Factory Wing

I N F O R M A T I O N F O R C I T I Z E N

DEFINITIONS

APPLICABILITY OF FACTORIES ACT 1948 AND RULES THERE UNDER

The Act is applicable to the premises wherein: -

[1] Premises where in the manufacturing process is carried out employing TEN workers with the aid of power; or

[2] Premises where in the manufacturing process is carried out employing TWENTY workers without the aid of power; or

[3] Premises notified by the State Government under Section 85 wherein number of workers may be less than 10 or 20 with or without aid of powers.

Factories Act 1948, is a central act, enforced by the state governments, making the relevant rules to extend scope and objectives of the Act.

State has formulated its rules as envisaged under the Act, and they are called "The Gujarat Factories Rules, 1963

The Act is applicable to all the factories including factories owned by state, and Central Government.

Onus is on the part of the factory management to comply with the provisions of the Act and
Rules made there under.

GUIDELINES TO THE MANAGEMENT FOR COMPLIANCE:

To establish a factory under the purview of the Act, the factory management shall:

1. Obtain prior permission for construction of the factory building.
2. Obtain License before commencement of manufacturing process.
3. Comply with applicable provisions of law, which are in force.

1. APPROVAL OF PLANS OF THE FACTORY

An application for obtaining previous permission for the site on which the factory is to be situated and for the construction or extension of a factory shall be made to the Chief Inspector of Factories.

Application for such permission shall be made in Form No. I which shall be accompanied by the following documents:

(1) A flow chart of the manufacturing process supplemented by a brief description of the process in its various stages;

(2) Plans in duplicate drawn to scale showing - the site of the factory and immediate surroundings including adjacent buildings and other structures, roads, drains, etc.;

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 passage ways;

For chemical factories material safety data sheet (M.S.D.S.), all the chemical used and details in Schedule 7 of rule 68 J of Gujarat Factories rules 1963.

Provisions for the safe disposal of the solid, liquid and gaseous waste arising out of the processes carried out in premises and Annexure 4, Annexure 6 and Annexure 7 of Guide line for "On-site Emergency Plant"

Permission letter from local Authorities and N.O.C. wherever it is necessary

REGISTRATION AND LICENSING OF FACTORY

For new license.

License is issued only to the premises where the Act is applicable.

A previous permission in writing from the Chief Inspector of Factories is to be obtained before any factory building or premises is so constructed, Extended or taken into use as a Factory or part of Factory..

License only be issued after the plans of factory are approved by Chief Inspectors of Factories/by. Chief Inspector of factories and a Certificate of stability by the competent person in respect of Engineering construction in Form No. I-A has been submitted.

License will be issued only after receiving the application for the same and verifying it if necessary by visiting the premises of the factory.

Application for the license shall be submitted to the Chief Inspector of Factories/Factory Inspector's Office before commencing the operation in For m No. 2 (Triplicate) for the registration & Form No. 3(Duplicate) for the grant of license accompanied by a treasury challan for payment of fees.

A copy of the letter showing number and date of the plan approved by the Chief Inspector of Factories/Dy. Chief Inspector of Factories.

An Evidence for power i.e. copy of light Bill or order of releasing the connection by G.E.B. or A.E.C., as the case may be .

Detail of the Constitution of firm i.e. partnership deed in case of partnership, memorandum & Article of Associations in case of limited or Pvt. Ltd. Firm and copy of office bearers and constitution in case of co-operative sector.

Departmental strategy for new License:

1) License is given only for the premises to which Factories Act is applicable. After inquiring regarding amenability under Factories Act

2) Before using any building, place, or premises as a factory, it is required to take prior written permission of the Chief Inspector of Factories, Gujarat state.

3) License is given only to the factories whose plans are approved by the CIF or Deputy CIF and have submitted stability certificate from competent person, certifying stability of building, construction of the factory.

4) Once the application is made for registration to the department and if no order is communicated to the applicant within three months, the registration applied for in the said application shall be deem to be granted.

5) Existing factories fulfilling the applicability clause mentioned above, shall submit application for plan approval and registration along with the above listed documents at once.

6) All correspondence to with regards to registration of and grant of License shall be made either to the concerned area Inspectors or to the Chief Inspector of Factories, whose addresses are available in this website.

RENEWAL OF FACTORY LICENSE:

Following documents should be submitted for license renewal

1. An application in form No. 3 (Duplicate)
2. Treasury receipt (challan) of necessary fees.
3. Original License.
4. Flow process chart

Application should reach to the office not later than two months before the date on which the license is due to Expire For late application 25% additional fees is to be paid.

