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West Bengal Industrial Development Corporation

FAQ

A. Land

1. What is mutation of land?

Ans: Mutation means substitution of the name of a person by the name of another in the record-of rights.

2. When should I apply for mutation of land?

Ans: An enterprise may apply for mutation when the land is acquired by way of purchase, gift etc.

3. What is land conversion?

Ans: Permission is necessary for change in land use which is called Land Conversion.

4. When should I apply for land conversion?

Ans: An enterprise may apply for land conversion after mutation of the land.

5. I have set up an enterprise in an industrial estate/park. Please guide, whether land conversion is required?

Ans: If a unit is set up in an industrial estate/park which have already got land conversion, no further conversion is required by any individual enterprise (( order No. 324-LP/1A-12/13 dated 05.02.2015 of L&LR Dept.).

B. Fire ( http://www.wbfes.gov.in )

1. In case of fire where to contact?

Ans: Dial toll free number 101 & Call your local Fire Station. Note the location and telephone numbers of different Fire Stations.

2. Whether Fire Safety Certificate is necessary for any high risk building?

Ans: Yes it is mandatory, Fire Safety Certificate is necessary for any high risk building.

3. What is the definition of high risk building?

Ans: High risk building is defined by Notification No. 279/DS/FS/O/C-1/FIA-3/96 dtd. 8th July, 2003

4. Is there any difference between high rise and high risk building?

Ans: Yes, the definition of high risk building laid down vide Notification No. 279/DS/ FS/O/C-1/FIA-3/96 -08.07.2003.

High Rise building means all building above 14.5 Mtrs. in height. All high rise buildings are high risk building apart from other categories.

5. Whether each residential building requires Fire Safety Certificate?

Ans: Residential buildings having height more than 14.5 Meters are required to obtain fire safety certificate. Where ever there are more than eight dwelling units fire safety guidelines are to be followed. Similarly building with multipurpose occupancy requires fire safety certificate irrespective of height.

6. Whether Fire Safety Certificate and Fire License both are required for any establishment?

Ans: FSC (Fire Safety Certificate) is required for all high rise and high risk building which is a condition of granting FSL (Fire Safety License) and FL are required for storing, keeping processing inflammable articles beyond the limit as prescribes in the Fire service Act.

7. Is there any punishment for not taking Fire Safety Certificate?

Ans: Yes, owner/occupiers are liable. Violation of rule is an offence which is cognizable and non-bailable offence.

8. Who are the authorities for issuing Fire Safety Certificate (FSC) and Fire License (FL) and what are the timelines?

Ans: Authority and timelines for issuing FSC and FL are defined in Notification no. 1525/FES/N-2E-131/2015 dated 11.11.2013

C. Labour

I. Factory (Ref: http://www.wbfactoryonline.in)

1. Can I submit online application for Factory Registration/Licence and renewal of License?

Ans: Yes, application for Factory License and renewal can now be made online through

5. Whether any declaration necessary for online applications?

Ans: Yes. Following declaration are necessary for registration of the factory and grant of licence
a. Date of starting of manufacturing process (exact date) along with no. of workers on that date.
b. Date on which more than nine workers were employed for the first time, along,with number of worker
c. List of machineries along with HP/KW.

6. What is the procedure for applying for the renewal of licence?

Ans: Please refer and follow instructions under heading "online renewal of factory Licence" at http://www.wbfactoryonline.in

7. What is the procedure for amendment of licence online?

Ans: Enter last submitted Form No.2 and change the manpower/horse power or both. Pay the revised fees plus amendment fees Rs. 50.
Submit revised Form No.2 online and send one hard copy of Form No.2, original GRIPS payment receipt and report generated by computer to Inspector of factories to his office.
For details please visit https://www.wbfactoryonline.in/home/page/faq

8. What is the procedure for transfer of licence online?

Ans: Amend your last submitted Form No.2 and change the name of the occupier and re- submit along with documents.
Submit fees Rs.50 online through GRIPS. Form 2 and receipt in original to be submitted to area I.F along with computer receipt.

9. My factory engaged in manufacturing of plastic products with the aid of power, but number of workers is less than 10. Whether my factory requires Factory License?

Ans: Yes, your factory attracts section 85 of Factories Act 1948. For details, please go through Notification no. 781-LW/1F-I1/06.-3rd October 2007 or visit http://www.wbfactoryonline.in/home/licence_fees_2016_onwards.

II. Shops & Establishment (Ref: https://wbshopsonline.in/home/faq)

11. Whether Provident Fund Act 1952 is applicable to Shops & Establishments?

Ans: Yes, the act is applicable to any establishment employing 20 or more employees.

12. Whether West Bengal Gratuity Act 1972 is applicable to Shops & Establishments?

Ans: Yes, the act is applicable to shops and establishments employing 10 or more employee.

13. Whether The Payment of Bonus Act 1965 is applicable to Shops & Establishments?

Ans: The Act is applicable to every establishment in which 20 or more persons are employed on any day during an accounting year.

15. How many hours an employee can work in a shop or establishment?

Ans: Not more than 8 and 9 Hrs in a day or altogether 48 hrs in a week .After the closing of the shop or establishment also he or she cannot work.

16. How many hours overtime is permissible in any shop or establishment?

Ans: 10 Hours including normal hrs of work in a day or 120 hours total overtime can be done in a year.

17. How many hours an employee can be subjected to do work continuously in any shop or establishment?

Ans: Not more than 6 hours of work of continuous work after which at least one hour of rest is to be given.

