Repealed or not in force · As amended up to 2026-08
CHAPTER I
Short title, ex+t and commencement
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C . e . b the 1st - day of April, 1940. Interpretation.-In this ATt, unless there is anytbing repugnant in %he & \ (a) "adult" nleans a persd:i who has completed his eighteenth year of age; ., \ `j` (b) "adolescent" means a who has completed his fifteenth gem ,of age but has not completed
~ C . e . 2. Interpretation.-In subject or context,-
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(c) "child" means a person whohas not completed his fifteenth gear of age ; `1`
(d) "young person" means a perso4 who is either a child or an adoles-, i
,cent;
(6) "day" means a period of iurenty:fQur hours beginningtat midnight; ' (A c'wbekJ',means a period of seven kngs beginning at midnight on Saturday night or such other night as m a q be approved in writing for a pwXicular area by the Chief Inspector of Faqtories; ( ) "power" means elecbrica! energy, 04 any other form of energy whictis mechanically transmitted and is not geherated by human or animal agency ; \ e.
(h) "prin~e mover" means any engine, motor\oy other appliance which generates or othe~twise provides power;
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`(i)` "transmission machinery" means auy shafti wheel, drum, pulley, system of pulleys, coupling, clutch, driSing bell 02% other appliance or . device by which the motion of a prime mover is tranipitted to or received *by any machinery or appliance : %' `1` (,j) ' 'machiiiery ' ' includes prime movers, transmissiop machinery and all other appliances whereby power is generated, t r a n ~ h ~ r n e d , transmittecl or applied;
(k) "manufacturing process" means any process for-- '., '. - ti) mnlring, altering, repairing, ornamenting., finish?^^, packing, coiling, washing, cleaning, )malting up, deinolishing, or other&jse .treating or aclaptiag any article or .substaace~witli a view to its ;use, sale, transport, delivery or,disposnl, or \.
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ia la) pumping oil, water or sewage, or
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aiiii generating, transforming or transwitting power; or
!b ( , )"printing b y letterpress, lithography, photogravure or other similar' work or book-binding, which is carried on by way of trade or for purGoses of gain, or incidentally to another business so ca~ried on; or (v) ~onstructing, reconstracting, repairing, refittin& finishing or breaking up ships or vessels;
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(1) "worker" means a person employed, directly or through any agency, whether for wages or not, in any manufacturing process, or in cleaning any part of the mashinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, t h s manufacturing process, or the subject of the manufacturing process;
(m) "factory"
means any premises including the precincts thereof-
(m) , (i) whereon ten or lnore workers are working, or were working on any day of the preceding twelve moaths, and in any part of which s , manufacturing, process is being carried oil \vith the aid of power, or" it3 ordinarily so carried on, or
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(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 pwer, OF is ordinarily so oarridd on,-
but does not include a mine subject to the operation of the Indian Mines a t , 1923 (IV of 1923), or a railway running shed;
`(72)` "occupier" of a factory means the person who has ultimate control over the affairs of the factory, and where the said affairs are entrusted to n managing agent, such agent.shal1 be deemed to be the occupier of the factory;
( 0 ) "managing agent" has the meaning assigned to it in $he Indian Companies Act, 1913 (VII of 1913);
Companies Act, 1913 (VII of 1913); (p) . Government under this Act; [ (7) 1 F [ - E 9. References to time of day.-In k references to to Indian Standard Time, being five and a half hours ahead of Green& 1 i wich Mean Time: i 1 < ' &a4 (a) specifying the area, (b) defining the local mean
Companies Act, 1913 (VII 1913); - -F= (p) "prescribed" means prescribed by rules made by th% . . Government under this Act;
ent' o - - ' 2 P r o v i m e
(7) where work of the same kind% carried out by Cwo or bore' sets of workers working during different period9 of the day, each .of such sets is called a "rday" and each of such periods is called a "shift".
-, 9. References to time of day.-In this Act references to time 6f day `are` references to to Indian Standard Time, being five and a half hours ahead of Greenwich Mean Time:
Provided that for any area in which Indian Standard Time is not ordinarily - ' &a4 Government may. malie rules-
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(b) defining the local mean time nrdin-zri!y &served thcrei, `sad`
(c) permitting such time t i be observed in a11 or any of the factoriee situated in the area. - - . - - - --
4. Power to declare departments `to` be separate factories.-The &xwk&~l Gevemi-~efit may, by crdcr ic wriiiag, clirect that different ciepnrin~ei~is or branches of a specified factory shall be treated as separate factories fpr au or any of the pui-pcscs of this Act.
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`5.,` Power to exempt during p,ublic emergency.--la any case of public emergency the Pi-ovincial cfovernment mag, by ilotlfication ln the ofticla1 Gazette, irom a11 or am) oi the 1 ~ ; such conclit~olls us it nldy t!:.iilc
Provided t h a t h such notification shall be made for a period exceeding three `I` months a t a time.\
factories,--(l j The Provincial -
6. Approv~l, and registration of
Gavel-ument
(a) requiring' the \revlous perrrilssion in writing 01 t h e Provincial Government or the chi& lnspector to baobtained for the site on which the factory is to'be situated ahd for the collstructiol~ or extension `of` nny ifact012 or class or description of isctorlcs; (b) requiring for the pul: ose of ccnsidering spylicatious ior sucli per- t' -. mission the submission of plaps a3d specifications;
(c) prescribing the nature gf such plans :p~)ld specifications an l whom they shall be certified :
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(d) requiring the registration qild licelising of factories or any class or description of factories, and prescrl nlg the fees payable for such .regiskra- 71: tlon andjicensing ancl for the rene.cv$ of licences;
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(e) requiring that no licerlce shal1,be granted or
renewed unless the
l~otice specified in section 7. has been giSg~.
(2) If on an 'application for . permission re,ferred to in clause (a) of subsection (1) accompanied by the plans and specifications required by the rules made under clause (b) of that sub-section, sent to the - or Chief Inspector by registered qost, no order is c aant within three months from the date on which i , applied for in the said application shall be deemed to (3) Where a -er;iment . . -- or a Chibf Ins permission to the site, constructiorl or extension of a fact - and licensing of a factory, the applicant may ~vithin t was of -the w ~ o v e r n m e n t such refusal appeal to the Central Government if t . . an-Government . . in any other case.
Explanation.-A factory shall not be deemed to be extendecl within tlie meaning of this section by reason o n l ~ of the replacement of anv plant or machinery, or within such limits as may be prescribed oi .the additioil of anv plant or machinery.
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Source: India Code