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PROVINCIAL ASSEMBLY OF SINDH
NOTIFICATION
KARACHI, THE 29TH APRIL, 2016.
NO.PAS/Legis-B-35/2015-
The Sindh Factories Bill, 2015 having been passed by the
Provincial Assembly of Sindh on 21st March, 2016 and assented to by the Governor of Sindh
on 25th April, 2016 is hereby published as an Act of the Legislature of Sindh.
THE SINDH FACTORIES ACT, 2015.
SINDH ACT NO. XIII OF 2016.
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 and for matters ancillary thereto;
Preamble.
It is hereby enacted as follows: -
1. (1) This Act may be called the Sindh Factories Act, 2015.
(2) It shall extend to the whole of the Sindh of Province.
(3) It shall come into force on such date as Government may notify in
the official gazette.
Short title,
extent and
commencement,
2. In this Act, unless there is anything repugnant in the subject or
context.-
(a) "adolescent" means a person who has completed his
fourteenth year but has not completed his eighteenth year;
(b) "adult" means a person who has completed his eighteenth
year;
(c) "child" means a person who has not completed the age of
fourteenth year;
(d) "day" means a period of twenty-four hours beginning at midnight;
(e) "factory" means any premises, including the precincts
thereof, 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
or is ordinarily carried on with or without the aid of power,
but does not include a mine, subject to the operation of the
Mines Act, 1923 (IV of 1923);
(f) “Government” means the Government of Sindh;
(g) "machinery" includes all plant whereby power is generated,
transformed, transmitted or applied;
(h) "manufacturing process" means any process –
Definitions.
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(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;
(i) "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;
(j) "power" means electric energy, and any other form of energy
which is mechanically transmitted and is not generated by
human or animal agency;
(k) "prescribed" means prescribed by rules made by the
Provincial Government under this Act.
(l) "week" means a period of seven days beginning at mid-night
on Saturday night;
(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) “worker” means a person employed 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 subject
of the manufacturing process and includes clerical staff, but
does not include occupier and manager having the hiring and
firing authority; provided that no worker shall be employed
through an agency or contractor or sub-contractor or
middleman or agent, to perform production related work.
3. Reference to time of day in this Act are references to Standard
Time which is five hours ahead of Greenwich Mean Times:
Provided that for any area, in which Standard Time is ordinarily
observed, 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.
Reference to time of
day.
4. (1) For the purposes of this Act, a factory, which is exclusively
engaged in one or more of the following manufacturing processes,
Seasonal
factories.
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namely, cotton ginning, cotton or cotton jute pressing, cotton seed oil
extraction, fruit processing, rice husking, the decortications of
groundnuts, the manufacture of sugar (including gur) or any of the
aforesaid processes, is a seasonal factory:
Provided that 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) Government may, by notification in the Official Gazette, declare
any specified factory in which manufacturing processes are ordinarily
carried on for more than one hundred and eighty working days in the year
and cannot be carried on except during particular season or at times
dependent on the irregular action of natural forces, to be a seasonal
factory for the purposes of this Act.
5. (1) 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
five 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 (e) 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.
Power to apply
provisions applicable
to factories to certain
other places.
6. 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.
Power to declare
departments to be
separate factories.
7. When Government is satisfied that following upon a change of
occupier of a factory or in the manufacturing process 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 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.
Power to exempt on
a change in the
factory.
8. The provisions of section 16, clause (b) of sub-section (1) of
section 17, sections 18, 19, 20, 23, 24, 25, 29 and sub-section (3) of
section 53 shall not apply in the first instance to any factory where not
more than nineteen workers are working or were working on any one day
of the twelve months immediately preceding:
Provided that Government may, by notification in the official
gazette, apply all or any of the said provision to any such factory or any
class of such factories.
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9. In any case of public emergency, 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.
Power to exempt
during public
emergency.
10. (1) Before work is begun in any factory after the commencement of
this Act, or before work is begun in any seasonal 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; and
(f) such other particulars as may be prescribed for the purposes of
this Act.
(2) In respect of all factories which come within the scope of this Act,
the occupier shall send a written notice to the Inspector containing
particulars specified in sub-section (1) within thirty days of such
commencement.
(3) 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 on which the new manager assumes charge.
(4) 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.
Notice to
Inspector before
commencement of
work.
11. (1) No occupier of a factory shall be allowed to start manufacturing
process unless he has obtained factory registration certificate from the
Directorate of Labour.
Provided that no registration certificate shall be issued
unless the occupier of a factory provides the requisite documents
as specified in the rules:
Provided further that in case of Factories not registered
prior to commencement of this Act, it shall get registration within
sixty days from the commencement of this Act:
Provided also that the registration documents be
supported by No Objection Certificates from Industries
Department, approval of Sindh Environmental Protection Agency
(SEPA) and any other document or forms in the prescribed
manner.
(2) On the request of the occupier of a factory, the Directorate of
Labour, after having satisfying itself to the effect that the factory has lost
the status of a factory as laid down in this Act and is not likely to resume
the status in the ensuing twelve months, may de-register a factory.
Registration and deregistration
of
factory.
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CHAPTER-II
The Inspecting Staff
12. (1) 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) 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 of Sindh.
(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 Deputy Commissioner shall be an Inspector for his district.
(5) 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, Government
may by notification as aforesaid declare the powers which such Inspectors
shall respectively exercise, and the Inspectors 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 (XLV of 1860)
and shall be officially subordinate to such authority as Government may
specify in this behalf.
Inspectors.
13. Subject to any rules made by 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 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.
Powers of Inspector.
14. (1) Government may appoint such registered medical practitioners as Certifying surgeons.
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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 authorize any registered medical
practitioner to exercise any of his powers under this Act:
Provided that a certificate of fitness for employment granted by
such authorized 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 any Act of the Federal Legislature or
any Provincial Legislature providing for the maintenance of a register of
medical practitioners.
CHAPTER III
Health and Safety
15. (1) Every factory shall be kept clean and free from effluvia arising
from any drain, privy or other nuisance, and in particular -
(a) accumulation of dirt and refuse shall be removed daily by
sweeping or by any other effective method from the floors and
benches of work-rooms and from staircases and disposed of in a
suitable manner;
(b) the floor of every work-room shall be cleaned at least once in
every week by washing, using disinfectant where necessary or by
some other effective method;
(c) where the floor is liable to become wet in the course of any
manufacturing process to such extent as is capable of being
drained, the effective means of drainage shall be provided and
maintained;
(d) all inside walls and partitions, all ceilings, or tops of rooms and
walls, sides and tops or passages and staircases shall –
(i) where they are painted or varnished, be repainted or revarnished
at least once in every five years;
(ii) where they are painted or varnished and have smooth
impervious surfaces, be cleaned at least once in every
fourteen months, by such methods as may be prescribed;
(iii) in any other case, kept whitewashed or colour washed and
the whitewashing or colour washing shall be carried out at
least once in every fourteen months ; and
(e) the dates on which the processes required by clause (d) are
carried out shall be entered in the prescribed register.
(2) If, in view of the nature of the operations carried on in a factory it
is not possible for the occupier to comply with all or any of the provisions
of sub-section (1), Government may, by an order, exempt such factory or
class or description of factories from any of the provisions of that subsection
and specify alternative methods for keeping the factory in a clean
state.
Cleanliness.
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16. (1) Effective arrangements shall be made in every factory for the
disposal of wastes and effluents due to the manufacturing process carried
on therein.
(2) Government may make rules prescribing the arrangements to be
made under sub-section (1) or requiring that the arrangements made in
accordance with that sub-section shall be subject to the approval of such
authority as may be prescribed.
Disposal of
wastes and effluents.
17. (1) The effective and suitable provisions shall be made in every
factory for securing and maintaining in every work-room -
(a) adequate ventilation by the circulation of fresh air; and
(b) such temperature as will secure to workers therein
reasonable conditions of comfort and prevent injury to
health, and in particular –
(i) the walls and roofs shall be of such material and so
designed that such temperature shall not be exceeded
but kept as low as practicable;
(ii) where the nature of the work carried on in the factory
involves, or is likely to involve, the production of
excessively high temperature, such adequate measures
as are practicable shall be taken to protect the workers
therefrom by separating the process which produces
such temperature from the work-room by insulating
the hot parts or by other effective means.
