Rule 72. Approval of site, construction or extension of a factory under clauses (a) and (b) of sub-section (1) of section 79 of the Code

(1) No site shall be used for the location of a factory nor shall any building be constructed, reconstructed or extended for use as a factory, nor shall any manufacturing process be carried on in any building, constructed, reconstructed or extended unless the previous permission in writing is obtained from the State Government or the Chief Inspector-cum-Facilitator or the Joint Chief Inspector-cum-Facilitator. The previous permission of the Chief Inspector-cum-Facilitator or the Joint Chief Inspector-cum-Facilitator shall also be obtained for the installation of additional machinery or for the installation of prime movers exceeding the power already installed in the factory. The previous permission of the Chief Inspector-cum-Facilitator or the Joint Chief Inspector-cum-Facilitator shall also be obtained for increasing the number of workers specified in the licence.

(2) Application for such permission shall be made in the prescribed Form XXVIII either manually or by registered post, electronically, or through the portal, as may be notified by the State Government. The application shall contain the details such as the Name and address of the applicant, full particulars of the factory such as name, postal address, survey number, Village, Taluk, District and also the total power of plant and machinery in KiloWatt number of workers. The application shall be accompanied by the following documents:

(a) A flow chart of the manufacturing process supplemented with a brief description of the process in its various stages.

(b) Plans drawn to scale showing:

a) the site of the factory and immediate surroundings (100m radius) including adjacent buildings and other structures, roads, drains, etc.

b) the plan, elevation and necessary cross-sections of the various buildings, indicating all relevant details relating to fire fighting facilities withlayout, lighting, ventilation and means of escape in case of fire.

c) The plans of layout of machinery clearly indicating the position of the plant and machinery, aisles and passage ways. There shall be a minimum clearance of 50 cm. between machines and fixed structures. The plans and layout of factory buildings sent to the Department for approval under these rules shall be prepared by a person not be low the rank of an approved draughtsman recognized by the Chief Inspector-cum-Facilitator.

(3) Site suitability-The site of the factory shall satisfy the following requirement of minimum distance from-1. Educational Institution 25meters 2. Hospitals 30meters 3. Religious-cum-worship building 25meters 4. Tank and canals 10meters and set back of three meters of open space of front, sides and rear. For sites abutting National Highways and State Highways the minimum set back of the building shall be 7m on front:

Provided that the Chief Inspector-cum-Facilitator or Labour Commissioner or Joint Labour Commissioner may subject to such conditions as may be prescribed, relax these requirements in respect of factories which do not create noise, pollution or do not generate solid, liquid or gaseous effluents.

(4) If the Chief Inspector-cum-Facilitator or Labour Commissioner or Joint Labour Commissioner is satisfied that the plans are in consonance with the requirements of the Code and Rules he shall, subject to such conditions as he may specify, grant the permission sought for under permit and approve the plans by digitally affixing his signature and making available the approved drawings either manually or by registered post, electronically, or through the portal, as may be notified by the State Government as the case may be or he/ she may call for such other particulars as he/ she may require to enable such approval. The permission so granted will be valid for a period of two years only unless it is revalidated, for completion of construction. Request for revalidation of permission shall be made to the Chief Inspector-cum-Facilitator or the Joint Chief Inspector-cum-Facilitator as the case may be alongwith the fee prescribed either manually or by registered post, electronically, or through the portal, as may be notified by the State Government.

(5) The plans approved by the Chief Inspector-cum-Facilitator or Labour Commissioner or Joint Labour Commissioner under this rule shall be readily available in the factory in electronic mode for inspection by the Inspector-cum-Facilitators.

(6) The Chief Inspector-cum-Facilitator or the Joint Chief Inspector-cum-Facilitator or Joint Labour Commissioner may refuse to grant permission if the requirements of the Code and Rules are not satisfied and in such cases the reasons for refusing the permission shall be recorded and communicated to the Applicant.

(7) a) No manufacturing process shall be carried on in any building of a factory constructed, reconstructed or extended or taken into use as a factory or part of a factory until a Certificate of Stability in Form- XXIX in respect of that building has been obtained from a Competent Person:

Provided that the Certificate of Stability as required in this Rule shall be vali only for a maximum period of five years from the date of its issue and a fresh stability certificate shall be obtained thereafter.

b) The certificate of stability referred to in clause (a) shall be readily available in the factory for inspection by the Inspector-cum-Facilitators.

(8) a) A factory or part of a factory constructed, reconstructed, extended or taken into use, shall be in accordance with the plans approved and shall satisfy the conditions subject to which the plans have been approved.

b) No machinery or prime mover or a permanent fixture not shown in the plans approved shall be installed, fixed or used in any factory except in replacement provided its capacity is not different and it is not occupying more floor area than that already shown in the approved plans.