THE FACTORIES ACT, 1934

Page 1 of 44

THE FACTORIES ACT, 1934

CONTENTS

CHAPTER I

PRELIMINARY

CHAPTER II

THE INSPECTING STAFF

CHAPTER III

HEALTH AND SAFETY

Page 2 of 44

33 B. Revolving machinery

33 C. Pressure plant

33 E. Pits, sumps, opening in floors, etc .

33 F. Excessive weights

Page 3 of 44

33 G. Protection of eyes

33 H. Powers to require specifications of defective parts or tests of stability

33 I. Safety of building, machinery and manufacturing process

33 L. Explosive or inflammable dust , gas, etc .

33 M. Power to exclude children

33 N. Notice of certain accident

33 P. Appeals

33 Q. Additional power to make health and safety rules relating to shelters during rest

CHAPTER IV

RESTRICTIONS ON WORKING HOURS OF ADULTS

35 A. Compensatory holidays

Page 4 of 44

CHAPTER IV A

HOLIDAYS WITH PAY

49 A. Application of Chapter

49 B. Annual holidays

CHAPTER V

SPECIAL PROVISIONS FOR ADOLESCENTS AND CHILDREN

59 A. Provisions to be in addition to Act XXVI of 1938

Page 5 of 44

CHAPTER VI

PENALTIES AND PROCEDURE

70 Determination of “occupier” for purposes of this Chapter

7 1. Exemption of occupier or manager from liability in certain cases

CHAPTER VII

SUPPLEMENTAL

76 Display of factory notices

78. [ Repealed.]

82. [Repealed.]

[Repealed .]

Page 6 of 44

THE FACTORIES ACT, 1934

1
ACT NO. XXV OF 1934

[20
th
August, 1934]

An Act to consolidate and amend the law regulating labour in factories.

WHEREAS it is expedient to consolidate and amend the law regulating labour in factories ;

I t is hereby enacted as follows :
__ _

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement .
___
(1) This Act may be called the Factories Act,

1934.

2
[(2) It extends to the whole of Pakistan .]

(3) It shall come into force on the 1st day of January, 1935.

2. Definitions .
___
In this Act, unless there is anything repug nant 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 p eriod of twenty - four hours beginning at midnight ;

( e) “week” means a period of seven days beginning at midnight on Saturday night ;

(f) “ power ” means electric al energy, and any other form of energy which is

mechanically transmitted and is not generated by human or animal agency ;

1
The Act has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subje ct to certain

modifications, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950, and extended to the Excluded Area of Upper Tanawal (N.W.F.P.)

other than Phulera with effect from such date and subject to such modifications as may be notifie d, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws

Regulation, 1950.

The Act in its application in the Punjab has been amended by Factories (Punjab Amdt.) Act, 1940 (Punjab 7 of 1940) , in N.W.F.P., by the Factories (North -

West Frontier Province Amdt.) Ac t, 1940 (N.W.F.P.7 of 1947),

Th is Act has been extended to the
___

(i) Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O.3 of 1950); and also applied in the Federated Areas of Baluchistan, see

Gazette of India, 1937, Pt.I, p.1499;

(ii) Baluchistan States Union, see the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G.G.O.4 of 1953), as amended;

(iii) Khairpur State, see G.G.O.5 of 1953, as amended; and

(iv) State of Bahawalpur by the Bahawalpur (Extension of Federal Laws) Order, 1953 (G.G.O.11 of 1953), as amended.

The Act has been and shall be deemed to have been brought into force in Gwadur , ( w. e. f. the 18
th
September, 1958 ), by the Gwadur (Application of

Central Laws) Ordinance, 1960 (37 of 1960),s.2

The Act has been applied to the Provincially Administrated Tribal Areas or to the parts or those areas to which it does not a lready, apply see Regulation

No. I of 1972, s.2 and Sch.

2
Subs. by the Central L aws (Statute Reform) Ordinance, 1960 ( Ordinance No. XXI of 1960 ) , s.3 and Sch. 2., ( w. e. f. the 14
th
October, 1955).

Page 7 of 44

(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
1
[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 manufactur ing process, or in any other kind

of work whatsoever incidental to or connected with the manufacturing process

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
1
[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

1
[or is ordinarily carried on whether 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
2
[Provincial Government]

under this Act.

1
Ins. and subs. by Act No. XVI of 1973 , s. 2 .

2
Subs. by A. O., 1937.

Page 8 of 44

3. References to time of day .
___
Reference s to time of day in this Act are references
__ _ 1
[ * * * ]

2
[ * * ] , to
3
[ * ] Standard Time, which is five
3
[ * * * ] hours ahead of Greenwich Mean Time,
1
[ * ]

2
[ * * * * * * * ]

Provided that for any area
1
[ * * * ] in which
3
[ * ] Standard Time is not ordinarily observed the

2
[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 jute

press ing, the decortication of groundnuts, the manufacture of coffee, indigo, lac, rubber, sugar

(including gur ) or tea, or any manufacturing process which is incidental to or connected with any of

the aforesaid processes, is a seasonal factory :

Provided that the
2
[Provincial Government] may, by notification in the
2
[official Gazette],

declare any such factory in which manufacturing processes are ordi narily 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
2
[Provincial Government] may, by notification in the
2
[official Gazette], declare any

specified factory in which manufacturing processes are ordinarily carried on for not more than one

hundred and eighty working days in the year and cannot be carried on except during particular seasons

or at times dependent on the irregular action of natural forces, to be a sea sonal factory for the purposes

of this Act.

4
[ 5. Power to apply provisions applicable to factories to certain other places .
__ _
(1) The

Provincial Government may, by notification in the 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

3
[fiv e] or more workers are working therein or have worked therein any one day of the twelve months

immediately preceding.

1
O mitted by A. O., 1949, ( w. e. f . 28
th
March, 1949 ).

2
O mitted and subs. by A. O., 1937.

3
O mitted and subs. by Act No. XVI of 1973, ss. 3 and 4.

4
Subs. by Act No. XVI of 1941, s. 2.

Page 9 of 44

(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 whic h all or any

of the provisions of this Act applicable to factories are for the time being applicable in pursuance of a

de claration under sub - section (1), shall, to the extent to which such provisions are so made applicable

but not otherwise, be deemed to b e a factory.]

6. Power to declare departments to be separate factories .
___
The
1
[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 .
___
Where the
1
[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 fac tory from the operation of this Act :

Provided that any exemption so granted shall cease to have effect on and after any day on which

twenty or m ore workers work in the factory .

2
[ 7A. 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 nineteen workers are

working or were working on any one day of the twelve months immediately preceding :

Prov ided 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

1
[ Provincial Government] may, by notification in the
1
[official Gazette], exempt any factory from any

or all of the provisions of this Act for such period as
1
[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 contain ing
__ _

( 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,
3
[ * ]

1
Subs.by A. O., 1937 .

2
Ins by Act No. XVI of 1973 , s. 5.

3
O mitted by Act No. XIV of 1944 , s. 2.

Page 10 of 44

( e ) the name of the person who shall be the manager of the factory for the purposes

of this Act,
1
[and

( f ) such other particulars as may be prescribed for the purposes of this Act].

2
[(1 A) In respect of all factories which come within the scope of this Act for the first time on

the commencement of the Factories (Amendment) Ordinance, 1972 (XLII of 1972) , the occupier shall

send a written notice to the Inspector containing particulars specified in sub - section (1) within thirty

days of such commencement.]

(2) Whenever another person is appointed as manager, the occupier shall send to the Inspec tor

a written notice of the chan ge, within seven days from the date in which the new manager assumes

charge.

(3) During any period for which no person has been desi gnated 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.

________

CHAPTER II

THE INSPECTING STAFF

10. Inspectors .
__ _
(1) T he
3
[Provincial Government] may, by notification in the
3
[official

Gazette], appoint such persons as it thinks fit to be I nspectors for the purposes of this Act within such

local limits as it may assign to them respectively.

(2) The
3
[Provincial Government] may, by notification as aforesaid, appoint any person to be a

Chief Inspector, who shall, in addition to the powers con ferred on a Chief Inspector under this Act,

exercise the powers of an Inspector throughout the Province.

(3) No person shall be appointed to be an Inspector under sub - section (1) or a Chief Inspector

under sub - section (2) or, having been so appointed, sha ll continue to hold office, who is or becomes

directly or indirectly interested in a factory or in any process or business carried on therein or in any

patent or machinery connected therewith.

(4) Every District Magistrate shall be an Inspector for his di strict.

(5) The
3
[Provincial Government] may also, by notification as aforesaid, appoint such public

officers as it thinks fit to be additional Inspectors for a ll or any of the purposes of this Act, within such

local limits as it may assign to them respec tively.

(6) In any area where there are more Inspectors than one, the
3
[Provincial Government] may,

by notification as aforesaid , declare the powers which such Inspectors shall respectively exercise, and

the Inspectors to whom the prescribed notices are t o be sent.

1
A dded by Act No. XIV of 1944 , s. 2.

2
Ins. by Act No. XVI of 1973 , s. 6.

3
Subs by A. O., 1937.

Page 11 of 44

(7) Every Chief Inspector and Inspector shall be deemed to be a public servant within the

meaning of the Pakistan Penal Code (XLV of 1860) and shall be officially sub - ordinate to such

authority as the
1
[Provincial Government] may specify in this behalf.

11. Powers of Inspector .
___
Subject to any rules made by the
1
[Provincial Government] in this

behalf, an Inspector may, within the local li mits for which he is appointed,
__ _

(a) ente r, with such assistants (if any), being persons
2
[in the service of the state] or

of any municipal or other public authority, as he thinks fit, any place which is ,

or which he has reason to believe to be, used a s a factory or capable of being

declared to be a factory under the provisions of section 5 ;

(b) make such examination of the premises and plant and of any prescribed

registers, and take on the spot or otherwise such evidence of any persons as he

may deem necessary for carrying out the purposes of this Act ; and

(c) exercise such other powers as may be necessary for carrying out the purposes

of this Act :

Provided that no one shall be required under this section to answer any question or give any

evi dence tending to criminate himself.

12. Certifying surgeons .
__ _
(1) The
1
[Provincial Government] may appoint such registered

medical practitioners as it thinks fit to be certifying surgeons for the purposes of this Act within such

local limits as it may a ssign to them respectively.

(2) A certifying surgeon may authorise any registered medical practitioner to exercise any of

his powers under this Act:

Provided that a certificate of fitness for employment granted by such authorised practitioner

shall be va lid for a period of three months only, unless it is confirmed b y the certifying surgeon himself

after examination of the person concerned.

