Description
President Pranab Mukherjee Has Given His Assent To Maharashtra Factories (Amendment) Bill, 2015 Of Maharashtra Government To Allow Women To Work In Factories In Night Shifts
The Amendment Bill Amends Section 66(1) (C) Of Factories Act, 1948 To Ease Provisions Related To Working Of Women In Night Shifts In The State.
Key Facts
* The Amendment Of 67-Year Old Act Also Makes Mandatory For Factory Managements To Ensure Security Of Women Working In Night Shifts.
* Prior To Amendment, The Section 66(1) (C) Of Parent Act Did Not Allowed Women Employees To Work In The Factories In Night Shift Between From 7 PM And 6 AM.
* Apart From This, The Amendment Bill Also Enables Workers To Be Eligible For Paid Leave After Working For 90 Days In A Year Instead Of The Current 240 Days Or More.
* Besides This, The Amendment Also Does Not Make Mandatory For Workers To Take The Management’s Permission For Working Overtime. In This Regard, The Amendment Bill Has Increased The Working Limit To 115 Hours From The Current 75 In 3 Months.
With This, Maharashtra Has Joined The List Of 6 Indian States That Already Have Allowed Women To Work In Night Shifts Or Are In The Process Of Doing So. They Are Rajasthan, Haryana, Andhra Pradesh, Punjab And Madhya Pradesh.
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MAHARASHTRA ACT No. XL OF 2015.
(First published, after having received the assent of the President in the
“ Maharashtra Government Gazette ”, on the 2nd December 2015).
An Act further to amend the Factories Act, 1948, in its application to
the State of Maharashtra.
WHEREAS it is expedient further to amend the Factories Act, 1948,
in its application to the State of Maharashtra, for the purposes hereinafter
appearing; it is hereby enacted in the Sixty-sixth Year of the Republic of
India as follows :—
1. (1) This Act may be called the Factories (Maharashtra Amendment)
Act, 2015.
(2) It shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint.
63 of
1948.
Short title and
commencement.
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|·t-tt·tt+z-t ×t-t-tt |·t·t·t+ (;:t-tt ×-t·tt-).
In pursuance of clause (3) of article 348 of the Constitution of India, the following
translation in English of the Factories (Maharashtra Amendment) Act, 2015 (Mah. Act No. XL of
2015), is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
N. J. JAMADAR,
I/c. Secretary (Legislation)
to Government,
Law and Judiciary Department.
RNI No. MAHENG/2009/35528
¦ÉÉMÉ +É`ö--116--1
(1)
- -trt·t·· ttt-t-t ·t-t-t·t ×-tt·tt·ªt -tt·t ×t-. |z-t·t· -. -»·~í×:trt·tªt ··. tt+ ·º-÷
2. In section 2 of the Factories Act, 1948, in its application to the
State of Maharashtra (hereinafter referred to as “the principal Act”), in
clause (m),—
(a) in sub-clause (i), after the words “whereon ten or more workers”
the words “or such number of workers as may be specified by the State
Government by notification, from time to time” shall be inserted ;
(b) in sub-clause (ii), after the words “whereon twenty or more
workers” the words “or such number of workers as may be specified by
the State Government by notification, from time to time” shall be
inserted ;
(c) after sub-clause (ii), the following proviso shall be inserted,
namely :—
“ Provided that, the number of workers to be specified by the
State Government in sub-clauses (i) and (ii) shall not exceed twenty
and forty workers, respectively.”.
3. In section 65 of the principal Act,—
(a) for sub-section (2), the following sub-section shall be substituted,
namely :—
“(2) On such terms and conditions as may be prescribed, any or all of
the adult male workers in any factory or group or class or description of
factories may be exempted from any or all of the provisions of sections 51,
52, 54 and 56 on the ground that the exemption is required to enable the
factory or factories to deal with an exceptional press of work.”;
(b) in sub-section (3), in clause (iv), for the words “shall not exceed
seventy-five” the words “shall not exceed one hundred and fifteen” shall be
substituted.
