Labour and Employment Department - Gujaratcol.gujarat.gov.in/images/Labour-Deaprtment-Checklist... · Web viewThe Principal Secretary is the head of the Labour & Employment Department

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Manual on Applications under Labour &Employment Department,Gujarat

Application Manual for Labour & Employment Department____________________________________________________________________________________________________________________________________________

Table of Contents

Table of Contents 1

1. Introduction to the Department 3

2. Acts Implemented by Department of Labour and Employment 4

2.1 Commissionerate of Labour...............................................................................................................4

2.2 Directorate of Boilers.........................................................................................................................4

2.3 Directorate of Industrial Safety and Health.......................................................................................4

3. List of Approvals/ Licenses/ Inspections by Department of Labour and Employment 5

3.1 Commissionerate of Labour...............................................................................................................5

List of Approvals/ Licenses/ Inspections by Commissionerate of Labour................................................5

List of Registrations.............................................................................................................................5

List of Licenses/ Approvals and Certificates.........................................................................................5

List of Renewals/ Modification............................................................................................................5

Inspections..........................................................................................................................................5

Returns................................................................................................................................................6

Others..................................................................................................................................................6

3.2 Directorate of Boilers (A wing of Commissionerate of Labour).........................................................7

List of Registrations.............................................................................................................................7


Inspections..........................................................................................................................................8

Returns................................................................................................................................................8

Others..................................................................................................................................................8

3.3 Directorate of Industrial Safety and Health (DISH)............................................................................9


List of Renewals/ Modification............................................................................................................9

Inspections..........................................................................................................................................9

Returns................................................................................................................................................9

Others..................................................................................................................................................9

4. Detailed Process Flows for various applications 10

4.1 Commissionerate of Labour.............................................................................................................10

A. Process of Registration of Principal Employer under Contract Labour Act....................................10

Ease of Doing Business Page | 1


B. Process of Granting licenses under Contract Labour Act...............................................................11

C. Process of Renewal of license under Contract Labour Act.............................................................12

D. Process of Registration under Self Certification Scheme...............................................................13

E. Process of Registration under Motor Transport Workers Act........................................................14

F. Process of Registration of Principal Employer Under Interstate Migrant Workmen Act................15

G. Process of Granting License under Interstate Migrant Workmen Act...........................................16

H. Process of Renewal of License under Interstate Migrant Workmen Act.......................................17

I. Certification of Standing Orders.....................................................................................................18

J. Process of addressing queries under – Commissioner of Labour...................................................19

K. Process of sorting queries regarding Strikes and Lockout..............................................................20

L. Process of Addressing Applications pertaining to Non Payment of Gratuity..................................21

4.2 Directorate of Boilers.......................................................................................................................22

A. Process of Registration of Boiler/ Economizer...............................................................................22

B. Process of Renewal of Registration of Boiler/ Economizer............................................................23

C. Process of obtaining NOC for Boiler..............................................................................................24

D. Process of Recognition of Manufacturing workshops...................................................................25

E. Process of Stage Inspection of Product Manufacturing.................................................................26

F. Process of Initial Qualification of Welders.....................................................................................27

G. Transfer of Boiler Records from other state to Gujarat/ Gujarat to Other State...........................28

4.3 Directorate of Industrial Safety and Health (DISH)..........................................................................29

A. Process of Obtaining a New Factory License.................................................................................29

B. Process of Renewal of Factory License..........................................................................................31

C. Process of Plan Approval...............................................................................................................32

D. Process of Amendment or Transfer of Factory License.................................................................34

E. Process of Cancellation of Factory License....................................................................................36

F. Building and Other Construction Workers Site Registration..........................................................37

5. Important Links 38



1. Introduction to the Department

With a view to give proper attention towards the labour and employment related matters and with an object to give speedy required employment and for purposeful planning, the Labour & Employment Department has been separately established on 17th July, 1980.

Policies, Rules and Programs for the matters related to the Labour Welfare, Employment, Training and Human Empowerment by this Department. Welfare Measures are taken and Programs for Employment Creation for workers are also prepared.

