In this Act,
unless there is anything repugnant in the subject or context,- (a)
"adult" means
a person who has completed his eighteenth year of age; (b) "adolescent" means a person who has completed his
fifteenth year of age but has not completed his eighteenth year; [1] [(bb) "calendar year" means the period of twelve months
beginning with the first day of January in any year;] (c) "child" means a person who has not completed his
fifteenth year of age; [2] [(ca) "competent person", in relation to any provision of
this Act, means a
person or an institution recognised as such by the Chief Inspector for the
purposes of carrying out tests, examinations and inspection required to be
done in a factory under the provisions of this Act having regard to- (i)
the
qualifications and experience of the person and facilities available at his
disposal; or (ii)
the
qualifications and experience of the persons employed in such institution and
facilities available therein, with regard to the conduct of such tests,
examinations and inspections, and more than one person or institution can be
recognised as a competent person in relation to a factory; (cb)
"hazardous process" means any process or activity in relation to
an industry specified in the First Schedule where, unless special care is
taken, raw materials used therein or the intermediate or finished products,
bye-products, wastes or effluents thereof would-- (i)
cause material
impairment to the health of the persons engaged in or connected therewith, or (ii)
result in the
pollution or the general environment: Provided that the State Government may, by
notification in the Official Gazette, amend the First Schedule by way of
addition, omission or variation of any industry specified in the said Schedule; (d)
''young
person" means a person who is either a child or an adolescent; (e)
"day" means
a period of twenty-four hours beginning at midnight: (f)
"week" means
a period of seven days beginning at midnight on Saturday night or such other
night as may be approved in writing for a particular area by the Chief
Inspector of Factories; (g)
"power" means
electrical energy or any other form of energy which is mechanically
transmitted and is not generated by human or animal agency; (h)
"prime
mover" means any engine, motor or other appliance which generates or
otherwise provides power; (i)
"transmission
machinery" means any shaft, wheel, drum, pulley, system of pulleys,
coupling, clutch, driving belt or other appliance or device by which the motion
of a prime mover is transmitted to or received by any machinery or appliance; (j)
"machinery"
includes prime movers, transmission machinery and all other appliances whereby
power is generated, transformed, transmitted or applied; (k) "manufacturing process" means any process for-- (i) making
altering, repairing, ornamenting, finishing, packing, oiling, washing,
cleaning, breaking up, demolishing, or otherwise treating or adapting any
article or substance with a view to its use, sale, transport, delivery or
disposal, or [3] [(ii) pumping oil, water, sewage or any other substance; or] (iii) ??generating, transforming or transmitting
power; or [4] [(iv) composing types for printing, printing by letter
press, lithography, photogravure or other similar process or
book binding;] [5]
[or] (v) constructing,
reconstructing, repairing, refitting, finishing or breaking up ships or
vessels; [6]
[or] [7] [(vi) preserving or storing any article in cold storage;] (l)
"worker"
means a person [8][employed,
directly or by or through any agency (including a contractor) with or without
the knowledge of the principal employer, whether for remuneration or not],
in any manufacturing process, or in cleaning any part of the machinery or
premises used for a manufacturing process, or in any other kind of work
incidental to, or connected with, the manufacturing process, or the subject of
the manufacturing process [9][but
does not include any member of the armed forces of the Union]; (m)
"factory" means
any premises including the precincts thereof- (i)
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
with the aid of power, or is ordinarily so carried on, or (ii)
whereon twenty
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
without the aid of power, or is ordinarily so carried on,-- but does not include a mine subject to the operation
of [10]
[the Mines Act, 1952 (35 of 1952)],
or [11]
[a mobile unit belonging to the armed forces of the Union, railway running shed
or a hotel), restaurant or eating place]. [12] [Explanation [13]
[I]--For computing the number of workers for the purposes of this clause all
the workers in [14]
[different groups and relays] in a day shall be taken into account;] [15] [Explanation II.--For the purposes of this clause,
the mere fact that an Electronic Data Processing Unit or
a Computer Unit is installed in any premises or part thereof, shall
not be construed to make it a factory if no manufacturing process is being
carried on in such premises or part thereof;] [STATE