4. In section 66 of the principal Act, in sub-section (1), in clause (b),
for the existing proviso, the following proviso shall be substituted,
namely :—
“ Provided that, the women workers may be required or allowed to
work even between the hours of 7.00 p.m. and 6.00 a.m. in any factory
in which adequate safety and security measures or safeguards as may be
prescribed are provided;”.
5. In section 79 of the principal Act, in sub-section (1),—
(a) for the figures and word “ 240 days ” the figures and word
“ 90 days ” shall be substituted;
(b) in Explanation 1, for the figures and word “ 240 days ” the
figures and word “ 90 days ” shall be substituted.
6. In section 85 of the principal Act, in sub-section (1), in clause (i),—
(a) after the words “ less than ten ” the words “ or such number of
workers as may be specified by the State Government under sub-clause
(i) of clause (m) of section 2” shall be inserted;
(b) after the words “ less than twenty ” the words “ or such number
of workers as may be specified by the State Government under sub-
clause (ii) of clause (m) of section 2, ” shall be inserted.
7. After section 92 of the principal Act, the following section shall be
inserted, namely :—
“ 92A. (1) The State Government may, by notification in the Official
Gazette, prescribe in respect of the offences specified in the Fourth
Schedule, which may before the institution of the prosecution, be
compounded by such officer not below the rank of Deputy Chief Inspector
63 of
1948.
Amendment of
section 2 of 63
of 1948.
Amendment
of section 65
of 63 of 1948.
Amendment of
section 66 of
63 of 1948.
Amendment
of section 79
of 63 of 1948.
Amendment
of section 85
of 63 of 1948.
Insertion of
section 92A in
63 of 1948.
Compounding
of certain
offences.
-trt·t·· ttt-t-t ·t-t-t·t ×-tt·tt·ªt -tt·t ×t-. |z-t·t· -. -»·~í×:trt·tªt ··. tt+ ·º-÷ -
of Factories and for such amount as may be prescribed but the amount of
fine shall not be more than the fine prescribed under section 92 :
Provided that, the State Government may, by notification in the
Official Gazette, amend the Fourth Schedule by way of addition, omission
or variation of any offence specified in the said Schedule.
(2) Where an offence has been compounded under sub-section (1), no
further proceedings shall be taken against the offender in respect of such
offence.”.
8. In section 105 of the principal Act, in sub-section (1), for the
words “ an Inspector ” the words “ the Chief Inspector ” shall be substituted.
9. After the THIRD SCHEDULE appended to the principal Act, the
following SCHEDULE shall be added, namely :—
“ THE FOURTH SCHEDULE
(See section 92A)
List of Compoundable Offences
Serial Section and rules framed Nature of offence
number thereunder and orders
issued thereunder
(1) (2) (3)
1. Section 11 - Cleanliness. Not maintaining cleanliness as per
the provisions.
2. Section 18 - Drinking water. Not providing and maintaining
arrangements for drinking water
as per the provisions.
3. Section 19 - Latrines and urinals. Not providing latrine and urinal
accommodation as per the provisions.
4. Section 20 - Spittoons. (a) Not providing the spittoons as per
the provisions.
(b) Spitting in contravention of
sub-section (3) of section 20.
5. Section 42 - Washing facilities. Not providing and maintaining
washing facilities as per the provisions.
6. Section 43 - Facilities for Not providing facilities as per the
storing and drying of wet provisions.
clothing.
7. Section 44 - Facilities for sitting. Not providing facilities as per the
provisions.
8. Sub-sections (1), (2) and (3) Not providing and maintaining first-aid
of section 45 - First-aid appliances as per the provisions.
appliances.
9. Section 46 - Canteens. Not providing and maintaining canteen
as per the provisions.
10. Section 47 - Shelters, rest Not providing and maintaining shelters,
rooms and lunch rooms. rest rooms and lunch rooms as per the
provisions.
11. Section 48 - Creches. Not providing and maintaining creches
as per the provisions.
12. Section 50 - Power to make Not complying with the rules framed
rules to supplement under section 50.
Chapter V.
13. Sub-section (2) of section Not displaying the notice and not
53-Compensatory Holidays. maintaining the register for
compensatory holiday.
Amendment of
section 105 of
63 of 1948.
Addition of
FOURTH
SCHEDULE
to 63 of 1948.
