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( 1789 )

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:-

1.

(1)

This Act may be called the Factories (Punjab Amendment) Act,

2020.

Short title and

commencement.

Regd. No. NW/CH-22

Regd. No. CHD/0092/2018-2020

EXTRAORDINARY

Published by Authority

CHANDIGARH, MONDAY, OCTOBER 19, 2020

(ASVINA 27, 1942 SAKA)

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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),-

(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

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,

be substituted.

5.

In the principal Act, after section 106A, the following section shall be

inserted, namely:-

"106B.

The Inspector may, subject to any general or special

order of the State Government in this behalf, compound

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,-

(i)

before the institution of the prosecution, the offender shall not be

liable to prosecution, for such offence and shall, if in custody, be

set at liberty;

(ii)

after the institution of the prosecution, the composition shall amount

to acquittal of the offender.".

6.

(1)

The Factories (Punjab Amendment) Ordinance, 2020 (Punjab

Ordinance No. 3 of 2020), is hereby repealed.

Amendment of

section 2 of

Central Act 63 of

1948.

Amendment of

section 65 of

Central Act 63

of 1948.

Amendment of

section 85 of

Central Act 63

of 1948.

Insertion of new

section 106B in

Central Act 63 of

1948.

Repeal and

saving.

Compounding

of offences.

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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.

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

______________

CHANDIGARH

SHASHI LAKHANPAL MISHRA

THE 19th OCTOBER, 2020

SECRETARY.

2131/10-2020/Pb. Govt. Press, S.A.S. Nagar