9

CHAPTER VIL
which pooling gives rise, as for other evils, the proper remedy is the pro-
Asion of an adequate inspecting staff.
Suitable Exemptions.

The extra latitude recommended for seasonal factories in
the matter of hours should be regarded as meeting the special require-
ments of these factories, and the power of exemption should be
severely limited in the case of factories which enjoy this latitude. Asin
perennial factories, the restriction on hours of work need not be applied
bo persons in positions of supervision or management or to those employed
in a confidential capacity. The power should also remain of giving
limited exemptions to persons whose work is of a preparatory or com-
plementary character. It may also be desirable, in certain classes of sea-
sonal factories, to grant exemptions from the provision relating to inter-
vals. There is no need for exemption from the provisions of the weekly
holiday. These provisions do not prevent any factory from working 7
Jays of the week, provided that no individual works for more than 6
days. Our proposals for seasonal factories thus involve practically
nothing more than the enforcement of the spirit and letter of the existing
law ; but it is an essential part of our recommendations that the
provisions suggested should be strictly enforced. The inadequate
protection hitherto given to workers in seasonal factories is due, not so
much to any defect in the Factories Act, as to imperfect and inadequate
provision for the inspection of these factories. We return to this
crucial question later.

Demareation.
If certain factories are to be granted special latitude in the
matter of hours, the question of their definition and demarcation
requires attention. The latitude which we have suggested is justified
only in the case of factories which do not ordinarily work their opera-
tives for more than half the days of the year. In most seasonal factories,
however, the season naturally varies with the extent of the crop and
other factors, and few owners of seasonal factories could declare
beforehand how many days’ work would be necessary. We recommend,
therefore, that the Act should include within the definition of a seasonal
factory certain specified classes of factory. In addition, the provincial
Government should have power to declare that any factory falling
within these classes should be treated in future as a perennial factory,
and that any factory not so included should be treated as seasonal.
This power should be subject to the provincial Government being satis-
fied that the factory is or is not, as the case may be, normally open on
more than half the days of the year. In the classes to be specifically
treated as seasonal, we would definitely include in all provinces cotton-
ginning factories, lac factories, indigo factories, coffee factories, rubber
Factories and jute presses. We would also include tea factories in all
provinces of North India. This list is not intended to be exhaustive
and it should be enlarged by the inclusion, with reference to the