Factories (Himachal Pradesh Amendment) Bill, 2020

Sep 16, 2020 | by Avantis RegTech Legal Research Team


Labour Compliance

The State Government of Himachal Pradesh has issued the Factories (Himachal Pradesh Amendment) Bill, 2020 to further amend the Himachal Pradesh Factories Act, 1948. 

The following amendments have been made

• Section 2m (i), which specifies the applicability of the act, has been substituted, namely: 

“whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on.”

• Section 2m (ii), which specifies the definition of factory, has been substituted, namely: 

“whereon forty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on.”

• Section 65(3)(iv), which specifies the power to make exempting orders, has been substituted, namely: 

“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 one hundred and fifteen, subject to the condition that overtime shall have to be paid twice the rate of ordinary wages.”

• A new Section 106B, which specifies the compounding of offences has been inserted, namely: 

“Any offence punishable under this Act with fine only and committed for the first time, may subject to any general or special order of the State Government, be compounded by the Chief Inspector, either before or after the institution of the prosecution, on realization of such amount of composition fee as he thinks fit, but not exceeding the maximum amount of fine fixed for the offence; and where the offence is compounded:

1. before the institution of prosecution, the offender shall not be liable to prosecution, for such offence and shall, if in custody, be set at liberty. 

2. after the institution of the prosecution, the composition shall have the effect of an acquittal of the accused with whom the offence has been compounded.”

[Bill No. 07 of 2020]


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