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factory act

(Querist) 29 February 2008 This query is : Resolved 
dear sir,

pls send me detail of factory act.

like form's & return
Prakash Yedhula (Expert) 01 March 2008
Factories Act


1]Workers—{S 2(l)} means any person employed directly or by or through any agency with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process or in any cleaning part of the machinery or premises used for the manufacturing process or in any kind of work incidental to , connected with the manufacturing process or the subject of the manufacturing process but does not include any member of the armed forces of the union.

From the above definition, there is no distinction between employees with reference to wages earned by them or the skill of the employees.

If a worker is employed on the “piece work system” and not on “time wages system” will not make any difference in his status as a worker.

The following have held to be workers:

(a) An apprentice
(b) time office clerk and time keeper in a workshop
(c) a watchman in a factory
(d) an artist in a factory

The following have held not to be workers:

(a) Partner’s working in a canteen
(b) Selling agents occupying a room in the factory,
(c) Member of the armed forces(excluded by definition)

(1) Works Manager, Central Railway workshop, Jhansi vs. Vishwanthan—the definition of a worker does not exclude employees who are entrusted wholly with electrical duties, if they otherwise fall within the definition of “worker”.

(2) State of Bombay vs. Alisaheb Kashim Tamboli— A person in order to be a worker, need not necessarily receive wages.

2] Manufacturing Process—{S 2(k)}—

It means any Process —

(a) for making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal or
(b) Pumping oil, water, sewage or any other substance
(c) Generating, transforming or transmitting Power
(d) Composing types for printing, printing by letter press, lithography or book binding.
(e) Constructing, re constructing, repairing, refitting, finishing or breaking up of ships or vessels.
(f) Preserving or storing any article in cold storage.

The following are held to be manufacturing Process—

(a) Conversion of raw material into finished product
(b) Bidi making
(c) Pumping of water
Nagpur Electric Light and Power Co. Ltd vs. the regional director Esic—the process of transforming and transmitting electrical energy are manufacturing process.

3] OCCUPIER {S- 2(n)}

Occupier of a factory means a person who has ultimate control over the affairs of the factory provided that

(a) incase of a firm anyone of the individual Partners or number shall be deemed to be an occupier.
(b) Incase of a company anyone of the directors shall be deemed to be the occupier.
(c) Incase of a factory, owned and controlled by the Central government or any State government or local authority, the person or persons appointed to manage the affairs of the factory by the Central government, or State government or local authority shall be deemed to be the occupier.

4] Competent Person—In relation to any provisions of this act means a person or an institution recognized as such by the chief inspector for the purpose of carrying out test, examinations and inspections required to be done under the provisions of the Act having regard to

(a) the qualification & the experience of the person and facilities available at his disposal.

5] Hazardous Process—means any process or activity in relation to an industry specified in first schedule where, unless special care is taken, raw materials used there in or the intermediate or the finished goods, by products, waste or effluents thereof wood,

(a) Cause material impairment to the health of the persons engaged therewith or
(b) Result in the pollution of the general environment.

6] Factories {S 2(m)}

A factory is a premises where 10 or more persons are working if power is used 7
Hiralal Das (Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
Sachin Bhatia (Expert) 13 October 2009
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