Business and Labor Laws

FACTORIES ACT 1934

1. Preliminary / Definitions
2. Inspecting staff
3. Health and safety
4. Restriction on working hour of adults
5. Holidays with pay and overtime
6. Special provisions for adolescent and
children
7. Penalties and procedures
Section 1,2,10-12,13-33,34-48,49-76
 THE FACTORIES ACT, 1934
(1) This Act may be called the Factories Act, 1934.
(2) It extends to the whole of Pakistan.
(3) It shall come into force on the 1st day of January
1935.

Section-1
 Definitions
Adult: means a person who has
completed his seventeenth year.

Section-2(b)
 Definitions
Adolescent: means a person who has
completed his fifteenth but has not
completed his seventeenth year.

Section-2(a)
 Definitions
Child: means a person who has not
completed his fifteenth year.

Section-2(c)
 Definitions
Day: means a period of twenty-four
hours beginning at mid-night.

Section -2(d)
 Definitions
Week: means a period of seven days
beginning at mid-night on Saturday
night.

Section – 2(e)
 Definitions
Power: means electric energy, and any
other form of energy which is
mechanically transmitted and is not
generated by human or animal agency.

Section – 2 (f)
 Definitions
Manufacturing process: means any process
for making, altering, repairing, ornamenting,
finishing or packing, or otherwise treating any
article or substance with a view to its use, sale,
transport, delivery or disposal, or
 for pumping oil, water or sewage, or
 for generating , transforming or transmitting
power.
Section-2(g)
 Definitions
Worker: means a person employed
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.
Section-2(h)
 Definitions
Factory: means any premises, including the
precincts thereof, 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 or is ordinarily carried on
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)
Section -2(j)
 Definitions
Machinery: includes all plant
whereby power is generated,
transformed, transmitted or applied.

Section-2(k)
 Definitions
Occupier: of a factory means the
person who has ultimate control over
the affairs of the factory: 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.

Section-2(L)
 Definitions
Relay & Shift: where work of the
same kind is carried out by two or more
sets of workers working during
different periods of the day, each of
such sets is called a "relay" and the
period or periods for which it works is
called a "shift“

Section-2(m)
 Definitions
Prescribed: means prescribed by
rules made by the Provincial
Government under this Act.

Section-2(n)
 Seasonal Factories
 A factory, which is exclusively engaged in one of the following
manufacturing processes, namely,
a. Cotton ginning, cotton or
b. Cotton jute pressing, the decortications of groundnuts,
the manufacture of coffee ,indigo, lac, rubber, sugar (including
gur) or tea or any of the aforesaid processes, is a seasonal factory :

 The Provincial Government may declare any specified factory in which

manufacturing processes are ordinarily carried on for more than one
hundred and eighty working days in the year and cannot be carried on
except during particular season or at times dependent on the irregular
action of natural forces, to be a seasonal factory for the purposes of this
Act.

Section 4
 Inspecting Staff
Inspector
Certifying surgeon
Powers of Inspector

Section 10-12
 Inspector
 The Provincial Government may, by notification in the 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 Provincial Government may appoint any person as Chief Inspector
who will also exercise power of Inspector through out the Province.
 No person having interest in a factory to be so appointed.
 Every District Magistrate shall be an Inspector for his district.
 The 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 the Act, within such local limits as it
may assign to them respectively.
 Every Inspector and Chief Inspector to be a Public Servant –PPC

Section 10
 Powers of Inspector
 Subject to rules made by Provincial Government, within his limits of
jurisdiction:-
 Enter with such assistants (if any), being persons in the service of state or of
any municipal or other public authority as he think fit any place which is or
which he believes is used as a factory or capable of being declared to be a
factory under the provisions of Factories Act 1934
 Make such examination of the premises and plant and of any prescribed
registers, and take on the spot or otherwise such evidence of persons as he
may deem necessary for carrying out the purposes of this Act
 Exercise such other powers as may be necessary for carrying out the
purposes of this Act

Provided no one shall be induced to criminate himself.