Explanation.
__ _
In this section a “ registered medical practitioner ” means any person registered

3
[ * * * ] under any Act of
4
[the
5
[Federal] Legislature or any Provincial Legislature ] (21 & 22 Vict., c

90.)] providing for the maintenance of a register of medical practitioners, and includes, in any area

where no such registe r is maintained, any person declared by the
1
[Provincial Government], by

notification in the
6
[official Gazette], to be a registered medical practitioner for the purposes of this

section.

1
Subs . by A. O., 1937.

2
S ubs . by A. O., 1961 , Art 2 and Sch. ( w. e. f. 23 March 1956 ) .

3
O mitted by the Federal Laws (Revis ion and Declaration) Ordinance, 1981 ( Ordinance No. X X VII of 1981 ) , s. 3 and Sch., 2 .

4
Subs. by A.O., 1949 ( w.e.f. 28
th
M arch, 1949 ).

5
Subs. by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. 2 and Table ( w.e.f. 28
th
July 1975 ).

6
Subs. by A.O., 1937 ( w.e.f. 1st April, 1937 ) .

Page 12 of 44

1
[ CHAPTER III

HEALTH AND SAFETY

13. Cleanliness .
__ _
(1) Every factory shall be kept clean and free from effluvia arising from and

drain, privy or other nuisance, and in particular,__

(a) accumulation of dirt and refuse shall be removed daily by sweeping or by any

other effective method from the floors and benches of workrooms and from

stair - cases and passages and disposed of in a suitable manner ;

(b) the floor of every workroom shall be cleaned at least once in every week by washing,

using disinfectant where necessary or by some other effective method ;

(c) where the floor is liable to become wet in the course of any manufacturing

process to such extent as is capable of being drained, effective means of

drainage shall be provided and maintained ;

(d) all inside walls and partitions, all ceilings, or tops, of rooms, and walls, sides

and tops or passages and stair - cases shal l
__ _

(i) where they are painted or varnished, be repainted or revarnished at least

once in every five years ;

(ii) where they a re painted or varnished and have smooth impervious

surfaces, be cleaned at least once in every fourteen months, by such

methods as may be prescribed ;

(iii) in any other case, kept white washed or colour washed and the

whitewashing or colour washing shall be carried out at least once in

every fourteen months ; and

(e) the dates on which the processes required by clause (d) are carried out

shall be entered in the prescribed register.

(2) If, in view of the nature of the operations carried on in a factory it is not possible for the

occupier to comply with all or any of the provisions of sub - section (1), the Provincial Government

may, by an order, exempt such factory or class or description of factories from any of the provisions

of that sub - section and specify alternative methods for keeping the factory in a clean state.

14. Disposal of wastes and effluents .
__ _
(1) Effective arrangements shall be made in every

factory for the disposal of wastes and effluents due to the manufacturing process carried on therein.

(2) The Provincial Gover nment may make rules prescribing the arrangements to be made under

sub - section (1) or requiring that the arrangements made in accordance with that sub - section shall be

subject to the approval of such authority as may be prescribed.

1
Subs . by the Labour Laws (Amdt.) Ordinance, 1972 ( Ordinance No. IX of 1972 ) , s. 2, Sch. 1 and 4. ( w. e. f. 13
th
April 1972 ).

Page 13 of 44

15. Ventilation and temperature .
__ _
(1) Effective and suitable provisions shall be made in

every factory for securing and maintaining in every work - room
__ _

(a) adequate ventilation by the circulation of fresh air, and

(b) such temperature as will secure to workers therein reasonable conditions of

comfort and prevent inju ry to health, and in particular
__ _

(i) the walls and roofs shall b e of such material and so designed that such

temperature shall not be exceeded but kept as low as practicable ;

(ii) where the nature of the work carried on in the factory involves, or is

likely to involve, the production of excess ively high temperature, such

adequate measures as are practicable, shall be tak en to protect the

workers there from by separating the process which produces such

temperature from the work - room by insulating the hot parts or by other

effective means.

(2) The Provincial Government may prescribe a standard of adequate ventilation and

reasonable temperature for any factory or class or description of factories or parts thereof and direct

that a thermometer shall be provided and maintained in such place and positi on as may be specified.

(3) If it appears to the Provincial Government that in any factory or class or description of

factories excessively high temperature can be r educed by such methods as white washing, spraying or

insulating and screening outside walls or roofs or windows, or by raising the level of the roof, or by

insulating the roof either by an air space and double roof or by the use of insulating roof materials, or

by other methods, it may p rescribe such of these or other methods to be adopted in the factory.

16. Dust and fume .
__ _
(1) In every factory in which, by reason of the manufacturing process

carried on, there is given off any dust or fume or other impurity of such a nature and to such an extent

as is likely to be injurious or offensive to the workers employed therein, effective measures shall be

taken to prevent its accumulation in any work - room and its inhalation by workers , and if any exhaust

appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of

the dust, fume or other impurity, and such point shall be enclosed so far as possible.

(2) In any factory no stationary internal combustion engine shall be operated unless the exhaust

is con ducted into open air and exhaust pipes are insulated to prevent scalding and radiation heat, and

no internal combustion engine shall be operated in any room unless , effective measures have been

taken to prevent , such accumulation of fumes ther e from as are likely to be injurious to the workers

employed in the work - room.

17. Artificial humidification .
__ _
(1) The Provincial Government may, in respect of all factories

in which humidity of the air is arti ficially increased, make rules
__ _

(a) prescribing standards of humidification ;

(b) regulating the methods used for artificially increasing the humidity of the air ;

(c) directing prescribed test for determining the humidity of the air to be correctly

carried out and recorded ; and

Page 14 of 44

(d) P rescribing methods to be adopted for securing adequate ventilation and

cooling of the air in the work - rooms.

(2) In any factory in which the humidity of the air is artificially increased, the water used for

the purpose shall be taken from a public supply, or other source of drinking water, or shall be effectively

purified before it is so used.

(3) If it appears to an Inspector that the water used in a factory for increasing humidity which

is required to be effectively purified under sub - section (2) is not effectively purified, he may serve on

the Manager of the factory an order in writing specifying the measures which, in his opinion, should

be adopted, and requiring them to be carried out before a specified date.

18. Overcrowding .
__ _
(1) No work - room in any factory shall be overcrowded to an extent

injurious to the health of the workers employed therein.

(2) Without prejudice to the generality of the provisions of sub - section (1) there shall be

provided for every worker employed in a work - room
__ _

(a) at least three hundred and fif ty cubic feet of space in the ca se of a factory in

existence on the date of the commencement of the Labour Laws (Amendment)

Ordinance, 1972 ; and

(b) at least five hundred cubic feet of space in the case o f a factory built after the

commencement of the Labour Laws (Amendment) Ordinance, 1972.

Explanation.
__ _
For the purpose of this sub - section no account shall be taken of a space which

is more than fourteen feet above the level of the floor of the room.

(3 ) If the Chief Inspector by order in writing so requires, there shall be posted in each work -

room of a factory a notice specifying the maximum number of workers who may in compliance with

the provisions of this section be employed in the room.

(4) The Chief Inspector may, by order in writing, exempt, subject to such conditions as he may

think fit to impose, any work - room from the provisions of this section if he is satisfied that compliance

therewith in respect of such room is not necessary for the purp ose of health of the workers employed

therein .

19. Lighting .
__ _
(1) In every part of a factory where workers are working or passing, there shall

be provided and maintained
__ _

(a) sufficient and suitable lighting, natural or artificial, or both ; and

(b) emergency lighting of special points in work - room and passages to function

automatically in case of a failure of the ordinary electric supply system.

(2) In every factory all glaz ed windows and sky - lights used for the lighting of the work - room

shall be kept clean on both the outer and inner surfaces and free from obstruction as far as possible

under the rules framed under sub - section (3) of section 15.

Page 15 of 44

(3) In every factory effecti ve provisions shall, so far as is practicable, be made for the

prevention of
__ _

(a) glare either directly from any source of light or by reflection from a smooth or

polished surface ; and

(b) the formation of shadows to such an extent as to cause eye strain or risk of

accident to any worker.

(4) The Provincial Government may prescribe s tandards of sufficient and suitable lighting for

factories or for any class or description of factories or for any manufacturing process.

20. Drinking w ater .
__ _
(1) In ever y factory effective arrangement shall be made to provide and

maintain at suitable poi nts conveniently situated for all workers employed therein a sufficient supply

of whole - some drinking water.

(2) All such points shall be legibly marked “ Drinking Water ” in a language understood by the

majority of the workers and no such point shall be si tuated within twenty feet of any washing place,

urinal or latrine, unless a shorter distance is approved in writing by the Chief Inspector.

(3) In every factory wherein more than two hundred and fifty workers are ordinarily employed,

provision shall be ma de for cooling the drinking water duri ng the hot weather by effective means and

for distribution thereof and arrangements shall also be made for
__ _

(a) the daily renewal of water if not laid on ; and

(b) a sufficient number of cups or other drinking vessels, unless the water is being

delivered in an upward jet.

(4) The Provincial Government may, in respect of all factories or any class or description of

factories, make rules for securing compliance with the provisions of this section.

21. Lat rines and urinals .
__ _
(1) In every factory
__ _

(a) sufficient latrines and urinals of prescribed types shall be provided conveniently

situated and accessible to workers at all times while they are in the factory ;

(b) enclosed latrines and urinals shall be provided separately for male and female

workers ;

(c) such latrines and urinals shall be adequately lighted and ventilated and no latrine

and urinal shall, unless specially exempted in writing by the Chief Inspector,

communicate with any work - room except through an intervening open space or

ventilated passage ;

(d) all such latrines and urinals shall be maintained in a clean and sanitary condition

at all times with suitable detergents or disinfectants or with both ;

Page 16 of 44

(e) the floors and internal walls of the latrines and urinals and the sanitary bloc ks

shall, up to a height of three feet, be finished to provide a smooth polished

imperious surface ; and

(f) washing facilities shall be provided near every sanitary convenience.

(2) The Provincial Government may prescribe the number of latrines and urinals to be provided

in any factory in proportion to the number of male and female workers ordinarily employed therein

and such further matters in respect of sanitation in the factories as it may deem fit.

22. Spittoons .
__ _
(1) In every factory there shall be provided, at convenient places, a sufficient

number of spittoons which shall be maintained in a clean and hygienic condition.

(2) The Provincial Government may make rules prescribing the type and the number of

spittoons to be provided and their location in any factory and such further matters as may be deemed

necessary relating to their maintenance in a clean and hygienic condition.

