The Factories Act of 1934 was passed to consolidate and amend laws regulating labor in factories in Pakistan. Some key points covered in the act include:
- Defining terms like factory, worker, child, adolescent etc.
- Requiring factories to maintain standards of cleanliness, ventilation, lighting, sanitation facilities and provide protective equipment to safeguard workers' health and safety.
- Restricting employment of women and children on dangerous machinery and processes.
- Mandating safety requirements for machinery, equipment, boilers and other apparatus.
- Empowering inspectors to ensure compliance with the act.
The act aimed to improve factory conditions and protect workers, especially women and children, from
3. The Factories Act
(XXV of 1934)
Dated 20th August, 1934
Preamble (Preliminary statement stating reason
or purpose) –
Whereas it is expedient to consolidate
and amend the law regulating labor in
factories.
4. Chapter I
Preliminary
Section 1- Short title, extent and commencement
The Factories Act, 1934.
It extends to the whole of Pakistan.
Shall come into force on the 1st day of January
1935.
5. Section 2- Definitions
Adolescent -15 years but not 17
Adult – 17 plus
Child – under 15 years
Day – starting midnight 24hours period
Week – 7days starting Saturday midnight
Power – electric/mechanically created energy,
not generated by human/animal agency
Manufacturing process for –
Making, altering, repairing, ornamenting, finishing,
packing any article/ substance for use, sale,
transport, delivery, disposal
6. Pumping oil, water or sewage
Generating, transforming, transmitting power
Worker – employee paid / unpaid for any kind of
work in a factory(excludes a clerk not linked
with manufacturing process).
Factory – 10 or more workers excluding a mine.
Machinery- complete plant whereby power is
generated, transformed, transmitted or applied.
Occupier – person/manager who completely
controls the affairs of the factory.
Relay- 2/more group of workers on same daily
job during different periods. Shift – work period
Prescribed – prescribed by rules made by the PG
under this Act.
7. Section 3- Reference to time of day
PST
PG to make rules if Standard Time is observed in
certain area –
area specified
local mean time defined
all /any factory permitted to observe that time
8. Section 4- Seasonal factories
Cotton ginning, cotton/jute processing, de-
cortication of groundnuts, manufacture of
coffee, indigo, lac, rubber, sugar, tea (any
factory working for over 180days/year not
included if so notified by PG)
Factories compelled to work for over 180days
/year during a particular season or out of routine
due to natural forces - notified Seasonal by PG
9. Section 5- Power to apply provisions applicable to
factories to certain other places
If notified by PG , any place / class of places /all
places , where manufacturing process, with/
without power, is normally undertaken by 5
workers or if they have worked on any 1day of
the immediate previous year, would follow
any/all the provisions of the Act.
Such place shall be considered as a factory
10. Section 6- Power to declare department to be
separate factories
Branches / depts within a factory, may thru
written order of PG, be declared as separate
factories .
11. Section 7- Power to exempt on a change
in the factory
Change in occupier/ manufacturing process – PG
may order written exemption
if number of workers is less than 20
would not be 20 or more on any day during the next
12 months
Exemption shall cease to exist on/after any day
20 workers work in factory
12. Section 7-A- Exemption from certain
provisions of the Act
Factories where up to 19 workers are/were
working on any one day of preceding 12 months
shall be exempted from Sections 14, 15(1)(b),
16, 17, 18, 21, 22, 23, 25, 33Q(3)
PG may notify application of any/all above
exemptions for any/class of factories
13. Section 8- Power to exempt during public
emergency
Any factory exempted, thru’ PG notification, for
specified period from any/ all provisions .
14. Section 9- Notice to Inspector before
commencement of work
Before commencing work occupier of
factory/seasonal factory shall inform Inspector
of -
Factory name & address
Postal address
Nature of manufacturing processes
Nature/consumption of power
Name of manager
Other prescribed particulars
15. Functioning factories –
shall inform the inspector about the particulars within
30 days of this Act’s commencement .
A change in manager to be informed by occupier
within 7 days he assumes charge
In case a manger is not appointed the acting
manager or the occupier shall be considered as
the manager of the factory.
16. Chapter II
The Inspecting Staff
Section 10- Inspector
Any appropriate person appointed by PG for
assigned local limits - public servant
Chief Inspector appointed by PG may exercise
Inspector’s powers for entire Province in
addition to his own powers – public servant
For more than one Inspector in an area - powers
defined
District Magistrate also Inspector for district
Additional Inspectors for local limits
No conflict of interest
17. Section 11 - Power of Inspector
Enter with Assistants(public servants) any place
used as a factory or could be declared as one
under Section 5
Inspect premises/plant, examine prescribed
registers, evidence of persons
Exercise any other necessary powers under the
Act
Questions with likely intention of charging a
person not required to be answered
18. Section 12- Certifying surgeons
RMP appointed for assigned local limits
Certifying Surgeon may delegate any of his
powers to any RMP for granting a fitness for
employment certificate valid for 3months only
19. Chapter III
Health and Safety
Section 13- Cleanliness
Cleanliness to be maintained , free from noxious
odor, proper water drainage system,
Daily sweeping, weekly floor washing, walls
painted every in 5years or white-washed every
14months
Record of process dates maintained in registers
Exemption granted by PG if compliance not
possible. Alternative methods specified
20. Section 14- Disposal of wastes and effluents
Effective measures to be taken
PG to make rules prescribing arrangements
21. Section 15- Ventilation and temperature
Effective maintenance in every work room –
Ventilation by circulating fresh air
Comfortable temperature
Materials of walls and roofs to minimize temperature
Insulation of hot areas in the work room where high
temperature is produced in order to protect workers.
