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BRAP 2017 Implementation Guide - Department of Labour

BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

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Page 1: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

BRAP 2017 Implementation Guide - Department of Labour

Page 2: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

DOCUMENT CONTROL

DOCUMENT NAME: BRAP 2017 Implementation Guide – Labour Department

DOCUMENT ID REFERENCE: NA

AUTHORIZATION: NA

Prepared By Reviewed By Authorized By

Name: EoDB Team- Uttarakhand Name: Dr. Akhilesh Name: Nimit Patel

Designation: Advisor Designation: Director

SECURITY CLASSIFICATION: Restricted

Version History:

Version Effective Date Prepared By Authorized By Description

1.0 26th April 2017 EoDB Team- Uttarakhand

Nimit Patel NA

DISTRIBUTION LIST:

The following persons hold copies of the document; all amendments and updates to the document must be distributed to the Distribution List.

Sr. Name Location Document Type

1 Dehradun Hard copy & Soft copy

Errors and Omissions:

When reading this document if you identify any errors or omissions please advise the author in writing, in 15 calendar days, giving a brief description of the problem, its location within the document and your contact details.

Confidentiality:

This document contains privileged and confidential information pertaining to the Ease of Doing Business Engagement, Uttarakhand. The addressee should honor this access right by preventing intentional or accidental access outside the access scope.

Disclaimer:

The issues identified and proposed action plans, if any, in this report are based on the review of relevant documents / records and physical observation of the activities in the process. We made specific efforts to verify the accuracy and authenticity of the information gathered only in those cases where it was felt necessary.

Page 3: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

BRAP 2016 Achievements

Page 4: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

1 Uttarakhand’s Achievements – BRAP 2016

Recognised as a Leader state by DIPP in its assessment on Business Reforms Action Plan 2016 ( BRAP-2016)

96.13 % Compliance on parameters used for assessing under the EoDB framework

100 % Achievement under 8 out of 10 Reform Areas identified by DIPP

Number 1 amongst Hill States in India

Most Improved state in EoDB Rankings

1.1 Analysis of Rankings – Position – BRAP 2016

Important Initiatives undertaken by the State government under BRAP 2016 (among others):

Notification of business related services under

Uttarakhand Right to Services Act, 2011 and the

Uttarakhand Single Window Facilitation and

Clearance Act, 2012

Availability of comprehensive list of approvals

required for setting up / running business on

Single Window Portal, investuttarahand.com

Objective Criteria for land allotment to ensure

land parcels are allotted in a timely and

transparent manner

Unified building bye laws for all the regulations

governing the construction of buildings

Self-Certification for low risk & medium risk

buildings through the creation of computerised

risk based classification

Empanelled architects for speedy completion

certificate of all buildings

Single day registration for various taxes & Single

ID for various State taxes

Auto renewal of CTE & CTO for environmental

clearances

Instant self-certification, in case of exempted tree

categories under Tree Protection Act, 1976

Third party audit for industries in high and

medium risk category & Self- certification for low

risk industries

Single Integrated return for all labour laws & 10

Year Renewal for factories excluding hazardous

Third party certification for boilers &

Synchronized and joint inspection under 10

labour law

Knowledge bank for all investor queries including

approvals and NOCs required to be taken for

various sectors

Pre-Establishment / Pre-Operation Services of

major departments integrated with Single Window

System for Investor Facilitation – Labour,

Construction Permits, Environment Clearance,

Land Allotment, Electricity & Water Connection,

Forest Clearance, Fire NOC, Land Use Change,

Incentives, Public Consultation

Rank State Score (%) Last Year

Rank Last Year Score (%)

Category States

1 Andhra Pradesh 98.78% 2 70.12% Leaders

(90-100%)

Andhra Pradesh, Telangana, Gujarat, Chhattisgarh, Madhya Pradesh, Haryana, Jharkhand, Rajasthan, Uttarakhand, Maharashtra, Odisha, Punjab

1 Telangana 98.78% 13 42.45%

3 Gujarat 98.21% 1 71.14% Aspiring Leaders

(70-90%)

Karnataka, Uttar Pradesh, West Bengal, Bihar 4 Chhattisgarh 97.32% 4 62.45%

5 Madhya Pradesh 97.01% 5 62.00% Acceleration Required

(40-70%)

Himachal Pradesh, Tamil Nadu Delhi 6 Haryana 96.95% 16 40.66%

7 Jharkhand 96.57% 3 63.09%

Jump Start Needed

(0-40%)

Kerala, Goa, Tripura, Daman & Diu, Assam, Dadra & Nagar Haveli, Puducherry, Nagaland, Manipur, Mizoram, Sikkim, Arunachal Pradesh, Jammu & Kashmir, Chandigarh, Meghalaya, Andaman & Nicobar Islands, Lakshadweep.

8 Rajasthan 96.43% 6 61.04%

9 Uttarakhand 96.13% 23 13.36%

10 Maharashtra 92.86% 8 49.43%

Page 5: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

Stakeholder Consultation for inclusive decision

making, www.ukpublicconsultation.in for taking

feedback on policy matters

www.investuttarakhand.com has an online

grievance redressal system for investors which are

monitored at government level.

Inspection reforms (Labour Department,

Commercial Tax, UEPPCB, HD, Forest etc.) –

Inspection report to be submitted within 48 hours,

Same inspector will not inspect the establishment

twice & Random allocation of inspectors /

Allocation through jurisdiction

Clear timelines with tree felling permit being

issued in 30 days in case of non-exempted

categories of tree

Page 6: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

Feedback Loop

Approach Note - DIPP

Page 7: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

2 India: Country-wide B2G Feedback Loops on Business Regulation Reforms

2.1 An Approach Note

2.1.1 Background

1. In late 2014, the Department of Industrial Policy and Promotion (DIPP) prepared an ambitious action plan for implementing business regulatory reforms in all States and Union Territories (UTs). The Action Plan consisted of 98 specific reforms in a range of regulatory areas. The States and UTs were expected to implement these and report back on reforms implemented, including reforms that they may have introduced prior to the preparation of the Action Plan. They were also required to provide adequate justification for their reform claims. Following an exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation in the various jurisdictions, Assessment of the State Implementation of Business Reforms.

2. A powerful feature of this pioneering exercise was a ranking of States and UTs in terms of their reform record. This report, including the ranking, drew considerable attention and catalyzed healthy competition among the jurisdictions for carrying out further reforms and improving their score. The role played by the competitive urge is reflected in the fact that, in the one year following the publication of the report, more reforms have been carried out in the relatively lagging States than in the ones with the highest ranks, thus resulting in some convergence in the scores and changes in ranks. Meanwhile, DIPP expanded the number of reform actions to 340 and, in December 2015, issued a guidance note on these reforms, Business Reform Action Plan for States/UTs- Implementation Guide for States.

3. The validation of the reforms has so far been an intra-governmental exercise whereby DIPP checked the reform claims of the States and UTs based on evidence presented by them. This evidence is largely about reforms on paper and does not demonstrate whether reforms are being implemented well on the ground and being felt by the intended beneficiaries, i.e., the businesses. In order to address this gap, DIPP now intends to carry out a fairly comprehensive business-to- government (B2G) feedback exercise whereby data will be collected from businesses on the implementation quality of the reforms claimed by the States and UTs. This note lays out an approach and options for carrying out such an exercise.

4. The note has benefited from the useful deliberations at a November 23, 2016 meeting organized by DIPP with the participation of government officials, private sector representatives, think-tanks and donors. The meeting identified a number of issues to consider related to the design and deployment of B2G feedback exercises. The meeting also highlighted the need to be clear about the objectives of the exercise and suggested that the aim of the exercise should be to be close implementation gaps in specific reform areas as well as build a sustained accountability culture in government, based on regular feedback from stakeholders.

5. It is expected that the feedback exercise will be repeated every year. This will not only help assess if the overall quality of reform implementation is improving but also, for individual reform areas, whether corrective actions taken following an initial feedback survey has led to results. On the latter, individual States may decide to carry out feedback exercises on their own during the course of a year without waiting for the annual nation-wide exercise to assess the impact of corrective actions.

An approach for implementing the planned B2G feedback exercise

Coverage of the feedback exercises

6. Six surveys shall be carried out in each State and UT, each of which will cover one or more of the 12 regulatory areas included in the Business Reform Action Plan for States/UTs. Each survey shall have a minimum sample of 75 firms; however, in some cases the number of enterprises experiencing a particular regulatory interface in the jurisdiction may be small and thus an exception may need to be made to this general rule. There is likely to be little overlap in the samples for each of the surveys. This means that, at a minimum, 400-450 firms will be covered in each State, resulting in around 16,000 respondents country-wide.

Page 8: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

7. The example of tentative areas that may be covered by each survey are as follows:

Survey Survey topic (Tentative)

Nature of firm No. of reforms

covered (Tentative)

Survey 1 Labour Reforms A mix of new and existing firms 28

Survey 2 Registering Property Primarily new but may include some existing firms

22

Survey 3 Inspection A mix of new and existing firms 24

Survey 4 Single Window System New firms 35

Survey 5 Land Availability and Construction Permit

Primarily new but may include some existing firms

14

Survey 6 Environmental Registration

A mix of new and existing firms 34

Total 157

8. In each survey, it will be difficult to cover all the recommended reforms. However, that is not necessary for a couple of reasons: a) Since the feedback exercise will cover all jurisdictions (States and UTs) only reforms carried out by all States should be included for comparability purposes; and b) The core purpose of this year’s feedback exercise is not to produce a comprehensive assessment of implementation on the ground but to show that reforms on paper may not necessarily translate into reforms on the ground, and that B2G feedback loops are useful ways to obtain alerts on implementation gaps leading to corrective actions by the relevant government agencies. Thus, a selective approach may be taken in order to keep the exercise manageable yet powerful.

9. DIPP may select the reforms to be covered in each survey in consultation with the States and UTs. Once the final selection has been done, the list will be binding on all jurisdictions. A State or UT may include additional areas outside this core list if it has a particular interest in these. However, to maintain comparability, the feedback scores for such reforms will not count as part of the overall score for each State.

Questionnaires

10. The feedback questions will be fairly granular and either binary or multiple-choice. The bulk of the questions will be quantitative but some may be open-ended to allow comments and suggestions. Only the quantitative answers will feed into the scores. For each State, the scores will be aggregated over all the six surveys to yield an overall score for the State. The scores may be presented as a percentage with the gap between 100% and the actual score being a measure of the average implementation gap for that State. Such quantification will allow comparisons across jurisdictions as well as over time (in the latter case, care has to be taken to ensure that the comparisons are valid since it is likely that the coverage of the surveys will change each year).

11. The score for each reform may have equal weight in the aggregation. However, if there is a consensus that some reforms are more important than others, these may be given greater weight. If a separate survey is carried out asking businesses which areas are more important than others (e.g. a “pain-point” survey), it may be possible to assign weights based on this.

12. For each survey, DIPP may come up with a list of questions and each State/UT shall ask that common set of questions. Ideally, there should be no more than 20 questions per survey. Since very few firms are likely to be covered by more than one survey, this will be a manageable burden for the surveyed firms.

Page 9: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation
Page 10: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

Survey sampling

13. The survey samples should be fairly representative in terms of age, size, location, sector and gender of owner. The sampling sizes for each of these categories may be decided in consultation with experts who are familiar with the enterprise landscape of various States. One question to resolve is whether the composition of the samples in terms of the above features will be the same across the States for a particular survey or should it vary by States. The latter option may better capture the characteristics of each State’s enterprise sector but may make inter-State comparisons less robust.

14. One of the important first tasks is to identify the sampling frames for each of the broad regulatory areas. For each area, each State will identify the data source for locating the enterprises that have experienced the regulatory interface. For example, in the case of construction permits, it could be the list of architects who have helped clients go through that process. Private sector collective bodies may also be able to help develop such a list. Once the list is developed, a representative sample will be selected using an objective process.

Survey methods

15. There are two broad categories of feedback-gathering methods, i.e., paper-based survey vs. technology-enabled survey, each with their pros and cons. Moreover, there are several options that leverage technology, each with its advantages and disadvantages. The main advantages of the technology-based surveys are low cost, greater reach and automated and real-time analysis (the second advantage is especially true for telephone surveys and mobile-based surveys conducted through SMS or Interactive Voice Response systems, and less so for internet or smart-phone surveys since many small firm owners may not have easy access to these technologies). However, technology-based surveys often yield low response rates compared to face-to-face surveys. These considerations will have to be weighed in deciding the mode of feedback gathering.

16. There are open source tools which can be configured to support both surveys implemented by enumerators and fully online/mobile versions. The advantage of this approach would be twofold: (i) opportunity to collect more specific feedback on reform gaps; and (ii) the ability to fine tune the questionnaire through direct interaction with the respondents. Feedback from the enumerators on which questions the participants found difficult to respond to would help in clarifying the questionnaire for future iterations.

17. A particularly promising technology tool is the mobile-based Interactive Voice Response (IVR) approach whereby firms will receive a call with a pre-recorded voice message (preferably from an important person, such as the Chief Minister or an important minister) highlighting the importance of the survey and conveying the government’s commitment to take follow-up action based on the survey findings. The message will be followed by a small number of audio questions designed to get feedback on implementation quality. The responses are submitted using the keypad of the mobile phone and are processed immediately by the technology-enabled feedback platform and enter into a dashboard that will produce the summary statistics of interest. To ensure that only the target group will answer the feedback survey and to increase the likelihood of higher response rates, this method will require the collection of the phone numbers of the firms to be surveyed.

