Factories Act 1948 / Section 93

Section 93 of Factories Act 1948: Liability of Owner of Premises in Certain Circumstances

Section 93 dealt with responsibility where buildings, floors, flats, rooms, or portions of premises were leased to different occupiers for use as separate factories. It allocated responsibility for common facilities, access, sanitation, fire precautions, lifts, machinery, and other shared matters.

Current legal position: The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025. The Factories Act, 1948 is one of the enactments repealed and saved under Section 143 of the Code. The current provision corresponding to liability for common factory premises is Section 80 of the OSHWC Code, 2020. This page therefore preserves Section 93 as a legacy reference for earlier periods and matters protected by applicable repeal and savings provisions.

Current law: Section 80 of the OSHWC Code, 2020

Section 80 of the Occupational Safety, Health and Working Conditions Code, 2020 now addresses liability where premises or separate buildings are leased to different occupiers for use as separate factories. It places joint and several responsibility on the owner of the premises and the occupiers using common facilities for the provision and maintenance of prescribed common facilities and services.

Common facilities identified by Section 80 include:
  • safety and fire prevention and protection;
  • access;
  • hygiene and occupational health;
  • ventilation and temperature;
  • emergency preparedness and response;
  • canteens, shelters, rest rooms, and creches; and
  • other common facilities and services as may be prescribed by the appropriate Government.
Official commencement notification S.O. 5321(E) Factories Act 1948 on India Code OSHWC Code 2020 - Ministry of Labour

What Section 93 of the Factories Act covered

The legacy provision distinguished between different leasing arrangements. Where separate buildings were leased as separate factories, the owner was responsible for specified common facilities. Where independent floors, flats, rooms, or portions of a room or shed were leased to different occupiers, Section 93 allocated additional statutory responsibilities between the owner and individual occupiers.

Meaning in practical terms: Section 93 prevented responsibility for shared factory infrastructure from falling into a gap merely because several factories operated within one larger property. The precise responsibility depended on the physical arrangement of the premises and on whether the relevant facility, machinery, or service was under the owner's or occupier's control.

Full text of Section 93 of the Factories Act, 1948

93. Liability of owner of premises in certain circumstances

(1) Where in any premises separate buildings are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services, such as approach roads, drainage, water supply, lighting and sanitation.

(2) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out of the provisions of sub-section (1).

(3) Where in any premises, independent or self-contained floors or flats are leased to different occupiers for use as separate factories, the owner of the premises shall be liable as if he were the occupier or manager of a factory, for any contravention of the provisions of this Act in respect of:

  1. latrines, urinals and washing facilities in so far as the maintenance of the common supply of water for these purposes is concerned;
  2. fencing of machinery and plant belonging to the owner and not specifically entrusted to the custody or use of an occupier;
  3. safe means of access to the floors or flats and maintenance and cleanliness of staircases and common passages;
  4. precautions in case of fire;
  5. maintenance of hoists and lifts; and
  6. maintenance of any other common facilities provided in the premises.

(4) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out of the provisions of sub-section (3).

(5) The provisions of sub-section (3) relating to the liability of the owner shall apply where in any premises independent rooms with common latrines, urinals and washing facilities are leased to different occupiers for use as separate factories:

Provided that the owner shall be responsible also for complying with the requirements relating to the provision and maintenance of latrines, urinals and washing facilities.

(6) The Chief Inspector shall have, subject to the control of the State Government, the power to issue orders to the owner of the premises referred to in sub-section (5) in respect of the carrying out of the provisions of section 46 or section 48.

(7) Where in any premises portions of a room or a shed are leased to different occupiers for use as separate factories, the owner of the premises shall be liable for any contravention of the provisions of:

  1. Chapter III, except sections 14 and 15;
  2. Chapter IV, except sections 22, 23, 27, 34, 35 and 36:

    Provided that in respect of the provisions of sections 21, 24 and 32 the owner's liability shall be only in so far as such provisions relate to things under his control:

    Provided further that the occupier shall be responsible for complying with the provisions of Chapter IV in respect of plant and machinery belonging to or supplied by him;

  3. section 42.

(8) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out of the provisions of sub-section (7).

(9) In respect of sub-sections (5) and (7), while computing for the purposes of any of the provisions of this Act the total number of workers employed, the whole of the premises shall be deemed to be a single factory.

Legislative note: Section 93 was substituted by Act 25 of 1954, section 21, with effect from 7 May 1954.

How the current provision differs from legacy Section 93

Legacy Section 93 contained a detailed allocation of responsibility according to whether separate buildings, floors, flats, rooms, or portions of a room or shed were leased to different factory occupiers. Current Section 80 uses a shorter framework. For common facilities used by factories in leased premises or separate buildings, it expressly makes the owner and the occupiers using those facilities jointly and severally responsible, subject to the facilities and services prescribed by the appropriate Government.

Why the repeal and savings clause matters

Section 143 of the OSHWC Code, 2020 contains the repeal and savings framework for the enactments consolidated into the Code, including the Factories Act, 1948. Therefore, the legal effect of the former Act may still need to be considered for earlier events, liabilities, proceedings, rules, notifications, orders, or other matters preserved by the savings provisions and the General Clauses Act, 1897. For current compliance, the OSHWC Code and the applicable Central or State rules and notifications should be checked.

Related provisions

For the surrounding legacy penalty provisions, see Section 92 - General penalty for offences and Section 94 - Enhanced penalty after previous conviction.

Updated: 26 September 2026. This article is intended as a legal reference and should be read with the current Code, applicable rules, notifications, and State-specific requirements.