PG to prescribe standards of adequate
ventilation / reasonable temperature
Methods for reducing high temperatures to be
prescribed by PG
22. PG may prescribe methods to be adopted where
high temperature reduction can be achieved by
white washing, spraying, insulating, roof level
raising, screening outside walls / roofs /
windows.
23. Section 16- Dust and fume
Production of injurious / offensive dust / fume /
impurity during production shall be controlled
through appropriate measures
exhaust system where provided shall be in close
proximity to dust/fume/impurity source.
Internal combustion engine shall operate only if
proper exhaust system and insulated pipes are
provided and if effective measures are available
for preventing of fume accumulation.
24. Section 17- Artificial humidification
PG may make rules for factories in which air
humidity is artificially increased and –
Prescribe humidification standards
Regulate the methods for increasing humidity
artificially.
Prescribes tests for determining humidity of air and its
recording.
Prescribe methods for securing adequate ventilation
and air cooling in work areas.
Purified water shall be used for increasing
humidity artificially.
Inspector to give written order for measures to
purify water if it is not pure.
25. Section 18- Overcrowding
Overcrowding injurious to health not permitted.
Every worker in a work room shall be provided
at least –
350 cu ft. of space in existing factory
500 cu ft. of space in a factory established after
enforcement of the Act.
Chief Inspector may order every work room shall
contain a notice indicating number of workers.
Exemption in writing may be granted by Chief
Inspector regarding provision of this Section.
26. Section 19- Lighting
Every part of factory shall be provided with
sufficient/suitable natural/artificial and
emergency light.
Glazed windows / sky lights shall be kept clean.
Work area shall be prevented from glare and
shadow formation.
PG to prescribe standards
27. Section 20- Drinking water
Points for supplying wholesome drinking water
clearly marked as “Drinking Water”
In case over 250 workers are employed cool
drinking water shall be available during summer
with sufficient drinking utensils.
PG may make rules for this purpose
28. Section 21- Latrines and urinals
Sufficient & prescribed type to be provided for
workers(separate for males / females)
Adequately lighted and ventilated
Not linked with work rooms
Constant maintenance of cleanliness& sanitary
conditions
Floors/internal walls with impervious surfaces
up to 3 ft high
Washing facilities to be provided
29. Section 22- Spittoons (cuspidors )
Sufficient number provided at appropriate places
PG to define rules for type, number & location to
maintain clean and hygienic conditions
Spitting not permitted elsewhere with in factory
premises. Penalty for violation to be displayed at
prominent places.
Fine not exceeding Rs. 2(100 now)
30. Section 23- Precautions against contagious or
infectious disease
Each worker provided with “Hygiene Card”
Medical examination conducted in Jan. and July
and fitness recorded in the card.
Fee for examination fixed by PG and borne by
occupier / manager
Worker suffering from contagious / infectious
disease shall not work till declared healthy.
31. Section 23-A- Compulsory vaccination &
inoculation
Vaccination / inoculation of workers against
prescribed disease(s).
Expenses borne by factory occupier / manager
32. Section 24- Power to make rules for the
provision of canteens
PG to make rules for provision of canteen where
over 250 workers are employed.
Rules to provide for –
Date of canteen’s establishment
Standards for construction, accommodation, furniture
and equipment etc.
Eatables served and their charges
Workers’ representatives in canteen management
Chief Inspector may be authorized to frame rules for
eatables
33. Section 24-A- Welfare Officers
Appointment of appropriately qualified Welfare
0fficers to be employed where 500 and above
workers are employed.
Duties to be performed on prescribed terms and
conditions.
34. Section 25- Precautions in case of fire
Fire escape to be provided.
If not available inspector shall order in writing
the measures to be adopted.
Doors/exits not to be locked during working
hours
Every window / door / exit serving as a fire
escape shall be clearly marked in red ( sign /
words).
Warning system to be provided
Free passage-way to be provided
35. On higher floors where more than 10 workers
are working or explosive / highly inflammable
materials are used / stored workers should be
aware of escape routes & trained for evacuation
procedures.
PG to make rules prescribing means of escape
and fire fighting equipment to be available.
36. Section 26- Fencing of machinery
Secure fencing of –
Prime mover’s moving part and its fly wheel
Water wheel / turbine’s head race / tail race
Any projecting part of the stock-bar
If not safe, every part of an electric generator, motor/
rotary convertor, transmission machinery, every
dangerous part of any machinery
If dangerous parts of the machinery cannot be
securely fenced due to nature of operation then
measures like –
Installation of automatic devices preventing
operator’s direct contact with dangerous part.
