Rule 117. Approval of site, Construction or extension of a factory

(1) In the case of any factory where,

(a) any hazardous process of the nature specified in the First Schedule of the Code is proposed to be carried on, whether or not with the aid of power and notwithstanding that the number of persons employed is less than any number specified in Section 2(w) of the Code; or

(b) The installed power is proposed to be or extended to be more than 30 H.P.;

No site shall be used for situating a factory nor shall any building in a factory be constructed, extended or taken into use as a factory or part of a factory and no machine or plant or any permanent fixture shall be installed or fixed, nor shall any manufacturing process be carried on in any factory or part of a factory, unless the occupier or the owner of the factory obtains the previous permission in writing approving the plans from the Chief Inspector-cum-Facilitator.

(2) The owner or occupier of every factory falling under sub-rule (i) may send to the Chief Inspector-cum-Facilitator, an application in Form-XXIII as made available in the online Single Desk Portal or any other portal notified by the State Government, along with Plans, required particulars and scrutiny fee paid online as detailed below:

(a) Site plan drawn to a scale of 1:400 or 800 or1200 and duly showing the details of the neighborhood of the premises, location of all buildings/ sheds, plant and machinery, storages, Internal roads, set-backs in the premises and North direction etc.

(b) Detailed plans (Plan, elevation and sectional views) drawn to a scale of 1:100 showing the proposed factory sheds/ buildings, Material of construction, layout of plant and machinery with HP particulars, storages, Provision for Ventilation, Illumination, Means of escape etc.

(c) A flowchart and description of the manufacturing process

(d) If hazardous process is involved, the details of the chemicals used and their MSDS, Appropriate Risk assessment reports, arrangements proposed for effective removal of dust, fumes, gases and disposal of trade wastes and effluents etc.

(3) Plans Scrutiny fee and evaluation shall be paid online as given below Sl.No Maximum Installed Horse Power Amount 1 Upto100HP Rs.1000 2 101HPto500HP Rs. 3000 3 501HPto1500HP Rs. 5000 4 1501HPto10000HP Rs. 10000 5 10001HPto20000 HP Rs. 20000 6 Above 20000HP Rs30,000

Provided that the above fee shall be as modified by means of a notification issued by the Government from time to time

(4) The State Government may declare from time to time by notification, the scrutiny fee and any other charges, for approval of plans

(5) The plans shall be got prepared by a qualified draftsman duly reflecting the compliance of various requirements intended for serving the interest of Safety, Health and Welfare of the workers under this code. If the draftsmen are empanelled for this purpose through a scheme notified by the State Government for this purpose, the plans shall be got prepared only by such empanelled draftsman.

(6) The plans which are prepared using CAD and converted into PDF or any other format prescribed by the Chief Inspector cum facilitator, shall only be uploaded into the Single Desk portal or any other portal as prescribed by the Chief Inspector cum facilitator for seeking approval of plans.

(7) If the Chief Inspector-cum-Facilitator is satisfied that the plans sent under sub-Rule (ii) are in accordance with the requirements of the Code, he shall accord the approval ONLINE within 7 working days after the date of receipt of the plans.

(8) If the Chief Inspector-cum-Facilitator is of the opinion that the plans sent under sub-rule (2) are not in accordance with the requirements of the Code or if he finds it fit or expedient to do so, reject the permission applied and inform the same to the applicant ONLINE.

(9) If no order is communicated to the applicant within seven working days after the date on which the application has been received ONLINE, the permission applied shall be deemed to have been granted.

(10) For the purposes of this rule, for computing the quantity of power, the power for the plant, machinery used in the manufacturing process, or the installed horse power of any captive generation of power, whichever is higher, shall be taken into account and no account shall be taken of the power for lighting, or for any office equipment or appliances or any stand by captive generation of power.

(11) In the case of any factory not covered by sub-rule (1)(a) or (1)(b) of this rule, the Government or the Chief Inspector-cum-Facilitator may, having regard to any special circumstances in any particular existing or proposed factory, by order, require the owner or occupier to submit the particulars and plans of the factory ONLINE within thirty days of the service of the order and they shall be dealt as prescribed in sub-rule (7) or (8) above.

(12) No manufacturing process shall be carried on in any factory which is not in accordance with the plans approved by Chief Inspector cum Facilitator.

(13) At any later stage, subsequent to the approval of the plan, if it comes to the knowledge/ notice of the plan approval authority that, the applicant has obtained such approval by submitting or furnishing false information, documents, details or any suppression of facts relevant to such approval or fraudulent or forged documents, the Chief inspector cum facilitator, after duly giving reasonable opportunity of being heard to applicant by speaking order, can revoke/ cancel such approval.

(14) The approval accorded above shall stand cancelled if the construction work is not initiated within 2 years from the date of issue of the approval, after duly giving reasonable opportunity of being heard to applicant by speaking order, can revoke/ cancel such approval

Rules prescribed under Sub-Section1(c) of Section 79: