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2-A. Competent Person.- (1) The Chief Inspector may recognise any person as a ‘Competent Person’ within such area and for such period as may be specified for the purposes of carrying out tests, examinations, inspections and certification for such buildings, dangerous, machinery, hoists and lifts, lifting machines and lifting tackles, pressure plants, confined space, ventilation system and such other process or plant and equipment as stipulated in the Act and the Rules made thereunder, located in a factory, if such a person possesses the qualifications, experience and other requirements as set out in the schedule annexed to this Rule:

Provided that the Chief Inspector may relax the requirements of qualifications in respect of a ‘Competent Person’ if such a person is exceptionally experienced and knowledgeable, but not the requirements in respect of facilities at his command :

Provided further that where it is proposed to recognise a person employed under the Chief Inspector as a ‘Competent Person’, concurrence of the State Government shall be taken and such a person after being so recognised, shall not have powers of an Inspector:

Provided further that the ‘Competent Person’ recognised under this provision shall not be above the age of 62 and shall be physically fit for the purpose of carrying out the tests, examination and inspection.

(2) The Chief Inspector may recognise an institution of repute, having person possessing qualifications and experience as set out in the schedule annexed to sub-rule (1) for the purpose of carrying out tests, examinations, inspections and certification for buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plant, confined space, ventilation system and such other process or plant and equipment as stipulated in the Act and the Rules made thereunder, as a 'Competent Person' within such area and for such period as may be specified.

(3) The Chief Inspector on receipt of an application in the prescribed form from a person or an institution intending to be recognised as a ‘Competent Person’ for the purposes of this Act and the Rules made thereunder, shall register, such application and within a period of sixty days of the date of receipt of application, either after having satisfied himself as regards competence and facilities available at the disposal of the applicant recognise the applicant as a ‘Competent Person’ and issue a certificate of competency in the prescribed form or reject the application specifying the reasons therefor.

(4) The Chief Inspector may, after giving an opportunity to the competent person of being heard, revoke the certificate of competency

(i) if he has reason to believe that a competent person-

(a) has violated any condition stipulated in the certificate of competency; or

(b) has carried out a test, examination and inspection or has acted in a manner inconsistent with the intent or the purpose of this Act or the Rules made thereunder; or has omitted to act as required under the Act and the Rules made thereunder; or

(ii) for any reason to be recorded in writing.

Explanation: For the purpose of this Rule, an institution included a organisation.

(5) The Chief Inspector may, for reasons to be recorded in writing, require re-certification of lifting machines, lifting tackles, pressure plant or ventilation system, as the case may be, which has been certified by a competent person outside the states.

Form of Application for grant of Certificate of Competency to a person under sub-rule (1) of Rule 2A

1. Name

2. Date of Birth

3. Name of the Organisation

(If not self employed)

4. Designation

5. Educational Qualification

(copies of testimonials to be attached)

6. Details of professionals experience

(in chronological order)

Name of the Organisation

Period of Service

Designation

Area of Responsibility

 

 

 

 

 

 

 

 

7. Membership, if any, of professional bodies.

8. (i) Details of facilities (examination, testing etc.) at his disposal.

(ii) Arrangements for calibrating and maintaining the accuracy of these facilities.

9. Purpose for which competency certificate is sought (section or sections of the Act should be stated).

10. Whether the applicant has been declared as a Competent Person under any statute (if so, the details).

11. Any other relevant information.

12. Declaration by the applicant.

I……………………………. hereby, declare that the information furnished above is true, I undertake--

(a) that in the event of any change in the facilities at my disposal (either addition or deletion) or my leaving the aforesaid organisation, I will promptly inform the Chief inspector;

(b) to maintain the facilities in good working order, calibrated periodically as per manufacturers instructions or as per National standards; and

(c) to fulfil and abide by all the conditions stipulated in the certificate of competency and instructions issued by the Chief Inspector from time to time.

Place:

Date:

Signature of applicant

Declaration by the Institution (if employed)

I…………………………… certify that Shri……………………. whose details are furnished above, is in our employment and nominate him on behalf of the organisation for the purposes of being declared as a competent person under the Act, I also undertake that I will-

(a) notify the Chief Inspector in case the competent person leaves our employment;

(b) provide and maintain in good order all facilities at the disposal as mentioned above;

(c) notify the Chief Inspector any change in the facilities (either addition or deletion).

