(Sec. 10.) class to which the Governor General in Council has, by notification in the Gazette of India, declared this section not to apply.1 "5B. (1) No person shall be employed in any factory on a Sunday: (2) Provided as follows: (a) any manager, foreman, mechanic, artizan or labourer may be employed in a factory on a Sunday in examining or repairing, or in supervising or aiding in the examination or repair of, any machinery or other thing whatsoever necessary for the carrying on of the work performed in the factory; (b) any person may be employed in a factory on a Sunday if he has had (c) the Local Government may from time to time, by notification in the (iii) by its nature cannot be carried on except at stated seasons or (d) the Governor General in Council may from time to time, by notifica- "Women. Holidays. "6. (1) No woman shall be employed before five o'clock in the morning Employment or after eight o'clock in the evening in any factory in which a system of of women. employment in shifts or sets approved by the local Inspector is not in force. (2) No woman shall be actually employed in any factory in any one day for more than eleven hours. (3) Every woman shall be allowed an interval or intervals of rest amounting in the aggregate to at least an hour-and-a-half in the day when she is actually employed for eleven hours and to a proportionately less time when she is actually employed for less than eleven hours. 1 See the seventh footnote on page 383, General Acts, Vol. III, Ed. 1898. For declarations issued under this provision, see footnote on p. 384, General Acts, Vol. III, Ed. 1898. (Sec. 10.) (4) The Governor General in Council may from time to time, by notification in the Gazette of India, declare all or any of the foregoing sub-sections of this section not to apply to factories of any class described in the notification or to women employed in any process so described. "Children. "7. (1) No child shall be employed in any factory if he is under the age of nine years. (2) No child shall be employed in any factory before five o'clock in the morning or after eight o'clock in the evening. (3) No child shall be actually employed in any factory for more than seven hours in any one day. (4) Every child who is actually employed in any factory for six hours in any one day shall be allowed an interval or intervals of rest amounting in the aggregate to at least half-an-hour. 8. No occupier of a factory shall allow any child to clean any part of the mill-gearing or machinery of such factory while the same is in motion, or to work between the fixed and traversing parts of any self-acting machine while such machine is in motion by the action of the steam-engine, water-wheel or be. other mechanical power, as the case may "9. The Local Government may direct any occupier of a factory to keep,1 in such form and with such particulars as such Government may from time to time prescribe, registers of the children (if any) employed in such factory, and of their respective employments. "Women and Children. "10. (1) The occupier shall set up and maintain, in some conspicuous place in the factory, a printed or written notice, in English and the languages of the district in which the factory is situated, showing the times at which such intervals as are required by section 6, sub-section (3), and section 7, sub-section (4), to be allowed to women and children, respectively, shall be allowed and the length of each interval. (2) A woman or child shall not be deemed to be actually employed within the meaning of section 6 or section 7 during any such interval as aforesaid. "11. No occupier of a factory shall employ therein on any day any woman or child who has to his knowledge already been employed on the same day in any other factory." 1 For notifications issued under this provision, see footnote on p. 385, General Acts, Vol. III, Ed. 1898. (Secs. 11-14.) 11. In clause (a) of section 12 of the said Act the word "or", where it Amendment first occurs, is hereby repealed. 12. In section 13 of the said Act, after the word "hours" the word" next shall be inserted, and for the words "such accident" the words "the accident" shall be substituted. of section 12, Amendment Act XV, 1881. 13. (1) In section 14 of the said Act, before the words "the place" the Amendment words" and of " shall be inserted. (2) The words " (if any) " in the same section of the said Act are hereby repealed. of section 14, 14. For section 15 of the said Act the following shall be substituted, Substitution namely: of new sec tion for sec tion 15, Act XV, 1881. "15. (1) Any person who, in breach of this Act or of any order or rule Penalties. made thereunder,— (a) employs any person in any factory; (b) allows any child to perform the work forbidden by, or to work in contravention of, section 8; (c) neglects to keep a register in manner prescribed under section 9 ; (d) neglects to set up or maintain the notice required by section 10, sub section (1); 1(e) neglects to fence any machinery or mill-gearing in any factory; (g) neglects to ventilate any factory or to keep any factory in a cleanly (h) suffers any factory to be so overcrowded, while work is carried