The Directorate General Labour Welfare Division is one of the oldest divisions of Ministry of Labour & Employment headed by Director General (Labour Welfare) and it’s origin can be traced back to enactment of the Mica Mines Workers Welfare Fund Act,1946.
Major activities related to the protection and welfare of the Workers in beedi/cine/non-coal mine of the unorganized sector under DGLW (Director General, Labour Welfare):-
Labour Welfare Schemes (LWS).
Building and Other Construction Workers (RE&CS) Act, 1996.
Contract Labour Regulation Act, 1970
The Unorganised Workers' Social Security Act, 2008.
Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
(i) Beedi workers and their dependents through 8 hospitals and 236 dispensaries all over the country.
(ii) For Cine Workers, There Are Two Dispensaries For Medical Treatment.
(iii) For IOMC Workers And Their Families, There Are 3 Hospitals And 20 Dispensaries.
(iv) For Mica Workers There Are 1 Hospital and 292 Dispensaries, All Over The Country.
Diversified medical assistance for workers.
Purpose
Nature of assistance
Ophthalmic problems
Financial assistance of RS.300/- for purchase of spectacles
Tuberculosis
Reservation of beds in T.B Hospitals and domiciliary treatment for workers. Subsistence allowance Rs.750/- p.m. to Rs.1000/- is paid to workers.
Heart Diseases
Reimbursement of expenditure up to Rs.1,30,000/- to workers.
Kidney Transplantation
Reimbursement of expenditure up to Rs.2,00,000/- to workers
Cancer
Reimbursement of actual expenditure on treatment, medicines, and diet charges incurred by workers, or their dependants.
Minor surgery like Hernia, Appendec-tomy ulcer.
Reimbursement of expenditure upto Rs.30,000/- to workers and their dependants.
Gynaecological diseases and prostrate diseases.
Mental Diseases
Financial assistance for treatment of mental diseases, diet, railway fare and subsistence allowance to workers.
In addition to above, following welfare schemes are specially formulated for the mine workers-
(i) Scheme for artificial limb for mine workers working in mines.
(ii) Scheme for fatal and serious accidental benefit, for mine workers.
(iii) Scheme for payment for grant-in-aid to the mine managements who are maintaining hospital for the mine workers and their families.
(iv) Scheme for organizing health camps.
(v) Grant-in-aid for the purchase of ambulance, 75% of the cost or Rs.3.00 lakh whichever is less.
(vi) Grant-in-aid for the purchase of bus for transporting workers, 75% of the cost or Rs.7.00 lakh whichever is less; and in case of mini bus, 75% of the cost or Rs. 5.00 whichever is less.
Professional degree courses {BE/B.Tech/MBBS/BAMS/BUMS/B.Sc.(Agri.) and MCA/MBA}.
15000
15000
(ii) Financial assistance to the extent of 75% of the cost subject to maximum Rs.7.00lakh for normal bus and Rs.5.00 lakh for mini bus to the mine management for transporting school going children of the mine workers.
(iii) Mine Managements are provided Rs.10,000/- for purchase of books in the library.
Revised Integrated Housing Scheme (RIHS)-2016 to the worker engaged in Beedi/Iron/Manganese and Chrome ore/mica/Limestone & Dolomitemines & Cine, Registered with the Labour Welfare Organization with effect from 2nd March 2016:
Under the RIHS 2007 which is effective from 1.4.2007, the implementing agency is Ministry of Labour and Employment, through the Welfare Commissioners in the field under the Director General Labour Welfare. The subsidy of RS.40,000/- is released in two equal installments. The workers contribution is Rs.5000/-, which is deposited after the administrative approvel granted by DGLW office. The first instaliment will be released, in advance, for construction up to roof-level. The second installment will be released when the construction reaches up to roof level to enable workers to complete construction in all respest. The workers construction of RS. 5000/- shall be refunded to him,along with 2nd instalment.
