9. Amendment of licence
10 Transfer of licence
11. Procedure on death or disability of licensee
12. Loss of licence
13. Payment of fees
14. Prohibition on use of premises as factory without a valid licence
15. Notice of occupation
16. Notice of change of manager
These rules may be cited as the Factories Rules, 19.....
(2) These rules shall extend to .....................................
"Act" means the Factories Act, 1948;
(b) "appendix" means an appendix appended to these rules;
(c) "artificial humidification" means the introduction of moisture
into the air of a room by any artificial means whatsoever,
except the unavoidable escape of steam or water vapour into
the atmosphere directly due to a manufacturing process:
that the introduction of air directly
from outside through moistened mats or screens placed in openings
at times when the temperature of the room is 26.5 degrees
or more, shall not be deemed to be artificial humidification;
(d) "belt" includes any driving strap or rope
(e) "degrees" (of temperature) means degrees on the centigrade scale
(f) "District Magistrate" includes such other official as may be appointed by the State Government in that behalf
(g) "fume" includes gas or vapour;
(h) Health Officer" means the Municipal Health Officer or District Health Officer or such other official as may be appointed by the State Government in that behalf
(i) "hygrometer" means an accurate wet and dry bulb hygrometer conforming to the rescribed conditions as regards construction and maintenance
(j) x x x x x x x
(k) "maintained" means maintained in an efficient state, in efficient working order and in good repair; and
"manager" means the person responsible
to the occupier for the working of the factory for the purpose of
Rules prescribed under Section 2A Clause 2(ca) and Section 112
(1) The Chief Inspector may recognise any person as a competent person within such area and for such period as may be specified for the purposes of carrying out tests, examinations, inspections and certification for such buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plant, confined space, ventilation system and such other process or plant and equipment as stipulated in the Act and the Rules made thereunder, located in a factory, if such a person possesses the qualifications, experience and other requirements as set out in the schedule annexed to this Rule.
Provided that the Chief Inspector may relax the requirements of qualifications in respect of a competent person concurrence of the State Government shall be taken and such a person after being so recognised, shall not have powers of an Inspector,
Provided further that the competent person; recognised under this provision shall not be above the age of 62 and shall be physically fit for the purpose of carrying out the tests, examination and inspection.
(2) The Chief Inspector may recognise an institution of repute, having persons possessing qualifications and experience as set out in the schedule annexed to sub-rule (1) for the purpose of carrying out tests, examinations, inspections and certification for buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plant, confined space, ventilation system and such other process or plant and equipment as stipulated in the Act and the Rules made thereunder, as a competent person within such area and for such period as may be specified.
(3) The Chief Inspector on receipt of an application in the prescribed form from a person or an institution intending to be recognised as a competent person for the purposes of this Act and the Rules made thereunder, shall register such application and within a period of sixty days of the date of receipt of application, either after having satisfied himself as regards competence and facilities available at the disposal of the applicant recognise the applicant as a competent person and issue a certificate of competency in the prescribed form or reject the application specifying the reasons therefore.
(4) The Chief Inspector may, after giving an opportunity to the competent person of being heard, revoke the certificate of competency .
(i) if he has reason to believe that a competent person
(a) has violated any condition stipulated in the certificate of competency; or
(b) has carried out a test, examination and inspection or has acted in a manner inconsistent with the intent or the purpose of this Act or the Rules made thereunder; or has omitted to act as required under the Act and the Rules made thereunder; or
(ii) for any other reason to be recorded in writing.
Explanation: For the purpose of this Rule, an institution includes an organisation.
(5) The Chief Inspector may, for reasons to be recorded in writing, require re-certification of lifting machines, lifting tackles, pressure plant or ventilation system, as the case may be, which has been certified by a competent person outside the State.
Form of Application for grant of Certificate of Competency to a person under sub-rule (I) of 2A.
2. Date of Birth
3. Name of the Organisation (if not self-employed)
5. Educational qualification (copies of testimonials to be attached)
6. Details of professional experience (in chronological order)
7. Membership, if any, of professional bodies
8. (i) Details of facilities (examination, testing, etc.) at his disposal.