Signature________________________

Designation _____________________

Telephone No: Date …………………………..

Official

seal

Form of Application for grant of Certificate of competency to an Institution under sub-rule (2) of rule 2A.

1. Name and full address of the organisation.

2. Orgainsation's status (specify whether Government, Autonomous, Cooperative, Corporate or Private).

3. Purpose for which competency certificate is sought specify section(s) of the Act.

4. Whether the Organisation has been declared as a competent person under this or any other statute. If so, give details.

5. Particulars of persons employed and possessing qualification and experience as set out in Schedule, annexed to sub-rule (1 ) of Rule 2A.

Sl. No.

Name and Designation

Qualification

Experience

Section(s) and the Rules under which competency is sought for

1.

 

 

 

 

2.

 

 

 

 

3.

 

 

 

 

4.

 

 

 

 

6. Details of facilities (relevant to item 3 above) and arrangements made for their maintenance and period i.e. calibration.

7. Any other relevant information.

8. Declaration:

I…...................hereby, on behalf of...........................................................................certify the details furnished above are correct to the best of my knowledge I undertake to -

(i) maintain the facilities in good working order, calibrated periodically as per manufacturers instructions as per National Standards; an

(ii) to fulfil and abide by all the conditions stipulated in the certificate of competency and instructions issued by the Chief Inspector from time to time.

Place &
Date

Signature of Head of the
Institutions or of the
persons authorised to sign
on his behalf
Designation.

Form of Certificate of competency issued to a person or an institution in pursuance to Rule 2A made under section 2(ca) read with section…………………………

I…………………………………, in exercise of the powers conferred on me under section 2(ca) of the Factories Act and the rules made thereunder, hereby recognize ……………………….. (Name of the institution) of Shri …………………………..employed in (Name of the person) ……………………………………(Name of the Organisation) to be a competent person for the purpose of carrying out tests, examinations, inspections and certificate for such buildings, dangerous machinery, lifts and hoists, lifting machines and lifting tackles, pressure plants, confined space, ventilation system and process or plant and equipment as the case may be, used in a factory located in under section and the Rules made thereunder-

This certificate is valid from………………………….. to…………………………………. This certificate is issued subject to the conditions stipulated hereunder:-

(i) Tests, examinations and inspections shall be carried out in accordance with the provisions of the Act and the Rules made thereunder;

(ii) Tests, examinations and inspections shall be carried out under direct supervision of the competent person or by a person so authorised by an institution recognised to be a competent person;

(iii) The certificate of competency issued in favour of a person shall stand cancelled if the person leaves the Organisation mentioned in his application;

(iv) The institution recognised as a competent person shall keep the Chief Inspector informed of the names, designations and qualifications of the persons authorised by it to carry out tests, examinations and inspections.

(v) ……………………………………………….

(vi) ………………………………………………

StationOfficial seal

Signature of the Chief Inspector

Date

Note.- A separate certificate should be issued under each relevant section. A person or an institution may be recognised competent for the purpose of more than one section of the Act. Strike out the words not applicable.

SCHEDULE

Sl. No.

Section or Rules under which competency is recognised

Qualification required

Experience for the purpose

Facilities at his command

1

2

3

4

5

1.

Rules made under section 6 and section 112.- Certificate of stability for buildings

Degree in Civil or Structural engineering or Equivalent

(i) A minimum of 10 years experience in the design of construction or testing or repairs of structures.

 

 

 

 

(ii) Knowledge of non-destructive testing, arious codes of practices that are current and the effect of the vibrations and natural forces on the stability of the building, and

 

 

 

 

(iii) Ability to arrive at a reliable conclusion with regard to the safety of the structure of the building.

 

2.

Rules made under section 21 (2) – “Dangerous machines”

Degree in Electrical or Mechanical or Textile Engineering or equivalent

(i) A minimum of 7 years experience in :.-

(a) design or operation or maintenance, or

(b) testing, examination and inspection of relevant machinery, their guards, safety devices and appliances.

Guages for measurement instruments for measurement of speed and any other equipment or device to determine the safety in the use of the dangerous machines.

 

 

 

(ii) He shall –

(a) be conversant with safety devices and their proper functioning.

