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Business and Labor
Laws
FACTORIES ACT 1934
1. Preliminary / Definitions
2. Inspecting staff
3. Health and safety
4. Restriction on working hour of adults
5. Holidays with pay and overtime
6. Special provisions for adolescent and
children
7. Penalties and procedures
THE FACTORIES ACT, 1934
(1) This Act may be called the Factories Act,
1934.
(2) It extends to the whole of Pakistan.
(3) It shall come into force on the 1st day of
January 1935.
Definitions
 Adult: means a person who has
completed his seventeenth year.
Definitions
 Adolescent: means a person who
has completed his fifteenth but has
not completed his seventeenth
year.
Definitions
 Child: means a person who has
not completed his fifteenth year.
Definitions
 Day: means a period of twenty-four
hours beginning at mid-night.
Definitions
 Week: means a period of seven
days beginning at mid-night on
Saturday night.
Definitions
 Power: means electric energy, and
any other form of energy which is
mechanically transmitted and is not
generated by human or animal
agency.
Definitions
 Manufacturing process: means
any process 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 for pumping oil, water
or sewage, or for generating,
transforming or transmitting power.
Definitions
 Worker: means a person
employed directly or through an
agency whether for wages or not in
any manufacturing process, or in
cleaning any part of the machinery
or premises used for a
manufacturing process.
Definitions
 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)
Definitions
 Machinery: includes all plant
whereby power is generated,
transformed, transmitted or
applied.
Definitions
 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
Definitions
 Relay & Shift: 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"
Definitions
 Prescribed: means prescribed by
rules made by the Provincial
Government under this Act.
Seasonal factories
(1) A factory, which is exclusively engaged in one of the following
manufacturing processes, namely, cotton ginning, cotton or cotton jute
pressing, the decortications of groundnuts, the manufacture of coffee
indigo, lac, rubber, sugar (including gur) or tea or any of the aforesaid
processes, is a seasonal factory :
(2) The Provincial Government 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.
Section 4
Inspectors
The Provincial Government may, by notification in the Official Gazette,
appoint such persons as it thinks fit to be Inspectors for the purposes
of this
Act within such local limits as it may assign to them respectively.
Every District Magistrate shall be an Inspector for his district.
The Provincial Government may also, by notification as aforesaid,
appoint such public officers as it thinks fit to be additional Inspectors
for all or any of the purposes of the Act, within such local limits as it
may assign to them respectively.
Section 10
Powers of Inspector
 Enter with such assistants (if any), being persons in the service of
any place which is or which used as a factory or capable of being
declared to be a factory under the provisions of section 5;
 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 be may deem necessary for carrying out the
purposes of this Act;
 Exercise such other powers as may be necessary for carrying out
the purposes of this Act:
Section 11
Certifying surgeons
The Provincial Government may appoint such registered medical
practitioners as within such local limits as it may assign to them
respectively.
Section 12
Health and Safety
Cleanliness
Disposal of wastes & effluents
Ventilation & Temperature
Dust & Fumes
Artificial Humidification
Over crowding
Lighting
Drinking Water
Latrines & Urinals
Spittoons
Precautions against contiguous or infectious disease
Vaccination & Inculcation
Provision of Canteen
Welfare officer
Section 13-24A
Safety of Workers
Precautions against Fire
Fencing of Machinery
Work on machinery or near machinery in motion
Employment of young person on dangerous machines
Striking gear and devices for cutting off power
Self acting machines
Casing of new machinery
Prohibition of employment of women and children near
cotton opener
Cranes and other lifting machines
Hoists and lifts
Revolving machinery
Pressure plaint
Section 25-33C
Safety of Workers
Floors, stairs and means of access
Pits, sumps, opening in floors etc
Excessive weight
Protection of eyes
Power to require specification of defective parts or test of
stability
Safety of building, machinery and manufacturing process
Power to make rules to supplement rules of health and
safety
Precautions against dangerous fumes
Explosive or inflammable dust, gas etc
Power to exclude children
Notice of certain accidents
Appeals
Section 33D-33P
Safety of Workers
Additional power to make health and safety rules relating
to shelters during rest
•Room for children
•Certificate of stability
•Hazardous operations
Section 33-Q
Working Hours of Adults
Daily Hours: An adult worker shall allowed to work in a factory for not
more than 9 hours a day. And 10 hours a day for seasonal factory.
Weekly Hours: A worker shall not be allowed to work for more than 48
hours in a week and for seasonal factory 50 hours in a week shall be
allowed to work for male adult worker If for technical reasons a work
continues throughout the day a worker may be allowed to work for 56
hours in a week (sec 34)
Interval for rest: If work continues for 6 hours than 1 after that
interval for one hours is given If the work continues for hours in
shifts than then after every 5 hours 30 minutes two intervals must be
give to a worker.
