ANNUAL REPORT 2018-19 J3TI)Q \Jill D :Q~L1&I~ W{~Jfr~ (PM-SYM) ~T1~1Fdt1 Cbl'i~Llu Cfj ~ Qffi 'Ll\I111 F3iotep'): ~D G"M Cpi Anen~

Home , Ministry of Labour, Trade unions in India

ANNUAL REPORT 2018-19 J3TI)q \Jill d :q~l1&i~ W{~JfR~ (PM-SYM) ~t1~1fdt1 Cbl'i~llu cfj ~ qffi 'll\i111 f3Iotep'): ~d G"m cPI anen~. dotcP1: tf.mo~ cPI 'HQOII '81Cbl~

Incentives to Employers @

National Child Labour Project o Mainstreaming of Children National Career Service Connecting Talent withdrawn from work directly in regular schools (5-I yrs); bridge with Opportunities education in NCLP STCs (9-14 yrs) Register on NCS o Withdrawal of adolescent in portal to avail all benefits hazardous appropriate occupations Download 'ncs' App 0 Awareness11enerat1on and 0 CPindia_NCS 0 § NallonalcareerServlce · tracking of child anti adole~"-nt, , Toll Free Number: 1800-425·1514 A www.ncs.gov,/n :'=.IBbour ~.... ~· -'14 ? . ' ,., ~~ ~w~· () OL.abourMinlstry 0 /L.abourMinlstry () Otndla_NCS 0 ONatfonaltaroatServlco O @LabourMinistry G /LabourMinistry @) @Ministryoflabour@Employment @LabourMinistry Ministry of Labour & Employment Government of India Annual Report 2018-19

CHAPTER-1 HIGHLIGHTS OF IMPORTANT ACTIVITIES

Introduction essential for ec onomic grow th and development and for the dignity of the labour force of the 1.1 Work is part of ev eryone’s daily life and is country. crucial to one’s dignity, w ell-being and development as a human being. Economic New Initiatives / Important Activities development means not only creation of jobs but also w orking conditions in w hich one can w ork in Pradhan Mantri Shram Yogi Maan-Dhan (PM- freedom, safety and dignity. Ministry of Labour & SYM ): Employment, one of the oldest and important Ministries of the Government of India, is 1.3 Government of India has introduced a functioning to ensure that it remains focus sed on pens ion sc heme f or unorganised w orkers in the improving life and dignity of labour f orce of the name of Pradhan Mantri Shram Yogi Maan-dhan country by protecting & s afeguarding the interest (PM-SYM) to ensure old age protection for of workers, promotion of their w elfare and Unorganised Workers. Enrollment under the th prov iding s ocial security to the labour force both scheme has started sinc e 15 February, 2019. in Organized and Unorganized Sectors by enac tment and implementation of various Labour Law s , w hic h regulate the terms and conditions of service and employment of w orkers. The State Governments are also competent to enact legislations, as labour is a subject in the Conc urrent List under the Constitution of India.

1.2 Under the dy namic leadership of Hon’ble Prime Minister Shri Narendra Modi, the Ministry of Labour and Employment has taken s everal initiatives, legislative as w ell as administrative, 1.4 The unorganised w orkers mostly engaged to provide decent w orking conditions , improved quality of life of w orkers, commitment to free India as home based w orkers, street vendors, mid-day meal w orkers, head loaders, brick kiln w orkers, from Child Labour, employ ment generation and simplification of Labour Law s for eas e of doing cobblers, rag pickers, domestic w orkers, w asher men, ricks haw pullers, landless labourers, ow n business . Under the able leaders hip of Shri Santosh Kumar Gangw ar, Hon’ble Minister of account workers, agricultural workers, cons truction w orkers, beedi w orkers , handloom State (Independent Charge) for Labour and Employment, the Ministry has taken initiatives for w orkers, leather w orkers, audio- visual w orkers and those engaged in similar other oc cupations, creating institutional mec hanis m to ensure and realize w age security and social security to the w hos e monthly income is Rs 15,000/ per month or less are eligible to enroll under PY-SYM subject labour force of the country. The endeavour of the Minis try is to create a climate of trust that is to f ollow ing conditions:

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 Should belong to the entry age group pens ion, if the subs criber dies, the of 18-40 years; spouse of the beneficiary shall be entitled to receive 50% of the pension  Should not be c overed under New received by the beneficiary as family Pens ion Sc heme (NPS), Employ ees’ pension. Family pension is applicable State Ins uranc e Corporation (ESIC) only to spouse. scheme or Employees’ Provident Fund Organis ation (EPFO); (iii) If a beneficiary has given regular contribution and died due to any c ause  Should not be an income tax payee. (before age of 60 years), his/ her spouse will be entitled to join and 1.5 PM-SYM is a voluntary and contributory continue the scheme subs equently by pension scheme on a 50:50 basis w here payment of regular contribution or exit pres cribed age-s pec if ic contribution s hall be the scheme as per provisions of exit made by the beneficiary and the matching and w ithdraw al. contribution by the Central Government as per the scheme guidelines. For example, if a person 1.7 The subscriber’s contributions to PM-SYM enters the scheme at an age of 29 years, he is is through ‘auto-debit’ f ac ility from his / her required to contribute Rs 100/ - per month till the savings bank account/ Jan- Dhan account and it age of 60 years. An equal amount of Rs 100/- ranges from Rs 55/- to Rs 200/- per month w ill be contributed by the Central Government. depending at the entry age of the subscriber. The subscriber is required to contribute the prescribed contribution amount from the age of joining PM- SYM till the age of 60 years.

Launch of PM-SYM scheme by Shri Manohar Lal Khattar, Hon’ble CM of Hary ana at Panc hkula.

1.6 A subscriber w ould receive the follow ing benef its: 1.8 The Scheme is being implemented through LIC and Common Services Centres-SPV. LIC is (i) Minimum A ss ured Pens ion: Eac h the Pension Fund Manager and responsible for subsc riber under the PM-SY M, shall Pens ion pay out. CSC - SPV is responsible for rec eive minimum ass ured pension of enrolling the beneficiaries through its approx. Rs 3000/- per month after attaining the 3 lakh CSCs across the c ountry. Under the age of 60 years. scheme, contribution amount for the f irst month (ii) Family Pension: During the receipt of is being paid in c ash.

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1.9 Considering the hardships and erratic nature (v) After the death of pensioner as w ell as of employability of these workers, the exit his/her spouse, the entire c orpus w ill provisions of the scheme have been kept flexible. be c redited back to the f und. Exit provis ions are as under: 1.10 If a subscriber has not paid the (i) In c ase a s ubscriber exits the sc heme contribution continuously he/she w ill be allow ed w ithin a period of les s than 10 years, to regularize the contribution by pay ing entire the beneficiary’s share of contribution outs tanding dues, along w ith penalty charges , if only w ill be returned to him with savings any, decided by the Government. bank interest rate.

(ii) If s ubscriber exits after a period of 10 years or more but before superannuation age i.e. 60 years of age, the beneficiary’s share of contribution along w ith acc umulated interes t as actually earned by fund or at the savings bank interes t rate, w hichev er is higher w ill be returned.

(iii) If a beneficiary has given regular contributions and died due to any caus e, his / her spouse w ill be entitled to c ontinue the sc heme s ubsequently 1.11 To address any grievances related to by payment of regular contribution or the scheme, subscriber can contact at customer exit by receiving the beneficiary’s c are number 1800 267 6888 which w ill be contribution along w ith acc umulated available on 24*7 basis. interest as actually earned by fund or st at the savings bank interest rate 1.12 As on 31 Marc h, 2019, around 27 lakh w hichever, is higher. beneficiaries hav e subscribed to the Scheme. Hary ana has registered the highest number of (iv) If a beneficiary has given regular benef iciaries, follow ed by Maharas htra, Uttar contributions and become permanently Pradesh and Gujarat. disabled due to any cause before the Labour Reforms: superannuation age, i.e. 60 years, and unable to continue to contribute under 1.13 Ministry of Labour & Employment the sc heme, his/ her spous e w ill be (MoLE) has taken a number of initiativ es f or entitled to continue the scheme bringing transparency and accountability in subsequently by pay ment of regular enforcement of labour law s w ith the objective of contribution or exit the scheme by strengthening the safety, security, health and receiving the beneficiary’s contribution social security for every w orker and bringing ease w ith interest as actually earned by fund of complianc e for running an establishment to or at the sav ings bank interest rate cataly ze c reation/ generation of employ ment w hichever, is higher. opportunities. These initiatives include governance reforms through use of e-governance

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meas ures and legislative reforms by s implify ing, 1. The Employees’ Compensation Act, 1923 amalgamating and rationalizing the existing labour law s into f our Labour Codes. 2. The Maternity Benefit Act, 1961

1.14 Labour Codes: As per the 3. The Payment of Gratuity Act, 1972 recommendations of the 2 nd National Commiss ion on Labour, the Ministry has taken 4. The Unorganized Workers ’ Social Security steps for c odification of existing Central labour Act, 2008(Act No. 33 of 2008); laws into four codes by simplifying, amalgamating and rationalizing the relevant 5. The Iron Ore Mines, Manganese Ore Mines provisions of the Central Labour law s. At present, and Chrome Ore Mines Labour Welf are the Ministry has been w orking on to s implif y, (Ces s) Act, 1976(Ac t No. 55 of 1976); amalgamate & rationalize the provisions of the ex isting Central labour law s into four Labour 6. The Iron Ore Mines, Manganese Ore Mines Codes . and Chrome Ore Mines Labour Welf are Fund Act, 1976(Ac t No. 61 of 1976) (I) Labour Code on Wages: By simplifying, amalgamating and rationalizing the relevant 7. The Beedi Workers Welfare Cess Act, prov isions of the Minimum Wages Act, 1948, the 1976(Act No. 56 of 1976) Pay ment of Wages Act, 1936, the Pay ment of Bonus Act, 1965 and the Equal Remuneration Act, 8. The Beedi Workers Welfare Fund Act, 1976, the Code on Wages Bill, 2017 w as 1976(Act No. 62 of 1976); introduced in the Lok Sabha on 10.08.2017 and referred to the Parliamentary Standing Committee 9. The Cine Workers Welfare Fund Act, (PSC) on Labour w hich has submitted its report 1981(Act No. 33 of 1981); on 18.12.2018. The recommendations contained in the report submitted by PSC have been 10. The Building and Other Construction considered and acc ordingly, s teps w ere taken to Workers Ces s Act, 1996 move the offic ial amendments to the Code on 11. *Chapters IV and V of the Building and Other Wages Bill, 2017. Construction Workers (Regulation of (II) Labour Code on Industrial Relations: The Employment and Condition of Service) draft Labour Code on Industrial Relations (BOCW) Act, 1996. subs umes follow ing three Labour Acts: *Note- BOCW Act already included in 1. The Trade Union Act, 1926 Occupational Safety, Health & Working Conditions (OSH) Code. 2. The Industrial Employment (Standing Orders) Act, 1946 The Code is at pre-legislative stage. 3. The Industrial Disputes Act, 1947 (IV) Labour Code on Occupational Safety, The Code is at pre-legislative stage. Health & Working Conditions : The draft Labour Code on Occ upational Safety, Health & (III) Labour Code on Social Security & Working Conditions s ubs umes the follow ing Welfare: The draft Code of Social Sec urity & Labour Ac ts: Welf are subsumes the follow ing Labour Acts:

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1. The Factories Act, 1948 1.15 SAMADHAN is an Online Portal devised to introduce the w orkers to an eas y w ay of f iling 2. The Plantation Labour Act, 1951 their dis pute w ith the appropriate Conciliation Officer, encouraging transparency, speedy justice 3. The Mines Act, 1952 and trust by w orkers on the Government. The system is s o designed that it w ould integrate all 4. The Dock Workers (Safety, Health and the role players (viz. Workman, Conciliation Welfare) Act, 1986 Officer, A ppropriate Government and CGITs) in 5. The Building and Other Constructions the dispute under one roof i.e. on SAMADHAN. Workers ’ (Regulation of Employment and For more details please refer Chapter– 3. Conditions of Service) Act, 1996 The Minimum Wages Act, 1948 6. The Contract Labour (Regulation and 1.16 The Minimum Wages Ac t, 1948 w as Abolition) Act, 1970 (except chapter III and enacted to safeguard the interests of the w orkers IV) mostly in the unorganis ed s ec tor. Under the 7. The Inter-State Migrant Workmen provision of the Act, both the Central Government (Regulation of Employment and Conditions and State Governments are the appropriate of Service) Act, 1979 governments to fix, rev ise, review and enf orce the rate of minimum w ages to w orkers in respect 8. The Working Journalis ts and Other New s of scheduled employments under their respective Papers Employees (Conditions of Serv ice) jurisdictions. The government has notified and Miscellaneous Provisions Act, 1955. increase in the basic rate of minimum w ages for all sectors in the central sphere w.e.f. 19.01.2017. 9. The Working Journalists (Fixation of Rates of Wages) Act, 1958. 1.17 In order to protect the minimum w ages against inflation, the Central Gov ernment has 10. The Motor Transport Workers Act, 1961. introduced Variable Dearness Allow ance (VDA) linked to Consumer Price Index. As regards 11. The Sales Promotion Employees States /UT Adminis trations , 27 of them hav e (Conditions of Service) Act, 1976 made VDA as a component of minimum w ages. Both Central and State Governments are rev ising 12. The Cine Workers and Cinema Theatre the minimum w ages in respect of these Workers (Regulation of Employment) A ct, scheduled employments from time to time. In the 1981 Central sphere, the rates w ere last revised w.e.f. 01.10.2018. 13. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966. 1.18 In order to have a uniform wage structure and to reduce the dis parity in minimum The Code is at pre-legislative stage. w ages across the c ountry, a c oncept of National Industrial Relations Floor Level Minimum Wage (NFLMW) was mooted on the basis of the recommendations of Software Application For Monitoring And the National Commission on Rural Labour Disposal, Handling Of Apprehended / Existing (NCRL) in 1991. NFLMW w as revised from time Industrial Dispute (SAMADHAN) Portal: to time. The Central Gov ernment has revised the

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NFLMW from Rs. 160/- to Rs.176/- per day w ith Suvidha Portal’, to bring transparency and effect from 01.06.2017. It, how ever, needs to be accountability in enforc ement of labour law s and noted that the National Floor Level Minimum ease complexity of compliance. It caters to four Wage, is a Non-statutory meas ure. major Organizations under the Ministry of Labour, namely, The Payment of Wages Act, 1936  Office of the Chief Labour 1.19 The Payment of Wages Act, 1936 Commissioner (Central), ensures timely pay ment of w ages in current coin or c urrenc y notes or by cheque or crediting in  Directorate General of Mines Saf ety, the bank account of the w orkers and that no unauthoriz ed deduc tions are made f rom the  Employees’ Provident Fund w ages of the w orkers. The Central Government, Organization; and on the basis of figures of the Consumer Expenditure Survey published by National Sample  Employ ees ’ State Ins uranc e Surv ey Office, has enhanced the w age ceiling Corporation. from Rs. 18,000/- to Rs. 24,000/- per month w.e.f. 1.23 Main features: 29.08.2017 for applicability of the Act.

 Unique Labour Identification Number 1.20 Payment of Wages (Amendment) Act, (LIN): LIN is allotted to units after the 2017:- Section 6 of the Payment of Wages Act, registration to facilitate online 1936 has been amended on 16.02.2017 to enable ins pection & compliance. making payment of w ages in cash or by cheque or by crediting in the bank account of the  Online Return: Units are now required employee. The amendment made also enables to file single self-certified and simplified that the appropriate Government may, by annual return instead of filing separate notification in the Of ficial Gaz ette, specify the returns earlier. industrial or other establishment, the employer of w hich s hall pay to every person employed in  Transparent Labour Inspection Scheme such industrial or other establishment, the w ages through c omputerized system on risk only by cheque or by crediting the w ages in the based criteria and uploading the bank account. inspection reports w ithin 72 hours by the Labour Inspectors. The time period 1.21 Prov ision f or making of payment only for uploading the reports has been by c heque or by c rediting in bank acc ount of an reduced to 48 hrs since 05.11.2018. employee, in respect of industrial or other es tablishment in the Central Sphere has been 1.24 Allotment of Unique Labour notified on 26.04.2017. Identification Number (LIN) to Units after regis tration to f ac ilitate online ins pec tion & GOV ERNANCE THROUGH TECHNOLOGY compliance w as s tarted on the Portal w ith its launch on 16.10.2014 itself. The unique Labour Shram Suvidha Portal: Identification Number (LIN) has been allotted to 1.22 The Ministry of Labour & Employ ment 27,02,077 units as on 31.03.2019. has developed a unified Web Portal ‘Shram

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the Maternity Benefit Ac t, 1961, the Payment of Bonus Ac t, 1965, the Industrial Disputes Ac t, 1947. the Contrac t Labour (Regulation and Abolition) Act, 1970, Inter-State Migrant Workmen (Regulation of Employment and Conditions of Serv ice) A ct, 1979, and the Building and Other Construction Workers (Regulation of Employment and Condition of Serv ice) (BOCW) Act, 1996. These Returns w hich w ere half yearly/ annually earlier, now need to be filed by all employ ers annually only and are to be filed 1.25 Transparent Labour Inspection Scheme online. Sinc e launc h of the Online Annual in Central Sphere w as started on the Portal w ith Return on 24.04.2015, 56,364 online returns have its launc h on 16.10.2014 itself. The main features been filed on the Shram Suvidha Portal as on of the ins pection scheme are as follow s: 31.03.2019.

 A c omputeriz ed list of inspections is 1.27 Returns under Mines Act, 1952 (Coal generated randomly based on risk Mines Regulations, Metallurgical Mines based objective criteria. Regulations and Oil Mines Regulations) have been made online on Shram Suvidha Portal. As  Serious matters are to be covered on 31.3.2019, 16,743 online returns have been under the mandatory inspection list. filed on the Shram Suvidha Portal.

 Complaints based inspections 1.28 Common Online Annual Return in determined centrally by Central respect of Haryana Labour Department has also Analysis and Intelligence Units (CAIU) been started on the portal. As on 31.3.2019, 2598 of each of the enf orcement agencies returns have been filed on Shram Suvidha Portal. after examination based on data and evidence. 1.29 Unified monthly Elec tronic Challan- cum-Return (ECR) f or EPFO and ESIC has been  Mandatory uploading of inspection made operational. reports w ithin 48 hours. Common Registration  Since the launch of the Labour Inspection Scheme, 4,58,923 1.30 Common Registration f orm f or EPFO inspection reports across the four and ESIC has been made operational and 131524 Central Labour Enf orcement Agencies units have been registered w ith EPFO & ESIC have been uploaded on Shram Suvidha as on 31.3.2019. Portal. 1.31 Common Registration under three Online Return Central Ac ts namely the Building and Other Construction Workers (Regulation of 1.26 Unified Online Annual Returns have Employment and Condition of Service) Act, 1996, been made mandatory in respect of eight (8) the Inter-State Migrant Workmen (Regulation of Central Labour A cts, namely, the Payment of Employ ment and conditions of Service) Act, 1979 Wages Act, 1936, the Minimum Wages Act, 1948, and the Contract Labour (Regulation and

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Abolition) Act, 1970 is being provided online on (Regulation and Abolition) Act, 1970 for the start- Shram Suvidha Portal. 3121 registrations have ups, w herever applicable. been issued using this facility as on 31.3.2019. DIRECTORATE GENERAL OF EMPLOYMENT (DGE): 1.32 Licenses under tw o Central Acts, namely, the, Inter-State Migrant Workmen Pradhan Mantri Rojgar Protsahan Yojana (Regulation of Employment and Conditions of (PMRPY): Serv ic e) A ct, 1979 and the Contrac t Labour (Regulation and A bolition) Ac t, 1970 have been 1.35 The Pradhan Mantri Rojgar Prots ahan t h made online. 9481 licenses have bee n issued Yojana (PMRPY) Sc heme w as launched on 9 using this facility as on 31.3.2019. August, 2016 to incentivise employers for generation of employment, w here Government of State Integration India is paying the full employer’s contribution of 12% or as applicable tow ards EPF & EPS both 1.33 Integration of States w ith Shram w.e.f 01.04.2018 (earlier benef it w as applic able Suvidha Portal is under way. As on date, for employer’s contribution tow ards EPS only) for Hary ana, Gujarat, Rajasthan, Uttar Pradesh, new employment. This scheme has a dual Madhya Pradesh, Maharashtra, Punjab, benefit, w here, on the one hand, the employer is Uttarakhand and Delhi are being integrated w ith incentivis ed for increas ing the employment base the Portal. Data is being shared and LIN is being of w orkers in the establishment, and on the other allotted to the establishments covered by the state hand, a large number of w orkers w ill f ind jobs in labour enforcement agencies. such establishments. A direct benefit is that these workers w ill have access to social security Star t Up India benefits of the organized sector. The scheme is being implemented through EPFO. 1.34 Facility for exemption from Labour Inspections under six (6) Central Labour Acts is Statistics (upto 31st March, 2019) being provided to the Start-ups w ho s ubmit s elf- certified dec larations through Shram Suvidha Number of Establis hments 1,85,022 Portal. Regis tered

State/UT Governments have been adv ised to Number of Employ ees 1,37,91,049 regulate the inspections for the Start-Ups, Regis tered w herever applicable and extend the self- Total Establis hments 1,45,512 certification compliance regime from 3 years to benef itted 5 years. 27 States/UTs have taken ac tion on the Total Employees benefitted 1,18,05,003 advisory dated 12.01.2016 /06.04.2017 issued by this Ministry for self-certification & to regulate Total Amount Disbursed (Rs.) 4370.60 Crore inspection under the four (4) labour law s viz. the Building & Other Construction Workers National Career Ser vice (NCS): (Regulation of Employment and Conditions of Service) Act, 1996, the Inter-State Migrant 1.36 The Ministry is implementing the Workmen (Regulation of Employment and National Career Service (NCS) Project as a Conditions of Service) Act, 1979, the Payment of Miss ion Mode Project for transformation of the Gratuity A ct, 1972 and the Contract Labour National Employment Service to provide a variety

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of employment related services like career 3. Considering the change in employment counselling, vocational guidanc e, inf ormation on pattern and the current scenario of skill development courses, apprenticeship, employment in India w hic h has transformed internships etc. The NCS Portal (w w w.ncs.gov.in) from a long term employment to field s hort w as dedicated to the Nation by Hon’ble Prime term engagement in f orm of c ontract and Minister of India on 20.7.2015. For more details temping, the ESI Corporation has approved please refer Chapter 23. a Scheme named “ATAL BIMIT VYAKTI KALYAN YOJANA” for Insured EMPLOYEES’ STATE INSURANCE Persons(IPs) cov ered under the Employees’ CORPORATION (ESIC): State Insurance Ac t, 1948. This scheme is a relief payable in cash directly to their Bank 1.37 New Initiatives Account in case of unemployment and w hile they s earch for new engagement. 1. To strengthen its services delivery mec hanis m, ESIC has started establishing 4. ESI Corporation has also given in-princ iple at least one c ontact point in every district of approval to Modified Insurance Medical the c ountry in phased manner in the form of Practitioner (IMP) Schem e, 2018 to make Dispensary-cum-Branch Office (DCBO) IMP Scheme more attractive on pilot basis. to provide the primary medical services and The Scheme may further be expanded in the cash benefits delivery. new areas as w ell as existing areas as per need. In area, w here ESI does not have its medical establishment, or in new ly implemented area, Primary Medic al Care is provided cash less through tie up arrangement, w ith Insurance Medical Prac titioner (IMP). Earlier IMPs used to be normally appointed by the Director Insurance Medical Scheme (DIMS), ESI Scheme and are paid Rs. 500/- per Insured Person per year w hich includes consultation, basic lab investigation and cost of medicines.

a) IMP w ill prescribe medicines as per available medical list (draw n from 2. The decision for establishing M odifie d national essential list of medicines and Employer’s Utilization Dispensary basic investigations) in the health (Modified EUD) on pilot basis has also been passbook w ith signature and upload taken, w ith the objective of strengthening of image of prescription in the app. stake holder’s participation in the expansion of primary care services of ESIC. ESIC w ill b) In addition through Mobile App, the IMP hire suitable premises for setting up of may recommend sickness benefit of 7 dispensary, pref erably in the v ic inity of days in a s pell up to max imum period clus ters of residential area of IPs. ESIC w ill of 30 days in a year, s ubject to remote provide furniture, equipments and verification of suc h recommendation by medic ines. Employer w ill appoint manpow er medical referee/DCBO doctor, the and supervise the functioning of dispensary.

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benefit w ould be depos ited in the bank units for further implementation s o that all account of IP. the field offices may be equipped w ith latest hardw are. 5. “UMANG: ESIC - Chinta Se Mukti” Mobile App: IP centric inf ormation services are 3. In accordance w ith Email Policy of Govt. of now made available through ‘ESIC - Chinta Se India, ESIC Mail Mess aging Sys tem has Mukti’ mobile app launc hed through UMANG been migrated to NIC Mail Mes s aging (Unified Mobile Application for New -age Sy stem. Almost all the users have been Governance) platform. Further details on this are prov ided w ith Email Ids based upon NIC Mail mentioned in Chapter 19 under “IT Initiative in Messaging System to maintain uniformity ESIC”. across all cadres.

1.39 New Initiatives under health Reforms Agenda ESIC 2.0

A) As per its 2nd Generation Reforms ESIC- 2.0, the ESI Corporation has decided to implement the ESI Scheme all over India. Acc ordingly, the ESI Scheme has already been implemented f ully in 325 districts and partially in 178 districts.

B) Extending c overage of Social Security Net of ESI Scheme (under ESIC 2.0)

1. As part of extending the social security benefits of ESI Scheme in the entire country, the scheme has been notified in all States and Union Territories except Arunachal Pradesh & Lakshadeep Islands.

2. Under Vision- 2022, it is proposed to extend the coverage of ESI Scheme to 1.38 Othe r Initiative s of ESIC entire nation by 2022.

1. In addition to SBI gatew ay, Employers have 3. The number of Insured Persons covered been provided w ith an option to make their under the ESI Scheme on 31.03.18 has payments through gatew ay of Bank of increased to 3.43 crores. The number Baroda as w ell. This func tionality has been of beneficiaries covered under Scheme deployed and similar integration w ith IDBI is has gone up to 13.32 crores. in process. EMPLOYEES’ PROV IDENT FUND 2. In accordance w ith Corporation’s approval, ORGANISATION (EPFO): ICT Div ision has prepared Condemnation and Disposal Policy in relation with IT 1.40 The Employees’ Prov ident Fund and Equipments and circulated to all accounting Misc ellaneous Provisions Act, 1952 provides for

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Prov ident Fund, Pension Sc heme and Insurance 1.45 EPFO keeps the need f or improving Fund in f ac tories / es tablishments employ ing coverage under the EPF& MP Act 1952 in s harp tw enty or more employees in industries focus. In the past the traditional w ay of carrying mentioned in Schedule-I to the Act. The out inspec tions of establishments w as giv en a Government of India through the Employ ees’ relook and territorial jurisdiction of Enforcement Provident Fund Organization (EPFO) Officers w ere done aw ay w ith. administers the Employees’ Provident Fund and 1.46 Although for monitoring complianc e of Mis cellaneous Provisions Ac t, 1952 and the covered establishments, the system assisted tool follow ing three Schemes framed under the Act:- in the form of CCTS (Computerized Compliance (i) The Employees’ Prov ident Funds Scheme, Tracking System) w as provided to the field offices 1952 (EPF) of EPFO, no concrete system or procedure for detection of coverable establishment was (ii) The Employ ees ’ Pension Sc heme, 1995 available to the compliance machinery. It res ulted (EPS) in belated c ov erage of es tablishments w ith consequential legal implications as the (iii) The Employees’ Depos it Linked Insurance es tablishments w ere mostly found coverable Sc heme, 1976 (EDLI) from retrospectiv e dates but refused to take up past liability related to statutory dues, pay ment Membership of interes t and damages for belated remittance, pros ecution cases etc. The Act is applicable on 1.41 As on 31.12.2018, there w ere 12,03,448 its ow n v olition and thes e legal ac tions are establishments and factories covered under the attracted for non compliance for w hats oev er Ac t having 22.18 crore accounts , both in the reas on. Exempted and Un-exempted sectors. 1.47 This necessitated issue of revised Claim Settlement guidelines for improving Compliance/ Coverage. Accordingly, EPFO has issued fresh guidelines 1.42 During the year 2018-19, 115.22 lakh in April 2009 to all the field off ices w hile restoring EPF claims w ere settled. the territorial jurisdiction of Enforcement Of ficers w ith due care taken to address harassment factor Contribution by Members from employers side by strengthening the supervis ory mechanism on the conduc t of the 1.43 Total cumulative inves tment c orpus of all Enforcement Officers through constantly three Schemes administered by EPFO including monitoring their performance and outcome and the corpus managed by exempted Provident Fund getting direct feed backs from the Trusts as on 31 st March, 2018 stands at establishments, employers, employees and their Rs.13,25,830.37 crore. (Provisional) Unions/ Ass ociations. Rate of Interest Pension Reforms

1.44 The rate of interest dec lared on the Implementation of Minimum Pension depos its of members to the Employ ees ’ Provision Prov ident Fund w as 8.55% (on monthly running balance) for 2017-18. 1.48 Since the year 2014-15, one of the long- aw aited demands f or implementation of the

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minimum pension w as given effect to. The Central Axis Bank and Pos t offices to disburse pension Government had issued Gazette Notification No. and other benefits all over India. 593(E) dated 19.08.2014 providing a minimum pension of Rs.1,000/- per month for member / Employees’ Deposit Linked Insurance w idow (er) / disabled / nominee/ dependent parent Scheme pensioners, Rs.750/- per month for orphan s t pensioners and Rs.250/- per month for children 1.53 EDLI Scheme came into force on 1 pensioners. August, 1976. This Scheme is supported by a nominal contribution by the employers. No Actuar ial Valuation of EPS, 1995 c ontribution is pay able by the Employee for availing the Insurance cover. 1.49 Employees ’ Pension Scheme, 1995 is a funded s cheme w ith combined f eatures of Application and Coverage Defined Benefit and Defined Contribution. Accordingly, the scheme presc ribes the rate of 1.54 Insurance Scheme is applic able to all contribution payable as w ell as the s cale of factories/establishments to w hich the EPF & MP benefits admissible. A provis ion has been made Ac t 1952 applies . All the employees w ho are under Para 32 of the Employees’ Pension members of the provident fund scheme are also Scheme, 1995 for annual valuation of Employees’ members of this Scheme. Pension Fund by a Valuer appointed by the Benefits under the scheme Central Government. 1.55 The benef its are prov ided in case of 1.50 Actuary has been appointed for 20th and death of an employ ee w ho w as member of the 21st valuation of Employees’ Pension f und for the Scheme at the time of death. For service less year 2015-16 and 2016-17. The w ork of valuation than 12 months, insurance benefits upto is under proc ess. Rs. 1 Lacs is paid. For servic e more than 12 Pension Disbursement months, insurance benef it from Rs. 2.5 Lac s to Rs. 6 Lacs is paid sinc e February, 2018. 1.51 The disburs ement of pension is being carried out at present using the Core Banking 1.56 During the year 2018-19, 36945 EDLI System (CBS) platform of the pension claims w ere settled. At the end of 2017-18, EPFO disbursement banks . Instructions w ere iss ued to had cumulative investments of Rs. 22,111.01 Cr. the f ield off ic es to ensure that pens ion w as under this Scheme (Provisional). credited to the pensioners’ acc ounts on the f irst Information Technology Initiatives w orking day of the month. 1.57 In the financial year 2018-19, sev eral 1.52 The disburs ement of monthly pension new initiatives have been taken / continued by IS benefits is carried out through the netw ork of Div ision of EPFO to provide better services to branc hes of banks w ith w hich agreements have the beneficiaries and also to the employers: - been made. The Regional Offices have entered into arrangements w ith Nationalized Commercial i) Online Claim Re ceipt System: EPFO has Banks f or this purpose. Centralized pens ion launched online claims receipt system disbursement arrangement agreements have w hereby members having Aadhar seeded also been made w ith HDFC Bank, ICICI Bank, activated UANs can file claims online w ithout

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requiring intermediation of employers. The  All payments made to beneficiaries through facility is expected to ease the claim Elec tronic mode or Digital trans fer sys tem. submission process for EPF members. The share of online c laims as a percentage of  Softw are f or generation of Certific ate of total claims settled by EPFO has w itnessed Cov erage. a s teady grow th and during Marc h 2019,  Transfer to PF account w ithout actual 87.35% of all claims settled by EPFO w ere transfer of money betw een tw o unexempted received online, agains t 50.34% of all claims member IDs. received online in September 2018.  Implementation of composite Pension ii) Online submission of Monthly return for Payment Order Form to replace the exis ting International Workers: - Online Pension Pay ment Order. submission of IW-1 return by employ ers of establishments employing International  Introduction of Composite Claim Form Workers was started from 1st November, (Form -11). 2018 and all field of fic es of EPFO w ere ins truc ted to conduct a s pecial drive and  Trac k UAN f unctionality to know the status of Aadhaar linked to UAN. awareness programme to encourage establishments to submit the return online  Free A adhaar based E-Sign services to in a timely manner. employers. iii) Issue Tracker Web Application: - In order  Several Employ ee and Employ er Centric to streamline the process of resolution of Services on UMANG App. (Unified Mobile App technical issues related to application for New Age Governance). softw are and other utilities of EPFO, a w eb application has been deployed through  Auto Transfer to member Accounts on w hich the field offices can report their issues change of employment. centrally at one platform w hich w ill help in  Introduction of Online request functionality effective resolution in a time bound manner. to EPF Subs cribers for c orrection in Name, iv) New functionality for rectification of DOB and Gender (Modify basic details). w rongly seeded Aadhar Numbers:- A new  Online submission of Form 5A. functionality w as introduced to rectify cases of rejection of Digital Life Certificates due to  E-sign based Online filing of nomination for incorrect Aadhar number seeded against members (Form 2) (e-nomination). PPOs . This functionality is aimed to reduce grievances of pensioners and provide hassle  Pensioners’ Portal available at EPFO free servic es to them. w ebsite.

1.58 Besides the above, follow ing recent DIRECTORATE GENERAL OF MINES initiatives w ere also continued - SAFETY (DGMS): New Initiative  Online Filing of Returns of Exempted Establishments. 1.59 To further improve the safety standards in Mines, an MoU betw een Directorate General

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of Mines Safety, Ministry of Labour and Legislative Action Plan Employment and Department of Natural Resources Mines and Energy, Queensland 1.62 The Child Labour (Prohibition & Government, A us tralia through the Saf ety in Regulation) Amendment A ct, 2016 inter-alia, Mines, Tes ting and Research Station (SIMTARS) cov ers complete prohibition on employ ment or has been s igned on 07.3.2019 so as to explore w ork of c hildren below 14 years of age in all opportunities including the feasibility of technical occupations and process es; linking the age of know ledge sharing in the arena of Occupational the prohibition of employment w ith the age for free Safety, Health and w elfare of people engaged in and compulsory education under Right to mining operations. Educ ation Act, 2009; prohibition on employ ment of adolescents (14 to 18 years of age) in CHILD LABOUR hazardous occupations or processes and making stricter punishment for the employers 1.60 Elimination of child labour is an area of contravening the provisions of the Act. great concern and Government of India is committed to address the iss ue. Considering the Project Based Action Plan magnitude and nature of the problem, Government is follow ing a robust multi-pronged 1.63 In pursuance of National Child Labour strategy to tackle the problem of child labour. It Policy, the National Child Labour Project (NCLP) comprises of statutory and legislative meas ures, Scheme was started in 1988 to rehabilitate res cue and rehabilitation, universal elementary children rescued from child labour. It is an ongoing educ ation along w ith soc ial protection & pov erty Central Sector Scheme and at present sanctioned alleviation and employment generation schemes. in 323 districts in the country. Under the Scheme, The objective is to create an environment w here w orking children are identified through child labour families are not c ompelled to s end their children survey, w ithdraw n from w ork and put into the to w ork. Government has adopted an approach special training centers so as to provide them w ith to w ithdraw and rehabilitate w orking children from an environment to subsequently join mainstream all occupations and proces ses. education s y stem. In thes e Spec ial Training Centers, besides formal education, the children Policy on Child Labour are provided stipend, mid-day meal, vocational training and regular health check-up. 1.61 The National Policy on Child Labour declared in August, 1987, addresses the complex 1.64 As poverty is the primary cause of such issue of child labour in a comprehensiv e, holistic a social evil, the educational rehabilitation of such and integrated manner. The Action Plan under this children is further complemented by the policy is multi-pronged and mainly consists of: ec onomic rehabilitation of the families of child labour through the convergence approach so that  A legislative ac tion plan the children and their families are covered under the benefits of the schemes of various Ministries/  Project based action in areas of high Departments of the Government of India. conc entration of Child Labour PLANNING DIVISION  Focus on general development programmes for the benefit of the families of Child Labour 1.65 Planning Division is mainly respons ible for coordinating the information/material including

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lias on w ork of schemes of this Ministry w ith NITI Memorandum of Understanding w ith International Aayog, M/o Tribal Affairs , M/o Social Justice and Training Centre of International Labour Empow erment and M/o Dev elopment of North Organis ation, Turin on 28 th November, 2018 Eastern Region. It is also the Nodal Unit of Output extending the Memorandum of Understanding for Outcome Monitoring Framew ork (OOMF), another 5 years. The Institute over the years has Monitoring of Sc heduled Tribe Component (STC) been w orking in c ollaboration w ith international and Allocation f or Welf are of Scheduled Caste institutions like International Labour Organisation (AWSC) for Minis try of Labour and Employment. (ILO), United Nations International Children’s It also deals w ith Fifteen-Year Vision Document Emergency Fund (UNICEF), United National (2030), Sev en-Year Strategy Doc ument and Development Programme (UNDP) and National Three-Year Action Plan of the Schemes of Ins titutions like Indian Institute of Management, Ministry. Lucknow (IIM-L), National Institute of Rural Development & Panchayat Raj, Hyderabad 1.66 The M/o Finance has provided an outlay (NIRD&PR-H); Tata Institute of Social Sciences, of Rs. 7411.52 Crore f or the Central Sector Guw ahati (TISS-G), Late Narayan Meghani Schemes/Centrally Sponsored Schemes of Lokhande Maharashtra Institute of Labour Studies the Ministry of Labour & Employment during the Mumbai (LNML MILS-M), Mahatma Gandhi Labour Financial Year (2018-2019). Institute, Ahmedabad (MGLI-A), Dashrath Manjhi Institute of Labour and Employ ment Studies , RESEARCH & TRAINING Patna (DMIL&ES-P) and State Labour Institutes.

(a) V.V. Giri National Labour Institute (b) Dattopant The ngadi National Board For (VVGNLI) Workers Education And Development (DTNBWED) 1.67 V.V. Giri National Labour Institute (VVGNLI), an autonomous body of the Ministry of 1.69 The Dattopant Thengadi National Labour and Employ ment, Gov ernment of India, Board for Workers Education and Development set up in July 1974, has grow n into a premier (erstw hile CBWE) established in 1958, is a Institute of labour research and educ ation. Since tripartite society w hich implement the Workers its inception, the Institute has endeavoured Educ ation Programmes at national, regional and through its res earch, training, education and unit/ village level. The Board undertakes training publications to reach out to diverse groups programmes, w hich cover w orkers from conc erned w ith various aspects of labour in the organized, unorganized, rural and informal organis ed and the unorganis ed sec tors. The sectors. focus of such endeav ours is the concern to transfer academic insights and understanding for 1.70 The main objective of the Board’s application to policy formulation and action, so training programmes is to c reate aw areness as to ensure a just place for labour in an among all sec tions of the w orking population. egalitarian and democratic society. Supervisory and managerial cadres are also covered through Joint Education Programmes. 1.68 VVGNLI is mandated to forge professional collaborations with major 1.71 With headquarters at Nagpur, the Board international and national institutions involved w ith has a netw ork of 50 Regional and 7 Sub Regional labour and related issues. As a part of its Directorates spread throughout the country. The international outreach, the Institute has signed a six Zonal Directorates at Delhi, Guwahati,

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Kolkata, Chennai, Mumbai and Bhopal monitor 1.78 Cleanliness drive w as carried out the activities of the Regional Directorates of their during the pakhw adas in the Main Ministry as w ell respective z one. as all attached/ subordinate office during the year.

1.72 The Board has an apex lev el training 1.79 An intensive cleanliness drive w as institute – Indian Institute of Workers Education, carried out in Shram Shakti Bhaw an and Mumbai established in 1970 to conduc t national Jaisalmer House. Officers are nominated floor level training programmes for the activis ts of w is e for day-to-day monitoring of cleanliness. Central Trade Union Organisations/Federations, Besides a team under the chairmanship of nodal Voluntary Organisations besides training of ficer, DS (Adm) w as constituted f or overall programmes for Board’s Officials. implementation of drive. The ac tivities included:

 Pers onal ins pec tion by Hon’ble Minis ter/ 1.73 During 2018-19, the Board has Secretary (L&E) on diff erent occasions. conducted 1288 programmes of varied durations, at national level f or 31411 participants.  Continued personal monitoring of all cleanlines s activities by the Joint Secretary 1.74 Besides, the Board has been level officers. generating aw areness among the informal sector w orkers about various w elfare schemes through  Removal of extra/broken furniture items and its Labour Welfare and Development records from the Corridors.(photos Programmes . attac hed)

 Proper cleaning of the Parking lot and open 1.75 The special programmes for the lawn/premises area for maintaining beneficiaries of Mahatma Gandhi National Rural cleanliness and Employment Guarantee A ct (MGNREGA ) are being conduc ted by DTNBWED from the financial  avoidance of accumulation of debris/malba. year 2011-12. During 2018-19, the Board has  Spec ial drive for w eeding out of old files/ conducted 238 programmes for the 9188 w orkers records in the sections on 03.05.2018. in rural sector under MGNREGA scheme.  Pruning and beautification of outdoor and SWACHH BHARAT MISSION indoor plants are being done at regular intervals to give a clean and better look of 1.76 The Ministry of Labour and the building. Employ ment has been implementing Sw achh Bharat Miss ion to achiev e the target set by this  Regular cleaning of departmental Canteen, Ministry in its annual action plan since its launch. library and store room to maintain cleanliness and hygiene. 1.77 The Ministry c elebrated International Labour Day on 1st May, 2018, by w ay of initiating  Prohibition of unnecessary pasting/ stic king a cleanliness driv e in the first fortnight of May, of notices on the w alls. st th 2018 (1 -15 May) in all ESIC hospitals,  Buildings are made completely covered dispensaries, factories, manufacturing premises. under CCTV s urveillanc e sys tem. Notices The Office of Chief Labour Commissioner are displayed to prohibit spitting, loitering etc. (Central) issued directions to establishments for observing c leanliness drive during the fortnight 1.80 Action Plans for the Sec ond year of to c ommemorate Labour Day. campaign and for the rest period upto March 2019

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have been draw n. The activities are being 1.85 DGFA SLI organiz ed Sw achhata follow ed as specif ied in the Ac tion Plans. Abhiyan for cleanliness campaign in Major Port Trus t, Mumbai by involving 200-300 employees 1.81 Sw ac hhta Action Plan (SA P) of the of the Major Port Trus t, Mumbai on 14th May, Ministry f or the year 2018-19 w as c onveyed to 2018. the Minis try of Drinking Water and Sanitation. Toilets have been renovated in the Shram Shakti GRIEVANCE REDRESSAL IN MAIN Bhaw an under SAP. SECRETARIAT 1.82 All attached/subordinate and autonomous 1.86 Grievanc e Redres sal Mechanis m is organizations of the Ministry are also carrying out part and parcel of the machinery of any the activities pursuant to Prime Minister’s call for administration. The public grievances are ‘Sw achh Bharat” as a mission mode. received in the Ministry mainly in tw o modes, viz. online through the CENTRALISED PUBLIC GRIEVANCE REDRESS AND M ONITORING SYSTEM (CPGRAMS) por tal (https:// pgportal.gov.in) and also in off -line (physical) form from various sources. Of late, many aggrieved persons /parties are also raising their grievances to the Minis try through e-mail and Social Media. The Ministry of Labour and Employ ment is one of the top 20 Ministries w hic h receive largest number of grievances.

1.83 During Swachhata Hi Seva, 2018 1.87 The w ork of Public Grievance redressal several activities have been performed in all is given high importance by this Ministry and it is attached/subordinate office of Ministry of Labour regularly review ed at highest level of Secretary & Employment and more 20,000 thousand (L&E). Majority of the grievances received in this peoples participated in Sw achhata Hi Seva, 2018. Ministry are related to the Employees Provident Fund Organisation (EPFO), Chief Labour Commissioner (Central) Organisation (CLC(C)), the Employees State Insurance Corporation (ESIC) and the Directorate General of Employment (DGE). While the Ministry gives due importance to grievances received through all sources/medium, the online Public Grievanc es received in the Ministry on the CPGRAMS portal are being closely monitored and due to the regular and close monitoring at all lev els, most of these grievances are presently being disposed of by various units , organisations and off ices of the 1.84 During Sw achhata Pakhw ada, 2018, Ministry w ithin 30 days. Ministry of Labour & Employment distributed 3 Trophies to Sections of the Ministry w ho have 1.88 Comparative figures of Public Grievanc es received and dis posed of in the done exemplary w ork in s anitation. CPGRAMS portal by the Ministry of Labour and

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Employment and percentage of dispos al of such Year RTI Applications Grievances during the period 2016-2019 (Year- Re ceived w ise) are given in detail in Chapter No. 20. 2005-2006 37 RTI Cell 2006-2007 399 2007-2008 606 1.90 In order to achieve the objectives of Good Governance, it is necessary that the 2008-2009 733 administration should be transparent, responsive, 2009-2010 832 citizen-friendly and able to diss eminate all the information to the public . Right to Inf ormation is 2010-2011 1154 a pow erful tool to ensure all these qualities in the 2011-2012 1537 adminis tration and, therefore, the Government 2012-2013 1110 enac ted the Right to Information (RTI) Act, 2005, w hic h has c ome into effec t from 12.10.2005. 2013-2014 1386 2014-2015 4539 1.91 In pursuance of the provisions contained in the Right to Information Act 2005, 2015-2016 4275 action has been taken for the implementation of 2016-2017 4801 the Act in v arious Public authorities under the 2017-2018 4529 aegis of Minis try of Labour & Employment. It inc ludes dissemination of information in public 2018-2019 4743 domain relating to the particulars of organization, 1.93 During the year 2018-19, 20 applicants its function and duties, the designation of CPIO have gone to Central Information Commission and Appellate Authority etc. The Ministry has also (CIC) in the form of sec ond appeal, in w hich CIC initiated suo-motu disclosure of information about has upheld the dec ision of A ppellate A uthority various Labour A cts / Regulations, w hich w ere cases in Central Government Ministries/ required to be made public for the use of citizens Departments to introduc e transparenc y and of this country, on the Ministry’s w ebs ite i.e. ownership and, thereby, enabling efficient w w w.labour.gov.in. It is also to be mentioned that monitoring of court in almost all cases. Attached & Subordinate offices and Autonomous organis ations of the Ministry have their ow n Legal Cell: w ebsites w hich are linked to the Minis try’s w ebsite. 1.94 Legal information Management & Briefing System (LIMBS) w as introduced by the 1.92 The Ministry has also set up a Central Department of Legal Affairs w ith an aim to RTI Cell, headed by a Nodal Officer w here the digitalize the entire process of court cases. Legal RTI applications from the citiz ens are received. Cell of the Ministry has strived to ensure that Year w ise number of RTI applications received LIMBS is implemented by all Organisations under (manually and elec tronically) in Main Secretariat, the Ministry. Ministry of Labour & Employment is Ministry of Labour & Employment since inception one of the front runners in implementing LIMBS of the RTI Act, 2005 are as below : by uploading information of almost all court cases (around 60900 court cas es till Marc h 2019) on LIMBS portal.