37. Automatic stopping devices
To prevent contact with worker every set screw,
bolt / key on revolving shaft, spindle wheel /
pinion, spur, worm, toothed or friction gearing in
motion shall be securely fenced.
PG may exempt from the provisions of this
Section or may prescribe rules for further
precautions with respect to any particular
machinery / part thereof.
PG to prescribe precautionary rules for a
machinery or part there of
38. Section 27- Work on or near machinery in
motion
Specially trained and authorized adult male
worker with tight fitting clothing shall examine
any moving machinery, mount handle the belt of
moving pulley if it is less than 6 inches wide and
belt joint is laced / flushed with the belt.
A woman/child neither permitted to clean,
lubricate, adjust a moving machinery / its part
nor work between moving parts, fixed and
moving parts of a machinery motion.
PG may notify prohibition of the cleaning,
lubricating, adjusting of machinery parts when in
motion.
39. Section 28- Employment of young persons on
dangerous machines
Unless fully aware of the dangers, and,
precautions, no child or adolescent can work on
a machine if –
Sufficiently trained to work on the machine
Supervised by an experienced & machine expert.
Applicable to machines notified by the PG as
dangerous.
40. Section 29- Striking gear and devices for
cutting off power
Each factory shall have -
Appropriate striking gear, efficient mechanical
appliances for moving driving belts to-from fast &
loose pulleys that form part of the transmission
machinery.
Gear should prevent moving back of the belts on fast
pulleys
Suitable devices shall be provided in every work
room for cutting off power in emergencies from
running machinery.
(For factories functioning prior to this Act the
provisions shall apply only to work rooms using
electricity).
41. Section 30- Self-acting machines
If the space over a back and forth moving part
of an automatic machine and the material it
carries can allow free movement of workers it
shall not be permitted to run within 18 inches
distance from any fixed structure which is not
part of this machine.
42. Section 31- Casing of new machinery
All power driven machinery, installed after the
commencement of the Labor Laws, shall be
completely encased/effectively guarded to
prevent hazards.
Person selling/hiring machinery, not compliant to
these provisions, may be punished with
imprisonment up to 3 months or fine up to Rs
500(20,000) or with both.
PG may make rules on safe guards for any other
dangerous part, particular machine, class or
machine description.
43. Section 32- Prohibition of employment of
women and children near cotton
openers
A woman or child shall not be employed in any
part of a factory for pressing cotton where
cotton openers are operational.
An inspector may in writing permit working of
women / children at the “feed end” if it is
separated by a partition from the “delivery end”.
44. Section 33- Cranes and other lifting
machinery
For cranes, lifting machinery, except hoists/lifts,
every part including fixed / moveable working
gear, ropes, chains, anchoring and fixing
appliances shall be –
Properly constructed from sound material and of
adequate strength
Thoroughly examined annually by competent person
and noted in the register.
Machinery work load to be mentioned on it &
observed
Safe guards to be observed for persons working near
cranes to avoid accident contact with live electrical
lines
45. Overrunning to be prevented through limit switches
PG to frame rules for lifting machinery or class /
description thereof –
Prescribe additional requirements for compliance
Grant exemption from compliance from all / any
requirements
46. Section 33-A- Hoists and lifts
Hoist & lift in factory shall be properly
constructed with good material & strong.
Properly maintained and examined by Chief
Inspector authorized competent person every 6
months. Report forward to Chief Inspector.
Hoist way / lift way protected with gated
enclosure to prevent trapping of workers
between moving and fixed part.
Load bearing capacity of hoist / lift to be marked
on it.
47. Hoist / lift cage to be fitted with locking device
gates on each side to enable landing / loading
of personnel.
Cages to be supported by two ropes / chains to
maintain balance and to carry the required load.
Supportive efficient devices to be provided in order to
prevent mishap in case of any attachment breakage.
Efficient automatic device to prevent cage over
running.
The Chief Inspector may permit use of hoist / lift
in a factory functioning prior to this Ordinance
incase it does not comply with the conditions.
PG may grant exemption if it considers
unreasonable to enforce these provisions to a
class / description of hoist / lift
48. Section 33-B- Revolving machinery
Maximum and safe working speed shall be
permanently fixed near machine with revolving
parts.
Fixed speed not to be exceeded and measures
to maintain it shall be taken.
49. Section 33-C- Pressure plant
Operation of plant / machinery above
atmosphere pressure shall be monitored to
ensure safe working pressure.
PG to make rules for examination / testing of
such plant / machinery and prescribed safety
measures.
50. Section 33-D- Floors, stairs & means of access
Floors, stairs, passages, gangways soundly
constructed with hand rails and properly
maintained.
Safe access to place of work.
Fencing of areas at a height of 3.5 ft.
Drainage of floors in wet process areas, slatted
stands and plate forms.
51. Section 33-E- Pits, sumps, opening in floors,
etc.
