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GOVERNMENT OF KERALA
Abstract
Labour & Rehabilitation Department Introduction of Self
Certification in the units in the Special Economic Zones in the
State Approved Orders Issued.
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LABOUR
& REHABILITATION (E) DEPARTMENT
G.O. (MS) No.18/04/LBR Dated,
Thiruvananthapuram, 24.3.2004
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Read: 1) G.O. (MS) No.55/02/LBR dated 27.7.2002
2)
Letter No.G4-9290/02 dated 26.11.03 from the Labour Commissioner.
ORDER
As per
G.O. read as 1st Paper above, Government have
introduced self-certification regime in respect of 8 labour laws
in the Information Technology and Information Technology Enabled
Services (I.T.E.S.) Industries. Labour Commissioner has
requested that the self-certification regime introduced in I.T.
and I.T. enabled services may be extended to the units in the
Special Economic Zones also.
2.
Government have considered the matter in detail and are
pleased to introduce Self Certification regime in respect of the
following labour laws in the units in the Special Economic Zones
in the State.
1.
Payment of Wages Act, 1936 and the Kerala Payment of Wages
Rules 1958.
2.
Minimum Wages Act, 1948 and the Kerala Minimum Wages Rules
1958.
3.
Contract Labour (Regulation and Abolition) Act, 1970 and
the Contract Labour (Regulation and Abolition) Rules 1974.
4.
Kerala Shops and Commercial Establishment Act, 1960 and the
Kerala Shops and Commercial Establishment Rules 1961.
5.
Kerala Casual Temporary Badli Workers (Wages) Act, 1989 and
Kerala Casual Temporary Badli Workers (Wages) Rules 1993.
6. Kerala
Industrial Establishments (National and Festival) Holidays Act,
1958 and Industrial Establishment (National and Festival) Rules
1959.
7. Maternity
Benefit Act, 1961 and the Kerala Maternity Benefit Rules 1964.
8. The
Factories Act, 1948 and the Kerala Factories Rules 1957.
3.
Government hereby permit the Special Economic Zone units in the
State to adopt the self-certification procedure under the
foregoing labour laws. The Self-certificates will be furnished
to the respective authorities under the listed Acts in the form
appended herewith to this order. The Labour Commissioner and the
Director, Factories & Boilers will ensure that routine inspections
are immediately discontinued in the case if those establishments
in the CSEZ units which furnish Self-Certificates in the formats
appended herewith in respect of the above mentioned laws.
4.
However, Government and its authorized officers shall continue to
exercise the powers to inspect establishments relating to these
industries and establishments about which substantive complaints
received, if there is adequate reason to believe that managements
have deviated from the provisions of the respective Acts or Rules.
5. In
case it is found that any establishment which has furnished
Self-Certification regarding compliance with any of their laws
has violated its provisions deterrent action will be taken by the
concerned authorities.
By
Order of the Governor
(C.
Sasikala)
Deputy Secretary
PROFORMA No.1
(Self
certification for IT based Industries, IT enabled services,
Bio-Technology establishments, Exports Oriented Units and Units in
Export Processing Zones under the Factories Act, 1948 and Kerala
Factories Rules, 1957 for the calendar year
)
1. Name & address of the Factory
:
(with building No., Telephone Nos. & PIN Code)
2. Registration/ Licence No. under the Factories
:
Act, 1948
3. Name (s) & address of the occupier (s) with
:
residential address (es) (please specify the
Telephone No.)
4. Nature of manufacturing process carried
on :
5. Total number of workers
employed :
a)
Permanent
Male
Female
Total
b)
Temporary
Male
Female
Total
c)
Others if any (Specify)
Male
Female
Total
DECLARATION
All
the information furnished above are true and correct to the best
of my/our knowledge, belief and information.
Signature of Occupier
Signature of Manager
Name:
Name:
Designation:
Designation:
Date:
Date:
Office
Seal:
Office Seal:
CERTIFICATE
1.
