Legal Update – Factories Act Amendment – Maharashtra

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Factories Act

Factories Act Amendment – Maharashtra

Dear All,

In continuation of our earlier email pertaining to Maharashtra Factories (Second Amendment) Rules, based on the notification, Below are the key changes –

1. Digitalization of Processes
– Applications, notices, and licenses must now be submitted electronically in prescribed forms (Form 1 and Form 4).
– Renewal and amendments of licenses will also be processed online.

2. Stability Certificate
– For non-hazardous factories, the certificate of stability (Form 1A) must be submitted within 12 months of license issuance.

3. Updated Fee Schedules
Schedule A (all factories except power stations) and Schedule B (power generating stations) revised with new fee structures effective from 2026.

4. Medical Examination
– Annual free medical check-up for workers aged 45 years and above.
– Conducted by qualified practitioners or authorized medical officers.
– Results to be submitted electronically in Form 7-A within 15 days.

5. Safety & Security for Women Workers
– Women allowed to work 7:00 PM to 6:00 AM with conditions:
– Adequate transport facilities.
– Well-lit workplace and amenities.
– Minimum two women workers per worksite.
– CCTV surveillance with 45-day recording.
– Written consent retained for 3 years.

6. Additional Safety for Pregnant & Lactating Women
– Prohibited from hazardous operations involving carcinogenic or teratogenic substances.
– Mandatory protective gear (respirators, masks, overcoats).
– Training on hazards and emergency escape routes.

7. Mock Drills
– Every factory must conduct mock drills for emergency scenarios at least once every six months and report to the Inspector within 15 days.

8. Forms & Documentation
Form 1: For new factory construction, registration, license grant/renewal/amendment, notice of occupation, manager change.
Form 4: Electronic factory license.
Form 7-A: Health register for workers (except hazardous processes).

9. Deleted Rules & Forms
– Rule 11 and Form 5 removed.
– Schedule XIII deleted.

Objective
The amendments aim to:
Digitize compliance for ease and transparency.
Enhance worker health and safety, especially for women and vulnerable groups.
Update fee structures and operational norms in line with current industrial practices.

In reference to the above, Points 4 & 7 require regular administrative compliance which is to be done by you. You are requested to take note of this and adhere to the compliance as stated above.

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Legal Update – Maharashtra Factories (Second Amendment) Rules, 2025 Key highlights

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Factories Act

Maharashtra Factories (Second Amendment) Rules, 2025 Key highlights

The Government of Industries, Energy, Labour, and Mining Department issued some amendment in Maharashtra Factories Rules, 1963.
Enclosing herewith the highlights of the rules under Maharashtra Factories (Second Amendment) Rules, 2025.

Legal Update – Menstrual Leave Policy (2025) – Karnataka

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Factories Act Shop & Establishments

Menstrual Leave Policy (2025) – Karnataka

The Government of Karnataka has implemented the “Menstrual Leave Policy, 2025” to promote the health, well-being, efficiency, and mental wellness of women employees.

It applies to all permanent, contract, and outsourced female employees aged 18–52 years working under Factories Act, 1948, Karnataka Shops & Commercial Establishments Act, 1961, Plantation Workers Act, 1951, Beedi & Cigar Workers Act, 1966, Motor Transport Workers Act, 1961.

Key Provisions:

  1. One day of paid menstrual leave per month (12 days per year)
  2. Leave must be used in the same month; no carry-forward
  3. No medical certificate required to avail the leave.

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Legal Update – Employment of Women in Night Shifts – Haryana guidelines for Factories

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Factories Act

Employment of Women in Night Shifts – Haryana guidelines for Factories

The Haryana Government has issued a notification to allow factories to employ women in night shifts (7:00 PM to 6:00 AM), effective for one year from July 4, 2025, subject to strict compliance with safety, security, and legal requirements.
Key Highlights:

Legal Update – Factories (Gujarat Amendment) Ordinance, 2025

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Factories Act

Factories (Gujarat Amendment) Ordinance, 2025

The Government of Gujarat has issued an Ordinance amending the Factories Act, 1948 to provide flexibility in working hours, promote economic activity, and generate employment.

