WORKING HOURS OF ADULTS (Section 51-66), CHAPTER- VI, THE FACTORY ACT, 1948

SECTION 51: WEEKLY HOURS

Adult workers should not work in factory for more than 48 hours in any week, whether-

  • Required (asked for) or
  • Allowed (approved to)

SECTION 52: WEEKLY HOLIDAYS

  • Adult workers should not be required or allowed to work in factory on the first day of the week (here, said day)
  • Exceptions:
    • He can be allowed: when he is or will be having holiday, before or after the said day, for a whole day, on one of the 3 immediate days and
    • He could be required: when manager of the factory, before the said day or such substituted day, whichever is earlier-
      • Deliver a notice at the inspector office, with an intent to require worker to work on the said day and substituted day and
      • Display a notice in the factory, on that effect.
  • (exception of manager’s requirement for the substituted day is; if the worker is working for more than 10 days consecutively, without a holiday for a whole day)
  • Notices mentioned in this section can be cancelled, not later than, whichever is earlier-
    • The day before the said day or
    • The holiday to be cancelled.
  • Any adult worker, working on the said day and had holidays on one of the 3 days immediately before it, for purpose of calculating his weekly hours of work, including it in the preceding week.

SECTION 53: COMPENSATORY HOLIDAY

SITUATION:

A worker’s deprivation of any of the weekly holidays, under section 52, of this Act, due to-

  • A order passed or rule made, exempting a factory or
  • An order passed or rule made, exempting the workers therein.

COMPENSATION:

Allowed, compensatory holidays of equal number to the holidays so lost, within;

  • The month, in which the holidays were due tom him or
  • The 2 months immediately following that month.

State Government, may prescribe the manner in which such compensatory holidays, is to be allowed.

SECTION 54: DAILY HOURS

  • Subject to the weekly hours provided in this Act under section 51, on adult workers should not work in a factory for more than 9 hours in any day.
  • Exception:
    • Daily maximum hours (9 hrs.), may be exceed- with previous approval of the Chief Inspector, in order to facilitate the change of shifts.

SECTION 55: INTERVALS FOR REST

  • ‘Period of work’ of adult workers in a factory, for each day is so fixed as-
    • No period shall exceed 5 hrs. and
    • A worker must have an ‘interval for rest’ of at least half an hour, after such period of work of 5 hrs.
  • State Government or the Chief Inspector (who’s subject to the control of the State Government), may:
    • By written order, with reasons specified therein,
    • Exempt any factory from this section,
    • However, the total number of worked by a worker without ‘interval for rest’, does not exceed 6.

SECTION 56: SPREADOVER

  • Arrangement of ‘period of work’ of an adult workers in a factory, after including ‘interval of rest’ under section 55-
    • Should not spreadover more than 10.5 hours, in any day.
  • Exception-
    • The Chief Inspector reason, specified in writing, may increase the spreadover up to 12 hours.

SECTION 57: NIGHT SHIFT

  • When a worker inn a factory, works on a shift which extends beyond midnight:
    • For section 52 and 53- holidays for a whole day means, period of 24 consecutive hours, beginning when his shift ends,
    • The following day for him, deems to be period of 24 hours beginning when such shift ends and hours worked after midnight shall be counted in the previous day.

SECTION 58: PROHIBITION OF OVERLAPPING SHIFTS

  • Work by means of system of shifts, should be carried on in any factory, without following arrangements-
    • In some kind and
    • At same time.
  • State government or the Chief Inspector (subject to control of State Government).
    • By written order, with reasons specified therein.
    • Exempt, on condition deem expedient:
      • Any factory or class or description of factory or any department or section of a factory ,
      • Any category or description of workers therein.

