Section of Labour Commissioner Organisation

Director of Factory
G.T. Road, Kanpur

 

                      Factory Directorate Section

With a view to provide safe and healthy work environment, regulation of working hours, welfare measures, timely payment of wages etc. and the maternity benefit to the women workers, the various provisions of the following Acts and the rules made there under, are ensured through inspection of a factory. The inspections of factories are carried out by regional Assistant Director of Factories, who are notified as “Inspector” under the Factories Act, 1948.

(1)        The Factories Act, 1948 and rules made there under;

(2)        The Payment of Wages Act, 1936 and rules made there under;

(3)        The Maternity Benefit Act, 1961 and rules made there under.

38 posts of Assistant Director of Factories, 08 posts of Deputy Director of Factories and 01 post of Director of Factories are sanctioned for the enforcement of above Acts and rules. The Director of Factories is Head of Office for his organization and functions under the administrative control of the Labour Commissioner.

07 divisional offices of Dy. Director of Factories at Kanpur, Lucknow, Allahabad, Bareilly, Meerut, Ghaziabad and Noida (Gautam Budh Nagar) along with 18 regional offices of Asstt. Director of Factories at Kanpur, Lucknow, Faizabad, Gorakhpur, Allahabad, Varanasi, Bareilly, Firozabad, Aligarh, Agra, Meerut, Bulandshahar, Bijnore, Mujaffarnagar, Saharanpur, Moradabad, Ghaziabad and Noida (Gautam Budh Nagar) are established throughout the state to ensure the effective implementation of the above Acts and rules.

The registration/renewal of all such industrial units, covered by the definition of the Factories Act, 1948, is being done by regional Asstt. Director of Factories, Dy. Director of Factories and Director of Factories. The Asstt. Director of Factories and Dy. Director of Factories ensure the safe and healthy work environment to the workers and due welfare facilities under the law, and also advise to the management of factories, so that safe working conditions are ensured and industrial accidents are prevented in the factories.

The powers for plan approval, registration and license renewal of the factories, under the Factories Act, 1948 are designated as under :-

1-

Factories employing less than 300 workers

Regional Asstt. Director of Factories

2-

Factories employing 300 or more workers and factories of hazardous process

Divisional Dy. Director of Factories

3-

Major Accident Hazard Factories

Director of Factories.

The renewal of licence, except hazardous factories, of all other factories is being done for five years at a time, if applied by the owner of the factory. The licence fee for the issue of licence and renewal thereof, is charged on the basis of installed horse power and employment. The Government of U.P. vide Notification No-233/36-3-2000-166 (SA)-98 dated 29-02-2000 (copy attached) have revised the rates of licence fee presently applicable. In the factory directorate inspection of the factories are being carried out by the divisional Dy. Director of Factories and regional Asstt. Director of Factories.  Prosecutions are launched against the occupier/manager of factories, who are found negligent in the compliance of the provisions of the factories Act, 1948 and rules made thereunder in the competent court of law.

All fatal and serious non-fatal accidents are investigated, to avoid recurrence of such accidents, by Asstt. Director of Factories.

           The State Government under the Factories Act, 1948 and Ministry of Environment & Forest, Govt. of India under the Environment protection Act, 1986 have notified following specific rules in view of the use, handling and storage of hazardous substances in the factories and to ensure the safety of workers and public residing nearby. The officers of Factory Directorate also ensures compliance of specific safety provisions stipulated in these rules :

1-      The U.P. Factories (Control of Industrial Major Accidents Hazards) Rules, 1996 and chapter IV-A (under the Factories Act,1948.)

2-      The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 (amended 2000)   (under the Environment Protection Act, 1986)

3-      The Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996.  (under the Environment Protection Act, 1986)

In the State of Uttar Pradesh there are 2,456 factories of hazardous nature, wherein hazardous substances are being handled, used and stored and there is a possibility of impairment to the health of workers employed therein as well as pollution of the general environment. The regional officers of Factory Directorate keeps vigilant eye on such units through inspections once in a year, so that necessary and adequate safety arrangements are ensured in view of industrial activities and use of hazardous substances.

Out of these 2,456 hazardous factories, there are 118 factories, which are major accident hazard prone and wherein the use or storage of hazardous substance is equal to or more than the quantity specified in above cited rules. All the Major Accident Hazardous Factories are advised to, as per the provisions of MSIHC Rules, 1989 (amended 2000), to conduct the rehearsal of their On Site Emergency Plan twice in a year, in the month of June to December Presently these 118 major accident hazard factories are situated in 38 districts. Districts Crisis Groups in all the 38 districts have been constituted under the chairmanship of District Magistrate of respective districts.