1 Commissionerate of Labour Procedure Checklist Timeline 22nd Jan 2016 Updated PDF

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
Ease of Doing Business 2016 Page | 2

__________________________________________________________________________________________________________________________________________
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
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
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
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. 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 Registrations
1) 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

1) 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
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

__________________________________________________________________________________________________________________________________________
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
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

A. Process of Registration of Principal Employer under The Contract Labour (Regulation
& Abolition) Act, 1970
Process Flow
Prescribed Form (Available

Application by Industry
on department website)
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
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
Prescribed Form (Available Undertaking by the Industry

INR 270 per worker

(refundable) + license fees Submit prescribed fee/ Security deposit
Apply for license
Work order of principal employer to be

submitted along with the application
10 or more contract labourers?
License granted for maximum period of

1 year
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

on department website) Application by contractor
Fees according to
department website
Renewal Certificate Issued by Asst.

Commissioner of Labour for
maximum period of 1 year
Checklist
2. Work order/Agreement with principal employer (Latest copy of contract or work order)
3. Copy of Old License
Timeline

__________________________________________________________________________________________________________________________________________
D. Process of Registration under Self Certification Scheme

Process Flow

Application by Industry/Establishment
Fees according to
department website
Registration Certificate Issued by

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

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

Process Flow

Fee: INR 10
Submit prescribed fee

Chief Inspector of Motor Transport
Workers Act
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

__________________________________________________________________________________________________________________________________________
F. Process of Registration of Principal Employer Under The Interstate Migrant Workmen

(Regulation of employment and conditions of service) Act, 1979
Process Flow

Fees according to
department website

Asst. Commissioner of Labour
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

__________________________________________________________________________________________________________________________________________
G. Process of Granting License under The Interstate Migrant Workmen (Regulation of

employment and conditions of service) Act, 1979
Process Flow
Prescribed Form (Available on Submit Application form

department website)
INR 90 per worker+ license Submit prescribed fee/ Security deposit

fees
Apply for license
License granted for maximum period of 1

year
Checklist
1. Principal employer certificate (Form 5)
2. Parent State Certificate for each worker
3. License fee challan / deposit challan.
5. PAN card copy of contractor
Timeline

__________________________________________________________________________________________________________________________________________
H. Process of Renewal of License under The Interstate Migrant Workmen (Regulation of

employment and conditions of service) Act, 1979
Process Flow

Application by Establishment/ Contractor
Fees according to
department website
License Issued by Asst. Commissioner of

Labour for maximum period of 1 year
Checklist
3. Copy of Previous license
Timeline

__________________________________________________________________________________________________________________________________________
I. Certification of Standing Orders under The Industrial Employment Standing Order Act,
1946
Process Flow
As prescribed under The

Industrial Employment Company submits draft Standing
Standing Order Act, 1946 Orders to Asst. Labour Commissioner
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

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

Process Flow
Timeline

__________________________________________________________________________________________________________________________________________
K. Process for resolving Labour Situation like Strike and Lockout.
Process Flow
District level officer

responds within 24 hours of
receiving a complaint
Visit of factory by the Govt.

Labour officer
Collection of first stage

information The Strike/
Lockout is
Prohibited
Meeting with workers and
management
If fails
If fails Issue If fails Issue dealt by
Try to sort addressed to
out the Deputy
Asst. Commissioner
problem Commissioner
Issue Sorted Issue Sorted Issue Sorted

__________________________________________________________________________________________________________________________________________
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/

1 Commissionerate of Labour Procedure Checklist Timeline 22nd Jan 2016 Updated PDF

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

1 Commissionerate of Labour Procedure Checklist Timeline 22nd Jan 2016 Updated PDF

Uploaded by

Copyright:

Available Formats

Manual on

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

Ease of Doing Business 2016 Page | 2

Ease of Doing Business 2016 Page | 3

1. Introduction to the Department

• Director of Employment and Training

Ease of Doing Business 2016 Page | 4

2. Acts Implemented by Department of Labour and

2.1 Commissionerate of Labour

2.2 Directorate of Boilers

2.3 Directorate of Industrial Safety and Health

Ease of Doing Business 2016 Page | 5

3. List of Approvals/ Licenses/ Inspections by Department

of Labour and Employment

3.1 Commissionerate of Labour

List of Approvals/ Licenses/ Inspections by Commissionerate of Labour

List of Licenses/ Approvals and Certificates

List of Renewals/ Modification

Ease of Doing Business 2016 Page | 6

Ease of Doing Business 2016 Page | 7

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

List of Approvals/ Licenses/ Inspections by Directorate of Boilers

List of Licenses/ Approvals and Certificates

Ease of Doing Business 2016 Page | 8

Ease of Doing Business 2016 Page | 9

3.3 Directorate of Industrial Safety and Health (DISH)

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

List of Renewals/ Modification

Ease of Doing Business 2016 Page | 10

4. Detailed Process Flows for various applications

4.1 Commissionerate of Labour

Prescribed Form (Available

Ease of Doing Business 2016 Page | 11

Prescribed Form (Available Undertaking by the Industry

INR 270 per worker

Apply for license

Work order of principal employer to be

10 or more contract labourers?

License granted for maximum period of

Ease of Doing Business 2016 Page | 12

Prescribed Form (Available

Renewal Certificate Issued by Asst.

Ease of Doing Business 2016 Page | 13

D. Process of Registration under Self Certification Scheme

Prescribed Form (Available

Registration Certificate Issued by

Ease of Doing Business 2016 Page | 14

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

Prescribed Form (Available

Registration Certificate Issued by

Ease of Doing Business 2016 Page | 15

F. Process of Registration of Principal Employer Under The Interstate Migrant Workmen

Prescribed Form (Available

Registration Certificate Issued by

Ease of Doing Business 2016 Page | 16

G. Process of Granting License under The Interstate Migrant Workmen (Regulation of

Prescribed Form (Available on Submit Application form

INR 90 per worker+ license Submit prescribed fee/ Security deposit

Apply for license

License granted for maximum period of 1

Ease of Doing Business 2016 Page | 17

H. Process of Renewal of License under The Interstate Migrant Workmen (Regulation of

Prescribed Form (Available