UNESCO

Since wars begin in the minds of men and women, it is in the minds of men and women that the
defences of peace must be constructed” – UNESCO

UNESCO full form is the United Nations Educational Scientific & Cultural Organization. It is a
specialized agency of the United Nations organization that ensures that every child has the
proper education, and it also helps maintain cultural peace among nations. UNESCO lies within
the United Nations (UN) with the primary objective of fostering global harmony and
safeguarding security through international collaboration. The domains are education, arts,
sciences, and culture. Its membership comprises 193 member states and 12 associate members,
and partnerships with non-governmental, intergovernmental, and private entities. In Paris,
France, UNESCO operates through 53 regional field offices and 199 national commissions. It
plays a pivotal role in facilitating its worldwide mission.

The Vision of UNESCO To achieve lasting peace and economic and

political agreements among States. To bring people together and strengthen
humankind's intellectual and moral solidarity through mutual understanding
and dialogue between cultures.

The Mission of UNESCO The mission of UNESCO is to contribute to

building a culture of peace, the eradication of poverty, sustainable
development, and intercultural dialogue through education, the sciences,
culture, communication, and information. UNESCO creates conditions across
civilizations, cultures, and peoples based on respect for shared ideals. The
world may attain global aspirations of sustainable development through
these conditions, which include upholding human rights, mutual respect for
one another, and reducing poverty, all of which are central to the activities
and mission of UNESCO.

What are the Objectives?

 UNESCO focuses on a set of objectives such as:
o Attaining quality education for all and lifelong learning
o Mobilizing science knowledge and policy for sustainable development
o Addressing emerging social and ethical challenges
o Fostering cultural diversity, intercultural dialogue and a culture of peace
o Building inclusive knowledge societies through information and
communication
o Focuses on global priority areas - “Africa” and “Gender Equality”.
What is the History Behind the Establishment of UNESCO?
 In 1942, during the Second World War, the governments of the European
countries, which were confronting Germany and its allies, met in the United
Kingdom for the Conference of Allied Ministers of Education (CAME).
o Upon the proposal of CAME, a United Nations Conference for the
establishment of an educational and cultural organization was convened
in London in November 1945.
 At the end of the conference, UNESCO was founded on 16 November
1945.
o The first session of the General Conference of UNESCO was held
in Paris during November-December of 1946.
Functions of UNESCO

o To encourage intellectual cooperation and mutual understanding

among people through all means of mass communication
o To maintain, increase and diffuse the knowledge
o To give a fresh impulse to popular education and the spread of culture
o Promotion of scientific research and training
o Application of sciences to ensure human development and the rational
management of natural resources.

What are the Areas of Specialization of UNESCO?

Education Transforms Lives
 Education transforms lives and is at the heart of UNESCO’s mission to build
peace, eradicate poverty and drive sustainable development.
 The Organization is the only United Nations agency with a mandate to
cover all aspects of education.
 It has been entrusted to lead the Global Education 2030 Agenda through
Sustainable Development Goal - 4.

o ‘Education 2030 Framework for Action’ (Incheon Declaration) is the

roadmap to achieve the global education 2030 agenda..
 Its work encompasses educational development from pre-school to higher
education and beyond.
 Themes include global citizenship and sustainable development, human
rights and gender equality, health and HIV and AIDS, as well as technical
and vocational skills development.
Protecting Our Heritage and Fostering Creativity
 It is becoming a fact that no development can be sustainable without a
strong culture component.
 UNESCO has adopted a three-pronged approach to make culture takes it
rightful place in development strategies and processes:

o Spearheads worldwide advocacy for culture and development.

o Engages with the international community to set clear policies and
legal frameworks
o Works on the ground to support governments and local
stakeholders to safeguard heritage, strengthen creative industries and
encourage cultural pluralism.
 Some important conventions and International treaties of UNESCO to protect
and safeguard the world’s cultural and natural heritage:

o The Convention on the Protection and Promotion of the Diversity of

Cultural Expressions (2005)
o The Convention for the Safeguarding of the Intangible Cultural Heritage
(2003)
o The Universal Declaration on Cultural Diversity (2001)
o The Convention on the Protection of the Underwater Cultural Heritage
(2001)
o The Convention for the Protection of the World Cultural and Natural
Heritage (1972)
o The Convention on the Means of Prohibiting and Preventing the Illicit
Traffic of Cultural Property (1970)

Communication and Information

 UNESCO advances freedom of expression and the safety of journalists,
combats online hate speech, as well as disinformation and misinformation
through awareness raising initiatives.
 It also supports universal access to information and knowledge through
promoting Open Solutions, including Open Educational Resources, access
for marginalized people, and multilingualism in Cyberspace.
Gender UNESCO entails to eliminate all kinds of assault on women and also pledges to
Equality enhance their basic literacy skills. The 2030 Agenda for Sustainable
Development and its 17 Sustainable Development Goals, according to UNESCO,
 will not be fully realised until all kinds of gender-based discrimination are
eliminated.

Important Initiatives of UNESCO

o Reviving the Spirit of Mosul : UNESCO aims to revitalize the ancient

city of Mosul, focusing on improving its heritage, reviving cultural life,
and enhancing education.
o Futures of Education : This global initiative aims to reimagine the role
of knowledge and learning in shaping the future of humanity and the
planet.
o Promoting Freedom of Expression : UNESCO advocates for
pluralistic, free, and independent media across various platforms,
fostering human rights, peace, sustainability, poverty alleviation, and
freedom of expression.
o Building Knowledge Societies : UNESCO works towards increasing
access. To preserve, and share knowledge, with the goal of creating
inclusive knowledge societies and empowering local communities.
o UNESCO for Sustainable Cities : The organization is dedicated to
enhancing the sustainability of cities by providing policy guidance,
technical assistance, and capacity building.
o Preventing Violent Extremism : UNESCO commits to the UN
Secretary-General's Plan of Action to prevent violent extremism.
o Commitment to Biodiversity : UNESCO leverages its diverse networks
and initiatives to protect biodiversity, recognizing its significance for the
planet.
o UNESCO and Sustainable Development Goals : UNESCO actively
participates in achieving the Sustainable Development Goals (SDGs)
through its expertise in education, culture, natural sciences, and other
specialized areas.
o Man and the Biosphere (MAB) Programme : It is a scientific
intergovernmental programme that strives to create a scientific
foundation for improving the interaction between people and their
environments. There are 18 Biosphere Reserves in India.

Important Reports of UNESCO

o Global education monitoring report

o Culture: urban future; global report on culture for sustainable urban
development
o The United Nations world water development report
o World trends in freedom of expression and media development: global
report
 o International conference on Artificial intelligence and Education,
Planning education in the AI Era: Lead the leap
o Re|shaping cultural policies: advancing creativity for development
o Global ocean science report
o Engineering: issues, challenges, and opportunities for development
o UNESCO science report: towards 2030
o UNESCO State of the Education Report for India: Children With
Disabilities

UNESCO and India

There has been many contribution of unesco in India. India has been a
member of UNESCO since its founding in 1946. India is a party to 19 UNESCO
conventions. It includes those on education, intellectual property rights, and
the preservation of the world's natural and cultural heritage.

UNESCO has two offices in India: the New Delhi cluster office. It serves 11
South and Central Asian countries, and the Mahatma Gandhi Institute of
Education for Peace and Sustainable Development (MGIEP).

The United Nations Development Action Framework (UNDAF) 2013–17 guides

UNESCO's overall work in India. The UNDAF identifies nine priority states in
India where the United Nations should focus its collective engagement:
Assam, Bihar, Chhattisgarh, Jharkhand, Madhya Pradesh, Maharashtra,
Odisha, Rajasthan, and Uttar Pradesh.

The Universal Copyright Convention ( UCC ), 1952

Adopted in 1952, the Universal Copyright Convention today stands as one of the principal
international conventions for protecting copyrights around the world. It was initiated as a
project by the UNESCO as an alternative to the Berne Convention.

The Berne Convention, which was first adopted in 1886, was starting to lose momentum, and
there were several people around the world who were disagreeing with the norms of the
convention.The adoption of the UCC was seen as an alternative multilateral copyright protection
treaty that counties could enter into if they happened to disagree with the Berne Convention.

Purpose of the UCC

The Universal Copyright Convention was set up as an alternative to the Berne Convention, to
meet the following purposes:

 Ensure that more countries are part of the international copyright community
 More flexible and easier to comply with compared to the Berne Convention
 Ease in compliance for developing countries.

To approach the aim of universal membership and thus to include countries with a need for
low protections , such as developing countries ( more than in the pre-existing conventions ) ,
the USA and the Soviet Union , the contents of the 1952 Universal Copyright Convention had
to follow a relatively minimalist approach.

Features of the UCC

There are the main distinguishing features of the UCC.

 National Treatment: The UCC follows the principle of national treatment as opposed to
automatic protection. This essentially means that the contracting countries do not have to
give foreign work automatic protection if the national provisions are not being complied
with.
 The term of the Work: The UCC gives protection for original literary, artistic and
scientific works. A copyright notice is to be placed alongside the work to give reasonable
notice of the copyright claim. Under the provisions of the UCC, a work is protected for a
period of the lifetime of the author and 25 years after the death of the author.
 Minimum Rights: Under the provisions of the UCC, the contracting countries have to
provide a set of ‘minimum rights’ to the rightful owner of the work, as long as they do not
create a conflict with ‘the spirit’ of the convention.

 Although the UCC may be more favorable to developing countries that have not yet a
highly developed infrastructure or cultural industry – and it was indeed the UCC's purpose
to enable in particular countries with a low level of development to become part of the
international copyright community – it is rather unlikely that they would denounce the
BC, the WTO/TRIPS Agreement or even the WCT, particularly because many countries
have an interest in being part at least in the WTO be it for other reasons than intellectual
property.
 Often, they have to provide for a higher level of protection under bilateral treaties anyway.
In other words, even in the current situation where it seems that many countries would
like to be under lower level obligations in the field of international copyright, it may not
be expected that they would denounce the BC, the TRIPS Agreement and the WCT
respectively and thereby allow the application of the UCC.

 Both the Universal Copyright Convention and the Berne Convention regularly undergo
revisions to be relevant with the changing time and standards, especially to keep pace with
the development and technological advancements. Treaties are usually revised after all the
contracting states agree on the changes.

Its primary characteristics are as follows:

 (1) No signatory nation should provide its local authors preferential copyright
treatment over authors from other signatory nations, however, no minimum
protection is specified for either domestic or foreign authors;
 (2) A formal copyright notice, consisting of the symbol, the name of the copyright
owner, and the year of first publication, must appear in all copies of a work; a
signatory nation, however, may impose additional formalities, provided that such
formalities do not favour domestic over international works.
 (3) In member nations, the minimum term of copyright must be the author’s life plus
25 years (except for photographic works and works of applied art, which have a 10-
year term)
 (4) all adhering nations must grant an exclusive right of translation for seven years,
subject to a compulsory licence under certain circumstances for the balance of the
term of copyright.

The high minimum standards laid by Berne Convention for copyright

protection prevented many American countries to adopt it

Need was felt for a roof convention that will have a more universal
approach
Post the Second World War, UNESCO held meetings in Paris in 1947 and
1949 and its copyright expert committee concluded that all countries
irrespective of their membership of different treaties must sign and ratify the
envisaged new treaty

Universal Copyright Convention was adopted on 6thSeptember 1952 and

came into force on 16thSeptember 1955 after ratification by 12 countries . It
aim was avoiding the lasting split into Berne and American protection
systems So most Berne and American countries signed UCC
To approach universal membership aim and include countries with need for
low protections like developing countries, the USA, the Soviet Union UCC
took a minimilist approach.

