Page 269 - DCOM404_CORPORATE_LEGAL_FRAMEWORK

Corporate Legal Framework

appeal to the State Government if the permission is refused by the Chief Inspector or to the
Central Government if the permission is refused by the State Government, within 30 days. No
license or renewal of license shall be granted unless the occupier gives at least 15 days notice in
writing to the Chief Inspector of factories before he proposes to occupy or use any premises as
factory.
The notice shall state the full particulars of the factory, namely:
1. the name and situation of the factory;
2. the name and address of the occupier ;

3. the name and address of the owner of the premises or building;
4. the nature of manufacturing process;
5. the total rated horse power installed or to be installed in the factory, which shall not
include the rated horse power of any separate standby plant;
6. the name of manager of the factory for the purpose of this Act;
7. the number of workers likely to be employed in the factory;
8. the average number of workers per day employed during the last twelve months, in case
the factory is in existence on the date of the commencement of this Act;
9. such other particulars as may be prescribed under the rules [Section 7 (I)].
The occupier is required to give notice to the Chief Inspector of Factories containing the above
particulars with regard to those factories which were already functioning before this Act, within
30 days from the commencement of the Act [Section 7 (2)]. Before a factory is engaged in a
manufacturing process which is ordinarily carried on for less than 180 working days in a year
resumes working, the occupier is required to send full particulars of the factory to the Chief
Inspector within 30 days of such resumption of work [Section 7 (3)]. Any change in the
appointment of a manager or the factory is to be intimated within 7 days by the occupier to the
Chief Inspector, [Section 7 (4)]. During the time no manager functions in the factory, the occupier
is deemed as manager for the purpose of the Act. Non compliance with the provisions of
Sections 6 and 7 is an offence for which the occupier can be punished.

12.3 The Inspecting Staff

Appointment

For the enforcement of the provisions of the Act, the State Government is empowered to appoint
Inspectors having prescribed qualifications. They are of six types: (i) Chief Inspector (ii) Additional
Chief Inspectors (iii) Joint Chief Inspectors (iv) Deputy Chief Inspectors (v) Inspectors and
Additional Inspectors.
A Chief Inspector shall be appointed by the State Government. Chief Inspector in addition to the
powers conferred on him may exercise the powers of an Inspector throughout the State. Likewise,
every Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every other
officer so appointed shall, in addition to the powers of a Chief Inspector, exercise the powers of
an Inspector throughout the State.
No person shall be appointed or having been so appointed, shall continue to hold office, which
is or becomes directly or indirectly interested in a factory or in any process or business carried
on therein or in any patent or machinery connected therewith.

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