(2) Government may prescribe a standard of adequate ventilation and
reasonable temperature for any factory or class or description of factories
or parts thereof and direct that a thermometer shall be provided and
maintained in such place and position as may be specified.
(3) If it appears to Government that in any factory or class or
description of factories excessively high temperature can be reduced by
such methods as whitewashing, spraying or insulating and screening
outside walls or roofs or windows, or by raising the level of the roof, or
by insulating the roof either by an air space and double roof or by the use
of insulating roof materials, or by other methods, it may prescribe such of
these or other methods to be adopted in the factory.
Ventilation and
temperature.
18. (1) In every factory in which, by reason of the manufacturing process
carried on, there is given off any dust or fume or other impurity of such a
nature and to such an extent as is likely to be injurious or offensive to the
workers employed therein, effective measures shall be taken to prevent its
accumulation in any work-room and its inhalation by workers and if any
exhaust appliance is necessary for this purpose, it shall be applied as near
as possible to the point of origin of the dust, fume or other impurity, and
such point shall be enclosed so far as possible.
(2) No stationary internal combustion engine shall be operated in any
factory unless the exhaust is conducted into open air and exhaust pipes are
insulated to prevent scalding and radiation heat, and no internal
combustion engine shall be operated in any room unless effective
measures have been taken to prevent such accumulation of fumes there
from as are likely to be injurious to the workers employed in the workroom.
Dust and fume.
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19. (1) Government may, in respect of all factories in which humidity of
the air is artificially increased, make rules -
(a) prescribing standards of humidification;
(b) regulating the methods used for artificially increasing the
humidity of the air;
(c) directing prescribed tests for determining the humidity of
the air to be correctly carried out and recorded; and
(d) prescribing methods to be adopted for securing adequate
ventilation and cooling of the air in the work-rooms.
(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 an 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.
Artificial
humidification.
20. (1) No work-room in any factory shall be over-crowded to an extent
injurious to the health of the workers employed therein.
(2) Without prejudice to the generality of the provisions of sub-section
(1), there shall be provided for every worker employed in a work-room at
least five hundred cubic feet of space.
Explanation:- For the purpose of this sub-section no account
shall be taken of a space which is more than fourteen feet above the level
of the floor of the room.
(3) If the Chief Inspector by order in writing so requires, there shall
be posted in each work-room of a factory a notice specifying the
maximum number of workers who may in compliance with the provisions
of this section, be employed in the room.
(4) The Chief Inspector may, by order in writing, exempt, subject to
such conditions as he may think fit to impose, any work-room from the
provisions of this section if he is satisfied that compliance therewith in
respect of such room is not necessary for the purpose of health of the
workers employed therein.
Overcrowding.
21. (1) In every part of a factory where workers are working or passing,
there shall be provided and maintained –
(a) sufficient and suitable lighting, natural or artificial, or both;
and
(b) emergency lighting of special points in work-room and
passages to function automatically in case of a failure of the
ordinary electric system.
(2) In every factory, all glazed windows and sky-lights used for the
lighting of the work-room, shall be kept clean on both the outer and inner
Lighting.
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surfaces and free from obstruction as far as possible under the rules
framed under sub-section (3) of section 18.
(3) In every factory, effective provisions shall, so far as is practicable,
be made for the prevention of -
(a) glare either directly from any source of light or by reflection
from a smooth or polished surface; and
(b) the formation of shadows to such an extent as to cause eye
strain or risk of accident to any worker.
(4) Government may prescribe standards of sufficient and suitable
lighting for factories or for any class or description of factories or for any
manufacturing process.
22. (1) In every factory, effective arrangements shall be made to provide
and maintain at suitable points conveniently situated for all workers
employed therein, a sufficient supply of whole-some drinking water.
(2) All such points shall legibly be marked as "Drinking Water" in a
language understood by the majority of the workers and no such point
shall be situated within twenty feet of any washing place, urinal or latrine,
unless a shorter distance is approved in writing by the Chief Inspector.
(3) In every factory, wherein more than two hundred and fifty workers
are ordinarily employed, provision shall be made for cooling the drinking
water during the hot weather by effective means and for distribution
thereof and arrangements shall also be made for -
(a) the daily renewal of water if not laid on; and
(b) a sufficient number of cups or other drinking vessels, unless
the water is being delivered in an upward jet.
(4) Government may, in respect of all factories or any class or
description of factories, make rules for securing compliance with the
provisions of this section.
Drinking Water.
23. (1) In every factory -
(a) sufficient latrines and urinals of prescribed types shall be
provided conveniently situated and accessible to workers at
all times while they are in the factory;
(b) enclosed latrines and urinals shall be provided separately for
male and female workers;
(c) such latrines and urinals shall be adequately lighted and
ventilated and no latrine and urinal shall, unless specially
exempted in writing by the Chief Inspector, communicate
with any workroom except through an intervening open space
or ventilated passage;
(d) all such latrines and urinals shall be maintained in a clean and
sanitary condition at all times with suitable detergents or
disinfectants or with both;
(e) the floors and internal walls of the latrines and urinals and the
sanitary blocks shall, up to a height of three feet, be finished
to provide a smooth polished impervious surface; and
Latrines and urinals.
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(f) washing facilities shall be provided near every sanitary
convenience.
(2) Government may prescribe the number of latrines and urinals to be
provided in any factory in proportion to the number of male and female
workers ordinarily employed therein and such further matters in respect of
sanitation in the factories as it may deem fit.
24. (1) In every factory, there shall be provided, at convenient places, a
sufficient number of spittoons which shall be maintained in a clean and
hygienic condition.
(2) Government may make rules prescribing the type and the number
of spittoons to be provided and their location in any factory and such
further matters as may be deemed necessary relating to their maintenance
in a clean and hygienic condition.
(3) No person shall spit within the premises of a factory except in the
spittoons provided for the purpose. A Notice containing this provision and
the penalty for its violation shall be prominently displayed at suitable
places in the premises.
(4) Whosoever spits in contravention of sub-section (3) shall be
punishable with a fine not exceeding one hundred rupees.
Spittoons.
25. (1) Each worker in a factory shall be provided with a "hygiene card' in
which during the month of January and July every year the entries shall
be recorded after examination by appointed factory doctor to the effect
that the worker is not suffering from any contagious or infectious disease.
The fee of such an examination shall be fixed by Government and will be
borne by the occupier or manager of the factory.
(2) If a worker is found to be suffering from any contagious or
infectious disease on an examination under sub-section (1), he shall not be
appointed on work till he is declared free of such a disease.
Precautions against
contagious or
infectious disease.
26. Each worker in a factory shall be vaccinated and inoculated
against such diseases and at such intervals as may be prescribed, and the
expenses of such vaccination and inoculation, if any, shall be borne by the
occupier or manager of the factory.
Compulsory
vaccination and
inoculation.
27. (1) 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;
Power to make rules
for provision of
canteens.
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(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.
28. In every factory wherein not less than five hundred workers are
ordinarily employed, the occupier or manager shall employ such number
of welfare officers, having such qualifications, to perform such duties and
on such terms and conditions as may be prescribed.
Welfare Officer.
29. (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 provided with
the means of escape prescribed under sub-section (1), he may serve on the
manager of the factory an order in writing specifying the measures which
should be adopted before a date specified in the order.
(3) In every factory, the doors affording exit from any room shall not
be locked or fastened so that they can be easily and immediately opened
from inside while any person is within the room, and all such doors,
unless they are of the sliding type, shall be constructed to open outwards
or where the door is between two rooms, in the direction of the nearest
exit from the building and such door shall not be locked or obstructed
while work is being carried on in the room and shall at all times be kept
free from any obstruction.
(4) In every factory, every window, door or other exit affording means
of escape in case of fire, other than means of exit in ordinary use, shall be
distinctively marked in a language understood by the majority of the
workers and in red letters of adequate size or by some other effective and
clearly understood sign.
(5) In every factory, there shall be provided effective and clearly
audible means of giving warning in case of fire to every person employed
therein.
(6) A free passage-way giving access to each means of escape in case
of fire shall be maintained for the use of all workers in every room of the
factory.
(7) In every factory wherein more than ten workers are ordinarily
employed in any place above the ground floor, or explosive or highly
inflammable materials are used or stored, effective measures shall be
taken to ensure that all the workers are familiar with the means of escape
in case of fire and have been adequately trained in the routine to be
followed in such case.