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14. Sub-section (5) of section Not maintaining the prescribed registers.
59 - Extra wages for overtime.
15. Section 60 - Restriction on Allowing a worker a double employment
double employment. on any day.
16. Section 61 - Notice of periods Not complying with the provisions.
of work for adults.
17. Section 62 - Register of adult Not maintaining register as per
workers. the provisions.
18. Section 63 - Hours of work to Not complying with the provisions.
correspond with notice under
section 61.
19. Section 64 - Power to make Not complying with the rules framed
exempting rules. under section 64.
20. Section 65 - Power to make Not complying with the orders issued
exempting orders. under section 65.
21. Section 79 - Annual leave Not complying with the provisions.
with wages.
22. Section 80 - Wages during Not complying with the provisions.
leave period.
23. Section 81 - Payment in Not complying with the provisions.
advance in certain cases.
24. Section 82 - Mode of recovery Not complying with the provisions.
of unpaid wages.
25. Section 83 - Power to Not maintaining registers as per rules
make rules. and not complying with the
provisions.
26. Section 84 - Power to exempt Not complying with the conditions
factories. specified in the exempting order.
27. Section 93 - Liability of owner Not complying with the provisions
of premises in certain contained in sub-section (1) and clauses
circumstances. (i) and (vi) of sub-section (3).
28. Section 97 - Offences by Not complying with the provisions.
workers.
29. Section 108-Display of notices. Not complying with the provisions.
30. Section 110-Returns. Not complying with the provisions.
31. Section 111 - Obligation of Not complying with the provisions.
workers.
32. Section 111A - Right of Denial of rights of workers.
workers, etc.
33. Section 114 - No charge for Demanding charge from worker for
facilities and conveniences. providing any facility under the Act.”.
(1) (2) (3)
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED
AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,
STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.
doc_466454324.pdf
President Pranab Mukherjee Has Given His Assent To Maharashtra Factories (Amendment) Bill, 2015 Of Maharashtra Government To Allow Women To Work In Factories In Night Shifts
The Amendment Bill Amends Section 66(1) (C) Of Factories Act, 1948 To Ease Provisions Related To Working Of Women In Night Shifts In The State.
Key Facts
* The Amendment Of 67-Year Old Act Also Makes Mandatory For Factory Managements To Ensure Security Of Women Working In Night Shifts.
* Prior To Amendment, The Section 66(1) (C) Of Parent Act Did Not Allowed Women Employees To Work In The Factories In Night Shift Between From 7 PM And 6 AM.
* Apart From This, The Amendment Bill Also Enables Workers To Be Eligible For Paid Leave After Working For 90 Days In A Year Instead Of The Current 240 Days Or More.
* Besides This, The Amendment Also Does Not Make Mandatory For Workers To Take The Management’s Permission For Working Overtime. In This Regard, The Amendment Bill Has Increased The Working Limit To 115 Hours From The Current 75 In 3 Months.
With This, Maharashtra Has Joined The List Of 6 Indian States That Already Have Allowed Women To Work In Night Shifts Or Are In The Process Of Doing So. They Are Rajasthan, Haryana, Andhra Pradesh, Punjab And Madhya Pradesh.
-trt·t·· ttt-t-t ·t-t-t·t ×-tt·tt·ªt -tt·t ×t-. |z-t·t· -. -»·~í×:trt·tªt ··. tt+ ·º-÷ ·
MAHARASHTRA ACT No. XL OF 2015.
(First published, after having received the assent of the President in the
“ Maharashtra Government Gazette ”, on the 2nd December 2015).
An Act further to amend the Factories Act, 1948, in its application to
the State of Maharashtra.
WHEREAS it is expedient further to amend the Factories Act, 1948,
in its application to the State of Maharashtra, for the purposes hereinafter
appearing; it is hereby enacted in the Sixty-sixth Year of the Republic of
India as follows :—
1. (1) This Act may be called the Factories (Maharashtra Amendment)
Act, 2015.
(2) It shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint.
63 of
1948.
Short title and
commencement.
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×-tt·tt·ªt -tt·t ×t-
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|·t-tt·tt+z-t ×t-t-tt |·t·t·t+ (;:t-tt ×-t·tt-).
