Section 91: Meaning of factory

91. Meaning of factory (1) For the purposes of this Act, “factory”— (a) means any premises with machinery, on which, or within the precincts of which, persons are employed in the making, altering, repairing, cleaning, breaking up or adapting for sale of any article [Issue 1] O2 – 60 Revised Laws of Mauritius for the purpose of gain and over which the employer has the right of access or control; and (b) includes the following premises where persons are employed to perform manual labour— (i) any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted, finished or broken up; (ii) any laundry or kitchen carried on as ancillary to another business or as an incidental to the purposes of any public institution; (iii) any premises in which the construction, reconstruction or repair of 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; (iv) any premises in which printing by letter press, lithography, photogravure, film development process or other similar process, or bookbinding is carried on by way of trade or for purposes of gain or as an incidental to another business so carried on; (v) any premises in which articles are made or prepared as an incidental to the carrying on of construction works, not being premises in which such works are being carried on; (vi) any premises where saline water is processed for extraction of salt; (vii) any premises in which persons are employed in or in connection with the generating of electrical energy for supply by way of trade; (viii) any cold storage room; (ix) any premises where tobacco leaf is cured or otherwise made ready for manufacture or is manufactured into tobacco in any form; (x) any limekiln where limestone is burnt to make lime; (xi) any premises where bread, biscuits or confectionery are baked and foodstuffs are prepared by way of trade for purposes of gain; (xii) any premises used for the storage and sale of petroleum and other flammable products; (xiii) premises where the slaughtering of cattle, sheep, swine, goats, horses, stags, asses or mules or any other animals is done; (xiv) premises used for the breeding of fowls where the number of fowls is more than 100; (xv) any premises in which the business of sorting any articles is carried on as a preliminary to the work carried on in any factory or incidentally to the purposes of any factory; O2 – 61 [Issue 1] Occupational Safety and Health Act (xvi) 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; (xvii) any premises in which the business of hooking, plaiting, lapping, making-up or packing of yarn or cloth is carried on; (xviii) 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; (xix) any premises in which the business of making or mending nets is carried on incidentally to the fishing industry; (xx) 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 xhibition 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; (xix) any premises in which the business of making or mending nets is carried on incidentally to the fishing industry; (xx) 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; (xxi) any premises in which the production of cinematograph films is carried on by way of trade or for purposes of gain; (xxii) any premises used for the storage of gas in a gasholder having a storage capacity of not less than 100 metre cube. (2) 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. (3) Any premises belonging to or in the occupation of the State or any municipal or other public authority shall not be deemed not to be a factory, and building operations or works of engineering construction undertaken by or on behalf of the State or any such authority shall not be excluded from the application 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 except that the State or municipal or other public authority shall not be liable to pay any fee for the registration of a factory. (4) Premises shall not be excluded from the definition of a factory by reason only that they are open air premises. PART IX – OFFENCES, PENALTIES AND LEGAL PROCEEDINGS