PRELIMINARY
1. Short title, extent
and commencement
2. Definitions
3. Submission of plans
4. Approval of plans
5. Certificate of Stability
6. Applications for registration and grant
of licence
7. Grant of licence
8. Renewal
of licence
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
1. Short title, extent and commencement:
(1)
These rules may be cited as the Factories Rules, 19.....
(2) These rules shall extend to
.....................................
2. Definitions:
In these rules unless there
is anything repugnant in the subject or context:
(a)
"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:
Provided
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
centigrade
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
(l)
"manager" means the person responsible
to the occupier for the working of the factory for the purpose of
the Act.
Rule
2A
COMPETENT
PERSON
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.
1.
Name
2.
Date of Birth
3.
Name of the
Organisation (if not self-employed)
4.
Designation
5.
Educational
qualification (copies of testimonials to be attached)
6.
Details of professional
experience (in chronological order)
Name of
the Organisation Period of Service Designation Area of Responsibility
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.
I undertake
(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.
Place &
Date
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)
Signature
Designation
Telephone No.
Official Seal
Date:
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.
Organisation’s 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
which Competency is sought for.
1.
2.
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.
8.
Declaration:
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.
Designation
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
or Shri
………………………… (Name of the person) employed in …………………….……….. (Name of the
Institution) to be a competent person for the purpose of carrying out tests,
examinations, inspections and certification for such buildings, dangerous
machinery, lifts and hoists, lifting machines and lifting tackles, pressure
plants, confined space, ventilation system available and process or plant and
equipment as the case may be, used in a factory located in …………….. under
Section …………….. and the Rules made thereunder. *
* 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.
(v) …………………………………..
(vi) ………………………………….
Station Official Seal Signature of the Chief Inspector Date
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
Act.
SCHEDULE
|
S.No. |
Section
or Rules under which competency is recognised |
Qualification
required |
Experience
for the purpose |
Facilities
at his command |
|
1.
|
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. |
|
|
2.
|
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. |
|
3.
|
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. |
|
4.
|
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. |
|
5 |
Section
31 – ‘Pressure
Plant’ |
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. |
|
6 |
(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. |
Master’s
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. |
|
7 |
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
factory
:
............................
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 :
............................
employed
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.
Signature
:..............................
Qualifications
:..............................
Address
:..............................
Date
:..............................
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.
6. Applications for registration and
grant of licence
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.
SCHEDULE
---------------------------------------------------------------------------------------------
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
Nil
10
50
100
---------------------------------------------------------------------------------------------
(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.
11. Procedure
on death or disability of licensee
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.
14. Prohibition
of use of premises as factory without a valid licence
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.
Form prescribed under sub-section (1) of Section 7
The
notice of occupation shall be in Form prescribed under
Form prescribed under sub-section (4) of Section 7 and Section 112
16. Notice of change of manager
The notice of change of manager shall be in
Form 4.
Rule 16A
GUIDELINES, INSTRUCTIONS AND RECORDS
(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.
