‘Factoring’ New Changes – Maharashtra Amendments to the Factories Act

The most recent changes brought to the Factories Act by the Maharashtra Government have been instrumental in allowing an improved platform for workers, and also promoting a better work culture in existing establishments.

The Amendments serve as a great tool in being able to offer equal opportunities for male and female employees alike, and also in extending to them greater benefits at work.

The following points summarize the amendments made to the Principal Act by the Maharashtra Government:

·         The amendment relaxes the duration of overtime work permitted for an adult male employee within a quarter from 75 to 115 hours.

·         Woman now have the opportunity to work during the shift between 7pm and 6am, provided adequate safety and security measures are extended to them.

·         While an employee needed to have completed working for 240 days to meet the eligibility of availing leave with wages in the subsequent year, the Amendment now allows access for the same to be extended to any employee who has completed 90 days.

·         An additional Section appends section 92 – which covers penalties for offenses. Section 92A now includes the compounding of offenses. The section also has an accompanying Schedule (The Fourth Schedule) which is given below.

THE FOURTH SCHEDULE

(See section 92A)

List of Compoundable Offences

Section and rules framed thereunder and orders issued thereunder	Nature of offence
2	3
Section 11 - Cleanliness.	Not maintaining cleanliness as per the provisions.
Section 18 - Drinking water.	Not providing and maintaining arrangements for drinking water as per the provisions.
Section 19 - Latrines and urinals.	Not providing latrine and urinal accommodation    as per the provisions.
Section 20 - Spittoons.	(a) Not providing the spittoons as per the provisions. (b) Spitting in contravention of sub-section (3) of section 20.
Section 42 - Washing facilities.	Not providing and maintaining washing facilities as per the provisions.
Section 43 – Facilities for storing and drying of wet clothing.	Not providing facilities as per the provisions
Section 44 - Facilities for sitting.	Not providing facilities as per the provisions.
Sub-sections (1), (2) and (3) section 45 - First-aid appliances.	Not providing and maintaining first-aid of appliances as per the provisions.
Section 46 - Canteens.	Not providing and maintaining canteen as per the provisions.
Section 47 - Shelters, rest rooms and lunch rooms	Not providing and maintaining shelters, rooms and lunch rooms as per the provisions.
Section 48 - Creches	Not providing and maintaining creches as per the provisions.
Section 50 - Power to make rules to supplement Chapter V.	Not complying with the rules framed under section 50.
Sub-section (2) of section. 53-Compensatory Holidays.	Not displaying the notice and not maintaining the register for compensatory holiday
Sub-section (5) of section 59 - Extra wages for overtime.	Not maintaining the prescribed registers.
Section 60 - Restriction on double employment.	Allowing a worker a double employment on any day.
Section 61 - Notice of periods of work for adults	Not complying with the provisions.
Section 62 - Register of adult workers.	Not maintaining register as per the provisions.
Section 63 - Hours of work to correspond with notice under section 61.	Not complying with the provisions.
Section 64 - Power to make exempting rules.	Not complying with the rules framed under section 64.
Section 65 - Power to make exempting orders.	Not complying with the orders issued under section 65.
Section 79 - Annual leave with wages.	Not complying with the provisions.
Section 80 - Wages during leave period.	Not complying with the provisions.
Section 81 - Payment in advance in certain cases.	Not complying with the provisions.
Section 82 - Mode of recovery of unpaid wages.	Not complying with the provisions.
Section 83 - Power to make rules.	Not maintaining registers as per rules and not complying with the provisions.
Section 84 - Power to exempt factories.	Not complying with the conditions specified in the exempting order.
. 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).
Section 97 - Offences by workers.	Not complying with the provisions.
Section 108-Display of notices.	Not complying with the provisions.
Section 110-Returns.	Not complying with the provisions.
Section 111 - Obligation of workers.	Not complying with the provisions.
Section 111A - Right of workers, etc.	Denial of rights of workers
Section 114 - No charge for facilities and conveniences.	Demanding charge from worker for providing any facility under the Act.”.