Business Law Factories Act
Business Law Factories Act
Business Law Factories Act
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.
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.
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.
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.
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
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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