Amendments

in
acts
 contents
1. Contract Labour Act , 1970

2. Industrial Disputes Act, 1947

3. Factories Act, 1948

 contents
1. Contract Labour Act , 1970

2. Industrial Disputes Act, 1947

3. Factories Act, 1948

 Contract Labour Act , 1970
SECTION 1 (4)
BEFORE AMENDMENT AFTER AMENDMENT

ItItapplies--
applies-- ItItapplies--
applies--
(a)To
(a)Toevery
everyestablishment
establishmentininwhich
whichtwenty
twentyoror (a)To
(a)Toevery
everyestablishment
establishmentininwhich
whichfifty
fiftyoror
more
moreworkmen
workmenare
areemployed
employedororwere
were more
moreworkmen
workmenare
areemployed
employedororwere
were
employed
employedon
onany
anyday
dayofofthe
thepreceding
precedingtwelve
twelve employed
employedon
onany
anyday
dayofofthe
thepreceding
precedingtwelve
twelve
Before amendment,
months
monthsasascontract
contractlabour;
labour; months
monthsasascontract
contractlabour;
labour;
Act was applied in which
(b)
(b)totoevery
everycontractor
contractorwho
whoemployees
employeesoror (b)
(b)totoevery
everycontractor
contractorwho
whoemployees
employeesoror
20 or more workmen are
who
whoemployed
employedon
onany
anyday
dayofofthe
thepreceding
preceding who
whoemployed
employedon
onany
anyday
dayofofthe
thepreceding
preceding
Employed.
twelve
twelvemonths
monthstwenty
twentyorormore
moreworkmen:
workmen: twelve
twelvemonths
monthsfifty
fiftyorormore
moreworkmen:
workmen:

Now, minimum workmen

Provided
Providedthat
thatthe
theState
StateGovernment
Government Provided
Providedthat
thatthe
theState
StateGovernment
Government
should be 50.
may,
may,after
aftergiving
givingnot
notless
lessthan
thantwo
twomonths'
months' may,
may,after
aftergiving
givingnot
notless
lessthan
thantwo
twomonths'
months'
notice
noticeofofitsitsintention
intentionsosototodo,
do,bybynotification
notification notice
noticeofofitsitsintention
intentionsosototodo,
do,bybynotification
notification
ininthe
theOfficial
OfficialGazette,
Gazette,apply
applythe
theprovisions
provisions ininthe
theOfficial
OfficialGazette,
Gazette,apply
applythe
theprovisions
provisions
ofofthis
thisAct
Acttotoany
anyestablishment
establishmentororcontractor
contractor ofofthis
thisAct
Acttotoany
anyestablishment
establishmentororcontractor
contractor
employing
employingsuch
suchnumber
numberofofworkmen
workmenless
less employing
employingsuch
suchnumber
numberofofworkmen
workmenless
less
than
thantwenty
twentyasasmay
maybe
bespecified
specifiedininthe
the than
thantwenty
twentyasasmay
maybe
bespecified
specifiedininthe
the
notification.
notification. notification.
notification.
 contents
1. Contract Labour Act , 1970

2. Industrial Disputes Act, 1947

3. Factories Act, 1948

 INDUSTRIAL DISPUTES ACT, 1947
SECTION 2
Definitions

BEFORE AMENDMENT AFTER AMENDMENT

Clause
Clausegg(iii)
(iii)
Clause
Clausegg(iii)
(iii) Since a separate Act, The
Contract Labour (Regulation and This
Thisclause
clauseisisbeing
beingdeleted
deleted
Employer
Employermeans:-
means:- Abolition) Act, 1970 was enacted by form
formthe
theact
act
Where
Wherethe
theowner
ownerofofany
anyindustry
industry the Parliament for regulating the
ininthe
thecourse
courseofofororfor
forthe
thepurpose
purpose employment of contract workers in
ofofconducting
conductingthe
theindustry
industrycontracts
contracts Certain establishments and for its
with
withany
anyperson
personfor
forthe
theexecution
executionby
by abolition of certain circumstances,
ororunder
underthe
thecontractor
contractorofofthe
thewhole
whole therefore, sub-clause (iii) of clause (g)
ororany
anypart
partofofany
anywork
workwhich
whichisis vide State Amendment
ordinarily
ordinarilyaapart
partofofthe
theindustry,
industry, of 1958 has become irrelevant
the
theowner
ownerofofthe
theindustry
industry and ineffective. Hence,
this need to be deleted.
 INDUSTRIAL DISPUTES ACT, 1947
SECTION 2 (Clause s) - Definitions
BEFORE AMENDMENT AFTER AMENDMENT