(8) Government may make rules prescribing in respect of any factory,
or class or description of factories, the means of escape to be provided in
case of fire and the nature and amount of firefighting apparatus to be
provided and maintained.
Precautions in case
of fire.
30. (1) In every factory the following shall be securely fenced by the
safeguards of substantial construction which shall be kept in position
while the parts of machinery required to be fenced are in motion or in use,
namely -
Fencing of
machinery.
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(a) every moving part of a prime mover, and every fly wheel
connected to a prime mover;
(b) the headrace and tailrace of every water wheel and water
turbine;
(c) any part of a stock-bar which projects beyond head stock of
a lathe; and
(d) unless they are in such position or of such construction as to
be as safe to every person employed in the factory as they
would be if they were securely fenced -
(i) every part of an electric generator, a motor or rotary
convertor;
(ii) every part of transmission machinery; and
(iii) every dangerous part of any machinery:
Provided that in the case of dangerous parts of
machinery that cannot be securely fenced by reason of
the nature of operation, such fencing may be substituted
by other adequate measures, such as -
(i) devices automatically preventing the operation
from coming into contact with the dangerous
parts; and
(ii) automatic stopping devices:
Provided further that for the purpose of
determining whether any part of machinery is in
such position or is of such construction as to be
safe as aforesaid, account shall not be taken of any
occasion when it being necessary to make an
examination of the machinery while it is in motion
or, as a result of such examination, to carry out
any mounting or shipping of belts, lubrication or
other adjusting operation while the machinery is in
motion, such examination or operation is made or
carried out in accordance with the provisions of
section
31.
(2) Without prejudice to any other provisions of this Act relating to
the fencing of machinery, every set screw, bolt and key on any revolving
shaft, spindle wheel or pinion and all spur, worm and other toothed or
friction gearing in motion with which such worker, should otherwise be
liable to come into contact, shall be securely fenced to prevent such
contact.
(3) Government may exempt, subject to such conditions as may be
imposed, for securing the safety of the workers, any particular machinery
or part from the provisions of this section.
(4) Government may, by rules, prescribe such further precautions as
it may consider necessary in respect of any particular machinery or part
thereof.
31. (1) Where in any factory it becomes necessary to examine any part of
machinery referred to in section 30 while the machinery is in motion, or
as a result of such examination to carry out any mounting or shipping of
Work on or near
machinery in motion.
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belts, lubrication or other adjusting operation while the machinery is in
motion, such examination or operation shall be made or carried out only
by a specially trained adult male worker wearing tight fitting clothing
whose name has been recorded in the register prescribed in this behalf and
while he is so engaged, such worker shall not handle a belt at a moving
pulley unless the belt is less than six inches in width and unless the belt
joint is either laced or flush with the belt.
(2) No woman or child shall be allowed in any factory to clean,
lubricate or adjust any part of machinery while that part is in motion, or to
work between moving parts or between fixed and moving parts of any
machinery which is in motion.
(3) Government may, by notification in the official Gazette, prohibit
in any specified factory or class or description of factories, the cleaning,
lubricating or adjusting by any person, of specified parts of machinery
when those parts are in motion.
32. (1) No adolescent shall work at any machine unless he has been fully
instructed as to the dangers arising in connection with the machine and
the precautions to be observed and -
(a) has received sufficient training in work at the machine; or
(b) is under adequate supervision by a person who has thorough
knowledge and experience of the machine.
(2) This section shall apply to such machines as may be notified by
Government to be of such a dangerous character that children or
adolescents ought not to work at them unless the foregoing requirements
are complied with.
Employment of
young persons on
dangerous machines.
33. (1) In every factory -
(a) suitable striking gear or other efficient mechanical appliances
shall be provided and maintained and used to move driving
belts to and from fast and loose pulleys which form part of
the transmission machinery, and such gear or appliances
shall be so constructed, placed and maintained as to prevent
the belt from creeping back on the fast pulleys;
(b) driving belts when not in use shall not be allowed to rest or
ride upon shafting in motion.
(2) In every factory suitable devices for cutting off power in
emergencies from running machinery shall be provided and maintained in
every workroom.
(3) In respect of factories in operation before the commencement of
this Act, the provisions of sub-section (2) shall apply only to work-rooms
in which electricity is used for power.
Striking gear and
devices for cutting
off power.
34. No traversing part of a self-acting machine in any factory and no
material carried thereon shall, if the space over which it runs is a space
over which any person is liable to pass whether in the course of his
employment or otherwise, be allowed to run on its outward or inward
traverse within a distance of eighteen inches from any fixed structure
which is not part of the machine:
Provided that the Chief Inspector may permit the continued use of
a machine installed, which does not comply with the requirements of this
Self-acting machines.
14
section on such conditions for ensuring safety as he may think fit to
impose.
35. (1) In all machinery driven by power and installed in any factory -
(a) every set screw, belt or key on any revolving shaft, spindle,
wheel or pinion shall be so sunk, encased or otherwise
effectively guarded as to prevent danger; and
(b) all spur, worm and other toothed or friction gearing which
does not require frequent adjustment while in motion shall be
completely encased unless it is so situated as to be as safe as
it would be if it were completely encased.
(2) Whoever sells or lets on hire, or as agent of a seller or hirer, causes
or procures to be sold or let on hire, for use in a factory any machinery
driven by power which does not comply with the provisions of subsection
(1), shall be punishable with imprisonment for a term which may
extend to three months, or with fine which may extend to fifty thousand
rupees, or with both.
(3) Government may make rules specifying further safeguards to be
provided in respect of any other dangerous part of any particular machine
or class or description of machines.
Casing of new
machinery.
36. 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 may be employed on the side of the partition where the feed end is
situated.
Prohibition of
employment of
women and children
near cotton openers.
37. (1) The following provisions shall apply in respect of cranes and all
other lifting machinery, other than hoists and lifts in any factory: -
(a) every part thereof, including the working gear, whether
fixed or movable, ropes and chains and anchoring and
fixing appliances shall be –
(i) of good construction, sound material and adequate
strength;
(ii) properly maintained;
(iii) thoroughly examined by a competent person at least
once in every period of twelve months, and a register
shall be kept containing the prescribed particulars of
every such examination;
(b) no such machinery shall be loaded beyond the safe working
load which shall be plainly marked thereon;
(c) while any person is employed or working on or near the
wheel tract of a travelling crane in any place where he
would be liable to be struck by the crane, the effective
measures shall be taken to ensure that the crane does not
approach within twenty feet of that place or come into
accidental contact with live electrical lines;
(d) limit switches shall be provided to prevent over-running;
and
Cranes and other
lifting machinery.
15
(e) jib cranes, permitting the raising or lowering of the jib shall
be provided with an automatic safe load indicator or have
attached to them a table indicating the safe working load at
corresponding inclinations of the jib.
(2) Government may make rules in respect of any lifting machinery
or class or description of lifting machinery in factories -
(a) prescribing requirements to be complied with in addition to
those set out in this section; or
(b) exempting from compliance with all or any of the
requirements of this section, where in its opinion such
compliance is unnecessary or impracticable.
38. (1) In every factory -
(a) every hoist and lift shall be –
(i) of good mechanical construction, sound material and
adequate strength;
(ii) properly maintained, and shall be thoroughly examined
by a competent person authorized by the Chief Inspector
in this behalf at least once in every period of six months,
and a register shall be kept containing the prescribed
particulars of every such examination of which a copy
shall be forwarded to the Chief Inspector;
(b) every hoist way and lift way shall be sufficiently protected
by an enclosure fitted with gates, and the hoist or lift and
every such enclosure shall be so constructed as to prevent
any person or thing from being trapped between any part of
the hoist or lift and any fixed structure or moving part;
(c) the maximum safe working load shall be plainly marked on
every hoist or lift, and no load greater than such load shall be
carried thereon;
(d) the cage of every hoist or lift used for carrying persons shall
be fitted with a gate on each side from which access is
afforded to a landing;
(e) every gate referred to in clause (b) or clause (d) shall be
fitted with interlocking or other efficient device to secure that
the gate cannot be opened except when the cage is at the
landing and that the cage cannot be moved unless the gate is
closed.
