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Factories Act &
Rules
Procedural Details
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) (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(A).
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.
1. Inspector of Factories(HQs).Room NO.9, Factories &
Boilers Organisation, Suraksha Bhavan, Pandit Nehru
Complex(Gurkhabasti), Agartala- 799006.
2. Inspector of Factories, West Tripura District,
3. Inspector of Factories, South Tripura District, Kalachand
Road, Udaipur.
4. Inspector of Factories, North Tripura District,
Motorstand Road, Kailashahar.
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