Labour Commissioner 
PRELIMINARY
DELHI THE 27TH JULY, 1950
No. F. 9 (13)/48-Dev-ln exercise of the powers conferred by Section 112 of the Factories Act, 1948, (LXIII of 1948), read with the Government of India, Ministry of Labour Notification No, Fac. 41 (38), dated the 11th January, 1948, the Chief Commissioner of Delhi is pleased to make the following rules, the same having been previously published with his notification No. F. 9(13) / 48-P. & D., dated the 19th March, 1949,
1.SHORT TITLE, EXTENT AND COMMENCEMENT
(1) These Rules may be cited as the Delhi Factories Rules, 1950.
(2) These Rules shall extend to the whole of the Delhi Province,
(3) These Rules, except Rules 29 to 33,53,62, 65 to 71 and 95 shall come into force on 15th August, 1950 and Rules 29 to 33, 53, 62,65 to 71 and 95 shall come into force on such dates as are specified there in.
2.DEFINITIONS-IN THESE RULES UNLESS THERE IS ANYTHING REPUGNANT IN THE SUBJECT OR CONTEXT:-
(a) "Act" means the Factories Act, 1948.
(b) "Appendix" means an appendix appended to these Rules.
(c) "Artificial Humidification" means the introduction of moisture into the air of a room by any artificial means whatsoever, except the unavoidable escape of steams or water vapour into the atmosphere ere directly due to a manufacturing process :
Provided that the introduction of air directly from outside through moist end mats or screens placed in openings at times when the temperature of the room is 80 degrees or more, shall not be deemed to be artificial humidification.
(d) "Belt"includes any driving strap or rope.
(e) "Degrees" (of temperature) means degrees on the Fahrenheit scale.
(f) "District Magistrate" includes such other official as may be appointed by the Chief Commissioner in that behalf.
(g) "Fume" includes gas or vapour,
(h) "Health Officer" means the Municipal Health Officer or District Health Officer or such other official as may be appointed by the Chief Commissioner in that behalf.
(i) "Hygrometer" means an accurate wet and dry bulb hygrometer conforming to the prescribed conditions as regards constructions and maintenance.
(j) "Inspector" means an officer appointed under Section 3 of the Act and includes "Chief Inspector".
(k) "Maintained" means maintained in an efficient state, in efficient working order and in good repair.
(l) "Manager" means the person responsible to the occupier for the working of the factory for the purposes of the Act.
2-ACOMPETENT PERSON-
(1) The Chief Inspector 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, inspections and certification for such buildings, dangerous, machinery, hoists and lifts, lifting machines and lifting tackles, pressure plants, confined space, ventilation system and such other process or plant and equipment as stipulated in the Act and the Rules made there under, located in a factory, if such a person possesses the qualifications, experience and other requirements as set out in the schedule annexed to this Rule:
Provided that the Chief Inspector 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 facilities at his command :
Provided further that where it is proposed to recognize a person employed under the Chief Inspector as a ‘Competent Person’, concurrence of the State Government shall be taken and such a person after being so recognized, shall not have powers of an Inspector:
Provided further that the ‘Competent Person’ recognized under this provision shall not be above the age of 62 and shall be physically fit for the purpose of carrying out the tests, examination and inspection.
(2) The Chief Inspector may recognize an institution of repute, having person possessing qualifications and experience as set out in the schedule annexed to sub-rule (1) for the purpose of 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 process or plant and equipment as stipulated in the Act and the Rules made there under, as a 'Competent Person' within such area and for such period as may be specified.
(3) The Chief Inspector on receipt of an application in the prescribed form from a person or an institution intending to be recognized as a ‘Competent Person’ for the purposes of this Act and the Rules made there under, shall register, such application and within a period of sixty days of the date of receipt of application, either after having satisfied himself as regards competence and facilities available at the disposal of the applicant recognize the applicant as a ‘Competent Person’ and issue a certificate of competency in the prescribed form or reject the application specifying the reasons therefore.
