Notifications

Announcements by the Government of Maharashtra
State

Maharashtra

Updated: 2ndDecember, 2021

Holiday List for 2022

The Government of Maharashtra, vide notification No. PHD.1121/C.R.97/Desk-29 and PHD.1120/C.R.97/Desk-29, dated 2nd December, 2021, has published the notification on Holiday List for 2022.

Maharashtra

Updated: 27th October, 2021

Implementation of ESIC Provisions

The Union Government, vide notification No. S.O.4476 (E), dated 27th October 2021, with effect from 1st November 2021, made the following provisions of the ESIC Act, 1948, applicable in the areas of Ahmednagar, Jalna and Yavatmal districts of Maharashtra State. Hence, these areas will be considered as ESIC Coverage areas:
• Section 38 - All employees to be insured.

• Sections 39, 40, 41, 42, 43 - Regarding payment of employee and employer contributions.

• Sections 45A to 45H - Determination of contribution in certain case, appellate authority, recovery of contributions, procedure for recovery, and application of certain provisions of the Income Tax Act.

• Sec 46 to 73 - Benefits, employer not to dismiss or punish employee during period of sickness.

• Sections 74, 75, sub-sections (2) to (4) of Section 76, 80, 82 and 83 - Constitution of Employees’ Insurance Court, matter to be decided by the Insurance Court, proceedings, and Appeal, among others.

Maharashtra

Updated: 24th September, 2021

Sexual Harassment of Women at Workplace (POSH Rules)

The Bombay High Court, in order to protect the identity of the parties, has issued some important guidelines which should be followed while conducting proceedings for the matters related to sexual harassment of women at workplace.

The guidelines are as follows:

• The matters will be heard either in-camera or in judge’s chamber.

• Orders are not to be passed in the open court and should not be uploaded on the official High Court website.

• The media is barred from publishing the proceedings or reporting of judgment without the court’s permission.

• Both sides and all the parties, and advocates, and also the witnesses are forbidden from disclosing the contents of any order, filing of judgment, etc. to the media or publishing any such material in any mode or fashion by any means, including social media without specific permission from the court.

• In all orders, the endeavour will be to anonymize the identities of the parties.

• In the order sheets, the names of the parties will not be mentioned. The orders will be read “A v B”, “P v D”, etc.

• In the body of the Order, the parties will not be referred to by their names but only as plaintiff, defendant No. 1, etc.

• In the body of any Order, there will be no mention of any personally identifiable information (PII), such as email ids, mobile or telephone numbers, address, etc.

• No witness’s name will be mentioned, nor will their address be noted.

• Orders/ judgments on merits will not be uploaded.

• The record is not to be digitized by any third-party solution provider without an order of the court. If the record is to be digitised, directions will be sought from the court for supervised digitisation.

• All the orders and judgments will be delivered in private, that is to say, not pronounced in open court but only in chambers or in-camera.

• If any Order is to be released into the public domain, this will require a specific order of the court with the condition that only the fully anonymised version of the order of judgment maybe considered in public domain for publication.

• The registrar will not permit anyone other than the Advocate-on-record with a current and valid vakalatnama to take inspection or copies of any filing or order.

• The entire record is to be kept sealed and is not to be given to any person without an order of the court.

• Witness depositions will not be uploaded in any circumstances.

• No online or hybrid facilities for hearing.

• Only the advocates and the litigants are permitted to attend the hearings. Even the support staff (clerks, peons, etc.) must leave the court.

• Except the Court Master/ Associate or Sheristedar and the stenographer or person providing secretarial assistance, other court staff must also leave the court and not be present at the hearing.

• Witness to the action, in addition to the usual oath, must sign a statement of non-disclosure and confidentiality.

It will continue to apply where that information about the parties have been obtained by using the contents of a judgment or order to discover information already in the public domain.

All persons, including the media, are required to ensure strict compliance with these conditions of anonymity. Failure to do so will be a contempt of court and it may invoke further penal provisions and actions.

Maharashtra

Updated: 3rd September, 2021

Code on Wages Rules

Government of Maharashtra, vide Notification No. C.O.W-2021/C.R.25/LABOUR-9, dated 3rd September 2021, has notified the draft rules as the Maharashtra Code on Wages Rules, 2021. These rules, if comes into effect, will supersede the Maharashtra Minimum Wages Rules, 1963, and the Maharashtra Payment of Wages Rules, 1963. The said draft will be taken into consideration by the Government of Maharashtra after the expiry of forty five (45) days from the date of publication of this notification in the Maharashtra Government Gazette. Any objection or suggestion maybe forwarded within the said 45 days period to the Commissioner of Labour, Maharashtra State, Kamgar Bhavan, “E” Block, Bandra-Kurla Complex, Bandra East, Mumbai 400051 or on email mahalabourcommr@gmail.com.

Maharashtra

Updated: 26th August, 2021

Reporting Accidents Under Factories Rules

Maharashtra Government, Directorate of Industrial Safety and Health, vide Circular No. 24/2021, dated 26th August 2021, has implemented the provision for online submission of Accident report/ report on dangerous occurrences for all the factories in form No. 24 or 24-A. After submitting the same, a printout of the form should be submitted to the concerned office of the Directorate after getting it signed by the Occupier or the Manager. The website link to file the accident report is http://mahadishonline.in/accident_reporting_index.php

Refer to the attached copy of the circular for more details.

