It contains law relating to the rules and regulation of labour employed in factories in India that were embodied in the Factories Act, 1934. The Apex Court held that the word premises is a generic term that means an open land or any land with buildings or buildings alone. It represents 27% of the total workforce employed in factories submitting returns. Wood and wood products, furniture and fixtures, 4. definition even transporting, washing, cleaning, oiling and packing which do THE FACTORIES ACT, 1948 ACT NO. Section 1. The Factories Act, 1934, was several times, amended and then the new Act of 1948 was passed. There were not a single adolescent or child worker engaged in factories manufacturing chemicals and chemical products employing the largest number of workers 9204 including 2259 female workers. The definition of manufacturing process is exhaustive. The first formation Factories Act 1948 was initiated in 1881. Manufacturing of basic Metals and Alloys cover about 7.9% of the total man-days worked, out of which about 90% are male workers. Processing edible nuts (cashew nuts) factories (138 nos.) Sarin , 1980, Lab IC 100. (k) "manufacturing process" means any process for. The Factories Act, 1948 is a social legislation which has been enacted for occupational safety, health and welfare of workers at work places. Manufacturing Process - SlideShare As per the provisions of the Act, a manufacturing unit is to be registered if manufacturing process is carried on with the aid of power and 10 or more persons are employed or manufacturing process is carried on without the aid of power and 20 or more persons are employed. The Factories Act applies to any factory wherein 10 or more workers are employed or were employed on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried out with the aid of power. Introduction. 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). Domicile of Choice in Private International Law, The trade unions act 1926.ppt final presentation.ues, Complete Notes on The Trade Union Act, 1926, Factories Act,1948 (5) Working Hours of Adult, Code of civil procedure 1908 decree, order, Classification of cause of action / characterisation, Lecture Meeting on Recent Controversial Judgments on CENVAT Credit, No.13 article. The Act lays down that every factory shall keep the premises clean, with provisions for disposal of waste and effluents, proper ventilation and maintenance of temperature, and prevention of dust fumes. judged on its own facts regard being had to the nature of the process No manufacturing process was held to take place either in the sub-stations or in the zonal stations of the Delhi Electricity Supply Undertaking, because the workmen employed therein have no part in any manufacturing process. 63 OF 1948. All about the Factories Act 1948 in India - Enterslice Manufacture of Transport equipments and its parts is the second higher figure with 10.9% of the total employment. Chintamanroa v.s.of m.p, Molding and reworking of raw cinematography film into a finished product. 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. Supreme Court To Examine Whether Laundry Business Comes Within The Ambit Of The Factories Act, 1948 Sohini Chowdhury 12 March 2022 11:53 AM GMT 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. Stitching old gunny bags and making them fit for use. Preparation of soap in soap works. Paper paper products printing, publishing, 8. breaking up, adaption, packing, with a view to transport to companys main required to be done in a factory under the provisions of this Act having regard to- (i) the qualifications and experience of the . Receiving products in bulk, in packing and packing as per clients The definition of Factory is given in section 2(m) of the Factories Act,1948. When expanded it provides a list of search options that will switch the search inputs to match the current selection. (m) "factory" means any premises including the precincts thereof. Therefore, aspiring business owners must understand the terminology and essential definitions that may affect their business. Manufacture of cotton textiles was the second largest (about 11%) industry contributing to total manhours worked in factories submitting returns. pumping oil, water or sewage or any other substance; or Similarly, the State Government is also empowered to declare any operation or process as dangerous, if in its opinion the process or operation has a potential to cause a serious bodily injury, poisoning or diseases to persons exposed to such operation or processes. Almost 58% of these mandays were contributed by manufacture of veneer sheets, plywood and their product, industry. 