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Overview

As per the Factory Act 1948, it is mandatory for every factory owner to register their premises with local authorities before starting their business. The factory license serves as a document of approval granted by the authorities to perform construction activities. The department of factories and boilers issues factory licenses. It is the duty of the factories and boiler department to keep a check on the health, safety and welfare of workers.

The Factories Act 1948, states that a factory must seek approval of its building plan from the Department of Labor and Employment before it can cover itself for a factory registration. Under this Act, registration and renewal of factory licenses are also done to ensure the safety of workers.

Factories Act, 1948

Section 6 of the Factories Act, 1948 defines the procedure for registration and licensing:

  • Send detailed information of factories or business plans to the Chief Inspector or to the State Government
  • In case of changing and developing any plant within a stipulated time period, charges will not be levied for the expansion of the factory if the factory is carrying out its activity keeping in view the environmental conditions

The following circumstances require a factory license to be obtained for the following circumstances:

  • If ten or more workers in the factory are involved in manufacturing activities
  • If there are twenty or more workers in the factory, working without the use of electricity for manufacturing activities

Registration process

Section 6 of the Factories Act empowers the State Government to conduct rules relating to licensing and registration of factories under the Act on the following matters:

 

The state government may make rules for planning or delineation of construction plants. The association requires previous consent from the state government or the chief reviewer for the development or growth of an industrial facility. In any case, expansion or replacement of existing hardware does not result in an increase if there is no reduction in protected work space and furthermore is not dangerous to the well being and voice of the delegates.

The plan and details must be submitted to obtain these consents (application of permits). It recommends the nature and details of such plans, and from which it will be confirmed. Likewise recommends the expenses payable for registration / license / renewal of license.

The Act requires a time period to be granted before issuing or re-establishing a license. Section 7 of the Factories Act 1948 deals with the provisions identifying with it. According to this section, the occupant of the production line premises will have to work on a prepared notification to the experts related to the preceding 15 days associated with the premises.

  • Submission rules
  • Nature of plans and fees payable
  • License Renewal
  • Information content
  1. Style of manufacturing process
  2. Provide the name and address of the factory and its owner
  3. Communication Address
  4. Factory mounted horsepower
  5. Number of employees
  6. Manager Name
  • Appoint a new manager

If you have appointed a new manager, the administration will illuminate it properly and conveniently to enlighten the Chief Auditor, who has 7 business days to join. Nevertheless, without a determined supervisor, we as the administrator of the production plant think of the occupancy of the construction plant.

If the demand for consent (properly terminated) is sent to the state government or chief inspector through a post listed, and if no correspondence has been sent within 3 months of the date sent, the application is considered at that point. Goes for approval. This is known as automatic approval.

The license is required under the

rule for all licensing officers to satisfy all legal requirements.

If the Chief Inspector does not agree to the development / expansion of the manufacturing plant, the candidate can propose the same again to the State Government. Or on the other hand, if the state government does not allow the authority, then the candidates can claim the central government again. As far as possible the date of refusal is 30 days from the date of refusal.

Section 6 of the Factories Act acts as a powerful tool for the government, it has certain rules and laws that define licensing / construction / expansion for factories.

 

inspection process

Site inspection involves the steps mentioned below by step process:

Identification of installations

Randomized computerized risk assessment technique is used to inspect the installation.

Observation

  • Joint team of inspectors will conduct inspection
  • The team has a minimum of two inspectors and one of the concerned authority, Assistant Labor Commissioner, Labor Enforcement Officer, Assistant Director as per the availability of the factory.

Inspection Report

  • The inspection team submits the report on the departmental portal with a unique number
  • It is the duty of factories / establishments / units to manage and download unique numbers and download inspection reports.

Non-Compliance Notice

  • In case of any non-compliance, the department may issue notices to the establishments / factories to rectify the defects.
  • After the compliance report is submitted by the Department of Labor, it is important to have the necessary compliance within 15 days for the establishment and inform the Labor Department about the same.

Last action

Accepting Compliance Report

License Approval

In the event that an application is made for the development or expansion of the processing plant and the approval of the site for necessary plans and details, the State Government or Chief Inspector is put together by register post or through the portal . And if no response is received within one month from the date of use then it will be confirmed naturally. If the application is not approved for thirty days from the date, it is naturally rejected by the framework and then an email or SMS is sent to the registered candidate, in such cases the candidate will be able to modify the mistakes or face Resubmit the application structure to apply.

Required Documents for Site Plan Approval

  • Form-1 (Description of room in factory)
  • Questionnaire for Form-1
  • Certificate of stability
  • Fire's NOC
  • UPPCB's NOC
  • Process Flow Diagram
  • NOC from the local body / local authority
  • NOC from Explosives Division
  • NOC from others
  • Building Drawing Copy
  • NOC from Electrical Safety
  • Proof of ownership of factory building premises
  • Site Notification
  • Memorandum Articles
  • List of Directors
  • Resolution for the announcement of Occupier
  • Security Report
  • On-site emergency planning
  • Health and Safety Policy

Required Documents for registration

  • Installation photo
  • Proof of Identity
  • DIN or PAN card
  • Treasury Challan / Bank Name

Required Documents for Renewal

  • Farm-4
  • Farm-4B
  • Treasury or online invoices

Registration.....