Home > Factories Act 1948 > Section 92

Section 92 of the Factories Act 1948: General Penalty for Offences

Section 92 was the general penalty provision of the Factories Act, 1948. It made the occupier and manager of a factory liable for contraventions where the Act did not provide a different punishment. From 21 November 2025, however, the Factories Act has been repealed by the Occupational Safety, Health and Working Conditions Code, 2020, subject to the Code's saving provisions.

Updated: 26 September 2026

Current legal status: Section 92 is no longer the operative central general-penalty provision for new contraventions after the OSHWC Code came into force on 21 November 2025. Section 143 of the OSHWC Code repeals the Factories Act, 1948, subject to savings. This page retains Section 92 for historical reference, older proceedings and legal research.

What did Section 92 provide?

Under the former Factories Act, Section 92 operated as a residual or general penalty. Unless another provision of the Act expressly prescribed a different consequence, a contravention of the Act, rules made under it, or a written order issued under it could result in liability of both the factory's occupier and manager, subject to Section 93.

Former Section 92: General penalty for offences

Save as otherwise expressly provided in the Act and subject to Section 93, where there was a contravention in or in respect of a factory of the Act, rules made under it, or a written order issued under it, the occupier and manager were each guilty of an offence.

The punishment could extend to imprisonment for two years, a fine up to Rs. 1 lakh, or both. If the contravention continued after conviction, a further fine up to Rs. 1,000 could be imposed for each day during which the contravention continued.

Minimum fine where an accident caused death or serious bodily injury

The proviso to former Section 92 prescribed minimum fines where a contravention of Chapter IV of the Factories Act, a rule made under that Chapter, or Section 87 resulted in an accident causing death or serious bodily injury.

Result of accident	Minimum fine under former Section 92
Death	Rs. 25,000
Serious bodily injury	Rs. 5,000

Meaning of serious bodily injury under former Section 92

For former Sections 92 and 94, "serious bodily injury" broadly covered an injury involving, or likely to involve, permanent loss of use of a limb, permanent injury to a limb, permanent loss of or injury to sight or hearing, or fracture of a bone. The statutory explanation excluded a limited fracture of a bone or joint of a finger or toe where the stated conditions for that exclusion were met.

Current law: Section 94 of the OSHWC Code 2020

Current general penalty: Section 94 of the Occupational Safety, Health and Working Conditions Code, 2020 is the present general-penalty provision. Unless the Code expressly provides otherwise, a contravention by an establishment of the Code, regulations, rules, bye-laws, standards, or a written order can make the employer or principal employer, as applicable, liable to a penalty of not less than Rs. 2 lakh and up to Rs. 3 lakh. A continuing contravention after conviction can attract a further penalty up to Rs. 2,000 for each day it continues.

The terminology and enforcement structure are therefore different from former Section 92. The OSHWC Code uses the expressions "employer" and "principal employer" in Section 94 rather than reproducing the former Factories Act formula that separately referred to the "occupier" and "manager" for the general offence.

Repeal of the Factories Act and savings

Section 143 of the OSHWC Code repeals the Factories Act, 1948 and twelve other central labour enactments from the date on which the Code was brought into force. The Central Government appointed 21 November 2025 as the commencement date for the OSHWC Code by S.O. 5321(E), dated 21 November 2025.

The repeal does not mean that every earlier act, liability, proceeding or legal consequence simply disappears. Section 143 contains savings and must be read with the General Clauses Act, 1897 where applicable. Older prosecutions, liabilities and proceedings therefore require examination according to their dates, the saving provisions and the facts of the particular matter.

Maharashtra amendment: former Section 92A

The earlier page also recorded the Maharashtra state amendment inserting Section 92A into the Factories Act. That provision permitted specified offences in the Fourth Schedule to be compounded before institution of prosecution by the prescribed officer, for the prescribed amount, subject to the statutory limits. It was inserted by the Maharashtra Factories (Amendment) Act, 2015.

Because the central Factories Act has now been repealed by the OSHWC Code, users dealing with a present Maharashtra compliance issue should check the current OSHWC framework, applicable state rules, notifications and transitional provisions rather than relying only on former Section 92A.

Former Section 92 at a glance

Law	Factories Act, 1948
Provision	Section 92 - General penalty for offences
Persons expressly liable	Occupier and manager of the factory
Maximum imprisonment	Two years
Maximum fine	Rs. 1 lakh
Continuing contravention after conviction	Further fine up to Rs. 1,000 for each day
Present status	Historical provision; Factories Act repealed from 21 November 2025 subject to savings
Current corresponding general provision	Section 94, Occupational Safety, Health and Working Conditions Code, 2020

Official legal resources

Practical note

For an incident or contravention occurring before 21 November 2025, former Factories Act provisions may remain relevant because of repeal-and-savings principles. For a present compliance question, begin with the OSHWC Code, the applicable rules and notifications, and any state-specific provisions. The precise provision depends on the nature and date of the alleged contravention.