TRANSFER/AMENDMENT / ISSUE OF DUPLICATE LICENSE:

License is required to get his License transferred in case of change in the management/constitution/occupier, amended in case of change in the limits specified in the License with regard to No. of workers or power and obtain a duplicate License if the original License is lost, misplaced etc., for which the relevant documents to be submitted to the area inspector are:

Documents to be submitted for transfer and amendment:

1. Application in Form no.2 in triplicate;
2.Original License;
3.Documents connected with transfer or amendment or both;
4.Treasury receipt challan for Rs. 50 for each amendment or transfer;
5.A requisition letter from the occupier with reasons for getting duplicate License.

EXEMPTION PROVISIONS UNDER THE ACT

The Factories Act envisages exemption provisions, which can be availed by the management

EXCEPTIONAL PRESSURE OF WORK- EXEMPTION TO WORK ON OVERTIME:

Application shall be made by the occupier on a plain paper narrating the reasons for working over time with supporting documents, mentioning the period of such exemption required with number of personnel to be deployed on overtime work with their willingness to work;

Application shall be made in duplicate to be submitted through area inspector to Chief Inspector of Factories.

Application shall be made at least 15 days prior to the engagement of workers on overtime work.

Exemption will be granted after scrutiny and perusal of the documents.

Exemption will be granted for a quarter at a time starting with January, April, July and October.

The exemption granted restrict the overtime hours to 75 hours in a quarter per quarter in addition to other conditions mentioned in the exemption order.

Please note that the Act prohibits granting of overtime exemption in respect of female workers.

EXEMPTION FOR MAINTAINING REGISTERS IN PRESCRIBED FORMS:

Act stipulates provisions for granting exemption to maintain registers in prescribed forms provided all the required information's are available in the format which the management desires to maintain.

Such application may be made to the Chief Inspector of Factories, along with the intended format with reasons thereof.

OTHER SPECIFIC EXEMPTIONS ENVISAGED UNDER THE ACT

Applications can be made to the Chief Inspector of Factories, for availing specific exemptions under the relevant provisions of the Act giving reasons with supporting documents, affixing

STATUTORY AMENITIES TO BE PROVIDED IN THE FACTORIES:

Statutory amenities have to be provided in the factories as a compliance of Welfare measures. The type of amenities and its number relates to the number of men/women workers employed in the factory.

Sr. No.	Type of amenity	NO. of workmen required	Nos. to be provided.
1	Drinking water points		Adequate supply at 5litres/worker
2	Cooled supply of water	250	One such water center for every 150 worker
3	Latrine accommodation		One for 25 separately for male and female
4	Urinal accommodation		One for 50 workers.
5	Washing facility		Adequate and suitable facilities with soap, nail brushes and other suitable means of cleaning
6	First aid appliances		One equipped first aid box per 150 persons in each department and on each floor.
7	Ambulance room	500	With all amenities and personnel.
8	Rest room/shelter/lunch room	150	With adequate accommodation and facilities
9	Crèche	30 female	With adequate facilities and personnel
10	Canteen	250	With adequate facilities and personnel
11	Occupational Health Centers (OHC) (in respect of hazardous process industries)	50 200 50 200	The services of a medical officer on retainer ship basis OHC with area of 15 sq. meter & With adequate facilities and personnel OHC with area of two room (each 15 sq. meter) & With adequate facilities and personnel

STATUTORY APPOINTMENTS TO BE MADE:

Sr. No.	Particulars of appointment	No. required	Qualification
1	Safety officers (for factories employing more than 1000 workers and notified factories)	One per thousand	Diploma in Industrial Safety.
2	Welfare Officers (for factories employing more than 500 workers)	One per 500 up to 2000 and one additional per every 1000.	Degree or diploma in social science with personnel management.
3	Factory Medical Officer (in respect of industries involving hazardous processes)	One for 500 workers and one more for additional 1000	Degree under the Medical Degree Act and certificate course in occupational health.
4	Supervisors (in factories involving hazardous processes)		A degree in chemistry or diploma in chemical eng. with experience.
5	First aid trained personnel	Adequate Nos.	Workers of the factories shall be trained in the recognized institutions.
6	Qualified nursing staff (wherever crèche facilities are provided)	One woman in charge & one female attendant for every 20 children.	Women in charge should possess nurse's qualification.

STATUTORY REGISTERS REQUIRED TO BE MAINTAINED UNDER THE FACTORIES ACT, 1948 AND RULES MADE THEREUNDER:

It is obligatory on the part of the management to maintain the following registers with up to date entries:

· Muster Roll in Form No.28
· Register of adult workers in Form No.15
· Register of leave with wages in Form no.18
· Register of accident or dangerous occurrence in Form no.29
· Inspection book in Form No.31
· Overtime register in Form no 13 in respect of exempted workers and corresponding duplicate copy of the overtime slip for the workers
· Health registers in Form no. 20, 32 in respect of factories involving hazardous processes and dangerous operations.

