comparision of act

8/13/2019 Comparision of ACt

1/27

Presentation on

Comparative Scenario of-

Factories Act,1948

Bombay Shops and

Establishments Act,1948

Mines Act,1952 Contract Labour Act,1970

1


2/27

2

Matter Factories

Act

Shops and

Establishm

ents Act

Mines Act Contract

Labour Act

Objective An act to

consolidate and

amend the law

regulating labour

in factories.

An act to

consolidate and

amend the law

relating to the

regulations of

conditions of work

and employmentin shops,

commercial

establishments,

residential hotels,

restaurants,

eating houses,

theatres, otherplaces of public

amusement or

entertainment

and other

establishment

An act to amend

and consolidate

the law relating to

the regulation of

labour and safety

in mines

An act to regulate

the employment

of contract labour

in certain

establishments

and to provide for

its abolition incertain

circumstances and

for matters

connected

therewith


3/27

3

Matter Factories

Act

Shops and

Establishm

ents Act

Mines Act Contract

Labour Act

Extent It extends to thewhole of India

It extends to thewhole of the State

of Gujarat

It extends to thewhole of India

It extends to thewhole of India

Authorities

Involved

Inspectors and

Certifying

Surgeons

Chief Inspector

Additional Chief

Inspector

Joint Chief

Inspector

Deputy Chief

InspectorMedical

Practitioners as

certifying

surgeons

Inspectors Inspectors,

Certifying

Surgeons,

Committees

Chief Inspector

District

magistrate as

Inspector

Medical

Practitioners ascertifying

Surgeons

The Advisory

Boards-Central

Advisory Board

and StateAdvisory Board as

well as the

committees

constituted by

them.

Central Board:-Chairman

Chief Labour

Commissioner

Such number of

members, not


4/27

4

Matter Factories

Act

Shops and

Establishm

ents Act

Mines Act Contract

Labour Act

Committee

members:a) A person in

service of

Government,

not being the

Chief

Inspectorb) Chief

Inspector of

mines

c) Two persons

to represent

the interest of

minersd) Two persons

to represent

the interest of

owners

exceeding 17, but

not less than 11 asthe Central

Government may

nominate to

represent the

Government,

Railways, CoalIndustry, Mining

Industry,

Contractors,

workmen and any

other interest

which, in opinion

of CentralGovernment,

ought to be

represented on

the Central Board


5/27

5

Matter Factories

Act

Shops and

Establishm

ents Act

Mines Act Contract

Labour Act

e) Two qualified

mining engineers,

not directly

employed in the

mining industry

State Board:-

Chairman

Labour

Commissioner

Such number of

members, not

exceeding 11 butnot less than 9, as

the State

Government may

nominate to

represent the

Government,

industrycontractors,

workmen and any

other interests


6/27

6

Matter Factories

Act

Shops and

Establishm

ents Act

Mines Act Contract

Labour Act

Procedure

involved

Submissions of

plans of any class

of factories to

Chief Inspector or

State

Government, with

previouspermission in

writing of the

State Government

or Chief Inspector

for the site of

factory. Requiring

registration and

licensing of

factories,

Registration of

establishments via

sending a

statement,

including name of

employer and

manager if any,name of

establishment,

postal address of

establishment,

category of

establishment,

alongwith fees to

the Inspector of

the local area

concerned

Notice to be given

of mining

operations to the

Chief Inspector or

District magistrate

in writing

FOR

REGISTRATION

OF

ESTABLISHMENT

Every principal

employer of an

establishmentshall, by

notification in the

Official Gazette,

make an

application to the

registering officer

in the prescribed

manner for

registration of the

establishment


7/277

Matter Factories

Act

Shops and

Establishm

ents Act

Mines Act Contract

Labour Act

payment of

prescribed fees for

registration and

for renewal of

licenses.

