Power to make exempting orders

Section 65 of the Factories Act, 1948 deals with power to make exempting orders. Where the State Government is satisfied that, owing to the nature of the work carried on or to other circumstances, it is unreasonable to require that the periods of work of any adult workers in any factory or class or description of factories should be fixed beforehand, it may, by written order, re

(1) Where the State Government is satisfied that, owing to the nature of the work carried on or to other circumstances, it is unreasonable to require that the periods of work of any adult workers in any factory or class or description of factories should be fixed beforehand, it may, by written order, relax or modify the provisions of section 61 in respect of such workers therein, to such extent and in such manner as it may think fit, and subject to such conditions as it may deem expedient to ensure control over periods of work.

(2) The State Government or, subject to the control of the Stale Government, the Chief Inspector may by written order exempt, on such conditions as it or he may deem expedient, any or all of the adult workers in any factory or group or class or description of factories from any or all of the provisions of sections 51, 52, 54 and 56 on Ike ground that the exemption is required to enable the factory or factories to deal with an exceptional press of work. [(3) Any exemption granted under sub-section (2) shall be subject to the following conditions, namely :- (i) the total number of hours of work in any day shall not exceed twelve;

(ii) the spread over, inclusive of intervals for rest, shall not exceed thirteen hours in any one day; 1. Added by Act 25 of 1954, s. 15 (w.e.f. 7-5-194). 2. Ins. by Act 94 of 1976, s. 27 (w.e.f. 26-10-1976). 3. Subs. by Act 25 of 1954, s. 15, for sub-section (4) (w.e.f. 7-5-1954). 4. Clause (iii) re-numbered as clause (iv) by Act 94 of 1976, s. 27 (w.e.f. 26-10-1976). 5. Subs. by Act 94 of 1976, s. 27, for "three years" (w.e.f. 26-10-1976). 6. Subs. by Act 94 of 1976, s. 28, for sub-section (3) (w.e.f. 26-10-1976).

(iii) the total number of hours of work in any week, including overtime, shall not exceed sixty;

(iv) 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 seventy-five.

Explanation .- In this sub-section "quarter" has the same meaning as in sub-section (4) of section 64.] * STATE AMENDMENTS Maharashtra Amendment of Section 65 of 63 of 1948 .- In section 65 of the principal Act,- (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.";

(b) 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. [Vide Maharashtra Act 40 of 2015, s. 3] Uttar Pradesh Amendment of section 65 .-- In Section 65 of the principal Act, in sub-section (3), in clause (iv) for the words "seventy-five" the words "one hundred fifteen " shall be substituted. [Vide Uttar Pradesh Act 13 of 2018, s. 4]

Section 65, The Factories Act, 1948 (Act 63 of 1948).