Section 42 of the Factories Act 1948: Washing Facilities and Current OSHWC Law

Section 42 of the Factories Act, 1948 historically required factories to provide adequate, suitable, separate and clean washing facilities for workers. The Factories Act has since been repealed following commencement of the Occupational Safety, Health and Working Conditions Code, 2020. This page preserves the former Section 42 for reference and explains the current central law on washing facilities.

Current legal position: The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025. Section 143 of that Code repealed the Factories Act, 1948, subject to its savings provisions. For current central requirements on washing facilities, read Section 24 of the OSHWC Code with Rule 49 of the Occupational Safety, Health and Working Conditions (Central) Rules, 2026. State rules and notifications should also be checked where the State Government is the appropriate Government.

Former Section 42 of the Factories Act 1948

Washing facilities

(1) In every factory:

(a) adequate and suitable facilities for washing shall be provided and maintained for the use of the workers therein;

(b) separate and adequately screened facilities shall be provided for the use of male and female workers;

(c) such facilities shall be conveniently accessible and shall be kept clean.

(2) The State Government may, in respect of any factory or class or description of factories or of any manufacturing process, prescribe standards of adequate and suitable facilities for washing.

Meaning and purpose of former Section 42

The former provision treated washing arrangements as a statutory welfare requirement in factories. It imposed a direct obligation to provide facilities that were adequate and suitable, required separate and screened arrangements for male and female workers, and required those facilities to be accessible and clean. It also authorised State Governments to prescribe detailed standards for particular factories, classes of factories or manufacturing processes.

Current law: Section 24 of the OSHWC Code 2020

Section 24 of the Occupational Safety, Health and Working Conditions Code, 2020 deals with welfare facilities in establishments. Among the facilities covered by Section 24(1) are adequate and suitable washing facilities for male and female employees separately. The section forms the statutory basis for more detailed requirements prescribed in the applicable rules.

Rule 49 of the OSHWC Central Rules 2026

For establishments governed by the Central Rules, Rule 49 sets out detailed requirements for washing facilities. The rule applies to every factory, mine, building or other construction work, motor transport undertaking, dock work and plantation within its scope.

Key requirements under Rule 49 include:
  • suitable and sufficient washing facilities at easily accessible places;
  • regular and adequate water supply, including soap and towels;
  • separate facilities for male, female, transgender and persons with disabilities employees;
  • separation from workplaces, subject to the rule applicable to plantations;
  • proper ventilation and drainage;
  • maintenance in a sanitary and hygienic condition;
  • privacy through suitable doors and fastenings capable of being secured from inside;
  • appropriate identification or signage in the prescribed languages; and
  • prohibition on the use of common towels.

Rule 49 also contains additional requirements for building or other construction work where employees may be exposed to skin contamination by poisonous, infectious or irritating substances, oil, grease or dust. In such situations, appropriate washing facilities or shower-baths with hot and cold water are required, and the washing facilities are not to be used for another purpose.

Why the change matters

The basic objective of workplace hygiene continues under the new framework, but the present central rules are more detailed than former Section 42. They expressly address water, soap, towels, ventilation, drainage, hygiene, privacy, signage and separate facilities for additional categories of employees. Employers should therefore avoid relying only on the wording of the repealed Factories Act provision when assessing current compliance.

Repeal and savings

Section 143 of the OSHWC Code repeals the Factories Act, 1948 from commencement of the Code. Its savings clauses preserve specified actions, rules, regulations, notifications, appointments, orders and directions under repealed enactments to the extent provided by Section 143 and subject to consistency with the Code. Questions concerning past periods, accrued rights, liabilities or proceedings may therefore require consideration of the former Act together with the repeal and savings provisions.

Official legal sources

For authoritative verification, see the Occupational Safety, Health and Working Conditions Code, 2020 on India Code, the Ministry of Labour and Employment commencement notification dated 21 November 2025, and the Occupational Safety, Health and Working Conditions (Central) Rules, 2026.

Last reviewed: 26 September 2026. This page is intended as a legal information resource. Applicability can depend on the appropriate Government, establishment type, State rules, notifications and the facts of the case.