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Factories Act, 1948

   Posted On :  15.05.2018 12:05 am

In common parlance, invariably factory and industry are understood as interchangeable. This is incorrect. The term industry refers to a steady and systematic activity in which a trade is organised, whereas a factory is the place where such activities are being carried on.

Introduction
 
 
In common parlance, invariably factory and industry are understood as interchangeable. This is incorrect. The term industry refers to a steady and systematic activity in which a trade is organised, whereas a factory is the place where such activities are being carried on.
 
The entire day-to-day administration of the factories is governed by the principal Act of 1948 amended Act, which is an improvement of 1934 Act. This Act extends to the whole of India, including Jammu and Kashmir. Unless otherwise provided, it also applies to factories belonging to the Central and State Governments. (Section 116)
 
The Bhopal tragedy of 1984 has created an awareness among the public for preventing pollution and this has made the government to take steps in amending the present 1948 Act by incorporating Chapter IV A from Sections 41 A to 41 H, pertaining to provisions as regards hazardous processes.

 

Objectives Of The Act

 
 
The objectives of the Factories Act of 1948 is,
 
1. To improve health, welfare and safety of the workmen.

2. To regulate by imposing restriction as to hours of work including rest and provisions for availing of leave.
 
3. To make stringent provisions as regards employment of women and young persons and duration of their work.
 

Meaning Of The Term ‘Factory’

 

Factory means any premises including the precincts therefore –
 
1. Wherein ten or more workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or
 
2. Whereon twenty or more workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on.
 
Factory does not include a mine as it is covered by Indian Mines Act, 1952 or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.
 
To put it in a nutshell, factory means (i) any premises including precincts (ii) where ten or more persons are engaged in manufacturing process with the aid of power or (iii) twenty or more persons are engaged in manufacturing process without the aid of power.
 

Manufacturing Process – Section 2 (K)

 
 
Manufacturing Process means any process for –
 
1. Making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or otherwise treating or adopting any article or substance with a view to its use, sale, transport, delivery or disposal, or
 
2. Pumping oil, water, sewage or any other substance, or
 
3. Generating, transforming or transmitting power, or

4. Composing types for printing, printing by letter press, lithography taking photography and other similar process or book binding;

5. Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or
 
6. Preserving or storing any article in cold storage [Section 2 (k)].

Power [Section 2(G)]

 
 
It means mechanical or electrical energy transmitted as a step or aids to carry out manufacture and not energy generated by human or animal agency. Mere use of power not connected with activities of manufacturing will not make the premises a factory. [New Taj Mahal Hotel vs. Inspector of Factories, (1956) I.L.I.J.273].
 
Manufacturing process must be done with the aid of power, according to Section 2 (m). Use of power may be incidental or consequential to manufacturing process. According to Section 4, on application by the occupier of a factory, different departments or branches of the factory may be treated as separate factories. Likewise, two or more factories specified by the occupier can also be treated as a single factory by the State government by passing suitable orders.
 

Worker [Section 2(L)]

 
 
Worker means a person employed directly or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process or in cleaning any part of the machinery or premises used for a manufacturing process or in any other kind of work incidental to, or connected within the manufacturing process, or the subject of the manufacturing process but does not include any member of the armed forces of the Union [Section 2 (1)].
 
In order to term a person as a worker, there must be employer – employee relationship. That is, the employer must not only be in a position to direct what work the employee should do but also how the work has to be done by him.

 
 

 

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