(ii) Arrangements for calibrating and maintaining the accuracy of these facilities.
9. Purpose for which Competency Certificate is sought (section or sections of the Act should be stated).
10. Whether the applicant has been declared as a competent person under any statute (if so, the details)
11. Any other relevant information.
12. Declaration by the applicant.
I, ., hereby declare that the information furnished above is true.
(a) that in the event of any change in the facilities at my disposal (either addition or deletion) or my leaving the aforesaid organisation, I will promptly inform the Chief Inspector;
(b) to maintain the facilities in good working order, calibrated periodically as per manufacturers instructions or as per National Standards; and
(c) to fulfill and abide by all the conditions stipulated in the certificate of competency and instructions issued by the Chief Inspector from time to time.
Signature of the applicant :
Declaration by the Institution (if employed)
I, ., certify that Shri whose details are furnished above, is in our employment and nominate him on behalf of the organisation for the purposes of being declared as a competent person under the Act. I also undertake that I will.
(a) notify the Chief Inspector in case the competent person leaves our employment;
(b) provide and maintain in good order all facilities at his disposal as mentioned above;
(c) notify the Chief Inspector any change in the facilities (either addition or deletion)
Form of Application for grant of Certificate of Competency to an Institution under sub-rule (2) of Rule 2A.
1. Name and full address of the Organization
2. Organisations status (specify whether Government, Autonomous, Co-operative, Corporate or Private)
3. Purpose for which Competency Certificate is sought (specify Section(s) of the Act)
4. Whether the Organisation has been declred as a competent person under this or any other statute. If so, give details.
5. Particulars of persons employed and possessing qualification and experience as set out in Schedule annexed to sub-rule (1) of Rule 2A.
S.No. Name and Designation Qualifications Experience Section(s) and the Rules under
6. Details of facilities (relevant to item 3 above) and arrangements made for their maintenance
and arrangements made for their maintenance and periodic calibration.
7. Any other relevant information.
I, .. hereby, on behalf of . Certify the details furnished above are correct to the best of my knowledge. I undertake to ----
(ii) maintain the facilities in good working order, calibrated periodically as per manufacturers instructions or as per National Standards; and
(iii) to fulfil and abide by all the conditions stipulated in the certificate of competency and instructions issued by the Chief Inspector from time to time.
Signature of Head of the
Institution or of the persons
authorised to sign on his behalf.
Place & Date
Form of Certificate of Competency issued to a person or an institution in pursuance to Rule 2A made under Section 2(ca) read with Section .
I, ., in exercise of the powers conferred on me under Section 2(ca) of the Factories Act and the Rules made thereunder, hereby recognize .. (Name of the Institution) employing qualified persons Shri ______________________ whose qualification and experience are being approved in the name of the institution
* Strike out the words not applicable.
This certificate is valid from ..to .
This certificate is issued subject to the conditions stipulated hereunder: -
(i) Tests, examinations and inspections shall be carried out in accordance with the provisions of the Act and the Rules made thereunder;
(ii) Tests, examination and inspections shall be carried out . personally or if the assistance of additional person is inevitable with direct involvement of the CP or in case of an institution of the persons(s) approved as indicated above under direct supervision of the competent person or by a person so authorised by an institution recognized to be a competent person.
(iii) The certificate of competency issued in favour of a person shall stand cancelled if the person leaves the organisation mentioned in his application;
(iv) The institution recognised as a competent person shall keep the Chief Inspector informed of the names, designations and qualifications of the persons authorised by it to carry out tests, examinations and inspections.
NOTE: A separate certificate should be issued under each relevant Section. A person or an institution may be recognised competent for the purpose of more than one Section of the
Section or Rules under which competency is recognised
Experience for the purpose
Facilities at his command
Rules made under Section 6 and Section 112 Certificate of stability for buildings
Degree in Civil or Structural Engineering; or equivalent
i) A minimum of 10 years experience in the design of construction or testing or repairs of structures;
ii) Knowledge of non-destructive testing, various codes of practices that are current and the effect of the vibrations and natural forces on the stability of the building; and
iii) Ability to arrive at a reliable conclusion with regard to the safety of the structure or the building.
