Rule 29. The specialized qualification and

experience, duties and responsibilities of experts to be empanelled under section 37.- 1. Eligibility of the Firmi. The Firm should be registered body corporate in India under appropriate legal framework; ii. The Firm should be registered in Labour Department; ili. The Firm should have experience and authorization to undertake and evaluate labour regulatory compliance; iv. The Firm should haveLabour Law Auditor and Technical Auditor on company pay roll. Eligibility of Labour Law and Technical AuditorEligibility: Labour Law Auditora. Should be having a minimum of 7 years of experience under Labour Law; or should be having a minimum of 7 years of experience as a legal practitioner under Labour Law; or should have served as Labour Enforcement Officer or above for 7 years; b. Should not currently be a part-time/full-time employee in any unit/establishment in the Union territory of Jammu and Kashmir or its subsidiaries or branches elsewhere in the country; c. Should not be of an age more than 65 years; d. Should be medically fit to carry out inspection procedure; ii. Eligibility: Technical Auditor. —Should have one-year full time Diploma in industrial safety recognized by the Board of Technical Education or All India Council of Technical Education or recognized university; and either of the following qualificationsa. Degree in branch of Chemical, Mechanical, Electrical or Production Engineering and having five years' experience in manufacturing, maintenance, design, project or safety department in the supervisory or above capacity in factories; or b. Diploma in branch of Chemical, Mechanical, Electrical or Production Engineering and having seven years' experience in manufacturing, maintenance, design, project or safety department in the supervisory or above capacity in factories; or Degree of Bachelor of Science with Physics and/or Chemistry and having ten years' experience in manufacturing or safety. 3. Competent person under clause (I) of sub-section (1) of section 2 of the Codei The Chief Inspector-cum-Facilitator may recognize any person as "competent person' for the area and for the period as specified in Schedule-A:

Provided that the Chief Inspector-cum-Facilitator may relax the requirements of qualifications in respect of 'competent person' with the prior approval of the Government of Jammu and Kashmir:

Provided further that the competent person recognised under sub-rule (3) shall not be above the age of sixty-five years and shall be physically fit for the purpose of carrying out the requisite tests, examination and inspection. a. The Chief Inspector-cum-Facilitator may recognise an institution of repute, having persons possessing qualification and experience as specified in the Schedule B, as competent person and issue a certificate of competency in its favour in Form-XIX. b. The Chief Inspector-cum-Facilitator on receipt of application in Form-XVII from a person or from an institution in Form-XVIII, as the case may be, intending to be recognized as a competent person for the purposes of the Code and the rules made thereunder, shall register such application and after satisfying himself as regards competence and facilities available at the disposal of the applicant may recognise the applicant as a competent person. Such application shall be disposed of either by issuing a certificate of competency in Form-XIX or by rejecting the same specifying reasons thereof, within a period of sixty days. ii The Chief Inspector-cum-Facilitator. - If he has reason to believe that a competent persona. has violated any condition stipulated in the certificate of competency; or b. has carried out a test, examination and inspection or has acted in a manner inconsistent with the intent or the purpose of the Code or the rules made thereunder, or has omitted to act as required under the Code or the rules made thereunder; or C. for any other reason to be recorded in writing, Ог. may revoke the certificate or competency after giving an opportunity of being hearing to the competent person.

Explanation: —For the purpose of this rule, an institution includes an organization (including Government, autonomous, co-operative, corporate or private). lli ecorded in writing direct for the recertification of anv of th area as defined in Schedule-A.