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CHAPTER-2 ORGANISATIONAL STRUCTURE & FUNCTIONS

LABOUR JURISDICTION Child Labour and enhancing employability on a sus tainable bas is. 2.1 Under the Constitution of India, Labour is a subject in the Concurrent List and, therefore, both Mission the Central and State governments are competent to enact legislations subject to certain matters 2.3 Formulating and implementing Policies/ being reserved for the Centre. (Box 2.1) Programmes /Schemes /Projects for prov iding Social Security and Welfare, regulating Box 2.1 Conditions of Work, Oc cupational Health and Safety of Workers , eliminating Child Labour, LABOUR JURISDICTION: promoting Harmonious Industrial Relations, CONSTITUTIONAL STATUS ens uring Enf orcement of Labour Law s and Union List Concurrent List promoting Employment Servic es.

Entry No.55 – Entry No.22 – Trade 2.4 Objectives Regulation of labour Unions; industrial and and safety in mines labour disputes. 1. Enhancing w elfare and social security and oil fields. provisions for unorganised sector Entry No.61 – Entry No.23 Soc ial w orkers Industrial disputes security and soc ial 2. Prov iding social security to organised conc erning Union ins uranc e; employment sectors w orkers employees. and unemployment. 3. Eliminating child labour Entry No.65–Union Entry No.24 – Welfare of 4. Enhancing employ ability of y outh agencies and labour including institutions for conditions of w ork, 5. Strengthening employment serv ices “vocational provident funds, employers’ 6. Prev ention and s ettlement of Industrial training” liability, workmen’s Disputes and s trengthening Labour compensation, invalidity Law s enforcement machinery and old age pensions and maternity benef it. 7. Improving safety conditions and safety of w orkers

Vision, Mission and Objectives of the MINISTRY OF LABOUR & EMPLOYMENT Ministry of Labour and Employment Shri Santosh Kumar Gangw ar had taken over Vision the c harge as Minis ter of State (Independent Charge), Labour and Employment w.e.f. 2.2 Decent w orking c onditions and improv ed 03.09.2017. quality of life for w orkers, ensuring India w ithout

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Shr i He eralal Sam ariya, IAS (TG:1985) has is looking after the w ork of Industrial Safety & taken over the charge as Secretary (L&E) w.e.f. Health Divis ion - DGFASLI matters related to 21.05.2018. Factories Act and Dock Workers (Safety & Health) A ct etc, Shram Suv idha Portal, Social Bureau Heads Security excluding Employees’ Provident Fund Organisation (EPFO), Employee’s State Smt. Anuradha Prasad, AS(L&E) (IDAS : 1986) Ins urance Corporation (ESIC), Wage Board, took over the charge as Additional Secretary Wage Cell. (L&E) w.e.f. 11.07.2018. She is func tioning as Chief Vigilance Officer and the Direc tor General Shri Ajay Tew ari, IAS (AM:1993) took over the of Employment (DGE). She is also looking after charge as Joint Sec retary & Director General of all legal matters, convergence of Social Security Labour Welfare w.e.f. 02.11.2018. He is looking Schemes for unorganized w orkers, all matters after the w ork of Labour Welfare – Rural and relating to Coordination/2nd National Commis sion Unorganized Labour, Bonded Labour, residual on Labour (NCL), Dattopant Thengadi National w ork of RSBY, all aspects related to Unorganised Board for Workers Education and Development Workers Social Security Act including (DTNBWEB). registration of the w orkers BOCW Act, 1996 And BOCW’s Welfare Ces s A ct, 1996. He is also Shri Biranchi Narayan Nanda (IES : 1983) took dealing w ith the new ly launched pension Scheme over the charge of Principal Labour and for unorganized w orkers called PM-Shram –Yogi- Employment Economic Adviser w.e.f. Maandhan. 11.03.2019. He is looking af ter the w ork of Economic and Statistical Analysis (ESA) (Labour Shri R.K. Gupta, (CSS) took over the charge as Bureau), Disaster Management and Planning Joint Secretary w .e.f. 01.08.2016. He is looking Unit. after the w ork of Administration, IT, Central Labour Service & matters relating to EPF & MP Act / Smt. Sibani Sw ain, AS&FA (IES:1986 ) has took EPFO including Social Sec urity Agreements , ov er the charge of Additional Secretary and Central Provident Fund Act 1925, Labour Law s Financial Advisor w .e.f. 11.07.201. She is looking Reforms, matters relating to Central Government after the w ork of Finance, Budget & Accounts Industrial Tribunals and Nodal officer for (B&A ), Cas h and matters relating to Demand for AVMS(ACC Vacancy Monitoring System), Grants before Parliamentary Standing Committee Bhav ishya, e-Sparrow, Sw ac hh Bharat Miss ion, on Labour and monitoring of Expenditure of APARs, Coordination w ith DPARG, NIC and Ministry. national e-Governance.

Sh. Vijay Kumar (ISS:1983) took over charge as Ms Kalpana Rajsinghot, (IPoS : 1992) took Director General (Statistics) w.e.f. 18.10.2018. He over the charge as Joint Secretary w.e.f. is looking after the w ork of all matters related to 26.10.2017. She is looking after the w ork of V.V. National Career Service Centres for Differently Giri National Labour Institute (VVGNLI), Media Abled (erstw hile Vocational Rehabilitation Cell, all matters relating to Industrial Relations Centres) and National Institute for Career Service including Appellate Authority for Railways (ers tw hile CIRTES), Employ ment s tatistic s & (HOER), Child & Women Labour, Industrial related reports and Parliament Unit. Safety & Health Division – matters related to Directorate General Mine Safety (DGMS). Ms Vibha Bhalla {IRS (IT) :1991} took over the charge as Joint Secretary w.e.f. 20.02.2019. She

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Sh. N.K. Santos hi (ISS:1992) is holding the post guidelines throughout the country for coordinating of DDG w.e.f. 20.03.2017. He is looking after the employ ment related services. ‘Employment’ being w ork of ESA(Labour Bureau), Planning Unit and c onc urrent s ubjec t, both Central and State Parliament Unit. Governments are competent to lay dow n policies, standards, guidelines. Most of the States have Shri Devende r Singh (IES:1986) took over the Directorates of Employment loc ated in the State charge of Economic Advisor w.e.f 15/12/2015. He capitals which administer the Employment is looking after the w ork of Official Language, Exc hanges w ithin the State/ UT jurisdiction. In Public Grievances , Chief/Nodal Record Officer, addition to these activities, DGE also runs various Evaluation & Monitoring of Schemes, all matters schemes to increase the employability of specific related to RTI & V II CPC, Labour Conferenc e (LC) target groups through its s ubordinate offices. /ILAS. He is also Chief Inf ormation Sec urity Officer. Office of Chief Labour Commissioner (Central) [CLC(C)] OFFICE OF DIRECTOR GENERAL & EMPLOYM ENT (DGE) 2.6 This Office is responsible for (a) prevention, investigation and settlement of industrial disputes Shri Satyendra Bahadur Singh, (ISS :1987) is in the central sphere; (b) enforcement of aw ards holding the post of Deputy Director General and s ettlements ; (c) implementation of labour (Employment) sinc e 22.08.2017. law s in industries and establis hments in res pect OFFICE OF CHIEF LABOUR of w hich Central Government is the appropriate COMM ISSIONER (CENTRAL) {CLC(C)} gov ernment; (d) verific ation of membership of Unions affiliated to the Central Organisations of Shri Rajan Verma, CLS (1987) has assumed w orkers for giving them representation in national the charge of the post of Chief Labour and international conferences and c ommittees; Commissioner (Central) w .e.f. 01.01.2019. and (e) fixation and revision of dearness allow ance c omponent of minimum w ages under EMPLOYEES’ STATE INSURANCE the Minimum Wages Act, 1948 in the scheduled CORPORATION (ESIC) employ ments. Shri Raj Kum ar, IAS (GJ:1987), took over the charge of Director General of ESIC w.e.f. Directorate General of Factory Advice 21.07.2017. Service and Labour Institutes (DGFASLI)

EMPLOYEES’ PROV IDENT FUND 2.7 This Directorate is concerned with ORGANISATION (EPFO) formulation of policy relating to the safety, health and w elfare of w orkers in factories and docks. It Shri Sunil Barthwal, IAS (BH:1989) has is responsible for coordinating the implementation assumed the charge as Central Prov ident Fund of the provisions of the Factories Ac t, 1948 by Commiss ioner EPFO w.e.f. 30.06.2018. the State Governments and formulation of Model Rules thereunder. It is also c oncerned w ith the ATTACHED OFFICES administration of the Doc k Workers (Saf ety, Directorate General of Employment (DGE) Health and Welfare) Ac t, 1986. It undertakes research in industrial safety, occupational health, 2.5 The Direc torate of Employ ment (DGE) is industrial hygiene, industrial psy chology and res pons ible for laying policies, s tandards and indus trial phys iology. It also provides training

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mainly in the field of industrial psy chology and AUTONOMOUS ORGANISATIONS indus trial safety & health inc luding a diploma course of one year duration in industrial saf ety. Employees State Insurance Corporation Diploma is an essential qualification for (ESIC) appointment of Safety Off ic ers in factories. Regular in-serv ice training of Fac tory Inspectors 2.11 The ESIC is responsible for is another important activity of the Organization. implementation of the Employees State Insurance Act 1948, w hich provides f or medical Labour Bureau care and treatment to Insured Persons and their families. Assis tance is given in terms of benefits 2.8 The Labour Bureau w ith its headquarters at during sickness and maternity, compensation for Chandigarh and Shimla, is responsible for employment related injury, pension for collection, compilation and publication of labour dependents on the death of w orkers due to statistics and other information relating to labour employment related injury, etc. such as employment and unemployment, w ages, earnings, industrial relations, w orking conditions Employees Provident Fund Organization etc. It also compiles and publishes the Consumer (EPFO) Price Index Numbers for industrial and agricultural / rural w orkers. 2.12 This Organisation is responsible f or administration of the Employees Provident Funds SUBORDINATE OFFICES and Miscellaneous Prov isions A ct, 1952. The Sc hemes f or Provident Fund, Family Pension Directorate General of Mines Safety (DGMS) and Deposit Linked Ins urance are implemented by the Organisation for the benefit of w orkers 2.9 This Office is entrusted w ith enforcement covered under the scheme. The Organisation is of provisions of the Mines Act, 1952 and the Rules also respons ible for adminis tration of Employees and Regulations framed thereunder. The Pens ion Sc heme, 1995 that came into existence prov isions of the Indian Electricity A ct, 1910 as on 16.11.1995. applicable to mines and oil fields are also enforced by it. V.V. Giri National Labour Institute (VVGNLI)

Welfare Commissioners 2.13 The V.V. Giri National Labour Institute, Noida (Uttar Pradesh) is a registered society, 2.10 The seventeen (17) offices of Welfare w hich c onducts action oriented research and Commiss ioners are respons ible f or providing prov ides training to grass-root level w orkers in w elfare services to the w orkers employed in mica, the trade union movement, both in urban and rural limestone and dolomite, iron ore, manganes e, & areas and als o to Off icers dealing w ith indus trial chrome ore mines and in the beedi and cinema relations, personnel management, labour w elfare industries. These offices are located at New Delhi etc. (Headquarter) A llahabad, Ahmedabad, Ajmer, Bangalore, Bhubaneswar, Chandigarh, Dattopant Thengadi National Board for Cannanore, Dehradun, Hyderabad, Jabalpur, Workers Education and Development Kolkata, Nagpur, Patna, Ranchi (Jharkhand), (erstw hile CBWE) Raipur and Tiruneiv eli. 2.14 The Board w ith its headquarters at Nagpur

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is a registered s ociety dealing w ith schemes for 2.17 As per clause 16 of the JCM Scheme, training of w orkers on trade unionis m and in Compulsory Arbitration is limited to disputes on bringing about consciousnes s among w orkers Pay and Allow ances, Weekly Hours of Work and about their rights, duties and responsibilities. The Leav e of a c lass or grade of employ ees. As per Board also undertakes programme for rural clauses 18 & 19 of the JCM Scheme for w orkers education and functional adult education. Arbitration, if so desired by either side, a dispute on an arbitrable matter is referred to the Board of ADJUDICATING BODY Arbitration (BOA), only after it has been considered by the National Council or appropriate Central Government Industrial Tribunals- Departmental Council, as the case may be, and cum-Labour Courts (CGITs) a final disagreement betw een the tw o sides has been recorded in the matter. 2.15 Twenty tw o Central Government Industrial Tribunal (CGIT)-cum-Labour Courts Main Subjects dealt in the Ministry of Labour hav e been set up under the provisions of the and Employment Industrial Disputes Act, 1947 f or adjudication of indus trial disputes in organizations for w hic h the 2.18 In pursuance of the pow ers derived Central Government is the appropriate from the respectiv e entries in the Union List and Government. Through Financ e Act,2017, the the Concurrent List of Seventh Schedule of the powers to settle the Appeals arising out of Constitution, the Ministry of Labour and EPF&MP A ct,1952 hav e also been entrusted Employment has been alloc ated the follow ing upon to thes e Tribunals. Thes e Tribunals are items of w ork: - located at Dhanbad (Jharkhand), Mumbai, New Delhi and Chandigarh (tw o courts each) and one 2.19 Labour policy (including w age policy) each at Kolkata, Jabalpur, Kanpur, Nagpur, and legis lation, s afety, health and w elfare of Lucknow, Bangalore, Jaipur, Chennai, labour, Soc ial Sec urity of labour, policy relating Hyderabad, Bhubanesw ar, Ahmedabad, to s pecial target group such as w omen labour, Ernakulam, Asans ol and Guw ahati. Further, the child labour, Industrial relations and enforc ement tw o Industrial Tribunals at Mumbai (No.1) and of labour law s in the central sphere, adjudication Kolkata als o function as National Tribunals. of industrial disputes through Central Government Indus trial Tribunals -c um-Labour Courts and ARBITRATION BODY National Industrial Tribunals, Workers Education, Labour and Employment Statis tics, Employ ment Board of Arbitration, Joint Consultative Serv ices and vocational training, Administration Machinery (JCM) Scheme of Central Labour & Employment Services, International Cooperation in Labour & 2.16 In 1966, the Government of India had Employment matters. introduced a Scheme for Joint Consultative Machinery (JCM) and Compulsory Arbitration for Centr al Labour Service (CLS) Central Government Employ ees f or resolving unresolved differences betw een the Government, 2.20 The Central Labour Service (CLS) w as rd as an employ er, and the general body of its constituted on 3 February 1987 to ensure better employees in certain matters of common industrial relations, labour law enforcement and conc ern. labour w elf are. Consequent upon the Cadre Review, the Central Labour Servic e (CLS) w as notified as an organized service in the year 2004.

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2.21 The factories and mines employing 500 2.24 Consequent upon the 2nd Cadre Review or more w orkers and plantations employing 300 of the Central Labour Service (CLS) in 2014, the or more workers are required to appoint a pres ent Cadre strength of the Servic e in various prescribed number of w elfare officers under the grades w as restructured and revised viz. 01 post relevant statutes. Assistant Labour Welfare in HAG, 02 posts in SAG, 59 posts in JAG, 115 Commis sioners (Central) and Deputy Labour posts in STS and 163 posts in JTS Grade. Welfare Commissioners (Central) discharge statutory functions and they also advise and assist PARLIAMENT UNIT: the management of the concerned establishments in maintaining harmonious 2.25 Parliament Unit is the Nodal Unit f or industrial relations in the areas of safety, health Parliament related matters. The main functions and welfare of workers etc. Moreover, by of this Unit are as under:- assisting in resolution of w orkers’ grievances,  To receive all notices on Starred/Un- thes e offic ers prevent them from escalating into starred Parliament Questions as w ell industrial disputes. as Special Mention/Resolution/ Short 2.22 In addition, officers appointed as Duration Discussion etc. from Lok Assistant Labour Commissioners (Central), Sabha / Rajya Sabha Question Regional Labour Commiss ioners (C), Deputy Branches and to forward to all Chief Labour Commissioners (C) and Additional conc erned Section in the Ministry for Chief Labour Commis sioner(c) in the Central neces sary action. Industrial Relations Machinery (CIRM), headed  To coordinate w ith the concerned by the Chief Labour Commissioner (C) are also Sections /Divis ions of the Ministry to entrusted w ith the task of maintaining harmonious provide information related to Indus trial relations in the Central sphere. The Legislative Business before every officers under CIRM are responsible for Sess ion of Parliament. enforcement of all applicable labour law s in the central Sphere es tablishments/ industries. They  To forw ard information in respect of also w ork as a quasi-judicial authority under the matters of Urgent Public Importance Minimum Wages Act, the Pay ment of Wages Act, rais ed in the House under Rule 377 in Payment of Gratuity Act and Conciliation Off icer Lok Sabha and by w ay of Special under Indus trial Disputes Act, 1947. In addition, Mention in Rajy a Sabha during Zero thes e offic ers also conduct general v erification Hour to respective House of of Central Trade Union Organisation and also Parliament. Trade Unions unit level membership verification under Code of Discipline.  To coordinate w ith the concerned Sections /Divis ions of the Ministry to 2.23 The officers of CLS appointed as provide information related to As sistant Welfare Commiss ioner (C), Deputy Parliament Standing Committee Welfare Commissioner (C) and Welfare Meetings. Commissioner in the Welf are Organisation of the Ministry of Labour and Employ ment under the  To conduct meetings of the Director General (Labour Welfare) look after the Cons ultative Committee attac hed to various Labour Welfare schemes f or beedi, Cine this Ministry as per the convenience of and certain categories of non-coal mine w orkers. Hon’ble Labour & Employment Minis ter.

24 Annual Report 2018-19

In Year 2018 (till 30th Nov ember) tw o formulation of Schemes and important meetings w ere held on the follow ing expenditure proposals from the initial subjects: stages;

(i) EPS-95 (held on 05.01.2018 at  To closely associate w ith the evaluation Parliament House Annex e, New of progress and performance of Delhi) projects/schemes and ensure that results of such evaluation s tudies are (ii) Welf are of Unorganised Workers taken into consideration while (held on 28.06.2018 at Tirupati, formulating budget; Andhra Pradesh)  To examine & scrutinize SFC/EFC FINANCE WING proposals received from various Wings of the Minis try. Integrated Finance Division  Interf ace both Minis try of Finance & 2.26 The Secretary (M/o Labour & Ministry of Labour & Employment. Employment) is the Chief Accounting Authority Budget & Accounts Section of the Ministry of Labour & Employment and disc harges his/her duties w ith the assistanc e of 2.29 B&A Section is an integral part of Ministry Additional Secretary & Financial Adviser(AS & FA) of Labour & Employment and plays a v ital role in and Chief Controller of Acc ounts(CCA). AS & FA the smooth implementation of schemes of MoLE. is the Head of Budget and Finance and CCA is This Section is headed by Additional Secretary & the Head of the Accounting Organization in the Financial Adviser (AS&FA) in the Ministry and CCA/ Ministry of Labour & Employment. US(budget) assists the Financial Advisor in all the matter related to the Section. 2.27 Integrated Finance Division is headed by A S & FA in the Ministry. DS (F) assists the 2.30 Func tions & Duties of the B&A Sec tion Financial Advisor on all matters relating to are given below :- tendering financial adv ice.  To ensure that the schedule for 2.28 As provided in Appendix 2 of DFPRs, preparation of budget is adhered to by IFD, headed by AS&FA, carries out the follow ing the Minis try and Budget is draw n up functions:- according to the ins tructions is sued by

 To advise the Administrative Ministry on Finance Ministry f rom time to time. all matters f alling w ithin the pow ers  To examine thoroughly the annual delegated to the Ministry by the M/o budget proposals received from various Financ e. Divisions /Section of this Ministry f or  To screen all ex penditure proposals, placing the s ame before AS&FA f or except those coming w ithin the finalizing the Ministry ’s annual demand delegated pow ers, that are required to for grants in consultation w ith Bureau be referred to the Finance Ministry for Heads concerned before forwarding the concurrence or comments; same to the Ministry of Finance f or cons idering the annual demand for  To closely associate with the grants.

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 Preparation of Detailed Demand f or is also sent by Lok Sabha Secretariat Grants based on the final ceiling for submitting A ction Taken Report. conveyed by the Ministry of Finance and Accordingly, the Section compiles also comply the instructions regarding Ac tion Taken Report on the Report allocation of budget for SCSPs, STs containing the rec ommendations of and North Eastern Region. Parliamentary Standing Committee. Lay ing of the Action Taken Report in  To w atch and review the progres s of both the Houses of the Parliament expenditure against sanctioned grants w ithin the six months of submitting the through holding of regular meeting ATR to Lok Sabha Secretariat. being chaired by AS&FA, w herein, it is sensitized to maintain the even pace  To f orw ard/upload the updated status of expenditure so that it conforms to of implementation of Budget the Monthly Expenditure Projection and Announcements to Ministry of Finance. Quarterly Expenditure Projection approved by Parliament.  Liasioning w ith Autonomous Bodies, Attached & Subordinate of fic es f or  To screen the proposals received from various budget related matte Divisions /Section of this Ministry f or supplementary demand for grants and  AS&FA is review ing quarterly and forw ard the propos al to Ministry of annual expenditure progress of this Finance for Parliamentary approval. Ministry.

 To s creen re-appropriation proposals  AS&FA provides secretariat services to before forwarding the same to the Standing A udit Committee headed by Ministry of Finance for approval. Secretary (L&E) for w hich AS&FA is the nodal officer.  To monitor settlement of audit objections , Inspection Reports, draft Official Language audit paras, etc . and to ens ure prompt action on Audit Reports and Progressive use of Hindi Appropriation Accounts. 2.31 The Ministry of Labour & Employ ment has made efforts to promote the use of Hindi in  Compilation of documents /material viz., Notes on Schemes, Output-Outcome official w ork and create interest among officers / Framework, etc. for submitting the staf f to w ork in Hindi during the year 2018-19. same, along w ith a presentation on Steps w ere taken to ensure compliance of the Demand for Grants, to Lok Sabha prov isions of the Official Language A ct / Rules Secretariat in connection with and orders / instructions/ guidelines issued by Parliamentary Standing Committee’s the Department of Offic ial Language from time meeting on “Demand for Grants” held to time. Hindi Division of the Minis try is entrusted in Parliament Hous e Annex e on yearly w ith the tas k of implementation of the Offic ial basis. A full-fledged Report based on Language Policy of the Government of India and the discus sion held and the information translation of important documents such as prov ided in the af oresaid documents, papers to be plac ed before the Parliament, Labour Law s , Hon’ble Labour & Employ ment

26 Annual Report 2018-19

Minister’s Speeches, Press release etc. and other Language Implementation Committee is routine w ork of the Ministry. 40th Hindi Salahkar organised regularly is the Minis try w here is Samiti w hich w as headed by the Hon’ble Minister detailed evaluation is done of the Quarterly report w as organised is Thirupati, A ndhra prades h on received from the sections/divisions of the 18.06.2018. minis try and dependency upon the know ledge of Hindi and training received the officials/ 2.32 Hindi Fortnight w as observed during 04- employees under the ministry are send from 17, September, 2018 to promote the use of training ac cordingly. Of ficials w ho has acquired Hindi in the Ministry. On this occasion, eight Hindi proficiency in Hindi and have w orking know ledge related competitions w ere conduc ted to promote are motivated to do most of their w ork in Hindi the use of Hindi among the off icials. A large and w orkshop are also conducted under number of Off icials of the Ministry participated in spec ialised school. these competitions and the winners of the competition w ere given cash aw ards and Implementation of Direct Benefit Transfer certificates. (DBT)

2.33 Efforts are being made to update DBT Ce ll bilingual Website of the Ministry. Officers attached w ith the Rajbhasha Wing also conduct inspections 2.35 The follow ing 13 Schemes [11 Cash regarding the Hindi w ork from time to time. Trans fer, 01 in-kind transf er and 01 Aadhaar Enabled Service] of the Ministry of Labour & 2.34 The documents under Section 3(3) of Employment are covered under the DBT the Official Language Act, 1963 w ere issued both Program during 2018-19 in Hindi and English. The Meetings of the Official

Sl. Name of the Scheme Number of Amount Given to No. Beneficiaries the Beneficiaries during 2017-18 during 2017-18 [In Rs.] Cash Transfer Schemes 1 Financial Assistance for Education for the Wards 1,29,158 20,79,49,280.00 of Beedi, Cine, IOMC, LSDM Workers 2 Scholarship under Aam Aadmi Bima Yojana 0 0.00 (AABY ) [converged w ith PMJJBY & PMSBY] 3 Revised Integrated Housing Scheme (RIHS) - 11,899 44,01,85,000.00 2016 for Beedi, IOMC, LSDM, Cine Workers 4 Stipend to Children in Special Sc hools under 54,181 6,41,39,035.00 National Child Labour Project (NCLP) 5 Stipend to Trainees under the Scheme of Welfare 4,300 2,43,96,322.00 of SC / ST Job-Seekers through Coaching, Guidance & Vocational Training (CGC)

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6 Stipend to Differently Abled Candidates under the 100 5,63,297.00 Scheme of Vocational Rehabilitation Centres for Handicapped (VRCs) 7 Grants to Dattopant Thengdi National Board for 2,54,718 4,77,58,216.00 Workers’ Education & Development (DTNBWED) 8 Family Pens ion-cum-Life A ssuranc e & Deposit 22,043 16,10,71,780.00 Linked Insurance Schemes for the Plantation Workers in A ssam 9 Rehabilitation Assistance under the Scheme of 6,413 6,64,50,000.00 Rehabilitation of Bonded Labour (Reimbursed to State Gov ernments) 10 Employ ees Pensions Scheme (EPS) 4,50,12,882 5111.18 Crore (Given to EPFO) 11 Pradhan Mantri Rojgar Protsahan Yojana (PMRPY) 47,67,635 5,02,73,27,125.00 In-Kind Transfer Scheme 12 Grants to V.V. Giri National Labour Institute (VVGNLI) 1,739 NA Aadhaar Enabled Ser vice 13 National Career Service (NCS) 40,94,713 NA

ACTION TAKEN ON CITIZENS’ / CLIENT’S mission, serv ices / transactions rendered by the CHARTER (CCC) Ministry along w ith res pons ible persons , their contact details , serv ice s tandards. Separately, RFD Ce ll contact details of Grievance Redress al Off icer and inf ormation w ith referenc e to Attac hed / 2.36 The Citizens’ / Clients ’ Charter (CCC) of Subordinate Offic es / Autonomous Bodies of the the Ministry of Labour & Employment has been Ministry along w ith contact details and address last updated in A pril, 2019 on the basis of the of their w ebsites have been incorporated in the guidelines of the Department of Adminis trative Charter. Reforms & Public Grievances (DAR&PG) and the Perf ormance Management Div ision (PMD), 2.38 A n Inf ormation Facilitation Centre has Cabinet Sec retariat and in cons ultation w ith the been set up in the Minis try w ith Internet and stakeholders of the Ministry. The charter has been Telephone Facility, w hich is rendering all put on the w ebsite of the Ministry for easy access nec essary as sistance to the Public by making by public and s ufficient copies have been kept in av ailable information on various activities and the Information Facilitation Centre of the Ministry schemes of the Ministry and its Organizations. for use by visitors.

2.37 The Citizens’ / Clients’ Charter (CCC) contains information w ith respect to vision,

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Action Taken Notes on PAC and C&AG Audit Paras

No. of Paras / PA Details of the Paras / PA Reports S. Report No. & Reports on which ATNs on w hich ATNs are pending No. Year have been submitted after vetting by Audit No. of ATNs No. of ATNs No. of ATNs not sent by sent but w hich have the Ministry returned w ith been f inally even f or the observ ations vetted by Audit first time and audit is but have not aw aiting their been submitted re-submission by the Ministry by the Ministry to PAC by the Ministry.

1 CAG Report No. 4 One Para(Para No.14.1) 1 1 0 of 2018 – Short realisation of Adminis trative Charge (EPFO) 2 Report No.115 on Seven(6, 13, 18, 23, 28, 0 0 0 the Action Taken 33 & 38) submitted by the Government on the recommendations of the Committee contained in their Sixty Seventh Report on “Performanc e of Employ ees State Ins urance Corporation and Spec ial Audit of ESIC.

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CHAPTER-3 INDUSTRIAL RELATIONS CENTRAL INDUSTRIAL RELATIONS MACHINERY (CIRM)

BRIEF REPORT ON ACTIVITIES OF CHIEF vii. Other Miscellaneous functions, LABOUR COMMISSIONER (CENTRAL) ORGANISATION 3.3 Prevention and Settlement of Indus trial Disputes 3.1 Chief Labour Commissioner (Central) Organisation, also know n as Central Industrial The CIRM ensures harmonious Industrial Relations Machinery (CIRM) is an attached of fice Relations in the c entral sphere establishments of the Ministry of Labour & Employment. The through: - CIRM is headed by the Chief Labour Commissioner (Central). It has been entrusted o Monitoring of Industrial Relations in w ith the task of maintaining harmonious Industrial Central Sphere, Relations , Enforcement of Labour Law s and o Intervention, mediation and conciliation Verification of CTUOs (Central Trade Union in Industrial Dis putes in order to bring Organis ations). CIRM has complement of 33 about settlement of disputes, officers at the Head Quarters and 269 Officers in the field. The offic es of these Officers are o Intervention in s ituations of threatened spread over different parts of the country w ith strikes and lockouts w ith a view to avert zonal, regional and unit level f ormations. the strikes and lockouts,

3.2 Functions of the Organisation: o Implementation of s ettlements and aw ards, The functions of CIRM broadly are given as under: o Enf orcement of other prov is ions in Industrial Disputes Act, 1947 relating i. Prevention and Settlement of Industrial to : (1) Works Committee, (2) Recovery Disputes, in Central Sphere, of Dues, (3) Lay Off , (4) Retrenchment, ii. Enforcement of Labour Law s and Rules (5) Unfair Labour Prac tices etc. made there under in central sphere, 3.4 (i) During the year 2018-2019 the CIRM iii. Implementation of aw ards, has intervened in 465 number of threatened strike iv. Quas i-Judicial f unctions, and by their conciliatory efforts succeeded in averting 461 strikes, w hich represent a v. Verification of the membership of the successes rate of 99. 13%. As for industrial CTUOs , disputes handled by the machinery during the year 2017-2018 and A pril 2018 to Marc h, 2019 the vi. Welf are, details is as under: -

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Head 2017-18 April 2018 - e. The Inter-State Migrant Workmen March 2019 (RE&CS) Ac t 1979 and Rules, Industrial Disputes 12450 12427 f. The Child and Adolescent Labour Handled (Prohibition & Regulation) Act, 1986 and Rules, Industrial Disputes 7774 7976 Dis posed of g. The Payment of Gratuity Ac t, 1972 and Rules, Strikes Averted 475 461 h. The Labour Law s (Exemption from BENEFITS TO WORKERS DUE TO Furnis hing returns and Maintaining INTERV ENTION BY CIRM Registers by c ertain Establishments) Act 1988, YEAR 2017-18 April 2018 - March 2019 i. The Building and other Construc tion Workers (RE&CS) Act, 1996 and Numbers of 88,086 1,27,577 Rules. Workers Benef ited j. The Chapter VI-A of Indian Railw ays Act; Amount of Relief to 1,290.63 1323 Hours of Employ ment Regulations for the above w orkers Railw ays Employees, (In Crore) k. The Industrial Employment (Standing Number of w orkers 542 2693 Orders) Ac t, 1946 & Rules, Regularised / Re-ins tated l. The Maternity Benefit Act, 1961 & Mines and Circus Rules, 1963 & Rules and ENFORCEMENT OF LABOUR LAWS: m. The Payment of Bonus Act, 1965. 3.5 Another important function of CIRM is enforcement of Labour Laws in the 3.6 There are approximately 1.92 lacs establishments for w hic h Central Gov ernment is establishments in the Central Sphere. The the Appropriate Government. The machinery Inspecting Officers of CIRM inspect these enf orces follow ing Labour Law s and Rules establishments under different labour framed there under: enactments through routine Inspec tions and Spec ial Drives for Inspections under the c rash a. The Payment of Wages A ct 1936 & inspection programmes and taskforce rules made thereunder for Mines, inspections to secure benefits of the beneficial Railways, Air Transport Services & legislations to w orkers. To ensure transparency Docks, Wharves and Jetties, and accountability in the system, all the inspections are conducted through w eb enabled b. The Minimum Wages Ac t 1948 and Shram Suvidha Portal. The inspection reports are Rules, uploaded on the Shram Suvidha Portal w ithin 48 c. The Contract Labour (Regulation & hours, so as to enable employ ers to make good Abolition) Act, 1970 and Rules, the irregularities and deficienc ies noticed during inspections. Special emphasis is given to d. The Equal Remuneration Ac t 1976 & enforcement of beneficial enactments suc h as Rules,

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The Contract Labour (Regulation & Abolition) Act, During the year 2018-2019 (Apr to March.2019), 1970, The Minimum Wages Act, 1948 and The 2755 aw ards w ere received (including brought Building and Other Construction Workers forw ard). Out of these 946 w ere implemented, (Regulation of Employment & Conditions of implementation of 1073 Aw ards are stayed by Service) Act, 1996 in the un-organised Hon’ble High Courts & implementation of 512 Sector. Prosecutions are launched against Aw ards are under process. How ever, 224 number persistent def aulters and in respect of major of prosecution cases hav e been filed before the violations . Details for the y ear 2017-2018 and Hon’ble Courts. 2018-19 (A pril to March, 2019) are given as under:- 3.8 Dif ficulties in implementing the aw ards are ex perienced as employers obtain s tay orders STATEMENT SHOWING NO. OF from Hon’ble High Courts on implementation. INSPECTIONS AND RELATED INFORMTION Pros ecution propos al is submitted to the Ministry UNDER VARIOUS LABOUR LAWS FOR THE for sanction under Cr.PC 197. YEAR 2017-2018 AND 2018-2019 (APRIL to MARCH 2019) - STATEMENT SHOWING DETAILS OF AWARDS FOR THE YEAR 2017-2018 AND Head 2017-2018 2018-2019 2018-2019 (APRIL to MARCH, 2019) (April to March, Head 2017-2018 2018-2019 2019) (April to March, Inspection Conducted 38,336 36,470 2019) No. of irregularities 2,37,629 2,10,697 Aw ards Received 2898 2755 detected during the year No. of irregularities 1,06,129 1,13,119 Aw ards Implemented 947 946 rectified Stay ed by Courts 1092 1073 No. of prosecution 6,333 6613 cases filed Pros ecution filed in - 224 Courts No. of convictions 4,326 2433 secured Under proc ess 859 512

* Number of convictions means obtained plus acquittal QUASI JUDICIAL FUNCTIONS:

IM PLEMENTATION OF AWARDS: 3.9 The CIRM of ficers from the level of LEO(C) up to the level of CLC (C) als o perform certain 3.7 The off ic ers of CIRM implement Aw ards Quas i-Judicial Functions as show n below : issued by Central Government Industrial Tribunal- cum-Labour Courts (CGITs). During the year CLC(C):- Director General (Inspections) under 2017-2018, 2898 awards w ere received The Building and Other Construc tion Workers (including brought forw ard). Out of these 947 (Regulation of Employment & Conditions of w ere implemented, implementation of 1092 Service) Act, 1996 but pow er has been delegated Aw ards w ere stayed by Hon’ble High Courts & to a DyCLC(C) at headquarters; Appellate implementation of 859 Aw ards are under process. Authority under The Industrial Employment

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(Standing Orders) Act, 1946, Conciliation Off icer The Equal Remuneration Act, 1976; Registering under The Indus trial Dis putes Ac t, 1947 for and Licensing Officer under The Contract Labour interv ening in the dis putes as per occ as ion (Regulation and Abolition) Act, 1970, Conciliation arises. Officer under the Industrial Disputes Act, 1947; Inter-State Migrant Workmen A ct, 1979 and Addl.CLC(C):- Conciliation Of fic er under The Building and Other Construction Workers Ac t, Indus trial Disputes Act, 1947. Appellate Authority 1996. Supervis or under RA ILWAY SERVANTS under The Industrial Employment (Standing (HOURS OF WORK A ND PERIOD OF REST) Orders) Act, 1946. He is an officer of senior level RULES 2005. of CIRM to assist CLC (C) in all his functioning. LEO (C) :- Notified as Ins pector under various Dy. CLC(C):- Appellate Authority under The Labour Law s and Conciliation Officer under the Industrial Employ ment (Standing Orders) Ac t, Industrial Disputes Act, 1947 in some places. 1946, The Payment of Gratuity Act, 1972, The Building and Other Construction Workers 3.10 The claim c ases decided by thes e officers (Regulation of Employment and Conditions of under some of the above enactments / rules are Servic e) Act, 1996, Inter-State Migrant Workmen given in the table below : - (Regulation of Employment and Conditions of Service) Act, 1979 and appellate authority to deal Disposal of claim cases under w ith appeals u/s 7 and 12 of The Contract Labour MW, PW and PG Act (Regulation and Abolition) Ac t, 1970; A uthority Head 2017-18 Apr 2018- under Rule 25 (2) (v) (a) and (b) of The Contract Mar 2019 Labour (Regulation and Abolition), Rules 1971; Conc iliation Offic er under the Industrial Disputes Claim cases received 18,370 19,937 Act, 1947; Claims c ases decided 7,877 8,006

RLC (C):- Authority under The Minimum Wages Amount aw arded 132.01 215 Cr. Act, 1948, The Payment of Wages Act, 1936; The (In Crore) Payment of Gratuity Ac t, 1972 and The Equal Claims pending 11,558 11,931 Remuneration Act, 1976. Certifying Offic er under The Industrial Employment (Standing Orders) Act, Amount of relief provided during the cours e of 1946 and A ppellate Authority under RA ILWAY inspections other than claim is Rs. 17.94 Crore. SERVANTS (HOURS OF WORK AND PERIOD OF REST) RULES, 2005 Conciliation Officer COURT CASES:- under the Industrial Disputes Act, 1947, notified as Registering and Licensing Officer under The Head Supreme High Court Contract Labour (Regulation and Abolition) Act, Court and other 1970 and Inter-State Migrant Workmen (RE &CS) Courts Act, 1979; Registering Of ficer under The Building Receiv ed 101 2,790 and Other Construction Workers (Regulation of Employ ment and Conditions of Service) Ac t, Dispos ed off 10 325 1996. Pending up to 91 2,465 31stDec ember 2018 ALC(C):- Controlling Authority under The Payment of Gratuity Act, 1972; Authority under

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ANNUAL RETURNS:- of Trade Unions affiliated to Central Unions has been initiated in the month of November, 2012 by Year 2016 2017 2018 inviting claims of Central Trade Union Number of 1,83,442 Organisations as per the directives of the Ministry Establis hments of Labour & Employment. Till date 10 meetings (latest) of the Standing Committee on General Verification have been held under the Chairmanship of Chief Number of online 10,478 20,287 23,417 Labour Commissioner(C) and the follow ing Annual Returns issues have been decided for the fresh Receiv ed verific ation:- Number of off line 1,561 5 -  Date of reckoning as 31.12.2011 Annual Returns Receiv ed  Proc edure for General Verification Number of online 85,243 7,305 - Show Cause  Criteria f or granting s tatus of Central Notice iss ued Trade Union Organisation. As per the revised procedure approved by the Number of off line 9,733 34,784 - Standing Committee on Verification, Show Cause only those Trade Union Organisation Notice w hose affiliates have at least a combined v erif ied membership of 8 General Verification of membership of Trade Lakh and unions registered in at least Unions affiliated to Central Trade Union 8 states and membership presenc e in Organisation (CTUO). at least 8 industries would be recognized by the Government of India 3.11 General verif ic ation of membership of as Central Trade Union Organisations. Trade Union aff iliated to Central Trade Union Organisations (CTUO) is an important exercise  A Notification w as issued on 01.11.2012 w hich is undertaken by the of fic e of CLC(C) through an advertisement in all Organisation which is accomplished on the important national daily new s paper directions of Ministry of Labour & Employment. inviting interested Central Trade Unions The purpose of General Verification is to to file their membership claims for determine the representative character of verification latest by 31.01.2013. The CTUO’s to represent in the various National and date of filing claims w as extended up International Councils, Committees, to 31.03.2013 as per the decision taken Conferences, etc. by the standing committee in its 6th meeting held on 21.12.2012. The 3.12 The last three General Verifications w ere notice of time extension was also conducted w ith the date of reckoning 31.12.1980, published in National Dailies on 31.12.1989 and 31.12.2002 and the results of the 16.01.2013. Verifications w ere published by the Ministry of Labour & Employment in January, 1985,  Total 15 claims w ere f iled by CTUOs December, 1996 and January, 2008 respectively. out of w hich four c laims w ere dropped by Standing Committee in its 3.13 The process of fresh General Verification

34 Annual Report 2018-19

7th meeting held on 21.06.2013 after on the ILO conference and committees due c onsideration. Claims rec eived as w ell as tripartite bodies. from the 11 CTUOs w ere s ent to the field offices for conducting f irst phase  The date reckoning for General of general verification w hich is Verification of Employer’s Organisation underw ay. w ill be 31st March 2018.

 As per decision taken by the Standing  Procedure of fixing the criteria for Committee in its 7thmeeting the date for General Verification of Employer’s raising objec tions by the CTOUs has Organisation is under proces s. In this been fixed as 15.11.2013. regard, two meetings of Standing Committee have been organised on  In the meantime, the Office of CLC(C) 17.05.2018 & 04.10.2018. imparted special training on General Verification to all RLCs, ALCs and Staff Verification of membership of Trade unions of the Regions on 5th & 6th December, operating in an establishm ent to identify 2016 at VV Giri, NLI, Noida. majority union under Code of Discipline.

 1st Phase of General Verif ication has 3.14 The verification of membership of been completed in the month of July, unions operating in es tablis hment in central 2016 and the direction for starting 2nd sphere is conducted by Chief Labour phas e of verification has been is sued Commissioner (Central)’s office under Code of by CLC (C) in the month of Augus t, Discipline for the purpose of granting recognition 2016. 1st part of 2nd phase i.e. physical as and w hen direc ted by the Ministry of Labour verification has been almost and Employ ment. completed. 3.15 In the y ear 2018-19 (01.04.2018 to  As per the direction of Hon’ble High 31.03.2019) the verific ation of members hip of Court, Delhi vide judgment dated unions operating in 14 establishments was 28.01.2015 in the c ase filed by NFITU conduc ted through s ecret ballot elec tion. The (DHN) against Union of India, the c laim establishments are: of NFITU has also been included as 12th CTUO in the proc ess of General 1. M/s IOCL, (A OD), Digboi Verification. 2. M/s Elec tronic Corporation of India Ltd., Representation of Employers’ Organisations (ECIL), Hyderabad in Tr ipartite Bodies 3. Corporate Office NA LCO, Bhubanesw ar, Odis ha  Ministry of Labour and Employment on the request of various Employers’ 4. M/s Oil & Natural Gas Corporation Ltd., Organisation/Federation agreed to Western Of fshore Unit (WOU) conduc t General Verification of their membership on the s imilar lines of 5. M/s BBMB,BSL Project, Sundernagar (HP) CTUOs to rec ognis e them as Central Employers’ Organisation for the 6. M/s Haldia Refinery, IOCL, West Bengal purpose of giving proper representation

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7. M/s Hindustan Aeronautic s Limited, Engine THE R.T.I. ACT, 2005 Division, Sunabeda, Dist. Koraput, Odisha 3.18 CLC(C) Organisation is dealing w ith all the 8. M/s Hindustan Insecticides Ltd. (HIL), RTI applications at a nodal point as w ell as at Bathinda regional level. There are 36 nos. of CPIOs and 21 nos. of First Appellate Authorities designated to 9. M/s Kerala Minerals and Metals Ltd., deal w ith RTI applic ations / appeals rec eiv ed Chav ara, cochin online as w ell as off line. At nodal point, Nodal Officer has dealt w ith 808 RTI applic ations and 10. Captive Pow er Plant, Banarpal, Angul, 142 nos . of appeals. How ever, details of RTI Odis ha of M/s NALCO Ltd. applications dealt during prev ious years and current year is as below :- 11. M/s Konkan Railw ay Corporation Ltd., Mumbai Year Online Offline Total 12. M/s ONGC, Assam As set & Arakan Basin 2016-17 314 576 890

13. M/s SAIL, Salem Steel Plant 2017-18 282 554 836 2018-19 658 374 1032 14. Central Warehous ing Corporation (CWC) PUBLIC GRIEVANCE:- Statutory verification of Membership of Unions operating in Nationalize d Banks 3.19 During the Year 2018-2019 a total number of 15650 (11336 online and 4314 offline) public 3.16. The Ministry of Finance, Department of grievances w ere received and a total number of Financ ial Services has revised the procedure for 15155 (11050 online and 4105 of fline) public conducting verification of membership strength grievances have been disposed of, w hich of various unions of w orkmen operating in accounts for 96.83 % of disposal. Nationalis ed Banks for determining the majority status to identify Representative union and for the Statement show ing : Online\ Offline Grievances purpose of nominating a Workmen/Employee as Statues Direc tor, on the Board of Direc tor of Banks vide its notif ic ation dated 19.11.2008. As per this Period Griev BF Recei Tota l Dispo Pe nd notification the verification of membership of trade ance ved sed off ing unions is to be c onducted through c hec k off 2017-18 678 11255 11933 11613 320 system by the designated officers at the level of General Manager nominated by Chairman or 2018-19 Managing Director of Bank. An appeal lies against (Apr-

the report of the Designated Officer before the March, online 320 11016 11336 11050 286 Appellate Authority. 2019

2017-18 163 3888 4051 3944 107 3.17 Appellate Authority for the above purpos e is the Central Government or the Deputy 2018-19 Chief Labour Commissioner(C), Ministry of (Apr- offline Labour & Employment, Government of India. No March, 107 4207 4314 4105 209 appeal has been received in the period (2018- 2019 2019).

