In the amended definition of Factory under Section 2(12), the concepts of 'wages' and 'power' have been deleted. Section 2(12)(a) has been modified, and 2(12)(b) has been deleted. The amended definition reads as follows:
2(12) Factory: "Factory" means any premises, including the precincts thereof, where ten or more persons are employed or were employed on any day of the preceding twelve months and in any part of which a manufacturing process is being carried on or is ordinarily so carried on. However, it does not include a mine subject to the operation of the Mines Act 1952 or a railway running shed.
The effect of this amendment, which came into existence on the 1st day of June 2010, is that premises engaged in a manufacturing process and employing 10 or more persons are now covered under the Act. With the deletion of the word 'wages,' all employees, irrespective of payment of wages, can now be counted for the minimum number of 10. The deletion of the word 'power' and the deletion of clause (b) make all manufacturing units coverable irrespective of the usage of power if they employ 10 or more persons.
With this amendment, a greater number of units are expected to come into the fold of ESI from the 1st of June, 2010.
From India, Hyderabad
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102(12) Factory: "Factory" means any premises, including the precincts thereof, where ten or more persons are employed or were employed on any day of the preceding twelve months and in any part of which a manufacturing process is being carried on or is ordinarily so carried on. However, it does not include a mine subject to the operation of the Mines Act 1952 or a railway running shed.
The effect of this amendment, which came into existence on the 1st day of June 2010, is that premises engaged in a manufacturing process and employing 10 or more persons are now covered under the Act. With the deletion of the word 'wages,' all employees, irrespective of payment of wages, can now be counted for the minimum number of 10. The deletion of the word 'power' and the deletion of clause (b) make all manufacturing units coverable irrespective of the usage of power if they employ 10 or more persons.
With this amendment, a greater number of units are expected to come into the fold of ESI from the 1st of June, 2010.
From India, Hyderabad
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Gratuity Act - Amendment 2010.pdf