In pursuance of clause (3) of article 348 of the Constitution of India, the following
translation in English of the Factories (Maharashtra Amendment) Act, 2015 (Mah. Act No. XL of
2015), is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
N. J. JAMADAR,
I/c. Secretary (Legislation)
to Government,
Law and Judiciary Department.
RNI No. MAHENG/2009/35528
¦ÉÉMÉ +É`ö--116--1
(1)
- -trt·t·· ttt-t-t ·t-t-t·t ×-tt·tt·ªt -tt·t ×t-. |z-t·t· -. -»·~í×:trt·tªt ··. tt+ ·º-÷
2. In section 2 of the Factories Act, 1948, in its application to the
State of Maharashtra (hereinafter referred to as “the principal Act”), in
clause (m),—
(a) in sub-clause (i), after the words “whereon ten or more workers”
the words “or such number of workers as may be specified by the State
Government by notification, from time to time” shall be inserted ;
(b) in sub-clause (ii), after the words “whereon twenty or more
workers” the words “or such number of workers as may be specified by
the State Government by notification, from time to time” shall be
inserted ;
(c) after sub-clause (ii), the following proviso shall be inserted,
namely :—
“ Provided that, the number of workers to be specified by the
State Government in sub-clauses (i) and (ii) shall not exceed twenty
and forty workers, respectively.”.
3. In section 65 of the principal Act,—
(a) for sub-section (2), the following sub-section shall be substituted,
namely :—
“(2) On such terms and conditions as may be prescribed, any or all of
the adult male workers in any factory or group or class or description of
factories may be exempted from any or all of the provisions of sections 51,
52, 54 and 56 on the ground that the exemption is required to enable the
factory or factories to deal with an exceptional press of work.”;
(b) in sub-section (3), in clause (iv), for the words “shall not exceed
seventy-five” the words “shall not exceed one hundred and fifteen” shall be
substituted.
4. In section 66 of the principal Act, in sub-section (1), in clause (b),
for the existing proviso, the following proviso shall be substituted,
namely :—
“ Provided that, the women workers may be required or allowed to
work even between the hours of 7.00 p.m. and 6.00 a.m. in any factory
in which adequate safety and security measures or safeguards as may be
prescribed are provided;”.
5. In section 79 of the principal Act, in sub-section (1),—
(a) for the figures and word “ 240 days ” the figures and word
“ 90 days ” shall be substituted;
(b) in Explanation 1, for the figures and word “ 240 days ” the
figures and word “ 90 days ” shall be substituted.
6. In section 85 of the principal Act, in sub-section (1), in clause (i),—
(a) after the words “ less than ten ” the words “ or such number of
workers as may be specified by the State Government under sub-clause
(i) of clause (m) of section 2” shall be inserted;
(b) after the words “ less than twenty ” the words “ or such number
of workers as may be specified by the State Government under sub-
clause (ii) of clause (m) of section 2, ” shall be inserted.
7. After section 92 of the principal Act, the following section shall be
inserted, namely :—
“ 92A. (1) The State Government may, by notification in the Official
Gazette, prescribe in respect of the offences specified in the Fourth
Schedule, which may before the institution of the prosecution, be
compounded by such officer not below the rank of Deputy Chief Inspector
63 of
1948.
Amendment of
section 2 of 63
of 1948.
Amendment
of section 65
of 63 of 1948.
Amendment of
section 66 of
63 of 1948.
Amendment
of section 79
of 63 of 1948.
Amendment
of section 85
of 63 of 1948.
Insertion of
section 92A in
63 of 1948.
Compounding
of certain
offences.
-trt·t·· ttt-t-t ·t-t-t·t ×-tt·tt·ªt -tt·t ×t-. |z-t·t· -. -»·~í×:trt·tªt ··. tt+ ·º-÷ -
of Factories and for such amount as may be prescribed but the amount of
fine shall not be more than the fine prescribed under section 92 :
Provided that, the State Government may, by notification in the
Official Gazette, amend the Fourth Schedule by way of addition, omission
or variation of any offence specified in the said Schedule.
