BUSINESS LAW –II
UNIT-I Factories Act, 1948 Definition – inspecting staff – Health – Safety – Welfare – Working Hours of Adults – Holidays – Employment of young persons and women – Annual leave with wages object of industrial Disputes Act – Definition of Industrial Dispute – Grievance settlement Authorities – Conciliation machinery – Procedure. Power and duties of Authorities – Reference of Disputes of Boards, Courts or Tribunal, National Tribunal – Strikes, Lock-out, Lay-off, Retrenchment – Unfair labors practices – penalties. UNIT –II Industrial employment Act, 1946 Trade unions Act 1926, Definition of standing orders – Submission and Draft of standing orders – Certification of standing orders – Definition of Trade union – Registration of Trade union – Cancellation of Registration and Appeal – Amalgamation and Dissolution – penalties. UNIT –III Payment of wages Act – Definition of wages – Deductions – Inspectors – fixation and Revision of wages – Advisory Boards – Safeguards in payment of minimum wages. A Definition of Gratuity – Payment of gratuity – forfeiture of gratuity – Determination of recovery of gratuity – Employees provident fund scheme – pension scheme – Employees Deposit linked insurance scheme – Administration of the scheme – Scope and coverage of Maternity Benefits. UNIT – IV Workmen‟s compensation Act, 1923. Definition – Scope and coverage Rules regarding Workmen‟s compensation – amount of compensation – distribution of compensation – Enforcement of Act. UNIT – V Payment of Bonus Act and Apprentices Act, 1969, Meaning of Bonus Definition – Eligibility for Bonus – Consumer Protection Act.
REFERECE BOOKS: 1. ELEMENTS OF MERCANTILE LAW- N.D Kapoor sultan chand and son‟s 2. INDIAN MERCANTILE LAW – DAWAR 3. MERCANTILE LAW –N.D KAPOOR
UNIT-I THE FACTORIES ACT 1948
What is a factory? According to Sec. 2 (m) „factory‟ means any premises included the precincts thereofi) Whereon 10 or more workers are working or were working on any day of the preceding 12 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 Whereon 20 or more are working or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried on aid of power, or is ordinarily so carried on.
The term „factory‟ does not include a mine subject to the operation of the Indian Mines Act, 1952 or a mobile unit belonging to the armed forces to the Union, a railway running shed or a hotel, restaurant or eating place. For proper understanding of the meaning of the term „factory‟ the following three terms should be clearly understood. 1) Manufacturing process 2) Worker 3) Power
1) Adult (Sec.2 (a)) : An adult means a person who has completed his 18 the year of age. 2) Adolescent (Sec.2 (b)): An „adolescent‟ means a person who has completed his 15th year of age but has not completed his 18th year. 3) Child (Sec.2 (c ): A „child‟ means a person who has not completed his 15th year of age. 4) Competent person :(Sec. 2(c a) as introduced by the Amendment Act of 1987) „Competent person‟ In relation to any provision of the Act, means a person or an institution recognized as such by the Chief Inspector. The recognition must be for the purposes of carrying out tests, examinations and inspections required to be done in a factory under the provisions of the Act. This recognition must be given having regard to-
a) the qualifications and experience of the person and the facilities available at his disposal; or b) the qualifications and experience of the person employed in such institutions and facilities available therein with regard to the conduct of such tests, examinations and inspections.
It may be noted that more than one person or institution may be recognized as competent persons in relation to a factory. 5) Hazardous process (Sec, 2(c (b) as introduced by the Amendment Act of 1987), It means any...
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