case laws on factories act, 1948

As per Section 2(c) of the Prevention of Corruption Act, 1988, 'public servant' me the aid of Electrical power without prior permission in writing from the Chief Inspector of Factories and Boilers, thereby, committed offence punishable under Section 92 of Factories Act,(1) OF THE The expressions manufacturing process as well as power used in the Act have been given the same meaning as in the Factories Act, 1948, videSection 2(14-AA) and Section 2(15-C) of the Act. M/s. The Whites wanted Indians to be precluded from residing in White areas. The Industrial Conciliation Act No 36 of 1937. Enacted various schooling mechanisms. Commenced: 15 March 1974. Sections repealed by the Abolition of Influx Control Act No 68 of 1986 and the Abolition of Racially Based Land Measures Act No 108 of 1991. 2. Factories act 1948 summary - STUDY NOTES - 3 : INDUSTRIAL LAWS 3 Criminal Appeal No. (LogOut/ This Act provided for the establishment of a separate educational system run by the Department of the Native Affairs under the minister Dr H. F. Verwoerd and was in fact penned by Dr Verwoerd. In addition South Africans who absent themselves for three continuous years from the country forfeit domicile rights, and Indians who have entered the country illegally (mostly at the time of the Anglo-Boer War) condoned and issued with condonation certificates. To counter the influx and consolidate the growing numbers, the government set up semi-urban townships for Black, Indian and Coloured population groups. 2. Ltd. the petitioners to show cause as to why action should not be initiated for the contravention of the provision of the Factories Act, 1948. Prescribed Rate of Interest Act, 1975 (Act 55 of 1975). Section 1. Sections 1-8 and 11 repealed by the Internal Security Act No 74 of 1982. The article is described as follows: history, objectives, some key terminology and definitions in their most basic form, application to the Factories Act, penalties for violation of the Act, facilities supplied to employees in a factory, and finally, certain case laws and new amendments to the Act. It is passed in 1935. Repealed by s 101(1) of the Republic of South Africa Constitution Act No 110 of 1983. ORDER It was repealed by section 23 of the Identification Act, Act No 72 of 1986. Amended South African labour laws for Transkei. This Act effectively revalidated the 1951 Separate Representation of Voters Act, which had been challenged by the Franchise Action Council and declared invalid by the Supreme Court. However, the Act implemented positive changes at representative levels. A further measure by government to curb labour mobility was facilitated by the implementation of the Natives (Abolition of Passes and Co-ordination of Documents) Act. Assent gained: 27 March 1968; commencement date not found. Apartheid Legislation 1850s-1970s | South African History Online | Terms, + Central Electricity Regulatory Commission, + District Consumer Disputes Redressal Commission, + National Consumer Disputes Redressal Commission, + Appellate Tribunal For Foreign Exchange, + National Company Law Appellate Tribunal, + State Consumer Disputes Redressal Commission, + Appellate Tribunal- Prevention Of Money Laundering Act, + Appellate Authority for Advance Ruling, GST, + Telecom Disputes Settlement And Appellate Tribunal, + Board For Industrial Financial Reconstruction, + Airports Economic Regulatory Authority Of India, + Appellate Tribunal For Forfeited Property, + Airports Economic Regulatory Authority Appellate Tribunal, + Appellate Tribunal For Forfeited Property1, + Appellate Tribunal for Forfeited Property, + Insolvency And Bankruptcy Board Of India, + Monopolies and Restrictive Trade Practices Commission, + Petroleum And Natural Gas Regulatory Board, SHIVAPPA S/O VENKAPPA MADALLI v. THE STATE OF KARNATAKA. 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The 1936 Native Trust and Land Act served to secure the provisions in the 1932 Native Service Contracts Act. RESPONDENT THE FACTORIES ACT, 1948 - CaseLaws In the case of K.V. Labour Laws: Working Hours in a Factory - Legal Service India - Law Tamil Nadu Government notification for Panchayat Election Holiday declaration on 27th November 2019? Commenced: 26 October 1966. Commissioner Of C. This Bill is designed for mere segregation. All about Factories Act, 1948 by Mugdha Jain - Latest Laws Under this article, we will look at the safety measures under the Factories Act, 1948. In spite of this provision hundreds of workers still get maimed and die due to lack of adequate machine guard. Africans became liable to pay tax at the age of 18, while members of other groups only paid personal tax when they attained the age of 21. Any Indians are considered dangerous agitators subject to deportation. Repealed by section 20 of the Mines and Works Amendment Act No 27 of 1956. The Amenities Act provided that there should be separate amenities such as toilets, parks and beaches for