SECTION 59: EXTRA WAGES FOR OVERTIME

  • A worker should be entitled to wages, at the rate of twice his ordinary rate of wages, in respect of:
    • 9 hours in any day or
    • 48 hours in any week.
  • Here “ordinary rate of wages ‘ means:
    • Basic wages plus
    • Allowances:
      • Including cash, equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, worker is entitled for the time being.
      • Does not include, a bonus and wages for overtime work.
  • “Time rate” should be deemed to be the ordinary rates of wages for workers paid on a piece rate and deemed to be equivalent to-
    • Daily average of their full time earnings,
    • For days, on which they actually worked,
    • On the same or identical job,
    • During the month immediately preceding the calendar month (during which overtime work was done.)
      • Exception- time rate shall be deemed equivalent to-
        • Daily average of their earnings
        • For day on which he actually worked
        • In the week (in which overtime work was done.)

Explanation:

The excluded bonus and wages for overtime work, which is payable with reference to the earnings, which are being computed.

The inclusive cash, as allowances should be computed as the maximum quantity of food grains and other articles, admissible to a standard family.

Explanation 1:

Standard family means, a family consisting of:

  • The worker,
  • His or her spouse and
  • 2 children (below the age of 14 years)

Explanation 2:

  • Adult consumption unit means, consumption unit of-
    • Male- above the age of 14 years, calculated @ 0.8 per consumption unit
    • Female- above the age of 14 years, calculated @ 0.6 per consumption unit
    • Child- above the age of 14 years, calculated @ 0.6 per consumption unit
  • The state government may make rules prescribing-
    • Manner, in which the cash (equality of the advantage accruing through the concessional sale to a worker of food grains and other articles) shall be computed and
    • Registers, maintained in factory for purpose of a securing compliance with this section’s provision.

SECTION 60: RESTRICTION O DOUBLE EMPLOYMENT

No adult worker shall be required or allowed, to work in a factory on any day on which he is already been working in any other factory.

SECTION 61: NOTICE OF PERIOD OF WORK FOR ADULTS

  • Notice, of period of work in accordance with section 108(2), should be-
    • Displayed and correctly maintained in every factory,
    • Showing clearly, the every day’s period during which adult workers may be required to work.
  • Such periods, to be shown in the notice, should be-
    • Fixed beforehand (in accordance with this section’s provisions) and
    • Workers working for those periods, would be working in contravention of section 51, 52, 53, 54, 56 and 58 (all the above sections, providing working hours for adult except section 57).
  • Where all the adult workers in a factory are required to work during the same periods-
    • Generally, the manager of the factory shall fix those periods for such workers.
  • Where all the adult workers in a factory are not required to work during the same periods:
    • the manager of the factory should-
      • classify them into groups according to the nature of their work,
      • indicating the number of workers in each group.
  • For each group which is not required to work on a system of shifts:
    • the manager of the factory should fix, the periods during which the group may be required to work.
  • Where any group is required to work on a system of shifts and the relays are not to be subject to predetermined periodical changes of shifts:
    • the manager of the factory shall fix, the periods during which each relay of the group may be required to work.
  • Where any group is to work on a system of shifts and the relays are to be subject to predetermined periodical changes of shifts:
    • the manager of the factory should-
      • draw up a scheme of shifts where under the periods during which any relay of the group may be required to work and
      • the relay which will be working at any time of the day shall be known for any day.
  • The state government may prescribe:
    • forms of the notice required by the all above provisions of this section and
    • the manner in which it should be maintained.
  • Requirement to a situation-
    • Situation: a factory beginning work after the commencement of this Act,
    • Requirement: a copy of the notice referred to in sub-section (1) should be sent in duplicate to the Inspector before the day on which work is begun in the factory.
  • Requirement to a situation-
    • Situation: Any proposed change in the system of work in any factory which will necessitate a change in the notice referred to in sub-section (1)
    • Requirement:  the Inspector should be notified, in duplicate before the change is made, any except with the previous sanction of the Inspector, no such change shall be made until one week has elapsed since the last change.

