(1265)
Haryana Government Gazette
Published by Authority
© Government of Haryana
No. 20-2018]
CHANDIGARH, TUESDAY, MAY 15, 2018 (VAISAKHA 25, 1940 SAKA)
PART-I
Notifications, Orders and Declarations by Haryana Government
HARYANA GOVERNMENT
LABOUR DEPARTMENT
Notification
The 7th May, 2018
No. 11/12/2018-4Lab.— The Governor of Haryana is pleased to formulate “Self Certification Scheme
(Amendment), 2018” for the factories, shops and commercial establishments (including Startups) in the State to
liberalize the enforcement of labour laws in pursuance of implementation of the ‘Business Reform Action Plan 2016
- Ease of Doing Business” as formulated by the Department of Industrial Policy and Promotion, Ministry of
Commerce and Industry, Government of India. The Scheme shall consist of the following provisions:-
1.
PREAMBLE:— This Self Certification Scheme aims at making the employer or an entre preneur a
conscious and truthful citizen and law abiding person who is willing to take care of all interests of the workers
and employees by following all the laws as applicable and enable the Department of Labour to effectively
protect the interest of the workers as well as the employers and entrepreneurs and to create a friendly and
safe environment and relationship between the Employer and the Employees.
2.
OBJECTIVE:— The objectives of this Self Certification Scheme is to curtail unnecessary visits of
Government officials for inspection of those units who opt for this Scheme without compromising on the
safety, health, social security and welfare of the workers as provided under the various labour enactments.
3.
PROCEDURE:— This Scheme shall be optional and any employer or entrepreneur can opt for this
Scheme and apply online at the website of Labour Department, Haryana i.e. “ www.hrylabour.gov.in ” in the
prescribed Performa. Any discrepancy in the application or enclosures shall be communicated to the applicant
within 15 days from the receipt of the online application. In case no discrepancy is so communicated,
the applicant shall deemed to have been enrolled under the Self- Certification Scheme.
4.
VALIDITY OF SCHEME:— Once opted the same shall be valid for five years. After the successful
compliance under the Self- Certification scheme for five years, the employer or entrepreneur or occupier shall
have option either to remain covered under the Self-Certification Scheme or opt out of the Scheme. The option
must be exercised again by making online application on the website of Labour Department.
HARYANA GOVT. GAZ., MAY 15, 2018 (VYSK. 25, 1940 SAKA)
[PART I
1266
5.
LABOUR LAWS FOR WHICH THE SCHEME IS VALID:— This Self Certification Scheme shall be
valid for following Acts and Rules made thereunder as applicable to the concerned employer/entrepreneur/
occupier:
(i) Factories Act, 1948 and Rules framed thereunder.
(ii) Minimum Wages Act, 1948 and Rules framed thereunder.
(iii) Payment of Wages Act, 1936 and Rules framed thereunder.
(iv)
Contract Labour (Regulation & Abolition) Act, 1970 and Rules framed thereunder.
(v)
Payment of Bonus Act. 1965 and Rules framed thereunder.
(vi)
Payment of Gratuity Act, 1972 and Rules framed thereunder.
(vii)
Maternity Benefit Act, 1961 and Rules framed thereunder.
(viii) Child Labour (Prohibition & Regulation) Act, 1980 and Rules framed thereunder.
(ix)
Punjab Shops & Commercial Establishments Act, 1958 and Rules framed thereunder.
(x)
The Inter-State Migrant Workmen (Regulations of Employment & Conditions of Services) Act, 1979
and Rules framed thereunder.
(xi)
The Equal Remuneration Act, 1976 and Rules framed thereunder.
(xii)
Motor Transport Workers Act, 1961 and Rules framed thereunder.
(xiii) Punjab Industrial Establishments (National & Festival Holidays & Casual and Sick Leave) Act, 1965.
(xiv) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service)
Act, 1996
Note – The BOCW Act, 1996 at Sr. (xiv) is inserted only for start-ups.
6.
HOW TO APPLY:— Under the Self Certification Scheme, the application shall be submitted at
“www.hrylabour.gov.in”. The self certification form shall appear in the dashboard of user login on the said
URL ( hrylabour.gov.in ). The self Certification Scheme shall be effective prospectively from the date of
online submission of application. Initially, the employer/ entrepreneur may apply for the scheme till
31st December, 2016. Afterwards, the application shall be received only from 1 s t January to 31s t March of
every year.
Note: The Factory/Establishment opting for Self Certification Scheme shall fall under the scheme with
effect from the date of application but shall not be exempted from the inspection schedule already
finalized for that quarter under Transparent Inspection Policy.
7.
INSPECTION PROCEDURE UNDER THE SCHEME : Under the Self Certification Scheme not more
than 5% of the factories/establishments (excluding start-ups) so covered under the scheme shall be picked up
randomly for inspection yearly . Once inspected, the same factory/establishment is not likely to be inspected in
the next 5 years. However, on specific complaints, accidents, dangerous occurrences, violation of any Labour
Laws, inspection may be conducted in all such factories/establishments as well as start-ups, only with prior
approval of Labour Commissioner-cum-Chief Inspector of Factories, Haryana.