Securely covered/ fenced – each fixed vessel,
sump, tank pit or opening in floor which could
be dangerous
PG may with certain conditions exempt a factory
/class of factories from this
52. Section 33-F- Excessive weights
Workers not to lift, carry, move heavy loads
liable to injury.
PG to make rules regarding maximum weights
that can be lifted, carried, moved by adult man /
woman, adolescent and child.
53. Section 33-G- Protection of eyes
PG may frame rules requiring protection of
worker eyes through effective screens / goggles
in factories where –
Risk of injury is likely from particles / fragments
Risk is likely by exposure to light / heat.
54. Section 33-H- Powers to require specifications
of defective parts or tests of
stability
If the Inspector considers any building,
passages, machinery or plant in a factory to be
dangerous to human life / safety he may in
writing require the Manager to provide within a
specified date –
Drawings / specifications / particulars for determining
the safety aspects.
To undertake tests necessary to determine the
strength / quality of any specific part and provide the
results to the Inspector.
55. Section 33-I- Safety of building, machinery and
manufacturing process
If the Inspector considers any building,
passages, machinery, plant or manufacturing
process in a factory to be dangerous condition
to human health or safety he may in writing
advice the Manager with the measures to be
adopted before a specified date.
On non redressal of the above conditions Chief
Inspector may order the manager in writing not
to appoint worker in the factory or its part who
could not remove the danger or till it is
removed.
56. If apparent use of a building or its part, plant
machinery could be a hazard to human health or
safety, Inspector may prohibit the Manager in
writing , the employment of a person not
required for removing the danger or till its
removal
57. Section 33-J- Power to make rules to
supplement this Chapter
PG to make rules for –
Including devices & measures for ensuring workers
safety
Beginning of power aided manufacturing processes
after providing a Certificate of Stability on prescribed
form signed by person of prescribed qualifications
58. Section 33-K- Precautions against dangerous
fumes
Entry of workers in confined areas of factories
where dangerous fumes could be present is not
permitted unless a man hole or exist is provided.
In confined areas not permitted –
Portable electric lights exceeding 24 volts
Light / lamp other than flame proof type if area has
inflammable fumes / gases
Entry in factory confined area permitted if –
Measures have been taken to remove fumes or
prevent creation of fumes
59. Written certificate has been issued by a competent
person verifying that the area is free from dangerous
fumes and safe for workers entry.
The worker has a proper breathing equipment and a
belt with the free end held by a person outside
confined space.
Emergency equipment –
Breathing / reviving apparatus, belts and ropes shall
be provided in the proximity of confined area / space.
Apparatus shall be periodically examined and certified
by designated / competent officer.
Sufficient workers in the factory shall be trained to
use this equipment and revive respiration.
60. Unless safe to enter or sufficiently cooled no
person will be allowed to enter any boiler, pipe,
furnace, chamber tank or confined space.
PG to frame rules for –
Maximum dimensions of man holes
Granting exemption in writing to any factory, class /
description of factories from complying with any
provisions of this section.
61. Section 33-L Explosive or inflammable dust,
gas, etc.
In a factory where a manufacturing process
produces, dust, gas, fumes or vapor that can
lead to explosion precautions necessary –
Effective enclosure of the plant / machinery
Removal / prevention of the accumulation of such
dust, gas, fumes or vapor
Sources of ignition to be removed
Plant / machinery to be provided with chokes,
baffles, vents etc in factories which are not
capable to with stand the expected pressure
cause by explosion.
62. The part of the plant / machinery containing
explosive / inflammable gas or vapor at a
pressure higher than atmospheric shall be
opened only if –
Gas / vapor flow shall be stopped before loosening
any pipe connected
All safety measures shall be taken to bring the
pressure of the gas / vapor in the pipe to
atmospheric.
Effective measures shall be taken to prevent any
explosive / inflammable of gas / vapor from entering
the pipe which has been loosened / removed.
Machinery installed in open air will be exempt
from this provision.
63. Plant, tank or vessel containing explosive /
inflammable substance shall be welded, brazed
soldered or cut only if –
The heat / spark producing process the substances /
fumes have been removed or made non inflammable.
The plant, tank, vessel has been cooled the
flammable substance shall be allowed to enter it.
PG may frame rules to exempt a factory or class
/ description of factories from all or any of these
provisions.
64. Section 33-M Power to exclude children
PG to frame rules prohibiting admission of
children to specific class of factories or their
specific parts where they cannot be employed.
In case children present unlawfully in a factory
Drug Inspector may, by written order, direct the
manager of a factory to prevent admission of
children in it or any part.
65. Section 33-N Notice of certain accidents
The manager of a factory shall inform the
authorities on prescribed form and within
prescribed time if an injured worker has been
unable to resume duty 48 hours after the
occurrence of an accident .
66. Section 33-P Appeals
Manager / occupier of the factory who has been
served notice by an Inspector under this Chapter
may within 30 days of the serving of the notice
make an appeal to the PG or prescribed
authority.
PG / appointed authority may confirm, modify or
reverse the order.
