Power to make exempting orders
Section 65 of the Factory 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 before- hand, it may, by written order
(1) Where the 3[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 before- hand, 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 4[State] Government or, subject to the control of the 5[State] 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 the ground that the exemption is required to enable the factory or factories to deal with an exceptional press of work. 6[(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; THE (ii) the spread over, inclusive of intervals for rest, shall not exceed thirteen hours in any one day;
(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.] (4) 7[ *** ]
Section 65, The Factory Act , 1948 (Act 63 of 1948).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 65
What does Section 65 of the Factory Act deal with?
Section 65 of the Factory Act is headed "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 before- hand, it may, by written order
How do I find court cases under Section 65 of the Factory Act ?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Factory Act 1948 65, section 65 Factory Act 1948, section 65 of the Factory Act . Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 65 of the Factory Act , and has it changed?
Its own text turns on section 51 (Weekly hours), section 52 (Weekly holidays), section 54 (Daily hours), section 56 (Spread over), and on 2 further provisions, so none of them can safely be read on its own.
When was the Factory Act enacted?
Factory Act was enacted in 1948 as Act 63 of 1948. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Interpretation1530 words
- 120. Repeal and savings1473 words
- 7. Notice by occupier1399 words
- 79. Annual leave with wages1249 words
- 64. Power to make exempting rules1007 words
- 28. Hoists and lifts995 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/0dd381b6-b6d6-4e45-bf21-92b5946e4c52.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/1a593b6f-38df-46df-9029-25b37c2befc4/content). This page is not a substitute for legal advice.