In addition to above individualhousing scheme, the mine management is granted RS.40,000/- for TYPE-I houses and RS.50,000/- for type-II houses for providing accommodation to the mine workers on charge of nominal rent.
The Government of India
has been deeply concerned about the exploitation of workers under the contract labour system. With a view to removing the difficulties of
contract labour and bearing in mind the
recommendations of various commissions and committees and the decisions of the
Supreme Court, particularly in the case of Standard Vacuum Refining Company in
1960, the Contract Labour (Regulation and Abolition) Act was enacted in 1970.
This Act seeks to regulate the employment of contract labour
in certain establishments and to provide for its abolition under certain
circumstances.
Contract Labour, by and large, is neither
borne on pay roll or muster roll nor is paid wages directly. The
establishments, which farm out work to contractors, do not own any direct
responsibility in regard to their laborers. Generally, the wage rates to be
paid and observance of working conditions are stipulated in agreements but in
practice they are not strictly adhered to.
The Main Features of the
Act
The Act applies to every establishment in which 20 or more workmen are
employed or were employed on any day on the preceding 12 months as contract labour and to every contractor who employs or who employed
on any day of the preceding 12 months 20 or more workmen. It does not apply to
establishments where the work performed is of intermittent or casual nature.
The Act also applies to establishments of the Government and local authorities
as well.
The Central Government and the State
Governments are required to set up Central Advisory Board and State Advisory
Boards, which are authorized to constitute Committees as deemed proper. The
functions of the Boards are advisory, on matters arising out of the
administration of the Act as are referred to them. The Boards carry out the
functions assigned to them under the Act.
The establishments covered under the Act are required to be registered
as the Principal Employer. Likewise, every contractor to whom the Act applies
is required to obtain a licence and not to undertake
or execute any work through contract labour except
under and in accordance with the licence issued.
The Act has provided for establishment of
canteens. For the welfare and health of contract labour,
provision is made for restrooms, first aid, wholesome drinking water, latrines
and urinals. In case of failure on the part of the contractor to provide such
facilities, the Principal Employer is made liable to provide the amenities.
The contractor is required to pay wages and a duty is cast on him to
ensure disbursement of wages in the presence of the authorized representative
of the Principal Employer. In case of failure on the part of the contractor to
pay wages either in part or in full, the Principal Employer is liable to pay
the same. In case the contract labour perform same or
similar kind of work as regular workmen, they will be entitled to the same
wages and service conditions as regular workmen as per the Contract Labour
(Regulation and Abolition) Central Rules, 1971.
The Act makes provision for the appointment of Inspecting staff, for
maintenance of registers and records, for penalties for the contravention of
the provisions of the Act and Rules made thereunder and for making Rules for carrying
out the purpose of the Act. In the central sphere, officers of the CIRM have
been appointed as Inspectors.
Apart from the regulatory measures provided under the Act for the
benefit of the contract labour, the ‘appropriate
government’ under section 10(1) of the Act is authorized, after consultation
with the Central Board or State Board, as the case may be, to prohibit, by
notification in the official gazette, employment of contract labour in any establishment in any process, operation or
other work.
Sub-section (2) of Section 10 lays down
sufficient guidelines for deciding upon the abolition of contract labour in any process, operation or other work in any
establishment and the ‘appropriate government’ while taking action under this
Section will have to take an overall picture of the industry carrying on
similar activities. The guidelines furnished under sub-section (2) oblige the
‘appropriate government’ to consider, as relevant data, the material to which
it must have regard. The Central Government on the recommendations of the Board
has abolished contract labour system in a number of
jobs in different industries and so far 76 notifications have been issued.