AMENDMENTS [16] [Maharashtra.- In section 2, in clause (m),-- (a)
after the words
"restaurant or eating place", add the words "or a poly house or
green house engaged in the activity of floriculture or pomology or High Value
Crops". (b)
after
Explanation II, add the following Explanation, namely:-- "Explanation III.-For the purposes of
this clause, the term "High Value Crops" shall mean and include,- (i)
Plantation of
fruits, flowers and vegetables in green house or shed-net house; (ii)
Plantation of
exotic fruits, flowers and vegetables; (iii)
Plantation of
crops by use of bio-technology; (iv)
Plantation of
medicinal and aromatic plants and processing industry; (v)
Production of
mushroom and processing industry; (vi)
Production of
fruits by micro-drip irrigation by use of plastic and mulching; (vii)
Nurseries and
processing industry where vegetables are produced in a green house; (viii)
Nursery of
ornamental plants.] (c)
"occupier"
of a factory means the person who has ultimate control over the affairs of
the factory [17]
[***]. [18] [Provided that- (i)
in the case of
a firm or other association of individuals, any one of the individual partners
or members thereof shall be deemed to be the occupier; (ii)
in the case of
a company, any one of the directors shall be deemed to be the occupier; (iii)
in the case of
a factory owned or controlled by the Central Government or any State
Government, or any local authority, the person or persons appointed to manage
the affairs of the factory by the Central Government, the Stale Government or
the local authority, as the case may be, shall be deemed to be the occupier:] [19] [[20]
[Provided further that] in the case of a ship which is being repaired, or on
which maintenance work is being carried out, in a dry dock which is available
for hire,-- (1)
the owner of
the dock shall be deemed to be the occupier for the purposes of any matter
provided for by or under: (a)
section 6,
section 7, [21]
[section 7A, section 7B,] section 11 or section 12; (b)
section 17,
in so far as it relates to the providing and maintenance of sufficient and
suitable lighting in or around the dock; (c)
section 18,
section 19, section 42, section 46, section 47 or section 49, in relation to
the workers employed on such repair or maintenance; (2)
the owner of
the ship or his agent or master or other officer-in-charge of the ship or
any person who contracts with such owner, agent or master or other
officer-in-charge to carry out the repair or maintenance work shall
be deemed to be the occupier for the purposes of any matter provided
for by or under section 13, section 14, section 16 or
section 17 (save as otherwise provided in this proviso) or Chapter IV
(except section 27) or section 43, section 44 or
section 45, Chapter VI, Chapter VII, Chapter VIII or Chapter IX or
section 108, section 109 or section 110, in relation to-- (a)
the workers employed
directly by him, or by or through any agency; and (b)
the machinery,
plant or premises in use for the purpose of carrying out such repair or
maintenance work by such owner, agent, master or other officer-in-charge or
person; [22] [***] (p) "prescribed" means
prescribed by rules made by the State Government under this Act; [23] [***] (r) 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 [24]
["group" or "relay"] and each of such periods is called a
"shift". [25] [In Section 2 In clause (m),- (a)
after the words
"restaurant or eating place" the words and letter "or a poly
house or green house engaged in the activity of floriculture or pomology or High
Value Crops" shall be added; (b)
after
Explanation II, the following Explanation shall be added, namely:- Explanation III.-For the purposes of this clause, the
term "High Value Crops" shall mean and include,- (i)
Plantation of
fruits, flowers and vegetables in a green house or shed-net house; (ii)
Plantation of
exotic fruits, flowers and vegetables; (iii)
Plantation of
crops by use of bio-technology; (iv)
Plantation of
medicinal and aromatic plants and processing industry; (v)
Production of
mushroom and processing industry; (vi)
Production of
fruits by micro-drip irrigation by use of plastic and mulching; (vii)
Nurseries and
processing industry where vegetables are produced in a green house; (viii)
Nursery of
ornamental plants;".] [26] [In Section 2 In clause (m),-- (a)
in sub-clause
(i), after the words "whereon ten or more workers" the words "or
such number of workers as may be specified by the State Government by
notification, from time to time" shall be inserted; (b)
in sub-clause
(ii), after the words "whereon twenty or more workers" the words
"or such number of workers as may be specified by the State Government by
notification, from time to time" shall be inserted; (c)
after
sub-clause (ii), the following proviso shall be inserted, namely:-- "Provided that, the number of workers to be specified
by the State Government in sub-clauses (i) and (ii) shall not exceed twenty and
forty workers, respectively.".] (1)
Where the State
Government is satisfied that, owing to the nature of the work carried on or to
