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GOVERNMENT OF PUDUCHERRY
LABOUR DEPARTMENT
(G.O. Ms. No. 01/2019/Lab./G, Puducherry, dated 3rd January 2019)
NOTIFICATION
The following Inspection Scheme has been devised for the Chief
Inspectorate of Factories and Boilers to facilitate Ease of Doing
Business in the Union territory of Puducherry and will be in compliance
with the requirements enumerated in the Business Reform Action Plan –
for the year 2018, devised by the Government of India. This system
aims to provide transparency and accountability of inspections in the
factories and simultaneously promote compliance of labour laws.
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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2019 } | 11 {
No.
3
Poudouchéry Vendredi
11
Janvier
2019
No.
Puducherry
Friday
11th
January
2019
(21 Pausa 1940)
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LA GAZETTE DE L'ETAT
[PART–II
The Scheme is prepared as a two part Scheme wherein, the first
part pertains to the detailed procedures for carrying out inspections
of factories as “Inspection Scheme” and the second part contains the
“Certification Scheme”, i.e., Self Certification and Third Party
Certification of factories for low risk and medium risk factories
respectively, and will be implemented as follows:–
PART - I
Inspection Scheme
In order to facilitate ease of doing business and to bring more
transparency, computerized risk assessment based inspections and
random allocation of Inspecting Officers is the back bone of this
Scheme.
The following Labour laws are enforced by the Chief Inspectorate
of Factories and Boilers and the respective Puducherry Rules framed
thereunder.
(1) The Factories Act, 1948.
(2) The Child and Adolescent Labour (Prohibition and
Regulation) Act, 1986.
(3) The Contract Labour (Regulation and Abolition) Act, 1970.
(4) The Maternity Benefit Act, 1961.
(5) The Payment of Wages Act, 1936.
(6) The Minimum Wages Act, 1948.
(7) The Payment of Bonus Act, 1965.
(8) Equal Remuneration Act, 1984.
(9) Manufacture, Storage and Import of Hazardous Chemicals
(MSIHC) Rules, 1989.
(10) The Puducherry Industrial (National and Festival Holidays)
Act, 1964.
(11) The Control on Industrial Major Accident Hazards (CIMAH)
Rules, 1992.
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PART–II]
LA GAZETTE DE L'ETAT
1. The Scheme.— The Inspection Scheme mandates the following
principles for promoting Ease of Doing Business:–
(i) Inspection would be carried out for all the Labour Acts
listed above at the same time in any particular factory.
(ii) The same Inspector will not inspect the same factory twice
consecutively.
(Note: This may not be applicable in the case of factories
located in Karaikal, Mahe and Yanam).
(iii) For all inspection carried out, the inspection report would
be uploaded in the website and the inspection order/notice (as the case
may be) would be sent to the concerned factory within 48 hours of
inspection.
2. Categorization of Factories.— For the purpose of this
Inspection Scheme, based on the type of manufacturing process and
the number of workers engaged therein, factories are classified as Very
High Risk, High Risk, Medium Risk and Low Risk categories of factories
Category – A : Very High Risk Category
(a) All Major Accident Hazard (MAH) Factories.
Category – B : High Risk Category
(i) Factories involving hazardous process and employing more
than 100 workers.
(ii) Factories employing more than 250 workers and not covered
under hazardous process.
Category – C : Medium Risk Category
(i) Factories involving hazardous process and employing up to
100 workers.
(ii) Factories employing more than 50 workers and up to
250 workers and not covered under hazardous process.
Medium risk factories shall be covered under Third Party Certification
Scheme (optional) and would be inspected once in every 3 years.
Category – D : Low Risk Category
All the other factories not covered under medium, high and
very high risk categories shall be categorized as Low risk under
computerized Risk Assessment procedure.
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LA GAZETTE DE L'ETAT
[PART–II
Low risk factories shall be covered under Self Certification
Scheme (optional) and would be inspected once in every 5 years.
3. Schedule of Inspections.— The Schedule of Inspections will
be determined through online inspection module. The competency,
jurisdiction and frequency of inspection for different cadres of
Inspecting Officers are given below:–
Designation
Category of factories
No. of Inspection
of Officer
per year
(1)
(2)
(3)
Assistant
(1) Medium risk category
35% of total number of
Inspector of
of factories employing
such factories.
Factories.
up to 20 workers.
(2) All the low risk category
20% of total number of
of factories.
such factories.
Inspector of
(1) Medium risk category
50% of total number of
Factories.
of factories employing
such factories.
more than 20 workers.
(2) Low risk category of
20% of total number of
factories employing more
such factories.
than 20 workers.
(3) High risk Category of
Once in a year.
Factories.
(4) Very high risk Category
Once in every six (6) months.
of Factories.
4. Methodology of Inspections.— The factories will be selected
randomly as per the frequency of inspections indicated above. Computer
generated intimation will be issued to the factories before inspection.
The Occupier/Manager will have an option to raise a complaint in the
online portal, if, inspection other than this Scheme is conducted in their
factory. The Inspecting Officer will be selected randomly through
computerized online inspection module. The same Inspecting Officer will
not inspect the same factory twice consecutively. In case of exigencies,
such as on duty, leave, Court appearance, etc., the factory which is due
for inspection shall be inspected by the available officer.
