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FACTORIES ACT, 1934

SECTIONS

CONTENTS

 

 

CHAPTER I

PRELIMINARY

 

1.

Short title, extent and commencement.

 

2.

Definitions.

 

3.

References to time of day.

 

4.

Seasonal factories.

 

5.

Power to apply provisions applicable to factories to certain other places.

 

6.

Power to declare departments to be separate factories.

 

7.

Power to exempt on a change in the factory.

 

8.

Power to exempt during public emergency.

 

9.

Notice to Inspector before commencement of work.

 

CHAPTER II

THE INSPECTING STAFF

10.

Inspectors.

 

11.

Powers of Inspector.

 

12.

Certifying surgeons.

 

CHAPTER III

HEALTH AND SAFETY

13.

Cleanliness.

 

14.

Ventilation.

 

15.

Artificial humidification.

 

16.

Cooling.

 

17.

Overcrowding.

 

18.

Lighting.

 

19.

Water.

 

20.

Latrines and urinals.

 

21.

Doors to open outwards.

 

22.

Precautions against fire.

 

23.

Means of escape.

 

24.

Fencing.

 

25.

Power to require specifications of defective parts or tests of stability.

 

26.

Safety of buildings and machinery.

 

27.

Restrictions on work near machinery in motion.

 

28.

Power to exclude children.

 

29.

Prohibition of employment of women and children near cotton-openers.

 

30.

Notice of certain accidents.

 

31.

Appeals.

 

32.

Power of Provincial Government to make rules to supple­ment this Chapter.

 

33.

Additional power to make health and safety rules relating to —

shelters during rest —

rooms for children —

certificates of stability —

hazardous operations.

 

33A.

Power to make rules for the provision of canteens.

 

CHAPTER IV

RESTRICTIONS ON WORKING HOURS OF ADULTS

34.

Weekly hours.

 

35.

Weekly holiday.

 

35A.

Compensatory holidays.

 

36.

Daily hours.

 

37.

Intervals for rest.

 

38.

Spread over.

 

39.

Notice of Periods for Work for Adults and preparation thereof.

 

40.

Copy of Notice of Periods for Work to be sent to Inspec­tor.

 

41.

Register of Adult Workers.

 

42.

Hours of work to correspond with Notice under section 39 and Register under section 41.

 

43.

Power to make rules exempting from restrictions.

 

44.

Power to make orders exempting from restrictions.

 

45.

Further restrictions on the employment of women.

 

46.

Special provision for night-shifts.

 

47.

Extra pay for overtime.

 

48.

Restriction on double employment.

 

49.

Control of overlapping shifts.

 

CHAPTER — IV A

HOLIDAYS WITH PAY

49A.

Application of Chapter.

 

49B.

Annual holidays.

 

49C.

Pay during annual holidays.

 

49D.

Payment when to be made.

 

49E.

Power of Inspector to act for worker.

 

49F.

Power to make rules.

 

49G.

Exemption of factories from provisions of this Chapter.

 

CHAPTER V

SPECIAL PROVISIONS FOR ADOLESCENTS AND CHILDREN

50.

Prohibition of employment of young children.

 

51.

Non-adult workers to carry tokens giving reference to certificates of fitness.

 

52.

Certificates of fitness.

 

53.

Effect of certificate granted to adolescent

 

54.

Restrictions on the working hours of a child.

 

55.

Notice of Periods for Work for Children.

 

56.

Register of Child Workers.

 

57.

Hours of work to correspond with Notice and Register.

 

58.

Power to require medical examination.

 

59.

Power to make rules.

 

CHAPTER VA

SMALL FACTORIES

59A.

Small Factories.

 

59B.

Certain provisions of this Act to apply to small factories wherein child labour is employed.

 

59C.

Certain other provisions of law not barred.

 

CHAPTER VI

PENALTIES AND PROCEDURE

60.

Penalty for contravention’s of Act and rules.

 

61.

