Section 50 of the Factories Act 1948: Power to Make Rules to Supplement the Welfare Chapter

Section 50 empowered the State Government to make supplementary rules concerning worker welfare under Chapter V of the Factories Act, 1948. The provision dealt with exemptions based on alternative welfare arrangements and worker participation in the management of welfare arrangements.

Current legal status: The Factories Act, 1948 has been repealed by section 143 of the Occupational Safety, Health and Working Conditions Code, 2020. The OSH Code came into force on 21 November 2025. Section 50 is therefore reproduced here for historical, research, legacy-compliance and saved-matters reference. Existing actions and subordinate measures may continue only to the extent preserved by the repeal and savings provisions.

Text of Section 50 of the Factories Act 1948

50. Power to make rules to supplement this Chapter. The State Government may make rules -

(a) exempting, subject to compliance with such alternative arrangements for the welfare of workers as may be prescribed, any factory or class or description of factories from compliance with any of the provisions of this Chapter;

(b) requiring in any factory or class or description of factories that representatives of the workers employed in the factory shall be associated with the management of the welfare arrangements of the workers.

Meaning and Scope of Section 50

Section 50 formed part of Chapter V of the Factories Act, 1948, which contained welfare provisions for factory workers. It was an enabling rule-making provision. Instead of creating a separate day-to-day welfare facility by itself, it authorised the State Government to make rules supplementing the welfare requirements contained in that Chapter.

Clause (a): Exemption subject to alternative welfare arrangements

Clause (a) permitted the State Government to frame rules exempting a factory, a class of factories or a description of factories from one or more requirements of Chapter V. Such an exemption was not an unrestricted waiver. It was linked to compliance with alternative arrangements for worker welfare as prescribed under the rules.

Clause (b): Worker participation in welfare management

Clause (b) authorised rules requiring representatives of workers employed in a factory to be associated with the management of welfare arrangements. The provision therefore allowed a State Government to create a framework for worker participation in the administration of factory welfare measures.

How Section 50 Related to Chapter V Welfare Provisions

The rule-making power under Section 50 supplemented the welfare provisions that appeared immediately before it. These included washing facilities, facilities for storing and drying clothing, sitting facilities, first-aid appliances, canteens, shelters and rest rooms, creches and welfare officers.

Current Law: OSH Code 2020

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 along with other central labour enactments listed in the provision.

The present central statutory framework for workplace welfare is principally found in Section 24 of the OSH Code. It places responsibility on the employer to provide and maintain prescribed welfare facilities and addresses matters including washing facilities, bathing and locker facilities, clothing storage and drying, sitting arrangements, canteens, first aid, rest rooms, welfare officers and creche facilities, subject to the terms and thresholds stated in the Code and applicable rules.

Repeal and savings: Section 143 of the OSH Code also contains savings provisions. Actions taken under repealed enactments, including rules, regulations, notifications, appointments, orders and directions, may continue under the corresponding provisions of the Code to the extent provided by Section 143 and so far as they are not contrary to the Code. For a current compliance issue, the OSH Code, applicable rules, notifications and State-specific measures should therefore be checked.

Why the Historical Section Still Matters

Section 50 may remain relevant when reading older judgments, notifications, State factory rules, inspection records, proceedings or disputes arising under the Factories Act period. Its operation in any present dispute depends on the OSH Code's repeal and savings provisions and the facts and dates of the matter.

Last reviewed: 26 September 2026. This page is an informational legal reference and should be read with the applicable current rules, notifications and State-specific requirements.