The Principal Secretary is the head of the Labour & Employment Department. The Policies, Rules and Orders formulated by the Government are executed by Heads of the Departments under the administrative control of the Department.

Director of Employment and Training Commissioner of Labour Director Industrial Safety and Health Director of Boilers (Wing of Commissioner of Labour) Rural Labour Commissioner Mahatma Gandhi Labour Institute

Moreover, there is State Apprenticeship Council, State level Advisory Committee for the activities like Rehabilitation of Bonded Labourers under the Labour & Employment Department.

Gujarat State, the first in India, has established an independent office of the Rural Labour Commissioner for the implementation of the minimum wages of the Agriculture Workers.



2. Acts Implemented by Department of Labour and Employment

2.1 Commissionerate of Labour The Minimum Wages Act, 1948 & The Minimum Wages (Gujarat) Rules 1961 The Payment Of Bonus Act, 1965 & The Payment of Bonus Rules 1975 The Payment Of Gratuity Act, 1972 & Gujarat Rules 1973 The Child Labour (Prohibition & Regulation) Act,1986 & Gujarat Rules 1994 The Contract Labour (Regulation & Abolition) Act, 1970 & The Contract Labour (P & R)

(Gujarat) Rules 1972 The Interstate Migrant Workers Act, 1979 & The Interstate Migrant Workers (Gujarat) Rules

1981 The Motor Transport Workers Act, 1961 & Gujarat Rules 1965 The Industrial Disputes Act, 1947 & Gujarat Rules 1966 The Industrial Employment Standing Order Act,1946 & Gujarat Rules 1955 The Sales Promotion Employees (Conditions of Service) Act, 1976 The Bombay Industrial Relations Act, 1946 & Gujarat Rules 1961 The Equal Remuneration Act, 1976 & Gujarat Rules 1976 The Trade Unions Act 1926 & The Gujarat Trade Unions Regulations,1963 The Beedi & Cigar Workers (Conditions Of Employment) Act, 1966 & Gujarat Rules 1968 The Working Journalists And Other Newspaper Employees' (Condition Of Services) And

Miscellaneous Provisions Act, 1955 The Working Journalists(Conditions of Service) and miscellaneous Provisions Rules, 1957 The Labour Laws (Exemption From Furnishing Returns And Maintaining Registers By

Certain Establishments) Act, 1988.

2.2 Directorate of Boilers Indian Boiler Regulations - 1950 Penalty Provision For Breach Of Act/Rules /Regulations Amendment of the Indian Boilers Act 1923 - as amended up to 12th December,2007 The Indian Boilers (Amendment) Act,2007 - No. 49 of 2007 dt.12th December, 2007

2.3 Directorate of Industrial Safety and Health The Factories Act, 1948 And Gujarat Factories Rules 1963 The Environment Protection Act 1986 The Manufactories, Storage And Import Of Hazardous Chemical Rules, 1989 Chemical Accidents (Emergency Planning, Preparedness And Response ) Rules 1996 The Payment Of Wages Act, 1936 & Rules Framed There Under The Maternity Benefit Act, 1961 & Rules Framed There Under The Gujarat Physically Handicapped Persons (Employment In Factories) Act 1982 The Gujarat Payment Of Unemployment Allowance To Workmen (In Factories) Act 1981 The Building and Other Construction Workers (Regulation of Employment and Condition of

Service.) Act, 1996



3. List of Approvals/ Licenses/ Inspections by Department

of Labour and Employment

3.1 Commissionerate of Labour

The State Commissionerate of Labour is formed to formulate industrial friendly policy to simplify the complexity of various Labour Laws. As part of it, formulation of policy to reduce quantum of inspection that is complaint based inspection under various Labour Laws, simplified and Consolidate Annual Return for various Labour Laws is implemented. The State Commissionerate of Labour is of firm view to have "Umbrella Legislation" for informal sector labour in the state to provide social security and other benefits to informal sector labour which comprises 93% of the total workforce.

