Page 267 - DCOM404_CORPORATE_LEGAL_FRAMEWORK

Corporate Legal Framework

12.1.2 Definitions

1. Factory
Section 2(m) of the Factories Act, 1948 defines "factory" to mean-
Any premises including the precincts thereof:

(i) 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.

(ii) 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.
It specifically excludes a mine subject to the operation of the 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.
2. Manufacturing Process
The expression "manufacturing process" has been defined in Section 2 (k) to mean any
process-
(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, 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, printing by letter press, lithography, photogravure
or other similar process or book binding; or
3. Worker
Section 2 (I) of the Factories Act, 1948 defines a "worker" to mean-
A person employed, directly or through any agency (including a contractor) with or
without knowledge of 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 with, the
manufacturing process, or the subject of the manufacturing process but does not include
any member of the armed forces of the Union.
Therefore, worker is a person -
(i) who is employed;
(ii) who is employed either directly or through any agency;
(iii) who is employed in any manufacturing process, or in clearing any part of the
machinery or premises used for a manufacturing process or in any other kind of
work, incidental to or connected with the manufacturing process or the subject of
the manufacturing process.
4. Occupier
Section 2 (n) of the Act defines "occupier" of a factory to mean: The person who has
ultimate control over the affairs of the factory.

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