Rule 4. Competent person

(1) The Chief Inspector-cum-Facilitator may recognize any person as the 'competent person' within such area and for such period as may be specified for the purposes of preparation of plans of building as structures to be used as factory or industrial premises to be used for beedi and cigar work under the Code and plans carrying out tests, examination, inspection and certification for such buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plant, confined space, ventilation system and such other processes of plant and equipment located in an establishment as stipulated in the Code and the rules made there under, if such person possesses the qualifications, experience and other requirements specified in the Schedule appended to this rule:

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:

Provided further that where it is proposed to recognize a person employed under the Chief Inspector-cum-Facilitator as a 'competent person', concurrence of the Union Territory Administration of Lakshadweep shall be obtained and such a person after being so recognized, shall not have the powers of an Inspector- cum-Facilitator.

(2) The Chief Inspector-cum-Facilitator may recognise an institution of repute, having persons possessing qualifications and experience as specified in the Schedule appended to this rule, for the purposes of preparation of plans of building as structures to be used as factory or industrial premises to be used for beedi and cigar work under the Code and carrying out tests, examinations, inspections and certification for buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plant, confined space, ventilation system and such other processes of plant and equipment, located in an establishment as stipulated in the Code and the rules made thereunder, a competent person within such area and for such period as may be specified.

(3) The person to be recognised as the competent person 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, examination and inspection.

(4) The Chief Inspector-cum-Facilitator may give a notice on portal or any other medium in the month of May every year to recognise any person or institute to be the competent person. The process of recognition may be completed within a period of sixty days from last date of receipt of application(s).

(5) Every application shall be accompanied by a fee (non-refundable) of rupees twenty-five thousand and security (refundable without interest) of rupees one lakh to be paid by the applicant through portal which shall be credited to the treasury in the head of account as may be specified by Union Territory Administration of Lakshadweep from time to time. A record of such fee and security shall be maintained by the Chief Inspector-cum-Facilitator.

(6) A person or institute seeking recognition under the Code shall apply in Form-1 or Form-2 respectively.