what is industry

What Is Industry?

Sec 2(j)* “Industry” means any systematic activity carried on by cooperation between an employer and his workmen (Whether such  workmen are employed by such employer directly or by or through any  agency, including a contractor) for the production, supply or  distribution of goods or services with a view to satisfying human wants or  wishes (not being wants or wishes which are merely spiritual or religious  in nature), whether or not:

  • any capital has been invested for the purpose of carrying on such activity; or
  • such activity is carried on with a motive to make any gain or profit and includes:
  • any activity of    the Dock Labour Board established under Section 5A of the Dock Workers(Regulations of Employment) Act, 1948, (9 of 1948);
  • any activity relating to the promotion of  sales or business  or both carried on by an establishment,

but does not include:

  • Any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one. Explanation: For the purpose of this sub-clause, “agricultural  operation” does not include any activity carried on in a plantation as  defined in clause (f) of Section 2 of  the Plantations Labour Act,  1951; or
  • hospitals or dispensaries; or
  • educational, scientific, research to training institutions; or
  • institutions owned or managed by organizations wholly or substantially engaged in any charitable, social, or philanthropic service; or
  • khadi or village industries; or
  • any activity of the Government relatable to the sovereign  functions of  the Government including all the activities carried on  by the departments of the Central Government dealing with defense  research atomic energy and space; or
  • any domestic service; or
  • any activity, being a profession practiced by an individual or body  of individuals, if the number of persons employed by the individuals  or body of individuals in relation to such profession is less than ten;  or
  • Any activity, being an activity carried on by a co-operative society or a club or any other like body of individuals, if the number of persons employed by the co-operative society, club, or other like body of individuals in relation to such activity is less than ten.

Rakesh Parmar

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