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www.expresshospitality.com FORTNIGHTLY INSIGHT FOR THE HOSPITALITY TRADE
16-31 January 2008  
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Home - Market - Article

Lead Story

Govt plans to bring hotels under Factories Act

Praveen K Singh - New Delhi

Hoteliers across the country have expressed dissatisfaction over the government's intention to put hotels under the Factories Act 1948 through an amendment. Hotels currently fall under the service sector and are governed by a different set of rules and regulations. They are at present being administrated under Shops & Establishments Act.

Expressing his viewpoint, executive director of EIH and president of FHRAI, Dinesh Khanna said, "This move by the government will not be of any worth as hotels fall under the service sector and are being governed by a different set up rules and regulations."

Legal expert and senior counsel of the Supreme Court, Lalit Bhasin, described the move as unsuitable. "Hotels work 24x7 and provide several services to its guests. There is no manufacturing of goods; they are just offering services," he added.

The Ministry of Labour, which has taken this task of bringing hotels under the Factories Act, has already finalised the draft for the amendment, and is expected to table it in front of the Cabinet soon. Feedback from the industry is that the UPA government is being hard-pressed by Left parties to implement this amendment.

What the Factories Act is all about
According to the Factories Act, a 'factory' means any premises including the precincts thereof (i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or (ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on, but does not include a mine subject to the operation of the Mines Act, 1952 (35 of 1952), or a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place.

 


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