FAQ

Which factory need to take license under Factories Act, 1948 ?

Factories Act, 1948 and Gujarat Factories Rules there under are applicable to any premises including the premises.

  • Where Ten or more workers are working or were working on any day of the preceding twelve months and in any part of which a manufacturing process is being carried on with the aid of power or is so ordinarily so carried on.
  • Where twenty or more workers are working or were working on any day of the preceding twelve months and in any part of which manufacturing process is being carried on without aid of power or is ordinarily so carried on
  • All the premises declared as a "Factory" by the State Govt. by notification under section 85 of the Factories Act. 1948 in the Official Gazette.

What is the procedure for applying for the license ?

For new license.

  • License is issued only to the premises where the Act is applicable.
  • A previous permission in writing from the DISH of Factories is to be obtained before any factory building or premises is so constructed, extended or taken into use as a Factory or part of the Factory.
  • Before license can be issued, first of all the plan of factory is approved by Director / Joint Director Industrial Safety and Health and a Certificate of stability issued by the competent person in Form No. I-A has been submitted.
  • License can only be issued after receiving the application for the same with Form No. 2 (Triplicate) for the registration & Form No. 3(Duplicate) for the grant of license with relevant documents accompanied by a treasury Chalan for payment of fees and verifying it by visiting the premises of the factory.
  • License application can also be done online on website www.ifpgujarat.gov.in with online e-payment option.

What is the procedure for applying for the renewal of license ?

Following documents should be submitted for license renewal

  • An application in form No. 3 (Duplicate)
  • Treasury receipt (chalan) of necessary fees.(as per Fees Chart)
  • Original License.
  • Process flow chart
  • Application should reach to the office not later than two months before the date on which the license is due to Expire for late application 25% additional fees is to be paid.
  • Renewal License application can also be done online on website www.dish.gujarat.gov.in with online e-payment option.

What are the requirement for the approval of the plans?

An application for obtaining previous permission for the site on which the factory is to be situated and for the construction or extension of a factory shall be made to the Directorate Industrial Safety and Health Offices.

Application for such permission shall be made in Form No. 1 / Along with Questionnaires Form which shall be accompanied by the following documents:

  • A flow chart of the manufacturing process supplemented by a brief description of the process in its various stages;
  • Plan showing factory building with machinery layout and factory premises with immediate surroundings including adjacent buildings and other structures, roads, drains, etc in duplicate drawing to the scale.
  • For chemical factories material safety data sheet as per schedule-5 (M.S.D.S.) and information as per schedule 7 of all the chemical used.
  • Provisions for the safe disposal of the solid, liquid and gaseous waste arising out of the processes carried out in premises andAnnexure 4,Annexure 6
  • Permission letter from local Authorities and N.O.C. Wherever it is necessary.
  • Application can also be done online on website www.ifpgujarat.gov.in

What are the records required to be maintained?

Following records are required to be maintained by all the factories.

  • Muster Roll ->Form 28
  • Register of Leave with wages ->From 18
  • Register of Accidents, Major Accidents and dangerous occurrences-Form 29
  • Inspection Book for the inspector & certifying person.->Form 31
  • Register of adults workers ->Form 15
  • Wages Register ->Form IIA
  • Health Register ->Form 20 andForm32
  • Testing Reports of lifting tools & tackles (Form 9), lifting appliances (Form 10), pressure vessels (Form 11) etc. carried out by competent person approved under the Act.
  • Overtime Register form for Exempted workers->Form 13
  • Register of working environment monitoring ->Form 37

Which are the returns to be Submitted?

  • Annual Return Form 24 to be submitted on or before 1st Feb. or Consolidated Annual Return (CAR Form) to be submitted before 15th Feb
  • Half yearly Return Form 25 to be submitted on or before 15th July and 15th Jan.

What are the names of the website of labour & Employment Department and Directorate, Industrial Safety & Health ?

The Building and Other Construction Workers (RECS) Act, 1996

What is covered under Building and Other Construction Work?

Building or other construction work means the construction, alteration, repairs, maintenance or demolition of or, in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, wireless, radio, television, telephone telegraph and overseas communication, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqueducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the appropriate Government, by notification but does not include any building or other construction work to which the provisions of the Factories Act, 1948, or the Mines Act, 1952 apply.

Who is known as building worker?

Building worker means a person who is employed to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be expressed or implied, in connection with any building or other construction work but does not include any such person-

  • (i) who is employed mainly in a managerial or administrative capacity; or
  • (ii) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercise, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature

    More over workers working in following categories of work are also known as building workers.

    • Cutting, breaking and crushing of stone
    • Cutting and polishing of slabs / tiles
    • Woodwork including painting, varnishing etc
    • Sewerage and plumbing work
    • Electrical works including wiring, distribution, panel fixing etc.
    • Installation and repair of fire fighting systems
    • Installation and repair of cooling and heating systems
    • Installation of lifts, escalators etc
    • Installation of security gates, devices etc
    • Fabrication and installation of iron / metal grills, windows, doors
    • Construction of water harvesting structures
    • Interior work including carpeting, false ceiling, lighting, plaster of parts
    • Cutting, glazing and installation of glass panels
    • Making of bricks, roofing tiles etc not covered under the Factories Act, 1948
    • Installation of energy efficient equipment like solar panels etc
    • Installation of modular units for use in places such as kitchens
    • Making and installation of pre-fabricated concrete modules etc
    • Construction of sports / recreation facilities including swimming pools, golf courses etc
    • Construction / erection of signage, road furniture, bus shelters/ depots / stands, signaling systems etc
    • Construction of rotaries, installation of fountains etc
    • Construction of public parks, walking tracks, landscaping etc.

When a notice regarding start or finish of construction activities is to be intimated to concern office?

30 days before starting and 30 days after finishing of construction work, employer of the construction site is responsible to send a notice regarding start or completion of the work to the concern office in Form no. IV.

Where the employer of any building and other construction work is supposed to apply for registration of his construction site?

The employer of any building and other construction work is supposed to apply for registration of his construction site to the Directorate Industrial Safety & Health offices within 60 days of the start of construction work.

Note: An application for registration can also be done online on websitewww.ifpgujarat.gov.in with online e-payment option.

What is the applicability criteria for registration of any Building and Other Construction Work?

Any employer carrying out any building and other construction work, if employs 10 or more no. of building workers on such work, then such construction site comes under applicability criteria for registration. But does not include an individual who employs such workers in any building or construction work in relation to his own residence, the total cost of such construction not being more than Rs.10 lakhs.

What is the procedure of applying for registration of Building and Other Construction Work?

The employers has to submit an application containing following documents

  • Form No. 1 for site registration duly filled
  • Treasury receipt challan as fees for site registration
  • Employers residence and photo I.D. proof
  • A copy of work order issued to any contractor / sub contractor (if any)
  • Proof of land possession by the employer
  • Proof of construction permission granted by local authority
  • Copy of muster roll showing employment of building workers on the site

Note: An application for registration can also be done online on websitewww.ifpgujarat.gov.in with online e-payment option.

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