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  "title": "Factories Act, 1934",
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  "text": "Page 1 of 44 \r\n \r\n \r\n \r\n   THE FACTORIES ACT, 1934 \r\n \r\n \r\n \r\n CONTENTS \r\nCHAPTER I  \r\n \r\nPRELIMINARY \r\n1.  Short title, extent and commencement \r\n2.  Definitions \r\n3.  References to time of day \r\n4.  Seasonal factories \r\n5.  Power to apply provisions applicable to factories to certain other places \r\n6.  Power to declare departments to be separate factories \r\n7.  Power to exempt on a change in the factory \r\n7A. Exemption from certain provisions of the Act \r\n8.  Power to exempt during public emergency \r\n9.  Notice to Inspector before commencement of work \r\nCHAPTER II  \r\n \r\nTHE INSPECTING STAFF \r\n \r\n10.  Inspectors \r\n11.  Powers of Inspector \r\n12.  Certifying surgeons \r\nCHAPTER III \r\n \r\nHEALTH AND SAFETY \r\n \r\n13.  Cleanliness \r\n14.  Disposal of wastes and effluents \r\n15.  Ventilation and temperature \r\n \r\n \r\n\r\n \r\nPage 2 of 44 \r\n \r\n16.  Dust and fume \r\n17.  Artificial humidification \r\n18.  Overcrowding \r\n19.  Lighting \r\n20.  Drinking water \r\n21.  Latrines and urinals \r\n22.  Spittoons \r\n23.  Precaution against contagious or infectious disease \r\n23A.  Compulsory vaccination and inoculation \r\n24.  Power to make rules for the provision of canteens \r\n24A.  Welfare Officer \r\n25.  Precautions in case of fire \r\n26.  Fencing of machinery \r\n27.  Work on or near machinery in motion \r\n28.  Employment of young persons on dangerous machines \r\n29.  Striking gear and devices for cutting off power \r\n30.  Self-acting machines \r\n31.  Casing of new machinery \r\n32.  Prohibition of employment of women and children near cotton openers \r\n33.  Cranes and other lifting machinery \r\n33A.  Hoists and lifts \r\n33B.  Revolving machinery \r\n33C.  Pressure plant \r\n33D. Floors, stairs and means of access \r\n33E.  Pits, sumps, opening in floors, etc. \r\n33F.  Excessive weights \r\n \r\nPage 3 of 44 \r\n \r\n33G.  Protection of eyes \r\n33H.  Powers to require specifications of defective parts or tests of stability \r\n33I.  Safety of building, machinery and manufacturing process \r\n33J.  Power to make rules to supplement this Chapter \r\n33K.  Precautions against dangerous fumes \r\n33L.  Explosive or inflammable dust, gas, etc. \r\n33M. Power to exclude children \r\n33N.  Notice of certain accident \r\n33P.  Appeals \r\n33Q.  Additional power to make health and safety rules relating to shelters during rest \r\nCHAPTER IV  \r\n \r\nRESTRICTIONS ON WORKING HOURS OF ADULTS \r\n \r\n34.  Weekly hours \r\n35.  Weekly holiday \r\n35A. Compensatory holidays \r\n36.  Daily hours \r\n37.  Intervals for rest \r\n38.  Spread over \r\n39.  Notice of periods for Work for Adults and preparation thereof \r\n40.  Copy of Notice of Periods for Work to be sent to Inspector \r\n41.  Register of Adult Workers \r\n42.  Hours of work to correspond with Notice under section 39 and Register under section 41 \r\n43.  Power to make rules exempting from restrictions \r\n44.  Power to make orders exempting from restrictions \r\n45.  Further restrictions on the employment of women \r\n46.  Special provision for night-shifts \r\n47.  Extra pay for overtime \r\n \r\nPage 4 of 44 \r\n \r\n48.  Restriction on double employment \r\n49.  Control of overlapping shifts \r\nCHAPTER IVA \r\nHOLIDAYS WITH PAY \r\n \r\n49A.  Application of Chapter \r\n49B.  Annual holidays \r\n49C.  Pay during annual holidays \r\n49D.  Payment when to be made \r\n49E.  Power of Inspector to act for worker \r\n49F.  Power to make rules \r\n49G.  Exemption of factories from the provisions of this Chapter \r\n49H.  Casual leave and sick leave \r\n49I.  Festival holidays \r\nCHAPTER V  \r\n \r\nSPECIAL PROVISIONS FOR ADOLESCENTS AND CHILDREN \r\n \r\n50.  Prohibition of employment of young children \r\n51.  Non-adult workers to carry tokens giving reference to certificates of fitness \r\n52.  Certificates of fitness \r\n53.  Effect of certificate granted to adolescent \r\n54.  Restrictions on the working hours of a child \r\n55.  Notice of Periods for Work for Children \r\n56.  Register of Child Workers \r\n57.  Hours of work to correspond with Notice and Register \r\n58.  Power to require medical examination \r\n59.  Power to make rules \r\n59A.  Provisions to be in addition to Act XXVI of 1938 \r\n \r\n \r\n \r\nPage 5 of 44 \r\n \r\nCHAPTER VI  \r\n \r\nPENALTIES AND PROCEDURE \r\n60.  Penalty for contraventions of Act and rules \r\n61.  Enhanced penalty in certain cases after previous conviction \r\n62.  Penalty for failure to give notice of commencement of work or of change of manager \r\n63.  Penalty for obstructing Inspector \r\n64.  Penalty for failure to give notice of accidents \r\n65.  Penalty for failure to make returns \r\n66.  Penalty for smoking or using naked light in vicinity of inflammable material \r\n67.  Penalty for using false certificate \r\n68. Penalty on guardian for permitting double employment of a child \r\n69.  Penalty for failure to display certain notices \r\n70  Determination of “occupier” for purposes of this Chapter \r\n71.  Exemption of occupier or manager from liability in certain cases \r\n72.  Presumption as to employment \r\n73.  Evidence as to age \r\n74.  Cognizance of offences \r\n75.  Limitation of prosecutions \r\nCHAPTER VII \r\nSUPPLEMENTAL \r\n \r\n76  Display of factory notices \r\n77.  Power of Provincial Government to make rules \r\n78.  [Repealed.] \r\n79.  Publication of rules \r\n80.  Application to Government factories \r\n81. Protection to persons acting under this Act \r\n82. [Repealed.] \r\n[Repealed.] \r\n \r\nPage 6 of 44 \r\n \r\nTHE FACTORIES ACT, 1934 \r\n1ACT NO. XXV OF 1934 \r\n[20th August, 1934] \r\nAn Act to consolidate and amend the law regulating labour in factories. \r\nWHEREAS it is expedient to consolidate and amend the law regulating labour in factories ;  \r\nIt is hereby enacted as follows :___ \r\nCHAPTER I  \r\n \r\nPRELIMINARY \r\n1. Short title, extent and commencement .___(1) This Act may be called  the Factories Act, \r\n1934. \r\n2[(2) It extends to the whole of Pakistan.] \r\n(3) It shall come into force on the 1st day of January, 1935. \r\n2. Definitions.___In this Act, unless there is anything repugnant in the subject or context,___ \r\n(a)    “adolescent” means a person who has completed his fifteenth but has not \r\ncompleted his seventeenth year ;  \r\n(b)  “adult” means a person who has completed his seventeenth year ;  \r\n(c)  “child” means a person who has not completed his fifteenth year ;  \r\n(d)  “day” means a period of twenty-four hours beginning at midnight ;  \r\n(e)         “week” means a period of seven days beginning at midnight on Saturday night ;  \r\n(f)  “power” means electric al energy, and any other form of energy which is \r\nmechanically transmitted and is not generated by human or animal agency ;  \r\n \r\n1The 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 ., subject to certain \r\nmodifications, 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.) \r\nother than Phulera with effect from such date and subject to such modifications as may be notified, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws \r\nRegulation, 1950. \r\nThe 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-\r\nWest Frontier Province Amdt.) Act, 1940 (N.W.F.P.7 of 1947), \r\nThis Act has been extended to the___ \r\n(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 \r\nGazette of India, 1937, Pt.I, p.1499;  \r\n(ii) Baluchistan States Union, see the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G.G.O.4 of 1953), as amended;  \r\n(iii) Khairpur State, see G.G.O.5 of 1953, as amended; and  \r\n(iv) State of Bahawalpur by the Bahawalpur (Extension of Federal Laws) Order, 1953 (G.G.O.11 of 1953), as amended. \r\nThe Act has been and shall be deemed to have been brought into force in Gwadur , (w. e. f. the 18th September, 1958), by the Gwadur (Application of \r\nCentral Laws) Ordinance, 1960 (37 of 1960),s.2 \r\nThe Act has been applied to the Provincially Administrated Tribal Areas or to the parts or those areas to which it does not already, apply see Regulation \r\nNo. I of 1972, s.2 and Sch. \r\n2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s.3 and Sch. 2., (w. e. f. the 14th October, 1955). \r\n \r\n \r\nPage 7 of 44 \r\n \r\n(g)  “manufacturing process” means any process___ \r\n(i)  for making, altering, repairing, ornamenting, finishing or packing, or \r\notherwise treating any article or substance with a view to its use, sale, \r\ntransport, delivery or disposal, or  \r\n(ii)  for pumping oil, water or sewage, or  \r\n(iii)  for generating, transforming or transmitting power ;  \r\n(h)  “worker” means a person employed  1[directly or through an agency] , whether \r\nfor wages or not, in any manufacturing process, or in cleaning any part of the \r\nmachinery or premises used for a manufactur ing process, or in any other kind \r\nof work whatsoever incidental to or connected with the manufacturing process \r\nor connected with the subject of the manufacturing process, but does not include \r\nany person solely employed in a clerical capacity in any room or  place where \r\nno manufacturing process is being carried on ;  \r\n(j)  “factory” means any premises including the precincts thereof whereon 1[ten] or \r\nmore workers are working, or were working on any day of the preceding twelve \r\nmonths, and in any part of which a  manufacturing process is being carried on \r\n1[or is ordinarily carried on whether with or without the aid of power] ; \r\n but does not include a mine subject to the operation of the Mines Act, 1923 (IV of \r\n1923).  \r\n(k)  “machinery” includes all plant whereby power is generated, transformed, \r\ntransmitted or applied ; \r\n(l)  “occupier” of a factory means the person who has ultimate  control over the \r\naffairs of the factory : \r\nProvided that where the affairs of a factory are entrusted to a managing agent, such \r\nagent shall be deemed to be the occupier of the factory ; \r\n(m)  where work of the same kind is carried out by two or more sets of  workers \r\nworking during different periods of the day, each of such sets is called a “relay”, \r\nand the period or periods for which it works is called a “shift”; and  \r\n(n)  “prescribed” means prescribed by rules made by the 2[Provincial Government] \r\nunder this Act. \r\n \r\n \r\n \r\n1Ins. and subs. by Act No. XVI of 1973, s. 2.  \r\n2Subs. by A. O., 1937. \r\n \r\n \r\nPage 8 of 44 \r\n \r\n3. References to time of day.___References to time of day in this Act are references___1[* * *] \r\n2[* *], to 3[*] Standard Time, which is five 3[* * *] hours ahead of Greenwich Mean Time, 1[*] \r\n2[*  *  *  *  *  *  *] \r\nProvided that for any area 1[* * *] in which 3[*] Standard Time is not ordinarily observed the \r\n2[Provincial Government] may make rules___ \r\n(i)  specifying the area,  \r\n(ii)  defining the local mean time ordinarily observed therein, and  \r\n(iii)  permitting such time to be observed in all or any of the factories situated in the \r\narea. \r\n4. Seasonal factories.___(1) For the purposes of this Act, a factory which is exclusively engaged \r\nin one or more of the following manufacturing processes, namely, cotton ginning, cotton or jute \r\npressing, the decortication  of groundnuts, the manufacture of coffee, indigo, lac, rubber, sugar \r\n(including gur) or tea, or any manufacturing process which is incidental to or connected with any of \r\nthe aforesaid processes, is a seasonal factory :  \r\nProvided that the  2[Provincial Government] may, by notification in the 2[official Gazette], \r\ndeclare any such factory in which manufacturing processes are ordinarily carried on for more than one \r\nhundred and eighty working days in the year, not to be a seasonal factory for the purposes of this Act.  \r\n(2) The 2[Provincial Government] may, by notification in the 2[official Gazette], declare any \r\nspecified factory in which manufacturing processes are ordinarily carried on for not more than one \r\nhundred and eighty working days in the year and cannot be carried on except during particular seasons \r\nor at times dependent on the irregular action of natural forces, to be a seasonal factory for the purposes \r\nof this Act. \r\n4[5. Power to apply provisions applicable to factories to certain other places .___(1) The \r\nProvincial Government may, by notification in the official Gazette, declare that all or any of the \r\nprovisions of this Act applicable to factories shall apply to any place wherein a manufacturing process \r\nis being carried on or is ordinarily carried on whether with or without the use of power whenever \r\n3[five] or more workers are working therein or have worked therein any one day of the twelve months \r\nimmediately preceding.  \r\n \r\n \r\n \r\n \r\n1Omitted by A. O., 1949, (w. e. f. 28th March, 1949).  \r\n2Omitted and subs.  by A. O., 1937.  \r\n3Omitted and subs. by Act No. XVI of 1973, ss. 3 and 4. \r\n4Subs. by Act No. XVI of 1941, s. 2. \r\n \r\n \r\nPage 9 of 44 \r\n \r\n (2) A notification under sub-section (1) may be made in respect of any one such place or in \r\nrespect of any class of such places or generally in respect of all such places.  \r\n(3) Notwithstanding anything contained in clause (j) of section 2, a place , to which all or any \r\nof the provisions of this Act applicable to factories are for the time being applicable in pursuance of a \r\ndeclaration under sub-section (1), shall, to the extent to which such provisions are so made applicable \r\nbut not otherwise, be deemed to be a factory.] \r\n6. Power to declare departments to be separate factories .___The 1[Provincial Government] \r\nmay, by order in writing, direct that the different departments or branches of a specified factory shall \r\nbe treated as separate factories for all or any of the purposes of this Act.  \r\n7. Power to exempt on a change in the factory .