business law factories act

7/31/2019 Business Law Factories Act

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Business Law

Institute Of Business &Technology (BIZTEK)

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


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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 ofJanuary 1935.


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DefinitionsAdolescent: means a person who has completed his fifteenth buthas 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 whichis mechanically transmitted and is not generated by human oranimal agency.

Manufacturing process: means any process for making,altering, repairing, ornamenting, finishing or packing, or otherwisetreating any article or substance with a view to its use, sale,transport, delivery or disposal, or for pumping oil, water or sewage,orfor generating, transforming or transmitting power.


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Worker: means a person employed directly or through an agency

whether for wages or not in any manufacturing process, or incleaning 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 on anyday of the preceding twelve months, and in any part of which amanufacturing process is being carried on or is ordinarily carried onwith or without the aid of power, but does not include a mine, subjectto the operation of the Mines Act, 1923 (IV of 1923) :

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 ordisposal, or for pumping oil, water or sewage, orfor generating, transforming or transmitting power.


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Machinery: includes all plant whereby power is generated,transformed, transmitted or applied.

Occupier: of a factory means the person who has ultimate controlover 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 ormore sets of workers working during different periods of the day, eachof such sets is called a "relay" and the period or periods for which itworks is called a "shift"; and

Prescribed: means prescribed by rules made by the Provincial

Government under this Act.


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Seasonal factories

(1) A factory, which is exclusively engaged in one of the followingmanufacturing processes, namely, cotton ginning, cotton or cotton jute

pressing, the decortication of groundnuts, the manufacture of coffeeindigo, 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 onehundred and eighty working days in the year and cannot be carried on

except during particular season or at times dependent on the irregularaction of natural forces, to be a seasonal factory for the purposes of thisAct.


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Inspectors

The Provincial Government may, by notification in the Official Gazette,

appoint such persons as it thinks fit to be Inspectors for the purposesof 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,appoint such public officers as it thinks fit to be additional Inspectorsfor all or any of the purposes of the Act, within such local limits as itmay assign to them respectively.


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Powers of Inspector

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 such evidence

of persons as be may deem necessary for carrying out thepurposes of this Act;

Exercise such other powers as may be necessary for carrying outthe purposes of this Act:


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Certifying surgeons

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


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Health and Safety

CleanlinessDisposal of wastes & effluentsVentilation & TemperatureDust & FumesArtificial Humidification

Over crowdingLighting

Drinking WaterLatrines & Urinals

SpittoonsVaccination & InculcationProvision of CanteenWelfare officer


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Safety of Workers

Employment on on Dangerous MachinesCutting of Power

Cotton openerPrecautions against Fire

Machinery in motionFloor, stairs, & means of accessPits and pumpsPrecaution of eyesSafety of worker

Explosive or inflammable gasProhibition of children

Shelter of rest.


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Working Hours of Adults

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 allowed

to 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 awork continues throughout the day a worker may be allowed to work for56 hours in a week (sec 34)

Interval for rest: If work continues for 6 hours than 1 after that intervalfor one hours is givenIf the work continues for hours in shifts than then after every 5 hours30 minutes two intervals must be give to a worker.


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

Over Time: If a worker has worked for more than 9 hours in day or 48hours in a week he shall be entitled to pay at the rate twice his ordinaryrate of pay.


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Child Worker WorkingHours

No child who has not

completed his 14thyear shall be allowed towork in any factory.

Not be allowed to work formore than 5 hours in a factory

No child shall be allowed to workexcept between 6a.m to 7p.m

Children's are not allowed to work onany cottonopener., or can not work on dangerousmachines.Proper register should be maintainedfor children


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Working hours of Women Worker

Women workers shall not be allowed to clean, lubricate, oradjust any part of machinery (sec27)

They are not allowed to work in a place where cotton opener isat 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 womenworker is working


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Holidays with Pay

Annual holidays: A Worker who has completed 12 monthscontinues services allowed for 14 days consecutives holidays withfull 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 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 tothe holidays so lost(sec 35A)


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THANK YOU

business law factories act

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