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
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2636Given 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
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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, releasing untreated wastewater directly into rivers, keeping staff permanently on contracts, having workers not on the muster roll.
I know of industrialists keeping staff at 19 to avoid PF, keeping staff clerical for short periods, and continuously removing and appointing fresh staff.
For every industrialist who recently was in the news for gifting flats and Nanos to staff, there are ten who treat workers as disposable commodities.
Equally, I know of union members who do not even visit their office but draw full pay and face no action because of their nuisance value.
[URL: https://archive.cleanclothes.org/documents/Agra.PDF]
[URL: http://scroll.in/article/671592/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 ensuring inspections are properly monitored by higher officials and ensuring that inspections do not become another form of harassment.
The government should work to make inspections a tool to ensure that laws are followed and not for lining the pockets of inspectors.
From India, Pune
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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, releasing untreated wastewater directly into rivers, keeping staff permanently on contracts, having workers not on the muster roll.
I know of industrialists keeping staff at 19 to avoid PF, keeping staff clerical for short periods, and continuously removing and appointing fresh staff.
For every industrialist who recently was in the news for gifting flats and Nanos to staff, there are ten who treat workers as disposable commodities.
Equally, I know of union members who do not even visit their office but draw full pay and face no action because of their nuisance value.
[URL: https://archive.cleanclothes.org/documents/Agra.PDF]
[URL: http://scroll.in/article/671592/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 ensuring inspections are properly monitored by higher officials and ensuring that inspections do not become another form of harassment.
The government should work to make inspections a tool to ensure that laws are followed and not for lining the pockets of inspectors.
From India, Pune
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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. Another pool should watch the implementation in true spirit. In this environment, no pool members dominate and grease to stay in a particular place for more than 3 years, and the watchdog 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, and we should have a proper monitoring system for implementation that certainly will bring progress.
Let us wait and see...
From India, Arcot
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Let us wait and see...
From India, Arcot
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For the self-certification, are there any forms available that we can fill out and submit to the labor department? I would appreciate more clarity on what needs to be done to ensure compliance and avoid regular inspections.
Note: This is for a company registered under the Shops & Establishment Act in the Maharashtra region.
From India, Mumbai
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Note: This is for a company registered under the Shops & Establishment Act in the Maharashtra region.
From India, Mumbai
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They should have a common understanding of all the laws and cross-check with EPF for accuracy, including strength requirements. Each department, such as EPF, should enforce stringent punishments for violations to enable proper monitoring. Full transparency regarding these measures is essential.
From India, Pune
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From India, Pune
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Dear All,
Please find the GOM Resolution on the captioned subject for your ready reference.
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From India, Mumbai
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Please find the GOM Resolution on the captioned subject for your ready reference.
.................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................
From India, Mumbai
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Self-certification schemes place a huge responsibility on owners to ensure compliance with rules and regulations related to safety and welfare of workers. There is a significant governmental machinery in place to monitor and enforce these regulations. Unfortunately, this machinery is often outdated, sluggish, and inefficient.
Regulators sometimes misuse their power by causing delays, halting operations, and creating additional challenges. The original intentions behind the enactment of laws are often not fully realized due to these issues. As a result, self-certification schemes have been introduced to streamline business processes and facilitate compliance.
For further insights on the limitations and risks associated with self-certification, you can refer to the following sources:
- [The limits of self-certification - The Hindu](http://www.thehindu.com/opinion/op-ed/the-limits-of-selfcertification/article6568183.ece)
- [Centre asks states to introduce self-certification for boilers | Business Line](http://www.thehindubusinessline.com/economy/policy/centre-asks-states-to-introduce-selfcertification-for-boilers/article6074771.ece)
- [http://dipp.nic.in/English/questions/17122014/ru2675.pdf](http://dipp.nic.in/English/questions/17122014/ru2675.pdf)
In our country, the primary challenges have always revolved around poor implementation and prevalent corrupt practices.
From India, Pune
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Regulators sometimes misuse their power by causing delays, halting operations, and creating additional challenges. The original intentions behind the enactment of laws are often not fully realized due to these issues. As a result, self-certification schemes have been introduced to streamline business processes and facilitate compliance.
For further insights on the limitations and risks associated with self-certification, you can refer to the following sources:
- [The limits of self-certification - The Hindu](http://www.thehindu.com/opinion/op-ed/the-limits-of-selfcertification/article6568183.ece)
- [Centre asks states to introduce self-certification for boilers | Business Line](http://www.thehindubusinessline.com/economy/policy/centre-asks-states-to-introduce-selfcertification-for-boilers/article6074771.ece)
- [http://dipp.nic.in/English/questions/17122014/ru2675.pdf](http://dipp.nic.in/English/questions/17122014/ru2675.pdf)
In our country, the primary challenges have always revolved around poor implementation and prevalent corrupt practices.
From India, Pune
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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 very few 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. The way we plan to become industry-friendly. No doubt be industry-friendly but equally ensure that set norms for the working of the industry are also followed meticulously. This article is interesting about the way steps are being undertaken for industry.
[Government aims high, wants to be among the top 30 countries in ease of doing business index - The Economic Times](http://economictimes.indiatimes.com/news/economy/policy/government-aims-high-wants-to-be-among-top-30-countries-in-ease-of-doing-business-index/articleshow/47980273.cms)
From India, Pune
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[Government aims high, wants to be among the top 30 countries in ease of doing business index - The Economic Times](http://economictimes.indiatimes.com/news/economy/policy/government-aims-high-wants-to-be-among-top-30-countries-in-ease-of-doing-business-index/articleshow/47980273.cms)
From India, Pune
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State closer to letting women work night shifts at factories - The Times of India
Extract:
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
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Extract:
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
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First, thanks to this site for providing posting as anonymize. This is the only site that provides this. By this, one can express his views frankly.
This "Make in Maharashtra" is BAKWAS. I had an experience. I applied for a labor license online. It was under scrutiny for 2 months. Officer ACL called me on the telephone. In the meeting, he demanded 50,000. Now my application is rejected for the wrong reason.
If my application, within 7 days, the license is not given, then it is treated as given by law. Then how did the office reject it; this is my question to all.
From India, Mumbai
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This "Make in Maharashtra" is BAKWAS. I had an experience. I applied for a labor license online. It was under scrutiny for 2 months. Officer ACL called me on the telephone. In the meeting, he demanded 50,000. Now my application is rejected for the wrong reason.
If my application, within 7 days, the license is not given, then it is treated as given by law. Then how did the office reject it; this is my question to all.
From India, Mumbai
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Maharashtra Govt New Basic wef Jun 2013.pdf