other circumstances, it is unreasonable to require that the periods of work of
any adult workers in any factory or class or description of factories should be fixed
beforehand, it may, by written order, relax or modify the provisions of section
61 in respect of such workers therein, to such extent and in such manner as it
may think fit, and subject to such conditions as it may deem expedient to
ensure control over periods of work. (2)
The State
Government or, subject to the control of the Stale Government, the Chief
Inspector may by written order exempt, on such conditions as it or he may deem
expedient, any or all of the adult workers in any factory or group or class or
description of factories from
any or all of the provisions of sections 51 , 52 , 54 and 56 on Ike ground that
the exemption is required to enable the factory or factories to deal with an exceptional press of work. [27] [(3) Any exemption granted under sub-section (2) shall be subject to
the following conditions, namely :-- (i)
the total
number of hours of work in any day shall not exceed twelve; (ii)
the spread
over, inclusive of intervals for rest, shall not exceed thirteen hours in any
one day; (iii)
the total
number of hours of work in any week, including overtime, shall not exceed
sixty; (iv) no worker shall be allowed to work overtime, for more than seven days at
a stretch and the total number of hours of overtime work in any quarter shall
not exceed seventy-five. Explanation.-In this sub-section
"quarter" has the same meaning as in sub-section (4) of section 64 .] [28] [***] [STATE AMENDMENTS [Maharashtra [29] [In Section 65 (a) for sub-section (2), the following sub-section shall be substituted,
namely:-- "(2) On such terms and conditions as may be
prescribed, any or all of the adult male workers in any factory or group or
class or description of factories may
be exempted from any or all of the provisions of sections 51, 52, 54 and 56 on
the ground that the exemption is required to enable the factory or factories to deal with an
exceptional press of work."; (b) in sub-section (3), in clause (iv), for the words "shall not exceed
seventy-five" the words "shall not exceed one hundred and
fifteen" shall be substituted.] (1)
The provisions
of this Chapter shall, in their application to women in factories, be supplemented by the
following further restrictions, namely:-- (a)
no exemption
from the provisions of section 54 may be granted in respect of any
woman; (b) no woman shall be [30]
[required or allowed to work in any factory] except between the hours
of 6A.M. and 7 P.M. : Provided that the State Government may, by
notification in the Official Gazette, in respect of [31]
[any factory or group or class or description of factories,] very the limits laid down in clause (b), but so that
no such variation shall authorize the employment of any woman between the hours
of 10 P.M. and 5 A.M. : [32] [(c) there shall be no change of shifts except after a weekly holiday
or any other holiday.] (2)
The State
Government may make rules providing for the exemption from the restrictions set
out in sub-section (1), to such extent and subject to such conditions as
it may prescribe, of women working in fish-curing or fish-canning factories, where the employment of
women beyond the hours specified in the said restrictions is necessary to
prevent damage to, or deterioration in, any raw material. (3) The rules made under sub-section (2) shall remain in force for not more
than three years at a time. [STATE AMENDMENTS [Maharashtra [33] [In Section 66 In sub-section (1), in clause (b), for the existing
proviso, the following proviso shall be substituted, namely:-- "Provided that, the women workers may be required
or allowed to work even between the hours of 7.00 p.m. and 6.00 a.m. in any
factory in which adequate safety and security measures or safeguards as may be
prescribed are provided;".] (1)
Every worker
who has worked for a period of 240 days or more in a factory during a
calendar year shall be allowed during the subsequent calendar year, leave with
wages for a number of days calculated at the rate of- (i)
if an adult,
one day for every twenty days of work performed by him during the previous
calendar year; (ii) if a child, one day for every fifteen days of work performed by him
during the previous calendar year. Explanation 1.--For the purpose of this
sub-section-- (a)
any days of lay
off, by agreement or contract or as permissible under the standing orders; (b)
in the case of
a female worker, maternity leave for any number of days not exceeding twelve
weeks; and (c)
the leave
earned in the year prior to that in which the leave is enjoyed, shall be deemed
to be days on which the worker has worked in a factory for the purpose of
computation of the period of 240 days or more, but he shall not earn
leave for these days. Explanation 2.--The leave
admissible under this sub-section shall be exclusive of all holidays whether
occurring during or at either end of the period of leave. (2) A worker whose service commences otherwise than on the first day of