The factories which do not desire to opt for the scheme will continue to be inspected as per the
departmental inspection policy.
The copy of scheme along with all prescribed proforma shall be available on the departmental web site.
Application shall be made in the proforma attached with the scheme.
Note:
(i) Only the factories/establishment having valid license/ Registration under the Factories Act, 1948
and Shops & Commercial Establishments Act, 1958 will be eligible for this Scheme.
(ii) The Major Accident Hazard Units shall not be covered under the Self Certification Scheme.
(Major Accident Hazard Units define under MHISC Rule 1989)
(iii) All the classes of the Factories involving Hazardous Process or High Risk Industries mentioned
under Section 2(CB) of the Factories Act,1948 shall not be covered under the Self Certification
Scheme.
DR. MAHAVIR SINGH,
Principal Secretary to Government of Haryana,
Labour Department.
PART I]
HARYANA GOVT. GAZ., MAY 15, 2018 (VYSK. 25, 1940 SAKA)
1267
From
M/S_____________________
_____________________
_____________________
To.
Labour Commissioner-cum-
Chief Inspector of Factories,
Haryana, Chandigarh.
Sub:-
Application for Registration under Self Certification Scheme for factories under
various labour laws.
--------------
Sir,
Reference Government of Haryana notification No.
Dated
regarding Self Certification Scheme of the Labour Department.
I/We have gone through the above said scheme and have understood the same and wish to
be covered under this scheme. The Self Certification Performa is enclosed herewith. I/We undertake to
abide by all terms and conditions of the Scheme. It is also certified that I/We am/are competent & duly
authorized to make any statement or provide any information to any Central / State Government
agency on behalf of this establishment.
Yours faithfully,
(Sign. of employer/entrepreneur/occupier)
Name…………………
Address………………
e-mail………………..
Encls: Self -Certification Proforma
HARYANA GOVT. GAZ., MAY 15, 2018 (VYSK. 25, 1940 SAKA)
[PART I
1268
Self-Certification Proforma for Factories under various labour Laws
[Prescribed under Self Certification Scheme of Government of Haryana, Labour Department Notification
No. Dated
(1) Name & address of the factory_______________________________________________________
(2) Name of Occupier/Employer (Inc. Email ID)
(3)
License No. under Factory Act(with validity)
(4) Average No. of Workers employed :-
Male Female Total ___________________________
(5) Manufacturing Process
(6) Sanctioned Load
A.
FACTORIES ACT,1948 AND THE PUNJAB FACTORY RULES,1952
Sr.
No.
Section
Rule
Details
Yes/No/N.A.
1
21
Are dangerous/moving parts of transmission machinery
properly guarded?
2
7-A
Are the workers without sufficient training and effective
supervision not allowed to operate the machines?
3
24(2)
Are suitable devices for cutting off power in emergency in
every workroom provided and kept in order?
4
28, 29
60, 60-A,B
Are the hoists/ lifts / cranes or other lifting machinery
suitably constructed, properly maintained and periodically
examined by the competent person?
5
31
61
Are all the prescribed precautions taken in the case of
pressure plants and are these periodically examined?
6
32 (a,b)
66(9)
Are floors, steps, stairs, passages and gangways of sound
construction and maintained properly and provided with
handrails? Are safe means of access provided to all the places
of work?
7
33
Are all the tanks, pits, etc., securely covered/fenced?
8
34
62
Are excessive weights carried by the workers?
9
35
63
Are proper precautions taken for protection of eyes?
10
36
Are necessary precautions taken against dangerous fumes&
use of portable electric light inside any chamber, tank, pit, vat
etc.?
11
37
Are necessary precautions taken against explosions?
12
38
Are all precautions taken to prevent outbreak, spread of fire&
adequate means of escape?
13
39,40
Is any building or part of building in a dangerous condition
involving imminent danger to human life or safety?
14
7-A
66-D
Is any material or requirement stacked or stored in unsafe
manner?
15
7-A
66-E,F
Are all the prescribed precautions taken in the case of
Ovens, Driers, Vessels and Kettles and are these
periodically examined?
16
7-A (2)
Are adequate precautionary measures taken to prevent the
electrical hazards?
PART I]
HARYANA GOVT. GAZ., MAY 15, 2018 (VYSK. 25, 1940 SAKA)
1269
Sr.
No.
Section
Rule
Details
Yes/No/N.A.
17
21
55-Sch-I-VII
Are all the prescribed precautions taken for Textile
machinery, Cotton Ginning machinery, Wood working
machinery, Rubber Mills, Centrifugal Machines, Power
Presses, Shears, Slitters and Guillotine machines?
18
67-B
Has the Safety Committee constituted in accordance with the
prescribed rules?
19
70-B
Is written statement of policy in respect of Health and Safety
of the workers prepared as prescribed?
20
46
71-77
Is the Canteen provided according to the prescribed
provisions?
21
47
78
Is a Rest Room provided according to the prescribed
provisions?
22
48
79-82
Is the crèche provided according to the prescribed
provisions?
