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Section 36 of Factories Act 1948 - Precautions Against Dangerous Fumes and Gases

Section 36 of the Factories Act, 1948 dealt with entry into confined spaces in factories where dangerous gas, fumes, vapour or dust could overcome a person. The provision required safe egress and, before entry, removal or control of the hazardous atmosphere together with prescribed safety safeguards.

Current legal status: The Factories Act, 1948 is no longer the current central statute. The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025. Section 143 of that Code repealed the Factories Act, 1948, subject to its savings provisions. Section 36 is therefore reproduced below as a historical provision for reference.
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Historical text of Section 36 - Precautions against dangerous fumes, gases, etc.

(1) No person shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flue or other confined space in any factory in which any gas, fume, vapour or dust is likely to be present to such an extent as to involve risk to persons being overcome thereby, unless it is provided with a manhole of adequate size or other effective means of egress.

(2) No person shall be required or allowed to enter any confined space referred to in sub-section (1) until all practicable measures have been taken to remove any gas, fume, vapour or dust which may be present, so as to bring its level within the permissible limits and to prevent any ingress of such gas, fume, vapour or dust, and unless:

(a) a certificate in writing has been given by a competent person, based on a test carried out by that person, that the space is reasonably free from dangerous gas, fume, vapour or dust; or

(b) the person entering is wearing suitable breathing apparatus and a belt securely attached to a rope, the free end of which is held by a person outside the confined space.

Historical note: Section 36 was substituted by section 17 of the Factories (Amendment) Act, 1987 with effect from 1 December 1987.

What Section 36 required

The provision was aimed at preventing asphyxiation, poisoning and similar hazards during entry into confined spaces. In practical terms, it imposed two levels of protection before a worker could be required or permitted to enter such a space.

Meaning of key expressions

Confined space: Section 36 identified examples such as chambers, tanks, vats, pits, pipes and flues. The safety concern was not merely the physical size of the place but the possibility that a dangerous atmosphere could overcome a person entering it.

Competent person: Under the Factories Act framework, this expression was linked to a person or institution recognised as competent for specified tests, examinations and inspections, having regard to prescribed qualifications, experience and facilities.

Permissible limits: The expression referred to legally acceptable exposure levels applicable to hazardous substances. Applicable standards and rules had to be read with the Act and the relevant rules governing the factory and process.

Current position under the OSHWC Code, 2020

Law now in force: The Occupational Safety, Health and Working Conditions Code, 2020 has been effective from 21 November 2025. The Occupational Safety, Health and Working Conditions (Central) Rules, 2026 were notified on 8 May 2026 for matters within the Central Government's rule-making jurisdiction.

The subject formerly dealt with by Section 36 has not disappeared from workplace-safety regulation. Section 18(2)(f) of the OSHWC Code read with item 16 of its Second Schedule expressly includes "precautions against dangerous fumes, gases, etc." among the occupational safety and health matters for which standards may be declared. The Code must also be read with applicable Central or State rules, standards and notifications according to the establishment and the appropriate Government.

Section 143 contains the repeal and savings mechanism. It repeals the Factories Act, 1948 and preserves qualifying actions, rules, regulations, notifications, orders and directions under the repealed enactments to the extent provided by the savings clause and so far as they are not contrary to the Code.

Official sources

Updated: 26 September 2026. This page preserves the former Section 36 text for legal and historical reference while identifying the current central statutory framework.