Manual on Applications under Labour & …...2015/02/18 · • The Minimum Wages Act, 1948 & The Minimum Wages (Gujarat) Rules 1961 • The Payment Of Bonus Act, 1965 & The Payment

`Manual on Applications under Labour & Employment Department, Gujarat

Application Manual for Labour & Employment Department Directorate of Boilers

Ease of Doing Business 2016 Page | 2

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............. 7

3.1 Commissionerate of Labour .................................................................................................. 7

List of Approvals/ Licenses/ Inspections by Commissionerate of Labour ................................... 7

List of Registrations................................................................................................................. 7 List of Licenses/ Approvals and Certificates .......................................................................... 7

List of Renewals/ Modification................................................................................................. 7

Inspections ............................................................................................................................... 7

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

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

3.2 Directorate of Boilers (A wing of Commissionerate of Labour) ............................................. 9

List of Registrations/ Approvals/ Licenses/ Inspections by Directorate of Boilers ....................... 9 List of Registrations................................................................................................................. 9

List of Licenses/ Approvals and Certificates .......................................................................... 9

Inspections under Boilers Act, 1923 .......................................................................................10

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

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

3.3 Directorate of Industrial Safety and Health (DISH) .............................................................. 11

List of Licenses/ Approvals and Certificates...........................................................................11 List of Renewals/ Modification............................................................................................... 11

Inspections ..............................................................................................................................11

Returns ...................................................................................................................................11

Others .....................................................................................................................................11

4. Detailed Process Flows for various applications ................................................................... 12

4.1 Directorate of Boilers .........................................................................................................12

A. Process of Registration of Boiler/ Economiser ............................................................. 12



B. Process of Renewal of Certification of Boiler/ Economiser ..................................................14 C. Process of obtaining NOC for Boiler ...................................................................................15

D. Process of Recognition of Manufacturing workshops ..........................................................16

E. Process of Stage Inspection of Product Manufacturing........................................................17

F. Process of Initial Qualification of Welders............................................................................19

G. Transfer of Boiler Records from other state to Gujarat/ Gujarat to Other State .................. 20

5. Important Links.........................................................................................................................21



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 The Boiler Act, 1923 which includes -

• Indian Boiler Regulation, 1950 • Gujarat Boiler Rules, 1966 • Gujarat Economiser Rules, 1968 • Boiler Operation Engineers’ Rules, 2011 • Boiler Attendants’ Rules, 2011

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 Contrac t Labour Ac t 2) Registration under Inter State Migrant W orkmen Ac t 3) Registration under Self Certification Schem e 4) Registration under The Motor Trans port W orkers Ac t, 5) Certification of Draft Standing Orders

List of Licenses/ Approvals and Certificates 1) Licens e under The Contrac t Labour (Regulation and Abolition) Act, 1970 2) Licens e under The Inter-State Migrant W orkmen (Regulation of em ployment and

conditions of service) Ac t, 1979

List of Renewals/ Modification 1) Renewal of Licens e under ‘Contrac t Labour Ac t’

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.

Also Directorate of Boilers conduct Boiler Operation Engineers' and Boiler Attendant 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, 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/ Econom izer 2) Registration/Recognition of Firm as IBR

Manufacturer/Erector/Fabricator/Repairer for Boiler and Boiler Components

List of Licenses/ Approvals and Certificates 1) Renewal of Certification of Boiler/ Economizer 2) Renewal of Recognition of Workshop / Firm under IBR 1950 as IBR

Manufacturer/Erector/Fabricator/Repairer of Boiler and Boiler Components 3) Product inspection during manufacturing and its Certification as per IBR 1950 4) NO C for non-IB R Boilers



5) W elder Qualification Certificate 6) Boiler Operation Engineer Certificate 7) Boiler Attendant-Class-I Certificate 8) Boiler Attendant-Class-II Certificate 9) Endorsement of Certificate under the Boiler Act 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 under Boilers Act, 1923

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

Returns 1) Return under The Boilers Act, 1923

Others 1) Boiler/ Econom izer Ownership Trans fer 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 Fac tory Licens e 2) Plan Approval 3) Site Registration under Building and Other Cons truc tion W orkers

List of Renewals/ Modification 1) Renewal of Fac tory Licens e 2) Amendm ent or Trans fer of Fac tory Licens e

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) Canc ellation of Fac tories Licens e 2) Intimation of Accidents



4. Detailed Process Flows for various applications 4.1 Directorate of Boilers A. Process of Registration of Boiler/ Economiser

Process Flow

Application with required Fees and Documents Prevailed Fee to be paid according to Notification on website of Directorate of Boilers

Fix the date of Inspection application Inform owner at least 10 days before inspection

Inspection of Boilers

Submit Report to Chief Inspector of Boilers (CIB) To be submitted within 7 days of inspection

Scrutiny of report by CIB

Not Satisfactory

Satisfactory

Registration i.e. issue a P.O.

Assign a registry number

Certificate issued for not more than 12 Months (For unfired boilers, max time: 24 months)

Intimate inspector

Permanently mark on boiler

Communicate to owner

Communicate to owner with reasons



Checklist 1 Application on Letterhead 2 Boiler/ Economiser maker file (e.g. Form II, III, IV and IV-A, Design Drawing) 3 Mountings and Fittings IBR Certificates 4 Fee in the form of Treasury Challans

Timeline Maximum Number of Days to complete application: 30 Days



B. Process of Renewal of Certification of Boiler/ Economiser Process Flow

Checklist 1. Application on Letterhead stating Boiler Registration Number 2. Fee in form of Treasury Challans 3. Previous Certificate




C. Process of obtaining NOC for Boiler Process Flow

Checklist 1. Application on Letterhead 2. Fee in form of Treasury Challans for Volumetric Tests 3. OEM’s Construction Drawing 4. Boiler’s/ Equipment’s Volumetric Capacity Certificate from OEM


Issue Probationary order

Issue NOC

Application with specified Fees and Documents

Date of Inspection fixed by concerned officer

Not Satisfactory

Volumetric Test

Satisfactory



D. Process of Recognition of Manufacturing workshops Process Flow

Checklist

1. Application form 2. Staff List 3. List of Available Machines 4. Facilities 5. List of Technical/ Qualified Persons 6. Work Experience 7. Proof of Ownership 8. Directors’/ Proprietors’ information




E. Process of Stage Inspection of Product Manufacturing Process Flow

Checklist

1. 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 Challan (Original)



Timeline

5. Approved Manufacturing Drawings

6. Latest calibrated instruments and testing facility

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

Maximum Number of Days to complete application: 7 Days



F. Process of Initial Qualification of Welders Process Flow

Checklist Timeline

1. 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 Challan (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 Records from other state to Gujarat/ Gujarat to Other State Process Flow

Checklist Timeline

1. Submission of application with last certificate of Boiler

2. Letter from Seller

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




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.i n/

6. Ministry of Labour and Employment, Government of India

http://l abour.nic.i n

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

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

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

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

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

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

http://labour.nic.in/

http://labourbureau.nic.in/