(3) No person shall spit within the premises of a factory except in the spittoons provid ed for

the purpose. A notice containing this provision and the penalty for its violation shall be prominently

displayed at suitable places in the premises.

(4) Whosoever spits in contravention of sub - section (3) shall be punishable with a fine not

exceedi ng two rupees.

23. Precaution against contagious or infectious disease .
__ _
(1) Each worker in a factory shall

be provided with a 'Hygiene Card' in which during the
1
[ months of January and July every year entries]

shall be recorded after examination by appoi nted factory doctor to the effect that the worker is not

suffering from any co ntagious or infectious disease. T he fee of such an examination shall be fixed by

the Provincial Government and will be borne by the occupier or manager of the factory.

(2) If a worker is found to be suffering from any contagious or infectious disease on an

examination under sub - section (1), he shall not be appointed on work till he is declared free of such a

disease.

1
[ 23A. Compulsory vaccination and inoculation .
__ _
Each worker i n a factory shall be

vaccinated and inoculated against such diseases and at such intervals as may be prescribed. The

expenses, if any, of such vaccination and inoculation shall be borne by the occupier or manager of the

factory.]

24. Power to make rules f or provision of canteens .
__ _
(1) The Provincial Government may

make rules requiring that in any specified factory wherein more than two hundred and fifty workers

are ordinarily employed, an adequate canteen shall be provided for the use of the workers.

(2) Without prejudice to the ge nerality of the foregoing power, such rules may provide for
___

1
Subs. and ins. by Act No. XVI of 1973, s s. 7 and 8.

Page 17 of 44

(a) the date by which such canteen shall be provided ;

(b) the standards in respect of construction, accommodation, furniture and other

equipment of the canteen ;

(c) the foodstuffs to be served therein and the charges which may be made, therefor ;

(d) representation of the workmen in the management of the can teens ;

(e) enabling, subject to such conditions, if any, as may be specified, the power to

make rules under clause (c) to be exercised also by the Chief I nspector.

1
[ 24A. Welfare Officer .
__ _
In every factory wherein not less than five hundred workers are

ordinarily employed, the occupier or manager shall employ such number of welfare Officers, having

such qualifications , to perform such duties and on such terms and conditions as may be prescribe d.]

25. Precautions in case of fire .
__ _
(1) Every factory shall be provided with such means of

escape in cas e of fire as may be prescribed.

(2) If it appears to the Inspector that any factory is not provided with the means of escape

prescribed under sub - section (1) , he may serve on the manager of the factory an order in writing

specifying the measures which, in his opinion, should be adopted before a date specified in the order.

(3) In every factory the doors affording exit from any room shall not be locked or fastened so

that they can be easily and immediately opened from inside while any person is within the room, and

all such doors, unless they are of the sliding type, shall be constructed to open outwards or where the

door is between two rooms, in the direction of the nearest exit from the building and such door shall

not be locked or obstructed while work is being carried on in the room and shall at all times be kept

free from any obstruction.

(4) In every factory every window, door, or other exi t affording means of escape in case of fire,

other than means of exit in ordin ary use, shall be distinctively marked in a language understood by the

majority of the workers and in red letters of adequate size or by some other effective and clearly

understo od sign.

(5) In every factory there shall be provided effective and clearly audible means of giving

warning in case of fire to every person employed therein.

(6) A free passage - way giving access to each means of escape in case of fire shall be maintained

for the use of all workers in every room of the factory.

(7) In every factory wherein more than ten workers are ordinarily employed in any place above

the ground floor, or explosive or highly inflammable materials are used or stored, effective measures

s hall be taken to ensure that all the workers are familiar with the means of escape in case of fire and

have been adequately trained in the routine to be followed in such case.

(8) The Provincial Government may make rules prescribing in respect of any fact ory, or class

or description of factories, the means of escape to be provided in case of fire and the nature and amount

of fire fighting apparatus to be provided and maintained.

1
Ins. by Act No. XVI of 1973 , s. 9.

Page 18 of 44

26. Fencing of machinery .
__ _
(1) In every factory the following shall be securely fenced by the

safeguards of substantial construction which shall be kept in position while the parts of machinery

required to be fenced are in motion or in use, namely
__ _

(a) every moving part of a prime move r, and every fly wheel connected to a prime

mover ;

(b) the headrace and tailrace of every water wheel and water turbine ;

(c) any part of a stock - bar which protects beyond the head stock of a lathe ; and

(d) unless they are in such position or of su ch construction as to be as safe to

every person employed in the factory as they would be if they were securely

fenced
__ _

(i) every part of an electric generator, a motor or rotary convertor ;

(ii) every part of transmission machinery ; and

(iii) every dangerous part of any machinery :

Provided that, in the case of dangerous parts of machinery that cannot be securely fenced by

reason of the nature of operation, such fencing may be substituted by other adequate measures, such

as
__ _

(i) devic es automatically preventing the operation from coming into

contact with the dangerous parts ; and

(ii) automatic stopping devices :

Provided further that, for the purpose of determining whether any part of machinery is in such

position or is of such cons truction as to be safe as aforesaid, account shall not be taken of any occasion

when it being necessary to make as examination of the machinery while it is in motion or, as a result

of such examination, to carry out any mounting or shipping of belts, lubri cation or other adjusting

operation while the machinery is in motion, such examination or operation is made or carried out in

accordance with the provisions of section 27.

(2) Without prejudice to any other provisions of this Act relating to the fencing of machinery,

every set screw, belt and key on any revolving shaft, spindle wheel or pinion and all spur, worm and

other toothed or friction gearing in motion with which such worker would otherwise be liable to come

into contact, shall be securely fenced to prevent such contact.

(3) The Provincial Government may exempt, subject to such conditions as may be imposed,

for securing the safety of the workers, any particular machinery or part from the provisions of this

section.

(4) The Provincial Government may, by rules, prescribe su ch further precautions as it may

consider necessary in respect of any particular machinery or part thereof.

27. Work on or near machinery in motion .
__ _
(1) Where in any factory it becomes necessary

to examine any part of machinery referred to in section 26 while the machinery is in motion, or as a

Page 19 of 44

result of such examination, to carry out any mounting or shipping of belts, lubrication or other adjusting

operation while the machinery is in motion, such examination or operation shall be made or carried

out only by a specially trained adult male worker wearing tight fitting clothing whose name has been

recorded in the register prescribed in this behalf and while he is so engaged, such worker shall not

handle a belt at a moving pulley unless the belt is less than six inches in width and unless the belt joint

is either laced or flush with the belt.

(2) No woman or child shall be allowed in any factory to clean, lubricate or adjust any part of

machinery while that part is in motion, or to work between moving parts or between fixed and moving

parts of any machinery which is in motion.

(3) The Provincial Government may, by notification in the official Gazette, prohibit, in any

specified factory or class or description of factories, the cleaning , lubricating or adjusting by any

person, of specified parts of machinery when those parts are in motion.

28. Employment of young persons on dangerous machines .
__ _
(1) No
1
[child or adolescent]

shall work at any machine unless he has been fully instructed as to the dangers arising in connection

with the machine and the precautions to be observed and
__ _

(a) has received sufficient training in work at the machine, or

(b) is under adequate supervision by a person who has thorough knowledge and

experience of the machine.

(2) This section shall apply to such machines as may be notified by the Provincial Government

to be of such a dangerous character that
1
[children or adolescents] ought not to work at them unless

the fore going requirements are com plied with.

29. Striking gear and devices for cutting off power .
__ _
(1) In every factory
__ _

(a) suitable striking gear or other efficient mechanical appliances shall be provided

and maintained and used to move driving belts to and from fast and loose

pulleys which form part of the transmission machinery, and such gear or

appliances shall be so constructed, placed and maintained as to prevent the belt

from creeping back on the fast pulleys ;

(b) driving belts when not in use shall not be allowed to re st or ride upon shafting

in motion.

(2) In every factory suitable devices for cutting off power in emergencies from running

machinery shall be provided and maintained in every work - room.

(3) In respect of factories in operation before the commencement of this Ordinance the

provisions of sub - section (2) shall apply only to work - rooms in which electricity is used for power.

1
Subs. by Act No. XVI of 1973 , s. 10 .

Page 20 of 44

30. Self - acting machines .
___
No traversing part of a self - acting machine in any factory and no

material carried thereon shall, if the space over which it runs is a space over which any person is liable

to pass whether in the course of his employment or otherwise be allowed to run on it outward or inward

traverse within a distance of e ighteen inches from any fixed structure which is not part of the machine :

Provided that the Chief Inspector may permit the continued use of a machine installed before

the commencement of the Labour Laws (Amendment) Ordinance, 1972, which does not comply with

the requirements of this section on such conditions for ensuring safety as he may think fit to impose.

31. Casing of new machinery .
__ _
(1) In all machinery driven by power and installed in any

factory after the commencement of the Labour Laws (Amendment) Ordinance, 1972
__ _

(a) every set screw, belt or key on any revolving shaft, spindle, wheel or pinion

shall be so sunk, encased or otherwise effectively guarded as to prevent danger

; and

(b) all spur, worm and other toothed or friction gearing which does not require

frequent adjustment while in motion shall be completely encased unless it is so

situated as to be as safe as it would be if it were completely encased.

(2) Whoever sells or lets on hire or, as agent of a seller or hirer, caus es or procures to be sold

or let on hire, for use in a factory any machinery driven by power which does not comply with the

provisions of sub - section (1), shall be punishable with imprisonment, for a term which may extend to

three months, or with fine whic h may extend to five hundred rupees, or with both.

(3) The Provincial Government may make rules specifying further safe - guards to be provided

in respect of any other dangerous part of any particular machine or class or description of machines.

32. Prohibi tion of employment of women and children near cotton openers .
___
No woman

or child shall be employed in any part of a factory for pressing cotton in wh ich a cotton opener is at work :

Provided that if the feed end of a cotton opener is in a room separated from the delivery end by

a partition extending to the roof or to such height as the Inspector may in any particular case specify

in writing, women and children may be employed on the side of the partition where the feed end is

situated.

