The trade Unions Act, 1926 provides for registration of trade unions with a view to render lawful organisation of labour to enable collective bargaining. If the State Government or Chief Inspector do not grant permission to the site, construction or extension of a factory, or to the registration and licensing of a factory, the applicant may within 30 days of the date of such refusal appeal to: (i) the Central Government against the order of the State Government; (ii) the State Government against the order of any other authority. A summon may be issued in both criminal and in civil cases. 01/01/1997) on the cost of labour charges can be made on actual basis, if details/break up (such as cost of material When any person apprehends that there is a move to get him arrested on false or trump up charges, or du... A person may be arrested for committing an alleged offence. the number of workers likely to be employed in the factory. The Employees' State Insurance Act, provides for certain benefits to employees in case of sickness, maternity and employment injury. factories working for less than 180 days in a year. Required fields are marked *.   Employers are not required to provide separate sick leaves to the employees covered under ESI Employer’s contribution is a qualified expense under the Income Tax Act. The ESI Corporation under this Act plays a very important role in this regard. Hence the act prescribes fines and imprisonment if the employers fail to apply factory act in true spirit. Every accused person is presumed to be innocent until proved guilty The effect of granting bail is not to set the accused free, but to release him from custody and to entrust hi... A summon is a court order to an individual to appear in court at a specified time and place. The appropriate Government may exempt any factory or establishments or class of factories or establishments or any employee or class of employees from the provisions of this Act. Learn how your comment data is processed. The nature of manufacturing process to be carried on in the factory during next 12 months. Such other particulars as may be prescribed. Section 7 imposes an obligation on the occupier of a factory to send a written notice, containing prescribed particulars, to the Chief Inspector at least 15 days before an occupier begins to occupy or use a premises as a factory and at least 30 days before the date of resumption of work in case of seasonal factories, i.e. 10000/-p.m. w.e.f. The Doctrine of Nolo Contendere or Plea Bargaining has been introduced by Criminal Law Amendment Act, 2005. Benefits under ESI 1. The fund is managed by the Employees' State Insurance Corporation (ESIC) according to rules and regulations stipulated in the ESI Act 1948. The provisions of The Factories Act, 1948, or any rules made under the Act, or any order given in writing under the Act is violated, it is treated as an offence. ESI is a Medical insurance for eligible Individuals and his/her immediate family members covered under the scheme. WHEN CAN A PERSON APPLY The term Plea Bargaining can be de... Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested. . The aforesaid authorities make it eminently clear that once an employee is an “insured person” under Section 2(14) of the 1948 Act, neither he nor his dependents would be entitled to get any compensation or damages from the employer under the 1923 Act. In criminal proceedings once a Police Officer receives information about the commission of an offence he is entitled to start investigation of the matter. In the matter of the S. Palanivel v. The name and address of the owner of the premises or building (including the precincts, etc., thereof referred to in Section 93). To advice the ESI Corporation in regard to various matters relating to Medical Benefits, under the Act. Your email address will not be published. The Employees’ State Insurance Act, 1948 is beneficial and social legislation. Bail commonly means release on one's own bond, with or without sureties. The Act extends to the whole of India. submission of plans of any class or description of factories to the Chief Inspector or the State Government; obtaining previous permission of the State Government or the Chief Inspector, for the site on which factory is to be situated and for construction or extension of any factory or class or description of factories. However, replacement or addition of any plant or machinery within prescribed limits, shall not amount to extension of the factory, if it does not reduce the minimum safe working space or adversely affect the environmental conditions which is injurious to health; considering applications for permission for the submission of plans and specifications; nature of plans and specifications and the authority certifying them; fees payable for registration and licensing and for the renewal of licences; licence not to be granted or renewed unless notice specified under Section 7 has been given. (3) It shall come into force on such date or dates3* as the Central Government may, by notification in the Official Gazette, appoint, and different dates 3* may be appointed for different Short title, extent and commencement.—(1) This Act may be called the Factories Act, 1948. State Insurance under The Employee's State Insurance Act,1948. 34 of 1948] 1 [19. th April, 1948. Within 30 Days of applicability of the Act & any change: Notice of applicability of the Act & any change: Form A or B . NAME OF AUTHORITY. Where no such person is found the occupier should be deemed to be the manager of the factory. Carried on in the matter is entitled to start investigation of the factory inspector is to provide for compensation certain! Criminal and in civil cases working for less than 180 days in a year role this... The constitution is safeguarded by various procedures to be the manager of the manager of the matter: factory... 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