Workman
Workmanmeans
means–– Workman
Workmanmeans
means––
Any
Anyperson
person(including
(includingan
anapprentice)
apprentice) Any
Anyperson
person(including
(includingan
anapprentice)
apprentice)
employed
employedininan
anindustry
industrybybyan
an employed
employedininan
anindustry
industrytotodo
do
employer
employerororbybythe
thecontractor
contractorinin manual,
manual,unskilled,
unskilled,skilled,
skilled,technical,
technical,
relation
relationtotothe
theexecution
executionofofhis
his Since a separate Act, The operational,
operational,clerical
clericalororsupervisory
supervisory
contract
contractwith
withsuch
suchemployer
employertotodo
do Contract Labour (Regulation and work
workfor
forhire
hireororreward,
reward,whether
whetherthe
the
manual,
manual,unskilled,
unskilled,skilled,
skilled,technical,
technical, Abolition) Act, 1970 was enacted by terms
termsofofemployment
employmentbe
beexpress
expressoror
operational,
operational,clerical
clericalororsupervisory
supervisory the Parliament for regulating the implied,
implied,and
andfor
forthe
thepurposes
purposesofofany
any
work
workfor
forhire
hireororreward,
reward,whether
whetherthe
the employment of contract workers in proceeding
proceedingunder
underthis
thisAct
Actininrelation
relation
terms
termsofofemployment
employmentbe
beexpress
expressoror Certain establishments and for its totoan
anindustrial
industrialdispute,
dispute,includes
includesany
any
implied,
implied,and
andfor
forthe
thepurposes
purposesofofany
any abolition of certain circumstances, such
suchperson
personwho
whohas
hasbeen
beendismissed,
dismissed,
proceeding
proceedingunder
underthis
thisAct
Actininrelation
relation therefore, the expression in discharged
dischargedororretrenched
retrenchedinin
totoan
anindustrial
industrialdispute,
dispute,includes
includesany
any clause (s) vide State Amendment connection
connectionwith,
with,ororasasaaconsequence
consequence
such
suchperson
personwho
whohas
hasbeen
beendismissed,
dismissed, of 1958 has become irrelevant of,
of,that
thatdispute,
dispute,ororwhose
whosedismissal,
dismissal,
discharged
dischargedororretrenched
retrenchedinin and ineffective. Hence, dischasrge
dischasrgeororretrenchment
retrenchmenthas
hasled
led
connection
connectionwith,
with,ororasasaaconsequence
consequence this need to be deleted. totothat
thatdispute,
dispute,
of,
of,that
thatdispute,
dispute,ororwhose
whosedismissal,
dismissal,
dischasrge
dischasrgeororretrenchment
retrenchmenthas
hasled
led
totothat
thatdispute,
dispute,
 INDUSTRIAL DISPUTES ACT, 1947
SECTION 2 (A)
Dismissal, etc., of an individual workman to be deemed to be an Industrial dispute.

