Section 112 of the Factories Act 1948: General Power to Make Rules

Section 112 gave the State Government a general power to make rules for matters required or permitted to be prescribed under the Factories Act, 1948 and for matters considered expedient for carrying out the purposes of that Act.

Current legal status The Factories Act, 1948 was repealed on the commencement of the Occupational Safety, Health and Working Conditions Code, 2020 on 21 November 2025. Section 112 is therefore retained on this page as an important historical provision. Existing actions, rules and other instruments may continue to operate to the extent preserved by the repeal and savings provisions and not inconsistent with the Code.

Text of Section 112

The State Government may make rules providing for any matter which, under any of the provisions of this Act, is to be or may be prescribed or which may be considered expedient in order to give effect to the purposes of this Act.

Meaning and Scope of Section 112

Section 112 was an enabling rule-making provision. The Factories Act laid down the principal statutory framework for factory regulation, while many operational details could be prescribed through rules made by the State Government. The expression "prescribed" in this context referred to matters to be provided for by rules made under the Act.

The provision was deliberately broad. It covered both matters that another provision of the Act expressly required or permitted to be prescribed and additional matters that the State Government considered expedient for giving effect to the purposes of the Act. The rule-making power remained subordinate to the parent legislation and could not lawfully override the Act itself.

Why the Rule-Making Power Was Important

It enabled State Governments to provide detailed procedures and requirements needed to administer factory law.
It allowed statutory requirements to be implemented through rules suited to matters falling within State administration.
It supported provisions of the Act that depended on prescribed forms, standards, procedures, notices, registers or other regulatory details.
Rules made under the Act formed subordinate legislation and had to remain within the authority conferred by the Act.

Current Position Under the OSHWC Code 2020

The Occupational Safety, Health and Working Conditions Code, 2020 now provides the central statutory framework covering occupational safety, health and working conditions, including provisions concerning factories. Its Chapter XIV contains the present rule-making framework. Sections 133, 134 and 135 deal respectively with rule-making powers of the appropriate Government, Central Government and State Government.

Section 143 of the Code expressly repeals the Factories Act, 1948. Its savings provisions preserve qualifying actions and subordinate legislation taken under the repealed enactments, subject to the terms of the Code. For current compliance, readers should therefore consult the Code, applicable rules, notifications and State-specific instruments rather than rely on Section 112 alone.

Official Legal Sources

For authoritative text and current legal status, see the Factories Act, 1948 on India Code, the Occupational Safety, Health and Working Conditions Code, 2020 on India Code, and the OSHWC Code resources of the Ministry of Labour and Employment.

Reference note: This page explains a repealed provision for legal research and historical reference. Where a current obligation is involved, verify the applicable provisions of the OSHWC Code, rules, notifications and relevant State requirements.