Appellate Authority may, if so desired in the
appeal, may hear the appeal with the assistance
of assessors (1 of Appellate Authority + 1 of
Industry concerned)
67. Appellate Authority hear appeal if –
No assessor is nominated by manufacturer
Assessor so nominated deliberately fails to attend the
hearing
Appellate Authority may hear an appeal without
an /any assessor
Appellate Authority may suspend the order
appealed against till decision of the appeal. (
Exceptions – appeal against the building
involving danger to human health / safety
[Section 33-I(3)] and employment of children in
factory dangerous / injurious to their health
[Section 33-M(2)]).
68. Section 33-Q Additional power to make health
and safety rules relating to
shelters during rest
PG may frame rules with respect to –
Provision of rest areas and standards thereof in
factories employing more than 150 workers.
Provision of suitable room(day care) for under 6
years’ children where over 50 women are employed
Certificates of Stability on the prescribed form signed
by a qualified person provided to Inspector before
factory functioning with the help of power becomes
operational
69. Hazardous operations involving risk of injury,
poisoning, disease in factory / class of factories –
Specifying and notifying operations as hazardous
Prohibiting / restricting employment of women, adolescents,
children on the operation.
Provisions of medical examinations of employees / to be
employed persons and their certification. Prohibition of unfits
employment
Provisions of protective measures for person employed
PG to frame rules requiring occupier / manager
of factories to maintain stores for and provide
safe custody and use of first aid appliances.
70. Restrictions on Working Hours of Adults
Section 34- Weekly hours
Adult working hours –
Not more than 48 hours in a week
Seasonal factory - not more than 50 hours in any
week.
For technical reasons and continuous work
throughout the day an adult may work for 56
hours in any week.
71. Section 35- Weekly holiday
No adult worker shall work in a factory on a
Friday unless –
He is granted one holiday 3 days before / after that
Friday.
The Manager has before that Friday / substituted
day -
Informed the Inspector of this change thru’ a notice.
Displayed a notice in this regard in the factory.
(No substitution allowed in which a worker
works for more than 10 days continuously
without a holiday).
72. Above notice can be cancelled, by informing the
Inspector at least a day earlier than Friday /
holiday to be cancelled.
Weekly working hours shall be included in the
preceding week if a worker works on a Friday
and has availed one day leave 3days before it.
73. Section 35-A- Compensatory holidays
On deprivation of weekly holiday (s) the worker
shall be granted equal number of holidays as
soon as possible.
PG to make rules prescribing the manner in
which such holidays are to be allowed.
74. Section 36- Daily hours
No adult worker shall work in a factory for more
than 9 hours daily ( 54 hours/week).
Male adult worker in a seasonal factory may
work for 10 hours daily ( 60 hours/ week).
75. Section 37- Intervals for rest
Working period of adults fixed with rest –
Not exceeding 6 hours and rest interval of minimum
one hour.
5 hours working with half hour rest interval before
and after working.
76. Section 38- Spread Over
Daily work periods for adults including rest
intervals shall not spread over more than 10.5
hours.
In seasonal factory 11.5 hours
In case of particular factory PG may grant
permission and define conditions if other wise.
77. Section 39- Notice of Periods for work for
adults and preparation thereof
Notice of Periods of Work for adults shall be
clearly displayed and maintained.
Period shall be fixed before hand and not
contravene Sections 34- 38.
For same work periods of all adult workers the
manager shall fix these periods.
For different working periods he shall divide
workers in groups according to their work nature
78. For groups not working in shifts the manager
shall fix their working period.
A group working in shifts without pre-decided
change in working periods, the manager shall fix
the period of the groups’ relay.
In a system of shifts where periodical change in
shifts is pre-decided the Manager shall notify
work details
PG may make rules for prescribing forms for
Notice of Periods for Work for Adults and
manner of their maintenance.
79. Section 40- Copy of Notice of Periods of
Work to be sent to Inspector
Two Copies of Notice of Periods of Work to be
sent to Inspector within 14 days of the Act’s
commencement.
Before any proposed change in work schedule
requiring revision of the Notice it shall be
notified to the Inspector in duplicate and shall
be implemented after the approval.
80. Section 41- Register of Adult Workers
Manager shall maintain a Register of Adult
Workers with particulars on –
Name and age
Nature of work
The group, if any, in which included,
If the group works in shifts, the relay to which he is
allotted.
Such other particulars as may be prescribed
Inspector may allow routinely maintained register/roll
PG may exempt no risk factory(ies) from these
provisions
PG to frame rules prescribing Register of Adult
Workers, manner of maintenance and period.
81. Section 42- Hours of work to correspond with
Notice under Sec. 39 & Register
under Sec. 41
No adult worker shall be allowed / required to
work except according to the –
‘Notice of Periods for Work’ (adults) displayed under
Section 39(1)
Entries made beforehand against his name in the
‘Register of Adult Workers’ under Section 41.
82. Section 43- Powers to make rules exempting
from restrictions
PG may frame rules regarding supervisors and
persons responsible for confidentiality.
Except for Section 45 (1) (b) other provisions of
this Chapter shall not apply to any such person.