AFTER AMENDMENT
BEFORE AMENDMENT
4th
4thSub-section
Sub-sectionisisadded:-
added:-
Dismissal,
Dismissal,etc.,
etc.,ofofananindividual
individualworkman
workman
(4)
(4)Notwithstanding
Notwithstandinganything
anythingininsub-sections
sub-sections
totobebedeemed
deemedtotobebeananindustrial
industrialdispute:-
dispute:-
(1),(2)
(1),(2)and
and(3),
(3),no
nosuch
suchdispute
disputeorordifference
difference
Consists
Consistsofof3 3subsections
subsections which
whichdepicts
depicts It is, therefore, proposed between
betweenthat
thatworkman
workmanand
andhis
hisemployer
employer
no
notime
timelimit
limitprescribed
prescribedfor
forraising
raising that a time limit of connected
connectedwith,
with,ororarising
arisingout
outof,
of,such
suchdischarge,
discharge,
disputes
disputesconnected
connectedwith
withororarising
arising three years be provided for dismissal,
dismissal,retrenchment
retrenchmentorortermination
terminationshall
shallbe
be
out
outofofdischarge,
discharge,dismissal,
dismissal, deemed
raising the industrial disputes deemedtotobe
bean
anindustrial
industrialdispute
disputeififsuch
suchdispute
dispute
retrenchment
retrenchmentorortermination
terminationofofanan
covered under section 2A & the isisnot
notraised
raisedininconciliation
conciliationproceeding
proceedingwithin
withinaa
individual
individualworkman
workmanand
andsometimes
sometimes
time limit so prescribed could be period
periodofof22three
threeyears
yearsfrom
fromthe
thedate
dateofofsuch
such
Such
Suchdisputes
disputesare
areraised
raisedafter
aftera alapse
lapse
extended by the competent discharge,
discharge,dismissal,
dismissal,retrenchment
retrenchmentorortermination:
termination:
ofofmany
manyyears
yearswhich
whichcause
causedifficulties
difficulties
authority on Provided
Providedthat
thatan
anauthority,
authority,asas
ininsettlement
settlementofofdisputes.
disputes.
sufficient grounds may
maybe
bespecified
specifiedbybythe
theState
StateGovernment,
Government,
may
mayconsider
considertotoextend
extendthe
thesaid
saidperiod
periodofof
33years
yearswhen
whenthe
theapplicant
applicantworkman
workmansatisfies
satisfies
the
theauthority
authoritythat
thathe
hehad
hadsufficient
sufficientcause
causefor
fornot
not
raising
raisingthe
thedispute
disputewithin
withinthe
theperiod
periodofof33years.
years.
 INDUSTRIAL DISPUTES ACT, 1947
CHAPTER II (B)
Reference of certain individual disputes to grievance settlement authorities

BEFORE AMENDMENT AFTER AMENDMENT

Chapter
ChapterIIII(B)
(B)depicts
depictsReference
Referenceofofcertain
certain
Individual
Individualdisputes
disputestotoGrievances
Grievances Renumbered
RenumberedasasChapter
ChapterIIII(C).
(C).
Settlement
SettlementAuthorities
Authorities

CHAPTER 9 (C)
Setting up og Grievance settlement authorities and reference of certain
individual disputes to such authorities

BEFORE AMENDMENT AFTER AMENDMENT

Chapter
Chapter99(C)
(C)depicts
depictsSetting
Settingup
upofof
Grievance
GrievanceSettlement
Settlementauthorities
authorities&& Renumbered
RenumberedasasChapter
Chapter99(CC)
(CC)
reference
referenceofofcertain
certainindividual
individualdisputes
disputes
To
Tosuch
suchauthorities
authorities
 INDUSTRIAL DISPUTES ACT, 1947
Section 9 (D)
Application of Registration
BEFORE AMENDMENT AFTER AMENDMENT

Any
AnyUnion
Unionwhich
whichhas
hasfor
forthe
thewhole
wholeofof
Any
AnyUnion
Unionwhich
whichhas
hasfor
forthe
thewhole
wholeofof Because of existing limit,
the
theperiod
periodofofatatleast
leastthree
threemonths
months
the
theperiod
periodofofatatleast
leastthree
threemonths
months many unions may become eligible
during
duringthe
theperiod
periodofofsix
sixmonths
months
during
duringthe
theperiod
periodofofsix
sixmonths
months for making application for registration as
immediately
immediatelypreceding
precedingthe
thecalendar
calendar
immediately
immediatelypreceding
precedingthe
thecalendar
calendar representative union which may possibly
month
monthininwhich
whichititsosoapplies
appliesunder
underthis
this
month
monthininwhich
whichititsosoapplies
appliesunder
underthis
this increase inter union conflicts and also
section
sectionaamembership
membershipofofnot
notless
lessthan
than
section
sectionaamembership
membershipofofnot
notless
lessthan
than multiplicity of unions in an industry.
thirty
thirtyper
percent
centofofthe
thetotal
totalnumber
numberofof
fifteen
fifteenper
percent
centofofthe
thetotal
totalnumber
numberofof To minimize this possibility, it
workmen
workmenemployed
employedininunit
unitofofan
anindustry
industry
workmen
workmenemployed
employedininunit
unitofofan
anindustry
industry is proposed to increase membership
may
mayapply
applyininthe
theprescribed
prescribedform
formtotothe
the
may
mayapply
applyininthe
theprescribed
prescribedform
formtotothe
the from “fifteen per cent” to
Registrar
Registrarfor
forregistration
registrationasasaa
Registrar
Registrarfor
forregistration
registrationasasaa “thirty per cent”
representative
representativeUnion.
Union.
representative
representativeUnion.
Union.
 INDUSTRIAL DISPUTES ACT, 1947
CHAPTER V (B)
Special Provisions related to Lay-Off, Retrenchment & Closure in certain establishments

