Section 56 of the Factories Act 1948: Spread Over and Current OSH Code Position
Section 56 regulated the total span of an adult worker's working day in a factory, including rest intervals. It is important today mainly for historical periods, saved rights and proceedings, because the Factories Act, 1948 has been replaced by the Occupational Safety, Health and Working Conditions Code, 2020.
What did Section 56 of the Factories Act mean?
The expression spread over refers to the total elapsed period between the beginning and the end of a worker's scheduled working day, including the intervals for rest. It is different from the number of hours actually worked.
Under the former Section 56, the periods of work of an adult worker had to be arranged so that, after including the rest intervals required by Section 55, the total spread-over did not ordinarily exceed ten and a half hours in a day. The Chief Inspector could, for reasons recorded in writing, increase that spread-over up to twelve hours.
Text and effect of former Section 56
Section 56 - Spread over: The provision required the daily periods of work of an adult factory worker, inclusive of rest intervals under Section 55, to remain within the prescribed spread-over limit. The proviso empowered the Chief Inspector, for written reasons, to permit an increase up to twelve hours.
The wording relating to extension up to twelve hours was substituted by the Factories (Amendment) Act, 1976 with effect from 26 October 1976.
Related provision: Section 55 on rest intervals
Section 55 of the former Factories Act dealt with intervals for rest. As a general rule, an adult worker could not be required or allowed to work for more than five hours before receiving an interval for rest of at least half an hour, subject to the statutory power to alter that arrangement in specified circumstances. Section 56 counted those rest intervals when calculating the total spread-over of the working day.
Current law: Section 25 of the OSH Code 2020
Section 25 of the Occupational Safety, Health and Working Conditions Code, 2020 provides the present central statutory framework for daily working hours. It states that a worker shall not be required or allowed to work for more than eight hours in a day. The daily period of work is to be fixed so as not to exceed the hours, intervals and spread-over notified by the appropriate Government.
This means that the former nationwide figure in Section 56 should not be presented as the current general spread-over limit. Current compliance depends on Section 25, the applicable OSH rules and the relevant notification made by the appropriate Government for the establishment or class of establishment concerned.
Factories Act Section 56 compared with the current framework
| Point | Former Factories Act rule | Current OSH Code framework |
|---|---|---|
| Primary provision | Section 56 of the Factories Act, 1948 | Section 25 of the OSH Code, 2020 |
| Daily spread-over | Ordinarily 10.5 hours including rest intervals | Hours, intervals and spread-over are governed by the Code and notification of the appropriate Government |
| Historical relaxation | Chief Inspector could extend spread-over up to 12 hours for written reasons | Current powers and limits must be checked under the Code, applicable rules and notifications |
| Status | Repealed from 21 November 2025, subject to savings | In force from 21 November 2025 |
Practical example of spread-over
If a worker starts at 8:00 a.m. and finishes at 6:00 p.m., with breaks during the day, the spread-over is generally the full ten-hour span from start to finish. The breaks reduce actual working time, but they do not disappear when calculating the total span of the workday where the governing provision requires rest intervals to be included.
Why Section 56 can still matter
- It may remain relevant when examining employment periods before 21 November 2025.
- Repeal does not automatically erase matters preserved by the saving provisions in Section 143 of the OSH Code.
- Older factory records, disputes, inspections, prosecutions or proceedings may require reference to the law that applied when the relevant event occurred.
- For present-day scheduling and compliance, employers and workers should check the OSH Code together with the rules and notifications applicable to the establishment and the appropriate Government.
Official legal sources
For the authoritative statutory text, see the Factories Act, 1948 on India Code, the Occupational Safety, Health and Working Conditions Code, 2020 on India Code, the Ministry of Labour and Employment commencement notification S.O. 5321(E), and the Occupational Safety, Health and Working Conditions (Central) Rules, 2026.
Note: Labour compliance may vary according to the appropriate Government, establishment and applicable notification. This page explains the central statutory framework and should be read with current State or Central rules and notifications, as applicable.