Factories Act, 1948 · Chapter VIII: Annual Leave With Wages
Section 78: Application of Chapter
The Factories Act, 1948 was repealed and replaced by the Occupational Safety, Health and Working Conditions Code, 2020 from 21 November 2025.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.
(1) The provisions of this Chapter shall not operate to the prejudice of 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 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 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 [in any factory] of any railway administered by the Government, who are governed by leave rules approved by the Central Government.
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.