“6. (1) An application for grant of certificate of recognition as a Safety Auditor for carrying out safety audit shall be made electronically to the Chief Inspector by,—
(a) an individual in Form A alongwith an examination fees of rupees one thousand,
(b) an institution in Form B alongwith an examination fees of rupees one thousand per person who shall appear for examination of Safety Auditor, between January to March and July to September of the year. The applications received after 31st March shall be considered in the subsequent period i.e. July to September and the applications received after 30th September shall be considered in the subsequent period i.e. January to March.
(2) On receipt of an application duly made in accordance with these rules in Form A, the Chief Inspector shall scrutinise it and conduct a written examination of eighty marks and interview of twenty marks of eligible applicants. The Chief Inspector shall recommend the list of the selected applicants scoring fifty per cent. or more marks in written examination and also in interview to the Government for approval. The Chief Inspector shall forward the list of selected applicants,—
(i) by the end of April of every year for the applications received during a period of January to March, and
(ii) by the end of October of every year for the applications received during a period of July to September :
Provided that, the Chief Inspector shall recommend the list of only such institutes whose minimum three persons employed possess a degree in Chemical, Electrical and Mechanical Branch and all such persons have scored fifty per cent., or more marks in written examination and in interview to the Government for approval.
(3) On receipt of the recommendation list from the Chief Inspector, the State Government may grant approval to the applicant as a Safety Auditor or reject the application after specifying the reasons therefor, within sixty days from the date of receipt of the recommendations from the Chief Inspector.
(4) After approval from the Government, the applicant shall deposit a recognition fees of rupees twenty thousand to the Chief Inspector electronically within thirty days from the date of communication by the Chief Inspector. The Chief Inspector shall issue a Certificate of Recognition in Form C to the applicant within fifteen days after receipt of fees. The application shall be deemed to be cancelled on failure to deposit the fees within the said period.
(5) The recognition granted under sub-rule (4) shall be valid for a period of two years from the date of issuance of Certificate of Recognition.
(6) The Safety Auditor who intends to renew his Certificate of Recognition shall apply in Form A or Form B, as the case may be, to the Chief Inspector Three and half months prior to the expiry of period of validity of Certificate of Recognition.
(7) The applicant shall not be eligible for renewal of Certificate of Recognition as a Safety Auditor, if,—
(a) the Chief Inspector has revoked such recognition in the past; or
(b) he has obtained less than seventy per cent. marks in the performance appraisal महाारााष्ट्र शाासन रााजपत्र असााधाारण भााग एक-ल, जूून १९, २०२४/ज्येेष्ठ २९, शकेे १९४६ 13 regarding his eligibility assessed and scrutinized by the Joint or Deputy Chief Inspector on the following points, the report of which is sent to the Chief Inspector, namely :—
(i) Is there any complaint regarding the safety audit from management or workers?
(ii) Whether the Safety Audit Report was submitted to the occupier within the prescribed time?
(iii) Is there any discrepancies found between details mentioned in the Safety Audit Report and the actual facts found by the officer of the Factory Inspectorate?
Explanation.— Joint or Deputy Chief Inspector may verify at least one or five per cent. of the audited factories by visiting the factory.
(iv) Whether the Safety Auditor disclosed any information relating to any manufacturing, commercial business secrets or any process secrets which came to his knowledge during the safety audit?
(v) Whether the Safety Auditor has conducted safety audit of the same factory consecutively two times?
(vi) Whether the Safety Auditor has provided any service to the factory in relation to inspection, testing, material supply or any other safety related services during last two years?
(vii) Whether the safety audit was conducted as per the checklist and standards as laid down in these rules?
(viii) Whether the safety audit was conducted after the expiry of the validity of Certificate of Recognition?
(ix) Whether the Safety Auditor has visited the factory to verify the action taken after three months from the date of submission of Safety Audit to the Occupier and submitted the report in Schedule III to the concerned office of Directorate?
(x) Whether there is any violation of the conditions prescribed in Form C?
(xi) Whether the Safety Auditor during the validity period of the certificate has attended at least any four training programs organized by any of the institute or organisation of the Directorate of Industrial Safety and Health, Narayan Meghaji Lokhande Shram Vidnyan Sanstha, Directorate General Factory Advice and Labour Institutes, National Safety Council, Disaster Management Institute, National Institute of Occupational Health, any other Government, Semi-Government institutes or reputed private institutes working in the field of Industrial Safety and Health?
Explanation.—The Chief Inspector shall collate the total marks obtained for the points (i) to (x) and evaluate the average accordingly. For the overall safety audit assessment the maximum marks for points (i) to (x) shall be eighty marks, and for point (xi) shall be twenty marks.
(8) The applications received for renewal of recognition shall be assessed and scrutinised by the Chief Inspector within forty five days from the date of receipt of such applications.
Thereafter, the Chief Inspector shall forward the recommendation list for renewal of Certificate of Recognition to the Government for its approval. The Chief Inspector shall recommend to the Government to reject the renewal of the Certificate of Recognition, if it is found that the Safety Auditor has not complied with the requirement specified in sub-clauses (ii), (iv), (v) and (xi) of clause (b) of sub-rule (7).
(9) The Government shall send the list of approved Safety Auditor to the Chief Inspector within sixty days from the date of receipt of the recommendation list for issuance of Certificate of Recognition.
भााग एक-ल-६६–३ 14 महाारााष्ट्र शाासन रााजपत्र असााधाारण भााग एक-ल, जूून १९, २०२४/ज्येेष्ठ २९, शकेे १९४६
(10) After receipt of an approval from the Government, the applicant shall pay renewal fees of rupees ten thousand electronically to the Chief Inspector and then the Chief Inspector shall issue the Certificate of Recognition to the applicant in Form C.
(11) The Chief Inspector may, after giving an opportunity to the Safety Auditor of being heard and after approval of the State Government revoke the Certificate of Recognition, if it has a reasons to believe that,—
(i) the Safety Auditor has violated any of the conditions stipulated in the Certificate of Recognition or renewal of Certificate of Recognition; or
(ii) the Safety Auditor has carried out the safety audit in violation of the provisions of the Act or these rules or has acted in a manner inconsistent with the intent or the purpose of the Act or rules made thereunder or has omitted or failed to act as required under the Act and rules made thereunder; or
(iii) the work of Safety Auditor is found unsatisfactory, and the Chief Inspector has issued warning notice to such Auditor on two occasions.”.
8. In rule 7 of the principal Rules,—
(a) for the words “in writing” the word “electronically” shall be substituted; and
(b) for the word “fifteen” the word “seven” shall be substituted.