(2) The following additional requirements shall apply to hoists and
lifts used for carrying persons and installed or reconstructed in a factory,
namely:-
(a) where the cage is supported by rope or chain, there shall be at
least two ropes or chains separately connected with the cage
and balance weight, and each rope or chain with its
attachments shall be capable of carrying the whole weight of
the cage together with its maximum load;
(b) efficient devices shall be provided and maintained capable of
supporting the cage together with its maximum load in the
event of breakage of the ropes, chains or attachments ;
Hoists and lifts.
16
(c) an efficient automatic device shall be provided and maintained
to prevent the cage from over-running.
(3) The Chief Inspector may permit the continued use of a hoist or lift
installed in a factory before the commencement of this Act which does
not fully comply with the provisions of sub-section (1) upon such
conditions for ensuring safety as he may think fit to impose.
(4) Government may, if in respect of class or description of hoist or
lift, it is of opinion that it would be unreasonable to enforce any
requirement of sub-sections (1) and (2), by order direct that such
requirements shall not apply to such class or description of hoist or lift.
39. (1) In every room in a factory in which the process of grinding is
carried on, there shall be permanently affixed to or placed near each
machine in use a notice indicating the maximum safe working peripheral
speed of every grind stone or abrasive wheel, the speed of the shaft or
spindle upon which the wheel is mounted and the diameter of the pulley
upon such shaft or spindle necessary to secure such safe working
peripheral speed.
(2) The speeds indicated in the notice under sub- section (1)
shall not be exceeded.
(3) The effective measures shall be taken in every factory to ensure
that the safe working peripheral speed of every revolving vessel, cage
basket, flywheel, pulley, disc or similar appliance, driven by power is not
exceeded.
Revolving
machinery.
40. (1) If in any factory any part of the plant or machinery used in a
manufacturing process is operated at a pressure above atmospheric
pressure, the effective measures shall be taken to ensure that safe working
pressure of such part is not exceeded.
(2) Government may make rules providing for the examination and
testing of any plant or machinery such as is referred to in sub-section (1)
and prescribing such other safety measures in relation thereto as may, in
its opinion, be necessary in any factory or class or description of factories.
Pressure plant.
41. In every factory -
(a) all floors, stairs, passages and gangways shall be of sound
construction and properly maintained and where it is
necessary to ensure safety, steps, stairs, ladders, passages
and gangways shall be provided with substantial handrails;
(b) there shall, so far as is reasonably practicable, be provided
and maintained safe means of access to every place at
which any person is at any time required to work;
(c) all places of work from which a worker may be liable to fall
a distance exceeding three feet and six inches shall be
provided with fencing or other suitable safeguards; and
(d) adequate provision shall be made for the drainage of floors
in wet processes and for the use of slatted stands and
platforms.
Floors, stairs and
means of access.
17
42. (1) In every factory, every fixed vessel, sump, tank pit or opening in
the ground or in floor which by reason of its depth, situation, construction
or contents, is or may be a source of danger, shall be either securely
covered or securely fenced.
(2) Government may, by order in writing, exempt, subject to such
conditions as may be imposed, any factory or class or description of
factories in respect of any vessel, sump, tank pit or opening from
compliance with the provisions of this section.
Pits, sumps, opening
in floors, etc.
43. (1) No person shall be employed in any factory to lift, carry or move
any load so heavy as to be likely to cause him injury.
(2) Government may make rules prescribing the maximum weights
which may be lifted, carried or moved by adult men, adult women,
adolescents and children employed in factories or in carrying on any
specified process.
Excessive
weights.
44. Government may, in respect of any manufacturing process carried
on in any factory, by rule require that effective screens or suitable goggles
shall be provided for the protection of persons employed on, or in the
immediate vicinity of, a process which involves -
(a) risk of injury to the eyes from particles or fragments thrown
off in the course of the process; or
(b) risk to the eyes by reason of exposure to excessive light or
heat.
Protection
of eyes.
45. If it appears to the Inspector that any 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.
Powers to require
specifications of
defective parts or
tests of stability.
46. (1) If it appears to the Inspector that any building or part of a building
or any part of the ways, machinery or plant or manufacturing process in a
factory is in such a condition that it is dangerous to human health 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 Chief Inspector that the requisitions made under
sub-section (1) are not satisfactorily fulfilled thereby involving exposure
of workers to serious hazards, he may serve on the manager of the factory
an order in writing, containing a statement of the grounds of his opinion,
prohibiting until the danger is removed, the employment, in or about the
factory or part thereof, of any person whose employment is not in his
opinion reasonably necessary for the purpose of removing the danger.
(3) 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 or manufacturing
Safety of building,
machinery and
manufacturing
process.
18
process in a Factory involves imminent danger to human health or safety
he may serve on the manager of factory an order in writing prohibiting,
until the danger is removed, the employment, in or about the factory or
part thereof, of any person whose employment is not in his opinion
reasonably necessary for the purpose of removing the danger.
(4) Nothing in sub-section (2) or (3) shall be deemed to affect the
continuance in the employment of the factory of a person whose
employment in or about the factory or part thereof is prohibited under that
sub-section.
47. Government may make rules requiring that -
(i) in any factory or in any class or description of factories, such
further devices and measures for securing the safety of the
persons employed therein as it may deem necessary shall be
adopted: and
(ii) 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 until a
certificate of stability in the prescribed form and signed by a
person possessing the prescribed qualifications has been sent
to the Chief Inspector.
Power to make rules
to supplement this
Chapter.
48. (1) In any factory, no person shall enter or be permitted to enter any
chamber, tank, vat, pit, pipe, flue or other confined space in which
dangerous fumes are likely to be present to such an extent as to involve
risk of persons being overcome thereby, unless it is provided with a
manhole of adequate size or other effective means of ingress.
(2) No portable electric light of voltage exceeding twenty-four volts
shall be permitted in any factory for use inside any confined space such as
is referred to in sub-section (1) and, where the fumes present are likely to
be inflammable, a lamp or light other than of flame proof construction
shall not be permitted to be used in such confined space.
(3) No person in any factory shall enter or be permitted to enter any
confined space such as is referred to in sub- section (1) until all
practicable measures have been taken to remove any fumes which may be
present and to prevent ingress of fumes and unless either -
(a) a certificate in writing has been given by a competent person,
based on a test carried out by himself, that the space is free
from dangerous fumes and fit for persons to enter; or
(b) the worker is wearing suitable breathing apparatus and a belt
securely attached to a rope, the free end of which is held by a
person standing outside the confined space.
(4) Suitable breathing apparatus, reviving apparatus and belts and
ropes shall in every factory be kept ready for instant use beside any such
confined space as aforesaid which any person has entered, and all such
apparatus shall be periodically examined and certified by a competent
person to be fit for use, and a sufficient number of persons employed in
every factory shall be trained and practised in the use of all such
apparatus and in the method of restoring respiration.
(5) No person shall be permitted to enter in any factory, any boiler
furnace, boiler flue, chamber, tank, vat, pipe or other confined space for
Precautions against
dangerous fumes.
19
the purpose of working or making any examination therein until it has
been sufficiently cooled by ventilation or otherwise to be safe for persons
to enter.
(6) Government may make rules prescribing the maximum dimensions
of the manholes referred to in sub-section (1) and may, by order in
writing, exempt, subject to such conditions as it may think fit to impose,
any factory or class or description of factories from compliance with any
of the provisions of this section.
49. (1) Where in any factory, any manufacturing process produces dust,
gas, fume or vapour of such character and to such extent as to be likely to
explode on ignition, all practicable measures shall be taken to prevent any
such explosion by -
(a) effective enclosure of the plant or machinery used in the
process;
(b) removal or prevention of the accumulation of such dust,
gas, fume or vapour;
(c) exclusion or effective enclosure of all possible sources of
ignition.
(2) Where in any factory, the plant or machinery used in a process
such as is referred to in sub-section (1) is not so constructed as to
withstand the probable pressure which such an explosion as aforesaid
would produce, all practicable measures shall be taken to restrict the
spread and effects of the explosion by the provision in the plant or
machinery of chokes, baffles, vents or other effective appliances.