18. With such an approach, the surveys can be rolled out simultaneously for all six areas in all jurisdictions. However, since a communication campaign will be needed to build awareness of the feedback exercise and trigger adequate response, government may decide to stagger this exercise, with two surveys (covering two areas) rolled out every 2 weeks. All six surveys can then be completed in 6 weeks. If it takes 2 weeks to get an adequate response for each survey, then the entire feedback exercise can be completed in two months.

10. For the initial feedback exercise, it may be preferable to opt for telephone or face-to-face surveys, with

appropriate technology support. Given the relative complexity of the survey and the need to zero in on root causes of reform gaps this approach may yield more useful information. Follow up surveys could be done online or through mobile, perhaps at 12 month intervals. If this is done, 60-70% of the questions may remain the same to allow comparisons over time, with the new questions focusing on persistent implementation gaps or emerging issues.

Page 11: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

20. The surveys may be augmented with effective use of social media. Depending on the level of social media savviness, these channels could be utilized to promote participation in the survey, collect additional feedback to help explain survey results once they are published and promote advocacy by businesses to close the implementation gaps identified. If resources and mandate permit, approaches such as Indonesia’s Citizens’ Aspirations and Complaints Online System (LAPOR) may be used to collect feedback on specific reform implementation issues in lagging jurisdictions, using a case management system like Indonesia’s to direct this feedback to the appropriate authorities.

Use of the results

21. The feedback scores may be used to generate a ranking of States in terms of de facto reform implementation. It is quite possible that such a ranking will be different form the current ranking, which is a ranking of de jure reforms (or reforms on paper). Such a divergence will send a powerful message since it will show clearly that reforms on paper do not necessarily mean reforms on the ground and thus, a State which does well with de jure reforms may not do well with de facto reforms. The two rankings may be presented side-by-side. Alternatively, the current de jure ranking may be modified by combining it with the de facto ranking to produce an Implementation Quality- adjusted Reform (IQRI) Index. Such a composite index will reward States for both carrying out reforms on paper (which is important, especially at the early stages of a reform momentum) and for paying attention to implementation on the ground. The relative weights given to de jure and de facto reforms in calculating the composite index may change over time, shifting in favor of de facto reforms.

22. The ranking may help generate an implementation momentum whereby different jurisdictions compete to take corrective actions and reduce/close the implementation gap. A first step for the States and UTs will be to organize meetings with businesses in order to better understand the findings, discuss and agree on corrective actions, and signal the government’s commitment to taking such actions. A follow-up feedback exercise after a few months can validate if the corrective actions have improved the implementation quality.

23. Annex 1 contains examples of questions (related to some of the reform areas to be covered) that may be asked in the feedback exercise. Annex 2 describes the approach for constructing the Implementation Quality-Adjusted Reform Index.

Annex 1: (Few Sample Questions)

Online Single Window System

1 I know that an online single window facility exists as a sole

point of contact for setting up a business

No Yes NA

2 I have used the online single window facility for setting up

business

No Yes NA

3 I was able to obtain all my approvals through a single

window

No Yes NA

4 There was an online Common Application Form (CAF) for

all required clearances/approvals

No Yes NA

5 I was not required to submit any application form other

than CAF

No Yes NA

6 The Common Application Form

(CAF) was easy to use

1 2 3 4 5 NA

7 I was easily able to submit my

online application(s)

1 2 3 4 5 NA

8 I did not have to submit any

documents manually

1 2 3 4 5 NA

Page 12: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

Online Single Window System

9 I did not have to visit any

agency

to follow-up on my

application(s)

1 2 3

4 5 NA

10 I was easily able to obtain the

approval or registration

certificate online through the

portal

1 2 3 4 5 NA

Environmental Registration Enablers 1 I was able to auto-renew my Consent to Establish (under

Water Act, 1974 and Air Act, 1981) based on self- certification/third party certification

No Yes NA

2 I was able to auto-renew my Consent to Operate (under Water Act, 1974 and Air Act, 1981) based on self- certification/third party certification

No Yes NA

3 I was issued a Consent to Operate license that is valid for a minimum period of 5 years or more

No Yes NA

4 I was issued a Consent to Establish license that is valid for a minimum period of 5 years or more

No Yes NA

Annex 2: Construction of Indices

Indices will be constructed at the following levels.

• Implementation quality index for a reform area for a State

• Combined implementation quality index across all reform areas for a State (IQ index)

• Implementation quality adjusted reform index for a State (IQRI index)

The following sections explain how these indices may be constructed, with the help of a few hypothetical examples.

A. Implementation Quality Index for an individual reform area for a State

Consider the case of an Online Single Window reforms. Here are hypothetical answers from a respondent (the

tick marks show the answer). Here, for reference is the scoring criterion.

Strongly disagree 1 Disagree 2 Neither agree nor disagree

3

Agree 4 Strongly agree 5 Not applicable NA

Page 13: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

Online Single Window System 1 I know that an online single window facility exists as a sole

point of contact for setting up a business No Yes √ NA

2 I have used the online single window facility for setting up business

No Yes √ NA

3 I was able to obtain all my approvals through a single window

No √ Yes NA

4 There was an online Common Application Form (CAF) for all required clearances/approvals

No Yes √ NA

5 I was not required to submit any application form other than CAF

No √ Yes NA

6 The Common Application Form (CAF) was easy to use

1 2 3 4 5 √ NA

7 I was easily able to submit my online application(s)

1 2 3 4 √ 5 NA

8 I did not have to submit any documents manually

1 2 √ 3 4 5 NA

9 I did not have to visit any agency to follow-up on my application(s)

1 2 √ 3 4 5 NA

10 I was easily able to obtain the approval or registration certificate online through the portal

1 2 √ 3 4 5 NA

Note that for Yes/No answers, a Yes scores 1 and a No scores 0. For other Statements, the scores are self-evident. In this case, the maximum score possible is 30. For this respondent, the score is 18 out of 30, i.e., 0.60. If the respondent answers NA to one or more Statement, the number of Statements with a NA response will be taken out of the denominator. Thus, if 4 Statements had a NA response, the score will be out of 6 in this case. If we take the average score for all respondents in a State/UT, we shall get the Implementation Quality Index for this particular reform area (in this case Online Single Window) for this State/UT. We may call this IQij, i.e., implementation quality index for reform area “i” for State/UT “j”.

Please note that we have assumed equal weights for all the 10 Statements for this reform. Another option will be

to consider differing weights if some outcomes are considered more important than others.

B. Overall Implementation Quality Index for a State/UT

Here is a hypothetical example of the IQ scores across all areas for a State or UT. For illustrative purposes,

we have only listed areas for which we provided sample questions in Annex 1. However, the same principles will

hold true if other areas are added.

Reform Area Unweighted IQ score for the reform

area

Weights for different

reform areas

Weighted IQ score for the reform area

Single Window 0.80 1 0.8

Online Single Window System 0.80 1 0.8

Environmental Registration Enablers 0.50 0.5 0.25

Consent to Establish under Various Acts 0.40 1 0.4

Consent to Operate under Various Acts 0.55 0.5 0.275

Labour Registration Enablers 0.75 1 0.75

Page 14: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

Reform Area Unweighted IQ score for the reform

area

Weights for different

reform areas

Weighted IQ score for the reform area

Registration, Licensing and Approvals under Various Acts

0.60 1 0.6

License Renewals under Various Acts 0.40 0.5 0.2

Inspection Reform Enablers 0.45 0.5 0.225

Sector Focus 0.35 1 0.35

Registering Property 0.25 0.5 0.125

TOTAL 0.532 0.562

In this hypothetical example, the un-weighted Overall Implementation Quality (IQ) Index for this particular

jurisdiction (State or UT) is 0.532, where a score of 1 would be considered very high quality implementation.

When different weights were used for the different reform areas, the Overall Implementation Quality Score

was better because the jurisdiction happened to do well in some of the areas with higher weights, such as

single window clearance and labor registration enablers. In this example only two types of weights were used,

i.e., 1 and 0.5, but a wider range of weights can of course be used. It should also be noted the weights used here are

purely arbitrary for only for purposes of illustration.

C. Implementation Quality Adjusted Reform Index for a State

Once the Overall Implementation Quality (IQ) score is obtained for any jurisdiction, it may be multiplied

by the Reform Implementation Score currently given to the States and UTs to arrive at the Implementation

Quality Adjusted Reform Index for a State (IQRI). When this is done for all jurisdictions, an alternative

ranking will emerge, that provides a de facto, rather than only a de jure, picture of relative performance. Here

is a hypothetical example which shows how ranks may change once the quality of reform implementation is

taken into account.

UT De

jure

reform

score

IQ

score

IQRI

score

State

/ UT

De

jure

reform

score

IQ

score

IQRI

score

State/

UT

De jure

reform

score

IQ

score

IQRI

score

1 98.78 0.65 64.21 13 88.39 0.65 57.45 25 1.79 0.90 1.61

2 98.78 0.56 55.32 14 84.52 0.76 64.24 26 1.49 0.40 0.60

3 98.21 0.44 43.21 15 84.23 0.33 27.80 27 1.49 0.33 0.49

4 97.32 0.54 52.55 16 75.82 0.80 60.66 28 1.19 0.67 0.80

5 97.01 0.34 32.98 17 65.48 0.90 58.93 29 0.89 0.50 0.45

6 96.95 0.75 72.71 18 62.80 0.50 31.40 30 0.60 0.45 0.27

7 96.57 0.66 63.74 19 47.62 0.65 30.95 31 0.30 0.90 0.27

8 96.43 0.20 19.29 20 26.97 0.90 24.27 32 0.30 0.90 0.27

9 96.13 0.80 76.90 21 18.15 0.50 9.08 33 0.30 0.80 0.24

10 92.86 0.90 83.57 22 16.67 0.45 7.50 34 0.30 0.70 0.21

11 92.73 0.20 18.55 23 14.58 0.60 8.75 35 0.30 0.40 0.12

12 91.07 0.50 45.54 24 14.29 0.90 12.86 36 0.30 0.50 0.15

Page 15: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

As we can see in this hypothetical example, there is considerable difference in the IQRI Score for many

jurisdictions. In this hypothetical example, the top ranking State in de jure terms remains at top even after

the rank is adjusted for the quality of implementation. We also note that of the 10 top ranking jurisdictions,

eight suffer a decline in ranking (in some cases by a significant amount) once the de jure rank is adjusted

for implementation quality. Among the States/UTs that ranked between the 11-20 positions in the de

jure ranking several see an improvement in ranking. This suggests that, in our hypothetical example,

jurisdictions that were a bit behind the leading reformers (de jure) on average did better in terms of the

quality of implementation. De facto they recovered some ground compared to their de jure ranking.

This hypothetical example indicates the importance of assessing implementation quality. Such an

assessment, which gives a more accurate picture of what businesses are experiencing on the ground, may

show a different picture from a de jure ranking. As mentioned before, the IQRI index does incorporate

reforms on paper while also looking at implementation on the ground. Thus, States and UTs do get

credit for carrying out reforms on paper. In the early stages of a reform momentum, reforms on paper

are not unimportant.

Page 16: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

BRAP 2017 Recommendations

Page 17: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

3 BRAP 2017 Recommendations

3.1 Categorization of Recommendations as per Current Status

Category Definition

A+ Achieved points with Usage generated and documented

A Achieved points

B Achievable Points - Near completion ( Target Date 31st May )

C1 Achievable By Jul 31st

C2 Achievable by Aug 31st

C3 Achievable by few relevant Departments / Authorities

D Not applicable to Uttarakhand

E1 Work Started / To Start, but will not be able to complete in this evaluation

E2 Long term Objective

F Concrete Decision not taken

Page 18: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt. Category as on

15-05-2017 BRAP 2016

(Y/N/M) BRAP 2016

Point No.

1 Labour Regulation-

Enablers Labour Regulation-

Enablers Mandate online filing of single integrated return and applicable payments under all Labour Laws

LD 122 M 122

2 Labour Regulation-

Enablers Labour Regulation-

Enablers

Introduce a provision for self-certification /third party certification for boilers during use u/s 34(3) of the Boilers Act, 1923, by persons having requisite qualification and experience

LD 123 M 123

3 Labour Regulation-

Enablers Labour Regulation-

Enablers Introduce a provision for issuing Factory License and all subsequent renewals with validity of 10 years or more

LD 124 Y 124

4 Labour Regulation-

Enablers Labour Regulation-

Enablers

Eliminate the requirement of inspection prior to registration under the Shops and Establishment Act and ensure that the registration is granted within one day from the date of application

LD - N -

5 Labour Regulation-

Enablers

Registration and grant and renewal of

license under The Factories Act, 1948

Publish information about the procedure and comprehensive list of documents on the Department’s website

LD 125/160 Y 125/160

6 Labour Regulation-

Enablers

Registration and grant and renewal of

license under The Factories Act, 1948

Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

LD / GGD 126 M 126/161

7 Labour Regulation-

Enablers

Registration and grant and renewal of

license under The Factories Act, 1948

Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

LD 127/162 M 127/162

Page 19: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt. Category as on

15-05-2017 BRAP 2016

(Y/N/M) BRAP 2016

Point No.

8 Labour Regulation-

Enablers

Registration and grant and renewal of

license under The Factories Act, 1948

Ensure that the system allows user to download the final signed approval certificate from the online portal

LD 128/163 Y 128/163

9 Labour Regulation-

Enablers

Registration and grant and renewal of

license under The Factories Act, 1948

Allow third parties to easily verify the approval certificates in the public domain of at least past two years

LD 129/164 M 129/164

10 Labour Regulation-

Enablers

Approval of plan and permission to

construct/extend/or take into use any

building as a factory under the Factories

Act, 1948

Publish information about the procedure and comprehensive list of documents on the Department’s website

LD 130 Y 130

11 Labour Regulation-

Enablers

Approval of plan and permission to

construct / extend / or take into use any building as a factory under the Factories

Act, 1948

Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

LD / GGD 131 M 131

12 Labour Regulation-

Enablers

Approval of plan and permission to

construct/extend/or take into use any

building as a factory under the Factories

Act, 1948

Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

LD 132 M 132

Page 20: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt. Category as on

15-05-2017 BRAP 2016

(Y/N/M) BRAP 2016

Point No.