Rules made under Section 21(2) Dangerous Machines
Degree in Electrical or Mechanical or Textile Engineering or equivalent.
(ii) a minimum of 7 years experience in-
a) design or operation or maintenance; or
b) testing, examination and inspection of relevant machinery, their guards, safety devices and appliances.
(ii) he shall
a) be conversant with safety devices and their proper functioning;
b) be able to identify defects and any other cause loading to failure; and
c) have ability to arrive at a reliable conclusion with regard to the proper functioning of safety device and appliance and machine guard.
Guages for measurement; instruments for measurement of speed and any other equipment or device to determine the safety in the use of the dangerous machines.
Section 28 Lifts and Hoists
A degree in Electrical and /or Mechanical Engineering or the equivalent
(i) A minimum experience of 7 years in-
(a) design or erection or maintenance; or
(b) inspection and test procedures of lifts and hoists;
(ii) He shall be
(a) Conversant with relevant codes of practices and test procedures that are current;
(b) Conversant with other statutory requirements conversing the safety of the Hoists and Lifts;
(c) able to identify defects and arrive at a reliable conclusion with regard to the safety of Hoists and Lifts.
Facilities for load testing, tensile testing, guages equipment/ gadgets for measurement and any other equipment required for determining the safe working conditions of Hoists and Lifts.
Section 29 Lifting Machinery and Lifting Tackles
Degree in Mechanical or Electrical or Metallurgical Engineering or its equivalent
(ii) A minimum experience of 7 years in-
(a) design or erection or maintenance; or
(b) testing, examination and inspection, of lifting machinery, chains, ropes and lifting tackles.
(ii) He shall be
(a) Conversant with the relevant codes of practices and test procedures that are current;
(b) Conversant with fracture mechanics and metallurgy of the material of construction;
(c) Conversant with heat treatment/ stress relieving techniques as applicable to stress bearing components and parts of lifting machinery and lifting tackles;
(d) capable of identifying defects and arriving at a reliable conclusion with regard to the safety of lifting machinery, chains, ropes, and lifting tackles.
Facilities for load testing, tensile testing, heat treatment, equipment/gadget for measurement, gauges and such other equipment to determine the safe working conditions of the lifting machinery tackle.
Degree in Chemical or Electrical or Metallurgical or Mechanical Engineering or its equivalent.
(ii) A minimum experience of 10 years in
(a) design or erection or maintenance, or
(b) testing, examination and inspection of pressure plants.
(ii) He shall be
(a) Conversant with the relevant codes of practices and test procedures relating to pressure vessels;
(b) Conversant with statutory requirements concerning the safety of unfired pressure vessels and equipment operating under pressure;
(c) Conversant with non-destructive testing techniques as are applicable to pressure vessels;
(d) able to identify defects and arrive at a reliable conclusion with regard to the safety of pressure plants.
Facilities for carrying out hydraulic test, non-destructive test, gauges equipment/ gadgets for measurement and any other equipment or gauges to determine the safety in use of pressure vessels.
(ii) Section 36
Precautions against dangerous fumes
(ii) Rules made under Sections 41 & 112 concerning ship-building and ship repairs,
(ii) Handling and processing of asbestos,
(ii) Manufacture of Rayon by viscose process,
(v) Foundry operations.
Masters degree in Chemistry, or a degree in Chemical Engineering.
(i) a minimum of 7 years in collection and analysis of environmental samples and calibration of monitoring equipment;
(ii) He shall
(a) be conversant with the hazardous properties of chemicals and their permissible limit values;
(b) be conversant with the current techniques of sampling and analysis of the environmental contaminants; and
(c) be able to arrive at a reliable conclusion as regards the safety in respect of entering and carrying out hot work.
Meters, instruments and devices duly calibrated and certified for carrying out the tests and certification of safety in working in confined spaces.
Ventilation systems as required under various Schedules framed under Section 87, such as Schedules on
(ii) Grinding or glazing or metals and processes and incidental thereto,
(ii) Cleaning or smoothing, roughening, etc. of articles, by a jet sand, metal shot, or grit, or other abrasive propelled by a blast of compressed air of steam.
