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Coverage under factories act,1948

(Querist) 27 February 2014 This query is : Resolved 
Respected Sir,

Is there a notification of Ministry of Labour and Employment to include Hotels, Restaurants and eating places under Factories Act,1948. I saw in the Internet, an article on Economic times to the effect. Kindly correct me if I am wrong.

Saravanan Radhakrishnan
Surrender K Singal (Expert) 01 March 2014
Does the ET article not referring to the basis of such coverage under 1948 Act, which specifies minimum number of workers for being covered !
Surrender K Singal (Expert) 01 March 2014
Does the ET article not referring to the basis of such coverage under 1948 Act, which specifies minimum number of workers for being covered !
R.V.RAO (Expert) 01 March 2014
in some states, like H.P,the state govts. while framing local labor and emp. laws have shown a distinction between a shop and commercial est.
a commercial est. is a shop attached to a factory, where persons employed are extended benefits of factories act 1948.

".......“Shop” means any premises where any trade or business is carried on or where services are rendered to customers, and includes officers, store-rooms, godowns, sales depots or warehouses, whether in the same premises or otherwise, used in connection with such trade or business, but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the Factories Act,1948 and “commercial establishment” means any premises wherein any business, trade or profession is carried on for profit, and includes journalisitc or printing establishment and premises in which business of banking, insurance, stocks and shares..."

source: http://admis.hp.nic.in/himachal/employment/Shop1.htm

in some states like punjab, earlier,the labor commissioners were appointed as chief inspector of factories.possibly welfare measures of labor in factories and non factories could be clubbed .
labor is also on concurrent list of states and central in our constitution.
except such state related references, i could not find central govt.notification where factories act is made applicable to restaurents,or eating placesetc...
some of ILO 's conventions were adopted in india .but any one even distantly related to the refered by you does not find a place over there also
T. Kalaiselvan, Advocate (Expert) 02 March 2014
I go by Mr. Rao's opinion on the subject.
R.V.RAO (Expert) 02 March 2014
Thanks.Sri. Kalaiselvanji
Surrender K Singal (Expert) 02 March 2014
Hope Author to be better off with the research by RVR
R.V.RAO (Expert) 04 March 2014
thanks.sri.singalji.


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