BEFORE AMENDMENT It is proposed vide this amendment AFTER AMENDMENT

to increase the number

Section Section
Section25
25(K)
(K)
Section25
25(K)
(K) of workmen from one hundred to three
APPLICATION
APPLICATIONOF
OFCHAPTER
CHAPTERV-B
V-B
APPLICATION
APPLICATIONOF
OFCHAPTER
CHAPTERV-B
V-B hundred, which would help and encourage
the employers to employ more number of
The
Theprovisions
provisionsofofthis
thisChapter
Chaptershall
shall
The
Theprovisions
provisionsofofthis
thisChapter
Chaptershall
shall Workers in the establishment.
apply
applytotoan
anindustrial
industrialestablishment
establishment
apply
applytotoan
anindustrial
industrialestablishment
establishment
However, if State Government is satisfied (not
(notbeing
beingan
anestablishment
establishmentofofaa
(not
(notbeing
beingan
anestablishment
establishmentofofaa
that maintenance of industrial peace or for seasonal
seasonalcharacter
characterororininwhich
whichwork
workisis
seasonal
seasonalcharacter
characterororininwhich
whichwork
workisis
prevention of victimization of workmen so performed
performedonly
onlyintermittently)
intermittently)ininwhich
which
performed
performedonly
onlyintermittently)
intermittently)ininwhich
which
requires, it could apply the provisions of not
notless
lessthan
thanthree
threehundred
hundredworkmen
workmen
not
notless
lessthan
thanone
onehundred
hundredworkmen
workmen
the Chapter VB to an industrial were
wereemployed
employedon
onan
anaverage
averageper
per
were
wereemployed
employedon
onan
anaverage
averageper
per
establishment in which less than working
workingday
dayfor
forthe
thepreceding
preceding
working
workingday
dayfor
forthe
thepreceding
preceding
three hundred but not less twelve
twelvemonths.
months.
twelve
twelvemonths.
months.
than one hundred
workmen are employed.
 INDUSTRIAL DISPUTES ACT, 1947
CHAPTER V (B)
BEFORE AMENDMENT AFTER AMENDMENT

Section
Section25
25(N)
(N) Section
Section25
25(N)
(N)
Clause
Clause(a)
(a)ofofSub-section
Sub-section(1)
(1) Clause
Clause(a)
(a)of
ofSub-section
Sub-section(1)
(1)
CONDITIONS
CONDITIONSPRECEDENT
PRECEDENTTO
TO CONDITIONS
CONDITIONSPRECEDENT
PRECEDENTTO
TO
RETRENCHMENT
RETRENCHMENTOF
OFWORKMEN
WORKMEN RETRENCHMENT
RETRENCHMENTOF
OFWORKMEN
WORKMEN

No
Noworkman
workmanemployed
employedininany
anyindustrial
industrial
establishment
establishmenttotowhich
whichthis
thisChapter
Chapter This
Thisclause
clausetotobe
bedeleted
deleted
applies,
applies,who
whohas
hasbeen
beeninincontinuous
continuous This amendment is being
service
servicefor
fornot
notless
lessthan
thanone
oneyear
year Processed to provide the
under
underan
anemployer
employershall
shallbe
beretrenched
retrenched financial security
bybythat
thatemployer
employeruntil
until:-:- to the workmen who affects
(a)the
(a)theworkman
workmanhas
hasbeen
beengiven
giventhree
three by the retrenchment.
months'
months'notice
noticeininwriting
writingindicating
indicating
the
thereasons
reasonsfor
forretrenchment
retrenchmentand
andthe
the
period
periodofofnotice
noticehas
hasexpired,
expired,ororthe
the
Workman
Workmanhas
hasbeen
beenpaid
paidininlieu
lieuofof
such
suchnotice,
notice,wages
wagesfor
forthe
theperiod
periodofof
the
thenotice;
notice;
 INDUSTRIAL DISPUTES ACT, 1947
Section 25 (O)
Procedure for closing down an undertaking

