CONTENTS CHAPTER I. PRELIMINARY 1 Short title, extent and commencement. 2 Definitions. 3 References to time of day. 4 Seasonal factories. 5 Power to apply provisions applicable to factories to certain other places. 6 Power to declare departments to be separate factories. 7 Power to exempt on a change in the factory. 7 A Exemption from Certain provisions of the Act. 8 Power to exempt during public emergency. 9 Notice to Inspector before commencement of work. CHAPTER II. THE INSPECTING STAFF 10 Inspectors. 11 Powers of Inspector. 12 Certifying surgeons. 13 Cleanliness. CHAPTER III. HEALTH AND SAFETY 14 Disposal of wastes and effluents. 15 Ventilation and temperature. 16 Dust and fume. 17 Artificial humidification. 18 Overcrowding. 19 Lighting. 20 Drinking water. 21 Latrines and urinals. 22 Spittoons. 23 Precaution against contagious or infectious disease. 23 A Compulsory vaccination and inoculation. 24 Power to make rules for the provision of canteens. 24 A Welfare Officers. 25 Precautions in case of fire. 26 Fencing of machinery. 27 Work on or near machinery in motion. 28 Employment of young persons on dangerous machines. 29 Striking gear and devices for cutting off power. 30 Selfacting machines. 31 Casing of new machinery. 32 Prohibition of employment of women and children near cotton openers. 33 Cranes and other lifting machinery. 33 A Hoists and lifts. 33 B Revolving machinery. 33 C Pressure plant. 33 D Floors, stairs and means of access. 33 E Pits, sumps, opening, in floors, etc. 33 F Excessive weights. 33 G Protection of eyes. 33 H Powers to require specifications of defective parts or tests of stability. 33 I Safety of building, machinery and manufacturing process. 33 J Power to make rules to supplement this Chapter. 33 K Precautions against dangerous fumes. 33 L Explosive or inflammable dust, gas, etc. 33 M Power to exclude children. 33 N Notice of certain accidents. 33 P Appeals. 33 Q Additional power to make health and safety rules relating to shelters during rest. CHAPTER IV. RESTRICTIONS ON WORKING HOURS OF ADULTS 34 Weekly hours. 35 Weekly holiday. 35 A Compensatory holidays. 36 Daily hours. 37 Intervals for rest. 38 Spread over. 39 Notice of Periods for work for Adults and preparation thereof. 40 Copy of Notice of Periods for Work to be sent to Inspector. 41 Register of Adult Workers. 42 Hours of work to correspond with Notice under section 39 and Register under section 41. 43 Powers to make rules exempting from restrictions. 44 Power to make orders exempting from restrictions. 45 Further restrictions on the employment of women. 46 Special provision for nightshifts. 47 Extra pay for overtime. 48 Restriction on double employment. 49 Control of overlapping shifts. 49 A Application of Chapter. 49 B Annual holidays. 49 C Pay during annual holidays. 49 D Payment when to be made. CHAPTER IV A HOLIDAYS WITH PAY 49 E Power of Inspector to act for worker. 49 F Power to make rules. 49 G Exemption of factories from the provisions of this Chapter. 49 H Casual leave and sick leave. 49 I Festival holidays. CHAPTER V. SPECIAL PROVISIONS FOR ADOLESCENTS AND CHILDREN 50 Prohibition of employment of young children. 51 Non adult workers to carry tokens giving reference to certificates of fitness. 52 Certificates of fitness. 53 Effect of certificate granted to adolescent. 54 Restrictions on the working hours of a child. 55 Notice of Periods for Work for Children. 56 Register of Child Workers. 57 Hours of work to correspond with Notice and Register. 58 Power to require medical examination. 59 Power to make rules. 59 A Provisions to be in addition to Act XXVI of 1938. CHAPTER VI PENALTIES AND PROCEDURE 60 Penalty for contraventions of Act and rules. 61 Enhanced penalty in certain cases after previous conviction. 62 Penalty for failure to give notice of commencement of work or of change of manager. 63 Penalty for obstructing Inspector. 64 Penalty for failure to give notice of accidents. 65 Penalty for failure to make returns. 66 Penalty for smoking or using naked light in vicinity of inflammable material. 67 Penalty for using false certificate. 68 Penalty on guardian for permitting double employment of a child. 69 Penalty for failure to display certain notices. 70 Determination of "occupier" for purposes of this Chapter. 71 Exemption of occupier or manager from liability in certain cases. 72 Presumption as to employment. 73 Evidence as to age. 74 Cognizance of offences. 75 Limitation of prosecutions 76 Display of factory notices. CHAPTER VII SUPPLEMENTAL 77 Power of Provincial Government to make rules 78 [Repealed.] 79 Publication of rules. 80 Application to Government factories. 81 Protection to persons acting under this Act. 82 [Repealed.] THE SCHEDULE. [Repealed.]
2 [(2) It extends to the whole of Pakistan].
It shall come into force on the 1st day of January, 1935. 1 For Statement of Objects and Reasons, see Gazette of India 1933, Pt. V, pp. 175 and 176; and for Report of Select Committee, see ibid., 1934, Pt. V, pp.44 and 45. The Act has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in N.W.F.P., subject to certain modifications, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950, and extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect from such date and subject to such modifications as may be notified, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. The Act in its application in the Punjab has been amended by Factories (Punjab Amdt.) Act, 1940 (Punjab 7 of 1940), in N.W.F.P., by the Factories (NorthWest Frontier Province Amdt.) Act, 1940 (N.W.F.P.7 of 1947), This Act has been extended to the (i) Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O.3 of 1950); and also applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt.I, p.1499; (ii) Baluchistan States Union, see the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G.G.O.4 of 1953), as amended; (iii) Khairpur State, see G.G.O.5 of 1953, as amended; and (iv) State of Bahawalpur by the Bahawalpur (Extension of Federal Laws) Order, 1953 (G.G.O.11 of 1953), as amended. The Act has been and shall be deemed to have been brought into force in Gwadur (with effect from the 18 th September, 1958), by the Gwadur (Application of Central Laws) Ordinance, 1960 (37 of 1960),s.2. The Act has been applied to the Provincially Administered Tribal Areas or to the parts or those areas to which it does not already, apply see Regulation No. I of 1972, s.2 and Sch. 2 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960) s.3 and 2 nd Sch., (with effect from the 14 th October, 1955), for the original subsection (2) as amended by A.O., 1949, and the Federal Laws(Revision and Declaration) Act, 1951 (26 of 1951), s.8.