___Where the 1[Provincial Government] is \r\nsatisfied that, following upon a change of occupier of a factory or in the manufacturing process carried \r\non therein, the number of workers for the time being working in the factory is less than twenty and is \r\nnot likely to be twenty or more on any day during the ensuing twelve months, it may, by order in \r\nwriting, exempt such factory from the operation of this Act : \r\nProvided that any exemption so granted shall cease to have effect on and after any day on which \r\ntwenty or more workers work in the factory. \r\n2[7A. Exemption from certain provisions of the Act. ___The provisions of section 14, clause \r\n(b) of sub-section (1) of section 15 , sections 16, 17, 18, 21, 22, 23, 25 and sub -section (3) of section \r\n33Q shall not apply in the first instance to any factory wherein not more than nineteen workers are \r\nworking or were working on any one day of the twelve months immediately preceding : \r\nProvided that the Provincial Government may, by notification in the official Gazette, apply all \r\nor any of the said provisions to any such factory or class of such factories.]  \r\n8. Power to exempt during public emergency .___In any case of public emergency the \r\n1[Provincial Government] may, by notification in the 1[official Gazette], exempt any factory from any \r\nor all of the provisions of this Act for such period as 1[it] may think fit.  \r\n9. Notice to Inspector before commencement of work .___(1) Before work is begun in any \r\nfactory after the commencement of this Act, or before work is begun in any seasonal factory each \r\nseason, the occupier shall send to the Inspector a written notice containing___ \r\n(a)  the name of the factory and its situation,  \r\n(b)  the address to which communications relating to the factory should be sent,  \r\n(c)  the nature of the manufacturing processes to be carried on in the factory,  \r\n(d)  the nature and amount of the power to be used, 3[*]  \r\n \r\n \r\n1Subs.by A. O., 1937.  \r\n2Ins by Act No. XVI of 1973, s. 5.  \r\n3Omitted by Act No. XIV of 1944, s. 2.  \r\n \r\nPage 10 of 44 \r\n \r\n(e)  the name of the person who shall be the manager of the factory for the purposes \r\nof this Act, 1[and  \r\n(f)  such other particulars as may be prescribed for the purposes of this Act]. \r\n2[(1A) In respect of all factories which come within the scope of this Act for the first time on \r\nthe commencement of the Factories (Amendment) Ordinance, 1972 (XLII of 1972), the occupier shall \r\nsend a written notice to the Inspector containing particulars specified in sub -section (1) within thirty \r\ndays of such commencement.]  \r\n(2) Whenever another person is appointed as manager, the occupier shall send to the Inspector \r\na written notice of the chan ge, within seven days from the date in which the new manager assumes \r\ncharge.  \r\n(3) During any period for which no person has been designated as manager of a factory under \r\nthis section, or during which the person designated does not manage the factory, any person found \r\nacting as manager, or, if no such person is found, the occupier himself, shall be deemed to be the \r\nmanager of the factory for the purposes of this Act. \r\n________ \r\nCHAPTER II \r\nTHE INSPECTING STAFF \r\n10. Inspectors .___(1) T he 3[Provincial Government] may, by notification in the 3[official \r\nGazette], appoint such persons as it thinks fit to be Inspectors for the purposes of this Act within such \r\nlocal limits as it may assign to them respectively.  \r\n(2) The 3[Provincial Government] may, by notification as aforesaid, appoint any person to be a \r\nChief Inspector, who shall, in addition to the powers con ferred on a Chief Inspector under this Act, \r\nexercise the powers of an Inspector throughout the Province.  \r\n(3) No person shall be appointed to be an Inspector under sub-section (1) or a Chief Inspector \r\nunder sub-section (2) or, having been so appointed, sha ll continue to hold office, who is or becomes \r\ndirectly or indirectly interested in a factory or in any process or business carried on therein or in any \r\npatent or machinery connected therewith.  \r\n(4) Every District Magistrate shall be an Inspector for his district.  \r\n(5) The 3[Provincial Government] may also, by notification as aforesaid, appoint such public \r\nofficers as it thinks fit to be additional Inspectors for all or any of the purposes of this Act, within such \r\nlocal limits as it may assign to them respectively.  \r\n(6) In any area where there are more Inspectors than one, the 3[Provincial Government] may, \r\nby notification as aforesaid, declare the powers which such Inspectors shall respectively exercise, and \r\nthe Inspectors to whom the prescribed notices are to be sent.  \r\n \r\n1Added by Act No. XIV of 1944, s. 2.  \r\n2Ins. by Act No. XVI of 1973, s. 6. \r\n3Subs by A. O., 1937. \r\n \r\n \r\nPage 11 of 44 \r\n \r\n(7) Every Chief Inspector and Inspector shall be deemed to be a public servant within the \r\nmeaning of the Pakistan Penal Code (XLV of 1860) and shall be officially sub -ordinate to such \r\nauthority as the 1[Provincial Government] may specify in this behalf. \r\n11. Powers of Inspector.___Subject to any rules made by the 1[Provincial Government] in this \r\nbehalf, an Inspector may, within the local limits for which he is appointed,___  \r\n(a)  enter, with such assistants (if any), being persons 2[in the service of the state] or \r\nof any municipal or other public authority, as he thinks fit, any place which is , \r\nor which he has reason to believe to be, used a s a factory or capable of being \r\ndeclared to be a factory under the provisions of section 5 ; \r\n(b)  make such examination of the premises and plant and of any prescribed \r\nregisters, and take on the spot or otherwise such evidence of any persons as he \r\nmay deem necessary for carrying out the purposes of this Act ; and  \r\n(c)  exercise such other powers as may be necessary for carrying out the purposes \r\nof this Act : \r\nProvided that no one shall be required under this section to answer any question or give any \r\nevidence tending to criminate himself. \r\n  12. Certifying surgeons .___(1) The 1[Provincial Government] may appoint such registered \r\nmedical practitioners as it thinks fit to be certifying surgeons for the purposes of this Act within such \r\nlocal limits as it may assign to them respectively.  \r\n(2) A certifying surgeon may authorise any registered medical practitioner to exercise any of \r\nhis powers under this Act:  \r\nProvided that a certificate of fitness for employment granted by such authorised practitioner \r\nshall be valid for a period of three months only, unless it is confirmed by the certifying surgeon himself \r\nafter examination of the person concerned. \r\nExplanation.___In this section a “registered medical practitioner” means any person registered \r\n3[* * *] under any Act of 4[the 5[Federal] Legislature or any Provincial Legislature] (21 & 22 Vict., c \r\n90.)] providing for the maintenance of a register of medical practitioners, and includes, in any area \r\nwhere no such registe r is maintained, any person declared by the 1[Provincial Government], by \r\nnotification in the 6[official Gazette], to be a registered medical practitioner for the purposes of this \r\nsection. \r\n \r\n \r\n1Subs. by A. O., 1937. \r\n2Subs. by A. O., 1961, Art 2 and Sch. (w. e. f. 23 March 1956). \r\n3Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), s. 3 and Sch., 2.  \r\n4Subs. by A.O., 1949 (w.e.f. 28th March, 1949). \r\n5Subs. by the Federal Adaptation of Laws Order, 1975 (President’s Order No. 4 of 1975), Art. 2 and Table (w.e.f. 28th July 1975). \r\n6Subs. by A.O., 1937 (w.e.f. 1st April, 1937). \r\n \r\n \r\n \r\nPage 12 of 44 \r\n \r\n1[CHAPTER III \r\n \r\nHEALTH AND SAFETY \r\n13. Cleanliness.___(1) Every factory shall be kept clean and free from effluvia arising from and \r\ndrain, privy or other nuisance, and in particular,__ \r\n(a)  accumulation of dirt and refuse shall be removed daily by sweeping or by any \r\nother effective method from the floors and benches of workrooms and from \r\nstair-cases and passages and disposed of in a suitable manner ;  \r\n(b)  the floor of every workroom shall be cleaned at least once in every week by washing, \r\nusing disinfectant where necessary or by some other effective method ;  \r\n(c)  where the floor is liable to become wet in the course of any manufacturing \r\nprocess to such extent as is capable of being drained, effective means of \r\ndrainage shall be provided and maintained ;  \r\n(d)  all inside walls and partitions, all ceilings, or tops, of rooms, and walls,  sides \r\nand tops or passages and stair-cases shall___ \r\n(i)  where they are painted or varnished, be repainted or revarnished at least \r\nonce in every five years ;  \r\n(ii)  where they a re painted or varnished and have  smooth impervious \r\nsurfaces, be cleaned at least once in every fourteen months, by such \r\nmethods as may be prescribed ;  \r\n(iii)  in any other case, kept white washed or colour washed and the \r\nwhitewashing or colour washing shall be carried out at least once in  \r\nevery fourteen months ; and \r\n (e)  the dates on which the processes required by clause (d) are carried out \r\n shall be entered in the prescribed register. \r\n(2) If, in view of the nature of the operations carried on in a factory it is not possible for the \r\noccupier to comply with all or any of the provisions of sub -section (1), the Provincial Government \r\nmay, by an order, exempt such factory or class or description of factories from any of the provisions \r\nof that sub-section and specify alternative methods for keeping the factory in a clean state. \r\n14. Disposal of wastes and effluents .___(1) Effective arrangements shall be made in every \r\nfactory for the disposal of wastes and effluents due to the manufacturing process carried on therein.  \r\n(2) The Provincial Government may make rules prescribing the arrangements to be made under \r\nsub-section (1) or requiring that the arrangements made in accordance with that sub -section shall be \r\nsubject to the approval of such authority as may be prescribed. \r\n \r\n1Subs. by the Labour Laws (Amdt.) Ordinance, 1972 (Ordinance No. IX of 1972), s. 2, Sch. 1 and 4. (w. e. f. 13th April 1972). \r\n  \r\n \r\nPage 13 of 44 \r\n \r\n15. Ventilation and temperature .___(1) Effective and suitable provisions shall be made in \r\nevery factory for securing and maintaining in every work-room___ \r\n(a)  adequate ventilation by the circulation of fresh air, and  \r\n(b)  such temperature as will secure to workers therein reasonable conditions of \r\ncomfort and prevent injury to health, and in particular___  \r\n(i)  the walls and roofs shall b e of such material and so designed that such \r\ntemperature shall not be exceeded but kept as low as practicable ;  \r\n(ii)  where the nature of the work carried on in the factory involves, or is \r\nlikely to involve, the production of excess ively high temperature, such \r\nadequate measures as are practicable, shall be tak en to protect the \r\nworkers there from by separating the process which produces such \r\ntemperature from the work-room by insulating the hot parts or by other \r\neffective means. \r\n(2) The  Provincial Government may prescribe a standard of adequate ventilation and \r\nreasonable temperature for any factory or class or description of factories or parts thereof and direct \r\nthat a thermometer shall be provided and maintained in such place and position as may be specified.  \r\n(3) If it appears to the Provincial Government that in any factory or class or description of \r\nfactories excessively high temperature can be reduced by such methods as whitewashing, spraying or \r\ninsulating and screening outside walls or roofs or windows, or by raising the level of the roof, or by \r\ninsulating the roof either by an air space and double roof or by the use of insulating roof materials, or \r\nby other methods, it may prescribe such of these or other methods to be adopted in the factory.  \r\n16. Dust and fume .___(1) In every factory in which, by reason of the manufacturing process \r\ncarried on, there is given off any dust or fume or other impurity of such a nature and to such an extent \r\nas is likely to be injurious or offensive to the workers employed therein, effective measures shall be \r\ntaken to prevent its accumulation in any work-room and its inhalation by workers, and if any exhaust \r\nappliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of \r\nthe dust, fume or other impurity, and such point shall be enclosed so far as possible. \r\n(2) In any factory no stationary internal combustion engine shall be operated unless the exhaust \r\nis conducted into open air and exhaust pipes are insulated to prevent scalding and radiation heat, and \r\nno internal combustion engine shall be operated in any room unless , effective measures have been \r\ntaken to prevent , such accumulation of fumes ther efrom as are likely to be injurious to the workers \r\nemployed in the work-room. \r\n17. Artificial humidification.___(1) The Provincial Government may, in respect of all factories \r\nin which humidity of the air is artificially increased, make rules___ \r\n(a)  prescribing standards of humidification ;  \r\n(b)  regulating the methods used for artificially increasing the humidity of the air ;  \r\n(c)  directing prescribed test for determining the humidity of the air to be correctly \r\ncarried out and recorded ; and  \r\n \r\nPage 14 of 44 \r\n \r\n(d)  Prescribing methods to be adopted for securing adequate ventilation and \r\ncooling of the air in the work-rooms. \r\n(2) In any factory in which the humidity of the air is artificially increased, the water used for \r\nthe purpose shall be taken from a public supply, or other source of drinking water, or shall be effectively \r\npurified before it is so used.  \r\n(3) If it appears to an Inspector that the water used in a factory for increasing humidity which \r\nis required to be effectively purified under sub-section (2) is not effectively purified, he may serve on \r\nthe Manager of the factory an order in writing specifying the measures which, in his opinion, should \r\nbe adopted, and requiring them to be carried out before a specified date. \r\n18. Overcrowding .___(1) No work -room in any factory shall be overcrowded to an extent \r\ninjurious to the health of the workers employed therein.  \r\n(2) Without prejudice to the generality of the provisions of sub -section (1) there shall be \r\nprovided for every worker employed in a work-room___  \r\n(a)  at least three hundred and fif ty cubic feet of space in the ca se of a factory in \r\nexistence on the date of the commencement of the Labour Laws (Amendment) \r\nOrdinance, 1972 ; and  \r\n(b)  at least five hundred cubic feet of space in the case o f a factory built after the \r\ncommencement of the Labour Laws (Amendment) Ordinance, 1972.  \r\nExplanation.___For the purpose of this sub-section no account shall be taken of a space which \r\nis more than fourteen feet above the level of the floor of the room.  \r\n(3) If the Chief Inspector by order in writing so requires, there shall be posted in each work -\r\nroom of a factory a notice specifying the maximum number of workers who may in compliance with \r\nthe provisions of this section be employed in the room. \r\n(4) The Chief Inspector may, by order in writing, exempt, subject to such conditions as he may \r\nthink fit to impose, any work-room from the provisions of this section if he is satisfied that compliance \r\ntherewith in respect of such room is not necessary for the purp ose of health of the workers employed \r\ntherein. \r\n19. Lighting.___(1) In every part of a factory where workers are working or passing, there shall \r\nbe provided and maintained___ \r\n(a)  sufficient and suitable lighting, natural or artificial, or both ; and  \r\n(b)  emergency lighting of special points in work -room and passages to function \r\nautomatically in case of a failure of the ordinary electric supply system. \r\n(2) In every factory all glazed windows and sky-lights used for the lighting of the work -room \r\nshall be kept clean on both the outer and inner surfaces and free from obstruction as far as possible \r\nunder the rules framed under sub-section (3) of section 15.  \r\n \r\nPage 15 of 44 \r\n \r\n(3) In every factory effecti ve provisions shall, so far as is practicable, be made for the \r\nprevention of___ \r\n(a)  glare either directly from any source of light or by reflection from a smooth or \r\npolished surface ; and  \r\n(b)  the formation of shadows to such an extent as to cause eye strain or risk of \r\naccident to any worker. \r\n(4) The Provincial Government may prescribe standards of sufficient and suitable lighting for \r\nfactories or for any class or description of factories or for any manufacturing process. \r\n20. Drinking water.___(1) In every factory effective arrangement shall be made to provide and \r\nmaintain at suitable points conveniently situated for all workers employed therein a sufficient supply \r\nof whole-some drinking water.  \r\n(2) All such points shall be legibly marked “Drinking Water” in a language understood by the \r\nmajority of the workers and no such point shall be si tuated within twenty feet of any washing place, \r\nurinal or latrine, unless a shorter distance is approved in writing by the Chief Inspector.  \r\n(3) In every factory wherein more than two hundred and fifty workers are ordinarily employed, \r\nprovision shall be made for cooling the drinking water during the hot weather by effective means and \r\nfor distribution thereof and arrangements shall also be made for___ \r\n(a)  the daily renewal of water if not laid on ; and  \r\n(b)  a sufficient number of cups or other drinking vessels, unless the water is being \r\ndelivered in an upward jet. \r\n(4) The Provincial Government may, in respect of all factories or any class or description of \r\nfactories, make rules for securing compliance with the provisions of this section. \r\n21. Latrines and urinals.___(1) In every factory___  \r\n(a)  sufficient latrines and urinals of prescribed types shall be provided conveniently \r\nsituated and accessible to workers at all times while they are in the factory ;  \r\n(b)  enclosed latrines and urinals shall be provided separately for male and female \r\nworkers ;  \r\n(c)  such latrines and urinals shall be adequately lighted and ventilated and no latrine \r\nand urinal shall, unless specially exempted in writing by the Chief Inspector, \r\ncommunicate with any work-room except through an intervening open space or \r\nventilated passage ;  \r\n(d)  all such latrines and urinals shall be maintained in a clean and sanitary condition \r\nat all times with suitable detergents or disinfectants or with both ;  \r\n \r\nPage 16 of 44 \r\n \r\n(e)  the floors and internal walls of the latrines and urinals and the sanitary bloc ks \r\nshall, up to a height of three feet, be finished to provide a smooth polished \r\nimperious surface ; and  \r\n(f)  washing facilities shall be provided near every sanitary convenience. \r\n(2) The Provincial Government may prescribe the number of latrines and urinals to be provided \r\nin any factory in proportion to the number of male and female workers ordinarily employed therein \r\nand such further matters in respect of sanitation in the factories as it may deem fit. \r\n22. Spittoons.___(1) In every factory there shall be provided, at convenient places, a sufficient \r\nnumber of spittoons which shall be maintained in a clean and hygienic condition.  \r\n(2) The Provincial Government may make rules prescribing the type and the number of \r\nspittoons to be provided and their location in any factory and such further matters as may be deemed \r\nnecessary relating to their maintenance in a clean and hygienic condition.  \r\n(3) No person shall spit within the premises of a factory except in the spittoons provid ed for \r\nthe purpose. A notice containing this provision and the penalty for its violation shall be prominently \r\ndisplayed at suitable places in the premises.  \r\n(4) Whosoever spits in contravention of sub -section (3) shall be punishable with a fine not \r\nexceeding two rupees. \r\n23. Precaution against contagious or infectious disease.___(1) Each worker in a factory shall \r\nbe provided with a 'Hygiene Card' in which during the 1[months of January and July every year entries] \r\nshall be recorded after examination by appoi nted factory doctor to the effect that the worker is not \r\nsuffering from any contagious or infectious disease. The fee of such an examination shall be fixed by \r\nthe Provincial Government and will be borne by the occupier or manager of the factory.  \r\n(2) If a  worker is found to be suffering from any contagious or infectious disease on an \r\nexamination under sub-section (1), he shall not be appointed on work till he is declared free of such a \r\ndisease. \r\n1[23A. Compulsory vaccination and inoculation .___Each worker i n a factory shall be \r\nvaccinated and inoculated against such diseases and at such intervals as may be prescribed. The \r\nexpenses, if any, of such vaccination and inoculation shall be borne by the occupier or manager of the \r\nfactory.]  \r\n24. Power to make rules f or provision of canteens .___(1) The Provincial Government may \r\nmake rules requiring that in any specified factory wherein more than two hundred and fifty workers \r\nare ordinarily employed, an adequate canteen shall be provided for the use of the workers.  \r\n(2) Without prejudice to the generality of the foregoing power, such rules may provide for___ \r\n \r\n \r\n \r\n1Subs. and ins. by Act No. XVI of 1973, ss. 7 and 8. \r\n \r\nPage 17 of 44 \r\n \r\n (a)  the date by which such canteen shall be provided ;  \r\n(b)  the standards in respect of construction, accommodation, furniture and other \r\nequipment of the canteen ;  \r\n(c)  the foodstuffs to be served therein and the charges which may be made, therefor ;  \r\n(d)  representation of the workmen in the management of the canteens ;  \r\n(e)  enabling, subject to such conditions, if any, as may be specified, the power to \r\nmake rules under clause (c) to be exercised also by the Chief Inspector. \r\n1[24A. Welfare Officer.___In every factory wherein not less than five hundred workers are \r\nordinarily employed, the occupier or manager shall employ such number of welfare Officers, having \r\nsuch qualifications, to perform such duties and on such terms and conditions as may be prescribed.] \r\n25. Precautions in case of fire .___(1) Every factory shall be provided with such means of \r\nescape in case of fire as may be prescribed. \r\n \r\n(2) If it appears to the Inspector that any factory is not provided with the means of escape \r\nprescribed under sub-section (1) , he may serve on the manager of the factory an order in writing \r\nspecifying the measures which, in his opinion, should be adopted before a date specified in the order.  \r\n(3) In every factory the doors affording exit from any room shall not be  locked or fastened so \r\nthat they can be easily and immediately opened from inside while any person is within the room, and \r\nall such doors, unless they are of the sliding type, shall be constructed to open outwards or where the \r\ndoor is between two rooms, in  the direction of the nearest exit from the building and such door shall \r\nnot be locked or obstructed while work is being carried on in the room and shall at all times be kept \r\nfree from any obstruction.  \r\n(4) In every factory every window, door, or other exit affording means of escape in case of fire, \r\nother than means of exit in ordinary use, shall be distinctively marked in a language understood by the \r\nmajority of the workers and in red letters of adequate size or by some other effective and clearly \r\nunderstood sign.  \r\n(5) In every factory there shall be provided effective and clearly audible means of giving \r\nwarning in case of fire to every person employed therein.  \r\n(6) A free passage-way giving access to each means of escape in case of fire shall be maintained \r\nfor the use of all workers in every room of the factory.  \r\n(7) In every factory wherein more than ten workers are ordinarily employed in any place above \r\nthe ground floor, or explosive or highly inflammable materials are used or stored, effective measures \r\nshall be taken to ensure that all the workers are familiar with the means of escape in case of fire and \r\nhave been adequately trained in the routine to be followed in such case.  \r\n(8) The Provincial Government may make rules prescribing in respect of any fact ory, or class \r\nor description of factories, the means of escape to be provided in case of fire and the nature and amount \r\nof fire fighting apparatus to be provided and maintained. \r\n \r\n1Ins. by Act No. XVI of 1973, s. 9. \r\n \r\nPage 18 of 44 \r\n \r\n26. Fencing of machinery.___(1) In every factory the following shall be securely fenced by the \r\nsafeguards of substantial construction which shall be kept in position while the parts of machinery \r\nrequired to be fenced are in motion or in use, namely___ \r\n \r\n(a)  every moving part of a prime mover, and every fly wheel connected to a prime \r\nmover ;  \r\n(b)  the headrace and tailrace of every water wheel and water turbine ;  \r\n(c)  any part of a stock-bar which protects beyond the head stock of a lathe ; and  \r\n(d)  unless they are in such position or of such construction as to be as safe to \r\nevery person employed in the factory as they would be if they were securely \r\nfenced___  \r\n(i)  every part of an electric generator, a motor or rotary convertor ;  \r\n(ii)  every part of transmission machinery ; and  \r\n(iii)  every dangerous part of any machinery : \r\nProvided that, in the case of dangerous parts of machinery that cannot be securely fenced by \r\nreason of the nature of operation, such fencing may be substituted by other adequate measures, such \r\nas___ \r\n(i)  devices automatically preventing the operation from coming into \r\ncontact with the dangerous parts ; and  \r\n(ii)  automatic stopping devices : \r\nProvided further that, for the purpose of determining whether any part of machinery is in such \r\nposition or is of such construction as to be safe as aforesaid, account shall not be taken of any occasion \r\nwhen it being necessary to make as examination of the machinery while it is in motion or, as a result \r\nof such examination, to carry out any mounting or shipping of belts, lubri cation or other adjusting \r\noperation while the machinery is in motion, such examination or operation is made or carried out in \r\naccordance with the provisions of section 27. \r\n(2) Without prejudice to any other provisions of this Act relating to the fencing of  machinery, \r\nevery set screw, belt and key on any revolving shaft, spindle wheel or pinion and all spur, worm and \r\nother toothed or friction gearing in motion with which such worker would otherwise be liable to come \r\ninto contact, shall be securely fenced to prevent such contact.  \r\n(3) The Provincial Government may exempt, subject to such conditions as may be imposed, \r\nfor securing the safety of the workers, any particular machinery or part from the provisions of this \r\nsection.  \r\n(4) The Provincial Government may, by rules, prescribe su ch further precautions as it may \r\nconsider necessary in respect of any particular machinery or part thereof. \r\n27. Work on or near machinery in motion.___(1) Where in any factory it becomes necessary \r\nto examine any part of machinery referred to in section 26 while the machinery is in motion, or as a \r\n \r\nPage 19 of 44 \r\n \r\nresult of such examination, to carry out any mounting or shipping of belts, lubrication or other adjusting \r\noperation while the machinery is in motion, such examination or operation shall be made or carried \r\nout only by a specially trained adult male worker wearing tight fitting clothing whose name has been \r\nrecorded in the register prescribed in this behalf and while he is so engaged, such worker shall not \r\nhandle a belt at a moving pulley unless the belt is less than six inches in width and unless the belt joint \r\nis either laced or flush with the belt. \r\n(2) No woman or child shall be allowed in any factory to clean, lubricate or adjust any part of \r\nmachinery while that part is in motion, or to work between moving parts or between fixed and moving \r\nparts of any machinery which is in motion.  \r\n(3) The Provincial Government may, by notification in the official Gazette, prohibit, in any \r\nspecified factory or class or description of factories, the cleaning , lubricating or adjusting by any \r\nperson, of specified parts of machinery when those parts are in motion. \r\n28. Employment of young persons on dangerous machines .