Section 43 of Factories Act 1948: Facilities for Storing and Drying Clothing
Section 43 formed part of Chapter V on welfare under the Factories Act, 1948. It empowered State Governments to require suitable facilities in factories for workers to keep clothing not worn during working hours and to dry wet clothing.
What Section 43 Provided
Section 43 - Facilities for storing and drying clothing: The provision authorised the State Government, for a factory or a specified class or description of factories, to make rules requiring suitable places for keeping clothes that workers did not wear while working and for drying wet clothes.
Meaning and Purpose of Section 43
The provision was a worker-welfare measure. It did not itself prescribe a universal locker-room design, number of storage spaces, or drying-room dimensions. Instead, it conferred rule-making power on the State Government. The practical requirement therefore depended on the rules applicable to the factory concerned.
In practical terms, the provision addressed workplaces where workers might need to change clothing, protect personal garments from workplace contamination, or dry clothing made wet by the nature of the work or working conditions.
Who Had Power to Prescribe the Facilities?
Under Section 43, the relevant State Government could make rules for any factory, class of factories, or description of factories. Therefore, historical compliance under this provision must be read with the factory rules applicable in the relevant State or Union Territory and for the relevant period.
Present Law under the OSHWC Code 2020
The Occupational Safety, Health and Working Conditions Code, 2020 now provides the central statutory framework for occupational safety, health, working conditions, and welfare. Section 24 deals with welfare facilities and places responsibility on the employer to provide and maintain prescribed welfare facilities. The detailed obligation in a particular establishment must be read with the applicable rules and notifications.
The transition is important for legal research: a dispute or inspection concerning a period before 21 November 2025 may still require examination of the Factories Act, 1948 and the then-applicable State rules, while current compliance should begin with the OSHWC Code and the presently applicable subordinate legislation.
Official Legal Sources
For authoritative reference, see the Ministry of Labour and Employment copy of the Factories Act, 1948 and the Ministry of Labour and Employment OSHWC Code 2020 page. For current compliance, also verify the latest Gazette notifications and the rules applicable to the State and establishment concerned.
Key Takeaway
Section 43 of the Factories Act, 1948 historically enabled State Governments to require suitable clothing-storage and wet-clothing drying facilities in factories. Since the Factories Act has been repealed following implementation of the OSHWC Code, current obligations should not be determined from Section 43 alone.
Note: This page is an informational legal reference. State rules, saved provisions, transitional arrangements, and establishment-specific requirements may affect the applicable position.