UTTAR PRADESH FACTORIES (SEVENTY
THIRD AMENDMENT) RULES, 2018
PREAMBLE
Whereas Government Notification No.
1472/XXXVI-3-2017-83(Sa)-17, dated December 19, 2017 was published as required
under Section 115 of the Factories Act, 1948 (Act 63 of 1948) with a view to
inviting objections and suggestions on the Uttar Pradesh Factories (Seventy
Third Amendment) Rules, 2018.
And, whereas, no objection or suggestion has been
received within the specified time;
Now, therefore, in exercise of the powers conferred
by Section 6 and Section 112 of the Factories Act, 1948 (Act No. 63 of 1948),
the Governor is pleased to make the following orders, with a view to amending
the Uttar Pradesh Factories Rules, 1950.
Rule 1. Short title and commencement.-
(1)
These
rules may be called the Uttar Pradesh Factories (Seventy Third Amendment)
Rules, 2018.
(2)
They
shall come into force with effect from the date of their publication in the
Gazette.0
Rule 2. Amendment of Rule 3.-
In the Uttar Pradesh Factories Rules, 1950
hereinafter referred to as the said rules, for Rule 3, the following rule shall
be substituted, namely-
"3. Approval of plans, registration of
factories and grant of licence.-
(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, extended or taken into use as a factory
or part of a factory unless previous permission in writing is obtained from the
State Government or the Chief Inspector. Online application for such permission
shall be made to the Chief Inspector which shall be accompanied by the
following documents-
(a)
Form
No. 1 duly filled in by the applicant;
(b)
The
process flow diagram of manufacturing process indicating safety devices,
fittings and mountings on each plant and machinery, the various processed and
their design conditions, supplemented by a brief description of the process and
safety devices in its various stages and also indicating the names of raw
materials, intermediates and products with their inventories. In case of
chemical substances, their chemical names should also be mentioned.
(c)
Plans
in triplicate drawn to scale showing-
(i)
the
site of the factory and immediate surroundings including adjacent building,
hospitals, educational institutions, petrol pumps, storages of inflammable and
explosives materials and other structures, roads, water sources, drains etc.,
and location of any nearest residential area, village, town settlement with its
distance from the site; and
(ii)
the
plan, elevation and necessary cross sections of the various buildings
indicating all relevant details relating to all natural lighting, ventilation
and means of escape in case of fire. The plans shall also clearly indicate the
position of the plant and machines aisles and passage ways;
(d)
replies,
to the questionnaires annexed to the Form No. 1;
(e)
letter
of no objection for the location of the factory from Nagar Nigam, Nagar
Panchayat, or notified Area, as the case may be;
(f)
a
letter of no objection from State Pollution Control Board;
(g)
a
letter of no objections from local Fire Office;
(h)
licence/NOC
issued under the Petroleum Rules, 1976 for storage of petroleum as defined in
the Petroleum Rules, 1976;
(i)
Form
No. 2 duly filled in by the applicant;
(j)
Form
No. 4 duly filled in by the applicant;
(k)
copy
of treasury challan/e-challan/online payment of licence fee prescribed in Rule
7(1).
(2)
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 No. 2 signed by a person possessing the qualifications
prescribed in sub-rule (4) has been delivered online to the Chief Inspector and
accepted by him. No. extended portion of any factory shall be used as a part of
the factory any time after the extension nor any plant or machinery shall be
added in 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 and accepted by the Chief Inspector.
(3)
The
person signing the Form No. 2 shall possess the same qualifications and
experience as prescribed in the Schedule to Rule 2-A for this purpose.
(4)
No
person except in the case of a building occupied by any Government shall be
authorised to sign a certificate of stability, who is in the employment of the
owner or builder of the building in respect of which the certificate is given.
(5)
If
the Chief Inspector is satisfied that the plans and application for licence are
in consonance with the requirements of the Act, he shall, subject to such
conditions as he may specify, approve the plans and grant the licence by
digital signature on the plans and licence and send online the copy of
digitally signatured plans and licence to the applicant and also inform the
applicant on his e-mail address and registered mobile number or he may call for
such other particulars as he may require so as to enable him to accord such approval.
(6)
The
plan of a factory shall be disposed within fifteen working days of having
received online in the office of Chief Inspector except those factories in
which the hazardous processes are carried out which come under the purview of
Section 2(cb) of the Factories Act, 1948 or Rule 2(ja) of the Manufacture,
Storage and Import of Hazardous Chemical Rules, 1989, whose plans shall be
disposed of within thirty working days. The plans not rejected within the said
time limit shall be deemed to have been approved and licence shall also be
deemed to have been granted and considering such plans as approved and licence
as granted, the site plans approval letter and the licence shall be issued by
Chief Inspector immediately and Chief Inspector shall also inform the applicant
on his e-mail address and his registered mobile number.
(7)
The
licence of the factories whose site plans are approved within the time limit
given in sub-rule (6), shall be granted on the same day. The site plan shall be
approved under digital signature and the licence shall be granted under digital
signature by Chief Inspector who shall send online the copy of digitally signed
plans and licence to the applicant on the same day and also inform the
applicant on his e-mail address and his registered mobile number on the same
day.
(8)
The
occupier of a place, to which the provisions of the Act are made applicable by
a notification under Section 85 shall submit such application within thirty
days of the date of such notification.".
