FACTORIES ACT, 1948 (ANDHRA PRADESH AMENDMENT)

Section 2 - Interpretation

In this Act, unless there is anything repugnant in the subject or context,-

(a)      "adult" means a person who has completed his eighteenth year of age;

(b)      "adolescent" means a person who has completed his fifteenth year of age but has not completed his eighteenth year;

[1] [(bb) "calendar year" means the period of twelve months beginning with the first day of January in any year;]

(c)      "child" means a person who has not completed his fifteenth year of age;

[2] [(ca) "competent person", in relation to any provision of this Act, means a person or an institution recognised as such by the Chief Inspector for the purposes of carrying out tests, examinations and inspection required to be done in a factory under the provisions of this Act having regard to-

(i)     the qualifications and experience of the person and facilities available at his disposal; or

(ii)    the qualifications and experience of the persons employed in such institution and facilities available therein, with regard to the conduct of such tests, examinations and inspections, and more than one person or institution can be recognised as a competent person in relation to a factory;

(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 or 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

[3] [(ii) pumping oil, water, sewage or any other substance; or]

(iii) ??generating, transforming or transmitting power; or

[4] [(iv)  composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding;] [5] [or]

(v)   constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; [6] [or]

[7] [(vi) preserving or storing any article in cold storage;]

(l)       "worker" means a person [8][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 [9][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 [10] [the Mines Act, 1952 (35 of 1952)], or [11] [a mobile unit belonging to the armed forces of the Union, railway running shed or a hotel), restaurant or eating place].

[12] [Explanation [13] [I]--For computing the number of workers for the purposes of this clause all the workers in [14] [different groups and relays] in a day shall be taken into account;]

[15] [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;]

[STATE AMENDMENTS

[Andhra Pradesh

[16] [In Section 2

In clause (m),-

(i)    in sub-clause (i), for the word "ten", the word "twenty" shall be substituted,

(ii)    in sub-clause (ii), for the word "twenty", the word "forty" shall be substituted;]]]

Section 85 - Power to apply theactto 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 ten, if working with the aid of power and less than twenty 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:

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 mortgage with possession of the premises.

[STATE AMENDMENTS

[Andhra Pradesh

[17] [In Section 85

In sub-section (1), in clause (i), for the word "ten", the word "twenty" and for the word "twenty", the word "forty" shall be substituted respectively.]]]

Section 105 - Cognizance of offences

(1)     No Court shall take cognizance of any offence under this Act except on complaint by, or with the previous sanction in writing of, an Inspector.

(2)     No Court below that of a Presidency Magistrate or of a Magistrate of the first class shall try any offence punishable under this Act.

[STATE AMENDMENTS

[Andhra Pradesh

[18] [In Section 105

For sub-section (1), the following shall be substituted, namely,-

"(1) No Court shall take cognizance of any offence under this Act except on a complaint made by an inspector with the previous sanction in writing by the State Government."]

Section 106 - Limitation of prosecutions

No Court shall take cognizance of any offence punishable under this Act unless complaint thereof is made within three months of the date on which the alleged commission of the offence came to the knowledge of an Inspector:

Provided that where the offence consists of disobeying a written order made by an Inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed.

[19] [Explanation.--For the purposes of this section,--

(a)      in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues ;

(b)      where for the performance of any act time is granted or extended on an application made by the occupier or manager of a factory, the period of limitation shall be computed from the date on which the time so granted or extended expired.]

STATE AMENDMENT

[Andhra Pradesh

[20] [After Section 106A

The following new section shall be added, namely:-

106B. "Compounding of offences:-

(1)      The State Government may, by notification, specify the offences which are committed for the first time, for compounding of such offences.

(2)      The State Government may empower such officers or authorities to compound offences specified under sub-section (1) for such amount as may be specified which shall not exceed the maximum amount of fine fixed for the offence; and where the offence is so compounded.-

(i)    before the institution of the prosecution, the offender shall not be liable to prosecution, for such offence and shall, if in custody, be set at liberty.

(ii)   after the institution of the prosecution, the compounding shall amount to acquittal of the offender.".]