ACT XIV OF 2012
FACTORIES (AMENDMENT) ACT, 2012
An Act, further to amend the Factories Act, 1934
[Gazette of Punjab, Extraordinary, 11th February 2012]
No. PAP/Legis-2(89)/2011/527.--The Factories (Amendment) Bill, 2011, originally passed by the Provincial Assembly of the Punjab on the 21st day of December 2011, was sent to the Governor of the Punjab for assent. The Governor returned the Bill for reconsideration by the Assembly. The Provincial Assembly of the Punjab, after reconsideration, again passed the Bill on the 25th day of January 2012. The Bill was again sent to the Governor for assent on the 27th day of January 2012. Since the Governor has not assented to the Bill within the stipulated period of ten days, the same is deemed to have been assented to in terms of clause (3) of Article 116 of the Constitution, and is published as an Act, of the Provincial Assembly of the Punjab.
Preamble.--Whereas it is expedient further to amend the Factories Act, 1934 (XXV of 1934) for purposes hereinafter appearing;
It is enacted as follows:--
1. Short title and commencement.--(1) This Act, may be cited as the Factories (Amendment) Act, 2012.
(2) It shall come into force at once.
2. Amendment in Act, XXV of 1934.--In the Factories Act, 1934 (XXV of 1934), hereinafter referred to as the said Act, the word "Provincial", wherever occur, shall be omitted.
3. Amendment in Section 1 of Act, XXV of 1934.--In the said Act, in Section 1, in sub-section (2), for the words "the whole", the word "whole" and for the word "Pakistan" the words "the Punjab" shall be substituted.
4. Amendment in Section 2 of Act, XXV of 1934.--In the said Act, in Section 2, after clause (d), the following clause (dd) shall be inserted:--
"(dd) "Government" means Government of the Punjab."
5. Amendment in Section 10 of Act, XXV of 1934.--In the said Act, in Section 10, in sub-section (4), for the words "Every District Magistrate", the words "Any Officer notified by the Government" shall be substituted.
6. Amendment in Section 12 of Act, XXV of 1934.--In the said Act, in Section 12, in Explanation, the words "or any Provincial Legislature" shall be omitted.
7. Amendment in Section 22 of Act, XXV of 1934.--In the said Act, in Section 22, in sub-section (4), for the word "two", the words "one hundred" shall be substituted.
8. Amendment in Section 31 of Act, XXV of 1934.--In the said Act, in Section 31, in sub-section (2), for the words "five hundred", the words "twenty thousand" shall be substituted.
9. Amendment in Section 59-A of Act, XXV of 1934.--In the said Act, in Section 59-A, for the words and figures "Employment of Children Act, 1938 (XXVI of 1938)", the words and figures "Employment of Children Act, 1991 (V of 1991)" shall be substituted.
10. Amendment in Section 60 of Act, XXV of 1934.--In the said Act, in Section 60, for the words "five hundred", the words "twenty thousand" shall be substituted.
11. Substitution of Section 61 of Act, XXV of 1934.--In the said Act, for Section 61, the following shall be substituted:--
"61. Enhanced penalty in case of previous conviction.--If any person who has been convicted of any offence punishable under clauses (b) to (g) of Section 60 is again guilty of an offence involving a contravention of the same provision, he shall be punishable on the second conviction with imprisonment for a term which may extend to six months and with fine which may extend to thirty thousand rupees and shall not be less than five thousand rupees and if he is again so guilty, shall be punishable on the third or any subsequent conviction with imprisonment for a term which may extend to six months and with fine which may extend to forty thousand rupees and shall not be less than ten thousand rupees:
Provided that for the purposes of this section, no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished."
12. Amendment in Section 62 of Act, XXV of 1934.--In the said Act, in Section 62, for the words "five hundred", the words "ten thousand" shall be substituted.
13. Amendment in Section 63 of Act, XXV of 1934.--In the said Act, in Section 63, for the words "five hundred", the words "twenty thousand" shall be substituted.
14. Amendment in Section 64 of Act, XXV of 1934.--In the said Act, in Section 64, for the words "five hundred", the words "twenty thousand" shall be substituted.
15. Amendment in Section 65 of Act, XXV of 1934.--In the said Act, in Section 65, for the words "five hundred", the words "ten thousand" shall be substituted.
16. Amendment in Section 66 of Act, XXV of 1934.--In the said Act, in Section 66, for the words "five hundred", the words "five thousand" shall be substituted.
17. Amendment in Section 67 of Act, XXV of 1934.--In the said Act, in Section 67, for the word "twenty", the words "one thousand" shall be substituted.
18. Amendment in Section 68 of Act, XXV of 1934.--In the said Act, in Section 68, for the word "twenty", the words "five hundred" shall be substituted.
19. Amendment in Section 69 of Act, XXV of 1934.--In the said Act, in Section 69, for the words “five hundred”, the words “five thousand” shall be substituted.
20. Substitution of Section 80 of Act, XXV of 1934.--In the said Act, for Section 80, the following shall be substituted:--
"80. Application of the Act, to Government Factories.--This Act, shall apply to all factories including factories wholly or partly owned or controlled by the Government, Federal Government or any other Government.".