PG may frame rules for exempting adult workers
& prescribe the extent and conditions. This
would apply to workers engaged –
On urgent repairs - from Sections 34-38.
In preparatory / complementary work apart from the
general working of the factory - from Sections 34,
36, 37, 38.
83. The work where the rest intervals are more than
normal under Section 37 – from Secs. 34, 36 to 38.
Any work carried out continuously through out the
day for technical reasons – Secs. 34 to 38.
Making / supplying of essential articles requiring daily
supply – Section 35.
Manufacturing process only carried out during fixed
seasons – Section 35.
Manufacturing process dependant on irregular action
of natural forces – Secs. 35, 37.
Engine rooms or boiler houses – Section 35
84. Above exemption rules may also provide for any
resulting exemption from Secs. 39( work period
notice)& 40(copy of notice to Inspector).
Rules shall give maximum limits for weekly
working hours of all workers. This shall not
apply to workers engaged on urgent repairs.
These rules shall remain in force for 3 years.
85. Section 44- Power to make orders exempting
from restrictions
PG may, by written order, relax/modify the
provisions of Sections 39& 40 to extent, manner,
conditions considered appropriate, if fixation of
work period is not reasonable due to nature of
work.
In case of extra ordinary pressure of work the
PG or Chief Inspector may by written order
exempt on conditions all / any adult worker in a
factory, group / class of factories from Sections
34 to 40.
86. Above exemption for weekly working hours shall
be as per maximum limits in Section 43 (4).
The order regarding extra work pressure shall
be valid for specified period.
PG may notify extension of such order for a
period not exceeding 6 months at a time.
87. Section 45- Further restrictions on the
employment of women
For women workers –
No exemption from provisions of Sec. 36(rest interval)
Working time between 6am and 7pm
PG may notify for class(es) of factories for
part/entire year the above working limits to 10
and half hours or in case of seasonal factory 11
and half hours between 5:00 am to 7:30 pm.
For seasonal factory or class thereof in a
specified area PG may make rules defining
working periods for women to be between 6am
and 7pm but not less than 10 hours.
88. PG may make rules exempting above restriction
for women working in fish-curing / canning
factories beyond said hours in order to prevent
damage / deterioration of raw materials. These
rules shall remain in force for not more than 3
years.
89. Section 46- Special provision for night shift
For workers on a shift extending after mid night,
the following 24 hours day, shall be considered
to begin when the shift ends. The working hours
after mid night shall be counted towards the
previous day.
PG may by a written order direct that any
specified factory / class of workers there in the
following day of 24 hours period shall begin
when the shift begins and the hours worked
before mid night shall be considered towards the
ensuing day.
90. Section 47- Extra pay for overtime
A worker shall be entitled to be paid twice his
ordinary pay rate if -
He works in a non-seasonal factory for more than 9
hours / day or more than 48 hours / week.
Works in seasonal factory for more than 9 hours / day
or more than 50 hours / week.
(Ordinary rate of pay – all remunerations except house
accommodation value, electricity, water, medical or
other amenity, contributions towards pension/
provident funds, travelling allowance, gratuity, bonus
or share in factory profits).
91. If paid on piece – rate basis PG may, in
consultation with the industry, fix time rates
equivalent to average rate of earning.
PG may prescribes registers to be maintained by
the factory for compliance of this Section’s
provisions.
92. Section 47-A- Obligation to work overtime
Adult workers may be required to work
overtime, provided it conforms to the provisions
of this Act and the rules made there under.
93. Section 48- Restriction on double
employment
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, except in
prescribed circumstances.
94. Section 49- Control of overlapping shifts
PG may make rules providing that in any
specified class (es) of factories work shall not be
carried on by a system of shifts, arranged for
the same kind of work and at the same time,
except with the permission of the PG, and,
subject to such conditions imposed, either
generally or for any particular factory.
95. Chapter IV-A
Holidays with Pay
Section 49-A Application of Chapter (do not
apply to a seasonal factory)
Any right (award , agreement , contract of
service) to which a worker is entitled under any
other Act shall not be affected under this
Chapter
96. Section 49-B Annual Holidays
On completion of 12months’ continuous service
a worker shall be entitled to 14 consecutive
days’ leave in the next 12months
If worker does not avail all 14days’ leave the
remaining will be carried over to the next period
provided they do not exceed 14
If worker is sacked/resigns he shall be paid an
amount calculated on daily wages basis for the
remaining holidays
97. Section 49-C Pay during annual holidays
Worker shall be paid at the rate of daily wages
excluding overtime
98. Section 49-D Payment when to be made
Half the total pay calculated for the entire
holiday period shall be paid to the worker before
his holidays begin.
99. Section 49-E Power of Inspector to act for
Worker
Any inspector may institute proceedings on
behalf of any worker to recover any unpaid sum
by an employer.
100. Section 49-F Power to make rules
PG may make rules to implement the provisions
of this Chapter.
The rules may provide for maintenance by
employers of Registers containing prescribed
particulars which shall be available for
Inspectors’ examination.
101. Section 49-G Exemption of factories from
provisions of this Chapter
If a factory is following the leave rules similar to
those provided in this Chapter the PG may
exempt it in writing from the provisions of this
Chapter.
