Labour Reforms | Labour Department notifies J&K 'Self Certification Scheme'

The Jammu and Kashmir government has framed the ‘Self Certification Scheme’ for industries and other establishments in order to liberalize the enforcement of labour laws in Jammu and Kashmir and to facilitate the employers and entrepreneurs.

The scheme, according to Labour and Employment, would also create conducive environment-cum-relationship between the government and the employers or entrepreneurs.

In this regard, Commissioner Secretary Labour & Employment Department (L&E), Saurabh Bhagat in a statement here explained that the objective of this scheme is to reduce the visits of government officials for inspection to those units who opt for this scheme without compromising on the safety, health, social security and welfare of the workers.

“This certificate would hold testimony to the fact that these units do not compromise on safety, health, social security and welfare of the workers,” he added.

Following are the highlights of the Self Certification Scheme:

The Scheme is optional and any employer or entrepreneur can opt for this scheme after depositing a security of Rs 5000 for small scale industries, Rs 10,000 for medium scale industries and Rs 20,000 for large scale industries by way of account payee bank draft  in favour of concerned district/divisional authorities of L&E Department.

They can apply online and submit the application at the department’s website – www.jklabour.com

According to the scheme the discrepancies in the application or enclosures will be communicated to the applicant within 30 days from the receipt of the application.

The applicant would be considered as enrolled under the scheme, if no discrepancies were communicated. Once opted for the Scheme, the same will be valid for five years.

Also, the scheme would be valid for The Factories Act, 1948, Minimum Wages Act, 1948, Payment of Wages Act, 1936, Contract Labour (Regulation & Abolition) Act, 1970, Payment of Bonus Act 1965, Payment of Gratuity Act, 1972, Maternity Benefit Act, 1961, Child Labour (Prohibition & Regulation) Act, 1986, Jammu and Kashmir Shops & Establishments Act, 1966, Inter-State Migrant Workmen (RECS) Act, 1979, Equal Remuneration Act, 1976, Motor Transport Workers Act, 1961, Jammu & Kashmir Industrial Establishments (National & Festival) Holiday Act, 1974 and all the respective Rules framed there under.

After enrollment, the employer or entrepreneur shall file the Self Certification Return as per the Proforma prescribed in Annexure IV alongwith relevant documents and information. The Return can be filed between 1st of April & 30th of April every year on any working day between 10:30 am to 4:30 pm.

Premature withdrawal from the scheme i.e., before five years or in case of detection of any violations by the employer/entrepreneur shall result in forfeiture of the security deposit.

Not more than twenty percent of the units that are covered under the scheme are picked up randomly for inspection per year. (Once inspected, the same unit is not likely to be inspected in the same year or in the next three years).

However, on specific complaints, accidents, dangerous occurrences and violation of Labour Laws, inspection may be conducted only with prior approval of Labour Commissioner-cum-Chief Inspector of Factories, Jammu & Kashmir.

The copy of the Scheme and all prescribed application forms and inspection procedure shall be available on www.jklabour.com.

Any application shall be submitted against payment of Application Fee (Rs 1000 for small scale industries, Rs 2000 for medium scale industries and Rs 5000 for large scale industries) by way of demand draft pledged to the concerned authority of the department.

Only the units having valid license/registration under the Factories Act, 1948 and J&K Shops and Establishment Act, 1966 are eligible for this scheme.

Besides, Major Accident Hazard units and factories involving Hazardous processes or High Risk Industries under Section 2 (cb) of the Factories Act, 1948 shall not be covered under the self certification scheme.