In this Act, unless there is anything repugnant in the subject or
context,--
(a) "adult" means a person who has completed his eighteenth year of age;
(b) "adolescent" means a person who has completed his fifteenth year of age
but has not completed his eighteenth year;
1[(bb) "calendar year" means the period of twelve months beginning with the
first day of January in any year;]
(c) "child" means a person who has not completed his fifteenth year of age;
2[(ca) "competent person", in relation to any provision of this Act, means a
person or an institution recognised as such by the Chief Inspector for the
purposes of carrying out tests, examinations and inspections required to be
done in a factory under the provisions of this Act having regard to--
(i) the qualifications and experience of the person and facilities available
at his disposal; or
(ii) the qualifications and experience of the persons employed in such
institution and facilities available therein,
with regard to the conduct of such tests, examinations and inspections, and
more than one person or institution can be recognised as a competent person
in relation to a factory;
(cb) "hazardous process" means any process or activity in relation to an
industry specified in the First Schedule where, unless special care is
taken, raw materials used therein or the intermediate or finished products,
bye-products, wastes or effluents thereof would--
(i) cause material impairment to the health of the persons engaged in or
connected therewith, or
(ii) result in the pollution or the general environment:
Provided that the State Government may, by notification in the Official
Gazette, amend the First Schedule by way of addition, omission or variation
of any industry specified in the said Schedule;]
(d) "young person" means a person who is either a child or an adolescent;
(e) "day" means a period of twenty-four hours beginning at midnight;
(f) "week" means a period of seven days beginning at midnight on Saturday
night or such other night as may be approved in writing for a particular
area by the Chief Inspector of Factories;
(g) "power" means electrical energy, or any other form of energy which is
mechanically transmitted and is not generated by human or animal agency;
(h) "prime mover" means any engine, motor or other appliance which generates
or otherwise provides power;
(i) "transmission machinery" means any shaft, wheel, drum, pulley, system of
pulleys, coupling, clutch, driving belt or other appliance or device by
which the motion of a prime mover is transmitted to or received by any
machinery or appliance;
(j) "machinery" includes prime movers, transmission machinery and all other
appliances whereby power is generated, transformed, transmitted or applied;
(k) "manufacturing process" means any process for--
(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
3[(ii) pumping oil, water, sewage or any other substance; or]
(iii) generating, transforming or transmitting power; or
4[(iv) composing types for printing, printing by letter press, lithography,
photogravure or other similar process or book binding; 5[or]]
(v) constructing, reconstructing, repairing, refitting, finishing or
breaking up ships or vessels; 5[or]
5[(vi) preserving or storing any article in cold storage;]
(l) "worker" means a person 6[employed, directly or by or through any agency
(including a contractor) with or without the knowledge of the 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 5[but
does not include any member of the armed forces of the Union];
(m) "factory" means 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, or
(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,--
but does not include a mine subject to the operation of 7[the Mines Act,
1952 (35 of 1952)], or 8[a mobile mobile unit belonging to the armed forces
of the Union, railway running shed or a hotel, restaurant or eating place].
9[Explanation 10[I]--For computing the number of workers for the purposes of
this clause all the workers in 11[different groups and relays] in a day
shall be taken into account;]
12[Explanation II.--For the purposes of this clause, the mere fact that an
Electronic Data Processing Unit or a Computer Unit is installed in any
premises or part thereof, shall not be construed to make it a factory if no
manufacturing process is being carried on in such premises or part thereof;]
(n) "occupier" of a factory means the person who has ultimate control over
the affairs of the factory 13***.
12[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 Stale Government or the local authority, as the case may be, shall be
deemed to be the occupier:]
9[14[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, 12[section 7A, section 7B,] section 11 or section
12;
(b) section 17, in so far as it relates to the providing and maintenance of
sufficient and suitable lighting in or around the dock;
(c) section 18, section 19, section 42, section 46, section 47 or section
49, in relation to the workers employed on such repair or maintenance;
(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 purposes of any matter provided for by or
under section 13, section 14, section 16 or section 17 (save as otherwise
provided in this proviso) or Chapter IV (except section 27) or section 43,
section 44 or section 45, Chapter VI, Chapter VII, Chapter VIII or Chapter
IX or section 108, section 109 or section 110, 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;
15* * * * *
(p) prescribed means prescribed by rules made by the State Government under
this Act;
16* * * * *
(r) 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 17["group" or "relay"] and each of such periods is called a shift.