33. Crane s and other lifting machinery .
__ _
(1) The following provisions shall apply in respect

of cranes and all other lifting machinery, other than hoists and lifts in any factory
__ _

(a) every part thereof, including the working gear, whether fixed or moveable, ropes

and chains and anchoring and fixing appliances shall be
__ _

( i ) of good construction, sound material and adequate strength ;

( ii ) properly maintained ;

( iii ) thoroughly examined by a competent person at least once in every

period of twe lve months, and a register shall be kept containing the

prescribed particulars of every such examination ;

Page 21 of 44

(b) no such machinery shall be loaded beyond the safe working load which shall be

plainly marked thereon ;

(c) while any person is employed or wor king on or near the wheel tract of a

travelling crane in any place where he would be liable to be struck by the crane

effective measures shall be taken to ensure that the crane does not approach

within twenty feet of that place or come into accidental contact with live

electrical lines ;

(d) limit switches shall be provided to prevent over running ; and

(e) jib crane s, permitting the raising or lowering of the jib shall be provided with

an automatic safe load indicator or have attached to them a table indicating the

safe working load at corresponding inclinations of the jib.

(2) The Provincial Government may make rules in respect of any lifting machinery or class or

description of lifting machinery in factories
__ _

(a) prescribing requirements to be complied with in addition to those set out in this

section ; or

(b) exempting from compliance with all or any of th e requirements of this section,

where in its opinion such compliance is unnecessary or impracticable.

33A. Hoists and lifts .
__ _
(1) In every factory
__ _

(a) every hoist and lift shall be
__ _

(i) of good mechanical construction, sound material and adequate strength ;

(ii) properly maintained, and shall be thoroughly examined by a competent

person authorised by the Chief Inspector in this behalf at least once in

every period of six months, and a register shall be kept containing the

prescribed particulars of every such examination of which a copy shall

be forwarded to the Chief Inspector ;

(b) every hoist way and lift way shall be sufficiently protected by an enclosure fitted

with ga tes, and the hoist or lift and every such enclosure shall be so constructed

as to prevent any person or thing from being trapped between any part of the

hoist or lift and any fixed structure or moving part ;

(c) the maximum safe working load shall be pla inly marked on every hoist or lift,

and no load greater than such load shall be carried thereon ;

(d) the cage of every hoist or lift u sed for carrying persons shall b e fitted with a gate

on each side from which access is afforded to a landing ;

(e) eve ry gate referred to in clause (b) or clause (d) shall be fitted with interlocking

or other efficient device to secure that the gate cannot be opened except when

Page 22 of 44

the cage is at the landing and that the cage cannot be moved unless the gate is

closed.

(2) The following additional requirements shall apply to hoists and lift s used for carrying

persons and installed or reconstructed in a factory after the commencement of the Lab our Laws

(Amendment) 1972, namely :
__ _

(a) W here the cage is supported by rope or chain there shall be at least two ropes

or chains separately connected with the cage and balance weight, and each rope

or chain with its attachments shall be capable of carrying the whole weight of

the cage together with its maximum load ;

(b) efficient devices shall be provided and maintained capable of supporting the

cage together with its maximum load in the event of breakage of the ropes,

chains or attachments ;

(c) an efficient automatic device shall be provided and maintained to prevent the

cage f rom over - running.

(3) The Chief Inspector may permit the continued use of a hoist or lift installed in a factory

before the commencement of this Ordinance which does not fully comply with the provisions of sub -

section (1) upon such conditions for ensuring safety as he may think fit to impose.

(4) The Provincial Government may, if, in respect of class or description of hoist or lift, it is of

opinion that it would unreasonable to enforce any requirement of sub - sections (1) and (2), by order

direct that such requirements shall not apply to such class or description of hoist or lift.

33 B. Revolving machinery .
__ _
(1) In every room in a factory in which the process of grinding

is carried on there shall be permanently affixed to, or placed near, each machine in us e a notice

indicating the maximum safe working peripheral speed of every grind stone or abrasive wheel, the

speed of the shaft or spindle upon which the wheel is mounted and the diameter of the pully upon such

shaft or spindle necessary to secure such safe working peripheral speed.

(2) The speeds indicated in the notice under sub - section (1) shall not be exceeded.

(3) Effective measures shall be taken in every factory to ensure that the safe working peripheral

speed of every revolving vessel, cage basket, flywheel, pulley disc or similar appliance driven by

power is not exceeded.

33 C. Pressure plant .
__ _
(1) If in any factory any part of the plant or machinery used in a

manufacturing process is operated at a pressure above atmospheric pressure, effect ive measures shall

be taken to ensure that safe working pressure of such part is not exceeded.

Page 23 of 44

(2) The Provincial Government may make rules providing for the examination and testing of

any plant or machinery such as is referred to in sub - section (1) a nd prescribing such other safety

measures in relation thereto as may, in its opinion, be necessary in any factory or class or description

of factories.

33 D. Floors, stairs and means of access .
__ _
In every factory
__ _

(a) all floors, stairs, passages and gangways shall be of sound construction and

properly maintained and where it is necessary to ensure safety, steps, stairs,

ladders, passages and gangways shall be provided with substantial handrails ;

(b) there shall so f ar as is reasonably practicable be provided and maintained safe

means of access to every place at which any person is at any time required to

work ;

(c) all places of work from which a worker may be liable to fall a distance

exceeding three feet and six inches shall be provided with fencing or there

suitable safeguards ; and

(d) adequate provision s hall be made for the drainage o f floors in wet processes and

for the use of slatted stands and platforms.

33 E. Pits, sumps, opening, in floors, etc .
__ _
(1) In every factory, every fixed vessel, sump, tank

pit or opening in the ground or in a floor which by reason of its depth, situation, construction or

contents, is or may be a source of danger, shall be either securely covered or securely fenced.

(2) The Pr ovincial Government may, by order in writing, exempt, subject to such conditions as

may be imposed, any factory or class or description of fac tories in respect of any vessel sump, tank pit

or opening from compliance with the provisions of this section.

33 F . Excessive weights .
__ _
(1) No person shall be employed in any factory to lift , carry or move

any load so heavy as to be likely to cause him injury.

(2) The Provincial Government may make rules prescribing the maximum weights which may

be lifted, carried or moved by adult men, adult women, adolescents and children employed in factories

or in any class or description of factories or in carrying on any specified process.

33 G. Protection of eyes .
___
The Provincial Government may, in respect of any manu facturing

process carried on in any factory, by rules require that effective screens or suitable goggles shall be

provided for the protection of persons employed on, or in the immediate vicinity of, a process which

involves :
__ _

(a) risk of injury to the eyes from particles or fragments thrown off in the course

of the process, or

(b) risk to the eyes by reason of exposure to excessive light or heat.

33. H. Powers to require specifications of defective parts or tests of stability .
__ _
If it appears

to the I nspector that any building or part of a building, or any part of the ways, machinery or plant in

a factory, is in such a condition that it may be dangerous to human life or safety, he may serve on the

Manager of the factory an order i n writing, requiring him before a specified date
__ _

Page 24 of 44

(a) to furnish such drawings, specifications and other particulars as may be

necessary to determine whether such building, ways, machinery or plant can be

used with safety, or

(b) to carry out such tests as may be necessary to determine the strength or quality

of any specified parts and to inform the Inspector of the results thereof.

33 I. Safety of building, machinery and manufacturing process .
__ _
(1) If it appears to the

Inspector that any building o r part of a building or any part of the ways, machinery or plant or

manufacturing process in a factory is in such a condition that it is dangerous to human health or safety,

he may serve on the Manager of the factory an order in writing specifying the meas ures which, in his

opinion, should be adopted, and requiring them to be carried out before a specified date.

(2) If it appears to the Chief Inspector that the requisitions made under sub - section (1) are not

satisfactorily fulfilled thereby involving expos ure of workers to serious hazards, he may serve on the

Manager of the factory an order in writing, containing a statement of the grounds of his opinion,

prohibiting until the danger is removed, the employment, in or about the factory or part thereof, of an y

person whose employment is not in his opinion reasonably necessary for the purpose of removing the

danger.

(3) If it appears to the Inspector that the use of any building or part of a building or of any part

of the ways, machinery or plant or manufactur ing process in a factory involves imminent danger to

human health or safety he may serve on the Manager of the factory an order in writing prohibiting,

until the danger is removed, the employment, in or about the factory or part thereof, of any person

whos e employment is not in his opinion reasonably necessary for the purpose of removing the danger.

(4) Nothing in sub - section (2) or (3) shall be deemed to affect the continuance in the

employment of the factory of a person whose employment in or about the f actory or part thereof is

prohibited under that sub - section.

33J. Power to make rules to supplement this Chapter .
__ _
The Provincial Government may

make rules requiring that
__ _

(1) in any factory or in any class or description of factories, such further devices and measures

for securing the safety of the persons employed therein as it may deem necessary shall be adopted ;

and

(2) work on a manufacturing process carried on with the aid of power shall not be begun in any

building or part of a build ing erected or taken into use as a factory until a certificate of stability in the

prescribed form and signed by a person possessing the prescribed qualifications has been sent to the

Chief Inspector.

33K. Precautions against dangerous fumes .
__ _
(1) In any factory no person shall enter or be

permitted to enter any chamber, tank, vat, pit, pipe, flue or other confined space in which dangerous

fumes are likely to be present to such an extent as to involve risk of persons being overcome thereby,

unless it i s provided wi th a manhole of adequate size or other effective means of egress.

(2) No portable electric light of voltage exceeding twenty - four volts shall be permitted in any

factory for use inside any confined space such as is referred to in sub - section (1) and, where the fumes

Page 25 of 44

present are likely to be inflammable, a lamp or light other than of flame proof construction shall not

be permitted to be used in such confined space.

(3) No person in any factory shall enter or be permitted to enter any confined space such as is

referred to in sub - section (1) until all practicable measures have been taken to remove any fumes which

may be present and to prevent ingress of fumes and unless either —

(a) a certificate in writing has been given by a competent person, b ased on a test

carried out by himself, that the space is free from dangerous fumes and fit for

persons to enter, or

(b) the worker is wearing suitable breathing apparatus and a belt securely attached

to a rope, the free end of which is held by a person s tanding outside the confined

space.

(4) Suitable breathing apparatus, reviving apparatus and belts and ropes shall in every factory

be kept ready for instant use beside any such confined space as aforesaid which any person has entered,

and all such apparat us shall be periodically examined and certified by a competent person to be fit for

use ; and a sufficient number of persons employed in every factory shall be trained and practiced in

the use of all such apparatus and in the method of restoring respiratio n.

(5) No person shall be permitted to enter in any factory, any boiler furence , boiler flue, chamber,

tank, vat, pipe or other confined space for the purpose of working or making any examination therein

until it has been sufficiently cooled by ventilatio n or otherwise to be safe for persons to enter.

(6) The Provincial Government may make rules prescribing the maximum dimensions of the

main holes referred to in sub - section (1) and may, by order in writing, exempt, subject to such

conditions as it may think fit to impose, any factory or class or description of factories from compliance

with any of the provisions of this section.