23
49
Is the Welfare Officer appointed and working in accordance
with the prescribed rules (PWOR&CS Rules, 1952) in the
factory?
24
40(B)
66
Is Safety Officer appointed and working in accordance with
the prescribed rules?
25
59(1)
Are overtime wages paid in accordance with Section 59?
26
87
102
Is any breach of safety provisions laid down in schedule I to
XXVII of Rule 102 taking place?
27
88(1)
103
Are notices of accident sent in accordance with Section 88
and Rule 103?
28
59
83,85,86,
87,94,95,
110,111
Is Over Time Muster Roll, Compensatory Holiday, Register
of Adult Workers, Leave with wages, Leave Book,
Accidents & Dangerous Occurrences, Muster roll
maintained?
29
61, 108
69A
Are notices under different sections of Factories Act
displayed? (61,108 & Rule 69-A etc.)?
30
110
107
Are Annual Return and Half Yearly Return in Form No.21,
22& 31 in duplicate submitted in accordance with the
prescribed rules?
31
45 (1,3)
69
Are sufficient numbers of First-Aid Boxes in the charge of
trained person provided with all the prescribed equipments?
32
45(4)
70
Is the ambulance room & ambulance van provided
according to the prescribed provisions?
33
11(1) (a)
Is the factory kept clean?
34
13(1)
(a),14(1)
Are the ventilation adequate and working conditions
comfortable and exhaust arrangements satisfactory?
35
16(2)
Is any workroom over crowded?
36
17
Is lighting in all the rooms and passages sufficient and
suitable?
37
18
36, 37,41
Is sufficient quantity of approved cool drinking water
provided according to the prescribed provisions for the use
of the workers?
38
19(1)
42 - 51
Are the latrine and urinal accommodation for male and
female workers provided according to the prescribed
provisions?
39
89
Has any worker suspected to have contracted any notifiable
disease?
40
87
102
Is any breach of the Health provisions laid down in schedules
I to XXVII of Rule 102 taking place??
HARYANA GOVT. GAZ., MAY 15, 2018 (VYSK. 25, 1940 SAKA)
[PART I
1270
B.
PAYMENT OF WAGES ACT, 1936 AND THE RULES MADE THEREUNDER
Sr.
No.
Section
Rule
Details
Yes/No/N.A.
1
5
Whether Register of wages is maintained in proper form and
details upto date.
2
5
Whether payment of wages is ensured on the 7th /10th of
every month of succeeding month.
3
23(3)(d)
8
Whether notice of date of payment is displayed as per the
provision of the Act.
4
10
Whether application in respect of fines being imposed on
the employees is being sent to the Labour Commissioner as
per rule.
5
26(3)
18
Annual return in the prescribed common form i.e. Format
AR is sent not later than 31st day of January of the
succeeding year.
C.
MINIMUM WAGES ACT, 1948 AND THE RULES MADE THEREUNDER
Sr.
No.
Section
Rule
Details
Yes/No/N.A.
1
18
25 & 26
Whether the prescribed registers and records are maintained
upto date?
2
Whether wages paid to employees is as per the minimum
rates of wages notified by the Government under the
Minimum Wages Act, 1948.
D.
THE EQUAL REMUNERATION ACT, 1976 AND THE RULES MADE THEREUNDER
Sr.
No.
Section
Rule
Details
Yes/No/N.A.
1
Number of Female employees employed
2
Whether they are being paid same wages for the same work as
being performed by male workers?
E.
THE CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970 AND THE RULES MADE
THEREUNDER
Sr.
No.
Section
Rule
Details
Yes/No/N.A.
1
Number of Contract Labour Employed
2
Number of Contractors engaged
3
7
17
Whether Registration is obtained
4
12
21
Whether Contractor (s) possesses a Valid Licence
5
26
Whether the conditions of service prescribed under Rule 26
are complied with
6
73, 74, 77 &
78
Whether the required Registers are being maintained by the
Principal Employer or contractor(s)
7
82 (1) & (2)
Whether returns prescribed are sent by the Principal Employer
and contractor
PART I]
HARYANA GOVT. GAZ., MAY 15, 2018 (VYSK. 25, 1940 SAKA)
1271
F.
PAYMENT OF GRATUITY ACT, 1972 AND THE RULES MADE THEREUNDER
Sr. No.
Section
Rule
Details
Yes/No/N.A.
1
3(1)
Whether notice in Form A for opening of the establishment has
been submitted to the Controlling Authority?
2
3(2)
Whether requisite information in Form B has been given to the
Controlling Authority in the event of any change in the name
and address of the employer or nature of business?
3
4(1)
Whether the name and designation of the officer who will
receive notice under the Act, has been displayed?
4
6(1)
Whether information regarding nomination in Form F has been
sent in respect of the concerned employees who have
completed one year of service?
5
20
Whether abstract of the Act/Rules displayed at the premises?
G.
THE PAYMENT OF BONUS ACT, 1965 AND THE RULES MADE THEREUNDER
Sr. No.
Section
Rule
Details
Yes/No/N.A.
