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FACTORIES ACT, 1948 (UTTAR PRADESH AMENDMENT)

FACTORIES ACT, 1948 (UTTAR PRADESH AMENDMENT)

FACTORIES ACT1948 (UTTAR PRADESH AMENDMENT)

Section 2 - Interpretation

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

[Uttar Pradesh

[16] [In Section 2 of the Factories Act1948 as amended in its application to Uttar Pradesh, hereinafter referred to as the principal Act, in clause (m),--

(i)     in sub-clause (i), for the words "ten or more", the words "twenty or more" shall be substituted;

(ii)    in sub-clause (ii), for the words "twenty or more", the words "forty or more" shall be substituted.]]

Section 64 - Power to make exempting rules

(1)     The State Government may make rules defining the persons who hold positions of supervision or management or are employed in a confidential position in a factory [17] [or empowering the Chief Inspector to declare any person, other than a person defined by such rules, as a person holding position of supervision or management or employed in a confidential position in a factory if, in the opinion of the Chief Inspector, such person holds such position or is so employed], and the provisions of this Chapter, other than the provisions of clause (b) of sub-section (1) of section 66 and of the proviso to that sub-section, shall not apply to any person so defined [18] [or declared]:

[19] [Provided that any person so defined or declared shall, where the ordinary rate of wages of such person [20] [does not exceed the wage limit specified in sub-section (6) of section 1 of the Payment of Wages Act, 1936 (4 of 1936), as amended from time to time], be entitled to extra wages in respect of, overtime work under section 59.]

(2)     The State Government may make rules in respect of adult workers in factories providing for the exemption, to such extent and subject to such conditions as may be prescribed--

(a)      of workers engaged on urgent repairs, from the provisions of sections 51, 52, 54, 55 and 56;

(b)      of workers engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working of the factory, from the provisions of sections 51, 54, 55 and 56;

(c)      of workers engaged in work which is necessarily so intermittent that the intervals during which they do not work while on duty ordinarily amount to more than the intervals for rest required by or under section 55, from the provisions of sections 51, 54, 55 and 56;

(d)      of workers engaged in any work which for technical reasons must be carried on continuously [21] [***] from the provisions of sections 51, 52, 54, 55 and 56;

(e)      of workers engaged in making or supplying articles of prime necessity which must be made or supplied every day, from the provisions of [22] [section 51 and section 52];

(f)       of workers engaged in a manufacturing process which cannot be carried on except during fixed sections, from the provisions of [23] [section 51, section 52 and section 54];

(g)      of workers engaged in a manufacturing process which cannot be carried on except at times dependent on the irregular action of natural forces, from the provisions of sections 52 and 55;

(h)     of workers engaged in engine-rooms or boiler-houses or in attending to power-plant or transmission machinery, from the provisions of [24] [section 51 and section 52];

[25] [(i) of workers engaged in the printing of newspapers, who arc held up on account of the breakdown of machinery, from the provisions of sections 51, 54 and 56.

Explanation.--In this clause the expression "newspapers'' has the meaning assigned to it in the Press and Registration of Books Act, 1867 (25 of 1867);

(j)    of workers engaged in the loading or unloading of railway wagons, [26] [or lorries or trucks] from the provisions of sections 51, 52, 54, 55 and 56];

[27] [(k) of workers engaged in any work, which is notified by the State Government in the Official Gazette as a work of national importance, from the provisions of section 51, section 52, section 54, section 55 and section 56.]

(3)     Rules made under sub-section (2) providing for any exemption may also provide for any consequential exemption from the provisions of section 61 which the State Government may deem to be expedient, subject to such conditions as it may prescribe.

[28] (4) In making rules under this section, the State Government shall not exceed, except in respect of exemption under clause (a) of sub-section (2) the following limits of work inclusive of overtime :--

(i)     the total number of hours of work in any day shall not exceed ten;

(ii)    the spread over, inclusive of intervals for rest, shall not exceed twelve hours in any one day:

Provided that the State Government may, in respect of any or all of the categories of workers referred to in clause (d) of sub-section (2), make rules prescribing the circumstances in which, and the conditions subject to which, the restrictions imposed by clause (i) and clause (ii) shall not apply in order to enable a shift worker to work the whole or part of a subsequent shift in the absence of a worker who has failed to report for duty;

[29] [(iii) the, total number of hours of work in a week, including overtime, shall not exceed sixty;]

[30] [(iv)] the total number of hours of overtime shall not exceed fifty for any one quarter,

Explanation.--"Quarter" means a period of three consecutive months beginning on the 1st of January, the 1st of April, the 1st of July or the 1st of October.]

(5)   Rules made under this section shall remain in force for not more than [31] [five years].

STATE AMENDMENT

[Uttar Pradesh

[32] [In Section 64 of the principal Act, in sub-section (4), in clause (iv) for the word "fifty", the words "one hundred" shall be substituted."