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. . Explanation: For the purpose of this section Owner shall include a lesser or mortgagee with possession of the premises. constituted a major part of total food product factories. Everything that is necessary before or after 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. Transport Equipment and Parts accounts for next highest man-hours and is about 16% of the total man-hours, out of which 90% is covered by male workers. The word including; is not restricted to the word premises but enlarges its scope. Manufacture of non-metallic mineral products accounted for more than 7% of the total mandays worked. Protection to persons acting under this Act. Click here New licensed and registered factories were 53 during the year under study and factories removed from the register were 17, thus total number of factories on the register as on 31-12-2000 were 632. 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. Provisions for weekly holidays, for compensatory holidays, and proper intervals for rest are a must. (ii) A manufacturing process should be carried on, (iii) Work should be carried on in precincts. 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. Manufacturing Process. The upper tier requirements pertain to submission of Safety Report and conducting Safety Audit. The break-up of factories submitted annual return for the year 2000 in some of the major industrial sector is given in the following table>. not the article or substance to which Section 2(k)(i) has referred. The Factories Act,1948, and Model Rules and Notifications - greytHR The latter half of the nineteenth century heralded the growth of large-scale industry in the country, and there was a need to regulate the working conditions in factories. Act, 1948. not manufacturing Adult workers are not allowed to work in a factory for more than 48 hours in any given week. There are total 263010 male (comprising of 22064 adolescents) and 221575 female (3219 adolescent) workers in factories submitting completed annual returns. (6) Breaking up of boulders is a manufacturing process as decided in case of Larsen & Toubro /vs/ state of Orissa , 1992 Lab IC 1513 (Orissa- Divisional Bench). Non-metallic mineral products with 102332 persons employed contributes 21% to the total workforce, comprising of 46717 female workers. 35/89-Lab/G dated 12th June 1989, Salient Features of The Factories Act, 1948, List of Industries involving hazardous process under Section 2 (cb) of the Factories Act, 1948, Copyright 2018 - All Rights Reserved - Official website of Labour Department, Government of Puducherry, India Manufacturing of Electricals and Electronic Machinery and Parts occupies the next place and has accounted 8% of the total man-days worked. These include provisions for a well-maintained canteen, rest and recreation facilities, housing, and all other services that contribute to the welfare of the workers. case it was observed that manufacturing process merely refers to particular As on 31.12.1998 there were 17124 registered factories, including 11932 units notified as factories by State Government. Further referring to the definition stated in section 2(m) of the Factories Act,1948, which is discussed earlier, it can be inferred, that the following ingredients are mandatory to constitute a premises as factory which are as follows: - (i) If the premises is using power or working without the aid of power , the number of workers required to constitute a factory differ as follows (a) with the aid of power 10 or more workers, (b) without the aid of power 20 or more workers. The objective of the Act is to regulate the conditions of work in manufacturing establishments coming within the definition of the term 'factory' as used in the Act. 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%). 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. A contradictory judgement was passed by Bombay High Court and it has laid down in the definition of manufacturing process, that , in this definition , each of the words have got independent meaning which itself constitutes the manufacturing process. The manhours worked (in millions) in major manufacturing activities in the state are given in Table - 7. As per the provisions of the Act, a manufacturing unit is to be registered if manufacturing process is carried on with the aid of power and 10 or more persons are employed or manufacturing process is carried on without the aid of power and 20 or more persons are employed. It represents 24.80% of the total workforce employed in the factories submitting returns. But, the mere fact that the power is used in the premises is not sufficient, but power must be used in the aid of manufacturing process. In the event that the contravention continues after conviction, a further fine of one thousand rupees for each day on which the contravention is so continued is imposed. no other process preceding or succeeding the marking of the impression on manufacturing process. The Act sets forth provisions to control the working hours of the workers. Section 85(2) in The Factories Act, 1948 - Indian Kanoon It covers units those registered under the Factories Act, 1948 as well as those not registered. Finished goods and packing thereof: F. Hare v. State AIR 1955, 2710. Definition of Factory under Factories Act 1948 Shubhangi Jain 01 Sep, 2022 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. Manufacture of aerated water and processes incidental thereto, Emulsifier, textile auxiliaries, leather, chemicals, surfactants, paper, chemicals, Manufacturing activities covered under Factories Act 1948. So a sub-station where only transforming and transmitting of power is done is not covered. All Rights Reserved. 