Section 65 of the Factories Act, 1948 - Power to Make Exempting Orders

Section 65 historically empowered the State Government, and in specified cases the Chief Inspector, to relax or exempt certain requirements governing the working hours of adult workers. The provision was designed for circumstances where working periods could not reasonably be fixed beforehand or where a factory faced an exceptional press of work.

Current legal status: The Factories Act, 1948 has been repealed following commencement of the Occupational Safety, Health and Working Conditions Code, 2020 on 21 November 2025. Section 143 of the OSHWC Code contains the repeal and savings provisions. This page therefore preserves Section 65 for historical, transitional and research purposes. For present compliance, the OSHWC Code, applicable rules, notifications and State-specific requirements should be checked.

What Section 65 Provided

Section 65 formed part of Chapter VI of the Factories Act, which regulated the working hours of adults. It dealt with two distinct situations. First, the State Government could relax or modify the requirement under Section 61 concerning advance fixation and display of periods of work where the nature of work or other circumstances made strict advance fixation unreasonable. Second, exemptions from specified working-hour provisions could be granted to deal with an exceptional press of work, subject to statutory limits.

Text of Section 65 - Power to Make Exempting Orders

(1) Where the State Government is satisfied that, owing to the nature of the work carried on or to other circumstances, it is unreasonable to require that the periods of work of any adult workers in any factory or class or description of factories should be fixed beforehand, it may, by written order, relax or modify the provisions of Section 61 in respect of such workers therein, to such extent and in such manner as it may think fit, and subject to such conditions as it may deem expedient to ensure control over periods of work.

(2) The State Government or, subject to the control of the State Government, the Chief Inspector may by written order exempt, on such conditions as it or he may deem expedient, any or all of the adult workers in any factory or group or class or description of factories from any or all of the provisions of Sections 51, 52, 54 and 56 on the ground that the exemption is required to enable the factory or factories to deal with an exceptional press of work.

(3) Any exemption granted under sub-section (2) shall be subject to the following conditions:

  1. the total number of hours of work in any day shall not exceed twelve;
  2. the spread over, inclusive of intervals for rest, shall not exceed thirteen hours in any one day;
  3. the total number of hours of work in any week, including overtime, shall not exceed sixty; and
  4. no worker shall be allowed to work overtime for more than seven days at a stretch, and the total number of hours of overtime work in any quarter shall not exceed seventy-five.

Explanation: In sub-section (3), "quarter" had the same meaning as in sub-section (4) of Section 64.

Meaning of the Key Provisions Referred to in Section 65

Section 61 - Notice of periods of work for adults: This provision governed the notice showing the periods during which adult workers could be required to work. Section 65(1) permitted relaxation or modification of that requirement by written order where advance fixation was unreasonable.

Sections 51, 52, 54 and 56: These provisions respectively dealt with weekly hours, weekly holidays, daily hours and spread over. Section 65(2) permitted a conditional exemption from any or all of these provisions when necessary to deal with an exceptional press of work.

Exceptional press of work: Section 65 did not create an unrestricted right for an employer to extend working hours. The statutory mechanism required an exemption order by the competent authority and remained subject to the limits in sub-section (3) and any conditions imposed in the order.

State Amendments Preserved in the Historical Text

Maharashtra

Maharashtra Act 40 of 2015 substituted sub-section (2) for the State and increased the quarterly overtime ceiling in clause (iv) of sub-section (3) from seventy-five hours to one hundred and fifteen hours. The historical amendment applied on its own terms while the Factories Act regime operated.

Uttar Pradesh

Uttar Pradesh Act 13 of 2018 amended clause (iv) of Section 65(3) by substituting one hundred and fifteen hours for seventy-five hours as the quarterly overtime ceiling under that State amendment.

Current Law Under the OSHWC Code, 2020

The Occupational Safety, Health and Working Conditions Code, 2020 now provides the central statutory framework. Section 25 deals with daily and weekly working hours and related matters. Section 127 gives the appropriate Government a general power, by notification and subject to specified conditions, restrictions and periods, to exempt an establishment or class of establishments from provisions of the Code or rules or regulations made under it. Section 143 repeals the Factories Act, 1948 while preserving qualifying prior actions and instruments to the extent stated in the savings provision.

Practical point: A historical exemption order under the Factories Act should not be assumed either to have expired automatically or to remain fully effective. Its continuing effect must be tested against Section 143 of the OSHWC Code, the terms and validity period of the particular order, and current Central or State rules and notifications.

Historical Legislative Notes

Sub-section (3) was substituted by the Factories (Amendment) Act, 1976 with effect from 26 October 1976. A former provision was also omitted by the same amending legislation with effect from that date.

Last reviewed: 26 September 2026. This article is intended as a legal information resource. Current notifications, rules and State-specific provisions should be verified before acting on an exemption or working-hours issue.