Section 33 of the Factories Act 1948 - Pits, Sumps and Openings in Floors
Section 33 was a workplace safety provision requiring dangerous fixed vessels, sumps, tanks, pits and openings in the ground or floor to be securely covered or securely fenced.
Text of Section 33 of the Factories Act 1948
33. Pits, sumps, openings in floors, etc.
(1) In every factory every fixed vessel, sump, tank, pit or opening in the ground or in a floor which, by reason of its depth, situation, construction or contents, is or may be a source of danger, shall be either securely covered or securely fenced.
(2) The State Government may, by order in writing, exempt, subject to such conditions as may be prescribed, any factory or class or description of factories in respect of any vessel, sump, tank, pit or opening from compliance with the provisions of this section.
Meaning and purpose of Section 33
The provision addressed fall, entrapment and similar workplace hazards created by fixed vessels, sumps, tanks, pits and floor or ground openings. Its protection was triggered where the depth, location, construction or contents of the opening or enclosure made it, or could make it, a source of danger.
The statutory safety requirement was expressed in two alternatives: the dangerous place had to be securely covered or securely fenced. The purpose was preventive - physical guarding was required before the hazard caused injury.
Power of the State Government under sub-section (2)
Sub-section (2) permitted the State Government to grant an exemption for a factory, class of factories or description of factories in relation to a vessel, sump, tank, pit or opening. The exemption had to be made by a written order and could be made subject to prescribed conditions.
Current law under the OSH Code 2020
The Occupational Safety, Health and Working Conditions Code, 2020 is now the principal central legislation consolidating workplace safety and working-condition laws. Section 143 of the Code repealed the Factories Act, 1948 when the Code was brought into force.
The subject formerly dealt with by Section 33 remains expressly recognised in the current statutory framework. Under Section 18(2)(f) of the OSH Code, occupational safety and health standards may cover the matters specified in the Second Schedule. Item 13 of that Schedule identifies pits, sumps, openings in floors and other similar indentation of area as a safety matter.
Employers should therefore consult the OSH Code, the applicable occupational safety and health standards, the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 where applicable, and the relevant State rules or notifications for the establishment concerned.
Practical safety points
- Identify pits, sumps, tanks, vessels and floor or ground openings that may create a danger.
- Use effective physical protection appropriate to the hazard, including secure covers or guarding where required by the applicable standards and rules.
- Keep protective arrangements properly maintained and do not allow access controls to become ineffective.
- Check the current Central and State rules and occupational safety standards applicable to the particular establishment and activity.
Legal transition
For incidents, inspections, proceedings or liabilities relating to an earlier period, the repealed Factories Act and the repeal-and-savings provisions may still be relevant. For present compliance, readers should use the OSH Code framework and the rules, standards and notifications currently applicable to their establishment.
Updated: 26 September 2026. This article is for legal information and statutory reference. Applicability can depend on the establishment, State rules, notifications and the facts of a particular case.