Section 20 of the Factories Act 1948 - Spittoons

Section 20 of the Factories Act, 1948 was a health provision dealing with the provision, location and maintenance of spittoons in factories, restrictions on spitting, display of notices and the statutory fine for contravention.

Current legal position: 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 Section 143 of that Code repealed the Factories Act, 1948. Accordingly, Section 20 below is retained for historical reference and for matters where the repealed law remains relevant under applicable repeal and saving provisions. Current compliance should be checked under the OSHWC Code, applicable rules, standards and valid saved subordinate legislation.

What did Section 20 provide?

Section 20 formed part of Chapter III of the Factories Act, 1948, dealing with health in factories. Its purpose was to require hygienic arrangements for spitting and to prevent indiscriminate spitting inside factory premises.

Section 20 - Spittoons

Sub-section (1): In every factory there shall be provided a sufficient number of spittoons in convenient places and they shall be maintained in a clean and hygienic condition.

Sub-section (2): The State Government may make rules prescribing the type and the number of spittoons to be provided and their location in any factory and provide for such further matters relating to their maintenance in a clean and hygienic condition.

Sub-section (3): No person shall spit within the premises of a factory except in the spittoons provided for the purpose and a notice containing this provision and the penalty for its violation shall be prominently displayed at suitable places in the premises.

Sub-section (4): Whoever spits in contravention of sub-section (3) shall be punishable with fine not exceeding five rupees.

Meaning and requirements of Section 20

1. Sufficient number of spittoons

The former Section 20(1) required every factory to provide a sufficient number of spittoons. The provision did not itself prescribe a fixed numerical ratio. The detailed type, number and location could be prescribed by the State Government under sub-section (2).

2. Convenient location and hygienic maintenance

The spittoons had to be placed at convenient locations and maintained in a clean and hygienic condition. The obligation therefore concerned both provision of the facility and its continuing upkeep.

3. Restriction on spitting in factory premises

Under sub-section (3), a person could not spit within factory premises except in a spittoon provided for that purpose. The factory was also required to display prominently a notice stating the restriction and the penalty for violating it.

4. Fine under the repealed provision

Sub-section (4) prescribed a fine not exceeding five rupees for a person who spat in contravention of sub-section (3). This amount is reproduced because it was part of the statutory text of Section 20; it should not be presented as a current penalty under the post-2025 labour-law framework.

Current law after repeal of the Factories Act 1948

The Occupational Safety, Health and Working Conditions Code, 2020 is now the principal central legislation consolidating occupational safety, health and working-condition laws covered by it. The Code became enforceable from 21 November 2025.

Section 23 of the OSHWC Code places responsibility on the employer to maintain prescribed health, safety and working conditions. It expressly permits prescription of requirements concerning cleanliness and hygiene, ventilation, dust and fumes, drinking water, overcrowding, lighting, latrines and urinals, and treatment of wastes and effluents. The former stand-alone Section 20 provision on spittoons should therefore be read as part of the historical Factories Act framework, not as an unrepealed current central section.

Practical note: Factory compliance can also depend on applicable Central or State rules, standards, notifications and the saving provisions governing subordinate legislation after repeal. Employers and occupiers should verify the rules and standards applicable to the particular State, establishment and activity.

Official legal sources

Updated: 26 September 2026. This page is intended as general legal information. For compliance in a particular factory, State-specific rules, notifications and saved provisions should also be checked.