1789 Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020 PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 19, 2020
(ASVN 27, 1942 SAKA)
EXTRAORDINARY
Published by Authority
CHANDIGARH, MONDAY, OCTOBER 19, 2020
(ASVINA 27, 1942 SAKA)
PUNJAB VIDHAN SABHA SECRETARIAT
NOTIFICATION
The 19th October, 2020
No. 30-PLA-2020/74.- The Factories (Punjab Amendment) Bill, 2020
is hereby published for general information under the proviso to rule 121 of
the Rules of Procedure and Conduct of Business in the Punjab Vidhan Sabha
(Punjab Legislative Assembly):-
Bill No.30-PLA-2020
THE FACTORIES (PUNJAB AMENDMENT) BILL, 2020
A
BILL
Further to amend the Factories Act, 1948, in its application to the
State of Punjab.
BE it enacted by the Legislature of the State of Punjab in the Seventy-
first Year of the Republic of India, as follows:-
2020.
( 1789 )
1790 PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 19, 2020
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(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
2. In the Factories Act, 1948 (hereinafter referred to as the principal Act),
in its application to the State of Punjab, in section 2, in clause (m),-
Amendment of section 2 of Central Act 63 of 1948.
(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.
3. In the principal Act, in section 65, in sub-section (3), in clause (iv), for
the word "seventy-five", the words "one hundred and fifteen" shall be
Amendment of section 65 of Central Act 63 of 1948.
substituted.
4. In the principal Act, in section 85, in sub-section (1), in clause (i), for the
words "ten" and "twenty", the words "twenty" and "forty" shall, respectively,
Amendment of section 85 of Central Act 63 of 1948.
be substituted.
5. In the principal Act, after section 106A, the following section shall be
inserted, namely:-
Insertion of new section 106B in Central Act 63 of 1948.
"106B. The Inspector may, subject to any general or special
order of the State Government in this behalf, compound
Compounding of offences.
any offence (except offences under Chapter IV and
IV A of the Factories Act, 1948) punishable under this
Act with fine only, and committed for the first time, either before
or after the institution of the prosecution, on realization of such
amount of composition fee as he thinks fit not exceeding the maximum
amount of fine fixed for the offence; and where the offence is so
compounded,- liable to prosecution, for such offence and shall, if in custody, be
set at liberty;
to acquittal of the offender.".
Ordinance No. 3 of 2020), is hereby repealed.
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PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 19, 2020
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(2) Notwithstanding such repeal, anything done or any action taken
under the Ordinance referred to in sub-section (1), shall be deemed to have
been done or taken under the corresponding provisions of this Act.
1792 PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 19, 2020
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STATEMENT OF OBJECTS AND REASONS
At present factory has been defined as any premises where ten or
more workers are employed in a manufacturing process with aid of power. In
case, it is without power the figure is twenty. Because of the existing limit,
small units are also covered under the definition of "factory". Due to increase
in manufacturing activities by small units in the State, the existing threshold
limit of "ten" and "twenty" is proposed to be amended by "twenty" and "forty"
respectively, so that establishing of small manufacturing units is promoted
resulting in creation of more employment opportunities for workers.
Under the existing provisions of the Act, there is no provision for
compounding of offences, resulting in high number of prosecution cases. For
speedy disposal of offences and to minimise litigation, a new provision, i.e.
section 106B is proposed to be inserted for compounding of offences (except
offences under Chapter IV and IV A of the Factories Act, 1948).
Hence the Bill seeks to achieve the aforesaid objectives.
BALBIR SINGH SIDHU
Labour Minister, Punjab