(b) be able to identify defects and any other cause leading to failure; and

(c) have ability to arrive at a reliable conclusion with  regard to the proper functioning of safety device and appliance and machine guard.

 

3.

Section 28 – Lifts and Hoists

A degree in Electrical and / or Mechanical Engineering or its Equivalent

(i) A minimum experience of 7 years in :-

(a) design or erection or maintenance, or

(b) inspection and test procedures, of lifts and hoists;

 

 

 

 

(ii) He shall be --

(a) Conversant with relevant codes of practices and test procedures that are current.

(b) Conversant with other statutory requirements covering the safety of the Hoists and Lifts;

(c) able to identify defects and arrive at a reliable conclusion with regard to the safety of Hoists and Lifts.

 

4.

Section 29.- Lifting Machinery and Lifting Tackle

Degree in Mechanical or Electrical or Metallurgical Engineering or its equivalent

(i) A minimum experience of 7 years ---

(a) design or erection or maintenance, or

(b) testing, examination and inspection, of lifting machinery, chains, ropes and lifting tackles.

Facilities for load testing, tensile testing, heat treatment, equipment/ gadget for measurement, gauges and such other equipment to determine the safe working conditions of the lifting machinery tackle.

 

 

 

(ii) He shall be --

(a) Conversant with relevant codes of practices and test procedures that are current.

(b) Conversant with fracture mechanics and metallurgy of the material of construction;

(c) Conversant with heat treatment/ stress relieving techniques as applicable to stress bearing components and parts of lifting machinery and lifting tackles.

(d) capable of identifying defects and arriving at a reliable conclusion with regard to the safety of lifting machinery, chains, ropes and lifting tackles.

 

5.

Section 31.- Pressure Plant

Degree in Chemical or Electrical Metallurgical or Mechanical Engineering or its equivalent

(i) A minimum experience of 7 years ---

(a) design or erection or maintenance, or

(b) testing, examination and inspection, of pressure plant.

Facilities for carrying out hydraulic test, on destructive test, gauges equipment/  gadget for measurement, and any other equipment or gauges to determine the safety in the use of Pressure vessels.

 

 

 

(ii) He shall be --

(a) Conversant with relevant codes of practices and test procedures relating to pressure vessels.

(b) Conversant with statutory requirements concerning the safety of unfired pressure vessels and equipment operating under pressure;

(c) Conversant with non-destructive testing techniques as are applicable to pressure vessels.

(d) able to identifying defects and arriving at a reliable conclusion with regard to the safety of pressure plants.

 

6.

Section 36.- Precautions against dangerous fumes

Master’s degree in Chemistry  or a degree in Chemical  Engineering.

(i) A minimum of 7 years in collection and analysis of environmental samples and calibration of monitoring equipments;

Meters, instruments and devices duly calibrated and certified for carrying out the tests and certification of safety in working in confined spaces.

 

 

 

(ii) He shall be --

(a) Be conversant with the hazardous properties of chemicals and their permissible limit values.

(b) Be conversant with the current techniques of sampling and analysis of the environmental contaminants

(c) be able to arrive at a reliable conclusion as  regards the safety in respect of entering and carrying out hot work.

 

7.

Ventilation systems as required under various schedules framed under sec. 87, such as Schedules on

(i) Grinding or glazing metals and processes incidental thereto.

(ii) Cleaning or smoothing, roughening etc. of articles, by a jet and metal shot, or grit, or other abrasive propelled by a blast of compressed air or stream.

(iii) Handling and processing of asbestos,

(iv) manufacture of Royan by Viscose process.

(v) Foundry operations.

Degree in Mechanical or Electrical Engineering or equivalent.

(i) A minimum of 7 years in the design, fabrication, installation testing of ventilation system and systems used for extraction and collection of dusts, fumes and vapours and other ancillary equipment.

Facilities for testing the ventilation systems, instruments and gauges for testing the effectiveness of the extraction systems for dusts, vapours and fumes and any other equipment needed for determining the efficiency and a adequacy of these systems. He shall have the assistance of a suitable qualified technical person who can come to a reasonable conclusion as to the adequacy of the system.

 

 

 

(ii) He shall be  conversant with relevant codes of practice and tests procedures that are current in respect of ventilation and extraction system for fumes and be able to arrive at a reliable conclusion with regard to effectiveness of the system.

 

 

 

 

 

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