13 Labour Regulation-

Enablers

Approval of plan and permission to

construct/extend/or take into use any

building as a factory under the Factories

Act, 1948

Ensure that the system allows user to download the final signed approval certificate from the online portal

LD 133 Y 133

14 Labour Regulation-

Enablers

Approval of plan and permission to

construct/extend/or take into use any

building as a factory under the Factories

Act, 1948

Allow third parties to easily verify the approval certificates in the public domain of at least past two years

LD 134 M 134

15 Labour Regulation-

Enablers

Registration and Renewal of Boilers under The Boilers

Act, 1923

Publish information about the procedure and comprehensive list of documents on the Department’s website

LD 135/165 Y 135/165

16 Labour Regulation-

Enablers

Registration and Renewal of Boilers under The Boilers

Act, 1923

Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

LD / GGD 136 M 136/166

17 Labour Regulation-

Enablers

Registration and Renewal of Boilers under The Boilers

Act, 1923

Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

LD 137/167 M 137/167

18 Labour Regulation-

Enablers

Registration and Renewal of Boilers under The Boilers

Act, 1923

Ensure that the system allows user to download the final signed approval certificate from the online portal

LD 138/168 Y 138/168

19 Labour Regulation-

Enablers

Registration and Renewal of Boilers under The Boilers

Act, 1923

Allow third parties to easily verify the approval certificates in the public domain of at least past two years

LD 139/169 M 139/169

Page 21: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt. Category as on

15-05-2017 BRAP 2016

(Y/N/M) BRAP 2016

Point No.

20 Labour Regulation-

Enablers

Approval for Boiler manufacturer and renewal thereof

Publish information about the procedure and comprehensive list of documents on the Department’s website

LD - N -

21 Labour Regulation-

Enablers

Approval for Boiler manufacturer and renewal thereof

Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

LD / GGD - N -

22 Labour Regulation-

Enablers

Approval for Boiler manufacturer and renewal thereof

Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

LD - N -

23 Labour Regulation-

Enablers

Approval for Boiler manufacturer and renewal thereof

Ensure that the system allows user to download the final signed approval certificate from the online portal

LD - N -

24 Labour Regulation-

Enablers

Approval for Boiler manufacturer and renewal thereof

Allow third parties to easily verify the approval certificates in the public domain of at least past two years

LD - N -

25 Labour Regulation-

Enablers

Approval for Boiler erector and renewal

thereof

Publish information about the procedure and comprehensive list of documents on the Department’s website

LD - N -

26 Labour Regulation-

Enablers

Approval for Boiler erector and renewal

thereof

Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

LD / GGD - N -

27 Labour Regulation-

Enablers

Approval for Boiler erector and renewal

thereof

Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

LD - N -

28 Labour Regulation-

Enablers

Approval for Boiler erector and renewal

thereof

Ensure that the system allows user to download the final signed approval certificate from the online portal

LD - N -

Page 22: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt. Category as on

15-05-2017 BRAP 2016

(Y/N/M) BRAP 2016

Point No.

29 Labour Regulation-

Enablers

Approval for Boiler erector and renewal

thereof

Allow third parties to easily verify the approval certificates in the public domain of at least past two years

LD - N -

30 Labour Regulation-

Enablers

License and renewal of license for

contractors under provision of The

Contracts Labour (Regulation and

Abolition) Act, 1970

Publish information about the procedure and comprehensive list of documents on the Department’s website

LD 140/170 Y 140/170

31 Labour Regulation-

Enablers

License and renewal of license for

contractors under provision of The

Contracts Labour (Regulation and

Abolition) Act, 1970

Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

LD / GGD 141/171 M 141/171

32 Labour Regulation-

Enablers

License and renewal of license for

contractors under provision of The

Contracts Labour (Regulation and

Abolition) Act, 1970

Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

LD 142/172 M 142/172

33 Labour Regulation-

Enablers

License and renewal of license for

contractors under provision of The

Contracts Labour (Regulation and

Abolition) Act, 1970

Ensure that the system allows user to download the final signed approval certificate from the online portal

LD 143/173 Y 143/173

Page 23: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt. Category as on

15-05-2017 BRAP 2016

(Y/N/M) BRAP 2016

Point No.

34 Labour Regulation-

Enablers

License and renewal of license for

contractors under provision of The

Contracts Labour (Regulation and

Abolition) Act, 1970

Allow third parties to easily verify the approval certificates in the public domain of at least past two years

LD 144/174 M 144/174

35 Labour Regulation-

Enablers

Registration and renewal under The

Shops and Establishment Act

Publish information about the procedure and comprehensive list of documents on the Department’s website

LD 145/175 Y 145/175

36 Labour Regulation-

Enablers

Registration and renewal under The

Shops and Establishment Act

Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

LD / GGD 146/176 M 146/176

37 Labour Regulation-

Enablers

Registration and renewal under The

Shops and Establishment Act

Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

LD 147/177 M 147/177

38 Labour Regulation-

Enablers

Registration and renewal under The

Shops and Establishment Act

Ensure that the system allows user to download the final signed approval certificate from the online portal

LD 148/178 Y 148/178

39 Labour Regulation-

Enablers

Registration and renewal under The

Shops and Establishment Act

Allow third parties to easily verify the approval certificates in the public domain of at least past two years

LD 149 M 149

Page 24: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt. Category as on

15-05-2017 BRAP 2016

(Y/N/M) BRAP 2016

Point No.

40 Labour Regulation-

Enablers

Registration of principal employer's establishment under

provision of The Contracts Labour (Regulation and

Abolition) Act, 1970

Publish information about the procedure and comprehensive list of documents on the Department’s website

LD 150 Y 150

41 Labour Regulation-

Enablers

Registration of principal employer's establishment under

provision of The Contracts Labour (Regulation and

Abolition) Act, 1970

Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

LD / GGD 151 M 151

42 Labour Regulation-

Enablers

Registration of principal employer's establishment under

provision of The Contracts Labour (Regulation and

Abolition) Act, 1970

Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

LD 152 M 152

43 Labour Regulation-

Enablers

Registration of principal employer's establishment under

provision of The Contracts Labour (Regulation and

Abolition) Act, 1970

Ensure that the system allows user to download the final signed approval certificate from the online portal

LD 153 Y 153

44 Labour Regulation-

Enablers

Registration of principal employer's establishment under

provision of The Contracts Labour (Regulation and

Abolition) Act, 1970

Allow third parties to easily verify the approval certificates in the public domain of at least past two years

LD 154 M 154

Page 25: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt. Category as on

15-05-2017 BRAP 2016

(Y/N/M) BRAP 2016

Point No.

45 Labour Regulation-

Enablers

Registration under The Building and

Other Construction Workers (Regulation of Employment and

Conditions of Service) Act, 1996

Publish information about the procedure and comprehensive list of documents on the Department’s website

LD 155 Y 155

46 Labour Regulation-

Enablers

Registration under The Building and

Other Construction Workers (Regulation of Employment and

Conditions of Service) Act, 1996

Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

LD / GGD 156 M 156

47 Labour Regulation-

Enablers

Registration under The Building and

Other Construction Workers (Regulation of Employment and

Conditions of Service) Act, 1996

Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

LD 157 M 157

48 Labour Regulation-

Enablers

Registration under The Building and

Other Construction Workers (Regulation of Employment and

Conditions of Service) Act, 1996

Ensure that the system allows user to download the final signed approval certificate from the online portal

LD 158 Y 158

49 Labour Regulation-

Enablers

Registration under The Building and

Other Construction Workers (Regulation of Employment and

Conditions of Service) Act, 1996

Allow third parties to easily verify the approval certificates in the public domain of at least past two years

LD 159 M 159

Page 26: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt. Category as on

15-05-2017 BRAP 2016

(Y/N/M) BRAP 2016

Point No.

50 Labour Regulation-

Enablers

Registration of establishment under

the Inter State Migrant Workmen (RE&CS) Act,1979

Publish information about the procedure and comprehensive list of documents on the Department’s website

LD - N -

51 Labour Regulation-

Enablers

Registration of establishment under

the Inter State Migrant Workmen (RE&CS) Act,1979

Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

LD / GGD - N -

52 Labour Regulation-

Enablers

Registration of establishment under

the Inter State Migrant Workmen (RE&CS) Act,1979

Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

LD - N -

53 Labour Regulation-

Enablers

Registration of establishment under

the Inter State Migrant Workmen (RE&CS) Act,1979

Ensure that the system allows user to download the final signed approval certificate from the online portal

LD - N -

54 Labour Regulation-

Enablers

Registration of establishment under

the Inter State Migrant Workmen (RE&CS) Act,1979

Allow third parties to easily verify the approval certificates in the public domain of at least past two years

LD - N -

86 Inspection Enablers Inspection reform

enablers Institutionalize a Central Inspection System responsible for undertaking compliance inspections of the departments concerned

LD / UEPPCB /

SWCS

- N -

87 Inspection Enablers Inspection reform

enablers Design and develop an online inspection system for scheduling of inspections

LD / UEPPCB /

SWCS

- N -

Page 27: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt. Category as on

15-05-2017 BRAP 2016

(Y/N/M) BRAP 2016

Point No.

88 Inspection Enablers Inspection reform

enablers

Ensure that the selection of establishments for inspection is done using computerized risk assessment and allocation of inspectors is undertaken under the Central Inspection System

LD / UEPPCB /

SWCS

- N -

89 Inspection Enablers Inspection reform

enablers

Differentiate compliance inspection requirements based on risk profile (such as High, Medium and Low risk) of industries under all the labour laws

LD 242 Y 242

90 Inspection Enablers Inspection reform

enablers

Exempt low risk industries with a history of satisfactory compliance from labour compliance inspections, or allow self-certification in lieu of conducting physical inspections under all the Labour laws

LD 243 Y 243

91 Inspection Enablers Inspection reform

enablers

Mandate synchronized/joint- inspection under all of the following acts:I. Inspection under The Equal Remuneration Act, 1976II. Inspection under The Factories Act, 1948III. Inspection under The Maternity Benefit Act, 1961IV. Inspection under The Minimum Wages Act, 1948V. Inspection under The Shops and Establishments Act (as applicable)VI. Inspection under The Labour Welfare Fund Act (as applicable)VII. Inspection under The Payment of Bonus Act, 1965VIII. Inspection under The Payment of Wages Act, 1936IX. Inspection under The Payment of Gratuity Act, 1972X. Inspection under The Contract Labour (Regulation and Abolition) Act, 1970

LD 247 M 247

93 Inspection Enablers Inspection reform

enablers

Allow third party certifications instead of Departmental inspections under all the labour and environment / pollution laws for medium risk industries

LD / UEPPCB

246 Y 246

116 Inspection Enablers

Compliance Inspection under The Equal Remuneration

Act, 1976

Publish a well-defined inspection procedure and checklist on department’s website

LD 268 Y 268

117 Inspection Enablers

Compliance Inspection under The Equal Remuneration

Act, 1976

Design and implement a system for identifying establishments that need to be inspected based on computerized risk assessment

LD 269 Y 269

Page 28: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt. Category as on

15-05-2017 BRAP 2016

(Y/N/M) BRAP 2016

Point No.

118 Inspection Enablers

Compliance Inspection under The Equal Remuneration

Act, 1976

Mandate online submission of inspection report within 24 hours to the Department

LD 270 M 270

119 Inspection Enablers

Compliance Inspection under The Equal Remuneration

Act, 1976

Allow establishments to view and download submitted inspection reports of at least past two years

LD 271 M 271

120 Inspection Enablers

Compliance Inspection under The Equal Remuneration

Act, 1976

Design and implement a system for computerized allocation of inspectors

LD 272 Y 272

121 Inspection Enablers

Compliance Inspection under The Equal Remuneration

Act, 1976

Mandate that the same inspector will not inspect the same establishment twice consecutively

LD 273 Y 273

122 Inspection Enablers Compliance

Inspection under The Factories Act, 1948

Publish a well-defined inspection procedure and checklist on department’s website

LD 274 Y 274

123 Inspection Enablers Compliance

Inspection under The Factories Act, 1948

Design and implement a system for identifying establishments that need to be inspected based on computerized risk assessment

LD 275 Y 275

124 Inspection Enablers Compliance

Inspection under The Factories Act, 1948

Mandate online submission of inspection report within 24 hours to the Department

LD 276 M 276

125 Inspection Enablers Compliance

Inspection under The Factories Act, 1948

Allow establishments to view and download submitted inspection reports of at least past two years

LD 277 M 277

Page 29: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt. Category as on

15-05-2017 BRAP 2016

(Y/N/M) BRAP 2016

Point No.

