Factory Act Applicability If No Production/ Manufacturing Activities

ssridevi
dear sir
greetings
I am working in a partnership firm, registered under factory's Act. what all are the registers for staffs & workers details we have to maintain.
Kindly help
sridevi
coimbatore
Tamilnadu
sunil upreti
Dear Sir,

There are different sections into it. Like the definition of Factories and definition of manufacturing process.

1.The definition of "manufacturing process" does not depend upon and is not co-related with any end product being manufactured out of a manufacturing process. It includes even repair, finishing, oiling or cleaning process with a view to its use, sale, transport, delivery or disposal. It cannot be restricted to an activity which may result in manufacturing something or production of a commercially different article. The "manufacturing process" cannot be interpreted in a narrow sense in respect of an act which is meant for the purpose connected with social welfare; M/s Qazi Noorul Hasan Hamid Hussain Petrol Pump v. Deputy Director, Employee's State Insurance Corporation, 2003 LLR 476.

2.The definition of factories is similar as mentioned in above threads.

If your manufacturing process comes under the ambit of any two definitions then Factories act 1948 must be applicable.

Regards

Sunil Upreti
harshal16
dEAR,
iF YOUR FACTORY WAS UNDER CONSTRUCTION, YOU WERE UNDER BUILDING & OTHER CONSTRUCTION WORKERS aCT 1996..bUT, SINCE YOU HAVE A VALID FACTORY LICENSE, IT MEANS NOW YOU ARE COVERED UNDER FACTORIES ACT AND YOU WILL HAVE TO FOLLOW ALL THE PROVISIONS.bUT, Y R YOU SO WORRIED, WHEN THE MANUFACTURING PROCESS IS YET TO START YOU MUST NOT BE HAVING WORKERS OTHER THAN MANAGEMENT STAFF.iN THAT CASE, AS PER DEFINITION OF WORKER UNDER FACTORIES ACT, U MUST NT BE HAVING PPL.. SO YOU HAVE TIME TO FOLLOW ALLL THE PROVISIONS TILL YOU HAVE THOSE WORKERS ...
rajaramesh_16
Dear Sridevi
greetings!!!!!!!!
pls go through this link
https://www.citehr.com/118308-all-ac...liances-3.html
u wl find an excel format file uploaded by mr.rajeev abt the compliance to be maintained with respect to all labor acts including FACTORIES ACT 1948
regards,
raja
rajaramesh_16
Dear Sridevi
greetings!!!!!!!!
pls go through this link
https://www.citehr.com/118308-all-ac...mpliances.html
u wl find an excel format file uploaded by mr.rajeev abt the compliance to be maintained with respect to all labor acts including FACTORIES ACT 1948
regards,
raja
SUDARSHAN KUMAR ARORA
It has been well in the rules of each govt. That provisional licence to be obtained while the factory is under construction stage and the manufacturing process shall start at later stage
boss2966
Dear Bhuvan
For constructing a Factory in any locality one must first get approval from the Factories Department (Inspector of Factories) as per the Factories Act. But during Construction and before commencement of Manufacturing Process, the Factories act will not apply. The Building & Other Construction Workers Act will only apply till the construction activities are on. Once the Manufacturing process is started in that premises then obviously the BOCW Act will cease and Factories Act will apply.
Hope your doubt is cleared. Further any querry please do not hesitate to ask.
Patwardhan Aniruddha
I feel that if the factories license is already obtained and if aleady 80 persons are working in the premises looking after support operations for making the factory ready for manufacturing activities, in that case, initial compliances such as factories returns, attendance cum wages registers, shift timings etc. have to be followed in case of those 80 employees. they should not wait the factory to start the production activities (manufacturing process) in order to start making compliances.
patwardhan
BSSV
The license Authority is not innocent when it has issued the license when you had applied for..... when you have already got the license/in possession of the license, implies that you have fulfilled the requirements to establish as factory or would be considered as factory... Hence no other discussions would fit in for the acts already been done, except the duties as demanded by the license shall be performed in order to retain the same........
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