Section 40 of the Factories Act 1948 - Safety of Buildings and Machinery
Section 40 historically empowered the factory Inspector to require corrective measures where a factory building, way, machinery or plant was dangerous to human life or safety, and to prohibit use where the danger was imminent.
Historical text of Section 40
40. Safety of buildings and machinery.
(1) 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 is dangerous to human life or safety, he may serve on the occupier or manager or both of the factory an order in writing specifying the measures which in his opinion should be adopted, and requiring them to be carried out before a specified date.
(2) If it appears to the Inspector that the use of any building or part of a building or any part of the ways, machinery or plant in a factory involves imminent danger to human life or safety, he may serve on the occupier or manager or both of the factory an order in writing prohibiting its use until it has been properly repaired or altered.
Amendment note: The words referring to the "occupier or manager or both" were substituted for the earlier reference to "the manager" by Act 94 of 1976 with effect from 26 October 1976.
Meaning and effect of the historical provision
Section 40 dealt with unsafe physical conditions in a factory. Its scope extended to a building or part of a building, factory ways, machinery and plant. The provision operated at two levels depending on the seriousness of the risk.
- Danger requiring corrective measures: under sub-section (1), the Inspector could issue a written order identifying the measures considered necessary and fix a date for compliance.
- Imminent danger: under sub-section (2), the Inspector could prohibit use of the unsafe building, way, machinery or plant until it had been properly repaired or altered.
- Persons addressed: the statutory order could be served on the occupier, the manager, or both.
- Safety objective: the provision was preventive and was directed at danger to human life or safety arising from the physical condition or use of factory infrastructure, machinery or plant.
Current law under the OSHWC Code 2020
The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025. Section 143 repealed the Factories Act, 1948, subject to the savings contained in that section.
Section 18 - Occupational safety and health standards: section 18 authorises the Central Government to declare occupational safety and health standards for workplaces. Section 18(2)(f) expressly includes the matters listed in the Second Schedule. Item 21 of that Schedule is "safety of buildings and machinery", preserving this subject within the new statutory safety framework.
Section 23 - Responsibility of employer for maintaining health, safety and working conditions: this section places responsibility on the employer to maintain prescribed health, safety and working conditions in the establishment. It forms part of the broader preventive safety framework that now applies under the Code.
The detailed compliance position may also depend on the Occupational Safety, Health and Working Conditions (Central) Rules, 2026, occupational safety standards and notifications, and rules or requirements applicable in the relevant State. For factories, the Code identifies the concerned State Government as the appropriate Government except where the Code provides otherwise.
Why Section 40 remains relevant
Although Section 40 itself is no longer the operative central statutory provision, it remains relevant when reading historical factory records, inspection orders, litigation, accidents, prosecutions or compliance events arising while the Factories Act, 1948 was in force. The repeal and savings provision in section 143 of the 2020 Code should be considered where rights, liabilities, proceedings or actions relate to the earlier law.
Related safety provisions under the former Factories Act
For historical research, Section 40 should be read with the neighbouring safety provisions dealing with factory premises and equipment, including Section 39 concerning specifications of defective parts or tests of stability.