‑ ‑ 1 [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, or in any other kind of work whatsoever incidental to or connected with the manufacturing process or connected with the subject of the manufacturing process, but does not include any person solely employed in a clerical capacity in any room or place where no manufacturing process is being carried on; 2 [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 3 [or is ordinarily carried on whether 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 ). 1 Ins., by the Factories (Amdt) Act, 1973 (16 of 1973), s. 2 (w.e. f. 7 th February, 1973). 2 Subs., ibid for “twenty”, 3 Subs., ibid., for certain words. 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; 1 [Provincial Government] under this Act.
2 * * * 3 * *, to 4 * Standard Time, which is five 4 * * * hours ahead of Greenwich Mean Time, 5 * 6 * * * * * * * Provided that for any area 7 * * * in which 4 * Standard Time is not ordinarily observed the 8 [Provincial Government] may make rules (iii) permitting such time to be observed in all or any of the factories situated in the area. 1 Subs. by A. O., 1937, for “L. G.”. 2 The brackets, letter and words “(a) in British India” omitted by A. O., 1949, (w. e. f. 28 th March, 1949). 3 The words “excluding Burma” omitted by A. O., 1937. 4 The words “Indian” and “and a half” omitted by the Factories (Amdt.) Act, 1973 (16 of 1973) (w. e. f. 7 th Feburary, 1973), s. 3. 5 The word “and” omitted by A.O., 1949. 6 Clause (b) omitted by A.O., 1937. 7 The words “in British India” omitted by A. O. 1949. 8 Subs. by A.O., 1937, for “L.G.”.
Provided that the 1 [Provincial Government] may, by notification in the 2 [official Gazette], declare any such factory in which manufacturing processes are ordinarily carried on for more than one hundred and eighty working days in the year, not to be a seasonal factory for the purposes of this Act.
The 1 [Provincial Government] may, by notification in the 2 [official Gazette], declare any specified factory in which manufacturing processes are ordinarily carried on for not more than one hundred and eighty working days in the year and cannot be carried on except during particular seasons or at times dependent on the irregular action of natural forces, to be a seasonal factory for the purposes of this Act. 4 [five] or more workers are working therein or have worked therein any one day of the twelve months immediately preceding.
A notification under sub ‑
Notwithstanding anything contained in clause (j) of section 2, a place, to which all or any of the provisions of this Act applicable to factories are for the time being applicable in pursuance of a declaration under sub ‑
1 [Provincial Government] may, by order in writing, direct that the different departments or branches of a specified factory shall be treated as separate factories for all or any of the purposes of this Act.
1 [Provincial Government] is satisfied that, following upon a change of occupier of a factory or in the manufacturing processes carried on therein, the number of workers for the time being working in the factory is less than twenty and is not likely to be twenty or more on any day during the ensuing twelve months, it may, by order in writing, exempt such factory from operation of this Act: Provided that any exemption so granted shall cease to have effect on and after any day on which twenty or more workers work in the factory. 1 Subs.by A. O., 1937, for “L.G.”. 2 Subs. ibid. for “local official Gazette”. 3 Subs. by the Factories (Amdt.) Act, 1941 (16 of 1941), s. 2, for the original section 5. 4 Subs. by the Factories (Amdt.) Act 16 of 1973, s. 4, for “ten”. ‑
Provided that the Provincial Government may, by notification in the official Gazette, apply all or any of the said provisions to any such factory or any class of such factories.]
2 [Provincial Government] may, by notification in the 3 [official Gazette], exempt any factory from any or all of the provisions of this Act for such period as 4 [it] may think fit.
‑ 5 * 6 [and 7 [(1 ‑ A) In respect of all factories which come within the scope of this Act for the first time on the commencement of the Factories (Amendment) Ordinance, 1972 (XLII of 1972) the occupier shall send a written notice to the Inspector containing particulars specified in sub ‑
Whenever another person is appointed as manager, the occupier shall send to the Inspector a written notice of the change, within seven days from the date in which the new manager assumes charge.
During any period for which no person has been designated as manager of a factory under this section, or during which the person designated does not manage the factory, any person found acting as manager, or, if no such person is found, the occupier himself, shall be deemed to be the manager of the factory for the purposes of this Act. 1 Ins. by the Factories (Amdt.) Act, 1973 (16 of 1973), s. 5. 2 Subs. by A. O. 1937, for “G.G. in C.”. 3 Subs. ibid., for "Gazette of India". 4 Subs. ibid., for "he". 5 The word “and” at the end of clause (d) omitted by the Factories (Amdt.) Act, 1944 (14 of 1944), s. 2. 6 The word “and” and cl. (f) added by the Factories (Amdt.) Act, 1944 (14 of 1944), s. 2. 7 Ins. by the Factories (Amdt.) Act, 1973 (16 of 1973), s. 6.
1 [Provincial Government] may, by notification in the 2 [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.
The 1 [Provincial Government] may, by notification as aforesaid, appoint any person to be a Chief Inspector, who shall, in addition to the powers conferred on a Chief Inspector under this Act, exercise the powers of an Inspector throughout the Province.
No person shall be appointed to be an Inspector under sub ‑
‑
patent or machinery connected therewith.
Every District Magistrate shall be an Inspector for his district.
The 1 [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 this Act, within such local limits as it may assign to them respectively.
In any area where there are more Inspectors than one, the 1 [Provincial Government] may, by notification as aforesaid, declare the powers which such Inspector shall respectively exercise, and the Inspector to whom the prescribed notices are to be sent.
Every Chief Inspector and Inspector shall be deemed to be a public servant within the meaning of the Pakistan Penal Code ( XLV of 1860 ) and shall be officially subordinate to such authority as the 1 [Provincial Government] may specify in this behalf. 1 [Provincial Government] in this behalf, an Inspector may, within the local limits for which he is appointed, ‑ 3 [in the service of the State] or of any municipal or other public authority, as he thinks fit, any place which is, or which he has reason to believe to be, used as a factory or capable of being declared to be a factory under the provisions of section 5; 1 Subs by A. O.,1937 for “L.G.”. 2 Subs. ibid., for “local official Gazette”. 3 The original words “in the employment of Government”, were first subs. by A. O., 1937 and then amended by A. O., 1961, Art. 2 and Sch. (with effect from the 23 March, 1956), to read as above. Provided that no one shall be required under this section to answer any question or give any evidence tending to criminate himself. 1 [Provincial Government] may appoint such registered medical practitioners as it thinks fit to be certifying surgeons for the purposes of this Act within such local limits as it may assign to them respectively.
