Section 41F of the Factories Act 1948 - Permissible Limits of Exposure of Chemical and Toxic Substances

Section 41F of the Factories Act, 1948 prescribed the legal framework for maximum permissible exposure to chemical and toxic substances in factory manufacturing processes. The provision is important historically, but the central statutory framework changed when the Occupational Safety, Health and Working Conditions Code, 2020 came into force.

Current legal status The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025 under S.O. 5321(E). The Factories Act, 1948 is one of the enactments repealed by section 143 of the Code, subject to the Code's savings provisions. For current factory chemical-exposure requirements, see section 88 of the OSH Code and the applicable rules or standards prescribed by the competent government.

Text of former Section 41F of the Factories Act, 1948

41F. Permissible limits of exposure of chemical and toxic substances.

(1) The maximum permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes, whether hazardous or otherwise, in any factory shall be of the value indicated in the Second Schedule.

(2) The Central Government may, at any time, for the purpose of giving effect to any scientific proof obtained from specialised institutions or experts in the field, by notification in the Official Gazette, make suitable changes in the said Schedule.

Meaning and scope of Section 41F

The former provision applied to exposure to chemical and toxic substances arising from manufacturing processes in a factory. Its wording expressly covered manufacturing processes whether hazardous or otherwise. The legal ceiling was therefore not confined only to factories carrying on a process separately classified as a hazardous process.

Under sub-section (1), the numerical exposure limits were linked to the Second Schedule to the Factories Act. That Schedule was headed "Permissible Levels of Certain Chemical Substances in Work Environment" and included limits expressed through measures such as time-weighted average concentration and short-term exposure limits for specified substances.

Sub-section (2) authorised the Central Government to revise the Second Schedule through an Official Gazette notification when scientific evidence from specialised institutions or experts justified a change. This enabled statutory exposure values to be updated without amending the section itself.

What replaced Section 41F?

Section 88 of the Occupational Safety, Health and Working Conditions Code, 2020 now deals specifically with permissible limits of exposure of chemicals and toxic substances in factories. It provides that the maximum permissible limits of exposure of chemical and toxic substances in a manufacturing process in any factory shall be of the value prescribed by the State Government.

Key change: Former Section 41F linked the exposure limits to the Second Schedule of the Factories Act and allowed Central Government amendment of that Schedule. Section 88 of the OSH Code places the prescription of the applicable maximum permissible values with the State Government. Users should therefore check the rules and notifications applicable in the relevant State or Union Territory.

Related OSH Code provisions

Section 87 of the OSH Code concerns emergency standards for hazardous processes where prescribed safety standards are absent or inadequate. Section 89 provides a mechanism for workers in a factory engaged in a hazardous process to raise an apprehension of imminent danger to life or health and requires the matter to be brought to the notice of the person in charge and the Inspector-cum-Facilitator.

Official legal resources

For authoritative reference, readers may consult the Factories Act, 1948 on India Code, the Occupational Safety, Health and Working Conditions Code, 2020, the commencement notification S.O. 5321(E) dated 21 November 2025, and the Occupational Safety, Health and Working Conditions (Central) Rules, 2026.

Practical compliance point

A factory dealing with chemicals or toxic substances should not rely on the historical Second Schedule alone for present compliance. The applicable State rules, standards and notifications under the OSH Code should be checked for the factory's location, together with any other applicable environmental, hazardous-chemical, occupational-health or sector-specific requirements.

Legislative history

Section 41F formed part of the special provisions relating to hazardous processes introduced into the Factories Act by the Factories (Amendment) Act, 1987. The Second Schedule setting out permissible levels of specified chemical substances was subsequently substituted by notification S.O. 170(E) dated 2 March 1989.

Updated: 26 September 2026. This page preserves the former Section 41F text for legal reference and explains the current central statutory position under the OSH Code, 2020.