Factories Act - Part II

Section 51 – WEEKLY HOURS

Maximum 48 hours a week for an Adult Worker

Section 51 – WEEKLY HOLIDAYS

1.       No adult worker is allowed to work on the first day (hereinafter referred as “said day” of the week, unless:

a.       He has or will have a whole day holiday – 3 days immediately before or after the said day

b.      The manager of the factory before the said day –

                                                               i.      delivered a notice at the office of the Inspector

                                                             ii.      displayed a notice to that effect in the factory

2.       Notices given under sub-section (1) may be cancelled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier.

Section 53 – COMPENSATORY HOLIDAY

a worker who is deprived of any of the weekly holidays for which provision is made in sub-section (1) of  section 52, shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.

Section 54 – DAILY HOURS

Maximum 9 Hours a day – Adult Worker

Section 55 – INTERVALS FOR REST

Rest of half an hour for each 5 hours work

The Chief Inspector, may, by written order, exempt any factory from the provision, so however that the total number of hours worked by a worker without an interval does not exceed six.

Section 56 – SPREADOVER

Shall not spreadover more than ten and a half hours in any day: Provided that the Chief Inspector may, for reasons to be specified in in writing, increase the spreadover up to twelve hours

Section 57 – NIGHT SHIFTS

Section 58 - PROHIBITION OF OVERLAPPING SHIFTS

1.       Work shall not be carried on in any factory by means of a system of shifts so arranged that more than one relay of workers is engaged, in work of the same kind at the same time.

2.       The State Government or subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt on such conditions as may be deemed expedient, any factory or class or description of factories or any department or section of a factory or any category or description of workers therein from the provisions of sub-section (1).

Section 59 – EXTRA WAGE FOR OVERTIME

Where a worker works in a factory more than 9 hours in a day or 48 hours in a week entitle for overtime - @ rate of twice his ordinary (Basic + D.A.) rate of wages.

Section 60 – RESTRICTION ON DOUBLE EMPLOYMENT

Not allowed to work in any factory an any day on which he has already been working in any other factory

Section 61 – NOTICE OF PERIODS OF WORK FOR ADULT

Section 62 – REGISTER OF ADULT WORK

1.       The manager of every factory shall maintain a register of adult workers, to be available to the Inspector at all times during working hours, or when any work is being carried on in the factory, showing

a.       The name of each adult worker in the factory;

b.      The nature of his work;

c.       The group, if any, in which he is included;

d.      Where his group works on shifts, the relay to which he is allotted; and

e.      Such other particulars as may be prescribed 

Section 66 – FURTHER RESTRICTION ON EMPLOYMENT OF WOMEN

1.       No woman is allowed to work except between the hours 6.00 AM – 7.00 PM

2.       No exemption in daily hours

3.       No change of shifts except after a weekly holiday

(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, but no such variation shall authorize the employment of any woman between the hours of 10 P.M. and 5 A.M.)

Section 67 – PROHIBITION OF EMPLOYMENT OF YOUNG CHILDREN

Child below 14 Years is not allowed to work in a factory

Section 68 – NON-ADULT WORKER TO CARRY TOKENS

1.       Adolescent should carry a certificate of fitness

2.       He should carry the token at his work , which is given in reference to above said certificate

Section 69 – CERTIFICATES OF FITNESS

1.       Given by a Certifying Surgeon on the application of any young person or his parents or guardian accompanied by a document signed by the manager of a factory

2.       Shall be valid only for a period of twelve months from the date of issuance

Section 71 – WORKING HOURS FOR CHILDREN

No child is permitted to work in any factory for more than 4 and a half hour in a day or during the night (10.00 PM – 6.00 AM)

No female child is allowed to work in any factory except between 8.00 AM – 7.00 PM

The period of work of all children employed in a factory shall be limited to two shifts which shall not overlap or spread over more than five hours each; and each child shall be employed in only one of the relays which shall not, except with the previous permission in writing of the Chief Inspector, be changed more frequently than once in a period of thirty days.

Section 79 – ANNUAL LEAVES WITH WAGES

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 no. of days calculated @ rate of –

1.       Adult – 1 day for every 20 days

2.       Child – 1 day for every 15 days

3.       Female – maternity leave, not exceeding 12 weeks

(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.)

Section 80 – WAGES DURING LEAVE PERIOD

Entitled to wages @ equal to daily average of his total full time earnings for the days on which he actually worked during the month immediately preceding his leave