{"act":{"id":"factories-act-1948-bihar","short_title":"The Factories Act, 1948","long_title":null,"act_number":"63","act_year":1948,"enact_date":null,"enforcement_date":null,"ministry":null,"department":null,"jurisdiction":"Bihar","unit":"section","section_count":125,"in_force":true,"spent":false,"spent_note":null,"duplicate_of":null,"text_source":"ocr","scan_url":"https://indiacode.ecourtsindia.com/scan/95a48c2f-32e3-4ab3-ae03-ece0be734d0c.pdf","url":"https://indiacode.ecourtsindia.com/factories-act-1948-bihar/"},"unit":"section","section":{"number":"5","heading":null,"text":"Ins. by Act 20 of 1987, s. 2. (w.e.f. 1-12-1987). (e) \"day\" means a period of twenty-four hours beginning at midnight: (f) \"week\" means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector of Factories; (g) \"power\" means electrical energy or any other form of energy which is mechanically transmitted and is not generated by human or animal agency; (h) \"prime mover\" means any engine, motor or other appliance which generates or otherwise provides power; (i) \"transmission machinery\" means any shaft, wheel, drum, pulley, system of pulleys, coupling, clutch, driving belt or other appliance or device by which the motion of a prime mover is transmitted to or received by any machinery or appliance; (j) \"machinery\" includes prime movers, transmission machinery and all other appliances whereby power is generated, transformed, transmitted or applied; (k) \"manufacturing process\" means any process for- (i) making altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal, or 1[(ii) pumping oil, water, sewage or any other substance; or] (iii) generating, transforming or transmitting power; or 2[(iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding; 3[or]] (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; 3[or] E 3[(vi) preserving or storing any article in cold storage;] (!) \"worker\" means a person 4[employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not], in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process 3[but does not include any member of the armed forces of the Union]; (m) \"factory\" means any premises including the precincts thereof- (i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or (ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on,- but does not include a mine subject to the operation of 5[the Mines Act, 1952 (35 of 1952)], or 6[a mobile unit belonging to the armed forces of the Union, railway running shed or a hotel), restaurant or eating place]. 1. Subs. by Act 94 of 1976, s. 2, for sub-clause (ii) (w.e.f. 26-10-1976). 2. Subs. by Act 25 of 1954, s. 2, for sub-clause (iv) (w.e.f. 7-5-1954). 3. Ins. by Act 94 of 1976, s. 2, (w.e.f. 26-10-1976). 4. Subs. by s. 2, ibid., for \"employed, directly or through any agency, whether for wages or not\" (w.e.f. 26-10-1976).","html":"

Ins. by Act 20 of 1987, s. 2. (w.e.f. 1-12-1987). (e) "day" means a period of twenty-four hours beginning at midnight: (f) "week" means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector of Factories; (g) "power" means electrical energy or any other form of energy which is mechanically transmitted and is not generated by human or animal agency; (h) "prime mover" means any engine, motor or other appliance which generates or otherwise provides power; (i) "transmission machinery" means any shaft, wheel, drum, pulley, system of pulleys, coupling, clutch, driving belt or other appliance or device by which the motion of a prime mover is transmitted to or received by any machinery or appliance; (j) "machinery" includes prime movers, transmission machinery and all other appliances whereby power is generated, transformed, transmitted or applied; (k) "manufacturing process" means any process for- (i) making altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal, or 1[(ii) pumping oil, water, sewage or any other substance; or] (iii) generating, transforming or transmitting power; or 2[(iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding; 3[or]] (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; 3[or] E 3[(vi) preserving or storing any article in cold storage;] (!) "worker" means a person 4[employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not], in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process 3[but does not include any member of the armed forces of the Union]; (m) "factory" means any premises including the precincts thereof- (i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or (ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on,- but does not include a mine subject to the operation of 5[the Mines Act, 1952 (35 of 1952)], or 6[a mobile unit belonging to the armed forces of the Union, railway running shed or a hotel), restaurant or eating place]. 1. Subs. by Act 94 of 1976, s. 2, for sub-clause (ii) (w.e.f. 26-10-1976). 2. Subs. by Act 25 of 1954, s. 2, for sub-clause (iv) (w.e.f. 7-5-1954). 3. Ins. by Act 94 of 1976, s. 2, (w.e.f. 26-10-1976). 4. Subs. by s. 2, ibid., for "employed, directly or through any agency, whether for wages or not" (w.e.f. 26-10-1976).

","words":532,"text_source":"ocr"},"classification":[],"instruments":[],"judgments":[],"corresponds_to":[],"url":"https://indiacode.ecourtsindia.com/factories-act-1948-bihar/section/5/","note":null,"source_note":"Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/95a48c2f-32e3-4ab3-ae03-ece0be734d0c.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/cba8f9ed-af73-4552-953f-6602e41c3554/content).","judgments_note":"Judgment holdings are the ratio decidendi as extracted from the order by eCourts India, reproduced unaltered. Reported judgments only.","licence":"Published with commentary and other original matter under s.52(1)(q)(ii), Copyright Act 1957."}