Factory Act

12 December 2016

In this Act, unless there is anything repugnant in the subject or context, ‘adolescent’ means a person who has completed sixteen years but has not completed eighteen years of age,’adult’ means a person who has completed eighteen years of age, ‘child’ means a person who has not completed sixteen years of age,’day’ means a period of twenty-four hours beginning at mid-night, ‘explosive substance’ includes any materials for making any explosive substance; ‘factory’ means any premises including the precincts thereof 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 or without the aid of power, but does not include a mine subject to the operation of the Mines Act.

Power to apply the provisions of this Act to certain places. – (1) The Government may, by notification in the official Gazette, declare that all or any of the provisions of this Act shall apply to any place wherein a manufacturing process is being carried on or is ordinarily carried on whether with or without the use of power whenever five or more workers are working therein or have worked therein on any day of the twelve months immediately preceding.

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(2) A notification under sub-section (1) may be made in respect of any one such place or in respect of any class of such places or generally in respect of all such places. 3) Notwithstanding anything contained in clause (f) of Section 2, a place to which all or any of the provisions of this Act are, for the time being, applicable in pursuance of a declaration under sub-section (l), shall, to the extent to which such provisions are so made applicable but not otherwise, be deemed to be a factory. Section 4. Power to declare departments to be separate factories.

The Government may, by order in writing, direct that the different departments or branches of a specified factory be treated as separate factories for all or any of the purposes of this Act. Section 5. Power to exempt. – The Government may, by notification in the official Gazette, exempt any factory or any class or description of factories from all or any of the provisions of this Act for such period as it may think fit in the public interest: Provided that no such exemption shall be made for a period exceeding six months at a time. Section 6.

Notice to Inspector before commencement of work. – (1) The occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory send to the Chief Inspector a written notice containing the name and situation of the factory,the name and address of the occupier, the address to which communications relating to the factory may be sent,the nature of the manufacturing process – (2) In respect of all factories which come within the scope of this Act for the first time, the occupier shall send a written notice to the Chief Inspector containing particulars specified in sub-section (1) within thirty days from the date of the commencement of this Act.. 3) Before a factory engaged in a manufacturing process, which is ordinarily carried on for less than one hundred and eighty working days in the year, resumes working, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) within thirty days before the date of the commencement of work.

Whenever another person is appointed as Manager, the occupier shall send to the Chief Inspector a written notice of the change, within seven days from the date on which such person assumes charge. (5) During any period for which no person has been designated as Manager of the factory or during which the person so designated does not manage the factory, any person found acting as Manager or if no such person is found, the occupier himself shall be deemed to be the Manager of the factory for the purposes of this Act. Section 7. Seasonal Factory. –

The Government may, by notification in the official Gazette, declare any factory in which manufacturing processes are ordinarily carried on for not more than one hundred and eighty working days in the year and cannot be carried on except during particular seasons or at times dependent on the irregular action of natural forces, to be a seasonal factory for the purposes of this Act. Section 8. Approval of plans and fees for licensing and registration. – (1) The Government may require that previous permission in writing be obtained in the prescribed manner from the Chief Inspector for the construction or extension of any factory or class or description of factories, require registration and licensing of factories or any class or description of factories and payment of fees for such registration and licensing or for the renewal of licences, in the prescribed manner.

If, in accordance with the provisions of sub-section (1) an application for permission accompanied by the plans and specifications is sent to the Chief Inspector and no order is communicated to the applicant within two months from the date of its receipt by the Chief Inspector, the permission applied for in the said application shall be deemed to have been granted. (3) Where the Chief Inspector refuses to grant permission to the said construction or extension of a factory or to registration and licensing of a factory the applicant may, within sixty days of the date of such refusal, appeal to the Government.

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