Jammu and Kashmir Factory Registration
In Jammu and Kashmir, factory registration is mandatory as per the provisions of the Factory Act, 1948. Factory owners must register their premises with the district governing authority before the commencement of business. Before issuing a factory license, the approval of the building plan is compulsory for the factory. The Chief Inspector of Labour Commissioner Organisation will grant the factory license after registration. In this article, we look at the procedure for Jammu and Kashmir factory registration in detail.Jammu and Kashmir Factories Rules, 1972
According to the provisions under the Factories rules, 1972 an application form has to be requested for site plan approval before the commencement of the construction to obtain a factory license. The Divisional Inspector of factories after examining the site may issue or reject the factory license within thirty days from the day of receiving the application.Applicability of the Act
The below-mentioned factories are supposed to request for factory license under the following conditions.- The factory or establishment holds ten or more workers employed with the use of power for manufacturing activities.
- The factory or establishment carries twenty or more workers employed without the use of electricity for manufacturing activities.
Sanctioning Authority
The powers for the plan approved registrants and license renewal of factors under Factories rules 1972 are designated as under:S.No | Name of Service | Concerned Authority |
1. | For approval of the plan and permission to construct or use any building as a factory under the Factories Act. | Chief Inspector of Factories |
2. | For site appraisal of Hazardous Factory covered under Section 2 under the Factories Act. | Chief Inspector of Factories |
3. | For registration and grant of a license under the Factories Act. | Chief Inspector of Factories |
Documents Required for Building Plan Approval
The required documents are to be provided for the approval of your building plan.- Application in the prescribed format (Form -1)
- Three copies of plans, drawn to scale, displaying the site of the factory and surroundings which contains adjacent building and other structure, roads, drains etc. The plan, elevation, side view and constant cross-section of the various building representing all relevant information regarding ventilation, natural lighting and means of escape in case of fire. The plan should also clearly indicate the position of the plant machinery, aisles and passageway.
- A brief description of the manufacturing process and the process flow chart of the manufacturing process
- List of plant and machinery
- List of raw materials
- Consent to Establish/ Consent to Operate from Jammu and Kashmir State Pollution Control Board
- Details of the land of the factory or proof of ownership of land i.e. certified the copy of the registered sale deed, lease deed and rent agreement) in the event of the lease agreement or rental agreement, consent of the owner of the land.
- Company related reports such as Memorandum and Article of Association/ List of Directors/ Board of Directors resolution regarding the appointment of occupier/ Partnership Deed
- In the case of Government/ Government owned/undertaking factories, letter of nomination of occupier from the concerned Ministry
- No Objection Certificate/License from concerned department/authority in case of sawmills, flaying of wood logs factories, explosive factory, ammunition factory, drug and pharmaceuticals factory, brick kilns and stone crusher 3
- For banned/ regulated parts, permission from the respective Department is necessary.
- ID Proof of the applicant/authorised representative (Aadhar Card/ PAN Card).
- Any other documents requested explicitly by IF /CIF.
Documents Required for Permission of Site Appraisal
The following documents are to be provided for the getting the site approval.- Land paper with a letter of possession.
- Vicinity map of the proposed site.
- Details of soil condition and depth with the soil test report.
- Contour map.
- Plan of the factory representing entry and exit point roads within water drainage etc.
- Summary of the salient feature of the project.
- Block diagram of the buildings and installation in the requested unit along with the Assembly Points displayed on the map of the factory.
- Organisational diagram.
- Proposed health and safety policy.
- Metrological data – Temperature, humidity & wind velocity.
- Seasonal variation of wind direction.
- Seismic zone map.
- Process Flow diagram 5.
- A brief write-up of process and technology.
- Details of raw materials, intermediate products and their storage quantities.
- MSDS of the hazardous substance.
- Documents related to State and central government approval along with required NOC.
- Risk assessment study.
- Information on emergency preparedness i.e. onsite emergency plan.
- NOC for the use of groundwater.
- Environment impact assessment (if required).
- Environment Management Plan.
- ID Proof of the applicant/authorised representative (Aadhar Card/ PAN Card).
- Other documents as per the nature of the hazardous process in the required format.
Documents Required for Factory Registration
The required documents are to be submitted along with the application form of factory registration.- Application in the prescribed format (Format combined (2 and 3)
- Treasury Challan of requisite fee
- Land agreement of the factory or Proof of ownership of land (Copy of registered sale deed, lease deed and rent agreement). In the event of lease deed or rent agreement, consent of the owner of the land.
- Company documents in case of a public limited company:
- Board of Directors list, (ii) Memorandum and Article of Association, (iii) Board of Directors resolution representing appointment of the occupier of the factory under the Factories Act, 1948 and occupier must be a member of the board.
- In case of the proprietary firm: No need for extra document
- In case of partnership firm: Partnership deed along with the list of partners
- In the case of Government/ Government owned/undertaking factories, letter of appointment of occupier from the concerned Ministry
- NOC/ Consent to Operate from J&K State Pollution Control Board
- List of plant and machinery
- List of raw materials
- Detailed Project Report (DPR)
- NOC/License from concerned department/authority in case of sawmills, peeling of wood logs factories, explosive factory, arms and ammunition factory, drug and pharmaceuticals factory, brick kilns and stone crusher.
- In the case of Industries involving hazardous process (First Schedule of Factories Act, 1948). Application for site appraisal in the format prescribed under rule 62 AH of Bihar Factory Rule 1950. After site appraisal and approval application for a map, approval has to be submitted.
- ID Proof (Aadhar Card/ PAN Card) 15. Any other documents requested explicitly by IF/Deputy IF/CIF (based on the nature of the manufacturing process).
- DIC Registration 18
- Power load Sanction from PDD
- Two passport size photographs of Manager or Occupier.