different racial groups. That was challenged by one Smt. It was repealed by section 69 of the Black Communities Development Act, Act No 4 of 1984. more, Bantu/Native Building Workers Act, Act No 27 of 1951. A banned person was confined to a particular district and was precluded from occupying an office in any trade union or political organisation. The new system was in the view of the African National Congress inequitable and would create further hardship for the people. It is identical to Proclamation 252 of the Ciskei except that an additional clause includes in the definition of subversive statements or actions, the threatening of a scholar or by any means influencing him to refrain from attending classes or sitting for any examination (SRR 1977: 360). Intelligence Service and State Security Council Act No 16 of 1977, Provided for a state security advisory board in which South Africa played a role. Prof Z.K. In 1977Bophuthatswana gains its independence and KwaZulu is proclaimed a self-governing territory. TOPIC COVERED 1. Firstly, the Supreme Court announced it illegal as Parliament had failed to secure the two-thirds majority required by the constitution to abolish the voting rights. This provision resulted in a widespread strike by women in 1956. a railway running shed; Firstly, government signaled its determination to protect White workers' interests. The Chief Inspector of Factories had filed two complaints against opposite parties under one of them violation of Section 87 of the Factories Act, 1948(hereinafter referred to as the Act) and Rule 109 of U.P Factories Rules 1950 framed thereunder was alleged. Judgement Date : april/2023 , Citation : 2023 Latest Caselaw 345 SC Read full Judgement M/s. Theoretically these laws applied to all races, but the courts held that the laws were applicable only to unskilled work, which was performed mostly by Black people (Dugard 1978: 85; Horrell 1978: 6). Nationality and Flag Act denies Indians right to become citizens by naturalization. Commenced: 8 March 1967. Sections 3-6 & 22 repealed by the Internal Security Act No 74 of 1982. Commenced: 3 August 1979, Republicof VendaConstitution Act No 9of 1979, Provided for a Venda Constitution. Other Similar User Discussions On Cite.Co, Related Files & Downloads Shared By Members, Hi, Has anybody worked on actual case studies of factories Act. Section 16 repealed by the State of Emergency Act No 86 of 1995. After the said amendment, the Employees' State Insurancefrom the operation of the Act since they were declared to be the seasonal factories within the meaning of the above-stated definition. Provided for the granting of increased powers to homeland governments, thus facilitating their eventual independence. The chapter, again, governs workshops and factories. P/U/S 7A(2)(c), SECTION 92 OF FACTORIES ACT, 1948 AND RULE Assent gained: 30 June 1961; commencement date not found. Factories, Machinery and Building Works Act of 1941. Petition Proceedings Replacement Act, 1976 (Act 35 of 1976). There was quite a range of reasons why this Act was introduced and strengthened. 838 of 1987. The income of a wife was regarded as her separate income and not that of her husband. Dissolution of Marriages on Presumption of Death Act, 1979 (Act 23 of 1979). Mitra, Occupier / Manager, Provided for the detention of individuals in the interests of national security or public safety (s 12(g)). Factory in The Factories act,1948 - Legal Services India In case nobody else has been designated to be in extreme authority over the issues of the organization, the Director of an organization or any partner of a partnership is regarded to be the occupier. The Transvaal Asiatic Land Tenure Act and its subsequent amendments in 1934, 1935 and 1937 establish statutory segregation of Indians in the Transvaal end the state of uncertainty about their status in the Province that has obtained since the passing of Law 3, 1885. Stitching of gunny bags, conversion of latex into rubber, sea water to salt, preparation of bidis, soaps etc. Introduced a ninety-nine-year leasehold system. This Act became the target of the Defiance Campaign of 1952. Commenced: 1 October 1977, Set out further requirements for labour in Transkei.Commenced: 1 October 1977, Provided for a minimum wage and wage regulation bodies. 