Section 41D of the Factories Act 1948: Inquiry Committee for Hazardous-Process Factories
Section 41D empowered the Central Government to appoint an Inquiry Committee when an extraordinary situation occurred in a factory engaged in a hazardous process. The provision focused on investigating failures in health and safety standards and preventing recurrence.
What Section 41D provided
Section 41D(1): Where an extraordinary situation involved a factory engaged in a hazardous process, the Central Government could appoint an Inquiry Committee to examine the health and safety standards observed in the factory. The inquiry could identify causes of failure or neglect in adopting prescribed measures or standards protecting workers and the general public, and could consider measures to prevent recurrence.
Section 41D(2): The Inquiry Committee was to consist of a Chairman and two other members. The Central Government could determine the Committee's terms of reference and the tenure of its members according to the requirements of the situation.
Section 41D(3): The Committee's recommendations were advisory in nature.
Meaning and purpose of Section 41D
The provision formed part of Chapter IVA of the Factories Act, which dealt specifically with hazardous processes. It created a Central Government inquiry mechanism for exceptional safety events rather than an ordinary inspection procedure.
- Extraordinary situation: the power was intended for exceptional circumstances involving a factory carrying on a hazardous process.
- Health and safety inquiry: the Committee could examine whether prescribed worker and public safety measures or standards had been followed.
- Cause and prevention: the inquiry was directed not only at identifying failures or neglect but also at preventing similar situations in the same factory or elsewhere.
- Advisory recommendations: the Committee's conclusions did not, by Section 41D itself, operate as binding adjudicatory orders.
Current law: Section 86 of the OSHWC Code 2020
Section 86 of the Occupational Safety, Health and Working Conditions Code, 2020 now addresses substantially the same subject. In an extraordinary situation involving a factory engaged in a hazardous process, the Central Government may direct the National Occupational Safety and Health Advisory Board to inquire into the health and safety standards observed in the factory.
The present provision retains the core objectives of identifying failures or neglect affecting workers or the general public and preventing recurrence. It also expressly provides that the recommendations of the National Board are advisory in nature.
Legislative history
Chapter IVA, including Section 41D, was inserted into the Factories Act by the Factories (Amendment) Act, 1987 and took effect from 1 December 1987. The hazardous-process provisions strengthened the statutory framework dealing with industrial health and safety.
Official legal resources
For the current statutory text and commencement status, consult the official India Code materials. The Ministry of Labour and Employment also publishes labour-code materials and notifications.
This page explains the statutory provision for general legal information. For a particular incident, proceeding or compliance question, the applicable commencement provisions, rules, notifications and State-specific requirements should also be examined.