Certified that I/ We have complied I am/ are complying with
all the statutory requirements under the Factories Act, 1948 and
the Kerala Factories Rules, 1957 to the extent applicable to the
factory.
2.
I/We am/are the authorized person/s to issue this certificate and
this is issued with full knowledge of the legal liabilities under
this Act and Rules. I am/we are jointly and severally liable for
any information found incorrect subsequently and liable for
prosecution under this Act and Rules made there under.
Signature of Occupier
Signature of Manager
Name:
Name:
Designation:
Designation:
Date:
Date:
Office
Seal:
Office Seal:
(If
more than one Occupier, all of them shall invariably sign and
enter their details)
Submitted to:
The Inspector of Factories and Boilers/
Additional Inspector of Factories
Copy
to: The Regional Joint Director of Factories & Boilers,
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FOR
OFFICE USE
Date
of receipt of the proforma in the office of the Authority
Remarks of the Authority if any,
Signature:
Office
Seal:
Name & Address of the Authority
Place:
Date:
PROFORMA No. II
(Self
certification for IT based Industries, IT enabled services,
Bio-Technology establishments, Exports Oriented Units and Units in
Export Processing Zones under the Maternity Act, 1961 and Kerala
Maternity Benefit Rules, 1964 for the Calendar year
)
1. Name & address of the Factory/Establishment
:
(with building No., Telephone Nos. & PIN Code)
2. Registration/ Licence No. under the Factories
:
Act, 1948 or the Kerala Shops and Commercial
Establishments Act, 1960.
3. Name (s) & address of the employer (s) with
:
residential address (es) (please specify the
Telephone No.)
4. Nature of
service/commercial/industrial/ :
manufacturing process carried on
5. Total number of workers
employed :
a)
Permanent
Male
Female
Total
b)
Temporary
Male
Female
Total
c)
Others if any (Specify)
Male
Female
Total
DECLARATION
All
the information furnished above are true and correct to the best
of my/our knowledge, belief and information.
Signature of Employer
Signature of Manager
Name:
Name:
Designation:
Designation:
Date:
Date:
Office
Seal:
Office Seal:
CERTIFICATE
1.
Certified that I/ We have complied am/ are complying with all the
statutory requirements under the Maternity Benefit Act, 1961 and
the Kerala Maternity Benefit Rules, 1964 to the extent applicable
to the Establishment.
2.
I/We am/are the authorized person/s to issue this certificate and
this is issued with full knowledge of the legal liabilities under
this Act and Rules. I am/we are jointly and severally liable for
any information found incorrect subsequently and liable for
prosecution under this Act and Rules made there under.
Signature of Employer
Signature of Manager
Name:
Name:
Designation:
Designation:
Date:
Date:
Office
Seal:
Office Seal:
(If
more than one Employer, all of them shall sign and enter their
details).
Submitted to:
1. The Inspector of Factories and
Boilers/
Additional Inspector of
Factories/
Assistant Labour Officer/
Copy
to: The Regional Joint Director of Factories & Boilers/
District Labour Officer (E)
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FOR
OFFICE USE
Date
of receipt of the proforma in the office of the Authority
Remarks of the Authority if any,
Signature:
Office
Seal: Name &
Address of the Authority
Place:
Date:
PROFORMA No. III
(Self
certification for IT based Industries, IT enabled services,
Bio-Technology establishments, Exports Oriented Units and Units in
Export Processing Zones under the Contract Labour (Regulation and
Abolition) Act, 1970 and Kerala Contract Labour (Regulation and
Abolition) Rules, 1974 for the Calendar year
)
1. Name & address of the Factory/Establishment
:
(with building No., Telephone Nos. & PIN Code)
2. Registration/ Licence No. under the Factories
:
Act, 1948 or the Kerala Shops and Commercial
Establishments Act, 1960.