Section 36,34 & 37
Double employment: An adult worker is not allowed to work in another
factory except under few specified circum stances ( sec 48)
Over Time: If a worker has worked for more than 9 hours in day or 48
hours in a week he shall be entitled to pay at the rate twice his ordinary
rate of pay.
Section 47 & 48
Child Worker Working Hours
 No child who has not completed his 14th year
shall be allowed to work in any factory.
 Not be allowed to work for more than 5 hours in
a factory
 No child shall be allowed to work except
between 6a.m to 7p.m
 Children's are not allowed to work on any
cotton opener., or can not work on dangerous
machines.
Proper register should be maintained for
children
Working hours of Women Worker
Women workers shall not be allowed to clean, lubricate, or
adjust any part of machinery (sec27)
They are not allowed to work in a place where cotton opener is
at work
A women shall not be allowed or required to work for more than
9 hours in a day(sec 36)
 A women shall be allowed to work between 6a.m to 10p.m
provided that transport is available (sec45)
A separate room for use of women where 50 or more women
worker is working
Section 27,36 & 45
Holidays with Pay
Annual holidays: A Worker who has completed 12 months
continues services allowed for 14 days consecutives holidays with
full pay(sec49)
Casual Leave: Every worker shall be entitled casual leave for 10
days in a year
Sick leave: Sixteen days sick leave on half average pay in a year.
Festival holidays: Every worker shall be allowed with pay and all
declared festival holidays by provincial government.
Compensatory Holidays: When a worker is deprived of any of the
weekly holidays he shall be allowed holidays of equal number to
the holidays so lost(sec 35A)
Section 35A –
49A,B,C&D
Penalties And Procedure
Penalty for contravention of act and rules
Enhanced penalty in certain cases after previous
conviction
Penalty for failure to give notice of commencement of
work or change of manager
Penalty for obstructing inspector
Penalty for failure to give notice of accident
Penalty for failure to make returns
Penalty for making or using naked lights in vicinity of
inflammable material
Penalty for using false certificate
Penalty on guardian for permitting double employment of
a child
Penalty for failure to displace certain notices
Section 60-69
Penalties And Procedure
 Determination of occupier
 Exemption of occupier from liability
 Presumption as to employment
 Evidence as to age
 Cognizance of offences
 Limitation of prosecution
Section 70-
75
THANK YOU

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Factories act 1934

  • 1. Business and Labor Laws FACTORIES ACT 1934 1. Preliminary / Definitions 2. Inspecting staff 3. Health and safety 4. Restriction on working hour of adults 5. Holidays with pay and overtime 6. Special provisions for adolescent and children 7. Penalties and procedures
  • 2. THE FACTORIES ACT, 1934 (1) This Act may be called the Factories Act, 1934. (2) It extends to the whole of Pakistan. (3) It shall come into force on the 1st day of January 1935.
  • 3. Definitions  Adult: means a person who has completed his seventeenth year.
  • 4. Definitions  Adolescent: means a person who has completed his fifteenth but has not completed his seventeenth year.
  • 5. Definitions  Child: means a person who has not completed his fifteenth year.
  • 6. Definitions  Day: means a period of twenty-four hours beginning at mid-night.
  • 7. Definitions  Week: means a period of seven days beginning at mid-night on Saturday night.
  • 8. Definitions  Power: means electric energy, and any other form of energy which is mechanically transmitted and is not generated by human or animal agency.
  • 9. Definitions  Manufacturing process: means any process 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 for pumping oil, water or sewage, or for generating, transforming or transmitting power.
  • 10. Definitions  Worker: means a person employed directly or through an agency whether for wages or not in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process.
  • 11. Definitions  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)
  • 12. Definitions  Machinery: includes all plant whereby power is generated, transformed, transmitted or applied.
  • 13. Definitions  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
  • 14. Definitions  Relay & Shift: 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"
  • 15. Definitions  Prescribed: means prescribed by rules made by the Provincial Government under this Act.