6(1) and Sec. The provision of this Act was met with protest from most lecturers at Fort Hare. Undesirable Organisations Act No 9of 1978, Granted the state power to act against illegal organisations. Sections 3-7 and 14-17 repealed by the Internal Security Act No 74 of 1982. THE FACTORIES ACT, 1948 The Factories Act, 1948 came into force on 1st April 1949. The Promotion of Bantu Self-Government Act of 1959. Repealed by section 33 of the Births and Deaths Registration Act No 51 of 1992. The Act put limitations on number of overtime hours that skilled workers could work in response to the challenges posed by the skilled labour constraints. Commenced: 4 November 1966. Unlike the Coloured Persons Representative Council, the South African Indian Council was not granted legislative powers. The State Governments carry out the administration of the Act through: Inserted in 1987, via an amendment, Section 7A. Granted the police further powers with regard to search and seizure. v. Namita Tripathi SLP . It requires children of South African Indian parents, born outside the Union to enter the country within three months of birth. The first provision for Black self-government' in the urban townships. As per the provision of section 62 of the Emergency regulations contained in Proclamations 400 and 413 were issued under pre-union statutes (Dugard 1978: 110). He was also prohibited from attending political gatherings. The Act was two-fold. With the establishment of these urban areas the government was attempting to keep riots and any other form of threat by non-Whites on the White population group, under control. Register as C.C. Commenced: 2 June 1972. It prohibited Indians from purchasing land from non-Indians except in specified areas. Blacks were defined as being members of an African race or tribe, and Coloureds as people who were neither White nor Black. Section 66(1)(b) of the Factories Act, 1948 which imposes certain restrictions on women workers employed in industrial units. Prohibition of the Exhibition of Films on Sundays and Public Holidays Act, 1977 (Act 16 of 1977). The Bantu Authorities Act, Act No 68 of 1951, In 1951, in their objective to keep Black people permanently from the urban areas, the government introduced The Bantu Authorities Act. This Bill effectively disenfranchises Indians in Natal. Provided for organisations threatening public order or the safety of the public to be declared unlawful. 2(m) of the Factories Act are not satisfied.on the basis that the petitioner's factory does not employ 10 workers, the minimum specified in the Factories Act, 1948, that Factories Rules, 1957 under Section 6(1)(d) of the Factories Act, 1948, violation of Rule 130 of the Kerala Factories Rules, 1957 under Sections 83 and 112 of the Factories Act, Rule 132 of the Kerala Factories Rules, 1957 under Sections 83 and 112 of the Factories Act, 1948.2. CONCEPT OF FACTORY, WORKER, OCCUPIER AND MANUFACTURING PROCESS | Law column Repealed by Proc R 28 of 1992, 31 March 1992 (phasing out and abolishing the SADT in terms of the Abolition of Racially Based Land Measures Act No 108 of 1991), The Aliens Registration Act No 26 of 1936. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. General Law Amendment Act, 1973 (Act 62 of 1973). 1. She is currently interning with LatestLaws.com. Increased the State President's power to declare organisations unlawful. The Act gave only European women the right to elect and to be elected to the Houses of Parliament. "Complainant is present. The bonus doubled in 1931, and finally abolished in 1955 when it becomes apparent that only the old, intending to retire in India, take advantage of it. Repealed by s 56 A of the Black Local Authorities Act No 102 of 1982. The Act granted the British governor general authority to set aside all laws and declare a state of emergency. ( Ravi Shankar Sharma v. State of Rajasthan (1993) ).The act is to provide protection to the exploited workers and improve the working conditions in the industries and factories. APPLICATION OF THE ACT 3. (The wages of Black mine workers remained the same no matter what work they were doing they earned about a tenth of the wages of a skilled White worker.) It was used to forcefully remove squatting communities. 39. Provided for the establishment of community councils, and for civil and criminal judicial powers to be conferred in certain Black townships. Commenced: 8 March 1972 Repealed by s 73(1) of the Internal Security Act No 74 of 1982. Commenced: 27 April 1979 Sections 27-9 inclusive repealed by the State of Emergency Act No 86 of 1995 [SA]. The Minister of Justice could prohibit the possession or manufacture or supply of such objects. (3) Except in such cases as may be prescribed, every occupier shall prepare, and as often as may be appropriate revise, a written statement of his general policy with respect to the health and safety of the workers at work and organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision thereof to the notice of all the workers in such manner as may be prescribed. Commenced: 9 March 1979. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. It made section 10 of the Group Areas Act automatically applicable to every municipality. Redefined gathering and removed the reference to public. The victims of this Act in the 1950s included Albert Luthuli, Moses Kotane, J.B. Marks, Nelson Mandela, Oliver Tambo, Yusuf Dadoo, Walter Sisulu, Dora Tamana, Josie Mpama, Eli Weinberg, Betty du Toit, Dan Tloome, M. P. Naicker, Reg September and Joe Slovo. 