How to Obtain Approval for Factory Building Plan?

Shubhangi Jain

21 Sep, 2022

The Factories Act 1948 mandates the employer to obtain approval for a Factory building plan to ensure the safety of the workers. It forms a part of one of the compliance requirements in the list of labour law compliances.

The article discusses the approval procedure for a Factory building plan under the Factory Act 1948^[1] to help the employer obtain such approval without any legal hurdles.

What is Factory Building Plan?

A Factory Building Plan is the layout of the factory/building that the factory owner intends to construct for carrying out the manufacturing process and other factory operations.

What is the need for Approval for Factory Building Plan?

The approval for factory building plans is required under Section 3 of the UP Factory Rules 1950, which states that:

“No building in a factory shall be constructed, reconstructed or extended nor shall any manufacturing process be carried or in any building constructed or extended or taken into use as a factory or part of a factory after the date of the enforcement of this rule, unless previous written permission is obtained from the Chief Inspector or Government of concerned state”.

Applications shall be made to the Chief Inspector of Factories through the region concerned Inspector of Factories.

Who is eligible to take Approval of Factory Building Plan?

Any person who fulfils the below-mentioned eligibility criteria can apply for Approval of Factory Building Plan.

• A minimum of ten workers are working on any day of the preceding 12 months
• At least 20 or more workers are working at present or were working on any day in the last year (12 months) and in any part where the manufacturing process is ongoing without any power or aid or is ordinarily going on.

Documents required for Approval

The following documents are required to be furnished for obtaining Factories Building Plan.

• Form-1 (Particular of Room in The Factory)
• Questionnaire To Form-1
• Certificate of Stability
• NOC of Fire
• NOC of UPPCB
• Process Flow Diagram
• NOC From Local Body/Local Authority
• NOC From Explosive Department
• NOC From Others
• Building Drawing Copy
• NOC From Electrical Safety
• Proof of Ownership of factory building premises
• Notification of Site
• Memorandum Article
• List of Directors
• Resolution for the declaration of Occupier
• Safety Report
• On-Site Emergency Plan
• Health and Safety Policy
• Stability Certificate

Procedure for Obtaining Approval of Factory Building Plan

The applicant must follow the below-mentioned steps to obtain approval for the factories building plan

Filing an Application

An application must be filed by the applicant Chief Inspectors as per FORM 1.

Submission of Documents

The applicant is required to submit the documents discussed above along with the application form. It must be noted that the stability certificate shall be delivered to the chief inspector possessing the following Qualification

•  Membership ( Corporate) of any of the following institutions :
• The Institute of Civil Engineers.
• The Institute of Structural Engineers.
• The Royal Institute of British Architects.
• The Institute of Engineers (India), along with a degree from a regd Civil Engineering College of India only if he has also been for 3 years in bona fide practice on his own accounts as a Chief Assistant of a recognized firm of Civil Engineers, or
• Any other qualifications as the Chief Inspector of Factories may approve.

Verification of Application and Documents

The chief inspector shall verify the application and documents to check the adequacy and accuracy of the documents and application form.

Issue of Approval Letter

Upon being satisfied with the same, the chief inspector shall approve the building factory plan within 15 days of receiving such application, and the Chief Inspector shall duly sign the approval letter.

Conclusion

The approval of factory building plan is necessary to ensure that the buildings is constructed, keeping in mind all the safety measures to avoid any accidents of the workers or employees as well as damage to the buildings. Therefore the employer needs to obtain Approval for this plan, which can be obtained without any hassle with the experts at Enterslice.

Read our Article: Factory Law Compliance Checklist: Mandatory Compliance for Factories