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State of Punjab - Section

Section 2A in The Punjab Factory Rules, 1952

2A. [ Competent person. [Inserted vide Punjab Government Gazette L.S.P. III dated 30.8.1996.]

- 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, examination, inspection 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 of plant and equipment located in a factory as stipulated in the Act and the rules made thereunder, if such person possesses the qualifications, experience and other requirements specified in the Schedule appended to this rule:]Provided that the Chief Inspector may relax the requirements of qualifications in respect of competent person if such a person is exceptionally experienced and knowledgeable: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 obtained and such a person after being so recognised, shall not have the powers of an Inspector :Provided further that the competent person recognised under this rule shall not be above the age of sixty-two years and shall be physically fit for the purpose of carrying out the requisite tests, examination and inspection.
(2)The Chief Inspector may recognise an institution of repute, having persons possessing qualifications and experience as specified in the Schedule, appended to this rule, and issue a certificate of competency in Form I-B for the purposes 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 processes of plant and equipment, as are stipulated in the Act and the rules made thereunder, a competent person within such area and for such period as may be specified.
(3)The Chief Inspector on receipt of an application in Form I-A from a person or an institution as the case may be, intending to be recognised as a competent person for the purposes of the 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 form I-B or by rejecting the same specifying reasons thereof, within a period of sixty days.
(4)The Chief Inspector of Factories, 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 a manner inconsistent with the intent or the purpose of the Act or the rules made thereunder; or has omitted to act as required under the Act or the rules made thereunder; or
(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 of Factories may, for reasons to be recorded in writing, require recertification 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 :