Section 40A of the Factories Act 1948 - Maintenance of Buildings
Section 40A dealt with the maintenance of factory buildings and empowered the factory Inspector to require repairs where disrepair was likely to create conditions detrimental to workers' health and welfare.
Text of former Section 40A - Maintenance of buildings
If it appears to the Inspector that any building or part of a building in a factory is in such a state of disrepair as is likely to lead to conditions detrimental to the health and welfare of the workers, 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 taken and requiring the same to be carried out before such date as is specified in the order.
Legislative note: Section 40A was inserted by section 19 of the Factories (Amendment) Act, 1976 and took effect on 26 October 1976.
Meaning and scope of Section 40A
The provision addressed deterioration of a factory building where the condition of the building could adversely affect workers' health or welfare. It was preventive in character: the Inspector did not have to wait for an accident before requiring remedial work when the statutory condition was satisfied.
- Condition of the building: The building or a part of it had to be in a state of disrepair.
- Effect on workers: The disrepair had to be likely to lead to conditions detrimental to workers' health and welfare.
- Written order: The Inspector could serve a written order on the occupier, manager, or both.
- Specified measures: The order could state the measures considered necessary to remedy the condition.
- Time for compliance: The order could require those measures to be completed before the date specified in it.
Difference from former Section 40
Former Section 40 of the Factories Act dealt with the safety of buildings and machinery where their condition was dangerous to human life or safety, including power to prohibit use in cases of imminent danger. Former Section 40A focused specifically on building disrepair likely to produce conditions detrimental to the health and welfare of workers.
Current law under the OSHWC Code, 2020
The current framework is broader than former Section 40A. Section 6 of the Occupational Safety, Health and Working Conditions Code, 2020 places duties on employers to keep workplaces free from hazards, comply with occupational safety and health standards, and provide and maintain, so far as reasonably practicable, a working environment that is safe and without risk to employees' health.
For factories and other specified workplaces, section 6 also includes maintenance of places of work in a condition that is safe and without risk to health, together with safe means of access and egress. Section 18 provides for occupational safety and health standards. The Second Schedule expressly includes matters concerning safety of buildings and machinery and maintenance of buildings among the subjects for occupational safety and health standards.
Section 23 further makes the employer responsible for maintaining prescribed health, safety and working conditions in the establishment. Accordingly, users dealing with a present-day compliance issue should consult the Code together with the applicable Central or State rules, standards, notifications, orders and any provisions preserved by the repeal-and-savings clause.
Why maintenance of factory buildings matters
Building maintenance is part of workplace safety because structural deterioration, unsafe access, damaged surfaces, inadequate upkeep and related defects may expose workers to health or safety risks. The statutory framework places responsibility on the employer to maintain a safe working environment and permits regulatory requirements to address workplace hazards and building safety.