Andhra Pradesh Government minimised the compliance burden vide Andhra Pradesh Factories (Amendment) Rules 2022

On 8th March, 2022, Labour, Factories, Boilers and Insurance Medical Services Department notified amendment rules of Andhra Pradesh Factories Rules, 1950.

Department for Promotion of Industry and Internal Trade (DPIIT) has introduced Regulatory compliance portal. It is an online repository that contains information about central-level and state-level compliance. This regulatory compliance portal will also act as a link between tax-payers and the Government to lessen the compliance burden.

State Government requiring Approval of Plans in the factories under Section 6 of the Factories Act, 1948 may for the purpose of considering applications for such permission the submission of plans, prescribing the nature of such plans and by whom these are to be certified.

Any hazardous process mentioned under First Schedule of the Act has to be carried on with or without the aid of power in the factories.

Key Amendments:

 

Approval/ License

  • Rule 3 has been amended to substitute 75 H.P. or more with 30 H.P. and more of installed power in factories.
  • Rule 3 has been modified to substitute registered post with an online application through Single Desk Portal or any other Online Portal as may be notified by the State Government from time to time.
  • Through Rule 3, time period of thirty 30 days from the date of application is substituted with time period of seven 7 days from the date of application has been made available online on the Single Desk Portal.
  • In Sub-Rule (8) of Rule 3, the Government or the Chief Inspector will require the owner or occupier to submit the particulars and plans of the factory through online Single desk portal within thirty (30) days of the service of the order.
  • When within thirty (30) days from the date on which the occupier has sent intimation, the license will be deemed to be granted.

Amendment of Licence

Any amendments needed to be made in the particulars of the maximum horse power installed or maximum number of persons employed under Rule 5 by occupier/owner are required to be sent to Inspector. The period is reduced from thirty days to fifteen days through Single Desk Portal or any other Online Portal.

Powers of Inspectors-

Under the Section 9 of the Act, the Inspector of the factory has been directed with certain powers. Andhra Pradesh government has amended those powers through Rule 13, as given under –

  • To photograph any worker, to Inspect, examine, measure, copy, photograph, sketch or test, as the case may be, any building or room, any plant, machinery, appliance or apparatus, any register or document or anything provided for the purpose of securing the health, safety or welfare of the workers employed only in factories which are allotted online by Central Inspection Portal for regular inspection or Joint Inspection in accordance with procedure laid therein or in factories wherein investigation of accidents and dangerous occurrences is to be carried on or other factories, with the prior sanction of the Chief Inspector of Factories, wherein conducting the inspections are deemed appropriate by the Chief Inspector of Factories having regard to any special circumstances.
  • An Inspector, who inspects a factory allotted by Central Inspection Portal for regular inspection, shall upload the inspection observations in the Central Inspection Portal within 48 hours from the time of completion of the inspection. The inspection shall be, as far as reasonably practicable, limited to the checklist made available in Central Inspection Portal.
  • No Inspector shall inspect any factory, for which a valid Self certification of compliance or Third party certification of compliance is admitted in accordance with a scheme notified by the State Government from time to time and is in force, unless otherwise ordered by Chief Inspector of factories in this regard.

Cleanliness of Well or reservoir:

Sub-Rule (1) and Sub-Rule (2) of Rule 37 has been substituted, to allow that source of water in the factory which is certified by NABL accredited laboratories.

Examination of eye sight of certain workers:

Any workers employed to operate a crane, locomotive/ work-lift truck etc are required to be examined in particular about their eye sight and colour vision.

Rule 61–J is modified to substitute the Form No.8 C to Form No. 5 for the purpose of recording the examination or re-examination of workers.

Managing Committee:

Under Rule 70, a Canteen Managing Committee is created by the Manager, to look into the quality, quantity, menu of the meals served in the factory. Rule 70 has been amended to change the composition of the committee from one for every 1,000 workers employed in the factory to the composition of equal members from management and workers group. If no Union is formed the workers representatives shall be nominated by the Occupier. This committee will dissolve in two (2) years. The reconstitution of the next Canteen Managing Committee will now be made accordingly to ensure that there are breaks between tenures of two successive committees.

Returns:

The Manager, under Rule 100, shall submit Integrated Annual Return (Online) through Single Desk Portal or any other Online Portal of the State Government from time to time to the Inspector having jurisdiction over the area where the factory is located on or before 30th April of the year subsequent to that to which the return relates.

 


*Shubhi Srivastava, Editorial Assistant has reported this brief.

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