Factories Act, 1934 — section 2

2. Definitions..—_In this Act, unless there is anything repugnant in the subject or context,

(a)“adolescent” means a person who has completed his fifteenth but has not completed his seventeenth year ;

(b)“adult” means a person who has completed his seventeenth year ;

(c)“child” means a person who has not completed his fifteenth year ;

(d)“day” means a period of twenty-four hours beginning at midnight ;

(e)“week” means a period of seven days beginning at midnight on Saturday night ;

(f)“power” means electrical energy, and any other form of energy which is mechanically transmitted and is not generated by human or animal agency ; 1 The Act has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modifications, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950, and extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect from such date and subject to such modifications as may be notified, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. The Act in its application in the Punjab has been amended by Factories (Punjab Amdt.) Act, 1940 (Punjab 7 of 1940), in N.W.F.P., by the Factories (North West Frontier Province Amdt.) Act, 1940 (N.W.F.P.7 of 1947), This Act has been extended to the

(i)Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O.3 of 1950); and also applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt.I, p.1499;

(ii)Baluchistan States Union, see the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G.G.O.4 of 1953), as amended;

(iii)Khairpur State, see G.G.O.5 of 1953, as amended; and

(iv)State of Bahawalpur by the Bahawalpur (Extension of Federal Laws) Order, 1953 (G.G.O.11 of 1953), as amended. The Act has been and shall be deemed to have been brought into force in Gwadur, (w. e. f. the 18th September, 1958), by the Gwadur (Application of Central Laws) Ordinance, 1960 (37 of 1960),s.2 The Act has been applied to the Provincially Administrated Tribal Areas or to the parts or those areas to which it does not already, apply see Regulation No. I of 1972, s.2 and Sch. 2 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s.3 and Sch. 2., (w. e. f. the 14th October, 1955).

(g)“manufacturing process” means any process

(i)for making, altering, repairing, ornamenting, finishing or packing, or otherwise treating any article or substance with a view to its use, sale, transport, delivery or disposal, or

(ii)for pumping oil, water or sewage, or

(iii)for generating, transforming or transmitting power ;

(h)“worker” means a person employed 1[directly or through an agency], whether for wages 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 whatsoever incidental to or connected with the manufacturing process or connected with the subject of the manufacturing process, but does not include any person solely employed in a clerical capacity in any room or place where no manufacturing process is being carried on ;

(j)“factory” means any premises including the precincts thereof whereon 1[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 1 [or is ordinarily carried on whether with or without the aid of power] ; but does not include a mine subject to the operation of the Mines Act, 1923 (IV of 1923).

(k)“machinery” includes all plant whereby power is generated, transformed, transmitted or applied ;

(l)“occupier” of a factory means the person who has ultimate control over the affairs of the factory : Provided that where the affairs of a factory are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory ;

(m)where work of the same kind is carried out by two or more sets of workers working during different periods of the day, each of such sets is called a “relay”, and the period or periods for which it works is called a “shift”; and

(n)“prescribed” means prescribed by rules made by the 2[Provincial Government] under this Act. 1 Ins. and subs. by Act No. XVI of 1973, s. 2. 2 Subs. by A. O., 1937.