[33
OF 2023] [07th
August 2023] An Act further to amend the
Factories Act, 1948 in its application to the State of Karnataka. Whereas, it is expedient
further to amend the Factories Act, 1948 (Central Act LXIII of 1948) in its
application to the state of Karnataka for the purposes hereinafter appearing; Be it enacted by the
Karnataka State Legislature in the Seventy-fourth Year of the Republic of
India, as follows:- (1)
This Act may be called the Factories
(Karnataka Amendment) Act, 2023. (2)
It shall come into force at once. (i)
the existing provision shall be numbered as
sub-section (1); and (ii)
after sub-section (1) so numbered, the
following shall be inserted, namely:- "(2)
The State Government may by notification
in the official Gazette, extend the daily maximum hours of work specified in
this section up to twelve hours inclusive of interval for rest in any day,
subject to a maximum of forty eight hours in any week as specified in section
51, in respect of any group or class or description of factories on such
conditions as it may deem expedient, subject to the written consent of such
worker for such work, and the remaining days of the said week for the worker
shall be paid holidays." "(3)
The state government may by notification
extend the total number of hours of work of a worker without an interval to six
hours in respect of any group or class or description of factories on such
conditions as it may deem expedient due to the provision of flexibility in
working hours as specified in sub-section (2) of section 54." (i)
the existing provision shall be numbered as
sub-section (1); and (ii)
after sub-section (1) so numbered, the
following shall be inserted, namely:- "(2)
The State Government may by notification
in the Official Gazette increase the spread over up to 12 hours inclusive of
his intervals for rest in respect of any group or class or description of
factories on such conditions as it may deem expedient, due to the provision of
flexibility in working hours as specified in subsection (2) of section
54." "(1)
Where a worker works in any factory,- (i)
for more than nine hours in any day or for
more than forty eight hours in any week, working for six days in any week; (ii)
for more than ten hours in any day or for
more than forty eight hours in any week, working for five days in any week; (iii)
for more than eleven and a half hours in any
day working for four days in any week, or works on paid holidays-he shall in
respect of overtime work, be entitled to wages at the rate of twice his
ordinary rate of wages." (i)
in clause (iv), for the words "seventy
five" the words "one hundred and forty four hours" shall be
substituted; (ii)
after clause (iv) the following shall be
inserted, namely:- "(v)
a worker shall be required to work
overtime subject to the written consent of such worker for such work." "66.
Further restriction on employment of women.- The provisions of this
Chapter shall, in their application to women in factories, be supplemented by
the following further restrictions, namely:- (a)
no woman shall be required or allowed to work
in any factory except between the hours of 6 A.M. to 7 P.M: Provided that a woman may be
required or allowed to work in any factory between the hours of 7 P.M to 6 A.M
subject to the following conditions, namely:- (i)
It shall be the duty of the employer or other
responsible persons at the work places to prevent or deter the commission of
acts of sexual harassment and to provide the procedures for the resolution, statement
or prosecutions of acts of sexual harassment by taking all steps required; (ii)
Express prohibition of sexual harassment in
any form such as unwelcome sexually determined behaviour either directly or by
implication or advances or contact to gain contact or demand sexual favours or
make sexually coloured remarks or showing pornography or any other unwelcome
physic, verbal or non-verbal contact of sexual nature; (iii)
Provide appropriate working conditions in
respect of works, leisure, health and hygiene to further ensure that there is
no hostile environment towards women at workplaces and no woman employee should
have reasonable grounds to believe that she is disadvantaged in connection with
her employment; (iv)
The employer shall maintain a complaint
redressal mechanism in the factory itself and the said mechanism shall ensure
time-bound treatment of complaint. Such mechanism shall provide, when necessary
a Complaint Committee, a special counsellor or other support services including
the maintenance of confidentiality; (v)
The female employees shall be allowed to
raise issues of sexual harassment to workers in the workers meeting and other
appropriate forums; (vi)
The employer shall provide proper lighting
and CCTV coverage not only inside the factory, but also surrounding of the
factory and to all places where the female workers may move out of necessity in
the course of work. CCTV coverage shall be storage for not less than forty five
days; (vii)
The employer shall see that the women workers
are employed in a batch not less than ten; (viii)
Sufficient women security shall be provided
during the night shift at the entry as well as exit point; (ix)
Sufficient number of rest rooms shall be
provided for the female workers to arrive in advance and also leave after the
working hours; (x)
The employer shall provide transportation
facility to the women workers from their residence and back (for night shift)
and security guards (including female security guard) and each transportation
vehicle shall also be equipped with CCTV camera and GPS; (xi)
During night shift not less than 1/3rd of
strength of the supervisor shift in-charge or foreman or other supervisory
staff shall be women; (xii)
There shall be not less than twelve
consecutive hours of rest or gap between the last shifts and the night shift
wherever a women worker is changed from day shift to night shift and so also
from night shift to day shift; (xiii)
The establishment shall obtain Bio-data of
each driver and conduct pre-employment screening of the antecedents of all
drivers employed on their own. As regards the driver employed through
outsourcing, the company shall ensure to its satisfaction that the collection
of Bio-data and conduct preemployment screening of the antecedents of the
drivers is carried out by the service provider; (xiv) The
telephone number, particularly mobile phone numbers email ID and address of the
women employees shall not be disclosed to unauthorised persons; (xv)
Careful selection of routes shall be made in
such a way that no women employees shall be picked up first and dropped last;
and (xvi) It
shall not be made compulsory or obligatory for any women worker to work in
night shifts. Written consent shall be obtained from the women workers who are
interested to work in night shifts. (b)
There shall be no change of shifts except
after a weekly holiday or any other holiday."The Factories
(Karnataka Amendment) Act, 2023
In section 54 of the Factories Act, 1948 (Central Act LXIII of 1948)
(hereinafter referred to as the Principal Act),-
In section 55 of the Principal Act, after subsection (2), the following shall
be inserted, namely:-
In section 56 of the Principal Act,-
In section 59 of the Principal Act, for subsection (1), the following shall be
substituted, namely:-
In section 65 of the Principal Act, in subsection (3),-
For section 66 of the Principal Act, the following shall be substituted,
namely:-