AFTER AMENDMENT
BEFORE AMENDMENT

Sub-section
Sub-section(8)
(8)
Sub-section
Sub-section(8)
(8)
Where
Wherean
anundertaking
undertakingisispermitted
permittedtoto
Where
Wherean
anundertaking
undertakingisispermitted
permittedtoto
be
beclosed
closeddown
downororwhere
wherepermission
permission
be
beclosed
closeddown
downororwhere
wherepermission
permission
for
forclosure
closureisisdeemed
deemedtotobe
begranted,
granted,
for
forclosure
closureisisdeemed
deemedtotobe
begranted,
granted, This amendment is being processed
every
everyworkman
workmanwho
whoisisemployed
employedininthat
that
every
everyworkman
workmanwho
whoisisemployed
employedininthat
that to provide payment of an amount
undertaking
undertakingimmediately
immediatelybefore
beforethe
the
undertaking
undertakingimmediately
immediatelybefore
beforethe
the equivalent to three month’s average pay,
date
dateofofapplication
applicationfor
forpermission
permission
date
dateofofapplication
applicationfor
forpermission
permission along with compensation on prescribed
under
underthis
thissection,
section,shall
shallbe
beentitled
entitled
under
underthis
thissection,
section,shall
shallbe
beentitled
entitled rates, must also be paid to
totoreceive
receivecompensation
compensationwhich
whichshall
shall
totoreceive
receivecompensation
compensationwhich
whichshall
shall the workers who are being affected by
be
beequivalent
equivalenttotofifteen
fifteendays'
days'average
average
be
beequivalent
equivalenttotofifteen
fifteendays'
days'average
average the closure of the establishment.
pay
payfor
forevery
everycompleted
completedyear
yearofof
pay
payfor
forevery
everycompleted
completedyear
yearofof
continuous
continuousservice
serviceororany
anypart
partthereof
thereof
continuous
continuousservice
serviceororany
anypart
partthereof
thereof
ininexcess
excessofofsix
sixmonths
monthsand
andan
anamount
amount
ininexcess
excessofofsix
sixmonths.
months.
equivalent
equivalenttotohis
histhree
threemonths
months
average
averagepay.
pay.
 INDUSTRIAL DISPUTES ACT, 1947
Schedule V (Unfair Labour Practices)
BEFORE AMENDMENT AFTER AMENDMENT

Part
PartIIII Part
PartIIII
Paragraph
Paragraph55 Paragraph
Paragraph55
Term "go slow" is included in
To
Tostage,
stage,encourage
encourageororinstigate
instigate For
Forthe
thepurpose
purposeofofthis
thisparagraph,
paragraph,
paragraph 5 of Part II of the
such
suchforms
formsofofcoercive
coerciveactions
actionsasas ‘go
‘goslow’
slow’means
meansany
anysuch
suchactivity
activitybyby
Fifth Schedule of the Act but the same
wilful
wilful"go
"goslow",
slow",squatting
squattingon
onthe
the any
anynumber
numberofofpersons,
persons,employed
employedinin
has not been defined, which
work
workpremises
premisesafter
afterworking
workinghours
hours any
anyindustry,
industry,acting
actinginincombination
combination
causes difficulty in disposal of
oror"gherao"
"gherao"ofofany
anyofofthe
themembers
members ororwith
withcommon
commonunderstanding,
understanding,totoslow
slow
matters relating to "go slow".
ofofthe
themanagerial
managerialororother
otherstaff.
staff. down
downorortotodelay
delaythe
theprocess
processofof
production
productionororwork
workpurposely
purposelywhether
whether
Therefore, for the purpose of removing
called
calledbybywork
worktotorule
ruleororbybyany
anyother
other
this difficulty, an explanation after the existing
name,
name,sosoasasthe
thefixed
fixedororaverage
averageoror
paragraph 5 of Part II of the Fifth
normal
normallevel
levelofofproduction
productionororwork
workoror
Schedule is proposed to be added to
output
outputofofworkman
workmanororworkmen
workmenofofthe
the
define the term "go slow"..
establishment
establishmentisisnot
notachieved:
achieved:
Provided
Providedthat
thatallallnecessary
necessaryingredients
ingredients
ororinputs
inputsfor
forstandard
standardquality
qualityproduction
production
ororwork
workare
aremade
madeavailable
availableinintime
timeand
and
ininsufficient
sufficientquantity.
quantity.
 contents
1. Contract Labour Act , 1970