(3) Where any part of the plant or machinery in a factory contains any
explosive or inflammable gas or vapour under pressure greater than
atmospheric pressure, that part shall not be opened except in accordance
with the following provisions, namely:-
(a) before the fastening of any joint of any pipe connected with the
part of the fastening of the cover of any opening into the part is
loosened, any flow of the gas or vapour into the part or any
such pipe shall be effectively stopped by a stop-valve or other
means;
(b) before any such fastening as aforesaid is removed all
practicable measures shall be taken to reduce the pressure of
the gas or vapour in the part or pipe to atmospheric pressure;
(c) where any such fastening as aforesaid has been loosened or
removed, affective measures shall be taken to prevent any
explosive or inflammable gas or vapour from entering the part
or pipe until the fastening has been secured, or, as the case
may be, securely replaced;
Provided that the provisions of sub-section shall not apply
in the case of plant or machinery installed in the open air.
(4) No plant, tank or vessel which contains or has contained any
explosive or inflammable substance shall be subjected in any factory to
any welding, brazing, soldering or cutting operation which involves the
application of heat or to any drilling or other operation which is likely to
create heat or sparks, unless adequate measures have first been taken to
Explosive or
inflammable dust,
gas, etc.
20
remove such substance and any fumes arising therefrom or to render such
substance and fumes, non-explosive or non-inflammable, and no such
substance shall be allowed to enter such plant, tank or vessel after any
such operation until the metal has cooled sufficiently to prevent any risk
of igniting the substance.
(5) Government may by rules exempt, subject to such conditions as
may be prescribed, any factory or class or description of factories from
compliance with all or any of the provisions of this section.
50. (1) 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.
Power to exclude
children.
51. 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.
Notice of certain
accidents.
52. (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 service of the order,
appeal against it to Government, or to such authority as Government may
appoint in this behalf, and the Government or appointed authority may,
subject to rules made in this behalf by Government, confirm, modify or
reverse the order.
(2) The appellate authority may, and if so required in the petition or
appeal shall, bear 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 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) Except in the case of an appeal against an order under sub-section
(3) of section 46 or sub-section (2) of section 50, 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.
Appeals.
53. (1) Health and safety rules relating to shelters during rest.
Government may make rules 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
Additional power to
make rules.
21
shelters.
Provided that separate shelter facility shall be provided for female
workers irrespective of their number and number of workers in the
factory.
(2) Rooms for children:- Government may also make rules -
(a) requiring that in any specified factory, wherein 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.
(3) Certificates of stability:- 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.
(4) Hazardous operations:- Where 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.
(5) Government may also make rules requiring the occupiers or
managers of factories to maintain stores of First-Aid appliances and
provide for their proper custody and use.
CHAPTER-IV
Restrictions on Working Hours of Adults
54. No adult worker shall be allowed or required 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.
Weekly hours.
55. (1) No adult worker shall be allowed or required to work in a factory
on a Sunday unless -
(a) he had or will have a holiday for a whole day on one of the
three days immediately before or after that Sunday; and
Weekly holiday.
22
(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) Notice given under 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 the
weekly hours of work, be included in the preceding week.
56. (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 55, 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) Government may make rules prescribing the manner in which the
holidays for which provision is made in sub-section (1) shall be allowed.
Compensatory
holidays.
57. No adult worker shall be allowed or required to work in a factory
for more than nine hours (including breaks) in any day:
Provided that a male adult worker in a seasonal factory may work
ten hours in any day.
Daily hours.
58. 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 hours before he has had at least two such intervals.
Intervals for rest.
59. The periods of work of an adult worker in a factory shall be so
arranged that along with his intervals for rest under section 31, 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 Government and subject to such conditions as it may impose, either
generally or in the case of any particular factory.
Spread over.
60. (1) There shall be displayed and correctly maintained in every factory
in accordance with the provisions of sub-section (2) of section 108, a
notice of periods for work for adults showing clearly the periods which
Notice of periods for
work for adults and
preparation thereof.
23
adult workers may be required to work.
(2) The periods shown in the notice required by sub-section (1) shall
be fixed before-hand in accordance with the following provisions of this
section and shall be such that workers working for these periods would
not be working in contravention of any of the provisions of sections 54,
55, 57, 58 and 59.
(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 pre- determined 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 relay 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) Government may make rules prescribing forms for the notice of
periods for work for adults and the manner in which it shall be
maintained.
61. (1) A copy of the notice referred to in subsection (1) of section 60
shall be sent in duplicate to the Inspector within fourteen days after the
commencement of this Act, or, if the factory begin work after the
commencement of this Act, before the day on which it begins work.
(2) Any proposed change in the system of work in a factory which
will necessitate a change in the notice shall be notified to the Inspector in
duplicate before the change is made, and except with the previous
sanction of the Inspector, no such change shall be made until one week
has elapsed since the last change.
Copy of notice of
Periods for Work to
be sent to Inspector.
62.(1) The manager of every factory shall maintain a register of adult
workers, showing -
(a) the name and age of each adult worker in the factory;
(b) the nature of his work;
(c) the group, if any, in which he is included;
(d) where his group works on shifts, the relay to which he is
allotted, and
(e) such other particulars as may be prescribed :
Provided that if the Inspector is of opinion that any muster
roll or register or computerized record maintained as part of
Register of Adult
Workers.
24
the routine of a factory gives, in respect of any or all of the
workers in the factory, the particulars required under this
section, he may, by order in writing, direct that such muster
roll or register shall, to the corresponding extent, be
maintained in place of and be treated as the register of adult
workers in that factory:
Provided further that where Government is satisfied that
the conditions of work in any factory or class of factories are
such that there is no appreciable risk of contravention of the
provisions of this Chapter in the case of that factory or
factories of that class, as the case may be, Government may,
by written order, exempt, on such conditions as it may
impose, that factory or all factories of that class, as the case
may be, from the provisions of this section.
(2) Government may make rules prescribing the form of the register of
adult workers, the manner in which it shall be maintained and the period
for which it shall be preserved.
63. No adult worker shall be allowed or required to work otherwise
than in accordance with the notice of periods for work for adults
displayed under sub-section (1) of section 60 and the entries made beforehand
against his name in the register of adult workers maintained under
section 62.
Hours of work to
correspond with
Notice under section
60 and register
under section.
64. (1) Government may make rules defining the persons who hold
positions of supervision or management or are employed in a confidential
position in a factory, and the provisions of this Chapter other than the
provisions of clause (b) of sub-section (1) of section 66 and of the proviso
to that sub-section, shall not apply to any person so defined.
(2) Government may make rules for adult workers providing for the
exemption, to such extent and subject to such conditions as may be
prescribed in such rules -
(a) of workers engaged on urgent repairs - from the provisions of
sections 54, 55, 57, 58 and 59;
(b) of workers engaged in work in the nature of preparatory or
complementary work which must necessarily be carried on
outside the limits laid down for the general working of the
factory - from the provisions of sections 54, 57, 58 and 59;
(c) of workers engaged in work which is necessarily so
intermittent that the intervals during which they do not work
while on duty ordinarily amount to more than the intervals for
rest required under section 58 - from the provisions of sections
54, 57, 58 and 59;
(d) of workers engaged in any work which for technical reasons
must be carried on continuously throughout the day - from the
provisions of sections 54, 55, 57, 58 and 59;
(e) of workers engaged in making or supplying articles of prime
necessity which must be made or supplied every day - from the
provisions of section 55;
(f) of workers engaged in a manufacturing process which cannot
Powers to make
rules, exempting
from restrictions.
25
be carried on except during fixed seasons - from the provisions
of section 55;
(g) of workers engaged in a manufacturing process which cannot
be carried on except at times dependent on the irregular action
of natural forces - from the provisions of section 55 and
section 58; and
(h) of workers engaged in engine-rooms or boiler-houses - from
the provisions of section 55.
(3) The rules made under sub-section (2) providing for any exemption
may also provide for any consequential exemption from the provisions of
sections 60 and 61 which Government may deem to be expedient, subject
to such conditions as it may impose.
(4) In making rules under this section Government shall prescribe the
maximum limits for the weekly hours of work for all classes of workers,
and any exemption given, other than an exemption under clause (a) of
sub-section (2), shall be subject to such limits.
(5) The rules made under this section shall remain in force for not more
than three years.
65. (1) Where Government is satisfied that, owing to the nature of the
work carried on or to other circumstances, it is unreasonable to require
that the periods of work of any adult workers in any factory or class of
factories should be fixed beforehand, it may, by written order, relax or
modify the provisions of sections 60 and 61 in respect of such workers to
such extent and in such manner as it may think fit, and subject to such
conditions as it may deem expedient to ensure control over periods of
work.
