The Haryana Government on 20 th July, 2020, notified The Factories (Haryana Amendment) Act, 2018 thereby amending the application of the Factories Act, 1948 to the State of Haryana. The Amendment has brought about the following changes to the law governing workers under the ambit of the Factories Act, 1948:
- The definition of “factory” is modified by increasing the number of requisite workers engaged in a premise for it to constitute a factory under this Amendment Act. A premise or its precincts, that uses power to carry on a manufacturing process, will qualify as a factory, if it has at least 20 workers working on any day in the preceding 12 months. Similarly, where there is a manufacturing process being carried on without the aid of power, there must be at least 40 workers employed on any given day in the last 12 months, in order for the premises to constitute a factory in the terms of the Amendment Act.
- A place may be deemed to be a factory if the State Government so notifies it, even if the number of persons working on a premises where the manufacturing process is carried on with the aid of power is less than 20 workers or where there are less than 40 workers engaged on a premises in a manufacturing process without the aid of power.
- The Amendment has extended the embargo on the number of hours of overtime work in any quarter to 115 hours from the erstwhile period of 75 hours. Where a factory provides for the prescribed adequate safety and security measures or safeguards, the State Government can notify that such factory may allow women to work therein between 7pm to 6am.
- The Amendment further provides that a court will take cognizance of any offence under the present law only upon a complaint made by an Inspector with the previous written sanction of the Chief Inspector.
- This Amendment Act also introduces a provision for compounding first time offences specified in the Fourth Schedule (which is also inserted by this Amendment) by officers and for amounts specified by the State Government, provided that the fine shall not exceed the general penalty for offences as prescribed under the original Factories Act.
- The Amendment also clarifies that where an offence is so compounded, there shall be no further proceedings against the occupier in respect of that offence.The Fourth Schedule so introduced by this Amendment Act lists a series of compoundable offences ranging from non-maintenance of cleanliness to demand of charges from workers for the provision of any facility.
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