Section 11
 Certifying surgeons
 The Provincial Government may appoint such
registered medical practitioners as within such
local limits as it may assign to them
respectively.
A certifying surgeon may authorize any
registered medical practitioner to exercise any
of his power under the Factories Act 1934

Section 12
 Health and Safety
 Cleanliness
 Disposal of wastes & effluents
 Ventilation & Temperature
 Dust & Fumes
 Artificial Humidification
 Over crowding
 Lighting
 Drinking Water
 Latrines & Urinals
 Spittoons
 Precautions against contiguous or infectious disease
 Vaccination & Inculcation
 Provision of Canteen
 Welfare officer Section 13-24A
 Cleanliness
Accumulation of dirt and refuse be removed
daily
Floor of every work room be cleaned at least
once a week and disinfected
Effective means of drainage where floor get wet
during manufacturing process
Walls, ceilings or tops of rooms be repainted in
every 5 years
Record to be maintained in a register

Section-13
Disposal of Waste and Effluents
Effective arrangements to be made to
dispose off the waste and effluents created
due to manufacturing process
Provincial Government makes the rules to
be followed and appoint authority to
monitor its implementation

Section-14
 Ventilation And Temperature
 Effective and suitable provision to be made in every
factory for securing and maintaining in every work
room
◦ Adequate ventilation by the circulation of fresh air
◦ Such temperature as will secure to workers therein
reasonable conditions of comfort and prevent injury to health
◦ The walls and roof be of such material and design that such
temperature shall not exceed but rather kept as low as
practicable
 Provincialgovernment will prescribe standard of
adequate ventilation and reasonable temperature
Section 15
 Dust And Fumes
 In every factory in which manufacturing process
produces dust or fumes injurious or offensive to
workers, effective measures shall be taken to prevent
its accumulation in any work room and its inhalation
by workers
 Effective exhaust appliances where necessary be
installed as near as possible to the point of origin of
dust or fumes
 No stationary internal combustion engine shall be
operated in any factory unless the exhaust is
conducted into open air
Section 16
 Artificial Humidification
 Provincial government may in respect of all factories in which
humidity of air is artificially increased makes rules
◦ Prescribing standards of humidification
◦ Regulating the method used for artificially increasing the
humidity of the air
◦ Directing prescribed test for the determining the humidity of
the air to be correctly carried out and recorded
◦ Prescribing methods to be adopted for securing adequate
ventilation and pulling of the air in the work rooms
 Water used for increasing the humidity shall be effectively
purified or be from a source of drinking water
 Inspector finding water used of being not purified may serve a
notice to manager to adapt specified measures
Section 17
 Overcrowding
No work room to be overcrowded to the
extent of being injurious to health of
workers employed therein
350 cubic feet for every worker in
existing factories
500 cubic feet in factories established
after commencement Labour Laws
Ordinance 1972
Section-18
 Lighting
In every part of a factory where workers are working or
passing, there shall be:-
. Sufficient and suitable lighting, natural or
artificial or both
. Emergency lighting in case power failure
All glazed windows and sky lights to be kept clean and
free from obstructions
Effective provisions for prevention of glare either directly
or by reflection
Provincial government may prescribe standards for
sufficient and suitable lighting
Section 19
 Drinking Water
Effective arrangement for provision and maintenance
of suitable points for all workers employed with
sufficient supply of wholesome drinking water
All such point be legibly marked drinking water
No drinking water point to be situated within 20 feet
of any washing place, urinal or latrine
If workers strength is ordinarily is more than 250
then effective means of cooling the drinking water be
made
Daily renewal of drinking water
Section 20
 Latrines And Urinals
Sufficient latrines and urinals of prescribed type to be
provided conveniently situated and accessible to workers
at all times
Separate for male and female workers
Adequately lighted and ventilated
Clean and sanitary conditions to be maintained at all times
with suitable detergents or disinfectants or with both
Floors and internal walls be finished with a smooth
polished surface
Washing facilities near every sanitary convenience