STATE AMENDMENT
Maharashtra
Amendment of section 2 of 63 of 1948.--In section 2 of the Factories Act,
1948 (63 of 1948), in its application to the State of Maharashtra
(hereinafter referred to as "the principal Act"), in clause (m),--
(a) in sub-clause (i), after the words "whereon ten or more workers" the
words "or such number of workers as may be specified by the State Government
by notification, from time to time" shall be inserted;
(b) in sub-clause (ii), after the words "whereon twenty or more workers" the
words "or such number of workers as may be specified by the State Government
by notification, from time to time" shall be inserted;
(c) after sub-clause (ii), the following proviso shall be inserted,
namely:--
"Provided that, the number of workers to be specified by the State
Government in sub-clauses (i) and
(ii) shall not exceed twenty and forty workers, respectively.".
[Vide Maharashtra Act 40 of 2015, s. 2].
Ladakh (UT).--
Section 2.--In clause (m),
(i) in sub-clauses (i) for the words "ten or more workers", the words
"twenty or more workers" shall be substituted;
(ii) in sub-clause(ii), for the words "twenty or more workers", the words
"forty or more workers" shall be substituted.
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws)
Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020)..]
Jammu and Kashmir (UT). --
Section 2.--In clause (m), in sub-clauses (i) and (ii), for "ten" and
"twenty", substitute "twenty" and "forty" respectively.
.[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of
Central Laws) Order, 2020, notification No. S.O. 3465(E), dated
(5-10-2020)..]
Uttar Pradesh
Amendment of section 63 of 1948.--In section 2 of the Factories Act, 1948 as
amended in its application to Uttar Pradesh, herein after referred to as
principal Act, in clause (m),--
(i) in sub-clause (i), for the words "ten or more", the words "twenty or
more" shall be substituted;
(ii) in sub-clause (ii), for the words "twenty or more", the words "forty or
more" shall be substituted.
[Vide Uttar Pradesh Act 13 of 2018, s. 2]
Arunachal Pradesh
Amendment of section 2.- In section 2 of the Factories Act, 1948 (Central Act
63 of 1948), as in force in the State of Arunachal Pradesh (hereinafter
referred to as the "principal Act"), in clause (m),--
(i) in sub-clause (i), for the words "ten or more workers" , the words
"twenty or more workers" shall be substituted.
(ii) in sub-clause (ii), for the words "twenty or more workers" the words
"forty or more workers" shall be substituted.
[Vide Arunachal Pradesh Act 6 of 2020, s. 2]
Rajasthan
Amendment of section 2, Central Act No. 63 of 1948.- In section 2 of the
Factories Act, 1948 (Central Act No. 63 of 1948), in its application to the
State of Rajasthan, hereinafter referred to as the principal Act,-
(i) in sub-clause (i) of clause (m), for the existing word ten, the word
twenty shall be substituted; and
(ii) in sub-clause (ii) of clause (m), for the existing word twenty, the
word forty shall be substituted.
[Vide Rajasthan Act 20 of 2014, s. 2]
-------------------------
1. Ins. by Act 25 of 1954, s. 2 (w.e.f. 7-5-1954).
2. Ins. by Act 20 of 1987, s. 2 (w.e.f. 1-12-1987).
3. Subs. by Act 94 of 1976, s. 2, for sub-clause (ii) (w.e.f. 26-10-1976).
4. Subs. by Act 25 of 1954, s. 2, for sub-clause (iv) (w.e.f. 7-5-1954).
5. Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976).
6. Subs. by s. 2, ibid., for employed, directly or through any agency,
whether for wages or not (w.e.f. 26-10-1976).
7. Subs. by Act 25 of 1954, s. 2, for the Indian Mines Act, 1923 (4 of 1923)
(w.e.f. 7-5-1954).
8. Subs. by Act 94 of 1976, s. 2, for a railway running shed (w.e.f.
26-10-1976).
9. Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976).
10. The Explanation renumbered as Explanation I by Act 20 of 1987, s. 2 (w.e.f.
1-12-1987).
11. Subs. by s. 2, ibid., for different relays (w.e.f. 1-12-1987).
12. Ins. by s. 2, ibid. (w.e.f. 1-12-1987).
13. Certain words omitted by s. 2, ibid. (w.e.f. 1-12-1987).
14. Subs. by s. 2, ibid., for Provided that (w.e.f. 1-12-1987).
15. Omitted by s. 2, ibid. (w.e.f. 1-12-1987).
16. Omitted by the A. O. 1950.
17. Subs. by Act 20 of 1987, s. 2, for relay (w.e.f. 1-12-1987,
Section 2 of Factories Act - Interpretation
Section 3 of Factories Act - References to time of day
Section 5 of Factories Act - Power to exempt during public emergency
Section 6 of Factories Act - Approval, licensing and registration of factories
Section 7 of Factories Act - Notice by occupier
Section 7A of Factories Act - General duties of the occupier
Section 8 of Factories Act - Inspectors
Section 9 of Factories Act - Powers of Inspectors
Section 10 of Factories Act - Certifying surgeons