STATUTORY NOTICES TO BE DISPLAYED:

The following statutory notices or displays shall be displayed at conspicuous place in the factory premises.

· Notice of periods of work in Form no.14 along with weekly holiday, name and address of the inspector and the medical officer;
· Abstract of the Act and rules made there under in Form no.23
· Relevant cautionary notices wherever required;
· Safety and health policy of the factory;

STATUTORY RETURNS TO BE FURNISHED UNDER THE FACTORIES ACT WITH DUE DATES:

· The factories Manager of all the registered factories are required to submit the following returns to the area inspector.
· Annual Return in Form No.24 on or before 1st February of subsequent year;
· Half yearly Return in Form no.25 on or before 15th July of the calendar year;

STATUTORY PERIODICAL EXAMINATIONS OF PLANTS AND EQUIPMENT TO BE CARRIED OUT

· Factories Act, envisages provisions for periodical tests and examinations of   the following equipment and plant used in the factory.
· Lifting machine and connected Lifting tackles and overhead cranes.
· Lifts and Hoists.
· Pressure vessels and pressure plants.
· Power presses;
· Ventilation system;
· Solvent extraction plants;
· Dust Extraction system etc.,
· Tests and examinations shall be carried out by the competent person   recognized by the Chief Inspector of Factories, Gujarat State.
· The result of test and examinations shall be maintained in prescribed forms   issued by the competent person.

Departmental strategy for disposal of License applications and plans:

Departmental strategy for new License:

· License is given only for the premises to which Factories Act is applicable.
· Before using any building, place, or premises as a factory, it is required to   take prior written permission of the Chief Inspector of Factories, Gujarat   state.
· License is given only to the factories whose plans are approved by the CIF or   Deputy CIF and have submitted stability certificate from competent person   given certifying stability of building, construction of the factory.
· License will be given to any factory after inquiring regarding amenability   under Factory Act.

For approval of plans:

· If required details given in plan, and concerned documents are verified personally on site by Factory Inspector and in fit cases plans are sent to approving authority with the necessary recommendation. Otherwise applicant is inquired about the queries in plan. After this correspondence, plan submission is considered as fresh.

· After approval of factory plans whenever there is change due to expansion / new construction / machinery layout / alteration in chemical process, plans are required to be approved again regarding the change.

Time Limit for disposal of work

Sr.No.	Subject	Concerned officer	Time limit for work disposal

1(a)	Application for new License (for factories having more than 50 workers.)	Chief Inspector of Factories, Gujarat state, Ahmedabad.	90 days after plan approval.
1(b)	Application for new License (for factories having less than 50 workers.)	Deputy Chief Inspector of Factories.	90 days after plan approval.
2(a)	Plan approval (for factories having more than 50 workers.)	Chief Inspector of Factories.	90 days.
2(b)	Plan approval (for factories having less than 50 workers.)	Deputy Chief Inspector of Factories.	90 days.
3	License renewal application.	Deputy Chief Inspector of Factories.	Will be sent with recommendation to office of Deputy Chief concerned in 90 days.
4	Application for amendments in License.	Deputy Chief Inspector of Factories.	Will be sent with recommendation to office of Deputy Chief concerned in 90 days.
5	Complains.	Concerned Factory Inspector.	30 days.
6	Other applications.	Concerned Factory Inspector.	30 days.

Instructions to citizens regarding office work

· The office is open for public from 10:30 AM to 6:10 PM on all working days.

· Factory Inspectors, being field officers, except Chief Inspector of Factories and Deputy Chief Inspector of Factories will be available to citizens on their fixed office days during 3:00 PM to 5:00 PM.

· Proper arrangements are made in each office of Factory Inspector so that applicant citizens can contact concerned officer.

· Any citizen can meet the Chief Inspector of factories for difficulty or complaint concerning the department.

· For efficient disposal of work related to public representation, applicants are required to submit all the relevant documents as evidence.

· All application forms are available in Gujarati. (Now available online also.)

· Citizen's complaint against administration-staff, regarding their attitude, is inquired immediately.

· Cognizance is taken of information received on phone and necessary action is taken.

· It is expected that there will not be any interference from citizens for transfers of staff so that administration can be neutral and transparent.

· It is expected that no external pressure will be exerted upon the Factory Inspectorate administration to take decision against law on established rules.