Business Law

Institute Of Business & Technology (BIZTEK)

Prepared for :Sir Asim Mehboob Prepared by: Irfan Ahmed (BM-1119)

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.

Definitions
Adolescent: means a person who has completed his fifteenth but
has not completed his seventeenth 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 mechanically transmitted and is not generated by human or animal agency. Manufacturing process: means any process for making, altering, repairing, ornamenting, finishing or packing, or otherwise treating any article or substance with a view to its use, sale, transport, delivery or disposal, or for pumping oil, water or sewage, or for generating, transforming or transmitting power.

Manufacturing process: means any process for making, altering,

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

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. 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) :

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 a factory are entrusted to a managing agent, such agent shall be deemed 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 for which it works is called a "shift"; and Prescribed: means prescribed by rules made by the Provincial Government under this Act.

Seasonal factories
(1) A factory, which is exclusively engaged in one 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 : (2) The Provincial Government declare any specified factory in which manufacturing processes are ordinarily carried on for more than one hundred and eighty working days in the year and cannot be carried on except during particular season or at times dependent on the irregular action of natural forces, to be a seasonal factory for the purposes of this Act.

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

Powers of Inspector
Enter with such assistants (if any), being persons in the service of any place which is or which used as a factory or capable of being declared to be a factory under the provisions of section 5; 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; Exercise such other powers as may be necessary for carrying out the purposes of this Act:

Certifying surgeons
The Provincial Government may appoint such registered medical practitioners as within such local limits as it may assign to them respectively.

Health and Safety

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

Safety of Workers
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.

Working Hours of Adults

Daily Hours: An adult worker shall allowed to work in a factory for not more than 9 hours a day. And 10 hours a day for seasonal factory. Weekly Hours: A worker shall not be allowed to work for more than 48 hours in a week and for seasonal factory 50 hours in a week shall be allowed to work for male adult worker If for technical reasons a work continues throughout the day a worker may be allowed to work for 56 hours in a week (sec 34) Interval for rest: If work continues for 6 hours than 1 after that interval for one hours is given If the work continues for hours in shifts than then after every 5 hours 30 minutes two intervals 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 to pay at the rate twice his ordinary rate of pay.

Child Worker Working Hours

No child who has not

completed his 14th year shall be allowed to work in any factory. Not be allowed to work for more than 5 hours in a factory No child shall be allowed to work except between 6a.m to 7p.m Children's are not allowed to work on any cotton opener., or can not work on dangerous machines. Proper register should be maintained for children

Working hours of Women Worker

Women workers shall not be allowed to clean, lubricate, or adjust any part of machinery (sec27) They are not allowed to work in a place where cotton opener is at work A women shall not be allowed or required to work for more than 9 hours in a day(sec 36) A women shall be allowed to work between 6a.m to 10p.m provided that transport is available (sec45) A separate room for use of women where 50 or more women worker is working

Holidays with Pay

Annual holidays: A Worker who has completed 12 months continues services allowed for 14 days consecutives holidays with full pay(sec49) Casual Leave: Every worker shall be entitled casual leave for 10 days in a year

Sick leave: Sixteen days sick leave on half average pay in a year.
Festival holidays: Every worker shall be allowed with pay and all declared festival holidays by provincial government.

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

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