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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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▪ 2020 } | 12 { No. 41 Poudouchéry Mercredi 1 2 Août 2020
No. Puducherry Wednesday 12th August 2020
(21 Sravana 1942)
GOVERNMENT OF PUDUCHERRY
LABOUR DEPARTMENT
(G.O. Ms. No. 05/Lab./AIL/G/2020, Puducherry, dated 7th August 2020)
NOTIFICATION
The Government of Puducherry has proposed to formulate "Self-Certification-cum-Online Common Inspection Scheme" for Shops and other Establishments in the Union territory of Puducherry to liberalise the enforcement of Labour Laws in pursuance of implementation of the "Business Reform Action Plan – Ease of Doing Business" as formulated by the Government of India.
[ 403] 404 LA GAZETTE DE L'ETAT [PART–II
The Scheme shall consist of the following provisions:
1. Preamble.—This Self-Certification-cum-Online Common Inspection Scheme is being introduced to streamline the implementation of various Labour Laws by the Department of Labour to facilitate the employer/entrepreneur without letting of labour welfare. The Scheme provides for transparency in the implementation of Labour Laws to effectively protect the interest of employer/employee. This Scheme is simplified in a systematic manner so as to ensure compliance of the Labour Acts and enables the Ease of Doing Business. This lays a strong emphasis on labour reforms for creating a conducive environment and relationship between the Employers and Workers.
2. On-line Common Inspection Scheme.— Based on the recommendations of the Business Reform Action Plan, with a view to regulate the inspections conducted by the Inspecting Officers from the level of Assistant Inspector of Labour to the Commissioner of Labour, giving specific responsibility and accountability in taking up inspections of various categories of establishments along with its allocation depending up on number of employees and category of the establishment etc., under various Labour Laws.
3. Objective.— The objective of this Self-Certification-cum-Online Common Inspection Scheme is to bring more transparency in the Inspection Procedures by introducing Computerized system of Risk Assessment based inspection with random allocation of Inspecting Officers. In pursuance of the directions of the Government, operational guidelines of the systemized Inspection Procedures are to be followed in the Labour Department are as follows:
The Acts covered under online inspection system are:
(1) The Puducherry Shops and Establishments Act, 1964 and
the Rules made thereunder.
(2) The Puducherry Catering Estt. Act, 1964 and the Rules made
thereunder.
(3) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and the Rules made thereunder.
(4) The Payment of Gratuity Act, 1972 and the Rules made
thereunder.
405
PART–II] LA GAZETTE DE L'ETAT
(5) The Contract Labour (Regulation and Abolition) Act, 1970
and the Rules made thereunder.
(6) The Minimum Wages Act, 1948 and the Rules made thereunder.
(7) The Payment of Wages Act, 1936 and the Rules made thereunder.
(8) The Payment of Bonus Act, 1965.
(9) The Maternity Benefit Act, 1961 and the Rules made thereunder.
(10) The Equal Remuneration Act, 1976 and the Rules made
thereunder.
(11) The Motor Transport Workers Act, 1961 and the Rules made
thereunder.
(12) The Child and Adolescent Labour (Prohibition and
Regulation) Act, 1986.
(13) The Sexual Harassment of Women at Work Place
(Prevention, Prohibition and Redressal) Act, 2013.
(14) The Bonded Labour System (Abolition) Act, 1976.
(15) The Puducherry Industrial Establishments (National and
Festival Holidays) Act, 1964.
(16) The Industrial Employment Standing Orders Act, 1946.
(17) The Working Journalists and other Newspaper Employees
(Conditions of Service and Miscellaneous Provisions) Act, 1955.
(18) The Sales Promotion Employees (Conditions of Services)
Act, 1976.
4. Identification of Establishments for Inspection Based up on
Computerized Risk Assessment.— Selection of establishments for online
inspection shall be on Risk Assessment on the following criteria:
1. Number of workers
2. Nature of activity of the establishment
3. Status of compliance on the basis of combined annual return
(or) Self-Certification-cum-Combined Annual Returns.
406 LA GAZETTE DE L'ETAT [PART–II
4. Complaints (from workers, trade unions, managements,
citizens, etc.,).
5. Compulsory Inspections (eg. Orders of Courts and other
Judicial & Administrative instructions).
6. An establishment inspected in a year will not be inspected in the next two years (Except check inspections in dispensing pumps).
Establishments will be categorised as Low Risk, Medium Risk and
High Risk as per the column Nos. 3 to 5 of the Table at Annexure-I.
The above categorization will be done through the Online Inspections Module developed as part of the Web portal of the Labour Department, Puducherry.
5. Frequency of Inspections.— The establishments will be subjected
to Compliance Inspection with the following frequency:-
(i) Medium Risk (M) : Once in 2 years
(ii) High Risk (H) : Once in every year.
6. Self-Certification Scheme.— Self-Certification Scheme has been
proposed for the following establishments:-
(a) Medium risk category of establishments
(b) Low risk category of establishments
The format for applying "Self-Certification" Scheme has been given in Annexure-II. Low risk category of establishments enrolled under the Self-Certification-cum-Online Common Inspection Scheme shall be exempted from physical inspection. The medium risk category of establishments in the above Scheme shall be randomly inspected once in two years. However, in addition to that such establishments may be inspected with the authorization of the Commissioner of Labour in case of complaint or other exigencies.
7. Scheduling of Inspections.— The Scheduling of Inspections will be done through the Online Inspection Module. The number of establishments to be inspected will be calculated on monthly basis for each category (L,M,H) as per the criteria in para 4. The establishments will be selected randomly by the computer in the first week of the month for the inspections to be conducted in the succeeding month. The selection of establishment will be in terms of nature of business, size of work force, locations, complaints, etc., 407
PART–II] LA GAZETTE DE L'ETAT
8. Inspection Report.— The Inspection report will be uploaded by the inspecting officer within 48 Hrs of the completion of the inspection in the On-line Inspection Module. An alert (SMS/EMAIL) will be sent to the employer so that he may view/download the inspection report.
