Which unit comes under the
purview of the Factories Act?
(a) Any place/premises/unit wherein the*following types of
work/premises are carried on with the aid of electrical power or mechanical
power or wind power or solar power of atomic power or in combination of more than
one of these powers and if in the said work at least 10 workers are
engaged even on one day during the period from January to December, the said
unit/ place/premises will be a “Factory” under the provisions of the Factories
Act and Rules made there under.
(b) If there is no
power utilized in the work/process i.e. the work/process is carried on only by manpower, in that case it will be
a ”factory” only when at least 20 workers are engaged even on one day during
the period from January to December.
Thus it
is not necessary that there should be at least 10 workers with power or
20workers without power engaged through out the year for a unit/place/premises
to come under the purview of the
Factories Act. There may be less than 10 workers engaged regularly (with power)
or less than 20 workers (without power), but 10 or more workers were engaged
even for a day during preceding 12 months or are likely to be engaged (with
power) and 20 or more workers were engaged or are likely to be engaged (without
power), the premises will be a “factory” for the purpose of the Factories Act
& Rules.
2.
The following categories of
units will come under the purview of the Factories Act and Rules irrespective of use of power and
the number of workers engaged therein. That means, if there is even only one worker working with the aid of
power or without the aid of power in
the following categories of factories, the same will come under the purview of
the Factories Act and Rules.
(i)
Printing Press and (or)
book etc. binding works.
(ii)
Saw Mills.
(iii)
Automobiles workshops or
any other Engineering workshop dealing in repairing, altering, ornamenting,
finishing, washing of any Metal products.
(iv)
Rice Mills, Flour Mills,
Oil Mills.
(v)
Soap manufacturing units.
(vi)
Ice, Ice cream, Ice candy
manufacturing.
(vii)
Medicine and Medicinal
products unit.
(viii)
Units dealing in
manufacturing, packing, repacking or finishing of monkey-nut and powdered spices.
(ix)
Manufacturing of brick
tiles, refractory materials, ceramic or mosaic goods.
(x)
Manufacture or repair of
storage batteries.
(xi)
Jute bailing and pressing.
(xii)
Rethreading and Moulding of
tyres.
(xiii)
Milling of any kind of Dal.
(xiv)
Spinning, Weaving or
Knitting, finishing (including dying) of any textile material, hosiery
materials, carding and breaking of cotton.
(xv)
Manufacture or repair of
any electrical equipments, apparatus or appliances or devices.
(xvi)
Pimping of water, sewage
etc.
3.All the categories of units
mentioned in para 2 & 3 will be “factories” and will require Registration
under Factories Act and also a valid Factory Licence for their operation.
4.How to apply for Registration
and Factory Licence?
STAGE – (A).
The owner/ occupier shall first
apply for approval for construction of the factory shed/building in prescribed
form NO. 1.(annexed). He/She is to submit
following documents duly signed along with form NO.1.
(i)
Plan, front elevation of
the factory shed and cross sectional view at any suitable point in triplicate
showing therein the plant and machinery layout/position, aisles, passage ways,
natural ventilation, means of escape in case of fire.
(ii)
Site plan in triplicate
duly signed.
(iii)
List of machineries to be
installed and floor space to be occupied by each machine/equipment.
(iv)
List of chemicals and gases
likely to be used and quantity of each chemical/gas to be stored at a time
(v)
Physical and chemical properties of chemicals and gases.
(vi)
Flowchart of manufacturing
process from raw material stage to end product.
(vii)
Purchase/lease deed of the
land on which the factory is proposed to be set up.
(viii)
No. of shifts to be run.
(ix)
No. of maxm. Workers likely
to be engaged in each shift including manager, factory office clerk, Night
guard, Drawn/peons, Driver etc. with break up of male and female workers.
(x)
Nature and amount of power
to be utilized (Elec. Power/Mechanical power, Wind power, Solar Power etc.)
(xi)
If captive power plant in proposed to be installed, the capacity
of the same.
STAGE
–1(AA).
In
case the work in the factory involves “Hazardous Process” as defined in Section
2(cb) of the Factories Act (List of Industries with Hazardous Process annexed);
the owner/occupier will simultaneously apply for approval of the proposed site
of the factory in prescribed forms and manner to the Chairman of the State Site
Appraisal Committee (Chief Inspector of Factories & Boilers).
STAGE
–1(B).
In
case the factory further comes under the “Manufacture, Storage and Impost of
Hazardous Chemicals Rules-1989” framed under the E P Act, 1986; the
owner/occupier shall have to submit report in Schedule-7 at least 3 months
before starting the Hazardous process. He is also required to submit Safety
Report in Schedule-8 and Material Safety Data Sheet in Schedule-9 of the said
Rules
STAGE
–1(C)
The
Area Inspector of Factories shall inspect the site of the proposed factory and
send recommendation to the Chief Inspector of Factories & Boilers for
approval. The Chief Inspector of Factories & Boilers himself may also conduct inspection if he feels so
before according approval. In case of
hazardous factory, the entire site appraisal committee will meet and discuss
and make site inspection and shall recommend to the Government for acceptance
or rejection as the case may be.