126 Inspection Enablers Compliance

Inspection under The Factories Act, 1948

Design and implement a system for computerized allocation of inspectors

LD 278 Y 278

127 Inspection Enablers Compliance

Inspection under The Factories Act, 1948

Mandate that the same inspector will not inspect the same establishment twice consecutively

LD 279 Y 279

128 Inspection Enablers

Compliance Inspection under The Minimum Wages Act,

1948

Publish a well-defined inspection procedure and checklist on department’s website

LD 280 Y 280

129 Inspection Enablers

Compliance Inspection under The Minimum Wages Act,

1948

Design and implement a system for identifying establishments that need to be inspected based on computerized risk assessment

LD 281 Y 281

130 Inspection Enablers

Compliance Inspection under The Minimum Wages Act,

1948

Mandate online submission of inspection report within 24 hours to the Department

LD 282 M 282

131 Inspection Enablers

Compliance Inspection under The Minimum Wages Act,

1948

Allow establishments to view and download submitted inspection reports of at least past two years

LD 283 M 283

132 Inspection Enablers

Compliance Inspection under The Minimum Wages Act,

1948

Design and implement a system for computerized allocation of inspectors

LD 284 Y 284

133 Inspection Enablers

Compliance Inspection under The Minimum Wages Act,

1948

Mandate that the same inspector will not inspect the same establishment twice consecutively

LD 285 Y 285

134 Inspection Enablers

Compliance Inspection under The

Shops and Establishments Act

(as applicable)

Publish a well-defined inspection procedure and checklist on department’s website

LD 286 Y 286

Page 30: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt. Category as on

15-05-2017 BRAP 2016

(Y/N/M) BRAP 2016

Point No.

135 Inspection Enablers

Compliance Inspection under The

Shops and Establishments Act

(as applicable)

Design and implement a system for identifying establishments that need to be inspected based on computerized risk assessment

LD 287 Y 287

136 Inspection Enablers

Compliance Inspection under The

Shops and Establishments Act

(as applicable)

Mandate online submission of inspection report within 24 hours to the Department

LD 288 M 288

137 Inspection Enablers

Compliance Inspection under The

Shops and Establishments Act

(as applicable)

Allow establishments to view and download submitted inspection reports of at least past two years

LD 289 M 289

138 Inspection Enablers

Compliance Inspection under The

Shops and Establishments Act

(as applicable)

Design and implement a system for computerized allocation of inspectors

LD 290 Y 290

139 Inspection Enablers

Compliance Inspection under The

Shops and Establishments Act

(as applicable)

Mandate that the same inspector will not inspect the same establishment twice consecutively

LD 291 Y 291

140 Inspection Enablers

Compliance Inspection under The

Payment of Bonus Act, 1965

Publish a well-defined inspection procedure and checklist on department’s website

LD 292 Y 292

141 Inspection Enablers

Compliance Inspection under The

Payment of Bonus Act, 1965

Design and implement a system for identifying establishments that need to be inspected based on computerized risk assessment

LD 293 Y 293

142 Inspection Enablers

Compliance Inspection under The

Payment of Bonus Act, 1965

Mandate online submission of inspection report within 24 hours to the Department

LD 294 M 294

Page 31: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt. Category as on

15-05-2017 BRAP 2016

(Y/N/M) BRAP 2016

Point No.

143 Inspection Enablers

Compliance Inspection under The

Payment of Bonus Act, 1965

Allow establishments to view and download submitted inspection reports of at least past two years

LD 295 M 295

144 Inspection Enablers

Compliance Inspection under The

Payment of Bonus Act, 1965

Design and implement a system for computerized allocation of inspectors

LD 296 Y 296

145 Inspection Enablers

Compliance Inspection under The

Payment of Bonus Act, 1965

Mandate that the same inspector will not inspect the same establishment twice consecutively

LD 297 Y 297

146 Inspection Enablers

Compliance Inspection under The

Payment of Wages Act, 1936

Publish a well-defined inspection procedure and checklist on department’s website

LD 298 Y 298

147 Inspection Enablers

Compliance Inspection under The

Payment of Wages Act, 1936

Design and implement a system for identifying establishments that need to be inspected based on computerized risk assessment

LD 299 Y 299

148 Inspection Enablers

Compliance Inspection under The

Payment of Wages Act, 1936

Mandate online submission of inspection report within 24 hours to the Department

LD 300 M 300

149 Inspection Enablers

Compliance Inspection under The

Payment of Wages Act, 1936

Allow establishments to view and download submitted inspection reports of at least past two years

LD 301 M 301

150 Inspection Enablers

Compliance Inspection under The

Payment of Wages Act, 1936

Design and implement a system for computerized allocation of inspectors

LD 302 Y 302

151 Inspection Enablers

Compliance Inspection under The

Payment of Wages Act, 1936

Mandate that the same inspector will not inspect the same establishment twice consecutively

LD 303 Y 303

Page 32: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt. Category as on

15-05-2017 BRAP 2016

(Y/N/M) BRAP 2016

Point No.

152 Inspection Enablers

Compliance Inspection under The Payment of Gratuity

Act, 1972

Publish a well-defined inspection procedure and checklist on department’s website

LD 304 Y 304

153 Inspection Enablers

Compliance Inspection under The Payment of Gratuity

Act, 1972

Design and implement a system for identifying establishments that need to be inspected based on computerized risk assessment

LD 305 Y 305

154 Inspection Enablers

Compliance Inspection under The Payment of Gratuity

Act, 1972

Mandate online submission of inspection report within 24 hours to the Department

LD 306 M 306

155 Inspection Enablers

Compliance Inspection under The Payment of Gratuity

Act, 1972

Allow establishments to view and download submitted inspection reports of at least past two years

LD 307 M 307

156 Inspection Enablers

Compliance Inspection under The Payment of Gratuity

Act, 1972

Design and implement a system for computerized allocation of inspectors

LD 308 Y 308

157 Inspection Enablers

Compliance Inspection under The Payment of Gratuity

Act, 1972

Mandate that the same inspector will not inspect the same establishment twice consecutively

LD 309 Y 309

158 Inspection Enablers

Compliance Inspection under The

Contract Labour (Regulation and

Abolition) Act, 1970

Publish a well-defined inspection procedure and checklist on department’s website

LD 310 Y 310

159 Inspection Enablers

Compliance Inspection under The

Contract Labour (Regulation and

Abolition) Act, 1970

Design and implement a system for identifying establishments that need to be inspected based on computerized risk assessment

LD 311 Y 311

Page 33: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt. Category as on

15-05-2017 BRAP 2016

(Y/N/M) BRAP 2016

Point No.

160 Inspection Enablers

Compliance Inspection under The

Contract Labour (Regulation and

Abolition) Act, 1970

Mandate online submission of inspection report within 24 hours to the Department

LD 312 M 312

161 Inspection Enablers

Compliance Inspection under The

Contract Labour (Regulation and

Abolition) Act, 1970

Allow establishments to view and download submitted inspection reports of at least past two years

LD 313 M 313

162 Inspection Enablers

Compliance Inspection under The

Contract Labour (Regulation and

Abolition) Act, 1970

Design and implement a system for computerized allocation of inspectors

LD 314 Y 314

163 Inspection Enablers

Compliance Inspection under The

Contract Labour (Regulation and

Abolition) Act, 1970

Mandate that the same inspector will not inspect the same establishment twice consecutively

LD 315 Y 315

180 Single Window

System Online Single Window

System

Design and implement an online single window system with functionality for online application submission, payment and approvals and mandate that all applications are submitted online

All Departments

/ SWCS

22 M 22

181 Single Window

System Online Single Window

System

Implement a standardized online Common Application Form (CAF) combining applications of all services wherein common information such as applicant’s name, project details, address etc. and common documents are required to be provided only once through single window system

All Departments

/ SWCS

21 M 21

Page 34: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt. Category as on

15-05-2017 BRAP 2016

(Y/N/M) BRAP 2016

Point No.

182 Single Window

System Online Single Window

System

Ensure ‘Registration under The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996’ is provided as a service through the online single window system facilitating the online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

LD / SWCS - N -

183 Single Window

System Online Single Window

System

Ensure ‘Registration certificate of Establishment Inter State Migrant Workmen(RE&CS)Act,1979 (License of Contractor Establishment)’ is provided as a service through the online single window system facilitating the online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

LD / SWCS - N -

188 Single Window

System Online Single Window

System

Ensure ‘Registration under Shops and Establishments Act’ is provided as a service through the online single window system facilitating online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

LD / SWCS 27 Y 27

189 Single Window

System Online Single Window

System

Ensure ‘Permission for engaging contractor for labour’ is provided as a service through the online single window system facilitating online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

LD / SWCS 28 Y 28

190 Single Window

System Online Single Window

System

Ensure 'Factories license’ is provided as a service through the online single window system facilitating online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

LD / SWCS 29 Y 29

191 Single Window

System Online Single Window

System

Ensure ‘Factory building plan approval’ (under the Factories Act, 1948) is provided as a service through the online single window system facilitating online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

LD / SWCS 30 Y 30

192 Single Window

System Online Single Window

System

Ensure ‘Registration under Boiler Act’ is provided as a service through the online single window system facilitating online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

LD / SWCS 31 Y 31

Page 35: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt. Category as on

15-05-2017 BRAP 2016

(Y/N/M) BRAP 2016

Point No.

197 Single Window

System Online Single Window

System

Ensure renewal under ‘Shops and Establishments Act’ is provided as a service through the online single window system facilitating online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

LD / SWCS 36 Y 36

198 Single Window

System Online Single Window

System

Ensure renewal under 'Factories license’ is provided as a service through the online single window system facilitating online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

LD / SWCS 37 Y 37

199 Single Window

System Online Single Window

System

Ensure renewal under ‘Registration under Boiler Act’ is provided as a service through the online single window system facilitating online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

LD / SWCS 38 Y 38

202 Single Window

System Online Single Window

System

Publish information on the procedure, timelines and a comprehensive list of documents that are required to be submitted for applying for various incentives in the state

All Departments

/ SWCS

- N -

203 Single Window

System Online Single Window

System

Ensure that incentives of all applicable industrial/sectoral policies are applied through a common form without the physical touch points

All Departments

/ SWCS

- N -

206 Single Window

System Online Single Window

System

Ensure that incentives under Industrial/Sectoral Policy are provided as a service through the online single window system (for intent letter, sanction and disbursement) facilitating online application submission and tracking of status and approvals

All Departments

/ SWCS

26 M 26

230 Construction

Permit Enablers Building Plan

Approval

Mandate that a single, joint site inspection will be carried out by all concerned authorities such as Fire, Sewerage, Electricity, Labour (such as Factory license), Water Department and internal departments responsible for granting construction permits in urban areas and IDCs

UD / HD / SIDA / TCP / FIRE / UPCL / PTCUL / LD / UJS / SIIDCUL / IRRI / FD /

CGWA / PWD / EI

66 M 66

Page 36: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt. Category as on

15-05-2017 BRAP 2016

(Y/N/M) BRAP 2016

Point No.

231 Construction

Permit Enablers Building Plan

Approval

Design and develop an online single window system for granting construction permits with following functionalities:i. A common integrated application for all internal and external agencies required to provide applicable NOCs/Approvals such as Fire Services, Water body, Discoms, AAI, NMA, Forest, labour, Factory Directorate etc.ii. Provision for making an online application with integrated payment without the need for a physical touch point for document submission and verificationiii. The system should allow auto scrutiny of building plans from compliance perspective according to the uniform building codes/building by-law using Auto DCR (or similar) softwareiv. Ensure that the system issues digitally signed approved building plan within 30 days from the date of applicationv. Provision for e-intimation to authorities of plinth level completionvi. Provision for online issuance of certificate of inspectionsvii. Provision for online common completion request form cum Occupancy Certificate Application with online paymentviii. Provision for online issuance of digitally signed occupancy cum completion certificate to the applicant

UD / HD / SIDA / TCP /

UPCL / PTCUL / AAI / UJS / LD / IRRI / FIRE / NMA / FD / SIIDCUL /

CGWA / PWD / NHAI / EI

65/78/79 M 65/78/79

352

Access to Information and Transparency

Enablers

Access to Information and Transparency

Enablers

Develop and make publicly available a comprehensive checklist, applicable procedure and timeline of all required pre-establishment No Objection Certificates (NOCs), licenses, registrations and other mandatory State approvals required for setting up of a business

All Departments

/ SWCS

1 M 1

353

Access to Information and Transparency

Enablers

Access to Information and Transparency

Enablers

Develop and make publicly available a comprehensive checklist, applicable procedure and timeline of all required pre-operation No Objection Certificates (NOCs), licenses, registrations and other mandatory State approvals required for starting business operations

All Departments

/ SWCS

2 M 2

354

Access to Information and Transparency

Enablers

Access to Information and Transparency

Enablers

Develop an online information wizard (one portal / functionality covering all categories / types of industries / businesses) to provide accurate information regarding all approvals (No Objection Certificates (NOCs), licenses, registrations and other mandatory approvals, timelines, procedure) applicable to establish a business/industrial unit (pre- establishment)

All Departments

/ SWCS

3 M 3

Page 37: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt. Category as on

15-05-2017 BRAP 2016

(Y/N/M) BRAP 2016

Point No.

355

Access to Information and Transparency

Enablers

Access to Information and Transparency

Enablers

Develop an online information wizard (one portal / functionality covering all categories / types of industries / businesses) to provide accurate information regarding all approvals (No Objection Certificates (NOCs), licenses, registrations and other mandatory approvals, timelines, procedure) applicable to establish a business/industrial unit (pre operation)

All Departments

/ SWCS

4 M 4

363

Access to Information and Transparency

Enablers

Access to Information and Transparency

Enablers

Develop an online system available in public to publish real time status of applications submitted to the departments concerned for obtaining clearances

All Departments

/ SWCS

- N -

364

Access to Information and Transparency

Enablers

Access to Information and Transparency

Enablers

Ensure that online system sends automated SMS/e-mail notification to respective Head of the Department with status information on the applications in which clearances are likely to breach the prescribed timelines (e.g. when 90% of prescribed time limit is passed and clearance is still not given to applicant)

All Departments

/ SWCS

- N -

366

Access to Information and Transparency

Enablers

Access to Information and Transparency

Enablers

Mandate and make arrangements to publish draft business regulation online and invite public comments/ feedback on the same prior to enactment

All Departments

12 Y 12

367

Access to Information and Transparency

Enablers

Access to Information and Transparency

Enablers

Mandate and make arrangements to publish the comments / feedback received online on the draft business regulation and how they are addressed in the final regulation

All Departments

13 Y 13

368

Access to Information and Transparency

Enablers

Access to Information and Transparency

Enablers

Develop an online database for existing industrial clusters in the State with the type of industries, infrastructure available, common facilities etc.