SECTION 62: REGISTER OF ADULT WORKERS

  • Register of adult worker, is to be-
    • Maintained by manager of every factory,
    • Available to the Inspector, at all times:
      • During working hours or
      • When any work is being carried out in factory.
  • Such register must show-
    • Name of each adult worker in the factory,
    • Nature of his work,
    • Group, if any, in which he is included,
    • Where his group works on shifts, the relay to which he is allotted and
    • Such other particulars as may be prescribed.
  • Condition:
    • A muster roll or register shall be maintained in place of and treated as the register of adult workers in the factory, to the corresponding extent, if:
      • It is the Inspector’s opinion,
      • That such muster roll or register maintained is part of the routine of a factory, and
      • Gives the particulars, required under this section.
  • If an adult worker’s name and other particulars are not entered in the register of adult workers, he should not be required or allowed to work in any factory.
  • State Government, may prescribe:
    • Form of register, of adult workers,
    • Manner, in which to maintain it and
    • Period, for which it should be preserved.

SECTION 63: HOURS OF WORK TO CORRESPOND WITH NOTICE UNDER SECTION 61 AND REGISTER UNDER SECTION 62

An adult worker is required or allowed to work in any factory, only if:

  • He is in accordance with the notice (periods of work for adults), displayed in factory (section 61) and
  • Entries are made beforehand against his name, in the register of adult workers of the factory (section 62).

SECTION 64: POWER TO MAKE EXEMPTION RULES

  • State Government itself or empowering Chief Inspector, may make rules defining the persons who:
    • Hold position of supervisions or management or
    • Are employed in confidential positions in a factory.

Provision 1:

  • Chief Inspector declares any person so, if in his opinion-
    • That person holds such position or is so employed and
    • The provision of this chapter, does not apply to any of so defined or declared person.
      • Except- section 66(1)(b) and its provision

(Means, a person who holds the position of supervisor or manager or confidential one, cannot be an adult, but if that person is a female, then section 66(1)(b) would be applicable.)

Provision 2:

  • Person, so declared or defined-
    • Where his ordinary rate of wages does not exceed the wage limit mentioned under section 1(6) of payment of Wages Act, 1936 (as amended time and again),
    • There he should be entitled to extra wages, in regard to overtime work mentioned under section 59.

(Means, with section 66(1)(b), section 59 is also applicable on such people as an exception to the restriction of applicability of this chapter to such declared or defined person)

  • The State government may make rules in respect of adult workers in factories providing for the exemption, to such extent and subject to the prescribed conditions:
    • Workers engaged on urgent repairs- exempt from section 51, 52, 54, 55 and 56.
    • Workers engaged in preparatory or complementary work (which must necessarily be carried on outside the limits, being laid down for general working) – exempt from section 51, 54, 55 and 56.
    • Workers engaged in work which is necessarily so intermittent that the intervals during which they do not work while on duty ordinarily amount to more than the intervals for ret required by or under section 55 – exempt from section 52, 54, 55, 565.
    • Workers engaged in any work which for technical reasons must be carried on continuously – exempt from section 51, 52, 54, 55 and 56.
    • Workers engaged in making or supplying articles of prime necessity which must be made or supplied every day – exempt from section 51 and 52.
    • Workers engaged in manufacturing process which cannot be carried on except during fixed seasons – exempt from section 51, 52, 54.
    • Workers engaged in a manufacturing process which process be carried on except at times dependent on the irregular action of natural forces- exempt from section 52 and 55.
    • Workers engaged in an engine rooms or boiler houses or in attending to power plant or transmission machinery- exempt from section 51 and 52.
    • Workers engaged in the printing of newspapers, which are held upon account of the breakdown of machinery – exempt from section 51, 54 and 56.
      • Explanation: here expression newspapers has the meaning assigned to it in the Press and Registration of Books Act, 1867 (25 of 1867)
    • Workers engaged in the loading or unloading of railway wagons, or Lorries or trucks’- exempt from section 51, 52, 54, 55, and 56.
    • Workers engaged in any work, which is notified by the State Government in the Official Gazette as a work of national importance – exempt from section 51, 52, 54, 55, 56
  • Exemption to a situation:
    • Situation: Above provisions, providing for any exemption, subject to the prescribed conditions, if deems expedient to the State Government.
    • Exemption: also provide for any consequential exemption under section 61.
  • State government should not exceed, while making rules under this section (Except: section 64(2)(a)- workers engaged on urgent repairs, exempted under section 51, 52, 54, 55, 56) , the following limit of work inclusive of overtime-
    • The total number of hours of work in any day shall not exceed 10.
    • The spread over, inclusive of interval for rest, shall not exceed 12 hours in any one day
      • Provision: State Government, in respect of workers engaged in any work which for technical reasons must be carried on continuously, exempted from section 51, 52, 54, 55 and 56, may to enable a shift work to work the whole or part of a subsequent shift, in the absence of a worker who has failed to report for duty, make rules, prescribing the circumstances and conditions, which will not attract 10 and 12 hours of time limit, above mentioned.
    • The total number of hours of work in a week, including overtime shall not exceed 60.
    • The total number of hours of overtime shall not exceed 50 for any one quarter.
      • Explanation: “quarter” means a period of 3 consecutive months beginning on the 1st January, 1st April, 1st July or the 1st October.
  • Rules made under this section shall remain in force not more than five years.

