Page 56 - DCOM207_LABOUR_LAWS

Unit 4: Factories Act, 1948

l z Machinery includes prime movers, transmission machinery and all other appliances, Notes
whereby power is generated, transformed, transmitted or applied. [Section 2 (j)]
l z Managing Agent has the meaning assigned to it in the Indian Companies Act, 1913 (VII of
1913). [Section 2 (o)]

l z Prescribed means prescribed by rules made by the State Government under this Act.
[Section 2 (p)]
l z Relay and Shift means where work of the same kind is carried out by two or more sets of
workers working during different periods of the day, each of such sets is called a ‘relay’
and each of such period is called ‘shift’. [Section 2 (r)]

Self Assessment

State whether the following statements are true or false:
4. The word ‘premises’ means close land or land with building or building alone.

5. The expression “manufacturing process” has been defined in Section 3(k) to mean any
process.
6. Child means a person, who has not completed his 15th year of age.

4.3 Approval, Licensing and Registration of Factories

The responsibility for getting the premises approved, when the factory is to be established, lies
on the occupier. Under Section, 6 the State Government have been vested with the powers to
frame rules which are to be complied with. Section 4 empowers the State Government to declare
different departments’ or branches of a factory as separate factories, in case a request is made in
writing in this regard by the occupier. But there is no provision to enable two or more factories of
the same occupier being declared as a single factory. The State Governments are also empowered
to exempt any factory or any class of factories from all or any of the provisions of the Act (except
section 67) for a specified period on the conditions notified in case of public emergency, which
means grave emergency whereby the security of India or any part thereof is threatened, whether
by war or external aggression or internal disturbance. Such a notification can be made for 3
months at a time.

4.3.1 Procedure for Approval, Licensing and Registration of Factories

The factory is to be got approved and registered after obtaining a licence by the occupier in
accordance with the rules framed by the State Government in this behalf. The, State Governments
are empowered to frame rules requiring the occupier of a factory for the purposes of this Act
for the submission of plans of any class or description of factories to the Chief Inspector or State
Government and to obtain previous permission of the Chief Inspector of Factories with regard
to site where factory is proposed to be constructed, or extension, in case the factory already
exists. A factory shall not be deemed to be extended by reason only of the replacement of any
plant or machinery if such replacement or addition does not reduce the minimum clear space
required for safe working around the plant or machinery or adversely affects the environmental
conditions from the evolution or emission of steam, heat or dust or flames injurious to health.
The occupier is required to submit full building plans along with necessary particulars of
specifications according to which the building is to be got approved in accordance with the rules.
The registration, obtaining of licence or renewal of licence, as the case may be, is to be done by
the occupier in accordance with the rule by paying the prescribed fees. The permission relating to
site on which the factory is proposed to be constructed or extension to be executed in the existing
factory in accordance with the plan is to be given within 3 months by the authority to whom, the

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