What did the Factories Act require for fire extinguishers?

The Act itself named no number. Model Rule 68, which states such as Gujarat copied, asked for one 9-litre water bucket per 100 m², one 9-litre water-type extinguisher per 6 buckets, at least 1 extinguisher and 2 buckets per compartment, and equipment within 15 m of travel.

What did section 40B say about safety officers?

A factory with 1,000 or more workers, or with a process the state thought risky, had to employ safety officers if the state required it by a Gazette notification, in the number the notification set. The OSH Code now fixes the line at 500 workers, or 250 with a hazardous process.

What is section 41B of the Factories Act?

It obliged the occupier of a hazardous-process factory to disclose its dangers, file a health and safety policy, draw up an on-site emergency plan approved by the Chief Inspector, and give 30 days' notice before starting a hazardous process. A breach could bring up to 7 years under section 96A.

How often were fire drills required under the Factories Act rules?

At least once in every 2 months under Model Rule 68(12)(c) and Gujarat rule 66-A, with trained persons in charge of the equipment. The rule also asked for enough trained people to fight a fire with first-aid equipment and pumps.

What replaced section 38 in the OSH Code?

No single section. The fire precaution is item 62 of the Code's Second Schedule, a standard the Centre may declare; safe exits are a general duty under section 6; shared factory buildings fall under section 80; and each state's OSH rules carry the rest.

Do old state factory fire rules still apply?

Only where a state has not replaced them. Gujarat's 1963 rules were superseded on 21 November 2025 and Uttar Pradesh's 1950 rules in August 2026, while Maharashtra's continue because its OSH rules are still a draft.

Codes and laws 30 min read

Factories Act 1948 fire safety: section 38, the hazard clauses and what replaced them

Updated October 2026By Flamekite Editorial DeskFacts checked against official sources on 25 October 2026

Quick answer

Section 38 of the Factories Act, 1948 required every factory to prevent the outbreak and spread of fire, keep safe means of escape and fire-fighting equipment, and train every worker in the fire routine. The numbers, such as one 9-litre bucket per 100 m² and a fire drill every 2 months, came from state factory rules modelled on DGOSH Model Rule 68.

The Act was repealed by section 143 of the OSH Code, 2020, which took effect on 21 November 2025. Rules made under it survive only so far as they are not contrary to the Code, and only until replaced: Gujarat's 1963 fire rules were superseded that day, while states with draft OSH rules, such as Maharashtra, still run their old factory rules.

Repealed on: 21 November 2025; By section 143(1)(a) of the OSH Code; At a glance
Fire drills, Model Rule 68: Every 2 months; Copied by Gujarat rule 66-A in 1995; The fire numbers
Section 40B safety officer line: 1,000 workers; And only if the state notified it; Section 40B
Breach of section 41B: Up to 7 years; And up to ₹2 lakh under section 96A; Penalties

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Factories Act 1948 fire provisions at a glance

The Act's fire and hazard clauses, how they were amended and where they stand after the repeal. Last verified 25 October 2026.
What	The rule	Source
The Act	The Factories Act, 1948 (Act No. LXIII of 1948), dated 23 September 1948, in force from 1 April 1949	DGOSH
Fire section	Section 38, "Precautions in case of fire", in its 1987 form: substituted by Act 20 of 1987 from 1 December 1987	DGOSH
Explosion and confined spaces	Section 36 (fumes and confined spaces), 36A (portable lights over 24 volts) and 37 (explosive or inflammable dust and gas)	DGOSH
Safety officers	Section 40B, inserted by Act 94 of 1976 from 26 October 1976: 1,000 workers, or a risky process, and only where the state notified it	DGOSH
Hazardous processes	Chapter IVA, sections 41A to 41H, inserted by Act 20 of 1987 from 1 December 1987; 29 industries in the First Schedule	DGOSH
Who made the fire numbers	Each state, under s.38(3); DGOSH publishes Model Rules (rule 68 for fire), corrected up to 15 December 2020	DGOSH Model Rules
A factory under the Act	10 or more workers with power, or 20 or more without, on any day of the last 12 months (s.2(m))	DGOSH
Copy read	The DGOSH copy of the Act, whose footnotes run to Act 20 of 1987	DGOSH
Repeal	Section 143(1)(a) of the OSH Code, 2020, from 21 November 2025, when the four Labour Codes took effect	PIB
What survives	Rules, notifications, orders and directions made under the Act, so far as not contrary to the Code, until the Central Government repeals them (s.143(3))	OSH Code
Gujarat's fire rules	Rules 66 and 66-A of the Gujarat Factories Rules, 1963, superseded by the Gujarat OSH Rules, 2025 from 21 November 2025	Gujarat Gazette