33 L. Explosive or inflammable dust, gas, etc .
__ _
(1) Where in any factory any manufacturing

process produces dust, gas, fume or vapour of such character and to such extent as to be likely to

explode on ignition, all practicable measures shall be taken to prevent any such explosion by
__ _

(a) effective enclosure of the plant or machinery used in the process ;

(b) removal or prevention of the accumulation of such dust, gas, fume or vapour ;

(c) exclusion or effective enclosure of all possible sources of ignition.

(2) Where in any factory the plant or machinery used in a process such as is referred to in sub -

section (1) is not so constructed as to withstand the probable pressure which such an explosion as

aforesaid would produce, all practicable measures shall be taken to restrict the spread a nd effects of

the explosion by the provision in the plant or machinery of chokes, Baffles, vents or other effective

appliances.

(3) Where any part of the plant or machinery in a factory contains any explosive or inflammable

gas or vapour under pressure gr eater than atmospheric pressure, that part shall not be opened except in

accordance with the following provisions, namely :
__ _

Page 26 of 44

(a) before the fastening of any joint of any pipe connected with the part of the

fastening of the cover of any op ening into the part is loosened .

any flow of the gas or vapour into the part or any such pipe shall be effectively

stopped by a stop - valve or other means ;

(b) before any such fastening as aforesaid is removed , all practicable measures shall

be taken to reduce the pressure of the gas or vapour in the part or pipe to

atmospheric pressure ;

(c) where any such fastening as aforesaid has been loosened or removed, effective

measures shall be taken to prevent any explosive or inflammable gas or vapour

from entering the part or pipe until the fastening has been secured or, as the case

may be, securely replaced :

Provided that the provisions of this sub - section shall not apply in the case of plant or machinery

installed in the open air.

(4) No plant, tank or vessel which contains or has contained any explosive or inflammable

substance shall be subjected in any factory to any welding, brazing, soldering or cutting operation

which involves the application of heat or to any drilling or other operation which is likely to crea te

heat or sparks, unless adequate measures have first been taken to remove such substance and any fumes

arising therefrom or to render such substance and fumes non - explosive or non - inflammable , and no

such substance shall be allowed to enter such plant, t ank or vessel after any such operation until the

metal has cooled sufficiently to prevent any risk of igniting the substance.

(5) The Provincial Government may by rules ex empt, subject to such condition as may be

prescribed, any factory or class or descrip tion of factories from compliance with all or any of the

provisions of this section.

33 M. Power to exclude children .
__ _
(1) The Provincial Government may make rules

prohibiting the admission to any specified class of factories, or to specified parts thereof, of children

who cannot be lawfully employed therein.

(2) If it appears to the Inspector that the presence in any fac tory or part of a factory of children

who cannot be lawfully employed therein may be dangerous to them or injurious to their health, he

may serve on the manager of the factory an order in writing directing him to prevent the admission of

such children to t he factory or any part of it.

3 3 N. Notice of certain accident .
___
Where in any factory an accident occurs which causes

death, or which causes any bodily injury whereby any person injured is prevented from resuming his

work in the factory during the forty - ei ght hours after the accident occurred, or which is of any nature

which may be prescribed in this behalf, the manager of the factory shall send notice thereof to such

authorities, and in such form and within such time, as may be prescribed.

33 P. Appeals .
__ _
(1) The manager of a factory on whom an order in writing by an Inspector has

been served under the provisions of this Chapter, or the occupier of the factory, may, within thirty days

of the service of the order, appeal against it to the Provinci al Government, or to such authority as the

Provincial Government may appoint in this behalf, and the Provincial Government or appointed

Page 27 of 44

authority may, subject to rules made in this behalf by the Provincial Government, confirm , modify or

reverse the order.

(2) The appellate authority may, and if so required in the petition or appeal shall, hear the appeal

with the aid of assessors, one of whom shall be appointed by the appellate authority and the other by

such body representing the industry concerned as the Provincial Government may prescribe in this

behalf :

Provided that if no assessor is appointed by such body, or if the assessor so appointed fails to

attend at the time and place fixed for hearing the appeal, the appellate authority may, unless satisfied

that the failure to attend is due to sufficient cause, proceed to hear the appeal without the aid of such

assessor, or if it thinks fit, without the aid of any assessor.

(3) Except in the case of an appeal against an order under sub - section (3) of section 33 I or sub -

section (2) of section 33M the appellate authority may, suspend the order appealed against pending the

decision of the appeal, subject however to such conditions as to partial compliance or the adoption of

temporary measures as it may ch oose to impose in any case.

33 Q. Additional power to make health and safety rules relating to shelters during rest .
__ _

(1) The Provincial Government may make rules requiring that in any specified factory wherein more

than one hundred and fifty workers are ordinarily employed, an adequate shelter shall be provided for

the use of workers during periods of rest, and such rules may prescribe the standards of such shelters.

(2) rooms for children .
__ _
The Provincial Government may also make rules
__ _

(a) requiring that in any specified factory, wherein more than fifty women workers

are ordinarily employed, a suitable room shall be reserved for the use of children

under the age of six years belonging to such women, and

(b) prescribing the standards f or such rooms and the nature of the supervision to be

exercised over the children therein.

(3) certificates of stability .
__ _
The Provincial Government may also make rules, for any class of

factories and for the whole or any part of the Province, requiring t hat work on a manufacturing process

carried on with the aid of power shall not be begun in any building or part of a building erected or

taken into use as a factory after the commencement of this Act, until a certificate of s tability in the

prescribed form , signed by a person possessing the prescribed qualifications, has been sent to the

Inspector.

(4) hazardous operations .
__ _
Where the Provincial Government is satisfied that any operation

in a factory exposes any persons employed upon it to a serious risk of bodily injury, poisoning or

disease, it may make rules applicable to any factory or class of factories in which the operation is

carried on
__ _

(a) specifying the operation and declaring it to be hazardous,

(b) prohibiting or restricting the employment of women, adolescents or children

upon the operation,

Page 28 of 44

(c) providing for the medical examination of persons employed or seek ing to be

employed upon the operation and prohibiting the employment of persons not

certified as fit for such employment, and

(d) providing for the protection of all persons employed upon the operation or in

the vicinity of the places where it is carried on. ]

1
[(5) The Provincial Government may also make rules requiring the occupiers or managers of

factor ies to maintain stores of first - aid appliances and provide for their proper custody and use.]

CHAPTER IV

RESTRICTIONS ON WORKING HOURS OF ADULTS

34. Weekly hours . No adult worker shall be allowed to wo rk in a factory for more than
2
[forty -

eight] hours in any week, or, where the factory is a seasonal one, for more than
2
[fifty] hours in any

week :

Provided that an adult worker in a
3
[ * ] factory engaged in work which for technical reasons

must be continuous throughout the day may work for fifty - six hours in any week.

35. Weekly holiday .
__ _
(1) No adult worker shall be allowed to work in a factory on a Sunday

unless
___

( a ) he has had or will have a holiday for a whole day on one of the three days

immediately before or after that Sunday, and

( b ) the manager of the factory has, before that Sunday or the substituted day,

whichever is earlier,
___

(i) delivered a notice to the office of the Inspector of his intention to require

the worker to work on the Sunday and of the day which is to be

substituted, and

(ii) displayed a notice to that effect in the factory :

Provided that no substitution shall b e made which will result in any wor ker working for more

than ten days consecutively without a holiday for a whole day.

(2) Notice given under sub - section (1) may be cancelled by a notice delivered to the office of

the Inspector and a notice displayed in the factory not later than the day b efore the Sunday or the

holiday to be cancelled, whichever is earlier.

(3) Where, in accordance with the provisions of sub - section (1), any worker works on a Sunday

and has had a holiday on one of the three days immediately before it, that Sunday shall, f or the purpose

of calculating his weekly hours of work, be included in the preceding week.

1
Added by Act No. XVI of 1973 , s. 11.

2
Subs by Act No. X of 194 6 , s. 2 ( w. e. f. the I
st
August 1946 ).

3
O mitted by Act No. V of 1947 , s. 3.

Page 29 of 44

1
[ 35 A. Compensatory holidays .
__ _
(1) Where , as a result of the passing of an order or the

making of a rule under the provisions of this Act exempting a factory or the workers therein from the

provisions of section 35, a worker is deprived of any of the weekly holidays for which provision is

made by sub - section (1) of that section, he shall be allowed, as soon as circumstances permit,

compensatory holidays of equal number to the holidays so lost.

(2) The Provincial Government may make rules prescribing the manner in which the holidays,

for which prov ision is made in sub - section (1), shall be allowed.]

36. Daily hours .
___
No adult worker shall be allowed to work in a factory for more than
2
[nine]

hours in any day :

Provided that a male adult worker in a seasonal factory may work for
2
[ten] hours in any day.

37. Intervals for rest .
___
The periods of work of adult workers in a factory during each day

shall be fixed either
__ _

(a) so that no period shall exceed six hours , and so that no worker shall work for

more than six hours before he has had an interval for rest of at least one hour ;

or

(b) so that no period shall exceed five hours and so that no worker shall work for

more than five hours before he has had an interv al for rest of at least half an

hours, or for more than eight and a half hours before he has had at least two such

intervals.

38. Spread over .
___
The periods of work of an adult worker in a factory shall be so arranged

that along with his intervals for rest under section 37, they shall not spread over more than
3
[twelve]

hours in any day, save with the permission of the
4
[Provincial Government] and subject to such

conditions as it may impose, either generally or in the case of any particular factory.

39. Notice of periods for Work for Adults and preparation thereof .
__ _
(1) There shall be

displayed and correctly maintained in every factory in accordance with the provisions of sub - section

(2) of section 76 a Notice of Periods for Work for Adults showing c learly the periods within which

adult workers may be required to work.

(2) The periods shown in the N otice required by sub - se ction (1) shall be fixed before hand in

accordance with the following provisions of this section and shall be such that workers w orking for

those periods would not be working in contravention of any of the provisi ons of section 34, 35, 36, 37

and 38.

1
I ns. by Act No. III of 1945, s. 2. , ( w. e. f. the 1
st
January 1946 ).

2
Subs. by Act No. X of 1946 , s. 3 ( w. e. f. the 1
st
August, 1946 ).

3
Subs. by the Finance Act, 2006 ( Act No. III of 20 06 ) , s. 3.

4
Subs. by A. O., 1937.

Page 30 of 44

(3) Where all the adult workers in a factory are required to work within the same periods, the

manager of the factory shall fix those periods for such workers generally.

