51. Weekly hours.—No adult worker shall be required or allowed to work in a factory for more than
forty-eight hours in any week.
52. Weekly holidays.—(1) No adult worker shall be required or allowed to work in a factory on the
first day of the week (hereinafter referred to as the said day), unless—
(a) he has or will have a holiday for a whole day on one of the three days immediately before or
after the said day, and
(b) the manager of the factory has, before the said day or the substituted day under clause (a),
whichever is earlier,—
(i) delivered a notice at the office of the Inspector of his intention to require the worker to
work on the said day and of the day which is to be substituted, and
(ii) displayed a notice to that effect in the factory:
Provided that no substitution shall be made which will result in any worker working for more than ten
days consecutively without a holiday for a whole day.
(2) Notices given under sub-section (1) may be cancelled by a notice delivered at the office of the
Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to
be cancelled, whichever is earlier.
(3) Where, in accordance with the provisions of sub-section (1), any worker works on the said day
and has had a holiday on one of the three days immediately before it that said day shall, for the purpose of
calculating his weekly hours of work, be included in the preceding week.
53. Compensatory holidays.—(1) Where, as a result of the passing of an order or the making of a
rule under the provisions of this Act exempting a factory or the workers therein from the provisions of
section 52,a worker is deprived of any of the weekly holidays for which provision is made in sub-section
(1) of that section, he shall be allowed, within the month in which the holidays were due to him or within
the two months immediately following that month, compensatory holidays of equal number to the
holidays so lost.
(2) The State Government may prescribe the manner in which the holidays for which provision is
made in sub-section (1) shall be allowed.
54. Daily hours.—Subject to the provisions of section 51, not adult worker shall be required or
allowed to work in a factory for more than nine hours in any day:
1
[Provided that, subject to the previous approval of the Chief Inspector, the daily maximum specified
in this section may be exceeded in order to facilitate the change of shifts.]
55. Intervals for rest.—2
[(1)]3
[The periods of work] of adult workers in a factory each day shall be
so fixed that no period shall exceed five hours and that no worker shall work for more than five hours
before he has had an interval for rest of at least half an hour.
4
[(2) The State Government or, subject to the control of the State Government, the Chief Inspector,
may, by written order and for the reasons specified therein, exempt any factory from the provisions of
sub-section (1) so however that the total number of hours worked by a worker without an interval does
not exceed six.]
56. Spread over.—The periods of work of an adult worker in a factory shall be so arranged that
inclusive of his intervals for rest under section 55, they shall not spread over more than ten and a half
hours in any day:
1. Added by Act 25 of 1954, s. 10 (w.e.f. 7-5-1954).
2. Section 55 re-numbered as sub-section (1) of that section by s. 11, ibid. (w.e.f. 7-5-1954).
3. Subs. by act 40 of 1949, s. 3 and the Second Schedule, for “The period” (w.e.f. 1-5-1949).
4. Added by Act 25 of 1954, s. 11 (w.e.f. 7-5-1954).
33
Provided that the Chief Inspector may, for reasons to be specified in writing increase the1
[spreadover
up to twelve hours].
57. Night shifts.—Where a worker in a factory works on a shift which extends beyond midnight,—
(a) for the purposes of sections 52 and 53, a holiday for a whole day shall mean in his case a
period of twenty-four consecutive hours beginning when his shift ends;
(b) the following day for him shall be deemed to be the period of twenty-four hours beginning
when such shift ends, and the hours he has worked after midnight shall be counted in the previous
day.
58. Prohibition of overlapping shifts.—(1) Work shall not be carried on in any factory by means of
a system of shifts so arranged that more than one relay of workers is engaged in work of the same kind at
the same time.
2
[(2) The State Government or subject to the control of the State Government, the Chief Inspector,
may, by written order and for the reasons specified therein, exempt on such conditions as may be deemed
expedient, any factory or class or description of factories or any department or section of a factory or any
category or description of workers therein from the provisions of sub-section (1).]
59. Extra wages for overtime.—(1) Where a worker works in a factory for more than nine hours in
any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled
to wages at the rate of twice his ordinary rate of wages.