A certifying surgeon may authorise any registered medical practitioner to exercise any of his powers under this Act: Provided that a certificate of fitness for employment granted by such authorised practitioner shall be valid for a period of three months only, unless it is confirmed by the certifying surgeon himself after examination of the person concerned. Explanation. ‑ In this section a “registered medical practitioner” means any person registered 2 * * * under any Act of 3 [the 4 [Federal] Legislature or any Provincial Legislature (21 & 22 Vict., c 90.)] providing for the maintenance of a register of medical practitioners, and includes, in any area where no such register is maintained, any person declared by the 5 [Provincial Government], by notification in the 6 [official Gazette], to be a registered medical practitioner for the purposes of this section. 1 Subs. by A.O., 1937, for "L.G.". 2 Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II. 3 Subs. by A.O., 1949 (w.e.f. 28th March, 1949), for certain words. 4 Subs. by F.A.O., 1975, Art. 2 and Table (w.e.f. 28th July, 1975), for "Central". 5 Subs. by A.O., 1937 (w.e.f. 1st April, 1937), for "L.G.". 6 Subs. ibid., for "Local official Gazette". ‑
If, in view of the nature of the operations carried on in a factory it is not possible for the occupier to comply with all or any of the provisions of sub ‑
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1 Subs. by the Labour Laws (Amdt.) Ordinance, 1972 (9 of 1972), s. 2 and First and the 4 th Schedule, (w. e. f. 13 th April 1972) for the exitsing Chapter III, which had been amended previously from time to time by various enactments.
The Provincial Government may make rules prescribing the arrangements to be made under sub ‑
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‑ room process which produces such temperature from the work ‑ room by insulating the hot parts or by other effective means.
The Provincial Government may prescribe a standard of adequate ventilation and reasonable temperature for any factory or class or description of factories or parts thereof and direct that a thermometer shall be provided and maintained in such place and position as may be specified.
If it appears to the Provincial Government that in any factory or class or description of factories excessively high temperature can be reduced by such methods as whitewashing, spraying or insulating and screening outside walls or roofs or windows, or by raising the level of the roof, or by insulating the roof either by an air space and double roof or by the use of insulating roof materials, or by other methods, it may prescribe such of these or other methods to be adopted in the factory. shall be taken to prevent its accumulation in any work ‑ room and its inhalation by workers, and if any exhaust appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible.
In any factory no stationary internal combustion engine shall be operated unless the exhaust is conducted into open air and exhaust pipes are insulated to prevent scalding and radiation heat, and no internal combustion engine shall be operated in any room unless, effective measures have been taken to prevent, such accumulation of fumes there from as are likely to be injurious to the workers employed in the work ‑ room. ‑ ‑ rooms.
In any factory in which the humidity of the air is artificially increased, the water used for the purpose shall be taken from a public supply, or other source of drinking water, or shall be effectively purified before it is so used.
If it appears to an Inspector that the water used in a factory for increasing humidity which is required to be effectively purified under subsection (2) is not effectively purified, he may serve on the Manager of the factory an order in writing specifying the measures which, in his opinion, should be adopted, and requiring them to be carried out before a specified date. ‑ room in any factory shall be overcrowded to an extent injurious to the health of the workers employed therein.
Without prejudice to the generality of the provisions of subsection (1) there shall be provided for every worker employed in a workroom Explanation. ‑ For the purpose of this sub ‑
If the Chief Inspector by order in writing so requires, there shall be posted in each workroom of a factory a notice specifying the maximum number of workers who may in compliance with the provisions of this section be employed in the room.
The Chief Inspector may, by order in writing, exempt, subject to such conditions as he may think fit to impose, any work ‑ room from the provisions of this section if he is satisfied that compliance therewith in respect of such room is not necessary for the purpose of health of the workers employed therein. ‑ rooms and passages to function automatically in case of a failure of the ordinary electric supply system.
In every factory all glazed windows and sky ‑ lights used for the lighting of the work ‑ room shall be kept clean on both the outer and inner surfaces and free from obstruction as far as possible under the rules framed under sub ‑
In every factory effective provision shall, so far as is practicable, be made for the prevention of
The Provincial Government may prescribe standards of sufficient and suitable lighting for factories or for any class or description of factories or for any manufacturing process. ‑ some drinking water.
All such points shall be legibly marked “Drinking Water” in a language understood by the majority of the workers and no such point shall be situated within twenty feet of any washing place, urinal or latrine, unless a shorter distance is approved in writing by the Chief Inspector.
In every factory wherein more than two hundred and fifty workers are ordinarily employed, provision shall be made for cooling the drinking water during the hot weather by effective means and for distribution thereof and arrangements shall also be made for ‑
The Provincial Government may, in respect of all factories or any class or description of factories, make rules for securing compliance with the provisions of this section.
The Provincial Government may prescribe the number of latrines and urinals to be provided in any factory in proportion to the number of male and female workers ordinarily employed therein and such further matters in respect of sanitation in the factories as it may deem fit.
The Provincial Government may make rules prescribing the type and the number of spittoons to be provided and their location in any factory and such further matters as may be deemed necessary relating to their maintenance in a clean and hygienic condition.
No person shall spit within the premises of a factory except in the spittoons provided for the purpose. A notice containing this provision and the penalty for its violation shall be prominently dis played at suitable places in the premises.
Whosoever spits in contravention of sub ‑
exceeding two rupees. 1 [the months of January and July every year entries] shall be recorded after examination by appointed factory doctor to the effect that the worker is not suffering from any contagious or infectious disease, the fee of such an examination shall be fixed by the Provincial Government and will be borne by the occupier or manager of the factory.
If a worker is found to be suffering from any contagious or infectious disease on an examination under sub ‑
2
Without prejudice to the generality of the foregoing power such rules may provide for 1 Subs. by the Factories (Amdt.) Act 1973 (16 of 1973), s. 7, for “first fortnight of every calendar month and entry”. 2 Ins. ibid., ss. 8 and 9. 3 Ins. by the Factories (Amdt.) Act, 1973 (16 of 1973), ss. 8 and 9.
