Section 95 of the Factories Act 1948: Penalty for Obstructing Inspector
Section 95 of the Factories Act, 1948 historically punished wilful obstruction of a factory Inspector, failure to produce required registers or documents, and interference with a worker appearing before or being examined by an Inspector. The legal framework has since changed: the Factories Act, 1948 was repealed when the Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025.
What did Section 95 of the Factories Act, 1948 provide?
Section 95 - Penalty for obstructing Inspector: The provision applied where a person wilfully obstructed an Inspector exercising powers under the Act, failed to produce on demand registers or other documents kept under the Act or its rules, or concealed or prevented a factory worker from appearing before or being examined by an Inspector.
The punishment under the former Section 95 could extend to six months' imprisonment, or a fine up to Rs. 10,000, or both. These limits reflected amendments made by the Factories (Amendment) Act, 1987 with effect from 1 December 1987.
Essential elements of the former offence
In practical terms, the former Section 95 addressed three broad forms of interference with statutory inspection:
- Wilful obstruction: deliberately preventing or hindering an Inspector from exercising a power conferred by or under the Factories Act.
- Failure to produce records: not producing, when demanded by an Inspector, registers or other documents kept under the Act or the applicable rules.
- Interference with examination of workers: concealing a worker or preventing a worker from appearing before, or being examined by, an Inspector.
The word "wilfully" in the obstruction limb indicates deliberate conduct. Whether particular conduct amounts to an offence depends on the facts, the authority exercised by the inspecting officer, and the applicable law at the relevant time.
Current law from 21 November 2025
The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025. Section 143 of that Code provides for repeal and savings and includes the Factories Act, 1948 among the repealed enactments.
Section 95 of the current Code is titled "Punishment for causing obstruction to Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, etc." It applies to specified wilful obstruction and related non-compliance under the Code.
Conduct covered by Section 95 of the OSHWC Code
Broadly, Section 95(1) covers a person who wilfully:
- prevents or obstructs a Chief Inspector-cum-Facilitator, Inspector-cum-Facilitator, appropriate Government officer, or another authorised person from discharging a duty or exercising a power under the Code;
- refuses lawful entry to specified inspecting or authorised persons at a place they are entitled to enter;
- fails or refuses to produce a document that the person is required to produce; or
- fails to comply with a requisition or order issued under the Code or the rules, regulations or bye-laws made under it.
Punishment under the current Section 95
| Provision | Imprisonment | Fine |
|---|---|---|
| Section 95(1), OSHWC Code - first offence | Up to 3 months | Up to Rs. 1,00,000, or both imprisonment and fine |
| Section 95(2), OSHWC Code - subsequent conviction under the same provision | Up to 6 months | Not less than Rs. 1,00,000 and up to Rs. 2,00,000, or both |
Old Section 95 and current Section 95 compared
| Point | Factories Act, 1948 | OSHWC Code, 2020 |
|---|---|---|
| Status | Repealed, subject to savings | In force from 21 November 2025 |
| Inspecting authority | Inspector | Chief Inspector-cum-Facilitator, Inspector-cum-Facilitator and specified authorised authorities/persons |
| Maximum imprisonment for first offence | 6 months | 3 months |
| Maximum fine for first offence | Rs. 10,000 | Rs. 1,00,000 |
| Specific repeat-conviction punishment within Section 95 | No separate sub-section in Section 95 | Yes, Section 95(2) |
Meaning of Inspector-cum-Facilitator
Under the OSHWC Code, the appropriate Government may appoint Inspector-cum-Facilitators. Their role combines inspection and statutory facilitation functions. The Code provides for inspection schemes and gives inspecting authorities powers and duties in relation to establishments covered by the Code.
Repeal and savings
Repeal of the Factories Act does not mean that every earlier act, proceeding, liability or legal consequence automatically disappears. Section 143 of the OSHWC Code contains repeal-and-savings provisions. Historical disputes, offences, proceedings and accrued rights should therefore be examined with reference to the date of the relevant conduct and the applicable saving provisions.
Legal information note: This page explains the central statutory position for general information. State rules, notifications, saving provisions and case-specific facts may affect the legal position in a particular matter.