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Solar plant -is factory licence required

(Querist) 21 January 2012 This query is : Resolved 
Sir, having recently established a Solar plant of 2 MW
wherein i) Employees less than 10
ii) No manufacturing process carried on iii) Power would be sold to State Electricity Board


The Factory inspector is insisting that Factory Act would be applicable.But as the above conditions it does not come under purview of Factory Act.

Pl guide specefic whether in Solar Plant-Is Factory licence would be required and if not which Labour Laws will be applicable

ajay sethi (Expert) 21 January 2012
As per Section 2 under Clause (k), (iii) read with " generating, transforming or transmitting of power" your company is to be covered under Factories Act,1948.

It applies to all factories employing more than 10 people and working with the aid of power or employing 20 people and working without the aid of power.


however since you are employing less than 10 workers factories act would not be applicable
Sankaranarayanan (Expert) 21 January 2012
yes yours employee is less then 10 then it not be applicable. anyhow you better to apply the license under factories act 1948
Raj Kumar Makkad (Expert) 21 January 2012
repeated query which has already been replied on yesterday.
Sailesh Kumar Shah (Expert) 22 January 2012
refer to earlier reply:-
http://www.lawyersclubindia.com/experts/Solar-Plant-Is-Factory-licence-required-271176.asp


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