(2) Government, or subject to the control of Government, the Chief
Inspector may, by written order, exempt on such conditions as it or he
may deem expedient, any or all the adult workers in any factory, or group
or class of factories, from any or all of the provisions of sections 54, 55,
57, 58, 59, 60 and 61, on the ground that the exemption is required to
enable the factory or factories to deal with an exceptional pressure of
work.
(3) Any exemption given under sub-section (2) in respect of weekly
hours of work shall be subject to the maximum limits prescribed under
sub-section (4) of section 64.
(4) An order under sub-section (2) shall remain in force for such
period, not exceeding two months from the date on which notice thereof
is given to the manager of the factory, as may be specified in the order:
Provided that if in the opinion of Government, the public interest
so requires, Government may from time to time, by notification in the
official Gazette, extend the operation of any such order for a period, not
exceeding six months at any one time, as may be specified in the
notification.
Power to make
orders exempting
from restrictions.
66. (1) The provisions of this Chapter shall, in their application to women
workers in factories, be supplemented by the following further restrictions
namely: -
Further restrictions
on the employment
of women.
26
(a) no exemption from the provisions of section 57 may be
granted in respect of any woman; and
(b) no woman shall be allowed to work in a factory except
between 7 A.M. and 7 P.M:
Provided that if the employer arrange for transport
facilities, which shall drop at the door steps of such worker,
or nearest possible place, the female Workers may work up
to 10.00 p.m. in two shifts.
Provided further Government may, by notification in
the official Gazette, in respect of any class or classes of
factories and for the whole year or any part of it, vary the
limits laid down in clause (b) to any span of ten and a half
hours, or where the factory is a seasonal one, of eleven and a
half hours, between 6 A.M. and 7:30 P.M:
Provided also that in respect of any seasonal factory or
class of seasonal factories in a specified area, Government
may make rules imposing a further restriction by defining
the periods of the day within which women may be allowed
to work, such that the period or periods so defined shall lie
within the span fixed by clause (b) or under the above
proviso and shall not be less than ten hours in the aggregate.
(2) Government may make rules providing for the exemption from
the above restrictions, to such extent and subject to such conditions as it
may prescribe, of women working in fish-curing or fish-canning factories
where the employment of women beyond the said hours is necessary to
prevent damage to or deterioration in any raw material.
(3) The rules made under sub-section (2) shall remain in force for not
more than three years.
67. Where a worker works on a shift which extends over midnight,
the ensuing day for him shall be deemed to be the period of twenty-four
hours beginning when such shift ends and the hours he has worked after
midnight shall be counted towards the previous day :
Provided that Government may, by order in writing, direct that
in the case of any specified factory or any specified class of workers
therein the ensuing day shall be deemed to be the period of twenty-four
hours beginning when such shift begins and that the hours worked before
midnight shall be counted towards the ensuing day.
Special provision for
nights-shifts.
68. (1) Where a worker -
(a) in a non-seasonal factory works for more than nine hours in
any day or for more than forty-eight hours in any week; or
(b) in a seasonal factory works for more than ten hours in any day
or for more than fifty hours in any week,
he shall be entitled in respect of the overtime worked to pay at the rate of
twice his ordinary rate of pay.
Explanation:- In this sub-section, ordinary rate of pay
means all remuneration capable of being expressed in terms
of money which would if the terms of the contract of
Extra pay for
overtime.
27
employment, express or implied, were fulfilled, be payable to
a worker in respect of his employment or of work done in
such employment, but does not include -
(i) the value of any house-accommodation, supply of light,
water, medical attendance or other amenity;
(ii) any contribution paid by the employer to any pension
fund or provident fund;
(iii) any travelling allowance or the value of travelling
concession ; or
(iv) any gratuity, bonus or share in the profits of the factory.
(2) Where any workers are paid on a piece-rate basis, Government in
consultation with the industry concerned may, for the purposes of this
section, fix time-rates as nearly as possible equivalent to the average rate
of earnings of those workers, and the rates so fixed shall be deemed to be
the ordinary rates of those workers for the purposes of this section.
(3) Government may prescribe the registers that shall be maintained in
a factory for the purpose of securing compliance with the provisions of
this section.
69. Any adult worker may be required to work overtime, provided
that such working conforms to the provisions of this Act and the rules
made thereunder.
Obligation to work
overtime.
70. No adult worker shall be allowed to work in any factory on any
day on which he has already been working in any other factory, save in
such circumstances as may be prescribed.
Restriction on
double employment.
71. Government may make rules providing that in any specified class
or classes of factories work shall not be carried on by a system of shifts so
arranged that more than one relay of workers is engaged in work for the
same kind at the same time save with the permission of Government and
subject to such conditions as it may impose, either generally or in the case
of any particular factory.
Control of
overlapping shifts.
CHAPTER-V
Holiday with Pay
72. (1) The provisions of this Chapter shall not apply to a seasonal
factory.
(2) The provisions of this Chapter shall not operate to the prejudice of
any rights to which a worker may be entitled under any other enactment,
or under the terms of any award, agreement or contract of service.
Application of
Chapter.
73. (1) Every worker who has completed a period of twelve months
continuous service in a factory shall be allowed, during the subsequent
period of twelve months, holidays for a period of fourteen consecutive
days, inclusive of the day or days, if any, on which he is entitled to a
holiday under sub-section (1) of section 55.
(2) If a worker fails in any one such period of twelve months to take
the whole of the holidays allowed to him under sub-section (1), any
Annual holidays.
28
holidays not taken by him shall be added to the holidays to be allowed to
him under sub-section (1) in the succeeding period of twelve months, so
however that the total number of holidays which may be carried forward
to a succeeding period shall not exceed fourteen.
(3) If a worker entitled to holidays under sub-section (1) is discharged
by his employer before he has been allowed the holidays, or if, having
applied for and having been refused the holidays, he quits his employment
before he has been allowed the holidays, the employer shall pay him the
amount payable under section 74 in respect of the holidays.
Explanation:- A worker shall be deemed to have completed a period
of twelve months continuous service in a factory notwithstanding any
interruption in service during those twelve months brought about by
sickness, accident or authorized leave not exceeding ninety days in the
aggregate for all three, or by a lock-out, or by a strike which is not an
illegal strike, or by intermittent periods of involuntary unemployment not
exceeding thirty days in the aggregate; and authorized leave shall be
deemed not to include any weekly holiday allowed under section 55
which occurs at beginning or end of an interruption brought about by the
leave.
74. Without prejudice to the conditions governing the day or days, if
any, on which the worker is entitled to a holiday under sub-section (1) of
section 55, the worker shall, for the remaining days of the holidays
allowed to him under section 73, be paid at a rate equivalent to the daily
average of his wages as defined in the Payment of Wages Act, 1936 (IV
of 1936), for the days on which he actually worked during the preceding
three months, exclusive of any earning in respect of overtime.
Pay during annual
holiday.
75. A worker who has been allowed holidays under section 73 shall,
before his holidays begin, be paid half the total pay due for the period of
holidays.
Payment when to be
made.
76. Any Inspector may institute proceedings on behalf of any worker
to recover any sum required to be paid under this Chapter by an employer
which the employer has not paid.
Power of Inspector
to act for worker.
77. (1) Government may make rules to carry into effect the provisions of
this Chapter.
(2) Without prejudice to the generality of the foregoing power, rules
may be made under this section prescribing the keeping by employers of
registers showing such particulars as may be prescribed and requiring
such registers to be made available for examination by Inspectors.
Power to make rules.
78. Where Government is satisfied that the leave rules applicable to
workers in a factory provide benefits substantially similar to those for
which this Chapter makes provision, it may, by written order exempt the
factory from the provisions of this Chapter.
Exemption of
factories from the
provisions of this
Chapter.
79. (1) Every worker shall be entitled to casual leave with full pay for ten
days in a year.
(2) Every worker shall be entitled to sixteen days in a year sick leave
on full pay.
(3) Every female worker will be entitled for Maternity leaves as
Casual leave and sick
leave.
29
defined in Maternity Benefits Ordinance,1958 (Ordinance XXXII of
1958).
80. (1) Every worker shall be allowed holidays with pay on all days
declared by Government or Federal Government to be festival holidays.
