2A. [ Procedure of grant of Certificate of Competency. [Inserted by Notification no. /F1-103/88 L & E 17 dated 9.2.1998.]
(1)The Chief Inspector may recognise any person as "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 plant, confined space, ventilation system and such other process or plant and equipment as stipulated in the Act and the Rules made thereunder, located in a factory, if such person possess the qualifications, experiences 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 the facilities at his command:Provided further that the competent person recognised 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 recognise an institution of repute, having person possessing qualifications and experience as set out in the schedule annexed to sub-rule (1) for the purposes of carrying out tests, examinations inspections and certifications for buildings, dangerous machinery, hoists and lifts, lifting machine, 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 thereunder, 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 recognised as a 'competent person' for the purposes of this Act and the Rules made thereunder, shall register such application and after satisfying himself as regards competence and facilities available at the disposal of the applicant may recognise the applicant as a 'competent person'. Such application shall be disposed of either by issuing a certificate of competency in the prescribed form or by rejecting the same specifying reasons therefor within a period of 60 days.(4)The Chief Inspector, if he has reason to believe that 'competent person':-(a)has violated any condition stipulated in the certificate of competency;(b)has carried out a test, examination and inspection or has acted in manner inconsistent with the intent or the purpose of this Act or the Rules made thereunder, or has omitted to act as required under the Act or Rules made thereunder;(c)for any other reason to be recorded in writing; may revoke the certificate of competency after giving an opportunity to the 'competent person' for being heard.Explanation.-For the purpose of this Rule, an institution includes an organisation.(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 State.Form of Application for grant of certificate of Competency to a person under sub-rule (1) of Rule 2A.
