Rule 71. Third party Auditor under section 37

(1) The Chief Inspector-cum-Facilitator may recognize a third-party auditor or any institution electronically for the purpose of section 37.

(2) Third Party Auditor shall be of two types:-

(a) Labour Law Auditor who shall audit the establishment for provisions other than health, safety and welfare as defined under section 2 (1)(v) the code.

(b) Technical Occupational Health ,safety and welfare Auditor who shall audit the establishment as defined under section 2 (1)(w) and provisions of health, safety and welfare under section 2 (1)(v) of the Code.

(3) The following shall be the eligibility criteria for third party audit firms-

(a) the firm must be registered in India under a suitable legal framework such as the Companies Act, 2013, the Limited Liability Partnership Act, 2008, in must be a proprietorship, or partnership.

(b) the firm must be registered with the Labour Department;

(c) the labour law auditing firm must have qualified experience in labour laws, and the technical Occupational Safety and Health auditing firm must have experience in auditing under the Factories Act, 1948 and its related rules.

(4) third party labour law auditor or expert shall possess the following qualifications:-Bachelor's Degree in Law and a minimum of 7 years of experience of labour laws; or Bachelor's Degree in Law and a minimum of 7 years of experience as a legal practitioner; or a retired Additional/Deputy/Assistant Labour Commissioner of the State of Uttar Pradesh or an equivalent Officer of the Central Government having minimum experience of 5 years in that capacity.

(5) A third party technical/Occupational Safety and Health ,auditor or expert shall possess the following qualification:-(a) Degree in the branch of Chemical or Mechanical or Electrical or Civil or Production or Environmental or fire and safety Engineering from a recognized institution and having practical experience in manufacturing, maintenance or safety department in supervisory capacity or above in factories or in the field of occupational safety and health for a period of not less than ten years; or

(b) Diploma in branch of Chemical or Mechanical or Electrical or Civil or Production or Environmental or fire and safety Engineering and one year full time diploma in industrial safety from a recognized institution and have practical experience in manufacturing, maintenance or safety department in the supervisory capacity or above in factories for a period of not less than twelve years; or

(c) a Degree in Bachelor of Science with Physics or Chemistry and one year full time diploma in industrial safety from a recognized Institution and having practical experience in manufacturing, maintenance or safety department of an establishment in supervisory capacity or above in factories for a period of not less than twelve years; or

(d) any equivalent of above four clauses in any combination: Provided that the decision of State Government with respect to equivalency of qualifications and experiences shall be final in case of any dispute. and

(e) a post graduate diploma in industrial safety and health from an Institution recognized by State Government: provided that a person with qualification and experience prescribed in clause (d) shall be exempted from such requirement.

(6) The maximum age of the expert or Third party Auditor shall be 65 years: provided that the person above 60 years shall have to produce a medical fitness certificate for the purpose from a qualified medical practitioner.

(7) The empanelment of a Third party Auditor or expert shall not be for a period of more than 2 years at a time.