Competent Persons

Provisions Of Factory Act & Gujarat Factory Rules

Section 2 (ca) defines "Competent Person" for the purposes of carrying out tests, examinations and
inspections required by the Factories Act. Such person may be an individual person or an institution. Its
recognition by the Chief Inspector is necessary. More than one person or institution can be recognised for
a factory. Their qualification, experience and facilities for tests shall be considered by the Chief Inspector
before recognising them.

'Competent person' may be recognised for the purposes of carrying out tests, examinations, inspections
and certification for such buildings, dangerous machinery, hoists and lifts, lifting machines and tackles,
pressure plant, confined space, ventilation system and such other process or plant and equipment as
stipulated in the Act and the rules made there under. The person should be physically fit to carry out such
tests etc, and should not be above the age of 62.

The Chief Inspector may require re-certification lifting machines, pressure plant, buildings etc, which
have been certified by a competent person outside the State.

The Chief Inspector may revoke the certificate of competency if he has reason to believe that the
competent person has violated any condition in the certificate, the tests etc. are carried out is an
inconsistent manner, has acted wrongly or has omitted to act rightly etc. Types of qualification,
experience and facilities at command may vary with types of competency required viz, for stability
certificate, pressure plants, lifting machines, dangerous machines, ventilation systems, precautions against
dangerous fumes, gas etc, ship-building and ship repair etc.

Section Description
28 lift & Hoist
29 lifting Machines, tackles
6 R 112 Structural Stability of building, plant
31 Pressure plant
36 Percussion against Dangerous Fumes
41, 112 Ship Building,Repair,Breaking
87 Ventilating System
21 Dangerous Machines

Rule 3C(Certificate of Stability

No manufacturing process shall be carried out in any premises of a factory constructed, reconstructed or
extended or in any premises which has been taken into use as a factory or part of the factory until a
certificate of stability issued by a competent person in respect of every work of engineering construction
in the Form of 1-A has been sent by Occupier of the Factory to the Chief Inspector of Factories and
accepted by him Provided that for the factories which are in existence on the date of coming into force of
these rules, the certificate of stability in Form 1-A may be sent to the Chief Inspector of Factories within
three months from the date of publication of this Notification :
Provided further that no manufacturing process shall be carried out in any premises of a factory unless a
fresh certificate of stability in Form 1-A is obtained from a competent person once in each period of five
years or after every extension. Alteration, repairs, addition, or machinery, plants etc. and sent to the Chief
Inspector of Factories:
Provided also that, the foregoing provisions be without prejudice to the provisions of Section 39 and 40 of
the Act.