Section 39: Power to require specifications of defective parts or tests of stability

The Factories Act, 1948 was repealed and replaced by the Occupational Safety, Health and Working Conditions Code, 2020 from 21 November 2025. It still applies to matters and proceedings from before that date, as the repealing law provides.

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 may be dangerous to human life or safety, he may serve on [the occupier or manger or both] of the factory an order in writing requiring him before a specified date—

(a) to furnish such drawings, specifications and other particulars as may be necessary to determine whether such building, ways, machinery or plant can be used with safety, or

(b) to carry out such tests in such manner as may be specified in the order, and to inform the Inspector of the results thereof.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 39

No Supreme Court judgment in our database cites this section yet.