1
Date on which the factory/ establishment started manufacturing
process/ working
2
Date of commencement and completion of accounting year
3
Has the employer opted for the closure of the accounts and
balance to any day other than 31st March?
4
2(1)
(iii)
Has the option given exercised with the previous approval of the
prescribed authority?
5
4(a) &
(b)
Has the gross profit been computed/ calculated in the manner
specified in the First/ Second Scheme
6
Amount of available surplus
7
Amount of allocable surplus
8
Whether the infancy period completed? If so, from which date
9
No. of workers employed month wise during the closing year:
(i)
Name of the month
(ii)
Number of workers
(iii)
No. of workers entitled to bonus
10
Whether the workers entitled to bonus, have been paid bonus?
11
Whether the payment of bonus has been made within the
prescribed time limit?
12
4(a), 4(b)
& 4(c)
Whether the following registers are being maintained :-
(i)
Register of computation of allocable surplus in Form A
(ii)
Register of set on and set off of allocable surplus in
Form B
(iii) Register of bonus paid to the employees for the accounting
year in Form C
HARYANA GOVT. GAZ., MAY 15, 2018 (VYSK. 25, 1940 SAKA)
[PART I
1272
H.
MATERNITY BENEFIT ACT, 1961
Sr. No.
Section
Rule
Details
Yes/No/N.A.
1
No. of women workers eligible for Maternity Benefit under the Act
during the year:
2
No. of women workers to whom Maternity benefit were paid during
the year. Details in respect of each eligible women
I.
THE PUNJAB INDUSTRIAL ESTABLISHMENTS (NATIONAL FESTIVAL HOLIDAYS AND
CASUAL, AND SICK LEAVE) ACT, 1965.
Sr. No.
Section
Rule
Details
Yes/No/N.A.
1
Statement of festival holidays sent to Inspector of the area and
exhibited in the factory or not.
2
Register of festival holidays, casual and sick leave of workers
maintained for all the workers employed in the factory or not.
J.
THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986 AND THE RULES MADE
THEREUNDER
Sr. No.
Section
Rule
Details
Yes/No/N.A.
1
10
Whether any child labour is employed by the employer? If so,
whether record maintained as under:-
i.
Name of Child Labour
ii. Age of the Child Labour
iii. Parent’s name and address
iv. Nature of work being performed by the child
v. Hours and period of work.
K.
THE PUNJAB LABOUR WELFARE FUND ACT, 1965 AND THE RULES MADE THEREUNDER
Sr. No.
Section
Rule
Details
Yes/No/N.A.
1
No. of employees employed
(a)
Employees directly employed
(b) Employed through contractor as contract labour
2
9A
Whether the employer has paid his share of the contribution
and that of the employee to the Welfare Commissioner within
the prescribed time?
3
Amount of unpaid accumulation, if any
4
22(1) (a) &
22(1) (b)
Whether the employer is maintaining following registers:
(a)
Register of wages in Form A
(b)
Register in Form B?
5
21(2)
Whether the employer is sending return to the Welfare
Commissioner in the form of a copy of extract from register in
Form B?
L.
THE BUILDING & OTHER CONSTRUCTION WORKERS (RE&CS) ACT, 1996 AND THE RULES
MADE THEREUNDER
(Only for Start-Ups)
1.
Name & Address of the Establishment
2.
Start-up Recognition no.
3.
Permanent address of the Establishment
4.
Name and address of the Employer
PART I]
HARYANA GOVT. GAZ., MAY 15, 2018 (VYSK. 25, 1940 SAKA)
1273
5.
Name and address of the Contractor
6.
Nature of building /other construction work
7.
Total no. of workers employed
8.
Registration Number, Date Valid upto
S. No. Section
Rule
Details
Yes/ No/ N.A.
1.
32
Has the provision of sufficient supply of wholesome drinking water made
by the employer at the construction site?
2.
33
80
Has the provision of Latrine and Urinal accommodation made at the
construction site?
3.
34
Has the provision of temporary living accommodation with separate
cooking place, bathing, washing and lavatory facilities made at the
construction site?
4.
35
Has the provision of crèche made at the construction site?
5.
36
119
Are the First-Aid facilities provided at the construction site as prescribed?
6.
37
81-84
Has the provision of Canteen facility made at the construction site as
prescribed?
7.
38 (1)
274
Has the management constituted safety committee as prescribed?
8.
38 (2)
275
Has the safety officer with prescribed qualifications been appointed for the
construction site where more than 500 workers are employed?
9.
39
276
Are the notices of accident sent in accordance with the prescribed
provisions?
10.
40
90
Are adequate measures taken to protect building workers against the
harmful effect of excessive noise or vibrations?
11.
40
91 (a)
Are sufficient firefighting equipments/ adequate water supply at ample
pressure and trained fire fighting workers provided?
12.
40
92
Has the employer formulated the emergency action plan to handle the
emergencies like fire and explosions, collapse of building or structures
etc.?
13.
40
93
Are all moving parts of transmission machinery properly guarded/ fenced?
14.
40
96 (a)
Are suitable measures taken at the work site in order to avoid exposure of
building workers to harmful and health hazard environment?
