Section 39 of the Factories Act 1948: Defective Parts and Tests of Stability
Section 39 empowered the factory Inspector to require technical particulars or safety tests where a building, access way, machinery or plant appeared capable of endangering human life or safety. The provision is retained here as a historical legal reference because the Factories Act, 1948 has since been repealed.
What Section 39 provided
The purpose of Section 39 was preventive factory safety. It applied when the Inspector considered the condition of a factory building, part of a building, ways, machinery or plant potentially dangerous to human life or safety. The Inspector could issue a written order to the occupier, the manager, or both, requiring specified information or tests before a stated date.
Historical text of Section 39
39. Power to require specifications of defective parts or tests of stability.
If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it may be dangerous to human life or safety, he may serve on the occupier or manager or both of the factory an order in writing requiring him before a specified date -
Amendment note: Act 94 of 1976, section 18 substituted the words referring to "the occupier or manager or both" for the earlier reference to "the manager", with effect from 26 October 1976.
Meaning and scope of the provision
| Trigger | The Inspector formed the view that the condition of specified factory premises, machinery or plant might be dangerous to human life or safety. |
|---|---|
| Form of action | A written order addressed to the occupier, manager, or both. |
| Information power | The order could require drawings, specifications and other particulars needed to assess safe use. |
| Testing power | The order could require specified tests and communication of the test results to the Inspector. |
| Time limit | The written order had to specify the date before which the requirement was to be met. |
Section 39 and Section 40: the practical distinction
Section 39 dealt with a situation in which the Inspector needed drawings, particulars or tests to determine whether the relevant building, ways, machinery or plant could be used safely. Section 40 separately dealt with buildings or machinery that appeared dangerous and empowered the Inspector to specify remedial measures; in cases of imminent danger, Section 40 also contemplated prohibition of use until proper repair or alteration.
Current law under the OSH Code 2020
The present central framework is the Occupational Safety, Health and Working Conditions Code, 2020. Section 6 places general safety duties on employers, including the duty to keep the workplace free from hazards likely to cause injury or occupational disease, maintain a working environment that is safe and without risk to health, and comply with occupational safety and health standards.
Section 18 authorises occupational safety and health standards for factories and other workplaces. Those standards may address hazard appraisal, monitoring, medical examinations, safety audits and other safety and health measures appropriate to the conditions of a factory or workplace.
Section 143 contains the repeal and savings framework. It repeals the Factories Act, 1948 and also preserves, to the extent stated in that section, actions and instruments made under the repealed enactments until displaced in accordance with the Code.
Official legal resources
For authoritative reference, see the Factories Act, 1948 PDF published by the Ministry of Labour and Employment and the Ministry of Labour and Employment page for the Occupational Safety, Health and Working Conditions Code, 2020.
Key takeaway
Historically, Section 39 gave the Inspector an evidence-gathering and testing power aimed at identifying unsafe factory structures, access ways, machinery and plant before harm occurred. For present compliance after 21 November 2025, the applicable OSH Code, rules, standards, orders and relevant State requirements should be checked rather than relying on Section 39 as an operative provision.