INSPECTORATE OF FACTORIES
Citizens Charter
The Inspectorate of Factories is enforcing the Factories Act, 1948 and 13 other Labour enactments in Factories registered under the Factories Act, 1948 and the Tamil Nadu Factories Rules, 1950. By the enforcement of these important Labour Legislations, the Health, Safety, Welfare, good working conditions, etc. of the workers employed in the registered Factories are protected. For the effective implementation of the provisions of the Factories Act, 1948 and other Labour Acts, inspections are periodically conducted in Registered Factories and the following inspection forms are prescribed for this purpose.
First Inspection Report for the use of Factory Inspections.
Factory Inspection Report for second and subsequent inspections by Factory Inspectors.
2. Factories in which 10 or more workers are employed and power is used in the manufacturing process and Factories which are engaging 20 or more workers without using power in manufacturing process are registered under Factories Act, 1948 and Rules, 1950.
The Plan approval authorities are as follows :-
Sl.No. |
Plans related to |
Approved by |
1.
2.
3.
|
Factories employing 200 and less workers except those engaged in dangerous operations.
Factories employing above 200 workers upto 1000 workers except those engaged in dangerous operations.
Factories employing more than 1000 workers and all factories engaged in dangerous operations. |
Deputy Chief Inspector of Factories.
Joint Chief Inspector of Factories.
Chief Inspector of Factories. |
4. The following formats are used for approval of plans and registration of Factory under Factories Act, 1948.
Form No. 1 : (Prescribed under Rule 3 of Tamil Nadu Factories Rules).
Application for permission to construct, extend or take into use any premises as a factory.
Form No.2 : Application for registration, grant or renewal of licence for the year ------ and notice of occupation specified in Section 6 (to be submitted in triplicate).
5. Under the Contract Labour (Regulation and Abolition) Act, 1970 the following formats are prescribed for registration and grant of licence to be obtained by the principal employer and the contractor respectively.
Form No. I : (See Rule 17(1) Application for registration of establishment employing Contract Labour.
Form No. IV : (See Rule 21(1) Application for Licence by the Contractor.
Form No. V : (See Rule 21(2) Form of Certificates by Principal Employer.
Details of Fees payable for getting initial licence or renewal of licence under the Tamil Nadu Factories Rules, 1950 are given in Schedule I.
WELFARE SCHEMES FOR WORKERS :
GROUP PERSONAL ACCIDENT INSURANCE SCHEME :
A Group Personal Accident Insurance Scheme has been formulated for the benefit of workers of Match and Fire Works Industries in Tamil Nadu.
The Scheme is designed to give relief against death, loss of limbs, loss of eye sight, etc. of the Insured persons due to accidents. Accident Insurance is given to the insured persons on 24 hours basis and will not be confined to accidents arising out of or in the course of actual occupation alone.
The Scheme covers the workers in Match and Fire Works industries in Tamil Nadu in the age group of 10 to 65 years.
FIRST AID APPLIANCES :
There shall be provided First Aid Boxes with prescribed contents and they shall be kept in the charge of First Aid Trained persons in the Factory.
In Factories, employing more than 500 workers Ambulance Room containing the prescribed equipments and in the charge of Nursing Staff shall be provided.
III. CANTEEN :
Canteen shall be provided and maintained in factories employing more than 250 workers.
IV. SHELTERS, REST ROOMS, LUNCH ROOMS :
Rest Room and Lunch Room shall be provided in factories where in more than 150 workers are employed.
V. CRECHE :
Creche shall be provided and maintained under the charge of trained women in factories employing more than 30 women workers.
VI. WELFARE OFFICERS :
To take care of the welfare of the workers, Welfare Officers shall be employed in factories employing more than 500 workers.
DEPARTMENT OF INSPECTORATE OF FACTORIES
Sl.No |
Name of the Labour Welfare Act enforced |
Benefi-ciary of the Act |
Persons to be approached for the benefit of the Act |
Documents to be
submitted |
Orders Issuing Officer |
Duration |
Official to be contacted in case of grievan-ces |
| 1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
| 1
2
3
4.
5.
6.
7.
8.
9.
10.
11
12.
13 |
Factories Act,1948 and Tamilnadu Factories Rules 1950.
Minimum Wages Act,1948.
Contract Labour (Regulation and Abolition) Act, 1970.
Tamil Nadu Industrial Establishment
(National and Festival Holidays)
Act, 1958.