15.
40
96 (b)
Are special precautions taken for the safety of workers before allowing
them to enter into the confined space or tank or trench or excavation?
16.
40
97
Is the overhead protection erected along the periphery of building?
17.
40
98 (1)
Are the passage ways, platform kept free from obstruction?
18.
40
98
Are the building workers exposed to the hazard of falling from height?
19.
40
101
Are suitable protective equipments for the protection of eyes provided to
the workers engaged in the operation like welding, cutting, chipping and
grinding etc.?
20.
40
102
Are the appropriate personal protective equipments provided to the
workers?
21.
40
103
Are adequate precautions taken to avoid the electrical hazards?
HARYANA GOVT. GAZ., MAY 15, 2018 (VYSK. 25, 1940 SAKA)
[PART I
1274
S. No. Section
Rule
Details
Yes/ No/ N.A.
22.
40
104
Are the suitable barricade, warning signs and lights provided at the
construction site to safeguard the building workers from the vehicular
traffic?
23.
40
105
Has the employer ensured the stability of the structure against the wind
pressure and vibrations etc.?
24.
40
106
Is adequate and sufficient illumination level maintained in the passage
ways, stair ways and landing?
25.
40
111
Are the workers engaged as operators on cranes, winch and transport
equipment, medically examined?
26.
40
121-125 Are all the lifting appliances/ gears/winches suitably constructed / properly
maintained, safe load indicators provided and lifting appliances
periodically examined?
27.
40
127-147 Are all other precautionary measures taken for the safe operation of lifting
appliances?
28.
40
154-161 Are all the Transport and earth moving equipments suitably constructed /
properly maintained and equipped with silencers, tail lights power, hand
brakes, reversing alarm and search lights etc.?
29.
40
162-173 Are the safety provisions related to concrete work complied with?
30.
40
174-184 Are the safety provisions related to demolition work complied with?
31.
40
185-234 Are the safety provisions related to excavation and tunneling work
complied with?
32.
40
244
Are safety belts provided to the workers working at height?
33.
40
245-251 Are Form work, false work and shoring work designed constructed and
maintained to ensure the safety of the worker?
34.
40
254-271 Is the scaffolding safe and as per the provisions?
35.
40
280-288 Are the safety provisions related to piling work complied with?
M.
THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYEMNT AND
CONDITION OF SERVICE) ACT, 1979
Sr. No.
Section
Rule
Details
Yes/No/N.A.
1.
4(1)
Registration of certain establishments/licensing of Contractors
(Sec.8)
2.
6
Prohibition against employment of Inter-State migrant workmen
without registration.
3.
12
Duties and Obligations of Contractors
4.
13
Wage rates and other conditions of service of inter-state migrant
workman.
5.
14
Displacement allowance.
6.
15
Journey allowance etc.
7.
16
Other facilities.
8.
17(1)
Responsibility for payment of wages
9.
17(2)
Responsibility for payment of wages
10.
17(3)
Responsibility for payment of wages
11.
21
Inter State Migrant Workmen to be deemed to be in employment
from date of Recruitment.
12.
23
Registers and other records to be maintained.
13.
54
Display of Abstracts and Rules
14.
55
Display of Notices.
PART I]
HARYANA GOVT. GAZ., MAY 15, 2018 (VYSK. 25, 1940 SAKA)
1275
UNDERTAKING
1.
I /We do hereby certify that the contents given above are true and correct.
2.
That I/ We have gone through the scheme and have fully understood the contents of the scheme and
undertake to abide by the same.
3.
That it is declared that I/We are complying and will continue to comply with all provisions of Factories
Act, 1948, The Payment of Wages Act,1936, The Minimum Wages Act, 1948, The Equal Remuneration
Act, 1976 and Rules made thereunder, Contract Labour (Regulation & Abolition) Act, 1970 and the Rules
made thereunder, The Payment of Gratuity Act, 1972 and the Rules made thereunder, The Payment of
Bonus Act, 1965 and the Rules made thereunder, Maternity Benefit Act, 1961, The Punjab Industrial
Establishments (National Festival Holidays And Casual and Sick Leave) Act, 1965, The Child Labour
(Prohibition And Regulation) Act, 1986 and the Rules made thereunder, The Punjab Labour Welfare Fund
Act, 1965 & the rules made thereunder, Building & Other Construction Workers (RE&CS) Act, 1996 & the
Rules made thereunder and The Inter-State Migrant Workmen (Regulation Of Employment And Condition Of
Service) Act, 1979 , covered by the Self Certification Scheme.
4.
That I/We agree to accept the penalty prescribed under law in case of violation detected in the unit under
any law covered under the scheme after applying under the Scheme.
Place:
Date:
(Sign. of employer / entrepreneur / occupier)
Name………………
Address………………
E-mail………………..
HARYANA GOVT. GAZ., MAY 15, 2018 (VYSK. 25, 1940 SAKA)
[PART I
1276
From
M/s.________________
____________________
____________________
To
Labour Commissioner-cum-
Chief Inspector of Factories,
Haryana, Chandigarh.
