An Occupier and manager are the key management personnel in an organization, they are responsible for the day to day administration of the factory as well as to fulfill all the statutory requirements of the act, they have ultimate control over the affairs of the factory and are held liable if any set back is detected regarding the compliance of statutory responsibilities and liabilities.
Contents hide
1 Objective of Factories Act, 1948
4 Statutory Responsibilities and Liabilities of Occupier and Manager
6 General duties of the Occupier
7 Appointment of Safety officers
8 Right of workers to warn about danger
Objective of Factories Act, 1948
The main objective of the Indian Factories acts 1948 is to regulate the working conditions in factories, to regulate health, safety welfare, and annual leave, and enact special provisions in respect of the young.
Who is an Occupier?
The Factory Act 1987 states that every factory must have an Occupier. The definition of occupier is given under section 2(n) of the act as the person who has ultimate control over the affairs of the factory.
Who is a Manager?
As per the Factories Act The Manager is defined as the person responsible to the occupier for the working of the factory for the purpose of the act, a manager is not responsible for overall control of the factory and as per section 64 is an officer of the factory, holding a position of supervision and control and position of confidentiality and has limited power to take decisions relating to daily and routine functions of the factory.
Statutory Responsibilities and Liabilities of Occupier and Manager
There are various Responsibilities and liabilities of Occupier and Manager of the factory specific under the act, some of them are mention below ;
Notice by occupier
Section 7 of the act specifies that, The occupier shall send to the chief inspector a Written notice in respect of all establishments which come within the scope of the act for the first time, before a factory engaged in a manufacturing process which is ordinarily carried on for less than one hundred and eighty working days in the year resumes working, whenever a new manager is appointed.
General duties of the Occupier
The general duties of occupier are stated under Section 7A of the act as, it is the duty of occupier to ensure the health, safety and welfare of the workers, to prepare a written statement of the general policies with respect to the health and safety of the workers at work is also the responsibility of the occupier. Apart from that the occupier is also responsible for providing such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work.
Appointment of Safety officers
Section 40-B of the act states thatIt is the duty of the occupier to appoint a safety officer where one thousand or more workers are employee or where the State Government notifies in the official Gazette.
Right of workers to warn about danger
It describe in section 41-H of the act that it is the duty of such occupier , agent, manager or. The person in charge of the factory. Or process to take immediate remedial action if he is satisfy about the existence of such danger in the factory .
Register of Adult Workers
Section 62 of the act mentions that every manager of every factory shall maintain a register of adult workers. To be available to the inspector at all times during working hours. Or when any work is carry on in the factory.
In State of Maharashtra v. SampatLalMensukhBothrait was held that the obligation to maintain registers is impose on the manager.
Annual leave with wages
Section 79 of the act states the provisions regarding annual leaves. Under it the manager or occupier of the factory may lodge with chief inspector a scheme in writing. Whereby, the grant of leave allowable under this section may be regulate.
Conclusion
It is essential for the occupier and Manager to fulfill all the duties specified under the act. In order to protect the factory as well as its workers. By protecting the employees one can protect the factory from lawsuits as well. It makes for a stable working environment where people feel safe to come to work. It also reduces the chances of hazards and ensures maximum safety of the workers . In case an occupier or manager fails to comply to the statutory responsibilities and liabilities of the factory. Then provisions regarding the penalties and punishment for the same are also mention in the act .
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