The section states that the State Government has the power to declare through a notification in the official gazette about the provisions of this Act being applicable to any premises where the manufacturing process is being carried out, provided that: After such declaration, the said premises will be deemed as a factory, its owner as the occupier and any person working therein as a worker. Binwandiwala v . The case law of K.V.V.Sharma AIR , 1953, Mad 269, stated precincts as; a space enclosed by walls or fences. This Act extends to the whole of India, and includes Jammu and Kashmir. Sarin , 1980, Lab IC 100. Manufacture of wood and wood products accounted for about 5% of the total mandays worked. Section 2 (m) in The Factories Act, 1948 - Indian Kanoon Section 2 (k) in The Factories Act, 1948. [section 2(m)]. (2) Selling of petrol or diesel by a petrol dealer or repairing of motor vehicle will not come within the term manufacturing process, as noted in the case of : National Service Centre and Petrol Pump /vs/ E.S.I Corporation , 1983 labI.C. The Act is also applicable to any factory where 20 or more employees are working or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried out without the aid of power. A place solely used for some purpose other than the manufacturing process carried on in a factory or a workshop does not constitute a factory. In the case of Ardeshir vs State of Bombay , AIR 1962, S.C.29, it was held that the word premises is a generic term meaning open land or land with buildings or building alone. In these industries the male workers have covered about 60% of the total man-days worked. Composing is a necessary part of printing process and hence it is a marketable. FACULTY OF LAW. Here male workers are comprising of 10.42% of the total male workforce. There are 55 units manufacturing tyres and tubes, and 83 units manufacturing other rubber products including foam rubber mattresses.. Almost 58% of these mandays were contributed by manufacture of veneer sheets, plywood and their product, industry. The employees, even after not being employed by the owner, are working with the owners permission or under any agreement with the owner in this regard, provided that the manufacturing process is not carried on with the aid of the family. The factories which are carrying on only hazardous process, but not declared as dangerous by the State Government are 320 units only. As on 31.12.1998 there were 17124 registered factories, including 11932 units notified as factories by State Government. Sufficient spittoons have to be placed in convenient places and they have to be maintained in a clean and hygienic condition. Prosecutor, AIR 1970 S.C. 66). manufacturing process. The worker means a person who is 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 any other kind of work incidental to or connected with the manufacturing process, or in cleaning any part of the machinery or premises used for the manufacturing process, or in any other kind of work incidental to or connected with the manufacturing process. 84075 out total of 99305 persons employed. The first formation Factories Act 1948 was initiated in 1881. Even buildings need not have any precincts. 1.2In the case of a company, each of the directors shall be deemed to be the occupier. In deciding whether a particular business is a Section 85(2) in The Factories Act, 1948 - Indian Kanoon The Factories Act, 1948 | Official Website of Labour Department does not require that the process should end in a substance being Manufacturing of Beverages comes to the next place and accounts for about 6.2% of the total, out of which about 78.9% man-days worked is covered by male workers. The details of MAH units storing hazardous chemicals to which upper tier requirements are applicable are given in Table - 12. The Act defines various terms and definitions used in a factory, as well as the responsibilities of various authorities and penalties for violating the Act. A Factory Employing Five Workers Comes Under Factory Act? Act, 1948. been held to be MODEL RULES UNDER THE FACTORIES ACT, 1948 (Corrected up to 31-3-1987) DIRECTORATE GENERAL FACTORY ADVICE SERVICE AND LABOUR INSTITUTES BOMBAY - 400 022. confined to the process by which impression is created on the paper and to FACTORIES ACT, 1948 MODEL RULES UNDER THE - India Code "manufacturing process" means any process for- (i) making, altering, repairing, ornamenting, Section 85 states that, (1) The State Government may, by notification in the official gazette declare that all or any of the provisions of the act shall apply to any place wherein a manufacturing process is carried with or without the aid of power or so is ordinarily carried on , notwithstanding that (i) the number of persons employed therein is than 10, if working with the aid of power and less than 20 without the aid of power , or (ii) the persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner: provided that the manufacturing process is not being carried on only with the aid of his family, (2) After a place is so declared, it shall be deemed to be a factory for the purpose of this Act, and the owner shall be