Section 5

Section 5 of the Factories Act, 1948. Ins. by Act 20 of 1987, s. 2 (w.e.f. 1.12.1987).

Ins. by Act 20 of 1987, s. 2 (w.e.f. 1.12.1987).

(cb) "hazardous process" means any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye-products, wastes or effluents thereof would- (i) cause material impairment to the health of the persons engaged in or connected therewith, or (ii) result in the pollution of the general environment:

Provided that the State Government may, by notification in the Official Gazette, amend the First Schedule by way of addition, omission or variation of any industry specified in the said Schedule.

(d) "young person" means a person who is either a child or an adolescent;

(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] 1. Subs. by Act 94 of 1976, s. 2, for sub-clause (ii) of clause (k) (w.e.f. 26-10-1976). 2. Subs. by Act 25 of 1954, s. 2, for former sub-clause (w.e.f. 7.5.1954). 3. Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976). 1[(vi) preserving or storing any article in cold storage;] (1) "worker" means a person 2[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 "[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 3[the Mines Act, 1952 (35 of 1952),] or 4[a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place]. 6[Explanation. 6I-For computing the number of workers for the purposes of this clause all the workers in 6*[different groups and relays] in a day shall be taken into account;] 6[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 of 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. "[ *** ] "[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; 1. Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976). 2. Subs. by s. 2, ibid., for certain words (w.e.f. 26-10-1976). 3. Subs. by Act 25 of 1954, s. 2, for "the Indian Mines Act, 1923 (4 of 1923)". 4. Subs. by Act 94 of 1976, s. 2, for the words "a railway running shed: (w.e.f. 26-10-1976).

Section 5, The Factories Act, 1948 (Act 63 of 1948).