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Adv.Shine Thomas (Advocate)     24 October 2008

Factories Act...

Is sec.66 of the Factories Act unconstitutional?..


 2 Replies

N.K.Assumi (Advocate)     24 October 2008

NO.Beneficial Legislation for women.

Shree. ( Advocate.)     24 October 2008

Dear Shine,




further to amend the Factories Act, 1948.

BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India

as follows:—

1. (1) This Act may be called the Factories (Amendment) Act, 2005.

(2) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint.

2. For section 66 of the Factories Act, 1948, the following section shall be substituted,


“66. 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;

Bill No. 104 of 2005

Substitution of

new section for

section 66 of

Act 63 of 1948.


restrictions on

employment of




(b) there shall be no change of shifts except after a weekly holiday or any

other holiday;

(c) no woman shall be required or allowed to work in any factory except

between the hours of 6 A.M. and 7 P.M. :

Provided that where the occupier of the factory makes adequate safeguards in

the factory as regards occupational safety and health, equal opportunity for woman

workers, adequate protection of their dignity, honour and safety and their transportation

from the factory premises to the nearest point of their residence, the State Government

or any person authorised by it in this behalf may, by notification in the Official Gazette,

after consulting the concerned employer or representative organisation of such employer

and workers or representative organisations of such workers, allow employment of

woman workers between the hours of 7 P.M. and 6 A.M. in such factory or group or

class or description of factories subject to such conditions as may be specified therein.".

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