Rule 161. Competent Person

(1) The Chief Inspector-cum-Facilitator may recognise any person as the competent person within such area and for such period as may be specified for the purposes of carrying out tests, examinations, inspections and certifications for such buildings stability, ventilation system, power presses, confined spaces, thermic fluid heaters, centrifuges, oven and driers, dust extraction system, blasting enclosures and such other processes of plant and equipment as stipulated in the Code and the rules made thereunder located in an establishment, if such person possesses the qualifications, experience and other requirements as Notified by the state government from time to time.

Provided that the Chief Inspector-cum-Facilitator may relax the requirements of qualifications in respect of competent person if such a person is exceptionally experienced and knowledgeable but not the requirements in respect of the facilities at his command:

Provided also that the ‘Competent Person’ to be recognised under this rule shall not be above the age of sixty-two years and shall be physically and medically fit for the purpose of carrying out the requisite tests, examinations and inspections

(2) The Chief Inspector-cum-Facilitator may recognise an institution or organization of repute, having persons with such qualifications and experience as specified in the notification, for the purposes of carrying out tests, examinations, inspections and certification for buildings stability, ventilation system, conveyors, power presses, confined spaces, thermic fluid heaters, centrifuges, oven and driers, dust extraction system, blasting enclosures and such other processes of plant and equipment as stipulated in the Code and the rules made there under as a competent person within such area and for such period as may be specified

(3) A person or institute seeking recognition under the Code shall apply online in the forms as prescribed in the notification issued by the Government.

(4) The Chief Inspector-cum-Facilitator on receipt of an application in the prescribed form from a person or an institution intending to be recognised as a ‘Competent Person’ for the purposes of this Code and rules made there under shall register such application and within a period of sixty days of the date of receipt of the application either after having satisfied himself as regards competence and facilities available at the disposal of the applicant, recognise the applicant as a ‘Competent Person’ and issue a certificate of competency in the form as prescribed in the notification issued by the Government or reject the application specifying the reasons therefore

(5) The Chief Inspector-cum-Facilitator may after giving an opportunity to the Competent Person of being heard, revoke the certificate of competency, a. If he has reason to believe that a Competent Person (i) has violated any condition stipulated in the certificate of competency; or

(ii) has carried out a test, examination and inspection in a manner inconsistent with the intent or the purpose of this Code or the rules made there under; or

(iii) has omitted to act as required under the Code and rules made there under b. for any other reason to be recorded in writing

(6) Annual Report: the recognised competent person/ institute/ organisation shall submit the report on work done during the calendar year in the month of January of succeeding year to the Chief inspector cum facilitator.

(7) Penal Action: If an individual/ institution/ organization recognised as competent person for the purposes of carrying out tests, examination, inspections and certifications under this code and rules made there under is found violated any terms and conditions stipulated in the certificate of recognition or has carried out the work or has acted in a manner inconsistent with the intent or the purpose of the Code and the rules made there under or has omitted to act as required under relevant provisions of the Code and the Rules or any other reasons, to be recorded in writing, the Chief Inspector cum facilitator may, after giving the opportunity of being heard to the recognised competent person , revoke the certificate of recognition and if deemed necessary, may permanently blacklist the said competent person for carrying out tests, examination, inspections and certifications in Factories in the State of Andhra Pradesh.