Section 21 of the Factories Act 1948 - Fencing of Machinery
Section 21 of the Factories Act, 1948 required dangerous moving parts of machinery in a factory to be securely fenced and the safeguards to be maintained while the machinery was in motion or use. The provision is important historically and for matters arising under the former Factories Act regime.
What did "fencing of machinery" mean?
In the context of former Section 21, fencing meant guarding dangerous machinery or moving components with safeguards of substantial construction so that workers were protected from contact with hazardous moving parts. The statutory duty was not limited to installing a guard: the safeguard had to be constantly maintained and kept in position while the protected machinery was in motion or in use.
The section specifically addressed moving parts of prime movers, flywheels, water-wheel and turbine races, projecting stock-bars, electric generators, motors, rotary converters, transmission machinery and dangerous parts of other machinery.
Former Section 21 of the Factories Act 1948
The following is a cleaned presentation of the substance of Section 21 as contained in the former Factories Act, 1948.
Section 21 - Fencing of machinery
(1) In every factory, the following were required to be securely fenced:
- every moving part of a prime mover and every flywheel connected to a prime mover, whether located in the engine house or elsewhere;
- the headrace and tailrace of every water-wheel and water turbine;
- any part of a stock-bar projecting beyond the head stock of a lathe; and
- unless already so positioned or constructed as to be safe as if securely fenced:
- every part of an electric generator, motor or rotary converter;
- every part of transmission machinery; and
- every dangerous part of any other machinery.
The safeguards had to be of substantial construction, constantly maintained and kept in position while the machinery or relevant parts were in motion or use.
(2) The State Government could prescribe further precautions for particular machinery or parts of machinery and could grant conditional exemptions where worker safety was secured.
Examination, lubrication and adjustment while machinery was moving
The proviso to former Section 21 recognised limited situations in which machinery might need to be examined, lubricated or adjusted while in motion. It also addressed prescribed continuous processes involving transmission machinery where stopping the machinery would substantially interfere with the process.
These situations were not a general exemption from guarding requirements. Where the proviso applied, the examination or operation had to satisfy the statutory conditions and, where applicable, the requirements of Section 22 - work on or near machinery in motion.
Current machinery-safety framework under the OSHWC Code 2020
The Occupational Safety, Health and Working Conditions Code, 2020 is now the principal central statutory framework governing occupational safety and working conditions. Under section 18(2)(f), the Central Government may declare standards on occupational safety and health for workplaces in relation to matters listed in the Second Schedule. The first listed matter is fencing of machinery.
This means the subject formerly dealt with specifically by Section 21 of the Factories Act remains part of the new safety framework, although compliance should now be assessed under the OSHWC Code, applicable rules, notified standards and relevant State requirements rather than by treating Section 21 as a presently operative standalone provision.
Practical machinery-guarding compliance points
| Area | Compliance focus |
|---|---|
| Moving machinery | Identify exposed moving, rotating, reciprocating, transmission and other dangerous parts. |
| Guards | Use substantial safeguards appropriate to the hazard and keep them securely positioned during operation. |
| Maintenance | Inspect and maintain guards so that deterioration, removal or bypassing does not create worker exposure. |
| Work while moving | Do not treat examination, lubrication or adjustment during motion as routine; apply the current legal and safety requirements for such work. |
| Documentation | Maintain inspection, maintenance, training and safety records required by the applicable law, rules and establishment procedures. |
| Local requirements | Check rules, standards, directions and notifications issued by the appropriate Central or State Government. |
Official legal sources
For authoritative and updated legal text, use the official sources below:
- India Code - Factories Act 1948 PDF - historical text including Section 21.
- Gazette Notification S.O. 5321(E), 21 November 2025 - commencement of the OSHWC Code 2020.
- Ministry of Labour and Employment - OSHWC Code 2020 - includes the Second Schedule covering fencing of machinery.
- Ministry of Labour and Employment - OSHWC Central Rules 2026.
This article is a general legal reference. Applicability can depend on the establishment, appropriate government, State rules, notified standards, facts and relevant date.