Factories Act fire clauses mapped to the OSH Code 2020

Each fire, explosion and hazard clause of the 1948 Act, the OSH Code section or Second Schedule item that took its place, and the change worth knowing.
Option	Factories Act, 1948	OSH Code, 2020	What changed	Source
Precautions in case of fire	s.38: prevent outbreak and spread, safe escape, equipment, trained workers; state rules; Chief Inspector's orders	Second Schedule item (62), "the precaution to be taken in case of fire", a standard the Centre may declare under s.18	No fire section in the body of the Code; no Central item (62) standard was found by 25 October 2026	OSH Code
Occupier's general duty	s.7A(2)(d): safe means of access and egress	s.6(2): safe access and egress in a factory, mine, dock, construction site or plantation	Now an employer's duty across workplaces, not only factories	OSH Code
Dangerous fumes and confined spaces	s.36: manhole or other egress; competent person's certificate or breathing apparatus	Second Schedule item (16)	Detail moves to standards and rules	OSH Code
Portable electric light	s.36A: nothing over 24 volts in a confined space; flame-proof lamps near inflammable gas	Second Schedule item (17)	Detail moves to standards and rules	OSH Code
Explosive or inflammable dust and gas	s.37: enclosure, removal, no ignition, vents, hot-work rules	Second Schedule item (18)	Detail moves to standards and rules	OSH Code
Safety officers	s.40B: 1,000 workers, on state notification	s.22(2) and item (14): 500 workers, 250 in a hazardous process	Automatic at a lower line	OSH Code
Site appraisal committee	s.41A: chaired by the Chief Inspector; recommends in 90 days	s.83: recommends in 30 days	Two months faster	OSH Code
Disclosure and on-site emergency plan	s.41B, with s.41B(4) for the plan	s.84, with s.84(4) for the plan	Same duties, now to the Chief Inspector-cum-Facilitator	OSH Code
Health records and medical checks	s.41C: at intervals of no more than 12 months	s.85	Carried over	OSH Code
Inquiry and emergency standards	s.41D inquiry committee; s.41E emergency standards by DGFASLI	s.86; s.87 by DGOSH	The institute renamed	OSH Code
Safety committee	s.41G: every hazardous-process factory	s.22(1) and item (19): where the government orders it	Left to rules; Gujarat r.17 and UP r.43 set the lines	OSH Code
Right to warn of imminent danger	s.41H, hazardous-process factories	s.89, plus s.14 for every employee	Wider	OSH Code
Dangerous operations	s.87: state rules declare a process dangerous	s.82	Carried over	OSH Code
Stop-work for serious hazard	s.87A: 3 days unless the Chief Inspector extends	s.38: 3 days unless the Chief Inspector-cum-Facilitator extends	Same term, new number	OSH Code
Flatted factories	s.93(3)(iv): the owner liable for precautions in case of fire	s.80: owner and occupiers jointly for fire prevention and protection	Joint, not owner alone	OSH Code
Workers' safety rights	s.111A: information, training, representation	s.14	Extended to every employee	OSH Code

What a factory owner does now with the old Factories Act duties

Stop citing section 38 as your fire basis
Since 21 November 2025 your fire duties at work rest on the OSH Code and your state's rules under it. Update the legal register, safety manual and contractor clauses that still quote section 38 or rule 66-A.
Find out whether your state's old factory rules survive
In Gujarat and Uttar Pradesh the old Factories Rules were superseded. In a state whose OSH rules are only a draft, the old fire rule keeps running under s.143(3) so far as it is not contrary to the Code.
Keep the fire numbers you already meet
Exits within 30 m of travel, buckets and extinguishers within 15 m, drills every 2 months: the repeal removed the old figures, not the hazards they answered. Where your state's old rule survives they still bind, and the state fire NOC sets its own systems on top.
Re-file the hazardous-process papers under the Code
An on-site emergency plan approved under s.41B(4) is deemed taken under the Code by s.143(3); keep it current, rehearse it, and file the next revision with the Chief Inspector-cum-Facilitator under s.84(4).
Keep every written order
A Chief Inspector's order under s.38(4) or s.40B notification stays in force as an order under the Code, so far as not contrary to it. Keep the copies with your fire file.
Recount for safety officers
Section 40B's 1,000-worker line is gone. Check the Code's 500 and 250 lines and your state's scale before your next inspection.
Keep the fire NOC separate
Neither the old Act nor the Code issues a fire NOC. The factory's fire NOC still comes from the state fire service under the state fire law.

Section 38 Factories Act: the full text on precautions in case of fire

Section 38 in the form it held from 1 December 1987, when Act 20 of 1987 substituted it, until the repeal on 21 November 2025.