Payment of Wages Act,1936.
Maternity Benefit Act,1960.
Tamil Nadu Labour Welfare Fund Act, 1972.
Tamil Nadu Industrial Establishment
(Confirment of Permanent Status to Workmen)
Act, 1981.
Equal Remuneration Act,1976.
Child Labour (Regulation and Abolition) Act, 1986.
Payment of subsistance
Allowance
Act,1981
The Payment of Gratuity Act 1972
The Labour Laws (Exemption from furnishing returns and maintaining registers by certain Establishments) Act, 1988. |
Employees and Employers
Workers
Contract workers
Workers
Workers
Women
workers
Workers
Workers
Men and Women workers.
Prohibi-tion of Child Labour in
Hazardous
Industries
Workers.
Workers.
Employer of small
Establishments |
Inspector of Factories,
Deputy
Chief
Inspector of
Factories,
Joint Chief Inspector of
Factories,
Chief Inspector of Factories.
I.F.
Dy.CIF.
Jt.CIF.
C.I.F.
I.F.
Dy.CIF.
.
Secretary
Tamil Nadu Labour Welfare Board, Chennai-6.
Dy.C.I.F.
I.F.
Dy.C.I.F
.I.F.
Dy.C.I.F..
I.F.
Dy.C.I.F.
A.C.L.
O/o the
D.C.L.
I.F./
Dy.CIF. |
1.Registration of
factories
Factories in which 10 or more workers are employed with power being used in the manufacturing process and factories which are engaging 20 or more workers without using powers in manufacturing process are registered under the Factories Act, 1948 and Rules 1950 as per Section 6 of the Act. Persons who propose to start the factory should submit the Form No.2 duly filled in triplicate along with D.D. for the prescribed amount with a Court Fee Stamp of Rs.2/= to the Deputy Chief Inspector of Factories concerned for getting licence.
2.Approval of Plans
For getting approval of plans for the construction or extention of a factory, the applicant should apply in Form No.I, prescribed under Section 6 read with rule 3 duly filled in (in triplicate) with Court fee stamp for Rs.2/= to the concerned Dy.C.I.F./Jt.C.I.F./C.I.F.
3.Renewal of licence:
The Licence is to be renewed every year.
For getting renewal of licence the occupier should apply in Form No.2, along with D.D. for the amount prescribed by the Government to the concerned Dy.C.I.F.
The licence may be renewed for one year or 5 years at a stretch.
The complaints may be made to I.F./Dy.CIF/ Jt.CIF/CIF., in case of violation of the Act and Rules.
If the Minimum Wages prescribed by the Government (Scheduled Employment) is not paid to the worker, claim petition can be filed in Form VI as prescribed in section 20(2) of the Act to the concerned D.C.L. within 6 months. If any violation of the Act is noticed a worker may give a complaint to the concerned I.F./Dy.CIF. for redressal.
To engage contract Labour through contractor, the principal employer should apply for the registration certificate in Form I prescribed under rule 17(1) to the Dy.CIF. concerned.
Contractor should remit Security Deposit at the rate of Rs.50/= per worker. Contractor should also apply for licence in Form VI under Rule 21(1) of the Act to the concerned I.F.
As per Section 3 of this Act every worker is entitled for 4 National Holdays and 5 Festival Holidays in a year.
If the benefit is denied, the employee can make a complaint to the concerned I.F. /Dy.CIF. as per Section 5 of this Act if the worker is required to work on a Holiday, he is entitiled for wages twice or wage for such day and to avail the substituted holiday with wage.
As per Section 5 of this Act, the wage of every person employed in a factory in which less than 1000 persons are Employed should be paid before the expiry of 7th day of the subsequent month and 10th day of subsequent month in the case of factory employing more than 1000 workers.
A woman worker entitiled for maternity benefit, should file a notice in Form D to the employer for maternity benefit under the Act.
As per this Act, every employee should contribute Rs.5/= per year and every employer should contribute in respect of each such employee Rs.10/= per year and government in respect of each such employee Rs.5/= per year to the Tamil Nadu Labour Welfare Board towards the Labour Welfare Fund.
The Fund can be utilised towards the Welfare of the workers as specified in the Act.
As per the Act, every workman who is in continuous service for a period of 480 days in a period of 24 calendar month in an Industrial Establishment is entitiled for permanent Status.
Any entitiled workman who has not been given permanent status can make a representation to the Dy.CIF. concerned.