2. Industrial Disputes Act, 1947

3. Factories Act, 1948

 Factories act, 1948
Section 2 (Interpretation)
BEFORE AMENDMENT AFTER AMENDMENT

Clause
Clause(m)
(m)of
ofsub-section
sub-section(i)
(i) Clause
Clause(m)
(m)of
ofsub-section
sub-section(i)
(i)
“Factory"
“Factory"means
meansany
anypremises
premisesincluding
including “Factory"
“Factory"means
meansany
anypremises
premisesincluding
including
the
theprecincts
precinctsthereof
thereof–– the
theprecincts
precinctsthereof
thereof––
(i)whereon
(i)whereonten
tenorormore
moreworkers
workersare
are (i)whereon
(i)whereontwenty
twentyorormore
moreworkers
workers
Because of the existing limit,
working,
working,ororwere
wereworking
workingon
onany
anyday
dayofof are
areworking,
working,ororwere
wereworking
workingon
onany
anyday
dayofof
small units are also covered under
the
thepreceding
precedingtwelve
twelvemonths,
months,and
andininany
any the
thepreceding
precedingtwelve
twelvemonths,
months,and
andininany
any
the definition of “factory”.
part
partofofwhich
whichaamanufacturing
manufacturingprocess
process part
partofofwhich
whichaamanufacturing
manufacturingprocess
process
Due to increase in manufacturing
isisbeing
beingcarried
carriedon
onwith
withthe
theaid
aidofofpower,
power, isisbeing
beingcarried
carriedon
onwith
withthe
theaid
aidofofpower,
power,
activities by small units in the State, the
ororisisordinarily
ordinarilysosocarried
carriedon,
on,oror ororisisordinarily
ordinarilysosocarried
carriedon,
on,oror
existing threshold limit of “ten” &
Clause
Clause(m)
(m)of
ofsub-section
sub-section(ii)
(ii) “twenty” is proposed to be amended by Clause
Clause(m)
(m)of
ofsub-section
sub-section(ii)
(ii)
(ii)
(ii)whereon
whereontwenty
twentyorormore
moreworkers
workersare
are “twenty” & “forty” respectively, (ii)
(ii)whereon
whereonforty
fortyorormore
moreworkers
workersare
are
working,
working,ororwere
wereworking
workingon
onany
anyday
dayofof so that establishing of small working,
working,ororwere
wereworking
workingon
onany
anyday
dayofof
the
thepreceding
precedingtwelve
twelvemonths,
months,and
andininany
any manufacturing units be promoted the
thepreceding
precedingtwelve
twelvemonths,
months,and
andininany
any
part
partofofwhich
whichaamanufacturing
manufacturingprocess
process resulting in creation of more part
partofofwhich
whichaamanufacturing
manufacturingprocess
process
isisbeing
beingcarried
carriedon
onwithout
withoutthe
theaid
aidofof employment opportunities for isisbeing
beingcarried
carriedon
onwithout
withoutthe
theaid
aidofof
power,
power,ororisisordinarily
ordinarilysosocarried
carriedon
on workers. power,
power,ororisisordinarily
ordinarilysosocarried
carriedon
on
 Factories act, 1948
SECTION 85
Power to apply the Act to certain premises