102. Section 49-H Casual leave and Sick leave
Every worker shall be granted 10 casual leaves
with full pay, and sixteen sick leaves on half
average pay annually.
103. Section 49-I Festival holidays
Subject to declaration of festival holidays by PG
all workers shall be granted these holidays with
pay.
If a worker works on any festival holidays he is
allowed one additional compensatory holiday
with full pay and a substitute holiday.
104. Chapter V
Special Provisions for Adolescents & Children
Section 50- Prohibition of employment of
young children
No child under 14 years shall be allowed to work
in any factory.
105. Section 51- Non-adult workers to carry
tokens giving reference to
certificates of fitness
No child who has completed his 14 years, or
adolescent, shall be permitted to work in a
factory unless –
His certificate of fitness(u/sec 52) is in the custody of
factory manager.
He carries with him a token giving a reference to that
certificate while at work.
106. Section 52- Certificates of fitness
On application of a child / adolescent / parent /
guardian the Certifying Surgeon shall examine
the person desirous to work in a factory.
The Surgeon may, after examination, grant in
the prescribed form a certificate of fitness to
work in a factory -
To a child if he has completed his 12 years, is fit and
up to the physical standards.
As an adult if he has completed his 15years and is fit
for a full day’s work
107. The Certifying Surgeon may cancel any
Certificate of Fitness if in his opinion the holder
is no longer fit to work.
If a Certifying Surgeon either refuses to grant a
certificate or cancel it he shall give the reasons
in writing if so requested by the applicant.
108. Section 53- Effect of certificate granted to
adolescent
An adolescent certified to be fit & carries a token
of certificate shall be considered as an adult for
all purposes of Chapter 1V.
An adolescent who has not been granted a
certificate of fitness shall be considered a child
without giving consideration to his age.
109. Section 54- Restrictions on the working hours
of a child
A child / adolescent shall not work in a factory
for more than 5 hours daily.
Work hours of a child shall not spread over more
than 7 and a half hours daily.
A child / adolescent shall work in a factory only
between 6 am to 7 pm.
(PG may notify for any class(es) of a factory this
time span to be of 13 hours between 5 am to
7.30pm )
110. Provisions of Section 35 (holidays) shall also
apply to a child worker but without any
exemption.
No child shall work in any factory on the same
day on which he has already worked in an other
factory.
111. Section 55- Notice of periods for work for
children
Notice of Periods for Work of Children, giving
working periods, shall be fixed before hand,
correctly maintained and displayed in every
factory.
Contravention of Section 54 not allowed for
children.
Section 40(notice to Inspector) shall also apply
to Notice of Periods for Work of Children.
PG may make rules prescribing forms for Notice
of Periods for Work of Children.
112. Section 56- Register of child workers
The manager of every factory shall maintain a
register of child workers with following
particulars –
Name and age
Nature of work
The group, if any, in which included
Group works on shifts and relay allotted.
Number of certificate of fitness.
Other prescribed particulars
113. PG may make rules prescribing the form of the
Register of Child Workers, the manner in which
it shall be maintained and the period for which it
shall be retained.
114. Section 57- Hours of work to correspond with
Notice & Register
A child shall work according to Notice of Periods
for Work for Children and entries made in
advance against his name in the Register of
Child Workers shall be maintained under Sec. 56
(1)
115. Section 58- Power to require medical
examination
If in the opinion of an inspector a child /
adolescent is working without a certificate of
fitness or is no longer fit to work he may serve a
notice to the manager of the factory to get
examined by a Certifying Surgeon / Authorized
Practitioner Sec. 12 (2)
Such a worker may not be allowed to work until
a certificate of fitness is granted
116. Section 59- Power to make rules
PG may make rules –
Prescribing forms for Certificate of Fitness, their
duplicates and fees.
Prescribe physical standards for children / adolescents
Regulate procedure for Certifying Surgeons and their
duties.
Any other matter
117. Section 59-A- Provisions to be in addition to
Act, XXVII of 1938
This chapter is in addition to and not against the
Employment of Children Act 1938.
118. Chapter VI
Penalties & Procedure
Section 60- Penalty for contravention of Act
& Rules
Contraventions –
Sections 13 – 32(Health& Safety) or any
order made under these sections
Rules made under Sections – 33(a), 33J,
33Q
Any condition imposed under Section 33P
(3)
119. Any person allowed to work in contravention to-
Sections – 34 to 38, 42, 45,48, 49 H & I or rules
made there under
Any condition/ exemption under S-39-41,44,47
Non payment of extra salary u/s 47
Child/adolescent allowed to work u S- 50, 51,
54, 55, 57,58
Punishment -
Manager or occupier of factory fined up to Rs 500
If both are punished then total amount shall not be
more than Rs. 500
120. Section 61- Enhanced penalty in certain
cases after previous conviction
Subsequent offence –
1st - up to Rs. 750 but not less than 100
2nd – up to Rs.1000 but not less than 250
Court may reduce fine in exceptional cases
121. Section 62- Penalty for failure to give notice
of commencement of work or
change of manager
If occupier of a factory fails to give any notice
required by sub-section (1) *[sub-section(1-A)]
or sub-section (2) of Section 9 (Notice to
Inspector before starting work) shall be
punishable with fine which may extend to five
hundred rupees.
