Section 2A in Kerala Factories Rules, 1957

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State of Kerala - Section

Section 2A in Kerala Factories Rules, 1957

2A. Competent Person.

(1)The Chief Inspector may recognize any person as a 'competent person' within such area and for such period as may be specified for the purpose 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 a person possesses the qualifications, experience 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 respects of the facilities at his command:Provided further that the 'Competent person' recognized 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 recognize 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 of 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 there under, as a competent persons 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 recognized 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.Every application for recognition or renewal of recognition of competent person shall be accompanied by a treasury chalan receipt towards the remittance of the prescribed fee shown in Appendix II.

(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 reasons 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 this Act or the Rules made thereunder ; or has omitted to act as required under the Act and the Rules made there under ; or

(ii)for any other reason to be recorded in writing.

Explanation. - For the purpose of this Rule, an institution includes an organization.

(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.Form of Application for Grant of Certificate of Competency to a Person under Sub-Rule (1) of Rule 2A

1	Name	:
2	Date of Birth	:
3	Name of the Organization (if not self-employed)	:
4	Designation	:
5	Educationalqualification (copies of testimonials to be attached)Details of professional experience (inChronological order)	:
	Name of the organization	Period of Service	Designation	Area of Responsibility

7	Membership if any, of professional bodies	:
8	(i) Details of facilities(examination, testingetc.) at his disposal	:
	(ii) Arrangements for calibrating andmaintaining the accuracy of these facilities	:
9	Purpose of which competency certificate issought	:
	(section or sections of the Act should bestated)
10	Whether the applicant has been declared ascompetent person under any statue (if so, the details)	:
11	Any other relevant information	:
12	Declaration by the applicant

I ............................. hereby declare that the information furnished above is true. I undertake

(a)that in the event of any change in the facilities at my disposal (either addition or deletion) or my leaving the aforesaid organization, I will promptly inform the Chief Inspector ;

(b)to maintain the facilities in good working order, calibrated periodically as per manufacturer's instructions or as per National Standards ; and

(c)to fulfill and abide by all the conditions stipulated in the certificate of competency and instructions issued by the Chief Inspector from time to time.

Place :Date :Signature of the applicant.Declaration by the Institution (If Employed)I,............................... certify that Shri.......................... whose details are furnished above, is in our employment and nominate him on behalf of the organization for the purpose of being declared as a Competent Person under the Act. I also undertake that I will-

(a)notify the Chief Inspector in case the Competent Person leaves out employment;

(b)provide and maintain in good order all facilities at his disposal as mentioned above;

(c)notify the Chief Inspector any change in the facilities(either addition or deletion).

Place:		Signature
		Name and designation,
Date.:	Office Seal	Tel No.

Form of Application for Grant of Certificate of Competency to an Institution under Sub-Rule (2) of Rule 2A

1.	Name and full address of Organization	:
2.	Organization's status [specify whetherGovernment, Autonomous, Co- operative (Corporate or Private)]	:
3.	Purpose for which Competency Certificate isSought [Specify section (s) of the Act	:
4.	Whether the organization has been declared as acompetent person under this or any other statute. If so, givedetails	:
5.	Particulars of persons employed and possessing qualification and experience as set out in Schedule annexed to sub-rule (1) of Rule 2A

Sl. No	Name & Designation	Qualifications (Testimonial to be rules underwhich attached	Experience	Section(s) and the rules under which iscompetency sought for	Signature
1	2	3	4	5	6
1.2.

6.	Details of facilities (relevant to item 3 above) and arrangements made for their maintenance and periodical calibration
7.	Any other relevant information

DeclarationI .......................... hereby, on behalf of ................................. certify that the details furnished above are correct to the best of my knowledge. I undertake to:-

(1)Maintain the facilities good in working order, calibrated periodically as per manufactures instructions or as per National Standards; and

(2)To fulfill and abide by all the conditions stipulated in the Certificate of competency and instructions issued by the Chief Inspectors from time to time.

Place :	Signature of Head of the Institution
Date :	or of the persons authorized to sign on hisbehalf.
	Designation

Form of Certificate of competency issues to a person or an Institution in pursuance to Rule 2A Made under section 2(ca) Read with section ...............I,........................... in exercise of the powers conferred on me under Section 2(ca) of the Factories Act and the rules made thereunder, hereby recognise Shri.................... employed in ............................ (Name of the person), (Name of the organization) to be a competent person the purpose of carrying out tests, examinations, inspections and certification for such buildings, dangerous mac hinery, lifts and hoists, lifting machines and lifting tackles, pressure plants, confined space, ventilation system and process or plant and equipment (as the case may be) used in the factory located in Kerala State under section .......................... and the rule made thereunder. - *(*Strike out the words not applicable)This certificate is valid from............................to...........................This certificate is issued subject to the conditions stipulated hereunder:-

(i)Tests, examinations and inspections shall be carried out in accordance with the provisions of the Act and the Rules made thereunder;

(ii)Tests, examination and inspections shall be carried out under direct supervision of the competent person;

(iii)The certificate of competency issued in favour of a person shall stand cancelled if the person leaves the organization mentioned in his application;

(iv)The institution recognized as competent person shall carry out the tests, examination and inspections by

	Name	Sections Applicable
1.
2.
3.

(v)-----------------------------------------------------------------------

(vi)------------------------------------------------------------------------------

Station :	Office Seal	Signature of the Chief Inspector
Date :

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State of Kerala - Section

Section 2A in Kerala Factories Rules, 1957

2A. Competent Person.