Section 89 of the Factories Act 1948: Notice of Certain Diseases
Section 89 historically required reporting of specified occupational diseases contracted by factory workers. From 21 November 2025, the Factories Act 1948 stands repealed under the Occupational Safety, Health and Working Conditions Code, 2020. The corresponding current provision is Section 12 of the OSHWC Code.
What did Section 89 of the Factories Act require?
Section 89 dealt with occupational diseases listed in the Third Schedule to the Factories Act. It imposed reporting duties on the factory manager and on a medical practitioner who attended a person who was, or was believed to be, suffering from a listed disease.
Historical text and meaning of Section 89
Section 89(1) - Duty of factory manager
Where a worker in a factory contracted a disease specified in the Third Schedule, the manager of the factory was required to send notice to the prescribed authorities, in the prescribed form and within the prescribed time.
Section 89(2) - Duty of medical practitioner
A medical practitioner attending a person who was or had been employed in a factory, and who was or was believed to be suffering from a disease specified in the Third Schedule, was required to send a written report without delay to the office of the Chief Inspector.
The report was to state the patient's name and full postal address, the disease believed to be present, and the name and address of the factory where the patient was or was last employed.
Section 89(3) - Confirmation and medical practitioner's fee
Where the report was confirmed to the satisfaction of the Chief Inspector, by a certifying surgeon's certificate or otherwise, the prescribed fee was payable to the medical practitioner. The amount could be recovered as an arrear of land revenue from the occupier of the factory in which the disease was contracted.
Section 89(4) - Failure to report
A medical practitioner who failed to comply with the reporting duty under sub-section (2) was punishable with fine which could extend to one thousand rupees.
Section 89(5) - Power to alter the Third Schedule
The Central Government could, by notification in the Official Gazette, add to or alter the Third Schedule, with the change taking effect as if made by the Act.
The 1987 amendment substituted "the Third Schedule" for "the Schedule", increased the fine in sub-section (4) from fifty rupees to one thousand rupees, and inserted sub-section (5), with effect from 1 December 1987.
Current law: Section 12 of the OSHWC Code 2020
Section 12 of the Occupational Safety, Health and Working Conditions Code, 2020 is also titled "Notice of certain diseases". It applies where a worker in an establishment contracts a disease specified in the Third Schedule to the Code.
Employer's reporting duty
The employer must send notice to the authorities, in the form and within the time prescribed by the appropriate Government, when a worker contracts a disease specified in the Third Schedule.
Qualified medical practitioner's reporting duty
A qualified medical practitioner attending a person who is or has been employed in an establishment, and who is or is believed to be suffering from a Third Schedule disease, must without delay send a written report to the office of the Chief Inspector-cum-Facilitator in the prescribed form, manner and time.
Penalty for medical practitioner's failure
Failure by a qualified medical practitioner to comply with Section 12(2) may attract a penalty extending to ten thousand rupees.
Meaning of important terms
Notifiable disease: For this subject, it means a disease specified in the Third Schedule to the OSHWC Code 2020. The Schedule includes occupational diseases such as lead poisoning, mercury poisoning, anthrax, silicosis, asbestosis, noise-induced hearing loss and occupational cancer, among others.
Establishment: The OSHWC Code uses the wider expression "establishment" rather than limiting the reporting provision to a "factory". Applicability must therefore be considered with the definitions and coverage provisions of the Code.
Appropriate Government: The authority responsible under the Code depends on the nature and control of the establishment as set out in Section 2 of the OSHWC Code.
Repeal of the Factories Act and savings
Section 143 of the OSHWC Code repeals the Factories Act 1948. It also contains savings provisions. Actions taken, rules, regulations, notifications, appointments, orders and directions under the repealed enactments may continue to operate to the extent provided by Section 143 and so far as they are not contrary to the Code. Historical liabilities and proceedings should therefore be examined with the repeal and savings provisions rather than assuming that every earlier legal consequence disappeared on repeal.
Practical compliance point
Employers should identify whether a diagnosed condition appears in the Third Schedule, follow the reporting form, authority and time prescribed by the applicable Central or State framework, and preserve the relevant medical and employment records. Medical practitioners should separately comply with the statutory reporting duty imposed by Section 12(2).
Official legal sources
For current compliance, refer to the official text of the Occupational Safety, Health and Working Conditions Code, 2020, the Third Schedule, applicable rules and notifications, and the Ministry of Labour and Employment materials. The historical Factories Act text remains useful for matters arising during the period when that Act was in force.