manual on applications under labour & employment ... · pdf fileapplication manual for...

Manual on Applications under

Labour & Employment

Department,

Gujarat

Application Manual for Labour & Employment Department Commissionerate of Labour

__________________________________________________________________________________________________________________________________________

Table of Contents

Table of Contents ............................................................................................................. 2

1. Introduction to the Department ..................................................................................... 4

2. Acts Implemented by Department of Labour and Employment ......................................... 5

2.1 Commissionerate of Labour ...................................................................................... 5

2.2 Directorate of Boilers ................................................................................................ 5

2.3 Directorate of Industrial Safety and Health .................................................................. 5

3. List of Approvals/ Licenses/ Inspections by Department of Labour and Employment .......... 6

3.1 Commissionerate of Labour ...................................................................................... 6

List of Approvals/ Licenses/ Inspections by Commissionerate of Labour ............................. 6

List of Registrations ..................................................................................................... 6

List of Licenses/ Approvals and Certificates ................................................................... 6

List of Renewals/ Modification ...................................................................................... 6

Inspections ................................................................................................................. 6

Returns ...................................................................................................................... 7

Others ........................................................................................................................ 7

3.2 Directorate of Boilers (A wing of Commissionerate of Labour) ...................................... 8

List of Registrations ..................................................................................................... 8

List of Licenses/ Approvals and Certificates ................................................................... 8

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

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

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

3.3 Directorate of Industrial Safety and Health (DISH) ..................................................... 10

List of Licenses/ Approvals and Certificates ................................................................. 10

List of Renewals/ Modification .................................................................................... 10

Inspections ............................................................................................................... 10

Returns .................................................................................................................... 10

Others ...................................................................................................................... 10

4. Detailed Process Flows for various applications ........................................................... 11

4.1 Commissionerate of Labour .................................................................................... 11


__________________________________________________________________________________________________________________________________________

A. Process of Registration of Principal Employer under The Contract Labour (Regulation & Abolition) Act ......................................................................................................... 11

B. Process of Granting licenses under The Contract Labour (Regulation & Abolition) Act . 12

C. Process of Renewal of license under The Contract Labour (Regulation & Abolition) Act13

D. Process of Registration under Self Certification Scheme .......................................... 14

E. Process of Registration under The Motor Transport Workers Act ............................... 15

F. Process of Registration of Principal Employer Under The Interstate Migrant Workers Act ........................................................................................................................... 16

G. Process of Granting License under The Interstate Migrant Workers Act ..................... 17

H. Process of Renewal of License under The Interstate Migrant Workers Act ................. 18

I. Certification of Standing Orders under The Industrial Employment Standing Order Act . 19

J. Process of addressing complaints under various Labour Laws. .................................. 20

K. Process for resolving Labour Situation like Strike and Lockout. ................................. 21

L. Process of Addressing Applications pertaining to Non Payment of Gratuity under........ 22

5.Important Links ............................................................................................................. 23


__________________________________________________________________________________________________________________________________________

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 & 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 & 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 Labour List of Registrations

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

List of Licenses/ Approvals and Certificates 1) 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/ Modification 1) Renewal of License under ‘Contract Labour Act’

Inspections 1) Inspection under The Minimum Wages Act, 1948 2) Inspection under The Contract Labour (Regulation and Abolition) Act, 1970 3) Inspection under The Payment of Bonus Act, 1965 4) Inspection under The Payment of Gratuity Act, 1972 5) Inspection under The Equal Remuneration Act,1976 6) Inspection under The Motor Transport Workers Act, 1961


__________________________________________________________________________________________________________________________________________

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

Returns 1) Return under The Minimum Wages Act, 1948 2) Return under The Contract Labour (Regulation and Abolition) Act, 1970 3) Return under The Payment of Bonus Act, 1965 4) Return under The Inter-State Migrant Workmen (Regulation of employment and

conditions of service) Act, 1979

Others 1) 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) 4) Registration of Trade Union


__________________________________________________________________________________________________________________________________________

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.

