Dear Seniors,
Our plant is situated in Uttarakhand and is currently under construction, not in production mode due to some reason. We obtained the factory license from the appropriate authority a few months ago. My query is, even though no production or manufacturing activities are taking place, would the factory act still be applicable to us?
Thank you.
From India, Kashipur
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15Our plant is situated in Uttarakhand and is currently under construction, not in production mode due to some reason. We obtained the factory license from the appropriate authority a few months ago. My query is, even though no production or manufacturing activities are taking place, would the factory act still be applicable to us?
Thank you.
From India, Kashipur
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Dear If in your company 10 or more then it employees are working then the factory act must be applicable.
From India, New Delhi
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From India, New Delhi
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Dear Shri Bisht, Since you are yet to start the manufacturing process, the factories Act would not apply to you. Regards KK
From India, Bhopal
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From India, Bhopal
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Dear kk, But they have employees in their company as he is in HR department it means there are some employees are there so cant they apply factory act in it?
From India, New Delhi
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From India, New Delhi
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Dear Mr. Satish & Nair, Thanks a lot for your prompt response. Yes, the manufacturing process is yet to start may be next year or so on..... and the employees strength is 80.
From India, Kashipur
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From India, Kashipur
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"Factory" is defined under Section 2(m) of the Factories Act, 1948 as follows:
Factory means (i) any premises, including precincts thereof, wherein 10 or more workers are employed on any day of the preceding 12 months and a manufacturing process is carried on with the aid of power; or (ii) wherein 20 or more workers are employed on any day of the preceding 12 months and a manufacturing process is carried on with the aid of power.
From India, Madras
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Factory means (i) any premises, including precincts thereof, wherein 10 or more workers are employed on any day of the preceding 12 months and a manufacturing process is carried on with the aid of power; or (ii) wherein 20 or more workers are employed on any day of the preceding 12 months and a manufacturing process is carried on with the aid of power.
From India, Madras
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Factories Act will apply where you have carried out the manufacturing process with 10 or more workmen on any day of the preceding 12 months. So, I think in your case, the Factories Act won't apply. But please check with the above.
From India, Visakhapatnam
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From India, Visakhapatnam
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Dear Sir,
"Factory" is clearly defined in section 2(m) of the "Factories Act 1948," but the applicability of the Act is still unclear. Around 80 employees are working, but no manufacturing process is currently taking place.
From India, Kashipur
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"Factory" is clearly defined in section 2(m) of the "Factories Act 1948," but the applicability of the Act is still unclear. Around 80 employees are working, but no manufacturing process is currently taking place.
From India, Kashipur
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Dear manufacturing does not only mean that some machines are moving in the premises. If it is so, the people sitting at the head office are not doing any manufacturing work. Even then, they are covered under the act. Dear, if your company is registered under the Companies Act and 80 employees are working there, you surely come under the Factory Act. You must follow.
Satish
From India, New Delhi
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Satish
From India, New Delhi
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Dear Satish Ji,
For Head Office/Corporate office/Branch Offices where commercial activities are carried out, the Shop & Establishment Act is applicable, even if there is only one employee or multiple employees working there. Please correct me if I am wrong.
From India, Kashipur
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For Head Office/Corporate office/Branch Offices where commercial activities are carried out, the Shop & Establishment Act is applicable, even if there is only one employee or multiple employees working there. Please correct me if I am wrong.
From India, Kashipur
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