DOI / SIIDCUL / LD

/ SWCS

- N -

Page 38: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

BRAP 2017 New Recommendations

Page 39: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

4 BRAP – 2017 New Recommendations

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt.

4 Labour Regulation-

Enablers Labour Regulation-Enablers

Eliminate the requirement of inspection prior to registration under the Shops and Establishment Act and ensure that the registration is granted within one day from the date of application

LD

20 Labour Regulation-

Enablers Approval for Boiler manufacturer and renewal

thereof Publish information about the procedure and comprehensive list of documents on the Department’s website

LD

21 Labour Regulation-

Enablers Approval for Boiler manufacturer and renewal

thereof

Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

LD / GGD

22 Labour Regulation-

Enablers Approval for Boiler manufacturer and renewal

thereof

Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

LD

23 Labour Regulation-

Enablers Approval for Boiler manufacturer and renewal

thereof Ensure that the system allows user to download the final signed approval certificate from the online portal

LD

24 Labour Regulation-

Enablers Approval for Boiler manufacturer and renewal

thereof Allow third parties to easily verify the approval certificates in the public domain of at least past two years

LD

25 Labour Regulation-

Enablers Approval for Boiler erector and renewal thereof

Publish information about the procedure and comprehensive list of documents on the Department’s website

LD

26 Labour Regulation-

Enablers Approval for Boiler erector and renewal thereof

Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

LD / GGD

27 Labour Regulation-

Enablers Approval for Boiler erector and renewal thereof

Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

LD

Page 40: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt.

28 Labour Regulation-

Enablers Approval for Boiler erector and renewal thereof

Ensure that the system allows user to download the final signed approval certificate from the online portal

LD

29 Labour Regulation-

Enablers Approval for Boiler erector and renewal thereof

Allow third parties to easily verify the approval certificates in the public domain of at least past two years

LD

50 Labour Regulation-

Enablers Registration of establishment under the Inter State

Migrant Workmen (RE&CS) Act,1979 Publish information about the procedure and comprehensive list of documents on the Department’s website

LD

51 Labour Regulation-

Enablers Registration of establishment under the Inter State

Migrant Workmen (RE&CS) Act,1979

Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

LD / GGD

52 Labour Regulation-

Enablers Registration of establishment under the Inter State

Migrant Workmen (RE&CS) Act,1979

Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

LD

53 Labour Regulation-

Enablers Registration of establishment under the Inter State

Migrant Workmen (RE&CS) Act,1979 Ensure that the system allows user to download the final signed approval certificate from the online portal

LD

54 Labour Regulation-

Enablers Registration of establishment under the Inter State

Migrant Workmen (RE&CS) Act,1979 Allow third parties to easily verify the approval certificates in the public domain of at least past two years

LD

86 Inspection Enablers Inspection reform enablers Institutionalize a Central Inspection System responsible for undertaking compliance inspections of the departments concerned

LD / UEPPCB / SWCS

87 Inspection Enablers Inspection reform enablers Design and develop an online inspection system for scheduling of inspections

LD / UEPPCB / SWCS

Page 41: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK - Deptt.

88 Inspection Enablers Inspection reform enablers Ensure that the selection of establishments for inspection is done using computerized risk assessment and allocation of inspectors is undertaken under the Central Inspection System

LD / UEPPCB / SWCS

182 Single Window System Online Single Window System

Ensure ‘Registration under The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996’ is provided as a service through the online single window system facilitating the online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

LD / SWCS

183 Single Window System Online Single Window System

Ensure ‘Registration certificate of Establishment Inter State Migrant Workmen(RE&CS)Act,1979 (License of Contractor Establishment)’ is provided as a service through the online single window system facilitating the online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

LD / SWCS

202 Single Window System Online Single Window System Publish information on the procedure, timelines and a comprehensive list of documents that are required to be submitted for applying for various incentives in the state

All Departments /

SWCS

203 Single Window System Online Single Window System Ensure that incentives of all applicable industrial/sectoral policies are applied through a common form without the physical touch points

All Departments /

SWCS

363 Access to Information and

Transparency Enablers Access to Information and Transparency Enablers

Develop an online system available in public to publish real time status of applications submitted to the departments concerned for obtaining clearances

All Departments /

SWCS

364 Access to Information and

Transparency Enablers Access to Information and Transparency Enablers

Ensure that online system sends automated SMS/e-mail notification to respective Head of the Department with status information on the applications in which clearances are likely to breach the prescribed timelines (e.g. when 90% of prescribed time limit is passed and clearance is still not given to applicant)

All Departments /

SWCS

368 Access to Information and

Transparency Enablers Access to Information and Transparency Enablers

Develop an online database for existing industrial clusters in the State with the type of industries, infrastructure available, common facilities etc.

DOI / SIIDCUL / LD / SWCS

Page 42: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

BRAP 2017 Modified Recommendations

Page 43: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

5 BRAP – 2017 Modified Recommendations

DIPP S. No.

Area Sub - Area Recommendation UK -

Deptt. BRAP 2016

Point No. BRAP 2016 -

Recommendation Point

1 Labour

Regulation-Enablers

Labour Regulation-Enablers

Mandate online filing of single integrated return and applicable payments under all Labour Laws

LD 122 Mandate the submission of a single integrated return under all Labour Laws

2 Labour

Regulation-Enablers

Labour Regulation-Enablers

Introduce a provision for self-certification /third party certification for boilers during use u/s 34(3) of the Boilers Act, 1923, by persons having requisite qualification and experience

LD 123 Introduce a provision for self-certification/third party certification of boilers

6 Labour

Regulation-Enablers

Registration and grant and renewal of license under The Factories

Act, 1948

Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

LD / GGD 126/161 Define clear timelines mandated through legislation for approval of complete application

7 Labour

Regulation-Enablers

Registration and grant and renewal of license under The Factories

Act, 1948

Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

LD 127/162

Design and implement a system that allows online application, payment, tracking and monitoring without the need for a physical touch point for document submission and verification

9 Labour

Regulation-Enablers

Registration and grant and renewal of license under The Factories

Act, 1948

Allow third parties to easily verify the approval certificates in the public domain of at least past two years

LD 129/164 Allow third parties to easily verify approval certificates in the public domain

11 Labour

Regulation-Enablers

Approval of plan and permission to construct / extend / or take into use any building as a

factory under the Factories Act, 1948

Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

LD / GGD 131 Define clear timelines mandated through legislation for approval of complete application

12 Labour

Regulation-Enablers

Approval of plan and permission to

construct/extend/or take into use any

building as a factory under the Factories Act,

1948

Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

LD 132

Design and implement a system that allows online application, payment, tracking and monitoring without the need for a physical touch point for document submission and verification

Page 44: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK -

Deptt. BRAP 2016

Point No. BRAP 2016 -

Recommendation Point

14 Labour

Regulation-Enablers

Approval of plan and permission to

construct/extend/or take into use any

building as a factory under the Factories Act,

1948

Allow third parties to easily verify the approval certificates in the public domain of at least past two years

LD 134 Allow third parties to easily verify approval certificates in the public domain

16 Labour

Regulation-Enablers

Registration and Renewal of Boilers

under The Boilers Act, 1923

Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

LD / GGD 136/166 Define clear timelines mandated through legislation for approval of complete application

17 Labour

Regulation-Enablers

Registration and Renewal of Boilers

under The Boilers Act, 1923

Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

LD 137/167

Design and implement a system that allows online application, payment, tracking and monitoring without the need for a physical touch point for document submission and verification

19 Labour

Regulation-Enablers

Registration and Renewal of Boilers

under The Boilers Act, 1923

Allow third parties to easily verify the approval certificates in the public domain of at least past two years

LD 139/169 Allow third parties to easily verify approval certificates in the public domain

31 Labour

Regulation-Enablers

License and renewal of license for contractors under provision of The

Contracts Labour (Regulation and

Abolition) Act, 1970

Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

LD / GGD 141/171 Define clear timelines mandated through legislation for approval of complete application

32 Labour

Regulation-Enablers

License and renewal of license for contractors under provision of The

Contracts Labour (Regulation and

Abolition) Act, 1970

Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

LD 142/172

Design and implement a system that allows online application, payment, tracking and monitoring without the need for a physical touch point for document submission and verification

Page 45: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK -

Deptt. BRAP 2016

Point No. BRAP 2016 -

Recommendation Point

34 Labour

Regulation-Enablers

License and renewal of license for contractors under provision of The

Contracts Labour (Regulation and

Abolition) Act, 1970

Allow third parties to easily verify the approval certificates in the public domain of at least past two years

LD 144/174 Allow third parties to easily verify approval certificates in the public domain

36 Labour

Regulation-Enablers

Registration and renewal under The

Shops and Establishment Act

Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

LD / GGD 146/176 Define clear timelines mandated through legislation for approval of complete application

37 Labour

Regulation-Enablers

Registration and renewal under The

Shops and Establishment Act

Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

LD 147/177

Design and implement a system that allows online application, payment, tracking and monitoring without the need for a physical touch point for document submission and verification

39 Labour

Regulation-Enablers

Registration and renewal under The

Shops and Establishment Act

Allow third parties to easily verify the approval certificates in the public domain of at least past two years

LD 149 Allow third parties to easily verify approval certificates in the public domain

41 Labour

Regulation-Enablers

Registration of principal employer's

establishment under provision of The

Contracts Labour (Regulation and

Abolition) Act, 1970

Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

LD / GGD 151 Define clear timelines mandated through legislation for approval of complete application

Page 46: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK -

Deptt. BRAP 2016

Point No. BRAP 2016 -

Recommendation Point

42 Labour

Regulation-Enablers

Registration of principal employer's

establishment under provision of The

Contracts Labour (Regulation and

Abolition) Act, 1970

Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

LD 152

Design and implement a system that allows online application, payment, tracking and monitoring without the need for a physical touch point for document submission and verification

44 Labour

Regulation-Enablers

Registration of principal employer's

establishment under provision of The

Contracts Labour (Regulation and

Abolition) Act, 1970

Allow third parties to easily verify the approval certificates in the public domain of at least past two years

LD 154 Allow third parties to easily verify approval certificates in the public domain

46 Labour

Regulation-Enablers

Registration under The Building and Other

Construction Workers (Regulation of

Employment and Conditions of Service)

Act, 1996

Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

LD / GGD 156 Define clear timelines mandated through legislation for approval of complete application

47 Labour

Regulation-Enablers

Registration under The Building and Other

Construction Workers (Regulation of

Employment and Conditions of Service)

Act, 1996

Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

LD 157

Design and implement a system that allows online application, payment, tracking and monitoring without the need for a physical touch point for document submission and verification

49 Labour

Regulation-Enablers

Registration under The Building and Other

Construction Workers (Regulation of

Employment and Conditions of Service)

Act, 1996

Allow third parties to easily verify the approval certificates in the public domain of at least past two years

LD 159 Allow third parties to easily verify approval certificates in the public domain

Page 47: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK -

Deptt. BRAP 2016

Point No. BRAP 2016 -

Recommendation Point

91 Inspection Enablers

Inspection reform enablers

Mandate synchronized/joint- inspection under all of the following acts:I. Inspection under The Equal Remuneration Act, 1976II. Inspection under The Factories Act, 1948III. Inspection under The Maternity Benefit Act, 1961IV. Inspection under The Minimum Wages Act, 1948V. Inspection under The Shops and Establishments Act (as applicable)VI. Inspection under The Labour Welfare Fund Act (as applicable)VII. Inspection under The Payment of Bonus Act, 1965VIII. Inspection under The Payment of Wages Act, 1936IX. Inspection under The Payment of Gratuity Act, 1972X. Inspection under The Contract Labour (Regulation and Abolition) Act, 1970

LD 247

Allow for synchronized/joint- inspection under all of the following acts:I. Inspection under The Equal Remuneration Act, 1976II. Inspection under The Factories Act, 1948III. Inspection under The Maternity Benefit Act, 1961IV. Inspection under The Minimum Wages Act, 1948V. Inspection under The Shops and Establishments Act (as applicable)VI. Inspection under The Labour Welfare Fund Act (as applicable)VII. Inspection under The Payment of Bonus Act, 1965VIII. Inspection under The Payment of Wages Act, 1936IX. Inspection under The Payment of Gratuity Act, 1972X. Inspection under The Contract Labour (Regulation and Abolition) Act, 1970

118 Inspection Enablers

Compliance Inspection under The Equal

Remuneration Act, 1976

Mandate online submission of inspection report within 24 hours to the Department

LD 270 Mandate online submission of inspection report within 48 hours to the Department

119 Inspection Enablers

Compliance Inspection under The Equal

Remuneration Act, 1976

Allow establishments to view and download submitted inspection reports of at least past two years

LD 271

Allow users to login to the portal and view and download submitted inspection reports on their businesses

124 Inspection Enablers

Compliance Inspection under The Factories

Act, 1948

Mandate online submission of inspection report within 24 hours to the Department

LD 276 Mandate online submission of inspection report within 48 hours to the Department