(4) The Chief Inspector may, after giving an opportunity to the competent person of being heard, revoke the certificate of competency * * * *
(i) if he has reason to believe that a competent person-
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(a) |
has violated any condition stipulated in the certificate of competency; or |
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(b) |
has carried out a test, examination and inspection or has acted in a manner inconsistent with the intent or the purpose of this Act or the Rules made there under; or has omitted to act as required under the Act and the Rules made there under; or |
(ii) for any reason to be recorded in writing
Explanation: For the purpose of this Rule, an institution included a organization.
(5) The Chief Inspector may, for reasons to be recorded in writing, require re-certification of lifting machines, lifting tackles, pressure plant or ventilation system, as the case may be, which has been certified by a competent person outside the states.
Form of Application for grant of Certificate of Competency to a person under sub-rule (1) of Rule 2A
1. Name
2. Date of Birth
3. Name of the Organization (If not self employed)
4. Designation
5. Educational Qualification (copies of testimonials to be attached)
6. Details of professionals experience (in chronological order)
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Name of the Organization |
Period of Service |
Designation |
Area of Responsibility |
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7. MEMBERSHIP, IF ANY, OF PROFESSIONAL BODIES.
8.(I) DETAILS OF FACILITIES (EXAMINATION, TESTING ETC.) AT HIS DISPOSAL.
(ii) Arrangements for calibrating and maintaining the accuracy of these facilities.
9. Purpose for which competency certificate is sought (section or sections of the Act should be stated).
10. Whether the applicant has been declared as a Competent Person under any statute (if so, the details).
11. Any other relevant information.
12. Declaration by the applicant.
I.............. hereby, declare that the information furnished above is true, I undertake--
(a) that in the event of any change in the facilities at my disposal (either addition or deletion) or my leaving the aforesaid organization, I will promptly inform the Chief inspector;
(b) to maintain the facilities in good working order, calibrated periodically as per manufacturers instructions or as per National standards; and
(c) to fulfill and abide by all the conditions stipulated in the certificate of competency and instructions issued by the Chief Inspector from time to time.
Place :
Date: Signature of applicant
Declaration by the Institution (if employed)
I.......... certify that Shri.......... whose details are furnished above, is in our employment and nominate him on behalf of the organization for the purposes of being declared as a competent person under the Act, I also undertake that I will-
(a) notify the Chief Inspector in case the competent person leaves our employment;
(b) provide and maintain in good order all facilities at the disposal as mentioned above;
(c) notify the Chief Inspector any change in the facilities (either addition or deletion).
Signature...................................... Designation .................................. Telephone No.
Date ............. Official seal
Form of Application for grant of Certificate of competency to an Institution under sub-rule (2) of rule 2A.
1. Name and full address of the organization.
2. Orgainsation's status (specify whether Government, Autonomous, Cooperative, Corporate or Private).
3. Purpose for which competency certificate is sought [specify section(s) of the Act].
4. Whether the Organization has been declared as a competent person under this or any other statute. If so, give details.
5. Particulars of persons employed and possessing qualification and experience as set out in Schedule, annexed to sub-rule (1 ) of Rule 2A.
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Sl. No. |
Name and Designation |
Qualification |
Experience |
Section(s) and the Rules under which competency is sought for |
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1. |
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2. |
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3. |
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6. Details of facilities (relevant to item 3 above) and arrangements made for their maintenance and period i.e. calibration.
7. Any other relevant information.
8. Declaration :
I................................. hereby, on behalf of ..................................................... certify the details furnished above are correct to the best of my knowledge I undertake to -
(i) maintain the facilities in good working order, calibrated periodically as per manufacturers instructions as per National Standards; and
(ii) to fulfill and abide by all the conditions stipulated in the certificate of competency and instructions issued by the Chief Inspector from time to time.
