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Section78
The Factory Act , 1948

Application of Chapter

In force Act 63 of 1948 As on 09 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 Cited by 1 provision

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 78 of the Factory Act , 1948 deals with application of Chapter. The provisions of this Chapter shall not operate to the prejudice to 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 of

(1) The provisions of this Chapter shall not operate to the prejudice to any right to which a worker may be entitled under any other law or under the terms of any award 3[agreement (including settlement)] or contract of service: 4[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 1 Subs. for "Provincial" by the Adaptn. of Laws Orders, 1950. 2 Chapter VIII (secs.78 to 84) subs. by Act 25 of 1954 3 Subs. for "agreement" by Act 94 of 1976 (w.e.f. 26.10.1976) 4 Proviso subs. by Act 94 of 1976 (w.e.f. 26.10.1976). Sec. 79 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 1[in any factory] of any railway administered by the Government, who are governed by leave rules approved by the Central Government.

Section 78, 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

  1. s. 79 Annual leave with wages
  2. s. 82 Mode of recovery of unpaid wages

Referred to by 1

  1. s. 80 Wages during leave period

Questions about Section 78

What does Section 78 of the Factory Act deal with?

Section 78 of the Factory Act is headed "Application of Chapter". The provisions of this Chapter shall not operate to the prejudice to 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 of

How do I find court cases under Section 78 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 78, section 78 Factory Act 1948, section 78 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 78 of the Factory 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 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.