125 Inspection Enablers

Compliance Inspection under The Factories

Act, 1948

Allow establishments to view and download submitted inspection reports of at least past two years

LD 277

Allow users to login to the portal and view and download submitted inspection reports on their businesses

Page 48: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK -

Deptt. BRAP 2016

Point No. BRAP 2016 -

Recommendation Point

130 Inspection Enablers

Compliance Inspection under The Minimum

Wages Act, 1948

Mandate online submission of inspection report within 24 hours to the Department

LD 282 Mandate online submission of inspection report within 48 hours to the Department

131 Inspection Enablers

Compliance Inspection under The Minimum

Wages Act, 1948

Allow establishments to view and download submitted inspection reports of at least past two years

LD 283

Allow users to login to the portal and view and download submitted inspection reports on their businesses

136 Inspection Enablers

Compliance Inspection under The Shops and

Establishments Act (as applicable)

Mandate online submission of inspection report within 24 hours to the Department

LD 288 Mandate online submission of inspection report within 48 hours to the Department

137 Inspection Enablers

Compliance Inspection under The Shops and

Establishments Act (as applicable)

Allow establishments to view and download submitted inspection reports of at least past two years

LD 289

Allow users to login to the portal and view and download submitted inspection reports on their businesses

142 Inspection Enablers

Compliance Inspection under The Payment of

Bonus Act, 1965

Mandate online submission of inspection report within 24 hours to the Department

LD 294 Mandate online submission of inspection report within 48 hours to the Department

143 Inspection Enablers

Compliance Inspection under The Payment of

Bonus Act, 1965

Allow establishments to view and download submitted inspection reports of at least past two years

LD 295

Allow users to login to the portal and view and download submitted inspection reports on their businesses

148 Inspection Enablers

Compliance Inspection under The Payment of

Wages Act, 1936

Mandate online submission of inspection report within 24 hours to the Department

LD 300 Mandate online submission of inspection report within 48 hours to the Department

149 Inspection Enablers

Compliance Inspection under The Payment of

Wages Act, 1936

Allow establishments to view and download submitted inspection reports of at least past two years

LD 301

Allow users to login to the portal and view and download submitted inspection reports on their businesses

154 Inspection Enablers

Compliance Inspection under The Payment of

Gratuity Act, 1972

Mandate online submission of inspection report within 24 hours to the Department

LD 306 Mandate online submission of inspection report within 48 hours to the Department

Page 49: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK -

Deptt. BRAP 2016

Point No. BRAP 2016 -

Recommendation Point

155 Inspection Enablers

Compliance Inspection under The Payment of

Gratuity Act, 1972

Allow establishments to view and download submitted inspection reports of at least past two years

LD 307

Allow users to login to the portal and view and download submitted inspection reports on their businesses

160 Inspection Enablers

Compliance Inspection under The Contract

Labour (Regulation and Abolition) Act, 1970

Mandate online submission of inspection report within 24 hours to the Department

LD 312 Mandate online submission of inspection report within 48 hours to the Department

161 Inspection Enablers

Compliance Inspection under The Contract

Labour (Regulation and Abolition) Act, 1970

Allow establishments to view and download submitted inspection reports of at least past two years

LD 313

Allow users to login to the portal and view and download submitted inspection reports on their businesses

180 Single

Window System

Online Single Window System

Design and implement an online single window system with functionality for online application submission, payment and approvals and mandate that all applications are submitted online

All Departments / SWCS

22

Design and implement an online single window system with functionality for online application, payment and approvals

181 Single

Window System

Online Single Window System

Implement a standardized online Common Application Form (CAF) combining applications of all services wherein common information such as applicant’s name, project details, address etc. and common documents are required to be provided only once through single window system

All Departments / SWCS

21

Implement an online Common Application Form (CAF) for all required clearances/approvals in the single window

206 Single

Window System

Online Single Window System

Ensure that incentives under Industrial/Sectoral Policy are provided as a service through the online single window system (for intent letter, sanction and disbursement) facilitating online application submission and tracking of status and approvals

All Departments / SWCS

26

Ensure that incentives under Industrial Policy is provided as a service through the online single window system in a manner that allows online application, payments, tracking of status and approvals

Page 50: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK -

Deptt. BRAP 2016

Point No. BRAP 2016 -

Recommendation Point

230 Construction

Permit Enablers

Building Plan Approval

Mandate that a single, joint site inspection will be carried out by all concerned authorities such as Fire, Sewerage, Electricity, Labour (such as Factory license), Water Department and internal departments responsible for granting construction permits in urban areas and IDCs

UD / HD / SIDA / TCP

/ FIRE / UPCL /

PTCUL / LD / UJS / SIIDCUL / IRRI / FD /

CGWA / PWD / EI

66

Mandate that a single, joint site inspection will be carried out by various government authorities responsible for granting construction permits at all ULBs and IDCs.

231 Construction

Permit Enablers

Building Plan Approval

Design and develop an online single window system for granting construction permits with following functionalities: i. A common integrated application for all internal and external agencies required to provide applicable NOCs/Approvals such as Fire Services, Water body, Discoms, AAI, NMA, Forest, labour, Factory Directorate etc. ii. Provision for making an online application with integrated payment without the need for a physical touch point for document submission and verification iii. The system should allow auto scrutiny of building plans from compliance perspective according to the uniform building codes/building by-law using Auto DCR (or similar) software iv. Ensure that the system issues digitally signed approved building plan within 30 days from the date of application v. Provision for e-intimation to authorities of plinth level completion vi. Provision for online issuance of certificate of inspections vii. Provision for online common completion request form cum Occupancy Certificate Application with online payment viii. Provision for online issuance of digitally signed

UD / HD / SIDA / TCP

/ UPCL / PTCUL /

AAI / UJS / LD / IRRI /

FIRE / NMA / FD / SIIDCUL / CGWA / PWD /

NHAI / EI

65/78/79

a. Design and implement a system at all ULBs and IDC that allows building permit issuing agencies to assess building plans for compliance with building codes/building bye-laws using AutoCAD (or similar) software b. Design and implement a system that allows online application and payment without the need for a physical touch point for document submission and verification c. Ensure that the system allows users to download the final signed approval certificate from the online portal

Page 51: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK -

Deptt. BRAP 2016

Point No. BRAP 2016 -

Recommendation Point

occupancy cum completion certificate to the applicant

352

Access to Information

and Transparency

Enablers

Access to Information and Transparency

Enablers

Develop and make publicly available a comprehensive checklist, applicable procedure and timeline of all required pre-establishment No Objection Certificates (NOCs), licenses, registrations and other mandatory State approvals required for setting up of a business

All Departments / SWCS

1

Develop and make publicly available a comprehensive checklist of all required pre-establishment No Objection Certificates (NOCs), licenses, registrations and other mandatory State approvals required for setting up of a business

353

Access to Information

and Transparency

Enablers

Access to Information and Transparency

Enablers

Develop and make publicly available a comprehensive checklist, applicable procedure and timeline of all required pre-operation No Objection Certificates (NOCs), licenses, registrations and other mandatory State approvals required for starting business operations

All Departments / SWCS

2

Develop and make publicly available a comprehensive checklist of all required pre-operation No Objection Certificates (NOCs), licenses, registrations and other mandatory State approvals required for starting business operations

354

Access to Information

and Transparency

Enablers

Access to Information and Transparency

Enablers

Develop an online information wizard (one portal / functionality covering all categories / types of industries / businesses) to provide accurate information regarding all approvals (No Objection Certificates (NOCs), licenses, registrations and other mandatory approvals, timelines, procedure) applicable to establish a business/industrial unit (pre- establishment)

All Departments / SWCS

3

Design and implement an online system where an investor can key in specific details (such as type of industry, number of employees, location etc.) and obtain information regarding all State approvals applicable to establishing her/his business/industrial unit

Page 52: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

Area Sub - Area Recommendation UK -

Deptt. BRAP 2016

Point No. BRAP 2016 -

Recommendation Point

355

Access to Information

and Transparency

Enablers

Access to Information and Transparency

Enablers

Develop an online information wizard (one portal / functionality covering all categories / types of industries / businesses) to provide accurate information regarding all approvals (No Objection Certificates (NOCs), licenses, registrations and other mandatory approvals, timelines, procedure) applicable to establish a business/industrial unit (pre operation)

All Departments / SWCS

4

Design and implement an online system where an investor can key in specific details (such as type of industry, number of employees, location etc.) and obtain information regarding all State approvals applicable to starting operations of her/his business/industrial unit

Page 53: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

BRAP 2017 Point Wise Tracker

Page 54: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

6 BRAP 2017 Point Wise Tracker DIPP S.

No. 15-05-17 01-06-17 15-06-17 01-07-17 15-07-17 01-08-17 15-08-17 01-09-17

1 C2

2 C2

3 C2

4 C2

5 B

6 A

7 A+

8 A+

9 C2

10 B

11 A

12 A+

13 A+

14 C2

15 B

16 A

17 A

18 A

19 C2

20 B

21 C1

Page 55: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

15-05-17 01-06-17 15-06-17 01-07-17 15-07-17 01-08-17 15-08-17 01-09-17

22 C2

23 C2

24 C2

25 B

26 C1

27 C2

28 C2

29 C2

30 B

31 A

32 A+

33 A+

34 C2

35 B

36 A

37 A+

38 A+

39 C2

40 B

41 A

42 A+

Page 56: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

15-05-17 01-06-17 15-06-17 01-07-17 15-07-17 01-08-17 15-08-17 01-09-17

43 A+

44 C2

45 B

46 A

47 A

48 A

49 C2

50 B

51 A

52 A

53 A

54 C2

86 F

87 F

88 F

89 A

90 A

91 C1

93 B

116 A

117 A

Page 57: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

15-05-17 01-06-17 15-06-17 01-07-17 15-07-17 01-08-17 15-08-17 01-09-17

118 F

119 C2

120 A

121 A

122 A

123 A

124 F

125 C2

126 A

127 A

128 A

129 A

130 F

131 C2

132 A

133 A

134 A

135 A

136 F

137 C2

138 A

Page 58: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

15-05-17 01-06-17 15-06-17 01-07-17 15-07-17 01-08-17 15-08-17 01-09-17

139 A

140 A

141 A

142 F

143 C2

144 A

145 A

146 A

147 A

148 F

149 C2

150 A

151 A

152 A

153 A

154 F

155 C2

156 A

157 A

158 A

159 A

Page 59: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

15-05-17 01-06-17 15-06-17 01-07-17 15-07-17 01-08-17 15-08-17 01-09-17

160 F

161 C2

162 A

163 A

180 A

181 C2

182 C2

183 C2

188 A

189 A

190 A

191 A

192 A

197 A

198 A

199 A

202 F

203 F

206 F

230 F

231 F

Page 60: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

A+ - Achieved points with Usage generated and documented; A - Achieved points; B - Achievable Points - Near completion (Target Date 31st May); C1 - Achievable By Jul 31st; C2 - Achievable by Aug 31st; C3 - Achievable by few relevant Departments / Authorities; D - Not applicable to Uttarakhand; E1 - Work Started / To Start, but will not be able to complete in this evaluation; E2 - Long term Objective; F - Decision not taken

DIPP S. No.

15-05-17 01-06-17 15-06-17 01-07-17 15-07-17 01-08-17 15-08-17 01-09-17

352 C2

353 C2

354 C2

355 C2

363 F

364 F

366 A

367 A

368 C2

Page 61: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

NOTES

Page 62: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

NOTES

Page 63: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

NOTES

Page 64: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

NOTES

Page 65: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

NOTES

Page 66: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

NOTES

Page 67: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

Functional Classification of BRAP 2017 Recommendations

Page 68: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

7 Classification of BRAP 2017 Recommendations based on the status of action by which compliance can be achieved

Status M N Y Total Timeline

Usage - - - -

Regulatory Reform

Legacy Data 15 3 0 18 31st

Software Development

Information Availability 19 9 17 45 31st May 2017

Timeline 8 4 0 12 31st July 2017

Public Service Delivery Guarantee Act 7 3 0 10 31st July 2017

Single Window Clearance System

Status 15-05-17 01-06-17 15-06-17 01-07-17 15-07-17 01-08-17 15-08-17 01-09-17

Usage -

Regulatory Reform F

Legacy Data F

Software Development F

Information Availability F

Timeline C2

Public Service Delivery Guarantee Act

C1

Single Window Clearance System

F

Page 69: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

NOTES

Page 70: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

NOTES

Page 71: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

NOTES

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NOTES

Page 73: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

8 Recommendations which require Legacy Data, Information Availability & Software Development for Compliance

DIPP. No. Area Sub Area Category Timeline Comment

Recommendation: Allow third parties to easily verify the approval certificates in the public domain of at least past two years under:

9 01. Labour Regulation-Enablers

Registration and grant and renewal of license under The Factories Act, 1948 A

14 01. Labour Regulation-Enablers

Approval of plan and permission to construct/extend/or take into use any building as a factory under the Factories Act, 1948

A

19 01. Labour Regulation-Enablers

Registration and Renewal of Boilers under The Boilers Act, 1923 A

24 01. Labour Regulation-Enablers

Approval for Boiler manufacturer and renewal thereof A

29 01. Labour Regulation-Enablers

Approval for Boiler erector and renewal thereof A

34 01. Labour Regulation-Enablers

License and renewal of license for contractors under provision of The Contracts Labour (Regulation and Abolition) Act, 1970

A

39 01. Labour Regulation-Enablers

Registration and renewal under The Shops and Establishment Act A

44 01. Labour Regulation-Enablers

Registration of principal employer's establishment under provision of The Contracts Labour (Regulation and Abolition) Act, 1970

