Summary/citation: Covered:
"Section 55: Part of Building as Separate Factory or Shop"
(1) Where part of a building is let off as a separate factory or shop, the provisions of this Act relating to factories or shops shall apply to any part of the building used for the purposes of the factory or shop, but the owner of the building shall, instead of the occupier, be responsible for any contravention of sections 19, 31 to 34, 44 to 47 and 52 to 54 insofar as those sections relate to matters which are within his control or which are his responsibility.
(2) For the purposes of this section, references in sections 52 to 54 to the occupier shall be taken as references to the occupier or to the owner of the building, according to which of them is responsible in respect of the matters complained of.
(3) For the purposes of the provisions applied by this section, lifting machines attached to the outside of the building, and chains, ropes and lifting tackle used in connection with those machines, shall be treated as being in the building.
(4) Where in any provision applied by this section, or in any regulations made thereunder, there is contained in respect of a factory any reference to the general register, that reference shall be taken,in relation to matters in respect of which the owner of the building is responsible, as a reference to a register to be kept by him, and section 69(2) shall apply in relation to any such register as if the owner were the occupier of the
factory."
"Section 56: Docks, Wharves, Quays and Warehouses:
(1) Sections 6, 7, 10 to 54 and 60 to 87 shall apply, so far as applicable, to every dock, wharf or quay and every warehouse not forming part of a factory, in or for the purposes of which mechanical power is used, as if it were a factory and as if the person having the actual use or occupation of it were the occupier of a factory.
(2) The provisions applied by this section shall apply to the processes of loading, unloading or coaling of any ship in any dock or harbour, and to all machinery or plant used in those processes, as if the processes were carried on in a factory and the machinery or plant were in a factory and the person who carries on those processes were the occupier of a factory:
Provided that sections 50 and 52 shall not apply in relation to any such machinery or plant which is on board a ship and is the property of the shipowner.
(3) For the purposes of this section, "plant" includes any gangway or ladder used by any person employed to load, unload or coal a ship."
"Section 58: Premises in which Steam Boilers are Used:
(1) Sections 10, 11, 30, 33, 38, 44 to 57, 60 to 76, 78 and 79 shall apply to any premises (not being premises forming part of a factory, or premises to which the application of this Act is otherwise extended by this Part) in which a steam boiler is used, as if the premises were a factory and as if the person having the actual use or occupation of the premises were the occupier of a factory.
(2) The owner of the boiler, receiver or container shall, instead of the person deemed to be the occupier, be responsible for any contravention of sections 44, 45 and 47 as applied by this section in so far as they relate to matters within his control.
(3) The Minister may by legislative instrument make regulations modifying the provisions of sections 71 (so far as applicable) and 72 in their application by this section to premises in which a steam boiler is used.
(4) The occupier of any premises (not being premises forming part of a factory) in which a steam boiler is used shall, within one month after the date upon which the boiler is first used in those premises, send to the Chief Inspector a written notice containing his name, the address and location of the premises, the nature of the work carried on in the premises, and the following particulars in respect of each steam boiler in use:
(a) the type, description and distinctive number;
(b) the country and year of manufacture;
(c) the date of the last thorough examination and the name of the person by whom the examination was made;
(d) the maximum permissible working pressure in pounds per square inch."
"Section 59: Institutions:
Where, in any premises forming part of an institution carried on for charitable or reformatory purposes, any manual labour is exercised in or incidental to the making, altering, repairing, ornamenting, finishing, filling, packing, printing, bookbinding, cleaning, washing or adapting for sale of articles not intended for the use of the institution, but the premises do not constitute a factory, the provisions of this Act other than sections 1 to 5 shall nevertheless apply to the premises as if they were a factory."
"Section 83: Definition of Factory:
(1) In this Act, "factory" means any premises in which, or within the close or curtilage of which, any person is employed in manual labour in any process for or incidental to any one or more of the following types of work which are carried on by way of trade or for purposes of gain, and to or over which premises the employer of the persons employed therein has the right of access or control namely,
(a) the making of any article or part of any article;
(b) the altering, repairing, ornamenting, finishing, filling, packing, printing, bookbinding, cleaning, washing, breaking up or demolition of any article;
(c) the adapting for storage or sale of any article;
(d) the slaughtering of cattle, sheep, swine, goats, hens, guinea fowl and turkeys.
