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.

• Adolescent:means a person who has completed his fifteenth but has not completed hisseventeenth year.• Adult:means a person who has completed his seventeenth year.• Child:means a person who has not completed his fifteenth year.• Day:means a period of twenty-four hours beginning at mid-night.• Week:means a period of seven days beginning at mid-night on Saturday night.• Power:means electric energy, and any other form of energy which is mechanicallytransmitted and is not generated by human or animal agency.• Manufacturing process:means any process for making, altering, repairing, ornamenting, finishing orpacking, 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 forgenerating, transforming or transmitting power.

• 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 amanufacturing process.

• Factory: means any premises, including the precincts thereof,

whereon ten or more workers are working, or were working onany day of the preceding twelve months, and in any part ofwhich a manufacturing process is being carried on or is ordinarilycarried on with or without the aid of power, but does not includea mine, subject to the operation of the Mines Act, 1923 (IV of1923) :

• Manufacturing process: means any process for making,

altering, repairing, ornamenting, finishing or packing, orotherwise treating any article or substance with a view to its use,sale, transport, delivery or disposal, or for pumping oil, water orsewage, or for generating, transforming or transmitting power.

Machinery: includes all plant whereby power is generated,

transformed, transmitted or applied.

Occupier: of a factory means the person who has ultimate control

over the affairs of the factory: Provided that where the affairs of afactory are entrusted to a managing agent, such agent shall bedeemed to be the occupier of the factory ;

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 forwhich it works is called a "shift"; and

Prescribed: means prescribed by rules made by the Provincial

Government under this Act.

(1) A factory, which is exclusively engaged in one of the followingmanufacturing processes, namely, cotton ginning, cotton or cotton jutepressing, the de-cortication of groundnuts, the manufacture of coffeeindigo, lac, rubber, sugar (including gur) or tea or any of the aforesaidprocesses, is a seasonal factory :

(2) The Provincial Government declare any specified factory in whichmanufacturing processes are ordinarily carried on for more than onehundred and eighty working days in the year and cannot be carried onexcept during particular season or at times dependent on the irregularaction of natural forces, to be a seasonal factory for the purposes of this Act.

The Provincial Government may, by notification in the Official Gazette,appoint such persons as it thinks fit to be Inspectors for the purposes of thisAct within such local limits as it may assign to them respectively.

Every District Magistrate shall be an Inspector for his district.The Provincial Government may also, by notification as aforesaid, appointsuch public officers as it thinks fit to be additional Inspectors for all or anyof the purposes of the Act, within such local limits as it may assign to themrespectively.

• Enter with such assistants (if any), being persons in the service ofany place which is or which used as a factory or capable of beingdeclared to be a factory under the provisions of section 5;

• Make such examination of the premises and plant and of anyprescribed registers, and take on the spot or otherwise suchevidence of persons as be may deem necessary for carryingout the purposes of this Act;

• Exercise such other powers as may be necessary for carrying out the purposes of this Act:

The Provincial Government may appoint such registered medicalpractitioners as within such local limits as it may assign to themrespectively.

• Cleanliness• Disposal of wastes & effluents• Ventilation & Temperature• Dust & Fumes• Artificial Humidification• Over crowding• Lighting• Drinking Water• Latrines & Urinals• Spittoons• Vaccination & Inculcation• Provision of Canteen• Welfare officer

• Employment on on Dangerous Machines

• Cutting of Power• Cotton opener• Precautions against Fire• Machinery in motion• Floor, stairs, & means of access• Pits and pumps• Precaution of eyes• Safety of worker• Explosive or inflammable gas• Prohibition of children • Shelter of rest.

Daily Hours: An adult worker shall allowed towork in a factory for not more than 9 hours aday. And 10 hours a day for seasonal factory.

Weekly Hours: A worker shall not be allowedto work for more than 48 hours in a weekand for seasonal factory 50 hours in a weekshall be allowed to work for male adult worker If for technical reasons a work continuesthroughout the day a worker may be allowed to work for 56 hours in a week (sec 34)

Interval for rest: If work continues for 6 hours than 1 after that interval for one hoursis givenIf the work continues for hours in shifts than then after every 5 hours 30 minutes twointervals must be give to a worker.

Double employment: An adult worker is not allowed to work in another factory except under few specified circum stances ( sec 48)

Over Time: If a worker has worked for more than 9

hours in day or 48 hours in a week he shall be entitled topay at the rate twice his ordinary rate of pay.

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 factoryNo child shall be allowed to work

• except between 6a.m to 7p.mChildren's are not allowed to work on any cotton opener, or cannot work on dangerous machines.Proper register should be maintained for children

• Women workers shall not be allowed to clean, lubricate, or adjust anypart of machinery (sec27)

• They are not allowed to work in a place where cotton opener is atwork

• A women shall not be allowed or required to work for more than 9hours in a day(sec 36)

• A women shall be allowed to work between 6a.m to 10p.m providedthat transport is available (sec45)

• A separate room for use of women where 50 or more women worker isworking

• Annual holidays: A Worker who has completed 12 months continuesservices allowed for 14 days consecutives holidays with full pay(sec49)

• Casual Leave: Every worker shall be entitled casual leave for 10 days ina year

• Sick leave: Sixteen days sick leave on half average pay in a year.

• Festival holidays: Every worker shall be allowed with pay and alldeclared festival holidays by provincial government.

• Compensatory Holidays: When a worker is deprived of any of theweekly holidays he shall be allowed holidays of equal number to theholidays so lost(sec 35A)