Rule 57. Mode of submission of application under sub-section (2) of section 79

(1) No building shall be constructed or used as factory unless plans in respect of such building are approved by the Chief Inspector-cum-Facilitator.

(2) No addition/alteration or extension in the existing factory building shall be made unless plans in respect of such additions, alterations or extensions are approved by the Chief Inspector-cum-Facilitator.

(3) Application for approval of the plans shall be made electronically ir Form-XX along with the following plans and documents to the Inspector- cum-Facilitator of the area: -

a) Flow chart of the manufacturing process giving a brief description of the process in its various stages; Pа 3101282 47

b) Site plan drawn to scale showing the site of the factory and immediate surroundings including adjacent buildings and other structures, roads, drains, etc.;

c) The plan, elevations and necessary cross-sections drawn to scale showing all relevant details relating to natural lighting, ventilation, and means of escape in case of fire, position of plant and machinery, aisles and passage ways;

d) Such other particulars as the Inspector-cum-Facilitator may require in relation to the approval.

(4) If the Inspector-cum-Facilitator is satisfied that the plans and documents are in consonance with the requirements of the rules, he shall forward the plans and documents to the Chief Inspector-cumFacilitator for approval. The Chief Inspector-cum-Facilitator after being similarly satisfied shall approve the plans :

Provided that where the plans and documents fall short of the requirements of these rules, the Inspector-cum-Facilitator or the Chief Inspector-cum-Facilitator as the case may be, may return the documents to the applicant for modifications and corrections as suggested therein:

Provided further that the plans shall not be deemed to have been submitted till such time as they are re-submitted duly modified and amended.

(5) The internal height of a workroom shall be not less than 4.25 m measured from the floor level to the lowest part of the roof and if the roof is of corrugated iron which is neither covered with tiles nor has an inner ceiling of lining of heat resisting material with an air space of at least 10 cm. Between it and the corrugated iron, the internal height shall be not less than 5 m :

Provided that in the case of building having a brick or concrete roof, or a combination of the two, the minimum height may be 3.75 m if approved by the Chief Inspector of Factories.

(6) There shall be provided at all times for each person employed in any room of a factory where mechanical or electrical power is used, at least 36square feet (3.35 square meter) of floor space exclusive of that occupied by machinery and a breathings space of at least 500 cubic feet (14 cubic meter).

(7) The provisions of sub-rule(5) of rule 53 shall not apply to rooms intended for storage, go downs and like purposes and also rooms intended solely for office purposes where only clerical work is done.

(8) No manufacturing process shall be carried on in any building or part of abuilding whethernewly constructed, re-constructed 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 in respect thereof, in Form-XXI signed by a competent person has been sent by the occupier or manager of the factory to the Chief Inspector-cum-Facilitator and accepted by him. Neither any new plant nor machinery shall be added to any building of a factory nor brought into use after such addition until a certificate of stability in Form-XXI signed by a competent person in respect thereof has been sent by the occupier or manager of the factory to the Chief Inspector-cum- Facilitator and accepted by him. No person except in the case of building owned by any Government shall be authorized to sign a certificate of stability or to certify plans and specifications who is in the employment of the owner or builder of the building in respect of which the certificate is given.

(9) The employer seeking registration for a factory and grant of a licence shall apply electronically on the official Portal of the Labour Department, Government of Jammu and Kashmir by giving details about the factory as specified in the Form-IA. The Form shall be signed digitally or in any other manner as may be required on the portal. The applicant shall be responsible for veracity of all information submitted in the application:

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

(10) A registration certificate for a factory shall be granted in Form-XXII by the Chief Inspector-cum-Facilitator or any other officer appointed and specially empowered in this behalf by the Chief Inspector- cumFacilitator electronically immediately, if the application is complete in all respects but not later than seven days from the date of submission of complete application, failing which such license shall be deemed to have been issued and the license shall be auto generated :

Provided that in exceptional circumstances the Government of Jammu and Kashmir may, for such period, by notification, dispense with requirement of electronic registration, in respect of a factory or class of factories, or part or whole of Jammu and Kashmir, and submission of application in the form so provided,may be allowed.

(11) Every application for renewal, complete in all respects, shall be made on the portal of the Labour Department and shall be made not less than Sixty days before the date on which the licence expires and if the application is complete in all respects, the renewal certificate shall be auto generated in Form-XXII and the same may be downloaded by the applicant from the portal:

Provided that if the application for renewal, complete in all respects, is not received within the time specified in sub-rule (11), the license shall be renewed only on payment of a fee of twenty-five per cent in excess of the fees ordinarily payable for the renewal of the license.

(12) Every License granted or renewed shall remain in force for a period of 05 years for all categories viz. Red, Orange, Green and White. The Payment of fee, however, for renewal of the factory license on annual basis, if opted by the occupier, shall be 10% higher than the fee shown in Schedules as under:-