The Factories Act, 1948 - Department of Labour, Government of ...

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16. THE INTRODUCTIONS UNDER THEFACTORIES ACT 1948(A) Copy of Letter No. 9815-C-6687. L-4 P-55-55/55968 dated 19th September, 1955from the Secretary to Government. Punjab Labour Department, Chandigarh, to theGeneral Officer-in-chief, Western Comm-andm SimlaSubject—Application of the Factories Act, 1948 to Defence InstallationsIn continuations of Punjab Government en-dorsement No. 4050/3355-C-LP-5p/24710,dated the 18th May, 1955, on the subject noted above I am directed to State that in viewof the position explained by the Government of India in their letter No. FAC 41(416),dated the 10th August, 1965 (Copy enclosed) The State Government regret their enabilityto exempt the Civilian General Transport companies at Pathankot from the application ofthe Factories Act, 1948. I am, accordingly to request you to kindly have these factoriesregistered under the said Act at a very early date. The Labour Commissioner, Punjab, isbeingasked to keep in view the instruction contained in letter No. Fac 41 (134), dated the13th November, 1953, from the Government of India (copy enclosed)(B) Copy of D.O. No. CAF/30 (46), dated the 30th September, 1957, from shri N.S.Mankiker) Chief Adviser of Factories, Ministry of Labour, New Delhi, to Shri C.A.Ahuja Chief Inspector of Factories, Alexander Road, Ambala Cantt.Will you please refer to your D.O. letter No. 27649, dated the 26th September, 1957,enquiring whether in case of a factory whose proprietors, Management workers andMachinarly remain unchanged but only the Factory is shifted from one placed to another,the licence originally granted would hold good.In the absence of specific rules in the matter Rule 9 of Punjab Factory Rules, will applyin which discretion for the amendment of licence is given wholly to the Chief Inspectorof Factories. In the present case, I think, it would not be inapproprite for your to merelyamend the licence on charging the prescribed fee of rupees five.The amendment in this case, will be only change in the location of the factory.(C) Copy of letter No. 3305-5 Lab-58/35182, dated 2nd May, 1958, from Secretary toGovernment Punjab, Labour Department Chandigarh to the Labour Commissioner,Punjab, Ambala Cantt.Subject—Expemtion from the provisions of section 58 of the Factories Act, 1948Reference you letter No. GGN/P-66961 dated 4th March, 1958. on subject noted above.2. Government desired that in future the views of workers and their Unions must beascertained and forwarded to Government. This would make matters fully clear and if theworkers desire to object, opportunities should be afforded to them for the said purpose.There fore, you are requested to do the needful in this case immediately.(D) Copy of letter No. CAF/40(3) dated the 10th October, 1957 addressed to the Directorof Industrial Statistics, Ministry of Commerce and Industry. I Council House Street,Calcutta-1
Subject—Treatment of Students of Technical Institutes as ‘‘Workers’’ under theFactories Act, 1948.With reference to your letter No. 7-SIG(3) 52, dated the 9th December, 1954, and thecorrespondence resting with yiur reminder, Ministry of Law have advised that studentsworking in the Technical Institute registered as ‘‘factories’’ are to be treated as‘‘workers’’ under the Factories Act, 1948.(E) A copy of letter No. CAE/30(3), dated 13th December, 1956, from the office of theChief Adviser Factories.Subject—Overtime wages under Factories Act, 1948.Sir,Please refer to your letter No. 25353, dated the 24th September, 1956, on the abovesubject.The Factories Act, 1948 provides only for weekly holidays and if a worker is deprived ofany of such holidays the provision of section 53 requires that he should be allowedcompensatory holidays of equal number, the idea being that a worker must have rest for awhole day after a week’s work. Any other holdiays granted to worker for festivals orother similar occasions in any factory depend upon the local usage or custom, and there isno provision in the Factories Act to regulate the work done on those holidays.The provisions of section 59 relating to over-time wages will apply where the daily hoursof a workers exceed 9 or the hours worked in a week exceed 48 irrespective of theworker’s having worked on a weekly holiday or festival holiday or any other day.Your faithfullyS.R. BHISE,Chief Adviser, Factories(F) GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENTOFFICE OF THE CHIEF ADVISER FACTORIESNO. 1 (5)/57-GAF, IITHE NEW DELHI, THE 5TH APRIL, 1958.FromShri N.S. Mankiker, B.Sc. B.E., A.M.I.E.,Chief Adviser, FactoriesToThe Chief Inspector of FactoriesPunjab Ambala Cantt.Subject—Licencing fee in factories :Sir,With reference to your letter No. ASR/A-27/7080, dated the 8th March, 1958, I am tostate the according to the definition of the term ‘factory’ in the Factories Act, 1948, anestablishment which is a ‘factories’ on any date will continue to be a factorry for 12monthes from that date though on any-days during those 12 months not more than 9
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