CONSOLIDATED ANNUAL RETURN SCHEME

PREAMBLE

Read: Industrial Policy 2003 of Government of Gujarat.

Gujarat Industrial Policy 2003 was announced by Government recently which, inter-alia, lays strong emphasis on labour reforms for creating an industrial friendly and conducive labour environment. With a view to increasing transparency in the system of inspection and to enable the entrepreneur to following in the core issues of business, a bold step by advocating the system of "Self-Certification" for industrial establishments in the State was under consideration of Government.

RESOLUTION

After careful consideration, Government is pleased to introduce a 'Self-Certification-cum-Consolidated Annual Return' Scheme which seeks to minimize unnecessary harassment to industrial establishments while ensuring a more effective system for compliance with labour laws. The details of the aforesaid Scheme are as under.

Scheme - 1. Introduction.

This Self-Certification-cum-Consolidated Annual Return Scheme is being introduced to streamline the functioning of the Commissioner of Labour, for effective implementation of various labour laws being implemented by the Labour Commissioner, Director, Industrial Safety & Health (Chief Inspector of Factories) and Chief Inspector of Boilers and also to facilitate the employer/entrepreneur. This Self-Certification-cum-Consolidated Annual Return Scheme aims at making the employer/entrepreneur a conscious and truthful citizen and law abiding person who is willing to take care of the interest of the workers and employees by complying with all the laws as applicable and enable the Department of Labour & Employment to effectively protect the interest of the workers as well as the employer/entrepreneur and create a friendly environment and relationship between the Government and the employer/entrepreneur.

Scheme - 2. Objective.

The objective of this Self-Certification-cum-Consolidated Annual Return Scheme is to curtail unnecessary visits of Government officials for inspection of those units who opt for this Scheme without compromising on the safety, health, social security and welfare of the workers and allow to submit Consolidated Annual Return in lieu of various returns under different labour laws.

Scheme - 3. Procedure.

This Scheme shall be optional and any employer/entrepreneur can opt for this Scheme after applying to the Labour Commissioner in the prescribed Performa at annexure-I along with details as per annexure-II and affidavit as prescribe in annexure-III. Any discrepancy in the application or enclosures shall be communicated to the applicant within 30 days from the receipt of the application in the office of Labour Commissioner, Gujarat. In case no discrepancy is so communicated, the applicant shall deem to have been enrolled under the above Scheme.

Scheme - 4. Filing of Return.

After being enrolled for the said Scheme, the concerned employer/entrepreneur shall file the Self-Certification Return in the prescribed Performa given at annexure-IV along with the required documents and information. The return can be filed between 1st of January and 30th of January every year on any working day between 10.30 A.M. and 4.30 P.M.

Scheme - 5. Validity of Scheme.

Factual information given in the prescribed Return shall be the same as on the date of filing the Return. The undertaking to abide all the laws as applicable to the employer/entrepreneur shall be valid for a period of next one year.

Once opted for the Scheme, the same shall be valid for five years and the employer/entrepreneur shall file annual return as prescribed. After the successful compliance under the Scheme for five years, the employer/entrepreneur shall have option either to remain covered under the Scheme or opt out of the scheme. The option must be exercised in written to be made before the Labour Commissioner. In case the employer/entrepreneur successfully completes five years under the Scheme and during any inspection, carried out, if no violations of law (s) detected the security so deposited shall be refunded. No interest shall be payable on the security deposited.

Scheme - 6. Amount of Security to be Deposited.

Any entrepreneur/employer who opts for the Scheme shall deposits a security by way of account payee bank draft in favour of Gujarat as prescribed by Labour Commissioner, Government of Gujarat from time to time. At the commencement of this scheme, the security amount shall be as under.

Scheme - 7. Forfeiture of Security Deposit.

In case any entrepreneur or employer withdraws prematurely from the Scheme i.e. before 5 years or fails to follow the terms and conditions of the Scheme or fails to file return in time under the Scheme or fails to abide by any undertaking given by him or any violation of law(s) is detected then security so deposited shall be forfeited and in case the violation of laws, further necessary action as per the law will be initiated and he will cease to continue under the Scheme. However, there will be no bar on fresh inclusion in the Scheme if applied afresh.

Scheme - 8. Labour Laws for which the Scheme is valid.

The Scheme shall be valid for following Acts and Rules made there under as applicable to the concerned employer/entrepreneur.

(i)       Payment of Wages Act, 1936 and the rules made there under as amended from time to time.