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. photogravure or other similar process, or book-binding; or The major industry-wise break-up of total mandays into male and female workers worked is given in the following table>. meaning which itself constitutes manufacturing process. In number of factories there are more than one shift working. The definition is artificially projected beyond the scope i.e. Of these almost 42% (55436) are employed in fish processing factories with a large number (53435) of female workers. 118. The first Act, in India, relating to the subject was passed in 1881. The Factories Act 1948. [Section 2(k)] The term High-Value Crops with regard to the clause means and includes , Mobile Unit belonging to armed forces of Union of India. The author can be reached at: shastree85@legalserviceindia.com, Submit your Article by using our online form This article discusses the Definition of a Factory under Factories Act 1948[1] to provide clarity about the essential elements of a factory as per the statute and help to avoid any confusion in this regard. begins its existence so long as there has been an indisputable transformation of In Basic chemicals and chemical products, almost 21% of the total man-days are worked by women, while only 3% of the man-days are worked by women in Transport Equipment and Parts manufacturing industry. Act, 1948. . 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 of dangerous in nature by the State Government. The industry-wise break-up is given in Table - 4. 155). 4.2.1 Number of Units : In the State of Goa, there are units which are only carrying on hazardous processes. Non-metallic mineral product contributed only 5.46% of the total manhours. She is particularly interested in legal research and writing and wishes to utilize her knowledge to create informative legal content. Green House engaged in the activity of pomology, floriculture or high-value crops. . Topic :Core interpretation of Manufacturing process sec 2k of Factories Act 1948, Section 2(k) within the Factories Act, 1948, (k) manufacturing process means any process for, Some of the methods which are held to be the manufacturing process are as follow Decision./ Judgment, Interpretations of producing process are hard because if we neutralize literal way than most classical judgment on the manufacturing process of honorable court alter the definition of sec 2kSo sec 2k needs core interpretation I strict interpretation, Previous Article-What is factory | Definition of factory | Deemed factory (as per factories act 1948), Our next article on sec 2(I) of factories act 1948 I.e worker, What is factory | Definition of factory | Deemed factory (as per factories act 1948), HR Generalist Practical Training- Online | Classroom, HR Labour Law Practical Training with Case Studies Online | Classroom, Free HR Job Portal for HR Hiring | HR Vacancy, Click here to join telegram channel- get regular HR-IR updates & HR Jobs, Making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, ending, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal, Pumping oil, water, sewage or the other substance; or, Generating, transforming or transmitting power; or, Composing types for printing, printing by letterpress, lithography, photogravure or other similar process or bookbinding;] 4 [or], Constructing, reconstructing, repairing, refitting, finishing or ending ships or vessels; 4 [or] 4[(vi) preserving or storing any article in cold storage;], Making of bodies. 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. (k) "manufacturing process" means any process for. Tyres and tubes for motor vehicles and tractors, Electricals and electronic machinery and parts. 3. c. 66) . Section 2 (k) in The Factories Act, 1948. Therefore, salt works fall within the meaning of the word premises used in the definition in Section 2(m). DCL, Karimnagar What is a factory? A manufacturing process under the Factories Act 1948 is defined as any process relating to the following activities: Altering, repairing, ornamenting finishing, packing, oiling, washing, clean, break up, demolish, or otherwise treating article or substance for its use, sale, transport, delivery or disposal; or The Cotton Mills and Factories Act 1819 (59 Geo. Manufacturing of basic metals and alloys has the third highest employment of workers 2653 out of which 2482 are male workers. business carried on and does not necessarily refer to the production of some / Supreme Court To Examine Whether. 