PROCEDURE AND CHECKLIST FOR APPROVAL OF BUILDING PLANS AND REGISTRATION/RENEWAL OF LICENCE OF FACTORY UNDER FACTORIES ACT, 1948

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Transcription:

PROCEDURE AND CHECKLIST FOR APPROVAL OF BUILDING PLANS AND REGISTRATION/RENEWAL OF LICENCE OF FACTORY UNDER FACTORIES ACT, 1948 Department of Labour and Employment

Contents A. Approval of building Plans... 2 a) Checklist for approval of Building Plans:... 2 b) Service Delivery Process:... 4 B. Registration and grant of license under The Factories Act, 1948... 6 a) Checklist for registration and grant of license under The Factories Act, 1948... 6 b) Service Delivery Process:... 7 c) Fee Schedule... 9 C. Renewal of license under The Factories Act, 1948... 10 a) Checklist for renewal of license under The Factories Act, 1948... 10 b) Service Delivery Process:... 12 c) Fee Schedule... 14 1 P a g e

A. Approval of building Plans a) Checklist for approval of Building Plans: 1. Form No-1 ( e-form and submission/filling in online mode only through the web application) 2. Form No 1-A ( e-form and submission/filling in online mode only through the web application) 3. Questionnaire ( e-form and submission/filling in online mode only through the web application) 4. Flow-chart of manufacturing process. 5. Write up chart of manufacturing process. 6. Resolution passed by Board of Directors in which one of the Directors has been declared as occupier or resolution passed by partners in case of firm in which one of the partners has been declared as occupier or declaration of proprietor in case of proprietorship concern. 7. List of Directors/Partners (Parentage and complete residential addresses of Directors/ Partners may be clearly mentioned). 8. List of machinery. 9. Copy of power sanction certificate from concerned authorities of HPSEB. 10. Latest/ valid copy of No Objection Certificate from H.P. State Environment Protection & Pollution Control Board.3 11. Latest/ valid copy of NOC from Chief Fire Officer H.P. Shimla-2 regarding fire safety. 12. Site Plan of the factory. 13. Building drawings including elevations, Plans & cross sections. 14. Machine lay out. 15. Memorandum and Articles of Association in case of company. 2 P a g e

16. Legible copy of partnership deed duly attested by Magistrate or Notary in case of partnership concern. 17. In case of proprietorship concern, name, parentage and complete residential address of proprietor is required to be given through declaration which is attested either by Magistrate or by Notary. 18. All the documents are required to be signed by the occupier. 19. All the drawings are required to be signed by the occupier as well as Chartered Engineer/Chartered Architect. 20. Copy of approval from Department of Industries. In case it is a small scale unit, copy of registration with General Manager, District Industries Centre may be submitted. In case of medium /large scale industry, the copy of approval from State Level Single Window Clearance & Monitoring Authorities may be submitted. 21. Copy of Jamabandi/ Misal Haquiyat/ Tatima of the site on which the factory is situated. If the factory is situated in rented premises, copy of rent deed may be submitted. In case of factory situated in industrial area, copy of allotment letter regarding plot may be submitted. If the factory is situated in leased premises, copy of leased deed may be submitted. 22. Copy of drug license issued by Drug Controller, H.P. in case of pharmaceutical unit. 3 P a g e

b) Service Delivery Process: Sr. No. 1 2 3 Approval of building Plan Process Description If applicant wants to apply for Approval of Building Plans online directly, then applicant has to access the online application at admis.hp.nic.in/ofris. If applicant is not registered in application then User has to register at the online application & create the User ID and passwords. This can be done by following the listed steps: Click Register on OFRIS home page User profile information page will be displayed All necessary information should be entered. Click Submit. After acceptance by the department and automated e-mail will be sent to the email ID provided by the user which will provide a link verify mail. Click on the link verify mail for the authentication of email ID. Once the account is activated, applicant can use the user ID & Password to login and click confirmation. Now user can apply for the online application Once applicant is registered, login to online application using User ID and Password: Login into OFRIS by providing respective username and password on the application. Add Rooms (Form 1A - request is submitted as e- form through the web portal) Questionnaire ( request is submitted as e-form through the web portal) Attached the necessary set of supporting documents. Message board (used for any communication with Department) Check Status of the filled application. Responsibility Centre / / 4 P a g e

