3. [ Approval of plans, registration of factories and grant of licence. [Substituted by Notification No. 90/XXXVI-3-2018-83(Sa)-17, dated 13.3.2018 (w.e.f 28.11.1950).]
(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. I 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)Plan 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.]
