FACTORIES, OFFICES AND SHOPS ACT - 1970 (ACT 328)

    Section - 83 - Definition of Factory.

    (1) In this Act, "factory" means any premises in which, or within the close or curtilage of which, any person is employed in manual labour in any process for or incidental to any one or more of the following types of work which are carried on by way of trade or for purposes of gain, and to or over which premises the employer of the persons employed therein has the right of access or control namely,-

    (a) the making of any article or part of any article;

    (b) the altering, repairing, ornamenting, finishing, filling, packing, printing, bookbinding, cleaning, washing, breaking up or demolition of any article;

    (c) the adapting for storage or sale of any article;

    (d) the slaughtering of cattle, sheep, swine, goats, hens, guinea fowl and turkeys.

    (2) In this Act, "factory" also means-

    (a) any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted, finished or broken up;

    (b) any premises in which the construction, reconstruction or repair of locomotives, vehicles or plant for use for transport purposes is carried on as ancillary to a transport undertaking, or other industrial or commercial undertaking, not being premises used to house locomotives or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out;

    (c) any premises in which mechanical power is used in connection with the making, repair or storage of any article incidentally to any business carried on by way of trade or for purposes of gain and in which any person is employed in manual labour;

    (d) any premises in which articles are made or prepared incidentally to the carrying on of building operations or works of engineering construction and in which any person is employed in manual labour, not being premises in which such operations or works are being carried on;

    (e) any premises in which any person is regularly employed in manual labour in or in connection with the generating of electrical energy for supply by way of trade, or for supply for the purposes of any industrial or commercial undertaking or of any public building or public institution, or for supply to streets or other public places;

    (f) any premises in which mechanical power is used for or in connection with a water supply, being premises in which any person is regularly employed in manual labour;

    (g) any premises in which the business of sorting any articles is carried on as preliminary to the work carried on in any factory or incidentally to the purposes of any factory, and in which any person is employed in manual labour;

    (h) any laundry carried on as ancillary to another business, or incidentally to the purposes of any public institution.

    (3) Any line or siding (not being part of a railway) which is used in connection with any of the purposes of a factory, shall be deemed to be the part of the factory; and if any such line or siding is used in connection with more than one factory belonging to separate occupiers, it shall be deemed to be a separate factory, and the provisions of this Act shall apply as if such different occupiers were jointly the occupiers of the line or siding so deemed to be a factory.

    (4) A part of a factory may, with the approval in writing of the Chief Inspector, be taken to be a separate factory, and two or more factories may, with the like approval, be taken to be a single factory.

    (5) Any workplace in which, with the permission of or under agreement with the owner or occupier, two or more persons carry on any work which would constitute the workplace a factory if the persons therein were in the employment of the owner or occupier, shall be deemed to be a factory for the purposes of this Act, and, in the case of any such workplace, the provisions of this Act shall apply as if the owner or occupier of the workplace were the occupier of the factory and the persons working therein were persons employed in the factory.

    (6) Where a place situated within the close, curtilage or precincts forming a factory is solely used for some process other than a process for and incidental to the main purposes of the factory, that place shall not be deemed to form part of the factory for the purposes of this Act, but shall, if otherwise it would be a factory, be deemed to be a separate factory.

    (7) Premises shall not be excluded from the definition of a factory by reason only that they are open air premises.

    (8) Premises belonging to or in the occupation of the Government or any local authority or corporation constituted under any enactment shall not be excluded from the definition of a factory by reason only that the work carried on there is not carried on by way of trade or for purposes of gain.

    (9) Where the Minister by executive instrument so directs as respects all or any purposes of this Act, and subject to such conditions as he may think fit to require, different branches or departments of work carried on in the same factory shall be deemed to be different factories.

    (10) Notwithstanding the foregoing provisions of this section, the definition of a factory shall not apply-

    (a) to any building operations undertaken below ground in a mine;

    (b) to any works of engineering construction undertaken at a mine, whether above or below ground, or at a quarry;

    (c) to premises in or adjacent to and belonging to a mine, being premises in which the only activity carried on is ancillary to the getting, dressing or preparation for sale of minerals.