Rule 115. (no heading in the Gazette)

(1) No site shall be used for the location of a factory and no building on such site or in a factory shall be constructed, amended or modified, extended or taken into use as a factory or part of a factory unless previous approval is obtained from the Chief Inspector-cum-Facilitator.

(2) Application for approval of plan or permission in Form-41 for site on which the factory is to be situated, for the construction or extension thereof and for license shall be made by the applicant electronically or otherwise on the official portal of the Labour Department of the State Government to the Inspector-cum-Facilitator having jurisdiction at least thirty days before he begins to occupy, or use, the premises as a factory.

(3) The application shall be accompanied by the following documents:-(a) Form-42 duly filled by the applicant;

(b) the Process Flow Diagram of manufacturing process indicating safety devices, fittings and mountings on each plant and machinery, the various processes and their design conditions, supplemented by a brief description of process and safety devices in its various stages and also indicating the names of raw materials, intermediates and products with their inventories and the name of chemicals if used in the process;

(c) plans shall be drawn to scale showing;-(i) the site plan of the factory and immediate surroundings including adjacent building, hospitals, educational institutions, petrol pumps, storage of inflammable and explosive materials and other structures, roads, water sources, drains etc, and location of nearest residential area, village, town settlement with its distance from the site.; and

(ii) the detail plan, elevation and necessary cross sections of the various buildings indicating all relevant details relating to all natural lighting, ventilation and means of escape route in case of fire, details of Fire Fighting Systems and Description of Hazard Area. The Plans shall also clearly indicate the position of the plant and machines, aisles and passage-ways in isometric view also of machines and hazard are and machines having hazard shall shown separately in 3D view;

(iii) The applicant shall submit the Process Flow Diagram of the manufacturing process, site plans, and detailed plans electronically or otherwise in a legible format. These documents shall be prepared and signed by a person possessing the qualifications and experience as prescribed in Serial Number 1 of Schedule-I to rule 4, using efficient software such as AutoCAD, etc:

Provided that if due to technical reasons, such soft copy of detailed plans or site plans is not legible, documents drawn to suitable scale may be additionally submitted in triplicate.

(d) replies to the questionnaires annexed to the Form-42;

(e) An NOC, as the case may be, from the Municipal Corporation, Nagar Panchayat, or Notified Area, in accordance with the Model Building Construction and Development Bye-Laws, 2025 for Development Authorities of Uttar Pradesh, for the construction, alteration, or extension of any building forming part of a factory or the factory premises;

(f) a letter of no objection from State Pollution Control Board;

(g) a letter of no objection from Fire Department;

(h) license/NOC issued under the Petroleum Rules, 1976 for storage of petroleum as defined in the Petroleum Rules, 1976;

(i) certificate of stability in Form-43 duly singed by the applicant;

(k) payment of license fee prescribed in sub-rule (2) of rule, 116 through e-challan or online payment.

(4) The internal height of a workroom, other than those intended for storage, godowns and like purposes and also rooms intended solely for office purposes, where only clerical work is done, shall be not less than 14 feet 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 or lining of heat-resisting material with an air space of at least four inches between it and the corrugated iron, the internal height shall be not less than 20 feet:

Provided that these provisions shall not be applicable in case of factory which proposes to employ fifty or less workmen:

Provided further that in case of buildings having a brick or concrete roof, or a combination of the two, the minimum height may be 12 feet:

Provided also that in case of all factories registered under section 2(1)(w)(i), and factories registered under section 2(1)(w)(ii) of the Code employing up to 150 employees, the Chief Inspector-cum-Facilitator may, where he is satisfied that the conditions of work are reasonably good, exempt such factories from the provisions of this sub-rule.

(5) 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 36 square feet of floor space exclusive of that occupied by machinery and a breathing space of at least 500 cubic feet.

(6) Particulars of each of the rooms, verandahs and other enclosures of the factory shall be entered in Form-42.

(7) No manufacturing process shall be started or carried on in any building, or part of a building until a Certificate of Stability of the building, or part of building in Form-43 signed by a person possessing the qualifications, has been delivered online to the Chief Inspector-cum-Facilitator and accepted by him. No extended portion of any factory shall be used as a part of the factory any time after the extension or any plant or machinery shall be added in any factory or brought into use as any factory, nor brought into use any time after such addition until a certificate in respect of such extension or plan has been delivered to the Chief Inspector-cum-Facilitator and accepted by the Chief Inspector-cum-Facilitator.

(8) The Certificate of Stability accepted under this rule shall be valid for five years from the date of acceptance if no change.

(9) The Competent Person signing Form-43 shall possess the same qualification and experience as prescribed in the Schedule to rule 4 for this purpose.

(10) No person except in the case of a building occupied by Government shall be authorized to sign a certificate of stability, who is in the employment of the owner or the builder of the building in respect of which the certificate is given.

(11) The site-plan of a factory, after receiving online application at the portal of the department, if the Chief Inspector-cum-Facilitator, as the case may be, is satisfied that the plans are in consonance with the requirement of Code, he shall, subject to such conditions or such no objection certificate, as he may specify, approve them and the site-plan approval certificate shall be issued by Chief Inspector-cum-Facilitator within such period in Form-44, including site visit, as notified in Uttar Pradesh Janhit Guarantee Adhiaiyam, 2011 (U.P. Act no. 3 of 2011) failing which such plan shall be deemed to have been approved and the certificate of approval of factory shall be auto generated by the portal.

(12) Plans which have already been approved by the Chief Inspector-cum-Facilitator under the Factories Act, 1948 before the coming into force of these rules, shall be deemed to have been approved under these rules.

(13) In case, the Chief Inspector-cum-Facilitator, having jurisdiction, as the case may be, is not satisfied with the application or the application is incomplete, he shall raise his objections on the portal, all at a time within fifteen days and the applicant shall submit his reply or make necessary corrections or amendments as required within the specified time. However, if the applicant fails to respond the objections raised by Chief Inspector-cum-Facilitator, the application may be rejected after the time as notified in Uttar Pradesh Janhit Guarantee Adhiniyum, 2011 (U.P. Act no. 3 of 2011) for approval.

(14) The approval granted under this rule may be revoked by the Chief Inspector-cum-Facilitator , if it is found that such approval has been obtained by the occupier or manager by misrepresentation of material facts or fraudulent document have been submitted along with the application or otherwise or the majority of construction is not being done in accordance with the approval granted.