Director of Boilers, Gujarat State, performs various roles i.e. head of Boiler Wing in the state as well as Boiler Registering Authority, as an Appellate authority, as an 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 Return 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 Registrations/ Approvals/ Licenses/ Inspections by Directorate of Boilers

List of Registrations 1) Registration for Boiler/ Economizer 2) Registration/Recognition of Firm as IBR Manufacturer/Erector/Fabricator/Repairer for

Boiler and Boiler Components 3) Registration for Manufacturing Workshop under IBR-1950 4) Boiler, Economizer, Steam Pipeline/ Erector/ Fabricator/ Repairer’s Registration

List of Licenses/ Approvals and Certificates 1) Renewal of Certification of Boiler/ Economizer 2) Renewal of Recognition of Firm as IBR Manufacturer/Erector/Fabricator/Repairer for

Boiler and Boiler Components 3) Product inspection during manufacturing and its Certification as per IBR 1950 4) NOC for non-IBR Boilers 5) Welder Qualification Certificate 6) Boiler Operation Engineer’s Application 7) Boiler Attendant-Class-I’s Application 8) Boiler Attendant-Class-II’s Application


__________________________________________________________________________________________________________________________________________

9) Certificate endorsement 10) Design Calculation & Drawing Approvals of Boiler and Boiler Components 11) Approvals for Repairs/Modification/Up gradation of Boiler/Economiser 12) Approval for Steam Pipe Line Drawing & Fabrication 13) Approval for R.L.A. Activity 14) Approval for NDT & DT reports

Inspections 1) Inspection of Boiler/Economiser 2) Firm/Workshop under IBR-1950 3) IBR Product Mfg. Stage wise Inspection

Returns 1) Return under The Boiler Act, 1923

Others 1) Boiler/ Economizer Ownership Transfer 2) Boiler/Economiser Scrap intimation 3) As per RTI Act, 2005 4) General Complaints 5) General Information (FAQ)


__________________________________________________________________________________________________________________________________________

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 Certificates 1) New Factory License 2) Plan Approval 3) Site Registration under Building and Other Construction Workers

List of Renewals/ Modification 1) Renewal of Factory License 2) Amendment or Transfer of Factory License

Inspections 1) Inspection under The Factories Act, 1948 2) Inspection under The Payment of Wages Act, 1936 3) Inspection under The Maternity Benefit Act, 1961

Returns 1) Return under The Factories Act, 1948

Others 1) Cancellation of Factories License 2) Intimation of Accidents


__________________________________________________________________________________________________________________________________________

4. Detailed Process Flows for various applications

4.1 Commissionerate of Labour A. Process of Registration of Principal Employer under The Contract Labour (Regulation & Abolition) Act, 1970

Process Flow

Checklist 1. 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.

Timeline Maximum Number of Days after complete application is submitted: 90 Days

Submit prescribed fee

Application by Industry

Registration Certificate Issued (Form 2)

Prescribed Form (Available on department website)

According to Fee Notification available on department website

• Issued by Asst. Commissioner of Labour for Single Districts

• If more than one district falls under the purview, Registration Certificate issued by Additional Commissioner of Labour


__________________________________________________________________________________________________________________________________________

B. Process of Granting licenses under The Contract Labour (Regulation & Abolition) Act, 1970

Process Flow

Checklist 1. Principal employer certificate (Form 5) (Refer rule 21(2)) 2. Security deposit challan 3. License fee challan 4. Work order/Agreement with principal employer 5. PAN card copy 6. Copy of P.F. registration no 7. Copy of E.S.I registration no

Timeline Maximum Number of Days to complete application: 90 Days

Submit prescribed fee/ Security deposit

Undertaking by the Industry

Work order of principal employer to be submitted along with the application

Apply for license

10 or more contract labourers?