Sub:-
Application for Registration under Self Certification Scheme for Shops and
Commercial Establishments under the various labour laws.
-------------
Sir,
Reference Government of Haryana Notification No._____________Dated_______________
regarding Self Certification Scheme of the Labour Department.
I/We have gone through the above said scheme and have understood the same and wish to be
covered under this scheme. The Self Certification Performa under the scheme is enclosed herewith. I/We
undertake to abide by all terms and conditions of the scheme. It is also certified that I/We am/are
competent & duly authorized to make any statement or provide any information to any Central/State
Government agency on behalf of this establishment.
Yours faithfully,
(Sign. of employer/entrepreneur/occupier)
Name…………………
Address………………
e-mail………………..
Encls: Self -Certification Proforma
PART I]
HARYANA GOVT. GAZ., MAY 15, 2018 (VYSK. 25, 1940 SAKA)
1277
Self-Certification Proforma for Shops and Commercial Establishments under various Labour laws
[Prescribed under Self Certification Scheme of Government of Haryana, Labour Department
Notification No. ______ Dated________]
(1)
Name & Address of the establishment / factory_______________________________
_____________________________________________________________________
(2)
Name of Occupier/Employer (Inc. Email ID)__________________________________
(3)
License No. under Factory Act(with validity)__________________________________
or Registration number of establishment registered under the Punjab Shops and Commercial Establishments
Act, 1958______________________________________
(4)
Average No. of Workers employed :-
Male__________________Female___________________Total__________________
(5)
Business Activity _______________________________________________________
(A)
The Punjab Shops and Commercial Establishments Act, 1958 and the rules made thereunder.
Sr.
No.
Section
Rule
Details
Yes/No/N.A.
1
13
13
Whether Registration Certificate is obtained or not.
2
7
Whether the employees are being paid over time for working over
and above the prescribed hours of work in terms of the provisions
of the Act and the rules.
3
Whether the Register of Employees is maintained upto date or
not?
4
Whether welfare facilities prescribed under the rules are being
provided. If permission for night working of women employees
obtained?
5
Whether the women workers are provided transport and security
facilities during the hours from 8.00 P.M. to 6.00 A.M. while
going to work and back to residence.
6
Whether child below of the age of 14 is employed.
(B)
PAYMENT OF WAGES ACT, 1936 AND THE RULES MADE THEREUNDER
Sr.
No.
Section
Rule
Details
Yes/No/N.A.
1
5
Whether Register of wages is maintained in proper form and details
upto date.
2
5
Whether payment of wages is ensured on the 7th / 10th of every
month of succeeding month.
3
23(3)(d)
8
Whether notice of date of payment is displayed as per the
provision of the Act.
4
10
Whether application in respect of fines being imposed on the
employees is being sent to the Labour Commissioner as per rule.
5
26(3)
18
Annual return in the prescribed common form i.e. Format AR is
sent not later than 31st day of January of the succeeding year.
(C)
MINIMUM WAGES ACT, 1948 AND THE RULES MADE THEREUNDER
Sr.
No.
Section
Rule
Details
Yes/No/N.A.
1
18
25 &26
Whether the prescribed registers and records are maintained upto
date?
2
Whether wages paid to employees is as per the minimum rates of
wages notified by the Government under the Minimum Wages
Act, 1948.
HARYANA GOVT. GAZ., MAY 15, 2018 (VYSK. 25, 1940 SAKA)
[PART I
1278
(D)
THE EQUAL REMUNERATION ACT, 1976 AND THE RULES MADE THEREUNDER
Sr.
No.
Section
Rule
Details
Yes/No/N.A.
1
Number of Female employees employed
2
Whether they are being paid same wages for the same work as
being performed by male workers?
(E)
THE CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970 AND THE RULES MADE
THEREUNDER
Sr.
No.
Section
Rule
Details
Yes/No/N.A.
1
Number of Contract Labour Employed
2
Number of Contractors engaged
3
7
17
Whether Registration is obtained
4
12
21
Whether Contractor (s) possesses a Valid Licence
5
26
Whether the conditions of service prescribed under Rule 26 are
complied with
6
73, 74,
77 & 78
Whether the required Registers are being maintained by the
Principal Employer or contractor(s)
7
82 (1) &
Whether returns prescribed are sent by the Principal Employer
(F)
PAYMENT OF GRATUITY ACT, 1972 AND THE RULES MADE THEREUNDER
Sr.
No.
Section
Rule
Details
Yes/No/N.A.
1
3(1)
Whether notice in Form A for opening of the establishment has
been submitted to the Controlling Authority?
2
3(2)
Whether requisite information in Form B has been given to the
Controlling Authority in the event of any change in the name and
address of the employer or nature of business?
3
4(1)
Whether the name and designation of the officer who will receive
notice under the Act, has been displayed?
4
6(1)
Whether information regarding nomination in Form F has been
sent in respect of the concerned employees who have completed
one year of service?
5
20
Whether abstract of the Act/Rules displayed at the premises?
(G)
THE PAYMENT OF BONUS ACT, 1965 AND THE RULES MADE THEREUNDER
Sr.