State Government has promised to provide stimulating atmosphere to industrial adventurers in the field of capital investment to industries and business. Looking of the globalization and position in the changed condition at the international level. The enforcement machinery of the labour department ensures effective implementation of labour laws and ensuring and protecting the rights of working force provided under various labour laws. Gujarat state is thus provided as a model state in this regard.

List of Approvals/ Licenses/ Inspections by Commissionerate of LabourList of Registrations

1) Registration under Contract Labour Act 2) Registration under Inter State Migrant Workers Act 3) Registration under Self Certification Scheme 4) Registration under The Motor Transport Workers Act, 1961 5) Certification of Draft Standing Orders 6) Registration of Trade Unions

List of Licenses/ Approvals and Certificates1) License under The Contract Labour (Regulation and Abolition) Act, 1970 2) License under The Inter-State Migrant Workmen (Regulation of employment and

conditions of service) Act, 1979

List of Renewals/ Modification1) Renewal of License under ‘Contract Labour Act’ 2) Renewal of ‘Trade Union Registration’

Inspections1) Inspection under The Equal Remuneration Act,19762) Inspection under The Sales Promotion employees (conditions of service) Act, 1976



3) Inspection under The Interstate Migrant Workmen (Regulation of employment and conditions of service) Act, 1979

4) Inspection under The Minimum Wages Act, 19485) Inspection under The Payment of Bonus Act, 19656) Inspection under The Motor Transport Workers Act, 19617) Inspection under The Payment of Gratuity Act, 19728) Inspection under The Contract Labour (Regulation and Abolition) Act, 1970

Returns1) Return under The Equal Remuneration Act , 19762) Return under The Inter-State Migrant Workmen (Regulation of employment and

conditions of service) Act, 19793) Return under The Maternity Benefit Act, 19614) Return under The Minimum Wages Act, 19485) Return under The Payment of Bonus Act, 19656) Return under The Payment of Wages Act, 19367) Return under The Payment of Gratuity Act, 19728) Return under The Contract Labour (Regulation and Abolition) Act, 1970

Others1) Reinstatement 10 (1) (by Commissionerate of Labour)2) Conciliation Cases under Industrial Disputes Act (by Commissionerate of Labour)3) Notice for Layoff/ Closure under Section 25-FFA (1) of Industrial Disputes Act (by

Commissionerate of Labour)



3.2 Directorate of Boilers (A wing of Commissionerate of Labour)Directorate of Boilers is working under the administrative control of the Commissioner of Labour, Gujarat State. The prime function of the Directorate of Boilers is to prevent Boiler accident/explosions during use and to protect life and property from danger of Boiler by the effective implementation of Boiler laws with a view to ensure safe working of Boilers. Thus, Directorate of Boilers to promote the safety of Boilers, Inspection technology and provide complete awareness of the Boiler management system. Vigorous inspections and follow up actions by the Directorate officers’ enhanced status of safety have been achieved. As Comparing with previous three years it is noticed that there is no any fatal accidents occurred in Boilers in the state. Also Directorate of Boilers conduct Boiler Operation Engineers' and Boiler Competency Examination by the Boiler Examination Board to maintain industrial safety goals by providing skilled, competent manpower, and to promote steam plant operative personnel working in industries for their development.

Director of Boilers, Gujarat State, working as a various roles as a head of Boiler Wing in the state as well as Boiler Registering Authority, as an Appellate authority, as a Inspecting Authority, as a Competent Authority, as a Technical member of Central Boilers Board and Chairman of Boiler Examination Board of the Gujarat State etc.

The Directorate of Boilers has taken many positive initiatives for Boiler owners. Like

As per The Boiler (amendment) Act-2007, Boiler users have been given options to choose for Inspection & Certification of Boilers and Boiler components during manufacturing, Erection and use by the Competent Person of Third Party Inspection Authority other than state Directorate of Boilers.