BEFORE AMENDMENT AFTER AMENDMENT

Clause
Clause(i)
(i)of
ofsub-section
sub-section(1)
(1) Clause
Clause(i)
(i)of
ofsub-section
sub-section(1)
(1)
The
TheState
StateGovernment
Governmentmay,
may,bybynotification
notification Due to increase in The
TheState
StateGovernment
Governmentmay,
may,bybynotification
notification
ininthe
theOfficial
OfficialGazette,
Gazette,declare
declarethat
thatallallororany
any Manufacturing activities by ininthe
theOfficial
OfficialGazette,
Gazette,declare
declarethat
thatallalloror
ofofthe
theprovisions
provisionsofofthis
thisAct
Actshall
shallapply
applytoto small units in the State, the any
anyofofthe
theprovisions
provisionsofofthis
thisAct
Actshall
shallapply
apply
any
anyplace
placewherein
whereinaamanufacturing
manufacturingprocess
process existing threshold limit of “ten” & To
Toany
anyplace
placewherein
whereinaamanufacturing
manufacturing
isiscarried
carriedon
onwith
withororwithout
withoutthe
theaid
aidofofpower
power “twenty” is proposed to be amended by process
processisiscarried
carriedon
onwith
withororwithout
withoutthe
the
ororisissosoordinarily
ordinarilycarried
carriedon,
on, “twenty” & “forty” respectively, aid
aidofofpower
powerororisissosoordinarily
ordinarilycarried
carriedon,
on,
notwithstanding
notwithstandingthat-
that- so that establishing of small notwithstanding
notwithstandingthat-
that-
(i)the
(i)thenumber
numberofofpersons
personsemployed
employedtherein
therein manufacturing units be promoted (i)the
(i)thenumber
numberofofpersons
personsemployed
employed
isisless
lessthan
thanten,
ten,ififworking
workingwith
withthe
theaid
aidofof resulting in creation of more therein
thereinisisless
lessthan
thantwenty,
twenty,ififworking
workingwith
with
power
powerand
andless
lessthan
thantwenty
twentyififworking
working employment opportunities for the
theaid
aidofofpower
powerand
andless
lessthan
thanforty,
forty,ifif
without
withoutthe
theaid
aidofofpower
power workers. Working
Workingwithout
withoutthe
theaid
aidofofpower,
power,
 Factories act, 1948
SECTION 105 {Sub-section - (1)}
Cognizance of offences

BEFORE AMENDMENT AFTER AMENDMENT

In order to maintain uniformity
No
NoCourt
Courtshall
shalltake
takecognizance
cognizanceofofany
any in smaller cases and No
NoCourt
Courtshall
shalltake
takecognizance
cognizanceofofany
any
offence
offenceunder
underthis
thisAct
Actexcept
excepton
oncomplaint
complaint transparency in implementation offence
offenceunder
underthis
thisAct
Actexcept
excepton
oncomplaint
complaint
by,
by,ororwith
withthe
theprevious
previoussanction
sanctionininwriting
writing the existing sub-section (1) of bybyan
anInspector
Inspectorwith
withthe
theprevious
previoussanction
sanction
of,
of,an
anInspector.
Inspector. section 105 is proposed to be ininwriting
writingbybythe
theState
StateGovernment
Government

amended to the effect that cognizance

of any offence shall be taken by the
Court on complaint made by an
Inspector after obtaining
previous sanction in writing from
the State Government.
 Factories act, 1948
New Section 106 B to be inserted
Compounding of offences

AFTER AMENDMENT

The
TheInspector
Inspectormay,
may,subject
subjecttotoany
anygeneral
generalororspecial
specialorder
orderofofthe
theState
StateGovernment
Governmentininthis
thisbehalf,
behalf,
compound
compoundany
anyoffence
offencepunishable
punishableunder
underthis
thisAct
Actwith
withfine
fineonly,
only,and
andcommitted
committedfor
forthe
thefirst
firsttime,
time,either
either
before
beforeororafter
afterthe
theinstitution
institutionofofthe
theprosecution,
prosecution,on
onrealization
realizationofofsuch
suchamount
amountofofcomposition
compositionfee
feeasashe
he
thinks
thinksfitfitnot
notexceeding
exceedingthe
themaximum
maximumamount
amountofoffine
finefixed
fixedfor
forthe
theoffence;
offence;and
andwhere
wherethe
theoffence
offenceisissoso
compounded,-
compounded,-
(i)(i)before
beforethe
theinstitution
institutionofofthe
theprosecution,
prosecution,the
theoffender
offendershall
shallnot
notbe
beliable
liabletotoprosecution,
prosecution,for
forsuch
suchoffence
offence
and
andshall,
shall,ififinincustody,
custody,be
beset
setatatliberty;
liberty;
(ii)
(ii)after
afterthe
theinstitution
institutionofofthe
theprosecution
prosecutionthe
thecomposition
compositionshall
shallamount
amounttotoacquittal
acquittalofofthe
theoffender.".
offender.".

Under the existing provisions of the Act, there is no provision

for compounding of offences, resulting in higher number of
prosecution cases. For speedy disposal of offences and to minimise
number of litigation, a new provision, i.e. section 106B is proposed
to be inserted for compounding of offences.
 contents
1. Contract Labour Act , 1970

2. Industrial Disputes Act, 1947

3. Factories Act, 1948

THANK
YOU