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 HOURSUnder 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

PROVISIONS RELATED TO WORKING HOURSUnder 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.

PROVISIONS RELATED TO WORKING HOURS• 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.

PROVISIONS RELATED TO WORKING HOURS• 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 14 th 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.

EMPLOYMENT OF CHILDREN• 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.

EMPLOYMENT OF CHILDREN

• 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.

EMPLOYMENT OF CHILDREN• 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)

Employment of Women

• 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)

Employment of Women