4 5 6 7 8 9 10 11 DEPARTMENT OF LABOUR AND EMPLOYMENT Then click on Submit to Submit Building plan Approval to the Department. Note: No fees is applicable for approval of building plans. This concludes the application submission procedure done online directly by the applicant. application registers the service request made by the applicant and generates a Unique service request ID on e-mail/ mobile. can check the status based on the Unique application request number by logging into the application. routes the request along with attached documents to the Dealing Assistant for primary scrutiny of applications. Dealing Assistant review the application request along with the attached documents and may forward the application to Deputy Director (factories) with comments/ observations (if any) in online mode. When the application is received by the Deputy Director (factories), he/she may: For any additional/incomplete info required to process the application, Deputy Director (factories) may send back the application to the applicant. If details are satisfactory, then the application is recommended to the Chief Inspector of Factories for grant of approval. is reviewed and approval is granted. Approval letter is uploaded by the competent authority in the application and applicant may download the same online. is updated with the status of the application requested through auto generated SMS and automated e-mail. Dealing assistant (scrutiny officer) Deputy Director (factories) Chief Inspector of Factories Note: Department has mandated timelines (30 days after completion of all codal formalities) through the Public Service Delivery Guarantee Act for approval of complete application vide notification No. Shram (A)6-2/10-Part-File-1-L dated 27.06.2016. Notification can be accessed by following the link: http://himachal.nic.in/showfile.php?lang=1&dpt_id=14&level=1&lid=15338&sublinkid =14975 5 P a g e

B. Registration and grant of license under The Factories Act, 1948 a) Checklist for registration and grant of license under The Factories Act, 1948 1. Form No.3. ( e-form and submission/filling in online mode only through the web application) 2. Certificate of Stability duly signed by the Chartered Engineer/Chartered Architect. 3. Resolution passed by Board of Directors in which one of the Directors has been declared as occupier OR resolution passed by partners in case of firm in which one of the partners has been declared as occupier OR declaration of proprietor in case of proprietorship concern. 4. List of Directors/Partners (Parentage and complete residential addresses of Directors/Partners may be clearly mentioned). 5. Legible copy of partnership deed duly attested by Magistrate or Notary in case of partnership concern. 6. In case of proprietorship concern, name, parentage and complete residential address of proprietor is required to be given through declaration which is attested either by Magistrate or by Notary. 7. Memorandum and Articles of Association in case of company. 8. Copy of power sanction certificate from concerned authorities of HPSEB. 9. All the documents are required to be signed by occupier (Prop, Partner or Director as the case may be). 6 P a g e

b) Service Delivery Process: Sr. No. 1 2 3 4 5 6 Grant of license under The Factories Act, 1948 Process Description If applicant wants to apply for grant of license under The Factories Act, 1948 online directly, then applicant has to access the online application at admis.hp.nic.in/ofris. For this, building plan shall be approved prior application for Grant of license under The Factories Act, 1948. Once the building plan has been approved by the Department, user can apply online for factory registration by clicking on Factory Registration (Form 3 (( e-form and submission/filling in online mode only through the web application))). Following steps shall be followed: Attached the necessary set of supporting documents. Add Chemicals Details Add Manager Details Add Occupier Details Add Owner Details Add Process of Factory Add other details as desired in e form Select the payment mode and make the payment either by printing the challan generated online or pay the requisite fee online through the Payment Gateway using Net-banking, debit card etc. This concludes the application submission procedure done online directly by the applicant. application registers the service request made by the applicant and generates a service request ID on e-mail/ mobile. can check the status based on the application request number by logging into the application. Responsibility Centre / 7 P a g e

