Legal Question in Employment Law in India
Factories Act, 1948 & MP Factories Rules
we are in to business of providing services like erecting and maintaining windmills for our costumers who own wind mills at thier land (maintaining means Oiling and looking after the machine and operating it for Costumer). we play every part for them but we are not the owner for those wind mills generating electricity. whether we fall under manufacturing process as per factories act? what are the things for getting exemption under this provision? do our customer is affected, if not taken permission of establishment under factiories act? how he is exempted from this provision? kindly guide me how we get exempted from factories act 1948? it is seen 17 employee at site, can CMD be made as ocupier, as per the provision of F A 1948?
1 Answer from Attorneys
Re: Factories Act, 1948 & MP Factories Rules
Though generation of electricity is a manufacturing process andth same falls in the deinition of Factory but since you are not running the factory nor you are owner of factory so no liability falls on you.It seems that either you are working as cotractor or service provider.
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