Word for word

38. Precautions in case of fire. (1) In every factory, all practicable measures shall be taken to prevent outbreak of fire and its spread, both internally and externally, and to provide and maintain (a) safe means of escape for all persons in the event of a fire, and (b) the necessary equipment and facilities for extinguishing fire. (2) Effective measures shall be taken to ensure that in every factory all the workers are familiar with the means of escape in case of fire and have been adequately trained in the routine to be followed in such cases. (3) The State Government may make rules, in respect of any factory or class or description of factories, requiring the measures to be adopted to give effect to the provisions of sub-sections (1) and (2). (4) Notwithstanding anything contained in clause (a) of sub-section (1) or sub-section (2), if the Chief Inspector, having regard to the nature of the work carried on in any factory, the construction of such factory, special risk to life or safety, or any other circumstances, is of the opinion that the measures provided in the factory, whether as prescribed or not, for the purposes of clause (a) of sub-section (1) or sub-section (2), are inadequate, he may, by order in writing, require that such additional measures as he may consider reasonable and necessary, be provided in the factory before such date as is specified in the order.

Section 38, the Factories Act, 1948 (Act LXIII of 1948), as substituted by Act 20 of 1987 with effect from 1 December 1987; DGOSH copy DGOSH

The section set 4 duties and no numbers. Sub-section (3) left the measures to each state, which is why the extinguisher counts, exit widths and drill intervals appear in state rules, not the Act. Sub-section (4) let the Chief Inspector go beyond the rules for escape and training by written order, but not for equipment under clause (b).

Factories Act fire extinguisher requirement: Model Rule 68 and Gujarat rule 66-A

The Act set no extinguisher count. DGOSH's Model Rule 68 did, and Gujarat copied it into rule 66-A in 1995. Both are shown as printed; Gujarat's rule was superseded on 21 November 2025.

	DGOSH Model Rule 68 (corrected to 15 December 2020)	Gujarat Factories Rules, rules 66 and 66-A
Water buckets DGOSH Model Rules	One 9-litre bucket for every 100 m² of floor or part (Schedule I)	The same, Schedule I to rule 66-A
Water-type extinguishers DGOSH Model Rules	One 9-litre extinguisher for every 6 buckets or part; at least 1 extinguisher and 2 buckets per compartment; buckets may go if extinguishers are doubled	The same
Distance to the nearest equipment Gujarat DISH	Not more than 15 m of travel	Not more than 15 m
Electrical rooms Gujarat DISH	2 kg dry powder or CO2 extinguishers within 15 m of transformers and switchgear	Within 15 m of the apparatus
Mounting Gujarat DISH	Bottom 750 mm above the floor; serial number, last refill and last inspection painted on each	Bottom 750 mm above the floor
Fire drills Gujarat DISH	As often as necessary and at least once in every period of 2 months (r.68(12)(c))	At least once in every 2 months (r.66-A(12)(c))
Travel to an exit Gujarat DISH	Not over 30 m; 22.5 m with 2 ways out of every room where high-hazard materials are stored or used	30 m and 22.5 m
Exit doors and stairs Gujarat DISH	Doors at least 100 cm by 200 cm, opening outwards without a key; internal stairs at least 100 cm, risers up to 19 cm, 12 per flight	Rule 66: fire exits at least 91.4 cm by 2 m; 2 stairways where 20 or more work above the ground floor; fire escape stair within 45.7 m of travel
Manual fire alarm Gujarat DISH	Where the building holds over 500 persons, or more than 25 work above or below the ground floor, unless it has an automatic alarm	The same, with an exemption for undivided single-storey sheds
Flammable liquids in a workroom DGOSH Model Rules	Not more than 20 litres with a flash point of 21 °C or less; the rest in fire-resisting stores or tanks	20 litres (the flash point is misprinted in the copy read)
Trailer pumps Gujarat DISH	Required where (A + B + C + D) divided by 20 reaches 550 litres a minute	The same formula
Fire water Gujarat DISH	Enough for 100 minutes at that flow; at least 50% or 450,000 litres, whichever is less, in static tanks; a main of at least 15 cm giving 4,500 l/min at 7 kg/cm²	The same
Spontaneous-ignition stores Gujarat DISH	In the open, at least 10 m from process or storage buildings	10 m

In the formula, A is all floor area, B the area holding combustibles, C floors more than 15 m above ground and D floors not of fire-resisting construction, each in m². B, C and D may be halved where water is unsuitable or an approved automatic system protects them, and pump capacity may be cut 25% within 3 km of a town fire service. Sprinklers and hydrants are in addition to these items, never a substitute (r.68(13)). A model rule binds only where a state adopted it.