36 Annual Report 2018-19

Bes ides, during the period from 01.04.2018 to 10. Imparting training to the Off icers of ‘Central 31.03.2019 the organisation has dealt 693 Labour Service’. Griev ances rec eived on Social Media through FB and Twitter and all w ere disposed off. WELFARE & TRAINING:-

M ISCELLANEOUS FUNCTIONS:- WELFARE

3.20 The CIRM performs the following 3.21 The ALWCs and DLWCs are pos ted in misc ellaneous func tions also: Def enc e and other es tablishments s uch as CPWD, Security Presses, Mints, Ordnance 1. Conduc ting periodic meetings of Minimum Factories, Telecom Factories , Hospitals , etc ., Wages Advisory Board and notifying Variable which are under the control of Central Dearness Allow ance every six months as per Government. The LWCs are posted at the Head A.I.C.P.I. number. Quarters of these establishments. These officers ens ure harmonious Industrial Relations in their 2. Defending Ministry of Labour & Employ ment respective establishments. They also look after in various Writ Petitions filed against Ministry the w elfare and redress al of grievances of the in different High Courts. w orkers, administration of Welfare Schemes and advise the managements on various Labour 3. Investigations of Complaints as per direction Matters including constitution of bilateral of the Ministry of Labour & Employment. committees such as Shop Councils, Works Committees etc. 4. Assisting Central Advisory Contract Labour Board as conveners of different sub- TRAINING:- committees to examine prohibition of contract Labour in different employments. 3.22 In house training on regular basis to the officers of Central Labour Service (CLS) posted 5. Assisting Ministry in preparation of dif ferent in three s treams i.e. 1. Central Industrial Relation reports required to be submitted to Machinery (CIRM)/Chief Labour Commiss ioner International Labour Organisation. Organisation: 2. Director General Labour Welfare Organisation and 3. As Welfare Officers under 6. Supplying information to Ministry in replying The Factories Act in the Industrial Establishments Parliament Question on s tatutes enforced under the control of Central Government. Under by CLC(C) organisation. a plan scheme titled “Improvement and 7. Advising Ministry of Labour & Employ ment Strengthening of Training Wing Labour Offic ers”. in Conflict situations like strikes of All India The objective of the scheme is to provide trainings Nature and other labour matters. to the CLC officers & LEO(C) w ith a view to enhance their skills & know ledge in various areas 8. Attending to Parliamentary Committees and of their functioning for effective discharge of their other important delegations as per adv ice duties. A c ommittee w as constituted w ith the of the Minis try. approval of secretary, Ministry of Labour & Employment on “Training Need Analys is” and on 9. Keeping Liais on w ith State Gov ernment the basis of its recommendations; trainings w ere Labour Departments for collection of provided to the officers at the selected specialized information as per direc tion of Minis try. Ins titutes.

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MAJOR INDUSTRIAL RELATIONS EVENTS CLC (C)/Addl. CLC(C) s eized the matter into DURING 1st JANUARY, 2018 TO MARCH 2019 conc iliation on 28.05.2018 and appealed to the IN WHICH CIRM PLAYED IMPORTANT ROLE: unions not to go on proposed strike. The repres entatives of IBA & Deptt. of Financial 3.23 AIR TRANSPORT Services w ere advised to hold an urgent bilateral discussion to resolve the issue of w age increase i. Indian Airports Kamgar Union and other matters related to service conditions. Accordingly, sinc e no discussion could be held, General Secretary, Indian Airports Kamgar Union, henc e, the UFBU decided to proceed on strike New Delhi had served notice to the Chairman, on 30th & 31st May 2018 and approximately 82% Airports Authority of India proposing to go on strike absenteeism w as reported throughout the from 1.8.2018 to press their demands i.e. country. payment of PPL to the w orkers for the year 2016- 17, recruitment against the v acant entry level (ii) Pragathi Krishna Grameena Bank posts in AAI etc. Naukarara Okkota

ALC(C)-I, New Delhi has intervened and seized General Sec retary, Pragathi Krishna Grameena the matter into c onciliation and the strike w as Bank Naukarara Okkota served a notice to the averted. Chairman, Pragathi Kris hna Grameena Bank, Bellary proposing to go on strike on ii. Aviation Karamchari Sanghatana 16.07.2018 and onw ards to press their various The President, Aviation Karamchari Sanghatana demands. had served the notice to the CMD, Paw an Hans Dy. CLC(C) Bangalore intervened and seized the Ltd., Noida proposing to go on “Mass Hunger matter into conciliation and the strike w as averted Strike” on 29.10.2018 to express their grievances like to start negotiation on C.O.D., Pay ment of (iii) Bengal Provincial Banks’ Contract Allow ances to members etc. Employees’ Association

ALC(C)-I Mumbai, interv ened in the matter and General Secretary, Bengal Prov incial Banks ’ held conciliation proceedings on 23.10.2018 and Contract Employees’ Association, Kolkata to the after protracted and deliberate discuss ion the MD & CEO, Karur Vaysya Bank Ltd. had union called off the proposed Mass Hunger proposed to go on s trike in all ATMs in West strike. Bengal on 30.07.2018 on the issues of termination of 73 Nos. of w orkers deployed in 3.24 BANKS ATMs counters sc attered in West Bengal. (i) United For um of Bank Unions (UFBU) How ever, the mater w as s eized into conciliation A strike notice dated 10.05.2018 w as served by by A LC(C)-I, Kolkata and on his pers uasion the Conv ener, United Forum of Bank Unions(UFBU) union did not resort to proposed strike on proposing to go on strike on 30th & 31st May 2018 30.07.2018. to press their demands i.e. expeditious and early (iv) All India IDBI Officers’ Association w ages revision settlement, adequate increase in salary, improvement in other s ervice conditions General Secretary, All India IDBI Officers’ and w age revision settlement to include all Association had served a notice to the MD & CEO, officers up to Scale VII

38 Annual Report 2018-19

IDBI Bank, Mumbai proposing to go on tw o day the matter w as seized into conciliation and nationw ide strike on 9th & 10th August 2018 to the strike call w as w ithdraw n. pres s their various demands i.e. i. Govt. should keep its assurance to the parliament and (iv) Janta Mazdoor Sangh implement c lause 4 of the artic les of Association A strike notice dated 7.6.2018 w as served by of IDBI Bank by maintaining minimum 51% of Janta Mazdoor Sangh to the General Manager, equity in IDBI Bank, ii. Stop privatization of IDBI Bastacolla Area, Bharat Coking Coal Ltd. Bank and iii. Take stringent measures to rec over proposing to go on strike on 25th , 26th & 27th bad loans. June 2018 to pres s their demands.

ALC(C)-III, Mumbai intervened and seized the matter Dy. CLC(C) Dhanbad intervened in the matter and into conciliation on 2.8.2018 and after prolonged held joint discussion on 22.6.2018 after w hich the discussion, union agreed to defer the strike. strike w as deferred.

3.25 COAL/NON-COAL M INES (v) Orissa Coalfields Workers Union

(i) The all India NMDC w orker Federation and Working Pres ident, Orissa Coalfields Workers its affiliated Unions of NMDC Ltd w orking Union served a notice to the MD, Vikash submitted Charter of demands for revision Facilitators Pvt. Ltd. and CMD, Mahanadi Coal of w ages and allied matters. The CLC(C), Field Ltd. proposing to go on strike from 1st New Delhi interv ene and held conciliation September 2018 to press their 10 point charter proc eeding on 6.2.2019 after prolonged of demands like MCL Management should disc ussion and persuas ion a memorandum regularize all the contractor w orkers, to implement of Settlement w as s igned on 6.2.2019, the clause of All India Settlement held betw een benefitted around 3800 w orkmen to the tune the MCL and All India Coal Workers Federation, of Rs. 61 Crore per annum. to introduce CMPF and ESI Scheme for contract w orkers etc. (ii) For Unions operating in the Hindustan Zinc Ltd. Submitted Charter of demand for w age RLC(C) Bhubanesw ar intervened in the matter revision the Dy.CLC(C), Ajmer intervene and and held conc iliation proceedings. The strike w as held conciliation proceeding and averted. memorandum of settlement w as signed on 3.26 Cement Industry 31.5.2018 w hich benefited 8145 w orkmen. The benefits in terms of money w ill be appx. The five Federations operating in Cement 20,000/- per w orker/ per month amounting to Industries submitted Charter of demands for w age 130 Crore per annum for a period of 5 years. rev is ion the Chief Labour Commiss ioner (C) intervene and held conc iliation proc eedings on (iii) Notice of s trike dated 14.03.2018 had been 20.2.2019, an All India Wage Settlement w as served by the representatives of Coal signed by Cement Manufactures As sociation & Federation affiliated to BMS, A ITUC, HMS & Federation of Unions of 21 Cement Industries CITU to the Chairman, Coal India after protracted c onciliation before Chief Labour Ltd. propos ing to go on strike on 16th A pril Commiss ioner (Central). The Settlement w ould 2018 to oppose the c ommencement of cover 60% appx. 20,000 w orkmen, w ho shall be Commercial Coal Mining . benefitted by w age enhancement of 28% i.e appx. 5000/ PM f or period of 4 years. After the intervention of Dy. CLC(C) Kolkata,

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FOOD CORPORATION OF INDIA Ltd. proposing to go on strike on 14.09.2018 to press f or their demands i.e. Implementation of 3.27 Food Corporation of India pay as per IDA Rules/ DPE guidelines w.e.f. 28.2.2015, Delay in 7th round of w age negotiation General Secretary, Bhartiya Khadya Nigam settlement etc. Karamchari Sangh proposed to go on tw o days country-w ide token strike on 12th & 13th June Dy. CLC(C) Bangalore intervened in the matter 2018 in protes t of delay in starting of Wage and held c onciliation proceedings and the union Negotiation for Cat. III & IV w.e.f. 1.1.2017. deferred the proposed strike.

Dy. CLC(C) New Delhi interv ene in the matter (ii) ONGC Karam chari Sangathana after w hich the strike w as deferred. General Sec retary, General Secretary, ONGC 3.28 MISCELLANEOUS Karamchari Sanghtana, Mumbai served notic e to the CMD, ONGC, New Delhi proposing to go on Akhil Bhartiya Safai Mazdoor Congress an indefinite strike on 4.09.2018 to press for their demands like compensatory of to the offshore National Secretary, Akhil Bhartiya Safai Maz door going employ ees and granting of ov ertime to Congress had served a strike notic e proposing non-executives . to go on an s trike on or after any day of 06.06.2018 to pres s their demands like illegal ALC(C) Mumbai intervened in the matter and terminations, pay ment of w eekly rests, pay ment conciliation proceedings w ere held on 31.8.2018 of bonus skilled w ages, additional rec ruitment of after w hich the strike w as averted. w ork superv isors etc. 3.30 PORT & DOCK ALC (C) Hyderabad intervened and seized the matter into conciliation. Consequently the strike Notices of strike w ere s erved by various Port w as deferred. Federations/ Unions proposing to call on strike on 28th May 2018 and also after 30th May 2018 3.29 OIL INDUSTRY to press their demands i.e. w ages negotiation, MPA Bill 2016 and recognition of trade union etc. The Gujarat Refinery Kamgar Sangh w orking in the Indian Oil Corp. Ltd , Gujarat Refinery Addl. CLC(C) interv ened and held conciliation vadodara submitted Charter of demands relating meeting on 22.05.2018 w ith the representatives to revision of allow ances and facilities the Unions. of the Management of IPA and Federations / Due to conciliatory efforts of the RLC(C), Unions . Af ter disc ussion f urther meeting w as Vadodara, memorandum of settlements w as fixed w ith the Secretary, Ministry of Shipping signed on 26.2.2019 w hich benefited 1396 on18.6.2018. The Federations unanimously w orkmen to the tune of Rs. 24 Lakhs per month decided to defer the proposed strikes. and arrears of Rs. Approx.. 4.15 Cr. w.e.f 1st Oc tober, 2017. (i) Vishakhapatnam Dock Labour Board and Dock Worke r’s Union (i) OMPL All Employees Union (R) Notice dated 1.10.2018 w as served by General General Secretary, OMPL All Employees Union Secretary, Vishakhapatnam Dock Labour Board (R), had served notice to the Chief Executive and Dock Workers’ Union to the management of Of fic er, M/s ONGC Mangalore Petroc hemicals

40 Annual Report 2018-19

Vishakhapatnam Steamship A gents Association, Karamchari Sangh, Faridabad to the Director, Vishakhapatnam proposed to go on an indefinite NTPC Ltd. proposing to go on an indefinite strike from any day after 20.10.2018 to press their strike from 4.9.2018 to press for their demands charter of demands. like implementation of w age rev ision etc.

Due to intervention by the RLC(C) Hyderabad the Dy. CLC(C) Chandigarh informed that A LC(C) union deferred the proposed strike. Karnal intervened in the matter and held conc iliation proc eedings and the union agreed to 3.31 POST & TELEGRAPH defer the strike.

(i) All India Postal Employees Union-GDS (ii) BHEL Cante en Wor kers Union

The General Secretary All India Postal Employees General Secretary, BHEL Canteen Workers Union Union- GDS has served a notic e proposing to go had s erved a notic e to the General Manager, on an indefinite strike from 22.5.2018 to press BHEL proposing to go on strike on 24.10.2018 to their demands i.e. (i) immediate implementation pres s their demands. of all pos itive recommendations of Kamalesh Chandra Committee for Gramin Dak Sevaks and The ALC(C)-I, Chennai intervened and seized the (ii) immediate completion of membership matter into conciliation and the union averted the verification proc ess in Gramin Dak Sevak Cadre. proposed strike.

RLC(C) New Delhi intervened and seized the 3.33 RAILWAY matter into c onc iliation but the union w ent on strike. (1) BMRCL Employees Union(R)

(ii) Bhartiya Extra Departmental Employees General Secretary, Bangalore Metro Rail Union Corporation Ltd. (BMRCL) Employ ees Union served a notice dated 7.3.2018 to the MD, General Secretary, Bhartiya Extra Departmental BMRCL, Bangalore proposing to go on an Employees Union has served a strike notic e to indefinite strike on and from 22.3.2018 to press the Secretary, Departmental of Posts proposing their demands. to go on an indef inite s trike from 14.5.2018 on the issue of implementation of Kamlesh Chandar Dy. CLC(C) Bangalore intervened in the matter GD Committee report. and held conciliation proceedings on 16.3.2018 & 19.03.2018. On his pers uasion, the union ALC(C)-II New Delhi intervened in the matter and deferred the indef inite s trike by one month after held c onciliation proc eedings on 11.5.2018. the BMRCL management submitted before the How ever the strike took place. Hon’ble High Court of Karnataka that they are ready to hold bilateral talks w ith the union to 3.32 POWER deliberate on their demands.

(i) NTPC Mazdoor Sangh ii. KRC Employees Union

A joint notice w as served by the General President, KRC Employ ees Union, Mumbai had Secretaries, NTPC Mazdoor Sangh, Dadari, serv ed notice to the Chairman and MD, Konkan NTPC Employees Union, Badarpur & NTPC Railw ay Corporation Ltd., Mumbai proposing to

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go on an indefinite strike from 16.8.2018 to press 3.34 VISION STATEMENT OF CLC’s (C) their demands i.e. cancel illegal administrative ORGANISATION transfers of TSM/s of Karwar region, non- Vision 2030: implementation of the decision of pos t-retirement medical facilities to KRCL employees and their I. Maintaining harmonious industrial families etc. relations by timely and meaningful conciliation of industrial dis putes and ALC(C)-II, Mumbai intervened in the matter and settlement of grievanc es. held conciliation proceedings on 10.8.2018 and the union agreed to def er the propos ed strike. II. Securing full compliance of Labour Law s by continuous tracking of default and violations and timely corrective action.

Seven Year Strategy Thr ee Year Action Plan 1. Disposal of Indus trial Disputes in 1. Disposal of Industrial Disputes in conc iliation in conciliation in 30 days by i. 40 days byi. Continuous engagement w ith employers Continuous engagement w ith employers & & Trade unions.ii. Trade unions .ii. Strengthening grievanc e handling Strengthening grievance handling machinery machinery at establishment level. at establishment level. 2. Securing f ull compliance in r/o 2. Securing f ull compliance in r/o 10 Labour Law s byi. 10 Labour Law s byi. Real time tracking of default and Continuous tracking of default and violations violations through IT-enabled s ystems.ii. through field lev el intelligence and IT-enabled Taking corrective action w ithin 2-3 days. sy stems.ii. Taking corrective action w ithin 7 days. 3. Disposal of claim applications under 3. Disposal of claim applications under MW Act, MW Act, PW Act, and ER A ct w ithin PW Ac t, and ER Act w ithin 3 months by i. 2 months byi. On-line filling of claims.ii. On-line filling of claims.ii. Disposal on the basis of on-line records. Disposal on the basis of available records. 4. Pass ing of order under Payment of 4. Pass ing of order under Payment of Gratuity Gratuity Act w ithin 2 months byi. Act w ithin 3 months byi. On-line filling of claims.ii. On-line filling of claims.ii. Disposal on the basis of on-line records. Disposal on the basis of available records. 5. Disposal of appeals under Payment of 5. Disposal of appeals under Payment of Gratuity Act w ithin 20 days. Gratuity Act w ithin 30 days. 6. Issue of Registration/License under 6. Issue of Registration/License under CL(R&A) Act, CL(R&A) Act, BOCW A ct and ISMW BOCW Act and ISMW Act w ithin 5 days. Act w ithin 3 days. 7. Disposal of appeals under CL(R&A) Act, 7. Disposal of appeals under CL(R&A) Act, BOCW Act and ISMW Act w ithin 15 days. BOCW Act and ISMW Act w ithin 30 days.

42 Annual Report 2018-19

Technology Initiative for Seamless handling w orkers, unorganized way of handling, of Industrial Disputes: accessibility to information, cost of hiring advoc ates, accountability of the role players and SAMADHAN Portal for Industrial Dispute cons iderable delay in settling the disputes. In the under Section 2-A and 2(k) of Industrial present scenario of digitalization, the Ministry has Disputes Act, 1947. (https:// taken the initiative to develop e-dispute portal samadhan.labour.gov.in/) i.e. SAMADHAN (Software Application for Monitoring and Disposal, Handling of 3.35 The prime responsibility of Ministry of Apprehe nded/ Existing Industrial Disputes) Labour and Employ ment has alw ay s been to for filing disputes by a w orkman in a very simple protect, preserve and uplif t the interest of the and lucid w ay w hich w ould make the filing of w orkers. Industrial w orkers are the most dispute easy. The system is s o devis ed that it marginaliz ed group in any ec onomy and need w ould integrate all the role play ers in the dis pute assistance of government for handling the under one roof i.e. online portal w hic h not only is complexities of law. Out of the plethora of Labour a w orker f riendly but also makes monitoring of Law s handled and implemented/enf orced by the status of disputes transparent, besides Ministry through its v arious off ices , Industrial retrieval of information quic kly. Disputes Act is c onsidered to be most important one as its primary objective is to make provisions for the inv estigation and settlement of industrial disputes w hich are defined under section 2-A and 2(k) of the Industrial Disputes Act, 1947.

3.36 The Act provides for dealing of the disputes by w ay of mediation by the Conciliation Of ficer of the A ppropriate Gov ernment. The Conciliation Officer endeavors to make a settlement and in c ase of failure he sends a report on failure of conciliation (FOC report) w ith their observations substantiating ref erence and 3.39 SAMADHA N portal w as launched on non-ref erence. 6.02.2019 and is currently operative on pilot basis in thes e 5 regions: Delhi, Rajasthan, Odisha, 3.37 The Ministry, as an appropriate Karnataka and Chhattisgarh. government, administratively examines an industrial dispute to see w hether a dispute exists 3.40 Purpose of SAM ADHAN portal: or not and either makes a reference to the CGIT or declines such reference stating the reason for 1. This online portal is devised to make it non-ref erence. w orkers friendly, easy to understand for filing dispute, transparency in a w ay that status 3.38 How ever, thes e disputes fall under w ill be visible to all stake holders at all times. procedural trap, ignorance and red-tapism w hich take years to get solved. In the process w orkers 2. It w ould introduc e the w orkers to an easy suff er w aiting for the disposal of the cases and w ay of filing their dispute w ith the appropriate sometimes die before seeing the outcome of their Conciliation Officer, uploading of doc uments ef fort to get justice. Lack of know ledge w ith thereby reducing the time taken in filing and

43 Mini stry of Labour & Employment

compiling documents for the industrial 9. Being an integrated portal, the w orkers, dis putes. Conc iliation Offic ers, CGIT and Government w ill have access to the documents for 3. The provision of the concept of draft before analy sis. submission w ould enable the w orker to f ile/ upload document as per his conv enience 10. Will facilitate officers handling the dis pute before final submiss ion. and make dispute redress al faster by doing aw ay w ith red-tapism. 4. Proc essing of the dispute is made easy. 11. Increas e aw areness of w orkers about their 5. Cons olidated doc uments can now directly rights. go to CGIT in case of reference to CGIT, thus saving cons iderable time of communication. 12. Bunch of document uploaded can be utilized from time to time by the concerned officers 3.41 Objective- The Advantage of the and doing aw ay w ith mis sing and repeated SAMADHAN portal is to submission of document.

1. Encourage trans parenc y w hich ensures 13. The portal used by w orkers, Conciliation justice and trust by w orkers on the Officers/A ppropriate Government and CGIT governance of the Government. w ill c omplement the f unctioning of each other which w ould reduce the gap in 2. Ensures Quick disposal of disputes. communic ation.

3. Ensures monitoring of progress of disputes. 14. It w ould giv e bird’s eye view of the status of cases files, disposed of, pending, 4. Process made simple and lucid for the implemented, including statistics and thus w orkers to understand. w ill strengthen the monitoring sys tem. 5. Aggriev ed w orker can handle his ow n case Monitoring of Industrial Relations independently by himself w ithout taking assistance of any middle man or trade union. 3.42 Based on the information received from Labour Bureau on the number and spatial 6. Cases falling under Section 2-A can directly dispersion of strikes/lockouts, number of w orkers be referred to CGIT after lapse of 45 days involv ed and mandays los t, number of units before Conciliation officer w hich w ould reporting retrenchment and the extent of lay offs, reduce the time taken in manual application the Minis try monitors the indus trial harmony for redressal. prev alent in the country. 7. System w ould enable automatic distribution 3.43 The total number of strikes and of disputes to the conc erned Conciliation lockouts and manday s los t during the period Offic ers. 2013-2019(P) are as follow s: 8. This w ould be an indic ator of success ful No. of Strikes and Loc kouts and Mandays lost conc iliation and make assess ment easy. during 2013-2019 (P)

44 Annual Report 2018-19

Year strikes lockouts total Man-days 2017(P) 22 2740 lost 2018(P) 5 344 2013 103 155 258 12645371 2019(P) ** ** 2014 119 168 287 11095370 (Jan. & Feb.) 2015(P) 112 29 141 4014559 Source: Labour Bureau, Shimla 2016(P) 104 26 130 4619868 (P): Provisional 2017(P) 100 24 124 4396815 **: Not available

2018(P) 78 13 91 1740150 3.48 Financial Stringenc y, shortage of raw 2019(P) 36 6 42 640976 material, question of pollution and others are the main reasons for c losures during the period. Source: Labour Bureau, Shimla (P): Provisional Lay-Off

3.44 The s patial/industry w is e dispersion of 3.49 Lay-off can be defined as the failure, the number of strikes and loc kouts and the refusal or inability of an employer to give w orkers consequently af fected is not unif orm. employment to a w orkman w hose name is borne Mandays lost is a direc t meas ure of the impact on the muster rolls of his industrial establis hment of industrial unrest on indus trial production. and w ho has not been retrenched. Supply side bottlenecks such as shortage of pow er, shortage 3.45 Most of the industrial unrest, as of raw materials, financial s tringenc y and others indicated by strikes and lockouts, are primarily as w ell as seasonal fall in demand for products caused by issues relating to indiscipline & may result in lay-offs. violenc e, w ages & allow anc es and personnel matters. During 2017, w ages & allow ance has 3.50 The number of units effecting lay -off been the major causal factor for indus trial unrest. and the number of w orkers aff ected due to such lay-off during 2013-2019(P) w ere as follow s: Closure 3.51 Layof fs and w orkers af fected during 3.46 The number of units effecting closure 2013 - 2019(P) (both in Central and State spheres) in both Central and State sphere during the last five years are as follow s: Year Lay-offs Workers affected 2013 59 7226 3.47 Closures and w orkers affected (both in Central and State spheres) during 2013-2019 (P) 2014 21 2515 2015(P) 51 3654 Year Closures Workers affected 2016(P) 29 4200 2013 95 4476 2017(P) 38 6449 2014 34 4726 2018(P) 20 3556 2015(P) 21 1496 2019(P) 12 2646 (Jan&Feb) 2016(P) 26 2079

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Source: Labour Bureau, Shimla Source: Labour Bureau, Shimla (P): Provisional figures (P): Provisional figures

Retrenchment Industrial Tripartite Committees

3.52 A s per the prov is ions c ontained in 3.54 Industrial Tripartite Committees (ITCs) Chapter V-B of the Industrial Disputes Act, 1947, have been constituted w ith the view to promote establishments employing 100 pers ons or more the spirit of tripartis m. These tripartite bodies are required to s eek prior permis sion of the prov ide a forum w here the soc ial partners can appropriate Government in the prescribed appreciate each other’s industry specific application form before effecting closure, problems through dialogue and help in evolving retrenchment or lay-off. In the Minis try of Labour consensual policy options . Thes e Committees & Employment, applications are received for such are non-statutory Committees and their meetings closures / retrenchments / lay-offs from are convened as and when required. establishment falling in the Central sphere. These Government’s proactive role in these applications are examined and a hearing is held Committees has success fully harmonized the in order to provide an opportunity to both the interest of the employers and w orkers resulting management and the workers to make in a change of attitude f rom confrontation to that submissions on issues pertaining to the proposed of co-operation. action of the management. Bas ed on the oral and w ritten submissions made by the parties, and The Trade Unions Act, 1926. cons idering the reasonableness / genuineness of the management’s applic ation, a decision to 3.55 The Trade Unions Act, 1926 is a Central Act, but administered by the State Governments, grant / not grant permission for closure, retrenchment or lay-off is taken. Whenever This Act prov ides for registration of Trade Unions permission is granted, it is ensured that w orkers’ of w orkers and in c ertain respects, it deûnes the interests are protected as far as possible. law relating to registered Trade Unions.

3.53 The number of units effecting 3.56 The Trade Unions A ct, 1926 w as last retrenchment and w orkers retrenched therein amended vide the Trade Unions (Amendment) during the period 2013-2019(P) are as follow s: Ac t, 2001 and enf orc ed w.e.f. 9.1.2002. The Objective of these amendments is to ensure Table : Retrenchment and w orkers af fected (both orderly grow th of Trade Unions and reduce in Central and State spheres) multiplicity of T rade Unions and promote internal democ rac y. Year Retrenchment Workers affected 3.57 The proposal to amend the Trade Unions Act, 1926 to make provisions for 2013 22 1297 Recognition of Trade Unions is under 2014 14 1798 cons ideration in the Minis try. 2015(P) 12 533 The Industrial Disputes Act. 1947. 2016(P) 5 3654 2017(P) 3 86 3.58 The Industrial Disputes Act, 1947 2018(P) 5 70 prov ides f or inv es tigation and Settlement of industrial disputes. The main objectiv es of the Act

46 Annual Report 2018-19

are: promotion of meas ures f or sec uring and créc hes w ithin the plantation premises. The Act preserving amity and good relations betw een the contains important provisions related to health, employer and w orkmen; investigation and w elfare, hours of w ork, rest intervals, prohibition settlement of industrial disputes between on employment of Children etc. employers and employers, employers and w orkmen 0r w orkmen and w orkmen, prevention 3.62 Keeping in view the c hanging social, of illegal strikes and loc k—outs; relief to w orkmen economic and indus trial relations scenario in the in the matter of lay—of f and retrenc hment; and country, the Government amended the collective bargaining. Plantations Labour Act, 1951 w hich w as enforced w.e.f. 7.6.2010. The objectives of these 3.59 Keeping in view the c hanging social, amendments are to make the Act more w elfare economic and industrial relations scenario in the oriented for the w orkers in the plantations sector. country, the Government amended the industrial Dis putes Ac t, 1947 enforced w.e.f . 15.9.2010 3.63 Proposals to further amend the enhancing the w age ceiling of supervisors, Plantations Labour Act, 1951 are under prov iding direct access for the w orkman to the consideration of Ministry of Labour & Labour Court or Tribunal and establishing of Employ ment. Grievance Redressal Machinery. The Industrial Employment (Standing Orders] 3.60 Government has amended the First Act, 1946 Schedule to the Industrial Disputes Ac t, 1947 by inserting item 32 as “Services in Bank Note Paper 3.64 The Indus trial Employ ment [Standing Mill India Private Ltd., Mysore, Karnataka” vide Orders) Ac t 1946 is an Act enacted to require employers in the industrial establishments notiûcation No.S.O.251(E) dated 25.1.2017 and by inserting the w ords “or distribution” in item 29 formally to deûne w ith sufûc ient precision the as “Processing or production or distribution of conditions of employment under them and to fuel gases (coal gas, natural gas and the like)” make the said conditions of employment know n vide notif ication No.1955(E) dated 20.6.2017. to w orkmen employed by them for w hich they have to get the Standing Orders certiûed w hich The Plantations Labour Act, 1951 should be in conf ormity w ith the Model Standing Order. This Act applies to every industrial 3.61 The Plantations Labour Act, 1951 is a es tablishment w herein one hundred or more Central Act but administered by the State w orkmen are employed, or w ere employed on any Governments. The Act provides for the w elfare day of the preceding tw elve months viz. (i) of plantation labour and it regulates the conditions industrial establishments as deûned in Section of w ork in plantations . This Legislation is applied 2(ii) of the Pay ment of Wages Ac t, 1936; (ii) to all tea, coffee, rubber, cinchona and cardamom Section 2(m) of the Factories Act, 1948; (iii) plantations w hic h measures 5 hectares or more Railw ays; (iv) establishment of a person w ho, for in w hich 15 or more persons are w orking. The the purpose of fulûlling a contract w ith the ow ner State Governments are also vested w ith pow ers of any industrial establishment, employs to extend all or any of the provisions of the Act to w orkmen. Appropriate Government is competent any plantation notw ithstanding it measures less to extend the Act to other Clas ses of industrial than 5 hectares or the number of persons es tablis hments or to grant ex emption w here employed therein is less than 15. The Act c overs neces sary. Of ûces, hos pitals , dispensaries, schools and

47 Mini stry of Labour & Employment

3.65 Ministry of Labour and Employment has (vi) Automobiles including accessories and incorporated the category of ‘Fixed Term spare parts Employment Workman’ under the Industrial Employment (Standing Orders) Ac t, 1946 and (vii) Surgical equipments, artiûcial Rules made thereunder for all sectors Vide pros thesis and diagnos tics Notiûcation No.G.S.R.235(E) dated 16.3.2018. (viii) Electronics, computers including The Sales Promotion Employees (Conditions accessories and spares of Service) Act, 1976. (ix) Electric al appliances 3.66 The Sales Promotion Employees (Conditions of Serv ice) Act, 1976 is a Central Act (x) Paints and varnishes Whic h came into f orce w.e.f. 6.3.1976. The main 3.67 The Ac t s tipulates that provis ion of purpose of the Act is to regulate certain conditions Workmen’s Compensation Act, 1923, the of service of sales promotion employees in Industrial Disputes Act, 1947, the Minimum certain es tablishments. Initially this A ct w as Wages Act, 1948, the Maternity Beneût Act, 1961, applicable only to the s ales promotion employees the Payment 01' Bonus Act, 1965, the Pay ment engaged in pharmaceutic al industry. Thereafter of Gratuity A ct, 1972 may apply to the sales the s chedule of the Ac t has been amended and promotion employees. the A ct w as made applicable to additional 10 Industries Vide Notiûcation No.S.O.217(E) dated 3.68 Central Government is empow ered to 31.1.2011 w hich are as under: make rules under the Act.

(i) Cosmetics, soaps, household 3.69 A meeting of the Indus trial Tripartite cleaners and disinfectants, Committee f or Sales Promotion Employees w as held on 8.8.2017 under the c hairmans hip of (ii) Readymade garments Hon’ble Minister of State for Labour & (iii) Soft drink manufac turing industries Employment (IC) w herein it w as decided to frame statutory w orking rules for sales promotion (iv) Bisc uits and conf ectioneries employees. The statutory w orking rules f or sales promotion employees are under cons ideration of (V) A yurv edic , Unani and Homeopathic this Minis try. Medicines

48 Annual Report 2018-19

CHAPTER-4 PRODUCTIVITY

Prime Minister’s Shram Award Scheme Shram Ratna, Shram Bhushan, Shram Vir/Shram Veerangana and Shram Shree/Shram Devi. 4.1 To give recognition to outstanding Shram Aw ards w ere set up by the Government contributions tow ards production and productivity, of India in 1985 to rec ognize the outstanding technological innovations, cos t s aving, import contributions of w orkers in different fields. subs titution, sav ing of foreign exchange and for show ing exemplary zeal and enthus iasm in the 4.2 The cash prize and number of aw ards given discharge of duties, the Ministry of Labour & for each category are indicated in Table 4.1. Employment administers a scheme entitled ‘Prime Minis ter’s Shram Aw ards’ to w orkmen (as 4.3 Besides the cash prize, the aw ardees also def ined in the Indus trial Dis pute Ac t, 1947) receive a “SANAD” from the Prime Minister. The employed in Departmental / Public Sector aw ardees are als o eligible for 75% conces sion Undertakings of the Central and State in s econd class rail f are. Governments and the manufacturing units employing 500 or more w orkers in the priv ate 4.4 The Prime Minister’s Shram Aw ards for the sector in recognition of their performance, Year 2016, 32 in number, have been aw arded to devotion to duty etc. Only those w orkmen are 50 w orkers/Group of w orkers employed in the eligible f or the aw ards, w ho are engaged in Departmental Undertakings & Public Sector manufacturing and productive process es and Undertakings of the Central and State w hose performance is assessable. These Government and Private Sector Units employing aw ards are announc ed every year generally on 500 or more. There w as no aw ardee in the the eve of either Republic Day or Independence category of Shram Ratna during 2016. Day. The aw ards in the order of precedenc e are

Table 4.1

PRIME MINISTER SHRAM AWARDS

The Cash Prize and Number of Aw ards under different categories

S. No Name of Award Number of Awards Cash Prize

1. Shram Ratna 1 Rs. 2,00,000

2. Shram Bhus han 4 Rs. 1,00,000 each

3. Shram Vir/Shram Veerangana 12 Rs. 60,000 each

4. Shram Devi/ Shram Shree 16 Rs. 40,000 each

49 Mini stry of Labour & Employment

CHAPTER-5 WAGES

Introduction fixing the National Minimum Wage” under the Chairmanship of Dr. Anoop Satpathy, Fellow , V. 5.1 In a labour surplus country like India, it is V. Giri National Labour Institute, w ith members, diff icult to have an uniform and comprehensive Mr. Xavier Estupinan, Wages Specialist, ILO DWT wage policy for all sectors of the economy. for South Asia and Country Office for India; Dr. Wages in the organized sector is generally Anup K Karan, Additional Professor, Public Health determined through negotiations and settlements Foundation of India (PHFI); Ms. Anuja Bapat, ISS, betw een the employer and the employees. In the Director(MoLE); Mr. Mushtaque Ahmad Khan, unorganized sector, how ever, labour is vulnerable ISS, Deputy Direc tor(MoLE); Mr. Bikash Kumar to exploitation due to illiteracy and lack of effective Malick, IES, Assis tant Direc tor(MoLE); and Ms. bargaining pow er. The minimum rates of w ages Rachana Bolimera, IES, Assistant are fixed both by Central and State Governments Director(MoLE) w as setup on 12.01.2018. The in the scheduled employments falling w ithin their Committee s ubmitted its report on 14th February, respective jurisdictions under the provisions of 2019 to the Sec retary, Minis try of Labour & the Minimum Wages Act, 1948. The Act binds Employ ment. the employers to pay the w orkers the minimum w ages so f ixed from time to time.

Minimum Wages Act, 1948

5.2 Under the Minimum Wages Act, 1948 both Central and State Governments are “Appropriate Gov ernments” for fix ation/rev ision of minimum rates of w ages for employments covered by the Sc hedule to the Ac t as it may think fit, such interval not exc iding fiv e years. There are 45 5.4 The minimum rates of w ages also inc lude scheduled employments in the Central sphere Special Allow ance i.e. Variable Dearness w hile in the State sphere the number (cumulative) Allow anc e (VDA) linked to Consumer Price Index of s uch employments is as many as 1709. The Number, w hich is revised tw ice a year effec tive government has notified increase in the basic rate from 1st A pril and 1 st October. The Central of minimum w ages for all sectors in the central Government and tw enty-sev en States/UTs have sphere w.e.f. 19.01.2017. For the first time adopted VDA as a component of minimum w age. minimum w ages f or all sec tors; agricultural, non- Both the Central and the State Governments are Agricultural, construction etc. have been revising the minimum w ages in respect of increased by approx 42%. scheduled employments from time to time. Latest 5.3 On the recommendation of Central Advisory revised rates of minimum w ages including VDA Board (CAB) on minimum w ages , an Expert applicable in Central Sphere w. e. f. 01.10.2018 Committee on “Determining the Methodology for is at Table 5.1.

50 Annual Report 2018-19

National Floor Level Minimum Wage Minimum Wages Act, 1948 is not being pursued presently. 5.5 In order to have a unif orm w age struc ture and to reduce the disparity in minimum w ages 5.9 How ever, the bill on “Code on Wages” w as across the country, the concept of National Floor introduced in the Parliament. The rev ised w ages Level Minimum Wage as a non statutory measure w ill be determined as per the bill on “Code on w as mooted on the basis of the recommendations Wages” after the approv al of Parliament. of the National Commiss ion on Rural Labour (NCRL) in 1991. On the basis of increase in the Enforcement of the Minimum Wages Act, 1948 Cons umer Price Index, the Central Government has f ixed the National Floor Lev el Minimum 5.10 The Government is committed to enhance Wages from Rs. 160/- to Rs.176/- per day w ith the w elfare and w ell being of farm labour and effect from 01.06.2017. w orkers particularly thos e in the unorganized s ec tor and to ens ure the implementation of Central Advisory Board (CAB) Minimum Wage enac tments . The enf orc ement of the Minimum Wages Act, 1948 is ensured at 5.6 The Central Government has re-c onstituted tw o levels. Minimum Wages under Central sphere the Central Advisory Board (CAB) vide Notification are enforced through Central Indus trial Relations No. S.O. 898 (E) dated 27th February, 2019 under Machinery (CIRM). The pos ition in respect of Section 8 of the Minimum Wages Act, 1948. The cases of enforcement by CIRM for the Year 2018- present Chairman of this board is Shri Pankaj 19 is provided in Table 5.2. In the State Sphere, Chow dhary. the State Enforcement Machinery ensures enf orcement of the Minimum Wages A ct. The Minimum Wages Advisory Board (MWAB) position of enforcement of this Act in different States/UTs during 2016-17 is show n in Table 5.3. 5.7 The Central Government has re-c onstituted the Minimum Wages Adv isory Board (MWA B) The Payment of Wages Act, 1936 vide Notific ation No. S.O. 527 (E) dated 29t h January,2019 under Section 7 of the Minimum 5.11 The Pay ment of Wages A c t, 1936 w as Wages Act, 1948. The Chairman of this Board is enacted to regulate payment of w ages to workers Hon’ble Minister of Labour & Employment. employed in industries and to ensure a speedy and ef fectiv e remedy to them against illegal Status of Amendments to the Minimum Wages deductions and/or unjus tified delay caused in Act, 1948 paying w ages in c urrent coin or currency notes or by cheque or c rediting in the bank account of 5.8 Department of Legal Affairs has advised that the w orkers. since the omission of Sec tion 2(g) of the Minimum Wages Act, 1948 i.e. definition of “ scheduled 5.12 The Payment of Wages (Amendment) Act, employment” is evolved in the Minimum Wages 2017:- Section 6 of the Payment of Wages Act, Act, 1948 as w ell as in the Payment of Bonus 1936 has been amended on 16.02.2017 to enable (Amendment) Act, 2015 and the latter has been making payment of w ages in c urrent coin or challenged in various High Courts. Department currency notes or by cheque or by crediting in of Legal Affairs has opined to w ait till vacation of the bank account of the w orkers. The amendment stay and disposal of the Writ Petitions. made also enables that the appropriate Accordingly as per the advice of Ministry of Law Gov ernment may, by notific ation in the Offic ial & Justice, the proposal for amendment of the Gazette, specify the industrial or other

51 Mini stry of Labour & Employment

establishment, the employer of w hich shall pay to time in line w ith the accepted policy of the to every person employed in s uch industrial or Ministry of Labour. The Wage Boards are tripartite other establishment, the w ages only by cheque in character in w hich representatives of w orkers, or by crediting the w ages in the bank account. employers and independent members partic ipate and finalize the recommendations. A t pres ent, 5.13 Prov ision f or making of payment only there is provision for only tw o Wage Boards, one by c heque or by c rediting in the bank account of for the Working Journalis ts and the other for the an employee, in res pect of industrial or other Non-Journalist new spaper employees w hich are establishments namely Railw ays, Air transport in operation as statutory Wage Boards. All other serv ic es, Mines and Oil f ields in the Central Wage Boards have ceased to ex ist. Sphere has been notified on 26.04.2017. 5.17 In 2002, the second National 5.14 The w age ceiling for applicability of the Commission on Labour (NCL) in its report had Payment of Wages A ct, 1936, w as f ixed at Rs. recommended that at present there is no need 1600/- p.m. in 1982. This w age ceiling has been for any Wage Board, statutory or otherw ise, for periodically revised on the basis of the Consumer fixing w age rates for w orkers in any industry. Expenditure Survey brought out by the National How ev er, Government dec ided not to accept the Sample Survey Office, after every five years. The recommendation of NCL regarding setting up of Central Government has enhanced the w age the statutory Wage Boards i.e. Wage Boards for ceiling from Rs.18,000/- to Rs. 24, 000/- per Working Journalists and Non-Journalist month w.e.f. 29.08.2017 for applicability of the Act. New spaper Employees under the Working Journalists & other New spaper Employees The Payment of Wages (Nomination) Rules, (Conditions of Service) and Miscellaneous 2009 Prov isions Act, 1955.

5.15 In pursuance of the recommendation Wage Boards for New spaper Employees. of the Spec ial Task Forc e set up by the Ministry of Women and Child Development for providing 5.18 The Working Journalists and other complete equality to w omen vis -a-vis men in New s paper Employees (Conditions of Serv ice) terms of payment of w ages, the Central and Miscellaneous Provisions Act, 1955 provides Government, in exercise of pow ers conferred in for regulation of conditions of service of w orking sub-section (3) of section 26 of the Payment of journalists and other persons employed in Wages Act, 1936, has notif ied the Payment of new s paper establis hments. The Section 9 and Wages (Nomination) Rules, 2009, vide notification 13C of the Act, inter-alia, provide for setting up of th GSR No 822 (E) dated 29 June, 2009 defining Wage Boards f or fixation and revision of rates of the procedure for nomination and restricting the w ages in respect of w orking journalists and non- nomination by w orkers to his /her family members journalist new spaper/new s agenc y employees as f ar as applicable. respectively. According to the Act, Wage Boards shall consist of the follow ing: Wage Board  Three persons representing employers 5.16 In the 1950s and 60s, when the in relation to new spaper establishment; organized labour sector w as at a nascent s tage of its dev elopment, Gov ernment in appreciation  Three persons, representing w orking of the problems of w age fixation in some sectors, journalists for Wage Board under cons tituted need based Wage Boards from time Section 9 and three persons

52 Annual Report 2018-19

representing non-journalist new spaper Justice K. Naray ana Kurup w ho resigned w.e.f. employees for Wage Board under 31.07.2008. Justice Majithia assumed charge on Section 13 C of the Act. 04.03.2009.