If it appears to the Inspector that any factory is not provided with the means of escape prescribed under sub ‑
In every factory the doors affording exit from any room shall not be locked or fastened so that they can be easily and immediately opened from inside while any person is within the room, and all such doors, unless they are of the sliding type, shall be constructed to open outwards or where the door is between two rooms, in the direction of the nearest exit from the building and such door shall not be locked or obstructed while work is being carried on in the room and shall at all times be kept free from any obstruction.
In every factory every window, door, or other exit affording means of escape in case of fire, other than means of exit in ordinary use, shall be distinctively marked in a language understood by the majority of the workers and in red letters of adequate size or by some other effective and clearly understood sign.
In every factory there shall be provided effective and clearly audible means of giving warning in case of fire to every person employed therein.
A free passage ‑ way giving access to each means of escape in case of fire shall be maintained for the use of all workers in every room of the factory.
In every factory wherein more than ten workers are ordinarily employed in any place above the ground floor, or explosive or highly inflammable materials are used or stored, effective measures shall be taken to ensure that all the workers are familiar with the means of escape in case of fire and have been adequately trained in the routine to be followed in such case.
The Provincial Government may make rules prescribing in respect of any factory, or class or description of factories, the means of escape to be provided in case of fire and the nature and amount of fire fighting apparatus to be provided and maintained. ‑ bar which projects beyond the head stock of a lathe ; and Provided that, in the case of dangerous parts of machinery that cannot be securely fenced by reason of the nature of operation, such fencing may be substituted by other adequate measures, such as Provided further that, for the purpose of determining whether any part of machinery is in such position or is of such construction as to be safe as aforesaid, account shall not be taken of any occasion when it being necessary to make an examination of the machinery while it is in motion or, as a result of such examination, to carry out any mounting or shipping of belts, lubrication or other adjusting operation while the machinery is in motion, such examination or operation is made or carried out in accordance with the provisions of section 27.
Without prejudice to any other provisions of this Act relating to the fencing of machinery, every set screw, belt and key on any revolving shaft, spindle wheel or pinion and all spur, worm and other toothed or friction gearing in motion with which such worker would otherwise be liable to come into contact, shall be securely fenced to prevent such contact.
The Provincial Government may exempt, subject to such conditions as may be imposed, for securing the safety of the workers, any particular machinery or part from the provisions of this section.
The Provincial Government may, by rules, prescribe such further precautions as it may consider necessary in respect of any particular machinery or part thereof.
No woman or child shall be allowed in any factory to clean, lubricate or adjust any part of machinery while that part is in motion, or to work between moving parts or between fixed and moving parts of any machinery which is in motion.
The Provincial Government may, by notification in the official Gazette, prohibit, in any specified factory or class or description of factories, the cleaning, lubricating or adjusting by any person, of specified parts of machinery when those parts are in motion. 1 [child or adolescent] shall work at any machine unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed and
This section shall apply to such machines as may be notified by the Provincial Government to be of such a dangerous character that 2 [children or adolescents] ought not to work at them unless the foregoing requirements are complied with. ‑
In every factory suitable devices for cutting off power in emergencies from running machinery shall be provided and maintained in every workroom.
In respect of factories in operation before the commencement of this Ordinance 3 the provisions of sub ‑
‑ _ acting machine in any factory and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass whether in the course of his employment or otherwise be allowed to run on its outward or inward traverse within a distance of eighteen inches from any fixed structure which is not part of the machine: 1 Subs. by the Factories (Amdt.) Act, 1973 (16 of 1973), s. 10, for “young person”. 2 Subs. ibid., for “young persons”. 3 I.e., the Labour Laws (Amendment) Ordinance, 1972 (9 of 1972). Provided that the Chief Inspector may permit the continued use of a machine installed before the commencement of the Labour Laws (Amendment) Ordinance, 1972, which does not comply with the requirements of this section on such conditions for ensuring safety as he may think fit to impose.
Whoever sells or lets on hire or, as agent of a seller or hirer, causes or procures to be sold or let on hire, for use in a factory any machinery driven by power which does not comply with the provisions of sub ‑
The Provincial Government may make rules specifying further safeguards to be provided in respect of any other dangerous part of any particular machine or class or description of machines. Provided that if the feed end of a cotton opener is in a room separated from the delivery end by a partition extending to the roof or to such height as the Inspector may in any particular case specify in writing, women and children may be employed on the side of the partition where the feed end is situated.
The Provincial Government may make rules in respect of any lifting machinery or class or description of lifting machinery in factories
The following additional requirements shall apply to hoists and lifts used for carrying persons and installed or reconstructed in a factory after the commencement of the Labour Laws (Amendment), 1972, namely: ‑ running.
The Chief Inspector may permit the continued use of a hoist or lift installed in a factory before the commencement of this Ordinance 1 which does not fully comply with the provisions of sub ‑
The Provincial Government may, if, in respect of class or description of hoist or lift, it is of opinion that it would unreasonable to enforce any requirement of sub ‑ sections (1) and (2), by order direct that such requirements shall not apply to such class or description of hoist or lift. ‑ speed of the shaft or spindle upon which the wheel is mounted and the diameter of the pully upon such shaft or spindle necessary to secure such sale working peripheral speed.
The speeds indicated in the notice under sub ‑
Effective measures shall be taken in every factory to ensure that the safe working peripheral speed of every revolving vessel, cage basket, flywheel, pulley disc or similar appliance driven by power is not exceeded. 1 I.e.the Labour Laws (Amendment) Ordinance, 1972 (9 of 1972). ‑
The Provincial Government may make rules providing for the examination and testing of any plant or machinery such as is referred to in sub ‑
‑ ‑
The Provincial Government may, by order in writing, exempt, subject to such conditions as may be, imposed, any factory or class or description of factories in respect of any vessel, sump, tank pit or opening from compliance with the provisions of this section.
The Provincial Government may make rules prescribing the maximum weights which may be lifted, carried or moved by adult men, adult women, adolescents and children employed in factories or in any class or description of factories or in carrying on any specified process. ‑ involves: ‑ Manager of the factory an order in writing, requiring him before a specified date ‑ safety, he may serve on the Manager of the factory an order in writing specifying the measures which, in his opinion, should be adopted, and requiring them to be carried out before a specified date.