Sections 36, 36A and 37: confined spaces and explosive dust under the Factories Act

Three sections before section 38 dealt with the fires and explosions that start inside plant. Each now sits as an item in the OSH Code's Second Schedule.

s.36(1)
A way out of every confined space
No one entered a tank, vat, pit, pipe or flue where gas, fume, vapour or dust could overcome them unless it had a manhole of adequate size or other effective egress. DGOSH
s.36(2)
Gas-free certificate or breathing apparatus
Entry only after the gas or dust was brought within permissible limits and either a competent person certified the space in writing from his own test, or the entrant wore breathing apparatus and a belt on a rope held from outside. DGOSH
s.36A
24 volts and flame-proof lamps
No portable light or appliance above 24 volts inside a confined space without safety devices; where inflammable gas, fume or dust was likely, only flame-proof lamps. DGOSH
s.37(1)
Three ways to stop a dust or vapour explosion
Enclose the plant, remove or prevent the build-up of the dust, gas, fume or vapour, and exclude or enclose every source of ignition. DGOSH
s.37(2)
Vents where plant cannot take the blast
Plant not built to withstand the pressure of such an explosion had to have chokes, baffles, vents or other appliances to limit its spread. DGOSH
s.37(3)
Opening pressurised plant
Stop the flow with a valve, bring the pressure down to atmospheric, and keep gas out until the fastening is back; plant in the open air was exempt. DGOSH
s.37(4)
Hot work on a vessel that held a flammable
No welding, brazing, soldering or cutting until the substance and its fumes were removed or made non-inflammable, and nothing put back in until the metal had cooled. DGOSH
Items 16 to 18
Where these duties sit now
Precautions against dangerous fumes, the use of portable electric light, and explosive or inflammable dust and gas are items (16), (17) and (18) of the OSH Code's Second Schedule. OSH Code

Safety officer under Factories Act section 40B and Model Rule 69

Section 40B never made a safety officer automatic. It took 1,000 workers or a risky process, and then a state notification naming the number.

Section 40B(1) applied to a factory where 1,000 or more workers were ordinarily employed, or where the state thought a process carried a risk of bodily injury, poisoning or disease. Even then the occupier had to employ safety officers only "if so required by the State Government by notification in the Official Gazette", and only as many as the notification specified. Sub-section (2) left duties, qualifications and conditions of service to state rules.

DGOSH's Model Rule 69 is the template most states followed. It asked for an engineering degree and 2 years of supervisory factory experience, or a physics or chemistry degree or an engineering diploma with 5 years, and in each case a state-recognised degree or diploma in industrial safety and the language of most of the workers. Five years in a factories or dock inspectorate, or in accident-prevention training, consultancy or research, was an alternative route. The Chief Inspector could exempt or relax.

Where more than one officer was required, one became Chief Safety Officer with the status of a senior executive working under the chief executive. The rule lists 13 duties, from job safety studies to investigating dangerous occurrences and running training, bars any duty inconsistent with them, and gives a dismissed officer an appeal to the state.

The OSH Code replaced the notification test with fixed lines in s.22(2): 500 workers, or 250 where a hazardous process runs. The scales and qualifications under the Code, state by state, are on the OSH Code page.

Safety officers before and after 21 November 2025
What	The rule	Source
Trigger, s.40B	1,000 workers, or a risky process, and a state notification	DGOSH
Model Rule 69 qualification	Degree plus 2 years, or diploma or science degree plus 5, and an industrial-safety qualification	DGOSH Model Rules
Model Rule 69 duties	13 listed duties; no inconsistent work	DGOSH Model Rules
Trigger, OSH Code s.22(2)	500 workers; 250 with a hazardous process	OSH Code

Section 41B and Chapter IVA: the hazardous-process duties of the Factories Act

Chapter IVA came into force on 1 December 1987. These are the duties it put on the occupier of a factory running one of the 29 listed industries.

s.41B(1): tell the workers, the Chief Inspector, the local authority and the public nearby about the dangers of the materials, and how to overcome them. DGOSH
s.41B(2): lay down a written health and safety policy when registering the factory, and report every later change to the Chief Inspector and the local authority. DGOSH
s.41B(3): include the quantity, specification and disposal of wastes in that information. DGOSH
s.41B(4): draw up, with the Chief Inspector's approval, an on-site emergency plan and detailed disaster control measures, and make the safety measures known to workers and neighbours. DGOSH
s.41B(5) and (6): inform the Chief Inspector 30 days before starting a hazardous process, or risk cancellation of the factory licence. DGOSH
s.41B(7): lay down approved measures for handling, transporting, storing and disposing of hazardous substances, and publicise them. DGOSH
s.41C: keep health records, appoint qualified supervisors of hazardous substances, and examine every exposed worker before the job and at intervals of no more than 12 months. DGOSH
s.41G: set up a Safety Committee with equal numbers of worker and management members, unless the state exempted the factory by written order. DGOSH
s.41H: act at once on a workers' warning of imminent danger and report it; if the occupier disagreed, the Inspector's decision was final. DGOSH
Model Rule 82I: send a copy of the approved on-site plan to the District Emergency Authority, rehearse it periodically and review it. DGOSH Model Rules

A hazardous factory's path under sections 41A and 41B, 1987 to 2025

How a new hazardous-process factory moved from site to emergency plan under the old Act and the Model Rules. The OSH Code now runs the same path through sections 83 and 84.

