Is Factory Act Applicable In This Case?

Do you have guarantee to get better conclusion from Factory Inspector? How many govt officers you found equipped with knowledge?
Probably you may get a conclusion in your favour if you sphere GANDHI BAPU. Rather, you will definitely get conclusion in you favour with GANDHI BAPU.
Atleast, in Maharashtra, I have not come across even one percent officials from Factory & Labour dept who are cocern with Law.

Please see that as per the definition of Factory in Factories Act the railway running shed or hotel or restaurant or eating place is excluded fro the definition even though power may be used there.In explanation 11 of it says that the mere fact that EDP unit or computer unit is installed in a premise will not make it a factory if no other manufacturing activity is carried on there.
This shows that it is the core activity that determines the manufacturing activity /factory.
As such having a printer will not make the firm a factory unless it is the core activity.This is worth for a test case.
[Login to view]
9961266966

Dear all,
I agree with the remarks of Shri Harsh Mehta, development of designs and its printing falls within the definition of manufacturing under section 2k of the Factories Act 1948. Even the establishments engaged in the computer software development are also covered /cover able in certain States under section 2(m)(1) of the Act.
Regards

In my opinion, preparation of drawings & design is not a manufacturing activity & it would fall under the catagory of service. Factory Act is not apllicable. The case is identical to any IT company, they work with similar infrastructure.
Satish Akut

My dear Anonymous,
You have diverted the mind of the members by mentioing that the said establishment has one big HP indigo printer,which runs occasionally but what I could perceive is that your main activity remains the "development of designs" for which 150 plus employees are engaged.In my opinion, the development of designs is nothing but COMPOSING, which is already covered under the definition of 'manufacturing process' given under Section 2(k) of the Factories Act,1948.Though you have mentioned that the prints are sent to the clients as sample for approval of designs but you have not mentioned what is your next step of activity. I am sure these designs are printed for commercial use. If I am correct, the whole process matches the ingredients of definition under 2(k) of the Act and hence it is the 'manufacturing process.' As such your establishment needs to be registered under the Factories Act.
BS Kalsi
Member since Aug 2011

Then all software companies and Design Offices are to be brought under the purview of Factories Act. The printer, xerox machine, Fax, computers are same category. Factory Act does not apply here.
Pon

Amit Chaudhari,
I didn't claim to be correct in my mail.I gave my opinion/views based on the facts of the query.The members are within their rights to agree or differ with my views.
BS Kalsi
Member since Aug 2011

Sir,
While going through the facts of the case and also the definition of section 2k, Mr. Kalsi is right. The manufacturing process with the aid of power and employing merely 10 employees falls within the preview of the Factories Act.
I totally agree with Mr.Kalsi.
Regards