As per the Factories Act, 1948, all production facilities must register with competent local authority, i.e. labour department. The said Act also provides for prior approval of the site plan from the Director of Factories to construct a new production facility. Keep in mind that the Director of Factories functions under the administrative control of the Commissioner of Labour. This write-up comprises the complete Checklist for factory license Registration that will help you cater to different requirements with ease.
Eligibility Checklist for factory license registration
As per the Factory Act, 1948, factory license registration is mandatory for;
- Entities (driven by power) and have a workforce comprising of a minimum of 20 workers
- Entities dealing with the production of Hazardous products
- Entities dealing with the production of Non-Hazardous products
- Non-power driven Entities with a workforce comprises of a minimum of 40 workers
Documentations Checklist for factory license registration
Registration related documents
- Memorandum of Association & Article of Association in case of entity registered under the Companies Act, 2013
- Partnership Deed in case of Partnership firm
- List of partners/Directors;
- Health and Safety Policy
- Resolution for declaration of occupier;
Process of Factory license registration
Step-1 Visit the Online Single Window Portal and register to the same by creating a new account.
Step-2 Open the application form
Step-3 Add a unit
Step-4 Tap on the option “Permissions/ NOC’s/ License”
Step-5 Select the facility
Step-6 Open the e-form for registration and fill out the same with legitimate information.
Step-7 Calculate the application fee and submit the e-form
Step-8 Click the option “pay the consolidated fee”
Registration of proposed building plan under Factories Act, 1948
The approval of the proposed building plan from the Director of the Factories is mandatory before commencing the construction work of the factory. Here’s how you can apply for the same:
Note: the onus of approving the proposed building plan lies on the followings;
- Factories which are operational via power and have 40 or more workers
- Non-power driven factories have 20 more workers
Step-1 Visit the Online Single Window Portal and register to the same by creating a new account.
Step-2 Open the application form
Step-3 Add a unit
Step-4 Explore “Permissions/ NOC’s/ License”
Step 5 Select the unit
Step-5 Choose Proposed Building Plan to open the e-form
Step-6 Fill out the e-form and attach the documents discussed below
Step-7 Submit the form.
Step-8 the certificate shall be granted by the authority after the on-site vetting.
Documents required for Building plan approval
- Site Plan Approval documents
- Certificate of Stability
- NOC of Fire
- NOC from the pollution department
- Process Flow Diagram
- NOC i.e. No objection certificate from local competent body
- NOC granted by the respective Explosive Department
- NOC granted by competent departments
- NOC From Electrical Safety
- Building Drawing Copy
- Proof of tenancy of factory establishment
- Memorandum Article
- Notification of Site
- List of Directors
- Resolution for the declaration of Occupier
- On-Site Emergency Plan
- Safety Report
- Health and Safety Policy
Safety and Welfare Checklist for Factory license holder
The following safety and welfare measures will be observed when a factory license is obtained;
| Safety Measures as per Factories Act, 1948 | Welfare Measures as per Factories Act, 1948 |
| Machinery fencing | Washing facilities |
| Working near machinery that is in motion | First aid services during emergencies |
| Prohibition of women and young adults near hazardous machinery | Rest areas |
| Protection of eyes, ears and other sensitive body parts during work hours | Crèches, canteens & lunchrooms for all the workers |
| The casing of new machinery | Presence of adequate toilet |
| Protection of eyes | Facilities for drying and storing clothing |
| Fire Prevention plan | First-aid appliances. |
| Effective management of Pits, sumps openings in floors, etc. | Compensatory holidays |
| Preventive measures for preventing exposure to dangerous fumes, gases, etc | Intervals for rest |
Pre and Post-registration compliance checklist for factory license holder
- Every factory license holder is liable to maintain an adult employee register. Such registers should comprise the details like worker’s name, nature of work, working shift, etc.
- The work timing for employees in a registered factory should not surpass the duration of 9 hrs. The net timeline also includes the rest time and lunch.
- Every worker shall be entitled to overtime wages if their work timing exceeds the duration of 9 hrs.
- No employer is liable to support the arrangement of overlapping shift
- A production facility with over 500 workers is bound to set up an ambulance room of a prescribed size. The said facility should be equipped and staffed as per the Factories Act, 1948[1].
- The person-in-charge should contain any imminent danger reported by a worker through swift remedial action. Such events should be reported to the nearest inspector as well.
- Entities dealing with hazardous production of any kind are liable to constitute a safety committee to promote proper health and safety at the workplace. the safety committee is also responsible for reviewing measures taken to contain any health or safety hazards
- Factories where exposure to chemical and toxic substances is more prevalent need to contain such exposure corresponding to a value cited in the second schedule. Also, there should be an arrangement of qualified personnel who will be liable to oversee the management of toxic substances present in the workplace.
- Factories dealing with chemical and toxic substances are liable to formulate health safety policies for the workers and share the same with the Chief inspector.
- There should be an on-site emergency plan in place to avert emergency situations.
- Factories that generate a considerable volume of hazardous dust, gas, fume or vapour should have an accumulation system in place.
- There should be a proper enclosure for a manufacturing process which is vulnerable to the explosion.
Conclusion
Factory license serves as a mandatory approval in cases like the establishment of the new production facility and an extension of present facility. The approval of the site plan from the chief inspector plays an essential role in the factory license registration. We hope that the aforesaid checklist for the Factory license has resolved all your registration and document-related queries. If you seek further assistance on the checklist for factory license registration, then write to us via comment box.
Read our Article:Factory License Registration: Legalities and Benefits