___(1) No 1[child or adolescent] \r\nshall work at any machine unless he has been fully instructed as  to the dangers arising in connection \r\nwith the machine and the precautions to be observed and___ \r\n(a)  has received sufficient training in work at the machine, or  \r\n(b)  is under adequate supervision by a person who has thorough knowledge and \r\nexperience of the machine. \r\n(2) This section shall apply to such machines as may be notified by the Provincial Government \r\nto be of such a dangerous character that 1[children or adolescents] ought not  to work at them unless \r\nthe foregoing requirements are complied with. \r\n29. Striking gear and devices for cutting off power.___(1) In every factory___ \r\n(a)  suitable striking gear or other efficient mechanical appliances shall be provided \r\nand maintained and used to move driving belts to and from fast and loose \r\npulleys which form part of the transmission machinery, and such gear or \r\nappliances shall be so constructed, placed and maintained as to prevent the belt \r\nfrom creeping back on the fast pulleys ;  \r\n(b)  driving belts when not in use shall not be allowed to re st or ride upon shafting \r\nin motion. \r\n(2) In every factory suitable devices for cutting off power in emergencies from running \r\nmachinery shall be provided and maintained in every work-room.  \r\n(3) In respect of factories in operation before the commencement of this Ordinance the \r\nprovisions of sub-section (2) shall apply only to work-rooms in which electricity is used for power. \r\n \r\n \r\n \r\n1Subs. by Act No. XVI of 1973, s. 10.  \r\n \r\n \r\nPage 20 of 44 \r\n \r\n30. Self-acting machines. ___No traversing part of a self-acting machine in any factory and no \r\nmaterial carried thereon shall, if the space over which it runs is a space over which any person is liable \r\nto pass whether in the course of his employment or otherwise be allowed to run on it outward or inward \r\ntraverse within a distance of eighteen inches from any fixed structure which is not part of the machine : \r\n \r\nProvided that the Chief Inspector may permit the continued use of a machine installed before \r\nthe commencement of the Labour Laws (Amendment) Ordinance, 1972, which does not comply with \r\nthe requirements of this section on such conditions for ensuring safety as he may think fit to impose. \r\n31. Casing of new machinery .___(1) In all machinery driven by power and installed in any \r\nfactory after the commencement of the Labour Laws (Amendment) Ordinance, 1972___ \r\n(a)  every set screw, belt or key on any revolving shaft, spindle, wheel or pinion \r\nshall be so sunk, encased or otherwise effectively guarded as to prevent danger \r\n; and  \r\n(b)  all spur, worm and other toothed or friction gearing which does not require \r\nfrequent adjustment while in motion shall be completely encased unless it is so \r\nsituated as to be as safe as it would be if it were completely encased. \r\n(2) Whoever sells or lets on hire or, as agent of a seller or hirer, caus es or procures to be sold \r\nor let on hire, for use in a factory any machinery driven by power which does not comply with the \r\nprovisions of sub-section (1), shall be punishable with imprisonment, for a term which may extend to \r\nthree months, or with fine which may extend to five hundred rupees, or with both.  \r\n(3) The Provincial Government may make rules specifying further safe -guards to be provided \r\nin respect of any other dangerous part of any particular machine or class or description of machines. \r\n32. Prohibition of employment of women and children near cotton openers. ___ No woman \r\nor child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work : \r\nProvided that if the feed end of a cotton opener is in a room separated from the delivery end by \r\na partition extending to the roof or to such height as the Inspector may in any particular case specify \r\nin writing, women and children may be employed on the side of the partition where the feed end is \r\nsituated. \r\n33. Cranes and other lifting machinery.___(1) The following provisions shall apply in respect \r\nof cranes and all other lifting machinery, other than hoists and lifts in any factory___  \r\n(a)  every part thereof, including the working gear, whether fixed or moveable, ropes \r\nand chains and anchoring and fixing appliances shall be___ \r\n(i)  of good construction, sound material and adequate strength ;  \r\n(ii)  properly maintained ;  \r\n(iii)  thoroughly examined by a competent person at least once in every \r\nperiod of twe lve months, and a register shall be kept containing the \r\nprescribed particulars of every such examination ; \r\n \r\nPage 21 of 44 \r\n \r\n(b)  no such machinery shall be loaded beyond the safe working load which shall be \r\nplainly marked thereon ;  \r\n(c)  while any person is employed or wor king on or near the wheel tract of a \r\ntravelling crane in any place where he would be liable to be struck by the crane \r\neffective measures shall be taken to ensure that the crane does not approach \r\nwithin twenty feet of that place or come into accidental contact with live \r\nelectrical lines ;  \r\n(d)  limit switches shall be provided to prevent over running ; and  \r\n(e)  jib cranes, permitting the raising or lowering of the jib shall be provided with \r\nan automatic safe load indicator or have attached to them a table indicating the \r\nsafe working load at corresponding inclinations of the jib. \r\n(2) The Provincial Government may make rules in respect of any lifting machinery or class or \r\ndescription of lifting machinery in factories___ \r\n(a)  prescribing requirements to be complied with in addition to those set out in this \r\nsection ; or  \r\n(b)  exempting from compliance with all or any of the requirements of this section, \r\nwhere in its opinion such compliance is unnecessary or impracticable. \r\n33A. Hoists and lifts.___(1) In every factory___ \r\n(a)  every hoist and lift shall be___ \r\n(i)        of good mechanical construction, sound material and adequate strength ;  \r\n(ii)       properly maintained, and shall be thoroughly examined by a competent \r\nperson authorised by the Chief Inspector in this behalf at least once in \r\nevery period of six months, and a register shall be kept containing the \r\nprescribed particulars of every such examination of which a copy shall \r\nbe forwarded to the Chief Inspector ;  \r\n(b)  every hoistway and liftway shall be sufficiently protected by an enclosure fitted \r\nwith gates, and the hoist or lift and every such enclosure shall be so constructed \r\nas to prevent any person or thing from being trapped between any part of the \r\nhoist or lift and any fixed structure or moving part ;  \r\n(c)  the maximum safe working load shall be pla inly marked on every hoist or lift, \r\nand no load greater than such load shall be carried thereon ;  \r\n(d)  the cage of every hoist or lift used for carrying persons shall be fitted with a gate \r\non each side from which access is afforded to a landing ; \r\n(e)  every gate referred to in clause (b) or clause (d) shall be fitted with interlocking \r\nor other efficient device to secure that the gate cannot be opened except when \r\n \r\nPage 22 of 44 \r\n \r\nthe cage is at the landing and that the cage cannot be moved unless the gate is \r\nclosed. \r\n(2) The following additional requirements shall apply to hoists and lift s used for carrying \r\npersons and installed or reconstructed in a factory after the commencement of the Lab our Laws \r\n(Amendment) 1972, namely :___ \r\n(a)  Where the cage is supported by rope or chain there shall be at least two ropes \r\nor chains separately connected with the cage and balance weight, and each rope \r\nor chain with its attachments shall be capable of carrying the whole weight of \r\nthe cage together with its maximum load ;  \r\n(b)  efficient devices shall be provided and maintained capable of supporting the \r\ncage together with its maximum load in the event of breakage of the ropes, \r\nchains or attachments ;  \r\n(c)  an efficient automatic device shall be provided and maintained to prevent the \r\ncage from over-running. \r\n(3) The Chief Inspector may permit the continued use of a hoist or lift installed in a factory \r\nbefore the commencement of this Ordinance which does not fully comply with the provisions of sub -\r\nsection (1) upon such conditions for ensuring safety as he may think fit to impose.  \r\n(4) The Provincial Government may, if, in respect of class or description of hoist or lift, it is of \r\nopinion that it would unreasonable to enforce any requirement of sub -sections (1) and (2), by order \r\ndirect that such requirements shall not apply to such class or description of hoist or lift. \r\n33B. Revolving machinery.___(1) In every room in a factory in which the process of grinding \r\nis carried on there shall be permanently affixed to, or placed near, each machine in us e a notice \r\nindicating the maximum safe working peripheral speed of every grind stone or abrasive wheel, the \r\nspeed of the shaft or spindle upon which the wheel is mounted and the diameter of the pully upon such \r\nshaft or spindle necessary to secure such safe working peripheral speed.  \r\n(2) The speeds indicated in the notice under sub-section (1) shall not be exceeded.  \r\n(3) Effective measures shall be taken in every factory to ensure that the safe working peripheral \r\nspeed of every revolving vessel, cage basket, flywheel, pulley disc or similar appliance driven by \r\npower is not exceeded. \r\n33C. Pressure plant .___(1) If in any factory any part of the plant or machinery used in a \r\nmanufacturing process is operated at a pressure above atmospheric pressure, effect ive measures shall \r\nbe taken to ensure that safe working pressure of such part is not exceeded.  \r\n \r\n \r\n \r\nPage 23 of 44 \r\n \r\n (2) The Provincial Government may make rules providing for the examination and testing of \r\nany plant or machinery such as is referred to in sub -section (1) a nd prescribing such other safety \r\nmeasures in relation thereto as may, in its opinion, be necessary in any factory or class or description \r\nof factories. \r\n 33D. Floors, stairs and means of access.___In every factory___ \r\n(a)  all floors, stairs, passages and gangways shall be of sound construction and \r\nproperly maintained and where it is necessary to ensure safety, steps, stairs,  \r\nladders, passages and gangways shall be provided with substantial handrails ;  \r\n(b)  there shall so far as is reasonably practicable be provided and maintained safe \r\nmeans of access to every place at which any person is at any time required to \r\nwork ;  \r\n(c)  all places of work from which a worker may be liable to fall a distance \r\nexceeding three feet and six inches shall be  provided with fencing or there \r\nsuitable safeguards ; and  \r\n(d)  adequate provision shall be made for the drainage of floors in wet processes and \r\nfor the use of slatted stands and platforms. \r\n33E. Pits, sumps, opening, in floors, etc.___(1) In every factory, every fixed vessel, sump, tank \r\npit or opening in the ground or in  a floor which by reason of its depth, situation, construction or \r\ncontents, is or may be a source of danger, shall be either securely covered or securely fenced.  \r\n(2) The Provincial Government may, by order in writing, exempt, subject to such conditions as \r\nmay be imposed, any factory or class or description of factories in respect of any vessel sump, tank pit \r\nor opening from compliance with the provisions of this section. \r\n33F. Excessive weights.___(1) No person shall be employed in any factory to lift, carry or move \r\nany load so heavy as to be likely to cause him injury.  \r\n(2) The Provincial Government may make rules prescribing the maximum weights which may \r\nbe lifted, carried or moved by adult men, adult women, adolescents and children employed in factories \r\nor in any class or description of factories or in carrying on any specified process. \r\n33G. Protection of eyes.___The Provincial Government may, in respect of any manufacturing \r\nprocess carried on in any factory, by rules require that effective screens or suitable goggles shall be \r\nprovided for the protection of persons employed on, or in the immediate vicinity of, a process which \r\ninvolves:___ \r\n(a)  risk of injury to the eyes from particles or fragments thrown off in the course \r\nof the process, or  \r\n(b)  risk to the eyes by reason of exposure to excessive light or heat. \r\n33. H. Powers to require specifications of defective parts or tests of stability.___If it appears \r\nto the Inspector that any building or part of a building, or any part of the ways, machinery or plant in \r\na factory, is in such a condition that it may be dangerous to human life or safety, he may serve on the \r\nManager of the factory an order in writing, requiring him before a specified date___ \r\n \r\nPage 24 of 44 \r\n \r\n(a)  to furnish such drawings, specifications and other particulars as may be \r\nnecessary to determine whether such building, ways, machinery or plant can be \r\nused with safety, or  \r\n(b)  to carry out such tests as may be necessary to determine the strength or quality \r\nof any specified parts and to inform the Inspector of the results thereof. \r\n33I. Safety of building, machinery and manufacturing process .___(1) If it appears to the \r\nInspector that any building o r part of a building or any part of the ways, machinery or plant or \r\nmanufacturing process in a factory is in such a condition that it is dangerous to human health or safety, \r\nhe may serve on the Manager of the factory an order in writing specifying the meas ures which, in his \r\nopinion, should be adopted, and requiring them to be carried out before a specified date.  \r\n(2) If it appears to the Chief Inspector that the requisitions made under sub -section (1) are not \r\nsatisfactorily fulfilled thereby involving exposure of workers to serious hazards, he may serve on the \r\nManager of the factory an order in writing, containing a statement of the grounds of his opinion, \r\nprohibiting until the danger is removed, the employment, in or about the factory or part thereof, of any \r\nperson whose employment is not in his opinion reasonably necessary for the purpose of removing the \r\ndanger.  \r\n(3) If it appears to the Inspector that the use of any building or part of a building or of any part \r\nof the ways, machinery or plant or manufactur ing process in a factory involves imminent danger to \r\nhuman health or safety he may serve on the Manager of the factory an order in writing prohibiting, \r\nuntil the danger is removed, the employment, in or about the factory or part thereof, of any person \r\nwhose employment is not in his opinion reasonably necessary for the purpose of removing the danger.  \r\n(4) Nothing in sub -section (2) or (3) shall be deemed to affect the continuance in the \r\nemployment of the factory of a person whose employment in or about the f actory or part thereof is \r\nprohibited under that sub-section. \r\n33J. Power to make rules to supplement this Chapter .___The Provincial Government  may \r\nmake rules requiring that___ \r\n(1) in any factory or in any class or description of factories, such further devices and measures \r\nfor securing the safety of the persons employed therein as it may deem necessary shall be adopted  ; \r\nand  \r\n(2) work on a manufacturing process carried on with the aid of power shall not be begun in any \r\nbuilding or part of a building erected or taken into use as a factory until a certificate of stability in the \r\nprescribed form and signed by a person possessing the prescribed qualifications has been sent to the \r\nChief Inspector. \r\n33K. Precautions against dangerous fumes.___(1) In any factory no person shall enter or be \r\npermitted to enter any chamber, tank, vat, pit, pipe, flue or other confined space in which dangerous \r\nfumes are likely to be present to such an extent as to involve risk of persons being overcome thereby, \r\nunless it is provided with a manhole of adequate size or other effective means of egress.  \r\n(2) No portable electric light of voltage exceeding twenty -four volts shall be permitted in any \r\nfactory for use inside any confined space such as is referred to in sub-section (1) and, where the fumes \r\n \r\nPage 25 of 44 \r\n \r\npresent are likely to be inflammable, a lamp or light other than of flame proof construction shall not \r\nbe permitted to be used in such confined space.  \r\n(3) No person in any factory shall enter or be permitted to enter any confined space such as is \r\nreferred to in sub-section (1) until all practicable measures have been taken to remove any fumes which \r\nmay be present and to prevent ingress of fumes and unless either— \r\n(a)  a certificate in writing has been given by a competent person, b ased on a test \r\ncarried out by himself, that the space is free from dangerous fumes and fit for \r\npersons to enter, or  \r\n(b)  the worker is wearing suitable breathing apparatus and a belt securely attached \r\nto a rope, the free end of which is held by a person standing outside the confined \r\nspace. \r\n(4) Suitable breathing apparatus, reviving apparatus and belts and ropes shall in every factory \r\nbe kept ready for instant use beside any such confined space as aforesaid which any person has entered, \r\nand all such apparatus shall be periodically examined and certified by a competent person to be fit for \r\nuse ; and a sufficient number of persons employed in every factory shall be trained and practiced in \r\nthe use of all such apparatus and in the method of restoring respiration.  \r\n(5) No person shall be permitted to enter in any factory, any boiler furence, boiler flue, chamber, \r\ntank, vat, pipe or other confined space for the purpose of working or making any examination therein \r\nuntil it has been sufficiently cooled by ventilation or otherwise to be safe for persons to enter. \r\n(6) The Provincial Government may make rules prescribing the maximum dimensions of the \r\nmainholes referred to in sub -section (1) and may, by order in writing, exempt, subject to such \r\nconditions as it may think fit to impose, any factory or class or description of factories from compliance \r\nwith any of the provisions of this section.  \r\n33L. Explosive or inflammable dust, gas, etc.___(1) Where in any factory any manufacturing \r\nprocess produces dust, gas, fume or vapour of such character and to such extent as to be likely to \r\nexplode on ignition, all practicable measures shall be taken to prevent any such explosion by___ \r\n(a)  effective enclosure of the plant or machinery used in the process ;  \r\n(b)  removal or prevention of the accumulation of such dust, gas, fume or vapour ;  \r\n(c)  exclusion or effective enclosure of all possible sources of ignition. \r\n(2) Where in any factory the plant or machinery used in a process such as is referred to in sub-\r\nsection (1) is not so constructed as to withstand the probable pressure which such an explosion as \r\naforesaid would produce, all practicable measures shall be taken to restrict the spread a nd effects of \r\nthe explosion by the provision in the plant or machinery of chokes, Baffles, vents or other effective \r\nappliances.  \r\n(3) Where any part of the plant or machinery in a factory contains any explosive or inflammable \r\ngas or vapour under pressure greater than atmospheric pressure, that part shall not be opened except in \r\naccordance with the following provisions, namely :___ \r\n \r\nPage 26 of 44 \r\n \r\n(a)  before the fastening of any joint of any pipe connected with the part of the \r\nfastening of the cover of any opening into the part is loosened. \r\n any flow of the gas or vapour into the part or any such pipe shall be effectively \r\nstopped by a stop-valve or other means ;  \r\n(b)  before any such fastening as aforesaid is removed, all practicable measures shall \r\nbe taken to reduce the  pressure of the gas or vapour in the part or pipe to \r\natmospheric pressure ;  \r\n(c)  where any such fastening as aforesaid has been loosened or removed, effective \r\nmeasures shall be taken to prevent any explosive or inflammable gas or vapour \r\nfrom entering the part or pipe until the fastening has been secured or, as the case \r\nmay be, securely replaced :  \r\nProvided that the provisions of this sub-section shall not apply in the case of plant or machinery \r\ninstalled in the open air. \r\n(4) No plant, tank or vessel which  contains or has contained any explosive or inflammable \r\nsubstance shall be subjected in any factory to any welding, brazing, soldering or cutting operation \r\nwhich involves the application of heat or to any drilling or other operation which is likely to crea te \r\nheat or sparks, unless adequate measures have first been taken to remove such substance and any fumes \r\narising therefrom or to render such substance and fumes non -explosive or non -inflammable, and no \r\nsuch substance shall be allowed to enter such plant, t ank or vessel after any such operation until the \r\nmetal has cooled sufficiently to prevent any risk of igniting the substance. \r\n(5) The Provincial Government may by rules ex empt, subject to such condition  as may be \r\nprescribed, any factory or class or descrip tion of factories from compliance with all or any of the \r\nprovisions of this section. \r\n33M. Power to exclude children .___(1) The Provincial Government may make rules \r\nprohibiting the admission to any specified class of factories, or to specified parts thereof, of children \r\nwho cannot be lawfully employed therein.  \r\n(2) If it appears to the Inspector that the presence in any factory or part of a factory of children \r\nwho cannot be lawfully employed therein may be dangerous to them or injurious to their health, he \r\nmay serve on the manager of the factory an order in writing directing him to prevent the admission of \r\nsuch children to the factory or any part of it. \r\n33N. Notice of certain accident .___Where in any factory an accident occurs which causes \r\ndeath, or which causes any bodily injury whereby any person injured is prevented from resuming his \r\nwork in the factory during the forty-eight hours after the accident occurred, or which is of any nature \r\nwhich may be prescribed in this behalf, the manager of the factory shall send notice thereof to such \r\nauthorities, and in such form and within such time, as may be prescribed.  \r\n33P. Appeals.___(1) The manager of a factory on whom an order in writing by an Inspector has \r\nbeen served under the provisions of this Chapter, or the occupier of the factory, may, within thirty days \r\nof the service of the order, appeal against it to the Provinci al Government, or to such authority as the \r\nProvincial Government may appoint in this behalf, and the Provincial Government or appointed \r\n \r\nPage 27 of 44 \r\n \r\nauthority may, subject to rules made in this behalf by the Provincial Government, confirm, modify or \r\nreverse the order.  \r\n(2) The appellate authority may, and if so required in the petition or appeal shall, hear the appeal \r\nwith the aid of assessors, one of whom shall be appointed by the appellate authority and the other by \r\nsuch body representing the industry concerned as the  Provincial Government may prescribe in this \r\nbehalf :  \r\nProvided that if no assessor is appointed by such body, or if the assessor so appointed fails to \r\nattend at the time and place fixed for hearing the appeal, the appellate authority may, unless satisfied  \r\nthat the failure to attend is due to sufficient cause, proceed to hear the appeal without the aid of such \r\nassessor, or if it thinks fit, without the aid of any assessor.  \r\n(3) Except in the case of an appeal against an order under sub-section (3) of section 33I or sub-\r\nsection (2) of section 33M the appellate authority may, suspend the order appealed against pending the \r\ndecision of the appeal, subject however to such conditions as to partial compliance or the adoption of \r\ntemporary measures as it may choose to impose in any case. \r\n33Q.  Additional power to make health and safety rules relating to shelters during rest.___ \r\n(1) The Provincial Government may make rules requiring that in any specified factory wherein more \r\nthan one hundred and fifty workers are ordinarily employed, an adequate shelter shall be provided for \r\nthe use of workers during periods of rest, and such rules may prescribe the standards of such shelters. \r\n(2) rooms for children.___The Provincial Government may also make rules___ \r\n(a)  requiring that in any specified factory, wherein more than fifty women workers \r\nare ordinarily employed, a suitable room shall be reserved for the use of children \r\nunder the age of six years belonging to such women, and  \r\n(b)  prescribing the standards for such rooms and the nature of the supervision to be \r\nexercised over the children therein. \r\n(3) certificates of stability.___The Provincial Government may also make rules, for any class of \r\nfactories and for the whole or any part of the Province, requiring that work on a manufacturing process \r\ncarried on with the aid of power shall not be begun in any building or part of a building erected or \r\ntaken into use as a factory after the commencement of this Act, until a certificate of s tability in the \r\nprescribed form, signed by a person possessing the prescribed qualifications, has been sent to the \r\nInspector.  \r\n(4) hazardous operations.___Where the Provincial Government is satisfied that any operation \r\nin a factory exposes any persons employed upon it to a serious risk of bodily injury, poisoning or \r\ndisease, it may make rules applicable to any factory or class of factories in which the operation is \r\ncarried on___  \r\n (a)  specifying the operation and declaring it to be hazardous,  \r\n(b)  prohibiting or restricting the employment of women, adolescents or children \r\nupon the operation,  \r\n \r\nPage 28 of 44 \r\n \r\n(c)  providing for the medical examination of persons employed or seeking to be \r\nemployed upon the operation and prohibiting the employment of persons not \r\ncertified as fit for such employment, and  \r\n(d)  providing for the protection of all persons employed upon the operation or in \r\nthe vicinity of the places where it is carried on.] \r\n1[(5) The Provincial Government may also make rules requiring the occupiers or managers of \r\nfactories to maintain stores of first-aid appliances and provide for their proper custody and use.] \r\nCHAPTER IV  \r\n \r\nRESTRICTIONS ON WORKING HOURS OF ADULTS \r\n \r\n 34. Weekly hours. No adult worker shall be allowed to work in a factory for more than 2[forty-\r\neight] hours in any week, or, where the factory is a seasonal one, for more than 2[fifty] hours in any \r\nweek :  \r\nProvided that an adult worker in a 3[*] factory engaged in work which for technical reasons \r\nmust be continuous throughout the day may work for fifty-six hours in any week. \r\n35. Weekly holiday.___(1) No adult worker shall be allowed to work in a factory on a Sunday \r\nunless___ \r\n(a)  he has had or will have a holiday for a whole day on one of the three days \r\nimmediately before or after that Sunday, and  \r\n(b)  the manager of the factory has, before that Sunday or the substituted day, \r\nwhichever is earlier,___ \r\n(i)  delivered a notice to the office of the Inspector of his intention to require \r\nthe worker to work on the Sunday and of the day which is to be \r\nsubstituted, and  \r\n(ii)  displayed a notice to that effect in the factory : \r\nProvided that no substitution shall be made which will result in any worker working for more \r\nthan ten days consecutively without a holiday for a whole day.  \r\n(2) Notice given under sub-section (1) may be cancelled by a notice delivered to the office of \r\nthe Inspector and a notice displayed in the factory not later than the day b efore the Sunday or the \r\nholiday to be cancelled, whichever is earlier.  \r\n(3) Where, in accordance with the provisions of sub-section (1), any worker works on a Sunday \r\nand has had a holiday on one of the three days immediately before it, that Sunday shall, for the purpose \r\nof calculating his weekly hours of work, be included in the preceding week. \r\n \r\n \r\n1Added by Act No. XVI of 1973, s. 11. \r\n2Subs by Act No. X of 1946, s. 2 (w. e. f. the Ist August 1946). \r\n3Omitted by Act No. V of 1947, s. 3. \r\n \r\n \r\nPage 29 of 44 \r\n \r\n1[35A. Compensatory holidays .