Section 85
Section 85 of the Factories Act, 1948. Power to apply the Act to certain premises.
Power to apply the Act to certain premises.
(1) The State Government may, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply to any place wherein a manufacturing process is carried on with or without the aid of power or is so ordinarily carried on, notwithstanding that -- (i) the number of persons employed therein is less than 2* [twenty if working with the aid of power and less than 3* [forty if working without the aid of power, or (ii) the persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner: 1. Ins. by Act 94 of 1976 s. 34 (w.e.f. 26-10-1976) . 2. Subs. By Factory (Jharkhand Amendment) Act, 2015, Act 24 of 2016 (No. LG-45/2015-188/LJ dt.28.11.2016). 3. Subs. by Factory (Jharkhand Amendment) Act, 2015, Act 24 of 2016 (No-LG-45/2015-188/LJ dt. 28.11.2016) .
Provided that the manufacturing process is not being carried on by the owner only with the aid of his family.
(2) After a place is so declared, it shall be deemed to be a factory for the purposes of this Act, and the owner shall be deemed to be the occupier, and any person working therein, a worker.
Explanation. -- For the purposes of this section, "owner" shall include a lessee or mortgagee with possession of the premises.
Section 85, The Factories Act, 1948 (Act 63 of 1948).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 8
- Assam Shops and Establishment Act s. 1
- Beedi and Cigar Workers (Conditions of Employment) Act s. 38 Certain provisions not to apply to industrial premises
- Beedi and Cigar Workers (Conditions of Employment) Act s. 38 Certain provisions not to apply to industrial premises
- Beedi and Cigar Workers (Conditions of Employment) Act s. 38 Certain provisions not to apply to industrial premises
- Beedi and Cigar Workers (Conditions of Employment) Act (CENTRAL ACT) s. 38 Certain provisions not to apply to industrial premises
- Beedi and Cigar Workers (Conditions and Empoyment) Act s. 38 Certain provisions not to apply to industrial premises
- Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act s. 2 Definitions
- Gujarat Shops and Establishments (Regulation of Employment and Conditions of Services) Act s. 2 Definitions
Questions about Section 85
How do I find court cases under Section 85 of the Factories Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Factories Act 1948 Jharkhand 85, section 85 Factories Act 1948 Jharkhand, section 85 of the Factories Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 85 of the Factories Act, and has it changed?
8 other provisions in this corpus refer back to it.
When was the Factories Act enacted?
Factories Act was enacted in 1948 as Act 63 of 1948. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. 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/f19c0bef-5f5e-441b-ad6c-b794efc3ee8f.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/56fb932c-25ad-4115-8490-f62104d5735d/content). This page is not a substitute for legal advice.