 Four independent persons, one of 5.23 The Central Government, in exerc ise w hom shall be a person w ho is or has of pow ers conferred by Section 9 and 13C of the been a Judge of High Court or the Working Journalists and other Newspaper Supreme court, and w ho shall be Employees (Conditions of Service) and appointed by the Gov ernment as the Miscellaneous Provisions Act, 1955 (45 of 1955), Chairman thereof. ex tended the tenure of the Wage Boards f or Working Journalists and Non-Journalist 5.19 The Act does not lay down the New s paper Employees under the Chairmanship periodicity for constituting the Wage Boards. In of Justice Majithia, up to 31.12.2010 s o as to the past, the Wage Boards for these employees finalize the recommendations of the Wage w ere set up in the years 1956, 1963, 1975, 1985, Boards on or before 31.12.2010, vide notification 1994 and 2007. numbers S. O. 1304 (E) and S. O. 1305 (E) dated 02.06.2010. 5.20 The Government constituted tw o Wage Boards – one for Working Journalists and other 5.24 The Wage Boards submitted their f inal for Non-Journalist New spaper Employees under Report to the Government on 31.12.2010. The Section 9 and 13 C respectively under the Cabinet in its meeting held on 25.10.2011 Working Journalists and other Newspaper approved the proposal to accept the Employees (Conditions of Service) & recommendations of the Wage Boards for Miscellaneous Provisions Act, 1955 vide Working Journalists and Non-Journalists notifications in the Gazette of India (Extra Newspaper Employees of Newspaper Ordinary) S.O. Nos. 809 (E) and 810(E) dated Establishments and New s Agencies, as contained 24.5.2007. The Wage Boards w ere given three in this Ministry’s Cabinet Note dated 07.10.2011. years time to submit their reports to the Union Government. The Wage Boards func tioned from 5.25 The rec ommendations of the Majithia their Headquarters at New Delhi. Wage Boards has been accepted by the Government and notified in the Official Gaz ette 5.21 The Government, in consultation w ith vide S. O. No. 2532 (E) dated 11.11.2011. As the the Wage Boards f or Working Journalists and implementation part vests w ith the State non-journalists new spaper employees , notified Government/UTs., copies of notification have the grant of interim rates of w ages to journalists been forw arded to all the State Government/UTs and other new spaper employ ees and new s w ith the request for its implementation. agency employees at the rate of 30% of the basic w age w ith effect from 08.01.2008 vide Notification 5.26 Meanw hile, a Writ Petition No. 246 of numbers S. O. No.2524 (E) and S. O. No. 2525 2011 in the matter of ABP Private Limited Vs. UOI (E) dated 24.10.2008. & Others alongw ith 11 other Writ Petitions by other New spaper employers w ere filed before the 5.22 The Government appointed Justic e G. Hon’ble Supreme Court of India challenging the R. Majithia, retired Judge of High Court of Bombay constitution and recommendations of the Majithia as c ommon Chairman of the tw o Wage Boards, Wage Boards . The Hon’ble Supreme Court vide one for Working Journalists and the other for Non- its Judgement dated 07.02.2014 in the said Writ Journalist New spaper Employees in place of

53 Mini stry of Labour & Employment

Petition No. 246 of 2011 has directed that all the Advisor.The composition of the CLMC was Writ Petitions hav e been dis mis sed and the modified vide this Ministry’s order No.V-24011/1/ w ages as revised / determined shall be pay able 2018-WB dated 15.5.2018. from 11.11.2011 w hen the Government of India notified the recommendations of the Majithia Composition Wage Boards. All the arrears upto March, 2014 shall be paid to all the eligible persons in f our i. Additional Secretary, Ministry of Labour & equal ins tallments w ithin a period of one y ear Employment - Chairm an from 07.02.2014 and the revised w ages f rom ii. Joint Secretary, Ministry of Labour & April, 2014 onw ards. Employ ment - Mem ber 5.27 A s the abov e order of the Hon’ble iii. Joint Secretary, Ministry of Inf ormation & Supreme court was not complied w ith, the Broadcasting - Mem ber Hon’ble Supreme Court in Contempt Petition (C) No. 411/2014 in W. P. (C) No. 246 of 2011, vide iv. Chief Labour Commissioner (Central) - th its order dated 28 April, 2015 has issued Member directions that all the State Governments ac ting through their respective Chief Secretaries shall, v. Director, Ministry of Labour & Employment - w ithin four w eeks from 28/4/2015, appoint Member Secretary Inspec tors under Sec tion 17B of the Working Journalists Act, 1955 to determine as to w hether 5.29 The first meeting of the Committee w as the dues and entitlements of all c ategories of held at Hyderabad on 24.09.2012 covering the 7 New spaper Employees including journalists Southern States/ UTs. So far 9 meetings of the under the Majithia Wage Board Aw ard has been Central Level Monitoring Committee (CLMC) have implemented in accordance w ith the terms been held in different regions of India. The last thereof. The Ins pectors appointed by the State meeting of the Committee w as held at New Delhi Government w ill exercise their pow ers as on 09.07.2018 cov ering all States/UTs to review provided under the Ac t and s hall submit their the implementation of the Wage Board Aw ards report to the Court through the Labour in the country. The implementation status is Commiss ioners of each State indic ating the obtained f rom the States / UTs through Quarterly prec ise finding on the issue. This w ill be done Progress Reports . Out of 36 (States + UTs), 27 w ithin a period of three months from the date of (States+ UTs) have constituted Tripartite appointment under Section 17B of the Act. This Committee in order to monitor the s tate lev el w as communicated to the State Governments implementation status. In the last CLMC meeting and Union Territory Administrations for the representatives of States/ UTs w ere directed compliance on 8 th July, 2015. The Hon’ble to gear up the monitoring mechanism at the State Supreme Court has delivered its final judgement Level and to conduct regular inspections. The on 19th June, 2017 w hich can be ac cessed at implementation status of Majithia Wage Board http://w w w.sci.gov.in/supremecourt/2014/23540/ recommendations in the States / UTS as on date 23540_2014_Judgement_ 19-Jun-2017.pdf. are: 24.4% - Fully Implemented, 5.2% - Partially Implemented. Tamil Nadu (98.7%), Rajas than 5.28 In order to monitor the implementation (87.5%), Andhra Pradesh (82.4%), Kerala of the notific ation, a Central Level Monitoring (64.7%) and Chhattisgarh (62.2%) are the leading Committee (CLMC) has been set up under the states in implementing the Majithia Wage Board Chairmanship of Principal Labour & Employ ment recommendations.

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THE PAYMENT OF BONUS ACT, 1965 Table: Revised ceiling as per Bonus Act

5.30 The Payment of Bonus Act, 1965 Sl. Year of Eligibility Calculating prov ides for the payment of bonus to persons No. Amend- limit Ceiling employed in certain establishments , employ ing ment (Rupees (Rupees 20 or more persons, on the basis of profits or on per month) per month) the basis of production or productivity and for 1. 1965 1,600 750 matters connected therew ith. 2. 1985 2,500 1,600 5.31 The minimum bonus of 8.33% is payable by every industry and es tablis hment 3. 1995 3,500 2,500 under the Section 10 of the Act. The max imum 4. 2007 10,000 3,500 bonus including productiv ity linked bonus that can be paid in any ac counting year shall not ex ceed 5. 2016 21,000 7,000 per 20% of the salary/w age of an employee under (w.e.f. mens em or the the sections 31 A of the Act. 01.04.2014) minimum w age for the scheduled 5.32 Tw o ceilings are available under the employment, as Payment of Bonus Act, 1965. The limit specified fixed by the under Section 2 (13) w hich defines an eligible appropriate employee under the Act, is generally know n as Government, the eligibility limit. Similarly, the limit prescribed w hichever is for calculation of bonus under Section 12 is know n higher. as the calc ulation ceiling. The tw o c eilings are 5.33 As per the Payment of Bonus revis ed to keep pace w ith the price ris e and increase in the s alary s tructure. The revis ions (Amendment) Act, 2015, w hich w as notified in the Gaz ette of India on 1.1.2016 and brought into of the tw o c eilings over the years are as under. operation w ith ef fect from 1.4.2014, various establishments throughout the country have filed the w rit petitions challenging the constitutional validity of the s aid amendment. Minis try has taken a view that all the cases be transferred to Hon’ble Supreme Court under Artic le 139 A of the Cons titution. So far, Ministry has received 149 Writ Petitions filed in v arious High Courts in the country and Minis try hav e filed all the transfer petitions in the Hon’ble Supreme Court.

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CHAPTER-6 SOCIAL SECURITY

6.1 The social security schemes in India cover benefits under the Employees’ State Insurance only a small segment of the organized w ork- Act, 1948 are administered by the Central forc e, w hic h may be defined as w orkers w ho Government through the Employees’ State are having a direct regular employer–employee Insuranc e Corporation (ESIC), w hereas the State relationship w ithin an organiz ation. The soc ial Governments and Union Territory Adminis trations security legislations in India derive their strength are administering medical care alongw ith ESIC and spirit from the Directive Principles of the State under the Employees’ State Insuranc e Act, 1948. Policy as c ontained in the Cons titution of India. The Employees’ Provident Funds and These provide for mandatory social Miscellaneous Provisions Act, 1952 is security benefits either solely at the cost of the administered by the Government of India through employers or on the basis of joint contribution of the Employ ees’ Provident Fund Organisation the employers and the employees. While (EPFO). In mines and circus industry, the protective entitlements accrue to the employees, provisions of the Maternity Benefit Act, 1961 are the responsibilities for compliance largely rest w ith being administered by the Central Government the employ ers. through the Chief Labour Commissioner (Central) and by the State Governments in Social Security Law s factories, plantations and other establishments. The Payment of Gratuity Act, 1972 is administered 6.2 The principal social security law s enacted by the Central Government in establishments for the organised sector in India are: under its control, establishments having branches in more than one State, major ports, mines, oil-  The Employees’ State Insurance Act, fields and railw ay companies and by the State 1948; Governments and Union Territory Adminis trations  The Employees’ Provident Funds & in all other cases . This Act applies to factories Miscellaneous Provisions Act, 1952 and other establishments. (Separate provident fund legislations THE EMPLOYEES’ STATE INSURANCE ACT, exist for workers employed in coal mines 1948 and tea plantations in the state of Assam and for seamen); 6.4 Coverage

 The Employee’s Compensation Act, 1923; The Employees’ State Insurance Act, 1948 applies to f actories employing 10 or more persons. The  The Maternity Be nefit Act, 1961; provisions of the Act are being brought into force  The Payment of Gratuity Act, 1972 area-w ise in stages. The Act contains an enabling provision under w hich the “Appropriate Administration of Social Security Acts Government” is empow ered to extend the 6.3 The provisions of the Employee’s provisions of the Act to other classes of Compensation Act, 1923 are being administered establishments, industrial, commercial ex clusively by the State Governments. Cash agricultural or otherw ise. Under these provisions,

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the State Governments have extended the provisions of the Acts to shops, hotels, restaurants, cinemas including preview theatres, road motor transport undertakings , new spaper establishments, education and medical institutions employing 10 or more employees. Employees of factories and establishments covered under the Act draw ing monthly w ages up-to Rs. 21000/- per month and Rs. 25,000/- per month for persons w ith disabilities are covered under the sc heme. The ESI Scheme is now operated in 36 States/Union Territories. A s on Hon’ble Prime Minister inaugurating ESIC M edical College 31.3.2018, 3.43 crore insured persons and 13.32 and 510 Bedded Hospital at Faridabad (Hary ana) crore beneficiaries are covered under the Funding and ope rating of the ESI Scheme scheme. The number of factories and establishments c overed by the end of the year 6.6 The ESI Scheme is mainly financed by 2018 had gone up to about 10.34 lakhs. contributions from the employers and employees. The rates of the employ er’s and the employ ee’s Administration share of c ontribution are 4.75% and 1.75% 6.5 The ESI Scheme is administered by a respectively. For new ly implemented areas w.e.f. statutory body called the Employees’ State 6.10.2016, the rate of contribution is 4% (1% Insurance Corporation (ESIC), w hich has being employ ee’s share & 3% Employ er’s share) members representing Employ ers, Employees, for the first 24 months. The Corporation has Central and State Governments, Medical prescribed a ceiling on reimbursement of Medical Profession and the Parliament. The Union care Expenditure of State Gov t. At present the Minister for Labour & Employment is the pres cribed c eiling is Rs. 3000/- per Ins ured Chairman. A Standing Committee, c onstituted Pers ons Family Unit per annum. The expenditure from among the members of the Corporation, on medical benefit is shared betw een ESI acts as the executive body for administration of Corporation and State Government in the ratio of the Sc heme and is chaired by the Secretary, 7:1 w ith the ceiling. Subject to certain conditions, Minis try of Labour & Employment. There are 26 creation of State Autonomous Body by the states Regional Boards and 236 Loc al Committees. The under section 58 (5) of ESI Act has been initiated Director General is the Chief Executive Off icer w here additional inc entive of bearing 100% of the Corporation and is also an ex -off ic io ex penditure up to the ceiling is proposed. A ll member of the Corporation as w ell as its Standing capital expenditure on construction of ESI Committee. The Hqrs. of the ESI Corporation is Hospital and other building including their located at New Delhi. The Corporation has 69 maintenance is borne exclusively by the field offices – 24 Regional Off ic es, 40 Sub- Corporation. Regional Offic es, 2 Camp Of fices and 3 Lias ion Investment Offices throughout the Country. Besides, there are 630 Branch Offices 185 Pay Off ices f or 6.7 All contributions received under the ESI Act administration of cash benefits to Insured and all other money belonging to the funds w hich Pers ons. For inspection and coverage of new are not immediately required for defraying day to factories/establishments, 341 Ins pection offices day expenses are invested in the manner also set up across the Country.

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pres cribed under ESI (Central) Rules. As on 31/ Scheme is as follow s:- 10/2018, the total investment of fund was 1. SICKNESS BENEFIT Rs.83,620.04 crore. Out of this, an amount of Rs.14,491.32 crore w as invested in the Special  Sickness Benefit Deposit Acc ount w ith Central Gov ernment and  Enhanced Sicknes s Benefit the balance amount of Rs.69,128.72 crore w as  Extended Sicknes s Benefit inves ted in f ixed deposits w ith public s ector banks. 2. DISABLEMENT BENEFIT

ARREARS OF ESI DUES  Temporary Disablement Benefit 6.8 A sum of Rs.3073.29 crores is in arrears as  Permanent Dis ablement Benef it on 31.3.2018 on account of default by the 3. DEPENDANTS’ BENEFIT employers of covered factories/establishments. Out of this, an amount of Rs.1641.93 crores w as 4. M ATERNITY BENEFIT not recoverable due to v arious reasons, such as 5. M EDICAL BENEFIT factories having gone into liquidation, w hereabouts of employers not know n, dispute in 6. Relief paid to IPs during unemployment courts, etc. The balance amounting to under “ATAL BIMIT VYAKTI KALYAN Rs.1431.36 crores represents recoverable YOJANA” arrears. The Corporation has been taking 7. UNEMPOYMENT ALLOWANCES nec essary recov ery action through Recov ery (RGSKY) Machinery, legal and penal actions under v arious provisions of the Employees’ State Insurance Act, 8. OTHER BENEFIT:- 1948 and under Indian Penal Code for recovery  Confinement Expenses of ESI dues.  Vocational Rehabilitation HEALTH & CASH BENEFITS UNDER ESI  Phy sical Rehabilitation SCHEM E  Skill Upgradation Training under 6.9 Besides medical care, the beneficiaries RGSKY under the ESI Scheme are also provided an array  Funeral Expenses of cash benefits. It is payable in times of physical  Medic al fac ility to Retd. IP and his distress due to sickness, temporary or permanent spouse for Primary & Sec ondary care disablement resulting in loss of earning capacity, (ex cluding SST) w ithin ESI Medical conf inement in res pect of insured w omen etc. Institutions. Dependents of insured pers ons w ho die due to employment injury caused by accident or MEDICAL CARE oc cupational disease are entitled to monthly 6.11 The Scheme provides reasonable payments called the dependants’ benef its. medical facilities f rom primary health care to 6.10 Cash benef its pay ments are made to Super specialty treatment in respect of the the Ins ured Persons and their beneficiaries Insured Persons and their family members. The through direct bank transfer (DBT) by the Branch medical care under the scheme is administered Offices and Pay Offices set up by the Corporation by the State Gov ernments, exc ept in Delhi and in areas w here the Scheme is in operation. The Noida (UP). The Corporation als o directly run 44 list of Cash Benefits provided under the ESI Hospitals as on 31.03.2018 including 5 ODC

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Hospitals in various States as per details given Coverage of Establishments And Members in Table 6.1. 6.14 Presently, the Act is applicable to EMPLOYEES’ PROVIDENT FUND SCHEME industries/classes of establishments specif ied in 1952 Schedule I of the Act or any ac tivity notified by the Central Government in the Official Gaz ette 6.12 The Employees’ Provident Funds and and employing tw enty or more persons. A s on Misc ellaneous Provisions Act, 1952 is a w elfare 31.12.2018, there were 12,03,448 legislation enacted for the purpose of instituting establishments and factories covered under the provident funds , pension fund and deposit linked Ac t having 22.18 c rore acc ounts, both in the insurance fund for employees w orking in factories Exempted and Un-exempted sec tors. With effect and other establishments . The A ct aims at from 01-09-2014, an employee, on joining providing social security and timely monetary employ ment in a covered establishment and as sistanc e to industrial employees and their getting w ages upto Rs.15,000/- is required to families w hen they are in distress and/or unable bec ome a member of the fund. During March, to meet family and s oc ial obligations and to 2019, contribution w as rec eived agains t 4.37 protect them in old age, disablement, early death crore members f rom 5,08,799 es tablishments of bread w inner and similar contingenc ies. covered under the Act. Schemes framed under the EPF & MP Act, Compliance and arrear management 1952 6.15 A special enrolment drive w as launched 6.13 Follow ing three Schemes have been starting January 2017 up to June 2017 to enroll framed under the Act:- and bring lef t out eligible w orkers under the ambit (i) The Employees’ Provident Funds Scheme, of EPFO. The salient features of the enrolment 1952 (EPF) – (w.e.f 1st November, 1952) campaign included non-lev y of administrative c harges on the declarations made, nominal Provident Fund is based on a defined contribution damages @ Rs. 1 p.a only, w aiver of employee sc heme where b oth the empl oyees and the contribution if not deducted in respect of employers contribute their mandated s hare. employees enrolled during the campaign period, (ii) The Employ ees’ Pens ion Sc heme, 1995 Pradhan Mantri Rojgar Protshan Yojana (EPS) (w .e.f 16th Nov ember, 1995) {replacing the (PM RPY)/ Pradhan Mantri Paridhan Rojgar Employees’ Family Pens ion Scheme, 1971} Prostahan Yojana (PMPRPY) benefits available for new w orkers. During the enrolment drive, A mix of “defined contribution” and “defined 1,01,31,453 members (w ith contribution) w ere benefit” forms the Pension Scheme. The enrolled w ith EPFO. empl oyees do not have to contri bute to this sc heme. 6.16 During the year 2017-18, 2,979 prosecution cases were launched against (iii) The Employees’ Deposit Linked Insurance defaulting es tablishments under section 14 of the st Scheme, 1976 (EDLI) (w.e.f . 1 August, 1976) EPF & MP A ct, 1952 and 6,856 cases w ere Insurance Scheme i s a deposit li nked Sc heme decided during the year. 49,517 Recovery that provides insurance benefits upto Rs. 1 Lacs Certificates for dues amounting to Rs. 640.70 for servic e less than 12 months and insurance crore under EPF Scheme, Rs 310.17 crore under benefits from Rs. 2.5 Lacs to Rs . 6 Lacs for EPS, 1995 and Rs.26.95 crore under EDLI service more than 12 months. Scheme w ere is sued under section 8 of the Act.

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During the year 2017-18, arrears amounting to EMPLOYEES’ PENSION SCHEME 1995 Rs. 2,929.96 crore w ere realized. The arrears 6.21 The Employ ees’ Pension Scheme 1995 under all the schemes as on 31st March 2018 has been introduced w ith effect from 16.11.1995. w ere of the order of Rs. 7,273.25 crore. (Figures are provisional). Benefits under the pension scheme

Cumulative corpus under the act 6.22 The Employ ees ’ Pens ion Sc heme, 1995 prov ides the f ollow ing benefits to the 6.17 Total cumulative investment corpus of members and their families: all three Schemes administered by EPFO inc luding the c orpus managed by exempted  Monthly member pension st Prov ident Fund Trus ts as on 31 March, 2018  Disablement pension stands at Rs.13,25,830.37 crore. (Provisional)  Widow / w idow er pension Service to members  Children pension 6.18 A member of the Employees Provident  Orphan pension Fund Scheme is entitled to w ithdraw the amount  Dis abled Children/Orphan Pens ion ly ing in his acc ount together w ith interest on  Nominee pens ion quitting serv ice. During the year 2018-19, 115.22  Pens ion to dependent parents lakh EPF c laims w ere settled. The s cheme also provides for partial withdraw als from the  Withdraw al benefit Prov ident Fund Acc ount to meet contingencies 6.23 The c ategory -w is e break up of pension like illness , inv alidation and als o to prov ide claims (all benef its) settled by the Employees’ financial assistance to discharge their social Prov ident Fund Organis ation during the year responsibilities like marriage of s elf, c hildren or 2018-19 is indicated in the follow ing Table: higher educ ation of children and cons truction of dw elling house Category of Claims Number of EMPLOYEES’ DEPOSIT LINKED INSURANCE Claims Settled SCHEME, 1976 Monthly Pens ion Benefits 3.24 lakh 6.19 Employees Depos it Linked Insurance Other than Monthly Pension 44.95 lakh Scheme, 1976 (EDLI) is applicable to all factories/establishments w.e.f. 1st August, 1976. TOTAL 48.19 lakh All the employ ees w ho are members of the THE EMPLOYEE’S COMPENSATION ACT, prov ident f und are members of this Scheme. 1923

Benefits under the scheme 6.24 The Employees ’ Compensation A ct, 6.20 The benefits are provided in cas e of 1923, earlier known as “Workmen’s death of an employ ee w ho w as member of the Compensation Act” is an old but an important Scheme at the time of death. For service less enactment, as it introduced a kind of social than 12 months, insurance benefits upto Rs. 1 security scheme for the w orkers of this country. Lacs is paid. For service more than 12 months, It enables an employee, and in case of death of insurance benefit from Rs. 2.5 Lacs to Rs. 6 Lacs an employee, his dependents, to get, at the cost is paid. of his employer, c ompensation for employ ment injury.

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6.25 The object of the Act is to provide for mines, the circus industry, plantation units and the payment of compensation by employers to shops or es tablishments employing 10 or more their employees f or injury caus ed to them by pers ons exc ept the employ ees covered under ac cident w hile in employment. If an employ ee the Employ ees State Ins urance (ESI) Act, 1948 contracts an occupational disease w hile in for c ertain period before and af ter birth and employment, it is also treated under the Ac t as provides for maternity and other benef its . It injury caused by accident. extends to the w hole of India. It also provides for maternity leave and payment of certain monetary 6.26 The compensation has been enhanced benefits to w omen w orkers subject to fulfillment to Rs.1, 20,000/- in c ase of death and Rs.1, of certain conditions during the period w hen they 40,000/- in cas e of disablement resulting f rom are out of employment on account of pregnancy. injury. The amount of funeral expenses has been The services of a woman worker cannot be enhanced to Rs.5,000/-. Wage ceiling for terminated during the period of her absenc e on calculation of compensation is Rs.8,000/- p.m. account of pregnancy except for gross w.e.f. 31.5.2010. Through the amendment carried misc onduct. As per amendment of Section 5 of out in the Act w.e.f. 18.01.2010, a clause has been the Maternity Benefit (A mendment) Act, 2017, inserted in the Act to enable the Gov ernment to maximum period for w hich a w oman can get paid rais e the c ompensation, funeral expenses and maternity benefit is tw enty-s ix w eeks upto tw o w age limit by notification in the official Gazette. A surviving children. For adopting/commissioning new Section 25A has been added for the mothers and for more than tw o surviving children, Commissioner to dispose of the matter relating 12 w eeks of paid maternity leave is also available. to compensation under this Act w ithin a period of A medical bonus of Rs.3,500/- is being prov ided three months f rom the date of ref erence and from 19.12.2011 under the Act. The crèche facility intimate the decis ion. has also been provided by the Maternity Benefit 6.27 As per the Employ ee’s Compensation (Amendment) Act, 2017 after insertion of new (Amendment) Act,2017 Section 17A has been Section 11A, according to w hich every added. Now , “Every empl oyer s hall immediately es tablishment having f ifty or more employees at the time of employment of an employee, inform shall have the f ac ility of crèche w ithin such the employee of his rights to compensation under distance, as may be prescribed, either separately this Act, i n writi ng as well as through electronic or along w ith common f acilities. means , in Englis h or Hindi or in the offici al THE PAYMENT OF GRATUITY ACT, 1972 language of the area of employment, as may be unders tood b y the empl oyee.” Further, under Objective Section 18A, penalty for contravention of Act has 6.29 The Payment of Gratuity Ac t, 1972 been increased from present Rs.5,000/- to prov ides for a scheme of compuls ory pay ment Rs.50,000/- w hich may extend to one lakh rupees. of gratuity to employees engaged in factories, As per Sec tion 30, the amount of dispute has mines, oil-fields, plantations, ports, railway been revis ed to go for an appeal from Rs.300/- companies, motor transport undertakings, shops to Rs.10,000/- or such higher amount notified by or other es tablishments on the termination of his the Central Government, so as to reduce litigation. employment after he has rendered c ontinuous THE M ATERNITY BENEFIT ACT, 1961 service for not less than five years on his superannuation, or on his retirement or 6.28 The Maternity Benefit Act,1961 resignation, or on his death or disablement due regulates the employment of w omen in factories, to accident or disease. Provided that the

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completion of continuous serv ice of five y ears Calculation of Be nefits shall not be necessary w here the termination of 6.32 For every completed year of service or the employment of any employees is due to death part thereof in excess of six months, the or disablement. Payment of Gratuity is an employer pays gratuity to an employee at the rate employ er’s liability under the extant provisions of of fifteen days’ w ages based on the rate of wages the PG Act. last draw n. As per section 4(3) of the Act, the 6.30 Coverage amount of the gratuity payable to an employee shall not exceed s uch amount as may be notified  Every factory, mine, oil-field, plantation, port by the Central Government from time to time, at and railw ay company. present the ceiling under the Act is  Every shop or es tablis hment w ithin the Rs.20,00,000/-. meaning of any law f or the time being in Administration force in relation to shops and establishments in a State, in w hich ten or more persons are 6.33 The Act is enforced both by the Central employed or w ere employ ed on any day of and State Governments. Section 3 authorizes the the preceding tw elve months. appropriate government to appoint any of ficer as a controlling authority for the administration of the  Such other establishments or class of Act. Mines, major ports, oilfields, railway establishments in w hich ten or more companies and establishment owned or employees are employ ed or w ere employed controlled by the Central Government and on any day of the preceding tw elve months establishment having branches in more than one as the Central government may, by State are controlled by the Central Government. notif ication, specify in this behalf. The remaining fac tories and/ establis hments are  A shop or establishment once covered shall looked after by the State Gov ernments. continue to be covered notw ithstanding that 6.34 The Central/State Governments the number of persons employed therein at appoint the Controlling Authorities and Inspectors any time f alls below ten. for different areas, to ensure that the provisions Entitlement of the Act are complied w ith. The Central/State Governments also frame rules for administration 6.31 Every employee, other than apprentice of the Act. In Maharashtra, the labour courts in irrespectiv e of his w ages is entitled to rec eive diff erent localities are notified as Controlling gratuity after he has rendered continuous service Authority f or the administration of the Act. for five years or more. Gratuity is pay able at the time of termination of his s ervic e either (i) on 6.35 In pursuanc e to a judgment of Hon’ble superannuation or (ii) on retirement or resignation Supreme Court, the definition of ‘employee’ as or (iii) on death or dis ablement due to accident per the sec tion 2(e) of the Act in order to c over or dis eas e. Termination of s ervices includes the teachers in educational institutions under the retrenc hment. How ever, the condition of five Ac t has been amended vide the Pay ment of years’ continuous service is not neces sary if Gratuity (Amendment) Act, 2009 notified on services are terminated due to death or 31.12.2009 w ith effect retrospectively i.e. from disablement. In case of death of the employee, 3rd April, 1997. the gratuity payable to him is to be paid to his 6.36 Consequent upon the Payment of nominee, and if no nomination has been made, Gratuity (A mendment) Ac t, 2018, notif ied on then to his heirs.

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29.03.2018, this Ministry has enhanced the ceiling 1420(E) dated 29.03.2018 with effect on amount of gratuity f rom Rs.10 lakh to Rs.20 pros pectively i.e. from 29.03.2018. lakh under the A ct vide Notif ic ation No. S.O. Table 6.1

List of ESIC run Hospitals as on 31.03.2018 Sl. No. State Location of Hos pital 1 Ass am Beltola 2 Bihar Phulw arisharif 3 Chandigarh Ramdarbar 4 Delhi Bas aidarapur 5 Delhi Jhilmil 6 Delhi Okhla 7 Delhi Rohini 8 Gujarat Bapunagar 9 Gujarat Naroda 10 Gujarat Vapi 11 Gujarat Anklesw ar 12 Haryana Faridabad Hospital & MC 13 Haryana Gurugaon 14 Haryana Manesar 15 Himachal Pradesh Baddi 16 Jammu & Kas hmir Bari-Brahma 17 Jharkhand Ranc hi 18 Jharkhand Adityapur 19 Karnataka Rajajinagar 20 Karnataka Peenya 21 Karnataka Gulbarga 22 Kerala Udy og Mandal 23 Kerala As ramam 24 Kerala Ezhukone

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Sl. No. State Location of Hos pital 25 Madhya Pradesh Indore 26 Maharashtra Andheri 27 Maharashtra Kolhapur 28 Maharashtra Bibvew adi 29 Odis ha Rourkela 30 Punjab Ludhiana 31 Rajas than Bhiw adi 32 Rajas than Jaipur 33 Rajas than Alwar 34 Tamil Nadu Tirunaveli 35 Tamil Nadu KK Nagar 36 Telangana Sanathnagar 37 Telangana SS Sanathnagar 38 Uttar Pradesh Noida 39 Uttar Pradesh Sarojini Nagar, Luc know 40 Uttar Pradesh Sahibabad 41 Uttar Pradesh Jajmau, Kanpur 42 Uttar Pradesh Varanasi 43 Uttar Pradesh Bareily 44 Wes t Bengal Joka

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CHAPTER-7 LABOUR WELFARE

7.1 The concept of Labour Welfare Fund w as  The Mica Mines Labour Welfare Fund evolved in order to extend a measure of social Act, 1946; assistance to w orkers in the unorganized sector.  The Limestone and Dolomite Mines Tow ards this end, separate legislations w ere Labour Welf are Fund Act, 1972; enacted by Parliament to set up fiv e Welfare Funds to be administered by Ministry of Labour  The Iron Ore, Manganese Ore and & Employment to provide medical care to w orkers Chrome Ore Mines Labour Welf are employ ed in beedi indus try, certain non-coal Fund Act, 1976; (under pow er of mines, and c ine w orkers. repeal).

7.2 The scheme of Welfare Funds is outside the  The Beedi Workers’ Welfare Fund Act, framew ork of specific employer and employee 1976; and ( under pow er of repeal relationship in as muc h as the res ourc es are  The Cine Workers’ Welfare Fund Act, rais ed by the Gov ernment on a non-contributory 1981. basis and delivery of w elfare services affected w ithout linkage to individual w orker’s contribution. 7.4 With the implementation of GST, the c ess Welfare funds, w hich follow a sectoral approach, has been s ubsumed in the GST and the Ministry are in addition to a large number of various other of Labour & Employment has requested to pov erty allev iation and employment generation Minis try of Law and Jus tice repeal these Acts. programmes, w hich follow a regional approach 7.5 The Acts enable the Central Gov ernment to and for w hich most of these w orkers are eligible. meet the expenditure incurred in connection w ith LABOUR WELFARE FUNDS measures and facilities w hich are necessary or expedient to promote the w elfare of such w orkers. 7.3 The Minis try of Labour & Employ ment is In order to give effect to the objectives laid dow n w orking for the w elfare of Beedi, Cine and Non in the above A cts , Health Scheme has been Coal Mine w orkers under the follow ing Acts:- formulated. Details of the schemes are as follow s:

S.No HEALTH SCHEME Salient Features

1. Health care facilities are Reimbursement of expenditure f or spec ialized treatment being provided to Beedi, taken under Government recognized Hos pitals in cas e of Cine and Non Coal Mine critical disease. w orkers and to their families Canc er Reimbursement of actual expenses on through 10 Hospitals and treatment, medicines and diet charges 286 Dispensaries loc ated incurred by w orkers, or their across the country. dependents. Tuberculosis Reservation of beds in T.B. Hospitals and domiciliary treatment for w orkers. Subs istence allow ance of Rs. 750/- to

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Rs. 1000/- p.m is granted as per the advic e of the treating physic ian. Heart Diseases Reimbursement of expenditure up to Rs. 1,30,000/- to w orkers. Kidney Reimbursement of expenditure up to Transplantation Rs.2,00,000/- to w orkers. Hernia, Reimbursement of expenditure up to Appendectomy, Rs. 30,000/- to w orkers and their Ulc er dependents. Gynecological dis eases and Prostrate diseases

7.6 Ministry of Labour & Employment has also 07 Jabalpur Madhya Pradesh initiated action for s kill development of the beedi w orkers to provide them alternate source of 08 Nagpur Maharashtra , Goa, employment for v iable alternative sourc es of Dadar Nagar livelihood. A total of 4643 beneficiaries has been Hav eli & Daman trained under this programme in the year 2018- 09 Ranc hi Jharkhand 19, out of w hich 756 benefic iaries have been 10 Patna Bihar shif ted to alternative jobs. 11 Raipur Chhattisgarh 7.7 The Labour Welfare Organization is headed by a Direc tor General (Labour Welfare). 12 Dehradun Uttrakhand, He is assisted by seventeen (17) Regional Himachal Pradesh Welfare Commissioners for the purpose of 13 Kolkata Wes t Bengal, administration of these Funds in the States. The Andaman & jurisdiction of each Welfare Commis sioner has Nicobar, Sikkim been show n in the Table below. 14 Guw ahati Ass am, WELFARE COM M ISSIONERES AND THEIR Meghalaya, JURISDICTION Nagaland, Tripura, Arunachal S. Name of the Region States Pradesh, Manipur, No. Covered Mizoram 01 Allahabad Uttar Pradesh 15 Tirunelv eli Tamil Nadu, 02 Ahmadabad Gujarat, Diu Puducherry 03 Ajmer Rajas than 16 Chandigarh Punjab, Delhi, Chandigarh, 04 Bangalore Karnataka Haryana, Jammu 05 Bhubanesw ar Oris sa & Kashmir 06 Hyderabad Andhra Pradesh, 17 Cannanore Kerala, Telangana Lakshadw eep

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7.8 DETAILS OF EXPENDITURE UNDER HEALTH SCHEME

Details of Beneficia ries and Expenditure

S. Name of 2016-17 2017-18 2018-19 No Component Expenditure Numbe r of Expenditure Numbe r of Expenditure Numbe r of (in Rupees) Beneficiaries (in Rupees) Beneficiaries (in Rupees) Beneficiaries

1 Health 115.65 Cr 15,59,744 108.70 Cr 14,23,152 8,76,68 Cr 11,85,209

Revised Integrated Housing Scheme, 2016 Convergence of Housing Scheme

7.9 A revamped housing scheme (RIHS, 2016) 7.13 In meeting of Expenditure Finance has been introduced from December, 2016 w ith Committee (EFC) under the Ministry of Finance a subsidy of Rs. 1,50,000 per beneficiary for appraisal and c ontinuation of the Labour household. RIHS, 2016 is applicable to the Welf are Scheme held on 11.05.2018 under the w orkers engaged in Beedi/Iron Ore Mines, Chairmanship of Secretary (Expenditure), it w as Manganese Ore & Chrome Ore Mines (IOMC)/ decided that the Ministry of Labour & Employment Limestone Ore Mines, Dolomite Ore Mines w ill explore the possibilities to converge the RIHS (LSDM) /Mica Mines and Cine Industries, w ith the PradhanMantriA w aas Yojna (PMAY) regis tered w ith the Labour Welfare Organis ation (URBAN) of the Ministry of Urban Development (LWO). & Poverty Alleviation and Pradhan Mantri Aw aas Yojna (Rural) of the Ministry of Rural 7.10 In the scheme, subsidy of Rs. Dev elopment. It w as s ugges ted to f rame a 1,50,000/- is released in three instalments on timeline and to draw a transition plan, w hen all 25:60:15 ratio (First as advanc e, second on new sanctions under RIHS w ill be stopped and reac hing the lintel lev el and third after receipt of housing subsidy w ill be draw n from PMAY and a inspection report that the cons truction of houses transition plan may be draw n up w hen all new has been c ompleted in all respect. sanction under RIHS w ill be stopped and housing subsidy w ill be draw n from PMAY. Accordingly all 7.11 Under this scheme subsidy is released Welf are Commis sioner w ere directed not to through DBT. release subsidy tow ards 1st installment under RIHS and send pending applications to the 7.12 Details during last three years under concerned Blocks /Urban Local Bodies for the Revised Integrated Housing Sc heme (RIHS) sanc tion under PMAY. are as under: 7.14 Financial Assistance for Education: Financial No. of Expenditure Year beneficiaries (Rs. in crore) The benefits under the Scheme Financial households As sis tanc e f or Educ ation are currently being 2015-16 6903 13.80 transf erred through the National sc holarship Portal. 2016-17 9831 20.39 2017-18 12876 45.74 2018-19 12394 49.20

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Details of expenditure Name of Benefits Scheme Sl. Financial Financial Progress No Year Financial Class Girls Boys Assistance I to IV (for 250 250 No. of Expn for Education purchase of Beneficiaries incurred dress/books in Rs. etc .) 1 2017-18 188241 296754350 V to VIII 940 500 2 2018-19 262306 413134350 IX 1140 700 X 1840 1400 PUC I & II 2440 2000 ITI 10,000 10,000 Degree 3000 3000 Course Professional 15000 15000 Cours es (BE/MBBS/ BSc. -Agri.)

68 Annual Report 2018-19

CHAPTER-8 UNORGANISED WORKER

UNORGANISED WORKERS Contract Labour (Abolition and Prohibition) Act, 1970; Building and Other Cons truction Workers 8.1 The term unorganised w orker has been (Regulation of Employment & Conditions of defined under the Unorganised Workers’ Social Serv ice) A ct, 1996; and the Building and Other Security Act, 2008, as a home based w orker, self- Cons truction Workers Welfare (Cess) Act, 1996 employed w orker or a w age w orker in the etc . are directly or indirectly applic able to the unorganised sector and includes a w orker in the w orkers in the unorganised sector also. organised sector w ho is not c overed by any of the Acts mentioned in Schedule-II of Act i.e. 8.4 The Ministry of Labour & Employment is also The Employee’s Compens ation Act, 1923 (3 of operating Welfare Funds for some specific 1923), The Industrial Disputes Act, l947 (14 of categories of w orkers in the unorganised s ector l947), The Employees’ State Insurance Act, 1948 like beedi w orkers, cine w orkers and certain non- (34 of l948), The Employees Provident Funds coal mine w orkers. The funds are used to provide and Miscellaneous Prov ision Ac t, 1952 (19 of various kinds of w elfare activities to the w orkers 1952), The Maternity Benefit Act, 1961 (53 of l961) in the field of health care, housing and educ ation and The Payment of Gratuity Act, 1972( 39 of assistance f or children. l972). COMPREHENSIVE LEGISLATION FOR 8.2 As per surv ey carried out by the National WORKERS IN THE UNORGANIZED SECTOR Sample Survey Organisation in the year 2011- 12, the total employment in both organized and 8.5 In order to ensure w elfare of w orkers in unorganised sector in the country w as of the order the unorganized s ector, the Ministry of Labour of 47 crores. Out of this, about 8 crore w ere in & Employ ment has enacted the Unorganised the organized sector and the balance of 39 crore Workers’ Social Security Act, 2008. The Act has in the unorganiz ed sector. The w orkers in the come into force w ith effect from 16.05.2009. The unorganized sec tor cons titute more than 90 Central Rules under the Act have been framed. perc ent of the total employment in the country. A large number of unorganized w orkers are home 8.6 The Salient features of the Act are under: based and are engaged in occupations suc h as  Section (2) prov ides for the def initions, beedi rolling, agarbatti making, papad making, including those relating to unorganised tailoring, and embroidery w ork. w orker, self-employ ed and w age w orker. 8.3 The unorganised w orkers suffer from cycles  Section 3(1) provides f or formulation of of excessive seas onality of employment, lac k of schemes by the Central Gov ernment for a formal employ er-employee relations hip and diff erent s ections of unorganis ed w orkers absence of s ocial security protection. How ever, on matters relating to (a) life and disability several legislations such as the Employ ee’s cover; (b) health and maternity benef its; Compensation Act, 1923; the Minimum Wages (c) old age protection (d) any other benefit Act, 1948; the Maternity Benef it Act, 1961; the

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as may be determined by the Central direct (a) the Distric t Panchayat in rural Government. areas; and (b) the Urban Local Bodies in urban are as to perform such functions.  Section 3(4) prov ides f or formulation of schemes relating to provident fund,  Section 9 provides for setting up of Workers’ employment injury benefits, housing, Facilitation Centre to (a) disseminate educational schemes f or children, skill up information on social security schemes gradation, funeral assis tance and old age available to them (b) facilitate registration of homes by the State Gov ernments. w orkers by the dis trict adminis tration and enrollment of unorganised w orkers.  Section 4 relates to f unding of the sc hemes formulated by Central Government.  Section 10 provides for eligibility criteria for registration as also the procedure for  Section 5 envisages constitution of National registration under the Act. Social Security Board under the chairmanship of Union Minister for Labour  Sections 11-17 contain miscellaneous & Employment w ith Director General prov isions for implementing the Act. (Labour Welfare) as Member Secretary and 34 nominated members representing 8.7 The Unorganised Workers’ Social Security Members of Parliament, unorganis ed Rules, 2009 under the Act have been framed and workers, employers of unorganised the National Social Security Board was w orkers, civil society, Central Ministries and cons tituted on 18.08.2009. The National Board State Gov ernments. shall recommend s ocial security schemes viz. life and disability cover, health and maternity  Prov ision for adequate representation to benefits, old age protection and any other benefit persons belonging to the Scheduled as may be determined by the Government for Castes, the Scheduled Tribes, the Minorities unorganized w orkers. and Women in the Board has been made. 8.8 The Central Government in 2017, converged  The National Board w ould rec ommend the the social security scheme of Aam Aadmi Bima Central Government s uitable sc hemes for Yojana (AABY ) w ith Pradhan Mantri Jeevan Jyoti diff erent s ections of unorganis ed w orkers; Bima Yojana/ Pradhan Mantri Suraksha Bima monitor implementation of sc hemes and Yojana. The conv erged PMJJBY/PMSBY s cheme advise the Central Government on matters is providing life and disability coverage to the aris ing out of the administration of the Act. unorganized w orkers, depending upon their eligibility. The converged PMJJBY/PMSBY  Section 6 has prov ision f or cons titution of scheme is f or the beneficiaries in the age group similar Boards at the State level. 18-50 years and provides for coverage of Rs. 2 lakhs, in case of natural death and Rs. 4 lakhs in  Section 7 relates to funding pattern of the case of accidental death. The Converged schemes formulated by the State sc hemes are being implemented through Life Governments. Insurance Corporation of India. A premium of Rs. 342(330+12) per annum w ould be required for  Section 8 prescribes record keeping the conv erged schemes. The premium w ould func tions by the District Administration. For be s hared betw een the State Gov ernment and this purpos e, the State Gov ernment may

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Central Government in the ratio of 50:50. This (Department of Animal Husbandry, Ministry has urged all the State/UT Governments Dairying &Fisheries); to give their financial concurrence to cover 50 percent of the premium for all eligible x. RashtriyaSw asthyaBimaYojana unorganised w orkers. Around 2.80 crore (Ministry of Health and Family Welfare), beneficiaries hav e been c ov ered under this now Ayushman Bharat-PradhanMantri scheme, as per data furnished by LIC, during the Jan ArogyaYojana current year 2018-19. 8.10 PradhanMantriShram Yogi Maan- 8.9 In India approximately 93% of w orkers are dhan (PM-SYM): in the unorganized sector. The various social security s chemes are currently being run by 8.10.1 Government of India has introduc ed a diff erent Ministries /Departments under Schedule pens ion sc heme f or unorganised w orkers in the II of the “Unorganized Workers Social Security name of Pr adhanM antriShram Yogi Maan- Act (UWSSA), 2008” for w elfare of the dhan (PM-SYM) to ensure old age protection for unorganized w orkers and agencies at the State Unorganised Workers. The enrollment under the th level, w ith different eligibility criteria, enrolment scheme has started sinc e 15 February, 2019. proc esses and benefits there under, etc. 8.10.2 The unorganised w orkers mostly i. PradhanMantriShram Yogi Maan-Dhan engaged as home based w orkers, street (PM-SYM) (MoL&E)- A pension scheme vendors, mid-day meal w orkers, head loaders, for Unorganized Workers. brick kiln w orkers, cobblers, rag pickers, domestic w orkers, w asher men, rickshaw pullers, ii. (Ministry of Labour and Employment); landless labourers, ow n account workers, (now converged w ith PMJJBY/PMSBY) agricultural w orkers, construction w orkers, beedi w orkers, handloom w orkers, leather w orkers, iii. National Old A ge Pension Scheme audio- visual workers and similar other (Ministry of Rural Dev elopment); occupations w hose monthly income is Rs 15,000/ per month or less and belong to the entry iv. National Family Benefit Scheme age group of 18-40 years. They should not be (Ministry of Rural Dev elopment); covered under New Pension Scheme (NPS), Employees’ State Insurance Corporation (ESIC) v. JananiSurakshaYojana (Ministry of scheme or Employees’ Provident Fund Health and Family Welfare); Organisation (EPFO). Further, he/she should not be an income tax payee. vi. Handloom Weavers’ Comprehensive Welf are Sc heme (Ministry of Textiles); 8.10.3 It is a voluntary and contributory pension scheme, under w hich the subscriber vii. Handicraf t A rtisans’ Comprehensive w ould receive the f ollow ing benefits: Welf are Sc heme (Ministry of Textiles); (i) Minimum Assured Pension: Each viii. Pension to Master Craft Persons subsc riber under the PM-SYM, shall (Minis try of Textiles); rec eive minimum assured pension of ix. National Scheme for Welfare of Rs 3000/- per month after attaining the Fishermen and Training and Extension age of 60 years.

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(ii) Family Pension: During the receipt of Cons idering the hardships and erratic nature of pens ion, if the s ubscriber dies, the employability of these w orkers, the exit provisions s pous e of the benef ic iary s hall be of scheme have been kept flexible. Exit provisions entitled to receive 50% of the pension are as under: received by the beneficiary as family (i) In c ase a s ubscriber exits the sc heme pens ion. Family pension is applicable w ithin a period of les s than 10 years, only to spouse. the beneficiary’s share of contribution (iii) If a beneficiary has given regular only w ill be returned to him w ith savings contribution and died due to any cause bank interest rate. (before age of 60 years), his/her (ii) If s ubscriber exits after a period of 10 spouse w ill be entitled to join and years or more but before continue the scheme subs equently by superannuation age i.e. 60 years of age, payment of regular contribution or exit the beneficiary’s share of contribution the scheme as per provisions of exit along w ith ac cumulated interes t as and w ithdraw al. actually earned by fund or at the savings bank interes t rate w hichever is higher. 8.10.4 The subscriber’s contributions to PM- SYM is through ‘auto-debit’ facility from his/ her (iii) If a beneficiary has given regular savings bank account/ Jan- Dhan account and it contributions and died due to any ranges from Rs 55/- to Rs 200/- per month caus e, his / her spouse w ill be entitled depending at the entry age of the subscriber. The to c ontinue the sc heme s ubsequently subscriber is required to contribute the prescribed by payment of regular contribution or contribution amount from the age of joining PM- exit by receiving the beneficiary’s SYM till the age of 60 years. contribution along w ith acc umulated interest as actually earned by fund or 8.10.5 PM-SYM is a voluntary and contributory at the savings bank interest rate pension scheme on a 50:50 basis w here w hichever is higher. pres cribed age-specific c ontribution s hall be made by the beneficiary and the matching (iv) If a beneficiary has given regular contribution by the Central Government as per contributions and become permanently the chart. For ex ample, if a person enters the disabled due to any cause before the scheme at an age of 29 y ears, he is required to superannuation age, i.e. 60 years , and contribute Rs 100/ - per month till the age of 60 unable to continue to contribute under years . An equal amount of Rs 100/- w ill be the sc heme, his/ her spouse w ill be contributed by the Central Government. entitled to continue the scheme subsequently by payment of regular The Scheme is being implemented through LIC contribution or exit the scheme by and Common Services Centres-SPV. LIC is the receiving the beneficiary ’s contribution Pension Fund Manager and res pons ible for w ith interest as actually earned by fund Pens ion pay out. CSC - SPV is respons ible or at the s avings bank interest rate enrolling the beneficiaries through its approx. 3 w hichever is higher. lakh CSCs across the country. Under the (v) After the death of subscriber as well as scheme, contribution amount for the f irst month his/her spouse, the entire c orpus w ill is being paid in c ash. be c redited back to the f und.