2. Section 10 limited this to those who'd been born in a town and had lived there continuously for not less than 15 years, or who had been employed there continuously for at least 15 years; or who had worked continuously for the same employer for at least 10 years. Repealed by section 56 of the Industrial Conciliation Act No 28 of 1956. 2. Vs. Vijay D. Kasbe & Ors. Commenced: 19 July 1976, Republic of TranskeiConstitution Act No 15 of 1976, Created a Transkei Constitution. Sworn statement is dispensed. Commenced: 20 November 1974. Commenced: 1 September 1967, Separate Representation of Voters Amendment Act No 50 of 1968. According to the the appointment in an appropriate automobile institution registered under the Factories Act, 1948 or they did not possessAutomobile Engineering have obtained diploma, must possess three years' practical experience in an automobile engineering workshop registered under the Factories Act. Supreme Court of India Important Judgments And Leading Case Law Related to Section 7 The Factories Act, 1948: J.K. Industries Limited Etc.Etc vs The Chief Inspector Of Factories on 25 September, 1996. Read more CONCEPT OF FACTORY, WORKER, OCCUPIER AND MANUFACTURING PROCESS . perused. Iviolation of provisions of Sections 20 and 25 of the Act was alleged. No protection for those who had acquired interests on proclaimed (mining) land. Change). The primary aim of this Act was to make the residential separation compulsory. Previously Black workers had been completely prohibited from striking. However, the exclusion of migrant workers and frontier commuters remained in force until it was lifted in the Government Gazette No 6679 of 28 September 1979 (SRR 1979: 285). Comments. This Act was substituted for the 1924 and 1937 Industrial Conciliation Acts. Fortnightly visits by magistrates were provided for if circumstances permit'. It referred to any non-parliamentary political opposition to the government. The Population Registration Act, Act No 30 of 1950. Commenced: 27 June 1962. Excluded Blacks from membership of registered trade unions and prohibited registration of Black trade unions. Local authorities were expected to provide housing for Africans, or to require employers to provide housing for those of their workers who did not live in the locations. This Ordinance attempts to cripple Indian trade. Commenced: 31 August 1936. It was repealed by section 344(1) of the Criminal Procedure Act, Act No 51 of 1977. Commenced: 15 March 1974. Factory includes any premises including the precincts thereof. This Act debars Indians from holding seats on regulatory boards. In terms of this Act any reference in any law to the institution of application proceedings in any court by petition, shall be construed as a reference to the institution of such proceedings by notice of motion in terms of the rules of such court. This indemnifies the State, members of the Executive Council of the Republic, persons in the service of the State and persons acting under their authority in respect of acts, announcements, statements or information advised, commanded, ordered, directed, done, made or published in good faith for the prevention, suppression or termination of internal disorder or the maintenance or restoration of good order or public safety or essential services or the preservation of life or property in any part of the Republic. However there was a discrepancy with regard to the payment of the benefits to the pensioners. Section 52 provides that there shall be holiday for the whole day in every week and such weekly holiday shall be on the first day of the week. The Nationalist Party government developed the concept of unequal allocation of resources such as general infrastructure, education and jobs and formalised this into law. Additional facilities in case of large factories. It is stated that as on the date whenrequired under the provisions of the Factories Act. (i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power or is ordinarily so carried on; or The SANT imposed systems of control over livestock, introduced the division of arable and grazing land, and enforced residential planning and villagisation (called 'betterment') under the guise of modernising African agricultural systems; An elaborate system for registering and controlling the distribution of labour tenants and squatters was introduced under the Act. This Act consolidated the laws relating to the admission and practice of attorneys, notaries and conveyancers. Section 87-c does not say any time period of medical examination and does not say that it is mandatory? Dr. D. F. Malan, Minister of the Interior, introduces Areas Reservation and Immigration and Registration (Further Provision) Bill in Parliament. THE-FACTORIES-ACT-1948 Download. Assent gained: 11 July 1977; commencement date not found. The act provides for guidelines and regulations to be followed by the owners of the factories. Suppression of Communism Act, Act No 44 of 1950. After realising the significant role played by the workers in industry, the government