Shreyika Walia
August 5, 2024
The Government of Maharashtra recently issued amendments to
the Maharashtra Shops & Establishments (Regulation of Employment and
Conditions of Service) Rules, 2018 (“Rules”) with the aim to enhance the
regulatory framework in the state pertaining to insurance.
The primary objective of these amendments is to ensure that
establishments operating within the state are adequately insured and provide
for a mandate on the establishments to maintain an insurance certificate. This
not only ensures security and welfare of the employees, but also creates a more
secure and resilient business environment.
With this amendment, an additional entry has been included
in (i) Form A, for the establishments to now include an insurance certificate;
(ii) Form D, requiring the insurance certificate for compliance; (iii) Form F,
to ensure that insurance certificates comply with the regulatory requirements;
and (iv) Form R, for the specifics of the insurance policy and its related
details.
Furthermore, amendments are introduced to the Schedule
requiring establishments to submit a copy of their detailed insurance
certificates and maintain a valid insurance certificate for compliance with
regulatory requirements.
Prior to these amendments, the Rules did not explicitly
mandate the submission or inclusion of an insurance certificate for
establishments which consequently left a gap in ensuring that establishments maintain
a valid insurance coverage. With these amendments, the inclusion of an
insurance certificate, along with the necessary details has become a compulsory
requirement, ensuring that establishments are covered for liabilities and other
risks.
The amendment is a considerable step towards strengthening
the regulations for shops and establishments in Maharashtra. This ensures that
establishments are financially prepared to handle unforeseen incidents. It also
promotes a safer working environment, as establishments are now mandated to
have insurance coverage.
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