Odisha Factories Rules , 1950

Acts & Rules Category

Rules
The Orissa Factories Rules, 1950
Published vide Notification No. 94-Lab., dated 8th August, 1950, Orissa
Gazette Extraordinary No. 189 of 1950
or286

No. 94-Lab., dated 8th August, 1950. - In exercise of the powers conferred
by Section 112 of the Factories Act, 1948 (LXIII of 1948), and all other provisions
enabling it in this behalf, the Governor of Orissa is pleased to make the following
rules, the same having been previously published as required under Section 115
of the said Act, namely :-

CHAPTER-I
Preliminary
1. Short title, extent and commencement. - (1) These rules may be cited as
the Orissa Factories Rules, 1950.

(2) These rules shall extend to the States of Orissa.

(3) These rules except Rules 29 to 33, 53, 63 to 77 and 96 shall come into force
on the 8th August, 1950, and Rule 29 to 33, 53, 63 to 77 and 96 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
steam or water vapour into the atmosphere directly due to a manufacturing
process :
Provided that the introduction of air directly from outside through moistened
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 Fahrenheit scale;
(f) "District Magistrate" includes such other official as may be appointed by
the Government of Orissa in that behalf;
(f-i) "Form" means a form appended to 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;
(i) "Hygrometer" means an accurate wet and dry bulb hygrometer conforming
to the prescribed conditions as regards construction and maintenance
(j) [* * *]
(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.
[2A. Competent person. - (1) The Chief Inspector may recognize any person as
a 'Competent Person' within stich area and for such period as may be specified
for the purposes of carrying out tests, examination, inspections and certification
of buildings, hoists and lifts, lifting machines, chains, ropes and lifting tackles,
pressure plants, confined spacte, ventilation system and such other processes or
plants and equipments as stipulated inhale Act and these rules 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.]

Schedule
(See Rule 2-A)
(Qualification and experience of Competent person)
Sl. No.
Section or Rules under which competency is recognised
Qualification required
Experience for the purpose
Facilities at his command.
1
2
3
4
5
1.
Rules made under Section 6 (Certificate of stability for buildings.)
Degree in Civil or Structural Engineering or equivalent.
(i) A minimum of 10 years experience in the design or construction of testing or
repairs of structures;

(ii) Knowledge of non-destructive testing, various codes of practices that are

current and the effect of the vibrations and natural forces on the stability of the
building, and

(iii) Ability to arrive at a reliable conclusion with regard to the safety of the
structure or the building.

2
Section 28 hoists and lifts
A degree in Electrical and/or Mechanical Engineering or its equivalent.
(i) A minimum experience of 7 years in design or erection or maintenance; or
inspection and test procedure of lifts and hoists.
Facilities for lead testing, tensile testing, gauges equipments/ gadgets for
measurement and any other equipment required for determining the safe
working conditions of the Hoists and Lifts.
(ii) He shall be-
(a) Conversant with relevant codes of practices and test procedures that are
current;
(b) conversant with other statutory requirements covering the safety of Hoists
and Lifts;
(c) able to identify the defects and arrive at a reliable conclusion with regard to
the safety of the Hoists and Lifts.
3
Section 29-Lifting Machinery, chains, ropes and lifting tackles.
Degree in Mechanical or Electrical. Metallurgical Engineering or its equivalent
(i) A minimum experience of 7 years in design or erection or maintenance, or
testing, examination and inspection of lifting machinery, chains, ropes and lifting
tackles.
Facilities for lead testing tensile testing, heat treatment, equipment/gadget for
measurement, gauges and such other equipment to determine the safe working
conditions of the lifting machinery, tackles.
(ii) He shall be-
(a) conversant with the relevant codes of practices and test procedures that are
current;
(b) conversant with fracture machines and metallurgy of the material of
construction;
(c) conversant with heat treatment/stress relieving techniques as applicable to
stress bearing components and parts of lifting machinery and lifting tackles;
4
Section 31 - 'Pressure Plant'
Degree in Chemical or Electrical or Metallurgical or Mechanical Engineering or its
equivalent.
(1) A minimum experience of 10 years in design or erection or maintenance or
Testing, examination and inspection of pressure plants.
Facilities for carrying out hydraulic test, non-destructive test, gauges
equipment/gadgets for measurement and any other equipment or gauges to
determine the safety in the use of pressure vessels.
(ii) He shall be-
(a) conversant with the relevant codes of practices and test procedures relating
to pressure vessels;
(b) conversant with other statutory requirements concerning the safety of unfired
pressure vessels and equipment operating under pressure;
(c) conversant with the destructive testing techniques as are applicable to
pressure vessels;
(d) able to identify the defects and arrive at a reliable conclusion with regard to
the safety of the pressure plant.
5
(i) Section 36 precautions against dangerous fumes.
Master's degree in Chemical Engineering.
A minimum of 7 years in collection, analysis of environmental samples and
calibration of monitoring equipment.
Meters, instruments and devices duly calibrated certified for carrying out the
tests and certification of safety in working In confined spaces.
6
Ventilation systems as required under various schedules framed under Section
87, such as schedules on-
Degree in Mechanical or Electrical Engineering or equivalent.
(i) A minimum of 7 years in the design fabrication, installation, testing of
ventilation system and systems used for extraction and collection of dusts fumes
and vapours and other ancillary equipment.