1. Site appraisal application
Under Model Rule 82A, the application went to the Chairman of the Site Appraisal Committee with 15 copies, in the prescribed form. DGOSH Model Rules
2. A fire service member at the table
The committee, chaired by the Chief Inspector, took members from the water and air boards and town planning (s.41A); Model Rule 82A added a representative of the state Fire Service. DGOSH Model Rules
3. Acknowledged in 7 days, heard within 1 month
The Secretary registered and acknowledged the file within 7 days and put it before the committee within one month of receipt. DGOSH Model Rules
4. Recommendation within 90 days
The committee recommended to the state within 90 days (s.41A(2)); state approval then made a separate water or air board approval unnecessary (s.41A(5)). The Code's s.83 allows 30 days. DGOSH
5. Notice 30 days before the process
The occupier informed the Chief Inspector of the process at least 30 days before starting it (s.41B(5)). DGOSH
6. Policy, plan and committee
The safety policy went in at registration, the on-site emergency plan was approved by the Chief Inspector, and the Safety Committee was formed (ss.41B and 41G). DGOSH
7. Plan to the district
A copy of the approved plan went to the District Emergency Authority, with periodic rehearsals (Model Rule 82I). DGOSH Model Rules

Factories Act 1948 definitions that decided fire duties

Whether a fire clause reached a building turned on a few definitions in section 2 and the sections around 38.

Factory, s.2(m): Premises with 10 or more workers using power, or 20 or more without, on any day of the last 12 months; mines, railway running sheds, hotels and restaurants excluded. All shifts in a day were counted together. DGOSH
Hazardous process, s.2(cb): A process in one of the industries in the First Schedule that, without special care, would harm health or pollute; 29 industries were listed, item 29 being highly flammable liquids and gases. DGOSH
Competent person, s.2(ca): A person or institution recognised by the Chief Inspector for the tests and examinations the Act required, such as the gas-free certificate under s.36. DGOSH
Chief Inspector: The state officer who approved on-site emergency plans, chaired the Site Appraisal Committee and could order extra fire escape measures under s.38(4). DGOSH
Dangerous operation, s.87: A process the state declared dangerous by rules, with medical checks, protective equipment and limits on who could be employed. DGOSH
Flatted factory owner, s.93(3): The owner of premises whose floors or flats were let to separate factories, liable as occupier for 6 common items, item (iv) being precautions in case of fire. DGOSH
Dangerous occurrence, s.88A: A prescribed event, such as a fire or explosion, to be notified whether or not anyone was hurt. DGOSH
Light, ordinary and extra hazard: Model Rule 68's grades for choosing equipment: offices and canteens; saw mills and engineering workshops; large timber yards, flour, cotton and jute mills. DGOSH Model Rules

Factories Act penalties for fire and hazard breaches: sections 92 to 97

The old Act's ladder, as amended in 1987. The OSH Code's penalties replaced it on 21 November 2025.

Offence	Penalty	Law
Any breach of the Act, its rules or a written order, including s.38 and the state fire rules	Occupier and manager each: up to 2 years, or up to ₹1 lakh, or both; up to ₹1,000 a day if it continues after conviction	s.92 DGOSH
A Chapter IV breach (sections 21 to 41, fire included) that caused a death	Fine of not less than ₹25,000	s.92, proviso DGOSH
The same breach causing serious bodily injury	Fine of not less than ₹5,000	s.92, proviso DGOSH
A second conviction for the same provision within 2 years	Up to 3 years, or ₹10,000 to ₹2 lakh, or both; at least ₹35,000 after a death, ₹10,000 after serious injury	s.94 DGOSH
Breaching the hazardous-process duties of s.41B, 41C or 41H, the on-site plan included	Up to 7 years and up to ₹2 lakh, plus up to ₹5,000 a day	s.96A(1) DGOSH
The same breach still going a year after conviction	Up to 10 years	s.96A(2) DGOSH
A worker breaking a duty the Act put on workers	Fine up to ₹500	s.97 DGOSH
Not informing the Chief Inspector before starting a hazardous process	The factory licence liable to cancellation, besides any penalty	s.41B(6) DGOSH

Section 143(4) of the OSH Code applies section 6 of the General Clauses Act, 1897 to the repeal. The Code's own penalties, from ₹2 lakh under s.94 to at least ₹5 lakh where a breach causes a death under s.103, are set out on the OSH Code page.

Is the Factories Act 1948 repealed? Which fire rule binds your factory now

Yes, from 21 November 2025. What replaced its fire rules depends on your state and on what you did under the old Act.

