OBLIGATION & LIBILITY OF MANAGER IN FACTORIES ACT 1948

Section	obligations	Time period		punishment for violation of such obligation
Sec. 61. Notice of periods of work for adults	1.      Where all the adult workers in a factory are required to work during the same periods, the manager of the factory shall fix those periods for such workers generally. 2.      Where all the adult workers in a factory are not required to work during the same periods, the manager of the factory shall classify them into groups according to the nature of their work indicating the number of workers in each group. 3.      For each group which is not required to work on a system of shifts, the manager of the factory shall fix the periods during which the group may be required to work. 4.      Where any group is required to work on a system of shifts and the relays are not to be subject to predetermined periodical changes of shifts, the manager of the factory shall fix the periods during which each relay of the group may be required to work. 5.      Where any group is to work on a system of shifts and the relays are to be subject to predetermined periodical changes of shifts, the manager of the factory shall draw up a scheme of shifts where under the periods during which any relay of the group may be required to work and the relay which will be working at any time of the day shall be known for any day.	No such change in notice shall be made until one week has elapsed since the last change.		General Penalty for Offences [Sec.92] If there is any contravention of any of the provisions of the act, the Occupier & Manager each shall be Guilty & punishable with Imprisonment for a term upto 2 years, with a fine upto Rs.1,00,000 or with Both. If the contravention under section 92 continued after conviction, they (Manager& Occupier) shall be punishable with further fine which may extend to Rs. 1000 for each day on which contravention is so continued. Enhanced Penalty after Conviction[Sec.94] : If a person convicted of any offence punishable under Sec 92, is again guilty involving contravention of same provision, he shall be punishable with Imprisonment for a term which may extend to 3 years. Or fine which shall not be less than 10,000 but not more then 25,00,000/- Rupee Or both.
Sec.62 Register of Adult Worker	The manager should maintain Register of Adult workers showing-  Name,  Nature of work,  The Group etc. Of each & every Adult Worker in the factory. The Register shall be available to the Inspector at all time during working hours.			Sec 92 and Sec 94 of factories act, 1948
Sec. 73. Register of child workers.	The manager should maintain Register of child workers showing- Name, Nature of work The Group etc. Of each & every child Workers in the factory. The Register shall be available to the Inspector at all time during working hours.			Sec 92 and Sec 94 of factories act, 1948
Sec. 88. Notice of certain accidents.	(1) Where in any factory an accident occurs which causes death, or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such nature as may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.			Sec. 92 Imprisonment for a term upto 2 years. the fine shall not be less than [twenty-five thousand rupees] in the case of an accident causing death, and [five thousand rupees] in the case of an accident causing serious bodily injury. Sec. 94 :if any contravention of provision relating to safety, has resulted in an accident causing death /serious bodily injury,Fine shall not be less than Rs.35000/Rs.10000
Sec. 88a. Notice of certain dangerous occurrences. -	Where in a factory any dangerous occurrence of such nature as may be prescribed, occurs, whether causing any bodily injury or disability or not, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.			Imprisonment for a term upto 2 years. with a fine upto Rs.100000 or with Both. contravention continued after conviction : further fine which may extend to Rs. 1000 for each day on which contravention is so continued.
Sec. 89. Notice of certain diseases. -	(1) Where any worker in a factory contracts any disease specified in the Third Schedule, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time as may be prescribed.			Sec 92 and Sec 94 of factories act, 1948
Sec. 91A. Safety and occupational health surveys	The Chief Inspector, or the Director General of Factory Advice Service and Labour Institute, or the Director General of Health to the Government of India, or officers authorised by them may, after giving a notice in writing to the manager, undertake safety and occupational health surveys. The manager shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey.			Sec. 95 lays down penalty of punishment with imprisonment for six months or fine of Rs. 10,000 or both for wilfully obstructing an Inspector in the exercise of any powers conferred on him by or under this Act or failing to produce any registers and other documents to him on demand or concealing or preventing any workers from appearing before or being examined by the Inspector
Sec. 110. Returns.	The occupier has to submit required returns, occasional or periodical, to the prescribed authorities.			Sec 92 and Sec 94 of factories act, 1948

OBLIGATION AND LIBILITY OF OCCUPIER IN FACTORIES ACT 1948

Section	Obligations	Time period	Liability for violation of such obligation.
