3. 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.
4. 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.
5. 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.
6. 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.
7. 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) :
8. 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“.
Prescribed: means prescribed by rules made by the
Provincial Government under this Act.
9. 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.
10. (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.
11. 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.
12. 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
13. Certifying surgeons
The Provincial Government may appoint such
registered medical practitioners as within such local
limits as it may assign to them respectively.
14. 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
15. Safety of Workers
Employment 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.
16. 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)
17. 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 circumstances ( sec 48)
18. 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.
19. 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
20. 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
21. 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.
22. 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)