Moreover, Industries can take the benefits of Government's Self- Certification cum Consolidated Annual Report Scheme, which was introduced under the liberal policy of Government. This scheme is optional.

Option of Third Party Inspection Agency recognized by the State Government.

List of Approvals/ Licenses/ Inspections by Directorate of Boilers

List of Registrations1) Registration for Boiler 2) Registration for Economizer 3) Registration for Manufacturing Workshop under IBR-1950 4) Boiler, Economizer, Steam Pipeline/ Erector/ Fabricator/ Repairer’s Registration

List of Licenses/ Approvals and Certificates1) Product inspection and certificate during manufacturing 2) NOC for non-IBR Boilers 3) Welder Qualification Certificate 4) Extension from Inspection U/Regulation-376 of IBR 1950 5) Approval for Manufacturing design and Drawing 6) Approval for Repairs permission 7) Approval for Modification and up gradation 8) Approval for Steam pipeline drawing and fabrication 9) Approval for RLA Activity



10) Approval for NDT and DT Reports

Inspections1) Inspection of Boiler 2) Inspection of Economizer 3) Inspection of Manufacturing workshop under IBR-1950 4) Inspection of Boiler, Economizer, Steam Pipeline/ Erector/ Fabricator/ Repairer’s 5) Boiler Inspection for Exemption under Section-34 6) Product manufacturing stages inspection request

Returns1) Return under The Indian Boiler Act, 1923

Others1) Boiler/ Economizer Expiry Intimation 2) Boiler Ownership Transfer 3) Boiler Scrap Intimation



3.3 Directorate of Industrial Safety and Health (DISH)The Director, Industrial Safety and Health, Gujarat State has been implementing various labour laws for the betterment and upliftment of weaker section of the society i.e., industrial and construction workers. Labour legislations being the part of social securities the department follows the guidelines issued by I.L.O in the form of various conventions from time to time.

The mission of the department is to have effective implementation of various legislations enforced by it and also to protect health and safety of workers. It is also to ensure that such workers work in best possible working conditions and their basic needs are satisfied. To eradicate the pain and agony of workers, special emphasis is laid on accident prevention. So that we may not have a society of sick and injured people.

Factory wing is headed by Director, Industrial safety and Health, Gujarat State. For efficient administration and effective control state is divided in to four regions namely Ahmedabad, Vadodara, Surat and Rajkot. These regions are under control of Joint Director, Industrial Safety & Health.

List of Approvals/ Licenses/ Inspections by Directorate of Industrial Safety and Health

List of Licenses/ Approvals and Certificates1) New Factory License 2) Plan Approval 3) Site Registration under Buildingand Other Construction Workers

List of Renewals/ Modification1) Renewal of Factory License 2) Amendment or Transfer of Factory License

Inspections1) Inspection under The Factories Act, 1948 2) Inspection under The Payment of Wages Act, 1936 3) Inspection under The Maternity Benefit Act, 1961

Returns1) Return under The Factories Act, 1948

Others1) Cancellation of Factories License 2) Intimation of Accidents



4. Detailed Process Flows for various applications

4.1 Commissionerate of LabourA. Process of Registration of Principal Employer under Contract Labour ActProcess Flow

Checklist1. Copy of challan according to no of labourers

2. Copy of Pan Card

3. Latest copy of agreement/work order with contractor

4. Copy of registration under factory act/shops and establishment act.

TimelineMaximum Number of Days after complete application is submitted: 90 Days



B. Process of Granting licenses under Contract Labour ActProcess Flow

Checklist1. Principal employer certificate (Form 5) (Refer rule 21(2))2. Security deposit challan3. License fee challan4. Work order/Agreement with principal employer5. PAN card copy6. Copy of P.F. registration no7. Copy of E.S.I registration no

TimelineMaximum Number of Days to complete application: 90 Days



C. Process of Renewal of license under Contract Labour ActProcess Flow

Checklist1. License fee challan2. Work order/Agreement with principal employer (Latest copy of contract or work order)3. Copy of Old License




