The Government of Gujarat Issues Circular Simplifying the Process of Obtaining No Objection Certificate for Employing Women During Night Shifts under the Factories Act, 1948

The Government of Gujarat, to boost the participation of women in the manufacturing sector and to promote ease of doing business, has issued a circular pursuant to the Gujarat High Court directive – PCA No. 2948/2012, simplifying and expediting the approval process for obtaining the No Objection Certificate (“NOC”) required for employing women during night shifts under the Factories Act, 1948.

Applicants can directly apply for the NOC through District Collectors/Magistrate, following which the Sub-Divisional Magistrate in consultation with the Department of Industrial Safety and Health, will undertake a technical verification of the application. The applicants are required to specify a detailed job description (i.e. hazardous/non-hazardous classification) in the application and prepare a comprehensive safety and security measure plan for women which should be submitted with the application. Additionally, the application must also consist of written consent from women employees.

The respective offices are required to process the application and issue the NOC within 30 days. The NOC serves as official permission under Section 66(1)(b) of the Factories Act, 1948 to employ women during night shifts in factories.