Degree in Mechanical or Electrical Engineering or equivalent.
(i) A minimum of 7 years in the design, fabrication, installation, testing of ventilation system and systems used for extraction and collection of dusts, fumes and vapours and other ancillary equipment.
(ii) He shall be conversant with relevant codes of practice and tests procedures that are current in respect of ventilation and a traction system for fumes, and shall be able to arrive at a reliable conclusion with regard to effectiveness of the system.
Facilities for testing the ventilation system, instruments and gauges for testing the effectiveness of the extraction systems for dusts, vapours and fumes, and any other equipment needed for determining the efficiency and adequacy of these systems. He shall have the assistance of a suitable qualified technical person who can come to a reasonable conclusion as to the adequacy of the system.
(Rules 3 to 13 prescribed under sub-section (I) of Section 6)
The State Government or the Chief Inspector Rules of Factories may require, for the purposes of the Act, submission of plans of any factory which was either in existence on the date of commencement of the Act or which has not been constructed or extended since then. Such plans shall be drawn to the scale showing :
(a) the site of the factory and immediate surroundings including adjacent buildings and other structure, roads, drains, etc.
(b) the plan, elevation and necessary cross sections of the factory buildings indicating all relevant details relating to natural lighting, ventilation and means of escape in case of fire, and the position of the plant and machinery, aisles and passageways; and
(c) such other particulars as the State Government or the Chief Inspector, as the case may be, may require.
(1) No site shall be used for the location of a factory or no building in a factory be constructed, reconstructed, extended or taken into use as a factory or part of a factory, or any other extension of plant or machinery carried out in a factory unless previous permission in writing is obtained from the State Government or the Chief Inspector.
(2) Application for such permission shall be made in Form 1 which shall be accompanied by the following documents:-
(a) a flow chart of the manufacturing process supplemented by a brief description of the process in its various stages;
(b) plans, in duplicate, drawn to scale showing -
(i) the site of the factory and immediate surroundings including adjacent building and other structures, roads, drains, etc.;
(ii) the plan, elevation and necessary cross-sections of the various buildings indicating all relevant details relating to natural lighting, ventilation and means of escape in case of fire. The plans shall also clearly indicate the position of the plant and machinery, aisles and passageways;
(c) such other particulars as the Chief Inspector may require.
(3) If the Chief Inspector is satisfied that the plans are in consonance with the requirements of the Act he shall, subject to such conditions as he may specify, approve them by signing and returning to the applicant one copy of each plan or he may call for such other particulars as he may require to enable such approval to be given.
(1) No manufacturing process shall be carried on in any building of a factory constructed, reconstructed or extended, or in any building which has been taken into use as a factory until a certificate of stability in respect of that building in the form factory to the Chief Inspector, and accepted by him.
Form of Certificate of Stability
1. Name of the
2. Village, town and district in which the factory is situated : ...........................
3. Full postal address of the factory : ............................
4. Name of the occupier of the factory : ............................
5. Nature of manufacturing process to be
carried on in the factory : ............................
6. Number of floors on which workers will be : ............................
I certify that I have inspected the building/buildings the plans of which have been approved by the Chief Inspector in his letter No................ dated ......... and examined the various parts including the foundations with special reference to the machine, plant etc., that have been installed. I am of the opinion that the building/buildings which has/have been constructed/ reconstructed/extended/ taken into use is/are in accordance with the plans approved by the Chief Inspector in his letter mentioned above, that it/they/are structurally sound and that its/their stability will not be endangered by its/their use as factory/part of factory for the manufacture of .......... for which the machinery, plant, etc. installed are intended.
If employed by a company or association, name and address of the company or association]
(2) The Certificate of Stability referred to in sub-rule (1) shall be signed by a competent person.
Applications for registration and grant of licence
The occupier of every factory shall submit to the Chief Inspector an application in triplicate in form for the registration of the factory and grant of licence.
Provided that the occupier of premises in use as a factory on the date of commencement of these rules shall submit such application within 30 days from the date of commencement of these rules.
