The Factories Act, 1948 - Department of Labour, Government of ...

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For Chief Adviser Factories(M) Copy of letter No. CAF (41) (37), dated the 14th February, 1947 from the Ministryof Labour, New Delhi, to the Chief Adviser of Factories, New Delhi.Subject—Question whether certain establish-ments like Hotel, Restaurants, etc., arefactories under the Factories Act, 1948With reference to your letter CAF/30(5) PIII, dated the 5th October, 1948 on the abovesubject. I am directed to say that the Government of India are advised that the position inregard to the various points raised there in is as follows :—(a) Tailoring Establishment—A tailoring establihsment engaging more than 20 men tostitch clothes is a factory. The counter where clothes are sold would also form part of thefactory unless it is so situated that is cannot be said to be within the premises includingthe precincts of the factory in which tailoring is carried on.(b) Restaurants and Hotels—The preparation of various acticles of food in the kitchen ofa large or restaurant for being consumed on the premises by the residents of, or visitorsto, to hotel or restaurant would be a ‘‘process for making altering ............ or otherwisetreating or adapting any article or substance, with a view to its use, sale or disposal’’ andas such a ‘‘manufacturing process’’ within the definition of the expression in section 2(k)(i) of the Factories Act, 1948, Thus, if the substantial business of a restaurant or hotel isto prepare food from cooking materials and in 20 or more persons are employed in thisprocess then it would be a factory and whether the place where meals are served wouldfrom part of the factory will depend on whether that place is situated within or outise thepremises including the precincts of the factory in which cooking is done.(c) Works in connection with construction of buildings and Roads—The operationsconnected with the construction of buildings and roads can not be brought under theFactories Act. But if the operations including any of the process mentioned in thedefinition of ‘‘A manufacturing process’’ in Section 2 (k) of the Act, e.g., pumpingwater, the definition of ‘‘factory’’ may be attracted if the other conditions in thedefinitions are satisfied.(d) Telegraph and Telephone Establishments(e) Post Officers, and(f) Broadcasting and Transmitting Stations :—These will not come under thepurview of the Act. But repair shops, if any, and battery charging room, etc., in theestablishments will constitute factories.(g) Shops if they form part of any establishment making or repairing any articles :—Sucha shop will also be factory unless it is so situated that it can not be said to be within thepremises including the preciencts of the factory in which articles are made and orrepaired.
(h) Jails :—They are coverd by the provisions of Section 86 of the Act.2. As regards the question whether officers and other staff, besides clerks working in thepremises or the precincts of the factory, will come within the meaning of ‘‘workers’’ asdefined in section 2 (1) of the Act, I am to say that officers and staff working in thepremises or precincts of the factory will be covered by the definition of ‘worker’ if theyotherwise satisfy the requirements of that definition. Attention in this connection isinvited to sub-section (1) of section 64 which shows that but for an exemption conferredby or under the sub-section of provisions of supervision or management or employed in aconfidential capacity in factory. This leads to the inference that these categories ofpersons are also workers.(N) OFFICE OF THE CHIEF ADVISER OFFACTORIES, NEW DELHINO. 1 (5)/57-TECHDATED NEW DELHI, THE 29TH JULY, 1958FromShri N. S. Mankiker, B.Sc. B.E. A.M.I.E.Chief Advisor, Factories.To,The Chief Inspector of Factories,Punjab, Ambala Cantt.Subject—Licensing fee in FactoriesSir,Reference your letter No. ASR/A-27/25363, dated the 21st July, 1958.Since there is no rule in the Punjab Factory Rules, requiring closure of a factory to benotified, it is doubtful if licence fee could be collected from a factory for a particularcalendar year during which the factory did not work although it may have worked duringthe preceding year merely on the plea that the factory had not intiamted closure. Evenafter incorporating a rule regarding intimation of closure of a factory it may not bepossible to collect the licence fee in case the occupies fails to report closure unless aspecific provision is made to the effect that the factory will be presumed to be inoperation until a closure notice has been recieved. If such a specfic provision is notincorporated, the occupier of a factory would be able to prove that the factory was notworking during the particular year. The contravention will then be only in respect of hishaving failed to send the intimation of the closure.Yours faithfully,
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