 SECTION 65: POWER TO MAKE EXEMPTING ORDERS

  • An exceptions to a situation:
    • Situation:
      • where, state government, is satisfied that:
      • In respect of nature of the work carried on or to other circumstances,
      • It would be reasonable to require to fix the periods of work of any adult workers in any factory, or class or description of factories, beforehand
    • Exemption:
      • State government may,  in respect of such workers therein-
        • By written order,
        • Relax or modify the provisions under section 61,
        • At its own discretion of extent and manner and
        • Subject to such conditions, which may deem expedient to ensure control over periods of work.
  • State government or Chief inspector( subject to the control of the state government), may exempt:
    • Any or all of the adult workers in any factory or group or class or description of factories,
    • By written order,
    • From any or all of section 51, 52, 54, 56,
    • On such conditions as it or he may deem expedient
    • On the ground that the exemption is required to enable the factory or factories to deal with an exceptional press of work.
  • Conditions for the any exemption, granted by the State Government or its Chief Inspector-
    • The total number of hours of work in any day should not exceed 12,
    • The spread over, inclusive of intervals for rest, should not exceed 13 hours in any one day,
    • The total number of hours of work in any week, including overtime, should not exceed 60,
    • No worker should be allowed to work overtime, for more than 7 days at a stretch and the total number of hours of overtime work in any quarter should not exceed 75.
    • Explanation: here, “quarter” has the same meaning as in section 64(4).

SECTION 66: FURTHER RESTRICTIONS ON EMPLOYMENT OF WOMEN

  • While applying this chapter to the women in factories, they must be supplemented by the following restrictions:
    • No exemption from section 54, to be grant in respect of any women
    • No women should be required or allowed to work in any factory except between the hours of 6 A.M. and 7 P.M.
  • Provision:
    • State government, may vary the limits laid down:
      • By the notification in the Official Gazette in respect of any factory or group or class or description of factories,
      • But, such variation should not authorize the employment of any woman between the hours of 10 P.M. and 5 A.M.
    • There shall be no change of shifts except:
      • after a weekly holiday or
      • any other holiday.
  • The state government may:
    • make rules, providing exemption from the above restriction of the section, to an extent and subject to the prescribed conditions,
    • for women working bin fish curing or fish canning factories, where the employment of women beyond the hours specified in said restrictions is necessary to prevent damage to or deterioration in any raw material.
    • This rule should remain in force for not more than 3 years at a time.

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Published by FARHEEN DHANJAL

I am besides being a self-help writer and podcaster am a lawyer as well. I sense an intense inclination towards the power of words; their placing, usage moreover the power of interpretation they possess in law as well as philosophy. My writings are an outcome of great mind processing, notion understanding, and articulation skills as I write: – Concrete and straightforward, – Therapy and self-help, and – Professional and guidance.

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