Rule 3. Omission of Rule 6.-
In the said rules, Rule 6 shall be omitted.
Rule 4. Amendment of Rule 7.-
In the said Rules, for Rule 7, the following rule
shall be substituted, namely-
"7. (1) Registration
and grant of licence.-
The factory shall be registered and a licence for a
factory shall be granted by the Chief Inspector in Form 3 on payment of the fee
specified in the Schedule below-
SCHEDULE FOR FEES PAYABLE
|
Maximum
number of persons to be employed on any day during the calendar year |
|||||||
|
Quantity
of H.P. installed (Maximum
H.P.) |
Up
to 50 Rs. |
From
51 to 150 Rs. |
From
151 to 250 Rs. |
From
251 to 500 Rs. |
From
501 to 1000 Rs. |
From
1001 to 2500 Rs. |
Above
2500 Rs. |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
Nil |
150 |
700 |
900 |
1700 |
3500 |
6500 |
10000 |
|
Up
to 50 |
600 |
1800 |
2800 |
3700 |
6800 |
12500 |
14600 |
|
above
50 but not above
100 |
1200 |
2700 |
3600 |
5700 |
9000 |
15000 |
18000 |
|
above
100 but not above
500 |
2500 |
5500 |
7200 |
9600 |
14400 |
22000 |
25000 |
|
above
500 but not above
1000 |
5000 |
7500 |
9400 |
12000 |
18000 |
24500 |
30000 |
|
above
1000 but not above
2000 |
6000 |
9500 |
11500 |
14000 |
19000 |
26500 |
32000 |
|
Above
2000 |
7000 |
12500 |
14500 |
16500 |
24000 |
29000 |
35000 |
(2) Every licence granted or renewed under these
rules shall remain in force for the period prescribed in sub-rule (1) of Rule 9
from the date on which it is granted or renewed.".
Rule 5. Insertion of new Rule 7-A.-
In the said rules, after Rule 7, the following
rules shall be inserted, namely-
"7-A. Display of sign board.-
Every occupier or manager shall display a painted
sign board, with conspicuous letters written in transparent or luminous paint of any
colour, at the main entrance of the factory giving the following particulars-
1.
Registration
or licence number of factory.
2.
Name
of the factory.
3.
Address
of the factory (giving plot no., locality, street, PIN code etc.).
4.
Name
of the occupier.
5.
Name
of the manager.".
Rule 6. Amendment of Rule 9.-
In the said rules, for Rule 9, the following rules
shall be substituted, namely-
"9. Renewal of Licence.-
(1)
The
licence of a factory may be renewed by the Chief Inspector for ten years at a
time on payment of requisite fee specified in the Schedule to Rule 7 for every year.
However, the factories which come under purview of
Section 2(cb) of the Factories Act, 1948, their licences may be renewed for
five years at a time on payment of requisite fee specified in the Schedule to
Rule 7 for every year and the licenses for the factories which also come under
the purview of Rule 2(ja) of the Manufacturer, Storage and Import of Hazardous
Chemicals Rules, 1989, may be renewed for three years at a time on payment of
requisite fee specified in the Schedule to Rule 7 for every year:
Provided that if the application for renewal is not
received within the time specified in sub-rule (2), the licence shall be
renewed only on payment of a fee twenty five per cent in excess of the fee
ordinarily payable for the renewal of the licence:
Provided further that the State Government may, by
general or special order, extend the time for presentation of application for
renewal of a licence.
(2)
Every
application for the renewal of licence shall be sent online in Form No. 4 so as
to reach the office of the Chief Inspector before two months of expiry of
validity period and if the application is so made, the premises shall be held
to be duly licensed until such date as the Chief Inspector renews the licence.
(3)
The
Form No. 4 duly filled in shall be sent online by the occupier every year
inspite of the renewal for more than one year so that it may reach the office
of the Chief Inspector on or before thirty first day of October every year.
(4)
The
application for the renewal of licence of a factory shall be disposed within
fifteen working days of the date of application online except those factories
which are covered under Section 2(cb) of the Factories Act, 1948 (Act 63 of
1948) or Rule 2(ja) of the Manufacture, Storage and Import of Hazardous
Chemicals Rules, 1989 whose licence renewal applications shall be disposed
within thirty working days. If the application for the renewal of licence is
not rejected within the said time limit, the licence shall be deemed to have
been renewed and the Chief Inspector shall send immediately the renewed licence
to applicant and also inform the applicant on his e-mail address and his
registered mobile number.".
Rule 7. Amendment of Rule 13.-
In the said rules, for Rule 13, the following rule
shall be substituted, namely-
"13. Payment of Fees.-
(1)
Every
application under these rules shall be accompanied by a treasury receipt,
showing that the appropriate fee have been paid into the local treasury under
the head of account.
(2)
If
an application for the grant or renewal of a licence in rejected, the fee paid
shall be refunded.".
Rule 8. Amendment of Rule 14-C.-
In the said rules, for Rule 14-C, the following
rule shall be substituted, namely-
"14-C. The notice of occupation shall be in
Form 4."
Rule 9. Amendment of Rule 4.-
In the said rules, for Form 4, the following form
shall be substituted, namely-
FORM-4
Rule 10. Omission of Form 4-B.-
In the said rules, Form 4-B shall be omitted.