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(vi) Any other exit provis ion, as may be 8.13 These legislations regulate the decided by the Gov ernment on advice employment and conditions of service, safety and of NSSB. health measures for the cons truction w orkers through State Welfare Boards c onstituted at the 8.10.6 If a subscriber has not paid the State level. Welfare measures are f inanced by contribution continuously he/she w ill be allow ed levy of cess on all cons truction w orks at rates to regularize his contribution by pay ing entire betw een 1 to 2% of the construction cost incurred outs tanding dues, along w ith penalty charges , if by an employer (the Government has notified the any, decided by the Government. To address any cess @ 1%). The funds so collected are to be grievances related to the scheme, subscriber can used for providing financial as sistance to the contac t at customer care number 1800 267 6888 families of registered w orkers in case of accident, w hich w ill be available on 24*7 basis. Web portal/ old age pens ion, hous ing loans , payment of app w ill also have the facility for regis tering the insurance premia, children’s education, medical complaints. As on 31st March, 2019, around 27 and maternity benefits, etc. lakh benef iciaries have subsc ribed the Scheme. Hary ana has registered the highes t number of 8.14 All State Governments and Union beneficiaries, f ollow ed by Maharashtra, Uttar Territories have constituted State Welfare Boards. Pradesh and Gujarat. The Government of Tamil Nadu has been implementing its ow n Act. Till 31.03.2019, an THE BUILDING AND OTHER amount of approx. Rs. 49688.07crore has been CONSTRUCTION WORKERS collec ted as Cess by the State Governments and Union Territories and an amount of Rs. 8.11 The construction w orkers cons titute 19379.922c rore has been s pent on w elfare one of the larges t categories of w orkers in the schemes formulated by them. unorganized sector. Based on the Sample Survey conducted by NSSO, MoSPI in 2011-12, about 8.15 From time to time, Central Government 5.02 crore w orkers are employed in cons truction has been issuing directions under Sec tion 60 of activities. In order to saf eguard the interest of the the Building and Other Construction Workers’ w orkers of this s ector, Government has enacted (Regulation of Employment and Conditions of the follow ing legislations for the construction Serv ice) Ac t, 1996, to all the State Governments w orkers: - and UT Administrations f or proper implementation of the Ac t. To monitor the implementation of these  The Building and Other Construction directions, specifically w ith reference to utilization Workers’ (Regulation of Employment of Cess fund for Welfare Schemes enumerated and Conditions of Service) Act, 1996. under Section 22 of the Act, by the State Building and Other Construction Workers’ Welfare  The Building and Other Construction Boards, a Committee under the Chairmanship Workers’ Welfare Cess, Act, 1996; of Sec retary (Labour and Employment) has been 8.12 Further, the Building and Other cons tituted. The Monitoring Committee holds its Construction Workers’ Welfare Cess Rules, meeting f rom time to time w ith the Principal 1998 and the Building and Other Construction Secretaries/ Secretaries of Labour departments Workers( Regulation of Employment & of the State/ UTs. Conditions of Serv ice) Central Rules, 1998 have 8.16 Implementation of the Building and Other been notified on 26.03.1998 and 19.11.1998 Cons truction Workers (RECS) Act, 1996 and the respectively.

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Building and Other Construction Workers’ Act has provision for issue of Pass-Book to every Welfare Cess Act, 1996 w as under close inter-s tate migrant w orkmen w ith f ull details, scrutiny of the Hon’ble Court in Writ Petition (Civil) payment of displacement allow ance equivalent No. 318 of 2006 betw een M/s National Campaign to 50% of monthly w ages, payment of journey Committee for Central Legislation on allow ance including payment of w age during the Construction Labour V/s Union of India and period of journey, suitable residential others. Pursuant to the judgment dated 19 t h accommodation, medical f acilities and protec tive Marc h, 2018 and Order dated 04.10.2018 of the clothing, payment of w ages, equal pay for equal Hon’ble Supreme Court in the matter, Model w ork etc. Sc heme f or Building and Other Cons truc tion Workers and A c tion Plan (f or strengthening 8.20 The main responsibility for enforcement Implementation Machinery ) w ere framed and of the prov ision of the Act lies w ith the Central circulated to all States /UTs for implementation. and the State Gov ernments / Union Territories in The model scheme is also available on the the establishment falling in the Central and State w ebsite of Ministry. Further, as per the directions Sphere res pectiv ely. of the Hon’ble Supreme Court a framew ork for social audit of implementation of BOCW Act has 8.21 The problem of migration is sought to been developed in c onsultation w ith the State be c hecked through a multi dimensional course Governments and other stake holders and based of ac tion through rural development, provision of on w hich a social audit on pilot basis has also improved infrastructural facilities, equitable been conduc ted in certain districts of Rajas than dispersal of resources to remove regional and GNCT Delhi. disparities, employment generation, land reforms, inc reas ed literacy, financial ass istance etc. In MIGRANT WORKERS AND THE INTER- order to generate better employment STATE M IGRANT WORKMEN opportunities at State level, the Government have launched a number of schemes like 8.17 According to the 2011 Census PradhanMantri Gram SadakYojana (PMGSY ), (Provis ional Report), 45 Crore persons have PradhanMantriAwassYojna (IAY) etc. Further, the changed their plac e of residenc e w ithin the Government have also enac ted the Mahatma country and out of this, 4.6 Crore or 10.22% left Gandhi Rural Employment Guarantee Act, 2005 their place for w ork. to provide 100 day s guaranteed employment to rural households 8.18 The Inter-State Migrant Workmen (Regulation of Employment and Conditions of 8.22 Ministry of Labour & Employment and Serv ice) A ct, 1979 w as enacted to protect the State Governments of Andhra Prades h and rights and safeguard the interests, of migrant Odisha have signed MoUs to facilitate w orkers. strengthening of Inter-State Coordination Mechanism f or smooth implementation of the 8.19 The Act regulates the employment of activities in s ourc e and des tination areas of inter-state migrant w orkmen and provides f or migrant w orkers. Similar MoUs hav e also been their c onditions of serv ice. It applies to ev ery s igned w ith the State Gov ernments of Uttar establishment, and the contractor, w ho employ Pradesh, Bihar, Jharkhand and Chhattisgarh. fiv e or more inter-state migrant w orkmen. The

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CHAPTER-9 BONDED LABOUR

Bonded Labour entrusted w ith certain duties and respons ibilities for implementing the 9.1 The Bonded Labour System stands provis ions of this Act. abolished throughout the country w ith effect from 25.10.1975 w ith the enactment of Bonded Labour  Vigilanc e committees are required to System (Abolition) Act, 1976. It freed unilaterally be constituted at district and sub- all the bonded labourers from bondage w ith divis ional levels. simultaneous liquidation of their debts . It made the practice of bondage a cognizable offence  Offences for contravention of punis hable by law. provisions of the Act are punishable w ith impris onment for a term, w hich 9.2 The Act is being implemented by the State may extend to three years and also w ith Governments concerned. Salient f eatures of the fines, w hich may extend to tw o Act are given below : thousand rupees.

 On commencement of this A ct, the  Powers of Judicial Magistrates are bonded labour system stood abolis hed required to be c onferred on Executive and every bonded labourer stood freed Magistrates for trial of offences under and discharged free from any obligation this Act. Offences under this Act could to render bonded labour. be tried s ummarily.

 Any custom, agreement or other Central Sector Scheme for Rehabilitation of instrument by virtue of w hich a person Bonded Labourer, 2016 w as required to render any service as bonded labour w as rendered void. 9.3 In order to assist the State Gov ernments in their task of rehabilitation of released bonded  Liability to repay bonded debt w as labourers, the Ministry of Labour launc hed a deemed to have been extinguis hed. Centrally Sponsored Sc heme in May, 1978 for rehabilitation of bonded labourers. Under this  Property of the bonded labourer w as Scheme rehabilitation assistance of Rs. 20,000/- freed from mortgage etc. per freed bonded labour w as provided, which w as shared by the Central and State Gov ernments  Freed bonded labourer w as not to be on 50:50 basis; in the case of the Seven North evicted from homesteads or other Eastern States, 100% central assistance if they residential premis es w hic h he w as expressed their inability to provide their share. occupying as part of consideration for the bonded labour. 9.4 Subs equently in 2016, the s cheme w as rev amped w.e.f. 17.05.2016 and is know n as  District Magistrates have been “Central Sector Sc heme for Rehabilitation of

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Bonded Labourer, 2016. The salient f eatures of How ever, immediate ass istance upto Rs. the Scheme are as under: 20,000/- may be provided to the resc ued bonded labour by the District Administration 1. Financial assistance for rehabilitation of a irrespective of the status of conviction rescued bonded labourer has been proc eedings. Further, in cases w here the increased f rom Rs. 20,000/- to one lakh per trial has not been concluded, but the District adult male beneficiary, Rs. 2 lakh for s pecial Administration has arrived at a prima f acie category benef ic iaries such as children finding and proof of bondage, then the inc luding orphans or those rescued f rom proposal for cash assistance shall not be organized & I forc ed begging rings or other stopped for w ant of details of conviction. forms of forced child labour, and w omen and However, final disbursement of cash Rs. 3 lakh in cases of bonded or forc ed assistance and non-cash assistance s hall labour involving extreme cases of deprivation be made upon proof of bondage and other or marginalization such as trans-genders, legal consequences as per judicial process. or w omen or children rescued from ostensible sexual exploitation such as 5. The Scheme provides for creation of a brothels, massage parlours, placement Bonded Labour Rehabilitation Fund at agencies etc., or traff icking, or in cases of District level by each State w ith a permanent dif ferently abled persons, or in situations corpus of at least Rs. 10 lakh at the disposal w here the Distric t Magistrate deems fit. of the District Magistrate for extending immediate help to the released bonded 2. The State Governments are not required to labourers. pay any matching contribution for the purpose of cash rehabilitation assistance. 6. The above benefits are in addition to other land and housing elements provided by the 3. The Scheme provides for financial States. assistance of Rs, 4.50 lakh per distric t to the States for conduc ting survey of bonded Till date a sum of Rs. 9,581.12 Lakhs has been labourers onc e in ev ery three years per released to the State Governments for sensitive district, Rs. 1.00 Lakh for evaluatory rehabilitation of 2,93,725 bonded labourers. studies (maximum of five Evaluatory Studies per year) and Rs. 10 Lakhs per State per 9.5 A number of workshops have been annum for awareness generation. The conducted in collaboration w ith the NHRC, State Central Government w ill give 50% of the Governments, ILO and other stakeholders to amount required for conducting Survey, sensitise the State Government officials, vigilance Awareness Generation and Evaluatory committees etc. regarding the legal provisions Studies in advance. and the rev amped Central Scheme and monitor and evaluate the progress. 4. The release of rehabilitation assistance has been linked w ith c onviction of the accused.

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CHAPTER-10 CONTRACT LABOUR

Contract Labour constituted on 2 nd April, 2016. Till date, 94 meetings of the Central Advisory Contract Labour 10.1 Contract labour generally refers to Board have been held. w orkers engaged by a contractor for user enterprises . It is a significant and grow ing form 10.6 So far, 94 notifications have been of employment. These w orkers are millions in issued u/s 10 of the Ac t abolishing employ ment number and are engaged primarily in agricultural of c ontract labour in specified establishments in operations, plantation, construction industry, ports cons ultation w ith the Central Advisory Contract and docks, oil fields, factories, railways, shipping, Labour Board. airlines, road transport etc. 10.7 Every establishment and contractor, to 10.2 The Contract Labour (Regulation and w hom the Act applies, has to register itself/obtain Abolition) Act, 1970 w as enacted to protect and a license for execution of the contract w ork. The safeguard the interests of these workers. It interests of contract w orkers are protected in applies to ev ery establishment /contractor in terms of w ages, hours of w ork, w elfare, health w hich 20 or more w orkmen are employed. It also and s ocial security. The amenities to be provided applies to establishments of the Government and to c ontrac t labour include canteen, rest rooms, loc al authorities. firs t aid facilities and other basic necessities at the w ork plac e like drinking w ater etc . The 10.3 The Central Government has responsibility to ensure payment of w ages and juris diction ov er establishments like railw ay s, other benefits is primarily that of the c ontrac tor, banks, mines etc. and the State Governments and, in c as e of default, that of the princ ipal hav e jurisdiction over the units located in that employer. State. 10.8 So far, 28 notifications have been 10.4 The Central Gov ernment and State issued u/s 31 of the Ac t granting ex emption to Governments, in their capacity as “appropriate” establishments from the purview of the Act. Governments, are required to set up Central and State Advisory Contract Labour Boards to advise 10.9 In the Central sphere, the Central respective Governments on matters arising out Industrial Relations Machinery (CIRM) headed by of the administration of the Act as are referred to Chief Labour Commiss ioner (Central) and his them. The Boards are authorized to c onstitute officers have been entrusted w ith the responsibility Committees as deemed appropriate. of enforcing the provisions of the Act and the rules made thereunder. 10.5 The Central Advisory Contract Labour Board (CACLB) is a Statutory Body, tripartite in 10.10 To promote ease of doing business and constitution and quasi-judicial in nature. The non- remove multiplicity & duplicity in various forms/ official members hold of fice for a term of three reports/returns, the Ministry of Labour & years. The present CACLB has been re- Employment notified the “Rationalisation of Forms

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and Reports under Certain Labour Law s Rules, Portal under the above three Acts vide 2017” in the official gazette of India on 28th March, notification(s) G.S.R. 1593 (E) to 2017. In ef fect, the number of forms and reports G.S.R. 1596 (E) notified in the Gaz ette prescribed under the Contract Labour (Regulation of India on 29th December, 2017. and Abolition) Act, 1970 (37 of 1970), the Inter- State Migrant Workmen (Regulation of ii. Publication of the Building and Other Employment and Conditions of Service) Act, 1979 Construction Workers (Regulation of (30 of 1979) and the Building and Other Employment and Conditions of Service) Construction Workers (Regulation of Central (Amendment) Rules, 2018 in Employment and Conditions of Service) Act, 1996 the Gazette of India vide notification (27 of 1996) hav e been reduced from 36 to 12. number G.S.R. 828(E) dated 4th September, 2018 s o as to make 10.11 In order to further simplify and reduce filing of application(s) for registration of the number of forms prescribed under the above establishments and granting of mentioned three Acts, the Ministry has also certif ic ate of registration under the notified the Rationalisation of Forms and Reports Building and Other Construction under Certain Labour Law s (Amendment) Rules, Workers (Regulation of Employ ment 2017 vide G.S.R 1593(E) dated 29th December, and Conditions of Service) Act, 1996 2017 reducing a total of 8 other Forms regarding (27 of 1996) mandatorily online on the registration of establishment and f iling of unified ShramSuvidha Portal. annual return to 2. Now, the number of f orms and reports/returns prescribed under the above three iii. Filing of applications and granting of Acts have been reduced from 44 to 14. certificate of registration/license under the Contract Labour (Regulation and 10.12 Taking forward the Government’s Abolition) Act, 1970 (37 of 1970) and the “Digital India” initiative and to ensure that various Inter-State Migrant Workmen Government Services are made available to the (Regulation of Employment and citizens electronically, Ministry of Labour & Conditions of Service) Act, 1979 (30 of Employ ment has f urther made av ailable the 1979) have been made mandatorily follow ing f acilities: online on the ShramSuvidha Portal vide Gazette of India notification(s) G.S.R. i. Filing of unified annual return 1125(E) and G.S.R. 1126(E) dated 15th mandatory online on the ShramSuvidha November, 2018.

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CHAPTER-11 WOMEN AND WORK

PROFILE OF WOM EN WORKERS overall Worker Population Ratio f or w omen in the age group 15 & above was 22% and it w as 23.7% 11.1 Women f orm an integral part of the in rural areas as compared to 18.2% in urban Indian w orkforce. The total number of female areas based on us ual status (Principal status + w orkers in India is 149.8 million and female Subs idiary status) basis. The overall female w orkers in rural and urban areas are 121.8 and Labour Force Participation Rate for the age group 28.0 million respectively (source:census,2011). 15 & above status (Princ ipal status + Subsidiary Out of total 149.8 million female w orkers, 35.9 status) bas is w as 23.3% w hich w as 24.6% in million females are w orking as cultivators and rural areas as compared to 20.4% in urban areas. another 61.5 million are agricultural labourers. Of The overall unemployment rate for the female w as the remaining females w orkers, 8.5 million are in 5.6% and the unemployment rate of female in rural household Industry and 43.7 million are c lassified areas w as 3.8% and 10.8% in urban areas. as other w orkers. PROTECTION OF THE INTEREST OF 11.2 As per Census 2011, the Work WOM EN WORKERS Participation Rate for w omen is 25.51 per cent as compared to 25.63 per c ent in 2001. The 11.4 Formulation and coordination of policies Worker Population Rate (WPR) for w omen in and programmes f or the f emale labour force rural areas is 35.1 per cent as compared to 17.5 w ithin the frame w ork of national manpow er and per cent in urban areas based on 4th Annual economic policies. Employment Unemployment Survey (2013-14) and same is 30.2 per cent in rural area and 14.8  Maintaining liaison with other per cent in urban area under 5th Annual Government agencies to secure Employment Unemployment Survey (2015-16) effective implementation of the under Usual Principal & Subsidiary Status (UPSS) programmes in respect of w omen Approach. As per 4th and 5th Annual Employment w orkers. Unemployment Survey launched by Labour Bureau in December 2013 and A pril 2015, the  Monitoring the implementation of the overall Female Labour Force Participation Rate Equal Remuneration A ct, 1976 and under Usual Principal & Subsidiary Status (UPSS) setting up of an Adv isory Committee Approach has decreased from 31.1 per cent to under the Equal Remuneration Act, 27.4 per c ent. 1976.

Periodic Labour Force Survey (PLFS) 11.5 The ILO Conv ention No.100 of 1951 relating to equal remuneration f or men and 11.3 As per the results of Periodic Labour w omen w as ratified by the Gov ernment of India Forc e Survey (PLFS) c onducted by National in the year 1958. To give effect to the Sample Surv ey Off ice, Ministry of Statistics and Cons titutional provisions and also to ensure the Programme Implementation during 2017-18, the enforcement of ILO Convention No.100, the Equal

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Remuneration Act w as enacted on 1976. Amendment in Maternity Benefit Act, 1961

EQUAL REMUNERATION ACT, 1976 11.9 The Government is sensitive to the need f or f amily and s oc ial polic ies aimed at 11.6 The Equal Remuneration Act, 1976 reconc iling w ork and f amily obligations. The prov ides f or pay ment of equal remuneration to Government has amended the Maternity Benefit men and w omen w orkers for same w ork or w ork Ac t 1961 in the year 2017 vide enactment of of s imilar nature w ithout any discrimination and Maternity Benefit (Amendment) Act 2017 w hich also prevent discrimination against w omen inter-alia provides for increas ed paid maternity employ ees w hile making rec ruitment f or the leave from 12 w eeks to 26 w eeks and provisions same w ork or w ork of similar nature, or in any for facility of crèche in the establis hments having condition of serv ice subsequent to recruitment 50 or more employ ees. suc h as promotions , training or transf er. The prov isions of the Act have been extended to all Training of Women Workers categories of employment. The Act is implemented at tw o levels viz. Central level and 11.10 In tune w ith Government of India’s State level. At the Central sphere, the stress on empowering the women workers, enforcement of the act is entrusted to the Chief special efforts w ere made by Dattopant Thengadi Labour Commissioner (Central) w ho heads the National Board for Workers Education & Central Industrial Relations Machinery (CIRM). A Development (erstw hile Central Board of Central Advisory Committee (CAC) on Equal Workers Education) to have more participation Remuneration Act, 1976 under the Chairmanship of Women Workers in Board’s various training of Hon’ble Minister of Labour & Employment has programmes. During the y ear 2018-19 (upto been constituted for review ing the s teps taken November 2018) 1,36,896 w omen participated in for effective implementation of the Ac t. The last Board’s various training Programmes. Among meeting of the CAC w as held on 09.10.2018. 1,36,896 total w omen w orkers, 61,407 w ere from SC c ategory and 18,377 from ST Category. 11.7 In c ases w here the State Government are “appropriate authorities”, the enforcement of 11.11 The Dattopant Thengadi National Board the prov isions of Equal Remuneration Act is done for Workers Educ ation & Development (formerly by the of fic ials of State Labour Departments. CBWE) als o conducts 2-days special training Annual returns are called for by the s pecial cell programmes for w omen w orkers in w hich only in the Ministry from the State Governments in w omen partic ipants of various c ategories in order to monitor implementation of the Act. The unorganized sector are enrolled. Till November, State Governments/Union Territories are being 2018, 312 s uch special programmes for w omen advised from time to time to ensure more w orkers w ere conducted in w hich 11901 rigorous enf orcement of the Act so as to improve numbers of w orkers partic ipated. The w omen the condition of w omen w orkers. are made aw are about their rights and duties, and provisions under various Labour Legislation 11.8 A complaint Committee to deal w ith the in respect of women and child w elfare and various complaints of s ex ual harassment of w omen other provisions of the Central and State employees at w orkplace of Ministry of Labour & Government related to w omen f or upliftment of Employment and its attached offic es has been w omen and children i.e. on health and hygiene, reconstituted total care etc.

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11.12 The VV GNLI, w hich is the training, ASSISTANCE TO WOMEN JOB SEEKERS research and policy institute of the Ministry of Labour & Employment, conducts various NCS Features for Women customized training programmes on labour and employment issues for w omen w orkers 11.14 In order to promote w omen (particularly for unorganized w orkers) on regular empow erment, National Career Servic e (NCS) basis. In Year 2017-18, V VGNLI c onducted 11 assis ts by prov iding various features for helping training programmes exclusively for women w omen connect w ith the right opportunities. A w orkers w ith total participants of 234. specific title “Jobs for Women” has been featured on NCS Portal Home Page to help them eas ily CHILD CARE CENTRES search and apply to relevant jobs. Job Fairs and Events are conducted for w omen centric jobs, 11.13 Statutory provisions hav e been made eg: Model Career Centre, Coimbatore conducted in c ertain Labour law s f or organizing child care a Job Fair ex clusively for teachers in June, 2019. centers for the benefit of w omen w orkers. These Als o, f unctionality has been prov ided on NCS include Factories Act, 1948, the Beedi & Cigar w herein household users can reach out to Local Workers (Conditions of Employ ment) Act, 1966, Service Providers like plumbers, electric ians, the Mines Act, 1952, the Plantation Act, 1951 and cooks, beauticians etc. in their locality. the Building and other Construc tion Workers (Regulation of Employment and Conditions of 11.15 The Employment Exchanges take Service) Act, 1996. The Government has spec ial care to c ater to the job needs of w omen amended the Maternity Benefit Act 1961 in the regis tered w ith them. For the period from 1s t st year 2017 vide enactment of Maternity Benefit January 2015 to 31 Dec ember 2015, 59900 (Amendment) Ac t 2017 w hich inter-alia provides w omen w ere placed in various employments. for paid maternity leave of 26 w eeks and provisions for facility of crèche in the 11.16 The Employment Exchanges take es tablishments having 50 or more employees spec ial care to c ater to the job needs of w omen Detailed provis ions of the amended Maternity registered w ith them. The placement made by Benefit Act have been giv en in the table attached the employ ment exchanges is given at Chapter- to this chapter. 24 (table 24.1).

Table 11.1

EMPLOYMENT OF WOMEN – PROTECTIV E LEGAL PROV ISIONS

Name of the Enactment Protective Provisions 1. The Beedi & Cigar Workers Prov ision of Crèches: In every industrial premis es w herein (Conditions of Employment) more than thirty female employees are ordinarily employed, Act,1966 they shall be prov ided and maintained a suitable room or rooms for the use of children under the age of six years of such female employ ees.

2. The Plantation Labour Act, 1951  Provision of crèches in every plantation w herein fifty or more w omen workers (including w omen w orkers employed by any contractor) are employed or w here the number of children

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of w omen w orkers (including w omen w orkers employed by any c ontractor) is tw enty or more.

 Definition of family has been made gender neutral so as to remove distinction betw een the family of male and female w orkers for availing dependent benefits. Family also includes dependent w idow sister of a f emale w orker as w ell as male w orker.

 To c over all aspec ts of s afety and occupational health of w orkers, s pecific ally w omen and adolescents w orking in plantations, a new chapter pertaining to the use of handling, storing or transporting chemicals, insectic ides and tox ic subs tances used in the plantations has been added.

3. The Contract Labour (Regulation  Provision of separate rest rooms or alternative & Abolition) Act, 1970 ac commodations for w omen employees in ev ery place w herein contract labour is required to halt at night.

 Prov ision of separate reserved portion of dining hall and serv ice counter.

 Provision of separate w ashing places and latrines for w omen to secure privacy.

 Provision of c rèches w here tw enty or more w omen are ordinarily employed as contract labour.

4. The Inter State Migrant  Prov ision of crèches for the benefit of w omen w orkers in Workmen (Regulation of establishments w herein twenty or more w omen are Employment & Conditions of ordinarily employ ed as migrant w orkers is likely to continue Service) Act, 1979 for three months or more.

5. The Factories Act, 1948  Provision of crèches in every factory w herein more than thirty w omen w orkers are ordinarily employed.

 Employ ment of w omen in f ac tory is prohibited exc ept betw een the hours of 6.00 A.M. to 7.00 P.M. How ever, in exceptional circumstances, Employment of women is permitted upto 10.00 P.M.

 Employment of w omen is also prohibited/restricted in certain factories involving dangerous operations

 No w omen shall be allow ed to c lean, lubricate or adjus t any part of prime mov er w hile it is in motion

 No w omen shall be employ ed in any part of a factory for pres sing c otton in w hich a cotton opener is at w ork

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6. The Mines Act, 1952  The Central Government vide Notification dated 29th January, 2019 exempted the Women employed in mines from the provision of section 46 of the Mines Ac t, 1952 and allow ed deployment of w omen in the mine above ground including opencast w orkings betw een the hours of 7 PM to 6 AM and w omen employed in tec hnical, supervisory and managerial cadre betw een 6 AM and 7 PM in any mine below ground, subject to obtaining written consent of the concerned Women employee, deployment in groups and prov ision of adequate fac ilities and safeguards regarding oc cupational s af ety, s ec urity and health. Prov is ion of separate toilets and w ashing fac ilities for w omen w orkers is also part of the Act. 7. The Maternity Benefit Act, 1961 Follow ing benefits are available under the Maternity Benefit Act,1961:-

 26 w eeks of maternity leave out of w hich eight w eeks before the expected date of delivery for upto 2 surviving children. For more than tw o children and for adopting/c ommissioning mothers, 12 w eeks of paid maternity leave.

 One month maternity leave to a w oman w orker suffering from illness arising out of pregnancy, delivery, premature birth of child (mis carriage, medical termination of pregnancy or tubectomy operation).

 Two nursing breaks of 15 minutes until the child attains the age of 15 months.

 Medical Bonus of Rs.3500/- if no prenatal conf inement and post-natal care is provided by the employer free of charge.

 Light w orks f or 10 w eeks.

 Immunity f rom dismissal during absence of pregnancy.

 No deduc tion of w ages of w oman entitled to maternity benefit.

 Facility of w ork from home’

 Facility of crèche if 50 or more employ ees are w orking in the establishment w ith daily four vis its.

8. The Equal Remuneration  Payment of equal remuneration to men and w omen w orkers Act, 1976 for same or similar nature of w ork protected under the Act.· No discrimination is permissible in recruitment and service conditions except w here employment of w omen is prohibited or restricted by or under any law.

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9. Employee’s State Insurance The benefits available under ESI Scheme are as under:-· Act 1948 read w ith The  Medical Benefit Employee’s State Insurance  Sickness and extended sickness benefit (Central) Regulation, 1950  Maternity benefit i) 26 w eeks of paid leave for upto 2 children ii) 12 w eeks for more than 2 children, adopting and commissioning mothers. iii) 6 w eeks for miscarriage. iv) Additional month leave for sickness arising out of pregnancy. v) Medical bonus of Rs. 5000/-

 Dis ablement benef its

 Dependent benef its

 Funeral Benef its.

10 The Beedi Workers Welfare  Appointment of w omen member in the Advisory and Central Fund Act, 1976 Advis ory Committee is mandatory under the Acts at Sl. No.10-13 11. The Iron Ore Mines, Manganese Ore Mines and Chrome Or Mines Labour Welf are Fund Act, 1976 12. The Lime Stone and Dolomite Mines Labour Welfare Fund Act, 1972 13. The Mica Mines Labour Welf are Fund Act, 1946

14. The Building and Other  Representation of a w omen member on Building and other Cons truction Workers (Regulation Cons truction Worker Welf are Boards.

of Employment and Conditions  Prov isions for maternity benef it to female beneficiaries of of Service) Act, 1996 the Welfare Fund.

 Provision for crèches w here more than 50 female construction w orkers are ordinarily employed, for the use of children under the age of six years of such female w orkers.

15. The Industrial Employment  Prov ision regarding safeguards against sexual harass ment (Standing Orders) Act, 1946 of w omen w orkers at their w ork places.

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CHAPTER-12 CHILDREN AND WORK

Introduction covering those w orking in other occupations also. On the one hand, it provides for legal action for 12.1 Government of India stands committed enforcement purposes and on the other, focuses to the elimination of child labour in the country. on general dev elopment programmes for the Our Constitution provides for protection of economic empowerment of the families of children from inv olvement in ec onomic activities children as w ell as project based action in areas and avocations unsuited to their age and this is of high conc entration of c hild labour. prov ided for in the Fundamental Rights (Article- 24). Direc tiv e Princ iples of State Policy in the National Child Labour Policy (NCLP) Constitution also strongly reiterate this 12.3 Constitutional and legislative provisions c ommitment. providing protection to children against CONSTITUTIONAL PROV ISIONS: employment has been elaborated in the National Child Labour Polic y announc ed in 1987. The Article 21 A : Right to Education policy address es the c omplex is sue of c hild The State shall prov ide f ree and compulsory labour in a comprehensive, holistic and integrated education to all children of the age of 6 to 14 years manner. The action plan under this policy is multi- in such manner as the State, by law, may pronged and mainly consists of: determine. (i) A legislative ac tion plan; Article 24 : Prohibition of employment of (ii) Focuses on general development children in factories, etc. programmes for the benef it of the families No child below the age of 14 years shall be of c hildren; and employ ed in w ork in any f ac tory or mine or (iii) Project-bas ed action plan in areas of high engaged in any other haz ardous employment. conc entration of child labour. Article 39 : The State shall, in particular, Legal Protection of Children at Work direct its policy tow ards securing:- 12.4 The Child and Adolescent Labour (e) that the health and strength of w orkers , men (Prohibition & Regulation) Act, 1986 as amended and w omen, and the tender age of children are in 2016 inter-alia covers complete prohibition on not abused and that citizens are not forced by employment or w ork of children below 14 y ears economic nec essity to enter avocations unsuited of age in all occ upations and process es; linking to their age or strength. the age of the prohibition of employment w ith the 12.2 Realizing the multifaceted nature of this age for free and compulsory education under Right to Educ ation A ct, 2009; prohibition on problem, the Gov ernment has embarked on a holistic and multi-pronged approach to eliminate employment of adolescents (14 to 18 years of age) in hazardous occupations or processes and child labour from the country in a phased manner, beginning w ith c hildren w orking in hazardous making stric ter punishment for the employers contravening the provisions of the Act. occupations and processes and progressively

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12.5 The Child Labour (Prohibition & majority of the c ountries w ho have adopted the Regulation) Amendment Rules, 2017 inter alia cover legislation to prohibit and place severe restrictions provision for prevention, rescue and rehabilitation on the employment and w ork of children. and convergence, definition of “help” in the family 12.9 Government is also laying lot of stress enterprises ow ned by the family of the child and on the enf orcement of the Child and Adoles cent regulation of child artists to ensure their safety and Labour (Prohibition & Regulation) Act, 1986. For security. The Rules also provides for District Nodal violation of the provisions under the Act, during Officer (DNO) and Task Force under the the last 6 years (2013-18) about 14.34 lakh chairmanship of District Magistrate to ensure that inspections w ere carried out, resulting in the provisions of the Act are properly enforced. approximately 0.10 lakh prosecutions out of w hich 12.6 The Act defines the jurisdiction of both more than 4530 convictions w ere obtained. Central and State Governments in implementing 12.10 The Standard Operating Procedure the Act. The Central Government is the (SOP) framed by the Ministry w orks as a ready “appropriate Government” in relation to reckoner for trainers, practitioners and monitoring establishments under the control of the Central agencies to ensure complete prohibition of c hild Government or a railw ay administration or a major labour and protection of adolescents from port or a mine or oilf ield. In all other cases, the haz ardous labour ultimately leading to Child State Government is the “appropriate Labour Free India. The online portal PENCiL Gov ernment”. The State Ac tion Plan issued by (Platform f or Eff ective Enforcement f or No Child the Ministry enumerates the actions arisen on the Labour) developed by the Minis try provide f or a part of State Governments/UTs after enactment mechanism for both enforcement of the legislative of the Amendment Act. provisions and effec tive implementation of the 12.7 The Schedule of hazardous National Child Labour Project (NCLP). The Portal occupations and proc esses of the Ac t is div ided has c omponent like Complaint Corner, State in tw o parts namely ‘Part A’ c overing a list of Government, NCLP, Child Tracking System, and hazardous occupations and processes in w hich Convergence. Now complaint of child labour can adolescents are prohibited to w ork and children be registered elec tronically on the Portal to the are prohibited to help in family or family concerned Dis tric t Nodal Of ficers (DNOs) f or enterpris es and ‘Part B’ c overing an additional taking prompt action. list of occupations and processes w here children Proje ct Based action are prohibited to help in family or family enterprises (in addition to ‘Part A’). The rev ised 12.11 Gov ernment had started the National schedule of the Act is at Annexur e 12.1. Child Labour Project (NCLP) Scheme in 1988 to rehabilitate w orking children in the c hild labour 12.8 After making suitable amendment in the endemic dis tricts of the country. As on date the Child Labour (Prohibition & Regulation) A ct, in Scheme is sanctioned in 323 districts of India. 2016 India ratified ILO conventions No.138 The list of distric ts in w hich Special Training (minimum age of entry to employment) and 182 Centres for child labour sanc tioned under NCLP (w orst form of child labour) on 13.06.2017. The Scheme is at Table 12.2. ratific ation of the Convention No.138 and 182 w ould move a s tep ahead in the direction of 12.12 The NCLP sc heme is a Central Sector achieving the goal of eradication of c hild labour scheme. Under the scheme, project societies are from the country as it w ould be legally binding to set up at the district level under the comply w ith the provisions of the Conventions. Chairpersonship of the Collector/District By ratifying these tw o core conventions, India join Magistrate for ov erseeing the implementation of

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the projec t. Under the NCLP Scheme, children Monitoring of the NCLP Scheme in the age group of 9-14 years, w ithdraw n from 12.14 A Central Monitoring Committee under w ork are put into Special Training Centers, w here the Chairpersons hip of Sec retary, Minis try of they are provided w ith bridge education, Labour & Employment, exists for the overall vocational training, mid-day meal, stipend, health- supervision and monitoring, of the National Child care fac ilities etc . and finally mainstreamed to Labour Projects. State Governments have also the formal education sys tem. Children in the age been advised to set up State Level Monitoring group of 5-8 years are directly linked to the formal Committees similar to the Central Monitoring educ ation system through a close coordination Committee. w ith the Sarva Shiksha Abhiyan (SSA). Adolescent labour identified in the age group of 12.15 To ensure involvement of State 14 to 18 years w orking in hazardous occupations Government in implementation and monitoring of /process are provided w ith vocational training the NCLP Sc heme and to make aw arenes s opportinites through ex is ting sc heme of s kill generation activities to curb the menace of c hild developments. In addition, efforts are also made labour it has been decided to form State Resource to target the families of these children so as to Centre (SRC) in every State/UT under the cover them under various developmental and Chairmans hip of State Labour Secretary. The inc ome/employ ment generating programmes of PENCil portal dev eloped by the Ministry connect the Government to raise the economic standard Central Governments, Districts and all Project of the family. Further, under the Scheme the Societies. The SRCs w ill coordinate and monitor Ministry funds aw areness generation campaigns the implementation of the NCLP Scheme in their against the evils of child labour and enforc ement respective State through PENCiL portal and also of c hild labour law s through electronic and print udate its reports on the portal. media. At present, there are around 3000 NCLP Revis ion of the NCLP Scheme training centers being run in the country w ith an enrolment of approximately 1.20 lakh c hildren. 12.16 Government has enhanced the amount Since inception about 13.00 lakh w orking children of s tipend from Rs.150/- to Rs.400/- per month have already been mainstreamed to regular per c hild, rates of honorarium for volunteers and educ ation system under the NCLP Scheme. other parameters of the scheme. Further, the 12.13 The year-w ise budget allocation and volunteers involv ed in the scheme w ould be expenditure incurred under the sc heme during provided incentive on the basis of their last five years are as under: perf ormanc e. This new initiative w ould motivate them to improve their quality and eff ic ienc y. (in crores) Government has simplified the guidelines f or Year Budget Allocation Expenditure implementation of NCLP Scheme and decided (Final Grant) to ex pand the c overage of the Scheme in all districts having incidenc e of child labour. The 2013-14 111.00 110.73 Minis try of Labour & Employment has issued 2014-15 110.87 102.34 instructions to State Governments for conducting 2015-16 99.45 93.20 surv ey on child labour in suc h districts w here 2016-17 105.00 104.73 there is a possibility of inc idence of child labour. 2017-18 95.17 94.03 Convergence of government programmes 2018-19 89.99 89.99 12.17 As Child labour is an outcome of various s oc ial ec onomic problems s uc h as pov erty,

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economic backw ardness, lack of access to basic realignment of the NCLP Scheme w ith the services, illiteracy etc, the Government is taking provisions of RTE Act, 2009. Minis try of Human very focused and concerted efforts tow ards the Resource Dev elopment vide their letter No. 10-4/ conv ergenc e of the on-going dev elopmental 2009-EE.4 dated 2.7.2010 intimated that the NCLP schemes at the Central Government, State Schools can serve as spec ial training centers for Government and the District level. Government un-enrolled and out of school children in of India initiatives to bestow certain rights and accordance w ith the provisions of Section 4 of the schemes for Employment Generation and Social RTE Act and Rule 5 of the Right of Children for Security are all part of the efforts to eliminate child free and compulsory education (RTE) Rules, 2010. labour. Under the revised NCLP guidelines, much Supreme Court Judgement on Child Labour emphasis has been given for its convergence w ith Serva Siksha Abhiyan (SSA) and other schemes. 12.20 Hon’ble Supreme Court of India has School uniforms and text books to each child in issued various directions to the State the NCLP schools (STCs) is sought for under SSA Governments from time to time. Some of these w hereas nutritious cooked mid-day meal is directions are: ensured though Mid-Day Meal (MDM) scheme of  completion of survey of children the Government. The provision of primary health w orking in hazardous employments; care including health check-ups and maintenance of health cards is also provided through School  pay ment of compensation amounting Health Programme under NRHM. to Rs.20,000/- by the offending employer for every child employed in 12.18 The educational rehabilitation of the contravention of the provisions of the children is also to be supplemented w ith Act; ec onomic rehabilitation of their families. The  giving alternative employment to an Government is adopting a s equential approach adult member of the child w ithdraw n w ith focus on proper rehabilitation of not only the from the haz ardous oc cupations or w orking children but their families also through payment of an amount of Rs.5,000/- for revised NCLP scheme and convergence of each child employed in hazardous various developmental schemes of the employment by the appropriate Government. Ministry of Women and Child Government; Development is to provide for f ood and shelter to the children w ithdraw n from w ork through their  payment of interes t on the corpus of Rs.25,000/- (Rs.20,000/- by the schemes of Shelter Homes, etc as part of the employer and Rs.5,000/- by the Integrated Child Protection Programme. Ministry appropriate Government) to the family of Rural Development is to provide employ ment of the child w ithdraw n from w ork; opportunities to the parents of the children near their place of residence under MGNREGA.  prov ision of educ ation in a s uitable Ministry of Consumer Affairs, Food and Public institution for the child w ithdraw n from Distribution is to provide subs idized food grains w ork; under the Food Security Act.  constitution of the Child Labour Re-alignment of NCLP Scheme w ith RTE Act, Rehabilitation-c um-Welfare Fund; 2009  constitution of a s eparate cell in the Labour Department of the appropriate 12.19 With the enactment of Right to Government for the purpose of Education Ac t, 2009, there has been a need for monitoring.