STAGE
–2
After getting approval
of the factory shed/building and site, the owner/occupier shall start
construction and installation of machinery as per the approved layout. On
compilation of the above-mentioned works, he would report to the Inspector of
Factories concerned and the Inspector of Factories with the approval of the
Chief Inspector of Factories & Boilers shall inspect the factory. On being
satisfied after inspection, the owner/occupier shall be asked to submit
prescribed forms-2&3 (in duplicate) and also to deposit registration and
license fee (Schedule annexed under process for amendment).
STAGE-3.
The
occupier/owner shall submit the same
and thereafter the Chief Inspector of Factories & Boilers shall
grant registration and factory license to operate the factory.
STAGE
–4.
The
factory license shall remain valid up to 31st December of the year
in which it is granted. Thereafter owner/occupier is to apply for renewal of
the factory license in prescribed Forms – 2 & 3 (in duplicate) for every
calendar year by depositing renewal fee which is equal to the registration and
license fee, provided there is no addition
or alteration of the manpower of plant-machinery. The renewal application along
with original copy for treasury challan depositing the renewal fee shall be submitted so as to reach the office of
the Inspector of Factories concerned at least 30 days before the date of expiry of licence. In case of failure and
submission of application after the due date as mentioned, 25% additional fee
on the licence fee shall recovered not-withstanding legal actions for running
the factory without valid factory licence.
STAGE
–5.
Any
extension of the factory would require prior approval of the Chief Inspector of
Factories & Boilers. For this purpose, the owner/occupier of the factory
shall apply to the Chief Inspector of Factories & Boilers through the
respective Inspector of Factories enclosing therewith a detailed plan,
elevation and cross-sectional view of the proposed extension work vis-à-vis
original factory plan and layout (in triplicate) duly signed by the occupier/occupier. On examination of
proposed extension site and proposed machinery position, approval for extension
will be granted by the Chief Inspector of Factories & Boilers and the
Occupier/owner shall start work on receipt of one copy of the approval
extension plan.
**VIOLATION
OF ANY PROVISION OF THE FACTORIES ACT & RULES SHALL ATTRACT PUNISHMENT OF
FINE UP TO Rs.1.00 LAKH OR IMPRISONMENT UP TO TWO YEARS OF BOTH.
In
case of installation of Boiler for the
process work, separate approval for the boiler, steam pipe lines and also
operational certificate to be granted by the Chief Inspector of Factories &
Boilers under the Indian Boiler Act, Regulation and Rules will be required. For
this purpose, the factory owner/boiler owner shall submit detailed
manufacturing design and drawing of the
boiler as approved by the Chief
Inspector of Factories & Boilers of the manufacturing state alongwith I B R certificates and
test results of boiler and
Boiler-accessories to the Chief Inspector of Factories & Boilers. The owner/occupier shall also
apply for state registration of the boiler in prescribed form B-I(annexed) after depositing the required
registration fee (Schedule annexed). The owner/occupier shall also submit steam
pipe line layout drawing in triplicate in prescribed forms and manner after
depositing testing fee.
STAGE-7.
The
Chief Inspector of Factories & Boilers will inspect the boiler and conduct
test and issue operational certificate. For the steam pipe lines, the Chief
Inspector of Factories & Boilers shall inspect the site of installation,
conduct material-inspection of the pipes and pressure parts/accessories, carry
out test for the welder and grant approval on being satisfied.
STAGE-8
The
owner shall fabricate and install the steam pipe lines and inform the Chief
Inspector of Factories & Boilers, the Chief Inspector of Factories & Boilers shall thereafter conduct
test of the pipe lines and grant approval for its use.
STAGE-9.
The
Boiler Operational Certificate remains valid from 12 months from the date of
conducting the hydraulic test. The owner shall have to offer the boiler for
annual inspection and testing and renewal of certificate before expiry of the
operational certificate in the same form B-1 after depositing required testing
fee. The owner shall prepare the boiler for testing in prescribed
manner(annexed) before offering it for inspection.
STAGE-10
The
Chief Inspector of Factories & Boilers himself or Inspector of Boilers
shall conduct inspection and testing and on being satisfied, renewal operational certificate for 12 months shall
be granted by the Chief Inspector of Factories & Boilers.
***VIOLATION
OF INDIAN BOILERS ACT, REGULATION OR RULES IS A PUNISHABLE OFFENCE BESIDES, IT
MAY CAUSE DEVASTATIVE ACCIDENTS.
FOR
FURTHER INFORMATION PLEASE CONTACT.