No.
Section
Rule
Details
Yes/No/N.A.
1
Date on which the factory/ establishment started manufacturing
process/ working
2
Date of commencement and completion of accounting year
3
Has the employer opted for the closure of the accounts and
balance to any day other than 31st March?
4
2(1) (iii)
Has the option given exercised with the previous approval of the
prescribed authority?
PART I]
HARYANA GOVT. GAZ., MAY 15, 2018 (VYSK. 25, 1940 SAKA)
1279
Sr.
No.
Section
Rule
Details
Yes/No/N.A.
5
4(a) & (b)
Has the gross profit been computed/ calculated in the manner
specified in the First/ Second Scheme
6
Amount of available surplus
7
Amount of allocable surplus
8
Whether the infancy period completed? If so, from which date
9
No. of workers employed month wise during the closing year:
(i)
Name of the month
(ii)
Number of workers
(iii) No. of workers entitled to bonus
10
Whether the workers entitled to bonus, have been paid bonus?
11
Whether the payment of bonus has been made within the
prescribed time limit?
12
4(a),
4(b) &
4(c)
Whether the following registers are being maintained :-
(i)
Register of computation of allocable surplus in Form A
(ii) Register of set on and set off of allocable surplus in Form B
(iii) Register of bonus paid to the employees for the accounting
year in Form C
(H)
MATERNITY BENEFIT ACT, 1961
Sr.
No.
Section
Rule
Details
Yes/No/N.A.
1
No. of women workers eligible for Maternity Benefit under the
Act during the year:
2
No. of women workers to whom Maternity benefit were paid
during the year. Details in respect of each eligible women
(I)
THE PUNJAB INDUSTRIAL ESTABLISHMENTS (NATIONAL FESTIVAL HOLIDAYS AND
CASUAL, AND SICK LEAVE) ACT, 1965.
Sr.
No.
Section
Rule
Details
Yes/No/N.A.
1
Statement of festival holidays sent to Inspector of the area and
exhibited in the factory or not.
2
Register of festival holidays, casual and sick leave of workers
maintained for all the workers employed in the factory or not.
(J)
THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986 AND THE RULES MADE
THEREUNDER
Sr.
No.
Section
Rule
Details
Yes/No/N.A.
1
10
Whether any child labour is employed by the employer? If so,
whether record maintained as under:-
i.
Name of Child Labour
ii.
Age of the Child Labour
iii.
Parent’s name and address
iv.
Nature of work being performed by the child
v.
Hours and period of work.
HARYANA GOVT. GAZ., MAY 15, 2018 (VYSK. 25, 1940 SAKA)
[PART I
1280
(K)
THE PUNJAB LABOUR WELFARE FUND ACT, 1965 AND THE RULES MADE THEREUNDER
Sr.
No.
Section
Rule
Details
Yes/No/N.A.
1
No. of employees employed
(c)
Employees directly employed
(d) Employed through contractor as contract labour
2
9A
Whether the employer has paid his share of the contribution and
that of the employee to the Welfare Commissioner within the
prescribed time?
3
Amount of unpaid accumulation, if any
4
22(1) (a)
& 22(1)
(b)
Whether the employer is maintaining following registers:
(c) Register of wages in Form A
(d) Register in Form B?
5
21(2)
Whether the employer is sending return to the Welfare
Commissioner in the form of a copy of extract from register in
Form B?
(L)
THE BUILDING & OTHER CONSTRUCTION WORKERS (RE&CS) ACT, 1996 AND THE RULES
MADE THEREUNDER
(Only for Start-Ups)
1.
Name & Address of the Establishment
2.
Start-up Recognition No.
3.
Permanent address of the Establishment
4.
Name and address of the Employer
5.
Name and address of the Contractor
6.
Nature of building /other construction work
7.
Total no. of workers employed
8.
Registration Number, Date Valid upto
S. No. Section Rule
Details
Yes/ No/ N.A.
1.
32
Has the provision of sufficient supply of wholesome drinking water made
by the employer at the construction site?
2.
33
80
Has the provision of Latrine and Urinal accommodation made at the
construction site?
3.
34
Has the provision of temporary living accommodation with separate
cooking place, bathing, washing and lavatory facilities made at the
construction site?
4.
35
Has the provision of crèche made at the construction site?
5.
36
119
Are the First-Aid facilities provided at the construction site as prescribed?
6.
37
81-84 Has the provision of Canteen facility made at the construction site as
prescribed?
7.
38 (1)
274
Has the management constituted safety committee as prescribed?
PART I]
HARYANA GOVT. GAZ., MAY 15, 2018 (VYSK. 25, 1940 SAKA)
1281
S. No. Section Rule
Details
Yes/ No/ N.A.
8.
38 (2)
275
Has the safety officer with prescribed qualifications been appointed for the
construction site where more than 500 workers are employed?
9.
39
276
Are the notices of accident sent in accordance with the prescribed
provisions?
10.
40
90
Are adequate measures taken to protect building workers against the
harmful effect of excessive noise or vibrations?
11.