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FACTORIES (AMENDMENT) ACT, 2012
An Act, further to amend the Factories Act, 1934
[Gazette of Punjab, Extraordinary, 11th February 2012]
No. PAP/Legis-2(89)/2011/527.--The Factories (Amendment) Bill, 2011, originally passed by the Provincial Assembly of the Punjab on the 21st day of December 2011, was sent to the Governor of the Punjab for assent. The Governor returned the Bill for reconsideration by the Assembly. The Provincial Assembly of the Punjab, after reconsideration, again passed the Bill on the 25th day of January 2012. The Bill was again sent to the Governor for assent on the 27th day of January 2012. Since the Governor has not assented to the Bill within the stipulated period of ten days, the same is deemed to have been assented to in terms of clause (3) of Article 116 of the Constitution, and is published as an Act, of the Provincial Assembly of the Punjab.
Preamble.--Whereas it is expedient further to amend the Factories Act, 1934 (XXV of 1934) for purposes hereinafter appearing;
It is enacted as follows:--
1. Short title and commencement.--(1) This Act, may be cited as the Factories (Amendment) Act, 2012.
(2) It shall come into force at once.
2. Amendment in Act, XXV of 1934.--In the Factories Act, 1934 (XXV of 1934), hereinafter referred to as the said Act, the word "Provincial", wherever occur, shall be omitted.
3. Amendment in Section 1 of Act, XXV of 1934.--In the said Act, in Section 1, in sub-section (2), for the words "the whole", the word "whole" and for the word "Pakistan" the words "the Punjab" shall be substituted.
4. Amendment in Section 2 of Act, XXV of 1934.--In the said Act, in Section 2, after clause (d), the following clause (dd) shall be inserted:--
"(dd) "Government" means Government of the Punjab."
5. Amendment in Section 10 of Act, XXV of 1934.--In the said Act, in Section 10, in sub-section (4), for the words "Every District Magistrate", the words "Any Officer notified by the Government" shall be substituted.
6. Amendment in Section 12 of Act, XXV of 1934.--In the said Act, in Section 12, in Explanation, the words "or any Provincial Legislature" shall be omitted.
7. Amendment in Section 22 of Act, XXV of 1934.--In the said Act, in Section 22, in sub-section (4), for the word "two", the words "one hundred" shall be substituted.
8. Amendment in Section 31 of Act, XXV of 1934.--In the said Act, in Section 31, in sub-section (2), for the words "five hundred", the words "twenty thousand" shall be substituted.
9. Amendment in Section 59-A of Act, XXV of 1934.--In the said Act, in Section 59-A, for the words and figures "Employment of Children Act, 1938 (XXVI of 1938)", the words and figures "Employment of Children Act, 1991 (V of 1991)" shall be substituted.
10. Amendment in Section 60 of Act, XXV of 1934.--In the said Act, in Section 60, for the words "five hundred", the words "twenty thousand" shall be substituted.
11. Substitution of Section 61 of Act, XXV of 1934.--In the said Act, for Section 61, the following shall be substituted:--
"61. Enhanced penalty in case of previous conviction.--If any person who has been convicted of any offence punishable under clauses (b) to (g) of Section 60 is again guilty of an offence involving a contravention of the same provision, he shall be punishable on the second conviction with imprisonment for a term which may extend to six months and with fine which may extend to thirty thousand rupees and shall not be less than five thousand rupees and if he is again so guilty, shall be punishable on the third or any subsequent conviction with imprisonment for a term which may extend to six months and with fine which may extend to forty thousand rupees and shall not be less than ten thousand rupees:
Provided that for the purposes of this section, no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished."
12. Amendment in Section 62 of Act, XXV of 1934.--In the said Act, in Section 62, for the words "five hundred", the words "ten thousand" shall be substituted.
13. Amendment in Section 63 of Act, XXV of 1934.--In the said Act, in Section 63, for the words "five hundred", the words "twenty thousand" shall be substituted.
14. Amendment in Section 64 of Act, XXV of 1934.--In the said Act, in Section 64, for the words "five hundred", the words "twenty thousand" shall be substituted.
15. Amendment in Section 65 of Act, XXV of 1934.--In the said Act, in Section 65, for the words "five hundred", the words "ten thousand" shall be substituted.
16. Amendment in Section 66 of Act, XXV of 1934.--In the said Act, in Section 66, for the words "five hundred", the words "five thousand" shall be substituted.
17. Amendment in Section 67 of Act, XXV of 1934.--In the said Act, in Section 67, for the word "twenty", the words "one thousand" shall be substituted.
18. Amendment in Section 68 of Act, XXV of 1934.--In the said Act, in Section 68, for the word "twenty", the words "five hundred" shall be substituted.
19. Amendment in Section 69 of Act, XXV of 1934.--In the said Act, in Section 69, for the words “five hundred”, the words “five thousand” shall be substituted.
20. Substitution of Section 80 of Act, XXV of 1934.--In the said Act, for Section 80, the following shall be substituted:--
"80. Application of the Act, to Government Factories.--This Act, shall apply to all factories including factories wholly or partly owned or controlled by the Government, Federal Government or any other Government.".
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