Place & Date Signature of Head of the Institutions or of the persons authorized to sign on his behalf Designation
Form of Certificate of competency issued to a person or an institution in pursuance to Rule 2A made under section 2(ca) read with section…………………………
I…………………………………, in exercise of the powers conferred on me under section 2(ca) of the Factories Act and the rules made there under, hereby recognize ……………………….. (Name of the institution) of Shri …………………………..(Name of the person) employed in ……………………………………(Name of the Organization) to be a competent person for the purpose of carrying out tests, examinations, inspections and certificate for such buildings, dangerous machinery, lifts and hoists, lifting machines and lifting tackles, pressure plants, confined space, ventilation system and process or plant and equipment as the case may be, used in a factory located in under section and the Rules made there under-
This certificate is valid from………………………….. to………………………………….
This certificate is issued subject to the conditions stipulated here under:-
(i) Tests, examinations and inspections shall be carried out in accordance with the provisions of the Act and the Rules made there under;
(ii) Tests, examinations and inspections shall be carried out under direct supervision of the competent person or by a person so authorized by an institution recognized to be a competent person;
(iii) The certificate of competency issued in favor of a person shall stand cancelled if the person leaves the Organization mentioned in his application;
(iv) The institution recognized as a competent person shall keep the Chief Inspector informed of the names, designations and qualifications of the persons authorized by it to carry out tests, examinations and inspections.
(v) ……………………………………………….
(vi) ………………………………………………
Station Official seal Signature of the Chief Inspector
Date
Note :- A separate certificate should be issued under each relevant section. A person or an institution may be recognized competent for the purpose of more than one section of the Act.
*Strike out the words not applicable.
SCHEDULE
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Sl. No. |
Section or Rules under which competency is recognized |
Qualification required |
Experience for the purpose |
Facilities at his command |
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1 |
2 |
3 |
4 |
5 |
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1. |
Rules made under section 6 and section 112- Certificate of stability for buildings |
Degree in Civil or Structural engineering or Equivalent |
(i) A minimum of 10 years experience in the design of construction or testing or repairs of structures. |
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(ii) Knowledge of non-destructive testing, various codes of practices that are current and the effect of the vibrations and natural forces on the stability of the building, and |
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(iii) Ability to arrive at a reliable conclusion with regard to the safety of the structure of the building. |
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2. |
Rules made under section 21 (2) - "Dangerous machines" |
Degree in Electrical or Mechanical or Textile Engineering or equivalent |
(i) A minimum of 7 years experience in :- (a) design or operation or maintenance, or (b) testing, examination and inspection of relevant machinery, their guards, safety devices and appliances. |
Gauges for measurement instruments for measurement of speed and any other equipment or device to determine the safety in the use of the dangerous machines. |
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(ii) He shall - (a) be conversant with safety devices and their proper functioning. (b) be able to identify defects and any other cause leading to failure; and (c) have ability to arrive at a reliable conclusion with regard to the proper functioning of safety device and appliance and machine guard. |
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3. |
Section 28 - Lifts and Hoists |
A degree in Electrical and / or Mechanical Engineering or its Equivalent |
(i) A minimum experience of 7 years in :- (a) design or erection or maintenance, or (b) inspection and test procedures, of lifts and hoists; |
Facilities for load testing,tensile testing gauges for measurement and any other equipment required for determining the safe working conditions of Hoists and Lifts. |
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(ii) He shall be -- (a) Conversant with relevant codes of practices and test procedures that are current. (b) Conversant with other statutory requirements covering the safety of the Hoists and Lifts; (c) able to identify defects and arrive at a reliable conclusion with regard to the safety of Hoists and Lifts. |
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4. |
Section 29- Lifting Machinery and Lifting Tackle |
Degree in Mechanical or Electrical or Metallurgical Engineering or its equivalent |
(i) A minimum experience of 7 years --- (a) design or erection or maintenance, or (b) testing, examination and inspection, of lifting machinery, chains, ropes and lifting tackles. |
