FACTORY ACT -1934 Pakistan

                   FACTORY ACT 1934 PAKISTAN

 

INTRODUCTION:

This Act called the Factories Act, 1934.
 It extends to the whole of Pakistan.
 It shall come into force on the 1st day of January 1935.

Definitions

In this Act, unless there is anything repugnant in the subject.

Adolescent: means a person who has completed his fifteenth but has not completed his seventeenth year ;

 Adult means a person who has completed his seventeenth year ;

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

Day: means a period of twenty-four hours beginning at mid-night;

Week: means a period of seven days beginning at mid-night on Saturday night;

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

Manufacturing Process: means any process -

(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;

Worker: means a person employed directly or through an agency whether for wages or not in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work whatsoever, incidental to or connected with the subject of the manufacturing process, but does not include any person solely employed in a clerical capacity in any room or place where no manufacturing process is being carried on ;

Factory: means any premises, including the precincts thereof, whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on or is ordinarily carried on with or without the aid of power, but does not include a mine, subject to the operation of the Mines Act, 1923 (IV of 1923) :

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

Occupier: of a factory means the person who has ultimate control over the affairs of the factory:
Provided that where the affairs of a factory are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory ;

(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

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

Reference to time of day: References to time of day in this Act are references — to Indian Standard Time, which is five and a half hours ahead of Greenwich Mean Time.
Provided that for any area in which Indian Standard Time is not ordinarily observed the Provincial Government may make rules —
(i) specifying the area,
(ii) defining the local mean time ordinarily observed therein, and
(iii) permitting such time to be observed in all or any of the factories situated in the area.

4. Seasonal factories. — (1) For the purposes of this Act, a factory which is exclusively engaged in one or more of the following manufacturing processes, namely, cotton ginning, cotton or jute pressing, the decortications of groundnuts, the manufacture of coffee, indigo, lace, 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.
(2) The Provincial Government may, by notification in the 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 de*pendent on the irregular action of natural forces, to be a seasonal factory for the purposes of this Act.

5. Power to apply provisions applicable to factories to certain other places. — (1) The Provincial Government may, by notification in 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 ten or more workers are working therein or have worked therein on any one day of the twelve months immediately preceding.
(2) A notification under sub-section (1) may be made in respect of any one such place or in respect of any class of such places or generally in respect of all such places.
(3) Notwithstanding anything contained in clause (j) of section 2, a place, to which all or any of the provisions of this Act applicable to factories are for the time being applicable in pursuance of a declaration under sub-section (1), shall, to the extent to which such provisions are so made applicable but not otherwise, be deemed to be a factory.

6. Power to declare departments to be separate factories. The Provincial Government may, by order in writing, direct that the different departments or branches of a specified factory shall be treated as separate factories for all or any of the purposes of this Act.

7. Power to exempt on a change in the factory. 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.

8. Power to exempt during public emergency. In any case of public emergency the Provincial Government may, by notification in the official Gazette, ; exempt any factory from any or all of the provisions of this Act for such period as it may think fit.

9. Notice to inspector before commencement of work. — (1) Before work is begun in any factory after the commencement of this Act, or before work is begun in any seasonal b factory each season, the occupier shall send to the Inspector a written notice containing —
(a) the name of the factory and its situation,
(b) the address to which communications relating to the factory should be sent,
(c) the nature of the manufacturing processes to be carried on in the factory,
(d) the nature and amount of the power to be used,
(e) the name of the person who shall be the manager of the factory for the purposes of this Act, End
(f) such other particulars as may be prescribed for the purposes of this Act.
(2) Whenever another person is appointed as manager, the occupier shall send to the Inspector a written notice of the change, within seven days from the date in which the new manager assumes charge.
(3) During any period for which no person has been designated as manager of a factory under this section, or during which the person designated does not manage the factory, any person found acting as manager, or, if no such person is found, the occupier himself, shall be deemed to be the manager of the factory for the purposes of this Act.

 Health Provision

13. Cleanliness. -

(1) Every factory shall be kept clean and free from effluvia arising from any 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 work-rooms and from staircases and disposed of in a suitable manner ;
• (b) the floor of every work-room 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 staircases shall –
• (i) where they are painted or varnished, be repainted or revarnished at least once in every five years ;
• (ii) where they arc 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 whitewashed 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 Government 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.

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 injury to health, and in particular -
• (i) the walls and roofs shall be 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 excessively high temperature, such adequate measures as are practicable shall be taken 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 position 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 reduced by such methods as whitewashing, 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 prescribe 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 conducted 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 therefrom 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 artificially increased, make rules -

• (a) prescribing standards of humidification ;
• (b) regulating the methods used for artificially increasing the humidity of the air ;
• (c) directing prescribed tests for determining the humidity of the air to be correctly carried out and recorded, and
• (d) Prescribing 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.

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 system.

(2) In every factory all glazed 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.

(3) In every factory effective 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 standards of sufficient and suitable lighting for factories or for any class or description of factories or for any manufacturing process.

20. Drinking Water. -

(1) In every factory effective arrangements shall be made to provide and maintain at suitable points 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 situated 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 made for cooling the drinking water during 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. Latrines 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 workroom 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;
• (e) the floors and internal walls of the latrines and urinals and the sanitary blocks shall, up to a height of three feet, be finished to provide a smooth polished impervious 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 provided 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 exceeding two rupees.

23. Precautions against contagious or infections disease. -

(1) Each worker in a factory shall be provided with a "Hygiene Card' in which during the month of January and July every year entries shall be recorded after examination by appointed factory doctor to the effect that the worker is not suffering from any contagious or infectious disease. The 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.

23-A. Compulsory vaccination and inoculation.-  Each worker in 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 for 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 generality of the foregoing power, such rules may provide for -

• (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 therefore;
• (d) representation of the workmen in the management of the canteens;
• (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

.

33-G. Protection of eyes.   - The Provincial Government may, in respect of any manufacturing process carried on in any factory, by rule 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- J. 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 building 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.

33-K. 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 is provided with a manhole of adequate size or other effective means of ingress.

(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 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, based 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 standing 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 apparatus 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 respiration.

(5) No person shall be permitted to enter in any factory, any boiler furnace, 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 ventilation or otherwise to be safe for persons to enter.

(6) The Provincial Government may make rules prescribing the maximum dimensions of the manholes 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. May be prescribed.

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 for 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 that 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 stability 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,
• (c) providing for the medical examination of persons employed or seeking 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.

(5) The Provincial Government may also make rules requiring the occupiers or managers of factories to maintain stores of First-Aid appliances and provide for their proper custody and use.

Posted in: FACTORY ACT 1934 PAKISTAN