January shall be entitled to leave with wages at the rate laid down in clause
(i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for
two-thirds of the total number of days in the remainder of the calendar year. [34] [(3) If a worker is discharged or dismissed from service or
quits his employment or is superannuated or dies while in service, during
the course of the calendar year, he or his heir or nominee, as the case
may be, shall be entitled to wages in lieu of the quantum of leave to
which he was entitled immediately before his discharge, dismissal, quitting of
employment, superannuating or death calculated at the rates specified in sub?section
(1) even if he had not worked for the entire period specified in sub-section
(1) or sub-section (2) making him eligible to avail of such leave, and
such payment shall be made-- (i)
where the
worker is discharged or dismissed or quits employment, before the expiry of the
second working day from the date of such discharge, dismissal or quitting; and (ii) where the worker is superannuated or dies while in service, before the
expiry of two months from the date of such superannuating or death.] (4) In
calculating leave under this section, fraction of leave of half a day or more
shall be treated as one full day's leave, and fraction of less than half a day
shall be omitted. (5) If
a worker does not in any one calendar year take the whole of the leave allowed
to him under sub-section (1) or sub-section (2), as the case may be, any
leave not taken by him shall be added to the leave to be allowed
to him in the succeeding calendar year : Provided that the total number of days of leave that
may be carried forward to a succeeding year shall not exceed thirty in the case
of an adult or forty in the case of a child : Provided further that a worker, who has applied for
leave with wages but has not been given such leave in accordance with any
scheme laid down in sub-sections (8) and (9) [35]
[or in contravention of sub-section (10)] shall be entitled to carry forward
the [36]
[leave refused] without any limit. (6) A
worker may at any time apply in writing to the manager of a factory not less
than fifteen days before the date on which he wishes his leave to begin,
to take all the leave or any portion thereof allowable to him during
the calendar year : Provided that the application shall be made not less
than thirty days before the date on which the worker wishes his leave to
begin, if he is employed in a public utility service as defined in clause (n)
of section 2 of the Industrial Disputes Act. 1947 (14 of 1947): Provided further that the number of times in which
leave may be taken during any year shall not exceed three. (7) If
a worker wants to avail himself of the leave with wages due to him to
cover a period of illness, he shall be granted such leave even if the
application for leave is not made within the time specified in sub-section (6);
and in such a case wages as admissible under section 81 shall be paid not later
than fifteen days, or in the case of a public utility service not later than
thirty days from the date of the application for leave. (8) For
the purpose of ensuring the continuity of work, the occupier or manager of the
factory, in agreement with the Works Committee of the factory constituted
under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee
constituted under any other Act or
if there is no such Works Committee or a similar Committee in the factory, in
agreement with the representatives of the workers therein chosen in the
prescribed manner, may lodge with the Chief Inspector a scheme in writing
whereby the grant of leave allowable under this section may be regulated. (9) A
scheme lodged under sub-section (8) shall be displayed at some conspicuous and
convenient places in the factory and shall be in force for a period of twelve
months from the date on which it comes into force, and may thereafter be
renewed with or without modification for a further period of twelve months at a
time, by the manager in agreement with the Works Committee or a similar
Committee, or as the case may be, in agreement with the representatives of the
workers as specified in sub-section (8), and a notice of renewal shall be sent
to the Chief Inspector before it is renewed. (10) An
application for leave which does not contravene the provisions of sub?section
(6) shall not be refused, unless refusal is in accordance with the scheme for
the time being in operation under sub-sections (8) and (9). (11) If
the employment of a worker who is entitled to leave under sub-section (1) or
sub-section (2), as the case may be, is terminated by the occupier before he
has taken the entire leave to which he is entitled, or if having applied for
and having not been granted such leave, the worker quits his employment,
before he has taken the leave, the occupier of the factory shall pay him
the amount payable under section 80 in respect of the leave not
taken, and such payment shall be made, where the employment of the worker is
