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1 Commissionerate of Labour Procedure Checklist Timeline 22nd Jan 2016 Updated PDF
1 Commissionerate of Labour Procedure Checklist Timeline 22nd Jan 2016 Updated PDF
Applications under
Labour & Employment
Department,
Gujarat
Application Manual for Labour & Employment Department
Commissionerate of Labour
__________________________________________________________________________________________________________________________________________
Table of Contents
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.
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.
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
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
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.
Inspections
1) 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
Returns
1) Return under The Indian Boiler Act, 1923
Others
1) Boiler/ Economizer Expiry Intimation
2) Boiler Ownership Transfer
3) Boiler Scrap Intimation
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.
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
Process Flow
According to Fee
Notification available on Submit prescribed fee
department website
• Issued by Asst.
Commissioner of Labour
for Single Districts
• If more than one district
falls under the purview,
Registration Certificate Registration Certificate Issued (Form 2)
issued by Additional
Commissioner of Labour
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
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
C. Process of Renewal of license under The Contract Labour (Regulation & Abolition)
Act, 1970
Process Flow
Fees according to
Notification available on Submit prescribed fee
department website
Checklist
1. License fee challan
2. Work order/Agreement with principal employer (Latest copy of contract or work order)
3. Copy of Old License
Timeline
Maximum Number of Days after complete application is submitted: 90 Days
Fees according to
Notification available on Submit prescribed fee
department website
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
Timeline
Maximum Number of Days after complete application is submitted: 90 Days
Fee: INR 10
Submit prescribed fee
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.
Timeline
Maximum Number of Days after complete application is submitted: 90 Days
Fees according to
Notification available on Submit prescribed fee
department website
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.
Timeline
Maximum Number of Days after complete application is submitted: 90 Days
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
Timeline
Maximum Number of Days after complete application is submitted: 90 Days
Fees according to
Notification available on Submit prescribed fee
department website
Checklist
1. License fee challan
2. Work order/Agreement with principal employer
3. Copy of Previous license
Timeline
Maximum Number of Days after complete application is submitted: 90 Days
I. Certification of Standing Orders under The Industrial Employment Standing Order Act,
1946
Process Flow
Within 15 days of
application if there is a Asst. Labour Commissioner calls all
labour union Else, ALC concerned parties
takes 30 days to identify 5
representatives from
Labourers
Certify Order
Checklist
1. Draft Standing Orders
Timeline
Maximum Number of Days after complete application is submitted: 90 Days
Timeline
Maximum Number of Days after complete application is submitted: 90 Days
Process Flow
If fails
If fails Issue If fails Issue dealt by
Try to sort addressed to
out the Deputy
Asst. Commissioner
problem Commissioner
Process Flow
Timeline
Maximum Time after completion application is submitted: 6 months
5. Important Links