deemed to be the occupier, and any person working therein, a worker. Weaving and finishing of cotton textiles on handlooms contributed 47% of the total mandays worked in cotton textiles and it is followed by cotton, spinning, weaving and processing in mills (36%). . The definition takes in all acts which bring in not Provisions Relating to Hazardous Processes under Factories Act, 1948 A Brief History This was the time when the British were ruling India. The Factories act was incorporated in 1948. judged on its own facts regard being had to the nature of the process (b) The establishment where the manufacturing process is being carried on with the aid of power, a minimum of 10 workers must work in such establishment. Similarly the factories which are carrying on operations declared as dangerous by the State Government but not carrying on any hazardous process, as defined under the Factories Act, 1948, are 36 units. 1. 2 . Manufacturing activities covered under Factories Act 1948 Cotton textiles accounted for more than 7% of the total mandays worked, of which almost 25% of the mandays contributed by women workers who constituted 20% of the workforce in this industry. Handlooms accounted for 61% where textile mills accounted for 26% of the manhours worked. Act, 1948. or precise test can be prescribed for determining the question However, some provisions of the Act do not apply to salt works that include the conversion of seawater into salt in the open. The use of the word including does not indicate that the worked premises must be restricted to the main building and not be taken to cover open land. atmosphere directly due to a manufacturing process: Provided that the introduction of air directly from outside through moistened mats or screens placed in All the workers in different groups and relays in a day shall be taken into account when compiling the number of workers in the unit. Corporation (1973) 26 FLR 19). The mandays worked (in millions) in major manufacturing activities in the state of Goa are given in the following table>, 4.1.4 Man-hours Worked : The total man-hours worked in the factories submitting returns during 2000 were 65.17 millions. meaning which itself constitutes manufacturing process. Articles Already Published in other websites. The expression, premises including precincts does not necessarily mean that the premises must always have precincts. Manufacture of machinery and equipment other than transport equipment accounted for more than 7.5% of the total manhours followed by basic chemicals and chemical products (7.38%) and rubber, plastic, petroleum and coal products (7.25%). There are total 263010 male (comprising of 22064 adolescents) and 221575 female (3219 adolescent) workers in factories submitting completed annual returns. (2) As decided in the case of New Taj Mahal Cafe ltd Mangalore /vs/ Inspector of Factories, Mangalore,(1950) I.LLJ,273. Act, 1948. Almost 37% of mandays in handloom sector were contributed by female workers who constituted 24% of the total workforce, in the sector. 118. The requirements for an Occupational Health Centre (OHC) in - LinkedIn manufacturing process. The break-up of employment for the year 1998 in major industrial sectors is given in Table - 2. The details of factories which are carrying on only hazardous processes but not declared as dangerous by State Government are not available. constitute 4% of the factories submitting returns. (AIR 1969 Mad. In case the contravention of any provisions or any rules results in an accident causing death or serious bodily injury the fine shall not be less than twenty-five thousand rupees in case of death and five thousand rupees in case of an accident causing serious bodily injury. In the State of Kerala total mandays worked in the factories submitting returns during 1998 were 46.33 million. In addition to the above stated definition of Factory; the section 85 of Chapter IX of the Factories Act, 1948, extends the application of the term factory; the Section 85 titled Power to apply the Act to certain premises. Since then, the Factory Act 1948 has been modified and amended multiple times. However, there are only 8 units which are carrying on hazardous processes as well as the operations declared as dangerous by the State Government. It covers units those registered under the Factories Act, 1948 as well as those not registered. Non-metallic mineral product contributed only 5.46% of the total manhours. Note* we only accept Original Articles, we will not accept The definition is quite important and it has been the subject of judicial Act, 1948. not manufacturing Almost 55% of these manhours have been contributed by women workers who constitute 73% of the workforce in this category of factories. Business Law - Factories Act - Online Tutorials Library Each case must be Section 1. Workers are the backbone of the industrial sector, and their safety and welfare are critical for industrial growth. Out of above 34 MAH units, one unit manufacturing electric lamp is closed since October 1998. Every individual or entity engaged in the manufacturing process must set up a factory to carry out such process