The Factories (Odisha Amendment) Act, 2020

1. (1) This Act may be called the Factories (Odisha Amendment) Act, 2020.
2. (2) It shall be deemed to have come into force on the 21st October, 2020.

In the Factories Act, 1948 in its application to the State of Odisha (hereinafter referred to as the principal Act), in section 2, in clause (m),—

1. (i) in sub-clause (i), for the words “ten or more workers”, the words “twenty or more workers” shall be substituted; and
2. (ii) in sub-clause (ii), for the words “twenty or more workers”, the words “forty or more workers” shall be substituted.

Insertion of new section In the principal Act, after section 5, the following section shall be inserted, namely: —

Explanation — For the purposes of this section, the expression “new factory or class or description of new factories” means such factory or class or description of factories which are established and whose commercial production start within a period of one thousand days after 21st October, 2020.

4. Amendment of section In the principal Act, in section 65, in clause

1. (iv) of sub-section (3), for the words “shall not exceed seventy-five”, the words “shall not exceed one hundred and fifteen” shall be substituted. 5. Amendment of section In the principal Act, in section 66, in sub-section (1), in clause (b), for the existing proviso, the following proviso shall be substituted, namely:— “ Provided that the State Government may, by notification, allow women workers to work with their consent even between the hours of 7.00 P.M. and 6.00 A.M. in any factory, if the State Government is satisfied that the factory has taken adequate safety, security, welfare measures and such safeguards as notified by the State Government, from time to time.”

In the principal Act, in section 79, in sub-section (1),—

1. (a) for the figure and word “240 days”, the figure and word “180 days” shall be substituted; and
2. (b) in Explanation 1, in the long line, for the figure and word “240 days”, the figure and word “180 days” shall be substituted.

In the principal Act, in section 85, in sub-section (1), in clause (i), for the words “less than ten, if working with the aid of power and less than twenty if working without the aid of power” the words “less than twenty, if working with the aid of power and less than forty if working without the aid of power” shall be substituted.

In the principal Act, after section 92, the following section shall be inserted, namely: —

Act 2 of 1974. Provided that the composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.

1. (2) Nothing contained in sub-section
2. (1) shall apply to an offence committed by a person for the second or subsequent time within a period of five years from the date of commission of such offence,
   • (a) which was earlier compounded; or
   • (b) for which such person was earlier convicted.
3. (3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be liable to pay a sum equivalent to twenty percent of the maximum fine provided for the offence, in addition to such fine.” 9. Repeal and Savings
4. (1) The Factories (Odisha Amendment) Ordinance, 2020 is hereby repealed.
5. (2) Notwithstanding the repeal under sub section (1), anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under this Act. Odisha Ordinance No. 14 of 2020.