Public comments invited on draft amendments to Madhya Pradesh Factories Rules, 1962; amendments propose to facilitate online registration and grant of licence for factory; comments need to be submitted by 1st January, 2021

The Labour Department of Madhya Pradesh (“Department”) has published draft amendments to the Madhya Pradesh Factories Rules, 1962. Public comments and suggestions received with regard to the draft amendments by 1st January 2021 will be considered by the State Government.

The Department proposes to facilitate online submission of Form no. 4 on the official portal of Madhya Pradesh Labour Department for registration and grant of licence. It further proposes to facilitate online payment as per tenure of licence along with online grant of licence in Form no. 3 to the applicant (on the basis of tenure of licence applied for).

The proposed changes to the existing Rules have been provided below for ease of reference:

Original Rules Draft Amendment
Rule 6: Registration and grant of licence. –
(1) Not less than 15 days before the occupier begins to use any premises as a factory he shall make to the Chief Inspector an application for Registration and Grant of licence along with notice of occupation in Form No. 4, in duplicate. The application shall be accompanied by a Treasury chalan as proof of the payment of the amount of fee as specified in the Schedule below : Provided that the State Government may, by general or special order exempt any class or description of factory from the operation of this rule :-

(2) The Chief Inspector of factories may, on application being made to him under sub-rule (1) and on payment of the fees prescribed in the said sub-rule and on being satisfied that there is no objection to the grant of licence applied for, register the factory and grant a licence in Form 3, to the applicant to use as factory such premises as are specified in the application and subject to compliance with such conditions as are specified in the licence : Provided that subject to the provisions of sub-section (3) of Section 6 of the Act the Chief Inspector may refuse to register the factory and grant a licence if he is satisfied-

(i) that the plans of the factory have not been approved as required under Rule 3 by the Chief Inspector;

(ii) that the factory has not been constructed in accordance with the plans approved by the Chief Inspector or in compliance with the conditions subject to which the plans are approved, or certificate of stability in respect of any building or structure of the factory has not been submitted or has not been accepted by him;

(iii) that material requirements of the relevant provisions specified in Schedules to Rule 107 in relation to the factory concerned have not been complied with; or

(iv) that there is imminent danger to life in the factory due to the plant, Reactors, Pressure plants machinery or the factory building or the manufacturing process to be carried therein, or due to the presence of Toxic or explosive or inflammable materials, dusts, gases or fumes and effective measures in his opinion, have not been taken to remove the danger.

(1) Not less than 15 days before the occupier begins to use any premises as a factory he shall make to the Chief Inspector an application for Registration and Grant of licence along with notice of occupation in Form No. 4, in duplicate online form no. 4 available on official portal of the Labour Department, Government of Madhya Pradesh (www.labour.mp.gov.in). The application shall be accompanied by a Treasury chalan as proof of the payment of the amount of fee as specified in the Schedule below total amount of fees as for such calendar years as applicable for such registration:

Provided that the State Government may, by general or special order exempt any class or description of factory from the operation of this rule :-

(2) The Chief Inspector of factories may, on application being made to him under sub-rule (1) and on payment of the fees prescribed in the said sub-rule and on being satisfied that there is no objection to the grant of licence applied for, register the factory and grant a licence in Form 3 register the factory and grant a licence online in form No. 3 for ten years or more or for such period as applied, to the applicant to use as factory such premises as are specified in the application and subject to compliance with such conditions as are specified in the licence : Provided that subject to the provisions of sub-section (3) of Section 6 of the Act the Chief Inspector may refuse to register the factory and grant a licence if he is satisfied-

(i) that the plans of the factory have not been approved as required under Rule 3 by the Chief Inspector;

(ii) that the factory has not been constructed in accordance with the plans approved by the Chief Inspector or in compliance with the conditions subject to which the plans are approved, or certificate of stability in respect of any building or structure of the factory has not been submitted or has not been accepted by him;

(iii) that material requirements of the relevant provisions specified in Schedules to Rule 107 in relation to the factory concerned have not been complied with; or

(iv) that there is imminent danger to life in the factory due to the plant, Reactors, Pressure plants machinery or the factory building or the manufacturing process to be carried therein, or due to the presence of Toxic or explosive or inflammable materials, dusts, gases or fumes and effective measures in his opinion, have not been taken to remove the danger.

 

 

Source: Labour Department, Madhya Pradesh

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