together with adhering to the Factory Compliance prescribed by the Factories Act 1948 to avoid any penalties in respect of the same. The author can be reached at: shastree85@legalserviceindia.com, Submit your Article by using our online form Concept of Factory, Worker, Occupier and Manufacturing Process Process of Licensing and Registration of Factories. It has been amended from time to time but the main framework remained the same. Therefore for subsequent analysis in following paragraphs, information pertaining to this unit is not considered. The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 framed under the Environment (Protection) Act 1986 provides for hazardous installations according to level of hazards involved. Every worker who has worked for a period of 240 days or more in a factory during the calendar year shall be entitled to leave with wages for one day for each twenty-days in the subsequent year. Only the use of power on the premises is insufficient, but power must also be used to aid the manufacturing process. (2) It extends to the whole of India (3) It shall come into force on the 1st day of April, 1949. The health of the worker finds a prominent mention in the Act. The object of the Factories Act is to regulate the conditions of work in manufacturing establishments coming within the definition of the term "factory" as used in the Act. PDF THE FACTORIES ACT, 1948 - India Code substance by the use of machinery and transformed substance is commercially i.e. The Factories Act was incorporated in the year 1948 with objectives of regulating the working conditions in factories, regulating health, safety, welfare, and annual leave of factory workers to ensure adequate safety measures of workers employed in factories. The Act has provisions regarding the entitlement of annual leave with wages to each worker. making, altering, repairing, ornamenting, finishing, packing, oiling, washing, This committee will be responsible for suggesting the location of the factory which includes hazardous process. of workers employed therein are more than 10 working with the aid of power and less than 20 working otherwise. The definition is artificially projected beyond the scope despatched to the factory. v. ESIC, 1992 LAB IC 2029 Bom.). The Factories Act, 1948 is more comprehensive than all the previously enacted Factories Acts, and lays down the conditions for the employment of young persons, women and children and also focuses on annual leave entitlements of the workers. Ms. No. It was passed with the intention of safeguarding the health of workers. and when by the process of tracing or adapting, after the sound are Under the provisions of the Central Act and under Special notifications issued by the State Government some of the factories are exempted from submission of annual returns and therefore during the 1998, only 3098 factories submitted annual return. v. Indian Railway Construction Co. Ltd.). The use of the word including, therefore doesnot indicate that the word premises must be restricted to main building and not to be taken to cover open land as well. Act, 1948. of Bidies. Work of garbling of pepper or curing ginger. The factories which are carrying on only hazardous process, but not declared as dangerous by the State Government are 320 units only. Adult workers are not allowed to work in a factory for more than 48 hours in any given week. . An occupier needs to comply with such provisions of the Act which applies to the factory he is working, hence, salt works should come within the meaning of the word premises used in the definition in section 2(m). What is the definition of Factories under the Factories Act? * including 20183 male adolescent workers. interpretation in large number of cases: It covers units those registered under the Factories Act, 1948 as well as those not registered. A factory employing five workers does not come under the purview of factory unless there is a any specific notification by your State Government covering factories employing less than 10 workers using power or 20 workers . Most industries suffer from punitive actions consequential to non-compliance under the concerned legislations due to the lack of clarity about their establishment falling under the ambit of factory under the said Act. Explanation II: For the purpose of this clause, the mere fact that an electronic Data Processing Unit or a computer Unit is installed in any premises or a part thereof, shall not be construed to make it a factory if no manufacturing process is being carried out in such premises or a part thereof. photogravure or other similar process, or book-binding; or Manufacturing is the second largest economic sector in the State of Goa. Out of these 1306 factories are notified factories and 413 are cashew factories. 63 OF 1948 1* [23rd September, 1948.] As per the provisions of the Factories Act, 1948, any unit carrying on manufacturing process which has potential to cause material impairment to the health of the workers or pollution of the general environment, is termed as a unit carrying on hazardous process. 