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Government Of Assam Labour and Welfare Inspectorate of Factories

Recognition of Competent Person
Rule 2A of The Assam Factories Rules,1950

(1)The Chief Inspector may recognize any person as a competent person’ within such area and for such period as may be specified for the purpose of carrying out test; examinations, inspections and certification for such buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plant, confined space, ventilation system and such other process or plan and equipment as stipulated in the Act and Rules made thereunder, located in a factory if such a person possesses the qualifications, experience and other requirements as set out in the Schedule in Annexure-1 of this Rules and in the form in Annexure-II:

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

Provided further that where it is proposed to recognize a person under Rule 2A-Sub-rule (1) or 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 power 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 purpose of carrying out the tests, examination and inspection and a certificate of such fitness from a Dist. Health and Family Welfare Officer or sub-divisional Medical Officer must be obtained prior to his recognition.

(2)The Chief Inspector may recognise an institution of repute, situated within the state having persons possessing qualification and experiences as set out in the Schedule Annexed to sub-rule (1) for the purpose of carrying out tests, examinations, inspection and certification for building, 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 Act and 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 from given in Annexure-III of these rules from a person or an institution intending to be recognised as a ‘competent person ‘ for the purposes of this Act and 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 and such certificate must be countersigned by the Secretary, to the Govt of Assam, Labour & Employment Department:

Provided that the Chief Inspector shall publish in the official Gazette a notice in two local news papers of the state inviting application in the prescribed form such person or institution giving there in the qualification, age and other terms & conditions required for a such a person or institution for selection as competent person or institution before the applicants are registered in the aforesaid manner.

The Chief Inspector may, after giving an opportunity to the competent person of being heard, revoke the certificate of competency with approval of the State Government and the counter signature of the secretary to the Government of Assam, Labour and Employment Department:
  If he has reason to believe that a competent person.
   (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 intents for the purpose of this Act or the Rules made thereunder or has omitted to as required under the Act and the Rules made thereunder, or
   (ii)for any other reason to be recorded in writing
Explanation, For the purpose of this Rule . Institution includes an organization.

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

(Ref: Annexure- I, II, III & IV)