Conclusion
As between international community Berne has precedence over UCC as far
as copyright protection is concerned
It has to be read with the national copyright law
Duration of protection in India is 60 years following the death of the author

for original literary dramatic musical and artistic works

It is protected for 70 years in the USA and UK

SECTION 131 : PUNISHMENT FOR ASSAULT OR CRIMINAL FORCE

I. INTRODUCTION
This section provides for punishment for assault or use of criminal force when there are no
aggravating circumstances.
 II. EXPLANATION OF SECTION
1. This section provides that whoever assaults or uses criminal force shall be punished with
imprisonment which may extend to three months or with fine or with both.
2. The above punishment is subject to the condition that such assault or use of criminal force
should not be due to grave and sudden provocation given by the other person. Generally, if
there is grave provocation, the court inflicts lighter punishment.
3. Explanation – It provides that grave and sudden provocation cannot be taken as a defence
under this section in the following situations
4. If the provocation is voluntarily provoked by the offender as an excuse for the offence or
5. If the provocation is given by the other party in obedience to the law or
6. If the provocation is given by a public servant in the lawful exercise of his powers as a public
servant or
7. If the provocation is given by anything done in the lawful exercise of the right to private defence.
8. With respect to the fact as to whether the provocation was grave and sudden enough to mitigate
the offence, is a question of fact.

III. PROCEDURE
1. It is non cognizable, bailable, compoundable and triable by any Magistrate.
2. Autrefois acquit – A person who has been tried and discharged for the offence of using
criminal force under this section cannot again, upon the same complaint, e tried for causing
simple hurt.

SECTION 132 : ASSAULT OR CRIMINAL FORCE TO DETER PUBLIC SERVANT

I. SCOPE
This section applies where public servants are assaulted while they are performing their official
duty imposed on them by law.

II. ESSENTIAL INGREDIENTS

The following requirements must be satisfied to apply this section :-

1. There must be assault or use of criminal force on a public servant; and

2. It must have been made on a public servant –
3. while he was acting in the execution of his duty or
4. with intent to prevent or deter him from discharging his duty or
5. in consequence of anything done by him in the discharge of his duty
If hurt is caused under these circumstances then either section 332 or 333 will apply. When is
criminal force said to have been used is elaborated in S. 350 while assault has been dealt in S.
351.

It has been held that if the warrant of arrest is signed by an unauthorized person (Jagpat Koeri
case), or if the date fixed for execution of warrant has expired (Raghubir case ) or if it has no
seal, the resistance by the person against whom it is produced will be legal. Similarly, resistance
by a person for search of his house by a public servant who has no proper written order, would
be valid and would not amount to an offence under this section.

III. PROCEDURE
It is non cognizable, not bailable, not compoundable and triable by any magistrate.
 IV. PUNISHMENT
For an accused convicted under this section, punishment will be imprisonment which may
extend up to 2 years or with fine or both.

SECTION 133: ASSUALT OR CRIMINAL FORCE WITH INTENT TO DISHONOUR

PERSON

I. ESSENTIAL INGREDIENTS
In order to attract the application of this section, the following ingredients shall be fulfilled :-

1. There should be an assault or use of criminal force to any person;

2. With the intention of dishonouring that person;
3. Otherwise than on grave and sudden provocation given by the other person.
II. PUNISHMENT

Imprisonment which may extend to two years or with fine or both.

Illustration :- If an accused strikes a sub-inspector who is standing in the witness box giving
evidence against him. then the section will be applicable.

SECTION 134: ASSUALT OR CRIMINAL FORCE IN ATTEMPT TO COMMIT THEFT

OF PROPERTY

I. ESSENTIAL INGREDIENTS
In order to attract the application of this section, the following ingredients shall be fulfilled :-

1. There should be an assault or use of criminal force to any person;

2. With an attempt to commit theft of any property which that person is wearing or carrying.

II. PUNISHMENT

Imprisonment which may extend to two years or with fine or both.

SECTION 135 : ASSUALT OR CRIMINAL FORCE IN ATTEMPT WRONGFULLY TO

CONFINE A PERSON

I. ESSENTIAL INGREDIENTS
In order to attract the application of this section, the following ingredients shall be fulfilled :-

1. There should be an assault or use of criminal force to any person;

2. With an attempt to wrongfully confine that person
II. PUNISHMENT

Imprisonment which may extend to one year or with fine which may extend to Rs. 1000 or both.
 SECTION 136: ASSUALT OR CRIMINAL FORCE ON GRAVE PROVOCATION

I. ESSENTIAL INGREDIENTS
In order to attract the application of this section, the following ingredients shall be fulfilled :-

1. There should be an assault or use of criminal force to any person;

2. On grave and sudden provocation given by that person.

II. PUNISHMENT

Imprisonment which may extend to one month or with fine which may extend to Rs. 200 or both.

Indian Copyrights Act, 1957

INTRODUCTION
 Copyright is a bundle of exclusive rights given by the law to the creators of
original works. It is a form of intellectual property protection granted by law.
The rights provided under Copyright law include the rights of reproduction of
the work, communication of the work to the public, adaptation of the work
and translation of the work.
Copyright laws serve to create property rights for certain kinds of intellectual
property, generally called works of authorship. Copyright laws protect the
legal rights of the creator of an ‘original work’ by preventing others from
reproducing the work in any other way.

The main goals of copyright are: -

 To encourage the development of culture, science and innovation
 To provide a financial benefit to copyright holders for their works
 To facilitate access to knowledge and entertainment for the public.
Copyright provides a framework for relationships between the different
players in the content industries, as well as for relationships between rights
holders and the consumers of content. Copyright is a form of Intellectual
Property, along with trademarks and patents in all countries, and other
creations (such as trade secrets, database rights, rights of publicity and the
like) that may vary from country to country.

MEANING OF COPYRIGHT

it is a bundle of
rights including, inter alia,
rights of reproduction,
communication to the
public, adaptation and
translation of the work.
There could be slight
variations in the
composition of the rights
it is a bundle of
rights including, inter alia,
rights of reproduction,
communication to the
public, adaptation and
translation of the work.
There could be slight
variations in the
composition of the rights
DEVELOPMENT OF COPYRIGHT LAWS IN INDIA
The Indian Copyright law was developed in 3 phases:
1. Early Phase: - In 1911, the earliest statutory law on copyright was
made under the administration of British rule. The provisions of the
Berne convention were followed. During that phase, the term of
copyright was for the lifetime of the author plus 7 years after his death
and the government could grant a compulsory license to publish a
book. The registration was also made necessary in 1914.
 2. Modern Phase: - Copyright Act of 1911 was again amended in 1914
and it was also called modern copyright legislation. For the very first
time criminal sanction was introduced in act for infringement of
copyright. The term of the copyright was fixed for 10 years from the
date of its first publication. This act remained applicable until replaced
by Copyright Act, 1957.
3. 1957 Phase: - The Act was enacted after the independence of the
nation from British rule. It was the first enactment of intellectual
property laws. It came into force on 21 st January 1958. Major provisions
of act were adopted by the Berne convention of protection of literary
and artistic work, 1886.
This act is amended 6 times till now to align with rapid changes in
society and provisions of international treaties i.e. Berne Convention,
UCC, TRIPs Agreement.

Objectives of Copyright Law

Objective is twofold
Firstly, to encourage and reward authors, composers, artists, designers and other
creative people as well as publishers and film producers who risk their capital to put the
work before the public

It is done by giving the author certain exclusive rights i.e right to reproduce the work,
issue copies of work to public, perform work in public, make any cinematographic film or
sound recording of the work etc

The grant of exclusive rights to copyright owner is by way of monopoly for a limited
period of time

Secondly, copyright law allows people to make free uses of the copyrighted material.
The Copyright Act lists these free uses

Reason being to strike a balance between interests of copyright owners and that of
society at large

Thus rights are curtailed to a limited extent in interest of society.

Nature of Copyright
Copyright is an incorporeal property in nature
 The property in the work is justified by the fact that the right owner has created or
made it
 He enjoys those rights at the exclusion of others .As he is the owner he can
dispose it by outright sale (assignment) or by licensing
 Since subject matter of property is incorporeal, it gives a dominium over the
work, a right in the work ergaomnes
  The property is intellectual property in the sense that it originates in the mind of
persons before it is reduced to material form
 However, ideas and thoughts are not protected which merely exist in human
brain
 They need to be reduced to writing or other material form and the result becomes
worthy of protection
 Copyright is a bundle of exclusive rights which means that right owner can
prevent all others from copying his work or any other act which can be done by
the owner himself according to copyright law
 This may be referred as monopoly as it is recognized that person’s skill and
labouris his property
 However, if it can be shown that two precisely similar works were in fact
produced wholly independently of one another, there will be no infringement
 Unlike physical property where exclusive rights subsist as long as the object
lasts, rights in copyrighted work are limited in time
 After expiration of which, the work passes into the public domain
 In other words, it becomes public property and can be freely used by anyone
without any hindrance
 Its purpose is to serve public interest

Copyright visa visPublic interest

•It is sine qua non for copyright system to strike a balance between interests of
copyright owner and reasonable demands of organisedsociety

•Recognized by UDHR, Article 27

•To achieve this objective, statutory limitations are in place

SUBJECT MATTER OF COPYRIGHT, ECONOMICS AND MORAL RIGHTS

Modern copyright laws serve to protect a variety of intellectual property ranging from
songs and jingles to computer software and proprietary databases. All subject matters
protected by copyright are called ‘works’. Thus according to Section 13 of The Copyright
Act 1957, it may be subjected to the following works:
Clause (a) of this Section 13 provides the definition of original work whereas clause (b)
and (c) provides secondary works.
1. Primary Works
a. Original Literary Work,
b. Original Dramatic work,
c. Original Musical work,
d. Original Artistic Work,
Secondary Works
Cinematography films, and Sound recordings.

Original Literary Works:

Section 2(o) of the Copyright Act, 1957 provides an inclusive definition of word literary
works according to which the literary work includes computer programming, tablets, and
compilations including computer database. These cover published works including
books, articles, journals, and periodicals, as well as manuscripts. Even adaptations,
translations, and abridgements are taken as original works and are protected under
copyright law. Section 13(a) classify literary works in the primary work.

Case: Zee Telefilms v. Sundial Communications

Facts: A had prepared concept notes for the purpose of television film which consists of
characters, plots, notes and sketches etc.
Issues: Whether A is entitled to the copyright of those concept notes?
Held: Yes, since A invests labour and skill in preparing the concept paper. Such a
person is entitled to copyright.

Case: Macmillan & Co. v. K.J Cooper

Facts: Plaintiff’s book consisted of selected passages from Plutarch’s life of Alexander
the Great, joined together by a few words to give a different appearance. The book also
contained an introduction and notes useful for education. A similar book was published
by the defendants with notes. The original work contained 40,000 words while the
defendants had copied 20,000 words and 7000 words in notes.
Issue: Whether the defendants work infringed the copyright in the plaintiff’s works?
Held: Defendants work infringed the copyright

Original Dramatic Works:

According to section 2(h) of the Copyright Act, 1957, the dramatic work includes any
piece for recitation, choreographic work or entertainment in dumb shows, the scenic
arrangement or acting form which is fixed in writing or otherwise but does not include a
cinematographic film. Since the definition is an inclusive one, the other things fall within
the general meaning of dramatic work, and may also be covered by the definition.