4.1.1 In the beginning of the year 2000, there were 596 factories on register. This was the time when the British were ruling India. The break-up of factories submitting return for the year 1998 in some of the major industrial sectors is given in Table - 1. The Act regulates the working conditions of the workers, especially concerning the health, safety, working conditions, and hazardous processes in factories. no other process preceding or succeeding the marking of the impression on A process employed for purpose of pumping water is Wood and wood products, furniture and fixtures, 4. (P.Natrajan v. E.S.I. ACT NO. The operation of peeling, washing etc., of prawns for putting them in cold Factory Acts - Wikipedia The expression premises including precincts doesnt necessarily mean that premises must always have precincts. "manufacturing process" means any . Electricals and Electronic Machinery and Parts cover next place and accounts for about 8.2% of the total man-hours, out of which 60% accounts for the male workers only. The term High-Value Crops with regard to the clause means and includes , Mobile Unit belonging to armed forces of Union of India. to adaptation of their use for ultimately for laying down railway line (LAB (about 18%). Almost 31% of these mandays were worked in refined petroleum products sector. A mine or a mobile unit belonging to the Armed forces of the country, a railway running room, or a hotel, restaurant, or eatery is not included in this. etc. Average number of persons employed in major industrial activities in the year 2000 is given below: 4.1.3 Man-days Worked: In the State of Goa total mandays worked in the factories submitting annual returns during 2000 were 10.96 (million). For Further Details Contact: It covers units those registered under the Factories Act, 1948 as well as those not registered. Some units are carrying on operations declared as dangerous, but many units are carrying on operations or processes which are of hazardous as well as declared dangerous by the State Government. Rubber, Plastic, Petroleum Coal products, 6. Key Considerations related to Factory under Factories Act, Exclusions from the definition of Factory under Factories Act 1948, Special Provisions regarding the Definition of Factory under Factories Act 1948, Definition of Factory under Factories Act 1948: Judicial Approach, New Taj Mahal Cafe Ltd Mangalore vs Inspector of Factories, Mangalore,(1950) I.LLJ,27, All about the Factories Act, 1948 in India, Duties of Occupier under Factories Act 1948, Where a minimum of 10 workers are working on any day of the preceding 12 months or is ordinarily being carried on, Where at least twenty or more workers are working at present or were working on any day in the previous 12 months and in any part where the manufacturing process is being carried on without any power or aid or is ordinarily being carried on. Paper paper products printing, publishing, 8. Here are the general requirements as per the Act: 1. UNITS AS ON DECEMBER, 2000, 4.3.2 Employment : The details of the employment in MAH units for the year 2000 are given in the following table, Copyright @2019 Content Owned by DGFASLI, Mumbai, Ministry of Labour, Government of India, Dock workers ( Safety, Health and Welfare Regulations, 1990), Guidelines for One Month Certificate course under 41(C)b of the Factories Act,1948, Machinery and equipment (other than transport equipment), Rubber, plastic, petroleum and coal products, Paper and paper products and printing, publishing and allied, Metal products and parts (except machinery and equipment), Rubber, plastics, petroleum & coal products, Paper printing, publishing & allied products, Distilling, rectifying and blending of spirits, Electricals and electrical machinery and parts. Act, 1948. cinema theatre, then such a change would come within the meaning of (PDF) The Factories Act 1948 | Prof. Milan Padariya - Academia.edu About 80% of these man-hours are contributed by male workers only. Similarly factories doing repairing of capital goods cover 11 (1.88%), Wholesale trade in wood, paper and leather items cover 5 (0.8%), Repair of service cover 6 factories (0.9%) and Mining of iron ore cover 7 factories (1.2%). The Factories Explanation I: For computing the number of workers for the purposes of this clause, all the workers in different groups and relays in a day shall be taken into account. Out of these, two factories are manufacturing beverage, tobacco and tobacco products, three factories are manufacturing chemical works, one is manufacturing manipulation of dangerous pesticides, one is manufacturing rubber work and one is engaged in generation of electricity. Manufacture of basic chemicals and chemical products except products of petroleum and coal accounts for about 12% of the mandays worked. of natural meaning of what the words might convey thus covering very vide This definition seems to be confined to defining expanse of term only to textile and its related industry. The details of MAH units storing hazardous chemicals to which middle tier requirements are applicable are given in Table - 11. (k) "manufacturing process" means any process for. The Factories Act, 1948 is a comprehensive