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Business Law

Institute Of Business &


Technology (BIZTEK)
Prepared for :Sir Asim Mehboob

Prepared by: Irfan Ahmed (BM-1119)


THE FACTORIES ACT, 1934
(1) This Act may be called the Factories Act,
1934.
(2) It extends to the whole of Pakistan.
(3) It shall come into force on the 1st day of
January 1935.
Definitions
Adolescent: means a person who has completed his fifteenth but
has not completed his seventeenth year.
Adult: means a person who has completed his seventeenth year.
Child: means a person who has not completed his fifteenth year.
Day: means a period of twenty-four hours beginning at mid-night.
Week: means a period of seven days beginning at mid-night on
Saturday night.
Power: means electric energy, and any other form of energy which
is mechanically transmitted and is not generated by human or
animal agency.
Manufacturing process: means any process for making,
altering, repairing, ornamenting, finishing or packing, or otherwise
treating any article or substance with a view to its use, sale,
transport, delivery or disposal, or for pumping oil, water or sewage,
or
for generating, transforming or transmitting power.
Manufacturing process: means any process for making, altering,
repairing, ornamenting, finishing or packing, or otherwise treating any
article or substance with a view to its use, sale, transport, delivery or
disposal, or for pumping oil, water or sewage, or
for generating, transforming or transmitting power.

Worker: means a person employed directly or through an agency


whether for wages or not in any manufacturing process, or in
cleaning any part of the machinery or premises used for a
manufacturing process.
Factory: means any premises, including the precincts thereof,
whereon ten or more workers are working, or were working on any
day of the preceding twelve months, and in any part of which a
manufacturing process is being carried on or is ordinarily carried on
with or without the aid of power, but does not include a mine, subject
to the operation of the Mines Act, 1923 (IV of 1923) :
Machinery: includes all plant whereby power is generated,
transformed, transmitted or applied.
Occupier: of a factory means the person who has ultimate control
over the affairs of the factory: Provided that where the affairs of a
factory are entrusted to a managing agent, such agent shall be
deemed to be the occupier of the factory ;
Relay & Shift: where work of the same kind is carried out by two or
more sets of workers working during different periods of the day, each
of such sets is called a "relay" and the period or periods for which it
works is called a "shift"; and
Prescribed: means prescribed by rules made by the Provincial
Government under this Act.
Seasonal factories
(1) A factory, which is exclusively engaged in one of the following
manufacturing processes, namely, cotton ginning, cotton or cotton jute
pressing, the decortication of groundnuts, the manufacture of coffee
indigo, lac, rubber, sugar (including gur) or tea or any of the aforesaid
processes, is a seasonal factory :

(2) The Provincial Government declare any specified factory in which


manufacturing processes are ordinarily carried on for more than one
hundred and eighty working days in the year and cannot be carried on
except during particular season or at times dependent on the irregular
action of natural forces, to be a seasonal factory for the purposes of this
Act.
Inspectors

The Provincial Government may, by notification in the Official Gazette,


appoint such persons as it thinks fit to be Inspectors for the purposes
of this
Act within such local limits as it may assign to them respectively.

Every District Magistrate shall be an Inspector for his district.


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

 Enter with such assistants (if any), being persons in the service of
any place which is or which used as a factory or capable of being
declared to be a factory under the provisions of section 5;
 Make such examination of the premises and plant and of any
prescribed registers, and take on the spot or otherwise such evidence
of persons as be may deem necessary for carrying out the
purposes of this Act;
 Exercise such other powers as may be necessary for carrying out
the purposes of this Act:
Certifying surgeons
The Provincial Government may appoint such registered medical
practitioners as within such local limits as it may assign to them
respectively.
Health and Safety

Cleanliness
Disposal of wastes & effluents
Ventilation & Temperature
Dust & Fumes
Artificial Humidification
Over crowding
Lighting
Drinking Water
Latrines & Urinals
Spittoons
Vaccination & Inculcation
Provision of Canteen
Welfare officer
Safety of Workers
Employment on on Dangerous Machines
Cutting of Power
Cotton opener
Precautions against Fire
Machinery in motion
Floor, stairs, & means of access
Pits and pumps
Precaution of eyes
Safety of worker
Explosive or inflammable gas
Prohibition of children
Shelter of rest.
Working Hours of Adults
Daily Hours: An adult worker shall allowed to
work in a factory for not more than 9 hours a
day. And 10 hours a day for seasonal factory.

Weekly Hours: A worker shall not be allowed


to work for more than 48 hours in a week
and for seasonal factory 50 hours in a week
shall be allowed to work for male adult worker If for technical reasons a
work continues throughout the day a worker may be allowed to work for
56 hours in a week (sec 34)

Interval for rest: If work continues for 6 hours than 1 after that interval
for one hours is given
If the work continues for hours in shifts than then after every 5 hours
30 minutes two intervals must be give to a worker.
Double employment: An adult worker is not allowed to work in another
factory except under few specified circum stances ( sec 48)

Over Time: If a worker has worked for more than 9 hours in day or 48
hours in a week he shall be entitled to pay at the rate twice his ordinary
rate of pay.
Child Worker Working
Hours
 No child who has not
completed his 14th
year shall be allowed to
work in any factory.
 Not be allowed to work for
more than 5 hours in a factory
 No child shall be allowed to work
except between 6a.m to 7p.m
 Children's are not allowed to work on
any cotton
opener., or can not work on dangerous
machines.
Proper register should be maintained
for children
Working hours of Women Worker
Women workers shall not be allowed to clean, lubricate, or
adjust any part of machinery (sec27)
They are not allowed to work in a place where cotton opener is
at work
A women shall not be allowed or required to work for more than
9 hours in a day(sec 36)
 A women shall be allowed to work between 6a.m to 10p.m
provided that transport is available (sec45)
A separate room for use of women where 50 or more women
worker is working
Holidays with Pay
Annual holidays: A Worker who has completed 12 months
continues services allowed for 14 days consecutives holidays with
full pay(sec49)

Casual Leave: Every worker shall be entitled casual leave for 10


days in a year

Sick leave: Sixteen days sick leave on half average pay in a year.

Festival holidays: Every worker shall be allowed with pay and all
declared festival holidays by provincial government.

Compensatory Holidays: When a worker is deprived of any of the


weekly holidays he shall be allowed holidays of equal number to
the holidays so lost(sec 35A)
THANK YOU

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