3
[(2) For the purposes of sub-section (1), “ordinary rate of wages” means the basic wages plus such
allowances, including the cash equivalent of the advantage accruing through the concessional sale to
workers of food grains and other articles, as the worker is for the time being entitled to, but does not
include a bonus and wages for overtime work.
(3) Where any workers in a factory are paid on a piece rate basis, the time rate shall be deemed to be
equivalent to the daily average of their full-time earnings for the days on which they actually worked on
the same or identical job during the month immediately preceding the calendar month during which the
overtime work was done, and such time rates shall be deemed to be ordinary rates of wages of those
workers:
Provided that in the case of a worker who has not worked in the immediately preceding calendar
month on the same or identical job, the time rate shall be deemed to be equivalent to the daily average of
the earning of the worker for the days on which he actually worked in the week in which the overtime
work was done.
Explanation.—For the purposes of this sub-section in computing the earnings for the days on which
the worker actually worked such allowances, including the cash equivalent of the advantage accruing
through the concessional sale to workers of food grains and other articles, as the worker is for the time
being entitled to, shall be included but any bonus or wages for overtime work payable in relation to the
period with reference to which the earnings are being computed shall be excluded.]
4
[(4) The cash equivalent of the advantage accruing through the concessional sale to a worker of food
grains and other articles shall be computed as often as may be prescribed on the basis of the maximum
quantity of food grains and other articles admissible to a standard family.
Explanation 1.—“Standard family” means a family consisting of the worker, his or her spouse and
two children below the age of fourteen years requiring in all three adult consumption units.
Explanation2.—“Adult consumption unit” means the consumption unit of a male above the age of
fourteen years; and the consumption unit of a female above the age of fourteen years and that of a child
1. Subs. by Act 94 of 1976, s. 24, for “spread over to twelve hours” (w.e.f. 26-10-1976).
2. Subs. by Act 25 of 1954, s. 12, for sub-section (2) (w.e.f. 7-5-1954).
3. Subs. by Act 94 of 1976, s. 25, for sub-section (2) and (3) (w.e.f. 26-10-1976).
4. Subs. by Act 25 of 1954, s. 13, for sub-section (4) (w.e.f. 7-5-1954).
34
below the age of fourteen years shall be calculated at the rates of 8 and 6 respectively of one adult
consumption unit.
(5) The State Government may make rules prescribing—
(a) the manner in which the cash equivalent of the advantage accruing through the concessional
sale to a worker of food grains and other articles shall be computed; and
(b) the registers that shall be maintained in a factory for the purpose of securing compliance with
the provisions of this section.]
60. Restriction on double employment.—No adult worker shall be required or allowed to work in
any factory on any day on which he has already been working in any other factory, save in such
circumstances as may be prescribed.
61. Notice of periods of work for adults.—(1) There shall be displayed and correctly maintained in
every factory in accordance with the provisions of sub-section (2) of section 108 , a notice of periods of
work for adults, showing clearly for every day the periods during which adult workers may be required to
work.
(2) The periods shown in the notice required by sub-section (1) shall be fixed beforehand in
accordance with the following provisions of this section, and shall be such that workers working for those
periods would not be working in contravention of any of the provisions of sections 51, 52, 54,
1
[ 55, 56
and 58].
(3) Where all the adult workers in a factory are required to work during the same periods, the
manager of the factory shall fix those periods for such workers generally.
(4) Where all the adult workers in a factory are not required to work during the same periods, the
manager of the factory shall classify them into groups according to the nature of their work indicating the
number of workers in each group.
(5) For each group which is not required to work on a system of shifts, the manager of the factory
shall fix the periods during which the group may be required to work.
(6) Where any group is required to work on a system of shifts and the relays are not to be subject to
predetermined periodical changes of shifts, the manager of the factory shall fix the periods during which
each relay of the group may be required to work.
(7) Where any group is to work on a system of shifts and the relays are to be subject to predetermined
periodical changes of shifts, the manager of the factory shall draw up a scheme of shifts where under the
periods during which any relay of the group may be required to work and the relay which will be working
at any time of the day shall be known for any day.
(8) The State Government may prescribe forms of the notice required by sub-section (1) and the
manner in which it shall be maintained.
(9) In the case of a factory beginning work after the commencement of this Act, a copy of the notice
referred to in sub-section (1) shall be sent in duplicate to the Inspector before the day on which work is
begun in the factory.
