SPECIAL PROVISIONSCentral
Section 85 of The Factories Act, 1948
Power to apply the Act to 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 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]