___(1) Where, as a result of the passing of an order or the \r\nmaking of a rule under the provisions of this Act exempting a factory or the workers therein from the \r\nprovisions of section 35, a worker is deprived of any of the weekly holidays for which provision is \r\nmade by  sub-section (1) of that section, he shall be allowed, as soon as circumstances permit, \r\ncompensatory holidays of equal number to the holidays so lost. \r\n(2) The Provincial Government may make rules prescribing the manner in which the holidays, \r\nfor which provision is made in sub-section (1), shall be allowed.] \r\n36. Daily hours.___No adult worker shall be allowed to work in a factory for more than 2[nine] \r\nhours in any day :  \r\nProvided that a male adult worker in a seasonal factory may work for 2[ten] hours in any day. \r\n37. Intervals for rest .___The periods of work of adult workers in a factory during  each day \r\nshall be fixed either___  \r\n(a)  so that no period shall exceed six hours , and so that no worker shall work for \r\nmore than six hours before he has had an interval for rest of at least one hour  ; \r\nor  \r\n(b)  so that no period shall exceed five hours and so that no worker shall work for \r\nmore than five hours before he has had an interv al for rest of at least half an \r\nhours, or for more than eight and a half hours before he has had at least two such \r\nintervals. \r\n38. Spread over.___The periods of work of an adult worker in a factory shall be so arranged \r\nthat alongwith his intervals for rest under section 37, they shall not spread over more than 3[twelve] \r\nhours in any day, save with the permission of the 4[Provincial Government] and subject to such \r\nconditions as it may impose, either generally or in the case of any particular factory. \r\n39. Notice of periods for Work for Adults and preparation thereof .___(1) There shall be \r\ndisplayed and correctly maintained in every factory in accordance with the provisions of sub -section \r\n(2) of section 76 a Notice of Periods for Work for Adults showing c learly the periods within which \r\nadult workers may be required to work.  \r\n(2) The periods shown in the N otice required by sub -section (1) shall be fixed before hand in \r\naccordance with the following provisions of this section and shall be such that workers working for \r\nthose periods would not be working in contravention of any of the provisions of section 34, 35, 36, 37 \r\nand 38.  \r\n \r\n \r\n \r\n1Ins. by Act No. III of 1945, s. 2., (w. e. f. the 1st January 1946).  \r\n2Subs. by Act No. X of 1946, s. 3 (w. e. f. the 1st August, 1946).  \r\n3Subs. by the Finance Act, 2006 (Act No. III of 2006), s. 3.  \r\n4Subs. by A. O., 1937. \r\n \r\nPage 30 of 44 \r\n \r\n (3) Where all the adult workers in a factory are required to work within the same periods, the \r\nmanager of the factory shall fix those periods for such workers generally.  \r\n(4) Where all the adult workers in a factory are not required to work within the same  periods, \r\nthe manager of the factory shall classify them into groups according to the nature of their work.  \r\n(5) For each group which is not required to work on a system of shifts, the manager of the \r\nfactory shall fix the periods within which the group may be required to work.  \r\n(6) Where any group is required to work on a system of shifts and the relays are not to be \r\nsubject to predetermined periodical changes of shift, the manager of the factory shall fix the periods \r\nwithin which each relay of the group may be required to work.  \r\n(7) Where any group is to work on a system of shifts and the relays are to be subject to \r\npredetermined periodical changes of shifts, the manager of the factory shall draw up a scheme of shifts \r\nwhereunder the periods within which any  relay of the group may be required to work and the relay \r\nwhich will be working at any time of the day shall be known for any day.  \r\n(8) The 1[Provincial Government] may make rules prescribing forms for the Notice of Periods \r\nfor Work for Adults and the manner in which it shall be maintained. \r\n40. Copy of Notice of Periods for Work to be sent to Inspector .___(1) A copy of the Notice \r\nreferred to in sub -section (1) of section 39 shall be sent in duplicate to the Inspector within fourteen \r\ndays after the commencement of this Act, or, if the factory begins work after the commencement of \r\nthis Act, before the day on which it begins work.  \r\n(2) Any proposed change in the system of work in a factory which will necessitate a change in \r\nthe Notice shall be notified to the Inspector in duplicate before the change is made, and , except with \r\nthe previous sanction of the Inspector, no such change shall be made until one week has elapsed since \r\nthe last change. \r\n41. Register of Adult Workers.___(1) The manager of every factory shall maintain a Register \r\nof Adult Workers showing___ \r\n(a)  the name 2[and age] of each adult worker in the factory,  \r\n(b)  the nature of his work,  \r\n(c)  the group, if any, in which he is included,  \r\n(d)  where his group works on shifts, the relay to which he is allotted, and  \r\n(e)  such other particulars as may be prescribed : \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by A. O., 1937. \r\n2Ins. by Act No. XVI of 1973, s.12.  \r\n \r\n \r\nPage 31 of 44 \r\n \r\nProvided that, if the Inspector is of opinion that any muster roll or register maintained as part \r\nof the routine of a factory gives in respect of any or all of the workers in the factory the particulars \r\nrequired under this section, he may, by order in writing, direct that such muster roll or register shall to \r\nthe corresponding extent be maintained in place of and be treated as the Register of Adult Workers in \r\nthat factory : \r\nProvided further that, where the 1[Provincial Government] is satisfied that the conditions of \r\nwork in any factory or class of factories are such that there is no appreciable risk of contravention of \r\nthe provisions of this Chapter in the case of that factory or factories of that c lass, as the case may be, \r\nthe 1[Provincial Government] may, by written order, exempt, on such conditions as it may impose, that \r\nfactory or all factories of that class, as the case may be, from the provisions of this section. \r\n(2) The 1[Provincial Government] may make rules prescribing the form of the Register of Adult \r\nWorkers, the manner in which it shall be maintained and the period for which it shall be preserved. \r\n42. Hours of work to correspond with Notice under section 39 and Register under section \r\n41.___No adult worker shall be allowed to work otherwise than in accordance with the Notice of Periods \r\nfor Work for Adults displayed under sub -section (1) of section 39 and the entries made beforehand \r\nagainst his name in the Register of Adult Workers maintained under section 41. \r\n43. Power to make rules exempting from restrictions .___(1) The 1[Provincial Government) \r\nmay make rules defining the persons who hold positions of supervision or management or are \r\nemployed in a conf idential position in a factory, and the provisions of this Chapter, 2[other than the \r\nprovisions of clause (b) of sub-section (1) of section 45 and of the provisos to that sub -section], shall \r\nnot apply to any person so defined. \r\n(2) The 1[Provincial Government] may make rules for adult workers providing for the \r\nexemption, to such extent and subject to such conditions as may be prescribed in such rules,___ \r\n(a)  of workers engaged on urgent  repairs___from the provisions of sections 34, 35, \r\n36, 37 and 38 ;  \r\n(b)  of workers engaged in work in the nature of preparatory or complementary work \r\nwhich must necessarily be carried on outside the limits laid down for the general \r\nworking of the factory___from the provisions of sections 34, 36, 37 and 38 ;  \r\n(c)  of workers engaged in work which is necessarily so intermittent that the \r\nintervals during which they do not work while on duty ordinarily amount to \r\nmore than intervals for rest required under section 37___from the provisions of \r\nsections 34, 36, 37 and 38 ;  \r\n \r\n(d)  of workers engaged in any work which for technical reasons must be carried on \r\ncontinuously throughout the day ___from the provisions of sections 34, 35, 36, \r\n37 and 38 ;  \r\n \r\n \r\n1Subs. by A. O., 1937. \r\n2Ins. by Act No. XI of 1935, s. 2.  \r\n \r\nPage 32 of 44 \r\n \r\n (e)  of workers engaged in making or supplying articles of prime necessity which \r\nmust be made or supplied every day___from the provisions of section 35 ;  \r\n(f)  of workers engaged in a manufacturing process which cannot be carried on \r\nexcept during fixed seasons___from the provisions of section 35 ;  \r\n(g)  of workers engaged in a manufacturing process which cannot be carried on \r\nexcept at times dependent on the irregular action of natural forces ___from the \r\nprovisions of section 35 and section 37 ; and  \r\n(h)  of workers engaged in engine-rooms or boiler-houses___from the provisions of \r\nsection 35. \r\n(3) Rules made under sub -section (2) providing for any exemption may also provide for any \r\nconsequential exemption from the provisions of sections 39 and 40 which the 1[Provincial \r\nGovernment] may deem to be expedient, subject to such conditions as it may impose.  \r\n(4) In making rules under this section the 1[Provincial Government] shall prescribe the \r\nmaximum limits for the weekly hours of work for all classes of workers, and any exemption given, \r\nother than an exemption under clause (a) of sub-section (2), shall be subject to such limits.  \r\n(5) Rules made under this section shall remain in force for not more than three years. \r\n44. Power to make orders exempting from restrictions .___(1) Where the 1[Provincial \r\nGovernment] is satisfied that, owing to the nature of the work carried on or to other circumstances, it \r\nis unreasonable to require that the periods of work of any adult workers in any factory or class of \r\nfactories should be fixed beforehand, it  may, by written order, relax or modify the provisions of \r\nsections 39 and 40 in respect of such workers to such extent and in such manner as it may think fit, \r\nand subject to such conditions as it may deem expedient to ensure control over periods of work.  \r\n(2). The 1[Provincial Government], or subject to the control of the 1[Provincial Government] \r\nthe Chief inspector, may, by written order, exempt, on such conditions as it or he may deem expedient, \r\nany or all of the adult  workers in any  factory, or group or class of factories, from any or all of the \r\nprovisions of sections 34, 35, 36, 37, 38, 39 and 40, on the ground that the exemption is required to \r\nenable the factory or factories to deal with an exceptional press of work.  \r\n(3) Any exemption given under sub -section (2) in respect of weekly hours of work shall be \r\nsubject to the maximum limits prescribed under sub-section (4) of section 43. \r\n2[(4) An order under sub-section (2) shall remain in force for such period, not exceeding two \r\nmonths from the date on which notice thereof is given to the manager of the factory, as may be specified \r\nin the order :  \r\n \r\n \r\n \r\n \r\n1Subs. by A. O., 1937.  \r\n2Subs. by Act No. X of 1946, s. 5 (w. e. f. the 1st August, 1946). \r\n \r\n \r\nPage 33 of 44 \r\n \r\nProvided that if in the opinion of the Provincial Government the public interest so requires, the \r\nProvincial Government may from time to time, by notification in the official Gazette, extend the \r\noperation of any such order for a period, not exceeding six months at any one time, as may be specified \r\nin the notification.] \r\n45. Further restrictions on the employment of women.___(1) The provisions of this Chapter \r\nshall, in their application to women workers in factories, be supplemented by the following further \r\nrestrictions, namely___ \r\n(a)  no exemption from the provisions of section 36 may be granted in respect of \r\nany woman ; and  \r\n(b)  no woman shall be allowed to work in a factory e xcept between 6 A. M. and 7 \r\nP.M. : \r\n1[Provided that if the employer arranges for the transport facilities, a wo man with her consent \r\nmay work up to 10.00 p.m. in two shifts] \r\n \r\n1[Omitted] \r\n(2) The 2[Provincial Government] may make rules providing for the exemption from the above \r\nrestrictions, to such extent and subject to such conditions as it may prescribe, of women working in \r\nfish-curing or fish -canning factories where the employment of women beyond the said hours is \r\nnecessary to prevent damage to or deterioration in any raw material. \r\n(3) Rules made under sub-section (2) shall remain in force for not more than three years. \r\n46. Special provision for night -shifts. Where a worker works on a shift which extends over \r\nmidnight, the ensuing day for him shall be deemed to be the period of twenty -four hours beginning \r\nwhen such shift ends, and the hours he has worked after midnight shall be counted towards the previous \r\nday :  \r\nProvided that the 2[Provincial Government] may, by order in writing, direct that in the case of \r\nany specified factory or any specified class of workers therein the ensuing day shall be deemed to be \r\nthe period of twenty -four hours beginning when such shift begins and that the hours worked before \r\nmidnight shall be counted towards the ensuing day. \r\n47. Extra pay for overtime.___3[(1) Where a worker___ \r\n(a)  in a non-seasonal factory works for more than nine hours in any day or for more \r\nthan forty-eight hours in any week, or  \r\n(b)  in a seasonal factory works for more than nine hours in any day or for more than \r\nfifty hours in any week, ___  \r\n he shall be entitled in respect of the overtime worked to pay at the rate of twice his ordinary rate of \r\npay.] \r\n \r\n1Subs and omitted by the Finance Act, 2006 (Act No. III of 2006), s. 3.  \r\n2Subs. by A. O., 1937. \r\n3Subs. by Act No. X of 1946. s. 7. (w. e. f. the 1st August, 1946). \r\n \r\nPage 34 of 44 \r\n \r\n1[Explanation.