40
91 (a) Are sufficient firefighting equipments/ adequate water supply at ample
pressure and trained fire fighting workers provided?
12.
40
92
Has the employer formulated the emergency action plan to handle the
emergencies like fire and explosions, collapse of building or structures etc.?
13.
40
93
Are all moving parts of transmission machinery properly guarded/ fenced?
14.
40
96 (a) Are suitable measures taken at the work site in order to avoid exposure of
building workers to harmful and health hazard environment?
15.
40
96 (b) Are special precautions taken for the safety of workers before allowing
them to enter into the confined space or tank or trench or excavation?
16.
40
97
Is the overhead protection erected along the periphery of building?
17.
40
98 (1) Are the passage ways, platform kept free from obstruction?
18.
40
98
Are the building workers exposed to the hazard of falling from height?
19.
40
101
Are suitable protective equipments for the protection of eyes provided to
the workers engaged in the operation like welding, cutting, chipping and
grinding etc.?
20.
40
102
Are the appropriate personal protective equipments provided to the
workers?
21.
40
103
Are adequate precautions taken to avoid the electrical hazards?
22.
40
104
Are the suitable barricade, warning signs and lights provided at the
construction site to safeguard the building workers from the vehicular
traffic?
23.
40
105
Has the employer ensured the stability of the structure against the wind
pressure and vibrations etc.?
24.
40
106
Is adequate and sufficient illumination level maintained in the passage
ways, stair ways and landing?
25.
40
111
Are the workers engaged as operators on cranes, winch and transport
equipment, medically examined?
26.
40
121-125 Are all the lifting appliances/ gears/winches suitably constructed / properly
maintained, safe load indicators provided and lifting appliances periodically
examined?
27.
40
127-147 Are all other precautionary measures taken for the safe operation of lifting
appliances?
28.
40
154-161 Are all the Transport and earth moving equipments suitably constructed /
properly maintained and equipped with silencers, tail lights power, hand
brakes, reversing alarm and search lights etc.?
29.
40
162-173 Are the safety provisions related to concrete work complied with?
30.
40
174-184 Are the safety provisions related to demolition work complied with?
31.
40
185-234 Are the safety provisions related to excavation and tunneling work
complied with?
32.
40
244
Are safety belts provided to the workers working at height?
33.
40
245-251 Are Form work, false work and shoring work designed constructed and
maintained to ensure the safety of the worker?
34.
40
254-271 Is the scaffolding safe and as per the provisions?
35.
40
280-288 Are the safety provisions related to piling work complied with?
HARYANA GOVT. GAZ., MAY 15, 2018 (VYSK. 25, 1940 SAKA)
[PART I
1282
(M)
THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYEMNT AND
CONDITION OF SERVICE) ACT, 1979
Sr. No.
Section
Rule
Details
Yes/No/N.A.
1.
4(1)
Registration
of
certain
establishments/licensing
of
Contractors (Sec.8)
2.
6
Prohibition against employment of Inter-State migrant
workmen without registration.
3.
12
Duties and Obligations of Contractors
4.
13
Wage rates and other conditions of service of inter-state
migrant workman.
5.
14
Displacement allowance.
6.
15
Journey allowance etc.
7.
16
Other facilities.
8.
17(1)
Responsibility for payment of wages
9.
17(2)
Responsibility for payment of wages
10.
17(3)
Responsibility for payment of wages
11.
21
Inter State Migrant Workmen to be deemed to be in
employment from date of Recruitment.
12.
23
Registers and other records to be maintained.
13.
54
Display of Abstracts and Rules
14.
55
Display of Notices.
UNDERTAKING
1.
I /We do hereby certify that the contents given above are true and correct.
2.
That I/ We have gone through the scheme and have fully understood the contents of the scheme and
undertake to abide by the same.
3.
That it is declared that I/We are complying and will continue to comply with all provisions of Factories
Act, 1948, The Payment of Wages Act,1936, The Minimum Wages Act, 1948, The Equal Remuneration
Act, 1976 and Rules made thereunder, Contract Labour (Regulation & Abolition) Act, 1970 and the Rules
made thereunder, The Payment of Gratuity Act, 1972 and the Rules made thereunder, The Payment of
Bonus Act, 1965 and the Rules made thereunder, Maternity Benefit Act, 1961, The Punjab Industrial
Establishments (National Festival Holidays And Casual and Sick Leave) Act, 1965, The Child Labour
(Prohibition And Regulation) Act, 1986 and the Rules made thereunder , The Punjab Labour Welfare Fund
Act , 1965 and the rules made thereunder, Building & Other Construction Workers (RE&CS) Act, 1996 &
the Rules made thereunder and The Inter-State Migrant Workmen (Regulation Of Employment And
Condition Of Service) Act, 1979, covered by the Self Certification Scheme.
4.
That I/We agree to accept the penalty prescribed under law in case of violation detected in the unit under
any law covered under the scheme after applying under the Scheme.
Place:
Date:
(Sign. of employer / entrepreneur / occupier)
Name…………………
Address……................
Email…………..……..
56228—C.S.—H.G.P., Chd.