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Provision of Child & Adolescent Labour (iii) w ork relating to manufacturing, Rehabilitation Fund: handling, grinding, glaz ing, c utting, polishing, w elding, moulding, electro- 12.21 In order to give the statutory bac k up for plating, or any other process involving the rehabilitation Fund, the Government has made inf lammable substanc es; a provision in the Child Labour (Prohibition & Regulation) Amendment Ac t, 2016 for constitution (iv) w as te management of inf lammable of Child & Adolescent Labour Rehabilitation Fund subs tances, explos ives and their by- at district level to ensure that child and adolescent produc ts; or is not only rescued but his future is secured by (v) natural gas and other related products. the amount c ollected in fund for his w elfare and Hazardous processes(serial numbers (3) to education. The amount of fine realized from the (31) below are as specified in the First employer of the c hild or adolesc ent s hall be Schedule of the Factories Act, 1948 (63 of credited in the rehabilitation Fund and an amount 1948)) of fifteen thousand w ill also be credited by the appropriate Government f or each of the child and (3) Ferrous Metallurgical Industries adolescents rescued from the w ork. (i) Integrated Iron and Steel; Annexure 12.1 (ii) Ferro-alloys; PART A (iii) Special Steels. Hazardous occupations and processes in (4) Non-ferrous Metallurgical Industries:Primary which adolescents are prohibited to work Metallurgic al Industries, namely zinc, lead, and children are prohibited to help copper, manganese and aluminium. (1) Mines and Collieries (underground and (5) Foundries (ferrous and non- underw ater) and related w ork in,- ferrous ):Castings and forgings including cleaning or smoothening or roughening by (i) stone quarries; sand and shot blasting. (ii) brick kilns; (6) Coal (including c oke) Industries: (iii) preparatory and incidental processes thereof including extraction, grinding, (i) Coal, Lignite, Coke, similar other cutting, splitting, polishing,collec tion, substanc e; cobbling of stones or lime or s late or (ii) Fuel Cases (including Coal Gas, silica or mica or any other such element Producer Gas, Water Gas). or mineral extracted from the earth; or (7) Pow er Generating Industries. (iv) open pit mines. (8) Pulp and paper (including paper products) (2) Inflammable s ubstanc es and ex plos iv es Industries. such as - (9) Fertilizer Industries: (i) production, storage or sale of fire crackers; (i) Nitrogenous; (ii) for manufacture, storage, sale, loading, (ii) Phosphatic; unloading or transport of explosives as (iii) Mixed. defined under the Explosives Act, 1884 (4 of 1884); (10) Cement Industries: Portland Cement

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(including slag cement, puzzolona cement (xii) Explosives (including industrial and their produc ts). explosives and detonators and fuses). (11) Petroleum Indus tries: (20) Insecticides , Fungic ides, Herbicides and other pesticides industries. (i) Oil Ref ining; (ii) Lubricating Oils and Greas es. (21) Synthetic Resin and Plastics. (12) Petro-chemical Industries. (22) Man-made Fiber (Cellulos ic and non- cellulosic) indus try. (13) Drugs and Pharmaceutical Industries: Narc otics, Drugs and Pharmac euticals. (23) Manufacture and repair of electrical acc umulators. (14) Fermentation Indus tries (Dis tilleries and Brew eries). (24) Glass and Ceramics. (15) Rubber (Synthetic Industries). (25) Grinding or glazing of metals. (16) Paints and Pigment Industries. (26) Manufac ture, handling and proces sing of asbestos and its products. (17) Leather Tanning Industries. (27) Extraction of oils and f ats from vegetable (18) Elec tro-plating Industries. and animal sourc es. (19) Chemic al Indus tries: (28) Manufacture, handling and use of benzene (i) Coke Oven By-products and substances containing benz ene. and Coaltar Distillation products; (29) Manufac turing processes and operations (ii) Industrial Gases (nitrogen, oxy gen, involving c arbon disulphide. acetylene, argon, carbon dioxide, (30) Dyes and dyestuff including their hydrogen, sulphur dioxide, nitrous intermediates. oxide, halogenated hydrocarbon, ozone, similar other gas); (31) Highly flammable liquids and gases. (iii) Industrial Carbon; (32) Proc ess inv olving handling and proces sing (iv) Alkalies and Ac ids; of hazardous and toxic chemicals as spec ified in Part-II of the Schedule Ito the (v) Chromates and dichromates; Manufacture, Storage and Import of (vi) Lead and its compounds; Hazardous Chemic al Rules, 1989. (vii) Electro c hemicals (metallic sodium, (33) Work in s laughter hous es and abattoirs potassium and magnesium, chlorates, including w ork w ith guillotines. per chlorates and peroxides); (viii) Electro thermal produces (artificial (34) Work involving exposure to radioactive abrasive, c alcium carbide); subs tances including electronic w aste and incidental process es therein. (ix) Nitrogenous c ompounds (cyanides, cyanamides, and other (35) Ship breaking. nitrogenous compounds); (36) Salt Mining or Salt Pan Work. (x) Phos phorus and its compounds; (37) Hazardous processes as specified in (xi) Halogens and Halogenated compounds Schedule IX to the Building and Other (chlorine, flourine, bromine and iodine);

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Construction Workers’ (Regulation of 12. circ us; Employ ment and Conditions of Service) 13. caring of Elephant; Central Rules, 1998. 14. pow er driven bakery mac hine; (38) Work in beedi-making or proc es sing of 15. shoe making. tobacc o including manufacturing, pasting and handling tobacco or any drugs or Processes psyc hotropic subs tance or alcohol in any 1. Carpet-w eaving including preparatory and form in food processing and beverage incidental proces s thereof; industry and at bars, pubs , parties or other 2. Cement manufacture, inc luding bagging of similar occasions that serve alcoholic cement; substanc es. 3. Cloth printing, dyeing and w eaving inc luding PART B processes, preparatory and incidental thereto; List of occupations and processes w here children ar e prohibited to help in family or 4. Shellac manufacture; family enterprises (in addition to PART A) 5. Soap manufacture; Occupations 6. Wool-cleaning; Any occupation concerned w ith - 7. Building and construction industry including proc essing and polishing of granite stones; 1. trans port of passengers, goods or mails by hauling and s tacking materials; carpentry; railways; masonry; 2. cinder pic king, clearing of an ash pit or 8. Manufacture of slate pencils (including building operation in the railw ay premises; pac king); 3. w ork in a catering establishment at a railw ay 9. Manufacture of products from agate; station, involving the movement of a v endor 10. Cashew and c ashew nut des caling and or any other employee of the es tablishment processing; from one platform to another or into or out of a moving train; 11. Metal cleaning, photo engraving and soldering processes in electronic industries; 4. w ork relating to the construction of a railw ay station or w ith any other w ork w here such 12. Aggarbatti manufacturing; w ork is done in close proximity to or 13. Automobile repairs and maintenance betw een the railw ay tracks; including processes incidental thereto 5. a port authority w ithin the limits of any port; namely, w elding, lathe w ork, dent beating and painting; 6. automobile w orkshops and garages; 14. Roof tiles units; 7. handloom and pow erloom indus try; 15. Cotton ginning and processing and 8. plas tic units and fiberglas s w orkshops; production of hosiery goods; 9. domestic w orkers or servants; 16. Detergent manuf acturing; 10. dhabas (roads ide eateries), res taurants, 17. Fabrication w orks hops (ferrous and non- hotels, motels, resorts; ferrous); 11. diving; 18. Gem cutting and polishing;

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19. Handling of chromite and manganese ores; 37. Skinning, dyeing and processes for 20. Jute textile manufacture and coir making; manufacturing of leather and leather products; 21. Lime kilns and manufacture of lime; 38. Tyre making, repairing, re-treading and 22. Loc k making; graphite beneficiation; 23. Manufacturing processes having exposure 39. Utensils making, polishing and metal buffing; to lead suc h as primary and s ec ondary smelting,w elding and cutting of lead-painted 40. ‘Zari’ making and processes involving the metal constructions, w elding of galvanized use of zari (all process es); or zincsilicate, polyvinyl chloride, mixing (by 41. Graphite powdering and incidental hand) of crystal glass mass, sanding or processing; sc raping of leadpaint, burning of lead in 42. Grinding or glazing of metals; enamelling w orkshops, lead mining, 43. Diamond cutting and polishing; plumbing, c able making, w irepatenting, lead casting, type founding in printing shops. shot 44. Rag picking and s cavenging; making and lead glass blow ing; 45. Mechanized fishing; 24. Manufacture of cement pipes, cement 46. Food process ing; produc ts and other related w ork; 47. Beverage industry; 25. Manufacture of glass, glass w are including 48. Cultivating, sorting, drying and packaging in bangles, florescent tubes, bulbs and other spic e indus try; similar glas s products; 49. Timber handling and loading; 26. Manufacturing or handling of pesticides and insecticides; 50. Mec hanic al lumbering; 27. Manufacturing or proces sing and handling 51. Warehousing; of corrosive and toxic substances; 52. Massage parlours , gymnasiums, or other 28. Manufacturing of burning c oal and coal recreational centres, or in medical f acilities; briquettes; 53. Operations involving the follow ing dangerous 29. Manuf ac turing of s ports goods involving machines :- exposure to synthetic materials , chemicals (a) hoists and lifts; and leather; (b) lifting machines , chains , ropes and 30. Oil expelling and refinery; lifting tackles; 31. Paper making; (c) revolving machinery; 32. Potteries and ceramic industry; (d) pow er presses; 33. Polis hing, moulding, cutting, w elding and (e) machine tools used in the metal trades; manufacturing of brass goods in all forms; 54. Compos ing ty pes for printing, printing by 34. Processes in agric ulture w here trac tors, letter press, lithography, photograv ure or threshing and harvesting machines are used other s imilar process or book-binding, as and chaff cutting; spec ified in sub-clause (iv) of clause (k) of 35. Saw mill – all process es; section 2 of the Factories Act, 1948.” 36. Sericulture process ing;

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Table 12.2

CONSOLIDATED LIST OF DISTRICTS STATE-WISE UNDER THE NCLP SCHEME

Sl. Name of State No. of Name of District No. Sanctioned Districts 1. Andhra Pradesh 13 Anantapur, Chittor, Kadapa, Guntur, Kurnool, Nellore, Prakasam, Srikakulam, Vizianagaram, Vishakhapatnam, West Godavari, Eas t Godavari, and Kris hna. 2. Ass am 5 Nagaon, Kamrup, Bongaigaon, Nalbari and Lakhimpur 3. Bihar 24 Nalanda, Saharsa, Jamui, Katihar, Araria, Gaya, East Champaran, Wes t Champaran, Madhepura, Patna, Supaul, Samastipur, Madhubani, Darbhanga, Muzaffarpur, Naw ada, Khagaria, Sitamarhi, Kishanganj, Begusarai, Banka, Saran, Purnia and Bhagalpur 4. Chhattisgarh 8 Durg, Bilas pur, Rajnandgaon, Surguja, Raigarh, Raipur, Dantew ada and Korba 5. Gujarat 9 Surat, Panchmahals, Kutch (Bhuj), Banaskantha, Dahod, Vadodara, Bhavnagar, Ahmedabad and Rajkot 6. Haryana 3 Gurgaon, Faridabad and Panipat 7. Jammu & Kas hmir 3 Srinagar, Jammu and Udhampur 8. Jharkhand 9 Garw ha, Sahibganj, Dumka, Pakur, West Singhbhum (Chaibasa), Ranchi, Palamu, Gumla and Hazaribagh 9. Karnataka 17 Bijapur, Raichur, Dharw ad, Bangalore Rural, Bangalore Urban, Belgaum, Koppal, Devangere, Mys ore, Bagalkot, Chitradurga, Gulbarga, Bellary, Kolar, Mandya, Havery and Tumkur 10. Madhya Pradesh 22 Mandsaur, Gw alior, Ujjain, Barw ani, Rew a, Dhar, East Nimar(Khandw a), Rajgarh, Chhindw ara, Shivpuri, Sidhi, Guna, Shajapur, Ratlam, West Nimar(Khargon), Jhabua, Damoh, Sagar, Jabalpur, Satna, Indore and Katni. 11. Maharashtra 18 Solapur, Thane, Sangli, Jalgaon, Nandurbar, Nanded, Nasik, Yavatmal, Dhule, Beed, Amravati, Jalna, Aurangabad, Gondia, Mumbai Suburban, Pune, Buldana and Parbhani. 12. Nagaland 1 Dimapur 13. Odis ha 24 Angul, Balasore, Bargarh, Bolangir, Cuttack, Deogarh, Gajapati (Udayagiri), Ganjam, Jhars uguda, Kalahandi, Koraput, Malkangiri, Mayurbhanj, Nabarangpur, Nuapada, Rayagada, Sambalpur, Sonepur, Jajpur, Keonjhar,

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Dhenkenal, Khurda, Nayagarh and Sundergarh. 14. Punjab 3 Jalandhar, Ludhiana and Amrits ar 15. Rajas than 27 Jaipur, Udaipur, Tonk, Jodhpur, Ajmer, Alw ar, Jalore, Churu, Nagaur, Chittaurgarh, Bansw ara, Dhaulpur, Sikar, Dungarpur, Bharatpur, Bikaner, Jhunjhunu, Bundi, Jhalaw ar, Pali, Bhilw ara, Sri Ganganagar, Barmer, Dausa, Hanumangarh, Kota and Baran. 16. Tamil Nadu 18 Chidambaranar/Toothikudi (Tuticorin), Coimbatore, Dharmapuri, Vellore, Salem, Tiruchirapallli, Tirunelveli, Krishnagiri, Chennai, Erode, Dindigul, Theni. Kanchipuram, Thiruv annamallai, Tiruv allur, Pudukkottai, Nammakkal and Virudhunagar. 17. Telangana 31 Hyderabad, Karimnagar, Khammam, Nizamabad, Rangareddy, Warangal, Nalgonda, Medak, Mehbubnagar, Adilabad, Manc herial, Nirmal, Komuram Bheem Asif abad, Jagtiyal, Warrangal (Urban), Jayas hankar Bhupalpally, Jangaon, Sangareddy, Siddipet, Wanaparthy, Nagarkurnool, Jogulambab Gajw al, Sury apet, Medc hal Malkajgiri, Vikarabad, Mahabubabad, Pedapally, Rajanna Sirc illa, B.Kothagudem, Y.Bhuvanagiri and Kamareddy. 18. Uttar Pradesh 55 Varanas i, Mirzapur, Bhadohi (Sant Rav i Das Nagar), Bulandshahar, Saharanpur, Azamgarh, Bijnour, Gonda, Kheri, Bahraich, Balrampur, Hardoi, Barabanki, Sitapur, Faiz abad, Badaun, Gorakhpur, Kus hinagar, Kannuaj, Shajahanpur, Rae Bareli, Unnao, Sultanpur, Fatehpur, Shravas ti, Pratapgarh, Bas ti, Sonebhadra, Mau, Kaushambi, Banda, Ghaziabad, Jaunpur, Rampur, Bareilly, Lucknow, Meerut, Etawah, Agra, Ghazipur, Mathura, Etah, Moradabad, Allahabad, Kanpur Nagar, Aligarh, Ambedkar NagarBalia, Gautambudh Nagar, Hapur, Jhansi, Lalitpur, Mainpuri, Sambhal and Ferozabad. 19. Uttarakhand 13 Dehradun, Chamoli, Nainital, Champaw at, Almora, Haridw ar, Tehri Garhw al, Pauri Garhw al, Udham Singh Nagar, Pithoragarh, Rudraprayag, Bageshw ar and Uttarkashi. 20. Wes t Bengal 19 Burdw an, North Dinajpur, Dakshin Dinajpur, North 24- Parganas, South 24-Parganas, Kolkata, Murshidabad, West Midnapore, Maldah, Bankura, Purulia, Birbhum, Nadia, Hoogli, How rah, Jalpaiguri, Cooc h Behar, East Midnapore and Darjeeling. 21. Delhi 1 NCT of Delhi Total 323

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CHAPTER-13 OCCUPATIONAL SAFETY & HEALTH (OSH)

Directorate Gene ral Factor y Advice Service 13.3 The Central Labour Ins titute in Mumbai & Labour Institutes (DGFASLI) started w orking from 1959 and w as shifted to its pres ent premises in February’ 1966. Over the A. The Organisation years, the Institute has grow n and assumed the status of a major National Res ource Centre w ith 13.1 The Directorate General Factory Advice the follow ing divisions: Service & Labour Institutes (DGFASLI), Mumbai w hich is an attached of fice of the Ministry of  Industrial Safety Labour & Employment, functions as a technical  Industrial Hygiene arm of the Ministry in regard to matters concerned w ith safety, health and w elfare of w orkers in  Industrial Medicine factories and ports. It assists the Central  Industrial Physiology Government in formulation/review of policies and  Industrial Psychology legislations on oc cupational safety and health in factories and ports, maintains a liaison with  Industrial Ergonomics Factory Inspectorates of States and Union  Environmental Engineering Territories in regard to the implementation and  Staff Training enforcement of provisions of the Factories Act,  Small Scale Industries Cell 1948; renders advice on technical matters, enforces the Dock Workers (Saf ety Health &  Productivity Welf are) A ct, 1986; undertakes res earc h in  Major Hazards & Chemical Safety industrial safety, occupational health, industrial  Management Information Services hygiene, industrial psychology etc.; and provides training, mainly, in the field of industrial safety and  Safety and Health Communication health inc luding one y ear Diploma Cours e in  Construction Safety Industrial Safety, three-months Certificate Course in Industrial Health (Associate Fellow of Industrial 13.4 The different div isions at the Institute Health -AFIH), 5-w eekSpecialized Certificate undertake activ ities such as carry ing out Studies Course in Safety and Health for Supervis ory and Surv eys, organizing training programmes, Personnel working in Hazardous Process seminars and w orkshops, rendering s ervic es, Industries. such as, technical advice, Safety Audits, tes ting and issuance of performance reports for personal 13.2 The DGFASLI organisation comprises protective equipment, delivering talks, etc. of the headquarters; fiv e Labour Institutes and 11 Inspectorates of Dock Safety in Major Ports. 13.5 The Regional Labour Institutes (RLIs) The Headquarters in Mumbai has three divis ions/ located in Kolkata, Chennai, Kanpur and cells, namely, Factory A dvice Service Divis ion, Faridabad are serving the respective regions of Dock Safety Division and an Aw ard Cell. the country. Each of these institutes has the follow ing divisions / sections:

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 Industrial Safety factories from industrial and occupational  Industrial Hygiene hazards. The State Gov ernments and Union Territory A dminis tration frame their Rules under  Industrial Medicine the Act and enforce provisions of the Act and  Staff Training and Productivity Rules through their Factory Inspectorates/  Safety and Health Communication Directorates.  Major Hazards & Chemical Safety 13.9 The Ministry of Labour and Employment is acc ountable to the Parliament for 13.6 The Inspectorates of Dock Safety are established at 11 major ports of India viz. Kolkata, proper enforcement of the Act. Uniformity in the application of the provisions of the Act in various Mumbai, Chennai, Visakhapatnam, Paradip, Kandla, Mormugao, Tuticorin, Cochin, New States and Union Territories is ac hiev ed by circulating the Model Rules prepared by Mangalore and Jaw aharlal Nehru Port. The Inspectorate of Dock Saf ety at Ennore Port is in DGFASLI, w hich are incorporated by them in their State Factories Rules with necessary the process of being set up. modifications to s uit loc al needs. In the tas k of 13.7 The manpower inventory of the framing the Model Rules, the DGFASLI, on behalf organization as on 30.09.2018 is giv en in box as of the Ministry of Labour and Employment, enlists below : the c ooperation and involvement of the State Governments by convening annually a Staff Position of DGFASLI Conference of Chief Inspectors of Factories (CIF) of the states and UTs. The Conference Units Technical Adminis Total discusses all matters relating to the trative administration of the Act as w ell as proposed Sanctio Work Sancti Work Sancti Work amendments. Besides, the Conference also ned ing oned ing oned ing serves as a forum for discussion of the progress Head 12 8 45 30 57 38 made in the techniques and methods of quarters prevention of accidents and ill health in f actories. CLI, 49 30 69 41 118 71 The Model Rules are being upgraded in Mumbai cons ultation w ith the CIFs. 4 61 43 80 38 141 81 RLIs II. Dock Safety Dock- 28 18 28 10 56 28 Safety Ins pec 13.10 The Dock Workers (Safety, Health and torates Welf are) A ct, 1986 w as enacted on 14th April’ Total 150 99 222 119 372 218 1987. The Dock Workers (Safety, Health and Welf are) Rules , 1989 and Regulations, 1990 B. Activities of the Organisation w ere framed under this Act. The act and regulations cover the s afety, health & w elfare I. Safety and Health in Factories as pects of dock w orker engaged in loading, 13.8 The Factories Act, 1948 is the principal unloading & transportation of cargo, including the legislation for regulating various aspects relating w ork incidental to dock w ork. In addition, the to safety, health and w elfare of w orkers employed Manufacture, Storage and Import of Hazardous in factories . This Ac t is a Central Enactment, Chemicals Rules, 1989 framed under the w hic h aims at protecting w orkers employed in Environment (Protection) Ac t, 1986 are also

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enforced by DGFASLI in the major ports of India (a) Activities- Performed through the Inspectorates of Dock Saf ety. 1. Enforcement activities (various inspections, 13.11 Administration of the Act and the inves tigations, prosecutions, promotional Regulations in major ports is c arried out by the activ ities etc .) w ere c arried out by the Dock Ministry of Labour & Employment, through Safety Inspectorates at all major ports for DGFASLI, Mumbai. The Director General is the the adminis tration and enforcement of the Chief Inspector of Dock Safety appointed under Dock Safety statutes. the Act. The Chief Inspector of Dock Safety is 2. Organized 03 refresher training w orks hops also an authority for enforcement of the on “Testing, Examination & Certification of Manufacture, Storage and Import of Hazardous Lifting Appliances, Loose Gears and Wire Chemicals Rules, 1989 framed under the Ropes” for competent pars ons. Environment (Protection) Act, 1986 in the major ports. 3. Organis ed the 14th meeting of A dvisory Committee 13.12 The above statutes are enforced by the Inspectors posted at Ins pectorate of Doc k Safety 4. Organised one day National Workshop on at all the major ports viz. Mumbai, Kolkata, “Emerging trend/ Tec hnology in Tes ting, Chennai, Kandla, Mormugao, New Mangalore, Examination and certification of Lifting Coc hin, Tutic orin, Visakhapatnam, Paradip and Appliances, Loose Gears, Wire Ropes , etc., Jaw aharlal Nehru Port except Ennore w here the for competent pers ons. Inspec torate is being set up. Pres ently, the 5. Sw ac hhta Pakhw ada w as c elebrated at all enforc ement in this Port is carried out by the the Inspectorate Dock Safety of fices from Inspectors posted in Inspectorate Dock Saf ety, 01.05.2018 to 15.05.2018. Chennai. Inspectors also enforce the Marking of Heavy Packages Ac t, 1951 and Rules framed 6. Implementation of Risk Based Random there under in the major ports. Ins pection System (RBRIS).

13.13 The main f unction of the Ins pectorates 7. Phase-I comprehensive amendment is to ensure the compliance w ith the provis ions propos ed to the Dock Workers (Safety, under the statutes. The statutory responsibilities Health & Welfare) Regulations, 1990 w as of Inspector include inspection of ships, tankers, prepared & sent to the minis try. loose-gears, container-handling equipment, (b) Activities- Forecast docks, container-yard and terminal, hazardous installations and isolated storages, tanks; carrying 1. Enforcement activities (various inspections, out the investigation of ac cidents (f atal and inves tigations, prosecutions, promotional serious) and dangerous occurrences; activities etc.) w ill be carried out by the Dock prosecution of employers, attending to Safety Inspectorates at all major ports for complaints , prov iding adv is ory serv ic es and the adminis tration and enforcement of the c onducting s af ety promotional activities like Dock Safety statutes. training programmes, w orkshops, celebration of safety w eek etc. The Inspectorate also 2. National Workshop for Inspectors of Dock pros ecutes the agency responsible for violation Safety w ill be organised. of any provision of the Act and Regulations framed 3. Follow-up action on implementation of there under.

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decisions taken during the 14th meeting of and port sector, and to formulate the appropriate Advisory Committee. standards for inclusion in statutes. A national level ‘National Survey on Occupational Safety & Health’ 4. Workshop(s) for OSH professionals w orking (as per Sec tion 91-A of the Fac tories Act, 1948) in major ports of India w ill be organized. in silic osis affected areas in India w rt to the 5. Phas e-II comprehens iv e amendment implementation of the order of the Hon’ble propos ed to the Doc k Workers (Saf ety, Supreme Court. Health & Welfare) Act, 1986 & Regulations, 1990 w ill be prepared. Unit level consultancy studies are carried out at the request of the management and reports III. TRAINING PROGRAM MES are submitted for implementation of the recommendations f or further improvements in Professional Programmes factories c oncerned. A total 18 Consultancy studies w ere carried out during the period April –  One year Advanced / Post Diploma in October’ 2018. Industrial Safety Courses for 2018-19 w ere held at CLI Mumbai, RLI Kolkata, RLI V. NATIONAL REFERRAL DIAGNOSTIC Chennai, RLI Kanpur and RLI Faridabad, CENTRE benefitting 201 participants from182 organisations to bec ome qualified Safety Cases of occupational diseases, such as, Officers as required under Section 40-B of silicosis, occupational dermatitis etc. are referred the Factories Act, 1948 and Rules made to the National Referral Diagnostic Centre f or there under. opinion.

 Three months Associate Fellow in Indus trial VI. MAJOR HAZARDS & CHEMICAL SAFETY Health (AFIH) Course for 2018-19 w as held at CLI, Mumbai & RLI, Kolkata and RLI, The Major Hazards & Chemical Safety Division Faridabad benefitting 82 Medical personnel at the Central Labour Institute, Mumbai adv ises from 82 organisations State Governments and Major Accident Hazard (MAH) Units on control of Major Accident Hazards, Training Programmes are conducted in the f ield preparation of emergenc y plans, Saf ety Audit, of Industrial Safety and Health. During the period Risk Ass essment etc. As on date, the inf ormation April-October’ 2018, 12 training programmes on MAH Units, hazardous chemicals & on-s ite including seminar/w orkshops and in-plant training emergency plans in the country is as under: w ere conducted. Also, 99 Appreciation programmes were conducted for 2350 (a) MAH Units : 1756 beneficiaries at v arious div isions of DGFASLI, (b) Haz ardous chemic als : 225 CLI, Mumbai and the f our Labour Institutes, in (c) On-s ite emergency plans : 1448 Faridabad, Kanpur, Kolkata and Chennai. VII. MANAGEMENT INFORMATION IV. STUDIES AND SURVEYS SERV ICES

National Studies and Surveys are undertaken Management Information Servic e (MIS) Division by DGFASLI, in its efforts tow ards helping the of Central Labour Institute, Mumbai is a source Central Government to asc ertain the status of of information about the activ ities of DGFASLI. w orking conditions, safety and health in factories The goals of MIS are to implement the

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organizational struc ture and dynamic s of the w orkers, executives from industry and delegates department for managing the organization in a from other countries. During the period April – better w ay and capturing the potential of the Oc tober’ 2018, total 2350 v is itors benefitted information’s on OSH for competitive advantage through 99 Appreciation programmes conducted to the Industries as w ell as s tate Governments. on Safety & Health in this centre. The basic functioning of MIS is: IX. TESTING OF PERSONAL PROTECTIVE  Webs ite updating and management: - EQUIP M ENT DGFASLI w ebsite had been launched with URL: ww w.dgfasli.nic.in. This The laboratories for respiratory and non- w ebsite contains the inf ormation on respiratory personal protective equipment testing Statutes on saf ety and Occupational at Central Labour Institute, Mumbai undertake Health, Factories Act 1948, performance tes ts of Canisters, Dust Masks, Dockworkers safety & Health regulation, SCBA Air Quality equipments , Helmets , Saf ety Inf ormation major research projec t Shoes, Safety Goggles, Safety Belts and Welding initiated during five-year plan, Advisory Glas ses etc. Respiratory protective equipments services on PPE of Res piratory and such as dus t respirators, canis ters, dust filters Non-Respiratory system. etc. and Non-Respiratory equipment such as helmets, safety shoes etc .are tested to ascertain  Under ‘Digital India’ campaign online their performance characteristics as per relevant form for approval of competent person, BIS standards. flame proof equipment and Notification of site has been developed and hosted X. REPRESENTATION ON BIS on website of DGFASLI and being COMM ITTEES monitored by national portal. Offic ers of DGFASLI represented on several BIS  The Library cum inf ormation centre has Committees /Sub-c ommittees dealing w ith Safety been equipped w ith more than 25,000 and Health matter and offered comments on draft books on occupational safety and health standards. along w ith various journals on OSH. XI. PROMOTIONAL ACTIVITIES- (AWARD Website also uploaded with information on SCHEMES) Material Safety Data Sheet (MSDS), abs trac ts of studies, Training Calendar, Tenders and Notices on A rea Detec tion and Identification System (ADIS), Associate Fellow of Industrial Health (AFIH) related information.

VIII. INDUSTRIAL SAFETY, HEALTH & WELFARE CENTRE

Industrial Safety, Health and Welfare Centre of the Central Labour Institute and Regional Labour Institutes promote the haz ard c ommunication through display of panels, models, charts, The DGFASLI on behalf of the Ministry of Labour graphs, w rite-ups etc. w hich is visited by has been implementing the Vishw akarma

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Rashtriya Puraskar (V RP) (earlier know n as Fac tories /Construc tion s ites /Installations Shram Vir National Aw ards ) and the National under AERB and tw o are for Ports. Under Safety Awards scheme since 1965. These each aw ard, a Shield and a Certificate of schemes w ere modified in 1971, 1978 and again Merit is given to each of the Aw ard Winners in 2007. The schemes presently in operation are and Runners-up. The es tablishments are as under: classif ied in different schemes based on w orking of highest man-hours.  Vishw akarm a Rashtriya Puraskar: It is designed to give recognition at the national level to outstanding suggestions resulting in:

(i) Higher productivity

(ii) Improv ement in saf ety and w orking conditions

(iii) Savings in foreign ex change (import substitution as w ell as quality and safety of products) and

(iv) Improvement in the overall efficiency of Awards Distribution Function for VRP and the establis hments. It covers w orkers NSA (Performance year 2016): employed in factories, docks, Vishw akarma Rashtriya Puraskar (VRP) & construction sites and Nuclear National Safety Aw ards (NSA) func tion w as Ins tallation. organis ed at New Delhi on 17th September 28 Vishw akarma Rashtriya Puraskar (VRP) 2018.The aw ards w ere given by Hon’ble Minister aw ards are given in the form of cash prize and a of State (Independent Charge) for Labour & certif ic ate of merit in three categories : Five Employment Shri Santosh Kumar Gangw ar. 28 Aw ards of Rs. 75,000/- in Class ‘A’, Eight Aw ards Vishw akarma Rashtriy a Puraskar (VRP) shared of Rs. 50,000/- in Class ‘B’ and Fifteen Aw ards by 139 individuals and 128 National Safety of Rs. 25,000/- in class ‘C’ c ategories. Aw ards (NSA) in tw elve categories w hich include 76 w inners and 52 runners-up w ere given for the  National Safety Aw ar ds: National Safety perf ormance year 2016. Aw ards are given in recognition of good safety performance on the part of the The VRP and NSA aw ards w ork both as an industrial establishments registered under impetus as w ell as a catalyst to unleash the latent The Factories Ac t, 1948, the employers and untapped potentials of the promising w orkers cov ered under The Dock Worker (Safety, at the plant level w hile recognizing the excellent Health and Welfare) A ct, 1986 and The perf ormance of the c ompanies in preventing Building and Other Cons truction Workers accidents and promoting safety at w ork place. (Regulation of Employment and Conditions They stimulate and sustain the interest of both of Service) Act, 1996 and installations under the managements and the w orkers alike in The Atomic Energy Regulatory Board accident prevention and safety promotional (AERB). The aw ards are given under tw elve programmes. The applications of these aw ards schemes, out of w hich ten are meant for are invited through w ide publicity ac ros s the

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country. The applications thus, received for VRP as w ell as NSA are adjudged by a Tripartite Aw ards Committee consis ting of representation from employers’ organizations, employees’ organizations and Central/State Governments. This Tripartite Committee is constituted by the Ministry of Labour & Employment, Govt. of India. Apart f rom the tripartite repres entation, there are also experts on the Committee from renow ned Institutions, Universities and indus try in the f ield of s afety, health, environment, productivity and quality. Sign ing of Memoran dum of U nderstanding (MoU) between D irectorate Gener al Factory Advice Service XII. MoU between DGFASLI and DGUV, and DGUV, Germany, at DGUV (HQ), Berlin (Germany) Germany on 13th of November, 2018.

The Directorate General Factory Advice Service and DGUV, Germany share the opinion that a safe w orking environment is a prerequisite for decent w ork in the oragnised as w ell as the unorganized sectors and that social protection of w orkers in partic ular w here there is a high risk s uch as cons truction indus tries is a prerequis ite for the health, the w orking capacity and w ell-being of w orkers and their families. Hav ing arrived at the said consensus, DGFASLI and DGUV entered into an Memorandum of Understanding (MoU) on 20.11.2015 w ith the objective of a mutual collaboration that seeks to enhance safety and The Indian delegation consisting of Dr. Avneesh Singh, health at w ork, to reduce the occurrence of w ork Director General, DGFASLI, Min. of Lab. & Employment related ac cidents and diseases and to promote and Mr. Devender Singh, Economic Advisor, Min. of Lab. s oc ial protec tion. The c ooperation betw een & Employment attended the meeting with DGUV officials DGFASLI and DGUV is to be extended f or a at DGUV (HQ) to discuss the way forward to carry out further period of three years . The Memorandum the activities as per the Memorandum of Understanding. of Understanding (MoU) for continuation of cooperation betw een Directorate General Factory The Indian delegation also visited training Advice Serv ice and DGUV, Germany w as signed institution under DGUV, Germany at Frankfurt. In th at DGUV (HQ), Berlin (Germany) on 13 of this training centre the students w ere undergoing November, 2018. training in the area of construction safety. The delegation also visited the manufacturing facility of protective clothing at Cologne.

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XIII. SCHEMES OF DGFASLI on request

During the year 2018-19 DGFASLI is e) Industry-wise 40 - safety and health implementing the Scheme Strengthening of DGFASLI Organisation and Development of OSH information in Factories , Ports & Docks. The Scheme has f) Publication of 25 - three components. Manuals, brochures

1. Component-I: “Strengthening of a) Implementation of 10 12 DGFASLI Organization and OSH in Factories, minimum agenda for Ports & Docks” e-governance b) Conduction of 34 - Objectives: specialized training programmes, To s trengthen the infras truc ture f ac ilities at DGFASLI organisation including Central Labour seminars, worksho ps Institute at Mumbai and Regional Labour Institutes located at Chennai, Kanpur and Kolkata and c) Conduction of studies 18 - Inspectorates Doc k Safety at the 11 major ports /surveys/audits for improving oc cupational s afety and health d) Enforcement 2658 - status of w orkers in fac tories , ports and docks activities in major throughout the country thereby contributing in ports (inspection of prev ention and control of occupational injuries ships, container and diseas es. ship, loose gears, Achievements and Forecast Activities docks, container yards, hazardous Sl. Major Component Achiev e Forecast installations, etc.) No. and Activ ities ments Activities e) Testing of Respiratory RPPE:148 - (Apr- Oct’ 2018 &Non-Respiratory NRPPE:136 Sep’ ( – Mar’ PPE 2018) 2019)

1. a) Development of - 1 2. Component-II: “Development of National Inventory on Regional Labour Institute Faridabad as OSH information and Advanced Centre of Safety Systems for follow up MSME and Chemical Proces s Units”

b) Upgradation and - - Objectives: development of data bases  The objective of the scheme is to develop Regional Labour Institute, c) Development of - 2 Faridabad as an adv anc e c entre of Application Safety Systems to meet the Programmes specialized needs of MSMEs and d) Material Safety - - Chemical Proc ess Industry. Data Sheet (MSDS)

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 Development of Advance Training for small & Medium Centre, Advance Research Centre and enterprises Aw areness Centre for carrying out the Technical activities. 10. Studies/Surveys/Audits 4 4 11. National Seminar/  To develop w ide s pectrum Door-step conference /Workshops 1 1 Facility to impart know ledge, skills and develop aw areness among the w ork- 12. Publications/ Posters Nil 1 force and ow ner-managers of MSMEs. 13. Video film Nil 1

Achievements and Forecast Activities 14. Awards 2 2

Sl. Major Component Achiev e Forecast *depending upon the requirement No. and Activ ities ments Activities (Apr- Oct’ 2018 3. Component-III: “Development of Sep’ ( – Mar’ Regional Labour Institute Shillong. 2018) 2019) The objective of the sc heme is to cater to the 1. Creation of various Nil Nil needs of the North-Eastern Region in the areas po sts of Occupational, Safety & Health. During the year 2. Setting up of Centres / 1 - the CPWD has initiated the construction of the Laboratories* building f or RLI, Shilong.

3. 1 or 2 days duration 1 1 C. NEW INITIATIV ES training programme  The CLI/ RLIs have been assigned as 4. 3 or more days 6 3 Centre of Excellence in spec ific areas duration training as follow s: programme

5. In-plant Training* Nil 3 CLI, Mumbai Dock Safety and Engineering Indus try. 6. Training programme 6 3 for Target Groups RLI, Faridabad MSME and Chemic al i.e. Factory Inspectors Proc ess Safety / Safety Officers etc. RLI, Chennai Cons truction and Automobile 7. One-year post 1 Continuing Indus try. Diploma course in RLI, Kanpur Sugar Industry and Pow er Industrial Safety Generation 8. Certificate course – 1 Nil RLI, Kolkata Ferrous and Non-Ferrous Associate Fellow of Metals and Paper Indus try Industrial Health (AFIH) for Medical Directorate General Of Mines Safety (DGMS) Officers 13.14 Directorate Gene ral of Mines Safety 9. Training programme Nil 2 (DGMS) under the Ministry of Labour and

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Employ ment administers Safety and Health of Mines Act, 1952 w orkers employed in mines in India. Under the Cons titution of India, Safety, Welfare and Health  Coal Mines Regulations, 1917. of w orkers employed in mines are the concern  Metalliferous Mines Regulations, 1961. of Central Government (Entry 55 – Union List – Article 246). The Mines Act, 1952 and the Rules  Oil Mines Regulations, 2017. and Regulations f ramed thereunder regulate the  Mines – Rules, 1955. objectives. Apart from administering the Mines  Mines Vocational Training Rules, 1966. Ac t and Subordinate Legislations thereunder, DGMS also adminis ters other allied legislations.  Mines Resc ue Rules, 1985.

 Mines Crèc he Rules, 1966. Minerals are depleting assets of a nation. Extraction of the same f rom below the surface of  Coal Mines Pit Head Bath Rules, 1959. the earth is fraught w ith in-numerable dangers. Mining has been and continues to be a Sec tion 1.01 Elec tricity Act, 2003 hazard-ous prof es sion and has rightly been  Central Electricity Authority deemed to be a w ar w ith the unpredictable forces Regulations, 2010 of nature. The condition of roof and sides of un-derground mines can change w ithout any Sec tion 1.02 Allied Legislation prior indication. Dangers due to sudden inrush of w ater, release of lethal and inflammable gases  Factories Act, 1948: Chapters III & IV or the fall of roof and side are inherent to mining and it is essentially because of such  Manufacture, Storage & Import of unpredictable dangers that mining is considered Haz ardous Chemic als Rules . 1989 under Environmental Protection Ac t, the most hazardous of all peace-time occ upations. 1986  The Coal Mines (Conservation & 13.15 Minerals constitute the backbone of the Development) Act, 1974 economic grow th of any nation and India has been eminently endow ed w ith this gift of nature. Role and Functions of DGMS Progressive indus trializ ation w itness ed the rise in demand. Grow th of mining under the impact of 13.17 Vision of DGMS successive Five Year Plans has been phenomenal. To take care of the enhanced To attain and hazard free conditions at w ork and targets, mechanization of mining activ ities has w elf are of persons employed in mines. taken place. Large-scale mechanization led to 13.18 Mission of DGMS : higher ris k to health and safety of the persons deployed in mines . Accordingly the role of the To identify and reduce risk of ac cidents and Directorate-General of Mines Safety (DGMS) occupational dis eases in and around the mines has also broadened. through :- 13.16 The Mines Act, Subordinate  Development of suitable legislation, Legislations thereunder and other allied rules, regulations, standards and legislations administered by the Directorate guidelines General of Mines Safety (DGMS) are as follow s:

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 Adequate measures to ensure 7. Dissemination of mines related data to other compliance and organis ations viz. CSO, IBM, Labour Bureau and State Governments, Ministry of Coal etc.  Awareness initiatives to inculcate safety and health culture amongst 8. Development of Safety Legislation & w ork-persons and s takeholders Standards

13.19 Current functions of DGMS broadly 9. Safety Inf ormation Diss emination. include: 10. Conduct of examinations for grant of 1. Inspections of mines competency c ertificates. 11. Safety promotional initiatives including: 2. Investigations into - (a) Organisation of - (a) acc idents  Conf erences on Safety in Mines (b) dangerous occurrences - emergency response  National Saf ety Aw ards to the mines practicing best safety (c) complaints & other matters standards ; aw arded by Hon’ble 3. Grant of : President of India  Safety Weeks & Campaigns (a) statutory permiss ion, ex emptions & relaxations (b) Promoting - (b) approval of mines safety equipment, - safety educ ation and aw areness materials & appliances programmes 4. Interactions for development of safety - workers’ participation in safety equipments, materials and safe work management through prac tices through w orkshop etc.  w orkmen’s inspec tor 5. To c ompile, process and maintain the data  safety committee related to employment, machinery, explosives , acc idents statistics pertaining  tripartite review s to Mines (Coal & Non-Coal) ORGANISATION SET-UP 6. Publication: To bring out the follow ing publications periodically : 13.20 This is a subordinate office under the Minis try of Labour and Employ ment w ith its (a) Statistics of Mines in India, Volume – I Headquarters at Dhanbad (Jharkhand). It is (Coal) -(Yearly) headed by the Director General of Mines Saf ety. (b) Statistics of Mines in India, Volume – II At Head Quarters, Direc tor General is assisted (Non-Coal) - (Yearly) by spec ialist officers of Mining, Electrical and Mechanical Engineering, Statistics, Occupational (c) Monthly Review of Acc ident (on the Health, Law, Survey, Administration and Accounts DGMS w eb-site) (Monthly) disciplines. The Head Quarter also has a (d) DGMS Standard Note – Yearly Technical Library and S&T Laboratory as a back-

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up support to the Organization. Field a) TREND OF ACCIDENT Organization has a tw o-tier netw ork. The entire country is divided into eight zones under the 13.21 Trend in fatal and serious acc idents in charge of Deputy Direc tor-General. There are both Coal as w ell as Non-Coal mines is given in three to f our Regional offices under each Zonal Table 13.2. Cause-wise distribution of fatal off ic e. Eac h Region is under the charge of accidents is also given in Table 13.3 and Table Direc tor of Mines Safety. There are in all 29 such 13.4 w ith respec t to Coal and Non-Coal mines. Regional Off ices. Three Sub-Regional of fic es To minimise the number of accidents the have also been set up in important areas of Directorate-General of Mines Safety has taken concentrated mining activities aw ay from various measures. Regional of fices . Each of these is under the charge of Deputy Director. Besides having Section 1.03 SAFETY M EASURES inspecting officers of Mining c adre in each zone, 13.22 To ensure enforc ement of nec essary there are officers of Electric al and Mechanical safety measures in mines, inspections and Engineering and Occupational Health disciplines. inquiries are carried out by the inspecting officers DGMS has a total sanctioned strength of 732 of DGMS. Apart from inspecting coal, pers ons w ith 574 in pos ition as on 01.10.2018 metalliferous and oil mines DGMS also as show n below : undertakes inves tigations into all f atal accidents, CATEGORY NO. OF NO. OF certain serious accidents and dangerous OF OFFICIALS SANCTIONED EMPLOYEE occ urrences and makes rec ommendations for POST IN POSITION remedial measures to prev ent recurrenc e of similar mis haps. The trend of acc idents from GROUP-A 279 147 2001 to 2018 is show n in Table 13.5A. The trend GROUP-B 38 24 of f atal acc idents and f atality rate per 1000 (Gazetted) pers ons employed on 10 yearly av erage basis from the year 1951 to 2010 and 2011-2018 is GROUP-B 186 147** show n in Table 13.5B. (Non -Gazetted) 13.23 Pow er under section 22 and 22A of the GROUP-C 229 156 Mines Act, 1952, Regulation 103 of Coal Mines GROUP C 231# 100* Regulations, 1957 and Regulation 108 of Sanctioned for Metalliferous Mines Regulations, 1961 has been outsourcing vested w ith DGMS to issue improvement notices and prohibitory orders to resist or prohibit TOTAL 732 574 employment of persons in mines or part of mines. * Incumbents present on such posts will stand The number of ins pections and inquiries carried abolished as and when existing incumbents vacate out from the year 2006 onw ards are show n in the posts on account of promotion/ reversion/ Table 13.6. superannuation. CIRCULARS ** Total 12 Gr. B Non-Gazetted posts have not been abolished till date as the incumbents are there on 13.24 The DGMS iss ues circulars to the mining such posts. industry on oc cupational safety and health matters, w hich may have w ide implications. #To be filled up by outsourcing. Technical Circulars, Approval Circulars, General

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Circulars, General Instructions, Technical After the equipments are successfully tried in the Instruc tions, Legis lation Circulars and Legislation field, the performance report from the c oncerned instructions are issued as per requirement. mine management is obtained. If the abov e reports are found satisf actory regular approval COMPETENCY TEST is granted for a spec ific period.

13.25 To ensure that only competent pers ons 13.27 The equipments/mac hinery /appliances are appointed as mine Managers , Surv eyors, and materials requiring approv al can be broadly Overman, Foreman, etc. the DGMS on behalf of categorized into:- the Board of Mining Examinations constituted under the Coal Mines Regulation, 1957 and the  Pers onal protective equipment. Metalliferous Mines Regulations, 1961, conducts examinations and issues certificates of  Env ironmental monitoring instruments competency. Details of applications received and and devices. competency certificates issued during the period from 01.04.2018 to 30.09.2018 have been given  Machinery and other equipments f or in Table 13.7. carrying out mining operations and

APPROVAL OF MINES SAFETY EQUIPMENT  Safety materials for use in underground mines . 13.26 Approval is granted by Chief Inspector of Mines (Also designated as Director General of 13.28 The table below show s particulars of Mines Safety) to various equipments for us e in items approved mines to fulfil the statutory obligation enshrined Resuscitator, Self Rescuer, Breathing under different provisions of Coal Mines Apparatus approved during 01.04.2018 to Regulation, 2017, Metalliferous Mines 30.09.2018 Regulations, 1961, Oil Mines Regulations, 2017, Central Electric ity Authority Regulations , 2010 Items Numbe r of Numbe r of Tota l and Mines Rescue Rules, 1985. The procedure regular Field Trial numbe r of of approval includes scrutiny of the applications approv als/ approv als/ Approvals mainly to f ind out the quality c ontrol sy stem Regular Field Trial granted adopted by the manufacturers and their capacity approv al Approv al to manufac ture equipments/material etc., w hich extension Extension w ill be capable of w orking safely under the hostile granted granted environment of the mines and remain operative Breathing 02 00 02 during prolong use under adv erse c onditions. Apparatus The equipments als o need to c onf orm to the Resuscitator/ 00 00 00 relevant Indian Standards and in case there is no Reviving Indian Standard the standards of the country of Apparatus origin (ISO/EN/DIN, etc.). The application should also include test certificates from approved Self 02 00 02 laboratory as per the relevant standard. After the Rescuers documents are sc rutiniz ed and found in order, (COSR) field trial approval is granted to check the pit w orthiness of the equipments in various mines. Total 04 00 04

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Equipme nts, appliance s, m aterials and Sl. Type of approvals No. of machine ry approved during 01.04.2018 to No. approvals 30.09.2018 granted Number of Number of Total 1. Field trial approval 08 regular field trial number of 2. Field trial extension 12 approvals/ approvals/ approvals Regular field trial granted 3. Regular approval 06 approval approval 4. Renew al 13 extension extension granted granted Total no. of approval granted 39 02 00 02 a) STATISTICS DIVISION, DGMS

Explosives, Exploder s & Detonators, etc. 13.31 DGMS has a computerized information approved during 01.04.2018 to 30.09.2018 management (Statistics) system which is maintained by Statis tics Division. The Division Number of Number of Total after rec eipt of various mines safety related data regular field trial number of (in the form of returns & reports) scrutiniz es, approvals/ approvals/ approvals proc esses and compiles the s ame. approval field trial granted extension approval Vision: granted extension granted 13.32 To c omplement and supplement in the direction of ensuring nationally acceptable and 03 02 05 internationally competitive standards of health, safety and w elfare for employees of the mines of 13.29 Approvals for use of Mechanical India. Equipments etc . in mines w ere granted during 01.04.2018 to 30.09.2018 w hich is given below :- 13.33 The Statistics Division maintains various computerized data bas e of information Sl. Type of approvals No. of and statistics regarding the various ac tivities of No. approvals mines safety. The database maintenance and the granted processing of data are done on the softw are platform developed by the Divis ion. 1. Field trial approval/ extens ion 9 2. Regular approval/ renew al 12 NATIONAL SAFETY AWARDS (MINES)

Total no. of approval granted 21 13.34 Ministry of Labour & Employment, Gov ernment of India instituted National Saf ety Aw ards (Mines) in 1983 (for the c ontest year 13.30 Approvals for use of Electrical 1982) w ith a view to promote a competitive s pirit Equipments etc . in mines w ere granted during amongst mine operators f or the betterment of 01.04.2018 to 30.09.2018 w hich is given below :- safety standards in mines and to give due recognition to outstanding safety performance at national level. This aw ard is generally given by

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the Hon’ble President of India every year and has 13.37 DGMS conduc ts technical inspections generated considerable enthusiasm amongst the and inquiries of the mines pertaining to safety as Mining community. National Saf ety A w ards per established standards. The concerned (Mines) for the contest years 2013 & 2014 w ere database is also maintained and the f igures for given on 17th August, 2017 at New Delhi by the diff irent y ears are reflec ted in Table 13.6. Hon’ble President of India. 13.38 Table 13.7 reflects the number of 13.35 The applications for National Safety applications received from various managers and Aw ards (Mines) for the contest years 2015 & 2016 other employees of mines and accordingly have been receiv ed and short-listing of aw ard certificates of c ompetency iss ued. w inning mines has been done. The list of shortlisted aw ardees , proposal f or administrative Accident Experience approval and financial sanction f or organiz ing National Safety Aw ards (Mines) function have 13.39 The accident trends in terms of fatal been sent to the Minis try for approv al. The accidents and fatality rates per thousand persons process of receiving applications, s crutiny of employed at 10 yearly average sinc e 1971-80 to application, its v erific ation and generation of 2011-18 (upto August, 2018) are indicated below : aw ard w inning mines for the c ontest year 2017 is under proc ess.

