Factory health and workplace space

Section 16 of the Factories Act 1948 - Overcrowding

Section 16 of the Factories Act, 1948 historically regulated overcrowding in factory workrooms and prescribed minimum cubic space per worker. The current central framework is now found in the Occupational Safety, Health and Working Conditions Code, 2020 and the Occupational Safety, Health and Working Conditions (Central) Rules, 2026.

Current legal position: The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025. The Factories Act, 1948 was one of the enactments repealed under the Code, subject to the repeal and savings provisions. For establishments for which the Central Government is the appropriate Government, the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 came into force on publication on 8 May 2026. State rules and notifications should be checked where the State Government is the appropriate Government.

What did Section 16 of the Factories Act provide?

The purpose of Section 16 was to protect worker health by preventing unhealthy overcrowding in factory rooms. It combined a general health-based prohibition with numerical minimum-space standards and powers relating to occupancy notices and exemptions.

Section 16 - Overcrowding

Sub-section (1): No room in a factory could be overcrowded to an extent injurious to the health of the workers employed there.

Sub-section (2): A workroom in a factory existing when the Act commenced was required to provide at least 9.9 cubic metres of space for every worker. A factory built after commencement was required to provide at least 14.2 cubic metres per worker. In calculating this space, room space more than 4.2 metres above floor level was disregarded.

Sub-section (3): If required by a written order of the Chief Inspector, a notice stating the maximum number of workers permitted in the workroom had to be displayed.

Sub-section (4): The Chief Inspector could, by written order and subject to conditions, exempt a workroom where compliance was considered unnecessary in the interests of worker health.

Historical minimum space under Section 16

Workroom	Minimum space per worker under old Section 16
Factory existing on commencement of the Factories Act, 1948	9.9 cubic metres
Factory built after commencement of the Factories Act, 1948	14.2 cubic metres
Space above floor level excluded from calculation	Space above 4.2 metres

These metric figures were substituted by the Factories (Amendment) Act, 1987 with effect from 1 December 1987. They are stated here to explain the historical Section 16 requirement and should not be treated as a substitute for checking the presently applicable Code, rules and State provisions.

Current law: Section 23 of the OSHWC Code, 2020

Section 23 of the Occupational Safety, Health and Working Conditions Code, 2020 places responsibility on the employer to maintain prescribed health, safety and working conditions. Among the matters for which the Central Government may prescribe standards are measures to prevent overcrowding and to provide sufficient space to employees and other persons employed in the establishment.

Current Central Rule 45 on overcrowding

Rule 45 of the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 applies, within the Central Rules framework, to specified workplaces including factories. In substance, it requires the employer to address overcrowding through practical workplace controls, including:

preventing machinery, materials or products from crowding floor space in a manner that creates danger or menace to employees;
providing sufficient space around individual machines or process units for normal operation, adjustment, ordinary repairs and movement of materials;
preventing overcrowding where employees work or assemble;
using signs or symbols, in the prescribed languages, to identify overcrowding hazards and specify the number of employees allowed at a place at one time;
separating vehicle and pedestrian pathways with barriers indicated by distinctive colours; and
managing vehicle deployment so that overcrowding is avoided.

Important: This page retains Section 16 because it remains relevant to historical compliance periods, older proceedings, saved actions and legal research. For current compliance after commencement of the OSHWC Code, read the Code together with the rules and notifications applicable to the establishment and the appropriate Government.

Meaning of key terms

Overcrowding

In this context, overcrowding concerns insufficient or unsafe working space, including crowding caused by workers, machinery, materials, products or traffic movement, where the resulting conditions can affect health or safety.

Appropriate Government

The OSHWC Code allocates regulatory responsibility between the Central Government and State Governments according to the nature and control of the establishment. This distinction matters because the 2026 Central Rules apply where the Central Government is the appropriate Government; establishments in the State sphere should verify the applicable State rules.

Compliance points for factory occupiers and employers

For present-day compliance, employers should assess actual usable floor space, machinery layout, material storage, pedestrian movement, vehicle routes, congregation points and occupancy controls. Required signs and permitted occupancy information should be kept clear and visible. Compliance should be reviewed whenever machinery, production lines, storage arrangements or workforce density changes.

Legal update and source note

The page has been updated to distinguish the former Factories Act provision from the present OSHWC framework. Readers dealing with an incident, inspection, prosecution or compliance period before 21 November 2025 should also examine the Factories Act, 1948 and the rules then applicable, together with the savings provisions of the OSHWC Code.