Punjab Labour Dept amends the Punjab Factory Rules, 1952 in order to digitize and simplify the application process for submission of plans of factories and also to automate License renewal procedure

The Department of Labour, Government of Punjab, under a Notification dated 27th November, 2020 published in the Punjab Government Gazette on 4th December, 2020 has amended the Punjab Factory Rules, 1952. The new amended rule shall be referred to as Punjab Factory (Amendment) Rules, 2020 (“Amended Rules”) and are enumerated herein below:

 

Punjab  Factory Rules, 1952 Punjab Factory (Amendment) Rules, 2020 Implication
Rule 3-A, for Sub rule (2),

No addition/alteration or extension in the existing factory building shall be made unless plans in respect of such additions, alterations or extensions are approved by the Chief Inspector.

Rule 3-A, for Sub rule (2),

No additions, alterations or extensions in the existing factory shall be made, except those specified in the Schedule given below, unless such additions, alterations or extensions are accepted by the Chief Inspector.

 

With the Amended Rules, the Labour Department, Punjab Government has added a new Schedule for meeting out different types of additions, alterations or extensions in the existing factory.
Rule 3-A for Sub rule (3),

Application for submission the plans shall be made by the competent person, in Form No. 1-C along with the following plans and documents in duplicate (In duplicate duly  countersigned by the Occupier or Manager as the case may be), to the Chief Inspector – (a) A certificate of approval from the local authority within the jurisdictional limits of which the site of the factory is situated or from the Improvement Trust, if the site of the factory falls under the jurisdiction of any Improvements Trust, or a certificate of approval from the Director…….

(f) Such other particulars as the Inspector may require in relation to the approval

 

 

Rule 3-A for Sub rule (3),

Application for submission the plans shall be made by the competent person, in Form No. 1-C along with the following plans and documents in duplicate (In duplicate duly  countersigned by the Occupier or Manager as the case may be), to the Chief Inspector –

Application for submission of the plans shall be uploaded by the Occupier or Manager along with the following plans and  documents on the portal (pblabour.gov.in) of the Chief Inspector –

(a) A certificate of approval from the local authority within the jurisdictional limits of which the site of the factory is situated or from the Improvement Trust, if the site of the factory falls under the jurisdiction of any Improvements Trust, or a certificate of approval from the Director…..

(f) Such other particulars as the Inspector may require in relation to the approval (i)  the occupier or manager of the factory shall appoint a competent person for certification of Building Plans and Stability Certificate; and

(ii) the competent person shall make an application of self-certification to the effect that the building plans and stability certificate being certified are as per the Act and rules made thereunder. The  occupier or manager of the factory shall submit such certified application through his user name on the portal “pblabour.gov.in” of the Chief Inspector for acceptance”

 

 

It is important here to note that the application for submission of the plans shall be uploaded on the Govt. of Punjab, Department of Labour portal (pblabour.gov.in) by the Occupier or Manager along with the rest of the documents as given in Rule 3-A Sub rule (3) Clauses (a-f) in the Punjab Factory Rules, 1952.

 

This new rule enables the Manager or Occupier of a factory to appoint a competent person for handling certification of building plans and issue stability certificate. Also, the competent person is duty bound to make a self- certification application on the Labour Department, Punjab govt. portal (pblabour.gov.in)  and certify that the building plans are in accordance with the Punjab Factory Rules and the Factories Act.

 

  10 –A.   Automatic Renewal of License.-  (1) A license shall be renewed for one year digitally through automatic mode if there is no change in particulars of license from the previous granted or renewed license and other conditions required by Government.

(2) For the purposes of sub-rule (1), every application for the renewal of  license shall be made in Form 2-B together with the fees for a period of one year, and shall be submitted on departmental portal “pblabour.gov.in” not less than thirty days before the date on which the license is to expire.

(3) The fees for renewal of license for one year shall be as specified in the Schedule given under sub-rule (2) of rule 8:

Provided that if the application for renewal, complete in all respects, is not submitted on the portal within the time specified in sub-rule (2), a late  fee of twenty-five percent of the fees payable for the renewal of a license for one year shall be chargeable.

(4) The license generated under this rule shall have the same sanctity as renewed under rule 10.

 

The new rule 10-A has been added by the Amended Rules which deals with Automatic renewal of License. As per the new addition, the license shall be renewed for 1 year in a digital mode if there is no striking change in the license from the previous granted license. The Renewal application process should be made in Form 2B and should be uploaded on pblabour.gov.in portal along with the application fee within 30 days from the date of the expiry of the license. The fees for the grant of license for a factory for 1 year is  given in Rule 8 Sub rule 2 Schedule of the Punjab Factory Rules, 1952.
  114. Maintenance of registers in electronic or digital format.- (1) Occupier or factory Manager shall have an option to maintain the registers mentioned in the Schedule given below in electronic or digital format with time stamp, geo positioning and digital signatures of the occupier or factory manager in the same format as specified for the said registers in these rules (2) The Occupier or Manager shall provide access to the Inspector to inspect such registers as and when required and shall also make a provision for signing of such registers digitally by the Inspector.

(3) The Occupier or Manager shall preserve such registers as required under the provisions of the Act and these rules.

 

The Amended Rules gives the Occupier or Manager of a factory the power to maintain registers in electronic format and the access to the same must be given to the Chief Inspector at the time of inspection.

 

Source: Department of Labour, Punjab

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