The Sind Factories Act 2015

History
Factory Acts were introduced by United Kingdom to regulate the conditions of
industrial employment. Professional Factory Inspectorate Act was established in 1833.
Ten hours working hours were defined in 1847 Act for mill workers. From 1860
onwards more industries were brought within the Factory Act. In 1864 the Factories
Extension Act was passed to cover number of occupations.

The Provincial Assembly of Sind made some changes and passed Sind Factories Act
2015 in March 2016. Following are some salient features of changes.
SIND ACT No. XIII OF 2016 (CHAPTER 1)
“worker” means a person employed, 1[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, or in any other kind of work
whatsoever incidental to or connected with the manufacturing process or connected
with the subject of the manufacturing process, but does not include any person
solely employed in a clerical capacity in any room or place where no manufacturing
process is being carried on.

 No definition for employer.

 Worker definition has been changed, declaring each and every employee as
worker except occupier and manager having the hiring and firing authority.
 No worker shall be employed through an agency or contractor or sub-
contractor or middleman or agent, to perform production related work.
 Clerical staff included under worker category in manufacturing process.

HEALTH AND SAFETY (CHAPTER III) OVERCROWDING

No work room in any factory shall be overcrowded to an extent injurious to the health
of the worker employed therein.
(a) At least 350 cubic feet of space in the ease of a factory in existence on the
date of the commencement of the labour laws (amendment) ordinance 1972.
(b) At least 500 cubic feet of space in the case of a factory built after the
commencement of the labour laws (amendment) ordinance 1972.

 500 Cubic ft of space to be provided to every worker in a room with 14 ft height.

RESTRICTIONS ON WORKING HOURS OF ADULTS (CHAPTER IV)

Weekly hours. No adult worker shall be allowed or required to work in a factory for
more than [forty-eight] hours in any week. An adult worker in a factory engaged in work
which for technical reasons must be continuous throughout the day may work for fifty-
six hours in any week.

 No adult worker shall be allowed or required to work in a factory for more than
nine hours including breaks in any day. (Section 57).
 An adult worker in a factory shall be so arranged that they shall not spread over
more than ten and half hour (previously 12 hour).
 Women to work between 7 a.m. and 7 p.m. (previously 6 a.m. and 7 p.m.).
 If transport up to door available, female workers may work up to 10 p.m. in two
shifts.

Every worker shall be entitled to 16 days sick leave on half average pay in a year.

 Every worker shall be entitled to 16 days in a year sick leave on full pay.

Festival Holiday – Every worker shall be allowed holidays with pay on all days declared
by the Federal Government.

 Every worker shall be allowed festival holidays with pay on all days declared by
Government of Sind or Federal Government.

PENALTIES (CHAPTER VII)

The manager and occupier of the factory shall each be punishable with fine which may
extend to Rs.500/-.

 Fine has been increased from Rs.500/- to Rs.50,000/- but not less than
Rs.5,000/-.

If any person who has been convicted of any offence repeatedly shall be punishable
with fine which may extend to Rs.750/- and shall not be less than Rs.100/-.

 Enhanced penalty for repeat offence will be Rs.1,000/- for each day beginning
from the day of first conviction.

An occupier of a factory who fails to give any notice required by sub section (1), sub
section (1-A) (2) of section 9 shall be punishable with fine which may extend to
Rs.500/-.

 Penalty for failure to give notice of commencement of work increase from

Rs.500/- to Rs.10,000/-.
Penalty for obstructing Inspector – Whoever willfully obstruct an Inspector in the
exercise of any power under section 11, or fails to produce on demand by an Inspector
any register or any documents in his custody kept in pursuance of this Act or of any of
the rules made there under, or conceals or prevents any worker in a factory from
appearing before or being examined an Inspector, shall be punishable with fine which
may extend to Rs.500/-

 Penalty for obstructing Inspector increased from Rs.500/- to Rs.10,000/-.

Penalty for failure to give notice of accident – A manager of a factory who fails to give
notice of any accident as required under section 33-N shall be punishable with fine
which may extend to Rs.500/-.

 Penalty for failure to give notice of accident increase from Rs.500/- to

Rs.10,000/-.
Penalty for failure to make returns – If in respect of any factory any return is not
furnished as required under section 77, the manager and the occupier of the factory
shall each be liable to fine which may extend to Rs.500/-.

 Penalty for failure to make returns increased from Rs.500/- to Rs.20,000/-.

Penalty for smoking or using naked light in vicinity or inflammable material.

- Whoever smokes, or uses a naked light or causes or permit any such light to be used
in the vicinity of any inflammable material in a factory shall be punishable with fine
which may extent to Rs.500/-.

 Penalty for using naked lights in vicinity of inflammable material increased from
Rs.500/- to Rs.5,000/-.
 Penalty for using false certificate. - Whoever knowingly uses or attempts to use, as
a certificate granted to himself under section 52, a certificate granted to another person
under that section, or who having procured such a certificate, knowingly allows it to be
used, or an attempt to use it to be made, by another person, shall be punishable with
fine which may extend to Rs.20/-.

 Penalty for using false certificate increased from Rs.20/- to Rs.300/-.

Penalty for failure to display certain notices. - A manager of a factory who fails to
display the notice required under sub-section (1) of section 76 or by any rule under this
Act or to display or maintain any such notice as required by sub-section (2) of that
section, shall be punishable with fine which may extend to Rs.500/-.

 Penalty from failure to display notices increased from Rs.500/- to Rs.5,000/-.