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
Section 1,2,10-12,13-33,34-
48,49-76
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.
Section-1
7. Definitions
Week: means a period of seven
days beginning at mid-night on
Saturday night.
Section – 2(e)
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.
Section – 2 (f)
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.
Section-2(g)
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.
Section-2(h)
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)
Section -2(j)
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.
Section-2(L)
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“
Section-2(m)
16. Seasonal Factories
A factory, which is exclusively engaged in one of the
following manufacturing processes, namely,
a. Cotton ginning, cotton or
b. 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 :
The Provincial Government may 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
18. Inspector
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.
The Provincial Government may appoint any person as Chief
Inspector who will also exercise power of Inspector through out
the Province.
No person having interest in a factory to be so appointed.
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.
Every Inspector and Chief Inspector to be a Public Servant –
PPC
Section 10
19. Powers of Inspector
Subject to rules made by Provincial Government, within his
limits of jurisdiction:-
Enter with such assistants (if any), being persons in the
service of state or of any municipal or other public authority as
he think fit any place which is or which he believes is used as
a factory or capable of being declared to be a factory under the
provisions of Factories Act 1934
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
Exercise such other powers as may be necessary for carrying
out the purposes of this Act
Provided no one shall be induced to criminate himself.
Section 11
20. Certifying surgeons
The Provincial Government may
appoint such registered medical
practitioners as within such local
limits as it may assign to them
respectively.
A certifying surgeon may authorize
any registered medical practitioner to
exercise any of his power under the
Factories Act 1934
Section 12
21. 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
22. Cleanliness
Accumulation of dirt and refuse be
removed daily
Floor of every work room be cleaned at
least once a week and disinfected
Effective means of drainage where floor
get wet during manufacturing process
Walls, ceilings or tops of rooms be
repainted in every 5 years
Record to be maintained in a register
Section-13
23. Disposal of Waste and
Effluents
Effective arrangements to be made to
dispose off the waste and effluents
created due to manufacturing process
Provincial Government makes the
rules to be followed and appoint
authority to monitor its implementation
Section-14
24. Ventilation And Temperature
Effective and suitable provision to be made in
every factory for securing and maintaining in
every work room
◦ Adequate ventilation by the circulation of fresh air
◦ Such temperature as will secure to workers
therein reasonable conditions of comfort and
prevent injury to health
◦ The walls and roof be of such material and
design that such temperature shall not exceed
but rather kept as low as practicable
Provincial government will prescribe standard
of adequate ventilation and reasonable
temperature
Section 15
25. Dust And Fumes
In every factory in which manufacturing
process produces dust or fumes injurious
or offensive to workers, effective
measures shall be taken to prevent its
accumulation in any work room and its
inhalation by workers
Effective exhaust appliances where
necessary be installed as near as
possible to the point of origin of dust or
fumes
No stationary internal combustion engine
shall be operated in any factory unless
the exhaust is conducted into open air
Section 16
26. Artificial Humidification
Provincial government may in respect of all factories in
which humidity of air is artificially increased makes rules
◦ Prescribing standards of humidification
◦ Regulating the method used for artificially increasing
the humidity of the air
◦ Directing prescribed test for the determining the
humidity of the air to be correctly carried out and
recorded
◦ Prescribing methods to be adopted for securing
adequate ventilation and pulling of the air in the work
rooms
Water used for increasing the humidity shall be
effectively purified or be from a source of drinking water
Inspector finding water used of being not purified may
serve a notice to manager to adapt specified measures
Section 17
27. Overcrowding
No work room to be overcrowded to
the extent of being injurious to health
of workers employed therein
350 cubic feet for every worker in
existing factories
500 cubic feet in factories established
after commencement Labour Laws
Ordinance 1972
Section-18
28. Lighting
In every part of a factory where workers are
working or passing, there shall be:-
. Sufficient and suitable lighting, natural or
artificial or both
. Emergency lighting in case power failure
All glazed windows and sky lights to be kept
clean and free from obstructions
Effective provisions for prevention of glare
either directly or by reflection
Provincial government may prescribe
standards for sufficient and suitable lighting
Section 19
29. Drinking Water
Effective arrangement for provision and
maintenance of suitable points for all workers
employed with sufficient supply of wholesome
drinking water
All such point be legibly marked drinking
water
No drinking water point to be situated within
20 feet of any washing place, urinal or latrine
If workers strength is ordinarily is more than
250 then effective means of cooling the
drinking water be made
Daily renewal of drinking water
Section 20
30. Latrines And Urinals
Sufficient latrines and urinals of prescribed
type to be provided conveniently situated and
accessible to workers at all times
Separate for male and female workers
Adequately lighted and ventilated
Clean and sanitary conditions to be
maintained at all times with suitable
detergents or disinfectants or with both
Floors and internal walls be finished with a
smooth polished surface
Washing facilities near every sanitary
convenience
Section 21
31. Spittoons
Sufficient numbers of spittoons at
convenient places
Maintained in clean and hygienic
conditions
No person shall spit any where else
