The Factories (Haryana Amendment) Act, 2018

This Act may be called the Factories (Haryana Amendment) Act, 2018.

In clause (m) of section 2 of the Factories Act, 1948 (hereinafter called the principal Act),- (i) in sub-clause (i), for the word “ten”, the word “twenty” shall be substituted; and (ii) in sub-clause (ii), for the word “twenty”, the word “forty” shall be substituted.

In clause (iv) of sub-section (3) of section 65 of the principal Act, for the words and sign “seventy-five”, the words “one hundred and fifteen” shall be substituted.

In clause (b) of sub-section (1) of section 66 of the principal Act, for the existing proviso, the following proviso shall be substituted, namely:-

"Provided that the State Government may, by notification in the Official Gazette, in respect of any factory which provides such adequate safety and security measures or safeguards, as may be prescribed apply for such exemption, allow the women to work in factory between the hours of 7:00 PM to 6:00 AM.".

In clause (i) of sub-section (1) of section 85 of the principal Act, for the words “ten” and “twenty”, the words “twenty” and “forty” shall respectively be substituted.

For sub-section (1) of section 105 of the principal Act, the following sub-section shall be substituted, namely:-

"(1) No Court shall take cognizance of any offence under this Act except on a complaint by an Inspector with the previous sanction in writing of the Chief Inspector.".

After section 106A of the principal Act, the following section shall be inserted, namely:- "106B. Compounding of offences.- (1) The offences specified in the Fourth Schedule, if committed for the first time, may be compounded before the institution of the prosecution by such officer and for such amount, as may be notified by the State Government in the Official Gazette. The amount of fine shall not exceed the fine prescribed under section 92. (2) Where an offence has been compounded under sub-section (1), no further proceedings shall be taken against the occupier in respect of such offence.".

After the Third Schedule to the principal Act, the following Schedule shall be added, namely:-

"THE FOURTH SCHEDULE (see section 106B) List of compoundable offences Serial Number Section and rules framed thereunder and order issued thereunder Nature of offence 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 storing and drying clothing Not providing facilities as per the provisions. 7 section 44 - Facilities for sitting Not providing facilities as per the provisions. 8 sub-sections (1), (2) and (3) of section 45 - First aid appliances Not providing and maintaining first-aid appliances as per the provisions. 9 section 46 - Canteens Not providing and maintaining canteen as per the provisions. 10 section 47 - Shelters, rest rooms and lunch rooms Not providing and maintaining shelters, rest rooms and lunch rooms as per the provisions. 11 section 48 - Creches Not providing and maintaining crèches as per the provisions. 12 sub-section (2) of section 53 - Compensatory holidays Not displaying the notice and not maintaining the register for compensatory holiday. 13 sub-section (5) of section 59 - Extra wages for overtime Not maintaining the prescribed registers. 14 section 60 - Restriction on double employment Requiring or allowing a worker a double employment on any day. 15 section 61 - Notice of periods of work for adults Not complying with the provisions. 16 section 62 - Register of adult Workers Not maintaining register as per the provisions. 17 section 63 - Hours of work to correspond with notice under section 61 Not complying with the provisions. 18 section 79 - Annual leave with wages Not complying with provisions. 19 section 80 - Wages during leave period Not complying with the provisions. 20 section 81 - Payment in advance in certain cases Not complying with the provisions. 21 section 83 - Power to make rules Not maintaining registers as per rules and not complying with the provisions. 22 section 84 - Power to exempt factories Not complying with the conditions specified in the exempting order. 23 section 93 - Liability of owner of premises in certain circumstances Not complying with the provisions contained in sub-section (1) and clauses (i) and (vi) of sub-section (3). 24 section 97 - Offences by workers Not complying with the provisions. 25 section 108 - Display of notices Not complying with the provisions. 26 section 110 - Returns Not complying with the provisions. 27 section 111A - Right of workers, etc. Denial of rights of workers. 28 section 114 - No charge for facilities and conveniences Demanding charge from worker for providing any facility.".