This Act, provides payment of equal remuneration to men and women workers and for the prevention of discrimination on the ground of sex against women in the matter of employment notified under the act.
-------
Any employee under suspension is entitled to receive payment from the employer as subsistence allowance an amount equal to 50% of the wages which the employee was drawing immediately before suspension for the first 90 days from the date of suspension and 75% for the next 90 days and full wages on the expiry of 180 days from the date of suspension.
A worker is entitiled for gratuity if he has rendered a continuous service for not less than 5 years.An employee who is eligible for gratuity can apply either by himself or by person authorised in writing to the A.C.L. (Gratuity) concerned in Form I prescribed under Rule 7 of Tamilnadu Payment of Gratuity Rules within 30 days from the date of gratuity becomes payable.
This Act exempts the employer in relation to establishments employing less than 20 workers from furnishing returns and maintaining registers under certain Labour Laws. This Act empower submission of Annual Core Return in Form A. |
Dy.C.I.F.
Jt.C.I.F.
For registration of the new factories.
Dy.C.I.F.
Jt.CIF. and
C.I.F. for
Approval of plans.
Dy.C.I.F.
Dy.Commissioner of Labour of the concerned Jurisdiction.
I.F.
Dy.CIF.
I.F.
Dy.CIF.
Dy.Commissioner of Labour.
Any woman worker deprived of Maternity Benefit may make an appeal in Form F to the Appellate authority. A
complaint in Form G shall be made to the Inspector alleging non-payment of maternity benefit and/or Wages for Maternity
Leave.
Secretary
Tamil
Nadu Labour Welfare Board, Chennai-6
Dy.C.I.F.
I.F.
Dy.C.I.F.
Dy.C.I.F.
A.C.L.
O/o the D.C.L.
A.C.L.
(Gratuity)
I.F.
Dy.CIF.
|
30 days for registration of factories and approval of plans.
No limit.
Action to be taken within 15 days.
15 days from the date of receipt of the complaint
No limit.
One month
No limit.
No limit.
No limit.
No limit.
No limit.
No limit
No limit |
Dy.CIF
Jt.CIF.
C.I.F.,
Dy.C.I.F
Jt.CIF.
CIF.
Dy.CIF.
Jt.CIF.
C.I.F.
Dy.CIF.
Jt.CIF.
C.I.F.
C.I.F.,
Commis-sioner of Labour.
C.I.F.
C.I.F.
C.I.F.
C.I.F.
C.I.F.
C.O.L.
Commissioner of Labour.
CIF. |
Note : The concerned Inspector of Factories, Deputy Chief Inspector of Factories, Joint Chief Inspector of Factories and Chief Inspector of Factories may be contacted in respect of implementation and getting remedy of the any of the provisions of the above said Act and Rules.
I.F. Inspector of Factories
Dy.CIF Deputy Chief Inspector of Factories
Jt.CIF Joint Chief Inspector of Factories
CIF Chief Inspector of Factories
ACL Assistant Commissioner of Labour
DCL Deputy Commissioner of Labour
FORM NO. 1
APPLICATION FOR PERMISSION TO CONSTRUCT, EXTEND OR TAKE INTO USE ANY BUILDING AS A FACTORY.
01. Applicant’s / Occupier’s Name :
Applicant’s / Occupier’s Calling :
Applicant’s / Occupier’s Address :
02. Full Name and Postal Address :
of the Factory.
03. Situation of the Factory Survey No. / :
Door No. of the Factory.
State :
District :
Town or Village :
Nearest Police Station :
Nearest Railway Station or :
Streamer Ghat.
04. Purpose for which plans are sent :
(state whether installation / additional
construction / changes in installation,etc.)
05. If the plans have been approved :
earlier give the number and the date
of approval of previous plans
relevant to the present plans except
in the case of initial approval.
06. Details of present proposals :
with reference to item No. 4
07. Total Installed capacity in horse :
power (including the present plans)
08. Maximum number of workers :
proposed to be employed in the factory.
Date :
Place: SIGNATURE OF APPLICANT / OCCUPIER
OFFICE OF THE CHIEF INSPECTOR OF FACTORIES,
CHEPAUK, CHENNAI 600 005.
Dated: ……………….
IMPORTANT CIRCULAR
Subject : Factories Act, 1948 and Tamil Nadu Factories Rules, 1950 – Renewal of licence.
