Dear All,
An establishment engaged in development of designs having 150 plus employees, is registered under S&E Act.
The said establishment has one HP indigo printer which is a big in size. The establishment runs this printer occasionally and not regularly, as and when required. The prints are sent to the clients as sample for approval of designs. This printer is attended by only one person. The person who attend this printer is not appointed to attend this printer only.
Under this circumstances, my question is, whether the provisions of Factory Act applies to this establishment? I expect the discussion by experts on this subject, if yes - why? and if not -why?
From India, Mumbai
2555An establishment engaged in development of designs having 150 plus employees, is registered under S&E Act.
The said establishment has one HP indigo printer which is a big in size. The establishment runs this printer occasionally and not regularly, as and when required. The prints are sent to the clients as sample for approval of designs. This printer is attended by only one person. The person who attend this printer is not appointed to attend this printer only.
Under this circumstances, my question is, whether the provisions of Factory Act applies to this establishment? I expect the discussion by experts on this subject, if yes - why? and if not -why?
From India, Mumbai
Hi As per my view I thing Factory act will not be applied for your organisation.
From India, Bangalore
From India, Bangalore
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
From India, Bangalore
Dear Queriest,
My view is as under:
The manufacturing process i.e. printing is carried out in the premises of establishment not on regular basis and seems to be very casual in nature. Hence the provisions of Factories Act should not be applied. Please refer case of Jain Movie Palace v. State of Bihar 2007 I LLJ 916 (Jhark JC).
One can have different view here. Experts are requested to comment.
From India, Mumbai
My view is as under:
The manufacturing process i.e. printing is carried out in the premises of establishment not on regular basis and seems to be very casual in nature. Hence the provisions of Factories Act should not be applied. Please refer case of Jain Movie Palace v. State of Bihar 2007 I LLJ 916 (Jhark JC).
One can have different view here. Experts are requested to comment.
From India, Mumbai
Dear Keshavji,
The Establishment at first stage is registered under S&E Act and as such there are no manufacturing activities carried out in the establishment.
Hence, the Factories Act should not be applied.
Satishkumar
From India, Mumbai
The Establishment at first stage is registered under S&E Act and as such there are no manufacturing activities carried out in the establishment.
Hence, the Factories Act should not be applied.
Satishkumar
From India, Mumbai
Hi,
The basic of for Factories act is any material (Raw Material) been brought inside and modified the shape of raw material(Finished Goods) or repacking with multi sizes / multi weight with the help of electric and machine power will be considered as factory.
In your case only Printing industry law will be applicable it can be part of S&E act
Regards
K R Ravi
Bangalore
From India, Bangalore
The basic of for Factories act is any material (Raw Material) been brought inside and modified the shape of raw material(Finished Goods) or repacking with multi sizes / multi weight with the help of electric and machine power will be considered as factory.
In your case only Printing industry law will be applicable it can be part of S&E act
Regards
K R Ravi
Bangalore
From India, Bangalore
Sir(s),
1. In my opinion, the question of size of the printer, whether it is used occasionally or regularly, or whether the said printer is used by only one person for very short period etc. are 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 "manufacturing process" as mentioned in section 2(k)(iv) read with section 2(m) of the Factories Act, 1948.
2. The case of Jain Movie Palace v. State of Bihar as mentioned by Sh. Korgaonkarji perhaps relate to use of generator in a cinema hall for use as and when there was no electricity supply and the hon'ble court in that case held that the use of said generator set was not use of power in "ordinarily" sense as laid down in section of Factories Act, 1948 as mentioned above.
3. In my opinion, the establishment qualifies to be covered as "factory" under provisions of the Factories Act, 1948 because use of power is there for manufacturing process i.e. for printing of designs, which are( as reported) further sent to clients for approval.
4. However, if the case is contested in the hon'ble court then it can be a matter of new controversy because now with the advancement of science and technology, the printers/printing machines and its process has been changed and automation has taken place. I could not find relevant case law on use of HP printers as manufacturing process. Perhaps, seniors and experts may also guide in the matter.
From India, Noida
1. In my opinion, the question of size of the printer, whether it is used occasionally or regularly, or whether the said printer is used by only one person for very short period etc. are 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 "manufacturing process" as mentioned in section 2(k)(iv) read with section 2(m) of the Factories Act, 1948.
2. The case of Jain Movie Palace v. State of Bihar as mentioned by Sh. Korgaonkarji perhaps relate to use of generator in a cinema hall for use as and when there was no electricity supply and the hon'ble court in that case held that the use of said generator set was not use of power in "ordinarily" sense as laid down in section of Factories Act, 1948 as mentioned above.
3. In my opinion, the establishment qualifies to be covered as "factory" under provisions of the Factories Act, 1948 because use of power is there for manufacturing process i.e. for printing of designs, which are( as reported) further sent to clients for approval.
4. However, if the case is contested in the hon'ble court then it can be a matter of new controversy because now with the advancement of science and technology, the printers/printing machines and its process has been changed and automation has taken place. I could not find relevant case law on use of HP printers as manufacturing process. Perhaps, seniors and experts may also guide in the matter.
From India, Noida
Hi,
It should be Register Under The Factory Act-1948 as it's applicable here.
All seasonal and non seasonal manufacturing units should be register under The Factory Act-1948 but as u said this unit has been run under the required.
Even also you just contact Factory Inspector for better conclusion.
From India, Hyderabad
It should be Register Under The Factory Act-1948 as it's applicable here.
All seasonal and non seasonal manufacturing units should be register under The Factory Act-1948 but as u said this unit has been run under the required.
Even also you just contact Factory Inspector for better conclusion.
From India, Hyderabad
Dear Harsh Kumar ji,
I duly accept what you say.
But, I feel the H'ble SC has distinguished between the core activity and ancillary activity in this case and decided that the ancillary activity is not a manufacturing process.
And accordingly I applied the logic in a given case in which core activity is designing and the printout is ancillary one.
From India, Mumbai
I duly accept what you say.
But, I feel the H'ble SC has distinguished between the core activity and ancillary activity in this case and decided that the ancillary activity is not a manufacturing process.
And accordingly I applied the logic in a given case in which core activity is designing and the printout is ancillary one.
From India, Mumbai
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FACTORY ACT 1948.xls
Amendment of factory act MP rules.pdf