The occupier of every factory shall submit to the Chief Inspector an application in triplicate in Form 6 for the registration of the factory and grant of a licence.
(1) A licence to work a factory may be granted by the Chief Inspector in Form prescribed for the purpose and on payment of the fees specified in the schedule hereto.
Provided that, where the Chief Inspector refused to grant or renew a licence, he shall record in writing the reasons for such refusal and communicate the same to the occupier.
(2) Every licence granted under this chapter shall remain in force upto the 31st of December of the year for which the licence is granted.
Kilowatts | Maximum number of persons to be employed on any
installed | day during the year
(Maximum | -------------------------------------------------------------------------
Kilowatts) | 20 | 50 | 100 | | | |
Rs Rs Rs Rs Rs Rs Rs
(1) A licence may be renewed by the Chief Inspector.
(2) Every application for the renewal of a licence shall be in Form, in duplicate, and shall be made not less than two months before the date on which the licence expires, and, if the application is so made, the premises shall be held to be duly licensed until such date as the Chief Inspector renews the licence.
(3) The same fee shall be charged for the renewal of a licence as for the grant thereof :
Provided that if the application for renewal is not received within the time specified in sub-rule (2), the licence shall be renewed only on payment of a fee 25 percent in excess of the fee ordinarily payable for the licence.
(4) Every licence renewed under this rule shall remain in force upto the 31st December of the year for which the licence is renewed.
(1) A licence granted under rule 6 or renewed under rule 7 may be amended by the Chief Inspector.
(2) A licensee who desires to have his licence amended shall submit it to the Chief Inspector with an application stating the nature of the amendment and reasons therefor.
(3) The fee for the amendment of a licence shall be ...... rupees plus the amount (if any) by which the fee tha t would have been payable if the licence had originally been issued in the amended form, exceeds the fee originally paid for the licence :
Provided that no amendment fee shall be payable when the amendments are proposed simultaneously with the application for the renewal of the licence;
Provided further that the occupier of premises in use as a factory on the date of the commencement of these rules shall submit such application within 30 days from the date of the commencement of these rules.
(1) The holder of a licence may, at any time before the expiry of the licence, apply for permission to transfer his licence to another person.
(2) Such application shall be made to the Chief Inspector who shall, if he approves of the transfer, enter upon the licence, under his signature, an endorsement to the effect that the licence has been transferred to the person named.
(3) A fee of ...... rupees shall be charged on each such application.
If a licensee dies or becomes insolvent, the person carrying on the business o f such licensee shall not be liable to any penalty under the Act for exercising the powers granted to the licensee by the licence during such time as may reasonably be required to allow him to make an application for the amendment of the licence under rule 7 in his own name for the unexpired portion of the original licence.
Where a licence granted under these rules is lost or accidentally destroyed, a duplicate may be granted on payment of a fee of rupees .......
(1) Every application under these rules shall be accompanied by a treasury receipt showing that the appropriate fee has been paid into the local treasury, under the head of account ..............................
Provided that the appropriate fee may alternatively be paid by a crossed cheque or a bank draft on any nationalised bank or by a postal order drawn in favour of the Chief Inspector.
(2) If an application for the grant, renewal or amendment of licence is rejected, the fee paid shall be refunded to the applicant.
An occupier shall not use any premises as a factory or carry on any manufacturing process in a factory unless a licence has been issued in respect of such premises and is in force for the time being :
Provided that if a valid application for grant of licence or renewal of licence has been submitted and the required fee has been paid the premises shall be deemed to be fully licensed until such date as the Chief Inspector grants or renews the licence or refuse in writing to grant or renew the licence.
The notice of occupation shall be in Form prescribed under
The notice of change of manager shall be in Form 4.
(1) Without prejudice to the general responsibility of the occupier to comply with the provisions of Section 7(A), the Chief Inspector may, from time to time, issue guidelines and instructions regarding the general duties of the occupier relating to health, safety and welfare of all workers while they are at work in the factory.
(2) The occupier shall maintain such records, as may be prescribed by the Chief Inspector, in respect of monitoring of working environment in the factory.