(ii)      Minimum Wages Act, 1948 and Gujarat Rules, 1961 made there under as amended from time to time.

(iii)     Contract Labour (Regulation & Abolition) Act, 1970 and rules made there under as amended from time to time.

(iv)    Factories Act, 1948 and Gujarat Factories Rules, 1963 made there under as amended from time to time.

(v)      Maternity Benefit Act, 1961 and Gujarat Rules, 1964 made there under as amended from time to time.

(vi)    Payment of Bonus Act, 1965 and made there under as amended from time to time.

(vii)   Payment of Gratuity Act, 1972 and Gujarat Rules, 1964 made there under as amended from time to time.

(viii)  The Equal Remuneration Act, 1976 and Gujarat Rules, 1976 made there under as amended from time to time.

(ix)    Industrial Employment (Standing Orders) Act, 1946 and Gujarat Rules made there under as amended from time to time.

(x)      Physically Handicapped Persons (Employment in Factories) Act, 1982 and Gujarat Rules, 1983 made there under as amended from time to time.

(xi)    The Indian Boiler Act, 1923.

Scheme - 9. Whom to Apply.

Under the above Scheme, the application for inclusion under the Scheme shall be made in triplicate as per Annexure-I addressed to the Dy. Labour Commissioner of concerned region, with a copy to concerned Assistant Labour Commissioner/Senior Inspector of Factories. Similarly, the Return to be filed in Annexure-IV shall also be filed in triplicate complete in all respect of which two copies shall be sent to the Assistant Labour Commissioner concerned. In case the unit concerned is also covered under the Factories Act and Rules thereunder, a copy of the same shall also be sent to the Deputy Director of Safety & Health (Senior Inspector of Factories). The return in Annexure-IV needs to be filed within the prescribed time limit as per the Scheme. The date shall mean the date on which application or Return is received in the Office of Labour Commissioner.

Note. The amount of security in the shape of account payee bank draft drawn at concerned region (Ahmedabad, Vadodara, Surat and Rajkot) in the name of Deputy Labour Commissioner, Gujarat shall be attached with the application (Annexure-I)

Scheme - 10. Inspection Procedure under the Scheme.

Not more than 20 percent of the units covered under the Scheme shall be picked up randomly for inspection in a year which shall be carried out only once regarding the implementation of all the laws to which this Scheme applies. Once inspected, the same unit is not likely to be inspected in the same year or in next four years provided that no specific violation of terms, conditions, undertaking given and laws by the employer/entrepreneur is brought to notice. However, on specific complaint, only the Labour Commissioner himself/herself shall be competent to order inspection at any time.

A random inspection list of units shall be prepared by Labour Commissioner and normally the inspection of those units will take place in a year where specifically ordered by the Labour Commissioner himself/herself.

The details of the Scheme along with all prescribed application forms and inspection procedure shall be available with all the Deputy Commissioner of Labour/Deputy Director of Safety & Health (Deputy Chief Inspector of Factories)/Assistant Labour Commissioner/Assistant Director of Safety & Health (Senior Inspector of Factories) in their offices and can be obtained at a prescribed fee of Rs. 25/-. The application shall only be made in prescribed forms attached with the Scheme and the additional copies required can be copied as per specimen.

These orders are issued with the concurrence of Government on even number file dated 3-12-2003.

ANNEXURE-V

FORM FOR CONSOLIDATED ANNUAL RETURN TO BE SUBMITTED BY AN EMPLOYER WHO HAS NOT OPTED FOR SELF CERTIFICATION SCHEME

I, hereby certify that the annual informations under following labour laws, for my enterprise, during the year .......................... is as under:

(i)       The Payment of Wages Act, 1936 and Gujarat Payment of Wages rules 1963

(ii)      The Minimum Wages Act, 1948 and Gujarat rule 21 (4) 1961, there under

(iii)     The Contact Labour (Regulation and Abolition) Act, 1970 and Gujarat rules 82 (1), 82 (2), 1972 there under.

(iv)    The Factories Act, 1948 and Gujarat Factories Rules 1963 (GFR)

(v)      The Maternity Benefit Act 1961 and Gujarat Maternity Benefit Rules 1964.

(vi)    The Payment of Bonus Act, 1965 and Rules 5 there under.

(vii)   The Payment of Gratuity Act, 1972 and Gujarat rules, 1973 there under

(viii)  The Equal Remuneration Act, 1976 and Gujarat Rules, 1976 there under

(ix)    The Industrial Employment (Standing Orders) Act, 1946 and Gujarat rules there under 1982

(x)      The Physically Handicapped persons (Employment in Factories) Act, 1982 and Gujarat Physically Handicapped persons (Employment in Factories) Rules, 1982.

