Factory Act 1934

By:
Shehroz Ahmed Adil
10833
FACTORY ACT
1934

CONTENT
• Preliminary
• The Inspecting Staff
• Health of Workers
• Safety Of Workers
• Welfare of Workers
• Provisions related to Holidays
• Provisions related to Working hours
• Employment of Women & Children

PRELIMINARY
• This Act may be called the Factories Act, 1934.It extends to the whole of Pakistan. It
shall come into force on the 1st day of January 1935.
• Terminologies such as
• (a) "adolescent“ (b) "adult" (c) "child“ (d) "day“ (e) "week“ (f) "power"
• (g) "manufacturing process" means any process -
(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;

• (h) "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, or in any other kind of work whatsoever, incidental to or
connected with the subject of the manufacturing process, but does not include any person
solely employed in a clerical capacity in any room or place where no manufacturing
process is being carried on.
• (j) "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) :

• (l) "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 ;
• (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) "prescribed" means prescribed by rules made by the Provincial Government
under this Act.
• 3. Reference to time of day. - Reference to time of day in this Act are references
to Standard Time which is five hours ahead of Greenwich Mean Times.

• 4. Seasonal factories. -
For the purposes of this Act, a factory, which is exclusively engaged in one or
more of the following manufacturing processes, namely, cotton ginning, cotton or
cotton jute pressing, the decortication of groundnuts, the manufacture of coffee
indigo, lac, rubber, sugar (including gur) or tea or any of the aforesaid processes,
is a seasonal factory.
7. Power to exempt on a change in the factory. - When the Provincial 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.

• 9. Notice to Inspector before commencement of work. -
• (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.

INSPECTING STAFF
• 10. Inspectors. - (1) 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.
• (2) The Provincial 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.
• (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 District Magistrate shall be an Inspector for his district.
• (5) 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.
• (6) To any area where there are more Inspectors than one, the Provincial 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 the Provincial Government may specify in this behalf.

• 11. Powers of Inspector. - Subject to any rules made by the Provincial 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 be 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.

• 12. Certifying surgeons.-
• (1) The Provincial Government may appoint such registered medical practitioners as 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 authorise any registered medical practitioner to exercise any of his
powers under this Act:
• Provided that a certificate of fitness for employment granted by such authorised 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 Central Legislature or any Provincial Legislature providing for the
maintenance of a register of medical practitioners, and includes, in any area where no such
register is maintained, any person declared by the Provincial Government by notification in the
Official Gazette, to be a registered medical practitioner for the purposes of this section.

LEGAL PROVISIONS RELATING TO HEALTH OF
WORKERS
• Cleanliness(11):
Factory can not only be kept clean but must be maintained with
cleanliness in such a way that accumulation of dirt and refuse must be
avoided. Removal of dirt and refuse alone is not enough but they have
to be disposed of in a suitable manner without, causing detriment to
the residence of locality.
• Disposal of waste and effluents(12):
Waste and effluents are tobe disposed of in order to maintane the
hygiene inside the factory. However , such waste can not be let out
without treatemnt . This is because waste would pollute the
surroundings. State pollution control have to be observed in this
regard.

• Ventilation and Temperature(13):
Ventilation and air circulation ensures normal health to the
workmen. In order to maintane ventilation and fresh air circulation ,
temperature in the working place should be secured. For this
purpose , the interior walls and roof of the factory must be properly
designed with heat resisting or heat proof material by the way of
insulation.
• Dust and Fumes(14):
Effective measures have to be addopted in order to prevent the
workers inhaling fumes , dust and impurities that are present in the
air. Control devices or tools must be used for the purpose of
preventing dust and fumes.

• Artificial Humidification(15):
In factories where artificial humidification is adopted from a point of
view of manufacturing a product.(e.g in textie mills), the norms
prescribed by the government must be strictly followed for
increasing or decreasing or maintaining such artificial
humidification. Water used in these plants must constantly
changed and it must be pure.
• Overcrowding(16):
Every worker require at least 350 cubic feet( after the
commencement of act , 500 feet) for the purpose of enabling him
to work with ease and comfort ensuring. The chief inspector of
factories, by notice may specify the number of person to be
employed in a room.