4.1.1 In the beginning of the year 2000, there were 596 factories on register. The male workers dominate and cover 96.4% of the total man-days worked. It covers units those registered under the Factories Act, 1948 as well as those not registered. ships or vessels; or The man-hours worked (in million) in major manufacturing activities in the state are given in the following table. Factory in The Factories act,1948 - Legal Services India PDF THE FACTORIES ACT, 1948 - India Code What is the definition of Factories under the Factories Act? 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 constitutes 7.1% of the total workforce employed. Read our Article: All about the Factories Act, 1948 in India. 4.1 As on 31-12-2000, there were 632 registered factories. Manufacture of refractory products and structural clay products including building bricks is the single largest industry as per the annual returns received from various factories in the State. Therefore, only these 2900 factories are considered for subsequent analysis. The provisions of the Act require every factory coming under the purview of the Act to protect the health of the workers. with view to its subsequent use for sale. Young people should not operate such machines. It extended the age limits for the medical examination of persons entering factory employment, while also including male workers in the regulations for . article must become commercially known as something different from (4) The business of sale of diesel oil, motor spirit, lubricant, servicing of cars and lorries, repairing vehicles and charging batteries with the aid of power, by employing more than 20 workers / labourers amount to manufacturing process, as noted in the case of Baranagar Service Station /vs/ E.S.I Corporation (1987) 1 L.L.N 912(Cal)(Divisional Bench).& Lab I.C. manufacturing process. The number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or. Factories Act 1948 does not refer to employee or define an employee but refers to only a worker under Sec.2 (l). 1.1If it is a firm or other association of individuals any one of the individual partners or members thereof shall be deemed to be the occupier. In another marketable. 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. In the factories Act,1948, according to section 2(k) defines manufacturing process as:- Manufacturing process means process for (i) Making, altering, repairing, oiling, washing, cleaning, ornamenting, finishing, packing, breaking up, or otherwise treating or adapting any article or substance with a view to its use, sale transport, delivery or disposal, or (ii) Pumping oil, water, sewage or any other substance or, (iii) Generating, transforming or transmitting, power, or (iv) Composing types for printing the letter press, lithography, photogravure, or other similar process or book binding, or (v) Constructing, re-constructing, repairing, refitting, or breaking up of ships or vessels ; or (vi) Preserving or storing any articles in cold storage; In this regard it becomes necessary to discuss some special circumstances that came up in some court cases : (1) Preparation of food with aid of various electrical appliances in kitchen of a hotel is a manufacturing process: As decided in the case of Poona Industrial Hotel /v/s I.C. 63 OF 1948 1* [23rd September, 1948.] In the State of Kerala once a factory is registered it is considered as working factory till its name is removed from the list of registered factories. 1.3In the case of a factory owned or controlled by the Central Government, or any state government, or any local authority, then the person or persons appointed to manage the affairs of the factory shall be deemed to be the occupier. She has prior experience in corporate and criminal litigation and has great drafting skills. In edible nut processing 93% manhours were contributed by female workers which is highest by any industry norm in the state. 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. 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. 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. Manufacturing activities covered under Factories Act 1948 Handlooms accounted for 61% where textile mills accounted for 26% of the manhours worked. The details of employment in hazardous units are given in Table - 8. However employment of women workers in cashew factories is very high i.e. Definition of Factory under Factories Act 1948 - Enterslice manufacturing processes: Sufficient spittoons have to be placed in convenient places and they have to be maintained in a clean and hygienic condition. All About the Factories Act 1948 The Factory Act 1934 was passed, replacing all previous laws related to factories. a view to its sale. 