(10) Any proposed change in the system of work in any factory which will necessitate a change in the
notice referred to in sub-section (1) shall be notified to the Inspector in duplicate before the change is
made, and except with the previous sanction of the Inspector, no such change shall be made until one
week has elapsed since the last change.
62. Register of adult workers.—(1) The manager of every factory shall maintain a register of adult
workers, to be available to the Inspector at all times during working hours, or when any work is being
carried on in the factory, showing—
(a) the name of each adult worker in the factory;
(b) the nature of his work;
1. Subs. by Act 25 of 1954, s.14, for “55 and 56” (w.e.f. 7-5-1954).
35
(c) the group, if any, in which he is included;
(d) where his group works on shifts, the relay to which he is allotted;
(e) such other particulars as may be prescribed:
Provided that, if the Inspector is of opinion that any muster roll or register maintained as part of the
routine of a factory gives in respect of any or all the workers in the factory the particulars required under
this section, he may, by order in writing, direct that such muster roll or register shall to the corresponding
extent be maintained in place of, and be treated as the register of adult workers in that factory.
1
[(1A) No adult worker shall be required or allowed to work in any factory unless his name and other
particulars have been entered in the register of adult workers.]
(2) The State Government may prescribe the form of the register of adult workers, the manner in
which it shall be maintained and the period for which it shall be preserved.
63. Hours of work to correspond with notice under section 61 and register under section 62.—
No adult worker shall be required or allowed to work in any factory otherwise than in accordance with the
notice of periods of work for adults displayed in the factory and the entries made beforehand against his
name in the register of adult workers of the factory.
64. Power to make exempting rules.—(1) The State Government may make rules defining the
persons who hold positions of supervision or management or are employed in a confidential position in a
factory 2
[or empowering the Chief Inspector to declare any person, other than a person defined by such
rules, as a person holding position of supervision or management or employed in a confidential position
in a factory if, in the opinion of the Chief Inspector, such person holds such position or is so employed],
and the provisions of this Chapter, other than the provisions of clause (b) of sub-section (1) of section 66
and of the proviso to that sub-section, shall not apply to any person so defined 2
[or declared]:
2
[Provided that any person so defined or declared shall, where the ordinary rate of wages of such
person 3
[does not exceed the wage limit specified in sub-section (6) of section 1 of the Payment of Wages
Act, 1936 (4 of 1936), as amended from time to time], be entitled to extra wages in respect of, overtime
work under section 59.]
(2) The State Government may make rules in respect of adult workers in factories providing for the
exemption, to such extent and subject to such conditions as may be prescribed—
(a) of workers engaged on urgent repairs, from the provisions of sections 51, 52, 54, 55 and 56;
(b) of workers engaged in work in the nature of preparatory or complementary work which must
necessarily be carried on outside the limits laid down for the general working of the factory, from the
provisions of sections 51, 54, 55 and 56;
(c) of workers engaged in work which is necessarily so intermittent that the intervals during
which they do not work while on duty ordinarily amount to more than the intervals for rest required
by or under section 55, from the provisions of sections 51, 54, 55 and 56;
(d) of workers engaged in any work which for technical reasons must be carried on
continuously 4*** from the provisions of sections 51, 52, 54, 55 and 56;
(e) of workers engaged in making or supplying articles of prime necessity which must be made or
supplied every day, from the provisions of 5
[section 51 and section 52];
(f) of workers engaged in a manufacturing process which cannot be carried on except during fixed
sections, from the provisions of 5
[section 51, section 52 and section 54];
(g) of workers engaged in a manufacturing process which cannot be carried on except at times
dependent on the irregular action of natural forces, from the provisions of sections 52 and 55;
(h) of workers engaged in engine-rooms or boiler-houses or in attending to power-plant or
transmission machinery, from the provisions of 5
[section 51 and section 52];
1. Ins. by Act 94 of 1976, s. 26 (w.e.f. 26-10-1976).
2. Ins. by s. 27, ibid. (w.e.f. 26-10-1976).
3. Subs. by Act 20 of 1987, s. 21, for “does not exceed rupees seven hundred and fifty per month” (w.e.f. 1-12-1987).
4. The words “throughout the day” omitted by Act 25 of 1954, s. 15 (w.e.f. 7-5-1954).
5. Subs. by Act 94 of 1976, s. 27, for section 52 (w.e.f. 26-10-1976).
36
1
[(i) of workers engaged in the printing of newspapers, who arc held up on account of the
breakdown of machinery, from the provisions of sections 51, 54 and 56.