terminated by the occupier, before the expiry of the second working day after
such termination, and where a worker who quits his employment, on or
before the next pay day. (12) The
unavailed leave of a worker shall not be taken into consideration in computing
the period of any notice required to be given before discharge or dismissal. [STATE AMENDMENTS [Maharashtra [37] [In Section 79 In sub-section (1),-- (a)
for the figures
and word "240 days" the figures and word "90 days" shall be
substituted; (b)
in Explanation
1, for the figures and word "240 days" the figures and word "90
days" shall be substituted.] (1)
The State
Government may, by notification in the Official Gazette, declare that all or
any of the provisions of this Act shall
apply to any place wherein a manufacturing process is carried on with or
without the aid of power or is so ordinarily carried on, notwithstanding that? (i)
the number of
persons employed therein is less than ten, if working with the aid of power and
less than twenty if working without the aid of power, or (ii) the persons working therein are not employed by the owner thereof but
are working with the permission of, or under agreement with, such owner: Provided that the manufacturing process is not being
carried on by the owner only with the aid of his family. (2) After a place is so declared, it shall be deemed to be a factory for the
purposes of this Act, and
the owner shall be deemed to be the occupier, and any person working therein, a
worker. Explanation.--For the purposes of this section,
"owner" shall include a lessee or mortgage with possession of the
premises. [STATE AMENDMENTS [Maharashtra [38] [In Section 85 In sub-section (1), in clause (i),-- (a)
after the words
"less than ten" the words "or such number of workers as may be
specified by the State Government under sub-clause (i) of clause (m) of section
2" shall be inserted; (b)
after the words
"less than twenty" the words " or such number of workers as may
be specified by the State Government under sub-clause (ii) of clause (m) of
section 2, " shall be inserted.] Save as is otherwise expressly provided in this Act and subject to the provisions
of section 93 , if in, o r in respect of, any factor there is any contravention
of any of the provisions of this Act or
of any rules made there under or of any order in writing given there under, the
occupier and manager of the factory shall each be guilty of an offence and
punishable with imprisonment for a term which may extend to [39] [two years] or with fine which may extend to [40] [one lakh rupees] or with both, and if the contravention is
continued after conviction, with a further fine which may extend to [41] [one thousand rupees] for each day on which the contravention is
so continued: [42] [Provided that where contravention of any of the provisions of
Chapter IV or any rule made there under or under section 87 has resulted in an
accident causing death or serious bodily injury, the fine shall not be less
than
[43] [twenty-five thousand rupees] in the case of an accident causing
death, and
[44] [five thousand rupees] in the case of an accident causing serious
bodily injury. Explanation.--In this section and in section 94
"serious bodily injury" means an injury which involves, or in all
probability will involve, the permanent loss of the use of, or permanent injury
to, any limb or the permanent loss of, or injury to, sight or hearing, or the
fracture of any bone, but shall not include, the fracture of bone or joint (not
being fracture of more than one bone or joint) of any phalanges of the hand or
foot.] [STATE AMENDMENTS [Maharashtra [45] [After Section 92 The following section shall be inserted, namely:-- "92A. Compounding of certain offences (1) The State Government may, by notification in the Official Gazette,
prescribe in respect of the offences specified in the Fourth Schedule, which
may before the institution of the prosecution, be compounded by such officer
not below the rank of Deputy Chief Inspector of Factories and for such amount as may be prescribed but the
amount of fine shall not be more than the fine prescribed under section 92: Provided that, the State Government may, by
notification in the Official Gazette, amend the Fourth Schedule by way of
addition, omission or variation of any offence specified in the said Schedule. (2) Where an offence has been compounded under sub-section (1), no further
proceedings shall be taken against the offender in respect of such
offence.".] (1)
No Court shall
take cognizance of any offence under this Act except on complaint by, or with the previous sanction in writing
of, an Inspector. (2)
No Court below
that of a Presidency Magistrate or of a Magistrate of the first class shall try
any offence punishable under this Act. [STATE AMENDMENTS [Maharashtra [46] [In Section 105 In sub-section (1), for the words "an Inspector"
the words "the Chief Inspector" shall be substituted.] [47] [ THE FIRST SCHEDULE ] [See section 2 (cb)] LIST OF INDUSTRIES INVOLVING
HAZARDOUS PROCESSES 1.