(2) In this Act, "factory" also means:
(a) any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted, finished or broken up;
(b) any premises in which the construction, reconstruction or repair of locomotives, vehicles or plant for use for transport purposes is carried on as ancillary to a transport undertaking, or other industrial or commercial undertaking, not being premises used to house locomotives or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out;
(c) any premises in which mechanical power is used in connection with the making, repair or storage of any article incidentally to any business carried on by way of trade or for purposes of gain and in which any person is employed in manual labour;
(d) any premises in which articles are made or prepared incidentally to the carrying on of building operations or works of engineering construction and in which any person is employed in manual labour, not being premises in which such operations or works are being carried on;
(e) any premises in which any person is regularly employed in manual labour 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;
(f) any premises in which mechanical power is used for or in connection with a water supply, being premises in which any person is regularly employed in manual labour;
(g) any premises in which the business of sorting any articles is carried on as preliminary to the work carried on in any factory or incidentally to the purposes of any factory, and in which any person is employed in manual labour;
(h) any laundry carried on as ancillary to another business, or incidentally to the purposes of any public institution.
(3) Any line or siding (not being part of a railway) which is used in connection with any of the purposes of a factory, shall be deemed to be the part of the factory; and if any such line or siding is used in connection with more than one factory belonging to separate occupiers, it shall be deemed to be a separate factory, and the provisions of this Act shall apply as if such different occupiers were jointly the occupiers of the line or siding so
deemed to be a factory.
(4) A part of a factory may, with the approval in writing of the Chief Inspector, be taken to be a separate factory, and two or more factories may, with the like approval, be taken to be a single factory.
(5) Any workplace in which, with the permission of or under agreement with the owner or occupier, two or more persons carry on any work which would constitute the workplace a factory if the persons therein were in the employment of the owner or occupier, 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.
(6) Where a place situated within the close, curtilage or precincts forming a factory is solely used for some process other than a process for and incidental to the main purposes of 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) Premises shall not be excluded from the definition of a factory by reason only that they are open air premises.
(8) Premises belonging to or in the occupation of the Government or any local authority or corporation constituted under any enactment shall not be excluded from the definition of a factory by reason only that the work carried on there is not carried on by way of trade or for purposes of gain.
(9) Where the Minister by executive instrument so directs as respects all or any purposes of this Act, and subject to such conditions as he may think fit to require, different branches or departments of work carried on in the same factory shall be deemed to be different factories.
(10) Notwithstanding the foregoing provisions of this section, the definition of a factory shall not apply:
(a) to any building operations undertaken below ground in a mine;
(b) to any works of engineering construction undertaken at a mine, whether above or below ground, or at a quarry;
(c) to premises in or adjacent to and belonging to a mine, being premises in which the only activity carried on is ancillary to the getting, dressing or preparation for sale of minerals."
"Section 84: Definition of an Office:
(1) In this Act "office" means any room of a building of which the substantial use is for clerical work including book-keeping, filing, typing, duplicating, machine calculating, drawing, the editorial preparation of matter for publication in print, the sorting and carrying of papers, telephone operating, and the handling of money, except any rooms in premises of which the substantial use is private residence or for private domestic purposes.
(2) In this Act, "office" also includes establishments, institutions and administrative services in which the workers are mainly engaged in office work."
"Section 85: Definition of a Shop:
In this Act, "shop" means:
(a) a shop;
(b) a building or part of a building of which the substantial use is the carrying on there of retail trade or business (including the sale to members of the public of food or drink for immediate consumption, retail sales by auction and the business of lending books or periodicals for purposes of gain);
(c) a building or part of a building occupied by a wholesale dealer or merchant where goods are kept for wholesale distribution or sale;
(d) a building or part of a building to which members of the public are invited to resort for the purpose of delivering goods for repair, renovation, cleaning or other treatment, or of themselves there carrying out repairs, renovation, cleaning or other treatment of goods."
• Factories Offices and Shops (Amendment) Act (No. 275 of 1991) (Arts. 55 - 85)