Section 21
 Spittoons
Sufficient numbers of spittoons at
convenient places
Maintained in clean and hygienic
conditions
No person shall spit any where else
Penalty for violation to be displayed
prominently
Section 22
Precautions Against Contagious or
Infectious Diseases
Hygienic Card provided to every worker
Entry every January and July by
appointed Factory Doctor that worker not
suffering any contagious or infectious
disease
Worker found suffering on examination
shall not be on work till declared fit
Fee of examination to be paid by Factory
Section 23
 Safety For Workers
 Precautions against Fire
 Fencing of Machinery
 Work on machinery or near machinery in motion
 Employment of young person on dangerous machines
 Striking gear and devices for cutting off power
 Self acting machines
 Casing of new machinery
 Prohibition of employment of women and children near cotton opener
 Cranes and other lifting machines
 Hoists and lifts
 Revolving machinery
 Pressure plaint

Section 25-33C
 Safety of Workers
 Floors, stairs and means of access
 Pits, sumps, opening in floors etc
 Excessive weight
 Protection of eyes
 Power to require specification of defective parts or test of stability
 Safety of building, machinery and manufacturing process
 Power to make rules to supplement rules of health and safety
 Precautions against dangerous fumes
 Explosive or inflammable dust, gas etc
 Power to exclude children
 Notice of certain accidents
 Appeals
Section 33D-33P
 Safety of Workers
 Additional power to make health and safety rules
relating to shelters during rest
• Room for children
• Certificate of stability
• Hazardous operations

Section 33-Q
 Precautions Incase Of Fire
Every factory shall be provided with such means of escape incase of fire
as maybe prescribed
If inspector finds that any factory is not provided with the means of
escape prescribed, may serve on the manager an order in writing
specifying the measures to be adopted before a date specified in the order
In every factory the doors affording exit shall not be locked or fastened
Exit door be easily and immediately opened from inside while any person
is within the room and open outwards
Windows ,doors or other exit affording means of escape shall be
distinctly marked in language understood by the worker and in red
letters
Shall be provided effective and clearly audible means of warning incase
of fire
All workers be familiar with means of escape

Section 25
 Fencing Of Machinery
In every factory be securely fenced by the safeguards of
substantial construction to be kept in position while the parts
of machinery required to be fenced are in motion or in use
◦ Every moving part of a prime mover and flywheel connected to it
◦ Headrace and tailrace of every water wheel and water turbine
◦ Any part of a stock bar which projects beyond head stock of a lathe
◦ Every part of an electric generator, a motor or rotary converter,
transmission machinery and dangerous part of machinery
Where dangerous part of machinery cannot be securely
fenced due to operational requirement fancying be
substituted by automatic stopping device
Section 26
Work On Or Near Machinery In Motion
Examination or operation be carried out only by
specially trained adult male worker wearing tight fitting
clothes whose name has been recorded in the register
prescribed in this behalf
No woman or child be allowed 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 in motion
Provincial Government may prohibit in any specified
factory or class of factories cleaning, lubricating or
adjusting when the parts are in motion
Section 27
 Employment Of Young Persons On
Dangerous Machines
No child or adolescent allowed to work
unless fully instructed to the dangers
arising in the process
Adequate supervision and sufficient
training at the machine
Provincial Government to notify such
type of dangers where children or
adolescents are not to be employed
Section 28
Striking Gear & Devices For Cutting Of
Power
Suitable striking gear or other efficient and mechanical
appliances shall be provided and maintained and used to
move driving belts to and from fast and loose pulleys
which form part of transmission machinery and such
gear or appliances shall be so constructed, placed and
maintained as to prevent the belt from creeping back on
the fast pulleys
Driving belts which when not in use shall not be
allowed to rest or ride upon shaft in motion
Suitable devices for cutting off power, provided and
maintained in every work room
Section 29
 Self Acting Machines
No traversing part of a self acting machine in any
factory and no material carried there on shall, if
the space over which it runs is a space over which
any person is liable to pass, be allowed to run on
its outward or inward traverse within a distance of
18 inches from any fixed structure which is not
part of machine
Chief inspector may permit the continued use of a
machine installed before Labor Laws Ordinance
1972 in contravention
Section 30
 Casing Of New Machinery
In all machinery driven by power and installed
in any factory after Labor Laws Ordinance 1972
◦ Every set screw , belt or key on revolving shaft ,
spindle, wheel of pinion shall be so sunk encased or
otherwise effectively guarded as to prevent danger
◦ All spur , warm and other toothed or friction grating
which does not require frequent adjustment while in
motion shall be completely encased unless so situated
as safe as completely encased
Section 31
 Prohibition Of Employment
Women And Children Near
Cotton Openers
No woman or child will be employed in any part of
a factory for pressing cotton in which a cotton
opener is at work
Provided free end of cotton opener is in a separate
room from the delivery end by a partition extending
to the roof or to such height as the Inspector may
specify in writing women and children may be
employed on the side of partition where the free
end is situated
Section 32
 Restriction on Working Hours of
Adults
 DailyHours: An adult worker shall be allowed to work in a factory
for not more than 9 hours a day.
 And 10 hours a day for seasonal factory.

