Section 6 of the Factories Act 1948 - Approval, Licensing and Registration of Factories
Section 6 empowers the State Government to make rules governing approval of factory plans, prior permission for the site, construction or extension of factories, and their registration and licensing. It also contains a deemed-permission mechanism and a statutory appeal against refusal.
Meaning and purpose of Section 6
Section 6 is an enabling provision. It authorises the State Government to prescribe, through rules, the procedural requirements that must be followed before specified factories are established, constructed, extended, registered or licensed. The detailed forms, competent authorities, fees and procedural requirements may therefore depend on the factory rules applicable in the concerned State or Union Territory.
For practical compliance, an occupier or promoter should read Section 6 together with the applicable State Factories Rules and Section 7, relating to notice by the occupier.
Section 6 - statutory provisions explained
Section 6(1): Power of State Government to make rules
The State Government may make rules requiring submission of plans of any class or description of factories to the Chief Inspector or State Government.
The rules may require previous written permission of the State Government or Chief Inspector for the site on which a factory is proposed and for the construction or extension of a factory or class or description of factories.
For considering an application, the rules may require plans and specifications, prescribe their nature and specify by whom they must be certified.
The rules may require registration and licensing of factories, prescribe fees for registration, licensing and renewal, and provide that a licence shall not be granted or renewed unless the notice required by Section 7 has been given.
Section 6(2): Deemed permission after three months
Where an application for permission under clause (aa) of Section 6(1), accompanied by the plans and specifications required by the rules, is sent to the State Government or Chief Inspector by registered post and no order is communicated within three months from the date on which it is sent, the permission applied for is deemed to have been granted.
Section 6(3): Appeal against refusal
If the State Government or Chief Inspector refuses permission for the site, construction or extension of a factory, or refuses registration and licensing, the applicant may appeal within thirty days from the date of refusal.
Where the refusal is by the State Government, the appeal lies to the Central Government. In any other case, the appeal lies to the State Government.
Explanation: When replacement or addition is not an extension
A factory is not treated as extended merely because plant or machinery is replaced, or because plant or machinery is added within prescribed limits, if the replacement or addition does not reduce the minimum clear space required for safe working around the plant or machinery and does not adversely affect environmental conditions through the evolution or emission of steam, heat, dust or fumes injurious to health.
Key compliance requirements at a glance
| Requirement | Section 6 position |
|---|---|
| Factory plans | State rules may require plans to be submitted to the prescribed authority. |
| Site, construction or extension | Previous written permission may be required under the applicable rules. |
| Plans and specifications | Rules may prescribe their contents and required certification. |
| Registration and licence | State rules may require registration, licensing, renewal and payment of prescribed fees. |
| Notice under Section 7 | Rules may prohibit grant or renewal of a licence unless the Section 7 notice has been given. |
| No decision on qualifying permission application | Permission is deemed granted after three months where the statutory conditions in Section 6(2) are satisfied. |
| Refusal | An appeal may be filed within thirty days before the authority specified in Section 6(3). |
Important terms in Section 6
Factory
The expression "factory" is defined in Section 2(m) of the Factories Act, 1948. Broadly, the central definition covers premises, including their precincts, where the prescribed worker threshold is met and a manufacturing process is being carried on, or is ordinarily carried on, with or without the aid of power, subject to the statutory exclusions and any applicable State amendments.
Occupier
Under Section 2(n), "occupier" means the person who has ultimate control over the affairs of the factory, subject to the statutory rules identifying the occupier in the case of a firm, company and factory owned or controlled by Government.
Chief Inspector
Section 8 provides for appointment of Inspectors and the Chief Inspector by the State Government. References in Section 6 to the Chief Inspector must be read with the statutory framework and the designation used under the applicable State rules.
Practical effect of deemed permission
Section 6(2) does not create an unrestricted automatic approval for every factory application. The provision applies to the permission referred to in Section 6(1)(aa) and requires the application to be accompanied by the plans and specifications required under the rules and sent to the competent authority in the manner stated in the provision. Compliance records, dispatch proof and the applicable State rules should therefore be checked before relying on deemed permission.
Appeal against refusal under Section 6(3)
The appeal period is thirty days from the date of refusal. The appellate forum depends on who made the decision: a State Government refusal is appealable to the Central Government, while a refusal by another competent authority covered by the provision is appealable to the State Government.
State Factories Rules are essential
Section 6 creates the rule-making framework, while operational details are generally prescribed by the respective State Government. Before filing an application, verify the State-specific rules for the prescribed form, plans, specifications, certification, authority, fees, renewal requirements and online or physical filing procedure.
Official India Code - Factories Act, 1948
Related provisions
Readers may also refer to Section 5 - Power to exempt during public emergency, Section 7 - Notice by occupier, Section 7A - General duties of the occupier, Section 8 - Inspectors and Section 9 - Powers of Inspectors.