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The Factories Act (1943) defines a factory
to be any premises in which, or within the close or curtilage
or precincts of which: |
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a) acetylene, steam, water, wind, electric, internal
combustion or other mechanical power is used; or
b) ten or more persons are employed in manual labour, |
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in any process for, or incidental to any of the
following purposes, namely; |
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| a) |
the making of any article or 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, |
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| 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 purposes of gain. |
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| And (whether or not they are factories by reason
of the foregoing definition) the expression “factory”
also includes the following premises, that is to say: |
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| i) |
any dock, dry dock or yard
(including the precincts thereof) in which ships or vessels
are constructed, reconstructed, repaired, refitted, finished
or broken; |
| ii) |
any premises in which mechanical power
is used or in which ten or more persons are employed in
manual labour in connection with the business of sorting
any articles, carried on as a preliminary to the work
in any factory or incidentally to the purposes of any
factory; |
| iii) |
any premises in which mechanical power
is used or in which ten or more persons are employed in
manual labour in connection with the business of washing
or filling bottles or containers or packing articles,
carried on incidentally to the purpose of any factory; |
| iv) |
any premises in which mechanical power
is used or in which ten or more persons are employed in
manual labour in the business of hooking, plaiting, lapping,
making-up or packing yarn or cloth which is there carried
on; |
| v) |
any laundry or dry cleaning establishment
in which mechanical power is used or in which ten or more
persons are employed in manual labour and which is carried
on as ancillary to another business; |
| vi) |
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, not being any premises used
for the purpose of housing locomotives or vehicles where
only cleaning, washing, running repairs or minor adjustments
are carried out; |
| vii) |
any premises in which mechanical power
is used or in which ten or more persons are employed in
manual labour in connection with printing by letter-press,
lithography, photogravure, or other similar process, or
bookbinding, carried on by way of trade or for purposes
of gain or incidentally to another business so carried
on; |
| viii) |
any premises in which mechanical power
is used or in which ten or more persons are employed in
manual labour in the business of making or mending nets
which is carried on incidentally to the fishing industry; |
| ix) |
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; |
| x) |
any premises in which the production of
cinematograph films is carried on by way of trade or for
purpose of gain, so, however, that the employment at any
such premises of theatrical performers, and of attendants
on such theatrical performers shall not be deemed to be
employment in a factory; |
| xi) |
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 operation or works are being carried; |
| xii) |
any premises used for the storage of gas
in gas holder having storage capacity of not less than
five thousand cubic feet; |
| xiii) |
any dairy or other premises in which mechanical
power is used or in which ten or more persons are employed
in manual labour in connection with the processing and
storage of milk, carried on by way of trade or for purposes
of gain or as ancillary to any business so carried on; |
| xiv) |
any premises in which mechanical power
is used for the purpose of lubricating motor vehicles; |
| xv) |
any premises in which mechanical power
is used or in which ten or more persons are employed in
manual labour in connection with the pumping, processing,
or storage of water for distribution; |
| xvi) |
any premises used for undertakings in connection
with the generation of electric current by way of trade
or for purposes of gain; |
| xvii) |
any premises where cold storage installations
are operated as a separate business and not merely ancillary
to another business; |
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