Case: Academy of General Education Manipal v. Malini Mallya

The court shows a clear difference between literary and dramatic work. The difference
between the two rests on the fact that literary work allows itself to be read while a
dramatic work “forms the text upon which the performance of the plays rests.” A dance
performance will not be covered under copyright work but under dramatic work.

Case: Creation Records v. New Group Newspaper

Held: It was held that a photograph that involves no movement or action cannot be
treated as dramatic work. Copyright of Dramatic work can in form of:
Adaption of Dramatic work:- Adaptation work means the modification of that work in
some other form.

Original Musical Works:

According to section 2(p) of the Copyright Act, 1957, musical work means any work
consisting of music and includes any graphical notion of such work, but does not include
any words or any action intended to be sung, spoken or performed with the music. The
words in a song and the music have separate rights and the rights cannot be merged. In
order to qualify for copyright protection, a musical work must be original.
Example:- Famous song “Yaaram” which is written by Gulzar and composed by Vishal
Bharadwaj. The copyright of the lyrics will belong to Gulzar and the musical composition
will be of the composer Vishal Bharadwaj.

Original Artistic Works:

According to the section 2(c) of the Copyright Act, 1957, the artistic work includes any
painting, sculpture, drawing, engraving photograph of any work possessing artistic
qualities. However, it also includes the architecture and artistic craftsmanship of such
works.
Case: Associated publishers vs Bashyam
Facts: A portrait of Mahatma Gandhi was made based on two photographs.
Held: A portrait based on photographs will be entitled to copyright if it produced a result
from the photograph and the portrait itself is original.

Example: A photographer took a photograph of a painting of MF Hussain, then paints

the same himself and sells such copies painted by him.
Held: A copyright in a painting is infringed when a person copies from the original
painting or a picture of painting.

Cinematographic Films
Section 2(f) of the Copyright Act, 1957 defines cinematographic films which include any
work of visual recording and a sound recording accompanying such visual recording
and the expression cinematograph shall be construed as including any work produced
by any process analogous to cinematographic including video films. It is classified into
secondary works as suggested in clause (b) of section 13 of the act.

Case: R.G. Anand vs Delux Films

Facts: Plaintiff was a producer and play writer of play ‘Hum Hindustani’. The plaintiff
tried to consider the possibility of filming and narrated the play to the defendant. The
defendant, without informing the plaintiff, made the picture ‘New Delhi’ which was
alleged to be based on the said play.
Issue: Whether the film ‘New Delhi’ was an infringement of the plaintiff’s copyright in
play ‘Hum Hindustani’?
Held: No, because the stories were different, only the theme “love story” was same.

Case: Balwinder Singh vs Delhi Administration

Held: The concept of cinematograph is not only limited to movies being played in
theater it also covers videos and television, they both fall under the preview of
cinematograph film.

Level of Originality: A television report or documentary may be based upon a live

incident or a newspaper report, thus the act does not prescribe any specified level of
originality in the cinematographic film.
Sound Recordings:

According to section 2(xx) of The Copyright Act, 1957, sound recording suggests that
a recording of sounds from which that sound may be produced regardless of the
medium on which such recording is made or the method by which the sounds are
produced. Clause (c) of section 13 of the act state sound recordings as a by-product
works.
Case: Gramophone Co. India v. Super Cassette Industries
Facts: ‘G.co’, Plaintiff, produced audio records titled ‘Hum Aapke Hain Kaun’ by
Rajashree production ltd, who were the owners of cinematographic work. They had
already sold 55 lakhs audio cassettes and 40,000 compact discs titled ‘Hum Aapke Hain
Kaun’. The defendants too launched an audio cassette by adopting the same title with
its design, color scheme, get up and layout deceptively similar. Permanent Injunction
was sought.
Held: Injunction varied by stipulating not to use the same title, design colour scheme etc
with bold letters the record is a version of different artists.

Term of protection
• In case of literary, dramatic, musical or artistic work– life of the author + 60 years.
• Anonymous or pseudonymous work: 60 years.
• In posthumous work: 60 years.
• In cinematographic films, sound recordings : 60 years

AUTHORSHIP AND OWNERSHIP IN COPYRIGHT

Section 17 of the Copyright Act,1957 talks about the first owner of copyright.

It reads, ‘Subject to the provisions of this Act, the Author of a work shall be the first
owner of the copyright therein’ followed by proviso

The Act defines Author under section 2(d) :-

Author means,

1.in relation to a literary or dramatic work, the author of the work;

2.in relation to a musical work the composer;

3.in relation to an artistic work other than a photograph, the artist;

4.in relation to a photograph, person taking the photograph, in relation to a

cinematograph film or sound recording, the producer

5.In relation to any literary, dramatic, musical or artistic work which id computer
generated, the person who causes the work to be created
An author might create a work on his own behalf or at the instance of another person for
valuable consideration or in the course of employment by another person

In first case the author is the owner of the copyright in the work. Authors who write
books or compose music are covered hereunder

In second case, in the absence of any agreement to the contrary, the person at whose
instance the work is made is the owner of copyright in the work

In third case, ownership depends upon nature of employment

Subject matter in computer programmes.

ORIGINAL COMPUTER PROGRAMS

Computer software includes computer programs , computer files and associated

printed documentation such as manuals for users

Section 2(ffb) defines computer to include any electronic or similar device having
information processing capabilities, whereas the term computer program is defined to
mean a set of instructions expressed in words, codes, schemes or in any form including
machine readable medium capable of causing a computer to perform a particular task
or achieve a particular For a computer program to be protected it must be original and
recorded in writing or otherwise

A computer database stored on tape, disk or by other electronic means would generally
be compilation and capable of protection as a literary work

In Burlington Home Shopping Pvt.Ltdv. RajnishChibber court held that compilation

of addresses developed by any one devoting time, money labourand skill amounted to
literary work though the sources might be commonly situated

Ownership in computer programmes

In relation to any literary, dramatic, musical or artistoicwork that is computer generated,

author is the person who causes the work to be created.

Where an author in course of his employment makes a computer program, his employer
will be the owner of copyright in that computer program.

But if the person employed as an accountant writes a computer program to help with
production of financial accounts, he will own the copyright in that program if he writes in
his own time using his own equipment.

However, if employee produces a program outside normal course of his duties, but uses
employer’s equipment or during the hours of employment, ownership of copyright is
 more difficult to predict; although more likely employer might be treated as the owner of
the work.

ASSIGNMENT OF COPYRIGHT
The owner of the copyright can generate wealth not only by exploiting it but also by
sharing it with others for mutual benefit. This can be done by the way of assignment and
licensing of copyright.
Only the owner of the copyright has the right to assign his existing or future copyrighted
work either wholly or partly and as a result of such assignment the assignee becomes
entitled to all the rights related to copyright to the assigned work, and he shall be treated
as the owner of the copyright in respect of those rights. The assignor shall be treated as
owner of copyright in respect of unassigned rights.
The legal representatives of the assignee shall be entitled to benefits of assignment, if
assignee dies before work comes into existence.

Case of Video Master v. Nishi Productions Bombay High Court considered the
question of whether assignment of video rights would include right of satellite broadcast
as well.

It was concluded that there are different modes of communication to public such as
theatrical, television broadcast, satellite broadcast and video T.V. the owner of a film
has these separate rights which he can assign independently to different persons.
Mode of the assignment agreement
As per Section 19, these conditions are necessary for a valid assignment:
 It should be in writing and signed;
 It should specify the kinds of rights assigned and the duration or territorial
extent; and
 It should specify the amount of royalty payable if required in any case.
 It is also provided that, if the period is not mentioned in the agreement it will
be considered as five years and if the territorial extent is not stipulated in the
agreement, it will be considered as applicable to the whole of India.

License section :- 30
The owner of copyright in a work may grant any interest in his copyright to any person
by license in writing, which is to be signed by him or by his duly authorized agent.
A license may also granted by a prospective owner of copyright in a future work, subject
to condition that license shall come into effect only when such work comes into
existence
When the licensee of the copyright in future work dies before the work comes into
existence his legal representatives shall in absence of provisions to the contrary be
entitled to benefit of the license
The difference between license and assignment is that in license licensee gets the right
to exercise particular rights subject to the condition of license but does not become the
owner of that right whereas an assignee becomes the owner of interests assigned
A license deed in relation to work should contain following particulars:
Identification of work
Duration of license
The rights licensed
Territorial extent of license
The quantum of royalty and any other consideration payable
Terms regarding revision, extension and termination
If rights licensed are not specified it will be presumed that the licensor has
licensed all his rights under the Act.
If licensee does not exercise the rights licensed to him within one year from
the date of license, the license in respect of such rights will be deemed to
have lapsed after expiry of one year
If period of license is not mentioned, it will be deemed to be five years from
the date of license
If territorial extent is not specified, it will be presumed to extend within
india.

Disputes in respect of license will be settled by Copyright Board which has

power to revoke the license.
Consent and license should be distinguished from each other. For example,

inserting quotations from a copyright work or printing a photograph for

specified purpose may not require license but only consent

COMPULSORY LICENSE
The copyright board is empowered to grant compulsory licenses under
certain circumstances on suitable terms and conditions in respect of any
work.
The conditions necessary for grant of such licenses are:
 The work must have been published or performed in public
 The author must have refused to republish the work or must have refused
to allow performance of work in public
 That reason of such refusal is withheld from public
 Or author must have refused to allow communication to the public of such
work by broadcast or by way of sound recordings

 Works withheld from public

 In Super Cassette v. Entertainment Network ltd copyright board issued
compulsory license against which appeal was filed in Delhi High Court: read
from book
 Compulsory license in unpublished Indian works 31A
 License to produce and publish translations 32
 Reproduction and publication of works for certain purposes 32A

COPYRIGHT AUTHORITIES IN INDIA

There are two centralized copyright agencies in India
The Copyright Office
The Copyright Board

COPYRIGHT OFFICE
Copyright office is situated at New Delhi in pursuance of section 9 of the Act
to administer certain provisions of the Copyright Act.
The Copyright Office has a seal of its own and is in the immediate control of
Registrar of Copyrights who works under superintendence and direction of
Central Government

REGISTRAR OF COPYRIGHT
The Registrar is appointed by the Central Government
It may also appoint one or more Deputy Registrars of Copyright
The duty of Deputy Registrris to discharge functions of Registrar under his
directions as may be assigned to him.
The Registrar is the Secretary of the Copyright Board and performs all
secretarial functions relating to Copyright Board under the direction and
control of Chairman of Copyright Board

REGISTRAR
Registrar of Copyrights has powers of a civil court when trying a suit. The are given
under section 74 of the Act.
According to s. 75 every order made by the Registrar of Copyrights for payment of
money is to be deemed to be a decree of civil court and shall be executable in the same
manner as decree of such court
Orders of Registrar passed under s. 53 for banning importation of infringing copies are
quasi judoicialin nature. It is emphasized by the fact that an appeal is provided to
copyright board against the order of Registrar u s. 72 of the Act

REGISTER OF COPYRIGHTS

The register of copyrights is kept in the copyright office.

In this Register, names or titles of works and names and addresses of authors,
publishers and owners of copyright and such other particulars as may be prescribed are
entered.

