Factories Act,1948
- The Act also applies to the whole country of India, and covers all manufacturing processes and premises that fall under the definition of a factory as defined in Section 2(m) of the Act.
- It also applies to factories owned by the central or state governments, as defined in Section 116 of the Act.
- The Act is applied and limited to factories that use power and employ 10 or more people on any working day in the preceding 12 months.
- The Act is applied and limited to factories that do not use power and employ 20 or more people on any working day in the preceding 12 months.
- The Act is also covered under Section 85 of the Factories Act by the state governments or Union Territories.