Key Highlights:
Work Hours –
Maximum daily hours extended up to 12 hours (including rest), subject to a maximum of forty-eight hours in any week.
Remaining days in the week to be paid holidays
Intervals for Rest extended up to 6 hours of Continuous work.

Overtime –
Overtime id allowed More than 9 hours/day for 6-day workweek, More than 10 hours/day for 5-day workweek and More than 11.5 hours/day for 4-day workweek or working on paid holidays.
Overtime limit increased from 75 hours to 125 hours per Quarter.

Women Employment –
Night Shift is allowed between 7 PM to 6 AM, Subject to strict safety measures.

Written consent is required from workers to avail the benefits.

Legal Update – Conditions in respect of employing women in the factory during night shift.

Categories
Factories Act

Conditions in respect of employing women in the factory during night shift

In exercise of the power conferred by clause (b) Sub-section (1) of Section-66 of Factories Act, 1948 (Central Act 63 of 1948) and in supersession of all other notifications issued in this behalf, the Governor of Haryana hereby prescribes the following conditions in respect of any factory which apply for the exemption for employing women in the factory during night shift i.e. between the hours of 07.00 PM to 06.00 AM, in respect of their Safety and Security. Such exemption shall be valid for one year from the date of issuance of the notification:-

A. No women shall be subjected to sexual harassment at any workplace in the factories.

B. The provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 or any other law or any other instructions / conditions issued in this regard from time to time by the Central Government or State Government , shall be complied with by the occupier of the factory.

C. Every occupier of the factory shall constitute by an order in writing, a Committee to be known as the Internal Committee (IC) as per Section 4(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Where the offices or administrative units of the workplace are located at different places or divisional or sub divisional level, the Internal Committee should be constituted at each administrative units or offices or workplaces separately.

D. Every occupier shall prepare and as often as may be appropriate, revise, a written statement of his general policy showing his commitment with respect to the prohibition of sexual harassment of the women worker at workplace and the order regarding constitution of Internal Committee and Policy on prohibition of sexual harassment shall be displayed at conspicuous places at the workplace.

E. The occupier shall provide proper lighting and CCTV cameras not only inside the factory, but also surrounding of the factory and to all places where the female workers may move out of necessity in the course of her work and shall see that the women workers are employed in a batch of not less than ten.

F. The Occupier shall provide transportation facility to the women workers from their residence and back. Security guards (including female security guard), well trained & responsible drivers, proper communication channels shall be provided in each vehicle. Other practical measures such as installation of CCTV cameras, GPS etc. may also be provided in each vehicle to ensure the safety and security of women workers.

G. Sufficient women security guards shall also be provided at the entry as well as exit point of the factory.

H. Declaration/consent from each woman worker including security guard, supervisors, shift- in-charge or any other women staff to work during night shift i.e. between 07.00PM to 06.00AM shall be obtained.

 

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Government Of Punjab Extends Working Hours For Factories For Three Months

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Factories Act

Government of Punjab, Labour department vide notification dated 20th April 2020, in exercise of powers conferred under Section 65 of the Factories Act 1948, has exempted factories for three months from certain provisions of the Act. As per the notification the regular working hours of Nine hours per day as per Section 54 of the Act and allow the working of maximum twelve hours per day for all factories permitted to operate in the State of Punjab. Spread over hours shall not exceed thirteen hours in one day instead of a maximum of ten and half hours as provided under Section 56 of the Act. The workers shall be provided wages at the rate of twice the ordinary rate of wages as provided for overtime under Section 59 of the Act. All precautionary measures advised by the Government for sanitization and principles of social distancing and less contact shall be strictly adhered to. Please refer to the notification for more details