7 8 9 10 routes the request along with attached documents to the Dealing Assistant for primary scrutiny of applications. Dealing Assistant review the application request along with the attached documents and may forward the application to Deputy Director (factories) with comments/ observations (if any) in online mode. When the application is received by the Deputy Director (factories), he/she may: For any additional/incomplete info required to process the application, Deputy Director (factories) may send back the application to the applicant. If details are satisfactory, then the application is recommended to the Chief Inspector of Factories for grant of approval. is reviewed and approval is granted. Approval letter is uploaded by the competent authority in the application and applicant may download the same. Dealing assistant (scrutiny officer) Deputy Director (factories) Chief Inspector of Factories 11 is updated with the status of the application requested through auto generated SMS and automated e-mail. Note: Department has mandated timelines (20 days after completion of all codal formalities) through the Public Service Delivery Guarantee Act for approval of complete application vide notification No. Shram (A)6-2/10-Part-File-1-L dated 27.02.2016. Notification can be accessed by following the link: http://himachal.nic.in/showfile.php?lang=1&dpt_id=14&level=1&lid=15338&sublinkid=14975 8 P a g e

c) Fee Schedule Number of persons to be employed on any day during the year Quantity of Horse Power installed ( Maximum Horse Power) Up to 09 10 to 20 21 to 50 51 to 100 101 to 250 251 to 500 501 to 1000 1001 to 1500 1501 to 2000 Nil 250 500 750 1000 2000 3000 4500 6000 9000 12000 Upto 20 500 750 1000 2000 3000 4500 6000 9000 12000 16000 Above 2000 Exceeding 20 but not exceeding 50 Exceeding 50 but not exceeding 100 Exceeding 100 but not exceeding 250 Exceeding 250 but not exceeding 500 Exceeding 500 but not exceeding 1000 Exceeding 1000 but not exceeding 1500 Exceeding 1500 but not exceeding 2000 Exceeding 2000 but not exceeding 3000 Exceeding 3000 but not exceeding 5000 Exceeding 5000 but not exceeding 7000 Exceeding 7000 but not exceeding 10000 Exceeding 10000 but not exceeding 15000 750 1000 2000 3000 4500 6000 9000 12000 16000 20000 1000 2000 3000 4500 6000 9000 12000 16000 20000 25000-3000 4500 6 000 9000 12000 16000 20000 25000 28000-4500 6000 9000 12000 16000 20000 25000 28000 32000-6000 9000 12000 16000 20000 25000 28000 32000 36000-9000 12000 16000 20000 25000 28000 32000 36000 40000-12000 16000 20000 25000 28000 32000 36000 40000 45000-16000 20000 25000 28000 32000 36000 40000 45000 50000-20000 25000 28000 32000 36000 40000 45000 50000 55000-25000 28000 32000 36000 40000 45000 50000 55000 60000-28000 32000 36000 40000 45000 50000 55000 60000 65000-32000 36000 40000 45000 50000 55000 60000 65000 70000 Above 15000-36000 40000 45000 50000 55000 60000 65000 70000 75000 9 P a g e

C. Renewal of license under The Factories Act, 1948 a) Checklist for renewal of license under The Factories Act, 1948 1. Form No.3 ( e-form and submission/filling in online mode only through the web application) 2. Original Licence 3. If there is increase or decrease in no. of workers, then Rs.100/- is to be deposited as amendment fee. 4. If there is increase or decrease in power load, then Rs.100/- is to be deposited as amendment fee. 5. If there is change of occupier, then Rs.100/- is to be deposited as amendment fee. 6. If there is change in name of the factory, then Rs.100/- is to be deposited as amendment fee. 7. If there is change of occupier the following documents are required to be submitted:- (a) In case of proprietorship concern: Declaration regarding the proprietor and hence the occupier (b) In case of partnership concern: (i) (ii) (iii) List of partners Copy of partnership deed Resolution passed by partners in which one of partner has been appointed as occupier (c) In case of a company: (i) (ii) List of Directors Resolution passed by Board of Directors in which one of director has been appointed as occupier 10 P a g e