extended this system to women. A sliding scale, according to which the tax was payable increased depending on income. It gave local authorities the power to demarcate and establish African locations on the outskirts of White urban and industrial areas, and to determine access to, and the funding of, these areas. Inter-Cabinet Council formed by the Prime Minister with members drawn from the Coloured Persons Council and the Indian Council and the White cabinet. The Act provided for the creation of a separate voters' roll on which Coloureds would be able to elect White representatives. Permitted the granting of certificates of competency for a number of skilled mining occupations to Whites and Coloureds only. The Natal Provincial Council passes three ordinances of 1922: Minister of Interior, Sir Patrick Duncan, introduces Class Areas Bill, which proposes compulsory residential and trading segregation for Indians throughout South Africa. 8(1) OF THE FACTORIES ACT 1948) The Industrial Conciliation (Natives) Bill was presented in parliament by the United Party's government under the leadership of Jan Smuts in 1947. The Act, among others, provides for the continuation of the Attorneys Fidelity Fund and law societies in respect of the attorneys' profession. Exemption in Section 55: Period of work for an adult worker should not be more than 6 hours but the interval of rest is at all times necessary. The Act prohibited strikes by Africans. 256/2017 FOR THE ALLEGED OFFENCE PUNISHABLE U/S 92 OF FACTORY'S ACT, 1948 PENDING ON THE The Acts laid down legal provisions on the specific areas where different population groups could own property, reside and work. Representation of Blacks Act No 12 of 1936. It also controls imports and exports to South Africa. No court had the jurisdiction to order the release of prisoners or to rule on the validity of the regulations under the Act. The Indian government complies. The attempts by the National Liberation League and African People Organisation to protest this provision never achieved success. (SRI VIJAYAKUMAR MAJAGE, ADDL. They lose vote in boroughs. The complaints from White traders stemmed from the stiff business competition they encountered from their Indian counterparts or business opponents. 632 of 1977. Commenced: 1 January 1954. Bantu Homelands Citizenship Act (National States Citizenship Act) No 26 of 1970. They made it a criminal offence to breach the contract of employment. They even had to have passports to enter South Africa. Commenced: 10 July 1936. Notice by occupier. Criminal Procedure Act, Act No 56 of 1955. Natives Labour (Settlement of Disputes) Act of 1953. Extension of the Application of Transkeian Laws Act No 6 of 1976, Attempted to define areas of function for Transkeian laws. Prohibited acquisition of land in urban areas by Blacks from non-Blacks except with the Governor-Generals consent (Horrell 1978: 3). Repealed by section 51 of the Second General Law Amendment Act No 94 of 1974. PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Declaration, declaring Section 66 of the Factories Act, 1948 as arbitraryof the Factories Act, 1948 as arbitrary, unconstitutional and void.2. Suppression of Communism Act No 24 of 1967. The Act sanctioned the punishment of any group that did anything intended to bring about political, economic, industrial and social change through the promotion of disorder or disturbance, using unlawful acts or encouragement of feelings of hostility between the European and non-European races of the Union. Designed to speed up the planning for partial consolidation of homelands. (2) It extends to the whole of India (3) It shall come into force on the 1st day of April, 1949. Retrospective to 16 June 1976. A Critical Study of Health and Safety Provisions of The Factories Act Prevention of Illegal Squatting Act, Act No 52 of 1951. 2this petition COMING ON FO105 of Factories Act, 1948 and the Karnataka Factories Rules, 1969, accusing of committing certain offices under the said provisions. The Immigration and Indian Relief (Further Provision) Bill of 1927. Required all Black persons to become citizens of a self-governing territorial authority. JAYSING L DESHMUKH v. THE STATE OF KARNATAKA, SRI SACHIN B RATHOD v. THE STATE OF KARNATAKA, K. Dhanalakshmi v. State by Inspector of Factories, R.Janani Soundarya v. The Deputy Director, DR. RASHMI BARBHAIYA v. STATE OF KARNATAKA, Dr. Rashmi Barbhaiya v. State Of Karnataka. Included in this category were the ANC and the PAC (SRR 1979: 312). This Ordinance prevented Indian ownership of land in White areas. Assent gained: 19 June 1967; commencement date not found. Amended the extension of University Education Act No 45 of 1959 and the University of Fort Hare Transfer Act No 64 of 1959. Assent gained: 7 April 1960; commencement date not found. TheAsiatic Immigration Amendment Act of 1931. 92+of+factories+act+1948 | Indian Case Law | Law | CaseMine

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