Facilities for load testing, tensile testing, heat treatment, equipment/ gadget for measurement, gauges and such other equipment to determine the safe working conditions of the lifting machinery tackle. |
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(ii) He shall be -- (a) Conversant with relevant codes of practices and test procedures that are current. (b) Conversant with fracture mechanics and metallurgy of the material of construction; (c) Conversant with heat treatment/ stress relieving techniques as applicable to stress bearing components and parts of lifting machinery and lifting tackles. (d) capable of identifying defects and arriving at a reliable conclusion with regard to the safety of lifting machinery, chains, ropes and lifting tackles. |
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5. |
Section 31- Pressure Plant |
Degree in Chemical or Electrical Metallurgical or Mechanical Engineering or its equivalent |
(i) A minimum experience of 7 years --- (a) design or erection or maintenance, or (b) testing, examination and inspection, of pressure plant. |
Facilities for carrying out hydraulic test, on destructive test, gauges equipment/ gadget for measurement, and any other equipment or gauges to determine the safety in the use of Pressure vessels. |
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(ii) He shall be -- (a) Conversant with relevant codes of practices and test procedures relating to pressure vessels. (b) Conversant with statutory requirements concerning the safety of unfired pressure vessels and equipment operating under pressure; (c) Conversant with non-destructive testing techniques as are applicable to pressure vessels. (d) able to identifying defects and arriving at a reliable conclusion with regard to the safety of pressure plants. |
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6. |
Section 36- Precautions against dangerous fumes |
Master's degree in Chemistry or a degree in Chemical Engineering. |
(i) A minimum of 7 years in collection and analysis of environmental samples and calibration of monitoring equipments; |
Meters, instruments and devices duly calibrated and certified for carrying out the tests and certification of safety in working in confined spaces. |
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(ii) He shall be -- (a) Be conversant with the hazardous properties of chemicals and their permissible limit values. (b) Be conversant with the current techniques of sampling and analysis of the environmental contaminants (c) be able to arrive at a reliable conclusion as regards the safety in respect of entering and carrying out hot work. |
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7. |
Ventilation systems as required under various schedules framed under sec. 87, such as Schedules on (i) Grinding or glazing metals and processes incidental thereto. (ii) Cleaning or smoothing, roughening etc. of articles, by a jet and metal shot, or grit, or other abrasive propelled by a blast of compressed air or stream. (iii) Handling and processing of asbestos, (iv) manufacture of Royan by Viscose process. (v) Foundry operations. |
Degree in Mechanical or Electrical Engineering or equivalent. |
(i) A minimum of 7 years in the design, fabrication, installation testing of ventilation system and systems used for extraction and collection of dusts, fumes and vapours and other ancillary equipment. |
Facilities for testing the ventilation systems, instruments and gauges for testing the effectiveness of the extraction systems for dusts, vapours and fumes and any other equipment needed for determining the efficiency and a adequacy of these systems. He shall have the assistance of a suitable qualified technical person who can come to a reasonable conclusion as to the adequacy of the system. |
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(ii) He shall be conversant with relevant codes of practice and tests procedures that are current in respect of ventilation and extraction system for fumes and be able to arrive at a reliable conclusion with regard to effectiveness of the system. |
3.RULES 3 TO 11 PRESCRIBED UNDER SUB-SECTION (1) OF SECTION 6
The Lt. Governor or the Chief Inspector of Factories may require, for the purposes of the Act, submission of plans of any factory which was either in existence on the date of commencement of the Act or which has not been constructed or extended since then. Such plans shall be drawn to scale showing:-
(i) The site of the factory and immediate surroundings including adjacent buildings and other structures, road, drains, etc.
(ii) the plan, elevation and necessary cross-sections of the factory buildings indicating all relevant details relating to natural lighting, ventilation and means of escape in case of fire, and the position of the plant and machinery, aisles and passageways; and
(iii) such other particulars as the State Government or the Chief Inspector, as the case may be, any required.
3-A.APPROVAL OF SITE AND PLAN-
Applications for such permission shall be in Form No.1 and accompanied by the following documents
(1) No site shall be used for the location of a factory or no building in a factory should be constructed, reconstructed, extended or taken into use as a factory or part of a factory unless previous permission in writing is obtained from the Administrator or the Chief Inspector of Factories.
