Section 6

Section 6 of the Factories Act, 1948. Subs. by Act 94 of 1976, s. 2, for "a railway running shed" (w.e.f.

Subs. by Act 94 of 1976, s. 2, for "a railway running shed" (w.e.f. 26-10-1976). "[Explanation 2[I]-For computing the number of workers for the purposes of this clause all the workers in 3[different groups and relays] in a day shall be taken into account;] 4[Explanation II .- For the purposes of this clause, the mere fact that an Electronic Data Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or part thereof;] (n) "occupier" of a factory means the person who has ultimate control over the affairs of the factory 5 ***. 4[Provided that- (i) in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier;

(ii) in the case of a company, any one of the directors shall be deemed to be the occupier;

(iii) in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the Stale Government or the local authority, as the case may be, shall be deemed to be the occupier:] 1[[Provided further that] in the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for hire, -- (1) the owner of the dock shall be deemed to be the occupier for the purposes of any matter provided for by or under- (a) section 6, section 7, 4[section 7A, section 7B,] section 11 or section 12;

(b) section 17, in so far as it relates to the providing and maintenance of sufficient and suitable lighting in or around the dock;

(c) section 18, section 19, section 42, section 46, section 47 or section 49, in relation to the workers employed on such repair or maintenance; kers con 18, section 10% and maintenance of sufficient and (2) the owner of the ship or his agent or master or other officer-in-charge of the ship or any person who contracts with such owner, agent or master or other officer-in-charge to carry out the repair or maintenance work shall be deemed to be the occupier for the purposes of any matter provided for by or under section 13, section 14, section 16 or section 17 (save as otherwise provided in this proviso) or Chapter IV (except section 27) or section 43, section 44 or section 45, Chapter VI, Chapter VII, Chapter VIII or Chapter IX or section 108, section 109 or section 110, in relation to- (a) the workers employed directly by him, or by or through any agency; and (b) the machinery, plant or premises in use for the purpose of carrying out such repair or maintenance work by such owner, agent, master or other officer-in-charge or person;

(p) "prescribed" means prescribed by rules made by the State Government under this Act; * * 8* * * (r) where work of the same kind is carried out by two or more sets of workers working during different periods of the day, each of such sets is called a 9["group" or "relay"] and each of such periods is called a "shift". 1. Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976). 2. The Explanation numbered as Explanation I by Act 20 of 1987, s. 2 (w.e.f. 1-12-1987). 3. Subs. by s. 2, ibid., for "different relays" (w.e.f. 1-12-1987). 4. Ins. by s. 2, ibid. (w.e.f. 1-12-1987). 5. Certain words omitted by s. 2, ibid., (w.e.f. 1-12-1987).

Section 6, The Factories Act, 1948 (Act 63 of 1948).