8. If there is change in the name of factory, the following documents are required to be submitted:- (a) In case of company: (i) (ii) (iii) (iv) Certificate from Registrar of Companies regarding change of name. Memorandum and Article of Association of new company. List of Directors. Resolution passed by Board of Director in which one of Director has been appointed as occupier. (b) In case of Firm: (i) (ii) (iii) (iv) Certificate from Registrar of firm regarding change of name. List of Partners. Copy of partnership deed. Resolution passed by partners in which one of partner has been appointed as occupier. 11 P a g e

b) Service Delivery Process: Sr. No. 1 2 3 4 5 6 Renewal of license under The Factories Act, 1948 Process Description If applicant wants to apply for renewal of license under The Factories Act, 1948 online directly, then applicant has to access the online application at admis.hp.nic.in/ofris. After registration, user can apply for renewal and amendments time to time in same process as in case of registration through his authorized login. Once the building plan has been approved by the Department, user can apply online for factory registration by clicking on Factory Registration (Form 3 (( e-form and submission/filling in online mode only through the web application))). Following steps shall be followed: Attached the necessary set of supporting documents (in case any amendment). Add Chemicals Details Add Manager Details Add Occupier Details Add Owner Details Add Process of Factory Select the payment mode and make the payment either by printing the challan generated online or pay the requisite fee online through the Payment Gateway using Net-banking, debit card etc. This concludes the application submission procedure done online directly by the applicant. application registers the service request made by the applicant. can check the status by logging into the application. Responsibility Centre / 12 P a g e

7 8 9 10 routes the request along with attached documents to the Dealing Assistant for primary scrutiny of applications. Dealing Assistant review the application request along with the attached documents and may forward the application to Deputy Director (factories) with comments/ observations (if any) in online mode. When the application is received by the Deputy Director (factories), he/she may: For any additional/incomplete info required to process the application, Deputy Director (factories) may send back the application to the applicant. If details are satisfactory, then the application is recommended to the Chief Inspector of Factories for grant of approval. is reviewed and approval is granted. Approval letter is uploaded by the competent authority in the application and applicant may download the same. Dealing assistant (scrutiny officer) Deputy Director (factories) Chief Inspector of Factories 11 is updated with the status of the application requested through auto generated SMS and automated e-mail. Note: Department has mandated timelines (20 days after completion of all codal formalities) through the Public Service Delivery Guarantee Act for approval of complete application vide notification No. Shram (A)6-2/10-Part-File-1-L dated 27.02.2016. Notification can be accessed by following the link: http://himachal.nic.in/showfile.php?lang=1&dpt_id=14&level=1&lid=15338&sublinkid=14975 13 P a g e

c) Fee Schedule Number of persons to be employed on any day during the year Quantity of Horse Power installed (Maximum Horse Power) Up to 09 10 to 20 21 to 50 51 to 100 101 to 250 251 to 500 501 to 1000 1001 to 1500 1501 to 2000 Above 2000 Nil 250 500 750 1000 2000 3000 4500 6000 9000 12000 Upto 20 500 750 1000 2000 3000 4500 6000 9000 12000 16000 Exceeding 20 but not exceeding 50 Exceeding 50 but not exceeding 100 Exceeding 100 but not exceeding 250 Exceeding 250 but not exceeding 500 Exceeding 500 but not exceeding 1000 Exceeding 1000 but not exceeding 1500 Exceeding 1500 but not exceeding 2000 Exceeding 2000 but not exceeding 3000 Exceeding 3000 but not exceeding 5000 Exceeding 5000 but not exceeding 7000 Exceeding 7000 but not exceeding 10000 Exceeding 10000 but not exceeding 15000 750 1000 2000 3000 4500 6000 9000 12000 16000 20000 1000 2000 3000 4500 6000 9000 12000 16000 20000 25000-3000 4500 6 000 9000 12000 16000 20000 25000 28000-4500 6000 9000 12000 16000 20000 25000 28000 32000-6000 9000 12000 16000 20000 25000 28000 32000 36000-9000 12000 16000 20000 25000 28000 32000 36000 40000-12000 16000 20000 25000 28000 32000 36000 40000 45000-16000 20000 25000 28000 32000 36000 40000 45000 50000-20000 25000 28000 32000 36000 40000 45000 50000 55000-25000 28000 32000 36000 40000 45000 50000 55000 60000-28000 32000 36000 40000 45000 50000 55000 60000 65000-32000 36000 40000 45000 50000 55000 60000 65000 70000 Above 15000-36000 40000 45000 50000 55000 60000 65000 70000 75000 14 P a g e