Factories Act – Plan Approval

Factories Act – Plan Approval

The State Government may make rules—

(a) requiring, for the purposes of this Act, the submission of plans of any class or description of factories to the Chief Inspector or the State Government.

[(aa)] requiring, the previous permission in writing of the State Government or the Chief Inspector to be obtained for the site on which the factory is to be situated and for the construction or extension of any factory or class or description of factories;

(b) requiring for the purpose of considering applications for such permission the submission of plans and specifications;

(c) prescribing the nature of such plans and specifications and by whom they shall be certified;

(d) requiring the registration and licensing of factories or any class or description of factories, and prescribing the fees payable for such registration and licensing and for the renewal of licences;

(e) requiring that no licence shall be granted or renewed unless the notice specified in section 7 has been given.

(2) If on an application for permission referred to in 8[clause (aa)] of sub-section (1) accompanied by the plans and specifications required by the rules made under clause (b) of that sub-section, sent to the State Government or Chief Inspector by registered post, no order is communicated to the applicant within three months from the date on which it is so sent, the permission applied for in the said application shall be deemed to have been granted.

1. Subs. by Act 25 of 1954, s. 3, for section 4 (w.e.f. 7-5-1954).
2. Ins. by Act 20 of 1987, s. 3 (w.e.f. 1-12-1987).
3. Added by s. 3, ibid. (w.e.f. 1-12-1987).
4. Ins. by the A.O. 1950.
5. Ins. by Act 94 of 1976, s. 3 (w.e.f. 26-10-1976).
6. Ins. by s. 4, ibid. (w.e.f. 26-10-1976).
7. Clause (a) re-lettered as clause (aa) by s. 4, ibid. (w.e.f. 26-10-1976).
8. Subs. by s. 4, ibid., for “clause (a)” (w.e.f. 26-10-1976).

(3) Where a State Government or a Chief Inspector refuses to grant permission to the site,

construction or extension of a factory or to the registration and licensing of a factory, the applicant may within thirty days of the date of such refusal appeal to the Central Government if the decision appealed from was of the State Government and to the State Government in any other case.

Explanation.—A factory shall not be deemed to be extended within the meaning of this section by

reason only of the replacement of any plant or machinery, or within such limits as may be prescribed, of the addition of any plant or machinery 1 [if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or machinery or adversely affect the environmental conditions from the evolution or emission of steam, heat or dust or fumes injurious to health