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Section40
The Factory Act , 1948

Safety of buildings and machinery

In force Act 63 of 1948 As on 15 Oct 2026

Read from the scanned gazette. India Code publishes no text for this Act, so the text below was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Act 63 of 1948

Read from the scanned gazette. India Code publishes no text for this Act, so this text was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Section 40 of the Factory Act , 1948 deals with safety of buildings and machinery. If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it is dangerous to human life or safety, he may serve on [the occupier or manager or both] of the factory an order in writing specifying the mea

(1) If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it is dangerous to human life or safety, he may serve on 4[the occupier or manager or both] of the factory an order in writing specifying the measures which in his opinion should be adopted and requiring them to be carried out before a specified date.

(2) If it appears to the Inspector that the use of any building or part of a building or any part of the ways, machinery or plant in a factory involves imminent danger to human life or safety, he may serve on 5[the occupier or 1 Subs. for "Provincial" by Adaptn. of Laws Orders, 1950 2 Subs. by Act. 20 of 1987 (w.e.f. 1.12.1987) 3 Subs. for "the manager" by Act 94 of 1976 (w.e.f. 26.10.1976) 4 Subs. for "the manager" by Act 94 of 1976 (w.e.f. 26.10.1976) 5 Subs. for "the manager" by Act 94 of 1976 (w.e.f. 26.10.1976) Sec. 40A manager or both] of the factory an order in writing prohibiting its use until it has been properly repaired or altered. 1[40A. Maintenance of buildings .- If it appears to the Inspector that any building or part of a building in a factory is in such a state of disrepair as is likely to lead to conditions detrimental to the health and welfare of the workers, he may serve on the occupier or manager or both of the factory an order in writing specifying the measures which in his opinion should be taken and requiring the same to be carried out before such date as is specified in the order.

Section 40, The Factory Act , 1948 (Act 63 of 1948).

Questions about Section 40

What does Section 40 of the Factory Act deal with?

Section 40 of the Factory Act is headed "Safety of buildings and machinery". If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it is dangerous to human life or safety, he may serve on [the occupier or manager or both] of the factory an order in writing specifying the mea

How do I find court cases under Section 40 of the Factory 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: Factory Act 1948 40, section 40 Factory Act 1948, section 40 of the Factory Act . Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

When was the Factory Act enacted?

Factory 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

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/0dd381b6-b6d6-4e45-bf21-92b5946e4c52.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/1a593b6f-38df-46df-9029-25b37c2befc4/content). This page is not a substitute for legal advice.