It is kept in six parts as according to the subject matter of copyright

Particulars in the register of copyrights and indexes-read from v.k. Ahuja

Inspection of register and indexes: the register and indexes remain open to inspection
at all reasonable times. Any person may take copies of or make extracts from the
Register or indexes on payment of specified fee as given under Copyright Rules

Registrar is obliged to furnish a certified copy of any entries made in the register on
application and payment of specified fee

COPYRIGHT BOARD

Copyright board has been constituted by the central government in accordance with s
11(1) to discharge judicial functions. Board consists of a chairman and 2 to 14 other
members.

Chairman shall be a person who is or has been a judge of high court or is qualified so.

The chairman and members are appointed for a period not exceeding five years.

REGISTRATION OF COPYRIGHT

Registration of copyright is optional and not mandatory

It is not a pre requisite condition for claiming copyright in a work

KumariKanaka v. SundaraRajan NavSahityaPrakashv. AnandKumar

INFRINGEMENT AND REMEDIES

Where a person intentionally or unintentionally infringes the rights of the copyright
holder, the holder may be subject to the following remedies available under this Act.
Civil remedies
These remedies are given under Section 55 of the Copyright Act, 1957 which are:
Interlocutory injunction
This is the most important remedy against the copyright infringement, it means a judicial
process by which one who is threatening to invade or has invaded the legal or equitable
 rights of another is restrained from commencing or continuing such act, or is
commanded to restore matters to the position in which they stood previous to the
relation. Thus for granting the interlocutory injunction, the following three factors are
considered as necessary:
 Prima facie case, an assumption of the court that the plaintiff can succeed in the case
and become eligible for relief.
 Balance of convenience, in it the court will determine which parties suffer the greater
harm, this determination can vary with the facts of each case.
 Irreparable injury, it is difficult to decide and determine on a case by case basis. Some
examples of it include- loss of goodwill or irrevocable damages to reputation, loss of
market share.

Mareva injunction
This is a particular form of the interlocutory injunction which restrains the defendant
from disposing of assets that may be required to satisfy the plaintiff’s claim or for
removing them from the jurisdiction of the Court.
Anton Piller order
This order is passed to take into possession the infringed documents, copies and other
relevant material of the defendant, by the solicitor of the plaintiff. This order is named
after the famous case of Anton Piller KG v/s Manufacturing Process Ltd, 1976. In
this case, the plaintiff Antone Piller, the German manufacturer is successful in passing
ex-parte awards of restraining the use of his copyrighted products against the
defendant.

Pecuniary remedies
There are three types of pecuniary remedies provided:

1. An account of profit, which lets the owner seek the sum of money made, equal
to the profit made through unlawful conduct.
2. Compensatory damages, which let the copyright owner seek the damages he
suffered.
3. Conversational damages, which are assessed to the value of the article.

Criminal remedies
For infringement of copyright, the criminal remedies provided under Section 63:

 Imprisonment, not less than 6 months which may extend up to 3 years;

 Fine may not be less than 50,000 which may extend up to 2,00,000;
 Search and seizure of copyrighted goods; and
 Delivery of copyrighted goods to the copyrighted owner.

In the case of repeat offenders, the minimum punishment terms of 1 year and a fine of 1
lakh however, the highest punishment will be the same as the first-time offender.
EXCEPTIONS
This act shall not constitute copyright infringement in cases of:
 Fair Dealing
Fair dealing is the statutory limitation on the exclusive right of the copyright owner which
permits the reproduction or use of copyrighted work in a manner that otherwise would
have constituted infringement. This law is given under Section 52 of the Copyright Act,
1957 according to which the free uses can be made for any work except computer
programs for the purposes:
 For private and personal use including research,
 For criticism and review,
 For reporting of current events or issues including lectures in public,
 For broadcasting in cinematographic films or by posting photographs,
 For reproduction and reporting of any judicial proceeding, For reproduction, or
publication of any kind of work prepared by the secretariat of a legislature,
 For reproduction of any kind of work in a certified copy made or supplied accordance
with any law,
 For reading and recitation of any literary or dramatic work in the public domain,
 For publication of any non-copyright matter bona fide intended for the use of
educational institutes, and
 For recording any sound by the owner of the right in the work.

1. Supreme Court directs Central government to frame policy to

phase out heavy duty diesel vehicles
Container Corporation of India Ltd v. Ajay Khera and Ors
 2. Supreme Court issues guidelines for CEC to promote institutional
transparency, efficiency and accountabilityThe role of the
constitutional courts is to ensure that such environmental bodies
function vibrantly, and are assisted by robust infrastructure and human
resources. The constitutional courts will monitor the functioning of
these institutions so that the environment and ecology is not only
protected but also enriched.”
TN Godavarman Thirumulpad v. Union of India and Ors

3. Supreme Court directs states to fill vacancies in Pollution Control

Boards by April 30, 2025
MC Mehta v. Union of India & Ors. (In Re: Number of vacant posts in statutory
Pollution Control Boards of various states)

The Court directed the governments of Rajasthan, Punjab, Delhi, Uttar

Pradesh and Haryana to fill the vacancies in their respective State Pollution
Control Boards (SPCBs) by April 30, 2025. It was considering the issue of a
substantial number of vacant posts in these five states falling within the
National Capital Region (NCR). It observed that the SPCBs have become
ineffective due to the large number of vacant posts. Noting that the issue of
stubble burning and pollution in NCR would arise in the ensuing winters, it
directed all the states to urgently undertake recruitment for these important
posts through direct recruitment within two months.

4. Supreme Court holds that head of the government department

will be held responsible for failure to comply with order of NGT
Katiya Haidarali Ahmadbhai and Ors v. Sanjeev Kumar IAS and Ors

5. Supreme Court asks Uttar Pradesh to review penalty provisions of

the Uttar Pradesh Protection of Trees Act, 1976
MC Mehta v. Union of India and Ors

6. Supreme Court directs the governments of Uttar Pradesh and

Haryana to ban firecrackers in NCR
MC Mehta v. Union of India & Ors (In Re: Ban on the use of firecrackers)

7. NGT imposes environmental compensation of ₹45 crore on NHAI for

causing damage to environment during construction activities
Prem Mohan Gaur v. National Highway Authority of India and Ors
1. Chipko Movement, 1973:
A major impact of the Chipko movement or the Chipko andolan was that it
prompted the Union government to amend the Indian Forest Act, 1927, and
introduced the Forest Conservation Act 1980, which says forest land cannot be
used for non-forest purpose.
 M.C. Mehta v. Union of India & Ors.
 (AIR 1987 SC 1086) Shriram Food Fertilizer Case/ Oleum Gas Leak Case
This case deals with the leakage of oleum gas leaks on 4 th and 6th of December,
1985. This came immediately after the Bhopal Gas Tragedy case where many
people died. As a result, there was a need to develop a new rule under Strict
Liability without exceptions. This came to be known as Absolute Liability. This
case led to the formation of Environment Protection Act, 1986.
 M.C. Mehta v. Union of India & Ors.
(AIR 1997 SC 734) Taj Trapezium Case
The Supreme Court in Taj Trapezium case instructed the coal and coke
industries that surrounded Taj Mahal should take alternative measures or else
they should shift their industries to some other place. This measure was taken
as a result of change in colour of India’s famous tourist destination, Taj Mahal.
At the same time the quality of air, water and land started being harmful for the
residents of the area. It was essential to protect the rights of people enshrined
in Article 21.
 M.C. Mehta vs. Union of India (1987): Treated the right to live in pollution
free environment as a part of fundamental right to life under Article 21 of the
Constitution.

 Virender Gaur vs. State of Haryana (1995): Stated that protection and
preservation of the environment, ecological balance free from pollution as
part of Article 21.
 T.N. Godavarman Thirumulpad vs Union Of India & Ors (1996): Expanded
'forest' meaning to preserve green expanses, irrespective of their nature,
classification or ownership.
 Vellore Citizens Welfare Forum vs. Union of India (1996): Observed that
"the Precautionary Principle" and "the Polluter Pays Principle" are essential
features of "Sustainable Development."

: The State of Himachal Pradesh and Others vs. Yogendera Mohan Sengupta and
Another (January 11, 2024) The Indian Constitution does not provide any direct
provision that relates to the protection and preservation of the environment but
under Article 21 of the Consitution of India, the right to a clean and healthy
environment is incorporated as a fundamental right.
 INDUSTRIAL REVOLUTION IN INDIA

INTRODUCTION

The Industrial Revolution was a period from the 18th to the 19th century where major
changes in agriculture, manufacturing, mining, transportation, and technology had a
profound effect on the socioeconomic and cultural conditions of the times. It began in
Britain and then spread throughout Western Europe and the United States.

In modern history, the Industrial Revolution was the transition from an agrarian and
handicraft economy to one dominated by industry and machine manufacturing. These
technological changes introduced a new way of working and living in a transformed
society. The process of the industrial revolution began in Britain in the 18th century and
from there it spread to the other parts of the world.

The term “Industrial Revolution” was first familiarized by English economic historian
Arnould Toynbee to describe the economic development of Britain from 1760-1840.
Since then, the term has been more widely used as a process of economic
transformation than as a period in a specific framework.

Industrialization Meaning

Industrialization is the process of transforming the agrarian economy into an economy

that focuses more on the bulk production of goods and services. Generally, this is
followed by mechanized production that enables businesses to produce more with less
labour. For example, using coal in place of manpower to operate machines.

The process of industrialization generally involves significant social changes, which

incorporate free labour markets in which workers have the authority to choose their
employers. Industrialization also tends to enhance entrepreneurship, mobility, self-
determination, and standards of living. It enhances productivity and fuels economic
growth. Significant infrastructure changes also aim to follow industrialization, including
the construction of roads and railroads.

Industrial Revolution Definition Industrial revolution definition states that it is

an instant major social and economic transformation that occurred in Britain, Europe,
and the U.S. in the late 18th and 19th century when new power, the new source of
machinery, and new ways of product manufacturing were introduced.

The industrial revolution arrived in India in 1854, when Bombay

opened Asia's first steam-powered cotton mill. Initially, growth was
slow, and the expansion of these modernised cotton mills did not
occur until the 1870s and 1880s.
 Impact of the Industrial Revolution
Impact on Agriculture The Industrial Revolution brought about improved agricultural
practices and technological advancements that significantly increased food production,
contributing to population growth.

Advancements in Manufacturing The use of new machines and technology

transformed manufacturing, increasing production and efficiency, which ultimately led to
economic growth and the emergence of new industries.

Changes in Mining Improvements in mining techniques and equipment, later

introduced during the Industrial Revolution, facilitated the extraction of natural resources
needed for industrial production and energy supply.

Transformation of Transportation The development of the steam engine

revolutionized transportation by enabling the expansion of railroads, which facilitated the
movement of goods and people across long distances.

Urbanization A significant urbanization trend occurred as people relocated from rural

areas to cities seeking employment opportunities in factories and mills.

Harsh Working Conditions Working conditions in factories were often characterized

by long hours, low wages, and dangerous environments, leading to the formation of
labor movements advocating for workers' rights.

Growth of the Middle Class The revolution contributed to the emergence of a middle
class, as economic growth and the availability of more goods led to increased
consumerism, making products more accessible to a larger population.

Changes in Social Structures The Industrial Revolution instigated changes in social

structures and gender roles, with more women and children joining the workforce in
significant numbers.

Environmental Impact The rapid industrialization had profound effects on the

environment, leading to increased pollution and the depletion of natural resources,
which raised concerns regarding sustainability.

