Applicability Of Factories Act,1948

Dear All,
An organisation being a charitable institution having tourist hostel in which they have dinning facility for their guest i.e. dinning hall in which they provide lunch or dinner.
All the food is cooked in the kichen overthere.
whether Factories act, 1948 would be applicable for the payement of overtime to employees working in that division?
If not then which act would be applicable for the payment of overtime?
Please help me out as soon as possible.
Regards
Praveen

Depending upon the business being transacted, the Tourist Hotel may be covered under either Shops and Establishments Act or Factories Act. It is immaterial if the firm is registered as charitable institution. The objective of hotel operation shall only be deemed as profit making. Therefore, overtime wages shall have to be paid to the employees employed in the hotel.
Regards,
Madhu.T.K

Dear Parveen,
according to your version you are to be covered under State Shops Act. Plz apply for Shop Act registrarion to the area Shop Inspector. O T payment is also to be given as this Act.
regards,
R.N.Khola
Sr.Associate
Skylark Associates, Gurgaon

hai friends,
plz tell me, my company is Laboratory nature of business is testing chemicals and all sample testing in my laboratory and also analytical research .
my qustione is this laboratory is coming which Act ?
1. Factories Act.
2. Shops & Establishment act.
registered under which Act
regards
pratap
mail to pratap_pudota@ yahoo.com

For charitable work no wages is paid and hence there is no question of any minimum wages. However, if the charitable institution is running a business and the kind of activity is included as a scheduled employment under the Minimum Wages Act, then you will have to follow that.
A laboratory is not carrying out any manufacturing process and, therefore, will not fall under Factory but will be covered by Shops and Commercial Establishments Act.
Regards,
Madhu.T.K

Dear Madhu
In context of what has been posted , i would like to bring it to your kind notic that in the face although a laboratory may not sound like a manufacturing process. Having said this, i would kindly request you to pay attention to the defination of MANUFACTURING PROCESS in the Factories Act, 1948.
As per the act and the defination stated in it, testing is also deemed to be a part of manufacturing process.
So a laboratory must fall under the factories act, 1948

Greeting of the Day!!!
As per Labour Act, employer must be pay for over time.
My question is - Is it applicable only on workers or it can cover also managment part?
I mean of managment here those are jounier level.
Thanks
Parmod

Dear Parmod,
Plz go through the definition of the worker under the Labour Act which allows us to have OT to workers to see whether the junior level management staff is also entitle to have OT payment.
R.N.Khola

http://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Implemented/Summary+of+the+Acts+Implemented/The+Factories+Act-1948

As per above site of Government of India, applicability of factory act 1948 is defined as follows:
It applies to factories covered under the Factories Act, 1948. The industries in which ten (10) or more than ten workers are employed on any day of the preceeding twelve months and are engaged in manufacturing process being carried out with the aid of power or twenty or more than twenty workers are employed in manufacturing process being carried out without the aid of power, are covered under the provisions of this Act.

The query is : Does the factory act applicable to Sewage Pumping Stations? This is because there isn't any manufacturing process within the pumping station limit. At one hand, Station collects sewage and simply pumps it towards treatment plants. Therefore, substance both at input and output are same (sewage) and as it does not change its characteristics, I think this can not be accounted as manufacturing process.

It's a humble request to provide expert views from the people in and out of this field