If it appears to the Chief Inspector that the requisitions made under sub ‑
prohibiting until the danger is removed, the employment, in or about the factory or part thereof, of any person whose employment is not in his opinion reasonably necessary for the purpose of removing the danger.
If it appears to the Inspector that the use of any building or part of a building or of any part of the ways, machinery or plant or manufacturing process in a factory involves imminent danger to human health or safety he may serve on the Manager of the factory an order in writing prohibiting, until the danger is removed, the employment, in or about the factory or part thereof, of any person whose employment is not in his opinion reasonably necessary for the purpose of removing the danger.
Nothing in sub ‑
under that sub ‑ section.
in any factory or in any class or description of factories, such further devices and measures for securing the safety of the persons employed therein as it may deem necessary shall be adopted ; and
work on a manufacturing process carried on with the aid of power shall not be begun in any building or part of a building erected or taken into use as a factory until a certificate of stability in the prescribed form and signed by a person possessing the prescribed qualifications has been sent to the Chief Inspector.
No portable electric light of voltage exceeding twenty ‑ four volts shall be permitted in any factory for use inside any confined space such as is referred to in subsection (1) and, where the fumes present are likely to be inflammable, a lamp or light other than of flame proof construction shall not be permitted to be used in such confined space.
No person in any factory shall enter or be permitted to enter any confined space such as is referred to in sub ‑
Suitable breathing apparatus, reviving apparatus and belts and ropes shall in every factory be kept ready for instant use beside any such confined space as aforesaid which any person has entered, and all such apparatus shall be periodically examined and certified by a competent person to be fit for use; and a sufficient number of persons employed in every factory shall be trained and practised in the use of all such apparatus and in the method of restoring respiration.
No person shall be permitted to enter in any factory, any boiler furnace, boiler flue, chamber, tank, vat, pipe or other confined space for the purpose of working or making any examination therein until it has been sufficiently cooled by ventilation or otherwise to be safe for persons to enter.
The Provincial Government may make rules prescribing the maximum dimensions of the mainholes referred to in sub ‑
‑ explode on ignition, all practicable measures shall be taken to prevent any such explosion by
Where in any factory the plant or machinery used in a process such as is referred to in sub ‑
the explosion by the provision in the plant or machinery of chokes, Baffles, vents or other effective appliances.
Where any part of the plant or machinery in a factory contains any explosive or inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened except in accordance with the following provisions, namely: ‑ valve or other means ; Provided that the provisions of this sub ‑
No plant, tank or vessel which contains or has contained any explosive or inflammable substance shall be subjected in any factory to any welding, brazing, soldering or cutting operation which involves the application of heat or to any drilling or other operation which is likely to create heat or sparks, unless adequate measures have first been taken to remove such substance and any fumes arising therefrom or to render such substance and fumes non ‑ explosive or non ‑ inflammable and no such substance shall be allowed to enter such plant, tank or vessel after any such operation until the metal has cooled sufficiently to prevent any risk of igniting the substance.
The Provincial Government may by rules exempt, subject to such condition as may be prescribed, any factory or class or description of factories from compliance with all or any of the provisions of this section. ‑
If it appears to the Inspector that the presence in any factory or part of a factory of children who cannot be lawfully employed therein may be dangerous to them or injurious to their health, he may serve on the manager of the factory an order in writing directing him to prevent the admission of such children to the factory or any part of it. ‑ ‑ eight hours after the accident occurred, or which is of any nature which may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed. ‑ the Provincial Government may appoint in this behalf, and the Provincial Government or appointed authority may, subject to rules made in this behalf by the Provincial Government, confirm modify or reverse the order.
The appellate authority may, and if so required in the petition or appeal shall, hear the appeal with the aid of assessors, one of whom shall be appointed by the appellate authority and the other by such body representing the industry concerned as the Provincial Government may prescribe in this behalf: Provided that if no assessor is appointed by such body, or if the assessor so appointed fails to attend at the time and place fixed for hearing the appeal, the appellate authority may, unless satisfied that the failure to attend is due to sufficient cause, proceed to hear the appeal without the aid of such assessor, or if it thinks fit, without the aid of any assessor.
Except in the case of an appeal against an order under sub ‑
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adoption of temporary measures as it may choose to impose in any case. ‑
The Provincial Government may make rules requiring that in any specified factory wherein more than one hundred and fifty workers are ordinarily employed, an adequate shelter shall be provided for the use of workers during periods of rest, and such rules may prescribe the standards of such shelters.
rooms for children. The Provincial Government may also make rules
certificates of stability. The Provincial Government may also make rules, for any class of factories and for the whole or any part of the Province, requiring that work on a manufacturing process carried on with the aid of power shall not be begun in any building or part of a building erected or taken into use as a factory after the commencement of this Act, until a certificate of stability in the prescribed form signed by a person possessing the prescribed qualifications, has been sent to the Inspector.
hazardous operations. Where the Provincial Government is satisfied that any operation in a factory exposes any persons employed upon it to a serious risk of bodily injury, poisoning or disease, it may make rules applicable to any factory or class of factories in which the operation is carried on ‑ 1 [(5) The Provincial Government may also make rules requiring the occupiers or managers of factories to maintain stores of firstaid appliances and provide for their proper custody and use.] 1 Added by the Factories (Amdt.) Act, 1973 (16 of 1973), s. 11.
2 [forty eight] hours in any week, or, where the factory is a seasonal one, for more than 3 [fifty] hours in any week: Provided that an adult worker in a 4* factory engaged in work which for technical reasons must be continuous throughout the day may work for fiftysix hours in any week. Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
Notices given under subsection (1) may be cancelled by a notice delivered to the office of the Inspector and a notice displayed in the factory not later than the day before the Sunday or the holiday to be cancelled, whichever is earlier.