D. Process of Registration under Self Certification SchemeProcess Flow

Checklist1. True copy of certificate of register2. Scan Copy of registration certificate under contract labour act 1970 (if applicable)3. Scan Copy of DD / Cheque4. If Contractor, Scan copy of contract license




E. Process of Registration under Motor Transport Workers ActProcess Flow

Checklist1. Copy of PAN Card 2. P.F. Allotment Number (if Applicable)3. Copy of Partnership Deed/ Registration under Shops and Establishment Act




F. Process of Registration of Principal Employer Under Interstate Migrant Workmen ActProcess Flow

Checklist1. Copy of PAN Card




G. Process of Granting License under Interstate Migrant Workmen ActProcess Flow

Checklist1. Principal employer certificate (Form 6)2. Parent State Certificate for each worker3. License fee challan4. Work order/Agreement with principal employer5. PAN card copy of contractor




H. Process of Renewal of License under Interstate Migrant Workmen ActProcess Flow

Checklist1. License fee challan2. Work order/Agreement with principal employer3. Copy of Previous license




I. Certification of Standing OrdersProcess Flow

Checklist1. Draft Standing Orders




J. Process of addressing queries under – Commissioner of LabourProcess Flow



K. Process of sorting queries regarding Strikes and LockoutProcess Flow



L. Process of Addressing Applications pertaining to Non Payment of GratuityProcess Flow



4.2 Directorate of BoilersA. Process of Registration of Boiler/ EconomizerProcess Flow

Checklist1 Application on Letterhead2 Boiler/ Economizer maker file (eg. Form 2, 3, 4 and 4-A, Design Drawing)3 Mountings and Fittings IBR Certificates4 Fee in form of Treasury Chalans




B. Process of Renewal of Registration of Boiler/ EconomizerProcess Flow

Checklist1. Application on Letterhead stating Boiler Registration Number2. Fee in form of Treasury Chalans3. Previous Certificate




C. Process of obtaining NOC for BoilerProcess Flow

Checklist1. Application on Letterhead 2. Fee in form of Treasury Chalans for Volumetric Tests3. OEM’s Construction Drawing4. Boiler’s/ Equipment’s Volumetric Capacity Certificate from OEM




D. Process of Recognition of Manufacturing workshopsProcess Flow

Checklist1. Application form2. Staff List3. List of Available Machines 4. Facilities5. List of Technical/ Qualified Persons6. Work Experience7. Proof of Ownership8. Directors’/ Proprietors’ information




E. Process of Stage Inspection of Product ManufacturingProcess Flow

Checklist1. Application with standing Job Number, Construction fee, Approved Drawing