If Your factory is in Gujarat
The Gujarat OSH Rules, 2025 superseded the Gujarat Factories Rules, 1963, rules 66 and 66-A included, from 21 November 2025. Flamekite found no rule like 66-A in them; rule 82 makes the owner of a shared factory building answer for the fire prevention and protection system. Your fire systems follow the state fire law. Fire NOC Gujarat Gujarat Gazette
If Your factory is in Uttar Pradesh
The UP OSH Rules, 2026 of 27 August 2026 replaced the UP Factories Rules, 1950. Rule 12 binds buildings of 5 floors or 20 m to Part F of NBCS 2026, and Schedule XXVIII, para 8, asks factories handling highly flammable liquids or gases for fire fighting to the Indian Standards. Fire NOC UP UP Gazette
If Your state's OSH rules are still a draft, as in Maharashtra
Its old Factories Rules, fire rule included, continue under s.143(3) so far as they are not contrary to the Code, until replaced. Fire NOC Maharashtra Maharashtra draft
If You hold an on-site emergency plan approved under s.41B(4)
It is deemed approved under the corresponding provision of the Code, s.84(4), and stays in force so far as not contrary to the Code. OSH Code
If The Chief Inspector ordered extra fire escape measures under s.38(4)
The order is deemed made under the Code and remains in force on the same terms, until repealed or replaced. OSH Code
If You want the safety officer, committee and penalty rules that apply now
They are in the OSH Code and your state's rules under it. OSH Code 2020 OSH Code
If You need the factory's fire NOC
That never came from the Factories Act; it comes from your state fire law, with lines that differ by state and hazard. Fire NOC for Factory PIB

Factories Act fire law, dated: 1948 to the 2025 repeal

Eight dates that shaped section 38 and the rules beneath it.

23 September 1948
The Factories Act, Act LXIII of 1948, is enacted to consolidate the law on labour in factories. DGOSH
1 April 1949
The Act comes into force across the country. DGOSH
26 October 1976
Act 94 of 1976 inserts section 36A on portable lights, section 40A and section 40B on safety officers. DGOSH
1 December 1987
Act 20 of 1987 substitutes sections 36 and 38, inserts section 7A, Chapter IVA, section 96A, section 111A and the First Schedule of hazardous industries. DGOSH
1 June 1988
Section 41F, the exposure limits in the Second Schedule, takes effect. DGOSH
15 February 1995
Gujarat inserts rule 66-A, fire protection, into its Factories Rules, 1963. Gujarat DISH
15 December 2020
The date to which DGOSH's Model Rules, including fire rule 68, are corrected. DGOSH Model Rules
21 November 2025
The OSH Code takes effect and section 143 repeals the Factories Act; Gujarat's 2025 OSH rules supersede its 1963 Factories Rules the same day. PIB

Factories Act fire rules worked through: 6 factories

Flamekite’s working from the official rules; no government publishes this figure.

Flamekite's arithmetic on Model Rule 68 and the Act's definitions, for 6 example units. The units are illustrations; the figures are the rules'.

Case 1
A weaving shed of 2,400 m²
One compartment, ordinary combustibles, under a state rule that copied Model Rule 68.
What applies 24 nine-litre buckets (one per 100 m²) and 4 water-type extinguishers (one per 6 buckets), placed so no one walks more than 15 m to reach one. DGOSH Model Rules
Case 2
A small press shop
3,000 m² of floor, 1,500 m² of it holding combustibles, all of fire-resisting construction, single storey.
What applies (3,000 + 1,500) divided by 20 is 225 litres a minute, under the 550 line, so no trailer pump; adequate fire water was still required. DGOSH Model Rules
Case 3
A large integrated mill
12,000 m² of floor, 6,000 m² with combustibles, 2,000 m² not fire-resisting, nothing above 15 m.
What applies 20,000 divided by 20 is 1,000 litres a minute, so trailer pumps; water for 100 minutes is 100,000 litres, half of it, 50,000 litres, in static tanks. Within 3 km of a town fire service the pumps could be 25% smaller, but not the water. DGOSH Model Rules
Case 4
A solvent-based coating line
35 litres of a solvent with a flash point below 21 °C kept beside the line.
What applies Over the 20-litre workroom limit of rule 68(7); the excess belonged in a fire-resisting store isolated by firewalls and self-closing fire doors. DGOSH Model Rules
Case 5
A 1,200-worker engineering works in 2024
No hazardous process.
What applies Above the 1,000-worker test of s.40B, but a safety officer was compulsory only if the state had notified it. From 21 November 2025 the Code's 500-worker line applies without any notification. DGOSH
Case 6
A 15-worker powered workshop
Manufacturing with power, one shift.
What applies A factory under s.2(m), so section 38 applied. Under the Code a factory needs 20 workers with power, so it falls outside the factory chapter unless a state law sets a lower number. OSH Code

The Factories Act's fire and hazard clauses in numbers

4
Sub-sections in section 38, none of them with a number for equipment DGOSH
29
Industries in the Act's First Schedule of hazardous processes DGOSH
1,000
Workers at which section 40B let a state require safety officers DGOSH
90 days
For a Site Appraisal Committee to recommend under section 41A DGOSH
24 volts
The cap on portable lights inside a confined space under section 36A DGOSH
550 l/min
Fire water demand from which Model Rule 68 required trailer pumps DGOSH Model Rules
7 years
The longest first-offence term in the Act, for hazardous-process breaches (s.96A) DGOSH
13
Acts repealed by section 143 of the OSH Code, the Factories Act first OSH Code