NOTICE BYOCCUPIER:

Notice to be given

by occupier to the

Chief Inspector

atleast 15 days

before he beginsto occupy or use

any premises as a

factory

FOR LICENSING

OF

CONTRACTORS:

It involves

applying for grant

of license.

Applicationcontain-location

of establishment,

nature of process,

work for which

contract labour is

to be employed.Licensing officer

may make such

investigation in

respect of the

application and

issues license


8/278

Matter Factories

Act

Shops and

Establishm

ents Act

Mines Act Contract

Labour Act

Health Provisions Provisions forCleanliness,

Disposal of wastes

and effluents,

ventilations and

temperature, dust

and fumes,

artificialhumidification,

overcrowding,

lighting, drinking

water, latrines and

urinals, spittoons

Provisions forCleanliness,

ventilations,

lightning

Provisions forDrinking water,

Conservancy,

Medical

Appliances,

conveyance to

hospitals or

dispensaries

Provisions forDrinking water,

latrines and

urinals

Safety Provisions Provisions offencing of

machinery, work

on or near

machinery in

motion,

Precautionsagainst fire, First

aid

Power ofInspectors when

causes of dangers

are not expressly

provided, notice

of certain diseases

and accidents,

First aid facilities


9/27


10/2710

Matter Factories

Act

Shops and

Establishm

ents Act

Mines Act Contract

Labour Act

Welfare Provisions Washing facilities,facilities for

storing and drying

of clothing,

facilities for

sitting, first aid

appliances,

canteens, shelters,

rest rooms and

lunch rooms,

creches

Rest rooms,Medical facilities

Canteens,shelters, rest

rooms, washing

facilities, creches

Canteens, restrooms, washing

facilities

Provisions relating

to Hazardous

Processes

Informing about

hazardous

processes and

measure to

overcome them to

the workers, Chief

Inspector, local

authority &

Young persons

and women are

prohibited to

work, as may be

declared by the

State

Government,

involving danger

The Chief

Inspector will

prohibit the

extraction or

reduction of pillars

or blocks of

minerals in any

mine or part

Not mentioned in

the Act*

(* Provisions

would be based on

the place where

contract workers

are employed)


11/2711

Matter Factories

Act

Shops and

Establishm

ents Act

Mines Act Contract

Labour Act

general public.It shall include

accurate

information

regarding

quantity(Schedule

2), specifications

and othercharacteristics of

wastes and

manner of their

disposal

Maintenance of

accurate and uptodate health

records of the

workers

Appoint persons

who possess

qualification and

to life, health andmorale

thereof, if in hisopinion, such

operation is likely

to cause the

crushing of pillars

or blocks of

minerals or the

prematurecollapse of any

part of the

working or

otherwise

endanger the

mine or the life orsafety of persons

employed or if

provisions for

safety against

fire/flooding is not


12/2712

Matter Factories

Act

Shops and

Establishm

ents Act

Mines Act Contract

Labour Act

experience in

handlinghazardous

substances

made by

restricting thatarea

Occupational

Diseases involved

3rdschedule in the

bare act shows the

list of notifiable

diseases due tohazardous

processes( Pg:281)

No specifications

mentioned in the

Act

Silicosis,

Pneumoconiosis,

Manganese

Poisoning Nervoustype

No specifications

mentioned in the

Act*

(*Based on place

of working)

Daily hours of

work

For Adults: Not

more than 9 hours

For children: Notmore than 4 and

half hours in any

day. Not allowed

to work at night

For residential

hotels, restaurants

and eating

houses: Not morethan 9 hours in

any day (during

regular days) and

not exceeding 3

hours in any day

(during the time,

Hours of work

above ground:

Not more than 9

hours in any dayand not more than

48 hours in any

week

Hours of work

below ground:

Not more than 8

Not more than 8

hours in a day

However it is

compulsory forevery contractor

to maintain a

Register of

Overtime in Form

XXIII which will

contain all details


13/2713

Matter Factories

Act

Shops and

Establishm

ents Act

Mines Act Contract

Labour Act

not more than 10

days in a year, on

festive or special

occasions.

