Definitions. - In this Act, unless there is anything repugnant in the
subject or context. -
(a) "adolescent" means a person who has completed his fifteenth but has not completed his seventeenth year ;
(b) "adult" means a person who has completed his seventeenth year ;
(c) "child" means a person who has not completed his fifteenth year ;
(d) "day" means a period of twenty-four hours beginning at mid-night;
(e) "week" means a period of seven days beginning at mid-night on Saturday night;
(f) "power" means electric energy, and any other form of energy which is mechanically transmitted and is not generated by human or animal agency ;
(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) :
(k) "machinery" includes all plant whereby power is generated, transformed, transmitted or applied.
(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 ,
Provided that for any area, in which Standard Time is ordinarily observed the Provincial Government may make rules: -
(i) specifying the area,
(ii) defining the local mean time ordinarily observed therein, and
(iii) permitting such time to be observed in all or any of the factories situated in the area.
4. Seasonal factories. -
(1) 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 :
Provided that the Provincial Government may, by notification in the Official Gazette, declare any such factory in which manufacturing processes are ordinarily carried on for more than one hundred and eighty working days in the year, not to be a seasonal factory for the purposes of this Act.
(2) The Provincial Government may, by notification in the Official Gazette, 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.
5. Power to apply provisions applicable to factories to certain other places -
(1) The Provincial Government may, by notification in Official Gazette, declare that all or any of the provisions of this Act applicable to factories shall apply to any place wherein a manufacturing process is being carried on or is ordinarily carried on whether with or without the use of power whenever five or more workers are working therein or have worked therein on any one day of the twelve months immediately preceding.
(2) A notification under sub-section (1) may be made in respect of any one such place or in respect of any class of such places or generally in respect of all such places.
(3) Notwithstanding anything contained in clause (j) of section 2, a place to which all or any of the provisions of this Act applicable to factories are for the time being applicable in pursuance of a declaration under sub-section (1) shall, to the extent to which such provisions are so made applicable but not otherwise, deemed to be a factory.
6. Power to declare departments to be separate factories. - The Provincial Government may, by order in writing, direct that the different departments or branches of a specified factory shall be treated as separate factories for all or any of the purposes of this Act.
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.
7-A. Exemption from certain provisions of the Act. - The provisions of section 14, clause (b) of sub-section (1) of section 15, sections 16, 17, 18, 21, 22, 23, 25 and sub-section (3) of section 33Q shall not apply in the first instance to any factory wherein not more than 19 workers are working or were working on any one day of the 12 months immediately preceding :
Provided that the Provincial Government may, by notification in the official Gazette, apply all or any of the said provisions to any such factory or class of such factories.
8. Power to exempt during public emergency. - In any case of public emergency the Provincial Government may, by notification in the Official Gazette, exempt any factory from any or all of the provisions of this Act for such period as it may think fit.
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.
(1-A) In respect of all factories which come within the scope of this Act for the first time on the commencement4 of the Factories (Amendment) Ordinance, 1972, the occupier shall send a written notice to the Inspector containing particulars specified in sub-section (1) within 30 days of such commencement.
(2) Whenever another person is appointed as manager the occupier shall send to the Inspector a written notice of the change, within seven days from the date on which the new manager assumes charge.
(3) During any period for which no person has been designated as manager of a factory under this section, or during which the person designated does not manage the factory, any person found acting as manager or if no such person is found, the occupier himself, shall be deemed to be the manager of the factory for the purposes of this Act.
No comments:
Post a Comment