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PART–II]
LA GAZETTE DE L'ETAT
(a) In respect of Medium Risk, High risk and Very High risk,
every inspection in the notified factory will be carried out as a team
inspection comprising of the Inspector of Factories, Medical Inspector
of Factories-cum-Certifying Surgeon and the official of the Industrial
hygiene wing of the Chief Inspectorate of Factories.
(b) In the case of Low risk category of factories, they are
exempted from inspection by the Medical Inspector of Factories-cum-
Certifying Surgeon and the official of the Industrial hygiene wing. But,
in special cases as required at the time of other inspections and in
exigencies, the Medical Inspector of Factories-cum-Certifying Surgeon
and the official of the Industrial hygiene wing will conduct the
inspection and submit the report for necessary action.
5. Inspection Report.— The compliance of all applicable labour
laws will be verified by the Inspecting Officer(s) during the inspection.
The consolidated inspection report (of the Factory Inspector, Medical
Inspector and Officer – Industrial hygiene wing) will be uploaded by the
Inspector concerned within 48 hours after the completion of the
inspection. If, there are any defects/contraventions noticed, an alert will
be sent to the Occupier/Manager, so that he may view/download the
inspection report/show cause notice. The Occupier/Manager will be
required to take corrective action and upload compliance report within
seven (7) days in the case of show cause notice and fifteen (15) days in
the case of inspection report. The compliance report will be scrutinized
and effective follow up action will be taken.
6. Complaint/Petition.— On receipt of complaint against any
category of factory, the inspection will be carried out by the team of
officials including Officers of Labour Office (Enforcement) in addition
to regular Inspecting Officer and/or other higher level officer authorized
by the Chief Inspector of Factories. In case of repeated complaint within
a year, a team of officers selected by Chief Inspector of Factories will
inspect the factory.
7. Accident/Incident Inspection.— In case of accident, dangerous
occurrence and other emergencies, Chief Inspector of Factories, will
order additional inspection in the particular factory.
8. Squad Inspection.— Squad inspection involving more than one
inspector will be conducted in accident prone factories as per the orders
of the Chief Inspector of Factories.
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LA GAZETTE DE L'ETAT
[PART–II
Factories enrolled under the Self – Certification-cum-Combined
Annual Returns Scheme or the Third party Certification Scheme are
exempted from inspection, subject to condition and as per details in
Part-II. However, during the intervening period, such factories may be
inspected with the authorization of the Chief Inspector of Factories in
case of complaint, accident or other exigencies.
PART – II
Certification Scheme
As part of compliance with ease of doing business, and as indicated
in the Inspection Scheme, the factories can opt for self-certification in
the case of low risk category and certification by a Third Party for
medium risk category of factories. Details of the certification of such
factories are as follows:—
1. Self Certification Scheme.— Low risk categories of factories are
eligible to opt for this Scheme. These factories may apply as per
Annexure-I. Coverage under this Scheme is detailed out in the
Annexure-III.
Prerequisite
Factories that opt for Self Certification Scheme should be in
possession of the factory licence valid for 5 consecutive calendar years
from the date of such application.
Application procedure
1. The factory seeking self certification shall:
(a) Submit the application Form in Annexure-I and undertaking
in Annexure-II
(b) Remit a processing fee of ` 1,000 (paid through online
payment portal of the Government of Puducherry under the head
of account “0230-00-104-00-00 Labour, Fees realised under the
Factories Act – Others”,.
(c) Submit the Form for Self Certification-cum-Consolidated
Annual Return as per Annexure–III.
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PART–II]
LA GAZETTE DE L'ETAT
2. Such factories shall be exempted from Department inspection
for the next five years, but, the occupier shall submit the Combined
Annual Returns every year. However, in case of complaint, accident or
other exigencies, the factory will be inspected as authorised by the Chief
Inspector of Factories.
3. On failure to submit the combined Annual Returns within the
prescribed time-limit or within the extended time-limit if any, granted by
the Chief Inspector of Factories, Puducherry, the occupier shall cease
to be covered under the Self-Certification Scheme
2. Third Party Certification Scheme.— Low and Medium risk
categories of factories are eligible to opt for Third Party Certification.
Director-General of Factory Advise Service and Labour
Institutes (DGFASLI), Ministry of Labour, Government of India, Sion,
Mumbai or Certified Safety Auditors accredited by the DGFASLI would
be the Third Party Certification Agency.
Prerequisite: Factories that opt for Third Party Certification
Scheme should possess the factory licence valid for 3 consecutive
calendar years from the date of such application.
Application Procedure
1. The application seeking third party certification shall:
(d) Submit the application Form in Annexure - I
(e) Remit a processing fee of ` 2,000 (paid through online
payment portal of the Government of Puducherry under the head
of account “0230-00-104-00-00 Labour, Fees realised under the
Factories Act – Others”,.
