We have two independent manufacturing unit in one survey No. Both Mfg units have separate management , different product line & Balance sheet, factory license etc. There is no integrity between the two. Both units are separately registered under companies Act and also under Factory Act. However, the access to both the units is common. Employees and vehicles of both units use the same access gate. Therefore I would like to know what is the provision under Factories Rule in this regard. Is there any rule / provision that prohibits common access for two independent units having different Factory license.
Can any one throw light on the above situation. Thanks.
From India, Pune
The basic question is that of functional integrality, meaning whether the two units are closely interlinked but is artificially kept separate or not. As explained by you, both the units are separately registered, managements are distinct, product lines are distinct etc, so it appears to be two independent units. As per Section 4 of the Factories Act 1948, the State Government has powers to declare two or more factories of the occupier shall be treated as single factory. So long as the occupier of the two factories are different they cannot be clubbed together. Since they have been notified to be two factories, it cannot be changed without giving an opportunity to you. Merely because of common entrance two factories cannot be clubbed together. There are cases where more than one factory has the same entrance but for certain statutory facilities like related to health, safety and welfare there has to be due compliance by each unit.
From India, Mumbai
Please read 'Material Outware Notice' in my previous post as material outward Note
From India, Aizawl
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