Compliances Related to Common Licences for Establishments & Restrictions on Disclosures of Information under Gujarat Occupational Safety, Health and Working Conditions Rules, 2025

Background

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 XIV of the Code are applicable to:

  • Establishment covered under Gujarat Occupational Safety, Health and Working Conditions Rules, 2021
  • Establishment being a Plantation covered under Occupational Safety, Health and Working Conditions Code, 2020

 

Compliance Requirements under the Rules in Accordance with the Code

  1. Form 36: Performa of Common License (Section 119; Rule 85)

Application for common license under sub-rule (1), shall be filed in Form 28 and accompanied by total fees as specified in the Schedule under rule 49(3) for contractor and Schedule specified under rule 65(1) for industrial premises for beedi and cigar work and prescribed under schedule of rule 75 (1) for factories or any combination thereof under these rules for an establishment.

  1. General restriction on disclosure of information in Gujarat (Section 124)

No person shall in respect of the establishment, disclose any information relating to any manufacturing or commercial business or any working process which may come to his knowledge in the course of his official duties

 

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.

 

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