• Lighting(17):
Too much light throws glare on normal vision. Diffused light does
not help to promote proper vision . Hence , the required light with
minimum power must be provided. Glazed windows and sky lights
through which rooms are ventilated have to be constantly cleaned
from the inner and outer surface.
• Drinking Water(18):
Portable , pure or whole some drinking water shall be made
available to workman at convinient points. A notice board must be
displayed indicating availability of such facility. The notice shall
also contain the caption “drinking water “ in local language.

• Laterine and Urinals(19):
 For human being , two places are very important both have to be
kept clean and tidy. They are (i) Laterine and urinals (ii) Places
where people rest and relax
 Where 250 workers employed the urinals accomodations should
be prescribed sanitary type.
 The floors and internal walls should be of 3 feet and sweeper is
empoyed for the purpose of cleansing.
• Spittons (20) :
Its nothing but pots that are specially provided for into which the
workers have to spit.

LEGAL PROVISIONS RELATING TO SAFETY OF
WORKERS
• Fencing of Machinery:
(1) In every factory the following shall be kept adequately fenced,
namely : —
(a) every exposed moving part of a prime-mover and every
flywheel
(b) every hoist or lift, hoist-well or lift-well, and every trap-door
(c) every part of the machinery which the Provincial Government
may prescribe.

• (2) If it appears to the Inspector that any other part of the machinery in a factory is dangerous
if not adequately fenced, 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.
(3) All fencing required by or under this section or under sub-section (1) of section 26 shall be
maintained in an efficient state at all times when the workers have access to the parts

• Work on/near Machinery in Motion:
Such of those parts of machine that are in motion may have to be
constantly examined in order to ensure that there is not friction
The examination include lubrication on moving parts of machinery
by adult male worker .
• Employment of Young persons on Dangerous Machines:
1) No child or 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.

• Self-acting machines.
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
• Casing of New Machinery
(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
Hiring of this machines without safe guard is punishable with fine RS500 and
3 month imprisonment or both.

• Cotton Openers:
Womens and childrens are generally prohibited in being employed in pressing cotton in which
a cotton opner is at work
• Hoist and Lifts:
 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 authorised by
the Chief Inspector in this behalf at least once in every period of six months,

• Lifting Machines , Crane and Ropes:
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,
• Revolving of Machinery:
In case of use of revolving or grinding machines, Its necessary that the
optimum speed should be indicated for safe working of machine.
• Pressure Plant:
where any work carry on higher then atmospheric , steps must be taken to
see safe pressure is not exceeded

LEGAL PROVISIONS RELATING TO WELFARE OF
WORKERS
• Suitable and adequate WASHING facilities exclusively for both male
and female must be provided as prescribed by state government
• Suitable place must be provided to enabel worker for STORING &
DRYING clothes
• Arrangement shall be made for workers to SIT and take rest
• FIRST AID BOX containning an essential medicines must be provided
for every department with not less then 150 workers
• Factories employing 250 or more workers should provide one or more
CANTEEN as per state requirement
• Suitable SHELTERS ,RESTROOMS & LUNCH ROOMS with
provisions for drinking water shall be provided for every factory
employing 150 or more workers

• CRECHE is a room for accomodating children below age of six.It
should be properly lighted and adequately ventilated.
• In factories, where 500 or more workers are employed there shall
be such number of qualified WELFARE OFFICERS employed by
the management as per the norms prescribed by the state

FACTORY ACT PROVISIONS RELATED TO
HOLIDAYS
1. WEEKELY HOLIDAY :
• 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
(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 and
(ii) displayed a notice to that effect in the factory
2. COMPENSATOORY HOLIDAY:
Worker shall be allowed compensatory holiday if he deprived of weekly holiday

3. ANNUAL HOLIDAY:
On completion of 12 months every worker shall be allowed holidays
for 14 consecutive days and if he fails to take whole holidays due
to him shall be carry forward to next year
4. FESTIVAL HOLIDAY:
Every worker shall be allowed holidays with pay on all days declared
to be festival holiday.
5.SICK LEAVE:
Every worker shall be entitled to sixteen days sick leave on half
averge pay in a year.

