The Factories Act, 1948

-Wherein 10 or 20 persons are employed with or without the aid of power respectively.
- Act makes a detailed provisions in regard to various matters relating to health, safety and welfare of workers.

1. Health
-Cleanliness -Disposal of wastes and effluents -Ventilation and temperature -Dust and fumes -Artificial humidification -Overcrowding -Lighting -Drinking water -Separate washrooms for men and women -spittoons

2. Safety
-Fencing of machinery -Employment of young persons on dangerous machines -Excessive weights -Protection of eyes -Precautions against dangerous fumes -Precautions in case of fire -Safety of building and machinery -Safety officers 500 or more ee

3. Welfare
-Washing facilities -Facilities for sitting -First-aid box- on every 150 workers -Medical room 500+ -Canteens 250+ -Shelters, rest rooms 150+ -Creches 30+female ee -Welfare officer 500+

Rules
-Weekly hours not more than 48 -Daily Hours, not more than 9 hours -Half hour rest after 5 hrs. of working -Overtime-double the wages -Overlapping of shifts prohibited -One weekly holiday (substitute within 3days) -1 day leave for every 20 days

Penalties
Contravention of prov.of act or rules imprisonment upto 2yrs or fine upto 1L On continuation Rs.1k per day Contravention pertaining to safety or dangerous operation 25k in case of death, 5k in case of serious injuries Wrongful disclosing result pertaining to result of analysis imprisonment upto 7yrs, with fine upto 2L

- Contravention pertaining to compulsory disclosure of info by occupier, specific responsibility of occupier imprisonment upto 7yrs with fine upto 2L, on continuation fine @5k per day and imprisonment of 10 yrs when contravention continues for one year. - Annual return to be submitted in Form 34.

Check List for Licensing and Registration of Factories

Documents Required Form No-1 Form No 1-A Form No.3 Certificate of Stability duly signed by the Chartered Engineer/Chartered Architect Flow-chart of manufacturing process. Write up chart of manufacturing process. Resolution passed by Board of Directors

List of Directors/Partners List of machinery. Treasury challan for deposit of registration fee for the factory. Site Plan of the factory. Building drawings including elevations, Plans & cross sections. Machine lay out. Memorandum and Articles of Association in case of company. All the documents are required to be signed by the occupier.

 In case proprietorship concern, parentage and complete residential address of proprietor is required to be given through declaration which is attested either by Magistrate or Notary. Legible copy of partnership deed duly attested by the Magistrate or Notary in case of partnership concern.

The Shops and Establishment Act, 1962

The act applicable to all shops and establishment in whole India. Every owner shall within 3mnths of the commencement shall apply to chief inspector for registration (Form L) The reg.certificate shall be valid for such period and shall be renewable from time to time by the chief inspector (Form M)

Amendment of registration certificate is in Form N If reg.certificate is lost or torn then duplicate can be taken in Form O In case of closing down, notify within 15 days of the closing Reg. fee is acc. to no. of ee Late fee for reg. and renewal of certificate @ 12.5% of the fee Certificate is non-transferable

The register of shops and estab. shall be maintained in Form K. Hrs. of business as prescribed by state govt. Overtime double the wages Daily hrs-8hrs. Per day One weekly holiday Wage pd. monthly, fortnightly, weekly, daily No deductions from wages except fines No fines in excess of the 3% of wages payable

Er has to maintain register of fines No child shall be required to work except as an apprentice or intern No women or child in night shift Provision of maternity benefit Discharge on the basis of: -Retrenchment -Unfit to perform his duties -Dismissal for misconduct -Served a notice in writing

 fine for first offence is Rs.100, and for every subsequent offence is Rs. 500.