(4) Where all the adult workers in a factory are not required to work within the same periods,

the manager of the factory shall classify them into groups according to the nature of their work.

(5) For each group which is not required to work on a system of shifts, the manager of the

factory shall fix the periods within which the group may be required to work.

(6) Where any group is required to work on a system of shifts and the relays are not to be

subject to predetermined periodical changes of shift, the manager of the factory shall fix the periods

within which each relay of the group ma y be required to work.

(7) Where any group is to work on a system of shifts and the relays are to be subject to

predetermined periodical changes of shifts, the manager of the factory shall d raw up a scheme of shifts

where under the periods within which any relay of the group may be required to work and the relay

which will be working at any time of the day shall be known for any day.

(8) The
1
[Provincial Government] may make rules prescribing forms for the Notice of Periods

for Work for Adults and the mann er in which it shall be maintained.

40. Copy of Notice of Periods for Work to be sent to Inspector .
__ _
(1) A copy of the Notice

referred to in sub - section (1) of section 39 shall be sent in duplicate to the Inspector within fourteen

days after the commencement of this Act, or, if the factory begins work after the commencement of

this Act, before the day on which it begins work.

(2) Any proposed change in the system of work in a factory which will necessitate a change in

the Notice shall be notified to the Inspector in duplicate before the change is made, and , except with

the previous sanction of the Inspector, no such change shall be made until one week has elapsed since

the last change.

41. Register of Adult Workers .
__ _
(1) The manager of every factory shall maintain a Register

of Adult Workers showing
__ _

( a ) the name
2
[and age] of each adult worker in the factory,

( b ) the nature of his work,

( c ) the group, if any, in which he is included,

( d ) where his group works on shifts, the relay to which he is allotted, and

( e ) such other particulars as may be prescribed :

1
Subs. by A. O., 1937.

2
Ins. by Act No. XVI of 1973 , s.12.

Page 31 of 44

Provided that, if the Inspector is of opinion that any muster roll or register maintained as part

of the routine of a factory gives in respect of any or all of the workers in the factory the particulars

required under this section, he may, by order in writing, direct that such muster roll or register shall to

the corresponding extent be maintained in place of and be treated as the Register of Adult Workers in

that fa ctory :

Provided further that, where the
1
[Provincial Government] is satisfied that the conditions of

work in any factory or class of factories are such that there is no appreciable risk of contravention of

the provisions of this Chapter in the case of that factory or factories of that c lass, as the case may be,

the
1
[Provincial Government] may, by written order, exempt, on such conditions as it may impose, that

factory or all factories of that class, as the case may be, from the provisions of this secti on.

(2) The
1
[Provincial Government] may make rules prescribing the form of the Register of Adult

Workers, the manner in which it shall be maintained and the period for which it shall be preserved.

42. Hours of work to correspond with Notice under section 39 and Register under section

41 .
___
No adult worker shall be allowed to work otherwise than in accordance with the Notice of Periods

for Work for Adults displayed under sub - section (1) of section 39 and the entries made beforehand

against his name in the Register of Adult Workers maintained under section 41.

43. Power to make rules exempting from restrictions .
__ _
(1) The
1
[Provincial Government)

may make rules defining the persons who hold positions of supervision or management or are

employed in a conf idential position in a factory, and the provisions of this Chapter,
2
[other than the

provisions of clause ( b ) of sub - section (1) of section 45 and of the provisos to that sub - section], shall

not apply to any person so defined.

(2) The
1
[Provincial Government] may make rules for adult workers providing for the

exemption , to such extent and subject to such conditions as may be prescribed in such rules,
___

( a ) of workers engaged on urgent repairs
__ _
from the provisions of sections 34, 35,

3 6, 37 and 38 ;

( b ) of workers engaged in work in the nature of preparatory or complementary work

which must necessarily be carried on outside the limits laid down for the general

working of the factory
__ _
from the provisions of sections 34, 36, 37 and 38 ;

( c ) of workers engaged in work which is necessarily so intermittent that the

intervals during which they do not work while on duty ordinarily amount to

more than intervals for rest required under section 37
__ _
from the provisions of

sections 34, 36, 37 and 38 ;

( d ) of workers engaged in any work which for technical reasons must be carried on

continuously throughout the day
__ _
from the provisions of sections 34, 35, 36,

37 and 38 ;

1
Subs. by A. O., 1937.

2
Ins. by Act No. XI of 1935 , s. 2.

Page 32 of 44

( e ) of workers engaged in making or supplying articles of prime necessity which

must be made or supplied every day
__ _
from the provisions of section 35 ;

( f ) of workers engaged in a manufacturing process which cannot be carried on

except during fixed seasons
_ _ _
from the provisions of section 35 ;

( g ) of workers engaged in a manufacturing process which cannot be carried on

except at times dependent on the irregular action of natural forces
__ _
from the

provisions of section 35 and section 37 ; and

( h ) of workers engaged i n engine - rooms or boiler - houses
_ _ _
from the provisions of

(3) Rules made under sub - section (2) providing for any exemption may also provide for any

consequential exemption from the provisions of sections 39 and 40 which the
1
[Provincial

Government] may deem to be expedient, su bject to such conditions as it may impose.

(4) In making rules under this section the
1
[Provincial Government] shall prescribe the

maximum limits for the weekly hours of work for all classes of workers, and any exemption given,

other than an exemption und er clause ( a ) of sub - section (2), shall be subject to such limits.

(5) Rules made under this section shall remain in force for not more than three years.

__ _
(1) Where the
1
[Provincial

Government] is satisfied that, owing to the nature of the work carried on or to other circumstances, it

is unreasonable to require that the periods of work of any adult workers in any factory or class of

factories should be fixed beforehand, it may, by written order, relax or modify the provisions of

sections 39 and 40 in respect of such workers to such extent and in such manner as it may think fit,

and subject to such conditions as it may deem expedient to ensure control over periods of work.

(2). The
1
[Provincial Government], or subject to the control of the
1
[Provincial Government]

the Chief inspector, may, by written order, exempt, on such conditions as it or he may deem expe dient,

any or all of the adult workers in any factory, or group or class of factories, from any or all of the

provisions of sections 34, 35, 36, 37, 38, 39 and 40, on the ground that the exemption is required to

enable the factory or factories to deal with an exceptional press of work.

(3) Any exemp tion given under sub - section (2) in respect of weekly hours of work shall be

subject to the maximum limits prescribed under sub - section (4) of section 43.

2
[(4) An order under sub - section (2) shall remain in force for such period, not exceeding two

months from the date on which notice thereof is given to the manager of the factory, as may be specified

in the order :

1
Subs. by A. O., 1937.

2
Subs. by Act No. X of 1946 , s. 5 ( w. e. f. the 1
st
August, 1946 ).

Page 33 of 44

Provided that if in the opinion of the Provincial Government the public interest so requires, the

Provincial Government may from time to time, by notification in the official Gazette, extend the

operation of any such order for a period, not exceeding six months at any one time, as may be specif ied

in the notification.]

__ _
(1) The provisions of this Chapter

shall, in their application to women workers in factories, be supplemented by the following further

restrictions, namely
__ _

( a ) no exemption from the provisions of section 36 may be granted in respect of

any woman ; and

( b ) no woman shall be allowed to work in a factory e xcept between 6 A. M. and 7

P.M. :

1
[Provided that if the employer arranges for the transport facilities, a wo man with her consent

may work up to 10.00 p.m. in two shifts ]

1
[Omitted]

(2) The
2
[Provincial Government] may make rules providing for the exemption from the above

restrictions, to such extent and subject to such conditions as it may prescribe, of women working in

fish - curing or fish - canning factories where the employment of women beyond the said hours is

necessary to prevent damage to or det erioration in any raw material.

(3) Rules made under sub - section (2) s hall remain in force for not mo re than three year s .

midnight, the ensuing day for him shall be deemed to be the period of twenty - four hours beginning

when such shift ends, and the hours he has worked afte r midnight shall be counted towards the previous

day :

Provided that the
2
[Provincial Government] may, by order in writing, direct that in the case of

any specified factory or any specified class of workers therein the ensuing day shall be deemed to be

the period of twenty - four hours beginning when such shift begins and that the hours worked before

midnight shall be counted towards the ensuing day.

__ _ 3
[(1) Where a worker
__ _

( a ) in a non - seasonal factory works for more than nine hours in any day or for more

than forty - eight hours in any week, or

( b ) in a seasonal factory works for more than nine hours in any day or for more than

fifty hours in any week,
__ _

he shall be entitled in respect of the overtime worked to pay at the rate of twice his ordinary rate of

pay.]

1
Subs and omitted by the Finance Act, 2006 ( Act No. III of 200 6 ) , s. 3.

2
Subs. by A. O., 1937.

3
Subs. by Act No. X of 1946 . s. 7 . ( w. e. f. the 1
st
August, 1946 ) .

Page 34 of 44

1
[Explanation .
__ _
In this sub - section, ‘ordinary rate of pay’ means all remuneration capable of

being expressed in terms of money which would, if the terms of the contract of employment, express

or implied, were fulfilled, be payable to a worker in respect of his employment o r of work done in such

employment, but does not include
__ _

(i) the value of any house - accommodation, supply of light, water, medical

attendance or other amenity ;

(ii) any contribution paid by the employer to any pension fund or provident fund ;

(iii) any travelling allowance or the value of travelling concession ; or

(iv) any gratuity, bonus or share in the profits of the factory.]

(3) Where any workers are paid on a piece rate basis, the
2
[Provincial Government] in

consultation with the industry concerned may for the purposes of this section fix time rates as nearly

as possible equivalent to the average rate of earnings of those workers, and the rates so fixed shall be

deemed to be the ordi nary rates of those workers for the purposes of this section.

(4) The
2
[Provincial Government) may prescribe the registers that shall be maintained in a

factory for the purpose of securing compliance with the provisions of this section.

___
No adult worker shall be allowed to work in any

factory on any day on which he has already been working in any other factory, save in such

circumstances as may be prescribed.

___
The
2
[Provincial Gove rnment] may make rules providing

that in any specified class or classes of factories work shall not be carried on by a system of shifts so

arranged that more than one relay of workers is engaged in work for the same kind at the same time

save with the perm ission of the
2
[Provincial Government] and subject to such conditions as it may

impose, either generally or in the case of any particular factory.

3
[ CHAPTER IVA

HOLIDAYS WITH PAY

49 A. Application of Chapter .
__ _
(1) The provisions of this Chapter shall not apply to a seasonal

factory.

