Rule 64. Rules in respect of factory or class or description of factories under sub-section (1) of section 79

(1) Submission of plans.—The State Government or Chief Inspector-Cum-Facilitator shall require, for the purposes of the Code, submission of plans of any factory which was either in existence on the date of commencement of the Code or which has not been constructed or extended since then. Such plans shall be drawn to the scale showing –

(a) the site of the factory together with lattitute and longitute off all corner and immediate surroundings including adjacent buildings and other structure, roads, drains, etc.;

(b) the plan, elevation and necessary cross sections of the factory buildings indicating all relevant details relating to natural lighting, ventilation and means of escape in case of fire, and the position of the plant and machinery, aisles and passageways; and

(c) such other particulars as the State Government or the Chief Inspector-Cum -Facilitator, as the case may be, may require.

(2) Approval of plans. –

(i) No site shall be used for the location of a factory or no building in a factory be constructed, reconstructed, extended or taken into use as a factory or part of a factory, or any other extension of plant or machinery carried out in a factory unless previous permission is obtained from the State Government or the Chief Inspector-Cum-Facilitator of Factories.

(ii) Application for such permission shall be made in Form XXII and shall be accompanied electronically along with documents mentioned in the Form.

(iii) If the Chief Inspector-Cum-Facilitator is satisfied that the plans are in consonance with the requirements of the Code he shall, subject to such conditions as he may specify, approve them electronically; or he may call for such other particulars as he may require to enable such approval to be given electronically.

(iv) If the Chief Inspector-Cum -Facilitator is of the opinion that the plans uploaded under sub-rule (ii) are not in accordance with the requirements of the Code, or if he finds it fit or expedient to specify any conditions of approval, including conditions relating to cancellation or modifications of prior approvals, he shall, after giving the applicant a reasonable opportunity of being heard, send to the applicant a speaking order through online either approving the plans subject to such conditions as may be specified therein or refuse the permission applied for.

(v) If no order is communicated to the applicant within thirty days from the date on which the application has been uploaded through online, the permission applied for shall be deemed to have been granted and certificate of deemed approval shall be automatically sent to the applicant electronically.

(3) Certificate of Stability.—No manufacturing process shall be carried on in any building of a factory constructed, reconstructed or extended, or in any building which has been taken into use as a factory or part of a factory until a certificate of stability issued by a Competent person as defined in Section 2(l) of the Code and the same been accepted by chief inspector cum Facilitator.

(4) Applications for grant of licence.—The occupier of every factory shall submit to the inspector -cum-facilitator of the area concerned under whose jurisdiction the factory is situated an application electronically in Form XXIII for grant of a license.

Provided that the occupier of premises in use as a factory on the date of the commencement of these rules shall submit such application within six months from the date of commencement of these rules.

(5) Grant of licence.—

(i) The Occupier of every factory, shall at least fifteen days before commencing any manufacturing process in any factory upload through online an application for grant of the licence in the prescribed Form XXIII along with online payment of licence fee as per SCHEDULE III.

(ii) The Occupier of every factory, shall at least fifteen days before commencing any manufacturing process in any factory shall apply for grant of licence to work a factory in Form XXIII along with online payment of licence fee as per SCHEDULE III and such application shall be submitted to the Inspector cum facilitator of Factories of the area concerned under whose jurisdiction the factory is situated who after making such enquiries as he may deem fit , about the correctness of the particulars and on payment of fees specified in the specified Schedule grant a licence for the factory in Form XXIV on such terms and conditions as may be specified with the approval of the Chief Inspector cum facilitator of Factories.

(iii) The Inspector-cum-facilatator on notice any defect in the license application or violation of any provision may be a speaking order and after giving the applicant a reasonable opportunity of being heard, refuse to grant a licence electronically:

Provided that if no order is communicated to the occupier within a period of 30 days from the date on which the occupier has sent intimation under sub rule (ii) (a), the license shall be deemed to have been granted and thereupon the license shall be issued forthwith.

(iv) If the grant of license has not been refused in accordance with sub-rule (iii), the Inspector shall grant the license in Form No. XXIV and send the license to the applicant electronically.

