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State of Uttar Pradesh - Section

Section 129 in The U.P. Factories Rules, 1950

129. [ Self-certification. [Inserted by Notification No. 1771/XXXVI-03-2017-83(Sa)-17, dated 19.2.2018 (w.e.f 28.11.1950)]

(1)
(a)The objective of self-certification is to enhance the case of doing business without compromising with the safety, health and welfare of the workers.
(b)The self-certification shall be optional and any occupier may opt for self-certification by applying online to the Inspector in Form No. 29 along with the details in Form No. 30 and an undertaking in Form No. 31, any discrepancy in the application or enclosures shall be informed to the applicant within thirty days from the online receipt of the application in the office of Inspector. In case no discrepancy is informed within the said period, the applicant shall be deemed to have been enrolled under the self-certification referred to in clause (a).
(c)Once opted for the self-certification the same shall be valid for up to five years from the date of enrolment of the applicant and the occupier of the factory shall here to submit the annual return as prescribed every year. After the successful compliance under the self-certification for five years, the occupier shall have option either to remain covered under the self-certification or to opt out of it. It is necessary that the occupier shall apply to the Inspector in writing of his option.
(d)If the occupier withdraws prematurely from the self-certification i.e. before the end of the expiry of five years or fails to follow the terms and conditions of self-certification or fails to submit the annual return in time every year or fails to abide by the undertaking given by him or any violation of laws is detected, the necessary further action as per law will be initiated and he will cease to continue under the self-certification. However there will be no bar on fresh inclusion in the self-certification if applied afresh.
(e)The inspection by team of inspectorate shall be conducted by picking up randomly not more than twenty per cent of the factories covered under the self-certification in a years. Once inspected, the same factory shall not be inspected within the period of five years from such inspection of self-certification provided that no violation of conditions, undertakings given and laws by the occupier or the manager is brought into notice. However, on specific complaint, the Labour Commissioner or District Magistrate shall be competent to order for inspection at any time.
(f)A random inspection list of the factories shall be prepared by the Chief Inspector and the inspection of those factories will be done on random basis by drawing out the names from random generation programme as may be approved by the State Government.
(g)The inspection report shall be online uploaded on the official website of the inspectorate by inspection team within forty eight hours of the inspection of the factory.
(2)For prevention of accidents, the compliance of all the provisions of health, safety and welfare of the workers as per the provisions of the Act and the rules made thereunder shall have to be certified by the occupier and the manager.
(3)The occupier and the manager shall follow the instructions and guidelines of the Chief Inspector issued under the provisions of the Act and the rules and they shall be responsible and liable to punishment for any act or omission committed under the provisions of the Act and the rules made thereunder.]