A

49 01. Labour Regulation-Enablers

Registration under The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

A

54 01. Labour Regulation-Enablers

Registration of establishment under the Inter State Migrant Workmen (RE&CS) Act,1979

A

Page 74: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

DIPP. No. Area Sub Area Category Timeline Comment

Recommendation: Allow establishments to view and download submitted inspection reports of at least past two years

119 04. Inspection Enablers Compliance Inspection under The Equal Remuneration Act, 1976 A

125 04. Inspection Enablers Compliance Inspection under The Factories Act, 1948 A

131 04. Inspection Enablers Compliance Inspection under The Minimum Wages Act, 1948 A

137 04. Inspection Enablers Compliance Inspection under The Shops and Establishments Act (as applicable)

A

143 04. Inspection Enablers Compliance Inspection under The Payment of Bonus Act, 1965 A

149 04. Inspection Enablers Compliance Inspection under The Payment of Wages Act, 1936 A

155 04. Inspection Enablers Compliance Inspection under The Payment of Gratuity Act, 1972 A

161 04. Inspection Enablers Compliance Inspection under The Contract Labour (Regulation and Abolition) Act, 1970

A

8.1 Current status ► Order released vide officer order ___ to collate the number of files required to be uploaded for past 2 years. ► Work order to upload data has been outsourced to Marg Software ► Marg Software has currently uploaded around 39000 backlog data ► Continuous meetings are organized between the department and Marg Software to track the progress of upload of backlog data ► All backlog data has been uploaded

8.2 Action required for compliance of above recommendations ► Collate number of backlog data to be uploaded on the website for past two years across all labour laws ► Marg Software to allocate resources to upload data for all labour laws across across all region ► Department will verify the uploaded data for all labour laws ► Department has verified all uploaded data

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9 Recommendations which require defining timelines through PSDG Act for Compliance

DIPP. No. Area Sub – Area Category Timeline Comment

Recommendation: Define clear timelines mandated through the Public Service Delivery Guarantee Act (or equivalent) legislation for approval of complete application

6 01. Labour Regulation-Enablers Registration and grant and renewal of license under The Factories Act, 1948 A

11 01. Labour Regulation-Enablers Approval of plan and permission to construct / extend / or take into use any building as a factory under the Factories Act, 1948

A

16 01. Labour Regulation-Enablers Registration and Renewal of Boilers under The Boilers Act, 1923 A

21 01. Labour Regulation-Enablers Approval for Boiler manufacturer and renewal thereof A

26 01. Labour Regulation-Enablers Approval for Boiler erector and renewal thereof A

31 01. Labour Regulation-Enablers License and renewal of license for contractors under provision of The Contracts Labour (Regulation and Abolition) Act, 1970

A

36 01. Labour Regulation-Enablers Registration and renewal under The Shops and Establishment Act A

41 01. Labour Regulation-Enablers Registration of principal employer's establishment under provision of The Contracts Labour (Regulation and Abolition) Act, 1970

A

46 01. Labour Regulation-Enablers Registration under The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

A

51 01. Labour Regulation-Enablers Registration of establishment under the Inter State Migrant Workmen (RE&CS) Act,1979

A

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9.1 Current Status

Timelines have been mandated through the Right to Service Act vide notification no. 758/XLIII(1)/16-20 (04)/2016, dated: 14-June-2016

Sr.no Name of Service Stipulated Timeline Designated Officer First Appellate

Authority Second Appellate

Authority

1 Registration and grant and renewal of license under The Factories Act, 1948

30 days

Upto 100 workers, Assistant Director

Deputy Director Chief Factories Inspector

More than 100 and upto 500 workers, Deputy

Director

Chief Inspector of Factories

Additional Secretary, Labour

More than 500 workers, Chief Inspector of

Factories

Additional Secretary, Labour

Secretary, Labour

2 Approval of plan and permission to construct / extend / or take into use any building as a factory under the Factories Act, 1948

30 days

Upto 100 workers, Assistant Director

Deputy Director Chief Factories Inspector

More than 100 and upto 500 workers, Deputy

Director

Chief Inspector of Factories

Additional Secretary, Labour

More than 500 workers, Chief Inspector of

Factories

Additional Secretary, Labour

Secretary, Labour

3 Registration and Renewal of Boilers under The Boilers Act, 1923

30 days Deputy Director,

Factories Labour Commissioner Central Boiler Board

6 License and renewal of license for contractors under provision of The Contracts Labour (Regulation and Abolition) Act, 1970

30 days Assistant Labour

Commissioner Deputy Labour Commissioner

Additional Labour Commissioner

7 Registration and renewal under The Shops and Establishment Act, 1962

1 day Labour Enforcement

Officer Assistant Labour

Commissioner Deputy Labour Commissioner

8

Registration of principal employer's establishment under provision of The Contracts Labour (Regulation and Abolition) Act, 1970

30 days Deputy Labour Commissioner

Labour Commissioner Additional Secretary,

Labour

9 Registration under The Building and Other Construction Workers (Regulation of

30 days Deputy Labour Commissioner

Labour Commissioner Additional Secretary,

Labour

Page 77: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

Employment and Conditions of Service) Act, 1996

10 Registration of establishment under the Inter State Migrant Workmen (RE&CS) Act,1979

30 days Deputy Labour Commissioner

Labour Commissioner Additional Secretary,

Labour

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9.2 Action required for compliance of above recommendations

► Following services need to be notified in Right to Service Act for compliance:

DIPP No. Area Sub - Area

21 01. Labour Regulation-Enablers Approval for Boiler manufacturer and renewal thereof

26 01. Labour Regulation-Enablers Approval for Boiler erector and renewal thereof

► Department will send the request to add the specified services to Good Governance Department ► GGD will notify the services in RTS act and acknowledge the department ► Department will publish the notification in its website ► The above-mentioned services have been notified

10 Recommendations which require defining timelines through legislation for Compliance

DIPP. No. Area Sub – Area Category Timeline Comment

Recommendation: Registrations under Shops and establishment Act is provided within 0ne day

4 01. Labour Regulation-Enablers Labour Regulation-Enablers A

10.1 Current Status

► The current timeline to provide registration under Shops and Establishment Act is 30 days notified through RTS Act, vide order no. 758/XLIII(1)/16-20(04)/2016

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10.2 Revised notification issued ► The current timeline to provide registration under Shops and Establishment Act is 1 day notified vide order no. 244 (1)/VIII/19-32(shram) / 2016 dated 26

February 2019

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11 Recommendations which require Information Availability for Compliance

DIPP. No. Area Sub – Area Category Timeline Comment

Recommendation: Publish information about the procedure and comprehensive list of documents on the Department’s website

5 01. Labour Regulation-Enablers Registration and grant and renewal of license under The Factories Act, 1948 A

10 01. Labour Regulation-Enablers Approval of plan and permission to construct/extend/or take into use any building as a factory under the Factories Act, 1948

A

15 01. Labour Regulation-Enablers Registration and Renewal of Boilers under The Boilers Act, 1923 A

20 01. Labour Regulation-Enablers Approval for Boiler manufacturer and renewal thereof A

25 01. Labour Regulation-Enablers Approval for Boiler erector and renewal thereof A

30 01. Labour Regulation-Enablers License and renewal of license for contractors under provision of The Contracts Labour (Regulation and Abolition) Act, 1970

A

35 01. Labour Regulation-Enablers Registration and renewal under The Shops and Establishment Act A

40 01. Labour Regulation-Enablers Registration of principal employer's establishment under provision of The Contracts Labour (Regulation and Abolition) Act, 1970

A

45 01. Labour Regulation-Enablers Registration under The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

A

50 01. Labour Regulation-Enablers Registration of establishment under the Inter State Migrant Workmen (RE&CS) Act,1979

A

Recommendation: Publish a well-defined inspection procedure and checklist on department’s website

116 04. Inspection Enablers Compliance Inspection under The Equal Remuneration Act, 1976 A

122 04. Inspection Enablers Compliance Inspection under The Factories Act, 1948 A

128 04. Inspection Enablers Compliance Inspection under The Minimum Wages Act, 1948 A

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DIPP. No. Area Sub – Area Category Timeline Comment

134 04. Inspection Enablers Compliance Inspection under The Shops and Establishments Act (as applicable)

A

140 04. Inspection Enablers Compliance Inspection under The Payment of Bonus Act, 1965 A

146 04. Inspection Enablers Compliance Inspection under The Payment of Wages Act, 1936 A

152 04. Inspection Enablers Compliance Inspection under The Payment of Gratuity Act, 1972 A

158 04. Inspection Enablers Compliance Inspection under The Contract Labour (Regulation and Abolition) Act, 1970

A

DIPP. No. Area Sub – Area Recommendation Category Timeline Comment

368 11. Access to Information and Transparency Enablers

Access to Information and Transparency Enablers

Develop an online database for existing industrial clusters in the State with the type of industries, infrastructure available, common facilities etc.

A

11.1 Current Status ► Inspection Flowchart: http://labour.uk.gov.in/contents/view/10/11/134-inspection-flow-chart ► Checklist under labour & factory laws: http://labour.uk.gov.in/contents/view/2/1/121-check-list-under-labour-factory-act ► SoP and checklist under labour laws: http://labour.uk.gov.in/contents/view/6/6/126-sop-checklist-under-different-labour-laws

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12 Recommendations which require Software Development for Compliance

DIPP. No. Area Sub – Area Category Timeline Comment

Recommendation: Design and develop an online inspection system for scheduling of inspections

87 04. Inspection Enablers Inspection reform enablers A

Recommendation: Ensure that the selection of establishments for inspection is done using computerized risk assessment and allocation of inspectors is undertaken under the Central Inspection System

88 04. Inspection Enablers Inspection reform enablers A

12.1 Current Status ►

DIPP. No. Area Sub – Area Category Timeline Comment

Recommendation: Ensure that the system allows user to download the final signed approval certificate from the online portal

8 01. Labour Regulation-Enablers Registration and grant and renewal of license under The Factories Act, 1948 A+

13 01. Labour Regulation-Enablers Approval of plan and permission to construct/extend/or take into use any building as a factory under the Factories Act, 1948

A+

18 01. Labour Regulation-Enablers Registration and Renewal of Boilers under The Boilers Act, 1923 A+

23 01. Labour Regulation-Enablers Approval for Boiler manufacturer and renewal thereof A

28 01. Labour Regulation-Enablers Approval for Boiler erector and renewal thereof A

33 01. Labour Regulation-Enablers License and renewal of license for contractors under provision of The Contracts Labour (Regulation and Abolition) Act, 1970

A+

38 01. Labour Regulation-Enablers Registration and renewal under The Shops and Establishment Act A+

43 01. Labour Regulation-Enablers Registration of principal employer's establishment under provision of The Contracts Labour (Regulation and Abolition) Act, 1970

A+

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DIPP. No. Area Sub – Area Category Timeline Comment

48 01. Labour Regulation-Enablers Registration under The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

A+

53 01. Labour Regulation-Enablers Registration of establishment under the Inter State Migrant Workmen (RE&CS) Act,1979

A+

Recommendation: Design and implement a system for identifying establishments that need to be inspected based on computerized risk assessment

117 04. Inspection Enablers Compliance Inspection under The Equal Remuneration Act, 1976 A

120 04. Inspection Enablers Compliance Inspection under The Equal Remuneration Act, 1976 A

123 04. Inspection Enablers Compliance Inspection under The Factories Act, 1948 A

126 04. Inspection Enablers Compliance Inspection under The Factories Act, 1948 A

129 04. Inspection Enablers Compliance Inspection under The Minimum Wages Act, 1948 A

132 04. Inspection Enablers Compliance Inspection under The Minimum Wages Act, 1948 A

135 04. Inspection Enablers Compliance Inspection under The Shops and Establishments Act (as applicable)

A

138 04. Inspection Enablers Compliance Inspection under The Shops and Establishments Act (as applicable)

A

141 04. Inspection Enablers Compliance Inspection under The Payment of Bonus Act, 1965 A

144 04. Inspection Enablers Compliance Inspection under The Payment of Bonus Act, 1965 A

147 04. Inspection Enablers Compliance Inspection under The Payment of Wages Act, 1936 A

150 04. Inspection Enablers Compliance Inspection under The Payment of Wages Act, 1936 A

153 04. Inspection Enablers Compliance Inspection under The Payment of Gratuity Act, 1972 A

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DIPP. No. Area Sub – Area Category Timeline Comment

156 04. Inspection Enablers Compliance Inspection under The Payment of Gratuity Act, 1972 A

159 04. Inspection Enablers Compliance Inspection under The Contract Labour (Regulation and Abolition) Act, 1970

A

162 04. Inspection Enablers Compliance Inspection under The Contract Labour (Regulation and Abolition) Act, 1970

A

Recommendation: Design and implement a system that allows online application, submission, payment, tracking and monitoring without the need for a physical touch point for document submission and verification and mandate that all applications are submitted online

7 01. Labour Regulation-Enablers Registration and grant and renewal of license under The Factories Act, 1948 A+

12 01. Labour Regulation-Enablers Approval of plan and permission to construct/extend/or take into use any building as a factory under the Factories Act, 1948

A+

17 01. Labour Regulation-Enablers Registration and Renewal of Boilers under The Boilers Act, 1923 A

22 01. Labour Regulation-Enablers Approval for Boiler manufacturer and renewal thereof A

27 01. Labour Regulation-Enablers Approval for Boiler erector and renewal thereof A

32 01. Labour Regulation-Enablers License and renewal of license for contractors under provision of The Contracts Labour (Regulation and Abolition) Act, 1970

A+

37 01. Labour Regulation-Enablers Registration and renewal under The Shops and Establishment Act A+