(xi)    The Indian Boilers Act, 1923.

PART-A

My establishment is covered under the Minimum Wages Act, 1948 and rules made thereunder and all workers/office staff are paid wages and overtime wages as prescribed by the Government of Gujarat. I have maintained all the register and records as required under the law.

PART-B

The Part A and Part B are to be furnished if the maximum number of employees employed on any day during the year under report exceed 9 (Nine)

My establishment is covered under the Payment of Bonus Act, 1965 and the workers are paid bonus. I have maintained records and registers as per the Act.

Percentage of bonus paid:

Number of beneficiaries:

Total Amount of bonus paid:

Date of payment:

If bonus is not paid, reason there of:

PART-C

Part A, B & C are to be furnished, if the establishment has employed more than 9 contract labour on any day during the year under report. (Details to be provided by the principal Employer)

My establishment is covered under the Contract Labour (Regulation and Abolition) Act, 1970 and the workers are paid wages and overtime wages as prescribed by the Government of Gujarat. I have maintained records and registers as per the Act.

Name and postal address of the contractor:

Nature of work/operations of the contractor:

Total number of days during the year on Which contract labour was employed:

Total number of man days worked during the year by contract labour:

Total number of days during the year on which direct labour was employed:

Total number of man days worked by direct labour:

Change, if any, in the management of establishment its locations, or any other particulars furnished to the Registering Officer in the application for the registration (Details may be furnished with days of changes):

Note: In case the number of contractors are more the details of each Contractor may be furnished in same columns in separate sheet.

Annual Information to be submitted by the Contractor employing more than 9 workers.

Duration of contract:

Number of days worked during the year

Average number of contract labour worked on any day during the year.

Details of

(a)      Working hours

(b)      Over time work

(c)      Weekly holidays

(d)      Spread over

(e)      Weekly holiday paid or not.

PART-D

ANNUAL INFORMATION UNDER THE FACTORIES ACT, 1948 AND RULES MADE THEREUNDER:

(For factories registered under the Factories Act, 1948)

(A)    Factory Identification details.

FIN (Factory Identification Number):

NIC Code (Five digit):

Sector (Public/Private/Co-operative/Joint Venture):

Registration under section (2m (i)/2m(ii)/85):

Registration No.: License No.:

Licensed workers: Licensed H.P.:

License renewal position (year):

License renewal application submitted for the year:

Plan approval No.: Date:

Stability Certificate

(i)       obtained on date:

(ii)      Submitted on date:

Finished products:

Intermediates:

Raw materials:

(B)    Details of Employment.

(i)       Average Daily Workers: Male:.........Female:................

(ii)      Number of Days the Factory worked during previous year:...............

(iii)     Number of man days worked (i.e. aggregate attendance during the previous year)

(a)      Adults:

(i)       Men:...........
 

(ii)      Women:............Total: ..........

(b)      Adolescents

(i)       Men:...........

(ii)      Women:..........Total: .............

Average number of workers employed daily, i.e. Man days worked divided by number of days worked.

(a)      Adults:

(i)       Men:...........

(ii)      Women:.........Total: ...........

(b)      Adolescents:

(i)       Men:............

(ii)      Women:.........Total: ...........

(iv)    Total number of man-hours worked including overtime but excluding rest interval.

(a)      Adults:

(i)       Men:............

(ii)      Women:............ Total: .............

(b)      Young person

(i)       Men:..........

(ii)      Women:............ Total: ............

(v)      In respect of factories carrying on processes or operation declared dangerous under section 87, furnish the following information (See explanatory note 'A')

(vi)    In respect of factories carrying on processes on "hazardous process" as defined in section 2 (cb) furnish the following information. (See explanatory note "C")

(1)     Provision of Factory Medical Officer:

if applicable (Retainer ship base/Part time/Full time) (GFR 68 U)

(2)     Number of Industrial Hygienists employed: to monitor work environment as required under section 7-A, 112.

(3)     Details of Safety Officers & Safety: Supervisors

(Sec. 40 B GFR 68-H & 68-S)

(4)     Safety Committee functioning ? (if applicable):

(GFR 68 F, 68 Y)

(5)     Number of Safety programs for training:

& safety awareness arranged during last year and number of workers trained through it.

