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Unit 3: The Factories Act, 1948




          The notice shall state the full particulars of the factory, namely:
          1.   the name and situation of the factory;
          2.   the name and address of the occupier ;
          3.   the name and address of the owner of the premises or building;
          4.   the nature of manufacturing process;
          5.   the total rated horse power installed or to be installed in the factory, which shall not
               include the rated horse power of any separate standby plant;
          6.   the name of manager of the factory for the purpose of this Act;
          7.   the number of workers likely to be employed in the factory;
          8.   the average number of workers per day employed during the last twelve months, in case
               the factory is in existence on the date of the commencement of this Act;
          9.   such other particulars as may be prescribed under the rules [Section 7 (I)].
          The occupier is required to give notice to the Chief Inspector of Factories containing the above
          particulars with regard to those factories which were already functioning before this Act, within
          30 days from the commencement of the Act [Section 7 (2)].  Before a factory is engaged in a
          manufacturing process which is ordinarily carried on for less than 180 working days in a year
          resumes working, the occupier is required to send full particulars of the factory to the Chief
          Inspector  within 30  days  of  such  resumption  of work  [Section 7 (3)]. Any  change  in  the
          appointment of a manager or the factory is to be intimated within 7 days by the occupier to the
          Chief Inspector, [Section 7 (4)]. During the time no manager functions in the factory, the occupier
          is  deemed as  manager for the purpose of the Act. Non  compliance with  the provisions  of
          Sections 6 and 7 is an offence for which the occupier can be punished.

          3.3 The Inspecting Staff


          Appointment


          For the enforcement of the provisions of the Act, the State Government is empowered to appoint
          Inspectors having prescribed qualifications. They are of six types: (i) Chief Inspector (ii) Additional
          Chief Inspectors  (iii) Joint Chief Inspectors  (iv) Deputy Chief Inspectors (v) Inspectors and
          Additional Inspectors.
          A Chief Inspector shall be appointed by the State Government. Chief Inspector in addition to the
          powers conferred on him may exercise the powers of an Inspector throughout the State. Likewise,
          every Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every other
          officer so appointed shall, in addition to the powers of a Chief Inspector, exercise the powers of
          an Inspector throughout the State.
          No person shall be appointed or having been so appointed, shall continue to hold office, which
          is or becomes directly or indirectly interested in a factory or in any process or business carried
          on therein or in any patent or machinery connected therewith.
          Every District Magistrate shall be an Inspector for his district.
          The State Government may also appoint such public officers that it thinks fit to be Additional
          Inspector for all or any of the purposes of this Act, within such local limits as it may assign to
          them respectively.
          In any area where there are more Inspectors than one, the State Government may declare the
          powers which such Inspectors shall respectively exercise.



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