Foundation for Modern Societies The Industrial Revolution set the stage for modern
industrial societies and laid the groundwork for technological advancements that
continue to shape the world today.

1st Industrial Revolution - Use of Coal

2nd Industrial Revolution - Use of Gas
3rd Industrial Revolution - Use of Electronics & Nuclear
4th Industrial Revolution - Use of internet & Renewable energy
 Characteristics of the Industrial
Revolution
Technological Changes: Technological advancements were a fundamental
characteristic of the Industrial Revolution, marking a shift towards mechanization and
innovation.

Use of New Materials: The adoption of new materials such as iron and steel became
prevalent, significantly enhancing production capabilities across various industries.

New Energy Sources: The Industrial Revolution saw the utilization of novel energy
sources, including coal, steam engines, electricity, petroleum, and internal-combustion
engines.

Production Efficiency Inventions: Inventions like the spinning jenny and the power
loom emerged, contributing to improved efficiency in production processes.

Factory System: The implementation of the factory system introduced a new

organizational framework for work, emphasizing specialized tasks and a greater division
of labor.

Advancements in Transportation and Communication: Significant advancements

occurred in transportation and communication, with the introduction of steam
locomotives, steamships, automobiles, airplanes, telegraphs, and radios.

Role of Science in Industry: The Industrial Revolution marked a period where science
increasingly played a vital role in industrial processes and production techniques.

Increased Resource Utilization and Mass Production: Technological changes led to

a greater use of natural resources and facilitated the mass production of goods,
transforming supply chains.

Improved Farming Techniques: Agricultural advancements allowed for increased food

production, which supported a growing population of non-farmers.

Economic Changes: Changes in the economic landscape resulted in wealth being

more widely distributed, as industrial production and international trade diminished the
previous dominance of land as a source of wealth. Political Changes & Social
Changes : The shift in economic power prompted political changes, with new
government policies emerging to address the needs of an industrialized society. Society
underwent significant changes, including rapid urbanization, the rise of working-class
movements, and the emergence of new forms of authority
 Cultural Transformations: The Industrial Revolution also brought about wide-ranging
cultural transformations, with workers acquiring new skills and transitioning from
craftsmen to machine operators, often subject to strict factory discipline.

Advantages of Industrialization

o Increased production: Industrialization allows for the mass

production of goods, resulting in a higher quantity of products being
available to meet people's needs and wants.
o Economic growth: Industrialization leads to economic growth by
creating new industries, generating employment opportunities, and
attracting investments.
o Technological advancements: Industrialization encourages
innovation and the development of new technologies. These
advancements improve efficiency, productivity, and quality in various
industries, making life easier and more convenient for people.
o Urbanization: Industrialization often leads to the growth of cities and
urban areas as people move from rural to urban regions in search of
job opportunities.
o Higher-income and living standards: Industrialization typically
results in higher incomes for individuals and families.
o Improved transportation and communication: Industrialization
drives the development of transportation and communication systems.
This includes the construction of roads, railways, and ports, as well as
the invention of telephones and the Internet. These advancements
facilitate trade, connect people, and enhance connectivity globally.
o Diversification of industries: Industrialization promotes the growth
of different industries, reducing dependence on a single sector or crop.
o Expansion of international trade: Industrialization enables
countries to produce surplus goods, which can be exported to other
nations.
o Job creation: Industrialization creates a significant number of jobs
across various sectors. This reduces unemployment rates and provides
individuals with the opportunity to earn a living and support their
families.
o Social progress and improved quality of life: Industrialization
often leads to social progress, such as increased literacy rates,
improved healthcare, and better access to basic amenities like clean
water and electricity.

Technological Developments

o Textiles - Water and later steam-powered mechanized cotton spinning

increased a worker's output by around 500 times.
 o Steam power - Steam engines' efficiency increased, using only one-fifth to
one-tenth as much fuel. The adaptation of stationary steam engines to rotary
motion made them suitable for industrial applications.
o Iron making - Substituting coke for charcoal significantly reduced fuel costs
in pig iron and wrought iron production. The use of coke allowed larger blast
furnaces, leading to economies of scale.

Negative impacts of industrilization in india

Increased Poverty The Industrial Revolution and subsequent industrialization in India
contributed to increased poverty levels among the population. As traditional industries declined,
many artisans and laborers lost their livelihoods, leading to economic hardship for countless
families.

De-Industrialization The influx of British-manufactured goods, particularly textiles, led to the

decline of local industries. This de-industrialization resulted in the collapse of traditional craft-
based sectors, creating further unemployment and reducing economic independence.

Exploitation of Labor Industrialization often resulted in the exploitation of labor, with workers
facing long hours, low wages, and unsafe working conditions in factories. This exploitation led to
widespread labor unrest and movements advocating for workers’ rights.

Environmental Degradation The rapid industrial growth in India resulted in significant

environmental degradation, marked by increased pollution and depletion of natural resources.
The unregulated industrial activities led to air and water pollution, adversely affecting public
health and the ecosystem.

Land Displacement Industrial expansion often led to land displacement, with farmers being
forced off their lands to make way for factories and development projects. This loss of land
exacerbated poverty and disrupted traditional agricultural practices.

Social Disruption The processes of industrialization disrupted traditional social structures and
communities. The migration of large numbers of people to urban areas for jobs led to
overcrowded cities and strained infrastructure, contributing to social tensions.

Changes in Gender Roles While industrialization provided new employment opportunities, it

also changed gender roles, often placing women and children in low-paying, exploitative jobs.
This shift highlighted the precarious nature of labor in factories and contributed to ongoing
gender inequalities.

Health Issues Industrialization's impact on health was profound, as workers in industrial

settings were subject to hazardous environments. The proliferation of diseases and health
issues arose from poor working conditions, inadequate sanitation, and exposure to harmful
substances.

Economic Dependence The focus on cash crop cultivation and the prioritization of industries
catering to foreign markets led to economic dependence on British interests. This dependency
had long-term ramifications for India’s economic autonomy and self-sufficiency.
Cultural Erosion The shift towards industrialization often resulted in the erosion of local
cultures and traditions. The introduction of Western concepts and practices overshadowed
indigenous practices, disrupting cultural identities and heritage.

LABOUR POLICY IN INDIA

Emergence of the State as a Custodian The state has increasingly positioned itself
as the principal guardian of the interests of the working community. This role
encompasses not only safeguarding worker rights but also ensuring that welfare
programs are effectively developed and implemented. By acting as a catalyst for
change, the state plays a pivotal part in promoting labor laws and enhancing the overall
well-being of the workforce.

Recognition of Right to Direct Action Empowering workers with the right to direct
action is fundamental when justice is denied. This principle ensures that workers can
collectively voice their grievances and take action, such as strikes or protests, as
necessary to demand their rights. By acknowledging this right, the system aims to foster
an environment where workers feel they have a legitimate avenue to address injustices.

Encouragement of Mutual Settlement The labor policy promotes mutual settlement,

collective bargaining, and voluntary arbitration among stakeholders. These mechanisms
serve as alternatives to conflict, allowing workers and employers to negotiate terms and
resolve disputes amicably. By fostering dialogue and collaboration, the policy seeks to
enhance workplace harmony and prevent unnecessary industrial discord.

State Intervention for Fair Treatment The state plays an active role in intervening for
the weaker party in labor disputes to ensure fair treatment. This intervention is crucial in
striking a balance between the power dynamics of employers and employees,
especially in cases where workers are at a disadvantage. Such actions help to uphold
the principles of justice and equity within the labor market.

Primacy of Industrial Peace Maintaining industrial peace is a high priority in labor

policy. This commitment emphasizes the importance of stable and harmonious
workplace relations, as conflicts can lead to significant economic disruptions. Efforts to
promote industrial peace enhance productivity and contribute to a more positive working
environment.

Partnership Between Employers and Employees A constructive partnership

between employers and employees is essential in addressing the economic needs of
the community. This collaborative approach encourages shared responsibilities and
fosters a sense of mutual respect. It promotes a culture where both parties work
together towards achieving common goals, benefiting both the organization and the
wider community.

Ensuring Fair Standards and Social Security The labor policy prioritizes the
establishment of fair standards and provisions for social security for workers. Ensuring
that safety nets are in place allows employees to safeguard their livelihoods and health.
Social security systems, including health insurance and pensions, contribute to the long-
term financial security of the workforce.

Cooperation to Augment Production and Productivity Fostering cooperation among

all parties involved in labor relations is aimed at enhancing production and increasing
overall productivity. By working together, employers and employees can identify
inefficiencies and implement strategies for improvement. Such cooperation is vital for
sustaining growth and adapting to market changes.

Adequate Enforcement of Legislations The effective enforcement of labor legislation

is crucial for protecting worker rights and ensuring compliance by employers. Rigorously
enforcing laws establishes a framework of accountability and creates a culture of
adherence to regulations aimed at maintaining ethical labor practices.

Enhancing Workers' Interests in Industry A focus on enhancing the interests of

workers is integral to the labor policy. This encompasses various measures designed to
improve working conditions, ensure fair wages, and provide opportunities for skill
development. Enhancing these interests fosters a more engaged and motivated
workforce.

Tripartite Consultations Tripartite consultations involve collaboration among the

government, employers, and workers' representatives. This framework ensures that all
voices are heard in the formulation of labor policies and regulations. By facilitating
discussions among these three stakeholders, the policy aims to create more balanced
and equitable labor laws that reflect the needs and concerns of all parties involved.

LABOUR PROBLEMS IN INDIA AND SUGGESTIONS FOR THEM

Overview of Labour Problems in India India faces significant labour problems that
impact its economic growth and social stability. Issues such as high levels of
unemployment, wage disparities, poor working conditions, and the prevalence of
informal labor are pressing concerns. Moreover, skill mismatches between the
workforce and industry requirements further exacerbate these issues.

High Unemployment Rates High unemployment, particularly among the youth, is a

critical problem in India. With a rapidly growing population, there is an urgent need for
job creation. Many young people remain unemployed despite having higher education
qualifications, highlighting the disconnect between education and market needs.

Wage Disparities Wage disparities present another serious issue, where considerable
gaps exist between the wages of skilled and unskilled workers. Despite India being one
of the fastest-growing economies, many workers earn wages that do not align with the
cost of living, resulting in increased poverty levels.

Poor Working Conditions Poor working conditions in many industries pose significant
risks to worker health and safety. The lack of adequate safety measures and
enforcement of labor laws leads to frequent accidents and health issues. Workers often
report long hours, inadequate facilities, and a lack of job security.

Prevalence of Informal Labor A substantial portion of the workforce is engaged in

informal sector employment, which lacks proper regulation and job security. Informal
workers do not have access to benefits such as health insurance, paid leave, and
retirement plans, leaving them vulnerable to economic shocks.

Skill Mismatch Skill mismatch presents a challenge where the education and training
provided to the workforce do not meet industry demands. Many graduates lack the
practical skills required by employers, leading to high rates of unemployment among
educated youth.

Child Labour One of the most alarming labour issues in India is child labour. Despite
laws prohibiting the employment of children in hazardous industries, children are
frequently found engaged in work that deprives them of education and exposes them to
exploitation. Children in India are subjected to the worst forms of child labor, including
commercial sexual exploitation, often as a result of human trafficking. This phenomenon
not only limits their future prospects but also perpetuates the cycle of poverty.

