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Section91
The Factory Act , 1948

Power to take samples

In force Act 63 of 1948 As on 07 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 91 of the Factory Act , 1948 deals with power to take samples. An Inspector may at any time during the normal working hours of a factory, after informing the occupier or manager of the factory or other person for the time being purporting to be in charge of the factory, taken in the manner hereinafter provided a sufficient sample of any substance used or intend

(1) An Inspector may at any time during the normal working hours of a factory, after informing the occupier or manager of the factory or other person for the time being purporting to be in charge of the factory, taken in the manner hereinafter provided a sufficient sample of any substance used or intended to be used in the factory, such use being- (a) in the belief of the Inspector in contravention of any of the provisions of this Act or the rules made thereunder, or (b) in the opinion of the Inspector likely to cause bodily injury to, or injury to the health of workers in the factory.

(2) Where the Inspector takes a sample under sub-section (1), he shall, in the presence of the person informed under that sub-section unless such person wilfully absents himself, divide the sample into three portions and effectively seal and suitably mark them, and shall permit such person to add his own seal and mark thereto.

(3) The person informed as aforesaid shall, if the Inspector so requires, provide the appliance for dividing, sealing and marking the sample taken under this section.

(4) The Inspector shall- (a) forthwith give one portion of the sample to the person informed under sub-section (1);

(b) forthwith send the second portion to a Government Analyst for analysis and report thereon;

(c) retain the third portion for production to the Court before which proceedings, if any, are instituted in respect of the substance.

(5) Any document purporting to be a report under the hand of any Government Analyst upon any substance submitted to him for analysis and report under this section, may be used as evidence in any proceeding instituted in respect of the substance. 1 Subs. for "Provincial" by the Adaptn. of Laws Orders, 1950 2 Subs. for "Provincial" by the Adaptn. of Laws Orders, 1950 3 Subs. for "Provincial" by the Adaptn. of Laws Orders, 1950 Sec. 91A 1[91A. Safety and occupational health surveys .- (1) The Chief Inspector, or the Director-General of Factory Advice Service and Labour Institutes or the Director-General or Health Services, to the Government of India, or such other officer as may be authorised in this behalf by the State Government or the Chief Inspector or the Director-General of Factory Advice Service and Labour Institutes or the Director-General of Health Services may, at any time during the normal working hours of a factory or at any other time as is found by him to be necessary, after giving notice in writing to the occupier or manager of the factory or any other person who for the time being purports to be in charge of the factory, undertake safety and occupational health surveys and such occupier or manager or other person shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey.

(2) For the purpose of facilitating surveys under sub-section (1) every worker shall, if so required by the person conducting the survey, present himself to undergo such medical examination as may be considered necessary by such person and furnish all information in his possession and relevant to the survey.

(3) Any time spent by a worker for undergoing medical examination or furnishing information under sub-section (2), shall, for the purpose of calculating wages and extra wages for overtime work, be deemed to be time during which such workers worked in the factory.] 2[Explanation .- For the purpose of this section, the report if any, submitted to the State Government by the person conducting the survey under sub-section (1) shall be deemed to be a report submitted by an Inspector under this Act.] CHAPTER X PENALTIES AND PROCEDURE

Section 91, 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.

Referred to by 1

  1. s. 96 Penalty for wrongfully disclosing results of analysis under section 91

Questions about Section 91

What does Section 91 of the Factory Act deal with?

Section 91 of the Factory Act is headed "Power to take samples". An Inspector may at any time during the normal working hours of a factory, after informing the occupier or manager of the factory or other person for the time being purporting to be in charge of the factory, taken in the manner hereinafter provided a sufficient sample of any substance used or intend

How do I find court cases under Section 91 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 91, section 91 Factory Act 1948, section 91 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 91 of the Factory Act , and has it changed?

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.