Section 38 of the Factories Act 1948: Precautions in Case of Fire
Section 38 of the Factories Act, 1948 required factories to take practicable measures to prevent fire, provide safe means of escape, maintain fire-fighting equipment and train workers in emergency procedures. The provision is important for historical compliance and matters relating to periods before the Factories Act was repealed.
- Practicable measures to prevent the outbreak and spread of fire.
- Safe means of escape for every person in the event of fire.
- Necessary equipment and facilities for extinguishing fire.
- Worker familiarity with escape routes and adequate emergency training.
- Compliance with State Government rules and additional written safety requirements imposed by the competent inspector where existing measures were inadequate.
Text of Section 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.
Legislative note: Section 38 was substituted by section 19 of Act 20 of 1987 with effect from 1 December 1987.
Meaning and Scope of the Former Section 38
The former provision imposed preventive as well as emergency duties. A factory was not merely required to keep fire-extinguishing equipment. It also had to take practicable steps to prevent a fire from starting and spreading, provide safe escape arrangements and ensure that workers knew how to respond during an emergency.
1. Prevention of outbreak and spread of fire
The expression all practicable measures required measures reasonably capable of being implemented in the circumstances of the factory. The statutory duty covered both the outbreak of fire and its internal or external spread. The actual precautions depended on the manufacturing process, materials, building design, ignition risks and applicable rules.
2. Safe means of escape
Section 38(1)(a) required safe means of escape for all persons in the event of fire. Escape arrangements were therefore a central part of factory fire safety and had to be suitable for the premises and the persons who might need to evacuate.
3. Fire-extinguishing equipment and facilities
Section 38(1)(b) separately required necessary equipment and facilities for extinguishing fire. The appropriate type, number, location and maintenance of such facilities depended on the applicable rules and the risks of the particular factory.
4. Worker training and familiarity with escape routes
Under Section 38(2), effective measures had to be taken so that workers were familiar with the means of escape and adequately trained in the routine to be followed in case of fire. The provision therefore addressed preparedness and training in addition to physical fire-safety infrastructure.
5. Rule-making power and additional measures
Section 38(3) authorised State Governments to prescribe measures for implementing the fire-safety duties. Section 38(4) also empowered the Chief Inspector to require additional reasonable and necessary measures by written order where the existing escape or worker-preparedness measures were considered inadequate because of the nature of work, construction, special risk to life or safety, or other circumstances.
Current Law After 21 November 2025
The Factories Act, 1948 has been repealed under Section 143 of the Occupational Safety, Health and Working Conditions Code, 2020. The current framework places occupational safety and working-condition responsibilities within the OSH Code and the rules, standards and notifications made under it. Section 23 of the OSH Code deals with responsibility for prescribed health, safety and working conditions in establishments.
For a current compliance question, the applicable Central or State rules and notifications should be checked because the appropriate Government and establishment-specific requirements can affect the precise obligations. The historical Section 38 text should not by itself be treated as the complete current fire-safety compliance rule.
Section 38 at a Glance
| Former provision | Requirement |
|---|---|
| Section 38(1) | Prevent outbreak and spread of fire; provide safe escape and fire-extinguishing facilities. |
| Section 38(2) | Ensure workers know escape routes and are adequately trained for fire emergencies. |
| Section 38(3) | Enabled State Governments to make implementation rules. |
| Section 38(4) | Enabled the Chief Inspector to require additional measures where existing arrangements were inadequate. |
| Present status | Factories Act repealed from 21 November 2025 under the OSH Code, subject to repeal and savings provisions. |
Related Safety Provisions
For historical research under the Factories Act, see Section 37 on explosive or inflammable dust, gas and related risks, Section 39 on specifications and tests of stability, and Section 40 on safety of buildings and machinery.
This page provides general legal information and preserves the former statutory provision for reference. For a current factory compliance issue, verify the OSH Code, applicable rules, State requirements and current official notifications.