Building and other construction workers
About 25.71 million building and other construction
workers are estimated in India as per estimates of National Sample Survey
(2004-2005).The building and other construction
workers are one of the most vulnerable segments of the unorganised sector
workers in India.Their work is of
temporary nature, the relationship between employer and employee is temporary,
working hours are uncertain. The building and other construction works are
characterized by inherent risk to the life and limb of workers.The construction workers are basically
unskilled, migrant, socially backward, uneducated with low bargaining power.Provisions of labour laws like Minimum Wages
Act, 1948; Workmen’s Compensation Act, 1923; Contract Labour (Regulation &
Abolition) Act, 1970; Inter-State Migrant Workmen (RECS) Act, 1979 etc. are
applicable to building and other construction workers.With a view to regularizing the wages,
working conditions, safety and health, welfare measures, etc., exclusively for
the building and other construction workers, the
following two enactments have come on the Statute Book w.e.f.
20.8.96, initially brought in as ordinances on 3.11.951.The Building & Other Construction Workers
(Regulation of Employment and Conditions of Service) Act,1996; and 2.The Building & Other Construction Workers’ Welfare Cess Act, 1996.
The
Building and Other Construction Workers (Regulation of Employment Conditions of Service) Act, 1996:
Major provisions: Constitution of Central
Advisory Committee by the Central Government, State Advisory Committee by the
State Governments, appointment of registering officers and registration of
establishmentsby the appropriate governments,
registration of workers as beneficiaries by the Building and Other Construction
Welfare Boards, constitution of State Building and Other Construction Workers
Welfare Boards by the State Governments, hours of work, welfare measures and
other conditions of service of building workers, safety andhealth
measures, appointment of Director General, chief inspector and inspectors,
responsibility of employers to ensure safety of the worker and prevent
accidents, payment of wages and compensations.Penal Provisions: Contravention of provisions
of safety and health is punishable with imprisonment upto
three months or with fine upto Rs. 2000/- or with
both. Continued contravention is punishable with additional fine upto Rs. 100/- per day.Failure to give notice of commencement of construction work is
punishable with imprisonment of the three month or with fine upto Rs. 2000/- or with both.
Implementation:
Enforcement part of the Act is implemented by CLC in the
Central sphere and State Government in the state sphere.Welfare part is implemented by the state
Governments.
The building and other construction workers welfare cess act, 1996.
The Act provides for
levy and collection of cess on the cost of construction incurred by employers
with a view to augmenting the resources of the State Welfare Boards constituted
under BOCW (RECS) Act, 1996.
Major provisions: Levy and collection of cess not exceeding 2% but not less
than 1% of the cost of construction incurred by en employer (at present the
rate of cess is 1%.), assessment of cess.
Penal
Provisions: For failure to pay the amount of cess within the
specified date, prescribed authority can impose penalty not exceeding the
amount of cess.Penalty with
imprisonment upto 6 months or with fine upto Rs. 1000/- or with both is prescribed for furnishing
false returns.Responsibilities of the central government
Under
the Acts, some of the major obligations of the Central Government are to set- up the Central Advisory Committee u/s 3 of the
BOCW Act, 1996, framingof the Model
Safety Rules u/s 41 of the BOCW Act,appointment
of the Director General for laying down standards of inspection and
Notification for collection of cess etc. The Central Government has constituted
Central Advisory Committee on 30th June, 2000 for a period of three
years and existing CAC was reconstituted on 1st September, 2009.Building and Other Construction Workers
(RE&CS) Central Rules including Safety Rules were framed in 1998 and
forwarded to State Governments to treat them as ‘Model Rules’, Appointment of
Director General of Inspection was notified on 16.11.2005 and Notification of
collection of Cess @ 1% was issued
on 26.09.1996.
Central Advisory Committee
under the Building and Other Construction Workers (RECS) Act, 1996As
per Section 3 of the Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996, the Central Government shall
constitute a Central Advisory Committee (CAC) to advise the Central Government
on such matters arising out of the administration of this Act as may be
referred to it.