PROVISIONS RELATED TO WORKING HOURS
Under the Factories Act, 1934:
No adult employee,
• can be required or permitted to work in any establishment in excess of 9 hours a day & 48
hours a week.
No young person,
• can be required or permitted to work in excess of 7 hours a day and 42 hours a week

Under the Factories Act, 1934:
Where the factory is a seasonal one,
• an adult worker shall work,
• no more than ten hours in any day and
• no more than fifty hours in any week
• However, if such adult worker in a factory is engaged in work, which for technical reasons
must be continuous throughout the day, the adult worker may work no more than fifty-six
hours in any week.

• Section 8 of the West Pakistan Shops and Establishments Ordinance, 1969 likewise,
restricts weekly work hours at 48 hours.
• The Shops and Establishments Ordinance regulates persons employed in shops and
commercial establishments, who are neither covered by the Factories Act nor by the
Mines Act.
• The Ordinance is exclusive in the whole of Pakistan except for the Federally Administered
Tribal Areas. Section 22-B of the Mines Act, 1923 also fixes weekly hours of work for
workers at 48 hours or 8 hours each day, with the limitation of spread-over 12 hours and
interval for rest for one hour every six hours. Section 22-C further limits the spread-over to
8 hours for work done below ground level.

• In factories, the periods and hours of work for all classes of workers in each shift must be
notified and posted in a prominent place in the principal language in the industrial or
commercial establishment.
• The law further provides that no worker shall be required to work continuously for more
than six hours,
• unless he or she has had an interval for rest or meals of at least one hour.
• During Ramadan (fasting month), special reduced working hours are observed in
manufacturing, commercial and service organizations.

EMPLOYMENT OF CHILDREN
• No child who has not completed his 14th year shall be allowed to work in any factory.
• The Factories Act, 1934 only allows for the employment of children between the ages of 14 and 18
years.
• A child or an adolescent, inspite of attaining the required age, cannot be allowed to work in a
factory without obtaining a fitness certificate for doing that work from a certifying surgeon or without
approval of doing that work from his/her parents or guardian.
• Child workers and adolescent workers are not allowed to perform double duty.
• They are not allowed to work at a pace where cotton opener is at work.
• They cannot oil or clean the machines while they are in motion.
• They are not allowed to work on dangerous machines.

• No child shall be allowed to work in any factory on any day on which he has already been working in
another factory.
• A child or adolescent shall not be allowed to work in a factory for more than 5 hours in any day.
• The hours of work of a child shall be so arranged that they should not spread over more than seven
and a half hours in any day.
• Under section 54, no child or adolescent shall be allowed to work in a factory except between 6 am
and 7 pm.
• The provincial government may, in respect of any class of factory vary those limits to any span of 13
hours between 5 am and 7 30 pm.

• The rules given under Section 35 regarding weekly holiday shall also apply
to child workers.
• Where children are employed in a factory the manager of that factory shall
maintain a register of child workers showing the,
• Name of each child
• age of each child
• nature of work he/she doing
• group in which he/she included and
• the number of his/her certificates of fitness.

• Under the Employment of Children Rules, anyone who employs a
child or permits a child to work in contravention of the Constitution is,
• punishable by imprisonment for a term extending up to one year
or
• or may be fined up to Rs. 20,000
• or subject to both.
• Repetition of the offense is punishable by imprisonment for a term
extending up to two years and shall not be less than six months.

• Machinery in motion:
Women shall not be allowed to clean, lubricate or adjust any part of the machinery while
in motion, or work between moving parts, or between moving and fixed part of
machinery in motion. Sec 27 (2)
• Cotton Openers:
Women shall not be employed in any part of the factory for pressing cotton in which a
cotton opener is at work. However they are allowed if the cotton openers are located on
different sides. (Sec.32)
• Suitable Room:
Where more than 50 women workers are ordinarily employed there shall be provided a
suitable room for use of children less than 6 years of age, Sec 33-2 (Q)

• Working Hours:
A woman shall not be allowed or required to work for more than 9
hours in a day and no exemption in this respect will be granted.
(Sec.36)
• Working Time:
A woman shall not be allowed to work except between 6 am and
10 pm in 2 shifts provided that transport is provided. However,
the Provincial Government may allow to work between 5 am and
7 pm in special cases. (Sec.45)

Factory Act 1934

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