(2) The provisions of this Chapter shall not operate to the prejudice of any rights to which a

worker may be entitled under any other enactment, or under the terms of any award, agr eement or

contract of service.

1
A dded by Act No. XVI of 1973 , s. 13.

2
Subs. by A.O., 1937.

3
I ns. by Act No. III of 1945, s. 3 (w. e. f. the 1
st
January, 1946).

Page 35 of 44

49 B. Annual holidays .
__ _
(1) Every worker who has completed a period of twelve months

continuous service in a factory shall be allowed, during the subsequent period of twelve months,

holidays for a period of
1
[ * * * ] fourteen consecutive days, inclusive of the day or days, if any, on

which he is entitled to a holiday under sub - section (1) of section 35.

(2) If a worker fails in any one such period of twelve months to take the whole of the holidays

allowed to him unde r sub - section (1), any holidays not taken by him shall be added to the holidays to

be allowed to him under sub - section (1) in the succeeding period of twelve months, so however that

the total number of days holidays which may be carried forward to a succee ding period shall not exceed

1
[ * * * ] fourteen.

(3) If a worker entitled to holidays under sub - section (1) is discharged by his employer before

he has been allowed the holidays, or if, having applied for and having been refused the holidays, he

quits his employment before he has been allowed the holidays, the employer shall pay him t he amount

payable under section 49C in respect of the holidays.

Explanation.
__ _
A worker shall be deemed to have completed a period of twelve months

continuous service in a factory notwithstanding any interruption in service during those twelve months

brough t about by sickness, accident or authorised leave not exceeding ninety days in the aggregate for

all three, or by a lock - out, or by a strike which is not an illegal strike, or by intermittent periods of

involuntary unemployment not exceeding thirty days in the aggregate ; and authorised leave shall be

deemed not to include any weekly holiday allowed under section 35 which occurs at beginning or end

of an interruption brought about by the leave.

___
Without prejudice to th e conditions governing the day or

days, if any, on which the worker is entitled to a holiday under sub - section (1) of section 35, the worker

shall, for the remaining days of the holidays allowed to him under section 49B, be paid at a rate

equivalent to the daily average of his wages as defined in the Payment of Wages Act, 1936, for the

day s on which he actually worked during the preceding three months, exclusive of any earning in

respect of overtime.

___
A worker who has been allowed holidays under section

49B shall, before his holidays begin, be paid half the to tal pay due for the period of holidays.

___
Any Inspector may institute proceedings on

behalf of any worker to recover any sum requir ed to be paid under this Chapter by an employer which

the employer has not paid.

__ _
(1) The Provincial Government may make rules to carry into

effect the provisions of this Chapter.

(2) Without prejudice to the generality of the f oregoing power rules may be made under this

section prescribing the keeping by employers of registers showing such particulars as may be

prescribed and requiring such registers to be made available for examination by Inspectors.

2
[ * * * * * * * ]

1
O mitted by Act No. XVI of 1973 , s. 14.

2
O mitted by A. O. 1964, Art. 2 and Sch .

Page 36 of 44

___
Where the Provincial

Government is satisfied that the leave rules applicable to workers in a factory provide benefits

substantially similar to those for which this Chapter makes provision, it may, by written order, exempt

the factory from the provisions of this Chapter.]

1
[ 49H. Casual leave and sick leave .
__ _
(1) Every worker shall entitled to casual leave with full

pay for ten days in a year.

(2) Every worker sh all be entitled to sixteen days’ sick leave on half average pay in a year.

__ _
(1) Every worker shall be allowed holidays with pay on all days

declared by the Provincial Government to be festival holidays.

(2) A worker may be required to work on a ny festival holiday but one day additional

compensatory holiday with full pay and a substitute holiday shall be allowed to him in accordance

with the provisions of section 35.]

CHAPTER V

SPECIAL PROVISIONS FOR ADOLESCENTS AND CHILDREN

___
No child who has not completed his

2
[fourteenth] year shall be allowed to work in any factory .

___
No child

who has completed his
2
[fourteenth] year and no adolescent shall be allowed to work in any factory

unless
__ _

(a) a certificate of fitness granted to him under section 52 is in the custody of the

manager of the factory, and

(b) he carries while he is at work a token giving a reference to such certificate.

__ _
(1) A certifying surgeon shall, on the application of any
1
[child or

adolescent] who w ishes to work in a factory, or of the parent or guardian of such person, or of the

manager of the factory in which such person wishes to work, examine such person and ascertain his

fitness for such work.

(2) The certifying surgeon, after examination, may grant to such person, in the prescribed

form,
___

( a ) a certificate of fitness to work in a factory as a child, if he is satisfied that such

person has completed his
2
[fourteenth] year, that he has attained the prescribed

physical standards (if any), and that he is fit for such work ; or

1
Added and subs. by Act No. XVI of 1973 , s s. 15 and 16.

2
Subs. b y the Labour Laws (Amdt.) Act, 1977 ( Act No. XVII of 1977 ) , s. 2, Sch. 1.

Page 37 of 44

( b ) a certificate of fitness to work in a factory as an adult, if he is satisfied that such

person has completed his fifteenth year and is fit for a full day’s work in a

factory .

(3) A certifying surgeon may revoke any certificate granted under sub - section (2) if, in his

opinion, the holder of it is no longer fit to work in the capacity stated therein in a factory.

(4) Where a certifying surgeon or a practitioner authorised under sub - section (2) of section 12

refuses to grant a certificate or a certificate of the kind requested, or revokes a certificate, he shall, if

so requested by any person who could have applied for the certificate, state his reasons in writing for

so doing.

__ _
(1) An adolescent who has been granted a

c ertificate of fitness to work in a factory as an adult, under clause ( b ) of sub - section (2) of section 52,

and who, while at work in a factory, carries a token giving reference to the certificate, shall be deemed

to be an adult for all the purposes of Chapter IV.

(2) An adolescent who has not been granted a certificate of fitness work in a factory as an adult

under sub - section (2) of section 52 shall, notwithstanding his age, be deemed to be a child for the

purposes of this Act.

54 . Restrictions on the working hours of a child .
__ _
(1) No child shall be allowed to work in

a factory for more than five hours in any day.

(2) The hours of work of a child shall be so arranged that they shall not spread over more than

seven - and - a - half hours in any day .

(3) No child
1
[or adoles ent] shall be allowed to work in a factory except between 6 A. M. and

7 P.M. :

Provided that the
2
[Provincial Government ] may, by notification in the
2
[official Gazette], in

respect of any class or classes of factories and for the whole year or any part of it, vary these limits to

any span of thirt een hours between 5 A. M. and
3
[7 - 30 P.M.].

(4) The provisions of section 35 shall apply also to child workers, but no exemption from the

provisions of t hat section may be granted in respect of any child.

(5) No child shall be allowed to work in any factory on any day on which he has already been

working in another factory.

__ _
(1) There shall be displayed and correctly

maintained in every factory in accordance with the provisions of sub - section (2) of section 76, a Notice

of Periods for Work for Children, showing clearly the periods within which children may be required

to work.

1
Ins. by Act No. XVI of 1973 , s. 17.

2
Subs by A. O. 1937 .

3
S ubs. by Act No. XIV of 1944), s. 5.

Page 38 of 44

(2) The periods shown in the Notice required by sub - section (1) shall be fixed beforehand in

accordance with the method laid down for adults in section 39 and shall be su ch that children working

for those periods would not be working in contravention of section 54.

(3) The provisions of section 40 shall apply also to the Notice of Periods for Work for Children.

(4) The
1
[Provincial Government] may make rules prescribing forms for the Notice of Periods

for Work for Children and the manner in which it shall be maintained.

__ _
(1) The manager of every factory in which children are

employed shall maintain a Register of Child Workers s howing
__ _

( a ) the name
2
[and age] of each child worker in the factory

( b ) the nature of his work,

( c ) the group, if any, in which he is included,

( d ) where his group works on shifts, th e relay to which he is allotted,

( e ) the number of his certificate of fitness granted under section 52, and

( f ) such other particulars as may be prescribed.

(2) The
1
[Provincial Government] may make rules prescribing the form of the Register of Child

Workers, the manner in which it shall be maintained and the period for which it shall be preserved.

___
No child shall be allowed to

work otherwise than in accordance with the Notice of Periods for Work for Children displayed under

sub - section (1) of section 55 and the entries made before hand against his name in the Register of Child

Workers maintained under sub - section (1) of section 56.

___
Where an Inspector is of opinion —

(a) that any person working in a factory without a certificate of fitness is a child or

an adolescent, or

(b) that a child or adolescent workin g in a factory with a certificate is no longer fit

to work in the capacity stated therein,

he may serve on the manager of the factory a notice requiring that such person, or that such child or

adolescent, as the case may be, shall be examined by a certif ying surgeon or by a practitioner

authorised under sub - section (2) of section 12, and such person, child or adolescent shall not, if the

Inspector so directs, be allowed to work in any factory until he has been so examined and has been

granted a certificat e of fitness or a fresh certificate of fitness, as the case may be.

1
Subs by A. O. 1937.

2
Ins. by Act No. XVI of 1973 , s. 18.

Page 39 of 44

___
The
1
[Provincial Government] may make rules
__ _

(a) prescribing the forms of certificates of fitness to be granted under section 52,

providing for the grant of duplicates in the event of loss of original certificates,

and fixing the fees which may be charged for such certificates and such

duplicates ;

(b) prescribing the physical standards to be attained by children and adolescents ;

(c) regulating the procedure of certifying surgeons under this Chapter, and

specifying other duties which they may be required to perform in connection

with the employme nt of children and adolescents in factories ; and

(d) providing for any other matter which may be expedient in order to give effect

to the provisions of this Chapter.

2
[ 59 A. Provisions to be in addition to Act XXVI of 1938 .
__ _
The provisions of this Chapter shall

be in addition to, and not in derogation of , the provisions of the Employment of Children Act, 1938

( XXVI of 1938 )] .