Enhanced penalty in certain cases after previous con­viction.

 

62.

Penalty for failure to give notice of commencement of work or of change of manager.

 

63.

Penalty for obstructing Inspector.

 

64.

Penalty for failure to give notice of accidents.

 

65.

Penalty for failure to make returns.

 

66.

Penalty for smoking or using naked light in vicinity of inflammable material.

 

67.

Penalty for using false certificate.

 

68.

Penalty on guardian for permitting double employment of a child.

 

69.

Penalty for failure to display certain notices.

 

70.

Determination of “occupier” for purposes of this Chap­ter.

 

71.

Exemption of occupier or manager from liability in certain cases.

 

72.

Presumption as to employment.

 

73.

Evidence as to age.

 

74.

Cognizance of offences.

 

75.

Limitation of prosecutions.

 

CHAPTER VII

SUPPLEMENTAL

76.

Display of factory notices.

 

77.

Power of Provincial Government to make rules.

 

78.

Repealed.

 

79.

Publication of rules.

 

80.

Application to Government factories.

 

81.

Protection to persons acting under this Act.

 

82.

Repealed.

 

 

THE SCHEDULE —Repealed.

 

 

Factories Act, 1934

act No. XXV of 1934

20th August, 1934

An Act to consolidate and amend the law regulating labour in factories.

whereas it is expedient to consolidate and amend the law regulating labour in factories; it is hereby enacted as follows:-

 

 

CHAPTER I

PRELIMINARY

 

 

1. Short title, extent and commencement.  — (1) This Act may be called the Factories Act, 1934.

 

(2) It extends to the whole of Pakistan.

 

(3) It shall come into force on the 1st day of January, 1935.

 

2.  Definitions. In this Act, unless there is anything repugnant in the subject or context, —

 

(a) “adolescent” means a person who has completed his fifteenth but has not completed his seventeenth year ;

 

(b) “adult” means a person who has completed his seven­teenth year ;

 

(c) “child” means a person who has not completed his fifteenth year ;

 

(d) “day” means a period of twenty-four hours beginning at midnight ;

 

(e) “week” means a period of seven days beginning at midnight on Saturday night;

 

(f) “power” means electrical energy, and any other form of energy which is mechanically transmitted and is not generated by human or animal agency ;

 

(g) “manufacturing process” means any process —

 

(i) for making, altering, repairing, ornamenting, finishing or packing, or otherwise treating any article or substance with a view to its use, sale, transport, delivery or disposal, or

 

(ii) for pumping oil, water or sewage, or

 

(iii) for generating, transforming or transmitting power ;

 

(h) “worker” means a person employed, whether for wages or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work whatsoever incidental to or connected with the manufacturing process or connected with the subject of the manufacturing process, but does not include any person solely employed in a clerical capacity in any room or place where no manufacturing process is being carried on ;

 

(j) “factory” means any premises including the precincts thereof 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 with the aid of power, or is ordinarily so carried on, but does not include a mine subject to the operation of the Mines Act, 1923 ;

 

(k) “machinery” includes all plant whereby power is generated, transformed, transmitted or applied ;

 

(1) “occupier” of a factory means the person who has ultimate control over the affairs of the factory :

 

Provided that where the affairs of a factory are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory ;

 

(m) where work of the same kind is carried out by two or more sets of workers working during different periods of the day, each of such sets is called a “relay”, and the period or periods for which it works is called a “shift” ; and

 

(n) “prescribed” means prescribed by rules made by the Provincial Government under this Act.

 

3. References to time of day. References to time of day in this Act are references — to Indian Standard Time, which is five and a half hours ahead of Greenwich Mean Time.

Provided that for any area in which Indian Standard Time is not ordinarily observed the Provincial Government may make rules —

(i) specifying the area,

(ii) defining the local mean time ordinarily observed therein, and

(iii) permitting such time to be observed in all or any of the factories situated in the area.