___In this sub-section, ‘ordinary rate of pay’ means all remuneration capable of \r\nbeing expressed in terms of money which would, if the terms of the contract of employment, express \r\nor implied, were fulfilled, be payable to a worker in respect of his employment or of work done in such \r\nemployment, but does not include___ \r\n(i)  the value of any house -accommodation, supply of light, water, medical \r\nattendance or other amenity ;  \r\n(ii)  any contribution paid by the employer to any pension fund or provident fund ;  \r\n(iii)  any travelling allowance or the value of travelling concession ; or  \r\n(iv)  any gratuity, bonus or share in the profits of the factory.] \r\n(3) Where any workers are paid on a piece rate basis, the 2[Provincial Government] in \r\nconsultation with the industry concerned may for the purposes of this section fix time rates as nearly \r\nas possible equivalent to the average rate of earnings of those workers, and the rates so fixed shall be \r\ndeemed to be the ordinary rates of those workers for the purposes of this section.  \r\n(4) The 2[Provincial Government) may prescribe the registers that shall be maintained in a \r\nfactory for the purpose of securing compliance with the provisions of this section. \r\n48. Restriction on  double employment.___No adult worker shall be allowed to work in any \r\nfactory on any day on which he has already been working in any other factory, save in such \r\ncircumstances as may be prescribed.  \r\n49. Control of overlapping shifts.___The 2[Provincial Government] may make rules providing \r\nthat in any specified class or classes of factories work shall not be carried on by a system of shifts so \r\narranged that more than one relay of workers is engaged in work for the same kind at the same time \r\nsave with the perm ission of the 2[Provincial Government] and subject to such conditions as it may \r\nimpose, either generally or in the case of any particular factory. \r\n3[CHAPTER IV A \r\n \r\nHOLIDAYS WITH PAY \r\n \r\n49A.  Application of Chapter.___(1) The provisions of this Chapter shall not apply to a seasonal \r\nfactory.  \r\n(2) The provisions of this Chapter shall not operate to the prejudice of any rights to which a \r\nworker may be entitled under any other enactment, or under the terms of any award, agr eement or \r\ncontract of service. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Added by Act No. XVI of 1973, s. 13. \r\n2Subs. by A.O., 1937. \r\n3Ins. by Act No. III of 1945, s. 3 (w. e. f. the 1st January, 1946). \r\n \r\nPage 35 of 44 \r\n \r\n49B. Annual holidays .___(1) Every worker who has completed a period of twelve months \r\ncontinuous service in a factory shall be allowed, during the subsequent period of twelve months, \r\nholidays for a period of 1[* * *] fourteen consecutive days, inclusive of the day or days, if any, on \r\nwhich he is entitled to a holiday under sub-section (1) of section 35.  \r\n(2) If a worker fails in any one such period of twelve months to take the whole of the holidays \r\nallowed to him under sub-section (1), any holidays not taken by him shall be added to the holidays to \r\nbe allowed to him under sub -section (1) in the succeeding period of twelve months, so however that \r\nthe total number of days holidays which may be carried forward to a succeeding period shall not exceed \r\n1[* * *] fourteen.  \r\n(3) If a worker entitled to holidays under sub-section (1) is discharged by his employer before \r\nhe has been allowed the holidays, or if, having applied for and having been refused the holidays, he \r\nquits his employment before he has been allowed the holidays, the employer shall pay him the amount \r\npayable under section 49C in respect of the holidays. \r\nExplanation.___A worker shall be deemed to have completed a period of twelve months \r\ncontinuous service in a factory notwithstanding any interruption in service during those twelve months \r\nbrought about by sickness, accident or authorised leave not exceeding ninety days in the aggregate for \r\nall three, or by a lock -out, or by a strike which is not an illegal strike, or by intermittent periods of \r\ninvoluntary unemployment not exceeding thirty days in the aggregate  ; and authorised leave shall be \r\ndeemed not to include any weekly holiday allowed under section 35 which occurs at beginning or end \r\nof an interruption brought about by the leave. \r\n49C. Pay during annual holidays___Without prejudice to the conditions governing the day or \r\ndays, if any, on which the worker is entitled to a holiday under sub-section (1) of section 35, the worker \r\nshall, for the remaining days of the holidays allowed to him under section 49B, be paid at a rate \r\nequivalent to the daily average of his wages as defined in the Payment of Wages Act, 1936, for the \r\ndays on which he actually worked during the preceding three months, exclusive of any earning in \r\nrespect of overtime. \r\n49D. Payment when to be made .___A worker who has been allowed holidays under section \r\n49B shall, before his holidays begin, be paid half the total pay due for the period of holidays.  \r\n49E. Power of Inspector to act for worke r.___Any Inspector may institute proceedings on \r\nbehalf of any worker to recover any sum required to be paid under this Chapter by an employer which \r\nthe employer has not paid.  \r\n49F. Power to make rules .___(1) The Provincial Government may make rules to carry into \r\neffect the provisions of this Chapter. \r\n(2) Without prejudice to the generality of the f oregoing power rules may be made under this \r\nsection prescribing the keeping by employers of registers showing such particulars as may be \r\nprescribed and requiring such registers to be made available for examination by Inspectors. \r\n2[*  *  *  *  *  *  *] \r\n \r\n1Omitted by Act No. XVI of 1973, s. 14.  \r\n2Omitted by A. O. 1964, Art. 2 and Sch. \r\n \r\nPage 36 of 44 \r\n \r\n 49G. Exemption of factories from the provisions of this Chapter .___Where the Provincial \r\nGovernment is satisfied that the leave rules applicable to workers in a factory provide benefits \r\nsubstantially similar to those for which this Chapter makes provision, it may, by written order, exempt \r\nthe factory from the provisions of this Chapter.] \r\n1[49H. Casual leave and sick leave.___(1) Every worker shall entitled to casual leave with full \r\npay for ten days in a year. \r\n(2) Every worker shall be entitled to sixteen days’ sick leave on half average pay in a year. \r\n49I. Festival holidays.___(1) Every worker shall be allowed holidays with pay on all days \r\ndeclared by the Provincial Government to be festival holidays. \r\n(2) A worker may be required to work on a ny festival holiday but one day  additional \r\ncompensatory holiday with full pay and a substitute holiday shall be allowed to him in accordance \r\nwith the provisions of section 35.] \r\nCHAPTER V  \r\n \r\nSPECIAL PROVISIONS FOR ADOLESCENTS AND CHILDREN \r\n50. Prohibition of employment of young children .___No child who has not completed his \r\n2[fourteenth] year shall be allowed to work in any factory. \r\n51. Non-adult workers to carry tokens giving reference to certificates of fitness.___No child \r\nwho has completed his 2[fourteenth] year and no adolescent shall  be allowed to work in any factory \r\nunless___ \r\n(a)  a certificate of fitness granted to him under section 52 is in the custody of the \r\nmanager of the factory, and  \r\n(b)  he carries while he is at work a token giving a reference to such certificate. \r\n52. Certificates of fitness.___(1) A certifying surgeon shall, on the application of any 1[child or \r\nadolescent] who w ishes to work  in a factory, or  of the parent or guardian of such person, or of the \r\nmanager of the factory in which such person wishes to work, examine such person and ascertain his \r\nfitness for such work. \r\n(2) The certifying surgeon, after examination, may grant to such person, in the prescribed \r\nform,___ \r\n(a)  a certificate of fitness to work in a factory as a child, if he is satisfied that such \r\nperson has completed his 2[fourteenth] year, that he has attained the prescribed \r\nphysical standards (if any), and that he is fit for such work ; or  \r\n \r\n \r\n \r\n \r\n1Added and subs. by Act No. XVI of 1973, ss. 15 and 16. \r\n2Subs. by the Labour Laws (Amdt.) Act, 1977 (Act No. XVII of 1977), s. 2, Sch. 1. \r\n \r\n \r\nPage 37 of 44 \r\n \r\n (b)  a certificate of fitness to work in a factory as an adult, if he is satisfied that such \r\nperson has completed his fifteenth year and is fit for a full day’s work in a \r\nfactory. \r\n(3) A certifying surgeon may revoke any certificate granted under sub -section (2) if, in his \r\nopinion, the holder of it is no longer fit to work in the capacity stated therein in a factory.  \r\n(4) Where a certifying surgeon or a practitioner authorised under sub-section (2) of section 12 \r\nrefuses to grant a certificate or a certificate of the kind requested, or revokes a certificate, he shall, if \r\nso requested by any person who could have applied for the certificate, state his reasons in writing for \r\nso doing. \r\n53. Effect of certificate granted to adolescent .___(1) An adolescent who has been granted a \r\ncertificate of fitness to work in a factory as an adult, under clause (b) of sub-section (2) of section 52, \r\nand who, while at work in a factory, carries a token giving reference to the certificate, shall be deemed \r\nto be an adult for all the purposes of Chapter IV .  \r\n(2) An adolescent who has not been granted a certificate of fitness work in a factory as an adult \r\nunder sub-section (2) of section 52 shall, notwithstanding his age, be deemed to be a child for the \r\npurposes of this Act. \r\n54. Restrictions on the working hours of a child.___(1) No child shall be allowed to work in \r\na factory for more than five hours in any day.  \r\n(2) The hours of work of a child shall be so arranged that they shall not spread over more than \r\nseven-and-a-half hours in any day. \r\n(3) No child 1[or adolesent] shall be allowed to work in a factory except between 6 A. M. and \r\n7 P.M. : \r\nProvided that the 2[Provincial Government] may, by notification in the 2[official Gazette], in \r\nrespect of any class or classes of factories and for the whole year or any part of it, vary these limits to \r\nany span of thirteen hours between 5 A. M. and 3[7-30 P.M.].  \r\n(4) The provisions of section 35 shall apply also to child workers, but no exemption from the \r\nprovisions of that section may be granted in respect of any child.  \r\n(5) No child shall be allowed to work in any factory on any day on which he has already been \r\nworking in another factory. \r\n55. Notice of Periods for Work for Children .___(1) There shall be displayed and correctly \r\nmaintained in every factory in accordance with the provisions of sub-section (2) of section 76, a Notice \r\nof Periods for Work for Children, showing clearly the periods within which children may be required \r\nto work. \r\n \r\n1Ins. by Act No. XVI of 1973, s. 17.  \r\n2Subs by A. O. 1937. \r\n3Subs. by Act No. XIV of 1944), s. 5.  \r\n \r\nPage 38 of 44 \r\n \r\n (2) The periods shown in the Notice required by sub -section (1) shall be fixed beforehand in \r\naccordance with the method laid down for adults in section 39 and shall be such that children working \r\nfor those periods would not be working in contravention of section 54.  \r\n(3) The provisions of section 40 shall apply also to the Notice of Periods for Work for Children.  \r\n(4) The 1[Provincial Government] may make rules prescribing forms for the Notice of Periods \r\nfor Work for Children and the manner in which it shall be maintained. \r\n 56. Register of Child Workers .___(1) The manager of every factory in which children are \r\nemployed shall maintain a Register of Child Workers showing___ \r\n(a)  the name 2[and age] of each child worker in the factory  \r\n(b)  the nature of his work,  \r\n(c)  the group, if any, in which he is included, \r\n(d)  where his group works on shifts, the relay to which he is allotted,  \r\n(e)  the number of his certificate of fitness granted under section 52, and  \r\n(f)  such other particulars as may be prescribed. \r\n(2) The 1[Provincial Government] may make rules prescribing the form of the Register of Child \r\nWorkers, the manner in which it shall be maintained and the period for which it shall be preserved. \r\n57. Hours of work to correspond with Notice and Register .___No child shall be allowed to \r\nwork otherwise than in accordance with the Notice of Periods for Work for Children displayed under \r\nsub-section (1) of section 55 and the entries made before hand against his name in the Register of Child \r\nWorkers maintained under sub-section (1) of section 56.  \r\n58. Power to require medical examination.___Where an Inspector is of opinion— \r\n(a)  that any person working in a factory without a certificate of fitness is a child or \r\nan adolescent, or  \r\n(b)  that a child or adolescent working in a factory with a certificate is no longer fit \r\nto work in the capacity stated therein,  \r\n he may serve on the manager of the factory a notice requiring that such person, or that such child or \r\nadolescent, as the case may be, shall be examined by a certif ying surgeon or by a practitioner \r\nauthorised under sub-section (2) of section 12, and such person, child or adolescent shall not, if the \r\nInspector so directs, be allowed to work in any factory until he has been so examined and has been \r\ngranted a certificate of fitness or a fresh certificate of fitness, as the case may be. \r\n \r\n1Subs by A. O. 1937.  \r\n2Ins. by Act No. XVI of 1973, s. 18. \r\n  \r\n \r\nPage 39 of 44 \r\n \r\n59. Power to make rules.___The 1[Provincial Government] may make rules___  \r\n(a)  prescribing the forms of certificates of fitness to be granted under section 52, \r\nproviding for the grant of duplicates in the event of loss of original certificates, \r\nand fixing the fees which may be charged for such certificates and such \r\nduplicates ;  \r\n(b)  prescribing the physical standards to be attained by children and adolescents ;  \r\n(c)  regulating the procedure of certifying surgeons under this Chapter, and \r\nspecifying other duties which they may be required to perform in connection \r\nwith the employment of children and adolescents in factories ; and  \r\n(d)  providing for any other matter which may be expedient in order to give effect \r\nto the provisions of this Chapter. \r\n2[59A. Provisions to be in addition to Act XXVI of 1938.