Factories (Maharashtra Amendment) Act, 2015 (Maharashtra Act No. XL of 2015)

1. (1) This Act may be called the Factories (Maharashtra Amendment) Short title and commencement. Act, 2015. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. (१) भाग आठ-११६-१ i महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, डिसेंबर २, २०१५/अग्रहायण १९, शके १९३७ Amendment of 2. In section 2 of the Factories Act, 1948, in its application to the 63 of section of2 of 63 1948. State of Maharashtra (hereinafter referred to as “the principal Act”), in 194% clause (m),— (a) in sub-clause (2), after the words “whereon ten or more workers” the words “or such number of workers as may be specified by the State Government by notification, from time to time” shall be inserted ; (6) in sub-clause (ii), after the words “whereon twenty or more workers” the words “or such number of workers as may be specified by the State Government by notification, from time to time” shall be inserted; (c) after sub-clause (ii), the following proviso shall be inserted, namely :— “Provided that, the number of workers to be specified by the State Government in sub-clauses (i) and (ii) shall not exceed twenty and forty workers, respectively.”. Amendment 3. In section 65 of the principal Act,— f section 65 . . . ae of 63 of 1948, (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.”; (6) 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. Amendment of 4, In section 66 of the principal Act, in sub-section (1), in clause (0), soon tes 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;”. Amendment 5. In section 79 of the principal Act, in sub-section (1),— | of 63 of 1948, (a) for the figures and word “240 days” the figures and word “90 days” shall be substituted; (6) in Explanation 1, for the figures and word “240 days” the figures and word “90 days” shall be substituted. Amendment 6. In section 85 of the principal Act, in sub-section (1), in clause (i),— of section 85 of 68 of 1948, (a) after the words “less than ten” the words “or such number of workers as may be specified by the State Government under sub-clause (i) of clause (m) of section 2” shall be inserted; (6) after the words “less than twenty” the words “or such number of workers as may be specified by the State Government under sub- clause (ii) of clause (m) of section 2,” shall be inserted. Insertion of 7. After section 92 of the principal Act, the following section shall be section 92A in 63 of 194g, NSerted, namely :— Compounding “926. (1) The State Government may, by notification in the Official थ्या Gazette, prescribe in respect of the offences specified in the Fourth Schedule, which may before the institution of the prosecution, be compounded by such officer not below the rank of Deputy Chief Inspector महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, डिसेंबर 2, २०१९५/अग्रहायण १९९, शके १९३७ 3 of Factories and for such amount as may be prescribed but the amount of fine shall not be more than the fine prescribed under section 92: Provided that, the State Government may, by notification in the Official Gazette, amend the Fourth Schedule by way of addition, omission or variation of any offence specified in the said Schedule. (2) Where an offence has been compounded under sub-section (J), no further proceedings shall be taken against the offender in respect of such offence.”.

8. In section 105 of the principal Act, in sub-section (1), for the Amendment of section 9७ ७ words “an Inspector ” the words “the Chief Inspector” shall be substituted. 63 51 1948.

9. After the THIRD SCHEDULE appended to the principal Act, the Addition of FOURTH following SCHEDULE shall be added, namely :— SCHEDULE to 63 of 1948. “THE FOURTH SCHEDULE (See section 92A) List of Compoundable Offences Serial Section and rules framed Nature of offence number thereunder and orders issued thereunder (1) (2) (3)

1. Section 11 - Cleanliness. Not maintaining cleanliness as per the provisions.

2. Section 18 - Drinking water. Not providing and maintaining arrangements for drinking water as per the provisions.

3. Section 19 - Latrines and urinals. Not providing latrine and urinal accommodation as per the provisions. 4, Section 20 - Spittoons. (a) Not providing the spittoons as per the provisions. (b) Spitting in contravention of sub-section (3) of section 20.

5. Section 42 - Washing facilities. Not providing and maintaining washing facilities as per the provisions.

6. Section 43 - Facilities for Not providing facilities as per the storing and drying of wet provisions. clothing. 7, Section 44 - Facilities for sitting. Not providing facilities as per the provisions.

8. Sub-sections (1), (2) and (3) Not providing and maintaining first-aid of section 45 - First-aid appliances as per the provisions. appliances.

9. Section 46 - Canteens. Not providing and maintaining canteen as per the provisions.

10. Section 47 - Shelters, rest Not providing and maintaining shelters, rooms and lunch rooms. rest rooms and lunch rooms as per the provisions.

11. Section 48 - Creches. Not providing and maintaining creches as per the provisions.

192. Section 50 - Power to make Not complying with the rules framed rules to supplement under section 50. Chapter V.

13. Sub-section (2) of section Not displaying the notice and not 53-Compensatory Holidays. maintaining the register for compensatory holiday. महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, डिसेंबर 2, २०९५/अग्रहावण ९९, शके ९९३७ (1) (2) (3)

14. Sub-section (5) of section Not maintaining the prescribed registers. 59 - Extra wages for overtime.

15. Section 60 - Restriction on Allowing a worker a double employment double employment. on any day.

16. Section 61 - Notice of periods Not complying with the provisions. of work for adults.

17. Section 62 - Register of adult Not maintaining register as per workers. the provisions.

18. Section 63 - Hours of work to Not complying with the provisions. correspond with notice under section 61.

19. Section 64 - Power to make Not complying with the rules framed exempting rules. under section 64.

20. Section 65 - Power to make Not complying with the orders issued exempting orders. under section 65.

21. Section 79 - Annual leave Not complying with the provisions. with wages.

22. Section 80 - Wages during Not complying with the provisions. leave period.

23. Section 81 - Payment in Not complying with the provisions. advance in certain cases. 24, Section 82 - Mode of recovery Not complying with the provisions. of unpaid wages.

25. Section 83 - Power to Not maintaining registers es per rules make rules, and not complying with the provisions. 26, Section 84 - Power to exempt Not complying with the conditions factories. specified in the exempting order.

27. Section 93 - Liability of owner Not complying with the provisions of premises in certain contained in sub-section (J) and clauses । circumstances. (१) and (vi) of sub-section (3). । 28. Section 97 - Offences by Not complying with the provisions. । workers. । 29. Section 108-Display of notices. Not complying with the provisions.

30. Section 110-Returns. Not complying with the provisions.

31. Section 111 - Obligation of Not complying with the provisions. | workers.

32. Section 111A - Right of Denial of rights of workers. | workers, etc. , | 338. Section 114 - No charge for Demanding charge from worker for facilities and conveniences. providing any facility under the Act.”. ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.