Where, in accordance with the provisions of sub ‑
1 For Notifin. under this section, see Gazette of Karachi, 1958, Pt. II, p. 52. 2 Subs. by the Factories (Amdt.) Act 1946 (10 of 1946), s. 2 (with effect from the Ist August, 1946), for “fiftyfour” 3 Subs.ibid. for “sixty”. 4 The word “nonseasonal” omitted by the Factories (Amdt.) Act, 1947 (5 of 1947), s. 3. ‑ ‑
The Provincial Government may make rules prescribing the manner in which the holidays, for which provision is made in sub ‑
3 [nine] hours in any day: Provided that a male adult worker in a seasonal factory may work for 4 [ten] hours in any day. ‑ 1 S.35A ins. by the Factories (Amdt.) Act, 1945 (3 of 1945), s. 2. (with effect from 1 st January 1946). 2 For Notifn., under this section, see Gazette of Karachi, 1958, Pt. II, p. 52. 3 Subs. by the Factories (Amdt.) Act 1946 (10 of 1946), s. 3 (with effect from the Ist August, 1946), for “ten” 4 Subs. Ibid., for “eleven”. 2 [twelve] hours, or where the factory is a seasonal one, eleven and a half] hours in any day, save with the permission of the 3 [Provincial Government] and subject to such conditions as it may impose, either generally or in the case of any particular factory. ‑ section
of section 76 a Notice of Periods for Work for Adults showing clearly the periods within which adult workers may be required to work.
The periods shown in the notice required by sub ‑
37 and 38.
Where all the adult workers in a factory are required to work within the same periods, the manager of the factory shall fix those periods for such workers generally.
Where all the adult workers in a factory are not required to work within the same periods, the manager of the factory shall classify them into groups according to the nature of their work.
For each group which is not required to work on a system of shifts, the manager of the factory shall fix the periods within which the group may be required to work.
Where any group is required to work on a system of shifts and the relays are not to be subject to predetermined periodical changes of shift, the manager of the factory shall fix the periods within which each relay of the group may be required to work.
Where any group is to work on a system of shifts and the relays are to be subject to predetermined periodical changes of shifts, the manager of the factory shall draw up a scheme of shifts whereunder the periods within which any relay of the group may be required to work and the relay which will be working at any time of the day shall be known for any day.
The 4 [Provincial Government] may make rules prescribing forms for the Notice of Periods for Work for Adults and the manner in which it shall be maintained.
A copy of the Notice referred to in sub ‑
Any proposed change in the system of work in a factory which will necessitate a change in the Notice shall be notified to the Inspector in duplicate before the change is made, and, except with the previous sanction of the Inspector, no such change shall be made until one week has elapsed since the last change. 1 For Notifn., under this section, see Gazette of Karachi, 1958, Pt. II, p. 52. 2 Subs. by Act III of 06, s. 3. 3 Subs. by A. O., 1937, for “L. G.”. 4 Subs. by A. O., 1937, for “L.G.”. 1 [and age] of each adult worker in the factory, Provided that, if the Inspector is of opinion that any muster roll or register maintained as part of the routine of a factory gives in respect of any or all of the workers in the factory the particulars required under this section, he may, by order in writing, direct that such muster roll or register shall to the corresponding extent be maintained in place of and be treated as the Register of Adult Workers in that factory: Provided further that, where the 2 [Provincial Government] is satisfied that the conditions of work in any factory or class of factories are such that there is no appreciable risk of contravention of the provisions of this Chapter in the case of that factory or factories of that class, as the case may be, the 2 [Provincial Government] may, by written order, exempt, on such conditions as it may impose, that factory or all factories of that class, as the case may be, from the provisions of this section.
The 2 [Provincial Government] may make rules prescribing the form of the Register of Adult Workers, the manner in which it shall be maintained and the period for which it shall be preserved. 1 Ins. by the Factories (Amdt.) Act, 1973(16 of 1973), s.12. 2 Subs. by A. O., 1937, for “L.G.”. 1 [Provincial Government] may make rules defining the persons who hold positions of supervision or management or are employed in a confidential position in a factory, and the provisions of this Chapter, 2 [other than the provisions of clause (b) of sub ‑
not apply to any person so defined.
The 1 [Provincial Government] may make rules for adult workers providing for the exemption 3 , to such extent and subject to such conditions as may be prescribed in such rules, ‑ houses from the provisions of section 35.
Rules made under sub ‑
1 [Provincial Government] may deem to be expedient, subject to such conditions as it may impose.
In making rules under this section the 1 [Provincial Government] shall prescribe the maximum limits for the weekly hours of work for all classes of workers, and any exemption given, other than an exemption under clause (a) of sub ‑
Rules made under this section shall remain in force for not more than three years. 1 Subs. by A. O., 1937, for “L.G.”. 2 Ins. by the Factories (Amdt.) Act, 1935, (11 of 1935), s. 2. 3 For the Karachi Factories (Adult Exemption) Rules, 1958, see Gazette of Karachi, 1959, Pt. II, pp. 8390. 1 [Provincial 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 of factories should be fixed beforehand, it may, by written order, relax or modify the provisions of sections 39 and 40 in respect of such workers 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 1 [Provincial Government], or subject to the control of the 1 [Provincial Government] the Chief Inspector, may, by written order 2 , 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 of factories, from any or all of the provisions of sections 34, 35, 36, 37, 38, 39 and 40, on the ground that the exemption is required to enable the factory or factories to deal with an exceptional press of work.
Any exemption given under sub ‑
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3 [(4) An order under sub ‑
Provided that if in the opinion of the Provincial Government the public interest so requires, the Provincial Government may from time to time, by notification in the official Gazette, extend the operation of any such order for a period, not exceeding six months at any one time, as may be specified in the notification.] 1 Subs. by A. O. 1937, for “L.G.”. 2 For an instance of such Order, see the Punjab Gazette, 1951, Pt.I,p. 87 3 Subs. by the Factories (Amdt.) Act, 1946 (10 of 1946), s. 5 (with effect from 1st August, 1946), for original subsection (4). 1 [Provided that if the employer arranges for the transport facilities, a woman with her consent may work up to 10.00 p.m. in two shifts.]
The 2 [Provincial Government] may make rules providing for the exemption from the above restrictions, to such extent and subject to such conditions as it may prescribe, of women working in fishcuring or fishcanning factories where the employment of women beyond the said hours is necessary to prevent damage to or deterioration in any raw material.