Bonded Labour Bonded labour remains prevalent, especially in rural areas, where
individuals are trapped in a cycle of debt due to exorbitant interest rates charged by
employers. This form of modern slavery forces workers to give their labour in exchange
for repayment of debts, which can often never be settled, thereby infringing on their
rights and freedoms.

Gender Discrimination Gender discrimination in the workplace continues to be

pervasive. Women often face lower wages compared to their male counterparts for the
same work and are underrepresented in leadership roles across various industries.
Additionally, women frequently encounter workplace harassment, which poses
significant barriers to their professional advancement and well-being.
Regional Disparities There are significant regional disparities in labour conditions
across India. States with more robust industrialization and investment, such as
Maharashtra and Tamil Nadu, tend to offer better job opportunities and working
conditions. Conversely, poorer states may lack infrastructure and investment, leading to
higher unemployment and exploitative labour practices.

Inadequate Labour Market Information The lack of accurate and timely labour market
data hampers effective policy-making. Employers often struggle to find suitably skilled
workers, while jobseekers remain unaware of available opportunities and required skills.
This mismatch can lead to inefficiencies in the labor market, where potential workers
cannot connect with employers, exacerbating unemployment issues.

Health and Safety Concerns Health and safety concerns continue to plague various
industries, particularly in manufacturing and construction sectors. Workers are often
exposed to hazardous materials and unsafe working environments without adequate
protective measures. The lack of enforcement of safety regulations leads to accidental
injuries and fatalities, further eroding workers' rights and well-being.

Lack of Social Security Provisions The absence of comprehensive social security

coverage for workers, especially those in informal sectors, poses significant risks.
Workers often remain vulnerable to economic shocks, such as illness or job loss,
without access to health benefits, unemployment insurance, or retirement plans. This
lack of security creates fear and instability among the workforce, discouraging them
from fully engaging in the labor market.

Poor Quality of Education and Training The quality of education and vocational
training systems remains insufficient to meet the demands of modern industries. Many
educational institutions focus on theoretical knowledge rather than practical skills,
leaving graduates ill-prepared for the workforce. This discrepancy contributes to the
high levels of youth unemployment and underemployment observed in the Indian
economy.

Overwork and Exploitation Despite labor laws limiting work hours, many workers,
particularly in the informal sector, are forced to overwork without additional
compensation. Employers often exploit workers by imposing excessively long working
hours while neglecting their rights to breaks, leading to fatigue, decreased productivity,
and health issues. Young employees are particularly vulnerable to these practices, as
they may fear job loss or retaliation if they voice concerns.

Conclusion The labour problems in India are multi-faceted and require urgent attention
from policymakers, businesses, and civil society.
Suggestions for Addressing Labour Problems
Promotion of Skill Development Programs To bridge the gap between education
and employment, India should invest in robust skill development programs. These
initiatives should focus on vocational training and ensure that graduates possess the
practical skills needed by industries. Collaborations between educational institutions
and businesses could enhance the effectiveness of these programs.

Implementation of Fair Wage Policies Establishing a minimum wage policy that

reflects the cost of living can help address wage disparities. Regular revisions to the
minimum wage, along with enforcement of labor laws, will ensure that workers receive
fair remuneration for their work.

Strengthening Labour Laws and Regulations Improving and strictly enforcing labor
laws could enhance working conditions significantly. Governments should ensure that
safety standards are upheld and that violations are penalized. Regular inspections and
monitoring of industries would help facilitate compliance with regulations that protect
workers’ rights.

Encouraging Formal Employment To reduce the prevalence of informal labor, the

government could incentivize businesses to provide formal employment. This could
include tax breaks for companies that transition informal workers to formal employment
status, ensuring workers gain access to benefits and job security.

Enhancing Employment Generation Government initiatives aimed at creating job

opportunities, particularly in the manufacturing and service sectors, can effectively
address unemployment. Investing in infrastructure projects and supporting small and
medium enterprises (SMEs) can stimulate job creation across various sectors.

Promoting Tripartite Consultations Encouraging tripartite consultations among the

government, employers, and workers can lead to a more balanced approach in
formulating labor policies. Involving all stakeholders in the decision-making process can
help address concerns effectively and foster greater cooperation.

Raising Awareness and Advocacy Raising awareness among workers about their
rights and available benefits is essential. Advocacy programs can empower workers to
voice their grievances and participate in collective bargaining, thus ensuring their rights
are recognized and upheld.
Strengthening Social Security Systems Expanding social security systems to cover
all workers, including those in informal employment, would provide much-needed
support during economic downturns or health crises. Ensuring access to healthcare,
unemployment benefits, and retirement plans will contribute to worker welfare.

A INTRO , HISTORY AND AIM OF TRADE UNIONS ACT

The Trade Unions Act, enacted in 1926, is a fundamental piece of legislation that
provides a legal framework for the establishment, registration, rights, and liabilities of
trade unions in India. Designed to protect workers' rights and facilitate collective
bargaining, the Act aims to foster an organized and balanced relationship between
employers and employees.

History of the Trade Unions Act

The origins of trade unions in India can be traced back to the early 19th century when
workers began forming associations to advocate for their rights. The establishment of
the Bombay Mill-Hands Association in 1890 marked the inception of organized labor
movements. Initially, trade unions faced various challenges, including legal restrictions
that hindered their operation

The Trade Unions Act of 1926 was introduced to address these challenges, providing
legal recognition to trade unions and granting them the status of legal entities. This
landmark Act was a response to growing worker unrest and labor movements aimed at
improving working conditions, pay, and rights during a time of significant industrial
growth in India. The Act laid the groundwork for collective bargaining and the
establishment of a more structured process for addressing labor disputes.

Aims of the Trade Unions Act

The primary aims of the Trade Unions Act are outlined as follows:

Legal Recognition: The Act aims to provide formal legal status to trade unions,
allowing them to operate and represent workers in negotiations with employers.

Protection of Workers' Rights: One of the key objectives is to protect the rights and
interests of workers, enabling them to engage in collective action without fear of
reprisal.

Facilitation of Collective Bargaining: The Act seeks to promote collective bargaining,

allowing unions to negotiate on behalf of their members regarding wages, working
conditions, and other employment-related matters.
Regulation of Trade Unions: Through the Act, the regulation of trade unions is
enforced, ensuring that they operate within a defined legal framework that mandates
transparency and accountability in their functioning.

Conflict Resolution: The Act provides mechanisms for resolving disputes between
employers and employees, facilitating a more harmonious working environment.

Social Empowerment: Ultimately, the Act aims to empower workers by granting them
the means to collectively voice their concerns and improve their socioeconomic
conditions through organized efforts.

By achieving these aims, the Trade Unions Act contributes significantly to the labor
landscape in India, promoting not only the interests of individual workers but also the
broader goals of workers' rights and social justice.

ALL ABOUT REGISTRATION UNDER TRADE UNIONS ACT 1926

Registration under the Trade Unions Act of 1926 is an essential process for trade
unions in India, providing legal recognition and advantages. The following points
summarize the key aspects of registration:

Eligibility for Formation

Membership Requirement: A trade union can be formed by any group of seven or

more members.

Workforce Representation: At least 10% or 100 members, whichever is less, must be

workers engaged in the establishment for which the trade union is formed.

Application Process

Form A Submission: Applications for registration must be made using Form A,

provided in the Trade Unions Act.

Documentation: The application must include: Names and addresses of the members.

Name and address of the trade union's head office.

Details of office bearers.

Conditions for Validity

Continuity of Membership: Withdrawal of members after submitting the application

does not invalidate the process unless it exceeds half of the applicants.
Compliance with Provisions: The unions must meet all legal requirements stipulated
in the Act, including having an executive committee.

Registration Certificate

Issuance: Upon satisfactory compliance, the Registrar will register the trade union and
issue a certificate of registration, which serves as conclusive proof of registration.

Cancellation of Registration

Conditions for Cancellation: A registration can be cancelled if:

The union ceases to exist or violates the Act.

The certificate was obtained by fraud.

Notice Requirement: The registrar must provide a minimum of two months' notice
before cancellation.

Legal Status and Benefits

Legal Entity: Registered trade unions are recognized as legal persons, which means
they can hold property and enter into contracts.

Immunity and Rights: They enjoy specific immunities in legal matters, allowing them to
operate effectively on behalf of their members.

Appeal Process

Rights to Appeal: If registration is denied or cancelled, aggrieved parties can appeal to

the Industrial Tribunal or Labour Court.

Importance of Registration

Operational Legitimacy: Without registration, trade unions cannot claim rights under
the Industrial Disputes Act of 1947.

Enhanced Negotiation Power: Registered unions have greater authority in

negotiations with employers and are legally recognized entities for dispute resolution.

RIGHTS OF REGISTERED TRADE UNIONS

Registered trade unions hold significant rights under the legal framework established by
laws such as the Trade Unions Act, 1926. The following sections outline the key rights
that these unions possess:
Legal Personhood Rights

Registered trade unions acquire legal status upon registration, which bestows upon
them several fundamental rights:

Common Seal: The right to maintain a common seal in their

namecitationSourceIndex2.

Property Rights: They can acquire, hold, and dispose of both movable and immovable
property in their own namecitationSourceIndex2.

Contractual Rights: Unions possess the right to enter into contracts in their name,
which is essential for conducting businesscitationSourceIndex2.

Legal Actions: They have the right to file lawsuits to protect their rights and can also be
sued under their registered namecitationSourceIndex2.

Rights Related to Membership

Registered trade unions must ensure the rights of their members are protected, which
include:

Freedom of Association: Members have the right to join the union and participate in its
activities without coercioncitationSourceIndex3.

Access to Information: Union members have rights to access financial records and
reports related to the union's expenditures and revenues.

Representation Rights

Registered trade unions are empowered to represent their members effectively:

Collective Bargaining: They possess the right to engage in collective bargaining with
employers regarding wages, work conditions, and other employment-related
matterscitationSourceIndex3.

Industrial Action: Unions have the right to participate in strikes and other industrial
actions, which are critical for advocating for better workplace
conditionscitationSourceIndex3.

Right to Picket: The unions can conduct peaceful picketing to raise awareness about
their grievances in front of employer premisescitationSourceIndex3.

Protection of Rights

Registered trade unions enjoy certain legal protections, including:

Immunity from Tort Liability: They have immunity from tort liability in specific
circumstances, shielding them from legal actions arising from the activities of their
memberscitationSourceIndex3.

Protection from Punitive Actions: Laws safeguard them against punitive actions from
employers as a result of lawful union activities, promoting a fair negotiating
environmentcitationSourceIndex2.

Political Rights While registered trade unions primarily focus on labor matters, they are
allowed certain political rights:

Establishment of Political Funds: Unions can create separate political funds to

support the civil and political interests of their memberscitationSourceIndex2.

Additional Rights

Furthermore, registered trade unions have rights that aid in their operational and
advocacy efforts:

Right to Hold Meetings: Unions can organize meetings and conferences to discuss
matters pertinent to their membershipcitationSourceIndex2.

Right to Inspect Workplaces: They have the authority to inspect workplaces and
interact with employees to gather information and express concerns.

Legal Assistance: Trade unions can seek legal assistance to defend their interests and
those of their memberscitationSourceIndex2.

These rights collectively empower registered trade unions to advocate for their
members, promote their welfare, and engage in meaningful negotiation with employers,
thereby playing a crucial role in the labor landscape.