(2) A worker may be required to work on any festival holiday but one
day's additional compensatory holiday with full pay and a substitute
holiday shall be allowed to him in accordance with the provisions of
section 55.
Festival
Holidays.
CHAPTER-VI
Special Provisions for Adolescents and Children
81. No child who has not completed his fourteenth year shall be
allowed to work in any factory.
Prohibition of
employment of
young children.
82. No adolescent shall be allowed to work in any factory unless -
(a) a certificate of fitness granted to him under section 83 is
in the custody of the manager of the factory; and
(b) he carries while he is at work a token giving a reference
to such certificate.
Non-adult workers
to carry tokens
giving reference to
certificates of fitness.
83. (1) A certifying surgeon shall, on the application of any adolescent
who wishes to work in a factory, or, of the parent or guardian of such
person, or of the factory in which such person wishes to work, examine
such person and ascertain his fitness for such work.
(2) The certifying surgeon, after examination, may grant to such
person, in the prescribed form -
(a) a certificate of fitness to work in a factory as an adolescent if
he is satisfied that such person has completed his fourteenth
year, that he has attained the prescribed physical standards,
if any, and that he is fit for such work; or
(b) a certificate of fitness to work in a factory as an adolescent if
he is satisfied that such person has completed his fourteenth
year and is fit for full day's work in a factory.
(3) A certifying surgeon may revoke any certificate granted under subsection
(2) if, in his opinion, the holder of it is no longer fit to work in the
capacity stated therein in a factory.
(4) Where a certifying surgeon or a practitioner authorized under subsection
(2) of section 14 refuses to grant a certificate or a certificate of the
kind requested, or revokes a certificate, he shall, if so requested by any
person who could have applied for the certificate state his reasons in
writing for so doing.
Certificates of
fitness.
84. (1) An adolescent who has been granted a certificate of fitness to work
in a factory as an adolescent, under clause (b) of sub-section (2) of section
83, and who, while at work in a factory, carries a token giving reference
to the certificate, shall be deemed to be an adult for all the purposes of
Chapter IV.
Effect of certificate
granted to
adolescent.
30
(2) An adolescent who has not been granted a certificate of fitness to
work in a factory as an adolescent under sub-section (2) of section 83,
shall, notwithstanding his age, be deemed to be a child for the purposes of
this Act.
85. (1) No adolescent shall be allowed to work in a factory except
between 7 a. m. and 7 p. m.
Provided that Government may, by notification in the Official
Gazette in respect of any class or classes of factories and for the whole
year or any part of it, vary these limits to any span of thirteen hours
between 6 a. m. and 7.30 p.m.
(2) The provisions of section 54 shall apply also to adolescent workers,
but no exemption from the provisions of that section may be granted in
respect of an adolescent.
(3) No adolescent shall be allowed work in any factory on any day on
which he has already been working in another factory.
Restrictions of the
working hours of an
adolescent.
86. (1) There shall be displayed and correctly maintained in every factory
in accordance with the provisions of sub-section (2) of section 108, a
notice of periods for work for adolescent, showing clearly the periods
within which adolescent 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 method laid down for adults
in section 60 and shall be such that adolescent working for those periods
would not be working in contravention of section 85.
(3) The provisions of section 61 shall apply also to the notice of
periods for work for adolescent.
(4) Government may make rules prescribing form for the notice of
periods for work for adolescent and the manner in which it shall be
maintained.
Notice of Periods for
Work for adolescent.
87. (1) The manager of every factory in which adolescent are employed
shall maintain a register of adolescent workers showing -
(a) the name and age of each adolescent worker in the factory;
(b) the nature of his work;
(c) the group, if any, in which he is included;
(d) where his group works on shifts, the relay to which he is
allotted;
(e) the number of his certificate of fitness granted under section
83; and
(f) such other particulars as may be prescribed.
(2) Government may make rules prescribing the form of the register of
adolescent workers, the manner in which it shall be maintained and the
period for which it shall be preserved.
Register of
adolescent workers.
31
88. No adolescent shall be allowed to work otherwise than in
accordance with the notice of periods for work for adolescent displayed
under sub-section (1) of section 86 and the entries made before-hand
against his name in the register of adolescent workers maintained under
sub-section (1) of section 87.
Hours of work to
correspond with
Notice and Register.
89. Where an Inspector is of opinion -
(a) that any person working in a factory without a certificate
of fitness it is an adolescent; or
(b) that adolescent working in a factory with a certificate is no
longer fit to work in the capacity stated therein, he may
serve on the manager of the factory a notice requiring that
such person, or that such adolescent, shall be examined by
a certifying surgeon or by a practitioner authorized under
sub-section (2) of section 14, and such person, adolescent
shall not, if the Inspector so directs, be allowed to work in
any factory until he has been granted a certificate of fitness
or a fresh certificate of fitness, as the case may be.
Power to require
medical examination.
90. Government may make rules -
(a) prescribing the forms of certificate of fitness to be granted
under section 83, providing for the grant of duplicates in the
event of loss of original certificates, and fixing the fees which
may be charged for such certificates and such duplicates;
(b) prescribing the physical standards to be attained by
adolescents;
(c) regulating the procedure of certifying surgeons under this
Chapter, and specifying other duties, which they may be
required to perform in connection with the employment of
children and adolescents in factories; and
(d) providing for any other matter which may be expedient in
order to give effect to the provisions of this Chapter.
Power to make rules.
91. The provisions to this Chapter shall be in addition to, and not in
derogation of the provisions of the Employment of Children Act, 1991
(Act V of 1991).
Provisions to be in
addition to Act V of
1991.
CHAPTER-VII
Penalties and Procedure
92. (1) If in any factory -
(a) there is any contravention -
(i) of any of the provisions of sections 14 to 36 inclusive; or
(ii) of any order made under any of the said sections; or
(iii) of any of the said sections read with rules made in
pursuance thereof under clause (a) of sub-section (1) of
section 47; or
(iv) of any rules made under any of the said sections or under
sections 47 and 53; or
(v) of any condition imposed under sub-section (3) of section
52; or
Penalty for
contravention of Act
and rules.
32
(b) any person is allowed to work in contravention -
(i) of any of the provisions of sections 54 to 59 inclusive
63, 66, 70, 79 and 80;
(ii) of any rule made under any of the said sections, or under
section 71, or
(iii) of any condition attached or any exemption granted
under section 64 or section 65 or section 66 or to any
permission granted under section 59 or section 71; or
(c) there is any contravention of any of the provisions of section
60 to 62 inclusive or of any rule made under section 60,
section 62 or section 68, or of any condition attached to any
exemption granted under section 62 or to any modification
or relaxation made under section 65; or
(d) any person is not paid any extra pay to which he is entitled
under the provisions of section 68; or
(e) any adolescent is allowed to work in contravention of any of
the provisions of sections 82, 85, 86, 88 and 89; or
(f) there is any contravention of section 86 or section 87 or of
any rules made under either of these sections, or under
clause (d) of section 90;or
(g) there is any contravention of sections 73, 74, or 75, or of any
rule made under section 77,
the manager and occupier of the factory shall each be punishable with fine
which may extend to fifty thousand rupees and not below twenty five
thousand rupees.
(2) The penalty for the violation of section 81 may extend to rupees
two hundred thousand and not less than rupees fifty thousand or simple
imprisonment of three months or both:
Provided that if both the manager and the occupier are convicted,
both shall be punished equally.
93. If any person who has been convicted of any offence punishable
under clauses (b) to (g) of sub-section (1) and of sub-section (2) inclusive
of section 92 is again guilty of an offence involving a contravention of the
same provision, he shall be punishable on the second conviction with fine
of rupees one thousand rupees for each day beginning from day of the
first conviction:
Provided that for the purposes of this section no cognizance shall
be taken of any conviction made more than two years before the
commission of the offence which is being punished:
Provided further that the Labour Court, if it is satisfied that there
are exceptional circumstances warranting such a course, may, after
recording its reasons in writing, impose a smaller fine than is required by
this section.
Enhanced penalty in
certain cases after
previous conviction.
33
94. An occupier of a factory who fails to give any notice required by
section 10 shall be punishable with a fine of ten thousand rupees.
Penalty for failure to
give notice of
commencement of
work or of change of
manager.
