2A. [ Competent Person.] [Added by No. 4, dated 8.1.1991 [25-6-1992].] (1) The Chief Inspector may recognise 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 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, experience and other requirements as get 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 where it is proposed to recognise 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 recognised, shall not have powers of an 'Inspector':Provided further that the 'competent person' recognised under this provision 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 persons, 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 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 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 recognise the applicant as a 'competent person' and issue a certificate of competency in the prescribed form or reject the application specifying the reasons therefor.(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(a)has violated any condition stipulated in the certificate of competency; or(b)has carried out a test, examination and inspection or has acted in the 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 and the Rules made thereunder; or(II)For any other reason to be recorded in writing.Explanation: For the purpose of this Rule, an institution includes an organisation.(5)Any person aggrieved by an order of the Chief Inspector under sub-rule 3 and 4 may appeal within a period of 30 days of the date of the orders, after giving him an opportunity of hearing the State Government may dispose of the appeal.(6)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 (2) of Rule 2A.
