Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Bhup Kulkarni (s)     13 March 2014

Factory act

Respected Sir,

 

I am studying one case where the construction of factory is going on and the same is registered under Building and other Construction Act.  and also seek the plan approval and factory licence from DISH.

Now if during this constriction stage any fatality happens then who is the appropriate authority to be deal with this case? Labour Commissioner or Factory Inspector.

 

Regards,

 

Rahul



Learning

 3 Replies

Sanjay Malik (Manager- Legal & Compliance )     14 March 2014

labour commissioner shall be the appropriate authority, its in construction phase only, once construction complete, stability certificate issued, and apply for factories license to factor inspector.

when applied for license and operations starts than factor inspector shall be the appropriate authority under Factories Act, but for other applicable laws, MW/PW/ES etc labour commissioner shall be the appropriate authority.

Sanjay Malik (Manager- Legal & Compliance )     14 March 2014

labour commissioner shall be the appropriate authority, its in construction phase only, once construction complete, stability certificate issued, and apply for factories license to factor inspector.

when applied for license and operations starts than factor inspector shall be the appropriate authority under Factories Act, but for other applicable laws, MW/PW/ES etc labour commissioner shall be the appropriate authority.

Mahhesh Kummar Aggrawal (Proprietor)     26 June 2015

Sir,

Pls guide me, I am having a TMT Rebar straightening unit. Last year when it was started, Labour Commissioner visited my premises and instruted me to get registered under Shops n Establishment Act which comes under Labour Department. But, this year Factory Inspector visited my premises n told it will come under Factory Act purview. Where as, when I went to DIC and elaborated it, they said it will not come under factory Act. As, I am simply decoiling and straightening the finished product,i.e. TMT rebar of Steel plant, we are not changing its dimension or shape, if the input is 8mm TMT means output is also the same. So, it will not come under factory act. Even no. of employees are 10. Its different that simultanously I am doing liasoning for transporters (means, lifting n shifting of materials, stockholding for some days till lorry is available etc.) in the same premises, for that some laboures are engaged who are not permanent. Daily basis they come, do work n get paid.

So, now what happened, that Factory Inspector has issued notice to undertake all the required aminities within 15 days in accordance to factory Act. I tried a lot to make him understand but he is not agreeing. I undertake jobwork of different parties only, i do not have my own stock. I am having a very low margin as low as 20/- per tonn only and doing maximum 500 Mt per month. It is not possible on the part of any such job work industry owner to maintain the criteria in accordance with factory act. What to do now? I am planning to close the business n before that only i recieved this letter. I am worried.

Please reply as soon as possible. Today is 3rd day.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query