Section 65 - Power to make exempting orders

(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.

[33] [(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 .]

[34] [***]

[STATE AMENDMENTS

[Uttar Pradesh

[35] [In Section 65 of the principal Act, in sub-section (3), in clause (iv) for the words "seventy-five" the words "one hundred fifteen " shall be substituted.]

Section 66 - Further restrictions on employment of women

(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 [36] [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 [37] [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. :

[38] [(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

[Uttar Pradesh

[39] [In Section 66 of the principal Act, in sub-section (1), in clause (b) for the existing proviso, the following proviso shall be substituted, namely--

"Provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories vary the limits laid down in this clause and such variation may authorise the employment of any woman between the hours of 7 p.m. and 6 a.m. mentioning therein the provisions for the safety and facilities of the woman to be given to her." 

Section 106 - Limitation of prosecutions

No Court shall take cognizance of any offence punishable under this Act unless complaint thereof is made within three months of the date on which the alleged commission of the offence came to the knowledge of an Inspector:

Provided that where the offence consists of disobeying a written order made by an Inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed.

[40] [Explanation.--For the purposes of this section,--

(a)      in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues ;

(b)      where for the performance of any act time is granted or extended on an application made by the occupier or manager of a factory, the period of limitation shall be computed from the date on which the time so granted or extended expired.]

STATE AMENDMENT

[41]Uttar Pradesh :

After section 106, insert the following section.--

"106A. Compounding in offences.--The Inspector may, subject to any general or special order of the State Government in this behalf, compound any offences punishable under this Act with fine only, and committed for the first time, either before or after the institution of the prosecution, on realisation of such amount of composition fee as he thinks fit not  exceeding the maximum amount of fine fixed for the offence; and where the offence is so compounded,--

(i)     before the institution of the prosecution, the offender shall not be liable to prosecution, for such offence and shall, if in custody, be set at liberty;

(ii)    after the institution of the prosecution the composition shall amount to acquittal of the offender."

 

 

 

 

 

 

 



[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] Inserted by Factories (Uttar Pradesh Amendment) Act, 2017.

 

[17] Inserted by Act 94 of 1976, section 27 (w.e.f. 26-10-1976).

 

[18] Inserted by Act 94 of 1976, section 27 (w.e.f. 26-10-1976).

 

[19] Inserted by Act 94 of 1976, section 27 (w.e.f. 26-10-1976).

[20] Substituted by Act 20 of 1987, 21, for "does not exceed rupees seven hundred and fifty per month" (w.e.f. 1-12-1987).

[21] Omitted by Act 25 of 1954, section 15 for the words "throughout the day".

[22] Substituted by Act 94 of 1976, section 27 for "section 52" (w.e.f. 26-10-1976).

[23] Substituted by Act 94 of 1976, section 27 for "section 52" (w.e.f. 26-10-1976).        

[24] Substituted by Act 94 of 1976, section 27 for "section 52" (w.e.f. 26-10-1976).

[25] Added by Act 25 of 1954, section 15 (w.e.f. 7-5-194).

[26] Inserted by Act 94 of 1976, section 27 (w.e.f. 26-10-1976).

[27] Inserted by Act 94 of 1976, section 27 (w.e.f. 26-10-1976).

[28] Substituted by Act 25 of 1954, section 15, for sub-section (4) (w.e.f. 7-5-1954).

[29] Inserted by Act 94 of 1976, section 27 (w.e.f. 26-10-1976).

[30] Clause (iii) re-numbered as clause (iv) by act 94 of 1976, section 27 (w.e.f. 26-10-1976).

 

[31] Substituted by Act 94 of 1976, section 27, for "three years" (w.e.f. 26-10-1976).

[32] Substituted by Factories (Uttar Pradesh Amendment) Act, 2017.

[33] Substituted by Act 94 of 1976, section 28, for sub-section (3) (w.e.f. 26-10-1976.)

 

[34] Sub-section (4) omitted by Act 94 of 1976, section 28 (w.e.f. 26-10-1976).

 

[35] Substituted by Factories (Uttar Pradesh Amendment) Act, 2017.

 

[36] Substituted by Act 94 of 1976, section 29, for "employed in any factory" (w.e.f. 26-10-1976).

[37] Substituted by Act 94 of 1976, section 29, for "any class or description of factories" (w.e.f. 26-10-1976).

[38] Inserted by Act 25 of 1954, section 17 (w.e.f. 7-5-1954).

 

[39] Substituted by Factories (Uttar Pradesh Amendment) Act, 2017.

[40] Inserted by Act 94 of 1976, section 43 (w.e.f. 26-10-1976).          

[41] Vide Uttar Pradesh Act, 35 of 1979, section 4 (w.e.f. 21-12-1979).