LIABILITIES OF TRADE UNION

Statutory Duties

Registered trade unions are subject to specific duties mandated by the Trade Unions
Act, which include:

Incorporation of Rules: The constitution of a trade union must incorporate specific

matters as outlined in Section 6 of the Act, including the union’s objectives, member
admission criteria, and procedures for amending rules.

Formation of Executive Committee: Trade unions are required to form an executive

committee as stipulated in Sections 21-A and 22, ensuring proper governance and
administration.
Annual Reporting: Trade unions must submit an annual report to the Registrar,
detailing income, expenditure, members, and other significant financial data. This helps
maintain transparency and accountability.

Financial Utilization

Trade unions have obligations concerning the management and use of their funds:

General Fund Management: The Act requires that trade unions use their general funds
strictly for purposes permitted under Section 15. This may include covering expenses
like office operations, salaries for office bearers, legal assistance, and compensating
members for losses incurred during trade disputes.

Prohibition on Unapproved Expenditures: Any expenditure outside the stipulated

objectives in the Act is prohibited, ensuring that funds are utilized appropriately.

Compliance with Regulations

Trade unions must comply with specific regulations, which include:

Notification to the Registrar: Unions are obligated to notify the Registrar of significant
changes within the organization, such as name changes, amalgamations, relocation of
headquarters, or dissolution.

Access to Books and Records: Trade unions are required to grant access to their
accounting books and membership lists for inspection by their members, ensuring
financial transparencY.

Liability for Union Actions

While trade unions enjoy certain protections, they also bear liabilities related to their
actions:

Liability for Member Actions: Unions can be held liable for the actions of their
members during union activities. This includes taking responsibility for actions that are
deemed to have been conducted under union auspices, particularly during strikes or
demonstrations.

Legal Compliance: Unions must comply with all applicable labor laws and regulations.
Failure to do so can result in penalties and impact the union's registered status.

Ethical Responsibilities

Respect for Members' Rights: Trade unions have a duty to respect and uphold the
rights of their members, ensuring that their conduct represents the collective interests of
the workforce.
Promotion of Unity and Solidarity: Unions must foster a sense of unity and solidarity
among their members while ensuring that internal disputes are resolved amicably.

PENALTIES AND PROCEDURE

Penalties for Non-compliance

The Act sets forth penalties for violations related to the operational responsibilities of
trade unions:

Failure to Submit Returns (Section 31):

Registered trade unions are mandated to submit various returns to the Registrar. If a
union fails to do so, penalties are imposed, including fines:

Executive Members: Fines can amount to up to Rs. 5 for executive members.

False Entries: Penalties can escalate to Rs. 500 for making false entries in any return.

Supplying False Information (Section 32):

If a trade union supplies false information regarding its registration or other

submissions, the penalty can reach up to Rs. 200.

Unlawful Unions (Section 26):

Trade unions formed in contravention of the provisions of the Act may face penalties,
including the dissolution of the union and legal actions against its members.

Cognizance of Offenses

The procedures for legal action and cognizance of offenses under the Trade Unions Act
are structured as follows:

Cognizance without Complaint (Section 33):

Lower courts may only try offenses under the Act if they have received prior sanction
from the Registrar. Specifically, for offenses referenced in Section 32, the court can
proceed if the accused is charged within six months of the alleged offense.

Procedure for Investigating Offenses:

For investigating complaints regarding non-compliance or disputes, a systematic

approach is employed wherein the Registrar will oversee and facilitate investigations as
necessary.
General Penalties

Apart from specific offenses, trade unions may face general penalties for various
infractions:

Adverse Actions for Disciplinary Measures: Unions may encounter penalties for
failing to uphold the rights of their members or acting in a manner inconsistent with the
objectives stated in their constitution. Such actions can bring about interventions or
sanctions from regulatory bodies.

Liability for Damages: If a trade union is found liable for any damages incurred by third
parties during union activities, they may be required to compensate those parties as a
form of penalty.

Procedural Guidelines In handling offenses and disputes, the Act prescribes certain
procedural guidelines:

Examination of Records: The Registrar can examine requisite union records to

ascertain compliance, and unions are obligated to cooperate during this process,
ensuring transparency.

Appeals Process (Section 15-A): Registered trade unions have the right to appeal
against certain decisions regarding penalties or sanctions. The appeal process requires
following specific steps as outlined by the Registrar's guidelines.

Conclusion

The Trade Unions Act, 1926 establishes a clear framework of penalties and procedures
designed to regulate the activities of trade unions, ensuring that they operate within the
legal boundaries while protecting the rights of the members.
Introduction of the Factories Act, 1948
Legislative Framework: The Factories Act, 1948 is a landmark legislation in India that
regulates labor conditions in factories. It was enacted to address the adverse conditions
faced by workers in industrial establishments and ensure their safety and welfare.

Scope of Application: The Act applies to all factories in India, defined as any
premises where ten or more workers are employed with the aid of power, or where
twenty or more workers are employed without power.

Objectives: It aims to safeguard the health and safety of workers, regulate working
hours, and ensure fair wages and adequate workplace facilities. The legislation is
intended to promote better working conditions and protect against exploitation.

Regulatory Authority: The Act empowers state governments to formulate rules

and regulations to ensure compliance, providing a framework for local oversight and
implementation of labor laws.

History
Preceding Legislation: The need for factory regulation emerged from the Industrial
Revolution, with earlier laws like the Factory Act of 1881.

Development in India: Modern industrialization in India began in the late 19th century,
leading to calls for legal frameworks to protect workers.

Parliamentary Action: The Factories Act 1948 was passed by the Indian Parliament to
address the rights and welfare of workers, particularly in response to increasing factory
numbers.

Amendments: The Act has undergone various amendments since its inception to adapt
to the changing industrial landscape, including significant changes in 1954, 1987, and
further updates.

Aims and Objectives

Health and Safety: To ensure the health and safety of workers in industrial
establishments through strict compliance measures.

Regulation of Working Conditions: Aims to regulate working hours, rest periods, and
working conditions to avoid worker exploitation and overwork.

Fair Wages: To provide for minimum wages and ensure workers are not underpaid.
Welfare Provisions: To facilitate welfare measures such as providing clean drinking
water, sanitary facilities, and first-aid arrangements to improve worker conditions.

Child Labor Prohibition: To prohibit child labor and regulate the employment of young
persons in hazardous conditions.

Social Justice: Aims to foster social justice and improve labor standards across
industries in India.

Definition of Factory According to the Factories Act, 1948

The definition of a factory as per the Factories Act, 1948 is detailed in Section 2(m):

Factory: A factory is defined as any premises including the precincts thereof where:

Power-Aided Manufacturing: Ten or more workers are working or have worked 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.

Non-Power Manufacturing: Twenty or more workers are working or have worked 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

Overview of the Factories Act 1948

Purpose: Regulates labor in factories to ensure employee safety, health, and welfare.

Enactment: Came into effect on April 1, 1949, and contains 120 sections.

Registration Process

Submission of Plans: Factories must submit plans or descriptions for registration to

the state government as per Section 6.

Prior Permission: Approval is required before constructing or extending factory

premises.

Automatic Approval: If no response is received within three months of application

submission, it is deemed automatically approved.

Fees and Licensing

Application Fees: Specific fees must be submitted along with the registration
application as determined by the relevant authorities.

Compliance Requirement: Licensing authority can refuse a license based solely on

non-compliance with legal requirements.
Renewal and Notifications

Notice for Changes: A written notice must be submitted to authorities 15 days prior to
any changes in occupancy or management as per Section 7.

New Manager Notification: If a new manager is appointed, the factory must inform the
chief inspector within seven working days.

Importance of Compliance

- Safety and Welfare Standards: Compliance with registration regulations helps

maintain safety, health, and welfare standards in factories.

Regulatory Monitoring: The chief inspector monitors compliance, ensuring factory

operations adhere to safety regulations.

Operational Impact: Non-compliance with registration requirements can result in

significant operational barriers and penalties for factory owners.

Provisions for Safety of Workers

Safety Measures for Machinery: Section 21: Every moving part of machinery shall be
securely fenced with substantial construction, except where necessary examination is
conducted.

Prevention of Overcrowding: Section 16: Provisions must ensure that there is

adequate space per worker in the workplace to prevent overcrowding, with specific
minimum space requirements defined.

Dust and Fumes Treatment: Section 14: Factories must implement effective measures
to prevent inhalation and accumulation of harmful dust or fumes in the work
environment.

Provision of First-Aid Facilities: Section 31: Factories are required to have readily
accessible first-aid boxes, with appropriate contents, and must maintain one first-aid
box for every 150 workers.

Fire Safety Provisions: Section 45: Employers must take pragmatic measures to
prevent fire outbreaks and ensure safe escape routes, as well as provide equipment for
extinguishing fires.

Sanitation and Cleanliness: Section 11: Employers must maintain cleanliness in the
workplace and proper sanitation facilities, including adequate arrangements for waste
disposal and handling.
Adequate Ventilation: Section 13: Factories must provide sufficient ventilation and
control of temperature, so as to maintain a comfortable work environment and prevent
heat-related illnesses.

Provision of Lighting: Section 17: There must be abundant lighting in workrooms to

prevent accidents and to protect the workers' eyesight from strain due to poor lighting
conditions.

Safe Access to Work Areas: Section 33: Floors, stairs, and passages must be well
maintained and free from obstructions. Additional measures like handrails must be
provided where necessary.

Protective Equipment: Section 36: Adequate protective gear, such as goggles and
gloves, must be provided for workers engaged in processes where they may face risk of
injury.

Regular Inspections: Section 5: The Act mandates regular inspections by designated

authorities to ensure compliance with safety standards and other provisions related to
worker safety.

These provisions under the Factories Act, 1948 are integral for safeguarding the health
and safety of workers in industrial environments. They establish a legal framework that
compels employers to maintain safe working conditions and respond to potential
hazards effectively.

Provisions for employment and working conditions of

women
Restrictions on Working Hours: Section 34: No woman shall be required or allowed
to work in any factory except between the hours of 6 A.M. and 7 P.M., establishing a
framework for reasonable working hours.

Prohibition of Night Shifts: Section 34: Employment of women is strictly prohibited

between the hours of 10 P.M. and 5 A.M., safeguarding them from night shifts that could
compromise their safety.

Separate Facilities: Section 25: Factories must provide separate environments for
women, including restrooms, changing rooms, and canteens, prioritizing their comfort
and privacy.
Childcare Facilities: Section 48: Employers who hire 30 or more women workers must
provide childcare facilities for their children aged six years and under, supporting
working mothers in the factory environment.

Prohibition of Hazardous Work: Section 46: Women are forbidden from operating
machinery that poses high risks of injuries or accidents, protecting them from hazardous
working conditions.

Advance Notice for Shift Changes: Section 34: Employers must provide women
workers with at least 24 hours’ notice before changing their shifts, ensuring they have
adequate time to adjust to schedule changes.

Employment of Women in Specific Roles: Section 27: Special provisions are

included to restrict or prohibit women from engaging in work deemed hazardous or
inappropriate for their physical capabilities.

Provision of Clean Facilities: Section 19: The Act mandates that facilities such as
toilets and restrooms for women must be clean and sanitary, ensuring their dignity at
the workplace.

Proper Sanitation Measures: Section 12: Factories must ensure that adequate
sanitation and hygienic conditions are maintained, including access to clean water for
washing and sanitation.

Awareness of Rights: Section 7: It is crucial that women workers are educated about
their rights under the Factories Act, as many remain ignorant of their protections and
benefits.