Sec.7 Notice by occupier	The occupier shall send a notice to the Chief Inspector containing- a)the name and situation of the factory;  b) the name and address of the occupier;  c) the name and address of the owner of the premises or building (including the precincts thereof); d) the address to which communications relating to the factory may be sent;  e) the nature of the manufacturing process – i) carried on in the factory during the last 12 months in the case of factories in existence on the date of the commencement of the Act; and  ii) to be carried on in the factory during the next 12 months in the case of all factories; f) the total rated horse power installed or to be installed in the factory, which shall not include the rated horse power of any sepa rate stand by plant; g) the name of the manager of the factory for the purpose of this Act;  h) the number of workers likely to he employed in the factory;  i) the average number of workers per day employed during the last 12 months in the case of a factory in existence on the date of the commencement of this Act; and  j) such other particulars as may be prescribed.	15 days before he begins to occupy or use any premises as a factory and at least 30 days before the date of resumption of work in case of seasonal factories (factories working for less than 180 days in a year),	i) (Sec. 92) The occupier and manager shall each be guilty of an offence and punishable with imprisonment for a term which may extend to two years or with fine which may extend to Rs. 1 lakh or with both for any contravention of any of the provisions of the Act or any of the rules made thereunder. In case the contravention is continued after conviction, with a further fine which may extend to Rs. 1,000 for each day during which the contravention so continues.Sec. 92 contemplates a joint liability of the occupier and the manager for any offence committed irrespective of the fact as to who is directly responsible for the offence. 2. (Sec. 94).In case the occupier is again guilty of an offence involving contravention of an offence punishable under Sec. 92, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to three years or with fine which shall not be less than Rs. 10,000 but which may extend to Rs. 2,00,000, or both.
Notice by occupier (Sec. 7):	Whenever a new manager is appointed, the occupier shall send to the Inspector a written notice with a copy to the Chief Inspector within seven days from the date on which such person takes over charge.	Within seven days from the date on which such person takes over charge.
Sec. 7A General duties of an occupier	Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory. The duties of the occupier shall include:		Sec 92 and Sec 94 of factories act 1948
	a) the provision and maintenance of plant and systems of work in the factory that are safe and without risks to health
	b) the arrangement in the factory for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;
	c) the provision of such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work;
	d) the maintenance of all places of work in the factory in a condition that is safe and without risks to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risks; and
	e) the provision, maintenance or monitoring of such working environment in the factory for the workers that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work.
41B. COMPULSORY DISCLOSURE OF INFORMATION BY THE OCCUPIER. 41 B.(3)	(1) The occupier of every factory involving a hazardous process shall disclose in the manner prescribed all information regarding dangers, including health hazards and the measures to overcome such hazards arising from the exposure to or handling of the materials or substances in the manufacture, transportation, storage and other processes, to the workers employed in the factory, the Chief Inspector, the local authority within whose jurisdiction the factory is situate and the general public in the vicinity. The information shall include accurate information as to the quantity, specifications and other characteristics of wastes and the manner of their disposal.		Sec. 96A provides punishment with seven years imprisonment or fine which may extend to Rs. 2,00,000 for the non-compliance with, or contravention of, any of the provisions of Sec. 41B, 41C or 41H or rules made thereunder by any person. In case the fa ilure or contravention continues, with additional fine which may extend to Rs. 5,000 for every day during which such failure or contravention continues after the contravention for the first such failure or contravention. If such failure continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to 10 years.
