Factory Licence in Uttar Pradesh

Who regulates factories in Uttar Pradesh and which rules apply now

Factory licensing in UP is a state function of the Labour Department. Inspectors of factories scrutinise applications and visit premises, and the Chief Inspector of Factories is the licensing authority at state level. There is no central licence for a private manufacturing unit in UP.

The four Labour Codes came into force on 21 November 2025, and the OSH Code replaced the Factories Act, 1948. Unlike Delhi and Haryana, where state rules were still in draft at our last review, Uttar Pradesh published draft OSH rules on 23 March 2026 and notified the final Uttar Pradesh Occupational Safety, Health and Working Conditions Rules, 2026 on 27 August 2026. They take effect from publication in the Gazette and supersede the UP Factories Rules, 1950 along with other older safety, welfare officer and contract labour rules.

For an occupier this has one practical meaning: forms and fees that older UP guides quote, such as the Factories Act Form 2 and Form 4 challan routine, are now legacy. Check that whoever prepares your file is working from the 2026 Rules, not a 1950 template.

Two steps in UP: registration first, then the factory licence

The Code separates registration of the establishment from the licence to run a factory, and the 2026 UP Rules follow that structure. Registration is filed online in Form-3 on the Labour Department portal and the certificate is issued in Form-3(A). Registration must be applied for within 60 days; a later filing carries a 10% late fee. Any change of ownership or particulars must be reported within 30 days, and commencement or cessation is notified in Form-5 within 30 days.

The factory licence is a separate application in Forms 45 and 46, priced on a matrix of installed power and number of workers. UP's initial licence runs for one year, and later renewals can be granted for up to ten years at a time. A unit that already holds a registration under a central labour law has six months from commencement of the Rules to upload its particulars to the state portal.

These details come from compliance summaries of the notified Rules, because the full gazette text was not reachable at our review. We therefore tell clients to confirm the live fee in the portal calculator before paying.

When a UP unit needs a factory licence

Under section 2(1)(w) of the OSH Code, premises become a factory when a manufacturing process runs with 20 or more workers using power, or 40 or more workers without power, on any day in the preceding twelve months. UP used to apply the older 10-worker and 20-worker limits. Units with 10 to 19 workers are no longer factories but remain establishments, and the UP registration fee table starts at that band.

Count every worker across all shifts on the busiest day, including contract workers inside the process. A unit that sits at 18 or 19 workers on paper but touches 21 on festival-season days is a factory, and an inspector will use muster rolls to prove it.

• Manufacturing, assembling, packing and job-work units in NOIDA, Greater Noida, Ghaziabad, Meerut, Kanpur, Lucknow, Agra and similar clusters
• Plots allotted by industrial development authorities such as NOIDA, GNIDA, YEIDA and UPSIDA, where allotment and lease papers feed into your documents
• Existing licensees changing the occupier, factory name, address, workers or sanctioned power (amendment costs ₹100; a transfer costs ₹1,000)
• Hazardous-process units, which face extra safety governance such as safety committees and safety officers at the thresholds in the 2026 Rules

Filing through Nivesh Mitra: what is different in UP

Nivesh Mitra is UP's investor single-window system. You create a login, fill a Common Application Form once for all departments, and the system generates a Unit ID that you need for every later application and grievance. The factory licence appears in its service list with a stated 30-day service time and a fee computed from your inputs; pollution consent and the fire NOC sit on the same platform. The timelines and fee notes come from a secondary description of the portal, so treat them as published targets and not as guarantees.

In practice, the single window helps only if your CAF data is right. The unit address, land type, authorised signatory and investment figures you enter once are reused across the labour, UPPCB and fire applications, so an inconsistency creates queries in all three. Keep the same capital investment figure across Nivesh Mitra, Udyam and the consent application.

Documents that UP scrutiny officers look for

Scanned uploads replace physical files. The list below combines what UP guides publish with what we see requested.

• Identity and address proof, PAN and Aadhaar of the occupier and manager
• Certificate of incorporation, LLP agreement or partnership deed, with a resolution or authority naming the occupier
• Ownership proof, registered lease or allotment letter from the industrial authority
• Site or layout plan signed by a registered engineer, and approved building plan where applicable
• Details of installed machinery, connected load or horsepower, and the electricity bill
• List of workers with shift pattern, so headcount and fee slab can be checked
• UPPCB consent, or white-category position, where the activity is covered
• Online fee payment confirmation

Timelines, inspection and renewal in UP

Nivesh Mitra lists a 30-day service time for the factory licence, but the real clock depends on query replies and the inspector's visit. A factory inspector may visit with prior notice. Download the licence from the dashboard after approval.

Because the first licence is for one year, put a renewal date in your compliance diary from day one. You can then ask for a longer period of up to ten years at a time, paying the matrix fee for the period chosen. A late renewal attracts a 25% uplift. File an amendment, not a renewal, if the occupier, address, workers or load have changed.

Practical tips from UP filings

These are the points we check before submitting a UP file.

• Sort the registration deadline before the licence: the 60-day window for Form-3 and the 10% late fee catch units that start production first and file later
• Match declared horsepower to the sanctioned load on the electricity bill, otherwise the fee slab is queried
• Plan for the Form-17 annual return due on 31 January, and for accident notices in Form-10 or Form-11 within 12 hours
• Appoint a safety officer and safety committee if you cross the 2026 Rules thresholds; appointments must be intimated within 7 days
• Ask for a longer licence only when your headcount and load are stable, since increases need amendment
• If your unit is in the NCR belt (Noida, Ghaziabad and nearby districts), coordinate the UPPCB consent and fire NOC with the labour file so no approval holds up another

Step-by-step process

1. Check applicability and thresholds

   Confirm whether your headcount and power use make the unit a factory under the OSH Code (20 workers with power, 40 without) or only an establishment.

2. Create the Nivesh Mitra login and CAF

   Register on Nivesh Mitra, complete the Common Application Form with unit, land and signatory details and note the Unit ID.

3. File registration in Form-3

   Apply on the Labour Department portal within 60 days of the unit starting work and pay the headcount-based registration fee.

4. Apply for the factory licence

   File the licence application (Forms 45/46), declare installed power and workers, choose the licence period and upload the documents.

5. Pay the fee and watch the dashboard

   Pay the matrix fee online and respond to any query promptly through the dashboard and registered email.

6. Facilitate the inspection

   Keep layout, machinery, safety arrangements and muster roll ready for the factory inspector's visit.

7. Download, display and diarise

   Download the licence, display it at the factory and diarise renewal, Form-17 and amendment triggers.

Government fees

Figures below are reported from the UP OSH&WC Rules, 2026 (notification dated 27 August 2026). The licence matrix is shown only as a range because we could not open the full table. Confirm the live amount in the portal before paying.

Frequently asked questions

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