Responsibilities of the state governments
Under the Building
and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act, 1996 and the Building and Other Construction Workers Welfare Cess
Act, 1996,the States have to frame and
notify Rules, constitute Advisory Committees/Expert Committees, appoint various
authorities for registration of workers, cess collection, Inspection and Appealing
Authority and constitute State Welfare Boards to frame and implement various
welfare schemes in pursuance of the said Acts.
The Building and Other
Construction Workers Welfare Boards
As
per Section 18 of the Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996, every State Government is
required to constitute State Building & Other Construction Workers Welfare
Board.The Board is mandated to carryout
the following functions:
(a)Provide immediate assistance
to a beneficiary in case of accident.
(b)Make payment of pension to
the beneficiaries who have Completedthe age of sixty years (c)Sanction loans and advances
to the beneficiary for construction of a
houses. (d)Paypremia
for Group Insurance Scheme of the beneficiaries. (e)Give financial assistance for
the education of children (f)Meet medical expenses for
treatment of major ailments (g)Make payment of maternity
benefit to the female beneficiaries;
(h)Make provisions and
improvement of such other welfare measuresand
facilities as may be prescribed.
The Building and other Construction Workers
(RECS) Central Rules, 1998.
In order to carry out the
provisions of the Building and other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996 and The Building and other
Construction Workers Welfare Cess Act, 1996, the Building and other
Construction Workers (Regulation of Employment and Conditions of Service)
Central Rules, 1998 were framed by the Government. The Rules came into force on
19.11.1998.The rules apply to building
and other construction work relatingto any establishment
in which appropriate government is the Central Government.The Central Rules defines and stipulates the
following:
i.Responsibilities and duties
of employers, Architects, Project Engineers and Designers, Building workers etc. ii.Constitution of Central Advisory Committee.
iii.Registration of
Establishments
iv.Procedure for Appeal,
payment of fees etc.;
v.Safety and Health measures
etc.
Bonded LabourThe Government of India has consistently maintained a proactive approach to the issue of forced or bonded labour in the country. It recognizes this evil system as a gross infringement of the
fundamental Human Rights of the affected citizens and is implacably committed to its total eradication in the shortest possible time.India has ratified ILO
Convention No.29 (Forced Labour Convention 1930) on 30.11.1954.
The Bonded Labour System stands abolished throughout the country with effect from 25th October, 1975 with the enactment of Bonded Labour System (Abolition) Act, 1976. It freed unilaterally all the bonded labourers from
bondage with simultaneous liquidation of their debts. It made the practice of
bondage a cognizable offence punishable by law.The Act is being implemented by the State Governments concerned.
Bonded
Labour System (Abolition) Act, 1976 1.On commencement of this Act,the bonded labour system stood abolished and every bonded labourer stood freed and discharged free from any obligation to render bonded
labour.
2.Any custom, agreement or
other instrument by virtue of which a person was required to render any service as
bonded labour was rendered void.·Liability to repay bonded
debt was deemed to ave been extinguished. 3.Property of the bonded
labourer was freed from mortgage etc. 4.Freed bonded labourer was
not to be evicted from homesteads or other residential premises which he was
occupying as part of consideration for the bonded labour. 5.District Magistrates have
been entrusted with certain duties and responsibilities for implementing the provisions of this
Act. 6.Vigilance committees are
required to be constituted at district and sub-divisional levels. 7.Offences for contravention
of provisions of the Act are punishable with imprisonment for a term, which may
extend to three years and also with fine, which may extend to two
thousand rupees. 8.Powers of Judicial
Magistrates are required to be conferred on Executive Magistrates
for trial of offences under this Act.Offences under this Act could be tried
summarily. 9.Every offence under the Act
is cognizable and bailable.