For Theatres or

other places of

publicamusements or

entertainment:-

1) Not more

than 9 hours

in any day

2) For any period

in excess ofthe limit fixed

under sub-section

1), if such period

does not exceed 6

hours in any week

hours in any day

and not more than

48 hours in any

week

relating to

overtime wage

calculation, hours

of extra work,

name of

employee, etc


14/2714

Matter Factories

Act

Shops and

Establishm

ents Act

Mines Act Contract

Labour Act

Provisions foremployment of

young persons

and women

No child who hasnot completed his

14thyear shall be

allowed to work in

any factory. A

child who has

completed his 14th

year shall not be

allowed to work in

factory unless a

certificate of

fitness is granted

to him & such

child carries atoken giving a

reference to such

certificate

No child to work inany establishment

Prohibition of

employment of

young persons

and women in

dangerous work

No persons below18 years of age

shall be allowed to

work in any mine

or part thereof.

Apprentices and

other trainees not

below 16 years of

age, may be

allowed to work.

No women shall,

notwithstanding

anything

contained in anyother law, be

employed:

a) In any part of

a mine which

is below

ground

Same as FactoriesAct


15/2715

Matter Factories Act Shops and

Establishmen

ts Act

Mines Act Contract

Labour Act

b) In any mineabove ground

except

between the

hours of 6 A.M

and 7 P.M

Night Shifts and

employment of

women

No women shall

be allowed to

work except

between 6 A.M

and 7 P.M

(Exception: Not

between 10 P.M

to 5 A.M) State

Government

may, by

notification in

the official

Gazette vary

Exemptions of

working hours are

prevalent in BPOs

and call centers.

Provisions for

women working in

night shifts are

same as FactoriesAct

Women are

not allowed to

work at night

Same as Factories

Act


16/2716

Matter Factories

Act

Shops and

Establishm

ents Act

Mines Act Contract

Labour Act

time limit inrespect of factory

situated in the

Special Economic

Zone, subject to

the following

conditions:

a) The employershall provide

for free

transport

facilities to

and for from

the residenceto the place of

work for

women

employees.

b) The employer


17/2717

Matter Factories

Act

Shops and

Establishme

nts Act

Mines Act Contract

Labour Act

shall ensure security

for women

employees at place

of work and during

transportation.

c) The employer

shall provide

facility forseparate

creches and

rest rooms for

women

employees.

State

Governmentmay make rules

providing

exemptions

from

restrictions for


18/2718

Matter Factories Act Shops and

Establishm

ents Act

Mines Act Contract

Labour Act

women working innight shifts, to such

extent and subject to

such conditions , of

women working in

fish-curing or fish-

canning factories,

where the

employment of

women beyond the

hours is necessary to

prevent damage to or

deterioration in, any

raw material (Rulesshall remain in force

for not more than 3

years at a time

Extra wages for

overtime

Twice his ordinary

rate of wages

Same as Factories

Act

Same as

Factories Act

Same as Factories

Act


19/27

19

Matter Factories

Act

Shops and

Establishm

ents Act

Mines Act Contract

Labour Act

Spread over ofperiods of work

Spread overshould not be

more than 10

hours in any day

Spread over inshops: Shall not

exceed 11 hours in

any day provided

that in case where

any shop is on any

day entirely closedfor a continuous

period of not less

than 3 hours, the

spread over shall

not exceed 12

hours in that day

Spread over incommercial

establishment,

Theatres or other


more than 10

hours in a day

including overtime


more than 54

hours in any week

subject to the

conditions that

aggregate hoursso worked shall

not exceed 150

hours in a year


20/27

20

Matter Factories

Act

Shops and

Establishm

ents Act

Mines Act Contract

Labour Act

places of public

amusements: shall

not exceed 11

hours in any day

provided that the

State Government

may increase the

periodSpread over in

Residential hotels,

Restaurants and

eating houses:

shall not exceed

14 hours provided

that the StateGovernment may

increase the

period


21/27


22/27

22

Matter Factories

Act

Shops and

Establishm

ents Act

Mines Act Contract

Labour Act

15 days of work

performed

b) In any other

case, at the rate of

1 day for every 20

days of work

performed

2) A calendaryears service

referred to in sub-

section 1) shall be

deemed to have

been completed-

a) In case of

person

employed

below ground,

has put not

less than 190

attendances


23/27

23

Matter Factories

Act

Shops and

Establishm

ents Act

Mines Act Contract

Labour Act

b) In case of any

other person, hasput not less than

240 attendances

Penalties General Penalty

for offence:

Punishment of

imprisonmentextending upto 2

years for manager

or with fine upto 1

lakh or both and if

contravention is

continued,extends upto 1000

Rs. for each day

Failure of sending

application of

registration of

shop to theinspector within

specified period,

allowing women

or child to work

,not following

opening andclosing timings,

holidays, not

meeting health

and safety

provisions:

For obstructing

inspectors:

Imprisonment

extending upto 3months or fine of

500 Rs or both

Falsification of

records, etc:

Imprisonmentextending upto 3

months or fine of

1000 Rs or both

For obstructing

inspectors:

Imprisonment

extending upto 3months or fine of

500 Rs or both

Contravention of

provisions

regardingemployment of

contract labour:

Imprisonment

extending upto 3

years for manager


24/27

24

Matter Factories

Act

Shops and

Establishme

nts Act

Mines Act Contract

Labour Act

For obstructinginspectors:

Imprisonment

extending upto

6 months or fine

of 10,000 Rs or

both

For wrongfully

disclosure of

results of

analysis:

Imprisonment

upto 6 months

or fine of 10,000

Rs or both

The employer andmanager shall each

be punished with

the fine not less

than 25 Rs

extending upto 250

Rs, which if

continued afterexpiry of 15thday,

shall be punished

with fine of 10 Rs

per day

Hawking before

opening and after

closing hours of

shop: Fine of not

less than 10 Rs,

extending upto 50

Rs

Use of falsecertificates of

fitness:

Imprisonment

extending upto 1

months or fine of

200 Rs or both

Omission to

furnish plans, etc:

Fine upto 1000 Rs

Contravention of

provisions

regarding

employment of

labour:

or with fine upto1000 Rs or both

and if

contravention is

continued,

extends upto 100

Rs. for each day

Offences by

companies:

Company as well

as every person in

charge of the

company shall be

deemed to be

guilty and shall be

proceeded against

and punished

accordingly


25/27

25

Matter Factories

Act

Shops and

Establishm

ents Act

Mines Act Contract

Labour Act

Employee

contravening

provisions of

holidays clause:

Fine of not less

than 10 Rs,

extending upto 50Rs

False entries by

employers and

managers: Fine of

not less than 50

Rs, extending

upto 250 Rs

Enhanced penalty

on repeated

contravention:

Imprisonment

extending upto 3

months or fine of

1000 Rs or both

Penalty for

employment ofpersons below 18

years of age: Fine

extending upto

500 Rs

Failure to appoint

manager:

Imprisonment

extending upto 3

months or fine of

2500 Rs or both


26/27

26

Matter Factories

Act

Shops and

Establishm

ents Act

Mines Act Contract

Labour Act

For 2ndconviction:

Fine of not less

than 50 Rs,

extending upto

500 Rs

For 3rdand further

convictions:Fine of not less

than 75 Rs,

extending upto

750 Rs

Obstructing

Inspector: Fine of

not less than 25

Rs, extending

upto 250 Rs

Notice of

accidents:

Imprisonment

extending upto 3

months or fine of

500 Rs or both


27/27

27

comparision of act

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