(1) The 4[State] Government may by notification in the Official Gazette, declare that all or any of the provisions of the Act shall apply to any place wherein a manufacturing process is carried on with or without the aid of power or is so ordinarily carried on notwithstanding that-
(i) the number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or
(ii) the persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner:
Provided that the manufacturing process is not being carried on by the owner only with the aid of his family.
1 Subs. for “Provincial” by the Adaptn. of Laws Orders, 1950.
2 Subs. for “Provincial” by the Adaptn. of Laws Orders, 1950.
3 Explanation ins. by Act 94 of 1976 (w.e.f. 26.10.1976) 4 Subs. for “Provincial” by the Adaptn. of Laws Orders, 1950.
48 The Factories Act, 1948 Sec. 86
(2) After a place is so declared it shall be deemed to be a factory for the purpose of this Act, and the owner shall be deemed to be the occupier, and any person working therein, a worker.
Explanation.-For the purposes of this section `owner' shall include a lessee or mortgagee with possession of the premises.