Dear All,
Please find attached latest notification / circular related
to “Self-Certification-cum-Consolidated Annual Returns Scheme for Factories and
Establishments in the State of Maharashtra” issued by department of Industries,
Energy & Labour of Government of Maharashtra. Said circular has been issued
on 23rd June 2015 with Government resolution No. MISC- 2015/CR-
76/Desk Lab-9.
This is one of welcome steps introduced by Maharashtra State
Government. The Scheme is introduced to streamline the functioning of the
Commissioner of Labour and Director of Industrial Safety & Health. This
scheme shall also help the Administration for effective implementation of
various labour laws implemented by the Labour Commissioner and Director of
Industrial Safety & Health and at the same time the scheme shall also
facilitate the employer.
Objective: - The
objective of this scheme is to reduce visits of the Government officers /inspectors
for inspection of Shops/ Establishment / Factories which opt for the scheme
without compromising on safety, health, welfare and social security of workers
/employees and allow them to submit consolidated annual returns in lieu of
multiple returns under various labour laws. At the same time ensure and enable “Ease
of Doing Business in the State and Make in Maharashtra”.
Scope: -This
scheme of “self-certification-cum-consolidated annual returns ’’ is open to all
the shops/ Establishment/Factories etc. in the state , except those with industrial activities covered under the
Maharashtra Factories (Control of Industrial Major Accidents Hazards ) Rules ,
2003 or the factories in which there is use, storage, handling or processing of
hazardous chemicals, which are toxic or highly inflammable or explosive or
processes where in such a substances are likely to be generated or discharged.
This scheme will apply only to those Shops/Establishment/Factories,
etc. which opt to join the scheme by applying for the same as prescribed in
Annexures I & II with an undertaking as given in the Annexure III and after
enrollment duly filled Form of self-certification-cum consolidated annual
returns Annexure IV.
Validity: - Once
the occupier / proprietor / partner / Director / employer / principal employer
/ contractor have opted for the Scheme, it shall be valid for a period of 5
financial years. After 5 financial years, the occupier / proprietor / partner /
Director / employer / principal employer/contractor may renew the registration under
this Scheme for further 5 financial years by submitting a fresh application with
the required security deposit and fees accordingly. However, the employer will
be free to withdraw from the Self-Certification Scheme at any time before completion
of 5 years by informing the Self-Certification Scheme Committee concerned in
this regard. In such cases of premature withdrawal from the Scheme, the
Security deposit paid at the time of registration will be forfeited.
The Scheme will cover
following labour laws: -
1.
The Payment of Wages Act, 1936 and the Rules
made there under,
2.
The Minimum Wages Act, 1948 and the Rules made
there under,
3.
The Contract Labour [Regulation & Abolition]
Act, 1970 and the Rules made there under,
4.
The Maternity Benefit Act, 1961 and the Rules
made there under,
5.
Payment of Bonus Act, 1965 and the Rules made
there under,
6.
Payment of Gratuity Act, 1972 and the Rules made
there under,
7.
Equal Remuneration Act, 1976 and the Rules made
there under,
8.
Maharashtra Workmen's Minimum House Rent
AllowanceAct,1983 and the Rules made there under,
9.
The Factories Act, 1948 and the Rules made there
under
10.
The Maharashtra Shops and Establishment Act,
1948 and the Rules made there under,
11.
Inter State Migrant Workmen [Regulation of
Employment and
12.
Conditions of Service] Act, 1979 and Rules, 1980
and the Rules made there under,
13.
The Beedi & cigar Workers (conditions of
Employment) Act, 1966 and the Rules made there under,
14.
The Motor Transport Act, 1961 and the Rules made
there under,
15.
The Child Labour (Prohibition & Regulation)
Act, 1986 and the Rules made there under,
16.
xv.The Sexual Harassment of women at work place
(Prevention, Prohibition and Redressal) Act,2013.
17.
Bonded Labour System (Abolition) Act, 1976
EXCEPTIONS
This scheme will not be applicable to industrial activities
covered under the Maharashtra Factories (Control of Industrial Major Accidents
Hazards ) Rules , 2003 or the factories in which there is use, storage,
handling or processing of hazardous chemicals, which are toxic or highly
inflammable or explosive or processes where in such a substances are likely to
be generated or discharged.
Filing of
Self-Certification-cum-Consolidated Annual Returns: - After getting
enrolled for the Scheme, the concerned occupier/ proprietor /partner / director
/ employer / principal employer / contractor shall file Self-Certification-cum-Consolidated
Annual Return in the format prescribed in Annexure- IV along with required
supporting document / information. This return shall be filed on or before 30th
April of each financial year on any working day to the concerned Regional
Committee. On failure to submit the return within the prescribed time limit,
the occupier / proprietor / partner / director / employer / principal employer
/ contractor will cease to be the member under the Self- Certification Scheme.
Inspection procedure
under the Scheme: -
(a)
20% of the shops / establishments / factories
covered under the Scheme shall be selected randomly by the State Level
Committee for inspection during a year. The shops / establishments / factories randomly
selected every year shall be inspected only once in that year to verify
implementation and compliance of various laws covered under the Scheme. The
shops / establishments / factories inspected once during the period of the
Scheme will not be inspected again during remaining period of 5 years of the
scheme unless complaints are received by the Regional Committee or State Level
Committee or the Government of Maharashtra in this respect. If any violations
are detected during the course of inspection, it will be processed as per the
provisions of the respective labour laws.
(b)
The inspection visits for enquiry into
complaints shall be made only on specific authorization by the following:
i.
Commissioner of Labour, Addl. CL / Dy.CL in
respect of the matters coming under his jurisdiction
ii.
Director/Addl. Director / Joint Director of
Industrial Safety and Health in respect of matters coming under his
jurisdiction
(c)
EXCEPTIONS:
The Scheme shall not cover any inspections/ visits made by the Officers of
Director, Industrial Safety & Health for the purpose of conducting enquiry
into accidents and dangerous occurrences.
This Scheme shall come into effect from date of issue of
this Government Resolution.
Hope this write up will give scenario about this development
in labour law of Maharashtra state.
Thank you.
Regards,
Girish V
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