Rules made under sub ‑
Provided that the 2 [Provincial Government] may, by order in writing, direct that in the case of any specified factory or any specified class of workers therein the ensuing day shall be deemed to be the period of twentyfour hours beginning when such shift begins and that the hours worked before midnight shall be counted towards the ensuing day. 3 [(1) Where a worker ‑ seasonal factory works for more than nine hours in any day or for more than fortyeight hours in any week, or ‑ he shall be entitled in respect of the overtime worked to pay at the rate of twice his ordinary rate of a pay.] 4 [Explanation. In this sub ‑ section, ‘ordinary rate of pay’ means all remuneration capable of being expressed in terms of money which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a worker in respect of his employment or of work done in such employment, but does not include 1 Subs. & omitted by Act III of 06, s. 3. 2 Subs. by A. O., 1937, for “L.G.”. 3 Subs. by the Factories (Amdt.) Act, 1946 (10 of 1946). s. 7, for the original sub ‑ sections (1) and (2) (with effect from 1st August, 1946). 4 Explanation added the Factories (Amdt.) Act, 1973 (16 of 1973), s. 13.
Where any workers are paid on a piece rate basis, the 1 [Provincial Government] in consultation with the industry concerned may for the purposes of this section fix time rates as nearly as possible equivalent to the average rate of earnings of those workers, and the rates so fixed shall be deemed to be the ordinary rates of pay of those workers for the purposes of this section.
The 1 [Provincial Government] may prescribe the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section. 1 [Provincial Government] may make rules providing that in any specified class or classes of factories work shall not be carried on by a system of shifts so arranged that more than one relay of workers is engaged in work for the same kind at the same time save with the permission of the 1 [Provincial Government] and subject to such conditions as it may impose, either generally or in the case of any particular factory. ‑
The provisions of this Chapter shall not operate to the prejudice of any rights to which a worker may be entitled under any other enactment, or under the terms of any award, agreement or contract of service. 1 Subs. by A.O., 1937, for "L.G.". 2
1 * * * fourteen consecutive days, inclusive of the day or days, if any, on which he is entitled to a holiday under sub ‑
If a worker fails in any one such period of twelve months to take the whole of the holidays allowed to him under sub ‑
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exceed 1 * * * fourteen.
If a worker entitled to holidays under sub ‑
his employment before he has been allowed the holidays, the employer shall pay him the amount payable under section 49C in respect of the holidays. Explanation. A worker shall be deemed to have completed a period of twelve months continuous service in a factory notwithstanding any interruption in service during those twelve months brought about by sickness, accident of authorised leave not exceeding ninety days in the aggregate for all three, or by a lock ‑ out, or by a strike which is not an illegal strike, or by intermittent periods of involuntary unemployment not exceeding thirty days in the aggregate; and authorised leave shall be deemed not to include any weekly holiday allowed under section 35 which occurs at beginning or end of an interruption brought about by the leave. IV of 1936 ) for the days on which he actually worked during the preceding three months, exclusive of any earnings in respect of overtime. 2 to carry into effect the provisions of this Chapter.
Without prejudice to the generality of the foregoing power rules may be made under this section prescribing the keeping by employers of registers showing such particulars as may be prescribed and requiring such registers to be made available for examination by Inspectors. 3 * * * * * * * 1 Certain words omitted by the Factories (Amdt.) Act, 1973 (16 of 1973), s. 14. 2 For the Karachi Factories (Holidays) Rules, see Gazette of Karachi, 1960, Pt. II, pp. 239245. 3 Sub ‑
Every worker shall be entitled to sixteen days, sick leave on half average pay in a year.
A worker may be required to work on any festival holiday but one day additional compensatory holiday with full pay and a substitute holiday shall be allowed to him in accordance with the provisions of section 35.]
2 [fourteenth] year shall be allowed to work in any factory. 2 [fourteenth] year and no adolescent shall be allowed to work in any factory unless 1 Added by the Factories (Amdt.) Act, 1973 (16 of 1973), s. 15. 2 Subs. by the Labour Laws (Amdt.), Act, 1977 (17 of 1977), s. 2 and First Schedule for “twelfth”. 1 [child or adolescent] who wishes to work in a factory, or of the parent or guardian of such person, or of the manager of the factory in which such person wishes to work, examine such person and ascertain his fitness for such work.
The certifying surgeon, after examination, may grant to such person, in the prescribed form, 2 [fourteenth] year, that he has attained the prescribed physical standards (if any), and that he is fit for such work; or
A certifying surgeon may revoke any certificate granted under sub ‑
Where a certifying surgeon or a practitioner authorised under sub ‑
so doing. ‑
An adolescent who has not been granted a certificate of fitness to work in a factory as an adult under sub ‑
The hours of work of a child shall be so arranged that they shall not spread over more than seven ‑ and ‑ a ‑ half hours in any day. 1 Subs. by Act, 16 of 1973, s. 16. for “young person”. 2 Subs. by the Labour Laws (Amdt.), Act, 1977 (17 of 1977), s. 2 and First Schedule for “twelfth”.
No child 1 [or adolescent] shall be allowed to work in a factory except between 6 A. M. and 7 P.M. : Provided that the 2 [Provincial Government] may, by notification in the 3 [official Gazette], in respect of any class or classes of factories and for the whole year or any part of it, vary these limits to any span of thirteen hours between 5 A. M. and 4 [7 ‑ 30 P.M.].
The provisions of section 35 shall apply also to child workers, but no exemption from the provisions of that section may be granted in respect of any child.
No child shall be allowed to work in any factory on any day on which he has already been working in another factory. ‑
The periods shown in the Notice required by sub ‑
The provisions of section 40 shall apply also to the Notice of Periods for Work for Children.
The 2 [Provincial Government] may make rules prescribing forms for the Notice of Periods for Work for Children and the manner in which it shall be maintained. 5 [and age] of each child worker in the factory 1 Ins. by the Factories (Amdt.) Act. 1973 (16 of 1973), s. 17. 2 Subs. by A. O. 1937, for “L. G.”. 3 Subs. ibid., for “local official Gazette”. 4 For these figures and letters the figures and letters “830 P.M” were temporarily subs, for the duration of the war by the Factories (Amdt.), Act, 1944 (14 of 1944), s. 5. 5 Ins. by the Labour Laws (Amdt), Act, 1973 (16 of 1973), s. 18.
The 1 [Provincial Government] may make rules prescribing the form of the Register of Child Workers, the manner in which it shall be maintained and the period for which it shall be preserved. ‑
Child Workers maintained under sub ‑
he may serve on the manager of the factory a notice requiring that such person, or that such child or adolescent, as the case may be, shall be examined by a certifying surgeon or by a practitioner authorised under sub ‑
been granted a certificate of fitness or a fresh certificate of fitness, as the case may be. 1 [Provincial Government] may make rules 1 Subs, by A.O. ,1937, for “L. G.”.