Ferrous
Metallurgical industries --Integrated Iron and Steel --Ferrow-alloys --Special Steels 2.
Non-ferrous
Metallurgical Industries - -Primary Metallurgical Industries, namely, size,
lead, copper, manganese and aluminium 3.
Foundries
(ferrous and non-ferrous) --Castings and forgings including cleaning or
smoothening/roughening by sand and shot blasting 4.
Coal (including
coke) industries --Coal Lignite, coke, e tc. --Fuel Gases (including Coal Gas, Producer Gas, Water
Gas) 5.
Power
Generating Industries 6.
Pulp and paper
(including paper products) industries 7.
Fertiliser
Industries --Nitrogenous --Phosphatic --Mixed 8.
Cement
Industries --Portland Cement (including slag cement, puzzolona
cement and their products) 9.
Petroleum
industries --Oil Refining --Lubricating Oils and Greases 10.
Petro -
chemical Industries 11. Drugs and Pharmaceutical Industries --Narcotics, Drugs and Pharmaceutical 12.
Fermentation
Industries (Distilleries and Breweries) 13.
Rubber
(Synthetic Industries) 14.
Paints and
Pigment Industries 15.
Leather Tanning
Industries 16.
Electroplating
Industries 17. Chemical Industries --Coke Oven B y-products and Coal tar Distillation
products --Industrial Gases (nitrogen, oxygen, acetylene,
argon, carbon dioxide, hydrogen, sulphur dioxide, nitrous oxide halogenated
hydrocarbon, ozone, etc. --Industrial Carbon -- Alkalies and Acids --Chromates and dichromates --Leads and its compounds --Electro chemicals (metallic sodium, potassium and
magnesium, chlorates, perchlorates and peroxides) --Electro thermal produces (artificial abrasive,
calcium carbide) --Nitrogenous compounds (cyanides, cyanamides, and
other nitrogenous compounds) --Phosphorous and its compounds --Halogens and Halogenated compounds (Chlorine,
Fluorine, Bromine and Iodine) --Explosives (including industrial explosives and
detonators and fuses) 18.
Insecticides,
Fungicides, Herbicides and other Pesticides Industries 19.
Synthetic Resin
and Plastics 20.
Man-made Fiber
(Cellulosic and non-cellulosic) industry 21.
Manufacture and
repair of electrical accumulators 22.
Glass and
Ceramics 23.
Grinding or
glazing of metals 24.
Manufacture,
handling and processing of asbestos and its products 25.
Extraction of
oils and fats from vegetable and animal sources 26.
Manufacture,
handling and use of benzene and substances containing benzene 27.
Manufacturing
processes and operations involving carbon disulphide 28.
