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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.
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