The Gujarat Occupational Safety, Health and Working Conditions Rules have been framed by the State Government to operationalise the Occupational Safety, Health and Working Conditions Code, 2020 in alignment with the Central Rules issued under the Code. These Rules provide the state-level structure necessary to implement the objectives of the Central Code, which was enacted to consolidate multiple labour laws and create a uniform framework for ensuring safe, healthy and humane working conditions across establishments. By adopting the principles, standards and obligations prescribed under the Central Code and Central Rules, the Gujarat Rules lay down detailed procedures relating to registration of establishments, duties of employers and workers, safety management, inspections, reporting and enforcement within the state. They also designate competent state authorities and enforcement mechanisms to ensure effective compliance, thereby bridging the Central legislation with practical administration and regulation at the state level.
Applicability
These rules as per Chapter VIII of the Code are applicable to:
Compliance Requirements under the Rules in Accordance with the Code
Every employer shall maintain register of workers, wages, overtime, fine, deduction for damage or loss in Form 13, shall be kept available at a factory/establishment.
Every employer shall ensure that manual registers and records are legibly maintained in English, Hindi, Gujarati, or the language understood by the majority of employees, and preserved in original for three years from the date of the last entry. If the originals are lost or destroyed within one year, true copies, if available, shall be preserved for the prescribed period.
Every employer shall maintain muster roll of the all workers employed in the factory / establishment in Form 14 showing the name of each workers, the nature of his work and daily attendance of the worker.
Every employer shall ensure that manual registers and records are legibly maintained in English, Hindi, Gujarati, or the language understood by the majority of employees, and preserved in original for three years from the date of the last entry. If the originals are lost or destroyed within one year, true copies, if available, shall be preserved for the prescribed period.
3. Form 17: Register of adult workers in Gujarat(Section 33(a), Rule 30)
Register of adult workers shall be in Form 17. This register shall be written up afresh each year and shall be preserved for a period of twelve months.
4. Form 18: Identity Card to workers in a factory in Gujarat (Section 33, Rule 31)
Manager of every factory shall provide to each worker an identity card with photograph, free of cost, in Form 18 and shall enter the serial number of such card against the name of such worker in the register of adult workers
(1) It shall not be necessary to furnish such identity card to any worker to whom an identity card containing similar particulars and information is furnished under any other law applicable to him.
(2) No worker shall be allowed or required to work in a factory unless he carries while he is at work an identity card.
(3) Every worker shall, on demand by an Inspector-cum-Facilitator appointed for the purposes of the Act, produce the identity card provided to him.
(4) If any worker loses his identity card a duplicate card shall be furnished to him by the Manger immediately on production of a recent passport size photograph by the worker for affixing on it, free of charge.
5. Form 19: Register for Leave with Wages in Gujarat (Section 33(a)(v), Rule 32)
Factory managers must maintain a Leave with Wages Register in Form 19 and preserve it for 3 years. The Leave with Wages Register shall be preserved for a period of three years after the last entry in it and shall be produced before the Inspector-cum-Facilitator on demand.
6. Form 20: Leave Card to be provided to workers in Gujarat (Section 33, Rule 33)
Managers must issue each worker a Leave Card in Form 20, which remains the worker’s property. It may be held by the manager only for record entry and not for more than a week. Lost cards must be replaced free once, then on a no-profit-no-loss basis within 15 days.
7. Display of Form 21 viz. Notice of Wages & Wage Period in an Establishment (Section 33(b), Rule 35)
Every employer/contractor shall display at a conspicuous workplace notice in Form 21 showing establishment details, work hours, wage period, payment dates, accident records (5 years), Inspector’s details, and unpaid wage payment date in English, Hindi, and local language.
A copy of the notice referred to in sub-rule (1) shall be sent to the Inspector-cum-facilitator having jurisdiction and whenever any change occurs relating to facts contained in such notice, such change shall be communicated by the employer or contractor to such Inspector-cum-facilitator.
8. Issue wage slip to workers in Gujarat (Section 33(c))
An employer of an establishment shall issue wage slips to the workers, in electronic forms or otherwise
9. Form 22: Register of accidents, major accidents and dangerous occurrences in Factory/Building/Construction work (Section 33(a)(v), Rule 36)
Manager/ Employer of every factory/Employer of Building or other construction work shall maintain a Register of all accidents and dangerous occurrences which occur in the factory/Building or other construction work in Form 22.
10. Form 23: Annual Return in Gujarat (Section 33(d), Rule 37)
Every employer shall annually submit, in duplicate, Form 23 to the jurisdictional Inspector-cum-Facilitator by 1st February following the calendar year, with a copy to the Director General, Labour Bureau, and DGFASLI, electronically or otherwise.
11. Form 43: Maintenance of Inspection Book in Gujarat (Rule 39(10))
The manager of every factory shall maintain a bound Inspection Book in Form 43 of the size 13 ½” x 8 ½” and shall produce it when so required by the Inspector-cum-Facilitator or Certifying Surgeon
a) The Inspection Book shall contain at least 180 pages in duplicate, which contain, every second page thereof shall be consecutively numbered and the other one unnumbered pages between each two consecutively numbered page, shall have a vertical perforated straight line on the margin side at a margin of 1”.
b) In case the Inspection Book containing remarks passed by the Inspector-cum-Facilitator or medical officer (Certifying Surgeon) is lost, the manager of the factory shall forthwith report in writing the loss of the Inspection Book to the Inspector-cum-Facilitator -in-charge of the areas and immediately maintain a new Inspection Book. The manager shall obtain as early as possible copies of all available remarks from the Inspectorcum-Facilitator Office concerned, on payment of necessary charges.
Penalty & Punishment
General Penalty u/s 94: For contravention, the employer or the principal employer of the establishment, as the case may be, shall be liable to penalty which shall not be less than two lakhs rupees but which may extend up to three lakh rupees, and if the contravention is continued after the conviction, then, with further penalty which may extend to two thousand rupees for each day till such contravention continues
Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article.