 Weekly Hours: A worker shall not be allowed to work for more

than 48 hours in a week and for seasonal factory 50 hours in
a week.
 Shall be allowed to work for male adult worker if for

technical reasons a work continues throughout the day a worker

may be allowed to work for 56 hours in a week .

 Interval for rest: If work continues for 6 hours then 1 hour.

 After every 5 hours 30 minutes.

Section 36,34 & 37

 Restriction on Double Employment

An adult worker is not allowed to work in a day in more than

one factory

Over Time

If a worker has worked for more than 9 hours in one

day or 48/50 hours in a week he shall be entitled to pay at the
rate twice his ordinary rate of pay.

Section 48 & 47
 RECAP
Preliminary/ Definitions
Inspecting Staff
Health & Safety
Restriction on Working Hours

NEXT WEEK
Holidays With Pay
Special Provision – Children & Adolescent
Over Time
Penalties and Procedures
 Holidays With Pay
 Annual holidays: A Worker who has completed 12 months continues
services allowed for 14 days consecutives holidays with full pay(sec49)

 Casual Leave: Every worker shall be entitled casual leave for 10 days in a
year

 Sick leave: Sixteen days sick leave on half average pay in a year.

 Festival holidays: Every worker shall be allowed with pay and all
declared festival holidays by provincial government.

 Compensatory Holidays: When a worker is deprived of any of the weekly

holidays he shall be allowed holidays of equal number to the holidays so
lost(sec 35A)

Section 35A – 49A,B,C&D

 Restriction on Double Employment

An adult worker is not allowed to work in a day in more than

one factory

Over Time

If a worker has worked for more than 9 hours in one

day or 48/50 hours in a week he shall be entitled to pay at the
rate twice his ordinary rate of pay.

Section 48 & 47
 Child Worker Working Hours
 No child who has not completed his 14 th year shall be
allowed to work in any factory.
 Not be allowed to work for more than 5 hours in a factory
 No child shall be allowed to work except between 6a.m to
7p.m
 Children's are not allowed to work on any cotton opener.,
or can not work on dangerous machines.
 Proper register should be maintained for children

Section 50-54
Working Hours Of Women Worker
 Women workers shall not be allowed to clean, lubricate, or
adjust any part of machinery (sec27)
 They are not allowed to work in a place where cotton opener is
at work
 A women shall not be allowed or required to work for more
than 9 hours in a day(sec 36)
 A women shall be allowed to work between 6a.m to 10p.m
provided that transport is available (sec45)
 A separate room for use of women where 50 or more women
worker is working

Section 27,36 & 45

 Penalties and Procedure
 Penalty for contravention of act and rules- Rs 500,Mgr &
Occupier for Health & Safety
 Enhanced penalty in certain cases after previous conviction-
Second Conviction Rs 750 but not less than Rs100.3rd
Conviction Rs 200-1000. Time gap 2 years.
 Penalty for failure to give notice of commencement of work or
change of manager
 Penalty for obstructing inspector
 Penalty for failure to give notice of accident
 Penalty for failure to make returns
 Penalty for making or using naked lights in vicinity of
inflammable material
 Penalty for using false certificate
 Penalty on guardian for permitting double employment of a
child
 Penalty for failure to displace certain notices
Section 60-69
 Penalties And Procedure
 Determination of occupier
 Exemption of occupier from liability
 Presumption as to employment
 Evidence as to age
 Cognizance of offenses
 Limitation of prosecution

Section 70-75
THANK YOU