Dear All,
An establishment engaged in the development of designs, with 150 plus employees, is registered under the S&E Act. The said establishment has one HP Indigo printer, which is large in size. The establishment runs this printer occasionally and not regularly, as and when required. The prints are sent to the clients as samples for approval of designs. This printer is attended to by only one person. The person who attends to this printer is not appointed solely for this task.
Under these circumstances, my question is, whether the provisions of the Factory Act apply to this establishment? I expect a discussion by experts on this subject. If yes, why? And if not, why?
From India, Mumbai
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2636An establishment engaged in the development of designs, with 150 plus employees, is registered under the S&E Act. The said establishment has one HP Indigo printer, which is large in size. The establishment runs this printer occasionally and not regularly, as and when required. The prints are sent to the clients as samples for approval of designs. This printer is attended to by only one person. The person who attends to this printer is not appointed solely for this task.
Under these circumstances, my question is, whether the provisions of the Factory Act apply to this establishment? I expect a discussion by experts on this subject. If yes, why? And if not, why?
From India, Mumbai
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Hi As per my view I thing Factory act will not be applied for your organisation.
From India, Bangalore
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From India, Bangalore
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Hi As per my view I thing Factory act will not be applied for your organisation. but still awaiting for others valuable inputs tooo
From India, Bangalore
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From India, Bangalore
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Dear Queriest,
My view is as follows: The manufacturing process, i.e., printing, is carried out in the premises of the establishment not on a regular basis and seems to be very casual in nature. Hence, the provisions of the Factories Act should not be applied. Please refer to the case of Jain Movie Palace v. State of Bihar 2007 I LLJ 916 (Jhark JC).
One can have a different view here. Experts are requested to comment.
From India, Mumbai
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My view is as follows: The manufacturing process, i.e., printing, is carried out in the premises of the establishment not on a regular basis and seems to be very casual in nature. Hence, the provisions of the Factories Act should not be applied. Please refer to the case of Jain Movie Palace v. State of Bihar 2007 I LLJ 916 (Jhark JC).
One can have a different view here. Experts are requested to comment.
From India, Mumbai
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Dear Keshavji,
The establishment, at the first stage, is registered under the S&E Act, and as such, there are no manufacturing activities carried out in the establishment. Therefore, the Factories Act should not be applied.
Satishkumar
From India, Mumbai
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The establishment, at the first stage, is registered under the S&E Act, and as such, there are no manufacturing activities carried out in the establishment. Therefore, the Factories Act should not be applied.
Satishkumar
From India, Mumbai
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Hi,
The basic premise of the Factories Act is that any raw material brought inside a facility and then modified in terms of shape (resulting in finished goods) or repacked in various sizes or weights using electric and machine power will be considered a factory.
In your specific case, only the laws pertaining to the printing industry will be applicable, as it may fall under the Safety and Environment Act.
Regards,
K R Ravi
Bangalore
From India, Bangalore
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The basic premise of the Factories Act is that any raw material brought inside a facility and then modified in terms of shape (resulting in finished goods) or repacked in various sizes or weights using electric and machine power will be considered a factory.
In your specific case, only the laws pertaining to the printing industry will be applicable, as it may fall under the Safety and Environment Act.
Regards,
K R Ravi
Bangalore
From India, Bangalore
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Dear Sir(s),
In my opinion, the question of the size of the printer, whether it is used occasionally or regularly, or whether the said printer is used by only one person for a very short period, etc., is not so material and not important. The only question is whether the "development of designs" and printing of the same with the help of one HP Printer is a "manufacturing process" as mentioned in section 2(k)(iv) read with section 2(m) of the Factories Act, 1948.
The case of Jain Movie Palace v. State of Bihar as mentioned by Sh. Korgaonkarji perhaps relates to the use of a generator in a cinema hall for use as and when there was no electricity supply, and the honorable court in that case held that the use of the said generator set was not the use of power in the "ordinarily" sense as laid down in section of the Factories Act, 1948 as mentioned above.
In my opinion, the establishment qualifies to be covered as a "factory" under the provisions of the Factories Act, 1948 because the use of power is there for the manufacturing process, i.e., for printing designs, which are (as reported) further sent to clients for approval.
However, if the case is contested in the honorable court, then it can be a matter of new controversy because now with the advancement of science and technology, the printers/printing machines and their process have changed, and automation has taken place. I could not find relevant case law on the use of HP printers as a manufacturing process. Perhaps seniors and experts may also guide on the matter.
From India, Noida
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In my opinion, the question of the size of the printer, whether it is used occasionally or regularly, or whether the said printer is used by only one person for a very short period, etc., is not so material and not important. The only question is whether the "development of designs" and printing of the same with the help of one HP Printer is a "manufacturing process" as mentioned in section 2(k)(iv) read with section 2(m) of the Factories Act, 1948.
The case of Jain Movie Palace v. State of Bihar as mentioned by Sh. Korgaonkarji perhaps relates to the use of a generator in a cinema hall for use as and when there was no electricity supply, and the honorable court in that case held that the use of the said generator set was not the use of power in the "ordinarily" sense as laid down in section of the Factories Act, 1948 as mentioned above.
In my opinion, the establishment qualifies to be covered as a "factory" under the provisions of the Factories Act, 1948 because the use of power is there for the manufacturing process, i.e., for printing designs, which are (as reported) further sent to clients for approval.
However, if the case is contested in the honorable court, then it can be a matter of new controversy because now with the advancement of science and technology, the printers/printing machines and their process have changed, and automation has taken place. I could not find relevant case law on the use of HP printers as a manufacturing process. Perhaps seniors and experts may also guide on the matter.
From India, Noida
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Hi,
It should be Register Under The Factory Act-1948 as it's applicable here. All seasonal and non-seasonal manufacturing units should be registered under The Factory Act-1948, but as you said, this unit has been run under the required. Also, please contact the Factory Inspector for a better conclusion.
From India, Hyderabad
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It should be Register Under The Factory Act-1948 as it's applicable here. All seasonal and non-seasonal manufacturing units should be registered under The Factory Act-1948, but as you said, this unit has been run under the required. Also, please contact the Factory Inspector for a better conclusion.
From India, Hyderabad
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FACTORY ACT 1948.xls
Amendment of factory act MP rules.pdf