piece of legislation covering all aspects relating to factories including approval, licensing and registration of factories, the inspecting authorities under the Act, health, safety, welfare, working hours, employment of adults and young children, annual leave and penaltiesIn section 2 (m), a factory has been defined as any premises including the precincts there of-, Accordingly considering the potentiality of danger involved, this administration have notified 41 manufacturing process to be covered under the Factories Act, 1948 in the year 1989 vide G.O. Other manufacturing industries have occupied 26, i.e. The Act has considerably improved the working conditions in factories and has effectively killed the exploitation of workers, providing them with enough teeth to bargain with employers for better working conditions. A manufacturing process shall be carried out on the premises to be construed as a factory, and the installation of electronic data processing unit or computer unit cannot suffice for the same. processes: Stitching old gunny bags and making them fit for use. According to Section 2 (m) of the Indian Factories Act, 1948 " factory" means, any premises including the precincts thereof where ten or more persons are working in any manufacturing process being carried on with aid of power and where twenty or more workers are working without the aid of power. begins its existence so long as there has been an indisputable transformation of definition even transporting, washing, cleaning, oiling and packing which do 469). commercial notions of the people. Preparation of soap in soap works. The details of employment in 33 MAH units for the year 1998 are given in Table - 10. THE SECOND SCHEDULE. 4.1.2 Employment in Registered Factories: The details of employment of Male and Female workers engaged in factories registered under the Factories Act, 1948 are given in the table>. It represents 24.80% of the total workforce employed in the factories submitting returns. (i) 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 . The details of mandays worked and manhours worked in hazardous factories were not available. Where there are many women workers, crche facilities have to be provided to take care of their children, especially those below the age of 6 years. / Supreme Court To Examine Whether. Under the present ?The Factories So a sub-station where only transforming and transmitting of power is done is not covered. Similarly the details of factories which are carrying on operations declared as dangerous by State Government but not carrying on any hazardous processes as defined under the Factories Act, 1948, are also not available. Manufacture of food products accounts for highest (29%) of the total mandays worked in the factories submitting returns. with view to its subsequent use for sale. The manufacturing is the second largest economic sectors in the State of Kerala contributing 13.66% to the state income. Amendments to the Act followed in the years 1891, 1911, 1922, and 1934 during the British era and once India gained Independence in the year 1947, the Indian Government passed the Factories Act, 1948. composing types for printing, printing by letter-press, lithography, An occupier must comply with such provisions of the Act, which apply to the Factory he is working in. Receiving of news from various sources on a reel in a taleprinter of a For a child worker, the entitlement is one day for every fifteen days worked during the previous calendar year. As per the provisions of the Factories Act, 1948, there is restriction on employment of women, and young persons in the processes or operations declared as dangerous by State Government. In clay product industry almost 31% of mandays worked were contributed by female workers (47%) employed. Section 2 (m) in The Factories Act, 1948. Metal products parts except machinery and, 9. Provisions for weekly holidays, for compensatory holidays, and proper intervals for rest are a must. 3. Processing of edible nuts (mainly cashewnuts) is the largest (about 36%) in terms of total manhours worked in good product sector, followed by processing and blending of tea (32%) and other food products such as spices, paped, etc. She has prior experience in corporate and criminal litigation and has great drafting skills. It represents 27% of the total workforce employed in factories submitting returns. Factories Act 1948 does not refer to employee or define an employee but refers to only a worker under Sec.2 (l). However, in this sector major contribution (74%) came from refractory and clay product sector (mainly building bricks) wherein female workers contributed 35% of the manhours. A process employed for the purpose of pumping water. Repair of capital goods contributed more than 5% of the total mandays. The law was drafted in light of the Royal Commission's recommendations on labour. The special provisions with reference to the definition of Factory are provided in Section 85 of the Act, which discusses the extension of the application of the term Factory.
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manufacturing process under factories act, 1948