(6)     for Major Accident Hazard Factories:

(a)      Onsite emergency plan prepared /amended date:.............

(b)      Rehearsals done for Onsite Emergency:

Plan during last year.

(Give dates)

(c)      Details of Safety Policy, Safety Audit: & Safety Report. (If applicable) (GFR 68 J, 68 O & 12-C)

(d)      Whether information regarding hazards and action taken provided to public, workers and authorities.

(GFR 68 K, 68 L)

(7)     Provision of Ambulance Room,:

required staff, Ambulance Van (if applicable) (Sec. 45, GFR 68 U, 68-V & 71)

(8)     (a) Whether canteen facility provided:

as per standards prescribed if more than 250 workers are employed.

(sec. 46, GFR 72 to 78)

(b) Is canteen managed/run departmentally?: Yes/No.

through a contractor ? Yes/No.

(9)     Whether Rest Rooms and Lunch:

Rooms are provided? If more than 150 workers are employed.

(Sec. 47, GFR 79)

(10)   Whether creche facilities are provided: for the use of children of women employees? (if more than 30 women are employed)

(Sec. 48, GFR 80 to 83A)

(11)   Whether Welfare Officer is appointed as per the provisions laid down (Sec. 49)

(12)   Shift Timings:

1st shift from........to................ 2nd shift form............to.....................

3rd shift from............to................. General Shift from............to...........

(13)   (a) Normal working time for:

Women workers-

In case of relaxation granted for working hours of women workers, whether return & transport and security facilities provided. (GFR 91-A).

(b) Whether certificates of fitness:

are obtained for employment of young persons (above 14 years) in the prescribed Form No. 5 (Sec. 69)

(14)   Annual leave with wages.

(a)      Whether leave with wages are allowed to the eligible employees. (Sec. 79):

(b)      Total number of workers discharged/dismissed from the service/quit employment/super annulated/died while in service during the previous year:

(c)      Number of workers in respect of whom wages in lieu of leave were paid:

Total Number of workers employed during the year.

(a)      Adults:

(i)       Men: ..........

(ii)      Women: ...........Total: ...........

(b)      Young persons
 

(i)       Men: ..............

(ii)      Women: ...........Total: ..........

Number of workers who were entitled to annual leave with wages during the year.

(a)      Adults:

(i)       Men: ............

(ii)      Women: ...............Total: .............

(b)      Young persons

(i)       Men: ..............

(ii)      Women: ...........Total: ..............

Number of workers who were granted to annual leave with wages during the year.

(a)      Adults:

(i)       Men: ............

(ii)      Women: ...............Total: ..........

(b)      Young persons

(i)       Men: ..............

(ii)      Women: ............Total: ............

(15)   Reporting of accidents to Factory Inspectorate-

Number of Accidents and Dangerous Occurrences during Previous year

Injuries occurring inside the factory during the previous year

(4)   (i) Nonfatal injuries (workers injured:

during the year in which injured workers returned to work during the same year.

(a)      Number of injuries:

(b)      Mandays lost due to injuries:

(ii) Nonfatal injuries (workers injuries) occurring in the previous year in which injured workers returned to work during the year to which this information relates

(a)      Number of injuries:

(b)      Mandays lost due to injuries (this should be the total mandays lost during the previous year as well as in the current year).

PART-E

Annual Information under the Payment of Wages Act-1936 & Rules Made there under.

For Factory/Establishment covered under The Payment of Wages Act, 1936 and Rules made there under.

(1)     Whether application in respect of Fines being imposed on the employees in sent to Chief Inspector of Factories as per the Provision (Rule 10)

(2)     (i) Number of Mandays worked (i.e. aggregated numbered on attendance) during the year for person earning more than Rs. 1600/- per month (See explanatory note "D")

(a)      Adults

(b)      Young persons Total

(ii) Average number of workers employed daily (i.e., mandays worked divided by number of days worked) for persons earning more than Rs. 1600/- per month 

(See Explanatory note "B")

(a)      Adults

(b)      Young person

TOTAL

(3)     "Total Wages paid" including 'deductions' under Section 7 (2) of the payment of Wages Act, 1936 for persons getting less than Rs. 1600/- per month on the following accounts:

(a)      Basic Wages Only Rs.

(b)      Dearness Allowances Rs.

(c)      Composite wage (i.e., if combined Basic wages and dearness allowance paid)

(d)      Overtime Wages Rs.

(e)      Non-profit sharing bonus Rs.