 

4. Seasonal factories.  — (1) For the purposes of this Act, a factory which is exclusively engaged in one or more of the following manufactur­ing processes, namely, cotton ginning, cotton or jute pressing, the decortication of groundnuts, the manufacture of coffee, indigo, lac, rubber, sugar (including gur) or tea, or any manufacturing process which is incidental to or connected with any of the aforesaid processes, is a seasonal factory :

Provided that the Provincial Government may, by noti­fication in the official Gazette, declare any such factory in which manufacturing processes are ordinarily carried on for more than one hundred and eighty working days in the year, not to be a seasonal factory for the purposes of this Act.

 

(2) The Provincial Government may, by notification in the official Gazette, declare any specified factory in which manufacturing processes are ordinarily carried on for not more than one hundred and eighty working days in the year and cannot be carried on except during particular seasons or at times de­pendent on the irregular action of natural forces, to be a seasonal factory for the purposes of this Act.

 

5. Power to apply provisions applicable to factories to certain other places.  — (1) The Provincial Government may, by notification in the official Gazette, declare that all or any of the provisions of this Act applicable to factories shall apply to any place wherein a manufacturing process is being carried on or is ordinarily carried on whether with or without the use of power whenever ten or more workers are working therein or have worked therein on any one day of the twelve months immediately preceding.

 

(2) A notification under sub-section (1) may be made in respect of any one such place or in respect of any class of such places or generally in respect of all such places.

 

(3) Notwithstanding anything contained in clause (j) of section 2, a place, to which all or any of the provisions of this Act applicable to factories are for the time being applicable in pursuance of a declaration under sub-section (1), shall, to the extent to which such provisions are so made applicable but not otherwise, be deemed to be a factory.

 

6. Power to declare departments to be separate factories.  The Provincial Government may, by order in writing, direct that the different departments or branches of a specified factory shall be treated as separate factories for all or any of the purposes of this Act.

 

7. Power to exempt on a change in the factory.  Where the Provincial Government is satisfied that, : following upon a change of occupier of a factory or in the manufacturing processes carried on therein, the number of workers for the time being working in the factory is less than twenty and is not likely to be twenty or more on any day during the ensuing twelve months, it may, by order in writing, exempt such factory from the operation of this Act :

Provided that any exemption so granted shall cease to have effect on and after any day on which twenty or more workers work in the factory.

 

8. Power to exempt during public emergency.  In any case of public emergency the Provincial Government may, by notification in the official Gazette, ; exempt any factory from any or all of the provisions of this Act for such period as it may think fit.

 

9.  Notice to inspector before commencement of work.  — (1) Before work is begun in any factory after the commencement of this Act, or before work is begun in any seasonal b factory each season, the occupier shall send to the Inspector a written notice containing —

 

(a) the name of the factory and its situation,

 

(b) the address to which communications relating to the factory should be sent,

 

(c) the nature of the manufacturing processes to be carried on in the factory,

 

(d) the nature and amount of the power to be used,

 

(e) the name of the person who shall be the manager of the factory for the purposes of this Act, End

 

(f) such other particulars as may be prescribed for the purposes of this Act.

 

(2) Whenever another person is appointed as manager, the occupier shall send to the Inspector a written notice of the change, within seven days from the date in which the new manager assumes charge.

 

(3) During any period for which no person has been designated as manager of a factory under this section, or during which the person designated does not manage the factory, any person found acting as manager, or, if no such person is found, the occupier himself, shall be deemed to be the manager of the factory for the purposes of this Act.

 

 

 

 

CHAPTER II

THE INSPECTING STAFF

 

 

10. Inspectors.  — (1) The provincial Government may, by notifica­tion in the official Gazette, appoint such persons as it thinks fit to be Inspectors for the purposes of this Act within such local limits as it may assign to them respectively.

 

(2) The Provincial Government may, by notification as aforesaid, appoint any person to be a Chief Inspector, who shall, in addition to the powers conferred on a Chief Inspector under this Act, exercise the powers of an Inspector throughout the Province.