Explanation.—In this clause the expression “newspapers'' has the meaning assigned to it in the
Press and Registration of Books Act, 1867 (25 of 1867);
(j) of workers engaged in the loading or unloading of railway wagons, 2
[or lorries or trucks] from
the provisions of sections 51, 52, 54, 55 and 56];
4
[(k) of workers engaged in any work, which is notified by the State Government in the Official
Gazette as a work of national importance, from the provisions of section 51, section 52, section 54,
section 55 and section 56.]
(3) Rules made under sub-section (2) providing for any exemption may also provide for any
consequential exemption from the provisions of section 61 which the State Government may deem to be
expedient, subject to such conditions as it may prescribe.
3
(4) In making rules under this section, the State Government shall not exceed, except in respect of
exemption under clause (a) of sub-section (2) the following limits of work inclusive of overtime:—
(i) the total number of hours of work in any day shall not exceed ten;
(ii) the spread over, inclusive of intervals for rest, shall not exceed twelve hours in any one day:
Provided that the State Government may, in respect of any or all of the categories of workers
referred to in clause (d) of sub-section (2), make rules prescribing the circumstances in which, and the
conditions subject to which, the restrictions imposed by clause (i) and clause (ii) shall not apply in
order to enable a shift worker to work the whole or part of a subsequent shift in the absence of a
worker who has failed to report for duty;
4
[(iii) the, total number of hours of work in a week, including overtime, shall not exceed sixty;]
4
[(iv)] the total number of hours of overtime shall not exceed fifty for any one quarter,
Explanation.—“Quarter” means a period of three consecutive months beginning on the 1st of
January, the 1st of April, the 1st of July or the 1st of October.]
(5) Rules made under this section shall remain in force for not more than 5
[five years].
STATE AMENDMENT
Uttar Pradesh
Amendment of section 64.--In Section 64 of the principal Act, in sub-section (4), in clause (iv) for
the word "fifty", the words "one hundred" shall be substituted."
[Vide Uttar Pradesh Act 13 of 2018, s. 3]
65. Power to make exempting orders.—(1) Where the State Government is satisfied that, owing to
the nature of the work carried on or to other circumstances, it is unreasonable to require that the periods of
work of any adult workers in any factory or class or description of factories should be fixed beforehand, it
may, by written order, relax or modify the provisions of section 61 in respect of such workers therein, to
such extent and in such manner as it may think fit, and subject to such conditions as it may deem
expedient to ensure control over periods of work.
(2) The State Government or, subject to the control of the Stale Government, the Chief Inspector may
by written order exempt, on such conditions as it or he may deem expedient, any or all of the adult
workers in any factory or group or class or description of factories from any or all of the provisions of
sections 51, 52, 54 and 56 on Ike ground that the exemption is required to enable the factory or factories
to deal with an exceptional press of work.
6
[(3) Any exemption granted under sub-section (2) shall be subject to the following conditions,
namely:—
(i) the total number of hours of work in any day shall not exceed twelve;
(ii) the spread over, inclusive of intervals for rest, shall not exceed thirteen hours in any one day;
1. Added by Act 25 of 1954, s. 15 (w.e.f. 7-5-194).
2. Ins. by Act 94 of 1976, s. 27 (w.e.f. 26-10-1976).
3. Subs. by Act 25 of 1954, s. 15, for sub-section (4) (w.e.f. 7-5-1954).
4. Clause (iii) re-numbered as clause (iv) by Act 94 of 1976, s. 27 (w.e.f. 26-10-1976).
5. Subs. by Act 94 of 1976, s. 27, for “three years” (w.e.f. 26-10-1976).
6. Subs. by Act 94 of 1976, s. 28, for sub-section (3) (w.e.f. 26-10-1976).
37
(iii) the total number of hours of work in any week, including overtime, shall not exceed sixty;
(iv) no worker shall be allowed to work overtime, for more than seven days at a stretch and the
total number of hours of overtime work in any quarter shall not exceed seventy-five.
