[ 403]

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.



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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No. 41 Poudouchéry

Mercredi

Août

2020

No.

Puducherry

Wednesday

12th

August

2020

(21 Sravana 1942)

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

ANNEXURE-I

CRITERION FOR RISK ASSESSMENT OF ESTABLISHMENTS AND INSPECTING OFFICERS

Sl.

Name of the Act under

Establishment Category

Inspection

No.

which establishment

covered

No. of workers

Inspecting

in the

Officer

Low Risk

Medium Risk

High Risk

Establishment

(including all

classes of

Workers)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(A) Labour Laws

The Puducherry Shops

Those

500 and above

Labour

and Establishments Act,

employing

workers

Commissioner

1964.

from 1 to

from 10 to

from 50 and

9 workers

49 workers

From 250 to

Deputy Labour

The Puducherry Catering

workers

499 workers

Commissioner

Establishments Act, 1964.

The Contract Labour

From 100 to

Labour

(Regulation and Abolition)

249 workers

Inspectors/

Act, 1970.

Assistant

Inspectors

of Labour

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PART–II]

LA GAZETTE DE L'ETAT

The Inter-state Migrant

From 50 to

Labour

Workmen (Regulation

99 workers

Inspectors/

of Employment and

Assistant

Conditions of Service)

Inspectors

Act, 1979.

of Labour

The Child and Adolescent

Up to 49

-do-

Labour (Prohibition and

workers

Regulation) Act, 1986.

The Maternity Benefit Act,

1961.

The Motor Transport

Workers Act, 1961.

The Minimum Wages Act,

1948.

The Payment of Bonus Act,

1965.

The Equal Remuneration

Act, 1976.

The Payment of Gratuity

Act, 1972.

410

LA GAZETTE DE L'ETAT

[PART–II

(1)

(2)

(3)

(4)

(5)

(6)

(7)

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.

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PART–II]

LA GAZETTE DE L'ETAT

(B) Other Establishments

Those

500 and above

Labour

(excluding plantation)

employing

workers

Commissioner

not covered under 1

from 1 to

from 10 to

from 50 and

and 2 above and to

9 workers

49 workers

From 250 to

Deputy Labour

which any of

workers

499 workers

Commissioner

the Labour Law apply

to Labour Department.

From 100 to

Labour

249 workers

Inspectors/

Assistant

Inspectors

of Labour

From 50 to

-Do-

99 workers

Up to 49

-Do-

workers

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LA GAZETTE DE L'ETAT

[PART–II

ANNEXURE- II

Format for applying Self-certification under various Labour Laws

Name and Address of the Establishment

Registration No.

Name and address of the occupier

Name and address of the Manager

Name of the other Acts under which Registration/

Licence obtained (if so, please specify the No.

and date of such approvals).

No. of workers employed

Men

Women

Total

(a) Regular

(b) Contract

Whether minimum wages paid (specify the name

of the scheduled employment).

Whether required register under all the relevant

Acts maintained by the Principal Employer and

Contractor.

Whether returns as per Schedule under the

Acts/Rules submitted before due date

Whether Maternity Benefit extended to the

women employees

Whether arrangements are made to pay wages to

the employees by 7th/10th of the succeeding month.

No. of employees paid bonus

Whether wages paid to the employees through

Bank Account.

Whether the retired/resigned employees are paid

gratuity, leave encashment, etc., as per provisions

of the Acts/Rules.

Whether the conditions of service, holidays,

leaves, weekly offs, etc., allowed to the

employees under the relevant Acts/Rules.

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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

Date and Official seal.

E. VALLAVAN, I.A.S.,

Secretary to Government (Labour).

————

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