13.40 The chart abov e outlines the trend fatality rates per 1000 persons employed in coal and non-coal mines on a ten yearly av erage basis. The trend in coal mines show a steady decline over the years, how ever, the same cannot be said about the non-coal mines. A closer analysis of accidents reveals that during 2017, fatal accidents in coal mines caused by dumpers, 13.36 The grow th of the mining activities from trucks, etc. contributed about 41% of the the year 2006 to 2015 is reflec ted in Table 13.1. acc idents, f ollow ed by about 22% caused by Trends of accidents in mines in reflec ted in Table ground movement, i.e. roof and side falls 13.2. Table 13.3 reflects trend of accidents in Coal (aggregate 18%). Mines caus e w ise. Table 13.4 reflects trends of ac cident in Non-Coal c ause w is e. Status of 13.41 4% of all fatal accidents in coal mines accidents and the resultant casualties in mines w ere caused by fall of persons and the same are important aspects related to mines safety. caused 32% of the serious injuries. For non-coal These are reflected in the Table 13.5 A and 13.5B. mines, the fatality rate per 1000 persons

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employed show s a fluctuating trend since 1970s explosives about 13 % and Fall of object about on a ten y early average bas is. During 2017, 11%. highest percentage of fatal accidents w as due to fall of sides in non-coal and it w as about 20%. It 13.42 Figures 1 & 2 below show c ause-w ise w as follow ed by f all of persons w hic h is about fatal and s erious accidents res pectiv ely in coal 16%, Non-transportation machinery is about 14%, mines during the year 2017.

Fig.1: Cause-wise distribution of fatal accidents in coal mines during 2017

Fig.2: Cause-wise distribution of serious accidents in coal mines during 2017

13.43 Figures 3 and 4 below show cause-w ise fatal and serious accidents respectiv ely in non-coal mines in 2017.

Fig. 3 Cause-wise distribution of fatal accidents in non-coal mines during 2017

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Fig.4 Cause-wise distribution of serious accidents in non-coal mines during 2017

Table 13.1 Grow th of Mining Activities in India

Year Number of reporting Value of minerals Aggregate H.P. Explosives used mines ( in Million Rupees) ( in 000s) ( in 000 tonnes) Coal Metal Oil Coal Metal Oil Coal Metal Oil Coal Metal 2006 568 1720 44 374671 162160 370657 5953 2666 468 345.3 95.1 2007 567 1770 49 419279 235351 256944 5843 2646 457 353.0 97.8 2008 569 1904 67 481635 289354 294290 5935 2857 711 395.3 121 2009 583 2002 74 581240 325453 351652 6248 3309 842 461.0 101.7 2010 592 1961 82 618357 434283 404801 6362 3310 851 493.2 97.2 2011 601 1956 85 666415 419109 399397 6809 3801 937 503.5 98.2 2012 582 2148 86 744934 448843 492060 6936 4101 854 474.6 102.2 2013 605 2230 88 1037522 423740 565656 7557 4104 1014 523.6 100.2 2014 588 2254 92 1212547 462475 544443 5799 3932 993 590.8 113.2 2015 590 2398 112 1068745 629814 473290 5770 4502 1443 591.1 105.4

Note: Based on the information as reported by mines through ZOs/ ROs

Data for the years 2016 & 2017 have not been compiled as the sof tw are for annual return is not complete,

13.44 Table 13.1 show s the grow th of mining ac tivities in India from 2006 to 2015. Mining activities have been classif ied into Coal, Metal and Oil. The values of minerals mined from the Coal, Metal and Oil have been show n. The table also s how s the aggregate horse pow er and explosive used in the mining activities in India.

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Table 13.2 Year Trend of Accidents in Mines Number of Accidents in Coal Mines Number of Accidents in Non-Coal Mines Fatal Serious Total Fatal Serious Total 2001 105 667 772 71 199 270 2002 81 629 710 52 205 257 2003 83 563 646 52 168 220 2004 87 962 1049 57 188 245 2005 96 1106 1202 48 108 156 2006 78 861 939 58 78 136 2007 76 923 999 56 79 135 2008 80 686 766 54 83 137 2009 83 636 719 36 94 130 2010 97 480 577 54 61 115 2011 65 533 598 44 82 126 2012 79 536 615 36 45 81 2013 77 456 533 58 52 110 2014 59 379 438 39 44 83 2015 54 302 356 45 35 80 2016* 67 268 335 40 37 77 2017* 56 183 239 45 21 66 2018* 29 138 167 32 10 42

13.45 Table 13.2 show s the trend of accidents in mines f rom 2001 to 2018. Ac cidents have been classified into coal and non-coal mines. Accidents are further classified into fatal and serious accidents.

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Table 13.3

Trend of Accidents in Coal Mines – Cause-w ise Causes Number of Fatal Accidents Number of Serious Accidents 2013 2014 2015 2016* 2017* 2018* 2013 2014 2015 2016* 2017* 2018* Fall of Roof 8 10 4 8 3 0 17 18 9 11 5 4 Fall of Sides 2 2 5 5 5 1 19 17 11 8 13 9 Other Ground 2 1 0 1 0 0 0 0 1 0 0 0 Movements Winding in 0 0 0 1 0 0 3 5 3 0 1 11 Shafts Rope Haulage 3 1 3 5 5 0 42 33 28 26 13 10 Dumpers , 29 17 16 20 19 11 22 15 14 12 6 7 Trucks, etc. Other 1 1 0 3 2 0 9 2 4 7 2 5 Transportation Machinery Non- 12 15 11 8 1 7 27 25 18 17 10 7 Transportation Machinery Explosives 0 2 0 0 2 1 1 3 5 3 3 0 Electricity 7 2 4 2 2 1 2 3 3 6 6 3 Gas, Dust, 0 1 0 4 1 1 0 2 1 0 0 0 Fire, etc. Fall of Persons 8 2 4 5 2 3 135 129 105 87 59 48 Fall of Objects 3 2 2 2 2 0 88 59 46 43 40 25 Other Causes 2 3 5 3 3 4 91 68 54 48 25 9 Total 77 59 54 67 56 29 456 379 302 268 183 138

* Data for the year 2016 to 2018 are provisional and data for 2018 are up to 31.08.2018.

13.46 Table 13.3 show s the trend of ac cidents in coal mines from 2013 to 2018, cause w ise. There are 14 broad causes of accidents in coal mines. Accidents are further classified into fatal and serious acc idents.

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Fig.5 Percentage of fatal accident- causewise

13.47 Figure 5 show s the percentage of fatal accidents cause w ise in mines from 2013-2018.It can be found that the major reason for fatal accident is Dumpers , Truc k etc. follow ed by Non-Transportation machinery.

Fig.6 Percentage of Serious accidents- causewise

13.48 Figure 6 s how s the perc entage of serious ac cidents cause w ise in mines from 2013-2018. It c an be found that the major reason for s erious accidents is Fall of pers ons follow ed by Fall of objects and other caus es.

13.49 From figure 5 and figure 6, it can be found that the reasons f or fatal and serious accidents are different. The major cause for fatal acc ident is “Dumpers, Trucks etc.” w hile for serious accident is “fall of pers ons”.

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Table 13.4

Trend of Accidents in Coal Mines – Cause-w ise Causes Number of Fatal Accidents Number of Serious Accidents 2013 2014 2015 2016* 2017* 2018* 2013 2014 2015 2016* 2017* 2018* Fall of Roof 2 3 2 0 1 1 2 0 3 0 0 0 Fall of Sides 13 5 5 6 9 5 0 0 2 3 0 1 Other Ground 0 0 0 0 1 1 0 0 0 0 0 0 Movements Winding in 1 2 2 1 1 1 0 2 1 0 2 0 Shafts Rope Haulage 0 0 0 0 0 0 0 0 0 1 0 1 Dumpers , 8 7 13 9 5 5 6 4 0 1 0 1 Trucks, etc. Other 3 0 2 0 1 0 0 2 1 1 0 0 Transportation Machinery Non- 4 5 2 1 6 2 12 11 5 3 3 1 Transportation Machinery Explosives 2 2 0 3 6 0 0 0 0 0 0 1 Electricity 2 3 2 0 2 2 0 1 1 2 3 0 Gas, Dust, 3 0 1 1 0 1 0 2 1 1 1 0 Fire, etc. Fall of Persons 9 8 9 9 7 2 11 10 5 14 3 1 Fall of Objects 8 2 4 4 5 6 16 9 9 6 4 3 Other Causes 3 2 3 6 1 6 5 3 7 5 5 1 Total 58 39 45 40 45 32 52 44 35 37 21 10

* Data for the year 2016 to 2018 provisional and data for 2018 up to 31.08.2018.

13.50 Table 13.4 show s the trend of accidents in non-coal mines from 2013 to 2018, cause w ise. There are 14 broad causes of ac cidents in non-coal mines. Accidents are further clas sified into f atal and serious accidents.

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Table 13.5A Accidents and resultant casualties in mines Coal Non-Coal Year Fatal Accident Serious Accident Fatal Accident Serious Accident Acc. Killed Inj. Acc. Inj. Acc. Killed Inj. Acc. Inj. 2001 105 141 14 667 706 71 81 8 199 200 2002 81 97 15 629 650 52 64 3 205 206 2003 83 113 12 563 578 52 62 16 168 169 2004 87 96 14 962 977 57 64 9 188 194 2005 96 117 19 1106 1119 48 52 4 108 109 2006 78 137 15 861 876 58 71 9 78 79 2007 76 78 77 923 940 56 64 13 79 92 2008 80 93 16 686 693 54 73 35 83 85 2009 83 93 14 636 646 36 44 3 94 101 2010 97 118 23 480 488 54 91 5 61 63 2011 65 67 10 533 546 44 50 9 82 84 2012 79 83 6 536 542 36 38 5 45 45 2013 77 82 11 456 457 58 74 15 52 53 2014 59 62 3 379 391 39 45 10 44 50 2015 54 55 9 302 307 45 48 13 35 38 2016* 67 94 7 268 271 40 51 10 37 38 2017* 56 61 0 183 188 45 67 11 21 32 2018* 29 33 9 138 141 32 36 6 10 11

* Data for the year 2016 to 2018 provis ional and data for 2018 are up to 31.08.2018. 13.51 Table 13.5A show s the trend of accidents and resultant causalities’ in mines f rom 2001 to 2018. The mines are classified into coal and non-coal mines. Accidents have been classified into f atal and serious accidents. Table No. 13.5B Trend in Fatal Accidents and Fatality Rates per 1000 Persons Employed (Ten Yearly Average) Coal Mines Non coal M ines Year Avg. Acc. Avg. Death Avg.Acc. Avg. Killed Death Acc Rate Killed Rate Acc Rate Rate 1951-60 222 0.61 295 0.82 64 0.27 81 0.34 1961-70 202 0.48 260 0.62 72 0.28 85 0.33 1971-80 187 0.40 264 0.55 66 0.27 74 0.30 1981-90 162 0.30 185 0.34 65 0.27 73 0.31 1991-2000 140 0.27 170 0.33 65 0.31 77 0.36 2001-2010 87 0.22 108 0.27 54 0.32 67 0.40 2011-2018* 61 0.17 67 0.19 42 0.20 51 0.24 * Data for the ye ar 2016 to 2018 are provisional and data for 2018 are up to 31.08.2018. 116 Annual Report 2018-19

13.52 Table 13.5B show s the trend in fatal accidents and fatality rates per 1000 persons employed (ten yearly average). The table show s the average accident, acc ident rate, average killed and death rate.

Table 13.6

Number of Inspections and Enquiries Year Number of Inspections Number of Enquiries Grand Coal Metal Oil Total Coal Metal Oil Total Total 2006 4192 2630 219 7041 951 338 27 1316 8357 2007 4330 2309 183 6822 796 380 24 1200 8022 2008 4614 2838 216 7668 840 417 24 1281 8949 2009 4404 3325 250 7979 899 372 52 1323 9302 2010 3486 3297 243 7026 911 463 52 1425 8451 2011 3216 3688 321 7225 956 452 68 1476 8701 2012 3811 3635 292 7738 933 537 40 1510 9248 2013 4038 3898 329 8265 890 449 60 1399 9664 2014 4664 4694 588 9946 1035 540 111 1686 11632 2015 6047 5889 786 12722 1280 653 36 1969 14691 2016 4634 7766 638 13038 1165 586 96 1847 14885 2017 4259 4813 639 9711 1169 1068 32 2269 11980 2018* 1816 2543 345 4704 507 382 24 913 5617

* Data for the year 2018 are provis ional and it is up to 31.07.2018

13.53 Table 13.6 show s the number of inspec tions and enquiries in mines from 2006 to 2018. The mines have been f urther segregated into coal, metal and oil mines. The inspections and enquiries are show ing slightly increasing trend in long period.

Fig.5 Long term impact of Inspection (Coal) on Fatal and Serious accidents: Trend

13.54 In the above graph f or inspection, the trend is plotted taking number of inspection on primary axis. The trends of fatal and serious accidents are plotted on secondary axis taking number of accidents as dependent variable. It can be observed that over a long period, the trend of both fatal and serious accidents have gone dow n. For s erious accidents the gradient of decline is steeper than that of f atal

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accidents. The spread of number of enquiry ov er a long period is show ing a sharp increase during 2015. On the basis of all the facts, w e can infer that inspection have very positive impact on the improvement of overall safety in the coal mines (i.e. decline in the number of fatal and serious accidents).

Fig.6 Long term impact of Enquiry (Coal) on Fatal and Serious accidents: Trend

13.55 In the above graph for enquiry, the trend is plotted taking number of enquiry on primary axis. The trends of fatal and serious accidents are plotted on secondary axis taking number of accidents as dependent variable. It can be observ ed that over a long period, the trend of both fatal and serious accidents have gone dow n i.e. the number of accidents has declined. For serious accidents the gradient of decline is more steeper than that of fatal accident. The spread of number of enquiry over a long period is s how ing a slight increase. On the basis of all the facts, w e c an infer that enquiry have very positive impact on the improvement of overall safety in the coal mines (i.e. decline in the number of fatal and s erious accidents). Table 13.7

Applications Received & Certificates of Competency issued during April 2018 to September 2018 Category of certificates Coal Mines Regulation, 1957 Metalliferous Mines Regulations, of competency 1961 Applications Certificates Applications Certificates received issued rece ived issued Manager 213 332 198 291 Surveyor 48 55 16 12 Overman / Foreman 976 1361 272 232 Sirdar / Mate 181 17 58 0 Shotf irer/Blaster 0 0 19 0 Winding Engine Driver 0 0 0 6 Gas -testing 1726 262 0 0

* Applications receiv ed prior to April 2018 hav e also been dealt during April 2018 to September 2018. In v iew of that, certificates issued may not be in proportionate with that of applications receiv ed.

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NATIONAL CONFERENCE ON SAFETY IN ON-GOING SCHEMES M INES Strengthening of Systems & Infrastructure of 13.56 The Conference on Safety in Mines is DGMS (SSID): a tripartite forum at the national level in w hich the employers’ representativ es, the trade unions’ 13.57 This is a continuing scheme. The representatives, the Government represented by scheme has been formulated by merging tw o on- Min-istry of Labour & Employment, DGMS, going schemes of DGMS, namely (i) various administrativ e ministries / departments “Strengthening of Core Functions of DGMS and State Governments and associated (SOCFOD)”, and (ii) Mine Accident Analysis and in-stitutions, professional bodies, service Modernization of Information Database (MAMID)”. as sociations , etc. take part. They review the status of safety in mines and the adequac y of Sec tion 3.04 existing measures in a spirit of mutual The objectives of the s cheme are: cooperation. The con-ference also suggests meas ures for f urther improvement in saf ety,  To mitigate risk of disas ters and accidents w elf are and health of mine w orkers. The f irst in mines through detailed analysis of Conf erenc e w as held in the year 1958. The accidents and dangerous occ urrences and th th elev enth c onference w as held on 4 & 5 July, accordingly activate promotional channels; 2013 at New Delhi during w hic h three major issues (i) Small Sc ale Mining, (ii) Safety, health  To implement Risk-based Inspection & w elfare of Contractual w orkers & (iii) Surface System for coal and non-coal mines; & underground transportation machinery w ere deliberated in detail. A num-ber of  To disseminate mine information recommendations of these conferences have through various reports, technical been giv en s tatutory backing and mos t of the instructions / guidelines, circulars on others have been abs orbed in management electronic as w ell as other conventional prac tices and policies. The conc lusions and media; recommendations draw n during the conference hav e already been c irculated to the mining  To implement e-Governance in DGMS industries for complianc e. The 12th National including digitization of plans, Conf erence on Safety in mines is proposed to abandoned mine plans and other be c onducted in Nov ember 2018. important documents;

 To render scientific and technical supports to the field offic ers of DGMS;

 To develop and maintain infrastructures of all kinds for DGMS and its backup supports;

 To introduce, implement and s upport the e-based examinations systems including digital record management sy stem;

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 To develop, improv e and update need E. Scientific studies in mines based rescue and emergency on v arious subjects in key response guidelines to the mining problem areas of mining 11 studies indus try; for providing continual support to the mining  To c onduct need based Saf ety and industry by setting Occupational Health Survey in mines; appropriate standards, protocols & guidelines.  To update training facilities in DGMS for imparting s tructured training to DGMS F. Issue of Circulars/ 2 c irculars officers and key personnel of mining guidelines/standards/ indus try; protocols on Occ upational Safety and Health in mines  To develop, improve and update protocols, guidelines and standards in G. Workshops and seminars 3 w orkshops key areas for guidance of operations in on development of mines ; guidelines/ standards/ protocols, new technologies,  To implement “Sw ac hhta A bhiy an” Occupational Safety and w ithin DGMS. Health matters and on other subjects Activities undertaken by S&T Division H. Implementation of Continued during 01.04.2018 to 30.09.2018 computer bas ed Statutory Activity Achievement Examinations for Senior Exams (Coal & Metal) A. Imparting training and 28 mines facilitating for I. Computerization and Continued preparation of Safety digitization of examination Management Plan records, v alidation recording & trac king B. Organizing Programmes 16 sy stem for safety aw areness in programmes small mines w ith the help J. Training of middle-level 32 officials of s tate governments. management officials, Workmen’s Ins pectors, C. Dev elopment of DGMS 42 officials Workers and others by Off icials on OHS & MSHA Tec hnical Subjects Through Training/ Seminars, etc. by exposing 13.58 During the period 01.04.2018 to them to National & 30.09.2018 approvals of equipments, appliances, International institutes, materials and machinery granted for use in mines Seminars, Conferences etc. are given below : D. Digitization of Plans, 300 plans abandoned mine plans, etc.

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Approvals of Equipment, Apparatus  Under the provisions of the Mines Act & PPEs dur ing 01.04.2018 to 30.09.2018: 1952 Permissions, exemptions, relaxations and approvals etc. w ere Sl. Type of approvals No. of earlier being issued on submission of No. approvals offline applications by the stakeholders. granted In view of the Digital India initiativ e, 1. No. of field trial/ extension Nil three softw are modules namely “Approval System”, “Permission/ 2. Regular approval/extension Nil Exemption/Relax ation Sy stem” and Total Nil “National Safety Award (Mines) Sy stem” have been developed and E-Governance in DGMS made live.

13.59 Under plan scheme, DGMS has moved  Two more softw are namely “Accidents on the path of e-governance, utilizing the pow er & Statistic s System” and “Accounts & of IT in ac cordanc e w ith the recommendations Budget System” is being developed as of the Central Cabinet. In order to achieve this a part of “Digital DGMS”. The softw are goal, an e-Gov ernance Road map has been modules will bring in more made, w hic h has s uggested implementing it in a transparency & accountability and phased manner giving importance on the speedy disposal of w orks. establishment of formal organiz ational struc ture and projec t management structure.  The modalities for “Risk-based Inspection System” for coal mines have 13.60 In the cur rent ye ar, follow ing new been developed. The softw are for the initiative s are taken up by DGMS : purpose has been developed by NIC and implemented by inc orporating it in  Under the provisions of the Mines Act Shram Suv idha Portal. Ris k-based 1952, statutory ex aminations w ere inspec tion s ys tem f or metalliferous earlier being conducted in w ritten and mines is under progress and shall be oral format. With a v iew to maintain developed during 2018-19. The transparenc y and s peedy disposal of inspections w ill be generated for online ex amination w ork, computer bas ed as signment through s hram s uv idha statutory examination w ere introduced portal prioritizing on the actual risk and s ucc ess fully conduc ted for 1st rating of the mines of all c ategories. Class & 2nd Class Manager’s Certificate’s of Competency under  The digitization of old records including Mines Act s ince 2015. mine plans has been going in view of Digital India and secured record  It is planned to extend the coverage of keeping. This w ill ensure secured the online ex amination system to the record keeping and eas y and timely other categories of the statutory access. examinations conducted under the Mines Act 1952. The w ebs ite of DGMS  Shram Suvidha unif ied w eb portal has has been redesigned and customized been launc hed in November 2014 for for providing better us er interface and the online registration of user industry transparency for different stakeholders. (mines), online interface of inspec tion

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and reporting system and unif ied online for Coal Mines have been dev eloped by filing of Annual returns by the registered National Inf ormatics Center (NIC) w ith an aim mines. It w ill bring transparency and to: accountability in the inspection system, ease of reporting, ease of compliance,  enhance transparency in labour simplification in filing of returns online, ins pection system; speedy redressal of grievances, provide online registration of mines etc.  facilitate ease of reporting inspec tion under various Labour Law s at one S. Softw are Module Status place; No.  facilitate submission of on line return 1 Approval Sy stem Made live on (s); 01.07.2017  to improve the monitoring of labour 2 Permission, Exemption Made live on inspection based on Key Performance and Relaxation Sy stem 01.07.2017 indicators; 3 National Safety Aw ards Made live on (Mines) 01.07.2017  c onsolidated inf ormation of Labour Inspection and its enforcement; and 4 Accidents & Statis tics Under Process  effec tive Grievance Redressal System 5 Accounts and Budget Under hyperlinked w ith Department of Testing Administrative Reforms & Public Grievance (DARPG) Portal. 6 Administration/ To be taken Establishment up in IInd Phas e 7 Legal Management Sys tem 8 Material Management

· Further a Unif ied Web Portal (UWP) i.e. Shram Suvidha Portal, for on-line sy stem for Registration of all establis hments (mines) f or Labour Identif ic ation Number (LIN), Reporting of Inspections , Submiss ion of Annual Returns and Redressal of Grievances , Risk-based Inspection sy stem

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Table 13.8

The details of trainings/w orkshops/seminars attended by DGMS officers during 01.01.2018 to 30.09.2018 S. Name of the Seminar, Workshop, Venue Period No. of No. Symposium etc Officers attended 1 Indian Mining Legislation Works hop. Raipur 19th February, 2018 02 2 Indian Mining Legislation Works hop. Bengaluru 21st February, 2018 03 3 Indian Mining Legislation Works hop. Bhubanesw ar 23rd February, 2018 02 4 Inaugural Session of the Red Tape New Delhi 26th February, 2018 01 Challenge (RTC) Workshop being organized by DIPP w ith support of British High Commis sion. 5 National Seminar on “Future Trends in Bengaluru 25th & 26th May, 2018 02 Mining” (Tomorrow Mine – SAFE MINE) 6 One day w orkshop on “Oc cupational Jaipur 9th June, 2018 06 Health Haz ards in Mining and Work Plac es and Control Measures” 7 National Training Workshop on Prime New Delhi 17th & 18th July, 2018. 01 Minister’s Agenda 10 Disaster Management plan of Sectors & Central Ministries Departments. 8 12th edition of Safety Symposium & Kolkata 8th & 9th August, 2018 01 Exposition. 9 Workshop on injury prevention at AIIMS New Delhi 23rd-25th August, 2018 01 10 All India Seminar on “Technological CSIR-CIMFR, 24 th & 25t h 05 Advancements and Emerging Mining Dhanbad. August, 2018 Methods [TAEMM 2018]” 11 Address CII Jharkhand Mining Conc lave Ranc hi 25th September, 2018 01 12 National Seminar on “Management of Kolkata 29th September, 2018 02 Excavation Stability” MES-2018.

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CHAPTER-14 WORKERS EDUCATION

DATTOPANT THENGADI NATIONAL BOARD headquarters is at Nagpur. The Chief Executive FOR WORKERS EDUCATION AND of the Board is the Director, w ho is assisted by DEVELOPMENT an Additional Director, Financ ial Adv iser Deputy Directors, Zonal / Regional Directors and 14.1 The Dattopant Thengadi National Subordinate Staff etc. The Board operates Board for Workers Education and Development through 50 Regional Directorates and 7 Sub- (erstw hile Central Board for Workers Education), Regional Directorates. The six Zonal Directorates Ministry of Labour, Government of India, w as situated at Delhi, Guw ahati, Kolkata, Mumbai, established in 1958 to implement Workers Chennai and Bhopal monitor the activities of the Educ ation Scheme at National, Regional, Unit Regional Directorates in their respec tive zones. and Village Levels. 14.3 Tripartite Regional Advisory  The Board is tripartite in c haracter and Committees constituted for each Regional consists of repres entativ es from Central Directorate review the progress of the sc heme Organisations of Workers/Employers, and recommend measures for effective Central/State Gov ernments and Educational implementation of Workers Education Institutions. Programmes. The Indian Institute of Workers Educ ation (IIWE), Mumbai, an apex lev el training  Aw areness is sought to be created among Institute of the Board, w as established in 1970. the w orking class about their rights and obligations for their effectiv e participation in TRAINING PROGRAMM ES OF THE BOARD socio-economic development of the country. 14.4 Training programmes of the Board f or  Board organizes different types of training w orkers in Organiz ed Sector are c onducted at programmes for the w orkers in organised, three levels. unorganised, rural and informal sectors as indicated in Table 14.1.  At the first level training is imparted to the candidates selected as Education Offic ers.  Board’s programmes reflect the new After successful c ompletion of the training, orientation, direc tion and dimensions f or thes e Educ ation Officers conducts varied meeting the w ider educational needs of the programmes from the Regional w orker, trade unions and managements, Directorates. keeping in view the changed scenario.  At the second level, w orkers from different STRUCTURE establishments, s ponsored by trade unions and released by employ ers are trained. 14.2 Dattopant Thengadi National Board for Thes e trained w orkers are called Trainers. Workers Education and Development (DTNBWED) is headed by a Chairman. Its  A t the third level, the Trainers conduc t

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clas ses for the rank and file of w orkers in Title of the No. of No. of their respective establishments. programme progra partici mmes pants NATIONAL LEVEL PROGRAMM ES National Lev els Training 14.5 Programmes for representatives from programmes on different Central Trade Union Organizations / topics w as conducted at Federations and Voluntary Organizations on IIWE for the trade unions diff erent subjects are c onducted by the IIWE in activists and Trade Union addition to giving pre-employ ment training to Organizations like CTUO, Educ ation Officers and reorientation to Regional CRMS, HMS, INTUC, Director and Educ ation Officers of the Board as BMS, AITUC, , NFIR, w ell. In view of the spec ialized training needs to AIRMF , NUSI - HMS and 27 557 tackle some of the s pec if ic iss ues by Trade BKSM. ICL, NLO, TUCC, Unions, three cells namely (i) Industrial Health, SEWA , Spec ial Safety and Environment (ii) Education for Rural programmes w as and Unorganised Sector Workers and (iii) conducted on “Women Women and Child Labour hav e been established Empow erment”, “Basic of in the Institute. Computer” “Skills for developing Effective 14.6 During the period f rom A pril, 2018 to Leadership”. March, 2019, the follow ing programmes w ere conducted by the Institute:- PROGRAMM ES AT REGIONAL LEVEL

14.7 Details of training programmes conducted by the Regional Directorates during the period April, 2018 to Marc h, 2019 including Unit Level Classes, programmes for rural w orkers and w orkers belonging to unorganized sector and w eaker sections are indic ated in the Table 14.1.

3 day s State Level Spec ial programme conducted for the Trade Union ac tivists of N.E. Region conducted from 17th - 19th March 2019 at Shilpgram, Panjabari, Guwahati.

3 days Workers Participation in Management Programme conduc ted from 19th-21st December 2018 by Regional Directorate Nagpur at Manganese Ore India Ltd. (MOIL) at Mansar, Nagpur, Maharashtra

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ORGANISATION OF UNORGANISED LABOUR AND TRAINING OF RURAL V OLUNTEERS

14.8 Initially the Board c oncentrated its ac tivities in the organiz ed sector. The Board shif ted its emphasis to rural s ector since 1977– 1978 on the recommendations of Workers Education Rev iew Committee. Initially s tarted w ith 7 pilot projects, the rural w orkers educ ation programmes have now becomes a regular and continuing programme. The objec tives of the programme are:

 To promote critical awareness of problems, privileges and obligations as w orkers and citiz ens;

 To enhance self confidenc e and build up s cientific attitude;

 To educate them to develop their organizations through w hich they can 2 day s Rural Awarenes s Programme conducted on 27th - fulf il socio–economic func tions and 28th January 2019 by Regional Direct orat e Nagpur at res pons ibilities in rural economy and village Sagara, Taluka Bhadravati, Dist Chandrapur, strengthen democratic, secular and Maharashtra socialist fibre of rural society; 14.10 Tailor made programmes of one to four

 To educate them in protec ting and days durations, based on the func tional and promoting their indiv idual and s ocial educational needs of w orkers, for Handloom, interes t; Pow erloom, Khadi & Village Industries, Industrial Estates, Small Scale Units, Handicrafts,  To motivate for family w elfare planning Seric ulture, Coir Indus try, Beedi Industry and and to combat soc ial ev ils. Workers of Weaker Sections such as w omen w orkers, handicapped w orkers rickshaw drivers, 14.9 Rural Volunteers are giv en one w eek construction w orkers, civic and sanitation orientation / Refres her Courses at Regional w orkers are also organized by the Board. Directorates to assist Education Officers in conducting Rural Aw areness Camps . These Performance camps are attended by landles s labour, tribal labour, artisans , fores t w orkers and educ ated 14.11 During the period f rom A pril, 2018 to unemployed in rural areas etc. March, 2019, the Board has conduc ted 7184 programmes of various durations and trained 251722 w orkers of various sectors. Details are at Table 14.2.

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MAJOR ACHIEVEMENTS the various w elfare schemes launched by the Central/State Governments after their initial Empow erment Programmes training.

14.12 In pursuanc e of the recommendations 14.16 During the period f rom A pril, 2018 to to the Committee on Rural Camps, the Board Marc h, 2019, 194 such retraining programmes has introduced 4-days Empowerment w ere conducted f or 10429 rural / unorganized Programmes from the financial year 2003-04. w orkers. During the period from April, 2018 to March, 2019, 5988 w orkers have been benefited in 153 Labour Welfare and Development Empow erment Programmes organized for Programmes Unorganized, Weaker and Rural Sector w orkers. 14.17 The Ministry of Labour has assigned to Programmes for Panchayati Raj Functionaries the DTNBWED the task of Generating Aw areness among the Rural/Unorganiz ed sector w orkers 14.13 The Panchayati Raj Institutions have about the various welfare schemes of the been entrusted w ith the responsibility of preparing Government for their socio-economic plans and implementation of various development. programmes of rural inf rastructure development and poverty allev iation programmes w hich c alls for necessary know ledge and skills among the elected members of Panchayati Raj. For the suc cess of Panchayati Raj, its members need to be educ ated and trained to s houlder their responsibilities in a best manner. Ow ing to the increasing thrust of the Govt. of India for educating the elected members of Panchayati Raj Institutions, the Board has started, during the year under report, exc lusive training programmes of 2-days duration f or the elected members of the Panc hayati Raj Institutions. 2 day s Labour Welfare and Development Programme 14.14 During the period f rom A pril, 2018 to conducted on 19th-20th July 2018 by Regional Directorate March, 2019, the Board conducted 32 Berhampur at Anganw adi Cent er, Ranapur Bloc k programmes f or 1080 elected members of the Junagada, Dist Kalahandi, Odisha Panchayati Raj Institutions (including N.E. Region). 14.18 Accordingly, the Board has designed and introduced f rom the year 2003-2004, a new Retraining Programme for Trained Workers programme called “Labour Welfare and of Rural/Unorganized Sector Development” of 2 days duration for the w orkers of rural/unorganiz ed sector for implementation 14.15 The Board also introduced a new one- through its 50 Regional Directorates. During the day programme called Retraining Programme for period from April, 2018 to March, 2019 the Board thos e Trained Workers, w ho w ere trained long has organized 414 awareness generation back say before five years, to update their programmes for 16062 w orkers of rural and know ledge and also to make them aw are about

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unorganized sec tors under Labour Welfare & 14.22 Grants-in-aid is available for conducting Development programmes. full time Residential and Non-residential Programmes of 3 to 7 days duration according 14.19 Besides, inf ormativ e study material to the local requirement of the Trade Union developed by the Board in the form of booklets Organizations. The grantees are allow ed flexibility and leaflets for distribution to the participants of regarding subjects to be covered and number of the training programmes. participants. The grants -in-aid scheme has also been extended to the Rural Workers. GRANTS-IN-AID SCHEME 14.23 The Board provides grants -in-aid to 14.20 The Central Board for Workers registered Trade Unions and other institutions for Educ ation through its Grants -in-Aid Sc heme conducting their own w orkers education ex tends f inancial as sis tanc e to Trade Union programmes . Organiz ations and Educational Institutions etc. to c onduct Workers Education Programmes for 14.24 The Board also sanctions grants-in-aid their ow n w orkers. for National Level Cours es to the Central Trade Union Organizations and National Federations. 14.21 The Grants-in-Aid Scheme of the Board w as introduced in the year 1960 and developed 14.25 The DTNBWED has conducted c onsiderably sinc e then. It is modif ied and exclusive training programmes for rural w orkers improved from time to time after taking into on MGNREGA by w ay of a project to enlighten consideration the suggestions and demands from the rural masses about the benefits of the the Trade Unions. The las t revision of the Grants- National Rural Employment Guarantee Scheme. in Aid scheme and its pattern of expenditure w ere done in April, 2005 w ith a view to induce the trade unions to avail this faculty on a w ider scale. Similarly the rules and procedure of the Grants- in-Aid Scheme have also been simplified accordingly to meet the Trade Union needs.

2 days Special Programme for TSP (Tribal Sub Plan) Programme c onduc ted on 7th -8 th J anuary 2019 2 by Regional Directorate Mumbai at Block Shrivardhan, Dist Raigad Maharashtra .

14.26 Following activities are being 2 days Special Programme for SCSP (Schedule Cast Sub conducted under the Project – Plan) Programme conducted on 26th-27th September 2018 by Regional Directorate Ahmedabad at Chandkheda, 1. Village Level Programme : Bloc k Ahmedabad, Gujarat 2. Block Level Programme :

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Table 14.1 COURSES ORGANISED UNDER WORKERS EDUCATION SCHEME Sr. National Level Sr. Regional Sr. Unit Level Sr. Specific No. No. Level No. No. Categories 1 Refresher Course for RD 1 Training of 1 Unit Level 1 Func tional A dult I/c & Education Offic ers Trainers Class es Literacy Classes 2 Challenges before Trade 2 Personality 2 Need Based 2 Empow erment Uion. Development Special Programme for Un- Programmes Programmes organised Workers (4- days) 3 Women Empow erment 3 Joint Education 3 Joint 3 Empow erment Trade Union Management Programmes Education Programme f or (1 day) Programmes Weaker Sec tion (2-days) (4-days) 4 Skill for developing 4 Programmes 4 Plant Level 4 Empow erment Effective Leadership under Self Programme Programme f or Generation of for Trained Rural Workers Funds (1/2/3- Workers (4-days) day s) CTP (1 day) 5 Basic of Computer 5 Need Based — —- 5 Retraining Aw areness to Trade Seminars programme for Unionist (1-2 days) Unorganised Workers (1 day) 6 Capacity Building & 6 Quality of Life — —- 6 Rural Aw areness Leadership Dev elopment for Workers Camps (2 days) for Trade Union Activ ists and their Spous es (4/2 days) 7 “IT in Trade Union Activis ts.” 7 MGNREGA — —- 7 Retraining programme for Rural Workers (1 day) 8 Role of Trade Unions in —- — —- 8 2 days programme Transport Indus try. for : 9 Digitisation & Social Media —- — —- 8(a) Unorganised w orkers/Stone Quarry etc., 10 Up gradation of Skills and —- — —- 8(b) Women Workers updating Know ledge of Young Generation. 11 Fundamental of Labour —- — —- 8(c) SC/ST Workers Law s

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12 ‘Challenges bef ore trade —- — —- 8(d) Parents of Child unions in changing Labour/ Child scenario. Labour. 13 Industrial Relations and —- — —- 8(e) Labour Welfare and Trade Unionism . Development 14 -Welfare Provisions for —- — —- 8(f) Construction Unorganis ed Sec tor Workers Workers”.-Welf are Prov isions in Labour Law s for Construction/Plantation Workers. Anganw adi Workers 15 Industrial Dev elopment —- — —- 8 (g) HIV / AIDS and Role of Trade unions. Programme 16 Role of Trade Unions in —- — —- — —- National Development. 17 Promoting Decent Work in —- — —- — —- the Construction Indus try. 18 Industrial Relations and —- — —- — —- Trade Unions im”. 19 Leadership Development. —- — —- — —- 20 Workers Right violation at —- — —- — —- w ork place & Role of RTI . 21 Office Management —- — —- — —- 22 Sus tainable Development —- — —- — —- Goals w ith Spl Reference to Gender Equality, Migrant w orkers, Domestic w orkers & Scheme Workers 7 Skill Development 23 Organise the Unorganis ed. —- — —- — —-

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Table 14.2 Activities of Dattopant Thengadi National Board for Workers Education and Development (ers tw hile CBWE) for the period 2018-19

Activity Target Achiev ement from 2018-19 01.04.2018 to 31.10.2019 Progs. Participants REGIONAL LEVEL Training of Trainers (1 ½ month) 6 1 24 Pers onality Development Programme (21- days) 75 9 233 Refresher Course for Trainers (1 w eek) 0 0 Joint Education Programme on Participative Management (1 day) 381 716 18261 Programmes under Self Generation of Funds/CTPG (1/2/3 days) 889 516 10007 Need Based Seminars (1/2 days) 127 146 3525 Programmes on Quality of Life for Workers and their 3 0 0 spouses (4 days) Programmes on Quality of Life for Workers and their 50 11 366 spouses (2 days) Func tional Adult Literacy Classes 0 0 0 Seminar at Plant Level (1 day) 127 110 2617 Spec ial Programme for Self Generation of Fund (5 days) 0 0 Workers Participation in Management 74 17 415 UNIT LEVEL Part/Full Time Unit Lev el Clas ses (3-months /3-w eeks/1 month) 46 22 562 Joint Educ ation Programmes for New Members of Joint 127 134 3297 Councils at Enterprise Level (2 days) Joint Educational Prog. (3 days) UNORGANISED SECTOR Empow erment Programme f or Unorganized Workers/ Weaker Section (4 days) 254 113 4415 Programme for Unorganiz ed Sec tor/Stone Quarry/ 611 610 24570 Cons truction Workers (2 days) Innov ative Programme (1 day) Programme f or Women Workers (2 days) 494 403 15344 Programme for Parents of Child Labour/Child Labour (2 days) 492 198 7746 Programme for SC/ST, SCSP/TSP (2 days) 3654 2429 90968 Labour Welfare & Development Programme (2 days) 498 424 16062 Programmes for Panchay ati Raj (2 days) 117 14 525

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Programme on Quality of Life for Workers and their 127 29 1100 spouses (4 days) Programme on Quality of Life for Workers and their 124 45 1742 spouses (2 days) Retraining Programme for Unorganized (1 day) 248 103 5557 Self Reliance Camp (4 days) Unorganised Sector 4 160 State Level N E (3 days) 60 45 1350 Panc hayati Raj (3 days) North-East 40 18 523 Spec ial Programmes for North-East (2/5 days) 10 5 150 Leadership Development Programme (10 days) 10 4 120 RURAL SECTOR Rural Aw areness Camps (2 days) 988 689 26450 Empow erment Programme for Rural Workers (4-days) 125 40 1573 Retraining Programme for Rural Workers (1 day) 325 91 4872 MGNREGA 518 238 9188

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CHAPTER-15 PROGRAMMES

Central Sector Schemes/Centrally Caste (AWSC) and Scheduled Tribe Component Sponsored Schemes (STC).

15.1 The Ministry is implementing Schemes 15.4 In compliance of the Government for the Welf are of Labour during the FY 2018-19. directives, this Ministry has earmarked Rs. Main emphas es of these programmes/schemes 1200.68 Crore (16.2% of total alloc ation) f or are on Elimination of Child Labour, A bolition & Allocation for Welfare of Scheduled Caste Rehabilitation of Bonded Labourers, Labour (A WSC) and Rs. 607.74 Crore (8.2% of total Welfare, Occupational Safety and Health and allocation) for allocation under Scheduled Tribe Employment Generation. The important Component (STC) during the current financial schemes under Social Security for Workers are; year i.e. 2018-19. Employees Pension Scheme, 1995, Social Security for Plantation Workers in Assam, 15.5 10% of Plan A lloc ation (Rs. 741.15 Creation of National Platf orm of Unorganis ed Crore) has been earmarked f or specific Projects Workers and allotment of an Aadhaar seeded / Sc hemes in the North-Eastern (NE) States and identification number. National Child Labour Sikkim during 2018-19. Project (NCLP), Employment Generation Programs and Labour Welfare Scheme are also 15.6 The scheme adminis tered by Planning major schemes. Unit namely “Grants -in-Aid to Research and Ac ademic Ins titutions and Non-Gov ernmental 15.2 The M/o Finance has provided an outlay Organizations (NGOs) and Voluntary of Rs. 7411.52 Crore f or the Central Sector Organizations (VOs ) for undertaking research in Schemes/Centrally Sponsored Schemes for labour related matters” has been dis continued the Ministry of Labour & Employment during the since April 2017. Financial Year (2018-2019). 15.7 Ministry of Labour & Employment 15.3 Planning Div is ion in the Ministry of implements 11 Central Sector and 4 Centrally Labour & Employment deals w ith the monitoring Sponsored Schemes. Ministry also gives Grant- of CS/CSS s chemes including Scheduled Caste in-aid to Autonomous Bodies viz., V.V.Giri National Welfare Programmes, Scheduled Tribe Labour Ins titute &DettopantThendge National Component and review of North East component Labour Institute for Workers Education and expenditure. Planning Unit is also the nodal unit Development(Erstw hile). Lis t of the sc hemes f or Output Outcome Monitoring Framew ork along w ith budget provisions and expenditure are (OOMF), A llocations for Welfare of Scheduled given in Table No 15.1 to 15.3.

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Table: 15.1

Ministry of Labour & Employment: Central Sector Schemes/Centrally Sponsored Schemes Financial Outlay 2018-19

(Rupee s in cr ore)

Sl. Name of Schemes Financial No. Outlay 2018-19 1. Labour and Employment Statistic al Sys tem 45.00 2. Strengthening of Adjudication machinery and holding of LokAdalats 10.00 3. Machinery for Better Conciliation, Preventive Mediation, Effec tive 32.11 Enforcement of labour Law s, Chief Labour Commissioner 4. Creation of National Platform Of Unorganised Workers and allotment of 50.00 an Aadhar seeded identification numbers 5. Employee’s Pension Scheme, 1995 4900.00 6. Social Sec urity f or Plantation Workers in A ssam 35.00 7. National Child Labour Project including grants -in- aid to voluntary agencies 120.00 and reimbursement of assistance to bonded labour. 8. Employment Generation Programme (i) National Career serv ices 109.80 (ii) PradhanMantriRojgarProtsahanYojna 1652.09 (iii) Coac hing and Guidance for SC, ST and OBCs 22.00 (iv) Employ ment Promotion Sc heme 13.90 9. Strengthening of DGFASLI organisation and OSH in factories , ports and docks 11.00 10. Strengthening of Infrastructure facilities and core function of Directorate 13.01 General of Mines Saf ety. 11. DattopantThengadi National Board for Workers Education & Development, Nagpur (formally know n as CBWE) 90.00 12. V.V. G.NLI, Noida 15.35 13. Labour Welf are Sc heme 242.26 14. BimaYojna for Unorganis ed w orkers 50.00 Total 7411.52

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Table 15.2

NON-PLAN PROVISIONS AND EXPENDITURE

(Rs. in crore) 2015-16 2016-17 Sl. Scheme BE Actual Exp BE Actual Exp No. 1 Secretariat Social Serv ices 43.08 40.02 47.89 50.57 2 Research & Statis tics 10.66 9.43 11.08 10.84 3 Industrial Relations 51.49 51.51 58.16 60.47 4 Working Conditions & Safety 69.14 67.93 75.83 79.70 5 Labour Education 57.68 57.68 57.68 68.55 6 Labour Welf are Schemes 290.00 207.15 302.44 240.05 7 Transfer to Reserve Funds 207.34 171.64 211.38 179.08 8 Social Security 2557.90 3557.9 4068.09 4068.09 9 International Cooperation 17.53 17.00 17.53 18.61 10 Other Items 0.86 0.57 0.86 0.32 11 Welf are of SC/ST and other Backw ard Classes 6.07 5.67 6.55 6.63 12 Employ ment 43.99 39.48 46.49 32.95 13 Training 59.95 56.13 0.00 0

Total 3415.69 4282.11 4903.98 4815.86

Note: Plan and Non-Plan bifurcation has been done aw ay w ith from Financ ial Year 2017-18.

