According to section 2(m) "factory" means any premises including the precincts thereof;
(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
(ii) whereon twenty 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 without the aid of power, or is ordinarily so carried on, - but does not include a mine subject to the operation of the Mines Act, 1952 (XXXV of 1952) or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place;
According to section 2(cb) "hazardous process" means any process or activity in relation to an industry specified in the 'First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye-products, wastes or effluents thereof would-
cause material impairment to the health of the persons engaged in or connected therewith, or
(ii) result in the pollution of the general environment: - Provided that the State Government may, by notification in the official Gazette, amend the First Schedule by way of addition, omission or variation of any industry specified in the said Schedule;
When an accident takes place in a factory the Occupier or Factory Manager informs the Chief Inspector within a period of 48 hours or so (Section 88) and shall send Form No. 22 containing all the information regarding the said accident to Labour Department, Industrial Health And Safety, which shall inquire into the matter by factory inspector who inspects the accident spot, take the witness, then he shall issue a show cause notice to the Occupier and Factory Manager to reason out the causes of the mis happening. If the Factory Inspector is not satisfied with the reply given by the factory management, he institutes a case against the Occupier and Factory Manager before Judicial Magistrate First Class, Labour Court (Section 105). Then in case if the party to the disputes are not satisfied with the judgement, they shall refer the case to the High Court or and to the Supreme Court respectively.
The current Factories Act in operation for the last 37 years has provided so many benefits to the factory workers. It improved their working and employment conditions. The Government is considering the introduction of some vital amendments to the Act to keep it in tune with time and make it more effective While dealing with the duties of the Occupier and Factory Manager under Factories Act 1948, altogether we can conclude that the Occupier and Factory Manager has a vital role to play in assuring the health, safety and welfare of the workers as they are the backbone of the industrial sector in India