(f)       Any other Bonus (other than Profit sharing bonus and nonprofit sharing bonus) forming part of wages as defined under the Act. Rs.

(g)      Act any other amount paid in cash which may form part of wages as defined under the Act. (Please specify)

(h)     Arrears of pay in respect of previous year paid during the year.

(i)       Total Wages paid (total of (a+b) or c+d+e+f+g+h) 'Gross amount paid as remuneration to person getting less than Rs. 1600/- per month including 'deduction' under section 7 (2) of the Act on the following accounts:

(a)      Total Wages paid (item 3) during the year Rs.

(b)      'Bonus paid' during the year Rs. (Including arrears also, if paid During the year. This is statutory Sharing Bonus)

(c)      'Amount of money value of Rs. Commission given during the year.

(d)      Deductions-number of cases and amount realised:

PART-F

Annual information under the Maternity Benefit Act, 1961 & Rules made there under.

(For the establishment/factory covered under the maternity Benefit Act, 1961 & the Rules made there under.)

(1)        Number of Female workers employed on any day

(2)        No. of women workers, claimed Maternity benefit/No. paid (Section 5)

(3)        No. of cases in which medical Bonus is claimed/paid (Section 8)

(4)        No. of cases of leave for miscarriage is applied/granted (Section 9 & 9-A)

(5)        Number of cases of additional leave for illness applied/granted (Section 10)

(6)        Total amount of maternity benefit paid

(7)        Whether Nursing breaks allowed to the eligible women employees? (under section 11 & Rules 7)

(8)        Whether women employees are dismissed from service during their pregnancy depriving of their entitled maternity benefit or medical bonus-if so, number of women dismissed and reason thereof (section 12)

PART-G

GUJARAT PHYSICALLY HANDICAPPED PERSONS (EMPLOYMENT IN FACTORIES) ACT, 1982 AND RULES MADE THERE UNDER.

(For the Establishment covered under The Gujarat Handicapped Person (Employment in Factories) Act, 1982 and Rules made there under.

(1)        Total No. of workers employed.

...............................

(2)        Number of physically handicapped persons employed.

..............................

Certificates from Certifying Surgeon obtained from all workers?

Yes/No.

(3)        Whether all physically handicapped persons are recruited from registered persons with employment exchange.

Yes/No.

(4)        Record of physically handicapped persons maintained in form No. II

Yes/No.

PART-F

Annual Information under the Indian Boilers Act, 1923.

(For units having registered boiler/economiser)

Registry number of the Boiler/Economiser:

(A)     Name of Owner:

Address where Boiler/Economiser installed:

(B)     Information of Boiler Proficiency Engineer reporting fitness of Boiler/Economiser:

Full Name:

Address:

Tel. No.: Fax No.: E-Mail ID:

Type of Proficiency certificate:

No. & date of certificate and Issuing Authority:

Details of endorsement of Gujarat Boiler Inspectorate (if any):

(C)     Certificate of Boiler Proficiency Engineer.

I have inspected above the boiler/Economiser on.................at the request of boiler owner as required under Notification No............... dated...........of Government of Gujarat. I hereby certify that the Boiler/Economiser is fit for further use at the pressure approved by the Boiler Inspectorate for 12 months i.e.

Explanatory Note:-

(A)     All such 'dangerous processes or operations' as specified and declared in the Rules farmed under section 87 of the Factories Act, 1948 should be checked. If the factory or even a part of the factory submitting returns falls under this Section, the fact should be mentioned against this item and request information furnished accordingly.

(B)     The average number of workers employed daily should be calculated by dividing the figure of 'Mandays worked' by number of days worked in the year. For seasonal factories', the average number of workers employed daily during the working season and off-season should be given separately. (Refer Note B-2).

(C)     All such 'hazardous process' in relation to the industries specified in the First Schedule to the Factories Act and defined under Section 2 (Cb) of the Act should be checked. If a factory, or even a part of the factory submitting returns falls under this Section, the fact should be mentioned against this item and requisite information furnished accordingly.

(D)     Mandays worked should be the aggregate number of attendance of all the workers, covered under the Act, in all the working days. In reckoning attendance, attendance by the temporary as well as permanent employed should be counted, and all employees should be included, whether they are employed directly or under contractors (Apprentices, who are not covered under the Apprentices Act, 1961, are also to be included). Attendance on separate shifts (e.g. night and day shifts) should be counted separately. Partial attendance for less than half a shift on a working day should be ignored while attendance for half a shift more on such day should be treated as full attendance.