(i) Grinding or glazing of metals and process incidental thereto;

(ii) He shall be conversant with relevant codes of practice and tests procedures
that are current in respect of ventilation and a traction system for furnaces and
shall be able to arrive at a reliable conclusion with regard to effectiveness of the
system.

(ii) Cleaning or smoothing, roughening, etc. of articles, by a jet of sand, metal

shot, or grit, or other abrasive propelled by a blast of compressed air or steam.
(iii) Handling and processing of Asbestos.
(iv) Manufacturing of Rayon by viscost process.

Note-I - The Chief Inspector may relax the requirements of qualification in

respect of a "Competent Person" If such person is exceptionally experienced and
knowledgeable.
Note-II - 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 inspections.
(2) The Chief Inspector may recognise an institution of repute, having persons
possessing qualifications and experience as set out in the Schedule for the
purpose of carrying out tests, examinations, inspections and certification of
buildings, hoists and lifts, lifting machines, chains, ropes and lifting tackles,
pressure plants, confined space, ventilation systems and such other process or
plants and equipments as stipulated in the Act and these rules as a "Competent
Person" within such area and for such period as may be specified.

(3) The application for certificate of recognition as in [Form 34] shall accompany
a registration fee Rs.5,000,00 (Rupees five thousand) only in shape of treasury
challan under the head of account as notified by Government from time to time
for each such applicant. The fees once paid is not refundable.
(4) The Chief Inspector shall constitute a Committee of not less than three
Officers of his Directorate, who shall examine the competence and the facility
available at the disposal of the applicant and shall recommend for recognition
within one moth from the date of receipt of the application.

(5) The Chief Inspector on receipt of an application in Form (s) from an applicant
or an institution intending to be recognised as a "Competent Person" for the
purposes of the Act and these rules shall register such application and within a
period of sixty days of the date of receipt of the application, may either
recognise the applicant as a "Competent Person" and issue a certificate of
competency in the prescribed Form [35] or reject the application specifying the
reason therefore.

(6) Certificate of recognition so granted shall be valid for a period of one year
from the date of issue and may be renewed on payment of Rs.2.000.00 (Rupees
two thousand) only deposited in shape of treasury challan under the head of
account as notified by Government from time to time. The fee once paid is not
refundable.

(7) The Chief Inspector may, after giving an opportunity to the competent person
of being heard, revoke the certificate of competency;

if he has reasons to believe that a competent person-

(i) has violated any condition stipulated in the certificates of competency; or

(ii) has carried out a test examination and inspection or has acted in a manner
inconsistent with the intent or the purpose of the Act or these rules.
(8) The Chief Inspector may, for reasons to be recorded in writing require
rectification of lifting machines, chains, ropes and lifting tackles, pressure plants
or ventilation systems as the case may be, which has been certified by a
competent person outside the State.

