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GOVERNMENT OF PUDUCHERRY
LABOUR DEPARTMENT
(G.O. Ms. No. 04/2018/Lab., Puducherry, dated 25th February 2019)
NOTIFICATION
The following Draft Rules to further amend the Puducherry
Factories Rules, 1964, which the Lieutenant-Governor of Puducherry
proposes to make in exercise of the powers conferred under section 112
of the Factories Act, 1948 (Act No. 63 of 1948), is hereby published as
required under sub-section (1) of section 115 of the said Act, for
information of all persons likely to be affected thereby, and notice is
hereby given that the said proposal will be taken into consideration
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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2019 } | 26 {
No.
11 Poudouchéry Mardi
26
Février
2019
No.
Puducherry
Tuesday
26th
February
2019
( 7 Phalguna 1940 )
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by the Government of Puducherry after expiry of forty-five days from
the date of publication of the Draft Proposal in the Official Gazette,
Puducherry;
2. Any objections or suggestions received by the Government from
any person with respect to the Draft Amendment Rules, before expiry
of the period specified above will be considered by the Government of
Puducherry. Objections or suggestions, if any, should be addressed to
the Secretary to Government (Labour), Labour Department, Puducherry.
Draft Amendment Rules
In exercise of the powers conferred under section 112 of the
Factories Act, 1948 (Act No. 63 of 1948), the Lieutenant-Governor of
Puducherry, is hereby pleased to make the following rules further to
amend the Puducherry Factories Rules, 1964, namely:—
1. Short title, extent and commencement.—(1) These rules may
be called the “Puducherry Factories (Amendment) Rules, 2018”;
(2) These rules shall extend to the whole of the Union territory
of Puducherry;
(3) They shall come into force on and from the date of their
publication in the Official Gazette.
2. Amendment of rule 3.—In the Puducherry Factories Rules, 1964
(hereinafter referred to as the said rules), in rule 3,
(1) In sub-rule (1), after the words, “in Form 1C”, the following,
“through the web portal of the Chief Inspectorate of Factories and
Boilers, Puducherry” shall be inserted.
(2) For sub-rule 2A of the said rules, the following shall be
substituted, namely, “(1-A) The occupier of the factory shall pay a fee
as specified in the Schedule under this rule for the purpose of scrutiny of
plans, through the on-line payment portal of Government of Puducherry
under the relevant Head of Account viz., “0230-00-104-01-00-00, fees
realised under the Factories Act – Fee for scrutiny of plans” and enter
the details of challan while applying the Form 1C application”.
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3. Amendment of rule 4.— In the said rules, in sub-rule (2) of
rule 4, the following shall be substituted, namely, “The fees applicable
for registration and grant of licence to a factory shall be as specified in
the Schedule hereto and the appropriate fee for registration and grant
of licence shall be remitted through the on-line payment portal of
Government of Puducherry under the relevant Head of Account viz.,
“0230-00-104-02-00-00, Fees realised under the Factories Act – Licence
fees. The application in Form No. 2 shall he accompanied by the
e-challan receipt, evidencing payment of the appropriate fee specified
in the Schedule hereto. The application in Form No. 2 shall be made
through the on-line portal of the Chief Inspectorate of Factories and
Boilers, Puducherry or personally delivered to the Office of the Chief
Inspectorate of Factories and Boilers or sent by registered post”.
4. Amendment of rule 5.— In the said rule, in sub-rule (2) of
rule 5, after the words, “An application for the amendment of a licence
shall be submitted to the Chief Inspector”, the following, “through the
on-line portal of the Chief Inspectorate of Factories and Boilers,
Puducherry or personally delivered to the Office of the Chief Inspectorate
of Factories and Boilers or sent by registered post” shall be inserted.
5. Amendment of rule 6.—(i) In the said rule, in sub rule (2) of
rule 6, after the words, “an application for renewal in Form No. 2 for the
renewal of the licence”, the following, “through the on-line portal of
the Chief Inspectorate of Factories and Boilers, Puducherry or personally
delivered to the Office of the Chief Inspectorate of Factories and Boilers
or sent by registered post,” shall be inserted.
(ii) In the said rules, the sub-rule (3-A) of rule 6, shall be
substituted as follows:—
“The occupier of a factory may opt to remit the licence fee
for obtaining initial licence or renewal of licence for a period
up to fifteen consecutive calendar years instead of getting it
renewed every year. The occupier shall make a specific request
in Form No. 2 indicating the number of years for which licence
is sought for. In such cases, the fee payable for grant of or
renewal of licence of a factory shall be proportionate to the
annual fee as per multiplied by number of years for which licence
is sought for.”
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6. Amendment of rule 7.— In the said rules, the sub rule (2) of
rule 7, shall be substituted as follows:– “Such application for transfer
shall be made to the Chief Inspector through the on-line portal of the
Chief Inspectorate of Factories and Boilers, Puducherry or personally
delivered to the Office of the Chief Inspectorate of Factories and Boilers
or sent by registered post and accompanied by a fee of one hundred
rupees paid through the on-line payment portal of the Government of
Puducherry under relevant Head of Account viz., 0230-00-104-02-00-00.
Fees realised under the Factories Act – Licence Fees for each such
application.”
7. Amendment of rule 10.— In the said rule, the sub-rule (1) of
rule 10 may be substituted as follows:–
“Every application under these rules shall be accompanied by
fee paid through the on-line payment portal of the Government of
Puducherry under relevant Head of Account viz., 0230-00-104-02-00-00.
Fees realised under the Factories Act - Licence Fees.”
8. Amendment of rule 105.— In the said rule, the sub rule (4) of
rule 105 may be substituted as follows:– “The fees to be paid for medical
examinations shall be paid through the on-line payment portal of
the Government of Puducherry under relevant Head of Account viz.,
0230-00-104-03-00-00. Fees realised under the Factories Act – Medical
Examination fees.”
9. Amendment of rule 110.— In the said rules, after the sub rule (2)
of rule 110, a proviso may be included, “provided that the returns under
sub rules (1) and (2) said above, shall be made through the on-line portal
of the Chief Inspectorate of Factories and Boilers, Puducherry and shall
be maintained in electronic form or personally delivered to the Office of
the Chief Inspectorate of Factories and Boilers.”
Provided further that, during inspection, the Inspector may require
the production of books, registers and other documents maintained in
electronic form.
Explanation: For the purposes of this rule, the expression
“electronic form” shall have the same meaning as assigned to it in clause (r)
of section 2 of the Information Technology Act, 2000 (21 of 2000).”
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10. Insertion of rule 118 A.— Maintenance of registers:–
In the said rules, after the existing rule 118, a new rule shall be
inserted, namely:–
“All the books, registers and records required to be
maintained under the said rules, stipulated under the Factories
Act, 1948 shall at the discretion of the occupier/manager may
be maintained in electronic form.
Provided that during inspection, the Inspector may require
the production of books, registers and other documents
maintained in electronic form.
Explanation: For the purposes of this rule, the expression
“electronic form” shall have the same meaning as assigned to it in clause (r)
of section 2 of the Information Technology Act, 2000 (21 of 2000).”
(By order of the Lieutenant-Governor)
E. VALLAVAN,
Additional Secretary to Government (Labour).
————
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