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Rajasthan Factories Rules, 1951

CONTENTS

CHAPTER 1 :- Preliminary
1. Short title, extent and commencement
2. Definitions
3. Explanation
4. Raj. Factories Rules
Rajasthan Factories Rules, 1951
In exercise of the powers conferred by section 112 of the Factories
Act, 1948 (LXIII of 1948), the Government of Rajasthan is pleased
to make the following Rules, namely
CHAPTER 1
Preliminary

1. Short title, extent and commencement :-

(1) These Rules may be cited as the Rajasthan Factories Rules,
1951. 1[(2) These Rules extend to the whole of the State of
Rajasthan (including the Abu, Ajmer and Sune! area).] (3) These
Rules, except rules 29 to 33, 53, 66, 68 to 80 and 100 shall come
into force on 1st September, 1952 and rules 29 to 33, 53, 60, 68
to 80 and 100 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, and a "Section"
means a section of the Act. (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 steam or
water vapour into the atmosphere directly due to a manufacturing
process: Provided that the introduction of air directly from outside
through moistened mates 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. 1. Substituted vide
Notification No. F. 3(4) Ind. (c) 60, dated 12-12-1960, published in
Raj. Gazette, Part 4-(Ga), dated 2.2.1961. 2 Raj. Factories Rules
(d) "Belt" includes any driving strap or rope. (e) "Degree" {of
temperature) means degree on the Fahrenheit scale. (f) "District
Magistrate" includes such other official as may be appointed by the
State Government in that behalf. "Form" means a form prescribed
in these rules. (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 State
Government in that behalf, (t) "Hygrometer" means an accurate
wet and dry bulb hygrometer conforming to the prescribed
conditions as regards constructions and maintenance. G) 1[xxx] (k)
"Maintained" means maintained in an efficient state, in efficient
working order and in good repair. (I) "Manager" means the person
responsible to the occupier for the working of the factory for the
purposes of the Act. 2[2A. 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
o f carrying out tests, examinations, inspections and certifications
f o r such 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, located in
a factory, if such person possess the qualifications, experience and
other requirements as get 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 the 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
s o recognised, shall not have powers of an Inspector: Provided
further that the competent person recognised under this provision
shall be physically fit for the purpose of carrying out the tests,
examination and inspection. 1. Deleted vide Notification No. F. 4(3)
Shram/88, dated 8.1.1991, published in Raj. Gazette Part 3(Kh),
dated 25.6.1992. 2. Adde/1 vide Notification No. F4(3) Shram/88,
dated 8.1.1991, published in Raj. Gazette Part-3 (Kh), dated
25.6.1992. Raj. Factories Rules 3 (2) The Chief Inspector may
recognise an institution of repute, having persons, 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
o f 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 the
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 other
reason to be recorded in writing.
3. Explanation :-
For the purpose of this Rule, an institution includes as organisation.
(5) Any person aggrieved by an order of the Chief Inspector under
sub-rule 3 and 4 may appeal within a period of 30 days of the date
of the orders. After giving him an opportunity of hearing the State
Government may dispose of the appeal. (6) The Chief Inspector
may, for reasons to be recorded in writing, require recertification 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 State.
4. Raj. Factories Rules :-
Form of Application for grant of Certificate of Competency to a
person under sub-rule (2) 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 professional experience (in Chronological order) Name of
the Period of Designation Area of Organisation Service
Responsibility 7. Membership, if any, of professional bodies. 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 the 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,!
also undertake that I will, Raj. Factories Rules 5 notify the Chief
Inspector in case the competent person leaves our