The Madhya Pradesh Government has prepared a 1000 day action plan that exempts industries in the state from the applicability of certain provisions of the Factories Act 1948 and Industrial Disputes Act 1947. This is with a view to create more economic activities and employment opportunities during the Covid-19 pandemic. The following amendments have been notified with effect from 5 May 2020:
All factories registered under the Factories Act 1948 in the State of Madhya Pradesh have been exempted, for a period of three months, from all the provisions of the Factories Act, 1948 and the M.P. Factories Rules, 1962 except sections 6 (approval, licensing and registration of factories), 7 (notice by occupier), 8 (inspectors), section 21 to 41-H under chapter 4 about safety, section 59 (extra wages for overtime), section 65 (power to make exempting orders), section 67(prohibition of employment of young children), section 79 (annual leave with wages), section 88 (notice of certain accidents), section 112 (general power to make rules) and rules made thereunder.
Industries that will be registered under the Factories Act 1948 and start production for the first time in the next 1000 days from 5 May 2020, will be exempted from the provisions of Industrial Disputes Act 1947, except Chapter V-A (lay-off and retrenchment), Section 25-N,25-O,25-P,25-Q and 25-R of Chapter V-B (special provisions relating to lay-off, retrenchment and closure in certain establishments) for next one thousand days, provided that adequate provisions are made by such industries for the investigation and settlement of industrial disputes of the workmen employed by them.
Third party inspection for non-hazardous category of factories employing upto 50 workers has been recognised. Such factories will be exempted from the routine inspection process provided that they submit the certification report carried out by a Third Party, authorised by the Labour Commissioner, Madhya Pradesh, to the inspector having jurisdiction, before 31 January of every year. However, in case of serious/Fatal Accident or complaint/ information received thereto, inspection of such factories shall be carried out only with the prior permission of the Labour Commissioner. Failure to submit their report before 31 January will result in disentitlement from this exemption.
Eleven industries have been exempted from the provisions of the Madhya Pradesh Industrial Relations, 1960. These are, Garments, Iron and steel, Electrical goods, Sugar and its by-products, Cement, Electricity generation, Public motor transport, Engineering including the manufacture of Motor vehicle, potteries, chemical, leather tanneries. This exemption will not affect the cases pending before the Labour Court, Industrial Court or before any other Court of law.
No shops or commercial establishment situated in the local areas may open earlier than 06:00 A.M and be kept open later than 12:00 P.M.
A license granted under Rule 25 or renewed under Rule 29 of the Contract Labour (Regulation and Abolition) Madhya Pradesh Rules, 1973 shall remain valid for the period of the contract for which the application is made.
To refer to the gazette notification dated 5 May 2020, click here.
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