Dear experts, Is Factories Act applicable in J&K yet? We were told that even though the notification is out, the matter is subjudice and therefore the Act is not applicable.
Please confirm if that is correct.
Thank you in advance!
From India, Raurkela
6Please confirm if that is correct.
Thank you in advance!
From India, Raurkela
The Union Territory Of Jammu And Kashmir Reorganisation (Adaptation Of Central Laws) Second Order, 2020
The Central Government vide ordinance no S.O. 3465 (E) dated 5th October 2020 has passed an order to be known as The Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020 to amend
i)The Building And Other Construction Workers (Regulation Of Employment And Conditions Of Service) Act,1996,
ii)The Industrial Disputes Act, 1947,
iii)The Factories Act, 1948,
iv)The Contract Labour (Regulation and Abolition) Act, 1970,
v)The Industrial Employment (Standing Orders) Act, 1946,
vi)The Trade Union Act, 1926. And so other acts as well making it effective in J & K- UT.
Below mentioned are the brief description on the changes brought in by the order,
(a) Provisions relating to layoffs, retrenchment, closure of the certain establishment, under Section 25K of The Industrial Disputes Act, 1947 will now be applicable to an industrial establishment where the number of workmen employed is not less than three hundred workmen instead of the existing provision of one hundred workmen and the time limit for submission of the application to Labour Court or Tribunal, in case of dismissal of an individual workman which may be deemed to be an industrial dispute, has been reduced from three years to one year from the date of dismissal, retrenchment, discharge or termination of service as per provisions of the Act.
(b) The threshold limit for applicability to the Factories Act, 1948 has now been increased from ten or more workers to twenty or more workers for factories operating with the aid of power and from twenty or more workers to forty or more workers for factories operating without the aid of power. In addition, prior consent of the women worker shall be obtained by the employer for working before 6 am and beyond 7 pm subject to such conditions relating to safety, holidays and working hours or any other condition as prescribed
(c) The applicability of The Contract Labour (Regulation and Abolition) Act, 1970 for establishments has been increased from twenty or more workmen to forty or more workmen.
Please refer to the notification attached for more details.
From India, Bangalore
The Central Government vide ordinance no S.O. 3465 (E) dated 5th October 2020 has passed an order to be known as The Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020 to amend
i)The Building And Other Construction Workers (Regulation Of Employment And Conditions Of Service) Act,1996,
ii)The Industrial Disputes Act, 1947,
iii)The Factories Act, 1948,
iv)The Contract Labour (Regulation and Abolition) Act, 1970,
v)The Industrial Employment (Standing Orders) Act, 1946,
vi)The Trade Union Act, 1926. And so other acts as well making it effective in J & K- UT.
Below mentioned are the brief description on the changes brought in by the order,
(a) Provisions relating to layoffs, retrenchment, closure of the certain establishment, under Section 25K of The Industrial Disputes Act, 1947 will now be applicable to an industrial establishment where the number of workmen employed is not less than three hundred workmen instead of the existing provision of one hundred workmen and the time limit for submission of the application to Labour Court or Tribunal, in case of dismissal of an individual workman which may be deemed to be an industrial dispute, has been reduced from three years to one year from the date of dismissal, retrenchment, discharge or termination of service as per provisions of the Act.
(b) The threshold limit for applicability to the Factories Act, 1948 has now been increased from ten or more workers to twenty or more workers for factories operating with the aid of power and from twenty or more workers to forty or more workers for factories operating without the aid of power. In addition, prior consent of the women worker shall be obtained by the employer for working before 6 am and beyond 7 pm subject to such conditions relating to safety, holidays and working hours or any other condition as prescribed
(c) The applicability of The Contract Labour (Regulation and Abolition) Act, 1970 for establishments has been increased from twenty or more workmen to forty or more workmen.
Please refer to the notification attached for more details.
From India, Bangalore
The matter is subjudice is not offering an excuse for non-compliance thereof unless stay is granted on the implementation thereof. In case of any punitive action taken, reference of the matter before the court can be cited to obtain temporary relief.
From India, Mumbai
From India, Mumbai
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Factories Act.doc
LIST OF HOLIDAYS UNDER FACTORIES ACT - ANDHRA PRADESH.pdf