 

(3) No person shall be appointed to be an Inspector under sub-section (1) or a Chief Inspector under sub-section (2) or, having been so appointed, shall continue to hold office, who is or becomes directly or indirectly interested in a factory or in any process or business carried on therein or in any patent or machinery connected therewith.

 

(4) Every District Magistrate shall be an Inspector for his district.

 

(5) The Provincial Government may also, by notification as aforesaid, appoint such public officers as it thinks fit to be additional Inspectors for all or any of the purposes of this Act, within such local limits as it may assign to them respectively.

 

(6) In any area where there are more Inspectors than one, the Provincial Government may, by notification as aforesaid, declare the powers which such Inspectors shall respectively exer­cise, and the Inspector to whom the prescribed notices are to be sent.

 

(7) Every Chief Inspector and Inspector shall be deemed to be a public servant within the meaning of the Pakistan Penal Code and shall be officially subordinate to such authority as the Provincial Government may specify in this behalf.

 

11. Powers of Inspector.  Subject to any rules made by the Provincial Govern­ment in this behalf, an Inspector may, within the local limits for which he is appointed, —

 

(a) enter, with such assistants (if any), being persons in the service of the State or of any municipal or other public authority, as he thinks fit, any place which is, or which he has reason to believe to be, used as a factory or capable of being declared to be a factory under the provisions of section 5 ;

 

(b) make such examination of the premises and plant and of any prescribed registers, and take on the spot or otherwise such evidence of any persons as he may deem necessary for carrying out the purposes of this Act ; and

 

(c) exercise such other powers as may be necessary for carrying out the purposes of this Act :

Provided that no one shall be required under this section to answer any question or give any evidence tending to criminate himself.

 

12. Certifying surgeons.  — (1) The Provincial Government may appoint such registered medical practitioners as it thinks fit to be certifying surgeons for the purposes of this Act within such local limits as it may assign to them respectively.

 

(2) A certifying surgeon may authorise any registered medical practitioner to exercise any of his powers under this Act:

 

Provided that a certificate of fitness for employment granted by such authorised practitioner shall be valid for a period of three months only, unless it is confirmed by the certifying surgeon himself after examination of the person concerned.

 

Explanation. —In this section a “registered medical practi­tioner” means any person registered under the Medical Act, 1858, 2 or any subsequent enactment amending it, or under any Act of g the Central Legislature or any Provincial Legislature providing for the maintenance of a register of medical practitioners, and includes, in any area where no such register is maintained, any person declared by the Provincial Government, by notification in the 3 official Gazette, to be a registered medical practitioner for the purposes of this section.

 

 

 

CHAPTER III

HEALTH AND SAFETY

 

 

13. Cleanliness.  Every factory shall be kept clean and free from effluvia arising from any drain, privy or other nuisance, and shall be cleansed at such times and by such methods as may be pres­cribed, and these methods may include lime-washing or colour ­washing, painting, varnishing, disinfecting and deodorising.

 

14. Ventilation.  — (1) Every factory shall be ventilated in accordance with such standards and by such methods as may be prescribed.

 

(2) Where gas, dust or other impurity is generated in the course of work, adequate measures shall be taken to prevent injury to the health of workers.

 

(3) If it appears to the Inspector that in any factory gas, dust or other impurity generated in the course of work is being inhaled by the workers to an injurious extent, and that such generation or inhalation could be prevented by the use of me­chanical or other devices, he may serve on the manager of the factory an order in writing, directing that mechanical or other devices for preventing such generation or inhalation shall be provided before a specified date, and shall thereafter be main­tained in good order and used throughout working hours.

 

(4) The Provincial Government may make rules for any class of factories requiring mechanical or other devices to be provided and maintained for preventing the generation or inhala­tion of gas, dust or other impurities, which may be injurious to workers and specifying the nature of such devices.