(a) A flow chart of the manufacturing process supplemented by a brief description of the process in its various stages.
(b) Plans in duplicate drawn to scale showing :
(i) The site of the factory and immediate surrounding including adjacent buildings, and other structures roads, drains, etc.
(ii) The plan elevation and necessary Cross-sections of the various buildings, indicating all relevant details relating to natural lighting, ventilation and means of escape in case on fire. The plans shall also clearly indicate the plant and machinery, aisles and passage ways; and
(c) Such other particulars as the Chief Inspector may require.
(2) If the Chief Inspector is satisfied that the plans are in consonance with the requirements of the Act he shall, subject to such conditions as he may specify approve them by signing and returning to the applicant one copy of each plan; or he may call for such other particulars as he may require to enable such approve to be given.
4.APPLICATION FOR REGISTRATION AND GRANT OF LICENSE--
The Occupier of every factory shall submit to the Chief Inspector of Factories an application in triplicate in the prescribed form No.2 for the registration of the factory and grant of a license.
5.GRANT OF LICENCE--
(1) A licence for a factory shall be granted by the Chief Inspector of Factories or any other officer appointed under sub-section (2-A) of section 8 of the Act and specially empowered in this behalf by the State Government, in Form No.4 prescribed for the purpose, for a period of one year or five years, as may be requested in the application for registration and grant of licence and on payment of the fees specified in sub-rule (2).
(2) The fees for grant of licence for one year shall be as specified in the Schedule hereto. In case an application for licence has been made for a period of five years, the licence fees shall be five times the fees payable for grant of a licence for one year, as specified in the said Schedule.
(3) A licence granted under this rule may, at the request of license, be renewed for one year or five years in accordance with the provisions of rule 7.
(4) Every licence as granted or renewed, shall remain in force up to 31 st December of the year for or up to which it is renewed.
SCHEDULE
Fees for the grant of a licence for a factory for one year
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H.P. Installed on |
Maximum number of workers to be employed on any day during the year |
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Up to 20 |
21 to 50 |
51 to 100 |
101 to 250 |
251 to 500 |
501 to 750 |
751 to 1000 |
Above 1000 |
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Rs. |
Rs. |
Rs. |
Rs. |
Rs. |
Rs. |
Rs. |
Rs. |
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Nil |
20 |
50 |
100 |
250 |
400 |
750 |
1000 |
1250 |
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Up to 10 |
50 |
100 |
120 |
300 |
600 |
900 |
1200 |
1500 |
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Above 10 and up to 50 |
100 |
150 |
200 |
500 |
1000 |
1500 |
2000 |
2500 |
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Above 50 and up to 100 |
200 |
250 |
300 |
750 |
1500 |
2250 |
3000 |
3700 |
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Above 100 |
300 |
400 |
500 |
1000 |
2000 |
3000 |
4000 |
5000 |
6.AMENDMENT OF LICENCE--
(1) A licence granted under rule 4 may be amended by the Chief Inspector of Factories or any other officer appointed under sub-section (2-A) of section 8 of the Act and specially empowered in this behalf by the State Government.
(2) No licence shall-
(i) Change the name of his factory; or
(ii) employ persons in excess of the number stated in the licence; or
(iii) use motive power in excess of the limits of horse power specified in the licence; without getting his licence amended.
(3) A licensee who desires to have his licence amended shall submit it to the Chief Inspector or any other officer appointed under sub-section (2- A) of Section 8 of the Act and specially empowered in this behalf, with an application stating the nature of the amendment and reasons therefor.
(4) The fee for the amendment of a licence shall be twenty five rupees plus the amount (if any) by which the fee that would have been payable if the licence had originally been issued in the amended form exceeds the fee originally paid for the licence.
7.RENEWAL OF LICENCE--
(1) A licence may be renewed by the Chief Inspector of Factories or any other officer appointed under sub-section (2-A) of section 8 of the Act and specially empowered in this behalf by the State Government.
