Section 6 in Maharashtra Factories (Safety Audit) Rules, 2014
6.
(1)An application for grant or renewal of certificate of recognition as a Safety Auditor for carrying out safety audit shall be made to the Chief Inspector by an individual in Form A and by an institution in Form B.(2)(a)On receipt of an application duly made in accordance with these rules, the Chief Inspector shall register such application and recommend it to the Government for its approval, after having satisfied itself as regards the competence and facilities available at the disposal of the applicant or recommend to the Government for rejecting the application, after specifying the reasons therefor within 30 days.(b)For giving an approval to the applicant as a Safety Auditor, the State Government may constitute a committee, if required, consisting of such members as it may deem fit, to advise it. The application shall be scrutinized by such committee and recommend it to the Government for its approval, after having satisfied itself as regards the competence and facilities available at the disposal of the applicant or recommend to the Government for rejecting the application, after specifying the reasons therefor within 30 days.(c)On receipt of the recommendation of the Chief Inspector or such committee, if constituted under paragraph (b), the State Government may grant recognition to the applicant as Safety Auditor or reject the application, after specifying the reasons therefor within 45 days.(d)After the State Government grants approval to the applicant as the Safety Auditor, the Chief Inspector shall issue a certificate of recognition in Form C, within 15 days subject to the following conditions and any other condition as may be specified by the State Government, namely:-(i)Safety Auditor shall maintain a log book of all safety audits undertaken by him indicating the name and address of the audited factory, name of the person who has carried out safety audit, contact persons, date of the audit and date of submission of the audit report to the Occupier. It shall be produced as and when required by officers of the Directorate of Industrial Safety and Health.(ii)Safety Auditor and the person authorized to carry out shall not conduct a Safety Audit of any factory where such auditor or person is employed, or an occupier, partner, director, or manager of that factory, or of any factory owned, operated, managed, or conducted by immediate family members, relatives or extended family members or wherein that auditor or such person has any direct or indirect interest whatsoever. An auditor or such person shall not carry out the safety audit of those factories to which that auditor or such person supplies any plant, machinery, raw material, safety equipments or other materials or equipment.(iii)Safety Auditor and the person authorized to carry out safety audit shall not disclose, even after he ceasing to be a recognized auditor or employee of the institution, any manufacturing or commercial sectors or working processes or other confidential information which may come to his knowledge in the course of their duties as an auditor. Any failure in this regard may make such auditor or person liable for criminal or civil proceedings, in accordance with the law for the time being in force.(3)The recognition granted under sub-rule (2) shall be valid for three years from the date of issue of Certificate of Recognition.(4)The application for renewal of recognition as a safety auditor shall be made atleast three months before the expiry of the period of recognition and the procedure stated in sub-rule (2) shall apply mutatis mutandis for its renewal.(5)The applicant shall not be eligible for renewal of recognition as a Safety Auditor if ,-(i)the State Government has revoked such recognition in the past on two occasions; or(ii)he has not carried out atleast three safety audits of factories in past two years; or(iii)[ he has obtained less than seventy per cent. marks in the performance appraisal regarding his eligibility assessed and scrutinised by the Additional or Joint Director on the following points the report of which is sent to the Director :- [Added by Maharashtra Notification No. FAC-2016/C.R.99/Labour-4, dated 9.8.2017.](i)Is there any complaint regarding safety audit from management or workers?(ii)Is any complaint about the integrity of the Safety Auditor?(iii)Whether any fatal accident or dangerous occurrence took place in the factory, in which there is loss of life or property or both within a period of one year from the date of audit?(iv)Whether the safety auditor have timely submitted or given,-(a)the intimation of safety audit to be carried out;(b)the safety audit report to the occupier;(c)the safety audit report to the concerned office of the directorate; or(d)any intimation of hazards posing danger observed during the safety audit?(v)Is there violation of any condition stipulated in the certificate of recognition as a Safety Auditor?(vi)Is there any discrepancies found between details mentioned in the safety audit report and actual facts found by the officer of the Directorate?(vii)Status of the health and fitness of the safety auditor;(viii)Whether the safety auditor disclosed any information relating to any manufacturing, commercial business secret or any process secret which came to his knowledge during safety audit.(ix)Whether the Safety Audit Report has been produced before the Safety Committee, or where the provisions of Safety Committee are not applicable, the recommendations and suggestions mentioned in safety audit are displayed in the factory?(x)Whether the Chief Inspector is of the opinion that the performance of the Safety Auditor is not satisfactory, if so, state the grounds as he may thinks fit.Explanation. - For the purpose of the assessment of applicant on such points (i) to (x)above, each point shall be assigned with weightage of 1 mark.](6)The State Government may, after giving an opportunity to the Safety Auditor of being heard, revoke the certificate of recognition, if it has a reasons to believe that,-(i)the Safety Auditor has violated any of the conditions stipulated in the certificate of recognition or renewal of recognition; or(ii)the Safety Auditor has carried out the safety audit in violation of the provisions of the Act or these rules or has acted in a manner inconsistent with the intent or the purpose of the Act or rules made thereunder or has omitted or failed to act as required under the Act and rules made thereunder; or[(ii-a) - the work of Safety Auditor is found unsatisfactory, and the Chief Inspector has issued warning notice to such Auditor on two occasions; or] [Inserted by Maharashtra Notification No. FAC-2016/C.R.99/Labour-4, dated 9.8.2017.](iii)for any other like reason.
