Section 96A of the Factories Act 1948: Penalty for Contravention of Sections 41B, 41C and 41H
Section 96A of the Factories Act, 1948 prescribed a specific criminal penalty for failure to comply with, or contravention of, Sections 41B, 41C and 41H or rules made under those provisions. These sections formed part of Chapter IVA, which dealt with factories involving hazardous processes.
Text and Effect of Former Section 96A
Sub-section (1): A person who failed to comply with or contravened Section 41B, Section 41C or Section 41H, or rules made under those provisions, could be punished with imprisonment for a term extending to seven years and a fine extending to Rs. 2 lakh.
Where the failure or contravention continued after the first conviction, an additional fine extending to Rs. 5,000 could be imposed for every day during which the contravention continued.
Sub-section (2): If the failure or contravention continued for more than one year after the date of conviction, imprisonment could extend to ten years.
Section 96A was inserted by Section 34 of the Factories (Amendment) Act, 1987 with effect from 1 December 1987.
What Were Sections 41B, 41C and 41H?
Section 41B - Compulsory Disclosure of Information by the Occupier
Section 41B imposed disclosure-related duties on the occupier of a factory involving a hazardous process. Broadly, it required disclosure of prescribed information concerning dangers, health hazards and measures for overcoming such hazards to workers, the Chief Inspector, local authorities and the general public in the vicinity, together with prescribed safety policies and emergency-related information.
Section 41C - Specific Responsibility of the Occupier in Relation to Hazardous Processes
Section 41C imposed specific health and safety responsibilities in factories involving hazardous processes. These included maintaining accurate health and medical records of exposed workers, appointing suitably qualified and experienced persons to supervise hazardous substances, and arranging prescribed medical examinations of workers exposed to hazardous processes.
Section 41H - Right of Workers to Warn About Imminent Danger
Section 41H recognised the right of workers in a factory engaged in a hazardous process to report a reasonable apprehension of imminent danger to life or health. The warning could be brought to the occupier, agent, manager or other person in charge, directly or through representatives in the Safety Committee, while also informing the Inspector. The provision required immediate remedial action where the person in charge was satisfied that such danger existed.
Penalty Structure Under Former Section 96A
| Contravention | Former penalty |
|---|---|
| Breach of Section 41B, 41C or 41H, or rules made under them | Imprisonment up to 7 years and fine up to Rs. 2 lakh |
| Continuing contravention after first conviction | Additional fine up to Rs. 5,000 for every day of continuation |
| Contravention continuing beyond one year after conviction | Imprisonment up to 10 years |
Current Law From 21 November 2025
The Occupational Safety, Health and Working Conditions Code, 2020 was brought into force on 21 November 2025. Section 143 of the Code repeals the Factories Act, 1948, subject to statutory savings. The Occupational Safety, Health and Working Conditions (Central) Rules, 2026 were notified on 8 May 2026 for matters within the Central Government's rule-making sphere.
For hazardous-process contraventions, Section 102 of the OSHWC Code now contains a specific punishment provision. It covers specified duties under Sections 6 and 13 insofar as they relate to hazardous processes, and Section 80. The punishment may extend to imprisonment for two years and a fine up to Rs. 5 lakh, with an additional fine up to Rs. 25,000 for each day a contravention continues after conviction. If the contravention continues beyond one year after conviction, the punishment may extend to imprisonment for three years or a fine of Rs. 20 lakh, or both.
Section 103 separately addresses contravention of safety duties resulting in an accident or dangerous occurrence causing death or serious bodily injury. The applicable provision depends on the facts, the duty breached and the legal regime governing the relevant period.
Repeal Does Not Automatically Erase Earlier Matters
The repeal of the Factories Act does not mean that every earlier liability or proceeding disappears. Section 143 of the OSHWC Code contains repeal and savings provisions. Historical cases should therefore be examined with reference to the date of the alleged contravention, the applicable saving provision and any relevant rules or proceedings.
Official Legal Resources
For authoritative verification, refer to the India Code portal, the Ministry of Labour and Employment, and the Ministry's OSH Code resource page.
Note: This page explains the former Section 96A and identifies the current statutory framework. For a particular incident, prosecution or compliance issue, the law applicable on the relevant date and the competent government's rules and notifications should be checked.