Section 26 Factories Act 1948 - Casing of New Machinery

Section 26 of the Factories Act, 1948 prescribed safety requirements for casing and guarding specified parts of power-driven machinery installed in factories. The provision is important for historical compliance, proceedings saved after repeal, and understanding the origin of the present machinery-safety standards.

Current legal position: The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025. Section 143 of that Code repealed the Factories Act, 1948. Accordingly, Section 26 should no longer be described as the current governing section for new factory machinery. Actions, rules, orders and other matters may, however, continue to be relevant under the repeal-and-savings framework where legally applicable.

What Section 26 meant

The expression "casing of new machinery" referred to physical safety measures designed to prevent workers and other persons from coming into dangerous contact with exposed rotating components and gearing. The section applied to machinery driven by power and installed in a factory after commencement of the Factories Act, 1948.

Core safety principle: exposed rotating fasteners and specified gearing had to be sunk, encased, effectively guarded or otherwise made as safe as complete enclosure would make them.

Text and requirements of historical Section 26

Section 26(1): Machinery guarding

For machinery driven by power and installed in a factory after commencement of the Act:

(a) every set screw, bolt or key on a revolving shaft, spindle, wheel or pinion had to be sunk, encased or otherwise effectively guarded so as to prevent danger; and

(b) spur, worm and other toothed or friction gearing not requiring frequent adjustment while in motion had to be completely encased, unless its location made it as safe as complete encasing would have made it.

Section 26(2): Historical offence for supply or hire

The provision also imposed liability on a person who sold or let on hire, or as agent caused or procured the sale or hire of, power-driven machinery for factory use that did not comply with sub-section (1) or rules made under sub-section (3). Under the repealed Act, the stated punishment could extend to three months' imprisonment, a fine of five hundred rupees, or both.

Section 26(3): State rule-making power

The State Government could make rules specifying further safeguards for other dangerous parts of a particular machine or class or description of machines.

Meaning of important terms

Term	Practical meaning in Section 26
Machinery driven by power	Machinery operated through power rather than solely by manual effort, to which the statutory machinery-safety requirements applied.
Revolving shaft, spindle, wheel or pinion	Rotating machine components capable of creating entanglement, catching or contact hazards.
Sunk or encased	A design or enclosure method that prevents dangerous projection or access to the moving component.
Effectively guarded	A protective arrangement sufficient to prevent dangerous contact with the moving part.
Toothed or friction gearing	Power-transmission components whose moving contact points may create crushing, trapping or entanglement risks.

Current law after repeal of the Factories Act 1948

The present central framework is the Occupational Safety, Health and Working Conditions Code, 2020 (Act 37 of 2020). It consolidates workplace safety and working-condition laws and has been in force from 21 November 2025.

Section 18 of the OSHWC Code provides the statutory framework for occupational safety and health standards. The machinery-safety framework made under the Code continues the substantive objective of guarding dangerous moving machinery, including casing or guarding revolving fasteners and specified gearing. The Occupational Safety, Health and Working Conditions (Central) Rules, 2026 were notified in May 2026.

Repeal and savings under Section 143 of the OSHWC Code

Section 143 is the repeal-and-savings provision. It expressly repeals the Factories Act, 1948. It also preserves, subject to the terms of the Code, specified actions and subordinate measures taken under repealed enactments and applies the general law relating to the effect of repeal. This is why the old Section 26 can remain relevant to historical facts, earlier violations, saved proceedings and interpretation, even though it is no longer the current operative section.

1954 amendment history

The original page correctly recorded that Act 25 of 1954 amended Section 26 with effect from 7 May 1954. The amendment changed the reference in sub-section (2) so that non-compliance could include rules made under sub-section (3), and substituted sub-section (3) concerning further safeguards for dangerous machine parts.

Practical compliance points

Identify exposed rotating shafts, spindles, wheels, pinions, gears and other moving parts during machine risk assessment.
Use fixed guards, enclosures or other safeguards appropriate to the machinery and applicable safety standards.
Ensure guards remain securely fitted and effective while machinery is in motion, except where a lawful and safe maintenance procedure requires otherwise.
Control access during maintenance, adjustment, cleaning and repair, including appropriate isolation of energy sources.
Check the OSHWC Code, applicable Central or State rules, notified standards and factory-specific requirements for the establishment concerned.

Official legal resources

India Code - Occupational Safety, Health and Working Conditions Code, 2020 Ministry of Labour and Employment - OSHWC Code, 2020 e-Gazette of India - Official notifications and rules Ministry of Labour and Employment

Updated: 26 September 2026. This page explains the historical provision and the transition to the current OSHWC framework. For a specific establishment or proceeding, applicable Central or State rules and notifications should also be checked.