FACTORIES ACT, 1934

The laws relating to Factory is governed by Factory’s Act, 1934. This law extends the whole of Pakistan.

Some Important Definitions:

Adolescent” means a person who has completed his fifteenth but has not completed his seventh year;

Adult” means a person who has completed his seventeenth year;

Child” means a person who has not completed his fifteenth year;

Day” means a period of twenty four hours beginning at midnight;

Week” means a period of seven days beginning at midnight on Saturday night;

Power” means electrical energy, and any other form of energy which is mechanically transmitted and is not generated by human or animal agency

Manufacturing process” means any process—

for making, altering, repairing, ornamenting, finishing or packing, or otherwise treating any article or substance with a view to its use, sale, transport, delivery or disposal, or

for pumping oil, water or sewage, or

for generating, transforming or transmitting power

Worker” means a person employed, whether for wages or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work whatsoever incidental to or connected with the 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;

Factory” means any premises including the precincts thereof whereon twenty 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 out with the aid of power, or is ordinarily so carried out, but does not include a mine subject to the operation of the Mines Act, 1923;

Machinery” includes all plant whereby power is generated, transformed, transmitted or applied;

Occupier” of a factory means the person who has ultimate control over the affairs of the factory;

Prescribed” means prescribed by rules made by the Provincial Government under this Act.

Seasonal Factory: Sec. 4

For the purposes of this Act, a factory which is exclusively engaged on one or more of the following manufacturing processes, namely, cotton ginning, cotton or jute pressing, the decortications of groundnuts, the manufacturer 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 Provincial Government may, by notification in the official Gazette, declare any such factory in which manufacturing processes are ordinarily carried on for more than one hundred and eighty working days in the year, not to be a seasonal factory for the purposes of this Act.

The Provincial Government may, by notification in 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 seasonal factory for the purposes of this Act. Powers of Provincial Government: Sec. 5-8

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 out whether with or without the use of power whenever ten or more workers are working therein or have worked therein on any one day of the twelve months immediately preceding.

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

Notwithstanding anything contained in clause (j) of section 2, a place, to which all or any of the provisions of this Act applicable to factories are for the time being applicable in pursuance of a declaration under sub-section (1), shall, to the extent to which such provisions are so made applicable but not otherwise, be deemed to be a factory

The Provincial Government may, be 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.

Where the Provincial Government is satisfied that; following upon a change of occupier of a factory or in the manufacturing processes carried on therein, the number of workers for the time being working in the factory is less than twenty and is not likely to be twenty or more on any day during the ensuing twelve months, it may, by order in writing, exempt such factory from 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 more workers work in the factory.

In any case of public emergency the official Gazette, exempt any factory from any or all of the provisions of this Act for such period as it may think fit.

Inspector Staff: Sec. 10

The Provincial Government may, by notification in the official Gazette appoint such persons as it thinks fit to be Inspectors for the purposes of this Act within such local limits as it may assign to them respectively.

The Provincial Government may, by notification as aforesaid, appoint any person to be a Chief Inspector, who shall, in addition to the powers conferred on a Chief Inspector under this Act, exercise the powers of an Inspector through the Province.

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, shall 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 paten or machinery connected therewith

Every District Magistrate shall be an Inspector for his district.

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

In any area where there are more Inspectors than one, the Provincial Government may, by notification as aforesaid, declare the powers which such Inspectors shall respectively exercise, and the Inspector to whom the prescribed notices are to be sent.

Every Chief Inspector and Inspector shall be deemed to be a public servant within the meaning of the Pakistan Penal Code and shall be officially subordinate to such authority as the Provincial Government may specify in this behalf.

Powers of Inspector: Sec. 11

The powers of inspector are as under:

Enter, with such assistants (if any), being persons 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 as a factory or capable of being declared to be a factory under the provisions of section 5;

make such examination of the premises and plant and of any prescribed registers, and take on the spot or otherwise such evidence of any persons as he may deem necessary for carrying out the purposes of this Act; and

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 evidence tending to criminate himself.

Certifying Surgeons: sec. 12

The 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 assign to them respectively.

A certifying surgeon may authorize any registered medial practitioner to exercise any of his powers under this Act

A certificate of fitness for employment granted by such authorized practitioner shall be valid for a period of three months only, unless it is confirmed by the certifying surgeon himself after examination of the person concerned

Explanation.—In this section a “registered medical practitioner” means any person registered under the Medical Act, 1958, or any subsequent enactment amending it, or under any Act of the Central Legislature or any Provincial Legislature providing for the maintenance of a register of medical practitioners, and includes, in any area where no such register is maintained, any person declared by the Provincial Government, by notification in the official Gazette, to be a registered medical practitioner for the purposes of this section.

Facilities regarding health of workers required to be provided under the Act:

Cleanliness: Sec. 13:

Every factory shall be kept clean and free from effluvia arising from any drain, privy or other nuisance, and shall be cleaned at such times and by such methods as may be prescribed, and these methods may include lime-washing or color-washing, painting, varnishing, disinfecting and deodorizing.

Disposal of Water and Effluents: Sec. 18

Ventilation and temperature: Overcrowding, Lighting, Sec. 19

Drinking Water: Sec. 20

Provisions regarding safety of workers:

Precautions in case of fire: Sec. 25

Fencing of machinery : Sec. 26

Prohibition of employment of women and children near cotton openers Protection of eyes: Sec. 33 (g).

Provisions regarding working hours:

Daily hours: Sec. 36

Weekly hours: Sec. 34

Intervals for rest: Sec. 37

Overtime work: Sec. 47

Provisions regarding Child Workers:

Working hours: Sec. 54

Fitness certificate: Sec. 52

Provisions regarding Women Workers

Machinery in motion: Sec 27

Suitable room: Sec. 33

Working hours: Sec. 36

Working time: Sec. 45

Provisions regarding Holidays with pay:

Annual holidays: Sec. 49 (B)

Casual leave: Sec. 49 (H)

Sick leave: Sec. 49 (H)