Documents Required to Renew Factory License
The required documents are to be submitted along with the application form of factory renewal.- Form No. 2 and 3 (combined) triplicate copies every year.
- Power sanction Certificate from PDD.
- Pollution Control Certificate from Pollution Control Department.
Fee for Factory License
The Schedule of prescribed fee payable at the time of registration in Jammu and Kashmir is tabulated below:The quantity of H.P placed (Maximum H.P.) | The maximum number of persons to be worked on any day during the year. | ||||||
Up to 20 | Up to 50 | Up to 100 | Up to 250 | Up to 500 | Up to 750 | Up to 1000 | |
Nil | Rs.200 | Rs.380 | Rs. 680 | Rs. 1580 | Rs.3080 | Rs. 4580 | Rs. 6080 |
Up to 10 | Rs.250 | Rs.430 | Rs.730 | Rs.1630 | Rs.3130 | Rs. 4630 | Rs. 6130 |
Up to 50 | Rs. 450 | Rs. 630 | Rs. 930 | Rs. 1830 | Rs. 3330 | Rs. 4830 | Rs. 6330 |
Up to 100 | Rs. 700 | Rs. 880 | Rs. 1180 | Rs. 2080 | Rs. 3580 | Rs. 5080 | Rs. 6580 |
Up to 250 | Rs. 1450 | Rs. 1630 | Rs. 1930 | Rs. 2830 | Rs. 4330 | Rs. 5830 | Rs. 7330 |
Up to 500 | Rs. 2700 | Rs. 2880 | Rs. 3180 | Rs. 4080 | Rs. 5580 | Rs. 7080 | Rs. 8580 |
Up to 1000 | Rs. 5200 | Rs. 5380 | Rs. 5680 | Rs. 6580 | Rs. 8080 | Rs. 9580 | Rs. 11080 |
Up to 1500 | Rs. 7700 | Rs. 7880 | Rs. 8180 | Rs. 9080 | Rs. 10580 | Rs. 12080 | Rs. 13580 |
From 2000 and above 2000 | Rs. 10200 | Rs. 10380 | Rs. 10680 | Rs. 11580 | Rs. 13080 | Rs. 14580 | Rs. 16080 |
Application Procedure for Factory Registration
To factory registration in Jammu and Kashmir, follow the steps given below. Before registering for the factory, the applicant has to apply for a building plan approval online.Application Procedure for building plan approval
To get building approval for the factory, follow the steps explained here. Approach the Department of Labour, Jammu and Kashmir Step 1: The applicants will have to visit the Labour Department for the approval of building plan in the state. Download Form Step 2: Click on “Download Forms” option from the drop-down list which is visible on the homepage of the portal. Approval for Building Plan Step 3: Fill the application form with the required details and then attach the prescribed documents along with the building plan approval application form. Submission of Form Step 4: To register and apply for the building plan approval to be submitted to the concerned inspector of factories, declaration form. Building Plan Approval Process The filled application form will be scrutinised by the concerned Inspector of Factories followed by a site visit. If any query related to the application (such as insufficient documents, incorrect information etc.) the same would be intimated to the applicant. If the question is not responded, the application requested will not be processed and may also be rejected. If there is no query or the query is resolved, the concerned Inspector of Factories would conduct a site inspection. Inspector of Factories forwards the application with a recommendation to Chief Inspector of Factories (CIF) with necessary recommendations. Chief Inspector of Factories will review the submitted application and approve the plan. Issue the approved plan along with necessary compliance conditions. Once the application is approved, a certified copy of the approved plan with approval conditions will be forwarded by the office of the Chief Inspector of Factories to the office of the concerned Inspector of Factories.Application procedure for Factory License
Step 1: The applicant has to follow the same process to download the factory license application form from the portal. Factory License Application Form Step 2: Fill the form with the required details and then attach the prescribed documents along with the factory license application form. The form has been attached below for a quick reference: Submit the Form Step 4: Attach all the relevant documents as per the checklist as mentioned above and apply at the office of concerned Inspector of Factories along with requisite application processing fees in the form of Treasury Challan. Issuance of Factory License Primary verification of the application is done by the office clerk and is forwarded to the concerned Inspector of Factories. Filled Application Form will be scrutinised by the Inspector of Factories followed by the site visit. If there is any query the same would be communicated to the applicant, and a prescribed timeline will be provided to answer the query. If there is no query or the query is resolved within the stipulated time the Inspector of Factories would approve the application and forwarded to the Chief Inspector of Factories along with his recommendations. If the query is not answered within the stipulated timeline by the applicant, the application would be summarily rejected. Next, filled in application form will be scrutinised by the Chief Inspector of Factories and a registration number is allotted and forwarded to the concerned Inspector of Factories. Inspector of Factories will grant a license (as prescribed in Form 5) based on the allotted registration number. The license would be sent to the office of the applicant by the concerned Inspector of Factories.Renewal of Factory License
The validity of the factory license is for one to three years, so the expired license has to renewed within two months from the date of expiry of license by applying for renewal (application form no-2 and Form 3). And attach all the relevant documents as per the checklist mentioned above and submit the form at the office of concerned Inspector of Factories along with requisite application processing fees in the form of Treasury Challan. Grant of Renewed License Primary verification of the application is done by the office clerk and forwarded to the Inspector of Factories. The Inspector of Factories will scrutinise the filled application form. If there are anomalies/ compliance issues, Inspector of Factories will communicate to the Applicant for making necessary corrections. If there are no compliance issues or compliance is achieved after necessary correction, renewal license will be issued in Form 5. Inspector of Factories will inform Chief Inspector of Factories about the renewal license issued to the applicant. To know about Jammu and Kashmir Fire License click herePopular Post
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