Govt. of Puducherry amends the Puducherry Factories Rules, 1964; introduces online systems under several provisions and mandates the maintenance of registers manually or electronically

Govt. of Puducherry amends the Puducherry Factories Rules, 1964; introduces online systems under several provisions and mandates the maintenance of registers manually or electronically

September 28, 2019 Industries, LAB, Puducherry 0

The Department of Labour, Government of Puducherry (“Department”) through a Notification dated 8th August 2019 has issued amendments to the Puducherry Factories Rules, 1964 by introducing the Puducherry Factories (Amendment) Rules, 2018 (“Amendment Rules”).

A comparison of the amendments vis-à-vis the Principal Rules is provided below:

Principal Rules Amendment Rules Implication
Rule 3-Approval of site, construction or extension of a factory

(2)- Application for such permission shall be made in Form 1-C.

Rule 3- Approval of site, construction or extension of a factory

(2)- Application for such permission shall be made in Form 1-C through the web portal of the Chief Inspectorate of Factories and Boilers, Puducherry.

The procedure of obtaining site approval for construction or extension of the factory has been made online, which was earlier only through offline mode.

 

As per the amendment, the application for approval of site, construction or extension of a factory must be done through Form 1-C through the web portal of the Chief Inspectorate of Factories and Boilers, Puducherry.

Rule 4- Registration and Grant of licence for a factory.

(2)-The fees payable for registration and grant of licence to a factory shall be as specified in the schedule hereto. The application in Form No-2 shall be accompanied by a challan receipt evidencing payment of the appropriate fee specified in the schedule hereto.

Rule 4- Registration and Grant of licence for a factory.

 

(2) The fees applicable for registration and grant of licence to a factory shall be as specified in the Schedule hereto and the appropriate fee for registration and grant of licence shall be remitted through the on-line payment portal of Government of Puducherry under the relevant Head of Account viz., “0230-00-104-02-00-00, Fees realised under the Factories Act – Licence fees. The application in Form No. 2 shall be accompanied by the e-challan receipt, evidencing payment of the appropriate fee specified in the Schedule hereto. The application in Form No. 2 shall be made through the on-line portal of the Chief Inspectorate of Factories and Boilers, Puducherry, or personally delivered to the Office of the Chief Inspectorate of Factories and Boilers or sent by registered post.

The procedure of payment of fees for registration and licence for a factory is made online. The payment will be remitted through the on-line payment portal of Government of Puducherry under the relevant Head of Account viz., “0230-00-104-02-00-00, Fees realised under the Factories Act – Licence fees. Also, the application in Form No. 2 shall be made through the on-line portal of the Chief Inspectorate of Factories and Boilers, Puducherry, or personally delivered to the Office of the Chief Inspectorate of Factories and Boilers or sent by registered post.

 

Earlier, for the registration and grant of licence for a factory, the fees to be paid for such registration used to be done only manually by attaching the challan along with Form No 2.

Rule 5- Amendment of Licence.

(2) An application for the amendment of licence shall be submitted to the Chief Inspector specifying the nature of the amendment sought and the reasons therefore atleast fifteen days prior to the date on which the applicant desires the amendment to take effect. The application shall be accompanied by the original licence if it is not already available with the Chief Inspector and a challan receipt evidencing payment of the appropriate fee.

Rule 5- Amendment of Licence.

(2) An application for the amendment of licence shall be submitted to the Chief Inspector through the on-line portal of the Chief Inspectorate of Factories and Boilers, Puducherry, or personally delivered to the Office of the Chief Inspectorate of Factories and Boilers or sent by registered post specifying the nature of the amendment sought and the reasons therefore atleast fifteen days prior to the date on which the applicant desires the amendment to take effect. The application shall be accompanied by the original licence if it is not already available with the Chief Inspector and a challan receipt evidencing payment of the appropriate fee.

The procedure of amendment of licence has now been made online. The application to be submitted for the amendment in licence will now be submitted to the Chief Inspector through the on-line portal of the Chief Inspectorate of Factories and Boilers, Puducherry, or personally delivered to the Office of the Chief Inspectorate of Factories and Boilers or sent by registered post.

 

Earlier for the amendment of licence, the application had to be submitted to the Chief Inspector manually.

Rule 6- Renewal of Licence

 

(2) The occupier of every factory licenced under rule 4 shall be submitted to the Chief Inspector in an application in Form No 2 for the renewal of licence. An application for the renewal shall be made not less than two months before the date on which the licence expires and shall be accompanied by the original licence if it is not already available with the Chief Inspector.

Rule 6- Renewal of Licence

 

(2) The occupier of every factory licenced under rule 4 shall be submitted to the Chief Inspector in an application in Form No 2 for the renewal of licence through the on-line portal of the Chief Inspectorate of Factories and Boilers, Puducherry, or personally delivered to the Office of the Chief Inspectorate of Factories and Boilers or sent by registered post. An application for the renewal shall be made not less than two months before the date on which the licence expires and shall be accompanied by the original licence if it is not already available with the Chief Inspector.

 

(3A) The occupier of a factory may opt to remit the licence fee for obtaining initial licence or renewal of licence for a period up to fifteen consecutive calendar years instead of getting it renewed every year. The occupier shall make a specific request in Form No. 2 indicating the number of years for which licence is sought for. In such cases, the fee payable for grant of or renewal of licence of a factory shall be proportionate to the annual fee as per multiplied by number of years for which licence is sought for.

