Government of Hirnirchal PradeshDepartment of Lrbour & Fmployment.

No. Shram(F)L.L/2015. Dated Shirnla-171002 12rl.r May, 20i7

NOTIFICATION

In order to enhance the Ease of Doing Business in the state of HimachalPradesh and in consonance with the Business Reform Action plan, prepared byDepartment of Industrial Policy & Promotion, Ministry of Commerce & industry,Government of India, the Governor of Hirnachll Pradesh is pleased issue orders rosimplift the inspection of establisl-unenrs,/inclrrsrrics trncler various Labour Laws in thefollowing mAnner:.

1' In order to rnake inspection of establishment uncler labour laws moretransparent, establishrnents will be divided into three categories i.e. High fusk, lr4ecliurnRisk & Low Risk.

(A)

:

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(a) Establishment/lndusrrywhichFirst schedule of Facrories Act, 1948number of workers employed tl-rereincontractor) OR

Non-Hazardous as per Factories Acr,more than 50 workers but less thanor through contractor)

are iuvolving I-lrrzarclous process a.* defined underread rvith sccrir:n 2(cb) of Acr ibid irrespecrive o[(including workers ernployed directly or rhrough

1948 and having maximum licenced capaciry for250 workers (including workers emplol,ed direcrly

(b) Major Accident Hazard(MAH) units as defined in rule z(xa) of Manufacruring,Storage and Import of Hazardous Chemical Rules, 1989 framed under EnvironmentProrection Act, 1986 irrespective of number of workers employed therein oR(c) Non Hazardous indusftie.s hirving maxirnurn licensecl capaciry for 250 worker.* orrnore (including workers employed directly.r through conrracror)

0]) Establishrnent/lndustry which are

(c)

(a) , Establishment/lndusrry having licencc capaciry of workers less tirln50(including workers employed directly or through .o,-,r...tor).

(b) Establishment/lndustry definecl ils new srarts up under ,,Chief Minister,sStartupfinnorration Projects/New Industries Scheme" lotified by Government vicleNotification No. Ind-ll(F) LZ.3/ZOL5, dated 15.l l.ZO16 for a period of initial rhree years.

Z. r0fhenever Inspecting Authority (Labour Officer/Labour Inspector) visits anyestablishment, he will ensure to cover all applicable labour laws in that particularestablishment in one go, so that inspecting authority need not visit again the sameestablishment. lnspections will be conducteJpintly bythe officers of Labour & Factorywing in the common inspection performa which is available"on rhe website of thedepartment.

3. In order to ease the compliance of inspection burden on the establishmenr, theconcept of self certification scheme is introduced ro create friendly environment in thestate. For this purpose selfcertification scheme has been notified which is arnilable ondre website of the departmenr.

4, Frequency of routine inspections for the establishment which do not opt for rheselfcertification scheme :-

6, '' Exemotion for Low Risk Industn, from the insoections. ,.r :-...1,

- . IA The'[b.-w Rish lndustries will be inspected once in the 3 yearo "na;iffh.*efound sa'ttsh*or.y with the imptementation of the labour laws and if.rhuiconiinuously

submitted $ieir .integtqted retums under all the labour laurs, will h exernpted fromfurther inspectioos, unless any complaint is received against such establishment. FurtherLow Risk Indrtt y which opt for selfcertification scheme and continuously subririt their

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integrated returns under all labour laws shall be cxempted from inspections underlabour laws.

B. On the basis of complaint received from Trade Unions or worker, inspectic-rn ofthe establishment may be carried out at any time with prior approval of Lat'rourCommissioner, Himachal Pradesh

C. Further, inspection can be carried out at any time on the basis of instructionreceived from State Government/District Collector/Human RightCommission /Lokayukta/Elected Public Repre.sentatives.

7. \Thenever any lnspecting Atrthority of the department conducts the inspecrionof the establishment, it will be mandatory to submit the inspection report online within24 hours to tlre department as well as employer.

8. r0(/henever inspection of any establishment is carried oul the establishmenr willlie allowed to view and download the inspection report of at least past 2 yearsr so rharemployers are aware about the violations detected during inspection.

g. Thitd Party Certification. Thircl party certification shall be recognized by theLabour Department. If a medium risk esrablishment submits report from competentperson to the effect that a particular establishment is complying with the applicableprovisions of labour laws shall not be inspected through random list of inspections.Such report will have to be submitted on annual basis. Such esablishments will beinspected only in the event of serious complaints or unrest etc. Competent Person shallbe same as reiognized under Factories Act, 1948 and list of competent persons is

available on the website of the department.

10. Further in case of regisrration under l;actories Act, 1948, inspection regardingphysical verification shall be conducted onll' 1n case of registration of unit and approvalof plans due to shifting of premlses. ln orher cases such as approval of plans (fresl'r

cases), eipansion plans and cases pertaining to minor addititrn/alterations, cases willbeiecommended on the basis of checklist and drawings.l-11. lnstead of filing of multiple returns under various labour laws, single integratedi'bturn shall be filed by the establishments for which single performa is available on thewebsite of department as well as online.

t2. Computerizecl s';ntem for identifying establishments that need to be inspected onrisk assessment, will be designed and implemented and list of establishments to be

inspected shall be published on public domain

13.. System for computerized allocation of Inspector will be designed &implemented.

L4. After inspecting the establishment, inspecting aLlthoriry will give 15 dap time to

N the employer for compliance.

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15. After receipt of compliance report, inspecting authority will check thecorrectness of compliance report physically or as feasible.

16. In case compliance report is not received within stipulated period of time, theninspecting authority will take necessary steps ro take further action against the saidemployer under relevant labour laws.

17. The inspecting authority will file the complaint in the competent courr of lawwithin 15 days after receipt of prosecution sanction from competent authority.

18. In case of registration under Shop & Commercial Establishment.Act, 1969 therequirement of prior inspection is done away with and it shall be ensured that thetegistration is granted within one day from the date of receipt of complete application inall respects.

19. State Labour Inspection Policy approved by Government vide letter No.Shram (F) bL/20L5 dated 66 July, 2015 is hereby repealed. . :

By order

R.D.DhimanPr. Secretary [ab. & E*p.) to thi

Government of Himachal Pradesh..:,71, - .-- ' -

E;rlst $, As Above Dated Shimla,2, the 126May, 2Q!7, ;;t;i,,,

1." The Secretiry, Minisry of Labour & Employment, Governro"nt of Indild,SUaShakti Bhawan, Rafi Marg, New Delhi ' '' -'.' '

,.: -

Th; S"";"tary Department of Indusrial Policy & Promotion, Minis.rvl .fCommerce & Industry, Government of lndia3., All the Administrative Secretaries to the Governmenr of Himachal Pradesh. ,r

4. /l4Jl Heads of the Departments in Himachal Pradesh

\X The labour Commissionercum.Director of Employment, HP, Shimla-l.6, The Director of Industries, HP Udyog Bha*an, iemloe, Shimla.l along withcopy of the Scheme.

?;, All the Managing Directors,/Chief Executing Officers of Corporatfon & Boards

in HP.g; ' Alt Deputy Commissioners in Himachal Pradesh.91,,'',. The -Controller, Printing & Srarioner, HP, Shimla-3 for publication in the

}aioatra (Ve ^bah;1., Under Secretaryflab. & Emp.fto the)

'i,, Government of Himachal Pradesh.

0177.7,620672