42 01. Labour Regulation-Enablers Registration of principal employer's establishment under provision of The Contracts Labour (Regulation and Abolition) Act, 1970

A+

47 01. Labour Regulation-Enablers Registration under The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

A+

52 01. Labour Regulation-Enablers Registration of establishment under the Inter State Migrant Workmen (RE&CS) Act,1979

A

12.2 Current Status

Link for registration & inspection under following acts is: http://uklabouracts.in/ ► Factories Act, 1948 ► Contract Labour Act (Regulation & Abolition), 1970

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► Motor Transport Workmen Act, 1961 ► Inter State Migrant Workmen (Regulation of Employment & Condition of Service) Act, 1979 ► Uttarakhand Shops & Establishment Act, 1962 ► Indian Boilers Act, 1923

Link for registration & inspection under following acts is: https://www.uklmis.in/ ► Building and Other Constructions Workers (Regulation of Employment & Condition of Service) Act, 1996

Inspection under following acts: http://uklabouracts.in/ ► The Equal Remuneration Act, 1976 ► The Minimum Wages Act, 1948 ► Uttarakhand Shops and Establishment Act, 2017 ► The Payment of Bonus Act, 1965 ► The Payment of Wages Act, 1936 ► The Payment of Gratuity Act, 1972 ► Contract Labour and (Regulation and Abolition) Act, 1970 ► The Factories Act, 1948 ► The Boilers Act, 1923

13 Recommendations which require Regulatory Reform for compliance

DIPP. No. Area Recommendation Category Timeline Comment

230 07. Construction Permit Enablers

Mandate that a single, joint site inspection will be carried out by all concerned authorities such as Fire, Sewerage, Electricity, Labour (such as Factory license), Water Department and internal departments responsible for granting construction permits in urban areas and IDCs

F

13.1 Current Status

Initial discussion needs to take place between the departments. (Department of Labour and UEPPCB)

DIPP. No. Area Recommendation Category Timeline Comment

93 04. Inspection Enablers Allow third party certifications instead of Departmental inspections under all the labour and environment / pollution laws for medium risk industries

A

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13.2 Current Status

An order has been released for enabling Third party Certification vide office order No. 279, dated: 24-05-2016 Third Party vendors have also been empanelled for Third Party Audit

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DIPP. No. Area Recommendation Category Timeline Comment

86 04. Inspection Enablers Institutionalize a Central Inspection System responsible for undertaking compliance inspections of the departments concerned

A

13.3 Current Status ► Initial discussion needs to take place between departments

DIPP. No. Area Recommendation Category Timeline Comment

1 01. Labour Regulation-Enablers Mandate online filing of single integrated return and applicable payments under all Labour Laws

A

13.4 Current Status ► Single Integrated return under 14 Labour laws has been notified by department vide office order no. /VIII/16-31 (Labour)/2015 dated: 21-01-2016

► Contract Labour (Regulation and Abolition) Act, 1970 ► Equal Remuneration Act, 1976 ► Factories Act, 1948 ► Uttaranchal (Uttar Pradesh Industrial Disputes Act, 1947) Adaptation and Transit Orders. 2002 ► Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act ► Maternity Benefits Act, 1971 ► Minimum Wages Act, 1941 ► The Motor Transport Workers Act, 1961 ► The Industrial Employment (Standing Orders) Act, 1946 ► Uttarakhand Shops and Establishment (Regulation of Employment and Conditions of Service) Act, 2017 ► Uttaranchal (Uttar Pradesh Labour Welfare Fund Act, 1965) Adaptation and Transit Orders, 2002 ► Payment of Bonus Act, 1965 ► Payment of Gratuity Act, 1972 ► Payment of Wages Act, 1936

► The department has received a format from MoL&E to collect data for integrating it with Shram Suvidha portal of GoI

DIPP. No. Area Recommendation Category Timeline Comment

2 01. Labour Regulation-Enablers Introduce a provision for self-certification /third party certification for boilers during use u/s 34(3) of the Boilers Act, 1923, by persons having requisite qualification and experience

A

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13.5 Current Status ► Executive order issued vide Order no. 1085/ Shra.Shi/ Stha/ 2019 dated 27/03/2019

► Executive order no. 591 dated 13/06/2019 issued making third party certification mandatory for Boilers exceeding 1000 M2 heating surface area

DIPP. No. Area Recommendation Category Timeline Comment

3 01. Labour Regulation-Enablers Introduce a provision for issuing Factory License and all subsequent renewals with validity of 10 years or more C2

13.6 Current Status ► Gazette notification no. 147/VIII/19-04 (VIVIDH)/2015 T.C-II dated: 08-02-2019 has been released which makes factory license valid for minimum period of one

year to a maximum period of 10 years as applicable

13.7 Action required for compliance of above recommendations ► Decision needs to be taken to issue 10 years license for hazardous factories

DIPP. No. Area Recommendation Category Timeline Comment

89 04. Inspection Enablers Differentiate compliance inspection requirements based on risk profile (such as High, Medium and Low risk) of industries under all the labour laws

A

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13.8 Current Status ► Office order defining differentiated compliance inspection based on risk profile vide notification 2364, dated:

28-05-2016

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► Categorization of industries based on risk posed vide notification 175 (A)/VIII/16-31 (Labour) 2015 dated: 02-03-2016

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► Medium Risk Industries to be inspected through Third Party Audit as per notification no. 1070/Mu-Pravartan/2019 dated 27/03/2019

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DIPP. No. Area Recommendation Category Timeline Comment

90 04. Inspection Enablers

Exempt low risk industries with a history of satisfactory compliance from labour compliance inspections, or allow self-certification in lieu of conducting physical inspections under all the Labour laws

A

13.9 Current Status ► Office order exempting low risk industries with a history of satisfactory compliance from labour inspection vide notification 1423, dated: 06-04-2016

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DIPP. No. Area Recommendation Category Timeline Comment

91 04. Inspection Enablers

Mandate synchronized/joint- inspection under all of the following acts: I. Inspection under The Equal Remuneration Act, 1976 II. Inspection under The Factories Act, 1948 III. Inspection under The Maternity Benefit Act, 1961 IV. Inspection under The Minimum Wages Act, 1948 V. Inspection under The Shops and Establishments Act (as applicable) VI. Inspection under The Labour Welfare Fund Act (as applicable) VII. Inspection under The Payment of Bonus Act, 1965 VIII. Inspection under The Payment of Wages Act, 1936 IX. Inspection under The Payment of Gratuity Act, 1972 X. Inspection under The Contract Labour (Regulation and Abolition) Act, 1970

A

13.10 Current Status ► Synchronized joint site inspection is applicable for industries opting for VCS vide notification /VIII/16-31(Labour)/2015 dated : 21-01-2016 ► Modification in VCS vide notification 175/VIII/16-31(Labour)/2015 dated: 02-03-2016 ► Office order for mandating VCS for all factories vide notification no. 1423, dated: 06-04-2016 ► Office order mandating Joint Inspections on Joint Inspection dates only and inspections to be limited to the checklist vide notification no. 1072/Mu-

Pravartan/2019 dated 27/03/2019 ► Office order mandating Surprise Inspections and Inspections based on Compliant to be done after permission from HOD vide notification no. 1071/Mu-

Pravartan/2019 dated 27/03/2019

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DIPP. No. Area Sub-Area Category Timeline Comment

Recommendation: Mandate that same inspector will not inspect the establishment twice consecutively

121 04. Inspection Enablers Compliance Inspection under The Equal Remuneration Act, 1976

A

127 04. Inspection Enablers Compliance Inspection under The Factories Act, 1948 A

133 04. Inspection Enablers Compliance Inspection under The Minimum Wages Act, 1948

A

139 04. Inspection Enablers Compliance Inspection under The Shops and Establishments Act (as applicable)

A

145 04. Inspection Enablers Compliance Inspection under The Payment of Bonus Act, 1965

A

151 04. Inspection Enablers Compliance Inspection under The Payment of Wages Act, 1936

A

157 04. Inspection Enablers Compliance Inspection under The Payment of Gratuity Act, 1972

A

163 04. Inspection Enablers Compliance Inspection under The Contract Labour (Regulation and Abolition) Act, 1970

A

13.11 Current Status ► Office order for mandating VCS for all factories vide notification no. 1423, dated: 06-04-2016

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DIPP. No. Area Sub-Area Category Timeline Comment

Recommendation: Mandate online submission of inspection report within 48 hours to the Department

118 04. Inspection Enablers Compliance Inspection under The Equal Remuneration Act, 1976 A

124 04. Inspection Enablers Compliance Inspection under The Factories Act, 1948 A

130 04. Inspection Enablers Compliance Inspection under The Minimum Wages Act, 1948

A

136 04. Inspection Enablers Compliance Inspection under The Shops and Establishments Act (as applicable)

A

142 04. Inspection Enablers Compliance Inspection under The Payment of Bonus Act, 1965

A

148 04. Inspection Enablers Compliance Inspection under The Payment of Wages Act, 1936

A

154 04. Inspection Enablers Compliance Inspection under The Payment of Gratuity Act, 1972

S

160 04. Inspection Enablers Compliance Inspection under The Contract Labour (Regulation and Abolition) Act, 1970

A

13.12 Current Status ► Executive Order no. 1737(1)/VII/16-31(Labour)/2015 dated 21-01-2016 issued clearly mentioning that inspection report should be uploaded within 48 hours

of inspection

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14 Recommendations which require Single Window System for compliance

DIPP. No. Area Recommendation Category Timeline Comment

182 05. Single Window System

Ensure ‘Registration under The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996’ is provided as a service through the online single window system facilitating the online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

A

183 05. Single Window System

Ensure ‘Registration certificate of Establishment Inter State Migrant Workmen(RE&CS)Act,1979 (License of Contractor Establishment)’ is provided as a service through the online single window system facilitating the online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

A

188 05. Single Window System

Ensure ‘Registration under Shops and Establishments Act’ is provided as a service through the online single window system facilitating online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

A

189 05. Single Window System

Ensure ‘Permission for engaging contractor for labour’ is provided as a service through the online single window system facilitating online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

A

190 05. Single Window System

Ensure 'Factories license’ is provided as a service through the online single window system facilitating online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

A

191 05. Single Window System

Ensure ‘Factory building plan approval’ (under the Factories Act, 1948) is provided as a service through the online single window system facilitating online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

A

192 05. Single Window System

Ensure ‘Registration under Boiler Act’ is provided as a service through the online single window system facilitating online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

A

197 05. Single Window System

Ensure renewal under ‘Shops and Establishments Act’ is provided as a service through the online single window system facilitating online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

A

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DIPP. No. Area Recommendation Category Timeline Comment

198 05. Single Window System

Ensure renewal under 'Factories license’ is provided as a service through the online single window system facilitating online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

A

199 05. Single Window System

Ensure renewal under ‘Registration under Boiler Act’ is provided as a service through the online single window system facilitating online application submission, payments, tracking of status, approvals and issuance of the certificate(s)

A

14.1 Current Status

► All the systems have been made online ► Online system has been integrated with single window system

S. No Name of Service DIPP Requirement Online Integrated with Single Window

System

Uttarakhand Shops & Commercial Establishment Act, 1962

1 Registration of Shops & Commercial Establishment Yes Yes Yes

2 Renewal of Shops & Commercial Establishment Yes Yes Yes

Contract Labour Act, 1970

1 License of Contractor Yes Yes Yes

2 Renewal of license of Contractor Yes Yes Yes

Inter State Migrant Workmen Act

1 Registration under ISMW Act Yes Yes Yes

2 License of ISMW Act Yes Yes Yes

3 Renewal of License for ISMW Act Yes Yes Yes

Motor Transport Workmen Act

1 Registration under Motor Transport Act Yes Yes Yes

Factories Act

1 Registration of Factories Yes Yes Yes

2 Renewal of Factories Yes Yes Yes

3 Site Plan Approval Yes Yes Yes

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S. No Name of Service DIPP Requirement Online Integrated with Single Window

System

The Boilers Act

1 Registration of Establishment Yes Yes Yes

2 Renewal of Establishment Yes Yes Yes

3 Boiler Manufacturer Certificate Yes Yes Yes

4 Renewal of Boiler manufacturer certificate Yes Yes Yes

5 Boiler Erection Certificate Yes Yes Yes

6 Renewal of Boiler Erection Certificate Yes Yes Yes

7 Endorsement Certificate (Erector & Weldor) No No No

8 Boiler Component Approval No No No

9 Renewal of Boiler component Approval No No No

10 Steam Test of boiler No Yes No

11 Remnant life assessment of boiler No No No

12 Weldor Certificate No No No

The Building & Other Constructions Workers Act

1 Registration of BOCW Yes Yes Yes

Others

1 Permission for Closure (Mandatory for more than 300 workmen) No No No

2 Permission for Layoff (Mandatory for more than 100 workmen) No No No

Page 109: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

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Mumbai 14th Floor, The Ruby 29 Senapati Bapat Marg Dadar (W), Mumbai - 400 028 Tel: + 91 22 6192 0000 Fax: + 91 22 6192 1000

5th Floor, Block B-2 Nirlon Knowledge Park Off. Western Express Highway Goregaon (E) Mumbai - 400 063 Tel: + 91 22 6192 0000 Fax: + 91 22 6192 3000

Pune C-401, 4th floor Panchshil Tech Park Yerwada (Near Don Bosco School) Pune - 411 006 Tel: + 91 20 6603 6000 Fax: + 91 20 6601 5900

Page 110: BRAP 2017 Implementation Guide - Department of Labour · exercise to validate the reforms claimed by the States, DIPP published a report in September 2015 on the State of reform implementation

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