Rules prescribed under Sub-section (1) of Section 6

3. [Approval of plans. - (1) The State Government or the Chief Inspector of
Factories may require, for the purposes of the Act, submission of plans of any
factory which was either in existence on the date of commencement of the Act or
which has not been constructed or extended, such plans shall be drawn to scale
showing-]
(a) the site of the factory and immediate surroundings including adjacent
buildings and other structures, roads, drains, etc.;
(b) the plan, elevation and necessary cross sections of the factory buildings
indicating all relevant details relating to natural lighting ventilation and means of
escape in case of fire and the position of the plants and machinery, aisles and
passage ways ; and
(c) such other particulars, as the State Government or the Chief Inspector of
Factories, as the case may be, may require.
(2) No site shall be used for the location of a factory or no building shall be
constructed, reconstructed, extended or taken into use as a factory or part of a
factory or any other extension of plant or machinery carried out in a factory
unless previous permission in writing is obtained from the State Government or
the Chief Inspector.

(3) Application for permission shall be made in Form No. I which shall be
accompanied by the following documents namely

(a) a flow chart or the manufacturing process supplemented by a brief

description of the process in its various stages;
(b) plans in duplicate drawn to scale showing-
(i) the site of the factory and immediate surroundings including adjacent
buildings and other structures, roads, drains, etc.;
(ii) the plan elevation and necessary cross sections of the various buildings
indicating all relevant details relating to natural lighting, ventilation and means
of escape in case of fires. The plans shall also clearly indicate the position of the
plant and machinery, aisles and passage ways ; and
(c) such other particulars if the Chief Inspector may require.
[Provided that the Occupier of every factory seeking permission under the
provisions of the Orissa Industries (Facilitation) Act, 2004 may apply in the
combined application Form for establishment of industries.]

[(3-a) The application referred to in Sub-rule (3) shall be accompanied by

payment of a fee at the rate of 3 times the licence fee subject to a 'minimum
of [Rs. 1500 (Rupees one thousand five hundred)] only in case of original plan
and at the rate of 50% of the licence fee subject to a maximum of [Rs. 20,000
(Rupees twenty thousand)] only in case of extension plans, for the purpose of
scrutiny and evaluation of such plans.]

(4) If the Chief Inspector is satisfied that the plans are in consonance with the
requirements of the Act he shall subject to such conditions as he may specify,
approve them by signing and returning to the applicant one copy of each plan; or
he may call for such other particulars as he may require to enable such approval
to be given.

3A. Certificate of stability. - No manufacturing process of a factory shall be

carried on in any building which has been constructed, reconstructed extended
or taken into use as a factory or part of a factory until a certificate of stability in
respect of that building, obtained from a competent person in Form No. I -A, has
been sent by the occupier or manager of the factory to the Chief Inspector and
accepted by him.

Note - A "competent person " is he who, by virtue of his qualification, experience

and training, is capable of examining, certifying and making a full report on the
condition of the stability of the building constructed reconstructed, extended or
taken into use a factory or part of a factory and declared as such from time to
time by the Chief Inspector.)
4. Application for registration and grant of licence. - The occupier of every
factory shall submit to the Chief Inspector an application in the prescribed Form
No. 2, for the registration of the factory and grant of licence :

Provided that the occupier of premises in use as a factory on the date of the
commencement of these rules shall submit such application within 30 days from
the date of the commencement of these rules.

[Provided further that the occupier of a factory seeking registration and grant of
licence under the provision of the Orissa Industries (Facilitation) Act, 2004 shall
apply in the combined application Form for operation of industries.]

5. Grant of licence. - (1) A licence for a factory shall be granted by the Chief
Inspector in Form No. 4 prescribed for the purpose and on payment of the fees
specified in the Schedule hereto.