Rule 4. Appointment of Competent person under clause (l) of sub-section (1) of section 2

(1) The Chief Inspector-cum-Facilitator may recognize any person as a competent person within such area and for such period as may be specified for the purposes of carrying out tests, examinations and inspections for such buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plants, confined spaces, ventilation systems and such other processes or plants and equipments as stipulated in the Code and the Rules made thereunder, located in a factory, if such a person possesses the qualifications, experience and other requirements as set out in Schedule-I annexed to these rules.

Provided that the Chief Inspector-cum-Facilitator may relax the requirements of qualifications in respect of a competent person, if such a person is exceptionally experienced and knowledgeable, but not the requirements in respect of the facilities at his command:

Provided further that the competent person recognized under this provision shall not be more than 65 years of age and shall be physically fit for the purpose of carrying out tests, examinations and inspections.

(2) The Chief Inspector-cum-Facilitator may recognize an institution of repute, having persons possessing qualifications and experience as set out in the Schedule-I annexed to the rule for the purpose of carrying out tests, examinations and inspections for buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plants, confined spaces, ventilation systems and such other process or plants and equipments as are stipulated in the Code and the rules made thereunder, as a competent person, within such area and for such period as may be specified.

(3) The Chief Inspector-cum-Facilitator may on receipt of an application electronically or otherwise in Form-1, from a person or an institution intending to be recognized as a competent person for the purposes of the Code and the rules made thereunder, register such application and within a period of thirty days of the date of receipt of application, reject the application for reasons to be recorded in writing or if satisfied about the competence and facilities available at the disposal of the applicant, recognize the applicant as a competent person and issue a certificate of competency in Form-2 electronically or otherwise.

(4) The competent person or the institution shall send a monthly report to the Inspector-cum-Facilitator having jurisdiction by 10th day of every month. The report shall contain name and address of establishments where testing / examinations had been done, name of the persons who visited the establishment, date of visit and list of equipments with identification number so examined. The competent person shall also furnish any other information that an Inspector-cum-Facilitator may require for the purpose of satisfying himself whether any provision of the rule or instructions have been complied with or not. He shall also report immediately if during his visit he feels that existence of any imminent danger to life exits in the establishment.

(5) The Chief Inspector-cum-Facilitator may, after giving an opportunity of being heard to the person recognized as a competent person revoke the certificate issued to him under sub rule (3):

(i) if he has reason to believe that the competent person:

(a) has violated any of the conditions stipulated in the certificate; or

(b) has carried out a test, examination and inspection or has otherwise carried them in a manner inconsistent with the intent or the purpose of the Code or the rules made thereunder; or

(c) has omitted the act as required under the Code and the rules made thereunder;

(ii) for any other reason to be recorded in writing.

Explanation.—For the purpose of this rule, an institution includes an organization.

(6) The Chief Inspector-cum-Facilitator may, for reasons to be recorded in writing, require re-certification of lifting machines, lifting tackles, pressure plants or ventilation systems, as the case may be, which has been certified by a competent person outside the State of Uttar Pradesh.