on (i) neglects to send any notice or furnish any return, shall be punished with fine which may extend to two hundred rupees : Provided that (i) no prosecution under this sub-section shall be instituted except by, (ii) no person shall be liable under this sub-section to more than one 1Cf. the Factories Act, 1844 (7 & 8 Vict., c. 15), s. 43; and the Factories Act, 1856 (19 & 20 Vict., c. 38), s. 6. Both Acts are repealed by the Factories and Workshops Act, 1878 (41 & 42 Vict., c. 16). Amendment of section 17, Act XV, 1881. Occupier primarily liable for breaches of Act or orders or rules thereunder. Amendment of section 18, Power to make rules, (Secs. 15-16.) penalty for any one description of offence committed on the same day, except where two or more persons are employed contrary to the provisions of this Act, in which case one penalty may be imposed in respect of each person so employed. (2) Any person who corruptly uses or attempts to use, as a certificate granted to himself under section 5, a certificate granted to another person under that section, or who, having procured a certificate under the said section, corruptly allows it to be used, or an attempt to use it to be made, by another person, shall be punished with fine which may extend to twenty rupees. "" 15. For section 17 of the said Act the following shall be substituted, namely: "17. Every occupier of a factory shall be deemed primarily liable for any breach therein of this Act or of any order or rule made thereunder; but he may discharge himself from such liability by proof that such breach was committed by some other person without his knowledge or consent, and in that case the person committing such breach shall be liable therefor." 16. (1) For section 18 of the said Act the following shall be substituted, namely: "18. (1) Subject to the control of the Governor General in Council, the Local Government may from time to time make rules consistent with this Act to provide for1 (a) the fencing of machinery and mill-gearing in factories; (b) the water-supply to be maintained for the use of persons employed in factories; (c) the ventilation of factories and their cleanliness (including lime-washing, painting, varnishing and washing) and freedom from effluvia arising from any drain, privy or other nuisance; (d) the prevention of such overcrowding of factories, while work is carried on therein, as is likely to be injurious to the health of the persons employed therein; (e) the inspection of factories; (f) the manner in which appeals under this Act are to be presented and heard; and (g) otherwise carrying out the purposes of this Act. (2) The Governor General in Council may from time to time make rules 1 For rules issued in accordance with this provision, see the footnote to s. 18 as printed in General Acts, Vol. III, Ed. 1898, p. 388. (Sec. 17-19.) requiring occupiers of factories to furnish such returns, occasional or periodical, (3) Such rules shall be published in the local official Gazette, or the (4) Before making rules under clause (b), clause (c) or clause (d) of subsection (1) of this section the Local Government, and before making rules under sub-section (2) of this section the Governor General in Council, shall publish in such manner as may in its or his opinion be sufficient for giving information to persons interested a draft of the proposed rules, with a notice specifying a date (not less remote than two months from the publication of the notice) at or after which the draft will be taken into consideration, and shall consider any objection or suggestion which may be received from any person with respect to the draft before the date so specified." 17. In section 19 of the said Act, the word "such," where it occurs before Amendment the word "factory," is hereby repealed. 18. To the said Act the following shall be added, namely of section 19, Addition of Act XV, 1881. Local Gov "20. (1) Notwithstanding anything in clause (6) of the definition of the Power to word "factory" in section 2, the Local Government may from time to time, ernment to by notification in the official Gazette, declare any premises or premises of any extend definclass, which fulfil the other conditions of the said definition, to be a factory for "factory." all the purposes of this Act, or for such of those purposes as may be specified in the notification, if the number of persons simultaneously employed in the premises on any day in any manual labour in, or incidental to, any such process as is referred to in the said clause (b) is less than fifty and not less than twenty. (2) The Local Government may, by such notification, fix any number below fifty and not below twenty as the number of persons whose simultaneous employment as aforesaid is to be held to subject premises, as a factory, to all or any of the provisions of this Act and of the orders and rules made thereunder." 19. A reference in any enactment or document to the Indian Factories Act, References to 1881,1 shall be read as a reference to that Act as amended by this Act. 1 Printed, General Acts, Vol. III, Ed. 1899, p. 382. Act XV of 1881 to be read as references to that Act as amended by this Act. |