 

15. Artificial humidification.  — (1) The Provincial Government may make rules —

(a) prescribing standards for the cooling properties of the air in factories in which the humidity of the air is artificially increased ;

 

(b) regulating the methods used for artificially increasing the humidity of the air ; and

 

(c) directing prescribed tests for determining the humidity and cooling properties of the air to be carried out and recorded.

 

(2) In any factory in which the humidity of the air is arti­ficially increased, the water used for the purpose shall be taken from a public supply or other source of drinking water, or shall be effectively purified before it is so used.

 

(3) If it appears to the Inspector that the water used in a factory for increasing humidity which is required to be effectively purified under sub-section (2) is not effectively purified, he may serve on the manager of the factory an order in writing, specify­ing the measures which in his opinion should be adopted, and requiring them to be carried out before a specified date.

 

16. Cooling.  If it appears to the Chief Inspector or to an Inspector specially authorised in this behalf by the Provincial Govern­ment that the cooling properties of the air in any factory are at times insufficient to secure workers against injury to health or against serious discomfort, and that they can be to a great extent increased by measures which will not involve an amount of expense which is unreasonable in the circumstances, the Chief Inspector may serve on the manager of the factory an order in writing, specifying the measures which in his opinion should be adopted, and requiring them to be carried out before a specified date.

 

17. Overcrowding.  In order that no room in a factory shall be crowded during working hours to a dangerous extent or to an extent which may be injurious to the health of the workers, the propor­tion which the number of cubic feet of space in a room and the number of superficial feet of its floor area bears to the number of workers working at any time therein shall not be less than such standards as may be prescribed either generally or for the particular class of work carried on in the room.

 

18.  Lighting.  — (1) A factory shall be sufficiently lighted during all  working hours.

 

(2) If it appears to the Inspector that any factory is not sufficiently lighted, he may serve on the manager of the factory an order in writing, specifying the measures which in his opinion should be adopted, and requiring them to be carried out before a specified date.

 

(3) The Provincial Government may make rules requir­ing that all factories of specified classes shall be lighted in ac­cordance with prescribed standards.

 

19. Water.  — (1) In every factory a sufficient supply of water fit for drinking shall be provided for the workers at suitable places.

 

(2) The supply required by sub-section (1) shall comply with such standards as may be prescribed.

 

(3) In every factory , a sufficient supply of water suitable for washing shall be provided for the use of workers, at suitable places and with facilities for its use, according to such standards as may be prescribed.

 

20. Latrines and urinals.  For every factory sufficient latrines and urinals, accord­ing to the prescribed standards, shall be provided, for male workers and for female workers separately, of suitable patterns and at convenient places as prescribed, and shall be kept in a clean and sanitary condition during all working hours.

 

21. Doors to open out wards.  In every factory the doors of each room in which more than twenty persons are employed shall, except in the case of sliding doors, be constructed so as to open outwards, or, where the door is between two rooms, in the direction of the nearest exit from the building, and no such door shall be locked or obstructed while any work is being carried on in the room.

 

22. Precautions against fire.  In every factory such precautions against fire shall be taken as may be prescribed.

 

23. Means of escape.  — (1) Every factory shall be provided with such means of escape in case of fire as may be prescribed,

 

(2) If it appears to the Inspector that any factory is not so provided, he may serve on the manager of the factory an order in writing, specifying the measures which in his opinion should be adopted, and requiring them to be carried out before a specified date.

 

(3) The means of escape shall not be obstructed while any work is being carried on in the factory.

 

24. Fencing.  — (1) In every factory the following shall be kept ade­quately fenced, namely : —

 

(a) every exposed moving part of a prime-mover and every flywheel directly connected to a prime-mover,

 

(b) every hoist or lift, hoist-well or lift-well, and every trap-door or similar opening near which any person may have to work or pass, and

 

(c) every part of the machinery which the Provincial Government may prescribe.