*****
Your licence is due for renewal now. The following documents should be received by the Deputy Chief Inspector of Factories of your area before 31st October of this year :-
1. Form No. 2 in triplicate.
2. Court Fee Stamp to the value of Rs. 2/-.
3. Treasury receipt or a DD for the due licence fee and if there is any
change in the occupier, Rs. 50 for transfer of licence.
4. Copies of new partnership deed, old partnership dissolution deed in
case of change of partners.
5. Death Certificate in the case of demise of the Proprietor.
6. Licence in original.
The fees are to be remitted in any branch of a Nationalised Bank by a crossed Demand Draft in favour of the Deputy Chief Inspector of Factories of the respective region.
Please note that the Government have permitted the renewal of Licence for a period of maximum of 5 years at a time and therefore, you may get the licence renewed for a period of 1/2/3/4/5 years at your option. The fees are payable according to the number of years for which licence is required.
Please be prompt and furnish the correct particulars. A copy of the licence application in Form 2 and the Schedule of licence fees payable are available in the pages 2, 3 and 4 of this circular.
LAST DATE FOR RECEIPT OF YOUR APPLICATION IN THE OFFICE OF THE DEPUTY CHIEF INSPECTOR OF FACTORIES, IS 31ST OCTOBER OF THIS YEAR.
Chief Inspector of Factories.
To
All the Occupies of Factories.
FORM NO. 2
Application for registration and grant or renewal of licence for the year ………….. and notice of occupation specified in sections 6 and 7 ( to be submitted in Triplicate).
1. Full name of the factory with factory licence
number if, already registered before the name
of person or persons to whom the present
licence is to be granted and issued.
2.(a) Full postal address and situation of the factory
(Door No. Survey Nos. etc.).
(b) Full address to which communications relation
to the factory should be sent.
(c) Police Station in whose jurisdiction the factory lies.
3. Particulars of the owner’s of the premises or building
(including the precincts thereof) referred to in Section 93 –
Name
Age
Residential address
Father’s Name
4. Particulars of the occupier of the factory who has
ultimate control over the affairs of the factory and in
whose name the licence is to be issued
(please see Section 2(n) ) –
Name
Age
Residential address
Father’s Name
Note :- (1) Where the occupier of the factory is a firm or other association of individuals or a company the above particulars should be furnished in respect of all the partners or members of the firm or association or the directors or shareholders of the company.
(2) In the case of a factory owned or controlled by the Central Government or any State Government or any Local Authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the State Government or the Local Authority as the case may be, shall be deemed to be the occupier.
5. Particulars of the Manager of the factory for the purpose of the Act –
Name
Age
Residential address
Father’s name
6. Nature of manufacturing process / processes –
(a) Carried on in the factory during the preceding
calendar year
(in the case of factories already in existence).
(b) To be carried on in the factory during the
calendar year for which this application for
licence is made.
7. Particulars of principal products manufacture
during the preceding calendar year –
Sl. No. Product Name Value in Rs.
8. (a) Particulars of power actually installed --
Sl.No. Nature of power Quantity in H.P. Remarks Whether stand by etc.
(b) Particulars of power proposed to be
additionally installed, if any during the
calendar year for which this application
for licence is made.
Sl.No. Nature of power Quantity in H.P. Remarks Whether stand by etc.
c) Maximum quantity (in H.P.) that can be used at
any one time during the calendar year for which
this application for licence is made.
9. (a) Whether the factory is having any pressure vessels;
if so, the number of pressure vessels may be indicated.
(b) Whether the factory management had remitted fees
for the testing of pressure vessels by the notified persons
of Factory Inspectorate.
(c) Whether the factory is engaged in Dangerous
Operations as indicated under Rule 95 of the
Tamil Nadu Factories Rules, 1950; is so,
whether the occupier of the factory has paid
fees for periodical medical examination of the
persons employed, by the Certifiying Surgeon.
(a) Maximum number of workers proposed to be
employed on any one day during the calendar
year for which this application for licence is made
(please see the slab limits in the Schedule to Rule 4).
(b) Maximum number of workers actually employed
on any one day during the preceding calendar year.
(c) Number of workers to be ordinarily employed in the factory.
11. Number of calendar years for which grant or renewal
of licence is required (indicate the exact calendar year / years).
12. In the case of a factory constructed or extended
after the date of the commencement of the rules --
(a) Reference number and date of approval of the plans
for site, whether for old or new buildings and for
constructions or extention of factory by the
State Government / Chief Inspector.
