Section 87: Meaning of factory

(1) Subject to the provisions of this section, the expression "factory" means any premises in which or within which, or within the close or curtilage or precincts of which one person is, or more persons are, employed in any process for or incidental to any of the following purposes, namely-
(a) the making of any article or of part of any article; or
(b) the altering, repairing, ornamenting, finishing, cleaning, or washing, or the breaking up or demolition of any article; or
(c) the adapting for sale of any article
being premises in which, or within the close or curtilage or precincts of which, the work is carried on by way of trade or for the purposes of gain and to or over which the employer of the person or persons employed therein has the right of access or control; and the expression "factory" also includes the following premises in which ten or more persons are employed, that is to say-
(i) any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted, finished or broken up;
(ii) any premises in which the business of washing or filling bottles or containers or packing articles is carried on incidentally to the purposes of the factory;
(iii) any premises in which the construction, reconstruction or repair of locomotives, vehicles or other plant for use for transport purposes is carried on as ancillary to a transport undertaking, or other industrial or commercial undertaking;
(iv) any premises in which printing by letterpress, lithography, photography or other similar process, or book-binding is carried on by way of trade or for purposes of gain or incidentally to another business so carried on;
(v) any premises in which mechanical power is used in connection with the making or repair of articles of metal or wood incidentally to any business carried on by way of trade or for purposes of gain;
(vi) any premises in which articles are made or prepared incidentally to the carrying on, of building operations or works of engineering construction, not being premises in which such operations or works are being carried on;
(vii) any premises in which such persons are employed in or in connection with the gathering of electrical energy for supply by way of trade, or for supply for the purposes of any industrial or commercial undertaking or of any public building or public institution, or for supply to streets or other public places;
(viii) any premises in which mechanical power is used for the purposes of or in connection with a water supply, being premises in which such person or persons are employed;
(ix) any laundry carried on as ancillary to another business or incidentally to the purposes of any public institution:
Provided that the Minister may, if in special circumstances he thinks it expedient so to do, at any time by order except any premises or part of any premises being a factory as herein before defined from the application of all or any of the provisions of this Act.
(2) Any line or siding (not being part of a railway) which is used in connection with and for the purposes of a factory shall be deemed to be part of the factory; and if any such line or siding is used in connection with more than one factory belonging to different occupiers, the line or siding shall be deemed to be a separate factory, and the provisions of this Act shall apply as if such different occupiers were jointly the occupiers of the line or siding so deemed to be a factory.
(3) Any workplace in which, with the permission of or under agreement with the owner or occupier, ten or more persons carry on any work which would constitute the workplace a factory if the persons therein were in the employment of the owner or occupier, shall be deemed to be a factory for the purposes of this Act, and, in the case of any such workplace, the provisions of this Act shall apply as if the owner or occupier of the workplace were the occupier of the factory and the persons working therein were persons employed in the factory.
(4) No premises in or adjacent to and belonging to a mine, not being a quarry, being premises in which the only process carried on is a process ancillary to the getting, dressing or preparation for sale of materials, shall be deemed to be a factory.
(5) Where a place situate within the close, curtilage or precincts forming a factory is solely used for some purposes other than processes carried on in the factory, that place shall not be deemed to form part of the factory for the purposes of this Act, but shall, if otherwise it would be a factory, be deemed to be a separate factory.
(6) Premises shall not be excluded from the definition of a factory by reason only that they are open air premises.
(7) Any premises belonging to or in the occupation of the Government of the Federation, or of a State or local government council or corporation constituted under any Act or law, shall not be deemed to be a factory by reason only that the work carried on thereat is not carried on by way of trade or for purposes of gain.