 

(2) If it appears to the Inspector that any other part of the machinery in a factory is dangerous if not adequately fenced, he may serve on the manager of the factory an order in writing, specifying the measures which in his opinion should be adopted, and requiring them to be carried out before a specified date.

 

(3) All fencing required by or under this section or under sub-section (1) of section 26 shall be maintained in an efficient state at all times when the workers have access to the parts re­quired to be fenced except where they are under repair or are under examination in connection with repair or are necessarily exposed for the purpose of cleaning or lubricating or altering the gearing or arrangements of the machinery.

 

(4) Such further provisions as may be prescribed shall be made for the protection from danger of persons employed in attending to the machinery in a factory.

 

25. Power to require specifications of defective parts or tests of stability.  If it appears to the Inspector that any building or part of a building, or any part of the ways, machinery or plant in a factory is in such a condition that it may be dangerous to human life or safety, he may serve on the manager of the factory an order in writing requiring him before a specified date —

 

(a) to furnish such drawings, specifications and other particulars as may be necessary to determine whether such building, ways, machinery or plant can be used with safety, or

 

(b) to carry out such tests as may be necessary to deter­mine the strength or quality of any specified parts and to inform the Inspector of the results thereof.

 

26. Safety f buildings and machinery.  — (1) If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it is dangerous to human life or safety, he may serve on the manager of the factory an order in writing specifying the measures which in his opinion should be adopted, and requiring them to be carried out before a specified date.

 

(2) If it appears to the Inspector that the use of any build­ing or part of a building or of any part of the ways, machinery or plant in a factory involves imminent danger to human life or safety, he may serve on the manager of the factory an order in writing prohibiting its use until it has been properly repaired or altered.

 

27. Restrictions on work near machinery in motion.  — (1) No woman or child shall be allowed to clean or oil any part of the machinery of a factory while that part is in motion under power, or to work between moving parts or between fixed and moving parts of any machinery which is in motion under power.

 

(2) The Provincial Government may, by notification in the 2official Gazette, prohibit, in any specified factory or class of factories, the cleaning or oiling by any person of specified parts of machinery when these parts are in motion under power.

 

28. Power to exclude children.  — (1) The Provincial Government may make rules prohibiting the admission to any specified class of factories, or to specified parts thereof, of children who cannot be lawfully employed therein.

 

(2) If it appears to the Inspector that the presence in any factory or part of a factory of children who cannot be lawfully employed therein may be dangerous to them or injurious to their health, he may serve on the manager of the factory an order in writing directing him to prevent the admission of such children to the factory or any part of it.

 

29. Prohibition of employment of women and children near cotton openers.  No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton-opener is at work :

Provided that, if the feed-end of a cotton-opener is in a room separated from the delivery end by a partition extending to the roof, or to such height as the Inspector may in any particular case specify in writing, women and children may be employed on the side of the partition where the feed-end is situated.

 

30. Notice of certain accidents.  Where in any factory an accident occurs which causes death, or which causes any bodily injury whereby any person in­jured is prevented from resuming his work in the factory during the forty-eight hours after the accident occurred, or which is of any nature which may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.

 

31. Appeals.  — (1) The manager of a factory on whom an order in writing by an Inspector has been served under the provisions of this Chapter, or the occupier of the factory, may, within thirty days of the service of the order, appeal against it to the Pro­vincial Government, or to such authority as the Provincial Government may appoint in this behalf, and the Provincial Government or appointed authority may, subject to rules made in this behalf by the Provincial Government, confirm, modify or reverse the order.

 

(2) The appellate authority may, and if so required in the petition or appeal shall, hear the appeal with the aid of assessors, one of whom shall be appointed by the appellate authority and the other by such body representing the industry concerned as the Provincial Government may prescribe in this behalf :

Provided that if no assessor is appointed by such body, or if the assessor so appointed fails to attend at the time and place fixed for hearing the appeal, the appellate authority may, unless satisfied that the failure to attend is due to sufficient cause, proceed to hear the appeal without the aid of such assessor, or, if it thinks fit, without the aid of any assessor.