(b) Reference number and date of approval of the
arrangements if any, made for the disposal of trade
waste and effluents and the name of the authority
granting such approval.
13. Amount of fee Rs………………………
(Rupees ……………………………….)
paid in ………………………………….
Bank / Trasury / Sub – Treasury on
…………………………………… vide
Challan No. / D.D. No………………..
Dated:…………………………………..
is enclosed.
14. Tamil Nadu Labour Welfare Fund :
Whether contribution to the Labour Welfare Fund
for the previous year has been remitted and, if so,
furnish the details of amount remitted, date of
remittance and mode of remittance
(by cheque / cash / challan).
Signature of the Manager. Signature of the Occupier
Name in capital letters. Name in capital letters.
Date :
Note : (1) This form should be completed in ink in block letters or type.
(2) If power is not used at the time of filling of this form, but is introduced later the fact should be communicated to the Chief Inspector immediately.
(3) If any of the persons named against item 4 as minor, the fact should be stated.
THE SCHEDULE
G.O.Ms. No. 176, Labour and Employment Department, dated 5th December 1996.
LICENCE FEE PAYABLE
MAXIMUM NUMBER OF PERSONS TO BE EMPLOYED ON ANY DAY DURING THE YEAR.
| Maximum No. of persons to be employed on any day during the year. |
| 9 |
20 |
50 |
100 |
250 |
500 |
1000 |
2000 |
5000 |
10000 |
Above 10000 |
Nil Horse power |
200 |
400 |
600 |
800 |
1800 |
2700 |
6000 |
9000 |
16500 |
24000 |
30000 |
Upto 10 Horse power |
400 |
600 |
800 |
1200 |
2700 |
4500 |
12000 |
18000 |
27000 |
36000 |
45000 |
Above 10 Horse power upto 50 Horse power |
600 |
800 |
1200 |
1800 |
4500 |
7200 |
18000 |
27000 |
36000 |
45000 |
54000 |
Above 50 Horse power upto 129 Horse power |
800 |
1200 |
1800 |
3000 |
7200 |
12000 |
27000 |
36000 |
45000 |
54000 |
60000 |
Above 129 Horse power upto 250 Horse power |
1200 |
1800 |
3000 |
4800 |
12000 |
18000 |
36000 |
45000 |
54000 |
60000 |
66000 |
Above 250 Horse power upto 500 Horse power |
1800 |
3000 |
4000 |
6400 |
18000 |
24000 |
45000 |
54000 |
60000 |
66000 |
72000 |
Above 500 Horse power upto 1000 Horse power |
3000 |
3200 |
6400 |
12000 |
24000 |
30000 |
54000 |
60000 |
66000 |
72000 |
78000 |
Above 1000 Horse power upto 2000 Horse power |
3200 |
6400 |
12000 |
16000 |
30000 |
36000 |
60000 |
66000 |
72000 |
78000 |
84000 |
Above 2000 Horse power upto 5000 Horse power |
6400 |
12000 |
16000 |
20000 |
36000 |
42000 |
66000 |
72000 |
78000 |
84000 |
90000 |
Above 5000 Horse power upto 7500 Horse power |
12000 |
16000 |
20000 |
24000 |
42000 |
48000 |
72000 |
78000 |
84000 |
90000 |
96000 |
Above 7500 Horse power upto 10000 Horse power |
16000 |
20000 |
24000 |
28000 |
48000 |
54000 |
78000 |
84000 |
90000 |
96000 |
102000 |
Above 10000 Horse power |
20000 |
24000 |
28000 |
32000 |
54000 |
60000 |
84000 |
90000 |
96000 |
102000 |
108000 |
ADDITIONAL FEE PAYABLE FOR BELATED SUBMISSION.
(As amended in G.O. Ms. No. 979, Labour Department, dated 4th May 1984).
If the application for renewal of licence is not received within the time limit specified in sub-rule (2) of rule 7 (i.e. on or before 31st October of every year) the licence will be renewed only on payment of an additional fee of –
1. Ten percentum of the fee payable If the application for renewal is received not
less than one month before the date of expiry
of licence (i.e. during November).
2. Twenty percentum of the fee payable. If the application for renewal is received within a
month before the expiry of the licence (i.e. during December).
3. Thirty percentum of the fee payable. If the application for renewal is received after the
expiry of the licence.
|