FACTORIES ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

   3   Appointment of Chief Factory Inspector and Inspectors

   4   Supervision of factories and machinery

 

PART II
Factories Appeal Board

   5   Constitution of Factories Appeal Board

 

PART III
Registration of Factories

   6   Factories to be registered

   7   Register of factories to be kept

   8   Registration of existing factories

   9   Approval of plans of buildings to be used as factories

   10   Registration of new factories

   11   Registration to be renewed

 

PART IV
Regulations

   12   Regulations

 

PART V
Miscellaneous

   13   Offence of operating unregistered factory

   14   Returns

   15   Factory ceasing to operate

   16   Certificate and regulations to be exhibited

   17   [Repealed by Act 8 of 2009 s 6.]

   18   Inspection and medical examinations

   19   Penalty for obstruction

   20   Power of Inspector to conduct proceedings

   21   Notification of accidents and industrial diseases

   22   Penalty

   23   Expenses

   24   Application of Act to building operations and works of engineering construction

   25   Application of Act to docks, etc

   26   Power to require that use of premises for certain purposes be discontinued

   27   Minister may by order increase monetary penalty

 

THE FACTORIES ACT

[Date of Commencement: 1st August, 1943]

Cap 124.

Laws
68 of 1956,
71 of 1958.

Acts
5 of 1968,
8 of 2009.

PART I
Preliminary (sections 1-4)

1   Short title

   This Act may be cited as the Factories Act.

2   Interpretation

   (1) In this Act-

   "the Board" means the Factories Appeal Board constituted in accordance with the provisions of section 5;

[68/1956 s 2(1)(a).]

   "factory" means any premises in which, or within the close or curtilage or precincts of which-

[68/1956 s 2(1)(b).]

   (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,

in any process for or incidental to any of the following purposes, namely-

   (a)   the making of any article or of 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, 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:

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-

   (i)   any dock, dry dock or yard (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted, finished or broken up;

   (ii)   any premises in which mechanical power's 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 of 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 purposes 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 operations or works are being carried on;

   (xii)   any premises used for the storage of gas in a gasholder having a 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;

[71/1958 s 2.]

   (xvii)   any premises where cold storage installations are operated as a separate business and not merely ancillary to another business

[71/1958 s 2.]

   "existing factory" means any factory which was in operation on the 20th day of December, 1956;

[68/1956 s 2(1)(b).]

   "new factory" means any factory-

[68/1956 s 2(1)(c).]

   (a)   which first commences to operate some time after the 20th December, 1956; or

   (b)   which (having previously been in operation) has ceased to operate before the 20th December, 1956, and which recommences to operate at some time after such date;

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