“Self-Certification Scheme” for Factories & Shops in Maharastra

In order to boost “Make in Maharashtra”, the State Government has on 23rd June 2015 proposed a draft scheme pertaining to self-certification of the factories, shops & establishment which seeks to abolish mandatory inspection under various labour laws, which is a major obstacle for the Industrial Development & also leads to corruption.  As per the draft Scheme a factory/ shop occupier /proprietor /partner/ director/ employer/ principal employer/ contractor would be able to apply for the self-certification under this scheme along with list of documents with an undertaking & Form of self-certification-cum consolidated annual returns on or before 30th April of each financial year thereby making a declaration to the labour department of the State about his compliance of 16 legislations being implemented by him in his factory/shop. The self-certification scheme is applicable to the following 16 legislations:

Sr. No. LEGISLATIONS
1  The Payment of Wages Act, 1936 & the Rules made there under
2  The Minimum Wages Act, 1948 & the Rules made there under,
3  The Contract Labour [Regulation & Abolition] Act, 1970 & the Rules made there under,
4  The Maternity Benefit Act, 1961 & the Rules made there under,
5  Payment of Bonus Act, 1965 & the Rules made there under,
6  Payment of Gratuity Act, 1972 & the Rules made there under,
7  Equal Remuneration Act, 1976 & the Rules made there under,
8  Maharashtra Workmen’s Minimum House Rent Allowance Act, 1983 & the Rules made  there under,
9  The Factories Act, 1948 & the Rules made there under
10  The Maharashtra Shops & Establishment Act, 1948 & the Rules made there under,
11  Inter State Migrant Workmen [Regulation of Employment & Conditions of Service] Act,  1979 & Rules,  1980 & the Rules made there under,
12  The Beedi & cigar Workers (conditions of Employment) Act, 1966 & the Rules made there  under,
13  The Motor Transport Act, 1961 & the Rules made there under,
14  The Child Labour (Prohibition & Regulation) Act, 1986 & the Rules made there under,
15  The Sexual Harassment of women at work place (Prevention, Prohibition & Redressal)  Act, 2013.
16  Bonded Labour System (Abolition) Act, 1976

 

The Scheme will, however, not be applicable to units dealing with hazardous substances & chemicals. Inspections will be held at only 20% of the shops / establishments / factories covered under the Scheme selected randomly by the State Level Committee during a year i.e. there will be inspection only once in five years at any particular shops / establishments / factories. However 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.

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