9. Registration of factories
Feedback & supportAny person who occupies or uses any premises as an unregistered factory shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a fine not exceeding $500 or to imprisonment for a term not exceeding 7 days or to both for every day during which the offence continues after conviction.
unregistered factory
“unregistered factory” means a factory which is not a registered factory.
An application for the registration of a factory shall be in the appropriate form set out in the First Schedule and shall, not less than two months before the operation of the factory, be submitted to the Chief Inspector together with a layout plan of the factory and such other particulars as the Chief Inspector may require.
factory
“factory” means any premises in which, or within the close or curtilage or precincts of which, persons are employed in manual labour in any process for or incidental to any of the following purposes:(a)the making of any article or of part of any article;(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 to or over which the employer of the persons employed therein has the right of access or control.(2) Whether or not premises are factories by reason of the foregoing definition, “factory” also includes the following premises in which persons are employed in manual labour:(a)any yard or dry dock (including the precincts thereof) in which ships are constructed, reconstructed, repaired, refitted, finished or broken up;(b)any premises in which the business of sorting articles is carried on as a preliminary to the work carried on in any factory or incidentally to the purposes of any factory;(c)any premises in which the business of washing or filling bottles or containers or packing articles is carried on incidentally to the purposes of any factory;(d)any premises in which the business of hooking, plaiting, lapping, making up or packing of yarn or cloth is carried on;(e)any laundry carried on as ancillary to another business or incidentally to the purposes of any public institution;(f)any premises in which the construction, reconstruction or repair of locomotives, aircraft, 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, aircraft or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out;(g)any premises in which printing by letter press, lithography, photogravure, or other similar process, or bookbinding is carried on by way of trade or for purposes of gain or incidentally to another business so carried on;(h)any premises in which the making, adaptation or repair of dresses, scenery or properties is carried on incidentally to the production, exhibition or presentation by way of trade or for purposes of gain of cinematograph films or theatrical performances, not being a stage or dressing-room of a theatre in which only occasional adaptations or repairs are made;(i)any premises in which the business of making or mending nets is carried on incidentally to the fishing industry;(j)any premises in which mechanical power is used in connection with the making or repair of any article incidentally to any business carried on by way of trade or for purposes of gain;(k)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;(l)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;(m)any premises used for the storage of gas in a gas-holder having a storage capacity of not less than 140 cubic metres;(n)any premises in which persons are employed in or in connection with the generating of electrical energy for supply by way of trade, or for supply for the purposes of any industrial or commercial undertaking or of any public building or public institution, or for supply to streets or other public places;(o)any premises in which mechanical power is used for the purposes of or in connection with a water supply, being premises in which persons are regularly employed;(p)any sewage works in which mechanical power is used and any pumping station used in connection therewith;(q)any premises in which building operations or works of engineering construction are being carried on.(3) Any line or siding, which is used in connection with and for the purposes of a factory, shall be deemed to be part of the factory; and if any such line or siding is used in connection with more than one factory belonging to different occupiers, the line or siding shall be deemed to be a separate factory.(4) Any workplace in which, with the permission of or under agreement with the owner or occupier, 10 or more persons carry on any work which would constitute the workplace a factory if the persons working therein were in the employment of the owner or occupier of the workplace, shall be deemed to be a factory for the purposes of this Act, and, in the case of any such workplace, the provisions of this Act shall apply as if the owner or occupier of the workplace were the occupier of the factory and the persons working therein were persons employed in the factory.(5) No premises shall be deemed to be a factory in which less than 10 persons are employed and in which —(a)no mechanical power, steam boiler, steam container, steam receiver, cast-iron underfired vulcaniser, air receiver, refrigerating plant pressure receiver or gas plant is used; and(b)no highly inflammable or noxious substance is manipulated, used or created.(6) Where a place situated within the close, curtilage or precincts forming a factory is solely used for some purpose other than the processes carried on in the factory, that place shall not be deemed to form part of the factory for the purposes of this Act, but shall, if otherwise it would be a factory, be deemed to be a separate factory.(7) A part of a factory may, with the approval in writing of the Chief Inspector, be deemed to be a separate factory; and two or more factories may, with the approval in writing of the Chief Inspector, be deemed to be a single factory.(8) Premises shall not be excluded from the definition of a factory by reason only that they are open air premises.(9) Any premises belonging to or in the occupation of the Government or of any statutory board or body shall not be deemed not to be a factory, and any premises in which building operations or works of engineering construction are carried on by or on behalf of the Government or any such board or body shall not be excluded from the operation of this Act by reason only that the work carried on thereat is not carried on by way of trade or for purposes of gain. Subject to this section,
The Chief Inspector shall, upon receipt of such application and on being satisfied that the premises are suitable for use as a factory of the nature stated in the application, cause the factory to be registered and shall, on payment of the prescribed fee, issue to the occupier a certificate of registration in the form set out in the Second Schedule.
Chief Inspector
“Chief Inspector” means the Chief Inspector appointed under this Act and any other inspector authorised to act on his behalf by the Commissioner;
A certificate of registration shall, unless otherwise stated on the certificate or revoked by the Minister pursuant to this Act, expire at the end of one year from the date of its issue.
certificate
“certificate” means a certificate of registration issued under section 9;
The Chief Inspector may instead of issuing a certificate of registration under subsection (3) issue to the occupier a permit in the form set out in the Second Schedule in respect of the whole or any specified part of the premises to be valid for a period stated in the permit, and subject to such conditions as the Chief Inspector may specify.
occupier
“occupier”, in relation to a factory, means a person who occupies or uses premises as a factory;
The Chief Inspector may, on payment of the prescribed fee, renew a certificate of registration or extend the period of a permit.
prescribed
“prescribed” means prescribed by the Minister by order or by regulations made under this Act;
Where the Chief Inspector is satisfied that there has been a contravention of any condition subject to which a permit has been issued in respect of any factory he may, by giving not less than one month’s notice in writing to the occupier of the factory, cancel the permit and on the expiration of the notice the permit shall, subject to subsection (8), cease to be in force.
contravention
“contravention” includes, in relation to any provision, a failure to comply with that provision, and “contravene” shall be construed accordingly;
An occupier of a factory or proposed factory who is aggrieved by the refusal of the Chief Inspector to register any premises as a factory or to renew the registration of any premises as a factory, or by the cancellation of a permit in respect of a factory, may, within 21 days after the refusal or cancellation is notified to him, appeal to the Minister whose decision shall be final.
Where an appeal under subsection (8) is instituted in respect of a registered factory then pending the determination of the appeal the registration of the factory shall continue to remain in force.
registered factory
“registered factory” means a factory in respect of which a certificate or permit is for the time being in force;
Where any person other than the person named in a certificate or permit as the occupier of a factory becomes the occupier thereof the person so named in the certificate or permit shall serve on the Chief Inspector a written notice of the change of occupancy within 14 days after such change and if no such notice is served the person named in the certificate or permit shall be deemed to be the occupier of the factory and shall be subject to all provisions of this Act.
Where in any registered factory there is a change in the nature of the work carried on for which the premises have been registered, or where there is any structural change or any change in the layout of the factory, the occupier shall, not less than one month before the commencement of the change, give written notice thereof to the Chief Inspector and if the occupier fails to do so he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.
Where it appears to the Minister that, in the case of temporary factories of any class or description, it is unnecessary to apply this section he may, if he thinks fit, by order exempt the temporary factories from this section.
class or description
“class or description”, in relation to factories, includes a group of factories described by reference to locality;