Section 55 of the Factories Act 1948 - Intervals for Rest
Section 55 historically regulated rest intervals for adult workers in factories. It required the daily periods of work to be arranged so that an adult worker ordinarily did not work for more than five hours without a rest interval of at least half an hour.
What Section 55 provided
Section 55 formed part of Chapter VI of the Factories Act 1948, which dealt with the working hours of adults. The provision focused on the maximum continuous spell of work before a rest break and permitted a limited exemption by written order.
Section 55 - Intervals for rest
(1) The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.
(2) The State Government or, subject to the control of the State Government, the Chief Inspector may, by written order and for the reasons specified therein, exempt any factory from sub-section (1), provided that the total number of hours worked by a worker without an interval does not exceed six.
Meaning and practical effect of the provision
- Adult worker: The provision applied to adult workers covered by the Factories Act framework.
- Five-hour limit: The ordinary rule was that a continuous period of work could not exceed five hours.
- Minimum rest: After that work period, the worker had to receive a rest interval of at least half an hour.
- Limited exemption: A written exemption could extend uninterrupted work, but not beyond six hours.
- Reasoned order: The exemption power required a written order stating the reasons for the exemption.
Current law after repeal of the Factories Act 1948
The Occupational Safety, Health and Working Conditions Code 2020 consolidates central legislation concerning occupational safety, health and working conditions. Section 25 of the Code deals with weekly and daily working hours and provides for periods of work and intervals as notified by the appropriate Government. Section 143 repeals the Factories Act 1948, subject to the savings contained in that section.
Because working-hour requirements under the Code operate together with applicable rules and notifications, employers and workers should verify the current Central or State provisions relevant to the establishment rather than relying on the former Section 55 alone.
Legislative history of Section 55
Section 55 was renumbered as sub-section (1) by the Factories (Amendment) Act 1954. The wording referring to "periods of work" reflected an earlier substitution made by Act 40 of 1949. Sub-section (2), containing the exemption power, was added by the 1954 amendment.
Official legal resources
Factories Act 1948 - India Code PDF
Occupational Safety, Health and Working Conditions Code 2020 - India Code
Official resources are provided for verification. State-specific rules, notifications and saved rights or proceedings may also require examination in an individual case.