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Unit 12: The Factories Act, 1948

Provided that:
(i) in the case of a firm or other association of individuals, any one of the individual
partners or members thereof shall be deemed to be the occupier;
(ii) in the case of a company, any one of the directors shall be deemed to be the occupier;

(iii) In the case of a factory owned or controlled by the Central Government or any State
Government, or any local authority, the person or persons appointed to manage the
affairs of the factory by the Central Government, the State Government or the local
authority, as the case may be shall be deemed to be the occupier.
Provided further that in the case of a ship which is being repaired, or on which maintenance
work is being carried out, in a dry dock which is available for hire:
1. The owner of the dock shall be deemed to be the occupier for the purposes of any
matter provided for by or under:
(a) Section 6, Section 7, Section 7-A, Section 7-8, Section 11 or Section 12;
(b) Section 17, in so far as it relates to the providing and maintenance of sufficient
suitable lighting in or around the dock;
2. The owner of the ship or his agent or master or other officer-in-charge of the ship or
any person who contracts with such owner, agent or master or other officer-in-
charge to carry out the repair or maintenance work shall be deemed to be the
occupier for the purpose of any matter provided for by or under Section 13, Section
14, Section 16. In relation to:
(a) The workers employed directly by him or by or through any agency; and
(b) The machinery, plant or premises in use for the purpose of carrying out such
repair or maintenance work by such owner, agent, master or other officer-in-
charge or person.

12.2 Approval, Licencing and Registration of Factories

The factory has got to be approved and registered, after obtaining a licence by the occupier in
accordance with the rules framed by the State Government. 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 affect the environmental conditions
from the evolution or emission of steam, heat or dust or fumes injurious to health. The occupier
is required to submit full building plans, along with necessary particulars of specifications
according to which the building has got to be 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 which the request is made. If no reply is received within the aforesaid period,
the permission is presumed. In case permission is refused, then in that case, the applicant may

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