Industrialists have been experiencing lot of difficulties in obtaining Labour Commissioner NOC while transfer of their industrial assets. In order to ensure that the labour dues are settled and also to ensure that the industrial land and assets do not lie idle, the Government of Maharashtra has issued various directives from time to time.
Government Resolution (GR) Dt. 30 Oct, 2007
Maharashtra Labour Dues Settlement and Labour Commissioner NOC should be obtained before transfer of Industrial Land for Industrial use or for residential/commercial/trade purposes.
To view Government Resolution (GR) Dt. 30 Oct, 2007, Click here
Government Resolution (GR) Dt. 12 Jan, 2009
If there are cases of settlement of labour dues pending in any of the courts in India and the owner of the property wishes to transfer the property, the owner must mutually settle the matter with Labourers / Union and thereafter obtain the Labour Commissioner NOC before transfer of industrial property.
To view Government Resolution (GR) Dt. 12 Jan, 2009, Click here
Government Resolution (GR) Dt. 18 May, 2016
Freehold Industrial Land
If the company / factory outside MIDC area is closed for more than 7 years and to restart industrial activity on the same and if the labour dues are pending with the company, as per the directives of the Labour Commissioner, the plot holder and the buyer has to give an ‘Undertaking-cum Indemnity Bond’ on Rs. 300/- Stamp Paper duly notarized.
The plot can also be transferred to the new buyer for industrial activity. Government Resolution (GR) dated 30 Oct, 2007 and 12 Jan, 2009 will not be applicable in such cases.
However if the company / factory outside MIDC area is closed for less than 7 years, then ‘Labour Commissioner NOC’ is compulsory before transfer of plot in term of Government Resolution (GR) dated 30 Oct, 2007 and 12 Jan, 2009.
MIDC Industrial Land
At the time of transfer of Plot / Shed / Gala of MIDC Industrial Areas, if the labour dues are pending in any of the courts, then the plot holder and the buyer (if available) have to give a joint ‘Undertaking-cum Indemnity Bond’ on Rs. 300/- Stamp Paper duly notarised that they will clear the labour dues within 3 years to the Labour Commissioner with a copy to MIDC (Format with circular). The MIDC will transfer such plot for industrial use only.
However if it comes to the notice of the Labour Department that they use the land for other purpose than industrial and also fail to settle the labour dues within stipulated time, in such event the Labour Commissioner has been given directives to cancel such transfer.
The Government Resolution (GR) dated 30 Oct, 2007 and 12 Jan, 2009 will not be applicable for sale / transfer/ redevelopment of land for industrial use in MIDC.
The MIDC vide Circular No. C52073 dated 08 Aug, 2016 has also reproduced the contents of the above said Government Resolution (GR) dated 18 May, 2016
To view Government Resolution (GR) Dt. 18 May, 2016 Click here
To view MIDC Circular No. C52073 Dt. 08 Aug, 2016Click here
About Us
We are a well-established industrial broking company operating across India, offering a comprehensive one-stop solution for all industrial consultancy services. With in-depth knowledge of industrial policies and regulations, we have successfully closed over 550 industrial transactions. Our expertise has earned us the trust of more than 50 large multinational corporations, including 22 Fortune 500 companies. We pride ourselves on providing clear and marketable titles, ensuring time-bound and hassle-free transactions. Additionally, our dedicated legal and liaison teams work meticulously to support each transaction, guaranteeing smooth and efficient processes for our clients. We also assist in getting the Industrial Permits and Licenses which are required to run any industry.ASCC would be pleased to assist you in settling labour dues for any industrial property in Maharashtra. Contact us for seamless support and expert guidance throughout the process.
Contact Us
Ascent Supply Chain Consultants Private Limited (ASCC),
406 Raheja Arcade, Sector-11, CBD Belapur,
Navi Mumbai – 400614, MH – India.
Tel: 022-4897-4888
Email: info@ascc.in
Disclaimer
Our company has neither been appointed nor authorised by MIDC to make this blog. However, we have done in-depth study of various MIDC circulars and provided information on this blog in the public interest especially for the people holding MIDC Plots. While every effort has been made to ensure the accuracy of the information provided by us but we still advice you to kindly go through the relevant MIDC Circulars or seek professional guidance before taking any decision. The information provided on this blog should not be construed as legal advice or a substitute for professional consultation.
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