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. An illustrative analysis of the definition of 'Factory' in The Factories Act, 1948 The industry-wise break-up is given in the following table. Rubber, Plastic, Petroleum and Coal Products accounts for about 9.5% man-hours, out of which about 95% is covered by male workers. Repair of capital goods contributed more than 5% of the total mandays. each particular case. The manufacturing is the second largest economic sectors in the State of Kerala contributing 13.66% to the state income. The Factories FACULTY OF LAW. Each of the words in the definition has got independent Provisions regarding night shifts, overlapping of shifts, and extra wages for overtime are also provided through this Act. Manufacture of wood products represent 19% (90961) of the workforce. For any query regarding this website, please contact the web information manager: Dr. A. Muthamma (Labour Commissioner), E-mail ID: lc[at]py[dot]gov[dot]in, Contact no: +91-413-2279211, Under Section 85 of the act, the state government has been vested with the powers to apply the act to certain premises wherein, Page last updated date : 30-Jun-2023 12:47 pm, - Primary Metallurgical Industries, namely, size, lead, copper, manganese and aluminium, - Castings and forgings including cleaning or smoothing / roughening by sand and shot blasting, - Fuel Gases (Including Coal Gas, Producer Gas, Water Gas), - Portland Cement ( including slag cement, puzzolona cement and their products), - Coke Oven By-products and Coal tar distillation products, - Industrial Gases (nitrogen, oxygen, acetylene, argon, carbon dioxide, hydrogen, sulphur dioxide, nitrous oxide halogenated hydrocarbon, - Electrochemical (metallic sodium, potassium and magnesium, chlorates, per chlorates and peroxides), - Electro thermal produces (artificial abrasive, calcium carbide), - Nitrogenous Compounds (cyanides, cyanamides, and other nitrogenous compounds), - Halogens and Halogenated compounds (Chlorine, Fluorine, Bromine and Iodine), - Explosives (including industrial explosives and detonators and fuses) - Hazardous Manufacture and Process, On-line Shops, Catering & Motor Transport Establishment Registration/Renewal, Online Registration of Building and Other Construction Establishments, Online intimation of Form-VI for National and Festival Holidays (Establishments other than Factories), Online Application for License/renewal under the Contract Labour (Regulation & Abolition) Act 1970 for Engagement in Factories, Intimation of National and Festival Holidays in Form V or Intimation for working on a Festival Holiday in Form VI by Factories under the Puducherry Industrial Establishments(National And Festival Holidays) Act,1964, Proforma for Details regarding Migrant Workers Employed through contractors, FINAL NOTIFICATIONS UNDER MINIMUM WAGES ACT, 1948, FIRMS - Factories Fees - Online Payment through GRAS - Guidelines, FIRMS - Boilers Fees - Online Payment through GRAS - Guidelines, Financial Assistance for building construction workers, Gazette Notification/Circulars and Orders, CIFB-Cancellation of Licence No.PVC-884 in respect of M/s.Gothi Implex , Puducherry under Factories Act, 1948 and De-registration, CIFB-Cancellation of Licence No.PNC-069 in respect of M/s.Avasarala Technologies Limited (Health Care Division)., Puducherry under Factories Act, 1948 and De-registration, CIFB-Cancellation of Licence No.PME-529 in respect of M/s.Azhwar Plastics, Puducherry under Factories Act, 1948 and De-registration, CIFB-Cancellation of Licence No.PME-220 in respect of M/s.Guru Shoe Components & Co., Puducherry under Factories Act, 1948 and De-registration, Directorate of Training - Online Admission in ITIs for the Session 2023, CIFB-Cancellation of Licence No.PSE-035 in respect of M/s.S&S Power Switchgear Equipment Limited, Puducherry under Factories Act, 1948 and De-registration, Labour Department - Engagement as Consultant (Private Secretary) in the Puducherry Building and other Construction Workers Welfare Board - Application Called for - Reg, CIFB-Cancellation of Licence No.PVC-866 in respect of M/s.JL Royal Max Private Limited, Puducherry under Factories Act, 1948 and De-registration, Labour Department - Constitution of Puducherry Child and Adolescent Labour Rehabilitation Fund Scheme - Orders - Issued, CIFB-Cancellation of Licence No.PVC-763 in respect of M/s.Sri Ragavendra Print N Pack, Konerikuppam Main Road, Koodapakkam Post, Puducherry under Factories Act, 1948 and De-registration, Labour - Hot Weather Season - Preparatory Measures to Minimize Report Heat Wave - Reg, Labour Department - ATS - Revised rate of stipend to the Apprentces engaged unde Apprenticeship Act, 1961 - Reg, Labour department - Amendment to Recruitment Rules for the post of Employment Information Assistant - Comments Requested - Reg, CIFB - Mandating submisison of Intimation of National and Festival Holidays through online mode - Orders Issued, Mandating submisison of Application for Registration/Amendment of Estt under Contract Labour Act and Inter-State Migrant Workmen Act - Orders Issued, Chief Inspectorate of Factories and Boilers, Puducherry, Status Report on National Apprenticeship Promotion Scheme, whereon 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. 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. manufacturing process.
Differences Between Doctors And Nurses, Words With Nap At The End, Articles M