Delhi Factories Rules, 1950
CHAPTER I
PRELIMINARY
1.Short title, extent and commencement
(1) These Rules may be cited as the Delhi Factories Rules, 1950.
(2) These Rules shall extend to the whole of the Delhi Province,
(3) These Rules, except Rules 29 to 33,53,62, 65 to 71 and 95 shall come into force on 15th August, 1950 and Rules 29 to 33, 53, 62,65 to 71 and 95 shall come into force on such dates as are specified therein.
2. Definitions-In these Rules unless there is anything repugnant in the subject or context:-
(a) "Act" means the Factories Act, 1948.
(b) "Appendix" means an appendix appended to these Rules.
(c) "Artificial Humidification" means the introduction of moisture into the air of a room by any artificial means whatsoever, except the unavoidable escape of steams or water vapour into the atmosphere ere directly due to a manufacturing process:
Provided that the introduction of air directly from outside through moist end mats or screens placed in openings at times when the temperature of the room is 80 degrees or more, shall not be deemed to be artificial humidification.
(d) "Belt"includes any driving strap or rope.
(e) "Degrees" (of temperature) means degrees on the Faherenheit scale.
(f) "District Magistrate" includes such other official as may be appointed by the Chief Commissioner in that behalf.
(g) "Fume" includes gas or vapour,
(h) "Health Officer" means the Municipal Health Officer or District Health Officer or such other official as may be appointed by the Chief Commissioner in that behalf.
(i) "Hygrometer" means an accurate wet and dry bulb hygrometer conforming to the prescribed conditions as regards constructions and maintenance.
(j) "Inspector" means an officer appointed under Section 3 of the Act and includes "Chief Inspector".
(k) "Maintained" means maintained in an efficient state, in efficient working order and in good repair.
(l) "Manager" means the person responsible to the occupier for the working of the factory for the purposes of the Act.
2-A Competent Person-
(1) The Chief Inspector may recognise any person as a ''Competent Person'' within such area and for such period as may be specified for the purposes of carrying out tests, examinations, inspections and certification for such buildings, dangerous, machinery, hoists and lifts, lifting machines and lifting tackles, pressure plants, 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 respect of facilities at his command:
Provided further that where it is proposed to recognise a person employed under the Chief Inspector as a ''Competent Person'', concurrence of the State Government shall be taken and such a person after being so recognised, shall not have powers of an Inspector:
Provided further that the ''Competent Person'' recognised 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 recognise an institution of repute, having person 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 for 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, as a 'Competent Person' 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 recognised 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 therefore.
(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 reason 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 thereunder; or
(ii) for any reason to be recorded in writing
Explanation: For the purpose of this Rule, an institution included a organisation.
(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 outside the states.
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 Organisation
(If not self employed)
4. Designation
5. Educational Qualification
(copies of testimonials to be attached)
6. Details of professionals experience
(in chronological order)
| Name of the Organisation | Period of Service | Designation | Area of Responsibility |
8. (i) Details of facilities (examination, testing etc.) at his disposal.
(ii) Arrangements for calibrating and maintaining the accuracy of these facilities.
9. Purpose for which competency certificate is sought (section or sections of the Act should be stated).
10. Whether the applicant has been declared as a Competent Person under any statute (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 organisation, I will promptly inform the Chief inspector;
(b) to maintain the facilities in good working order, calibrated periodically as per manufacturers instructions or as per National standards; and
(c) to fulfil 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 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 organisation for the purposes 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 our employment;
(b) provide and maintain in good order all facilities at the disposal as mentioned above;
(c) notify the Chief Inspector any change in the facilities (either addition or deletion).
Signature......................................
Designation..................................
Telephone No.
Date..............................
Official seal
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 the organisation.
2. Orgainsation's status
(specify whether Government, Autonomous, Cooperative, Corporate or Private).
3. Purpose for which competency certificate is sought [specify section(s) of the Act].
4. Whether the Organisation has been declared as a competent person under this or any other statute. If so, give details.
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 and Designation | Qualification | Experience | Section(s) and the Rules under which competency is sought for |
| 1. | ||||
| 2. | ||||
| 3. |
6. Details of facilities (relevant to item 3 above) and arrangements made for their maintenance and period i.e. calibration.
7. Any other relevant information.
8. Declaration:
I................................. hereby, on behalf of..................................................... certify the details furnished above are correct to the best of my knowledge I undertake to -
(i) maintain the facilities in good working order, calibrated periodically as per manufacturers instructions as per National Standards; and
(ii) to fulfil 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 Head of the Institutions
or of the persons authorised to sign on his behalf
Designation
Form of Certificate of competency issued 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 recognize............................. (Name of the institution) of Shri................................(Name of the person) employed in..........................................(Name of the Organisation) to be a competent person for the purpose of carrying out tests, examinations, inspections and certificate for such buildings, dangerous...
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