122. Section 63- Penalty for obstructing Inspector
Whoever deliberately obstructs an Inspector in
exercising any power under Section 11, or fails
to produce on demand by an Inspector any
register or other documents in his custody under
this Act or the rules made there under, or
conceals or prevents any worker in a factory
from appearing before or being examined by an
Inspector, shall be punishable with fine which
may extend to five hundred rupees.
123. Section 64- Penalty for failure to give notice
of accident
A factory manager who fails to give notice of an
accident, under Section 33-N, shall be
punishable with fine extending to five hundred
rupees.
124. Section 65- Penalty for failure to make
returns
Any return, if not furnished as required under
Section 77, the manager and the occupier of the
factory shall each be liable to fine which may
extend to five hundred rupees.
If both the manager and the occupier are
convicted the aggregate of the fines shall not
exceed this amount.
125. Section 66- Penalty for smoking or using
naked light in vicinity of
inflammable material
Whoever smokes, or uses a naked light or
causes or permits any such light to be used in
the vicinity of any inflammable material in a
factory shall be punishable with fine which may
extend to five hundred rupees.
Exception –
This provision will not apply to the use, in accordance
with prescribed precautions, of a naked light in the
course of a manufacturing process.
126. Section 67- Penalty for using false certificate
Whoever knowingly uses or attempts to use, a
certificate of fitness granted to himself under
Section 52 a certificate granted to another
person, 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 which may extend
to twenty rupees.
127. Section 68- Penalty on guardian for
permitting double employment of
a child
If a child works in a factory on any day on which
he has already been working in another factory,
the child’s parent/guardian/custodian, or his
controller or person obtaining any direct benefit
from his wages shall be punishable with fine
which may extend to twenty rupees, unless it
appears to the Court that the child worked
without the consent, connivance or willful
default of such parent, guardian or person.
128. Section 69- Penalty for failure to display
certain notices
A factory manager who fails to display the notice
required under sub-section (1) of Section 76 or
by any rule , or to display or maintain any such
notice as required by sub-section (2) of that
section, shall be punishable with fine which may
extend to five hundred rupees.
129. Section 70- Determination of “occupier” for
purposes of this Chapter
If occupier is a firm all members thereof will be
prosecuted unless firm nominates one member
as an occupier
If occupier is a company any one director will be
prosecuted
In case of a private company any one share
holder will be prosecuted
130. Section 71- Exemption of occupier from
liability in certain cases
Occupier/manager charged with an offence can
complain against another person to be an actual
offender
Person complained against convicted of offence
& fine if during Court hearing the occupier/
manager can prove him to be guilty
Before initiating a proceeding if an Inspector is
satisfied that the occupier/manager are innocent
& can detect the offender he can directly
proceed against the actual offender
131. Section 72- Presumption as to employment
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.
132. Section 73- Evidence as to age
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.
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 stated in such declaration shall, for
the purposes of this Act, be admissible as
evidence of he age of that worker.
133. Section 74- Cognizance of offences
No prosecution under this Act, except a
prosecution under Sec. 66, shall be instituted
except by or with the previous sanction of the
Inspector.
No Court inferior to that of a Magistrate of the
First Class shall try an offence against this Act,
or any rule or order made there under, other
than an offence under Section 66 / 67.
134. Section 75- Limitation of prosecution
No Court shall take cognizance of any offence
under this Act or any rule or order there under,
other than an offence under Section 62 / 64,
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.
135. Chapter VII
Supplemental
Section 76- Display of factory notice
In addition to the notices required to be
displayed in any factory by this Act or the rule,
a notice containing such abstracts of this Act
and of the rules made there under, shall be
displayed in English and in the vernacular of the
majority of the workers, as prescribed by the PG
All notices required to be displayed 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.
136. Section 77- Power of Provincial Government
to make rules
The Provincial Government may make rules
requiring occupiers or managers of factories to
submit such returns, occasional or periodical, as
may in its opinion be required for the purposes
of this Act.
137. Section 78- Control of rules made by Local
Government
Omitted by the Government of India (Adaptation
of Indian Laws) Order, 1937.
138. Section 79- Publication of rules
All rules made under this Act shall be subject to
the condition of previous publication, and the
date to be specified under clause (3) of Sec. 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.
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.
139. Section 80- Application to Government
factories
This Act shall apply to factories belonging to the
Government.
140. Section 81- Protection to persons acting
under this Act
No suit, prosecution or other legal proceeding
shall lie against nay person for anything which is
in good faith done or intended to be done under
this Act.
141. Section 82- Repeal and Savings
[Repealed by the Repealing and Amending Act,
XX of 1937, S. 3 and Second Schedule].
The Schedule –
[Repealed by the Repealing and Amending Act, XX of
1937, Sec. 3, Sch. II]
