Factories Act, 1934

Chapter - 03
Subject title: Labor law in Pakistan
Book: THE MERCANTILE & INDUSTRIAL LAW IN PAKISTAN
By: khawaJa amjad saeed

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 Introduction

 The main objective of Factories act, as amended in 1987, is to

ensure adequate safety measures and to promote the health
and welfare of workers employed in factories.
 It consists of 82 section

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 Applicability
 It was enforced on 1st January 1935.
 Adolescent: who completed his/her 15 , but not completed his/her 17 years.
 Adult: individual who has completed 17 years.
 Child: who has not completed 15 years.
 Manufacturing process: process of making, altering, repairing, ornamenting, finishing or
packing.
 Worker: A person employed, whether for wage or not
 Factory: Any premises including the precincts thereof where 20 or more worker are
working.
 Occupier: the person who has ultimate control over the affairs of the factory.

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 Seasonal factories
 Factories are categorized into two types:
 Ordinary Factory: also known as regular factory and it continues to work for more than 180
days in a year.
 Seasonal Factory: work within a particular season and is exclusively engaged in the
manufacturing process like: cotton ginning, jute processing, coffee, sugar, rubber.
 Before starting any work in any seasonal factory each season, the occupier is required to send
to the Inspector a written notice:

 The name and location of the factory.

 Proper address for communication
 Nature of the manufacturing process
 The nature and the amount of the power to be used
 The manger name
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 Health & Safety Prescribed in Factory Act 1934
1. Cleanliness
2. Disposal of wastes & effluents: e.g., pharmaceutical company
3. Ventilation & Temperature
4. Dust & fume
5. Artificial humidification
6. Overcrowding
7. Lighting ( sun light, emergency light)
8. Drinking water ( legibly ,marked “Drinking Water”)
9. Rest room

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Health & Safety Prescribed in Factory Act 1934
• 10. Spittoons (Rs. 200 fine)
• 11. Precautions against contagious or infection disease. ( According to
section 23, factory provide “ Hygiene Card” during January to July, examine
through factory doctor).
• 12. Compulsory vaccination & inoculation (HIV, TB, Hepatitis, Jaundice ).
• 13. Provision of canteen (hygienic food)
• 14. Precautions in case of fire. (marked the Exit with red letter, free passage
shall be maintained )
• 15. Fencing of machinery. Moving parts, have to be covered with net or Grill.

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 Health & Safety Prescribed in Factory Act 1934
• 16. Work on or near machinery in motion. ( must examine the all moving parts, hire
trained adult and his name must be register and he is responsible for maintenance.
No women or children shall be allowed for clean, lubricate or adjust)
• 17. Hoists and lifts. Every factory should have hoist or lift, adequate strength,
properly maintained, working load marked on it.
• 18. Protection of eyes. Provide effective screen or suitable goggles.
• 19. power to exclude children. According to section 33-M, provincial govt: prohibits
the child labor.
• 20. Notice of certain accidents. If an accident occurs in factory, factory manager,
inform to the chief inspector within 48 hours.
• 21. Safety of building, machinery and manufacturing process.

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Provisions Relating working Hours of Adults
 Weekly Hours: adult maximum 48 hours in a week, in seasonal factory
maximum 50 hours, if technical work nature then 56 hours in a week.
 Weekly holiday: one day a week.
 Daily hours: maximum 9 hours, but for male adult in seasonal factory
maximum 10 hours.
 Intervals for rest: one hour interval after six continues working hours, and
half hour after 5 working hours.
 Extra pay for over time: pay the over time, the rate is twice his/her ordinary
pay rate.

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Provisions Relating working Hours of Adults
Further restriction on the employment of women. Women not allowed to work on late
hours, they leave the factory premises before 7pm

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 Provision Regarding holiday with Pay
• According to section 49 – B every worker can a take 14 consecutive day leaves.
• Only those worker are eligible who have completed continuous 12 month service.
• This leaves will be granted with full pay.
• Pay during holidays: ( pay rate equivalent to the daily average of his/her wage)
• Casual leaves and : ( casual leaves with full pay only for 10 days)
• Sick leave: ( 16 days , half average pay rate)
• Festival holidays: ( allowed by provincial govt )

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 Provision regarding Adolescent & Children
• 1- Prohibit the young employment (under 14)
• 2- Non- adult reference with fitness certificate ( above 14)
• 3- Certificate of fitness
• 4- Restriction of the working hours ( above 14, not more then 5 hour)

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 The Inspecting Staff
 The State of Govt is empowered to appoint a qualified person as a Inspector.
 Every district Magistrate works as an Inspector of Factories in his district.
 The chief inspector is vested with powers of an inspector throughout the province.

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 The powers of Inspector

 He make examination of the premises, plant, machinery, article or

substance.
 Inquire for any accident , dangerous occurrence, go on the spot or
statement of any person.
 Seize, take copy, record, register of the document
 Take measurement and photograph
 If he found any substance , which seems dangerous for health
and safety of the worker, he directs to dismantled for test

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 Certifying Surgeons
 The state Govt appoint qualified medical practitioners
 Examining the young employee certificate
 Examine the person who working in dangerous occupation, e.g. near boiler, chemical
counters
• Give medical supervision:
– Illness occur due to manufacturing process
– Due to injury
– Change manufacturing process or adoption of new manufacturing process, new substance
– Issues the certificate to young employee
– Ordinary visits after 3 month

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