Penalty for violation to be displayed
prominently
Section 22
32. Precautions Against Contagious
or Infectious Diseases
Hygienic Card provided to every
worker
Entry every January and July by
appointed Factory Doctor that worker
not suffering any contagious or
infectious disease
Worker found suffering on
examination shall not be on work till
declared fit
Fee of examination to be paid by
33. Safety For 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
34. 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
35. 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
36. Precautions Incase Of Fire
Every factory shall be provided with such means of
escape incase of fire as maybe prescribed
If inspector finds that any factory is not provided with the
means of escape prescribed, may serve on the manager
an order in writing specifying the measures to be
adopted before a date specified in the order
In every factory the doors affording exit shall not be
locked or fastened
Exit door be easily and immediately opened from inside
while any person is within the room and open outwards
Windows ,doors or other exit affording means of escape
shall be distinctly marked in language understood by the
worker and in red letters
Shall be provided effective and clearly audible means of
warning incase of fire
All workers be familiar with means of escape
Section 25
37. Fencing Of Machinery
In every factory be securely fenced by the safeguards
of substantial construction to be kept in position while
the parts of machinery required to be fenced are in
motion or in use
◦ Every moving part of a prime mover and flywheel
connected to it
◦ Headrace and tailrace of every water wheel and water
turbine
◦ Any part of a stock bar which projects beyond head stock
of a lathe
◦ Every part of an electric generator, a motor or rotary
converter, transmission machinery and dangerous part of
machinery
Where dangerous part of machinery cannot be securely
fenced due to operational requirement fancying be
substituted by automatic stopping device
Section 26
38. Work On Or Near Machinery In
Motion
Examination or operation be carried out only by
specially trained adult male worker wearing tight
fitting clothes whose name has been recorded in
the register prescribed in this behalf
No woman or child be allowed 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 in motion
Provincial Government may prohibit in any
specified factory or class of factories cleaning,
lubricating or adjusting when the parts are in
motion
Section 27
39. Employment Of Young Persons
On Dangerous Machines
No child or adolescent allowed to work
unless fully instructed to the dangers
arising in the process
Adequate supervision and sufficient
training at the machine
Provincial Government to notify such
type of dangers where children or
adolescents are not to be employed
Section 28
40. Striking Gear & Devices For
Cutting Of Power
Suitable striking gear or other efficient and
mechanical appliances shall be provided and
maintained and used to move driving belts to
and from fast and loose pulleys which form
part of 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
Driving belts which when not in use shall not
be allowed to rest or ride upon shaft in motion
Suitable devices for cutting off power,
provided and maintained in every work room
Section 29
41. Self Acting Machines
No traversing part of a self acting
machine in any factory and no material
carried there on shall, if the space over
which it runs is a space over which any
person is liable to pass, be allowed to
run on its outward or inward traverse
within a distance of 18 inches from any
fixed structure which is not part of
machine
Chief inspector may permit the continued
use of a machine installed before Labor
Laws Ordinance 1972 in contravention
Section 30
42. Casing Of New Machinery
In all machinery driven by power and
installed in any factory after Labor Laws
Ordinance 1972
◦ Every set screw , belt or key on revolving
shaft , spindle, wheel of pinion shall be so
sunk encased or otherwise effectively
guarded as to prevent danger
◦ All spur , warm and other toothed or friction
grating which does not require frequent
adjustment while in motion shall be
completely encased unless so situated as
safe as completely encased
Section 31
43. Prohibition Of Employment
Women And Children Near
Cotton Openers
No woman or child will be employed in
any part of a factory for pressing cotton
in which a cotton opener is at work
Provided free end of cotton opener is in
a separate room from the delivery end by
a partition extending to the roof or to
such height as the Inspector may specify
in writing women and children may be
employed on the side of partition where
the free end is situated
Section 32
44. Restriction on Working
Hours of Adults
Daily Hours: An adult worker shall be 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 .
Interval for rest: If work continues for 6 hours then 1 hour.
After every 5 hours 30 minutes.
Section 36,34 & 37
45. Restriction on Double Employment
An adult worker is not allowed to work in a day in more
than
one factory
Over Time
If a worker has worked for more than 9 hours in one
day or 48/50 hours in a week he shall be entitled to pay at
the
rate twice his ordinary rate of pay.
Section 48 & 47
46. RECAP
Preliminary/ Definitions
Inspecting Staff
Health & Safety
Restriction on Working Hours
NEXT WEEK
Holidays With Pay
Special Provision – Children &
Adolescent
Over Time
Penalties and Procedures
47. 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
48. Restriction on Double Employment
An adult worker is not allowed to work in a day in more
than
one factory
Over Time
If a worker has worked for more than 9 hours in one
day or 48/50 hours in a week he shall be entitled to pay at
the
rate twice his ordinary rate of pay.
Section 48 & 47
49. 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
Section 50-54
50. 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
51. Penalties and Procedure
Penalty for contravention of act and rules- Rs 500,Mgr &
Occupier for Health & Safety
Enhanced penalty in certain cases after previous
conviction- Second Conviction Rs 750 but not less than
Rs100.3rd Conviction Rs 200-1000. Time gap 2 years.
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
52. Penalties And Procedure
Determination of occupier
Exemption of occupier from liability
Presumption as to employment
Evidence as to age
Cognizance of offenses
Limitation of prosecution
Section 70-75