Maharashtra

Updated: 27th August, 2021

Draft Rule on Code on Social Security, 2020

Maharashtra Government, vide notification No. S.S.C-2021/C.R.28/LABOUR-9, dated, 27th August 2021, has published draft Rule on Code on Social Security 2020. The said Draft will be taken in to consideration by the Government of Maharashtra after the expiry of forty five (45) days from the date of publication of this notification in the Maharashtra Government Gazette. Any objections or suggestions can be forwarded to Commissioner of Labour, Maharashtra State, Kamgar Bhavan, “E” Block, Bandra-Kurla Complex, Bandra East, Mumbai-400051 or on email mahalabourcommr@gmail.com. This Rule, if comes in to effect, will supersede Maharashtra Maternity Benefit Rules, 1965, The Payment of Gratuity (Maharashtra) Rules, 1972 and Maharashtra Unorganised Workers’ Social Security Rules, 2013.

Refer the attached copy of the notification for more details.

Maharashtra

Updated: 1 st July, 2021

Minimum wages

Maharashtra Government by its notification No. ../../../2021 (2)/..-10/ 6509 dated 4th August, 2021 has revised the minimum wages with effect from 1st July, 2021 as follows:

Maharashtra Minimum Wages 2021

Maharashtra

Updated: 17 th June, 2021

Extension of PT Returns

The Government of Maharashtra, vide notification no. PFT 1221/C.R.16/taxation-3, dated 17th June 2021, has extended the PT returns filing due date for the months of March 2021, April 2021, and May 2021, to be filed on or before 30th June 2021. The same maybe filed using the website of Maharashtra Goods and Services Tax Department.

Maharastra

Updated: 24th May, 2021

Exemptions under the Factories Act

The Government of Maharashtra vide notification no. FAC-2021/P.R.141/Labour 4, dated 24th May 2021, has provided exemption for all registered factories under the Maharashtra Factories Act to operate for a maximum of twelve hours per shift till 30th June 2021. This is being done in view of the labour shortage following the nationwide lockdown imposed to curb the spread of the novel coronavirus.

With the exemption from Sections 51, 52, 54 and 56, employers can allow labourers to work in two shifts of 12 hours each. The conditions specify that:
  • Overtime should be double the normal wages
  • A shift cannot go beyond 12 hrs & including rest period cannot exceed 13 hrs
  • Total working hours in a week cannot be more than 60 hours
  • No overtime is allowed for seven consecutive days
  • Overtime cannot exceed 115 hours in any quarter

Maharastra

Updated: 31stMarch, 2021

Industrial Employment Act

The Government of Maharashtra, vide notification no. Misc -2021 /CR - 47/Lab-3, dated 31st March, 2021, has issued a list of area-wise Appellate Authorities empowered under the Industrial Employment (Standing Orders) Act, 1946.

Maharastra

Updated: 4thFebruary, 2021

Maharastra Professional Tax Form IIIB

Maharashtra amended the Professional Tax Form IIIB into an electronic return. The Maharashtra State Tax on Professions, Trades, Callings and Employments (Amendment) Rules, 2021 has appended Form IIIB for electronic returns. It is effective from 1st April, 2021. The new format of the form is attached for reference.

Maharastra

Updated: 4thFebruary, 2021

Minimum Wages

TheThe Government of Maharashtra, vide notification dated 04th February, 2021 has revised the Minimum Wages w.e.f 1st January, 2021 to 30th June, 2021.

Maharastra

Updated: 21stJanuary, 2021

Maharashtra Shops and Establishments Act: Scope Extended

The Government of Maharashtra vide draft notification no. No. ICE- 0220/C.R.18/Lab-6, dated 21st January, 2021, stated that the Employee’s Compensation Act, 1923, will be applicable to all the employees who come under the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017. It is a change from Schedule II, as per which only certain employee categories were covered under the Act.

Maharashtra

Updated:1st December, 2020

Holiday List

The Government of Maharashtra, vide notification no. PHD.1120/C.R.82/Desk-29, dated 1st December 2020, has issued the holiday list for the year 2021.

Maharashtra

Updated: 25th November, 2020

Security Deposit Fees Waived

The Government of Maharashtra has waived off the security deposit settlement under Shop & Establishment and Factories which was required to be done earlier as per slab with Self Certification cum consolidated annual return scheme. However, self-certification cum consolidated annual return scheme and processing fees process still continues under 5.1 paragraph. The Government of Maharashtra Vide notification no. MISC- 2015/CR- 76/Desk Lab-9 dated 25th November, 2020, has waived off the security deposit fees prescribed under paragraph no. 5.2 from resolution (Self Certification cum consolidated annual return scheme) dated 23rd June, 2015.

Maharastra

Updated: 09th October, 2020

ESIC Act, 1948

Maharastra amends the applicability of ESIC Act, 1948