(2) Every application for the renewal of a licence shall be made in triplicate, in Form No.2 together with the payment of fees for a period of one year or five years as the case may be, and shall be submitted not less than 30 days before the date on which the licence expires. If the application, complete in all respects, is so made, the premises shall be held to be duly licensed until such date as the Chief Inspector of the Factories or as the case may be, the Officer appointed under sub-section (2-A) of section 8 of the Act and specially empowered in this behalf by the State Government, renews the licence.
(3) The fees for the renewal of licence for one year shall be the same as for the grant thereof. In case an application for renewal has been made for a period of five years, the renewal fees shall be five times the fees payable for renewal of licence for one year, as specified in the Schedule appended below rule 5.
Provided that if the application for renewal, duly completed in all respects, is not received within the time specified in sub-rule (2) of this rule, the licence shall be renewed only on payment of a fee twenty five percent in excess of the fees ordinarily payable for the renewal of a licence for the year or years for which the application has been received late.
8.TRANSFER OF LICENCE--
(1) The holder of a licence may, at any time before the expiry of the licence, apply for permission to transfer his licence to another person.
(2) Such application shall be made to the Chief Inspector of Factories or any other officer appointed under sub-section (2-A) of section 8 of the Act and specially empowered in this behalf by the State Government who shall, if he approves of the transfer, enter upon the licence, under his signature, an endorsement to the effect that the licence has been transferred to the person named.
(3) A fee of twenty five rupees shall be charged on each such application
9.PROCEDURE ON DEATH OR DISABILITY OF LICENCEE--
lf a licencee dies or becomes insolvent the person carrying on the business of such licence shall not be liable to any penalty under the Act for exercising the powers granted to the licencee by the licence during such time as may reasonably be required to allow him to make an application for the amendment of the licence under Rule 6 in his own name for the unexpired portion of the original licence.
10.LOSS OF LICENCE--
Where a licence granted under the Rules is lost or accidentally destroyed, a duplicate may be granted on payment of a fee of rupees twenty five.
11.PAYMENT OF FEES-
(1) Every application under the Rules shall be accompanied by a treasury receipt showing that the appropriate fees has been paid into the authorized branch of the State Bank of India under the head of account, affixed by the office of the Chief Inspector of Factories.
(2) If an application for the grant, renewal or amendment of a licence is rejected, the fee paid shall be refunded to the applicant.
11A.PROHIBITING RUNNING OF A FACTORY WITHOUT A VALID LICENCE-
An occupier shall not use any premises as a factory or carryon any manufacturing process in a factory unless a licence has been issued in respect of such premises and is in force for the time being :
Provided that if a valid application for grant of licence has been submitted and the required fees has been paid, the premises shall be deemed to be fully licensed until such date as the Chief Inspector of Factories or as the case may be, any other officer appointed under sub-section (2-A) of section 8 of the Factories Act, and specially empowered in this behalf by the State Government, grants or renews the licence or refuses in writing with reasons, to grant or renew licence.
Provided further that if the Chief Inspector of Factories or as the case may be, any other officer appointed under sub-section (2-A) of section 8 of the Act and specially empowered in this behalf, by the State Government fails to grant or renew the licence or fails to refuse to do so, for reasons to be communicated in writing to the applicant, within 60 days from the date of the application, licence shall be deemed to have been granted or renewed.
Form prescribed under sub-section 1 of Section 7
12.NOTICE OF OCCUPATION
The notice of occupation shall be in Form No 2. Under sub-section (4) of Section 7
12A.NOTICE OF CHANGE OF MANAGER-
The notice of change of Manager shall be in Form No.3.
12B.GUIDELINES INSTRUCTIONS AND RECORDS-
(i) Without prejudices to he general responsibility of the occupier to comply with the provisions of section 7(a) the Chief Inspector may, from time to time, issue guidelines and instructions regarding the general duties of the occupier relating to health safety and welfare of all workers while they are at work in the factory.
(ii) The occupier shall maintain such records, as may be prescribed by the Chief Inspector, in respect of monitoring of working environment in the factory.