  • 16. Seasonal factories (1) A factory, which is exclusively engaged in one of the following manufacturing processes, namely, cotton ginning, cotton or cotton jute pressing, the decortications of groundnuts, the manufacture of coffee indigo, lac, rubber, sugar (including gur) or tea or any of the aforesaid processes, is a seasonal factory : (2) The Provincial Government 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. Section 4
  • 17. Inspectors The Provincial Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be Inspectors for the purposes of this Act within such local limits as it may assign to them respectively. Every District Magistrate shall be an Inspector for his district. The Provincial Government may also, by notification as aforesaid, appoint such public officers as it thinks fit to be additional Inspectors for all or any of the purposes of the Act, within such local limits as it may assign to them respectively. Section 10
  • 18. Powers of Inspector  Enter with such assistants (if any), being persons in the service of any place which is or which used as a factory or capable of being declared to be a factory under the provisions of section 5;  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 be may deem necessary for carrying out the purposes of this Act;  Exercise such other powers as may be necessary for carrying out the purposes of this Act: Section 11
  • 19. Certifying surgeons The Provincial Government may appoint such registered medical practitioners as within such local limits as it may assign to them respectively. Section 12
  • 20. Health and Safety Cleanliness Disposal of wastes & effluents Ventilation & Temperature Dust & Fumes Artificial Humidification Over crowding Lighting Drinking Water Latrines & Urinals Spittoons Precautions against contiguous or infectious disease Vaccination & Inculcation Provision of Canteen Welfare officer Section 13-24A
  • 21. Safety of Workers Precautions against Fire Fencing of Machinery Work on machinery or near machinery in motion Employment of young person on dangerous machines Striking gear and devices for cutting off power Self acting machines Casing of new machinery Prohibition of employment of women and children near cotton opener Cranes and other lifting machines Hoists and lifts Revolving machinery Pressure plaint Section 25-33C
  • 22. Safety of Workers Floors, stairs and means of access Pits, sumps, opening in floors etc Excessive weight Protection of eyes Power to require specification of defective parts or test of stability Safety of building, machinery and manufacturing process Power to make rules to supplement rules of health and safety Precautions against dangerous fumes Explosive or inflammable dust, gas etc Power to exclude children Notice of certain accidents Appeals Section 33D-33P
  • 23. Safety of Workers Additional power to make health and safety rules relating to shelters during rest •Room for children •Certificate of stability •Hazardous operations Section 33-Q
  • 24. Working Hours of Adults Daily Hours: An adult worker shall allowed to work in a factory for not more than 9 hours a day. And 10 hours a day for seasonal factory. Weekly Hours: A worker shall not be allowed to work for more than 48 hours in a week and for seasonal factory 50 hours in a week shall be allowed to work for male adult worker If for technical reasons a work continues throughout the day a worker may be allowed to work for 56 hours in a week (sec 34) Interval for rest: If work continues for 6 hours than 1 after that interval for one hours is given If the work continues for hours in shifts than then after every 5 hours 30 minutes two intervals must be give to a worker. Section 36,34 & 37
  • 25. Double employment: An adult worker is not allowed to work in another factory except under few specified circum stances ( sec 48) Over Time: If a worker has worked for more than 9 hours in day or 48 hours in a week he shall be entitled to pay at the rate twice his ordinary rate of pay. Section 47 & 48
  • 26. Child Worker Working Hours  No child who has not completed his 14th year shall be allowed to work in any factory.  Not be allowed to work for more than 5 hours in a factory  No child shall be allowed to work except between 6a.m to 7p.m  Children's are not allowed to work on any cotton opener., or can not work on dangerous machines. Proper register should be maintained for children
  • 27. Working hours of Women Worker Women workers shall not be allowed to clean, lubricate, or adjust any part of machinery (sec27) They are not allowed to work in a place where cotton opener is at work A women shall not be allowed or required to work for more than 9 hours in a day(sec 36)  A women shall be allowed to work between 6a.m to 10p.m provided that transport is available (sec45) A separate room for use of women where 50 or more women worker is working Section 27,36 & 45
  • 28. Holidays with Pay Annual holidays: A Worker who has completed 12 months continues services allowed for 14 days consecutives holidays with full pay(sec49) Casual Leave: Every worker shall be entitled casual leave for 10 days in a year Sick leave: Sixteen days sick leave on half average pay in a year. Festival holidays: Every worker shall be allowed with pay and all declared festival holidays by provincial government. Compensatory Holidays: When a worker is deprived of any of the weekly holidays he shall be allowed holidays of equal number to the holidays so lost(sec 35A) Section 35A – 49A,B,C&D
  • 29. Penalties And Procedure Penalty for contravention of act and rules Enhanced penalty in certain cases after previous conviction Penalty for failure to give notice of commencement of work or change of manager Penalty for obstructing inspector Penalty for failure to give notice of accident Penalty for failure to make returns Penalty for making or using naked lights in vicinity of inflammable material Penalty for using false certificate Penalty on guardian for permitting double employment of a child Penalty for failure to displace certain notices Section 60-69
  • 30. Penalties And Procedure  Determination of occupier  Exemption of occupier from liability  Presumption as to employment  Evidence as to age  Cognizance of offences  Limitation of prosecution Section 70- 75