3. Registration No. of the establishment under
the :
Contract Labour (Regulation & Abolition) Act, 1970
4. No. of Contractors engaged and the maximum :
number of Contract Labourers engaged by each
Contractor.
a)Name of the Contractors
b)No.
of Contract labourers engaged
Male
Female
Total
5. Name of the employment/s work in which :
Contract labour are engaged
6. Name (s) and address (es) of the Principal :
employer (s) with residential address
(Please specify the Telephone number)
7. Nature of manufacturing process/ commercial :
services/industrial activities carried on
8. Total number of workers
employed :
a.
Permanent
Male
Female
Total
b.
Temporary
Male
Female
Total
c.
Others if any (Specify)
Male
Female
Total
DECLARATION
All
the information furnished above are true and correct to the best
of my/our knowledge, belief and information.
Signature of the Principal
Employer Signature of Manager
Name:
Name:
Designation:
Designation:
Date:
Date:
Office
Seal:
Office Seal:
CERTIFICATE
1.
Certified that I/ We have complied am/ are complying with all the
statutory requirements under the Contract Labour (Regulation and
Abolition) Act, 1970 and Kerala Contract Labour (Regulation and
Abolition) Rules, 1974 to the extent applicable to the Factory/
Establishment.
2. I/We am/are the authorized person/s to issue this
certificate and this is issued with full knowledge of the legal
liabilities under this Act and Rules. I am/we are jointly and
severally liable for any information found incorrect subsequently
and liable for prosecution under this Act and Rules made there
under.
Signature of Principal Employer
Signature of Manager
Name:
Name:
Designation:
Designation:
Date:
Date:
Office
Seal:
Office Seal:
(If
more than one Principal Employer, all of them shall sign and enter
their details).
Submitted to:
1. The Inspector of Factories and Boilers/
Additional Inspector of Factories/
Assistant Labour Officer/
Copy
to: The Regional Joint Director of Factories & Boilers/
District Labour Officer (Enforcement)
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FOR
OFFICE USE
Date
of receipt of the proforma in the office of the Authority
Remarks of the Authority if any,
Signature:
Office
Seal: Name &
Address of the Authority
Place:
Date:
PROFORMA No. IV
(Self
certification for IT based Industries, IT enabled services,
Bio-Technology establishments, Exports Oriented Units and Units in
Export Processing Zones under the Kerala Shops and Commercial
Establishments Act, 1960 and the Kerala Shops and Commercial
Establishments Rules, 1961 for the Calendar year
)
1. Name & address of the Establishment :
(with building No., Telephone Nos. & PIN Code)
2. Registration No. under the Kerala Shops and
:
and Commercial Establishments Act, 1960.
3. Name
(s) and address (es) of the employer (s) with :
residential address (Please specify the Telephone number)
4. Nature of commercial/ Industrial
activities :
carried on
5. Total number of workers
employed :
a)
Permanent
Male
Female
Total
b)
Temporary
Male
Female
Total
c)
Others if any (Specify)
Male
Female
Total
Copy
to: District Labour Officer (Enforcement)
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FOR
OFFICE USE
Date
of receipt of the proforma in the office of the Authority
Remarks of the Authority if any,
Signature:
Office
Seal: Name &
Address of the Authority
Place:
Date:
PROFORMA No. V
(Self
certification for IT based Industries, IT enabled services,
Bio-Technology establishments, Exports Oriented Units and Units in
Export Processing Zones under the Kerala Casual, Temporary, Badli
Workers (Wages) Act, 1989 and the Kerala Casual, Temporary, Badli
Workers (Wages) Rules 1993 for the Calendar year
)
1. Name & address of the Factory/
Establishment :
(with building No., Telephone Nos. & PIN Code)
2. Registration/
License No. under the Factories Act, :
1948
or Kerala Shops and Commercial Establishments
Act,
1960.
3. Name (s) and address (es) of the employer (s) with
:
residential address (Please specify the Telephone no.)
4. Nature
of manufacturing process/commercial/ :
Industrial activities carried on
5. Total number of workers
employed :
a)
Permanent
Male
Female
Total
b)
Casual
Male
Female
Total
c)
Temporary
Male
Female
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