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Statutes

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. THE FACTORIES ACT [Act No. 63 of 1948] As amended by the Factories (Amendment) Act, 1987]      .
. CHAPTER I, Preliminary .
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6. Approval, licensing and registration of factories

(1)The State Government may make rules -

  1. 26[(a)requiring, for the purposes of this Act,thesubmissionofplans of any class or description offactories totheChiefInspectorortheState Government;]
    27[(aa)] requiring the previous permission inwriting of the State Government or
    the Chief Inspector to be obtainedfor the site on which the factoryis to besituatedandfor the construction or extension of anyfactory or class or description of factories;
  2. requiring for the purpose of considering applications for such permission the submission of plans and specifications;
  3. prescribing the nature of such plans and specifications and by whom they shall be certified ;
  4. requiringtheregistrationandlicensingof factories,oranyclassor descriptionoffactories,andprescribing the feespayableforsuch registration and licensing and for the renewal of licenses;
  5. requiring that no license shall be granted orrenewedunlessthenotice specified in section 7 has been given.

(2) If on an application for permission referred to in 29[clause (aa)]of sub-section (1) accompanied bytheplans andspecifications required by the rules made under clause(b)ofthatsub-section,sentto the28[State]GovernmentorChief Inspector by registered post, no order is communicatedtotheapplicantwithin three months from the date on which it is sosent,thepermission applied for in the said application shall be deemed to have been granted.

(3) Where a 28[State] Government or a Chief Inspector refuses to grantpermission to the site, constructionorextension ofafactoryortotheregistrationand licensing of a factory, the applicant may withinthirty days ofthedateofsuch refusal, appeal to the Central Government if the decision appealedfrom wasof the 28[State] Government and to the 28[State] Government in any other case.

Explanation: A factory shallnot be deemed to be extended withinthemeaning of this section by reason only ofthe replacement ofanyplantormachinery,orwithin such limits as may be prescribed, ofthe addition of any plant or machinery.30[If such replacement or addition does notreducethe minimum clearspacerequiredfor safe working around the plant or machinery or adversely affect the environmental conditions from the evolution or emission of steam, heat or dust or fumes injurious to health.]

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26.  Ins. by Act 94 of 1976 
27.  Original Cl. (a) relettered as cl.(aa) by ibid.
28.  Subs. for "Provincial" by the Adaptn. of Laws Order, 1950
29.  Subs. for "clause (a)" by ibid.
30.  Ins. by ibid.

 

 

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