The Gujarat Physically Handicapped Persons (Employment in Factories) Act, 1982

{
    "id": 16830,
    "slug": "gujarat-physically-handicapped-persons-employment-in-factories-act-1982",
    "title": "The Gujarat Physically Handicapped Persons (Employment in Factories) Act, 1982",
    "short_title": "The Gujarat Physically Handicapped Persons (Employment in Factories) Act, 1982",
    "act_number": "Gujarat Act No. 6 of 1982",
    "act_year": 1982,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Gujarat Physically Handicapped Persons (Employment in Factories) Act, 1982",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent, commencement and application.",
            "chapter": null,
            "content": "(i) every existing factory where five hundred or more workers are working or were working on any day of the twelve months immediately preceding the commencement of this Act;\n(ii) every new factory where five hundred or more workers arc working.\n(b) The State Government may, after giving two months' notice of the intention of so doing, by notification in the Official Gazette, apply the provisions of this Act to other factories where such lesser number of workers are working as specified in such notification.\n(c) It shall apply to a factory belonging to or managed by any Government except the Central Government, if such factory is a factory referred to in clause (a) or in the notification issued under clause (b).\n(d) A factory to which this Act applies under clause (a) or (b) shall continue to be governed by this Act notwithstanding that the number of workers working therein falls below the number specified in clause (a) or in the notification issued under clause (b).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Certifying Surgeon\" means a Certifying Surgeon appointed under Section 10 of the Factories Act, 1948 (63 of 1948);\n(b) \"existing factory\" means a factory existing on the commencement of this Act;\n(c) \"Inspector\" means an Inspector appointed under Section 8 of the Factories Act, 1948 (63 of 1948);\n(d) \"new factory\" means a factory in which the manufacturing process is commenced at any time after the commencement of this Act;\n(e) \"person registered as physically handicapped\" means a physically handicapped person whose name is registered with an employment exchange;\n(f) \"physically handicapped person\" means a person who, on account of any deficiency, injury, disease or congenital deformity, is substantially handicapped in obtaining or keeping employment, or in undertaking work on his own account, of a kind which but for such deficiency, injury, disease or deformity would be suited to his age, experience and qualifications;\n(g) \"Prescribed\" means prescribed by rules made under this Act;\n(h) (i) the word \"employment exchange\" shall have the meaning assigned to it in the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 (31 of 1959);\n(ii) other words and expressions used but not defined in this Act shall have meanings respectively assigned to them in the Factories Act, 1948 (63 of 1948).",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Obligation of occupier to employ persons registered as physically handicapped in factory.",
            "chapter": null,
            "content": "(a) an agreement to reinstate such person in his employment entered into before the commencement of this Act; or\n(b) an Act whether passed before or after this Act ; or\n(c) any judgement, decree or order of a court.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Conditions for employment of physically handicapped persons.",
            "chapter": null,
            "content": "(a) he is an adult;\n(b) his name is registered at any employment exchange in the State; and\n(c) a certificate of fitness granted under Section 5 is in the custody of manager of the factory.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Certificate of fitness.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. The records to be maintained by occupier.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Powers and duties of Inspectors.",
            "chapter": null,
            "content": "(a) enter at all reasonable times, accompanied with such persons in the service of the Government as he thinks fit, any place which is used or which he has reason to believe is used as a factory ;\n(b) Make such examination of records and take on the spot or otherwise evidence of any person as he may deem necessary, for carrying out the purposes of this Act; and\n(c) exercise such other powers as may be prescribed, for carrying out the purposes of this Act:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Occupier and manager to produce records, etc. for inspection.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Offences by occupier or manager.",
            "chapter": null,
            "content": "(a) fails to employ under Section 3 persons registered as physically handicapped; or\n(b) contravenes provisions of Section 4 ; or\n(c) fails to maintain records required under Section 6 ; or\n(d) wilfully obstructs an Inspector in the exercise of his powers or discharge of his duties under this Act or fails to produce for inspection on demand by an Inspector any record maintained in pursuance of the provisions of this Act or the rules made thereunder or to supply to him on demand true copies of any such records, he shall be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Penalty for using false certificate of fitness.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Cognisance of offences.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Power to make rules.",
            "chapter": null,
            "content": "(a) the form in which a certificate of fitness to work to be granted by a Certifying Surgeon under sub-section (2) of Section 5 ;\n(b) the form in which an occupier shall maintain a record and the other particulars to be shown in such form ;\n(c) the rules subject to which an Inspector may exercise his powers and perform his duties under Section 7 and the other powers to be exercised by an Inspector under clause (c) of Section 7 ; and\n(d) any other matter which is to be or may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Repeal and Savings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        }
    ],
    "metadata": {
        "Act ID": "guj141",
        "Act Number": "Gujarat Act No. 6 of 1982",
        "Enactment Date": "",
        "Act Year": "1982",
        "Short Title": "The Gujarat Physically Handicapped Persons (Employment in Factories) Act, 1982",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:52:48"
}