 

(3) In the case of an appeal against an order under section 16 the appellate authority shall, and in any other case except an appeal against an order under sub-section (2) of section 26 or sub-section (2) of section 28 the appellate authority may, suspend the order appealed against pending the decision of the appeal, subject however to such conditions as to partial compliance or the adoption of temporary measures as it may choose to impose in any case.

 

32. Power of provincial Government to make rules to supplement this chapter.  The Provincial Government may make rules — (a) providing for any matter which, according to any of the provisions of this Chapter, is or may be pres­cribed ;

 

(b) requiring the managers of factories to maintain stores of first-aid appliances and provide for their proper custody ;

 

(c) providing against danger arising from the use of mechanical transport in factories, other than railways subject to the Railways Act, 1890 ;

 

(d) prescribing the manner of the service of orders under this Chapter on managers of factories ;

 

(e) regulating the procedure to be followed in presenting and hearing appeals under section 31, and the appointment and remuneration of assessors ;

 

(f) regulating the exercise by Inspectors of their powers under this Chapter ; and

 

(g) providing for any other matter which may be ex­pedient in order to give effect to the provisions of this Chapter.

 

33. Additional power to make health and safety rules relating to shelters during rest, — rooms for children,  — (1) The Provincial Government may make rules l requiring that in any specified factory wherein more than one hundred and fifty workers are ordinarily employed, an adequate shelter shall be provided for the use of workers during periods of rest, and such rules may prescribe the standards of such shelters.

(2) The Provincial Government may also make rules —

 

(a) requiring that in any specified factory, wherein more than fifty women workers are ordinarily employed, a suitable room shall be reserved for the use of children under the age of six years belonging to such women, and

 

(b) prescribing the standards for such rooms and the nature of the supervision to be exercised over the children therein.

 

Certificates of stability, — (3) The Provincial Government may also make rules, for any class of factories and for the whole or any part of the Province, requiring that work on a manufacturing process carried on with the aid of power shall not be begun in any building or part of a building erected or taken into use as a factory after the commencement of this Act, until a certificate of stability in the prescribed form, signed by a person possessing the prescribed qualifications, has been sent to the Inspector.

 

Hazardous operations. (4) Where the Provincial Government is satisfied that any operation in a factory exposes any persons employed upon it to a serious risk of bodily injury, poisoning -or disease, it may make rules applicable to any factory or class of factories in which the operation is carried on —

 

(a) specifying the operation and declaring it to be hazard­ous,

 

(b) prohibiting or restricting the employment of women, adolescents or children upon the operation,

 

(c) providing for the medical examination of persons employed or seeking to be employed upon the opera­tion and prohibiting the employment of persons not certified as fit for such employment, and

 

(d) providing for the protection of all persons employed upon the operation or in the vicinity of the places where it is carried on.

 

33A. Power to make rules for the provision of canteens.    — (1) The provincial Government may make rules requiring that in any specified factory wherein more than two hundred and fifty workers are ordinarily employed, an adequate canteen shall be provided for the use of the workers.

 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for —

 

(a) the date by which such canteen shall be provided ;

 

(b) the standards in respect of construction, accommoda­tion, furniture and other equipment of the canteen ;

 

(c) the foodstuffs to be served therein and the charges which may be made therefor ;

 

(d) representation of the workmen in the management of the canteens ;

 

(e) enabling, subject to such conditions, if any, as may be specified, the power to make rules under clause (c) to be exercised also by the Chief Inspector.

 

 

 

 

CHAPTER IV

RESTRICTIONS ON WORKING HOURS OF ADULTS

 

 

34. Weekly hours.  No adult worker shall be allowed to work in a factory for more than forty-eight hours in any week, or, where the factory is a seasonal one, for more than -fifty hours in any week :

Provided that an adult worker in a factory engaged in work which for technical reasons must be continuous throughout the day may work for fifty-six hours in any week.

