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 XI (Part VII) of the Code are applicable to:
Compliance Requirements under the Rules in Accordance with the Code
Factory License acts as an approval document provided by authorities to carry out manufacturing activities in Respective States
Certificate of License shall be issued based on the online application submitted in Form-33.
(1) The appropriate Government may make rules in respect of factory or class or description of factories for—
(a) the submission of plans including specifications, nature and certification thereof;
(b) the previous permission for the site on which the factory is to be situated and for the construction or extension thereof; and
(c) subject to the provision of sub-section 119, licensing and renewal thereof including fees to be payable for such, licensing and renewal, if required, as the case may be.
(2) The occupier or manager of every factory to which the Code applies shall submit to the Chief Inspector cum-Facilitator an application in Form 33 for the license of the factory accompanied by an application with registration certificate.
(3) The holder of a license may, at any time before the expiry of the license, apply for permission to transfer his license to another person.
Rule 77:
(1) An application for the renewal of license shall be made not later than 60 days before the date on which the license is due to expire.
(2) Where a factory commences work on or after the 1st day of November in any year, application for renewal of the license shall be made on or before the 1st day of January of next following year.
(3) Further that an application for the renewal of license may be made for 10 consecutive years.
A licensee shall be required to get his licence amended if there is a change in the name of factory, or if the factory for which the licence is granted exceeds the limits specified in the licence in regard to horse-power or the number of persons employed. The licensee whose licence is required to be amended one shall submit it to Chief Inspector cum Facilitator of Factories or the Inspectors. cum facilitators of factories within their Local limits so as to reach him within a period of 30 days from the date the event requiring amendment of the licence occurs with an application stating the nature of the amendment and reasons therefor.
If a licensee dies or becomes insolvent, the person carrying on the business of such licensee shall not be liable to any penalty under the Code for exercising the powers granted to licensee by the licence during such time as may be reasonably be required to allow him to make an application for the amendment of the licence under rule 76 in his own name for the unexpired portion of the original licence
If before the 31st October of any year, an occupier notifies his intention in writing to the Chief Inspector-cum-Facilitator or the Inspector-cum-Facilitator of Factories that during the year following the premises in respect of which license is issued will not be used for the working of the factory
Where separate buildings in a premises are leased as individual factories, the owner shall provide and maintain common facilities such as roads, drainage, water, lighting, sanitation, fire safety, hygiene, ventilation, canteens, rest rooms, and crèches, with occupiers jointly responsible.
(1) Where independent floors or flats in a premises are leased as separate factories, the owner shall be deemed occupier/manager and be liable for contraventions relating to:
(i) latrines, urinals, and washing facilities insofar as common water supply is concerned;
(ii) fencing of machinery/plant owned by him but not entrusted to any occupier;
(iii) safe access to floors, and maintenance/cleanliness of staircases and common passages;
(iv) fire prevention and protection systems with adequate water supply;
(v) maintenance of hoists and lifts; and
(vi) upkeep of other common facilities in the premises.
(2) Where portions, rooms, or sheds are leased as separate factories, the owner shall likewise be liable for contraventions under this rule.
No manufacturing process shall be carried out in any premises of a factory unless a fresh certificate of stability in Form 32 is obtained from a competent person once in each period of five years or after every extension, alteration, repairs or addition of machinery, plants etc. and sent to the Chief Inspector-cum-Facilitator of factories
No factory building or premises shall be constructed, extended, reconstructed, or used without prior written approval from the Chief Inspector-cum-Facilitator. Application for such approval shall be made electronically in Form-31, along with the required documents.
a) Process flow diagram with a brief description of manufacturing process, indicating raw materials, intermediates, finished products, and their inventories. For chemical substances, specify chemical names and storage quantities.
b) Plans in duplicate, drawn to scale, showing –
(i) Factory site and surroundings including adjacent buildings, structures, roads, and drains.
(ii) Detailed drawings with plan, elevation, and cross-sections covering lighting, ventilation, and emergency exits. Layouts shall show plant and machinery, aisles, passageways, latrines, urinals, and sanitary provisions, without structural details.
c) Particulars of the maximum number of workers per work room, along with area of ventilating openings and cubic space per worker.
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.
U/s 103: Failure to comply with any duties under Code/Rules/Regulations/Bye laws made thereunder and non-compliance resulted in an accident/dangerous occurrence causing :
i) death – a person shall be punishable with imprisonment for a term which may extend to two years, or with a fine which shall not be less than five lakh rupees, or with both
ii) serious bodily injury, a person shall be punishable with imprisonment for a term which may extend to one year, or with a fine
which shall not be less than two lakh rupees but not exceeding four lakh rupees, or with both
iii) Subsequent conviction will be punishable with double the punishment provided for first conviction
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