These provisions underscore the commitment to creating a safer, more equitable

working environment for women in factories, allowing them to contribute effectively
while ensuring their health and safety are prioritized.

Restrictions on Employment of Women

Working Hours (Section 66): Women are not permitted to work between the hours of 7
PM and 6 AM unless the state government grants an exemption under specific
conditions. This aims to protect women from working during nighttime.

Further Restrictions (Section 66(1)): Additional restrictions supplement the provisions

applied to women in factories, mandating that no woman shall be required or allowed to
work outside stipulated hours unless exempted by the state government.

Variation of Restrictions (Section 66(2)): The state government may allow

exemptions for women working in specific sectors, such as fish-curing or fish-canning,
where extended hours are necessary to prevent the loss of raw materials. The
conditions for such exemptions are prescribed by the government.

Change of Shifts (Section 66(3)): There is a prohibition on changing the shifts of

women employees except after a weekly holiday or any other designated holiday. This
regulation helps to ensure worker welfare by maintaining a stable work schedule.

Restrictions on Employment of Minors

Prohibition of Employment of Young Children (Section 67): The employment of
children below the age of 14 years is strictly prohibited in factories, ensuring that young
children are not subjected to labor in industrial settings.

Working Hours for Children (Section 71): When employed, children aged 14 years
and above are limited to a maximum of 4.5 hours of work per day and are prohibited
from working during the night shifts. This regulation ensures that children can pursue
education and age-appropriate activities.

Certificate of Fitness (Section 69): Adolescents aged 15 to 18 must obtain a

certificate of fitness from a certifying surgeon before they can be legally employed in
factories. This measure is in place to ensure the health and safety of young workers.

Provisions Relating to Factory Inspectors

Appointment (Section 8): The appropriate government appoints inspectors for the
purpose of enforcing the provisions of the Factories Act in different regions, ensuring
that there is oversight in various factories.

Powers of Inspectors (Section 9): Inspectors have specific powers to carry out their
duties as outlined in the Act, ensuring compliance with safety and health regulations.

Functions of Factory Inspectors

Inspection of Premises (Section 9(a)): Inspectors have the authority to enter any
factory premises during working hours to inspect the workplace, including plant,
machinery, and other articles in use.

Accident Investigation (Section 9(c)): They can inquire into any accidents or
dangerous occurrences within the factory. This includes taking statements from
individuals involved, highlighting their role in promoting workplace safety.
Document Verification (Section 9(d)): Inspectors can require the production of any
prescribed register or document related to factory operations, ensuring that proper
records are maintained.

Seizure of Documents (Section 9(e)): They have the power to seize documents or
registers that may be necessary for investigating any offense concerning the Act,
emphasizing their authority in maintaining compliance.

Powers of Factory Inspectors

Examination and Measurements (Section 9(b) and 9(f)): Inspectors can examine
equipment and make measurements as necessary to ensure that the factory complies
with safety regulations. They can also take photographs and recordings of work
conditions.

Unlocking and Dismantling (Section 9(h)): If inspectors find any article or substance
posing a danger to workers' health or safety, they may direct its removal or dismantling
for further examination.

Authority to Direct Maintenance (Section 9(g)): Inspectors can order that any part of
the premises be left undisturbed for thorough examination, helping to ensure a complete
and accurate assessment of safety conditions.

Special Provisions for Health and Safety

Medical Examinations (Section 10) and Qualifications (Section 8): Qualified

medical practitioners designated as inspectors can conduct medical examinations when
necessary. This provision ensures that health and safety are prioritized in the
workplace.

Prosecution Powers (Section 9(i)): Inspectors can prosecute or participate in court

proceedings concerning any breaches of the Act, emphasizing their role in
enforceability.
 Fixation and Revision of Minimum Wages

Section 3 of the Minimum Wages Act 1948 gives power to the appropriate
government to fix the minimum wage rates for workers in scheduled
employment. The appropriate government also revises the minimum wage at
intervals not exceeding five years.

However, the appropriate government can refrain from fixation on minimum wages
for any scheduled employment where the total number of employees in the state is
less than one thousand.

The appropriate government can fix the below wage rates under the Act:

 Minimum Time Rate: This is the minimum wage rate fixed for the work
duration of a worker.

 Minimum Piece Rate: This is the minimum wage fixed for a piece of work done
by the worker.

 Guaranteed Time Rate: This is a minimum remuneration rate fixed for

employees employed on piece work to secure a minimum wage rate on a
time work basis to such employees.

 Overtime Rate: This is the minimum time rate or piece rate fixed for the
overtime work performed by a worker.

The appropriate government can fix rates of minimum wages for the following
sections:

 Different categories of work in the same scheduled employment

 Different scheduled employment

 Different regions

 Adolescents, adults, children, and apprentices

The minimum wage rate is determined according to days, hours, months or any
other wage period. However, the rates to be fixed might not be uniform. Different
zones may have diverse rates.

Section 4 of the Act provides that the minimum rates of wages fixed can
comprise of:

1. Cost of living allowance. The cost of living allowance is the basic wage rate
plus the special allowance at an adjustable rate as the appropriate government
directs as per the variation in the cost of living index numbers.

2. A basic wage rate with or without considering the cost of living allowance and
the cash value of concessions provided to the supplies of essential
commodities at fixed concessional rates.

3. An all-inclusive rate providing for the basic wage payment, the cost of living
allowance, and the cash value of concessions, if any.

The appropriate government has the right to fix and revise the minimum wages
either by appointing committees and sub-committees or by publishing proposals
through a notification in the Official Gazette.

Procedure for fixation of wages

Methods of Fixation: Section 5(1): Defines two primary methods for fixing or revising
minimum wages:

Committee Method: Establishing committees to gather data and make

recommendations for wage fixation.

Notification Method: Announcement by the appropriate government through a

notification in the official gazette.
Consultation with Advisory Boards:Section 7: Requires consultation with the
Advisory Board consisting of representatives of employers, employees, and the
government for inputs on wage determination.

Processes Involved:Section 5(2): Stipulates that the appropriate government shall

consider the advice received from the committee or board before finalizing wage rates.

Public Notification: Section 5(3): Mandates that once the wage rates are proposed, a
notification must be published in the official gazette for public awareness, providing a
specified period within which objections or comments may be submitted.

Consideration of Proposals: Section 5(4): States that the appropriate government

must take into account any objections or feedback received during the public notification
phase before finalizing the wage rates.

Timeframe for Review:Section 5(5): Requires that the minimum wages fixed or
revised must be reviewed periodically, typically every five years, to ensure they remain
relevant and sufficient.

Different Rates for Various Classifications:Section 3(3): Allows the government to

fix varying minimum wage rates for different classes of work under the same scheduled
employment or different scheduled employments.

Assessment of Cost of Living:Section 4: Emphasizes that the minimum wages

should account for the basic wage along with any necessary allowances that reflect the
cost of living adjustments.

Compliance and Documentation:Section 11: Requires employers to maintain records

reflecting the wages paid and details of minimum wages applicable, ensuring
transparency and compliance with the Act.

Authorities Under Minimum Wages Act, 1948

Appropriate Government: Section 2(b): Defines the "appropriate government." For

industries like railways and major ports, the Central government serves as the
appropriate authority. For all other sectors, the State government takes on this role.

Fixation of Minimum Wages Authority:

Section 3: Empowers the appropriate government to fix and revise the minimum wage
rates for scheduled employments, ensuring that wages are set fairly.
Advisory Board: Section 7: Establishes the Advisory Board to coordinate wage-setting
efforts. It includes representatives from both employers and employees alongside
independent members, providing recommendations to the government.
Inspector Authorities:Section 19: Grants powers to inspectors appointed by the
appropriate government to enforce provisions of the Act. Inspectors can enter premises
to examine records and ensure compliance with minimum wage laws.

Authority for Claims:Section 20: Allows the appropriate government to appoint

authorities to adjudicate claims related to the non-payment or underpayment of
minimum wages. This could include officials with judicial experience.

Additional Officers:Section 89: Permits the appointment of various officers, such as

Labour Commissioners, to oversee enforcement and compliance with the Act at both
central and state levels.

Block Development Officers and Other Local Officials: Section 88: Allows for the
appointment of local authorities, such as Block Development Officers, Tahsildars, or
Naib Tahsildars, by the State government to handle specific wage-related issues at a
local level.

Roles and Responsibilities of Inspectors: Section 19: Enumerates the powers of

inspectors, including entering workplaces for inspections, examining records,
questioning employees, and taking necessary actions against non-compliant employers.

These authorities and their respective sections ensure that the Minimum Wages Act is
effectively enforced, thereby protecting workers' rights and ensuring they receive fair
compensation for their labor.

Fixation of Working Hours

Determination of Working Hours: Section 13(1): Grants the appropriate government

the authority to fix the number of hours that constitute a normal working day, which may
include one or more specified intervals for rest.

Day of Rest: Section 13(2): Requires the appropriate government to provide for a day
of rest during every period of seven days for all employees or for specified classes of
employees.

Payment for Days of Rest:Section 13(3): Stipulates that employees who work on their
designated day of rest must be compensated at a rate not less than the overtime rate.

Intermittent Employment: Section 14: Defines conditions under which employment

may be considered intermittent, whereby employees may not have fixed work hours due
to the nature of their job.

Overtime Work: Section 14(1): Requires employers to pay employees overtime wages
for any work done beyond the specified normal working hours at the rates defined by
the Act.
Minimum Work Hours Guarantee: Section 15: Ensures that if an employee works
fewer hours than the prescribed normal hours, they are still entitled to minimum wages
provided that the shortfall is not due to the employee's unwillingness.

Provisions for Special Cases: Section 13(4): Allows exceptions for certain
categories of employees, such as those engaged in urgent work or where the nature of
the work requires flexibility in hours.

These sections collectively establish a framework for regulating working hours under the
Minimum Wages Act, aiming to protect workers' rights and enhance their welfare by
ensuring fair working conditions.

Registers and Records

Mandatory Maintenance of Registers: Section 18(1): Every employer is required to
maintain registers and records that detail the particulars of employees, their work,
wages paid, and other prescribed information.

Types of Records Required: Section 18(1): Employers must keep records that
include:

Employee Particulars: Details about each employee employed, including job title and
employment duration.

Wages Paid: Information on the wages disbursed to each employee, demonstrating

compliance with the minimum wage standards.

Work Performed: Description of the work done by each employee to ensure

transparency in wage assignment.

Exhibition of Notices:Section 18(2): Requires employers to exhibit notices in the

workplace containing particulars prescribed by the appropriate government, informing
employees about their rights under the Act.

Wage Books/Wage Slips:Section 18(3): The appropriate government may issue rules
for wage books or wage slips which employers must provide to employees, ensuring
that entries documenting pay are made and authenticated responsibly.

Form of Records:Section 18(1): Specifies that the form of registers and records must
be in a prescribed manner as determined by the appropriate government, enabling
standardization across different sectors.

Duration for Record Maintenance:Section 18(1): Employers are often required to

maintain these records for a specified period, typically for at least three years after the
last entry to ensure that wage compliance can be verified.
Inspections by Authorities:Section 19: Empowers inspectors to examine the records
maintained by employers to verify compliance with minimum wage regulations and to
ensure proper record-keeping practices.

Penalties for Non-Compliance:Section 22: Establishes penalties for employers who

fail to maintain the required registers and records or do not comply with the provisions
outlined in the Act, thereby enforcing accountability.