Navigating Factory Act Compliance for Imported Machinery: What Should You Know?

navneet.kumar1
Query on Compliance with the Factories Act 1948

Dear Friends & Seniors,

Good Evening! I trust you are keeping well & safe. I need your suggestion for my query below:

Compliance with Sec 7-B of the Factories Act 1948

Sec 7-B of the Factories Act 1948 defines the guidelines where an article (plant & machinery) is designed or manufactured outside India. It shall be obligatory on the part of the importer to ensure:
a) that the article conforms to the same standards as if it were manufactured in India, or
b) if the standards adopted in the country outside for the manufacture of such an article are above the standards adopted in India, that the article conforms to such standards.

Queries Regarding Factory Inspector and Compliance

1. Does the Factory Inspector really check or ask for information related to plants manufactured outside India while providing layout approval followed by a factory operating license? If yes, what supporting documents should be available to meet the requirement?
2. Is there any obligation to import second-hand plants under the Factories Act or any other Indian regulation (Pollution laws, etc.)?
3. For the same scenario, are there any obligations or compliance requirements asked by the State Pollution Control Board while granting the Consent to Establish & Consent to Operate?

Request to share your experience & suggestions.

Many thanks.

Regards, Navneet Kumar
Location: Mumbai, India
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