(2) Where an offence has been compounded under sub-section (1), no
further proceedings shall be taken against the offender in respect of such
offence.”.
8. In section 105 of the principal Act, in sub-section (1), for the
words “ an Inspector ” the words “ the Chief Inspector ” shall be substituted.
9. After the THIRD SCHEDULE appended to the principal Act, the
following SCHEDULE shall be added, namely :—
“ THE FOURTH SCHEDULE
(See section 92A)
List of Compoundable Offences
Serial Section and rules framed Nature of offence
number thereunder and orders
issued thereunder
(1) (2) (3)
1. Section 11 - Cleanliness. Not maintaining cleanliness as per
the provisions.
2. Section 18 - Drinking water. Not providing and maintaining
arrangements for drinking water
as per the provisions.
3. Section 19 - Latrines and urinals. Not providing latrine and urinal
accommodation as per the provisions.
4. Section 20 - Spittoons. (a) Not providing the spittoons as per
the provisions.
(b) Spitting in contravention of
sub-section (3) of section 20.
5. Section 42 - Washing facilities. Not providing and maintaining
washing facilities as per the provisions.
6. Section 43 - Facilities for Not providing facilities as per the
storing and drying of wet provisions.
clothing.
7. Section 44 - Facilities for sitting. Not providing facilities as per the
provisions.
8. Sub-sections (1), (2) and (3) Not providing and maintaining first-aid
of section 45 - First-aid appliances as per the provisions.
appliances.
9. Section 46 - Canteens. Not providing and maintaining canteen
as per the provisions.
10. Section 47 - Shelters, rest Not providing and maintaining shelters,
rooms and lunch rooms. rest rooms and lunch rooms as per the
provisions.
11. Section 48 - Creches. Not providing and maintaining creches
as per the provisions.
12. Section 50 - Power to make Not complying with the rules framed
rules to supplement under section 50.
Chapter V.
13. Sub-section (2) of section Not displaying the notice and not
53-Compensatory Holidays. maintaining the register for
compensatory holiday.
Amendment of
section 105 of
63 of 1948.
Addition of
FOURTH
SCHEDULE
to 63 of 1948.
× -trt·t·· ttt-t-t ·t-t-t·t ×-tt·tt·ªt -tt·t ×t-. |z-t·t· -. -»·~í×:trt·tªt ··. tt+ ·º-÷
14. Sub-section (5) of section Not maintaining the prescribed registers.
59 - Extra wages for overtime.
15. Section 60 - Restriction on Allowing a worker a double employment
double employment. on any day.
16. Section 61 - Notice of periods Not complying with the provisions.
of work for adults.
17. Section 62 - Register of adult Not maintaining register as per
workers. the provisions.
18. Section 63 - Hours of work to Not complying with the provisions.
correspond with notice under
section 61.
19. Section 64 - Power to make Not complying with the rules framed
exempting rules. under section 64.
20. Section 65 - Power to make Not complying with the orders issued
exempting orders. under section 65.
21. Section 79 - Annual leave Not complying with the provisions.
with wages.
22. Section 80 - Wages during Not complying with the provisions.
leave period.
23. Section 81 - Payment in Not complying with the provisions.
advance in certain cases.
24. Section 82 - Mode of recovery Not complying with the provisions.
of unpaid wages.
25. Section 83 - Power to Not maintaining registers as per rules
make rules. and not complying with the
provisions.
26. Section 84 - Power to exempt Not complying with the conditions
factories. specified in the exempting order.
27. Section 93 - Liability of owner Not complying with the provisions
of premises in certain contained in sub-section (1) and clauses
circumstances. (i) and (vi) of sub-section (3).
28. Section 97 - Offences by Not complying with the provisions.
workers.
29. Section 108-Display of notices. Not complying with the provisions.
30. Section 110-Returns. Not complying with the provisions.
31. Section 111 - Obligation of Not complying with the provisions.
workers.
32. Section 111A - Right of Denial of rights of workers.
workers, etc.
33. Section 114 - No charge for Demanding charge from worker for
facilities and conveniences. providing any facility under the Act.”.
(1) (2) (3)
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED
AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,
STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.
doc_466454324.pdf