Section 44 of the Factories Act 1948 - Facilities for Sitting

Section 44 of the Factories Act, 1948 dealt with suitable seating arrangements for workers who were ordinarily required to work in a standing position. The subject is now addressed under the Occupational Safety, Health and Working Conditions Code, 2020.

Current legal position: The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025. The Factories Act, 1948 is among the enactments repealed by Section 143 of the Code, subject to the statutory saving provisions. For current compliance, Section 24 of the 2020 Code and the applicable rules should therefore be consulted.

What Section 44 of the Factories Act 1948 provided

Historically, Section 44 formed part of Chapter V of the Factories Act dealing with welfare. Its purpose was to ensure that workers required to remain standing during work had suitable opportunities to sit and rest and, where work could efficiently be performed while sitting, to enable the competent factory inspector to require appropriate seating.

Section 44(1) - Seating for workers who work standing

Every factory was required to provide and maintain suitable arrangements for sitting for workers obliged to work in a standing position so that they could use opportunities for rest arising during their work.

Section 44(2) - Direction to provide seating

If the Chief Inspector considered that workers engaged in a particular manufacturing process or working in a particular room could perform their work efficiently while sitting, the Chief Inspector could issue a written order requiring the occupier to provide practicable seating arrangements by a specified date.

Section 44(3) - Power of exemption

The State Government could, by notification in the Official Gazette, exempt a specified factory, class or description of factories, or a specified manufacturing process, from the requirement in sub-section (1).

Current provision: 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. Section 24(1)(iv) specifically includes sitting arrangements for all employees who are obliged to work in a standing position. The employer is responsible for providing and maintaining the prescribed welfare facilities.

Meaning and practical effect

The legal requirement is aimed at workplace welfare and reducing unnecessary continuous standing. Where the nature of the job requires an employee to stand, appropriate seating should be available in accordance with the current Code and applicable rules. Employers should also check any rules, standards, exemptions or directions applicable to the establishment and the appropriate government.

Historical-reference noteThis page retains the substance of Section 44 because it remains relevant to older periods, proceedings and legal research. For obligations arising after commencement of the OSHWC Code, the current Code and applicable rules should be checked.

Official legal resources

Related provisions

For the surrounding welfare provisions under the former Factories Act, see the linked sections in the related-pages panel. These pages are useful for historical reference and should be read with the current occupational safety and working conditions framework where applicable.