The Factories (Haryana Amendment) Act, 2018 (Haryana Act No.16 of 2020).

click here for IIIF manifest

Haryana Government Gazette

EXTRAORDINARY

Published by Authority

No. 102-2020/Ext.] CHANDIGARH, MONDAY, JULY 20, 2020

(ASADHA 29, 1942 SAKA)

LEGISLATIVE SUPPLEMENT

CONTENTS

PAGES PART-I ACTS

THE FACTORIES (HARYANA AMENDMENT) ACT, 2018 143—145 (HARYANA ACT NO. 16 OF 2020)

PART-II ORDINANCES

NIL

PART-III DELEGATED LEGISLATION

अधिसूचना संख्या का०आ० 37/पं०अ० 18/1961/धा० 15/2020, दिनांक 20 जुलाई, 2020- 133—134 पंजाब ग्राम शामलात भूमि (विनियमन) हरियाणा संशोधन नियम, 2020.

(प्राधिकृत अंग्रेजी अनुवाद सहित)

NIL

(xl)HARYANA GOVT. GAZ. (EXTRA.), JULY 20, 2020 (ASAR. 29, 1942 SAKA) 143 PART-I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 20th July, 2020

No. Leg.17/2020.— The following Act of the Legislature of the State of Haryana received the assent of the President of India on the 16th June, 2020 and is hereby published for general information:-

HARYANA ACT NO. 16 OF 2020

THE FACTORIES (HARYANA AMENDMENT) ACT, 2018

ACT

further to amend the Factories Act, 1948, in its application to the State of Haryana.

Be it enacted by the Legislature of the State of Haryana in the Sixty-ninth Year of the

Republic of India as follows:-

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

2. 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

Amendment of section 2 of Central Act 63 of 1948.

(ii) in sub-clause (ii), for the word "twenty", the word "forty" shall be substituted.

3. 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.

Amendment of section 65 of Central Act 63 of 1948.

4. 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:-

Amendment of section 66 of Central Act 63 of 1948.

"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.".

5. 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.

Amendment of section 85 of Central Act 63 of 1948.

6. 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

Amendment of section 105 of Central Act 63 of 1948.

complaint by an Inspector with the previous sanction in writing of the Chief Inspector.".

7. After section 106A of the principal Act, the following section shall be inserted, namely:- Insertion of section 106B in Central Act 63 of 1948.

"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.".

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

Addition of Fourth Schedule to Central Act 63 of 1948.

144 HARYANA GOVT. GAZ. (EXTRA.), JULY 20, 2020 (ASAR. 29, 1942 SAKA)

"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 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 4 section 20 - Spittoons

provisions.

(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 6 section 43 - Facilities for storing and drying clothing

the provisions.

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 10 section 47 - Shelters, rest rooms and lunch rooms

provisions.

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 12 sub-section (2) of section 53 - Compensatory holidays

13 sub-section (5) of section 59 - Extra wages for overtime

14 section 60 - Restriction on double employment

15 section 61 - Notice of periods of work for adults

provisions.

Not displaying the notice and not maintaining the register for compensatory holiday.

Not maintaining the prescribed registers.

Requiring or allowing a worker a double employment on any day.

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.

HARYANA GOVT. GAZ. (EXTRA.), JULY 20, 2020 (ASAR. 29, 1942 SAKA) 145

Nature of offence

Serial Number

Section and rules framed thereunder and order issued thereunder

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.".

BIMLESH TANWAR, Administrative Secretary to Government, Haryana, Law and Legislative Department.

8845—L.R.—H.G.P., Pkl.