Dyes and
Dyestuff including their intermediates 29. Highly flammable liquids and gases. [STATE AMENDMENTS [Maharashtra [48] [After Schedule III The following SCHEDULE shall be added, namely:-- "THE FOURTH SCHEDULE (See section 92A) List of Compoundable Offences Serial number Section and rules framed there under and orders
issued there under Nature of offence (1) (2) (3) 1. Section 11 -
Cleanliness . Not maintaining cleanliness as per the provisions. 2. Section 18 -
Drinking water . Not providing and maintaining arrangements for
drinking water as per the provisions. 3. Section 19 - Latrines and urinals . Not providing latrine and urinal accommodation as
per the provisions. 4. Section 20 -
Spittoons . (a) Not providing the spittoons as per the
provisions. (b) Spitting in contravention of sub-section (3) of
section 20. 5. Section 42 - Washing facilities . Not providing and maintaining washing facilities as
per the provisions. 6. Section 43 - Facilities for storing and drying of
wet clothing. Not providing facilities as per the provisions. 7. Section 44 - Facilities for sitting . Not providing facilities as per the provisions. 8. Sub-sections (1), (2) and (3) of section 45 -
First-aid appliances. Not providing and maintaining first-aid appliances
as per the provisions. 9. Section 46 -
Canteens . Not providing and maintaining canteen as per the
provisions. 10. Section 47 - Shelters, rest rooms and lunch rooms . Not providing and maintaining shelters, rest rooms
and lunch rooms as per the provisions. 11. Section 48 -
Creches . Not providing and maintaining creches as per the
provisions. 12. Section 50 - Power to make rules to supplement
Chapter V. Not complying with the rules framed under section
50. 13. Sub-section (2) of section 53-Compensatory Holidays. Not displaying the notice and not maintaining the
register for compensatory holiday. 14. Sub-section (5) of section 59 - Extra wages for
overtime. Not maintaining the prescribed registers. 15. Section 60 - Restriction on double employment . Allowing a worker a double employment on any day. 16. Section 61 - Notice of periods of work for adults . Not complying with the provisions. 17. Section 62 - Register of adult workers . Not maintaining register as per the provisions. 18. Section 63 - Hours of work to correspond with notice
under section 61. Not complying with the provisions. 19. Section 64 - Power to make exempting rules . Not complying with the rules framed under section
64. 20. . Not complying with the orders issued under section
65. 21. . Not complying with the provisions. 22. Section 80 - Wages during leave period . Not complying with the provisions. 23. Section 81 - Payment in advance in certain cases . Not complying with the provisions. 24. Section 82 - Mode of recovery of unpaid wages . Not complying with the provisions. 25. Section 83 - Power to make rules . Not maintaining registers as per rules and not
complying with the provisions. 26. Section 84 - Power to exempt factories . Not complying with the conditions specified in the
exempting order. 27. Section 93 - Liability of owner of premises in
certain circumstances. Not complying with the provisions contained in
sub-section (1) and clauses (i) and (vi) of sub-section (3). 28. Section 97 - Offences by workers . Not complying with the provisions. 29. Section 108-Display of notices. Not complying with the provisions. 30. Section 110-Returns. Not complying with the provisions. 31. Section 111 - Obligation of workers. Not complying with the provisions. 32. Section 111A - Right of workers, etc . Denial of rights of workers. 33. Section 114 - No charge for facilities and
conveniences. Demanding charge from worker for providing any
facility under the Act.".] [1]
Inserted by Act 25 of 1954, section 2 (w.e.f. 7-5-1954). [2]
Inserted by Act 20 of 1987, section 2 (w.e.f. 1-12-1987). [3]
Substituted by Act 94 of 1976, section 2, for Sub-clause (ii) of clause (ii)
(w.e.f. 26-10-1976). [4]
Substituted by Act 25 of 1954, section 2, for sub-clause (iv) (w.e.f.
7-5-1954). [5]
Inserted by Act 94 of 1976, section 2, (w.e.f. 26-10-1976). [6]
Inserted by Act 94 of 1976, section 2, (w.e.f. 26-10-1976). [7]
Inserted by Act 94 of 1976, section 2, (w.e.f. 26-10-1976). [8]
Substituted by Act 94 of 1976, section 2, for Sub-clause (ii) of clause (ii)
(w.e.f. 26-10-1976). [9]
Inserted by Act 20 of 1987, section 2 (w.e.f. 1-12-1987). [10]
Substituted by Act 25 of 1954, section 2, for "the Indian Mines Act, 1923 (4 of 1923)" [11]
Substituted by Act 94 of 1976, section 2, for " a railway running
shed" (w.e.f. 26-10-1976). [12]
Inserted by Act 94 of 1976, section 2, (w.e.f. 26-10-1976). [13]
Explanation numbered as Explanation I by Act 20 of 1987, section 2 (w.e.f.
