What Every Factory Owner Should Know About the Factories Act and Fire Safety



The Factories Act 1948 is one of India's oldest and most consistently enforced pieces of workplace legislation. Most factory owners are aware it exists. Fewer are aware of what it specifically requires for fire safety — and what the personal consequences are for non-compliance when a fire incident occurs.

What Sections 38 and 39 of the Factories Act Require

Section 38 of the Factories Act requires that every factory be equipped with adequate fire-fighting equipment appropriate to the size of the factory and the nature of the work carried on within it. The section further requires that firefighting equipment be maintained in good working order at all times.

Section 39 requires that workers in every factory receive training in the use of fire-fighting equipment and that fire drills be conducted periodically. Training is not an optional supplement to equipment — it is a separate legal requirement.

What this means in practice:

  • Fire extinguishers must be present, correctly typed for the fire risks in each area, and serviced to remain functional

  • Workers must have received practical training in extinguisher use — not just awareness posters

  • Fire drills must be conducted and recorded

Failure on any of these points makes the factory owner and the occupier personally liable under the Act.

The Difference Between Factories Act Obligations and Fire NOC Requirements

These are two separate compliance frameworks, and many factory owners conflate them.

A fire NOC, issued by the state fire department, confirms that the factory has installed the required fire safety equipment and systems. It is issued once and renewed periodically. It is a building-level compliance certificate.

The Factories Act obligations are ongoing operational requirements. A fire NOC does not exempt a factory from Section 38 and 39 obligations — it is not a compliance substitute. A factory can hold a current fire NOC and still be non-compliant with the Factories Act if equipment has not been serviced or workers have not been trained since the NOC was issued.

Labour inspectors — who conduct Factories Act inspections — check separately from fire NOC inspections. They ask for service records, training records, and drill logs.

What a Labour Inspector Checks for Fire Safety

During a Factories Act inspection, the inspector will look for:

  • Fire extinguishers of the correct type for the factory's fire class risks — a brief understanding of fire extinguisher types India regulations require helps prepare for this conversation

  • Service records showing annual maintenance has been completed

  • Training records showing workers have been trained in extinguisher use

  • Drill records showing fire evacuations have been practised

  • Evidence that high-risk areas (electrical rooms, chemical storage) have dedicated appropriate coverage

The Personal Liability Every Factory Owner Must Understand

As JSNM Engineers' compliance guide explains, "In case of fire, you (as business owner) may face criminal negligence charges if someone is injured." This is not a hypothetical. Post-incident investigations in India routinely result in cases filed against factory owners and managers where non-compliance with fire safety obligations is established.

A factory with BIS certified fire extinguisher units, current service records, and documented training history is a factory whose owner has demonstrable due diligence. That documentation is the difference between a tragic accident and a criminal prosecution.

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