9. Notice of Deficiencies and Compliance.— In case of noticing defects in the compliance of any of the Labour Laws, the Inspecting Officer will issue a notice to the Employer through the online inspection module. The Employer will be required to take corrective action and upload compliance report within 15 days. In case the establishment is found to be complying with the labour laws, the inspections will be deemed as satisfying and the issue closed.
10. Complaints.— In case any complaint is received alleging violation of any Labour Law/false declaration under Self Certification Scheme by any Employer/Establishment, such cases will be referred to the Commissioner of Labour who will decide on the further course of action.
The above operational guidelines shall be followed scrupulously and any violation in this regard will be construed as dereliction of duty and erring officials will be liable for disciplinary action.
11. Establishments Exempted From On-Line Inspection.—
1. Start-up Establishments for a period of 3 years from the date of commencement of work/business (except branches of establishment existing beyond 3 years).
2. Establishments having no employees.
3. Establishments submitted combined annual return and having
no violations consecutively for 3 years.
4. Any other establishment specifically exempted by the
Government.
5. Establishment inspected in the first year will be exempted for
the next 2 years for inspection by any Inspecting Officer.
(By order of the Lieutenant-Governor)
E. VALLAVAN, I.A.S., Secretary to Government (Labour).
408 LA GAZETTE DE L'ETAT [PART–II
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| Sl. No. | Name of the Act under which establishment covered | Establishment Category | Inspection | |||
| No. of workers in the Establishment (including all classes of Workers) | Inspecting Officer | |||||
| Low Risk | Medium Risk | High Risk | ||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| (A) Labour Laws | ||||||
| 1 2 3 | The Puducherry Shops and Establishments Act, 1964. The Puducherry Catering Establishments Act, 1964. The Contract Labour (Regulation and Abolition) Act, 1970. | Those employing from 1 to 9 workers | Those employing from 10 to 49 workers | Those employing from 50 and more workers | 500 and above workers | Labour Commissioner |
| From 250 to 499 workers | Deputy Labour Commissioner | |||||
| From 100 to 249 workers | Labour Inspectors/ Assistant Inspectors of Labour |
409
PART–II] LA GAZETTE DE L'ETAT
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410 LA GAZETTE DE L'ETAT [PART–II
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| 12 13 14 15 16 17 | The Payment of Wages Act, 1936. The Puducherry Industrial Establishments (National and Festival Holidays) Act, 1964. The Puducherry Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981. The Industrial Employment Standing Orders Act, 1946. The Working Journalists and other Newspaper Employees (Conditions of service and Miscellaneous Provisions) Act, 1955. The Sales Promotion Employees (Conditions of Services) Act, 1976. |
411
PART–II] LA GAZETTE DE L'ETAT
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| (B) Other Establishments (excluding plantation) not covered under 1 and 2 above and to which any of the Labour Law apply to Labour Department. | Those employing from 1 to 9 workers | Those employing from 10 to 49 workers | Those employing from 50 and more workers | 500 and above workers From 250 to 499 workers From 100 to 249 workers From 50 to 99 workers Up to 49 workers | Labour Commissioner Deputy Labour Commissioner Labour Inspectors/ Assistant Inspectors of Labour -Do- -Do- |
s r e k
( 412 LA GAZETTE DE L'ETAT [PART–II
ANNEXURE- II
Format for applying Self-certification under various Labour Laws
| 1 | Name and Address of the Establishment | ||||
| 2 | Registration No. | ||||
| 3 | Name and address of the occupier | ||||
| 4 | Name and address of the Manager | ||||
| 5 | Name of the other Acts under which Registration/ Licence obtained (if so, please specify the No. and date of such approvals). | ||||
| 6 | No. of workers employed | ||||
| Men | Women | Total | |||
| (a) Regular | |||||
| (b) Contract | |||||
| (c) Others | |||||
| 7 | Whether minimum wages paid (specify the name of the scheduled employment). | ||||
| 8 | Whether required register under all the relevant Acts maintained by the Principal Employer and Contractor. | ||||
| 9 | W he th er r et u r n s as p e r Sc he d u le un d e r th e Acts/Rules submitted before due date | ||||
| 10 | W he th er M at e r n it y B e n ef it e xt en d ed t o th e women employees | ||||
| 11 | Whether arrangements are made to pay wages to the employees by 7th/10th of the succeeding month. | ||||
| 12 | No. of employees paid bonus | ||||
| 13 | Whether wages paid to the employees through Bank Account. | ||||
| 14 | Whether the retired/resigned employees are paid gratuity, leave encashment, etc., as per provisions of the Acts/Rules. | ||||
| 15 | Whether the conditions of service, holidays, leaves, weekly offs, etc., allowed to the employees under the relevant Acts/Rules. |
413
PART–II] LA GAZETTE DE L'ETAT
CERTIFICATE
(a) Certified that we have gone through the Scheme and have fully understood the contents of this Scheme and undertake to abide by the same.
(b) Certified that we have complied/are complying with all the provisions under all the Acts and Rules applicable to the establishment.
(c) Certified that we will furnish the Combined Annual Return.
(d) We are the authorized persons to issue the above certificate and the above certificate is issued with full knowledge of the statutes. We jointly and severally responsible for any information found incorrect subsequently and liable for prosecution under the provisions of the Acts/Rules.
Signature of the Manager Signature of the Occupier
Name and Designation Name and Designation Date and Official seal. Date and Official seal.
E. VALLAVAN, I.A.S., Secretary to Government (Labour).
————
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