SPECIAL PROVISIONS

Power to apply the Act to certain premises.

§85

Summary

(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 AMENDMENT Maharashtra Amendment of section 85 of 63 of 1948.--In section 85 of the principal Act, in sub-section (1), in clause (i),-- (a) after the words "less than ten" the words "or such number of workers as may be specified by the State Government under sub-clause (i) of clause (m) of section 2" shall be inserted; (b) after the words "less than twenty" the words "or such number of workers as may be specified by the State Government under sub-clause (ii) of clause (m) of section 2," shall be inserted. [Vide Maharashtra Act 40 of 2015, s. 6]. Arunachal Pradesh Amendment of section 85.—In section 85 of the principal Act, in sub-section (1), in clause (i), for the words “ten” and “twenty”, the words “twenty” and “forty” shall be respectively substituted. [Vide Arunachal Pradesh Act 6 of 2020, s. 4] Rajasthan Amendment of section 85, Central Act No. 63 of 1948.- In clause (i) of sub-section (1) of section 85 of the principal Act, for the existing words ten and twenty, the words twenty and forty shall be substituted respectively. [Vide Rajasthan Act 20 of 2014, s. 3]

(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 AMENDMENT Maharashtra Amendment of section 85 of 63 of 1948.--In section 85 of the principal Act, in sub-section (1), in clause (i),-- (a) after the words "less than ten" the words "or such number of workers as may be specified by the State Government under sub-clause (i) of clause (m) of section 2" shall be inserted; (b) after the words "less than twenty" the words "or such number of workers as may be specified by the State Government under sub-clause (ii) of clause (m) of section 2," shall be inserted. [Vide Maharashtra Act 40 of 2015, s. 6]. Arunachal Pradesh Amendment of section 85.—In section 85 of the principal Act, in sub-section (1), in clause (i), for the words “ten” and “twenty”, the words “twenty” and “forty” shall be respectively substituted. [Vide Arunachal Pradesh Act 6 of 2020, s. 4] Rajasthan Amendment of section 85, Central Act No. 63 of 1948.- In clause (i) of sub-section (1) of section 85 of the principal Act, for the existing words ten and twenty, the words twenty and forty shall be substituted respectively. [Vide Rajasthan Act 20 of 2014, s. 3]

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