Inspector of Factories Act

Inspector of Factories License

The Inspector of Factories License is a mandatory requirement for any factory in India. The regulation and issuance of this license fall under the purview of the Factories Act, 1948. The objective of this act is to ensure the safety, health, and welfare of workers in factories. The Act is enforced by the Chief Inspector of Factories and the various Inspectors of Factories appointed in different states.

Who is eligible to get the Inspector of Factories License?

For Factory Owners
The Factory Act, 1948 mandates that all factories must obtain a license if they meet the following criteria:

1. Any premises where ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried out with the aid of power.
2. Any premises where twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried out without the aid of power.
3. Specific factories employing less than the specified number of workers may also be required to obtain a license if the state government issues a notification to that effect.

The Process of Obtaining the License
The owner or occupier of the factory must submit an application for the license to the Chief Inspector of Factories. The application must be submitted before the commencement of manufacturing operations.

Documents Required for Registration

The following documents must be submitted along with the application form:

– Form 2: Application for registration and grant or renewal of license.
– Form 3: Notice of occupation.
– Site Plan: Detailed layout of the factory premises.
– Building Plan: Architectural drawings of the factory.
– List of Directors/Partners: Details of the factory’s ownership.
– Proof of Ownership or Lease: Documentation showing ownership or lease of the premises.
– Consent from State Pollution Control Board: If applicable.
– Proof of Installation of Safety Measures: Compliance with safety regulations.
– Electricity Installation Certificate: If power is being used.

Fees and Charges

The fees for obtaining the Inspector of Factories License vary based on the number of workers employed and the type of manufacturing process. The fees are categorized as follows:

1. Application Fees: A nominal fee for processing the application.
2. License Fees: Based on the number of workers and power usage.
3. Renewal Fees: For the renewal of the license, typically required annually.
4. Inspection Charges: Fees for regular inspections carried out by the Inspector of Factories to ensure compliance with the Factories Act.

License Validity and Renewal

The Inspector of Factories License is typically valid for one year and must be renewed annually. The renewal application should be submitted at least 30 days before the expiry of the current license.

Compliance and Inspections

Once a factory is licensed, it must comply with various provisions of the Factories Act, including:

– Safety Measures: Proper installation of safety equipment and adherence to safety protocols.
– Health Measures: Ensuring hygienic working conditions, availability of clean drinking water, proper sanitation, and ventilation.
– Welfare Measures: Provision of restrooms, lunchrooms, and first-aid facilities.
– Working Hours: Regulation of working hours, rest intervals, and overtime.
– Employment of Women and Young Persons: Specific provisions for the employment of women and young persons to ensure their safety and well-being.

Penalties for Non-Compliance

Failure to obtain the Inspector of Factories License or non-compliance with the provisions of the Factories Act can result in severe penalties, including:

– Fines: Monetary penalties for non-compliance.
– Prosecution: Legal action against the factory owner or occupier.
– Closure of Factory: In extreme cases, the factory may be ordered to cease operations.

Due Date for Compliance

The application for the Inspector of Factories License must be submitted before the commencement of any manufacturing operations. All compliance measures must be in place and documented as required by the Factories Act. Regular inspections by the Inspector of Factories ensure ongoing compliance.

The Inspector of Factories License is crucial for the lawful and safe operation of factories in India. It ensures that factories adhere to standards that protect the health, safety, and welfare of workers, contributing to a safer and more regulated industrial environment.