Hi, if ever you had confusion, why did you go for License, once you have taken the Factory license, it means that you are covered under Factory act. Regards Shekhar
From India, Mumbai
1From India, Mumbai
If the manufacturing process was not started then factories act was not applicable.if it is under construction then u have to fallow the guide lines of BOCW Act and contract Labour Act(If any Contract Labour are there).
Regards,
Ajay Kumar.N
8125 797292
From India, Narsapur
Regards,
Ajay Kumar.N
8125 797292
From India, Narsapur
Dear all, As there are 80 employees working in the premises, what is to be seen is whether any 'manufacturing process' as defined under the Factories Act is being carried out in the premises. The scope of "manufacturing process' as defined under the Act is very wide and practically includes all types of organised industrial activity. Since the factual position regarding the activities being carried out in the premises is not made available , the full answer to the query is unable to be made.
Regards
KK
From India, Bhopal
Regards
KK
From India, Bhopal
dear mr bisht, If the 80 employees are doing work which fit in the definition of manufacturing process, which is quite wide, the act will apply.
From India, Pune
From India, Pune
Mr. Bhuvan,
If the factory is not commissioned and manufacturing process is yet to be started, what the 80 employees are doing, why so many are employed? If the project is under construction, then when will the erection of machinery starts? You can apply for factory licence one month before commissioning of the plant, not earlier. Even after commissioning there are bound to be trial runs, then only actual manufacturing process starts. All these things take lot of time. Why are you in a hurry to implement Factories Act. Unless there is manufacturing process, the Act need not be implemented.
Best of luck.
Joga Rao
From India, Eluru
If the factory is not commissioned and manufacturing process is yet to be started, what the 80 employees are doing, why so many are employed? If the project is under construction, then when will the erection of machinery starts? You can apply for factory licence one month before commissioning of the plant, not earlier. Even after commissioning there are bound to be trial runs, then only actual manufacturing process starts. All these things take lot of time. Why are you in a hurry to implement Factories Act. Unless there is manufacturing process, the Act need not be implemented.
Best of luck.
Joga Rao
From India, Eluru
Dear Sir,
Thanks for your inputs.
Actually we are in gas based power project whose first phase is completed and ready for trial run, but unfortunately due to unavailability of raw material (Natural GAS) it could not. From our side we got all the permission, clearances, NOC, License etc... from the concerned authority at the relevant time. About manpower all 80 employees related to O&M and commercial deptt. who all were hired to operate the plant. Further the availability of GAS is tentative we can’t say when will be the manufacturing process start.
From India, Kashipur
Thanks for your inputs.
Actually we are in gas based power project whose first phase is completed and ready for trial run, but unfortunately due to unavailability of raw material (Natural GAS) it could not. From our side we got all the permission, clearances, NOC, License etc... from the concerned authority at the relevant time. About manpower all 80 employees related to O&M and commercial deptt. who all were hired to operate the plant. Further the availability of GAS is tentative we can’t say when will be the manufacturing process start.
From India, Kashipur
Dear Collegue,
Factories Act definition is clearly addressed that the act is applicable when the manufacturing process is on. In your case even though Factory license is obtained the relevant may not applicable due to manufacturing process is not started.
In my view the act is not applicable. Kindly respond my queries pls.
S Rajasekaran
DGM - HR
From India, Madras
Factories Act definition is clearly addressed that the act is applicable when the manufacturing process is on. In your case even though Factory license is obtained the relevant may not applicable due to manufacturing process is not started.
In my view the act is not applicable. Kindly respond my queries pls.
S Rajasekaran
DGM - HR
From India, Madras
Hi,
As Mr. Bhushan has stated that the factory licence is issued to them it clearly means that the factory is registered under the said act.Therfore it the factory act will be applicable with that effect irrespective of the production activity is on or not.As it is also mentioned that the 80 employees are on role,therefore their compliances will be met as per the factories act and covered under the same.
Thanks
Bijay
From India, Vadodara
As Mr. Bhushan has stated that the factory licence is issued to them it clearly means that the factory is registered under the said act.Therfore it the factory act will be applicable with that effect irrespective of the production activity is on or not.As it is also mentioned that the 80 employees are on role,therefore their compliances will be met as per the factories act and covered under the same.
Thanks
Bijay
From India, Vadodara
Dear all concerns,
No doubt, in this case factory act apply. You have already taken factory license; which is known as " to work as a factory". Either you have started production or not started production; this is not matter.Taking a permisiion to construct a factory or to work a factory has intention for manufacturing activities. If the production is not started, in your annual/half yearly return you have mention that plant is under construction.
Your manpower is also more 80; and in your premises some activities might be going on such as erection, painting, etc. Hence; your said factory is under the perview of factory act.
If; any accident will happens; then you will be trated only as per factory act.
Thanks,
B.K.Sinha
From United Arab Emirates, Abu Dhabi
No doubt, in this case factory act apply. You have already taken factory license; which is known as " to work as a factory". Either you have started production or not started production; this is not matter.Taking a permisiion to construct a factory or to work a factory has intention for manufacturing activities. If the production is not started, in your annual/half yearly return you have mention that plant is under construction.
Your manpower is also more 80; and in your premises some activities might be going on such as erection, painting, etc. Hence; your said factory is under the perview of factory act.
If; any accident will happens; then you will be trated only as per factory act.
Thanks,
B.K.Sinha
From United Arab Emirates, Abu Dhabi
Dear bhuwan .. u are telling that you have 80 workmen are in ur workplace....but ur saying there is no manufacturing process..........
then what the work all these 80 workmen doing ???????
pls refer sec.2 (k) of Factories Act 1948 .....which says Manufacturing Process means process for -
(i)making , altering, repairing, finishing, packing, oiling , washing, cleaning , breaking up , or otherwise treating or adapting any article or substance with a view to its use, sale , transport , delivery , disposal or
(ii) pumping oil , water , sewage , or any other substance or
(iii) generating , transforming , transmitting power or
(iv) composing types for printing or book binding
(v) constructing , reconstructing , repairing , refitting , breaking up of ships or vessels or
(vi) preserving or storing any article in cold storage
if ur so called workmen have been doing any of the above said activity, then it means they have been in a manufacturing process....if they have been in manufacturing process , then ur plant will comes under the factories act as said in sec .2 (m) of the act
From India, Visakhapatnam
then what the work all these 80 workmen doing ???????
pls refer sec.2 (k) of Factories Act 1948 .....which says Manufacturing Process means process for -
(i)making , altering, repairing, finishing, packing, oiling , washing, cleaning , breaking up , or otherwise treating or adapting any article or substance with a view to its use, sale , transport , delivery , disposal or
(ii) pumping oil , water , sewage , or any other substance or
(iii) generating , transforming , transmitting power or
(iv) composing types for printing or book binding
(v) constructing , reconstructing , repairing , refitting , breaking up of ships or vessels or
(vi) preserving or storing any article in cold storage
if ur so called workmen have been doing any of the above said activity, then it means they have been in a manufacturing process....if they have been in manufacturing process , then ur plant will comes under the factories act as said in sec .2 (m) of the act
From India, Visakhapatnam
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
FACTORY ACT 1948.xls
Amendment of factory act MP rules.pdf