License granted for maximum period of 1 year


INR 270 per worker (refundable) + license fees


__________________________________________________________________________________________________________________________________________

C. Process of Renewal of license under The Contract Labour (Regulation & Abolition) Act, 1970

Process Flow

Checklist 1. License fee challan 2. Work order/Agreement with principal employer (Latest copy of contract or work order) 3. Copy of Old License



Application by contractor

Renewal Certificate Issued by Asst. Commissioner of Labour for maximum period of 1 year


Fees according to Notification available on department website


__________________________________________________________________________________________________________________________________________

D. Process of Registration under Self Certification Scheme

Process Flow

Checklist 1. True copy of certificate of registration under The Factories Act. 1947 / The Gujarat shops

& Establishment Act 1948. 2. Scan Copy of registration certificate under The Contract Labour Act 1970 (if applicable) 3. Scan Copy of DD / Cheque 4. If Contractor, Scan copy of contract license



Application by Industry/Establishment

Registration Certificate Issued by Commissioner of Labour




__________________________________________________________________________________________________________________________________________

E. Process of Registration under The Motor Transport Workers Act, 1961

Process Flow

Checklist 1. Copy of PAN Card 2. P.F. Allotment Number (if Applicable) 3. Copy of Partnership Deed/ Registration under The Gujarat shops & establishment Act

1948.




Registration Certificate Issued by Chief Inspector of Motor Transport

Workers Act


Fee: INR 10


__________________________________________________________________________________________________________________________________________

F. Process of Registration of Principal Employer Under The Interstate Migrant Workmen (Regulation of employment and conditions of service) Act, 1979

Process Flow

Checklist 1. Copy of PAN Card 2. Challan 3. Work order 4. True copy of certificate of registration under The Factories Act, 1947 / The Gujarat shops

& establishment Act 1948.




Registration Certificate Issued by Asst. Commissioner of Labour




__________________________________________________________________________________________________________________________________________

G. Process of Granting License under The Interstate Migrant Workmen (Regulation of employment and conditions of service) Act, 1979

Process Flow

Checklist 1. Principal employer certificate (Form 5) 2. Parent State Certificate for each worker 3. License fee challan / deposit challan. 4. Work order/Agreement with principal employer 5. PAN card copy of contractor


Submit prescribed fee/ Security deposit

Submit Application form

Apply for license

License granted for maximum period of 1 year


INR 90 per worker+ license fees


__________________________________________________________________________________________________________________________________________

H. Process of Renewal of License under The Interstate Migrant Workmen (Regulation of employment and conditions of service) Act, 1979

Process Flow

Checklist 1. License fee challan 2. Work order/Agreement with principal employer 3. Copy of Previous license



Application by Establishment/ Contractor

License Issued by Asst. Commissioner of Labour for maximum period of 1 year




__________________________________________________________________________________________________________________________________________

I. Certification of Standing Orders under The Industrial Employment Standing Order Act, 1946

Process Flow

Checklist 1. Draft Standing Orders


Asst. Labour Commissioner calls all concerned parties

Company submits draft Standing Orders to Asst. Labour Commissioner

Certify Order

As prescribed under The Industrial Employment Standing Order Act, 1946

Within 15 days of application if there is a labour union Else, ALC takes 30 days to identify 5 representatives from Labourers


__________________________________________________________________________________________________________________________________________

J. Process of addressing complaints under various Labour Laws.

Process Flow



__________________________________________________________________________________________________________________________________________

K. Process for resolving Labour Situation like Strike and Lockout.

Process Flow

Visit of factory by the Govt. Labour officer

District level officer responds within 24 hours of

receiving a complaint

Meeting with workers and management

Collection of first stage information

Try to sort out the problem

Issue Sorted

Issue addressed to

Asst. Commissioner

Issue Sorted

Issue dealt by Deputy

Commissioner

Issue Sorted

The Strike/ Lockout is Prohibited

If fails If fails If fails


__________________________________________________________________________________________________________________________________________

L. Process of Addressing Applications pertaining to Non Payment of Gratuity under The Payment Of Gratuity Act, 1972

Process Flow

Timeline Maximum Time after completion application is submitted: 6 months


__________________________________________________________________________________________________________________________________________

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 India http://labourbureau.nic.in/

manual on applications under labour & employment ... · pdf fileapplication manual for...

Documents