Section 66 of the Factories Act, 1948 prohibits employment of women in factories
between 7.00 P.M. and 6.00 A.M. This section was incorporated in the Act, after India’s
ratification of the International Labour Organisation (ILO) Convention No. 89. The State
Governments, however, have the power to vary the limits laid down under clause (b) of subsection
(1) of the said section so as to permit employment of women in any factory or class
of factories, but no such authorisation can permit employment of women between
10.00 P.M. and 5.00 A.M.
2. In the recent past, many women’s organisations have filed Writ Petitions in certain
High Courts seeking, inter alia, directions for amending the Factories Act, 1948 with a view
to permitting night work by women on the ground that the provisions of the Act are
discriminatory and gender biased. Some of the Courts have allowed employment of women
during the night shift and two High Courts have struck down clause (b) of sub-section (1) of
section 66 of the aforesaid Act as unconstitutional.
3. In June, 1990, the General Conference of ILO also had adopted a Protocol relating
to Convention No. 89, known as the Protocol of 1990 to the Night Work (Women) Convention
(Revised), 1948. Under the provisions of the Protocol, the competent authority in a country
under its national laws and regulations is authorised to modify the duration of the night shifts
or to introduce exemption from the prohibition within certain limits. The Protocol has since
been ratified by India and has come into effect on 21st November, 2004.
4. In order to provide flexibility in the matter of employment of women during night,
it is necessary to amend section 66 of the Factories Act, 1948. It is, therefore, proposed to
amend the said section so as to provide certain flexibilities. However, the occupier has to
ensure certain occupational safety and adequate protection to the women so employed. The
proposed amendment will also result in optimal utilisation of the installed capacity, promotion
of exports and generation of employment opportunities for women.
5. The Bill seeks to achieve the above objects.
K. CHANDRA SEKHAR RAO.
NEW DELHI;
The 5th August, 2005.
From India, Delhi
41between 7.00 P.M. and 6.00 A.M. This section was incorporated in the Act, after India’s
ratification of the International Labour Organisation (ILO) Convention No. 89. The State
Governments, however, have the power to vary the limits laid down under clause (b) of subsection
(1) of the said section so as to permit employment of women in any factory or class
of factories, but no such authorisation can permit employment of women between
10.00 P.M. and 5.00 A.M.
2. In the recent past, many women’s organisations have filed Writ Petitions in certain
High Courts seeking, inter alia, directions for amending the Factories Act, 1948 with a view
to permitting night work by women on the ground that the provisions of the Act are
discriminatory and gender biased. Some of the Courts have allowed employment of women
during the night shift and two High Courts have struck down clause (b) of sub-section (1) of
section 66 of the aforesaid Act as unconstitutional.
3. In June, 1990, the General Conference of ILO also had adopted a Protocol relating
to Convention No. 89, known as the Protocol of 1990 to the Night Work (Women) Convention
(Revised), 1948. Under the provisions of the Protocol, the competent authority in a country
under its national laws and regulations is authorised to modify the duration of the night shifts
or to introduce exemption from the prohibition within certain limits. The Protocol has since
been ratified by India and has come into effect on 21st November, 2004.
4. In order to provide flexibility in the matter of employment of women during night,
it is necessary to amend section 66 of the Factories Act, 1948. It is, therefore, proposed to
amend the said section so as to provide certain flexibilities. However, the occupier has to
ensure certain occupational safety and adequate protection to the women so employed. The
proposed amendment will also result in optimal utilisation of the installed capacity, promotion
of exports and generation of employment opportunities for women.
5. The Bill seeks to achieve the above objects.
K. CHANDRA SEKHAR RAO.
NEW DELHI;
The 5th August, 2005.
From India, Delhi
Factories Act now allows women to work night shifts
Tuesday, March 29 2005 14:41 Hrs (IST) - World Time -
New Delhi: Government today (Mar 29, 2005) decided to amend the Factories Act 1948, to allow women to work in late night shifts.