41B.(2)	(2) The occupier shall, at the time of registering the factory involving a hazardous process, lay down a detailed policy with respect to the health and safety of the workers employed therein and intimate such policy to the Chief Inspector and the local authority and, thereafter, at such intervals as may be prescribed, inform the Chief Inspector and the local authority of any change made in the said policy .	At the time of registration	Sec. 96A of factories act,1948
41B.(4)	Every occupier shall, with the approval of the Chief Inspector, draw up an on-site emergency plan and detailed disaster control measures for his factory and make known to the workers employed therein and to the general public living in the vicinity of the factory the safety measures required to be taken in the event of an accident taking place.		Sec. 96A of factories act,1948
41B.(5)	Every occupier of a factory shall, - (a) if such factory engaged in a hazardous process on the commencement of the Factories (Amendment) Act, 1987 (2 of 1987), within a period of thirty days of such commencement; and (b) if such factory proposes to engage in a hazardous process at any time after such commencement, within a period of thirty days before the commencement of such process, inform the Chief Inspector of the nature and details of the process in such form and in such manner as may be prescribed.	within a period of 30 days before the commencement of a hazardous process	Where any occupier of a factory contravenes the provisions of sub-section (5), the licence issued under section 6 to such factory shall, notwithstanding any penalty to which the occupier of factory shall be subjected to under the provisions of this Act, be liable for cancellation. 41B(6)
41B(7)	The occupier of a factory involving a hazardous process shall, with the previous approval of the Chief Inspector, lay down measures for the handling, usage, transportation and storage of hazardous substances inside the factory premises and the disposal of such substances outside the factory premises and publicise them in the manner prescribed among the workers and the general public living in the vicinity.		Sec. 96A of factories act,1948
41C. SPECIFIC RESPONSIBILITY OF THE OCCUPIER IN RELATION TO HAZARDOUS PROCESSES. -	Every occupier of a factory, involving any hazardous process, shall a) maintain accurate and up-to-date health records or, as the case may be, medical records of the workers in the factory who are exposed to any chemical, toxic or any other harmful s ubstances which are manufactured, stored, handled or transported, and such records shall be accessible to the workers subject to such conditions as may be prescribed; b) appoint persons who possess qualifications and experience in handling hazardous subs tances and the competence to supervise such handling within the factory and to provide at the working place all the necessary facilities for protecting the workers in the manner prescribed		Sec. 96A of factories act,1948
41H. RIGHT OF WORKERS TO WARN ABOUT IMMINENT DANGER.( duty of the occupier to take immediate remedial action)	It shall be the duty of the occupier to take immediate remedial action if he is satisfied about the existence of imminent danger to the lives or health of the workers employed in any factory engaged in a hazardous process due to any accident. He sh all also send a report of the action taken to the nearest Inspector of Factories. If he is not satisfied about the existence of any imminent danger as apprehended by the workers, he shall refer the matter to the nearest Inspector of Factories whose decis ion on the question of the existence of such imminent danger shall be final		Sec. 96A of factories act,1948
Sec. 49. WELFARE OFFICERS. -	In every factory wherein 500 or more workers are ordinarily employed, the employer shall employ in the factory prescribed number of welfare officers.		Sec 92 and 94 of factories act 1948
Sec. 91A. SAFETY AND OCCUPATIONAL HEALTH SURVEYS. -	The Chief Inspector, or the Director General of Factory Advice Service and Labour Institute, or the Director General of Health to the Government of India, or officers authorised by them may, after giving a notice in writing to the occupier, undertake safety and occupational health surveys. The occupier shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey		Sec. 95 lays down penalty of punishment with imprisonment for six months or fine of Rs. 10,000 or both for wilfully obstructing an Inspector in the exercise of any powers conferred on him by or under this Act or failing to produce any registers and other documents to him on demand or concealing or preventing any workers from appearing before or being examined by the Inspector.
Sec. 110. RETURNS	The occupier has to submit required returns, occasional or periodical, to the prescribed authorities.		Sec 92 and 94 of factories act 1948
(Sec. 102)The court may, in addition to awarding any punishment, require the occupier to take measures so specified for remedying the matters in respect of which the offence was committed