The Factories (Karnataka Amendment) Act, 2002

1. (1) This Act may be called the Factories (Karnataka Amendment) Act, 2002.
2. (2) It shall come into force from such date, as the State Government may, by notification, appoint.

In section 45 of the Factories Act, 1948 (Central Act LXIII of 1948) (hereinafter referred to as the principal Act), in sub-section (4), for the words "five hundred" the words "two hundred" shall be substituted.

In section 49 of the principal Act,-

1. (1) in sub-section (1), for the words "five hundred" the words "two hundred" shall be substituted;
2. (2) after sub-section (1), the following shall be inserted, namely:- "(1A) In every factory where two hundred or more women workers are ordinarily employed the occupier shall employ in the factory, such number of female supervisors, as may be prescribed."

In section 56 of the Principal Act,-

1. (i) the existing provision shall be numbered as sub-section (1); and
2. (ii) after sub-section

1. (1) so numbered, the following shall be inserted, namely:- "(2) The State Government may by notification in the Official Gazette increase the spread over up to 12 hours inclusive of his intervals for rest in respect of any group or class or description of factories on such conditions as it may deem expedient, due to the provision of flexibility in working hours as specified in sub-section
2. (2) of section 54."

In section 59 of the Principal Act, for sub-section (1), the following shall be substituted, namely:- "(1) Where a worker works in any factory,-

1. (i) for more than nine hours in any day or for more than forty eight hours in any week, working for six days in any week;
2. (ii) for more than ten hours in any day or for more than forty eight hours in any week, working for five days in any week;
3. (iii) for more than eleven and a half hours in any day working for four days in any week, or works on paid holidays -he shall in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages."

In section 65 of the Principal Act, in sub-section (3),-

1. (i) in clause (iv), for the words "seventy five" the words "one hundred and forty four hours" shall be substituted;
2. (ii) after clause
3. (iv) the following shall be inserted, namely:- "(v) a worker shall be required to work overtime subject to the written consent of such worker for such work."

For section 66 of the Principal Act, the following shall be substituted, namely:- "66. Further restriction on employment of women.- The provisions of this Chapter shall, in their application to women in factories, be supplemented by the following further restrictions, namely:-

1. (a) no woman shall be required or allowed to work in any factory except between the hours of 6 A.M. to 7 P.M: Provided that a woman may be required or allowed to work in any factory between the hours of 7 P.M to 6 A.M subject to the following conditions, namely:-
   • (i) It shall be the duty of the employer or other responsible persons at the work places to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, statement or prosecutions of acts of sexual harassment by taking all steps required;
   • (ii) Express prohibition of sexual harassment in any form such as unwelcome sexually determined behaviour either directly or by implication or advances or contact to gain contact or demand sexual favours or make sexually coloured remarks or showing pornography or any other unwelcome physic, verbal or non-verbal contact of sexual nature;
   • (iii) Provide appropriate working conditions in respect of works, leisure, health and hygiene to further ensure that there is no hostile environment towards women at workplaces and no woman employee should have reasonable grounds to believe that she is disadvantaged in connection with her employment;
   • (iv) The employer shall maintain a complaint redressal mechanism in the factory itself and the said mechanism shall ensure time-bound treatment of complaint. Such mechanism shall provide, when necessary a Complaint Committee, a special counsellor or other support services including the maintenance of confidentiality;
   • (v) The female employees shall be allowed to raise issues of sexual harassment to workers in the workers meeting and other appropriate forums;
   • (vi) The employer shall provide proper lighting and CCTV coverage not only inside the factory, but also surrounding of the factory and to all places where the female workers may move out of necessity in the course of work. CCTV coverage shall be storage for not less than forty five days;
   • (vii) The employer shall see that the women workers are employed in a batch not less than ten;
   • (viii) Sufficient women security shall be provided during the night shift at the entry as well as exit point;
   • (ix) Sufficient number of rest rooms shall be provided for the female workers to arrive in advance and also leave after the working hours;
   • (x) The employer shall provide transportation facility to the women workers from their residence and back (for night shift) and security guards (including female security guard) and each transportation vehicle shall also be equipped with CCTV camera and GPS;
   • (xi) During night shift not less than 1/3rd of strength of the supervisor shift-in-charge or foreman or other supervisory staff shall be women;
   • (xii) There shall be not less than twelve consecutive hours of rest or gap between the last shifts and the night shift wherever a women worker is changed from day shift to night shift and so also from night shift to day shift;
   • (xiii) The establishment shall obtain Bio-data of each driver and conduct pre-employment screening of the antecedents of all drivers employed on their own. As regards the driver employed through outsourcing, the company shall ensure to its satisfaction that the collection of Bio-data and conduct pre-employment screening of the antecedents of the drivers is carried out by the service provider;
   • (xiv) The telephone number, particularly mobile phone numbers email ID and address of the women employees shall not be disclosed to unauthorised persons;
   • (xv) Careful selection of routes shall be made in such a way that no women employees shall be picked up first and dropped last; and
   • (xvi) It shall not be made compulsory or obligatory for any women worker to work in night shifts. Written consent shall be obtained from the women workers who are interested to work in night shifts.
2. (b) There shall be no change of shifts except after a weekly holiday or any other holiday."