Royal Commission on Labour in India: Report(1929)||
The effective application of the Factories Act to these factories at this stage would involve serious practical difficulties. We therefore recommend the general extension to them of only a few sections of the Factories Act. We are anxious to limit, for the present, the burden which the inspection of these factories would involve, and believe that the limitation proposed is justified by the fact that in most of them there is little occasion for the enforcement of a number of provisions contained in the Factories Act. Further, many of the owners or managers are uneducated and would find it difficult to maintain any elaborate registers. We recommend that the only operative sections of the Factories Act which should apply automatically, i.e., by law, without the issue of a notification, to these factories are section 5 (giving inspectors powers of entry), Chapter III (relating to health and safety) but excluding sections 12 and 15, section 37 (relating to rules) and the appropriate parts of Chapter VIII with section 50 (relating to penalties and procedure). The provincial Governments would retain the power, which they have at present, of applying the Factories Act in extensive to any such factory, and in addition they should be given authority to extend any selected sections, other than those automatically applied. These powers might be used. for example, to give protection to children in respect of hours, or to check excessive hours generally, or to secure holidays, as necessity arises. Mr Joshi and Diwan Chaman Lall consider that those sections of the Factories Act relating to hours and the weekly rest day should be applied and extended to all factories employing more than 5 persons.