___The provisions of this Chapter shall \r\nbe in addition to, and not in derogation of , the provisions of the Employment of Children Act, 1938 \r\n(XXVI of 1938)] . \r\nCHAPTER VI  \r\n \r\nPENALTIES AND PROCEDURE \r\n \r\n                                     60. Penalty for contraventions of Act and rules.___If in any factory— \r\n(a)  there is any contravention___ \r\n(i)  of any of the provisions of sections 13 to 3[32] inclusive, or  \r\n(ii)  of any order made under any of the said sections, or  \r\n(iii)  of any of the said sections read with rules ma de in pursuance thereof \r\nunder 3[section 33J] or  \r\n(iv)  of any rules made under any of the said sections or under 3[sections 33J \r\nand 33Q], or  \r\n(v)  of any condition imposed under sub-section (3) of section 3[33P], or  \r\n(b)  any person is allowed to work in contravention___ \r\n(i)  of any of the provisions of sections 34 to 38 inclusive, 42, 45 4[,48, 49H \r\nand 49I], or  \r\n \r\n \r\n \r\n1Subs by A. O. 1937. \r\n2Subs. by Act No. XVI of 1973, s, 19. \r\n3Subs. by the Labour Laws (Amdt.) Ordinance, 1972 (Ordinance No. IX of 1972), s. 2, Sch. 1.  \r\n4Subs. by the Labour Laws (Amdt.) Act, 1975 (Act No. XI of 1975), s.2 and Sch.  \r\n \r\n \r\nPage 40 of 44 \r\n \r\n (ii)  of any rule made under any of the said sections, or under section 49, or  \r\n(iii)  of any condition attached or any exemption granted under section 43 or \r\nsection 44 or section 45 or to any permission granted under section 38 \r\nor section 49, or  \r\n(c)  there is any contravention of any of the provisions of sections 39 to 41 inclusive \r\nor of any rule made under section 39, section 41 or section 47, or of any \r\ncondition attached to any exemption granted under sec tion 41 or to any \r\nmodification or relaxation made under section 44, or \r\n(d)  any person is not paid any extra pay to which he is entitled under the provisions \r\nof section 47, or  \r\n(e)  any adolescent or child  is allowed to work in contravention of any of the \r\nprovisions of sections 50, 51, 54, 55, 57 and 58, or  \r\n(f)  there is any contravention of section 55 or section 56 or of any rules made under \r\neither of these sections, or under clause (d) of section 59, 1[or]  \r\n1[(g)  there is any contravention of section 49B, 49C, or 49D, or of any rule made \r\nunder section 49F,]  \r\nthe manager and occupier of the factory shall each be punishable with fine \r\nwhich may extend to five hundred rupees : \r\nProvided that if both the manager and the occupier are convicted, the aggregate of the fines \r\ninflicted in respect of the same contravention shall not exceed this amount. \r\n61. Enhanced penalty in certain cases after previous conviction. If any person who has been \r\nconvicted at any offence punishable under clauses (b) to 2[(g)] inclusive of section 60 is again guilty \r\nof an offence Involving a contravention of the same provision, he shall be punishable on the second \r\nconviction with fine which may extend to seven hundred and fifty rupees and shall not be  less than \r\none hundred rupees, and if he is again so guil ty, shall be punishable  on the third or any subsequent \r\nconviction with fine which may extend to one thousand rupees and shall not be less than two hundred \r\nand fifty rupees :  \r\nProvided that for the pu rposes of this section no cognizance shall be taken of any conviction \r\nmade more than two years before the commission of the offence which is being punished :  \r\nProvided further that the Court, if it is satisfied that there are exceptional circumstances \r\nwarranting such a course, may, after recording its reasons writing, impose a smaller fine than is \r\nrequired by this section. \r\n \r\n \r\n1Added and ins. by Act No. III of 1945, s. 4. (w. e. f. the 1st January, 1946).  \r\n2Subs. by Act No. III of 1945, s.5. \r\n \r\nPage 41 of 44 \r\n \r\n62. Penalty for failure to give notice of commencement of work or of change of manager. \r\n___An occupier of a factory who fails to give any notice required by sub-section (1) 1[,sub-section (1A)] \r\nor sub-section (2) of section 9 shall be punishable with fine which may extend to five hundred rupees. \r\n63. Penalty for obstructing Inspecto r.___Whoever wi lfully obstructs an Inspector in the \r\nexercise of any power under section 11, or fails to produce on demand by an Inspector any registers or \r\nother documents in his custody kept in pursuance of this Act or of any of the rules made there -under, \r\nor conceals or preve nts any worker in a factory from appearing before or being examined by an \r\nInspector, shall be punishable with fine which may extend to five hundred rupees.  \r\n64. Penalty for failure to give notice of accidents.___A manager of a factory who fails to give \r\nnotice of an accident as required under section 2[33N] shall be punishable with fine which may extend \r\nto five hundred rupees.  \r\n65. Penalty for failure to make returns .___If in respect of any factory any return is not \r\nfurnished as required under section 77, the manager and the occupier of the factory shall each be liable \r\nto fine which may extend to five hundred rupees :  \r\nProvided that if both the manager and the occupiers are convicted, the aggregate of the fines \r\ninflicted shall not exceed this amount. \r\n66. Penalty for smoking or using naked light in vicinity of inflammable material . \r\n___Whoever smokes, or uses a naked light or causes or permits any such light to be used in the vicinity \r\nof any inflammable material in a factory shall be punishable with fine whi ch may extend to five \r\nhundred rupees.  \r\nException.___This provision does not extend to the use, in accordance with such precautions as \r\nmay be prescribed, of a naked light in the course of a manufacturing process. \r\n67. Penalty for using false certificate .___Whoever knowingly uses or attempts to use, as a \r\ncertificate granted to himself under section 52, a certificate granted to another person under that \r\nsection, or who, having procured such a certific ate, knowingly allows it to be used, or an attempt to \r\nuse it to be made, by another person, shall be punishable with fine which may extend to twenty rupees.  \r\n68. Penalty on guardian for permitting double employment of a child.___lf a child works in \r\na factory on any day on which he has already been working in another factory, the parent or guardian \r\nof the child or the person having custody of or control over him, or obtaining any direct benefit from \r\nhis wages, shall be punishable wit h fine which may extend to twenty rupees, unless it appears to the \r\nCourt that the child so worked without the consent, connivance or wilful default of such parent, \r\nguardian or person.  \r\n69. Penalty for failure to display certain notices.___A manager of a fa ctory who fails to \r\ndisplay the notice required under sub-section (1) of section 76 or by any rule made under this Act, or \r\nto display or maintain any such notice as required by sub-section (2) of that section, shall be punishable \r\nwith fine which may extend to five hundred rupees. \r\n1Ins. by Act No. XVI of 1973, s.20. \r\n2Subs. by the Labour Laws (Amdt.) Ordinance, 1972 (Ordinance, No. IX of 1972), s. 2, Sch. 1. \r\n \r\nPage 42 of 44 \r\n \r\n70 Determination of “occupier” for purposes of this Chapter.___(1) Where the occupier of \r\na factory is a firm or other association of individuals, any one of the individual partners or members \r\nthereof may be prosecuted and punished under this Chapter for any offence for which the occupier of \r\nthe factory is punishable :  \r\nProvided that the firm or association may give notice to the Inspector that it has nominated one \r\nof its number who is resident in 1[Pakistan] to be the occupier of the factory for the purposes of this \r\nChapter, and such individual shall  so long as he is so resident be deemed to be the occupier for the \r\npurposes of this Chapter until further notice cancelling his nomination is received by the Inspector or \r\nuntil he ceases to be a partner or member of the firm or association. \r\n(2) Where the o ccupier of a factory is a company, any one of the directors thereof, or, in the \r\ncase of a private company, any one of the shareholders thereof, may be prosecuted and punished under \r\nthis Chapter for any offence for which the occupier of the factory is punishable :  \r\nProvided that the company may give notice to the Inspector that it has nominated a director, or, \r\nin the case of a private company, a shareholder, who is resident in either case in 1[Pakistan] to be the \r\noccupier of the factory for the purposes of this Chapter, and such director or shareholder shall so long \r\nas he is so resident be deemed to be the occupier of the factory for the purposes of this Chapter until \r\nfurther notice cancelling his nomination is received by the Inspector or until he ceases to be a director \r\nor shareholder. \r\n71. Exemption of occupier or manager from liability in certain cases .___(1) Where the \r\noccupier or manager of a factory is charged with an offence against this Act, he shall be entitled upon \r\ncomplaint duly made by him to have any other person whom he charges as the actual offender brought \r\nbefore the Court at the time appointed for hearing the charge  ; and if, after the commission of the \r\noffence has been proved, the occupier or manager of the factory proves to the satisfaction of  the \r\nCourt___  \r\n(a)  that he has used due diligence to enforce the execution of this Act, and  \r\n(b)  that the said other person committed the offence in question without his \r\nknowledge, consent or connivance,  \r\nthat other person shall be convicted of the offence and shall be liable to the like \r\nfine as if he were the occupier or manager, and the occupier or manager shall be \r\ndischarged from any liability under this Act. \r\n(2) When it is made to appear to the satisfaction of the Inspector at any time prior to the \r\ninstitution of the proceedings___  \r\n(a)  that the occupier or manager of the factory has used all due diligence to enforce \r\nthe execution of this Act, and  \r\n(b)  by what person the offence has been committed, and \r\n \r\n \r\n1Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3, Sch. 2. (w. e. f. the 14th October, 1955). \r\n \r\nPage 43 of 44 \r\n \r\n(c)  that it has been committed without the knowledge, consent or connivance of the \r\noccupier or manager, and in contravention of his orders, \r\n the Inspector shall proceed against the person whom he believes to be the actual \r\noffender without first proceeding against the occupier or manager of the factory, \r\nand such person shall be liable to the like fine as if he were the occupier or \r\nmanager. \r\n72. Presumption as to employment.___If a child over the age of six years is found inside any \r\npart of a factory in which children are working, he shall, until the contrary is proved, be deemed to be \r\nworking in the factory.  \r\n73. Evidence as to age.___(1) When an act or omission would, if a perso n were under or over \r\na certain age, be an offence punishable under this Act, and such person is in the opinion of the Court \r\napparently under or over such age, the burden shall be on the accused to prove that such person is not \r\nunder or over such age.  \r\n(2) A declaration in writing by a certifying surgeon relating to a worker that he has personally \r\nexamined him and believes him to be under or over the age set forth in such declaration shall, for the \r\npurposes of this Act, be admissible as evidence of the age of that worker. \r\n74. Cognizance of offences.___(1) No prosecution under this Act, except a prosecution under \r\nsection 66, shall be instituted except by or with the previous sanction of the Inspector.  \r\n(2) No Court inferior to that 1[* * *] of a Magistrate of the firs t class shall try any offence \r\nagainst this Act or any rule or order made thereunder, other than an offence under section 66 or section \r\n67.  \r\n2[*  *  *  *  *  *  *] \r\n75. Limitation of prosecution s.___No Court shall take cognizance of any offence under this  \r\nAct or any rule or order there under, other than an offence under section 62 or section 64, unless \r\ncomplaint thereof is made within six months of the data on which the offence is alleged to have be en \r\ncommitted.  \r\nProvided that when the offence consists of disobeying a written order made by an Inspector, \r\ncomplaint thereof may be made within twelve months of the date on which the offence is alleged to \r\nhave been committed. \r\nCHAPTER VII  \r\n \r\nSUPPLEMENTAL \r\n \r\n 76. Display of factory notices.___(1) In addition to the notices required to be displayed in any \r\nfactory by this Act or the rules made thereunder, there shall be displayed in every factory a notice \r\ncontaining such abstracts of this Act and of the rules made thereunder, in English and in the vernacular \r\nof the majority of the workers as the 3[Provincial Government] may prescribe.  \r\n \r\n \r\n1Repealed by the Federal Laws (Revision and Declaration) Act, 1951 (Act No. XVI of 1951), s. 3, Sch. 2. \r\n2Omitted by Act. No. XVI of 1973, s.21. \r\n3Subs. by A. O. 1937. \r\n \r\nPage 44 of 44 \r\n \r\n (2) All notices required to be displayed in a factory shall be displayed at some conspicuous \r\nplace at or near the main entrance to the factory, and shall be maintained in a clean and legible \r\ncondition. \r\n77. Power of Provincial Government to make rules .___The 1[Provincial Government] may \r\nmake rules requiring occupiers or managers of factories to submit such returns occasional or periodical, \r\nas may in 1[its] opinion be required for the purposes of this Act.  \r\n78. 1[Repealed]  \r\n79. Publication of rules.___(1) All rules made under this Act shall be subject to the condition \r\nof previous publication, and the date to be specified under clause (3) of section 23 of the General \r\nClauses Act, 1897 (X of 1897), shall not be less than three months from the date on which the draft of \r\nthe proposed rules was published.  \r\n(2) All such rules shall be published in 1[* * *] the 1[official Gazette] 1[* * *] and shall, unless \r\nsome later date is appointed, come into force on the date of such publication. \r\n80. Application to Government factories. This Act shall apply to factories belongi ng to the \r\n2[Government]. \r\n81. Protection to persons acting under this Act.  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