Procedure for Clearance

Note: Click on the linked heading text to expand or collapse.

About the Clearances :

The Labour Department, A & N Admin provides the following Four “Clearances” for Enterprises proposed to be established / already functioning in A & N Islands. The procedures are the same for getting all the four clearances, with minor variations.

  1. Registration and License Under Contract Labour Act.
  2. Registration and License Under Factories Act.
  3. Registration and License under Building and Other Construction Workers Act.
  4. Registration and License Under Shops and Establishment Regulation.

Business Simplification and Facilitation Rules set up :

In order to facilitate Enterprises and to reduce the hassles faced by Entrepreneurs in setting up Business units in A & N Islands, the department has also laid down instructions to Inspectors that :

  1. Only establishments with more than 05 workers are to be inspected.
  2. Inspections are to be carried out only once in a year.
  3. Prior Approval of Labour Commissioner require for conducting Inspection.
  4. All Inspection reports to be submitted within 72 Hours from the conduct of Inspection.
  5. Self certification by employer shall be accepted for compliance.

1. What is the procedure to obtain Clearance from LD ?

  • The Labour Department, A & N Admin issues Clearances to entrepreneurs who propose to establish / already established an Enterprise in A & N Islands.

  • The entrepreneur / representative has to submit the Application in Physical Form in person either (a) At office of Assistant Labour Commissioner, (ALC) Labour Department, Port Blair/ Hutbay / Rangat or (b) At Common Service Centres established by A & N Admin in A & N Islands. In either case, the application form should be submitted along with list of Supporting documents for the Enterprise.

  • The ALC office will forward the submitted Application form to Concerned Labour Inspector / Inspector of Factories depending on the type of Enterprise and the Area of Jurisdiction.

  • The concerned Inspector will carry out Inspection on Site at Enterprise to verify that all required arrangements for Labour laws and regulations are set up by the entrepreneur in Enterprise premises. The entrepreneur should therefore ensure that Check List of critical Activities / Arrangements are set up in the Enterprise before the inspection, failing which Clearance will not be issued by Labour department within the timelines prescribed.

  • If all Arrangements as required under Labour laws and regulations are set up in enterprise as noted during Inspection by the Inspector, the LC/ALC will issue the Clearance in the prescribed format as per Time lines prescribed.

2. Which office should entrepreneur Approach to get Clearance ?

3. Format of Physical Application Form to get Clearance?

If the Entrepreneur wants to submit the Application for Clearance in Physical form, Click here to Download Blank Application Form for Clearance.

4. Check list of Documents required to be submitted with the Application by the Entrepreneur to get Clearance.

S.No Service Name Name of the Documents
1 Licence Under the Factories ACT, 1948

  • Building Plan / Site Plan

  • Receipt of Payment of Application Fee

  • Site Map in the Scale (1cm : 20Mtrs)

  • Flow chart of the Manufacturing Process

    		•
    2 Registration Under Contract Labour (R & A) ACT, 1970

  • Receipt of Payment of Application Fee

  • Form V, Duly signed by Principal Employer

    		•
    3 Registration Under A & N Shops & Commercial Establishment Regulation 2004

  • Statement of Bank account of the applicant

  • Form of Occupancy Certificate Appendix 'F, G & H'

  • Rent receipt / agreement of the building/premises

  • Registered Sale Deed / Partition Deed / Succession/ Heir Certificate or Will of the Owner

  • Power of attorney / Latest rent Receipt / Lease Deed / Rent Agreement / Copy of Allotment order issued by owner of Property

  • Copy of last Consent Order issued by ANPCC, if any

  • Any other Statutory clearances/ licenses

    		•
    4 Registration of Establishment under Building & Other Construction workers, Act 1996

  • Identity Proof

  • Copy of work award Letter

  • Challan copy

    		•
    5 License under Inter State Migrant workmen Act 1979

  • Identity Proof

  • Copy of work award Letter

  • Challan copy

    		•

    5. User Charges for getting Clearance ?

    Presently, the User charges are levied by Labour department to provide Registration Certificate under A & N Shops and Establishment Regulation, as below, depending on no of manpower working in the enterprise :

    • No of Employees Less than 10      :Rs 10/-
    • No of Employees between 11 to 25   :Rs 100/-
    • No of Employees More than 25      :Rs 200/-

    6. What are the Timelines of LD to provide Clearance ?

    The Clearances will be issued by Labour department within 15 days of submission of Application form by the entrepreneur to ALC office, provided :

    1. The list of supporting Documents pertaining to the Enterprise are enclosed by the entrepreneur along with the Application and are found to be complete and valid.
    2. The Enterprise meets all Check List of critical Activities / Arrangements to be set up in the Enterprise at the time of Inspection by LD.

    7. Check list of critical Activities / Arrangements to be set up in Enterprise by the Entrepreneur to get Clearance.

    Not Available

    8. Validity period of Clearance.

    The Clearances issued by Labour department is valid for a period of One year from Date of Issue. The entrepreneur will have to apply for “Renewal of Clearance” before expiry of Renewal period, in the same procedure as is done for getting a new Clearance from the department.

    9. Format of Clearance.

    10. Who is the Authority authorized to Issue Clearances ?

    The Assistant Labour Commissioner, A & N Admin is the officer authorized to issue Clearances for all enterprises in A & N Islands.

    11. Any other Points.

    Approval of site layout building plan of a factory under the factories act, 1948 Permission has to be obtained by every occupier from the chief inspector in the following cases -

    • Site for location of a factory
    • Any construction, reconstruction or extension of a building for use as a factory
    • Any manufacturing process carried out in any building constructed reconstructed or extension
    • Application for permission shall be made in form no 1 (see form no 1)
      • The application has to be accompanied by -
      • A flow chart of the manufacturing process along with a brief description of the procession various stages
      • Plans in duplicate drawn to scale showing the following:-
        • The site of the factory and immediate surroundings including adjacent buildings and other structures, road drains etc.
        • Plan elevation and necessary cross section of various buildings indicating all relevant details relating to natural lighting ventilation and means of escape in case of fire•in cases where permission applied for is granted the same shall be noted and on the plans and specifications and signed by the chief inspector a copy of which shall be returned to the applicant
    Please see - form no – 1 (relevant rules)