18. How many leave is to be given as per law to any employee shop or establishment?

Ans: 14 days Privilege leave with full pay, 14 days sick leave with half pay, 10 days Casual leave with full pay and Maternity leave as per rules.

22. Whether a Registration Certificate can be transferred if there is a change in ownership?

Ans: No it cannot be done. Within 15 days of such transfer the Registration Certificate has to be surrendered specifying the change of ownership and apply for a new Registration Certificate.

III. Boiler (Ref: https://wbboilers.gov.in/faq)

23. What is meant by ‘Boiler’?

Ans: Boiler means a pressure vessel in which steam is generated for use external to itself by application of heat which is wholly or partly under pressure when steam is shut off but does not iiclude a pressure vessel:-

i) With capacity less than 25 litres (such capacity being measured from the feed check valve to the main steam stop valve)
ii) With less than one kilogram per centimetre square design gauge pressure or
iii) In which water is heated below one hundred degrees centigrade

24. When a boiler will come under the purview of the Boiler Act 1923?

Ans: A boiler shall come under the purview of the Boiler Act 1923 when all the following conditions are satisfied:-

i) The capacity of the pressure vessel in which steam is generated for use external to itself by application of heat should be greater than or equal to 25 litres.
ii) The working pressure should be greater than or equal to 1 kg/cm2
iii) Water should be heated at or above one hundred degrees centigrade.

25. Who is the ‘Owner’ of a Boiler?

Ans: Owner includes any person possessing or using a boiler as agent of the owner thereof and any person using a boiler which he is hired or obtained on loan from the owner thereof.

D. Power (WBSEDCL)

2. What are documents required for new connection?

Ans: Following documents are required for obtaining new connection
i. Passport/voter ID/ Telephone bill
ii. Land ownership documents (property paper/purchase deed/tenancy deed/tax receipt of Panchayat/Municipality)
(Ref: No. 146-PO/O/C-III/4M-02/2015 dated 29.06.2016 of Power & NES Department, GoWB)

3. Whether 'Consent to Establishment' from Pollution Control Board is a pre-requisite for application for new connection?

Ans: No. The requirement of consent to establishment from pollution control board has been dispensed with (No. 89-PO/O/C-III/4M-02/2015 dated 01.04.2015 of Power & NES department)

4. What is the timeline for new power connection with RoW?

Ans: Connection is to be granted within 15 days from the date of deposit of quotation amount by the intending consumers (Order of WBSEDCL communicated vide no. CMD/09/284(I) dated 31.03.2015)

E. Pollution Clearance Certificate (Ref: www.wbpcb.gov.in)

1. What are the different categories of industry?

Ans: Depending upon the pollution and hazard potential of industrial activities, the industries are categorized as red, orange, green and exempted.

2. How would I categorise my enterprise?

Ans: West Bengal Pollution Control Board (WBPCB) in line with the directions of Central Pollution Control Board (CPCB) has issued new categorization of industries vide Memo No. Memo No.: 1512/4A-18/2010 (Pt.I) Date: 14.06.2016. To categorize your enterprise, please visit the following URL: http://www.wbpcb.gov.in/writereaddata/files/Category-Order%2030-6-2016.pdf

3. When should I apply for 'Consent to Establish'?

Ans: Application is required to be submitted before setting up of industry and for expansion/ upgradation of the industry.

6. When should I apply for 'Consent to Operate'?

Ans: Running units and the units starting operation after establishing as per NOC issued by the Board have to apply for consent to operate.

8. How is application fee determined?

Ans: For both 'Consent to Establish' and 'Consent to Operate' application fee depends on the Gross Capital Investment on land, building and plant machinery of the project.

9. What is the validity period of Consent to Establish (NOC)?

Ans: Under Memo No. 1114-4A-6/2015(Part I) dt. 09.05.2016 of WBPCB, validity period of Consent to Establish (NOC) has been extended to 7 years from 5 years.

10. What is the validity period of ‘Consent to Operate’ Certificate?

Ans: 5 Years for ‘Red’ Category and 'Orange' category enterprises and 7 years for 'Green' category enterprises (order no. 1646-4A-7/2016 dtd. 28/06/2016 of WBPCB).

11. Has Auto Renewal of Consent to Operate introduced?

Ans: Yes, please go through the Memo No.1644-4A-6/2015 (Part I) Dated: 28/06/2016 of WBPCB.

F. State Water Investigation Directorate (SWID)

1. Who will apply for SWID clearance?

Ans: Any user desiring to sink a well for extraction of ground water for industrial purpose with pump set shall have to obtain a permit from the District Level Authority / Corporation Level Authority / State Level Authority.

2. How do I apply for SWID clearance?

Ans: The user shall make an application in Form-I along with payment of prescribed fees to the Geologist of the State Water Investigation Directorate, Govt. of West Bengal of the district concerned or Superintendent Geologist, State Water Investigation Directorate, Govt. of West Bengal for Kolkata Municipal Corporation area as the case may be.

G. Goods & Services Tax (GST)

1. What is GST

Ans: GST is a destination based unified indirect tax across the country on consumption of goods and services. It is levied on every value addition with full set-off for taxes paid earlier in the value chain. Thus the cumulative tax levied at each stage shall be passed on to the final consumer who will bear the total tax.

For detail FAQ, please visit http://wbcomtax.nic.in/GST/GST_FAQ/gst_faq.html