Number

2. Manufacturing Approval and Validity

a) Type of product

b) Capacity and Pressure

c) Material Grade

3. Welders Approval (Form XIII) and Validity

4. Construction Fee in form of Treasury Chalaan (Original)

5. Approved Manufacturing Drawings

6. Latest calibrated instruments and testing facility

7. Original IBR material test certificates in form 3 and 4




F. Process of Initial Qualification of WeldersProcess Flow

Checklist1. Application from IBR approved firm containing all details of Welder

2. 2 passport size photographs of welder

3. Proof of age

4. Proof of qualification

5. Experience certificate

6. Few in form of Treasury Chalaan (Original)

7. Form XII (to be filled by ADoB or DDoB) and Signature of Welder in presence of ADoB/ DDoB

8. Material identification reports with test certificates

9. Reports SR Chart/ RT Reports/ Destructive test results




G. Transfer of Boiler Recordsfrom other state to Gujarat/ Gujarat to Other StateProcess Flow

Checklist1. Submission of application with last certificate of Boiler

2. Letter from Seller

3. On receipt of letter from DoB/CIB of concerned State




4.3 Directorate of Industrial Safety and Health (DISH)A. Process of Obtaining a New Factory LicenseProcess Flow

Checklist1. Form No. 2

2. Form No. 3

3. License Fees as per GFR

4. Stability certificate issued by competent person in form No. 1A

5. Proof for installed H.P. (Electricity Bill)

6. Proof for strength of workers (Attendance Register Form No.28)

7. Proof of Manager (Appointment Letter, Residence Proof and Photo ID)

8. Proof of ownership building or land

a) GIDC allotment letter

b) Letter of approval of construction by local authority

c) Sale deed



d) Lease deed

e) Form No. 7 / 12 of Gram Panchayat

9. Proof of Occupier with Residence Proof and Photo ID

a) Partnership deed

b) Memorandum of Article of Association, Form No. 32 of ROC

c) Appointment letter of Occupier for Government owned factories

d) Other documents

10. GPCB consent / NOC

11. List of raw material, finished goods

12. Flow process chart

13. Process description




B. Process of Renewal of Factory LicenseProcess Flow



3. Photo I. D. and residence proof of Manager

4. Photo I. D. and residence proof of Occupier







C. Process of Plan ApprovalProcess Flow


2. Questionnaires Form prescribed by DISH

3. Drawings

4. Proof of ownership building or land

a. GIDC allotment letter

b. Letter of approval of construction by local authority

c. Sale deed

d. Lease deed

e. Form No. 7 / 12 of Gram Panchayat

5. Proof of Occupier



a. Partnership deed

b. Memorandum of Article of Association

c. Appointment letter of Occupier for Government owned factories

d. Other documents

6. Schedule – VII with MSDS for chemical factory

7. GPCB consent / NOC



10. Process description with parameter

11. Fire load calculation as per Rule 66 A

12. Details of firefighting equipment

Note: At the time of physical submission two sets of drawing required.




D. Process of Amendment or Transfer of Factory LicenseProcess Flow


2. Form No. 3


4. Proof for changed in installed H.P. (Electricity Bill of the month in which changed in installed H.P. occurred and previous month)

5. Proof for strength of workers (Attendance Register Form No.28 of the month in which changed in workers strength occurred and previous month)

6. Photo I. D. and residence proof of Manager

7. Proof of change of ownership of factory

a) GIDC allotment letter

b) Sale deed

c) Lease deed



d) NOC of previous license holder

8. Photo I. D. and residence proof of Changed Occupier

a) Partnership deed

b) Memorandum of Article of Association, Form No. 32

c) Appointment letter of Occupier for Government owned factories

d) Other documents







E. Process of Cancellation of Factory LicenseProcess Flow

Checklist1. Format prescribed under GFR Rule 113

2. Detail of payment of legal dues to workers under Factories Act

3. Original Factory license

4. Muster roll copy of the last date when factory closed or muster roll copy of preceding twelve months if factory is not amenable





F. Building and Other Construction Workers Site RegistrationProcess Flow

Checklist1. Proof of residential address of signatory

2. Proof of establishment (by principal employer/ contractor)

3. Copy of Muster Roll showing employment of building workers (by principal employer/ Contractor)



5. Important Links

1. Labour and Employment Department:

http://www.labour.gujarat.gov.in/

2. Commissioner of Labour:

http://col.gujarat.gov.in/

3. Director of Industrial Safety and Health:

http://dish.gujarat.gov.in/

4. Director of Boilers:

http://boiler.gujarat.gov.in/

5. Commissioner of Rural Labour:

http://rlc.gujarat.gov.in/

6. Ministry of Labour and Employment, Government of India

http://labour.nic.in

7. Labour Bureau, Government of Indiahttp://labourbureau.nic.in/


http://labourbureau.nic.in/

http://labour.nic.in/

http://rlc.gujarat.gov.in/

http://boiler.gujarat.gov.in/

http://dish.gujarat.gov.in/

http://col.gujarat.gov.in/

http://www.labour.gujarat.gov.in/

Documents

Labour and Employment Department - Gujaratcol.gujarat.gov.in/images/Labour-Deaprtment-Checklist... · Web viewThe Principal Secretary is the head of the Labour & Employment Department