2 [32] inclusive, or 3 [section 33J] or 4 [sections 33J and 33Q], or ‑
5 [33P], or 6 [48, 49H and 49I], or 1 Subs. by the Factories (Amdt.), Act, 1973 (16 of 1973),s.19, for Chapter VA, which had been ins. by the Factories (Amdt.) Act, 1940 (17 of 1940) s.2 and amended by the Labour Laws (Amdt.) Ordinance, 1972 (9 of 1972),s.2 and Ist. Sch. (w.e.f. 13th April, 1972). 2 Subs. by the Labour Laws (Amdt.) Ordinance, 1972 (9 of 1972), s. 2 and First Schedule for “29”. 3 Subs. ibid., for “clause (a) of section 32”. 4 Subs. ibid., for "clause (b), clause (c) or clause (g) of section 32 or section “33”. 5 Subs. ibid., for “31”. 6 Subs. by the Laboure Laws (Amdt.) Act. 1975 (11 of 1975) s.2 and Sch. (w. e. f 25 th January, 1975), for the word and figures “and 48”. 1 [or] the manager and occupier of the factory shall each be punishable with fine which may extend to five hundred rupees : Provided that if both the manager and the occupier are convicted, the aggregate of the fines inflicted in respect of the same contravention shall not exceed this amount. 3 [(g)] inclusive of section 60 is again guilty of an offence involving a contravention of the same provision, he shall be punishable on the second conviction with fine which may extend to seven hundred and fifty rupees and shall not be less than one hundred rupees, and if he is again so guilty, shall be punishable on the third or any subsequent conviction with fine which may extend to one thousand rupees and shall not be less than two hundred and fifty rupees: Provided that for the purposes of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished : Provided further that the Court, if it is satisfied that there are exceptional circumstances warranting such a course, may, after recording its reasons in writing, impose a smaller fine than is required by this section. occupier of a factory who fails to give any notice required by sub ‑
4 [subsection (1A)] or sub ‑
1 The word “or” added by the Factories (Amdt.) Act, 1945 (3 of 1945), s. 4 (with effect from the 1st January, 1946). 2 Cl. (g) ins ibid. 3 Subs. by the the Factories (Amdt.) Act, 1945 (3 of 1945), s.5, for the brackets and the letter “(f)”. 4 Ins. by the Factories (Amdt.) Act, 1973 (16 of 1973), s.20. 1 [33 ‑ N] shall be punishable with fine which may extend to five hundred rupees. Provided that if both the manager and the occupier are convicted, the aggregate of the fines inflicted shall not exceed this amount. Exception. This provision does not extend to the use, in accordance with such precautions as may be prescribed, of a naked light in the course of a manufacturing process. ‑
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1 Subs. by the Labour Laws (Amdt.), Ordinance, 1972 (9 of 1972), s. 2 and First Schedule for “30”. Provided that the firm or association may give notice to the Inspector that it has nominated one of its member who is resident in 1 [Pakistan] to be the occupier of the factory for the purposes of this Chapter, and such individual shall so long as he is so resident be deemed to be the occupier for the purposes of this Chapter until further notice cancelling his nomination is received by the Inspector or until he ceases to be a partner or member of the firm or association.
Where the occupier of a factory is a company, any one of the directors thereof, or, in the case of a private company, any one of the shareholders thereof, may be prosecuted and punished under this Chapter for any offence for which the occupier of the factory is punishable: Provided that the company may give notice to the Inspector that it has nominated a director, or, in the case of a private company, a shareholder, who is resident in either case in 1 [Pakistan] to be the occupier of the factory for the purposes of this Chapter, and such director or shareholder shall so long as he is so resident be deemed to be the occupier of the factory for the purposes of this Chapter until further notice cancelling his nomination is received by the Inspector or until he ceases to be director or shareholder. Court that other person shall be convicted of the offence and shall be liable to the like fine as if he were the occupier or manager and the occupier or manager, shall be discharged from any liability under this Act.
When it is made to appear to the satisfaction of the Inspector at any time prior to the institution of the proceedings 1 Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been subs. by A. O., 1949, for “British India”. the Inspector shall proceed against the person whom he believes to be the actual offender without first proceeding against the occupier or manager of the factory, and such person shall be liable to the like fine as if he were the occupier or manager.
A declaration in writing by a certifying surgeon relating to a worker that he has personally examined him and believes him to be under or over the age set forth in such declaration shall, for the purposes of this Act, be admissible as evidence of the age of that worker.
No Court inferior to that 1 * * * of a Magistrate of the first class shall try any offence against this Act or any rule or order made thereunder, other than an offence under section 66 or section 67. 2 * * * * * * * Provided that when the offence consists of disobeying a written order made by an Inspector, complaint thereof may be made within twelve months of the date on which the offence is alleged to have been committed. 1 The words “of a Presidency Magistrate or” omitted by Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951). s. 3 and Sch.II. 2 Sub ‑
1 [Provincial Government] may prescribe.
All notices required to be displayed in a factory shall be displayed at some conspicuous place at or near the main entrance to the factory, and shall be maintained in a clean and legible condition. 2 [Provincial Government] may make rules 3 requiring occupiers or managers of factories to submit such returns occasional or periodical, as may in 4 [its] opinion be required for the purposes of this Act. 78. [Control of rules made by L. Gs.]—Rep. by A.O., 1937. X of 1897 ), shall not be less than three months from the date on which the draft of the proposed rules was published.
All such rules shall be published in 5 * * * the 6 [official Gazette] 7 * * * and shall, unless some later date is appointed, come into force on the date of such publication. 8 [Government]. 82. [Repeal and Savings.] Rep. by the Repealing and Amending Act, 1937 (XX of 1937) s.3 and 2nd Sch. THE SCHEDULE. Rep. by Act XX of 1937, s.3 and Sch.II. 1 Subs. by A. O. 1937, for “L.G”. 2 Subs. ibid, for “G.G. in C”. 3 For the Karachi Factories (Returns) Rules, see Gazette of Karachi 1960, Pt. II, pp 246256. 4 Subs. by A.O., 1937 for “his”. 5 The words “The Gazette of India or” omitted by A. O., 1937. 6 Subs. ibid, for “local official Gazette”. 7 The words “as the case may be,” omitted ibid. 8 Subs. by A. O. 1961, Art. 2, for “Crown” (with effect from the 23rd March 1956).