(v) Every Licence granted shall cease to remain valid after the closure of manufacturing process or any other change in the current issued licence or it has been duly cancelled and shall be valid up to a maximum of 10 years.

(6) Renewal of licence.—

(i) Initially the licence shall be issued for the period of 10 years and it shall be auto-renewed thereafter for the number of years applied for, subject to maximum of ten years at one time and on payment of prescribed fee as per the Schedule II. Provided the Factory meets the safety guidelines.

(ii) An application for renewal of licence shall also be in Form XXIII along with self decleration that no specification change has occurred, and shall be submitted electronically to the Inspector–cum-Facilitator of the area concerned not later than the date on which the licence expires..

(iii) If the application for renewal of license is not done within 30 days of the expiration of licence the prescribed late fee for Renewal shall be 50% of prescribed fee and after 90 days of the expiration of licence, the prescribed late fee for Renewal shall be 100% of the prescribed fee.

(iv) If the licence is not renewed within 02 years from the expiration of licence, the licence shall be cancelled.

(7) Amendment of licence.—

(i) The occupier of a factory shall, within fifteen days of occurrence of any change in the name or in particulars of the maximum power installed or maximum number of persons employed, or any other change in the existing licence, apply through online for amendment of the licence stating the nature of amendment to be made and the reasons there for together with online payment of prescribed fee to inspector -cum-facilitator of the area concerned in Form XXV.

(ii) When there is any increase in the number of workers employed or in the rated capacity of the machinery and plants installed in terms of H.P. or K.W. installed, resulting in an increase in the amounts of fee payable for the license as compared to the fee already paid or when there is any other change requiring amendment in the license already granted or renewed, the occupier of the factory shall, within 15 days of the increase or change as the case may be, submit an application in Form XXV to the Inspector cum facilitator of factories for amendment of the license, stating therein the nature of amendment required and the reasons therefor.

(iii) The fee for the amendment of license shall be five hundred rupees.

Provided that when there is any increase in the number of workers employed or in the rated capacity of the machinery and plants installed in terms of H.P or. K.W. installed, resulting in an increase in the amounts of fee payable for the license as compared to the fee already paid, fee for amendment of license shall be five hundred rupees plus the amount by which the fee that would have been payable if the license had originally been issued in the amended form exceeds the fee originally paid for the license

(iv) The license already granted shall cease to remain valid after the change or increase in the number of the workers or in the installed capacity or any other change as aforesaid unless the occupier has filed an application and paid the required fee as laid down in these rules within fifteen days from the said date of change or increase.

(v) Provided further that no such amendment of a license will be made by the Inspector cum facilitator without obtaining prior approval of the Chief Inspector cum facilitator.

(8) Transfer of licence-

(i) When there is any change of the occupier of factory before the expiry of the licence the new occupier shall within 30 days of the transfer, apply to the Inspector cum facilitator cum facilitaor of Factories of the area concerned for transfer of licence electronically application in Form XXVI through online along with requisite documentary evidence which may prove that the occupation of the factory has been transferred to the applicant. mentioned therein by remitting the transfer fee

(ii) The prescribed fee for transfer of license shall be one thousand rupees.

(iii) Procedure on death or disability of licensee.- If a licensee dies or becomes insolvent, the person succeeding or taking over the factory and functioning as the occupier shall apply for transfer of the license for the remaining period within a period of 01 month after the death or insolvency of previous occupier of such licensee shall not be liable to any penalty under the Code for exercising the powers granted to the licensee by the licence during such time as may reasonably be required to allow him to make an application for the transfer of the licence under rule 64(8) (1) or for amendment of licence under rule 64 (7) as the case may be, in his own name for the unexpired portion of the original licence.

(iv) Provided further that no such transfer of a licence will be made by the Inspector cum facilitator without obtaining prior approval of the Chief Inspector cum facilitator.

(9) Payment of fees.—

(i) Every application under these rules shall be accompanied with appropriate fees deposited thorough online mode.

(ii) If an application under this rule is rejected, the fee paid shall be non-refundable to the applicant.

(10) Prohibition of use of premises as factory without a valid licence.—An occupier shall not use any premises as a factory or carry on any manufacturing process in a factory unless a licence has been issued in respect of such premises.