Power to exempt during public emergency
Section 5 of the Factory Act , 1948 deals with power to exempt during public emergency. In any case of public emergency the [State] Government may, by notification in the Official Gazette, exempt any factory or class or description of factories from all or any of the provisions of this Act [except section 67] for such period and subject to such conditions as it may think fit: Provided
In any case of public emergency the 5[State] Government may, by notification in the Official Gazette, exempt any factory or class or description of factories from all or any of the provisions of this Act 6[except section 67] for such period and subject to such conditions as it may think fit:
Provided that no such notification shall be made for a period exceeding three months at a time. 7[Explanation .- For the purposes of this section "public emergency" means a grave emergency whereby the security of India or any part of the territory thereof is threatened, whether by war or external aggression or internal disturbance.]
Section 5, The Factory 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
Questions about Section 5
What does Section 5 of the Factory Act deal with?
Section 5 of the Factory Act is headed "Power to exempt during public emergency". In any case of public emergency the [State] Government may, by notification in the Official Gazette, exempt any factory or class or description of factories from all or any of the provisions of this Act [except section 67] for such period and subject to such conditions as it may think fit: Provided
How do I find court cases under Section 5 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 5, section 5 Factory Act 1948, section 5 of the Factory 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 5 of the Factory Act , and has it changed?
Its own text turns on section 67 (Prohibition of employment of young children), so none of them can safely be read on its own.
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
- 2. Interpretation1530 words
- 120. Repeal and savings1473 words
- 7. Notice by occupier1399 words
- 79. Annual leave with wages1249 words
- 64. Power to make exempting rules1007 words
- 28. Hoists and lifts995 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/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.