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Self Certification cum Online Inspection Scheme - Puducherry

 

Self Certification cum Online Inspection Scheme
Puducherry

The Puducherry Labour Department on August 07, 2020 has proposed the Self-Certification-cum-online Inspection Scheme for the purpose of enforcement of Labour Laws in the Union Territory to implement the Business Reform Action Plan- Ease of Doing Business. The main objective is to bring transparency in the inspection procedures by introducing Computerized system of Risk Assessment based inspection with random allocation of inspecting officers.

The Puducherry Labour Department on August 07, 2020 has proposed the Self-Certification-cum-online Inspection Scheme for the purpose of enforcement of Labour Laws in the Union Territory to implement the Business Reform Action Plan- Ease of Doing Business. The main objective is to bring transparency in the inspection procedures by introducing Computerized system of Risk Assessment based inspection with random allocation of inspecting officers.
 
The following Acts are covered under the Scheme:• The Puducherry Shops and Establishments Act, 1964 and Rules made thereunder. 
  1. The Puducherry Catering Estt. Act, 1964 and Rules made thereunder. 
  2. The Inter-State Migrant Workman (Regulation of Employment and Conditions of Service) Act, 1979 and the Rules made thereunder. 
  3. The Payment of Gratuity Act, 1972 and Rules made thereunder. 
  4. The Contract Labour (Regulation and Abolition) Act, 1970 and the Rules made thereunder.
  5. The Minimum Wages Act, 1948 and Rules made thereunder.
  6. The Payment of Wages Act, 1936 and Rules made thereunder. 
  7. The Payment of Bonus Act, 1965. 
  8. The Maternity Benefit Act, 1961 and Rules made thereunder. 
  9. The Equal Remuneration Act, 1976 and the Rules made thereunder. 
  10. The Motor Transport Workers Act, 1961 and Rules made thereunder. 
  11. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986. 
  12. The Sexual Harassment of women at workplace (Prevention, Prohibition and Redressal) Act, 2013. 
  13. The Bonded Labour System (Abolition) Act, 1976. 
  14. The Puducherry Industrial Establishments (National and Festival Holidays) Act, 1964. 
  15. The Industrial Employment Standing Orders Act, 1946. 
  16. The Working Journalists and other newspaper Employees (Conditions of Service and Miscellaneous Provisions) Act, 1955. 
  17. The Sales Promotion Employees (Conditions of Services) Act, 1976. 

The identification of establishments shall be done for the purpose of inspection that shall be carried out based on the computerized risk-based assessment. The following conditions shall be considered while choosing the establishments for inspection: 
  1. Number of workers
  2. Nature of activity of the establishment. 
  3. Status of compliances in the establishment
  4. If an establishment has been inspected in a year, it shall not be inspected for another two years. 
  5. The inspection shall be divided in two categories i.e. medium risks and high risks. The medium risk establishments shall be inspected once in every 2 years and the high risks establishments shall be inspected once a year. 

The inspections shall be scheduled through the online portal. The establishments for inspection shall be selected every month and shall be randomly selected. The inspection report shall be uploaded on the online portal by the inspection officer within 48 hours of inspection. Further, the report shall be sent to the establishment owner as well. In case of compliance default a notice shall be issued to the owner of the establishment and the default is to be corrected within 15 days of the notice received. 
Establishments exempted from the inspection: 
• All the start-up establishments shall be exempted for 3 years. 
• Establishments where there are no employees. 
• Establishments that have submitted the annual return and have no default for consecutively three years. 
[Order No. G.O. Ms No. 05/Lab/AIL/G/2020]
  1. The Puducherry Shops and Establishments Act, 1964 and Rules made thereunder.
  2. The Puducherry Catering Estt. Act, 1964 and Rules made thereunder.
  3. The Inter-State Migrant Workman (Regulation of Employment and Conditions of Service) Act, 1979 and the Rules made thereunder.
  4. The Payment of Gratuity Act, 1972 and Rules made thereunder.
  5. The Contract Labour (Regulation and Abolition) Act, 1970 and the Rules made thereunder.
  6. The Minimum Wages Act, 1948 and Rules made thereunder.
  7. The Payment of Wages Act, 1936 and Rules made thereunder.
  8. The Payment of Bonus Act, 1965.
  9. The Maternity Benefit Act, 1961 and Rules made thereunder.
  10. The Equal Remuneration Act, 1976 and the Rules made thereunder.
  11. The Motor Transport Workers Act, 1961 and Rules made thereunder.
  12. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.
  13. The Sexual Harassment of women at workplace (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.
 

The identification of establishments shall be done for the purpose of inspection that shall be carried out based on the computerized risk-based assessment. The following conditions shall be considered while choosing the establishments for inspection:

1. Number of workers
2. Nature of activity of the establishment.
3. Status of compliances in the establishment
4. If an establishment has been inspected in a year, it shall not be inspected for another two years.
5. The inspection shall be divided in two categories i.e. medium risks and high risks. The medium risk establishments shall be inspected once in every 2 years and the high risks establishments shall be inspected once a year.

The inspections shall be scheduled through the online portal. The establishments for inspection shall be selected every month and shall be randomly selected. The inspection report shall be uploaded on the online portal by the inspection officer within 48 hours of inspection. Further, the report shall be sent to the establishment owner as well. In case of compliance default a notice shall be issued to the owner of the establishment and the default is to be corrected within 15 days of the notice received.

Establishments exempted from the inspection:
  • All the start-up establishments shall be exempted for 3 years.
  • Establishments where there are no employees.
  • Establishments that have submitted the annual return and have no default for consecutively three years.

[Order No. G.O. Ms No. 05/Lab/AIL/G/2020]












 

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