Factories Act 1948 - Historical provision

Section 109 of the Factories Act 1948 - Service of Notices

Section 109 empowered the State Government to prescribe, by rules, the manner in which orders under the Factories Act, 1948 were to be served on factory owners, occupiers or managers.

Current legal status: The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025. Section 143 of that Code repealed the Factories Act, 1948. Accordingly, Section 109 is reproduced on this page for historical, transitional and reference purposes and should not be treated as a currently operative standalone provision of the Factories Act.

Text of Section 109 - Service of notices

109. Service of notices. The State Government may make rules prescribing the manner of the service of orders under this Act on owners, occupiers or managers of factories.

Meaning and scope of Section 109

Section 109 was a rule-making provision dealing with the formal service of orders issued under the Factories Act. It did not itself prescribe a single nationwide method of service. Instead, it authorised the appropriate State Government to make rules specifying how an order was to be delivered or served on the relevant factory authority.

  • State Government: the authority empowered by Section 109 to prescribe the manner of service through rules.
  • Orders under the Act: orders made in exercise of powers available under the Factories Act, 1948.
  • Owner: the person having ownership of the factory or relevant property, according to the context in which an order was required to be served.
  • Occupier: under Section 2(n) of the Factories Act, the person who had ultimate control over the affairs of the factory, subject to the statutory rules applicable to firms, companies and government-owned factories.
  • Manager: the person named as manager of the factory for the purposes of the Factories Act and the applicable rules.

Why service of an order mattered

Proper service provides a formal means of communicating an order to the person responsible for the factory. The applicable State rules were therefore important for determining the prescribed mode of service and for showing that the relevant owner, occupier or manager had been served in accordance with law.

Position after 21 November 2025

The Central Government brought the Occupational Safety, Health and Working Conditions Code, 2020 into force on 21 November 2025 by notification S.O. 5321(E). Section 143 of the Code provides for repeal of the Factories Act, 1948 and other listed labour enactments, subject to the savings and transitional provisions contained in the Code.

For a current factory compliance issue, readers should therefore examine the OSHWC Code, the rules and notifications applicable under it, and any legally saved or continuing rules or actions relevant to the particular State and facts. For an older notice, order, proceeding or cause of action arising under the Factories Act, the repeal and savings provisions may require separate consideration.

Practical note: This page explains the former Section 109. The validity of service in a particular case may depend on the date of the order, the applicable State rules, the nature of the proceeding and the repeal or savings provisions. Check the current official text and the rules applicable to the relevant State before relying on a particular mode of service.

Official legal sources

For authoritative statutory material, see the India Code portal and the Ministry of Labour and Employment. The commencement notification for the OSHWC Code is available from the Ministry of Labour and Employment.

Updated: 26 September 2026. This article is for general legal information and does not substitute for advice on the facts of a particular matter.