2. Upon submission of the Third Party Certification, such factories
shall be exempted from Department Inspection for that next calendar year
and the next two calendar years or as opted by the applicant. However,
in case of complaint, accident or other exigencies, the factory will be
inspected as authorised by, with permission from the Chief Inspector of
Factories.
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LA GAZETTE DE L'ETAT
[PART–II
3. On failure to submit the Third Party Certification within the
prescribed time-limit or within the extended time-limit if any, granted by
the Chief Inspector of Factories, Puducherry, the occupier shall cease
to be the covered under the Third Party Certification Scheme.
(By order)
E. VALLAVAN,
Additional Secretary to Government (Labour).
————
ANNEXURE - I
APPLICATION FORM
From
M/s.
To
The Chief Inspector of Factories,
Labour Department Complex,
Vazhudavur Road,
Gandhi Nagar,
Puducherry - 605 009.
Sir,
Sub. : Application for registration to be covered under Self
Certification-cum-Consolidated Annual Return Scheme/Third
Party Certification Scheme under various labour laws being
implemented by the Chief Inspector of Factories as per the
terms and conditions of the Scheme.
* * * *
I have gone through the abovesaid Scheme and have understood
the same. I, wish to be covered under (subscribe for) the ...........................
Scheme. As such, I request you to kindly issue me/us necessary
registration under the same. The necessary information and documents,
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PART–II]
LA GAZETTE DE L'ETAT
as required under the Scheme are enclosed. I undertake to abide by all
terms and conditions of the Scheme.
I opt to be covered for the period from ..................................
It is also certified that I am the occupier of the factory and do
hereby provide the relevant information to, on behalf of my factory
named M/s. .............................................. located at .....................................
Kindly issue the necessary approval at the earliest.
Yours faithfully,
[Name and address of the occupier]
————
ANNEXURE - II
UNDERTAKING
[To be filed by the Occupier on a Non-Judicial Stamp Paper of ` 100]
I .................................................., S/o. ..................................................,
Shri. ...................................................., R/o. ...................................................
and Occupier of M/s. ............................................... hereby state as under.
That I have applied for grant of coverage of factory by the name
of .................................................. situated at [complete address of the
factory] under the Self Certification-cum-Consolidated Annual Return
Scheme of the Labour Department, Government of Puducherry as notified
vide G.O. No. ........... Lab-G, dated .................... 2018.
1. That I have gone through the Scheme and have fully understood
the contents of this Scheme and undertake to abide by the same.
2. That it is declared that I am complying with and will continue
to comply with all provisions of labour laws covered under this Scheme.
3. I agree that in case of violation detected in my factory under
the labour laws covered under the Scheme during Self Certification
period, I will be responsible for all the consequences. If, any violation
is detected during the course of inspection, it will be processed as per
the provisions of the respective labour laws.
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LA GAZETTE DE L'ETAT
[PART–II
4. I shall not engage or permit to engage any child labour and
bonded labour in my factory.
Place :
Date :
Deponent.
Verification
I, the above named deponent(s) do hereby further solemnly affirm
that the contents given above are true and correct to my/our knowledge.
Place :
Date :
Deponent.
————
ANNEXURE III
Form for Self Certification-cum-Consolidation Annual Return to be
Submitted by Occupier of the Factory for Compliance of Labour Laws
I, Mr./Mrs./Miss. .................................................... hereby certify that
I am the Occupier of the factory whose identification and general details
are as follows. I hereby certify that my factory have fully and correctly
complied with all the labour laws under the Scheme and the status of
compliance of following labour laws and annual return of my factory
during the year ....................... is as under.
Coverage under this Scheme:
(1) The Factories Act, 1948.
(2) The Child and Adolescent Labour (Prohibition and
Regulation) Act, 1986.
(3) The Maternity Benefit Act, 1961.
(4) The Payment of Wages Act, 1936.
(5) The Minimum Wages Act, 1948.
(6) The Payment of Bonus Act, 1965.
(7) The Puducherry Industrial (National and Festival Holidays)
Act, 1964.
(8) Equal Remuneration Act, 1976.
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PART–II]
LA GAZETTE DE L'ETAT
List of documents to be enclosed
1. Factory Licence.
2. Muster Roll in Form No. 23.
3. Register of Adult Workers in Form No. 12.
4. Register of Payment of Wages.
5. Notice of Period of Work for Adult workers in Form No. 11.
6. Leave with wages register.
7. Register of National and Festival Holidays and Form V – Notice
of National and Festival Holidays.
8. Register of White washing carried out in the factory.
9. Register of deductions from wages and fines.
10. Bonus Records.
11. Gratuity records.
12. Age verification records.
13. Unclaimed wages record.
14. Records pertaining to compliance to E.S.I.
15. Records pertaining to compliance to PF.
Health and safety
16. Details of Fire Extinguishers installed in the factory. (Specify
the type and number of extinguishers).
17. Fire drill/training record.
18. List of Personal Protective Equipments provided.
19. Test Certificates of Lifting tackles, pressure vessels, gauges
and safety devices.
————
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Printed at: Government Central Press, Puducherry.
Posted at: Puducherry HPO on every Tuesday