Centrally sponsored plan scheme for rehabilitation of bonded labour In order the
assist the State Government in their task of rehabilitating the released bonded
labour, a
Centrally Sponsored Plan Scheme for rehabilitation of the released bonded
labour is in operation since May 1978. This scheme was modified in May,
2000.Under the modified scheme the
rehabilitation grants to the extent of Rs. 20,000/-
per bonded Labourer is provided.The
expenditure is shared by the Central and the State Government concerned on
50:50 basis. In the case of North Eastern States and Sikkim, the expenditure is
fully borne by the Central Government.The modified scheme also provides for financial assistance to the State
Governments/UTs @ Rs. 2 Lakhs per district for
conducting survey of bonded labourers once in 3 years, Rs.
10 Lakhs for awareness generation activities and Rs.
5 Lakhs for evaluation studies.
Convergence based approach to Prevention of Bonded Labour The Central Government, along with ILO
and NHRC is working on evolving convergence related projects with State
Governments to prevent bondage.This
approach was tested on pilot basis in two Districts of Tamilnadu
with some encouraging results.This is
now being replicated in the States of Andhra Pradesh, Orissa and Haryana where
preliminary work has been done.Some
other States have also shown interest in adopting this approach.This approach centres around
the following: 1.Enhancing social protection
for the identified target group by strengthening access to government schemes. 2.Strengthening capacities of
stake-holders to improve the living conditions and workplace facilities. 3.Improving recruitment
practices and working conditions through social process dialogue.
The Supreme Court in its order dated 11.11.97, in
the writ petition No.3922/85, has requested the National Human Rights
Commission to be involved in dealing with the issue of bonded labour. In pursuance of the above order of the Supreme
Court, a Central Action Group has been constituted in the National Human Rights
Commission. The CAG is holding regular meetings/sensitization workshops at
various places in collaboration with the Ministry of Labour and Employment and
the matter is being pursued with the State Governments.
Inter-state migrant workers Accelerated movement of people originating mainly from the rural and backward areas in
search of employment has been one of the most important features of the labour
market scenario in India during the post-Independence period. The system of employment of inter-state
migrant labour is an exploitative system prevalent in many states of the union.
Such migrant labour is recruited from various parts of a particular state
through contractors or agents for work outside that state in large construction
and other projects. This system lends itself to various abuses. Once the worker
comes under the clutches of the contractor or agent, he takes him to far-off
places on payment of railway fare only. Generally no working hours used to be
fixed for these workers and they were made to work on all the days in a week
under extremely harsh conditions. The provisions of the already available
labour laws were not observed and wages were not paid under the Minimum Wages
Act (1948).
As per census 2001, 314.54 million persons moved
for various reasons within the country. Out of these, 29.90 million migrated
for reasons of employment In order to safeguard the economic and other
interests of the migrant laborers, the Government has already enacted the Inter state Migrant Workmen(Regulation of Employment and Conditions of
Service) Act, 1979.
Inter state Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. The
Act came into force on 2.10.1980. The Act regulates the employment of inter state migrant workmen and provides for their
conditions of service.It applies to
every establishment and contractor who employs or employed five or more
inter-state migrant workmen on any day of the preceding 12 months.
Major
provisions:
Registration
of all principal employers/contractors employing migrant labour,ors employing migrant labour,Licensing of contractors,Issue of passbook affixed with a
passport-sized photograph of the workman indicating the name and the place of
the establishment where the workman is employed, the period of employment,
rates of wages, etc. to every inter-state migrant workman, Payment of minimum
wages fixed under the Minimum Wages Act, 1948, Payment of equal wages for
inter-state migrant workmen performing similar nature of work along with the
local labourers, Payment of journey allowance including payment of wages during
the period of journey.Payment of
displacement allowance, Providing for suitable
residential accommodation, Providing for medical facilities free of charge,
Punishment with imprisonment of upto 1 year or with
fine uptoRs. 1000.00 or
both for contravening the provisions of the Act.
The responsibility for enforcement of the provisions of the Act in establishments where the Central Government is the appropriate govt. lies with the office of the Chief Labour Commissioner (Central) and the responsibility for enforcement of the provisions of the Act in establishments located under the states sphere lies with the respectiveState Governments in which they are working and from where they have been recruited.