Factories Act fire safety myths, checked against the text

You may have read
Section 38 sets how many fire extinguishers a factory needs.
Myth
What the sources say
It sets none. Section 38(3) left the measures to state rules; the count of one 9-litre bucket per 100 m² comes from Model Rule 68 and the state rules that copied it. DGOSH
You may have read
Section 40B made a safety officer compulsory in every factory of 1,000 workers.
Myth
What the sources say
Only where the state required it by a notification in the Official Gazette, and only in the number the notification set. DGOSH
You may have read
The repeal wiped out every state factory rule overnight.
Myth
What the sources say
Section 143(3) keeps rules, notifications and orders in force so far as not contrary to the Code, until repealed. Gujarat's were superseded by its own OSH rules; Maharashtra's continue while its rules are a draft. OSH Code
You may have read
Gujarat rule 66-A still sets a factory's fire drill and bucket numbers.
Myth
What the sources say
The Gujarat OSH Rules, 2025 superseded the 1963 rules from 21 November 2025, even though the state's DISH site still lists the 1963 text. Gujarat Gazette
You may have read
A factory got its fire NOC under the Factories Act.
Myth
What the sources say
The Act had no fire NOC. Its fire duties ran beside the state fire law, which issues the NOC to this day. DGOSH
You may have read
Installing sprinklers lets a factory drop its extinguishers and buckets.
Myth
What the sources say
Model Rule 68(13) says automatic sprinklers and hydrants are in addition to, not in substitution of, first-aid fire fighting and fire water. DGOSH Model Rules

Keeping Factories Act fire records after the repeal: dos and don'ts

Old papers still matter: section 143(3) carries forward what was done under the Act.

Do

Keep the s.41B(4) on-site emergency plan, its approval letter and the drill records together; the approval is deemed taken under the Code. OSH Code
Keep the fire drill register: Model Rule 68 and Gujarat rule 66-A asked for a drill at least once in every 2 months. DGOSH Model Rules
Keep each extinguisher's serial number, last refill and last inspection on its body, as rule 68(10)(i) required. DGOSH Model Rules
Keep any Chief Inspector's written order under s.38(4); it survives as an order under the Code. OSH Code
Check the Gujarat DISH acts page and your own state's labour site for the rules now in force before an audit. Gujarat DISH

Don’t

Don't quote section 38 or rule 66-A as the current law in a new safety manual or tender. Gujarat Gazette
Don't keep more than 20 litres of a low flash point liquid in a workroom because the old rule is gone; the hazard has not changed. DGOSH Model Rules
Don't treat a shared factory building's fire system as the owner's alone; the Code makes owner and occupiers jointly responsible. OSH Code

State factory rules after section 143: superseded, replaced or still running

From news reports, not yet an official source.

Official texts read on 25 October 2026. Only Gujarat's and Uttar Pradesh's supersession were confirmed from the rules themselves; other states were not checked for this point.

27 August 2026
Uttar Pradesh notifies its OSH Rules, No. 962/XXXVI-03-2026, which replace the UP Factories Rules, 1950 and the state's safety officer rules. UP Gazette
5 May 2026
Maharashtra publishes only a draft of its OSH rules for factories, so the Maharashtra Factories Rules, 1963 keep running under s.143(3). Maharashtra draft
21 November 2025
Gujarat's OSH Rules, 2025 take effect with the Code, made in supersession of the Gujarat Factories Rules, 1963 and five other rule sets. Gujarat Gazette
6 June 2025
Gujarat notifies those rules, No. GR/2025/76/FAC/142021/68396/M3, gazetted on 12 June 2025. Gujarat Gazette

What Flamekite could not confirm about the Factories Act fire rules

Gaps a reader would expect us to fill, and what to do until they are filled.

If The number and text of the fire rule in the Maharashtra Factories Rules, 1963, still in force while the state's OSH rules are a draft
No official copy was reachable on 25 October 2026. Ask the Maharashtra DISH office for the current consolidated text before an inspection. Maharashtra draft
If The fire rule of the Tamil Nadu Factories Rules, 1950
Only amendment orders were found on the Tamil Nadu DISH site; the rule text was not read. Tamil Nadu's OSH rules were still a 2022 draft. TN DISH
If Whether Bihar's, Rajasthan's and Andhra Pradesh's final OSH rules carry a fire protection rule like Gujarat's old 66-A
Not read for fire content. Check your state's final rules before relying on any old figure. Gujarat Gazette
If Whether the Central Government has repealed any saved factory rules under s.143(3)
No such notification was found by 25 October 2026. OSH Code
If How pending Factories Act prosecutions are treated after the repeal
Section 143(4) applies section 6 of the General Clauses Act, 1897; Flamekite did not read a court order applying it to a Factories Act case. Take legal advice on a live case. OSH Code
If Amendments to the Act after 1987
The DGOSH copy read shows none after Act 20 of 1987; Flamekite did not check later Gazettes for this page. DGOSH
If Gujarat rule 66-A's flash point and one formula term
The copy prints the flash point as "210 C°" and drops the 15 m term from the formula; the table shows the Model Rule's figures and does not repeat the misprint. Gujarat DISH

Where to read the Factories Act 1948 and its fire rules

Official copies Flamekite read on 25 October 2026.