The procedure of renewal of licence has been made online. Post the amendment, for the renewal of licence the occupier will apply in Form No 2 through the on-line portal of the Chief Inspectorate of Factories and Boilers, Puducherry, or personally delivered to the Office of the Chief Inspectorate of Factories and Boilers or sent by registered post.

 

Earlier the procedure of renewal of licence was submission of application in Form 2 manually.  submit the application in Form No 2 manually.

 

Additionally, post the amendment, the occupier of a factory may opt to remit the licence fee for obtaining initial licence or renewal of licence for a period up to fifteen consecutive calendar years instead of getting it renewed every year. The occupier will make a specific request in Form No. 2 indicating the number of years for which licence is sought for. In such cases, the fee payable for grant of or renewal of licence of a factory will be proportionate to the annual fee as per multiplied by number of years for which licence is sought for.

Rule 7- Transfer of Licence

 

(2) Such application of transfer shall be made to the Chief Inspector and accompanied by a fee of five rupees for each such application.

Rule 7- Transfer of Licence

 

(2) Such application for transfer shall be made to the Chief Inspector through the on-line portal of the Chief Inspectorate of Factories and Boilers, Puducherry, or personally delivered to the Office of the Chief Inspectorate of Factories and Boilers or sent by registered post and accompanied by a fee of one hundred rupees paid through the on-line payment portal of the Government of Puducherry under relevant Head of Account viz., 0230-00-104-02-00-00. Fees realised under the Factories Act – Licence Fees for each such application.

Post the amendment, the procedure of transfer of licence is made online. The application for the transfer of licence, will now be made to the Chief Inspector through the on-line portal of the Chief Inspectorate of Factories and Boilers, Puducherry, or personally delivered to the Office of the Chief Inspectorate of Factories and Boilers or sent by registered post and accompanied by a fee of one hundred rupees paid through the on-line payment portal of the Government of Puducherry under relevant Head of Account viz., 0230-00-104-02-00-00. Fees realised under the Factories Act – Licence Fees for each such application.

 

Earlier for the transfer of licence, the application used to be made to the Chief Inspector manually accompanied with a fee of five rupees.

 

Rule 10-Payment of Fees

 

(1) Every application under these rules shall be accompanied by a challan receipt showing that the appropriate fee has been paid under the head of the account.

 

0230-Labour and Employment, 101- Fees realised under Factories Act- Licence Fees

Rule 10-Payment of Fees

 

(1) Every application under these rules shall be accompanied by fee paid through the on-line payment portal of the Government of Puducherry under relevant Head of Account viz., 0230-00-104-02-00-00. Fees realised under the Factories Act – Licence Fees.

As specified above, the procedure of payment of fees is made online. As per the amendment, every application which will be made under these rules will be accompanied by fee paid through the on-line payment portal of the Government of Puducherry under relevant Head of Account viz., 0230-00-104-02-00-00. Fees realised under the Factories Act – Licence Fees.

 

Earlier the payment of fees for the applications made used to be accompanied manually by the challan receipt showing that the appropriate fee has been paid under the head account.

Rule 110- Returns

 

The Manager of every factory shall furnish to the Inspector having jurisdiction over the area where the factory is located the following returns, namely:

 

(1) Annual yearly returns: On or before the 31st January of each year, a combined annual return, in duplicate, in Form No. 19;

 

(2) Half-yearly returns: On or before the 31st January and 31st July of each year, a half-yearly return in duplicate in Form No. 20.

Rule 110- Returns

 

The Manager of every factory shall furnish to the Inspector having jurisdiction over the area where the factory is located the following returns, namely:

 

(1) Annual yearly returns: On or before the 31st January of each year, a combined annual return, in duplicate, in Form No. 19;

 

(2) Half-yearly returns: On or before the 31st January and 31st July of each year, a half-yearly return in duplicate in Form No. 20.

 

Provided that the returns under sub-rules (1) and (2) said above, shall be made through the on-line portal

of the Chief Inspectorate of Factories and Boilers, Puducherry and shall be maintained in electronic form or personally delivered to the Office of the Chief Inspectorate of Factories and Boilers.

 

Provided further that during inspection, the Inspector may require the production of books, registers and other documents maintained in electronic form.

 

Explanation: For the purposes of this rule, the expression

“electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000).

Post the amendment, the filing of returns has been made online. The Annual and the Half-Yearly return shall be made through the on-line portal of the Chief Inspectorate of Factories and Boilers, Puducherry and shall be maintained in electronic form or personally delivered to the Office of the Chief Inspectorate of Factories and Boilers.

 

Also, during inspection, the registers and records need to be maintained in electronic form and produced before the Inspector.

No Rule 118A Rule 118 A.— Maintenance of registers:

 

All the books, registers and records required to be maintained under the said rules, stipulated under the Factories Act, 1948 shall at the discretion of the occupier/manager may

be maintained in electronic form.

 

Provided that during inspection, the Inspector may require the production of books, registers and other documents maintained in electronic form.

 

Explanation: For the purposes of this rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r)

of section 2 of the Information Technology Act, 2000 (21 of 2000).

Through the amendment, now the factories in Puducherry will have to maintain registers which will include all books, registers and record required may be maintained at the discretion of the occupier or manager, such registers can be maintained in electronic form and during inspection, the Inspectors will be requiring the production of books, registers that are maintained in electronic form.

 

 

Source: Department of Labour, Government of Puducherry

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