I don't know what prompted you to post such a query. Is it the product or the process or the scale of production or the place of production or the number of workers to be employed or the purpose for which such products are to be used?
Producing cadmium and lithium ion batteries is certainly a "manufacturing process" as defined u/s 2(k) of the Factories Act,1948.
If any place where any manufacturing process is carried on by employing 10 are more workers with the aid of power or 20 or more workers without the aid of power, such place is a "factory" as defined u/s 2(m) of the Factories Act,1948.
Approval of plans, registration and licensing of such places to be used as a factory is a must u/s 6 of the Act if the above two conditions are satisfied.
Better make enquiries with the Office of the Inspector of Factories for your area.
6th February 2018 From India, Salem
I have seen a factory at ambala cant, industrial area, haryana, where a factory is manufacturing nickel cadmium battery, lithium ion battery and other types of batteries. They have about 40+ workers. They have office cum production unit at ground floor, residence at first floor and production unit at second floor. They have applied for factory licence since year 1994 to year 2017. They have paid licence fees honestly. But the firm has not been granted factory act licence by the competent authority. One reason quoted was competent authority is excepting beyond the limits of the firm. Thus it is awaited.
Under above circumstances i had posted earlier query. Thus i wish to know what reasons are making the authorities to restrain from issuing factory act licence? Without which can one continue manufacturing above batteries and supplying to various departments & agencies in india and abroad? What will be repecursions? Can factory be at groun and second floors and residence at first floor of the same building? Can the bond room or secure room for storing finished products at first and or second floor or is that the same to be at ground? These may be answered in reference to factory act please.
6th February 2018 From India, Delhi
It may not be nice to field certain types of counter-questions as a reply. However, the antecedents described in the question may, at times, compel the respondent to pose such counter questions in order to answer the questioner rather than the mere question. The elaborate details furnished by you subsequently give me an impression that you are in some way or other connected with the issue. Also, your drafts indicate that you are a knowledgeable person who need not be briefed about the consequences of violating the basic provisions of an important Law like the Factories Act,1948. Therefore, it would not be out of context to ask you as how you are interested in this issue - as a manufacturer who was denied plan approval and licence under the Act or a worker employed in that facility or a trade union leader representing the workers employed therein or a social activist skeptical about the hazards in the manufacturing process?
Coming to the question of non-grant of licence to the premises in spite of submission of applications right from 1994 to 2017. Please, ensure whether the application for approval of plan, permission for construction and requiring registration and grant of licence as per Sec.6(1) of the Factories Act,1948 r.w the relevant State Rules was sent by registered post and was rejected by the concerned authority.
If no order was communicated by the concerned authority within three months from the date it was received, Sec.6(2) of the Act provides for what is called as "automatic approval " or deemed approval in which case you can not be proceeded u/s 92 of the Act for penal action. Why didn't the owner/occupier move the High Court of the State for giving direction to the authority so far?
It is also important whether you have got clearances from the Pollution Control Board and Local Body for using the particular premises for the manufacture of the above batteries whose toxic effluents require safe disposal.
7th February 2018 From India, Salem