Application of Chapter
Section 78 of the Factories Act, 1948 deals with application of Chapter. The provisions of this Chapter shall not operate to the prejudice of any right to which a worker may be entitled under any other law or under the terms of any award, [agreement (including settlement)] or contract of service: [Provided that if such award, agreement (including settlement) or contract
(1) The provisions of this Chapter shall not operate to the prejudice of any right to which a worker may be entitled under any other law or under the terms of any award, 2[agreement (including settlement)] or contract of service: 3[Provided that if such award, agreement (including settlement) or contract of service provides for a longer annual leave with wages than provided in this Chapter, the quantum of leave, which the worker shall be entitled to, shall be in accordance with such award, agreement or contract of service, but in relation to matters not provided for in such award, agreement or contract of service or matters which are provided for less favourably therein, the provisions of sections 79 to 82, so far as may be, shall apply.] (2) The provisions of this Chapter shall not apply to workers 4[in any factory] of any railway administered by the Government, who are governed by leave rules approved by the Central Government.
Section 78, The Factories Act, 1948 (Act 63 of 1948).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Questions about Section 78
What does Section 78 of the Factories Act deal with?
Section 78 of the Factories Act is headed "Application of Chapter". The provisions of this Chapter shall not operate to the prejudice of any right to which a worker may be entitled under any other law or under the terms of any award, [agreement (including settlement)] or contract of service: [Provided that if such award, agreement (including settlement) or contract
How do I find court cases under Section 78 of the Factories Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Factories Act 1948 Bihar 78, section 78 Factories Act 1948 Bihar, section 78 of the Factories Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 78 of the Factories Act, and has it changed?
Its own text turns on section 79 (Annual leave with wages), section 82 (Mode of recovery of unpaid wages), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When was the Factories Act enacted?
Factories Act was enacted in 1948 as Act 63 of 1948. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 9. 3891 words
- 120. Repeal and savings1749 words
- 79. Annual leave with wages1354 words
- 28. Hoists and lifts985 words
- 64. Power to make exempting rules954 words
- 92A. Compounding of certain offences789 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/95a48c2f-32e3-4ab3-ae03-ece0be734d0c.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/cba8f9ed-af73-4552-953f-6602e41c3554/content). This page is not a substitute for legal advice.