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Commercialpedia Indian Railways commercial circulars and policies

Master Circular 23 Factories Act, 1948

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TypeRates Master Circular
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Summary

"Manufacturing process" means any process for—

Text of the circular

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MASTER CIRCULAR
Master Circular No. 23
Factories Act, 1948.
At present the orders relating to "The Factories Act, 1948" are contained in a
number of office Circulars/Orders issued from time to time. The question of
consolidation of these existing orders/circulars into one Master Circular has been
under the consideration of the Ministry of Railways (Railway Board). They have
now decided to issue consolidated instructions in the form of a Master Circular on
the subject as below for the information and guidance of all concerned.
2. All the Railways and Production Units must be having copy of the Factories Act,
1948 and the amendments issued from time to time. However, some of the
important interpretations of the Act are reproduced below for information and
convenience sake:
Interpretation
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;
c. "Child" means a person who has not completed his fifteenth year of age.;
d. "Hazardous process" means any process or activity in relation to an industry
specified in the First Schedule to the Act where, unless special care is taken,
raw materials used therein or the intermediate or finished products, by-
products, waste or effluents thereof would:
i. cause material impairment to the health of the person engaged in or
connected therewith; or
ii. result in the pollution of the general environment.
e. "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
ii. pumping oil, water, sewage or any other substance ; or
iii. generating, transforming or transmitting power; or
iv. composing types for printing, printing by letter press, lithography,
photogravure of other similar process or book binding :
v. constructing, reconstructing, repairing, refitting, finishing or breaking up
ships or vessels ; or
vi. preserving or storing any article in cold storage.
f. "Worker" means a person 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).

g. "Factory" means any premises including the precincts thereof—
where on 10 or more workers are working or were working on any day of the
preceding 12 months, and in any part of which a manufacturing process is
being carried out with the aid of power, or is ordinarily so carried on, or
where on 20 or more workers are working or were working on any day of the
preceding 12 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 the Mines Act, 1952 or
a mobile unit belonging to the Armed Forces of the Union, a railway running
shed or a hotel, restaurant or eating place;
h. "Occupier" of a factory means the person who has ultimate control over the
affairs of the factory provided that—
xxx xxx xxx
in the case of a factory owned or controlled by the Central Government or any
State Government or any local authority, the person or persons appointed to
manage the affairs of the factory by the Central Government or State
Government, or the local authority, as the case may be, should be deemed to
the occupier.
[Authority: Chapter I o

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