Gopinath Varahamurthi
Mindhour Partner, Ass.professor/adm. Officer,
Legal Consultancy
Insolvency N Gst Professional
Korgaonkar K A

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Dear All,

Given below is a clipping of news article in todays press for your information:

Mumbai : 24.06.2015

The state government on Tuesday introduced self-certification scheme as part of ease in doing business under its mission Make in Maharashtra. The industries and shops and establishments will no longer be subjected to “inspector raj” and the onus of adhering to the laid guidelines to ensure fair business practices will be on individuals who would give an undertaking through self-certification.

The decision will benefit 35,000 factories and 27 lakh shops and establishments in the state. Chief Minister Devendra Fadnavis said, “We want to implement ease in doing business. The individuals will have to issue certificate affirming they are strictly adhering to the required norms.”

Once the self-certification is done, a database would be maintained and 20 per cent of the cases will be checked at random to verify compliance. Government inspectors would monitor only if there are major complaints as regards compliance. The self-certification would be on par with a legal affidavit and violation of rules would be dealt with strictly, said Fadnavis. In the decision taken on Tuesday, 16 Acts related to wages and labourers for businesses and shops and establishments have been clubbed under consolidated annual return which would be submitted to the labour department once a year. Currently, industries are subjected to ad hoc inspection by various departments every month. Often there have been complaints from those doing business and shops seeking one time inspection instead of weekly or monthly inspection from several officers. Amongst the 16 Acts which have been relaxed from routine inspection for trade and business which are non-hazardous include wages, contract, maternity laws, housing allowance, migrant labour, Motor Vehicles Act, Shops and Establishment Act and Beedi and Cigarette Act. However, factories and units dealing with chemicals or hazardous materials will not get the exemption of periodic inspections.

From India, Mumbai
Have our industrialists reached such a mature level that they will do self certification with full honesty??

The sword of inspection had been a double edged sword-some inspectors made it a nuisance but some inspectors made it a weapon to ensure at least basic welfare activities,wages were being paid.

We have seen industries polluting the environment, realising untreated waste water directly into rivers,keeping staff permanently on contracts,having workers not on muster roll.

I know of industrialists keeping staff at 19 to avoid PF,keep staff-clerical for short periods and keep removing and appointing fresh staff.

For every industrialist who recently was in news for gifting flats,Nanos to staff,there are ten who treat workers as disposable commodities.

Equaly I know of union people who do not even visit their office but draw full pay and face no action because of their nuisance value.

Garment workers protest in Chennai, but minimum wages are low across India

The way to make business easy is not by cutting out inspections but by making inspections properly monitored by higher officials and see that inspection does not become another harassment.

The government should work to make inspection a tool to ensure laws are followed and not for lining the pockets of inspectors..

From India, Pune
It is a good thing to see...
yet, unless they are inspected no progress in real terms will happen. In fact the inspectors should be drawn from a pool at random, they should not have the power to know the implementation. The another pool should watch the implementation in true spirit. In these environment no pool members dominate and grease to stay in a particular place for more than 3 years and the watch dog should implement their move at random. Quite clearly unless we have the people who are real to put their efforts for better government we all fail, no politicians should intrude in the system to destabilize the monitoring and implementing system. We must avoid inspector raj also we should have proper monitoring system for implementation certainly will bring progress.
let we wait and see...

From India, Arcot
For the Self Certification is there any forms that are available that we can fill and submit to the labor department, will appreciate some more clarity on what is to be done to be compliant and to avoid the regular Inspections.
*Note: for a company registered under Shops & Establishment Act, Maharashtra Region.

From India, Mumbai
They should have common return of all the laws and cross check from epf about strength etc. One deptt like EPF to have stringent punishments for violations so proper monitoring can be done. There should be full transparency about the same.
From India, Pune
Dear All,
Please find the GOM Resolution on the captioned subject, for your ready reference.
.................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................

From India, Mumbai

Attached Files
File Type: pdf GOM Resolution_Self Certification.pdf (244.4 KB, 94 views)

Self certifcation schem places huge responsibility on owners to ensure following of rules and regulations related to safety,welfare of workers.There is a huge machinery of Government to check and enforce.

Unfortunately machinery is creaky,moribund and moves on grease.

They regulate by their power to delay,stop working and posing problems.

The intent with which laws were passed have not been achieved.

Therefore this self certification scheme has come up to make doing business easier.

These links throw more light on the dangers/limits:

The limits of self-certification - The Hindu

Centre asks states to introduce self-certification for boilers | Business Line

The challenge in our nation has always been poor implementation and corrupt attitudes.

From India, Pune
Not alone Maharashtra,many other states are racing to dilute controls over setting up industries.

The race to dilute maximum laws/checks is on.

Industry has to flourish is the mantra.

No doubt a good idea.

But the nation has been in a particular type of governance/administration and breaking out of these shackles is difficult.

Things have to be done with focus,plan and caution.

The level of pollution in big cities is a sort of grim warning.

No major river remains unpolluted.

Most of the lakes have suffered pollution and encroachment.

Hurried dismantling of the already creaky regulatory machinery and leaving it purely to the good sense of our industry is questionable.

Dilution of environmental norms and destruction of the veryfew prime forests will have long term consequences.

Balanced development is the need of the hour and not knee jerk withdrawal of laws,checks and balances.e way we plan to become industry friendly.\

No doubt be industry friendly but equally ensure that set norms for working of industry also is followed meticulously.

This article is interesting about the way steps are being undertaken for industry.

Government aims high, wants to be among top 30 countries in ease of doing business index - The Economic Times

From India, Pune
State closer to letting women work night shifts at factories - The Times of India


As a part of its Make-in-Maharashtra initiative, the state government is all set to officially allow industries and even factories to depute woman employees in night shiftsbetween 6pm and 7am, and all employees to work in extended or additional shifts to make more money.

A copy of the Bill, which is an amendment in the Factories Act 1948, in this regard was released by the government on Monday, which is soon likely to be tabled for approval in the state assembly.

TOI had reported in May the state cabinet's decision to amend the Factories Act, paving the way for women to work at night.

Following the amendments, factories with up to 20 workers will be able to operate even at night to maximize production by using cheaper electricitypower costs less at night than during peak hours. The Bill stressed that adequate safety measuressuch as safe transport facilities for womenbe in place before factories switch over to such practices.

"The chief inspector of factories will have powers to monitor the establishments and in case of breach of law, penal action would be taken," said a source.

My view;

Serious responsibility is cast on factory management to see that women workers are safe and secure during night working hours.

With self certifications schemes in progress,can management certificate alone be adequate to ensure safety of woman workers?

From India, Pune
First, thanks to this site for providing posting as anonymise. This is the only siet provides this. By this one can express his view frank.
This Make in Maharashtra is BAKWAS. I had experience. I applied for labour licence online. It was under scrutiny for 2 months. Officer ACL called me on telephone. In meeting he demanded 50000. Now my applicatin reject for wrong reason.
If my application within 7 days licence not given then it is treated given by law. Then how the office reject it this is my questin to all.

From India, Mumbai

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