1-12-1987). [14]
Substituted by Act 20 of 1987, section 2 for "different relays"
(w.e.f. 1-12-1987). [15]
Inserted by Act 20 of 1987, section 2 (w.e.f. 1-12-1987). [16]
Vide the Factories (Maharashtra
Amendment) Act, 2006
(Maharashtra Act 28 of
2006), sec. 2 (w.e.f. 1-8-2006). [17]
Certain words omitted by Act 20 of 1987, section 2, (w.e.f. 1-12-1987). [18]
Inserted by Act 20 of 1987, section 2 (w.e.f. 1-12-1987). [19]
Inserted by Act 20 of 1987, section 2 (w.e.f. 1-12-1987). [20]
Substituted by Act 20 of 1987, section 2, for "Provided that"
(w.e.f. 1-12-1987). [21]
Clause (q) omitted by Act A. O. 1950. [22]
Clause (o) omitted by Act 20 of 1987, section 2 (w.e.f. 1-12-1987). [23]
Clause (q) omitted by Act A. O. 1950. [24]
Substituted by Act 20 of 1987, section 2 for "relay" (w.e.f.
1-12-1987). [25]
Added by Factories (Maharashtra
Amendment) Act, 2006. [26]
Inserted by Factories (Maharashtra Amendment) Act, 2015. [27]
Substituted by Act 94 of 1976, section 28, for sub-section (3) (w.e.f.
26-10-1976.) [28]
Sub-section (4) omitted by Act 94 of 1976, section 28
(w.e.f. 26-10-1976). [29]
Substituted by Factories (Maharashtra Amendment) Act, 2015. [30]
Substituted by Act 94 of 1976, section 29, for "employed in any
factory" (w.e.f. 26-10-1976). [31]
Substituted by Act 94 of 1976, section 29, for "any class or
description of factories"
(w.e.f. 26-10-1976). [32]
Inserted by Act 25 of 1954, section 17 (w.e.f. 7-5-1954). [33]
Substituted by Factories (Maharashtra Amendment) Act, 2015. [34]
Substituted by Act 94 of 1976, section 32, for sub-section (3) (w.e.f.
26-10-1976). [35]
Inserted by Act 94 of 1976, section 32 (w.e.f. 26-10-1976). [36]
Substituted by Act 94 of 1976, section 32, for "unavailed leave"
(w.e.f. 26-10-1976). [37]
Substituted by Factories (Maharashtra Amendment) Act, 2015. [38]
Substituted by Factories (Maharashtra Amendment) Act, 2015. [39]
Substituted by Act 20 of 1987, section 30, for "three months"
(w.e.f. 1-12-1998). [40]
Substituted by Act 20 of 1987, section30, for "two thousand
rupees" (w.e.f. 1-12-1987). [41]
Substituted by Act 20 of 1987, section 30, for "seventy-five
rupees" (w.e.f. 1-12-1987). [42]
Inserted by Act 94 of 1976, section 40 (w.e.f. 26-10-1976). [43]
Substituted by Act 20 of 1987, section 30, for "one thousand
rupees" (w.e.f. 1-12-1987). [44]
Substituted by Act 20 of 1987, section 30, for "five hundred
rupees" (w.e.f. 1-12-1987). [45]
Inserted by Factories (Maharashtra Amendment) Act, 2015. [46]
Substituted by Factories (Maharashtra Amendment) Act, 2015. [47]
Inserted by Act 20 of 1987, section 45 (w.e.f. 1-12-1987). [48]
Added by Factories (Maharashtra
Amendment) Act, 2015.FACTORIES ACT, 1948 (MAHARASHTRA AMENDMENT)