Explanation.—In this sub-section “quarter” has the same meaning as in sub-section (4) of section 64.]
1* * * **
STATE AMENDMENTS
Maharashtra
Amendment of Section 65 of 63 of 1948.—In section 65 of the principal Act,—
(a) for sub-section (2), the following sub-section shall be substituted, namely:—
“(2) On such terms and conditions as may be prescribed, any or all of the adult male workers in any
factory or group or class or description of factories may be exempted from any or all of the provisions of
sections 51, 52, 54 and 56 on the ground that the exemption is required to enable the factory or factories
to deal with an exceptional press of work.”;
(b) in sub-section (3), in clause (iv), for the words “shall not exceed seventy-five” the words “shall
not exceed one hundred and fifteen” shall be substituted.
[Vide Maharashtra Act 40 of 2015, s. 3]
Uttar Pradesh
Amendment of section 65.--In Section 65 of the principal Act, in sub-section (3), in clause (iv) for
the words "seventy-five" the words "one hundred fifteen " shall be substituted.
[Vide Uttar Pradesh Act 13 of 2018, s. 4]
66. Further restrictions on employment of women.—(1)The provisions of this Chapter shall, in
their application to women in factories, be supplemented by the following further restrictions, namely:—
(a) no exemption from the provisions of section 54 may be granted in respect of any woman;
(b) no woman shall be 2
[required or allowed to work in any factory] except between the hours
of 6 A.M. and 7 P.M.:
Provided that the State Government may, by notification in the Official Gazette, in respect of 3
[any
factory or group or class or description of factories,] very the limits laid down in clause (b), but so that no
such variation shall authorize the employment of any woman between the hours of 10 P.M. and 5 A.M.:
4
[(c) there shall be no change of shifts except after a weekly holiday or any other holiday.]
(2) The State Government may make rules providing for the exemption from the restrictions set out in
sub-section (1), to such extent and subject to such conditions as it may prescribe, of women working in
fish-curing or fish-canning factories, where the employment of women beyond the hours specified in the
said restrictions is necessary to prevent damage to, or deterioration in, any raw material.
(3) The rules made under sub-section (2) shall remain in force for not more than three years at a time.
STATE AMENDMENTS
Maharashtra
Amendment of section 66 of 63 of 1948.—In section 66 of the principal Act, in sub-section (1), in
clause (b), for the existing proviso, the following proviso shall be substituted, namely:—
“Provided that, the women workers may be required or allowed to work even between the hours of
7.00 p.m. and 6.00 a.m. in any factory in which adequate safety and security measures or safeguards as
may be prescribed are provided;”.
[Vide Maharashtra Act 40 of 2015, s. 4].
1. Omitted by Act 94 of 1976, s. 28 (w.e.f. 26-10-1976).
2. Subs. by s. 29, ibid., for “employed in any factory” (w.e.f. 26-10-1976).
3. Subs. by s. 29, ibid., for “any class or description of factories” (w.e.f. 26-10-1976).
4. Ins. by Act 25 of 1954, s. 17 (w.e.f. 7-5-1954).
38
Jammu and Kashmir and Ladakh (UTs)
Section 66.— In sub-section (1), for clause (b), the following clause shall be substituted—
“(b) women shall be entitled to be employed in all establishments for all types of work and they may
also be employed, with their consent before 6 a.m. and beyond 7 p.m. subject to such conditions relating
to safety, holidays and working hours or any other condition, to be observed by the employer, as may be
prescribed;”.
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 3774(E), dated (23-10-2020) and Vide Union Territory of Jammu and Kashmir Reorganisation
(Adaptation of Central Laws) Order, 2020, notification No. S.O. 3465(E), dated (5-10-2020).]
Uttar Pradesh
Amendment of section 66.—In section 66 of the principal Act, 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 in the Official Gazette, in respect of
any factory or group or class or description of factories vary the limits laid down in this clause and
such variation may authorise the employment of any woman between the hours of 7 p.m. and 6 a.m.
mentioning therein the provisions for the safety and facilities of the woman to be given to her."
[Vide Uttar Pradesh Act 13 of 2018, s. 5]