 

35. Weekly holiday.  — (1) No adult worker shall be allowed to work in a fac­tory on a Sunday unless —-

 

(a) he has had or will have a holiday for a whole day on one of the three days immediately before or after that Sunday, and

 

(b) the manager of the factory has, before that Sunday or the substituted day, whichever is earlier, —

 

(i) delivered a notice to the office of the Inspector of his intention to require the worker to work on the Sunday and of the day which is to be substituted, and

 

(ii) displayed a notice to that effect in the factory :

Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.

 

(2) Notices given under sub-section (1) may be cancelled by a notice delivered to the office of the Inspector and a notice displayed in the factory not later than the day before the Sunday or the holiday to be cancelled, whichever is earlier.

 

(3) Where, in accordance with the provisions of sub-section (1), any worker works on a Sunday and has had a holiday on one of the three days immediately before it, that Sunday shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.

 

35A. Compensatory holidays.  — (1) Where, as a result of the passing of an order or the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 35, a worker is deprived of any of the weekly holidays for which provision is made by sub-section (1) of that section, he shall be allowed, as soon as circumstances permit, compensatory holidays of equal number to the holidays so lost.

(2) The Provincial Government may make rules prescribing the manner in which the holidays, for which provision is made in sub-section (1), shall be allowed.

 

36.  Daily hours.  No adult worker shall be allowed to work in a factory for more than nine hours in any day:

Provided that a male adult worker in a seasonal factory may work for ten hours in any day.

 

37. Intervals for rest.  The periods of work of adult workers in a factory during each day shall be fixed either —

 

(a) so that no period shall exceed six hours, and so that no worker shall work for more than six hours before he has had an interval for rest of at least one hour ; or

 

(b) so that no period shall exceed five hours and so that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour, or for more than eight and a half hours before he has had at least two such intervals.

 

38. Spread over.  The periods of work of an adult worker in a factory shall be so arranged that along with his intervals for rest under section 37, they shall not spread over more than -ten and a half hours, or where the factory is a seasonal one, eleven and a half hours in any day, save with the permission of the Provincial Government and subject to such conditions as it may impose, either generally or in the case of any particular factory.

 

39. Notice of periods for work for adults and preparation thereof.  — (1) There shall be displayed and correctly maintained in every factory in accordance with the provisions of sub-section (2) of section 76 a Notice of Periods for Work for Adults showing clearly the periods within which adult workers may be required to work.

 

(2) The periods shown in the Notice required by sub-section (1) shall be fixed beforehand in accordance with the following provisions of this section and shall be such that workers working for those periods would not be working in contravention of any of the provisions of sections 34, 35, 36, 37 and 38.

 

(3) Where all the adult workers in a factory are required to work within the same periods, the manager of the factory shall fix those periods for such workers generally.

 

(4) Where all the adult workers in a factory are not required to work within the same periods, the manager of the factory shall classify them into groups according to the nature of their work.

 

(5) For each group which is not required to work on a sys­tem of shifts, the manager of the factory shall fix the periods within which the group may be required to work.

 

(6) Where any group is required to work on a system of shifts and the relays are not to be subject to predetermined period­ical changes of shift, the manager of the factory shall fix the periods within which each relay of the group may be required to work.

 

(7) Where any group is to work on a system of shifts and the relays are to be subject to predetermined periodical changes of shifts, the manager of the factory shall draw up a scheme of shifts where under the periods within which any relay of the group may be required to work and the relay which will be working at any time of the day shall be known for any day.

 

(8) The Provincial Government may make rules pres­cribing forms for the Notice of Periods for Work for Adults and the manner in which it shall be maintained.

 

40. Copy of Notice of periods for work to be sent to inspector.  — (1) A copy of the Notice referred to in sub-section (1) of section 39 shall be sent in duplicate to the Inspector within fourteen days after the commencement of this Act, or, if the fact­ory begins work after the commencement of this Act, before the day on which it begins work.

 

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