The Act
DGOSH: the Factories Act, 1948
The Act as amended, with footnotes on every amending Act; section 38 is on page 25. DGOSH
dgfasli.gov.in/public/Admin/Cms/AllPdf//65005a0c1ebde0.67745153.pdf
Model rules
DGOSH: Model Rules under the Factories Act
The template state rules, corrected to 15 December 2020: fire rule 68, safety officer rule 69, rules 82A to 82J. DGOSH Model Rules
dgfasli.gov.in/public/Admin/Cms/AllPdf//6500599d9c0300.86614403.pdf
Gujarat
Gujarat DISH: acts and rules
The Gujarat Factories Rules, 1963, the 1989 hazardous chemicals rules and the safety officer rules. Gujarat DISH
dish.gujarat.gov.in/e-citizen-acts-rules.htm
The Code
PRS: the OSH Code, 2020
The Gazette text of the Code: section 143 on repeal and savings and the Second Schedule. OSH Code
prsindia.org/files/bills_acts/bills_parliament/2020/Occupational%20Safety,%20Health%20And%20Working%20Conditions%20Code,%202020_1.pdf

Questions about the Factories Act and fire safety

What is section 38 of the Factories Act?: Section 38, "Precautions in case of fire", required every factory to take all practicable measures to prevent the outbreak and spread of fire, to keep safe means of escape and fire-fighting equipment, and to train every worker in the fire routine. States set the detail by rules, and the Chief Inspector could order extra escape measures in writing.
Is the Factories Act 1948 repealed?: Yes. Section 143 of the OSH Code, 2020 repealed it from 21 November 2025, when the four Labour Codes took effect. Rules and orders made under it stay in force so far as they are not contrary to the Code, until they are repealed or replaced.
What did the Factories Act require for fire extinguishers?: The Act itself named no number. Model Rule 68, which states such as Gujarat copied, asked for one 9-litre water bucket per 100 m², one 9-litre water-type extinguisher per 6 buckets, at least 1 extinguisher and 2 buckets per compartment, and equipment within 15 m of travel.
What did section 40B say about safety officers?: A factory with 1,000 or more workers, or with a process the state thought risky, had to employ safety officers if the state required it by a Gazette notification, in the number the notification set. The OSH Code now fixes the line at 500 workers, or 250 with a hazardous process.
What is section 41B of the Factories Act?: It obliged the occupier of a hazardous-process factory to disclose its dangers, file a health and safety policy, draw up an on-site emergency plan approved by the Chief Inspector, and give 30 days' notice before starting a hazardous process. A breach could bring up to 7 years under section 96A.
How often were fire drills required under the Factories Act rules?: At least once in every 2 months under Model Rule 68(12)(c) and Gujarat rule 66-A, with trained persons in charge of the equipment. The rule also asked for enough trained people to fight a fire with first-aid equipment and pumps.
What replaced section 38 in the OSH Code?: No single section. The fire precaution is item 62 of the Code's Second Schedule, a standard the Centre may declare; safe exits are a general duty under section 6; shared factory buildings fall under section 80; and each state's OSH rules carry the rest.
Do old state factory fire rules still apply?: Only where a state has not replaced them. Gujarat's 1963 rules were superseded on 21 November 2025 and Uttar Pradesh's 1950 rules in August 2026, while Maharashtra's continue because its OSH rules are still a draft.

Keep reading

Factories Act MCQ40 practice questions on sections 2(m), 38, 40B, 41A to 41H and penalties.
OSH Code 2020The law that replaced the Factories Act: safety officers, committees, reporting and penalties.
Fire NOC for factoriesWhen a factory needs a fire NOC in each state, and the systems by hazard class.
Fire NOC for industriesHow the fire NOC moves through single windows and industrial estates.
New fire safety rules in 2026The OSH rules beside every other fire rule change this year, dated.
National Building Code 2026Part F, which Uttar Pradesh's OSH rules apply to tall workplaces.
Fire NOC penaltiesWhat each state's fire law charges for running without a valid NOC.
Fire NOC in GujaratThe state fire rules a Gujarat factory follows now that rule 66-A is gone.

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Factories Act 1948 fire provisions at a glance

Factories Act fire clauses mapped to the OSH Code 2020

What a factory owner does now with the old Factories Act duties

Stop citing section 38 as your fire basis

Find out whether your state's old factory rules survive

Keep the fire numbers you already meet

Re-file the hazardous-process papers under the Code

Keep every written order

Recount for safety officers

Keep the fire NOC separate