Factories Act, 1948
85. 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 mortgagee with possession of the
premises.