"The Cabinet today decided to amend the Factories Act, 1948, so that women can also work between 10 pm and 6 am," Information and Broadcasting Minister Jaipal Reddy told reporters after the Cabinet meeting.
The amendment would greatly benefit women working in Special Economic Zones and IT sector.
Reddy said flexible work timings for women shall be allowed "provided adequate safeguards in the factory as regards occupational safety and health, equal opportunity for women workers, adequate protection of their dignity, honour and safety and their transportation from the factory premises to the nearest point of their residence" are made.
State Governments have been authorised to "allow employment of women workers between 7 pm and 6 am in such factory or group or class or description of factories subject to such conditions as may be specified therein".
The amendment of the Factories Act will provide flexibility in the matter of employment of women during night hours, he added.
Reddy said that the Act would be amended following representations made by women organisations as also upholding of the provisions by courts at various levels.
PTI
From India, Delhi
Tuesday, March 29 2005 14:41 Hrs (IST) - World Time -
New Delhi: Government today (Mar 29, 2005) decided to amend the Factories Act 1948, to allow women to work in late night shifts.
"The Cabinet today decided to amend the Factories Act, 1948, so that women can also work between 10 pm and 6 am," Information and Broadcasting Minister Jaipal Reddy told reporters after the Cabinet meeting.
The amendment would greatly benefit women working in Special Economic Zones and IT sector.
Reddy said flexible work timings for women shall be allowed "provided adequate safeguards in the factory as regards occupational safety and health, equal opportunity for women workers, adequate protection of their dignity, honour and safety and their transportation from the factory premises to the nearest point of their residence" are made.
State Governments have been authorised to "allow employment of women workers between 7 pm and 6 am in such factory or group or class or description of factories subject to such conditions as may be specified therein".
The amendment of the Factories Act will provide flexibility in the matter of employment of women during night hours, he added.
Reddy said that the Act would be amended following representations made by women organisations as also upholding of the provisions by courts at various levels.
PTI
From India, Delhi
EXTRACT FROM THE FACTORIES (AMENDMENT) ACT, 1948
(63 OF 1948)
* * * * *
66. (1) 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;
(b) 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 the State Government may, by notification in the Official Gazette,
in respect of any factory or group or class or description of factories, vary the limits
laid down in clause (b), but so that no such variation shall authorise the employment
of any woman between the hours of 10 P.M. and 5 A.M.;
(c) there shall be no change of shifts except after a weekly holiday or any other
holiday.
(2) The State Government may make rules providing for the exemption from the
restrictions set out in sub-section (1), to such extent and subject to such conditions as it may
prescribe, of women working in fish-curing or fish-canning factories, where the employment
of women beyond the hours specified in the said restrictions is necessary to prevent damage
to, or deterioration in, any raw material.
(3) The rules made under sub-section (2) shall remain in force for not more than three
years at a time.
From India, Delhi
(63 OF 1948)
* * * * *
66. (1) 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;
(b) 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 the State Government may, by notification in the Official Gazette,
in respect of any factory or group or class or description of factories, vary the limits
laid down in clause (b), but so that no such variation shall authorise the employment
of any woman between the hours of 10 P.M. and 5 A.M.;
(c) there shall be no change of shifts except after a weekly holiday or any other
holiday.
(2) The State Government may make rules providing for the exemption from the
restrictions set out in sub-section (1), to such extent and subject to such conditions as it may
prescribe, of women working in fish-curing or fish-canning factories, where the employment
of women beyond the hours specified in the said restrictions is necessary to prevent damage
to, or deterioration in, any raw material.
(3) The rules made under sub-section (2) shall remain in force for not more than three
years at a time.
From India, Delhi
THE FACTORIES (AMENDMENT) BILL, 2005
A
BILL
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,
namely:—
“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.
Further
restrictions on
employment of
women.
TO BE INTRODUCED IN LOK SABHA
2
(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.".
From India, Delhi
A
BILL
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,
namely:—
“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.
Further
restrictions on
employment of
women.
TO BE INTRODUCED IN LOK SABHA
2
(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.".
From India, Delhi
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