CHAPTER VI

PENALTIES AND PROCEDURE

___
If in any factory —

(a) there is any contraven tion
__ _

( i ) of any of the provisions of sections 1 3 to
3
[32] inclusive, or

( ii ) of any order made under any of the said sections, or

( iii ) of any of the said sections read with rules ma de in pursuance thereof

under
3
[section 33J] or

( iv ) of any rules made under any of the said sections or under
3
[sections 33J

and 33Q], or

( v ) of any condition imposed und er sub - section (3) of section
3
[33P], or

(b) a ny person is allowed to work in contravention
___

( i ) of any of the provisions of section s 34 to 38 inclusive, 42, 45
4
[ , 48, 49H

and 49I], or

1
Subs by A. O. 1937 .

2
Subs. by Act No. XVI of 1973 , s, 19 .

3
Subs. by the Labour Laws (Amdt.) Ordinance, 1972 ( Ordinance No. IX of 1972 ) , s. 2, Sch. 1 .

4
Subs. by the Labour Laws (Amdt.) Act, 1975 ( Act No. XI of 1975 ) , s.2 and Sch.

Page 40 of 44

( ii ) of any rule made under any of the said sections, or under section 49, or

( iii ) of any condition attached or any exemption granted under section 43 or

or section 49, or

(c) there is any contravention of any of the provisions of sections 39 to 41 inclusive

or of any rule made under section 39, section 41 or section 47, or of any

condition attached to any exemption granted under sec tion 41 or to any

modification or relaxation m ade under section 44, or

(d) any person is not paid any extra pay to which he is entitled under the provisions

of section 47, or

(e) any adolescent or child is allowed to work in contravention of any of the

provisions of sections 50, 51, 54, 55, 57 and 58, or

(f) there is any contravention of section 55 or section 56 or of any rules made under

either of these sections, or un der clause (d) of section 59,
1
[or]

1
[(g) there is any contravention of section 49B, 49C, or 49D, or of any rule made

under section 49F,]

the manager and occupier of the factory shall each be punishable with fine

which may extend to five hundred rupees :

Provided that if both the manager and the occupier are convicted, the aggregate of the fines

inflicted in respect of the same contravention shall not exceed this amount.

convicted at any offence pu nishable under clauses (b) to
2
[(g)] inclusive of section 60 is again guilty

of an offence Involving a contravention of the same provision, he shall be punishable on the second

conviction with fine which may extend to seven hundred and fifty rupees and shall not be less than

one hundred rupees, and if he is again so guil ty, shall be punishable on the third or any subsequent

conviction with fine which may extend to one thousand rupees and shall not be less than two hundred

and fifty rupees :

Provided that for the pu rposes of this section no cognizance shall be taken of any conviction

made more than two years before the commission of the offence which is being punished :

Provided further that the Court, if it is satisfied that there are exceptional circumstances

warr anting such a course, may, after recording its reasons writing, impose a smaller fine than is

required by this section.

1
A dded and ins. by Act No. III of 1945 , s. 4 . ( w. e. f. the 1
st
January, 1946 ).

2
Subs. by Act No. III of 1945, s.5.

Page 41 of 44

___
An occupier of a factory who fails t o give any notice required by sub - section (1)
1
[,sub - section (1A)]

or sub - section (2) of section 9 shall be punishable with fine which may extend to five hundred rupees.

___
Whoever wi lfully obstructs an Inspector in the

exercise of any power under section 11, or fails to produce on demand by an Inspector any registers or

other documents in his custody kept in pursuance of this Act or of any of the rules made there - under,

or conceals or preve nts any worker in a factory from appearing before or being examined by an

Inspector, shall be punishable with fine which may extend to five hundred rupees.

___
A manager of a factory who fails to give

not ice of an accid ent as required under section
2
[33 N] shall be punishable with fine which may extend

to five hundred rupees.

___
If in respect of any factory any return is not

furnished as required under section 77, th e manager and the occupier of the factory shall each be liable

to fine which may extend to five hundred rupees :

Provided that if both the manager and the occupiers are convicted, the aggregate of the fines

inflicted shall not exceed this amount.

___
Whoever smokes, or uses a naked light or causes or permits any such light to be used in the vicinity

of any inflammable material in a factory shall be punishable with fine whi ch may extend to five

hundred rupees.

Exception.
__ _
This provision does not extend to the use, in accordance with such precautions as

may be prescribed, of a naked light in the course of a manufacturing process.

___
W hoever knowingly uses or attempts to use, as a

certificate granted to himself under section 52, a certificate granted to another person under that

section, or who, having procured such a certific ate, knowingly allows it to be used , or an attempt to

use it to be made, by another person, shall be punishable with fine which may extend to twenty rupees.

___
lf a child works in

a factory on any day on which he has already been working in another factory, the parent or guardian

of the child or the person having custody of or control over him, or obtaining any direct benefit from

his wages, shall be punishable wit h fine which may extend to twenty rupees, unless it appears to the

Court that the child so worked without the consent, connivance or wilful default of such parent,

guardian or person.

___
A manager of a fa ctory who fails to

display the notice required under sub - section (1) of section 76 or by any rule made under this Act, or

to display or maintain any such notice as required by sub - section (2) of that section, shall be punishable

with fine which may extend to five hundred rupees.

1
Ins. by Act No. XVI of 1973 , s.20.

2
S u bs. by the Labour Laws (Amdt.) Ordinance, 1972 ( Ordinance, No. IX of 1972 ) , s. 2, Sch. 1.

Page 42 of 44

70 Determination of “ occupier ” for purposes of this Chapter .
__ _
(1) Where the occupier of

a factory is a firm or other association of individuals, any one of the individual partners or members

thereof may be prosecuted and punished under this Chapter for any offence for which the occupier of

the factory is punishable :

Provided that the firm or association may give notice to the Inspector that it has nominated one

of its num ber who is resident in
1
[Pakistan] to be the occupier of the factory for the purposes of this

Cha pter, and such individual shall so long as he is so resident be deemed to be the occupier for the

purposes of this Chapter until further notice cancelling his nomination is received by the Inspector or

until he ceases to be a partner or member of the firm or association.

(2) Where the o ccupier of a factory is a company, any one of the directors thereof, or, in the

case of a private company, any one of the shareholders thereof, may be prosecuted and punished under

this Chapter for any offence for which the occupier of the factory is punis hable :

Provided that the company may give notice to the Inspector that it has nominated a director, or,

in the case of a private company, a shareholder, who is resident in either case in
1
[Pakistan] to be the

occupier of the factory for the purposes of t his Chapter, and such director or shareholder shall so long

as he is so resident be deemed to be the occupier of the factory for the purposes of this Chapter until

further notice cancelling his nomination is received by the Inspector or until he ceases to be a director

or shareholder.

__ _
(1) Where the

occupier or manager of a factory is charged with an offence against this Act, he shall be entitled upon

complaint duly made by him to have a ny other person whom he charges as the actual offender brought

before the Court at the time appointed for hearing the charge ; and if, after the commission of the

offence has been proved, the occupier or manager of the factory proves to the satisfaction of the

Court
__ _

( a ) that he has used due diligence to enforce the execution of this Act, and

( b ) that the said other person committed the offence in question without his

knowledge, consent or connivance,

that other person shall be convicted of the offence and shall be liable to the like

fine as if he were the occupier or manager, and the occupier or manager shall be

discharged from any liability under this Act.

(2) When it is made to appear to the satisfaction of the Inspector at any time prior to the

institution of the proceedings
__ _

( a ) that the occupier or manager of the factory has used all due diligence to enforce

the execution of this Act, and

( b ) by what person the offence has been committed, and

1
Subs. by the Central Laws (Sta tue Reform) Ordinance, 1960 ( Ordinance No . XXI of 1960 ) , s. 3, Sch. 2. ( w. e. f. the 14
th
October, 1955).

Page 43 of 44

( c ) that it has been committed without the knowledge, consent or connivance of the

occupier or manager, and in contravention of his orders,

the Inspector shall pro ceed against the person whom he believes to be the actual

offender without first proceeding against the occupier or manager of the factory,

and such person shall be liable to the like fine as if he were the occupier or

manager.

___
If a child over the age of six years is found inside any

part of a factory in which children are working, he shall, until the contrary is proved, be deemed to be

working in the factory.

___
(1) When an act or omission would, if a perso n were under or over

a certain age, be an offence punishable under this Act, and such person is in the opinion of the Court

apparently under or over such age, the burden shall be on the accused to prove that such person is not

under or over such age.

(2) A declaration in writing by a certifying surgeon relating to a worker that he has personally

examined him and believes him to be under or over the age set forth in such declaration shall, for the

purposes of this Act, be admissible as evidence of the age o f that worker.

__ _
(1) No prosecution under this Act, except a prosecution under

(2) No Court inferior to that
1
[ * * * ] of a Magistrate of the firs t class shall try any offence

against this Act or any rule or order made thereunder, other than an offen ce under section 66 or section

6 7.

2
[ * * * * * * * ]

___
No Court shall take cognizance of any offence under this

Act or any rule or order there under, other than an offence under section 62 or section 64, unless

complaint thereof is made within six months of the data on which the offence is alleged to have be en

co mmitted.

Provided that when the offence consists of disobeying a written order made by an Inspector,

complaint thereof may be made within twelve months of the date on which the offence is alleged to

have been committed.

CHAPTER VII

SUPPLEMENTAL

76 . Display of factory notices .
___
(1) In addition to the notices required to be displaye d in any

factory by this Act or the rules made thereunder, there shall be displayed in every factory a notice

containing such abstracts of this Act and o f the rules made thereunder, in English and in the vernacular

of the majority of the workers as the
3
[Provincial Government] may prescribe.

1
Repealed by the Federal Laws (Revision and Declaration) Act, 1951 ( Act No. XVI of 1951 ) , s. 3, Sch. 2.

2
O mitted by Act. No. XVI of 1973 , s.21.

3
Subs. by A. O. 1937 .

Page 44 of 44

(2) All notices required to be displayed in a factory shall be displayed at some conspicuous

place at or near the main entrance to the factory, and shall be maintained in a clean and legible

condition.

___
The
1
[Provincial Government] may

make rules requiring occupiers or managers of factories to submit such returns occasi onal or periodical,

as may in
1
[its] opinion be required for the pu rposes of this Act.

78.
1
[Repealed]

__ _
(1) All rules made under this Act shall be subject to the condition

of previous publication, and the date to be specified under clause (3) of section 23 of the General

Clauses Act, 1897 (X of 1897), shall not be less than three months from the date on whic h the draft of

the proposed rules was published.

(2) All such rules shall be published in
1
[ * * * ] the
1
[official Gazette]
1
[ * * * ] and shall, unless

some later date is appointed, come into force on the date of such publication.

2
[Government].

proceeding shall lie against any person for anything which is in good faith done or inte nded to be done

under this Act.

82.
3
[Repealed]

3
[Repealed]

___________

DATED. 05 - 05 - 2025

1
Subs ., repealed and omitted by A. O., 1937.

2
Subs. by A. O. 1961, Art. 2, ( w. e. f. the 23
rd
March 1956 ).

3
Repealed by the Repealing and Amending Act, 1937 (Act No. XX of 1937), s. 3 and 2 nd Sch.