Factories Act, 1948: Section-wise Guide and Current Legal Status
The Factories Act, 1948 (Act No. 63 of 1948) historically regulated health, safety, welfare, working hours, young persons, leave and penalties in factories across India. It came into force on 1 April 1949.
Current legal statusThe Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025. Section 143 of that Code repeals the Factories Act, 1948, subject to its savings provisions. The section-wise material below is therefore retained primarily for historical, transitional, saved-rights and legacy-reference purposes. For current compliance, consult the OSHWC Code, applicable rules, notifications and State-specific requirements.
Act number63 of 1948
Enacted23 September 1948
Commenced1 April 1949
What the Factories Act covered
The Act consolidated and amended the law regulating labour in factories. Its principal subjects included factory approval and registration, duties of occupiers, inspectors, health and safety, hazardous processes, welfare facilities, adult working hours, employment of young persons, annual leave with wages, special provisions, offences, penalties and procedural matters.
Chapter I Preliminary
- Section 2 Interpretation
- Section 3 References to time of day
- Section 4 Power to declare different departments to be separate factories or two or more factories to be a single
- Section 5 Power to exempt during public emergency
- Section 6 Approval, licensing and registration of factories
- Section 7 Notice by occupier
Chapter Ii The Inspecting Staff
Chapter Iii Health
Chapter Iv Safety
- Section 21 Fencing of machinery
- Section 22 Work on or near machinery in motion
- Section 23 Employment of young persons on dangerous machines
- Section 24 Striking gear and devices for cutting off power
- Section 25 Self-acting machines
- Section 26 Casing of new machinery
- Section 27 Prohibition of employment of women and children near cotton-openers
- Section 28 Hoists and lifts
- Section 29 Lifting machines, chains, ropes and lifting tackles
- Section 30 Revolving machinery
- Section 31 Pressure plant
- Section 32 Floors, stairs and means of access
- Section 33 Pits, sumps openings in floors, etc
- Section 34 Excessive weights
- Section 35 Protection of eyes
- Section 36 Precautions against dangerous fumes, gases, etc
- Section 36A Precautions regarding the use of portable electric light
- Section 37 Explosive or inflammable dust, gas, etc
- Section 38 Precautions in case of fire
- Section 39 Power to require specifications of defective parts or tests of stability
- Section 40 Safety of buildings and machinery
- Section 40A Maintenance of buildings
- Section 40B Safety officers
- Section 41 Power to make rules to supplement this Chapter
Chapter Iva Provision Relating To Hazardous Processes
- Section 41A Constitution of Site Appraisal Committee
- Section 41B Compulsory disclosure of information by the occupier
- Section 41C Specific responsibility of the occupier in relation to hazardous processes
- Section 41D Power of Central Government to appoint Inquiry Committee
- Section 41E Emergency standards
- Section 41F Permissible limits of exposure of chemical and toxic substances
- Section 41G Workers participation in safety management
- Section 41H Right of workers to warn about imminent danger
Chapter V Welfare
- Section 42 Washing facilities
- Section 43 Facilities for storing and drying clothing
- Section 44 Facilities for sitting
- Section 45 First-aid appliances
- Section 46 Canteens
- Section 47 Shelters, rest rooms and lunch rooms
- Section 48 Creches
- Section 49 Welfare officers
- Section 50 Power to make rules to supplement this Chapter
Chapter Vi Working Hours Of Adults
- Section 51 Weekly hours
- Section 52 Weekly holidays
- Section 53 Compensatory holidays
- Section 54 Daily hours
- Section 55 Intervals for rest
- Section 56 Spread over
- Section 57 Night shifts
- Section 58 Prohibition of overlapping shifts
- Section 59 Extra wages for overtime
- Section 60 Restriction on double employment
- Section 61 Notice of periods of work for adults
- Section 62 Register of adult workers
- Section 63 Hours of work to correspond with notice under section 61 and register under section 62
- Section 64 Power to make exempting rules
- Section 65 Power to make exempting orders
- Section 66 Further restrictions on employment of women
Chapter Vii Employment Of Young Persons
- Section 67 Prohibition of employment of young children
- Section 68 Non-adult workers to carry tokens
- Section 69 Certificates of fitness
- Section 70 Effect of certificate of fitness granted to adolescent
- Section 71 Working hours for children
- Section 72 Notice of periods of work for children
- Section 73 Register of child workers
- Section 74 Hours of work to correspond with notice under section 72 and register under section 73
- Section 75 Power to require medical examination
- Section 76 Power to make rules
- Section 77 Certain other provisions of law not barred
Chapter Viii Annual Leave With Wages
Chapter Ix Special Provisions
- Section 85 Power to apply the Act to certain premises
- Section 86 Power to exempt public institutions
- Section 87 Dangerous operations
- Section 87A Power to prohibit employment on account of serious hazard
- Section 88 Notice of certain accidents
- Section 88A Notice of certain dangerous occurrences
- Section 89 Notice of certain diseases
- Section 90 Power to direct enquiry into cases of accident or disease
- Section 91 Power to take samples
- Section 91A Safety and occupational health surveys
Chapter X Penalties And Procedure
- Section 92 General penalty for offences
- Section 93 Liability of owner of premises in certain circumstances
- Section 94 Enhanced penalty after previous conviction
- Section 95 Penalty for obstructing Inspector
- Section 96 Penalty for wrongfully disclosing results of analysis under section 91
- Section 96A Penalty for contravention of the provisions of sections 41B, 41C and 41H
- Section 97 Offences by workers
- Section 98 Penalty for using false certificate of fitness
- Section 99 Penalty for permitting double employment of child
- Section 101 Exemption of occupier or manager from liability in certain cases
- Section 102 Power of Court to make orders
- Section 103 Presumption as to employment
- Section 104 Onus as to age
- Section 104A Onus of proving limits of what is practicable, etc
- Section 105 Cognizance of offences
- Section 106 Limitation of prosecutions
- Section 106A Jurisdiction of a court for entertaining proceedings, etc., for offence
Chapter Xi Supplemental
- Section 107 Appeals
- Section 108 Display of notices
- Section 109 Service of notices
- Section 110 Returns
- Section 111 of Factories Act - Obligations of workers
- Section 111A of Factories Act - Obligations of workers
- Section 112 of Factories Act - General power to make rules
- Section 113 of Factories Act - Powers of Centre to give directions
- Section 114 of Factories Act - No charge for facilities and conveniences
- Section 115 of Factories Act - Publication of rules
- Section 116 of Factories Act - Application of Act to Government factories
- Section 117 of Factories Act - Protection to persons acting under this Act
- Section 118 of Factories Act - Restrictions on disclosure of information
- Section 118A of Factories Act - Restriction on disclosure of information
- Section 119 of Factories Act - Act to have effect notwithstanding anything contained in Act 37 of 1970
- Section 120 of Factories Act - Repeal and savings