Section 79: Approval and licensing of factories
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 79 — Governs approval and licensing of factories and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) The appropriate Government may make rules in respect of factory or class or description of factories for— (a) the submission of plans including specifications, nature and certification thereof;
All provisions were brought into force from 21 November 2025 under S.O. 5321(E), subject to the Central/State appropriate-Government split and provision-specific appointments/notifications.
Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗
Finin2min analysis — what the section actually does
Operative clauses
- (1) The appropriate Government may make rules in respect of factory or class or description of factories for— (a) the submission of plans including specifications, nature and certification thereof;
- (b) the previous permission for the site on which the factory is to be situated and for the construction or extension thereof; and (c) subject to the provision of sub-section 119, licensing and renewal thereof including fees to be payable for such, licensing and renewal, if required, as the case may be.
- (2) If on an application for permission referred to in clause (b) of sub-section (1) accompanied by the plans and specifications required by the rules made under clause (a) of that sub-section, sent to the State Government or Chief Inspector-cum-Facilitator in the electronic mode, no order is communicated to the applicant within such period not exceeding thirty days, the permission applied for in the said…
- (3) Where a State Government or a Chief Inspector-cum-Facilitator refuses to grant permission to the site, construction or extension of a factory and licensing of a factory, the applicant may within thirty days of the date of such refusal appeal to the Central Government if the decision appealed from was of the State Government and to the State Government in any other case.
- Explanation.—A factory shall not be deemed to be extended within the meaning of this section by reason only of the replacement of any plant or machinery or within such limits as may be prescribed, of the addition of any plant or machinery if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or machinery or adversely affect the environmental conditions…
Provisos, explanations & qualifications
- Explanation.—A factory shall not be deemed to be extended within the meaning of this section by reason only of the replacement of any plant or machinery or within such limits as may be prescribed, of the addition of any plant or machinery if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or…
Thresholds and timelines in the text
- (2) If on an application for permission referred to in clause (b) of sub-section (1) accompanied by the plans and specifications required by the rules made under clause (a) of that sub-section, sent to the State Government or Chief Inspector-cum-Facilitator in the electronic mode, no order is communicated to the applicant within such period not exceeding…
- (3) Where a State Government or a Chief Inspector-cum-Facilitator refuses to grant permission to the site, construction or extension of a factory and licensing of a factory, the applicant may within thirty days of the date of such refusal appeal to the Central Government if the decision appealed from was of the State Government and to the State…
Actors expressly appearing in the text
Appropriate Government, Central Government, State Government, Inspector-cum-Facilitator
Full statutory text — Section 79
79. Approval and licensing of factories.—(1) The appropriate Government may make rules in
respect of factory or class or description of factories for—
(a) the submission of plans including specifications, nature and certification thereof;
(b) the previous permission for the site on which the factory is to be situated and for the
construction or extension thereof; and
(c) subject to the provision of sub-section 119, licensing and renewal thereof including fees to be
payable for such, licensing and renewal, if required, as the case may be.
(2) If on an application for permission referred to in clause (b) of sub-section (1) accompanied by the
plans and specifications required by the rules made under clause (a) of that sub-section, sent to the State
Government or Chief Inspector-cum-Facilitator in the electronic mode, no order is communicated to the
applicant within such period not exceeding thirty days, the permission applied for in the said application
shall be deemed to have been granted.
(3) Where a State Government or a Chief Inspector-cum-Facilitator refuses to grant permission to the
site, construction or extension of a factory and licensing of a factory, the applicant may within thirty days
of the date of such refusal appeal to the Central Government if the decision appealed from was of the
State Government and to the State Government in any other case.
Explanation.—A factory shall not be deemed to be extended within the meaning of this section by
reason only of the replacement of any plant or machinery or within such limits as may be prescribed, of
the addition of any plant or machinery if such replacement or addition does not reduce the minimum clear
space required for safe working around the plant or machinery or adversely affect the environmental
conditions from the evolution or emission of steam, heat or dust or fumes injurious to health.How to apply this provision
- Primary statutory test — (1) The appropriate Government may make rules in respect of factory or class or description of factories for— (a) the submission of plans including specifications, nature and certification thereof;
- Additional operative limb — (b) the previous permission for the site on which the factory is to be situated and for the construction or extension thereof; and (c) subject to the provision of sub-section 119, licensing and renewal thereof including fees to be payable for such, licensing and renewal, if required, as the case may be.
- Qualification / exception to test — Explanation.—A factory shall not be deemed to be extended within the meaning of this section by reason only of the replacement of any plant or machinery or within such limits as may be prescribed, of the addition of any plant or machinery if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or…
- Numerical or timing control — (2) If on an application for permission referred to in clause (b) of sub-section (1) accompanied by the plans and specifications required by the rules made under clause (a) of that sub-section, sent to the State Government or Chief Inspector-cum-Facilitator in the electronic mode, no order is communicated to the applicant within such period not exceeding…
- Evidence file — retain facts and records proving the role/status of: Appropriate Government, Central Government, State Government, Inspector-cum-Facilitator.
Rules, forms and cross-references
Direct 2026 Central Rule mapping
Forms mapped
No prescribed form is directly mapped in the current concordance.
Other sections cited in this text
Related Labour Hub resources
A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.
Worked example
For an establishment affected by approval and licensing of factories, the compliance owner should identify the applicable sector and authority, document the prescribed control/notice/record and retain inspection or training evidence. A text point to test is: “(2) If on an application for permission referred to in clause (b) of sub-section (1) accompanied by the plans and specifications required by the rules made under clause (a) of that sub-section, sent to the State Government or Chief Inspector-cum-Facilitator in the electronic mode” Also test the express qualification/proviso before concluding the result.
Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.
Q&A — Section 79
What does Section 79 of the OSHWC Code cover?
Section 79 — Governs approval and licensing of factories and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) The appropriate Government may make rules in respect of factory or class or description of factories for— (a) the submission of plans including specifications, nature and certification thereof;
What is the main legal requirement or power in Section 79?
The first operative clause identified from the official text is: “(1) The appropriate Government may make rules in respect of factory or class or description of factories for— (a) the submission of plans including specifications, nature and certification thereof;” Read it with the remaining subsections and any proviso below.
Does Section 79 contain a proviso or explanation?
Yes. A qualification extracted from the official text is: “Explanation.—A factory shall not be deemed to be extended within the meaning of this section by reason only of the replacement of any plant or machinery or within such limits as may be prescribed, of the addition of any plant or machinery if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or…”
What time limit, percentage or amount appears in Section 79?
The provision contains this numerical/time expression: “(2) If on an application for permission referred to in clause (b) of sub-section (1) accompanied by the plans and specifications required by the rules made under clause (a) of that sub-section, sent to the State Government or Chief Inspector-cum-Facilitator in the electronic mode, no order is communicated to the applicant within such period not exceeding…” Apply it only in the clause and context in which it appears.
Which 2026 Central Rules are linked to Section 79?
No direct Central Rule is recorded in the current concordance. That does not exclude a relevant scheme, notification, State rule or enabling provision.
Is Section 79 currently operative?
All provisions were brought into force from 21 November 2025 under S.O. 5321(E), subject to the Central/State appropriate-Government split and provision-specific appointments/notifications.
Source & verification trail
Act: Occupational Safety, Health and Working Conditions Code, 2020 — official India Code PDF ↗
Central Rules: Occupational Safety, Health and Working Conditions (Central) Rules, 2026 — G.S.R. 345(E), 8 May 2026 ↗
Official library: Ministry of Labour & Employment — Labour Codes ↗
Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.