95. Whoever willfully obstruct an Inspector in the exercise of any
power under section 13, or fails to produce on demand by an Inspector
any register or any documents in his custody kept in pursuance of this Act
or of any of the rules made thereunder, or conceals or prevents any
worker in a factory from appearing before or being examined by an
Inspector, shall be punishable with fine of rupees ten thousand.
Penalty for
obstructing
Inspector.
96. A manager of a factory who fails to give notice of an accident as
required under section 51 shall be punishable with fine rupees ten
thousand rupees.
Penalty for failure to
give notice of
accident.
97. If in respect of any factory any return is not furnished as required
under section 90, the manager and the occupier of the factory shall each
be liable to fine of twenty thousand rupees:
Provided that if both the manager and the occupier are convicted,
the aggregate of the fines inflicted should not exceed this amount.
Penalty for failure to
make returns.
98. Whoever smokes, or uses a naked light or causes or permit any
such light to be used in the vicinity of any inflammable material in a
factory shall be punishable with fine of rupees five thousand.
Exception:- This provision does not extend to the use, in
accordance with such precautions as may be prescribed, of a naked light
in the course of a manufacturing process.
Penalty for smoking
or using naked light
in vicinity or
inflammable
material.
99. Whoever knowingly uses or attempts to use, as a certificate
granted to himself under section 83, a certificate granted to another person
under that section, or who having procured such a certificate, knowingly
allows it to be used, or an attempt to use it to be made, by another person,
shall be punishable with fine of three thousand rupees.
Penalty for using
false certificate.
100. If a child works in a factory on any day on which he has already
been working, in another factory, that parent or guardian of the child or
the person having custody of, or control over him, or obtaining any direct
benefit from his wages, shall be punishable with fine which may extend to
rupees one thousand, unless it appears to the Court that the child so
worked without the consent, connivance or willful default of such parent,
guardian or person.
Penalty on guardian
for permitting
double employment
of a child.
101. A manager of a factory who fails to display the notice required
under sub-section (1) of section 108 or by any rule under this Act or to
display or maintain any such notice as required by sub-section (2) of that
section, shall be punishable with fine upto five thousand rupees but not
below three thousand rupees.
Penalty for failure to
display certain
notices.
102. (1) Where the occupier of a factory is a firm or other association of
individuals, any one of the individual partners or members thereof may be
prosecuted and punished under this Chapter for any offence for which the
occupier of the factory is punishable:
Provided that the firm or association may give notice to the
Inspector that it has nominated one of its members who is resident in
Determination of
"occupier" for
purposes of this
Chapter.
34
Pakistan to be the occupier of the factory for the purposes of this Chapter,
and such individual shall, so long as he is so resident, be deemed to be the
occupier for the purposes of this Chapter until further notice cancelling his
nomination is received by the Inspector or until he ceases to be a partner
or member of the firm or association.
(2) Where the occupier of a factory is a company, any one of the
directors thereof, or, in the case of a private company, any one of the
shareholders thereof, may be prosecuted under this Chapter for any
offence for which the occupier of the factory is punishable:
Provided that the company may give notice to the Inspector that it
has nominated a director, or in the case of a private company, a
shareholder, who is resident in either case in Pakistan to be the occupier
of the factory for the purposes of this Chapter, and such director or
shareholder shall, so long as he is so resident, be deemed to be the
occupier of the factory for the purposes of this Chapter until further notice
cancelling his nomination is received by the Inspector or until he ceases to
be director or shareholder.
103. (1) Where the occupier or manager of a factory is charged with an
offence against this Act, he shall be entitled upon complaint duly made by
him to have any other person whom he charges as the actual offender
brought before the Court at the time appointed for hearing the charge; and
if, after the commission of the offence has been proved, the occupier or
manager of the factory proves to the satisfaction of the Court-
(a) that he has used due diligence to enforce the execution of this
Act; and
(b) that the said other person committed the offence in question
without his knowledge, consent or connivance, that other
person shall be convicted of the offence and shall be liable to
the like fine as if he were the occupier or manager, and the
occupier or manager shall be discharged from any liability
under this Act.
(2) When it is made to appear to the satisfaction of the Inspector at
any time prior to the institution of the proceedings -
(a) that the occupier or manager of the factory has used all due
diligence to enforce the execution of this Act;
(b) by what person the offence has been committed, and
(c) that it has been committed without the knowledge, consent or
connivance of the occupier or manager, and in contravention
of his orders, the Inspector shall proceed against the person
whom he believes to be the actual offender without first
proceeding against the occupier or manager of the factory,
and such person shall be liable to the like fine as if he were
the occupier or manager.
Exemption of
occupier from
liability in certain
cases.
104. If a child over the age of six years is found inside any part of a
factory in which children are working, he shall, until the contrary is
proved, be deemed to be working in the factory.
Presumption as to
employment.
105. (1) When an act or omission would, if a person were under or over a
certain age, be an offence punishable under this Act, and such person is in
the opinion of Court apparently under or over such age, the burden shall
be on the accused to prove that such person is not under or over such age.
Evidence as to age.
35
(2) A declaration in writing by a certifying surgeon relating to a
worker that he has personally examined him and believes him to be under
or over the age set forth in such declaration shall, for the purposes of this
Act, be admissible as evidence of the age of that worker.
106. (1) No prosecution under this Act, except a prosecution under
section 98, shall be instituted except by or with the previous sanction of
the Inspector.
(2) No Court other than the Labour Court established under the Sindh
Industrial Relations Act, 2013 shall try any offence against this Act or any
rule or order made thereunder.
Cognizance of
offences.
107. No Court other than Labour Court shall take cognizance of any
offence under this Act or any rule or order thereunder, other than an
offence under section 94 or section 96, unless complaint thereof is made
within six months of the date on which the offence is alleged to have been
committed:
Provided that when the offence consists of disobeying a written
order made by an Inspector, complaint thereof may be made within
twelve months of the date on which the offence is alleged to have been
committed.
Limitation of
prosecution.
CHAPTER VIII
Supplemental
108. (1) In addition to the notices required to be displayed in any factory
by this Act or the rules made thereunder, there shall be displayed in every
factory a notice containing such abstracts of this Act and of the rules
made thereunder, in English and in the local languages as Government
may prescribe.
(2) All notices required to be displayed in a factory shall be
displayed at some conspicuous place at or near the main entrance to the
factory and shall be maintained in a clean and legible condition.
Display of factory
notices.
109. Government may make rules requiring occupiers or managers of
factories to submit such returns, occasional or periodical, as may in its
opinion he required for the purposes of this Act.
Power of
Government to make
rules.
110. (1) All rules made under this Act shall be subject to the condition of
previous publication, and the dale to be specified under clause (3) of
section 23 of the General Clauses Act, 1897 (X of 1897), shall not be less
than three months from the date on which the draft of the proposed rules
was published.
(2) All such rules shall be published in the Official Gazette and shall,
unless some later date is appointed, come into force on the date of such
publication.
Publication of rules.
111. This Act shall apply to factories belonging to Government and
Federal Government and such other factories within the territorial limits
of the Province of Sindh.
Application to
Government and
Federal Government
factories.
112. No suit, prosecution or other legal proceeding shall lie against
any person for anything which is in good faith done or intended to be
done under this Act.
Indemnity.
36
113. If any difficulty arises, in giving effect to any provisions of this
Act, Government may, by notification in the official Gazette, make such
order, not inconsistent with the provisions of this Act, as may appear to it
to be necessary for the purpose of removing the difficulty.
Removal of
difficulties.
114. The Factories Act, 1934 (Act XXV of 1934), hereinafter referred
to as the repealed Act, in its application to the Province of Sindh, is
hereby repealed.
(2) Notwithstanding the repeal under sub-section (1), everything
done, orders passed, action taken, obligation, liability, penalty or
punishment incurred, enquiry or proceeding commenced, officer
appointed or person authorized, jurisdiction or power conferred, rules or
regulations made or notification issued, under any of the provisions of the
said Act, shall continue to remain in force and shall be deemed to have
been done, passed, taken, incurred, commenced, appointed, authorized,
conferred, made or issued under the provisions of this Act.
_____
Repeal and Savings.
BY ORDER OF THE SPEAKER
PROVINCIAL ASSEMBLY OF SINDH
G.M.UMAR FAROOQ
SECRETARY
PROVINCIAL ASSEMBLY OF SINDH
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