Section 102 of the Factories Act, 1948 - Power of Court to Make Orders
Section 102 empowered a court, after convicting the occupier or manager of a factory for an offence punishable under the Factories Act, 1948, to require corrective measures in addition to imposing punishment. Its purpose was not limited to penal consequences: it also enabled the court to direct that the underlying contravention be remedied within a specified period.
Meaning and Scope of Section 102
The provision operated after a conviction under the Act. The court could issue a written order specifying the measures required to remedy the matter in respect of which the offence had been committed and could prescribe a period for compliance. On an application, the court could extend that period where it considered an extension appropriate.
Sub-section (1): Remedial Order After Conviction
Under sub-section (1), the court's power was additional to the punishment imposed for the offence. The court could require the convicted occupier or manager to take specified corrective measures within the time stated in its written order. The provision also permitted the court to extend the compliance period from time to time on an appropriate application.
Sub-section (2): Protection During Compliance Period and Further Offence
Where an order was made under sub-section (1), the occupier or manager was not liable under the Act merely for continuation of the offence during the compliance period, including any period validly extended by the court. If the court's order was not fully complied with by the end of that period, the occupier or manager was deemed to have committed a further offence and became liable to the additional punishment prescribed by Section 102(2).
Text of Section 102
102. Power of Court to make orders.
(1) Where the occupier or manager of a factory is convicted of an offence punishable under this Act the Court may, in addition to awarding any punishment, by order in writing require him, within a period specified in the order (which the Court may, if it thinks fit and on application in such behalf, from time to time extend) to take such measures as may be so specified for remedying the matters in respect of which the offence was committed.
(2) Where an order is made under sub-section (1), the occupier or manager of the factory, as the case may be, shall not be liable under this Act in respect of the continuation of the offence during the period or extended period, if any, allowed by the Court, but if, on the expiry of such period or extended period, as the case may be, the order of the Court has not been fully complied with, the occupier or manager, as the case may be, shall be deemed to have committed a further offence, and may be sentenced therefore by the Court to undergo imprisonment for a term which may extend to six months or to pay a fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with, or both to undergo such imprisonment and to pay such fine, as aforesaid.
Key Features of the Provision
- The power arose after conviction of an occupier or manager for an offence punishable under the Factories Act, 1948.
- The remedial direction was in addition to the punishment awarded by the court.
- The court could identify the corrective measures and specify the time allowed for compliance.
- The court could extend the compliance period on an application.
- Continuation of the contravention during the allowed compliance period did not itself attract liability under this provision.
- Failure to comply fully after expiry of the permitted period constituted a further offence under Section 102(2).
Present Position Under the OSHWC Code, 2020
The Occupational Safety, Health and Working Conditions Code, 2020 consolidates central legislation concerning occupational safety, health and working conditions. It came into force on 21 November 2025. The Factories Act, 1948 is among the enactments repealed under the Code's repeal and savings provisions. Readers dealing with current factory compliance should therefore consult the Code, applicable rules, notifications and the relevant State framework rather than rely on Section 102 as a presently operative standalone provision.
Note: This page preserves the text and explanation of Section 102 for legal research and historical reference. Application to an earlier prosecution, proceeding, liability, right or obligation may depend on the applicable repeal and savings provisions and the facts of the matter.