Factories Act, 1934 — section 43

43. Power to make rules exempting from restrictions..—_(1) The 1[Provincial Government) may make rules defining the persons who hold positions of supervision or management or are employed in a confidential position in a factory, and the provisions of this Chapter, 2[other than the provisions of clause (b) of sub-section (1) of section 45 and of the provisos to that sub-section], shall not apply to any person so defined.

(2)The 1[Provincial Government] may make rules for adult workers providing for the exemption, to such extent and subject to such conditions as may be prescribed in such rules,

(a)of workers engaged on urgent repairs___from the provisions of sections 34, 35, 36, 37 and 38 ;

(b)of workers engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working of the factory___from the provisions of sections 34, 36, 37 and 38 ;

(c)of workers engaged in work which is necessarily so intermittent that the intervals during which they do not work while on duty ordinarily amount to more than intervals for rest required under section 37___from the provisions of sections 34, 36, 37 and 38 ;

(d)of workers engaged in any work which for technical reasons must be carried on continuously throughout the day___from the provisions of sections 34, 35, 36, 37 and 38 ; 1 Subs. by A. O., 1937. 2 Ins. by Act No. XI of 1935, s. 2.

(e)of workers engaged in making or supplying articles of prime necessity which must be made or supplied every day___from the provisions of section 35 ;

(f)of workers engaged in a manufacturing process which cannot be carried on except during fixed seasons___from the provisions of section 35 ;

(g)of workers engaged in a manufacturing process which cannot be carried on except at times dependent on the irregular action of natural forces___from the provisions of section 35 and section 37 ; and

(h)of workers engaged in engine-rooms or boiler-houses___from the provisions of section 35.

(3)Rules made under sub-section (2) providing for any exemption may also provide for any consequential exemption from the provisions of sections 39 and 40 which the 1[Provincial Government] may deem to be expedient, subject to such conditions as it may impose.

(4)In making rules under this section the 1[Provincial Government] shall prescribe the maximum limits for the weekly hours of work for all classes of workers, and any exemption given, other than an exemption under clause (a) of sub-section (2), shall be subject to such limits.

(5)Rules made under this section shall remain in force for not more than three years.