Budget provis ion and expenditure for the Year of 2017-18 is annex ed separately

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Table 15.3

Budget Estimates for the F.Y. 2018-19 (Rs in Crore) Sl. Schemes / Programmes BE 2018-19 No. 1 Secretariat Social Serv ices 62.16 2 Labour Bureau 12.05 3 Other Items related Chief Labour Commissioner, Central Government 69.02 Industrial Tribunal, Research and Information Technology 4 Direcorate General of Factory Advice Services (DGFASLI) 23.65 5 Directorate General of Minies Safety (DGMS) 62.34 6 International Cooperation 22.50 7 Directorate General of Employ ment 36.76 8 Labour and Employment Statistical System (LESS) 45.00 9 Strengthening of Adjudication Machinery and holding of LokAdalats 10.00 10 Machinery for Better Conciliation, Preventive Mediation, Effective Enforcement 32.11 of Labour Law s, Chief Labour Commissioner 11 Strengthening of DGFASLI Organization and OSH in factories , Ports and docks 11.00 12 Strengthening of Infrastructure facilities and core functions of Directorate 13.01 General of Mines Safety 13 Labour Welf are Sc heme 242.26 14 Creation of National Platform of Unorganized Workers and allotment of 50.00 an Aadhaar seeded identification numbers 15 BimaYojana for unorganis ed w orkers 50.00 16 Employees’ Pension Scheme, 1995 4900.00 17 Social Sec urity f or Plantation Workers in A ssam 35.00 18 National Child Labour Project including grants in aid to voluntary agencies and 120.00 reimbursement of assistanc e to bonded labour 19 Central Board for Workers Education 90.00 20 National Labour Institute 15.35 21 Employment Generation Programs 22 Coac hing and Guidance f or SC,ST and Other Backw ard Classes 22.00 23 Employ ment Promotion Sc heme 13.90 24 PradhanMantriRojgarProtsahanYojna 1652.09 National Career Serv ices 109.80 Total 7700.00

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CHAPTER-16 WELFARE OF SCHEDULED CASTES AND SCHEDULED TRIBES

NATIONAL CAREER SERVICE CENTRES FOR against notified vacancies. The Centre also SCHEDULED CASTES AND SCHEDULED follow s up w ith the employers f or plac ement TRI BES against vac ancies reserved for the Scheduled Cast and Sc heduled Tribe candidates. 16.1 National Career Service Centres (NCSCs) for Scheduled Castes and Scheduled 16.3 In addition, fourteen of these Centres Tribes (erstw hile Coaching-cum-Guidance provide facilities for training in Shorthand and Centres for SC/ST) w ere established by Typing. The phy sical achievements of various Directorate General of Employment & Training National Career Service Centres f rom April, 2018 (now Directorate General of Employment), to Oc tober, 2018 are given below : Ministry of Labour & Employment, Govt. of India. These Centres provide services to educated SC/ Activity No. Of ST job seekers registered with Employment Candidates Exchanges for enhancing their employability Covered through coaching, counselling and related training Registration Guidance 22201 programmes. Some of the programmes organized by these Centres c over c onfidence Pre-Submiss ion Guidance * 3430 building, individual guidance, mock interview s, Confidenc e Building Programme 11505 training and practice in ty ping, shorthand and computer, etc. For further details on NCSC-SC/ Training in Typing and shorthand 6897 STs refer chapter 24. Pre-Recruitment Training (PRT) 2050

16.2 The scheme w as launched in 1969-70 * Guidance given to candidates before in 4 Centers on a pilot basis . Keeping in view the submission of his candidature to the respec tive success of the scheme, it w as extended to employer for selection / interview another nineteen States in a phased manner. At present, tw enty f ive National Career Service SPECIAL COACHING SCHEME Centres for SCs&STs are functioning in tw enty five States/Union Territories (tw o of these at Jow ai 16.4 To f ac ilitate the recruitment against and Vishakhapatnanam are still in the proc ess of reserved vacancies in various Central being made f ully functional). Thes e centres Government Ministries/Departments, the provide oc c upational inf ormation, indiv idual Directorate General of Employment is guidance and organize confidence building implementing the “Special Coaching Scheme” for programmes for the benefit of the job seekers Scheduled Castes and Scheduled Tribes s o as belonging to Scheduled Castes and Scheduled to enable SC/ST job seekers to appear in Tribes. The applicants are provided guidanc e at Competitiv e Examinations conducted by Staff the time of their registration w ith the Employment Selection Commission and other Rec ruitment Exc hange and also w hen they are sponsored Boards for recruitment to Group ‘C’ posts. This

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scheme w as launched in 1973 on a pilot bas is at (ww w.ncs.gov.in) the NCSC have also been Delhi. So far 33 phases of the scheme have been identified as Centres for registration of candidates completed upto 2016-17. seeking employment related services.

16.5 Encouraged w ith the succ ess of the Labour Welfare Funds/Schemes above scheme, the scheme w as extended to more places through the National Career Service 16.7 A number of schemes providing Centres located at Bangalore, Calcutta medical, housing, educational, recreational, w ater Hyderabad, Ranc hi, Surat, Kanpur, Chennai, supply and f amily w elf are benefits are being Guwahati, Hisar, Imphal, Jabalpur, implemented for w orkers [including SCs/STs Thiruvanathapuram, Bhubaneswar, Jaipur, persons and persons w ith Disabilities (PWDs] Nagpur, Mandi, Jammu, Jalandhar, Kohima and engaged in Mica Mines, Iron Ore, Manganese Naharlagun in a phased manner. Special Ore and Chrome Ore Mines, Limestone and Coac hing Scheme 2018-19 is in progress w.e.f. Dolomite Mines, Cine and Beedi w orkers under 01.07.2018. 19144 SC/ST candidates have the five Welfare Funds , namely, Mica Mines succ es sf ully completed coac hing under this Labour Welfare Fund; Limestone & Dolomite programme so far. Mines Labour Welf are Fund; Iron Ore Mines, Manganese Ore and Chrome Ore Mines Labour COMPUTER TRAINING TO SC/ST Welf are Fund; Cine Workers Welfare Fund; and EDUCATED JOB SEEKERS Beedi Workers Welfare f und set up by the Acts of parliament. No separate data is maintained 16.6 This scheme w as started w ith ef fect w ith regard to budget/ expenditure/number of from February 2004, to provide six months persons benefited in respect of SCs/STs Persons Computer Training to SC/ST educated job and Persons w ith Disabilities (PWDs). seekers registered w ith the Employment Exchanges through outsourcing training facilities. Rehabilitation of Bonded Labour The Scheme has been modified keeping in view the demand f or trained manpow er in the job 16.8 In order to assist the State market w ith effect from August, 2009 to ‘O’ level Gov ernments in the task of rehabilitation of one year c omputer training. So far, 17960 SC/ released Bonded Labour, Ministry of Labour & ST candidates through DOEACC Soc iety [now Employ ment launched a Centrally Spons ored National Ins titute of Elec tronic & Inf ormation Plan Scheme for rehabilitation of released bonded Technology (NIELIT)] hav e been provided training labour in May, 1978. The Government has under the supervision of 21 NCSCs in ten revamped the Centrally Sponsored Scheme for batches. The training of 11th batch is in progress Rehabilitation of Bonded Labourers w ith ef fect w ith a seating capacity of 1500 SC/ST candidates from 17th May, 2016. The revamped scheme is registered w ith the Employment Exchanges w.e.f. known as ‘Central Sector Scheme for July, 2018 under the supervision of 21 NCSC for Rehabilitation of Bonded Labourer, 2016’. The SC/STs. One y ear ‘O’ lev el Computer Training revis ed scheme is a Central Sec tor Sc heme. Hardw are Maintenance Training has also been The State Government is not required to pay introduced w.e.f 01.08.2012. So far 7350 SC/ST matching contribution for the purpos e of c ash candidates at 21 NCSC for SC/STs have been rehabilitation ass istance. Financ ial assistance prov ided training in four batches and 7th batch is has been increased from Rs. 20,000/- to one lakh in progress w.e.f. Augus t, 2018. Keeping in view per adult male beneficiary, Rs. 2 lakh for special the Government’s initiative under NCS category beneficiaries such as children including

138 Annual Report 2018-19

orphans or those rescued from organiz ed & rehabilitation of 2,93,716 bonded labourers . As forced begging rings or other forms of forced child per the report of the National Commission on labour, and w omen and Rs. 3 lakh in cases of Rural Labour, 1991, 86.6% of the identified bonded bonded or forced labour involving extreme cases labours belong to SC/ST category, so benefits of of deprivation or marginalization suc h as trans- the s cheme are follow ing predominantly to these genders, or w oman or children rescued from categories of bonded labourers. ostensible sexual exploitation such as brothels, mass age parlours , placement agencies etc., or Health Scheme trafficking, or in cases of differently abled persons, or in situations where the District 16.9 Besides providinghealth care facilities Magistrate deems f it. Till date, a s um of Rs. to beedi w orkers and their families through 10 9,581.12 Lakhs has been releas ed under the Hospitals and 286 Dispensaries, follow ing scheme to the State Governments for assistance is being prov ided in case of certain critical diseas es.

S. PURPOSE NATURE OF ASSISTANCE No. 1 Tuberculosis Reservation of beds in T.B. Hospitals and domiciliary treatment f or w orkers. Subsistence allow ance of Rs. 750/- to Rs. 1000/- p.m is granted as per the adv ice of the treating physician. 2 Heart Diseases Reimbursement of expenditure up to Rs. 1,30,000/- . 3 Kidney Transplantation Reimbursement of expenditure up to Rs. 2,00,000/- . 4 Canc er Reimbursement of actual expenses on treatment, medicines and diet charges incurred by w orkers, or their dependents for treatment through Gov t. rec ognized hospitals. 5 Minor surgery like Hernia, Reimbursement of expenditure up to Rs. 30,000/- . Appendectomy, Ulcer Gynecological diseases and Pros trate diseas es.

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REPRESENTATION OF SCs&STs IN M AIN SECRETARIAT OF M INISTRY

16.10 Data on representation of Scheduled Castes (SCs) / Scheduled Tribes (STs) employees in the Ministry of Labour & Employment is furnished in Table 16.1.

Table 16.1

REPRESENTATION OF SCs/STs IN THE MINISTRY OF LABOUR &EMPLOYMENT INCLUDING ITS ATTACHED / SUBORDINATE OFFICES / AUTONOM OUS BODIES Group Total No. of Due as per In position Surplus(+) Employees reservation norms Shortfall(-) (as on 1.1.2018) SC (15%) ST (7.5%) SC ST SC ST Group ‘A’ 4330 659 332 609 275 -50 -57 Group’B’ 5378 871 433 968 433 +97 0 Group ‘C’ (including 32874 5011 2506 6459 2154 +1448 -352 erstw hile Group ‘D’ also) Total 42582 6541 3271 8036 2862 +1495 -409

16.11 As per the requirement of the “Rights of Persons w ith Disabilities Act, 2016, 4% posts are to be reserved for Person w ith Dis abilities. The data and number of posts held by Persons w ith Disabilities (PWDs) in the Ministry of Labour and Employment is f urnished in the Table 16.2.

Table 16.2

REPRESENTATION OF PERSONS WITH DISABILITIES (DIFFERENTLY ABLED) IN THE MINISTRY OF LABOUR & EMPLOYM ENT INCLUDING ITS ATTACHED / SUBORDINATE OFFICES / AUTONOMOUS BODIES Category of Employees Total Number of Number of posts held Employees (as on 1.1.2018) by disabled persons Group ‘A’ 4330 53 Group ‘B’ 5378 112 Group ‘C” (including erstw hile 32874 846 Group ‘D’ also) Total 42582 1011

140 Annual Report 2018-19

CHAPTER-17 LABOUR STATISTICS

Functions and Organizational Set-up of Central agenc ies. Labour Bureau Chandigarh/Shimla: v) Bringing out regular and ad-hoc publications 17.1 Labour Bureau has been engaged in in the field of labour. collection, compilation, analysis and diss emination of labour statistics at All India and 17.2 The tw o main w ings of Labour Bureau State level on diff erent fac ets of labour. The are at Chandigarh and Shimla and its five statistics help in providing vital inputs for Regional off ices are at A hmedabad, Kolkata, formulation of suitable policies and for suggesting Chennai, Kanpur and Guw ahati and a Sub- appropriate ameliorative measures to improve the Regional office at Mumbai under Ahmedabad conditions of different s egments of labour f orce. Regional Off ice. The main activities of the Bureau include: Major Activities and Achievements of Labour i) Compilation and maintenance of Cons umer Bur eau Price Index Numbers for (i) Industrial Workers; (ii) Agricultural and Rural I. Consumer Price Indices Labourers, (iii) Retail Price Index of Selected 17.3 The Cons umer Price Indices compiled & Essential Commodities in Urban and Rural maintained by Labour Bureau on a regular Areas and (iv) Wage Rate Indices. monthly bas is are as under:- ii) Collection, compilation and dissemination of (a) Consumer Price Index Numbers for statis tical information on various aspects of Industrial Workers (CPI-IW) base labour such as employment, unemploy ment, 2001=100 w ages and earnings, abs enteeism, labour turnov er, social security, w elfare amenities, 1. Cons umer Price Index Numbers f or industrial relations , etc. on the basis of Industrial Workers (CPI-IW) w hich statutory and voluntary returns under meas ure the rate of change in prices different Labour Acts. of a fixed basket of goods and services consumed by the w orking class iii) Conducting research studies and surveys population are compiled and maintained on labour related matters in organiz ed/ by Labour Bureau. unorganized sectors covering, inter-alia, SC/ ST Workers, Women Labour, Contract 2. Labour Bureau compiled and released Workers and occupational w age surveys in the Consumer Price Index Numbers manufacturing industries, mines, plantations for Industrial Workers on base: and servic e sectors. 2001=100 from January, 2006. The index numbers are released on the last iv) Imparting training to State/UT personnel and w orking day of every succeeding month the trainees sponsored by various State and

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through Press Release. These are also d) Statutory and Voluntary Returns publis hed in the Bureau’s monthly publication “Indian Labour Journal” 17.8 Labour Bureau collects, c ompiles and besides putting them on the Bureau’s disseminates labour statistics on different facets Website www.labourbureaunew. of labour based on Annual statutory returns gov.in. A comparative Statement of received f rom various State and UT authorities variations in Cons umer Price Indic es under the provisions of various Labour (CPI) for Industrial Workers (IW) is Enactments and voluntary s tatistics relating to given in Table 17.1(i) and 17.1(ii). industrial disputes, closures, lay-offs and retrenchments furnished every month by the State 17.4 An A nnual Report on Cons umer Price and Central Labour Departments to the Labour Index Numbers for Industrial Workers for the year Bureau. 2017 has been released. e) Field Surveys and Studies (b) Consumer Price Index Numbers for Rural Labourers and for Agricultural Labourers 17.9 Labour Bureau conducts periodic /ad- [CPI (RL/AL)] (Base: 1986-87=100) hoc surveys on dif ferent aspects of labour such as: i) Employ ment, ii) Wages and Earnings, iii) 17.5 Based on the retail price data collected Working and Living Conditions of workers from 600 s ample v illages , CPI Numbers for Rural engaged in the Organized and Unorganized labourers and its subset Agric ultural Labourers sectors of the ec onomy to bridge the gap in the are being c ompiled for 20 States and All-India on availability of labour statistics. Labour Bureau also base 1986-87=100 on a monthly basis. collects w age rate data for 25 agricultural and non-agricultural occ upations regularly every 17.6 Labour Bureau also compiled & month from 600 s ample v illages of 20 states / released CPI Numbers for Agricultural & UTs. Achievements during the reference year are Rural Labour (Base 1986-87=100). The as under: comparative statement of annual variation in CPI- AL and CPI-RL is presented in Table 17.2.  Wage rate statistics was compiled upto the month of July, 2018 and published in (c) Base Updation of Pr ice Index Num bers the Indian Labour Journal. for Industrial Workers (CPI-IW)  The booklet titled “Wage Rates in Rural 17.7 Labour Bureau is in the process of India” for the year 2016-2017 has been updating the series w ith more recent base period released. i.e. 2016=100.On completion of field activities, new Series will be placed before Standing (f) Occupational Wage Survey Tripartite Committee (STC), Technical Advis ory Committee on SPCL (TAC on SPCL) and 17.10 Different rounds of Occupational National Tripartite Forum represented by A pex Wage Surveys (OWS) are being conducted w ith Level Trade Union Leaders, Employers’ the objective of providing data/information required Associations Representatives and State to obtain Occupation-w ise data on employment, Representatives both from Central Ministries as w age rates and dearness allow ance for building w ell as States. On approval by the Tripartite up Wage Rate Index Numbers. Committee, the index w ith new base w ill formally be releas ed.

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i) The f ield w ork under the 7th Round of OWS w orking and living conditions of w orkers engaged w as launched in July, 2016 and has been in the Unorganised Sector of Industries/ completed in all the 56 indus tries. Out of 10 employments. So far, 31 surveys have been reports of 7th round of Occupational Wage conducted and all the reports have been released. Surv ey (OWS), follow ing 04 reports have The latest survey has been conducted in been released; Readymade Garment Industry. The w ork of data collection from all the allocated centers, scrutiny (1) Textile Industries, of schedules and tabulation w ork under Readymade Garment Industry Surv ey has been (2) Tex tile Garment Indus try, completed.

(3) Plantation Industry and (i) Studies on Evaluation of Implementation the Minimum Wages Act, 1948: (4) Tea Processing Industry 17.14 The survey aims at evaluating the ex tent The remaining 06 reports are under consideration to w hich the Minimum Wages Ac t, 1948 is being of the Tec hnic al Advisory Committee on OWS implemented in various scheduled employments cons tituted by the Minis try. in different parts of the country. So far 28 such (g) Contract Labour Survey studies have been conducted and all the reports released. 17.11 Contract Labour Survey aims at studying the extent & nature of problems f aced II. Working and Living Conditions of by contract labour and w orking conditions of Scheduled Tribes workers in Industrial contract labour employed in different segments Centres/industrial belts. of industries vis -a-vis the provisions under the 17.15 So f ar, Labour Bureau has conducted Contract Labour (Regulation & A bolition) Ac t, 9 Sc heduled Castes w orkers and 9 Scheduled 1970. Information collec ted under the s urv ey Tribes workers surveys. A survey is being relates to contractor w ise employment of conducted on “Working and Liv ing Conditions of contract labour, jobs performed by such labour, the Scheduled Castes Workers in unclean reas ons for pref erring employ ment of contract occupations” in Ludhiana and SBS Nagar, labour, w orking conditions, w ages & allow ances, Punjab. Data validation and data processing w ork fines & deductions, w elfare facilities, social has been completed and report w riting w ork is in security, indus trial relations, maintenanc e of progress. records by the contractor, etc. (j) Revamped Quarterly Employment 17.12 So far, 47 Surveys have been Survey. conducted in 39 industries. The Contract Labour survey in Food Corporation of India 17.16 Labour Bureau initiated Rev amped w as launched during the year 2017. Field w ork QES in April, 2016 by extending the scope for collection of data is presently in progress. covering 8 major sectors v iz. Manufac turing, Construction, Trade, Transport, Education, (h) Working and Living Conditions of Workers Health, Acc ommodation & Restaurants and IT/ in Unorganised Sector of Industries/ BPO having 10 or more w orkers. These 8 sectors Employments: constitute around 81 percent of the total 17.13 The aim of the survey is to collect data on employment of units w ith 10 or more w orkers as

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per the 6th Economic8 sectors constitute around during January, 2013 to April, 2014. Till date, seven 81 percent of the total employment of units w ith reports of Quarterly Employment Survey (QES) 10 or more w orkers as per the 6th Economic have been released. Data Tabulation w ork is in relativ e c hange in employment s ituation ov er progress for 8th and 9th round of QES. The data suc cessiv e quarters in a sizeable s egment of collection w ork f or 10th round of QES has been Non-farm Industrial economy Census, c onducted completed.

Under the New Series, the sec tor-w ise details regarding level estimates under f irst round and c hange estimates of employment under 2nd, 3rd, 4th, 5th, 6th & 7th Rounds are presented in Table.

Sector-w ise Change of Employment

S. Sector Level Estimates (1st Round) and Change Estimates of Employment No. (2nd , 3rd, 4th ,5th, 6th& 7th )(in lakhs)

Level (1 July, (1 Oct, (1 Jan, (1 Apr, (1 Jul, (1 Oct, Estimates 2016 2016, 2017 2017 2017 2017 as on over over over over over over 1 April, 1 April, 1 July, 1 Oct, 1 Jan 1 Apr 1st July, 2016 2016) 2016) 2016 ) 2017) 2017) 2017) 1 Manufac turing 101.17 -0.12 0.24 0.83 1.02 -0.87 0.89 2 Construction 3.67 -0.23 -0.01 -0.01 0.02 0.10 -0.22 3 Trade 14.45 0.26 -0.07 0.07 0.29 0.07 0.14 4 Trans port 5.8 0.17 0.00 0.01 0.03 -0.03 0.20 5 Ac commodation 7.74 0.01 -0.08 0.00 0.03 0.05 0.02 & Restaurant 6 IT/ BPO 10.36 -0.16 0.26 0.12 0.13 0.02 0.01 7 Education 49.98 0.51 -0.02 0.18 0.02 0.99 0.21 8 Health 12.05 0.33 0.00 0.02 0.31 0.31 0.11 Total 205.22 0.77 0.32 1.22 1.85 0.64 1.36

(k) Annual Survey of Employment and work and scrutiny work of 6 th A nnual Unemployment Employ ment-Unemployment Surv ey has been completed and report is under finalization. 17.17 In order to fill the data gap for ascertaining the employment-unemployment scenario in the 17.18 Labour Force Participation Rate (LFPR), country, Labour Bureau has been entrusted by Worker Population Ratio (WPR) and the Ministry the task of conducting Annual Unemployment Rate (UR) for persons aged 15 Employment-Unemployment surveys. So far five year & above according to Usual Principal Status such survey s have been c onducted by Labour Approach (UPS) bas ed on 2nd, 3rd, 4th and 5t h Bureau and thereon reports released. The f ield Employment-Unemployment Survey is as follow s:

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Key Labour Force Estimates according to Usual Pr incipal Status (UPS) Approach based on 2nd, 3rd, 4th and 5th Employm ent-Unemployment Survey

(in percent)

Parameter 2nd EUS(2011-12) 3rd EUS(2012-13) 4th EUS(2013-14) 5th EUS(2015-16)

M F T P M F T P M F T P M F T P

LFPR 77.4 25.4 - 52.9 76.6 22.6 - 50.9 74.4 25.8 - 52.5 75.0 23.7 48.0 50.4

WPR 75.1 23.6 - 50.8 73.5 20.9 - 48.5 71.4 23.8 - 49.9 72.1 21.7 45.9 47.8

UR 2.9 6.9 - 3.8 4.0 7.2 - 4.7 4.1 7.7 - 4.9 4.0 8.7 4.3 5.0

M- Male; F-Female; T-Transgender & P-Person

(l) Training in Labour Statistics State Governments/Union Territories in the northern region for conducting the training 17.19 i) The 56th Central Training cours e in programme f or the benefits of primary units i.e. Improvement of Labour Statistics w as factories and establishments. This year, nine conducted during 5th to 7th September, training programmes w ere organized up to 2018 at Shimla. In this programme 30 September 2018 in the states of Haryana, officers/officials from various States / Jharkhand, Himac hal Pradesh, Bihar and Punjab UT’s /Central Departments participated. in w hich 336 officials participated f rom primary units. ii) The 27th Central Training programme on price collection and index (m) AREA FRAM E SURV EY compilation for Price Supervisors and Price Collectors w as conducted during 17.21 Considering the importance of 12th to 14th September 2018 at Labour Quarterly Employment Survey (QES) due to its Bureau, Shimla. In this programme 39 periodicity, results and coverage, it w as decided off icers/off icials from various States by the Minis try of Labour and Employment to participated. conduct A rea Frame Survey (AFS) on a large scale across all the states/UTs by covering iii) Training programme for 26 enterprises employing less than 10 w orkers so th probationers, 40 batch of Indian that findings of the surv ey are reflec tive of the Statistical Service during 21/03/2018 to trends in employ ment for the non-farm sec tors 23/03/2018 w as organized. of the economy.

iv) Training programme for 47th batch of 17.22 Area Frame Survey is proposed to be 23 employees of Ordnance Fac tory conducted in all States/UTs as per the sample Medak-Telangana w as organised on design approved by the Expert Group covering th 16 August 2018. es tablis hments w ith less than 10 w orkers in 10000 Firs t Stage Units (5000 Villages & 5000 17.20 The Regional Offic e of Labour Bureau Enumeration Bloc k (EBs ) in urban area). The at Kanpur, also renders assistance to different

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preliminary w ork of the survey w hic h includes Table 17.1(i) finalization of Listing Sc hedules, Detailed enquiry schedule, Sampling design and Instruction Comparative Statement of variations in Manual is presently in progress . After completion Cons umer Pri ce Indic es (CPI) for Industri al of preliminary w ork, the field w ork of the AFS is Workers (IW) proposed to be launched in December, 2018 by pre-testing the s chedules and conduc ting Pilot Year CPI Percentage Surv eys in the State of Karnataka, Odisha and (IW) variation Haryana. (annual)

(n) SURVEY ON PRADHAN MANTRI MUDRA III. Base 2006-2007 125 6.83 YOJNA 2001=100 2007-2008 133 6.40 17.23 In compliance of Ministry ’s direction, 2008-2009 145 9.02 Labour Bureau initiated preliminaries to launch the survey to es timate the employment created 2009-2010 163 12.41 under the Pradhan Mantri Mudra Yojna (PMMY). The Ministry also constituted an Expert Group to 2010-2011 180 10.43 finalize the technical details of the survey vide its order dated 29.12.2017. 2011-2012 195 8.33

17.24 The technical details pertaining to 2012-2013 215 10.26 PMMY Survey w ere finalized in a series of Expert Group Meetings . The preliminary w ork of the 2013-2014 236 9.77 PMMY survey has also been completed. The field w ork of the survey w as launched on 10th April, 2014-2015 251 6.36 2018. Under the PMMY Surv ey, it has been 2015-2016 265 5.58 decided to canvass about 1.25 Lakh beneficiaries schedules. Accordingly, 3957 bank branches and 2016-2017 276 4.15 1612 MFIs (Micro Financial Institutions) have been selected f or conduct of the s urvey. About 4445 2017-2018 284 2.90 bank branches/MFIs and around 87000 Beneficiary Schedules have been covered till the Note : month of November, 2018. The fieldw ork of the survey on Pradhan Mantri Mudra Yojna has been i). Index v alues are annual av erage of the completed on 30th Nov ember, 2018. respec tive financial year averages.

Publications ii) Perc entage variation for 2006-07 has been derived by converting the figures of 17.25 The Bureau brings out a number of 2001=100 by using linking factor i.e. 4.63. publications based on the s tatistic al research The converted figure for 2006-07 w as 579. w ork, studies and surveys conducted by it. The list of publications w hich have been released/ iii) Value for the year 2005-06 w.e.f. Jan., 2006 finalized during 2018 is given in Table 17.3. hav e been deriv ed f rom the figures of 2001=100 by using conversion factor (4.63)

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March February January December ember Nov October September August July June May April Month

Index

224 223 221 219 218 217 215 214 212 208 206 205

2012-13

0 45 +0. 90 +0. 91 +0. 46 +0. 46 +0. 93 +0. 47 +0. 94 +0. 92 +1. 97 +0. 49 +0. 99 +1. variation Percentage

Index

239 238 237 239 243 241 238 237 235 231 228 226

2013-14

0 42 +0. 42 +0. 84 -0. 65 -1. 83 +0. 26 +1. 42 +0. 85 +0. 73 +1. 32 +1. 88 +0. 89 +0. variation Percentage

Monthly variation in CPI- IW (Base: 2001=100) IW (Base: CPI- in variation Monthly

Index

254 253 254 253 253 253 253 253 252 246 244 242

2014-2015

0 40 +0. 40 -0. 40 +0. 0.00 0.00 0.00 0.00 40 +0. 44 +2. 82 +0. 83 +0. 26 +1. variation Percentage

Index

268 267 269 269 270 269 266 264 263 261 258 256

2015-2016

0 37 +0. 74 -0. 0.00 37 -0. 37 +0. 12 +1. 76 +0. 38 +0. 77 +0. 16 +1. 78 +0. 79 +0. variation Percentage

Index

275 274 274 275 277 278 277 278 280 277 275 271

2016-2017

0 36 +0. - 36 -0. 72 -0. 36 -0. 36 +0. 36 -0. 71 -0. 08 +1. 73 +0. 48 +1. 12 +1. variation Percentage

Index

287 287 288 286 288 287 285 285 285 280 278 277

2017-2018

- 35 -0. 70 +0. 69 -0. 35 +0. 70 +0. - - 79 +1. 72 +0. 36 +0. 73 +0. variation Percentage

Index

302 301 301 301 291 289 288

Table 17.1 (ii) 17.1 Table

2018-2019

0 33 +0. 00 +0. 00 +0. 44 +3. 69 +0. 35 +0. 35 +0. Percentage

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Table 17.2 Comparative Statement of variation in Consumer Price Indices for AgriculturalLabourers (CPI-AL) and Rural Labourers (CPI-RL) on bas e 1986-87=100 Year CPI-AL CPI-RL Annual pe rcentage variation CPI-AL CPI-RL 1995-1996 237 238 1996-1997 256 256 8.02 7.56 1997-1998 264 266 3.13 3.91 1998-1999 293 294 10.98 10.53 1999-2000 306 307 4.44 4.42 2000-2001 305 307 -0.33 0.00 2001-2002 309 311 1.31 1.30 2002-2003 318 321 2.91 3.22 2003-2004 331 333 4.09 3.74 2004-2005 340 342 2.72 2.70 2005-2006 353 355 3.82 3.80 2006-2007 380 382 7.65 7.61 2007-2008 409 409 7.63 7.07 2008-2009 450 451 10.02 10.27 2009-2010 513 513 14.00 13.75 2010-2011 564 564 9.94 9.94 2011-2012 611 611 8.33 8.33 2012-2013 672 673 9.98 10.15 2013-2014 750 751 11.61 11.59 2014-2015 800 802 6.67 6.79 2015-2016 835 839 4.37 4.61 2016-2017 870 875 4.19 4.29 2017-2018 889 895 2.18 2.29 Note:-. (i) The average for the year 1995-96 is based on five months i.e. November, 1995 to March, 1996 (ii) Index values are annual averages of the respective financial year (iii) The series of CPI-AL/RL on base 1986-87=100 w ere releas ed w.e.f. the index for the month of November, 1995. In the case of CPI-AL, the linking factor betw een old (1960-61) and new (1986- 87) series is 5.89 w hile the series of CPI-RL w as introduc ed for the first time w.e.f . November, 1995 index. Source: Labour Bureau, Shimla

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TABLE 17.3

LIST OF PUBLICATIONS RELEASED/FINALISED DURING 2018

Sl. Publications No. 1. Indian Labour Journal (Monthly) 2. Annual Report on Consumer Pric e Index Numbers for Industrial Workers Base 2001=100 for the year 2017. 3. Annual Report on Consumer Pric e Index Numbers for Agric ultural & Rural Labourers Base 1986-87=100 f or the y ear 2016-17. 4. Rural Labour Enquiry (2009-10) report on ‘Employment and Unemployment of Rural Labour Households ’. 5. The Annual Review on the Plantation Labour Act, 1951 for the year 2015. 6. The Review on the Industrial Establishments Act (Standing orders), 1946 for the year 2015. 7. The Review on the Motor Transport Workers’ Act, 1961 – 2015. 8. The Review on the Employees Compens ation A ct, 1923 – 2015. 9. The Review on the Working of the Maternity Benefit Act, 1961 f or the year 2015. 10. The Shops & Commercial Establishments Act f or the year 2015. 11. The Report on Payment of Wages Act, 1936 for 2014. 12. The report on “Statistics of Factories 2014”. 13. The reports on “Trade Unions in India” for the year 2014 and 2015. 14. Report on Five Tex tile Industries under 7th round of Occupational Wage Survey (OWS). 15. Report on Textile Garment Industry under 7th round of Occupational Wage Survey (OWS). 16. Report on Plantation sec tor Industry under 7th round of Occupational Wage Survey (OWS). 17. Report on Tea Proc essing Industry under 7th round of Occupational Wage Survey (OWS). 18. Annual Survey of Industries, Report on Statistics on Employment and Labour Cost (Vol. I) and Absenteeism, Labour Turnover, Employment and Labour Cost (Vol. II) for the year 2013-14. 19. The Report on Wage Rates in Rural India for the year 2016-17. 20. Pocket Book of Labour Statis tics 2016. 21. Indian Labour Statistics 2016. 22. Indian Labour Year Book 2016. Ad-hoc Survey i) The Report of the 5th to 7th Round of Revamped QES.

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CHAPTER-18 LABOUR RESEARCH & TRAINING

18.1 V.V. Giri National Labour Institute  Building understanding and (VVGNLI), an autonomous body of the Ministry of partnerships w ith globally respec ted Labour and Employ ment, Government of India institutions involved w ith labour. w as set up in July 1974 and has grow n into a premier Ins titute of labour research and training. OBJECTIVES AND MANDATE Since its inception, the Institute has endeavoured through its research, training, education and 18.3 /The Memorandum of Association publications to reach out to diverse groups spells out clearly a w ide range of activities that conc erned w ith various aspects of labour in the are essential to fulfill the objective of the Institute. organised and unorganised sectors . The f ocus It mandates the Institute: of s uch endeavours is the concern to transfer (i) to undertake, aid, promote and coordinate academic insights and understanding for research on its ow n or in collaboration w ith application to policy formulation and action, so other agencies, both national and as to ensure a just place for labour in an international; egalitarian and democratic society. (ii) to undertake and assist in organising training VISION and education programmes, seminars and 18.2 A globally reputed institution and centre w orkshops; of exc ellenc e in labour research and training (iii) to establish w ings f or : committed to enhancing the quality of w ork and w ork relations (a) educ ation, training and orientation;

M ISSION (b) research, including action research;

 Bring Labour and Labour Relations as (c) cons ultancy; and the Central Feature in Dev elopment Agenda through: (d) publication and other such activities as may be necessary f or achieving the  Addressing issues of transformations objec tives of the soc iety; in the w orld of w ork; (iv) toanalyse specif ic problems encountered in  Disseminating know ledge, skills and the planning and implementation of labour attitudes to major soc ial partners and and allied programmes and to suggest stakeholders concerned w ith labour remedial measures; and employment; (v) to prepare, print and publish papers,  Undertaking research studies and periodicals and books; training interventions of w orld class standards, and

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(vi) to establish and maintain library and w ork and agrarian relations. The Institute also information services; prov ides research and technic al support to the Ministry of Labour and Employ ment and other (vii) To collaborate w ith other institutions and policy making bodies of the Government. The agencies in India and abroad w hich have researchac tivities of the Ins titute are carried out similar objectives; and under the aegis of specialised research centres. Each research centre has a Research Advisory (viii) to offer fellow ships, prizes and stipends. Group comprising eminent scholars and prac titioners to prov ide relev ant advice and STRUCTURE direction. 18.4 The General Council, the apex 18.6 Research Projec ts c ompleted during governing body of the Institute, w ith Union Labour 2018-19 under the different researc h centers of and Employ ment Minister as its President, lays the Institute are listed below : dow n the broad policy parameters for the functioning of the Institute. The Executiv e Council 1. National Resource Centre on Child w ith Secretary (Labour & Employment) as Labour Chairperson monitors and guides the activities of the Institute. Both the General Council and the  Sectoral Analy sis of Employ ment of Executiv e Council are tripartite in nature and Children in select Districts for consist of members representing the sens itizing and enhancing capacity of government, trade union federations, employers’ Distric t-level stakeholders for ef fective as sociations and als o eminent s cholars and Implementation of National Child practitioners in the field of labour. Director General Labour Project of the Ins titute is the Princ ipal Executive Off icer and manages and administers the activities of  Deterring the Determinants of Child the Institute. Director General is aided in the day- Labour through Documentation, to-day functioning by a team of fac ulty members Digitization and Dissemination (Phase consisting of professionals from different 2) disc iplines and a team of administrativ e offic ials and staff. 2. Centre for Labour Market Studies

MAJOR ACTIVITIES  Changing Dynamics of Internal Migration in India RESEARCH  Transformations in India -Gulf Labour 18.5 Researc h on labour and related issues Migration Corridor : Trends and constitutes one of the core mandates of the Determinants Institute. The Institute has been actively engaged in undertaking policy research and action  Technological Change and New Forms research, covering a w ide range of labour related of Employment : With Focus on issues viz . new f orms of employment, future of Sharing Economy (Research study w ork, structural transformation and its initiated under the aegis of BRICS implications, skill development, labour Netw ork of Labour Research Institutes) law s,industrial relations , informal economy,social sec urity, child labour, labour migration, dec ent  Quality employment generation in Micro

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and Small enterprises (MSEs) in India: 6 . Centre for Labour and Health Studies Strategies and Way Forw ard  Gender, Work and Health – A Study of  Report of the Expert Committee on Work Organization, Social Security and Determining the Methodology for Fixing Safety Provisions in Informal the National Minimum Wage manufacturing in Delhi NCR

3. Centre for Employment Relations and  Employment Relation, Wages and Regulations Working Conditions in Beedi Indus try in India  Regulation of Fixed Term Employment: An Inter-country Perspective 7. Centre for Gender and Labour

4. Centre for Agrarian Relations and Rural  Unpaid Work and Time Use Patterns Labour of Women Workers in North East India: Spec ial ref erence to Tripura  Agrarian Crises and Rural Labour in General and Women Agricultural  Pros pects for Youth Employment in Labour in partic ular Agriculture: Issues and Challenges

 Rural Industrialisation and Options for  Impact of the Maternity Benefit Self Employ ment in Rural A reas (Amendment) Act, 2017 in the IT/ITES Industry 5. Integrated Labour History Research Programme 8. Centre for North East Research & Training  History of Indus trial Relations in Post Independent India: A Practic e Oriented  Social Protec tion Schemes in North Perspective Eas t India

 Technology and Labour: A Long Term TRAINING AND EDUCATION (2018-19) Perspective 18.7 V.V. Giri National Labour Institute is  Tow ards Enhancing the Effectiveness committed to promote a better under-s tanding of of Minimum Wage Systems: The Wage labour problems and to find the avenues and Protection System in Kerala means to tac kle them. To ac hiev e this, the  The Wage Question and the Institute, through its varied activities attempts to Transformation of Industrial Relations provide education w ith regard to labour issues in in Late-Colonial India an integrated manner. While res earch activities, among other things explore the basic needs of  International Labour Migration in the diff erent groups , such data generated from Past and the Present research activities is used for designing new and modifying existing training programmes.  Mapping Workers Lives (Oral History) Cons tant feedback from the trainees and  Launching of the Upgraded Website participants is us ed for updating the training of Archives of Indian Labour curriculum as w ell as redesigning training

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modulesapart from being taken as inputs for from the Institute’s faculty, renow ned guest faculty further research activities. arealso invited to strengthen the training programmes . 18.8 Educational and training programmes of the Institute may be view ed as potential vehicles 18.10 The Institute offers education and of structural change in labour relations. They can training to the follow ing groups: help to generate a more positiv e attitude for the promotion of harmonious industrial relations . In  Labour Administrators and of ficials of the rural areas, the programmes are attempted the Central and State Governments, to develop leadership at the grassroots lev el that can build and support independent organis ations  Managers and Offic ers of the Public to look after the interests of the rural labour. and Private Sector Industries, Training programmes equally emphasise  Trade Union Leaders, Industrial attitudinal change, skill development and Relations Managers, Soc ial Activis ts enhancement of know ledge. and different stakeholders of organised 18.9 The training programmes use an and unorganised s ectors, and appropriate mix of audio-vis ual presentation,  Researchers , Trainers, field w orkers lectures, group discussions, case studies, f ield and others concerned with labour visits and behavioural science techniques. Apart issues.

Training Programmes held during April, 2018 to March 2019

S.No Name of the Programme No. of No. of No. of Progs. Days of Participants Progs. 1. Labour Administration Prosrammes (LAP) 11 49 232 2. Industrial Relations Prosrammes (IRP) 18 75 342 3. Capac ity Building Programmes (CBP) 52 243 1763 4. Res earc h Methods Programmes (RMP) 6 58 137 5. International Pros rammes (ITP) 9 128 246 6. Child Labour Programmes(CLP) 4 9 176 7. In hous e Prosrammes (IHTP) 11 49 298 8. North East Prosrammes (NETP) 14 70 543 9. Collaborative Prosrammes (CTP) 21 77 723 146 758 4460

18.11 During the year from April 2018 – March international participants from diff erent countries 2019, the Institute has c onduc ted 146 training have attended these programmes. The details programmes including 09 International are as f ollow s: programmes and 4460 partic ipants inc luding

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INTERNATIONAL TRAINING PROGRAM MES PROGRAM M ES FOR NORTH EAST REGION

18.12 The Institute has been empanelled by 18.14 During April, 2018 to March 2019, the Ministry of External Affairs, Government of India Ins titute organised 14 training programmes for for conducting various international training North Eastern Region. These programmes w ere programmes under Indian Technical and designed for State Government Officials, Central Economic Cooperation(ITEC). During the period Trade Union Leaders, NGOs and c ivil society April 2018– March, 2019, the Institute organized members, researchers etc. 543 participants 09 International training programmes. The participated in these programmes. Institute is empanelled as a training institution under the ITEC/SCAAP of the Minis try of External Affairs, Government of India. The Institute organized 06 international programmes on key themes like Health Security and Protection of Workers , Labour and Employment Relations in a Global Economy, Enhancing Leadership Skills, Skill Development and Employment Generation, Gender Issues in World of Work and Research Methods in Labour Studies w hich w ere attended by183 foreign delegates from different countries.Bes ides this, the Institute conducted 03 international programmes for of ficials and other (LAP- Labour Administrat ion Programme) (IRP - Indust rial stakeholders of Gov ernment of Afghanistan in Relat ionProgramme) collaboration w ith International Training Centre of (CBP - Capacity Building Programme)(RMP - Research International Labour Organisation, Turin on Met hods Programme) subject s uch as “Private Sec tor Development (IP- I nternat ional Programme)(CLP - Child Labour through Value Chains in Fragile Settings”, Programme) “Leadership for Development in Fragile Settings” (I HP - Inhouse Training Programme)(NTP- North East and “Designing and Implementing Effective Wage Programme) Pol icies”. In all 154 f oreign off ic ials from 36 countries participated. (CTP- Collaborative Programme) PUBLICATIONS 18.13 The Institute also conducted jointly an International programme w ith International 18.15 V VGNLI has a dynamic publishing Training Centre of International Labour programme for dissemination of various labour Organisation (ITC-ILO), Turin, Italy, on related information in general and its research “Leadership for Employment Promotion in Fragile findings and experiences in particular. In order to Settings” at New Delhi during March 11-15, 2019 fulf ill this task, the Institute brings out journals, under the MoU signed betw een VVGNLI and ITC- occasional publications, books and reports. ILO, Turin w hich w as attended by 24 participants representing the government of ficials , w orkers’ Labour & Development organizations & employers’ organizations f rom 18.16 Labour & Developmentis a biannual Af ghanistan including three faculty members academic journal. It is dedicated to advanc ing the from VVGNLI and three officers f rom Ministry of understanding of various aspects of labour Labour and Employment.

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through theoretical analysis and empirical New sletter brought out by the Institute w hich investigations. The journal publishes articles of captures Institute’s multifarious activities in the high academic quality in the field of labour and area of research, training and education, related areas w ith emphasis on economic, social, w orkshop, seminar etc. The New sletter also historical as well as legal aspects and also brings out brief details about different events publishes research notes and book review s on organiz ed by the Ins titute. It als o highlights them particularly in the contex t of developing professional engagements of the Director countries. The Journal is a valuable reference for General and faculty members along w ith profiling scholars and practitioners spec ialising in labour the visits of the distinguished persons w ho v isit studies. the Institute.

Aw ards Digest: Journal of Labour Legislation Child Hope

18.17 Awards Digest is a quarterly journal 18.20 Chi ld Hopeis a quarterly new sletter w hic h brings out a summary of the latest case portraying the quarterly developments in the field law s in the field of labour and industrial relations. of c hild labour. The aim of this new sletter is to The decisions rendered by the Supreme Court, sens itise v arious sections of the soc iety on the High Courts and Central Adminis trativ e Tribunals need for prevention and elimination of child labour. are reported in the Journal. It includes artic les, It also focuses on the efforts of NRCCL in amendments to labour law s and other relevant combating the child labour problem in the country. information. The journal is a v aluable reference for personnel managers, trade union leaders and Shram Sangam w orkers, labour law advisors, educational 18.21 Shram Sangam is a biannual of ficial ins titutions, c onciliation offic ers, arbitrators of industrial disputes, prac tic ing adv ocates and language magazine brought out by the institute students of labour law s. to orient the employees tow ards progressive use of Hindi and to make use of their c reativ ity in its Shram Vidhan expansion. Apart from poems, essays and stories w ritten by the employees, it contains informative 18.18 Shram Vi dhan is a quarterly Hindi and motivational articles on art & culture, science, journal w hich brings out a summary of the latest current events, s ports, and biographies of great cas e law s in the field of labour and industrial men/authors. relations. The decisions rendered by the Supreme Court, High Courts and Central NLI Res earch Studies Series A dminis trativ e Tribunals are reported in the Journal. This journal is a valuable reference for 18.22 The Institute als o publishes a series personnel managers , trade union leaders and entitled, NLI Research Studies Series , to w orkers, labour law advisors, educational disseminate the findings of the research activities ins titutions, c onciliation offic ers, arbitrators of of the Ins titute. So far the Institute has published industrial disputes, prac tic ing adv ocates and 138 res earch findings in this series. students of labour law s. VVGNLI Policy Perspectives Indradhanush 18.23 VVGNLI Policy Perspectives f ocus es 18.19 Indradhanush is a bi-monthly on key policy interventions of the government and its implications for labour and employ ment. It also

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suggests on strategies/policy initiatives w hich offers the follow ing serv ices and products to its c ould be adopted in the area of labour and users. employment in future. 18.27 Physical Achievements 18.24 In all, a total of 38 publications w ere brought out during the period. 1. Books/Journals/Services – The library has acquired 174 books/reports/bound volumes of ADVOCACY AND DISSEMINATION journals / CDs/ AV/ VC during April 2018 to March 2019, thereby enlarging the s tock of books/ 18.25 Advocacy and dissemination of relevant reports/bound volumes of journals / slides / audio inf ormation about v arious programmes and vis ual / videos / CDs /photographs / Posters / schemes are considered as core strategies to banners/ c lippings / panels etc. to 65270. The enhance the outreach of the w elfare programmes library regularly subscribes to 178 professional launched by the government to benefit the journals, magazines and new spapers in printed disadv antaged people and bac kw ard regions. and electronic forms during period. It has recently During 2018-19, the Institute participated in tw o upgraded its library management softw are to large advocacy and dissemination activities, one “:LIBSYS 10 EJB” w hic h enables w eb bas ed at Jammu & Kashmir and other at Balia in Uttar library services. The s ervices offered by this Pradesh, to spread the information on recent Know ledge Centre are: Selective dis semination innovative government schemes, interventions of information (SDI); Current aw areness service; and activities of Ministry of Labour & Employment Bibliographical serv ice; On-line search; Article and VV GNLIfor enhancing the w elfare of the indexing of Journals; New spaper artic le clippings people. The Ins titute, w hile participating in such Mic ro-f iche search and printing; Reprographic activities, focuses on disseminating the Serv ice; CD-ROM Search; Audio/Visual Serv ice; information related to Institute’s other professional Current Content Service; A rtic le Alert Service; activities apart f rom inputs on different aspects Lending Serv ice and Inter-Library Loan Service of labour like employment, skill dev elopment, social security and labour, child labour, gender 2. Products and w ork, v arious programmes launched by the Ministry of Labour & Employment for the w elfare The library provides follow ing products in printed of labour, rural massesand agricultural labour. forms toits users: The Institute also displays all its major publications in s uch events.  Guide to periodical literature – Quarterly in-house publication providing N.R. DE Resource Centre on Labour bibliographical information of articles Information (NRDRCLI) from over 175 selected journals / magazine. 18.26 N.R. De Resource Centre on Labour Information (NRDRCLI) is one of the most reputed  Current Aw areness Bulletin – Quarterly library cum documentation Centre in the area of in-house publication providing labour studies in the c ountry. The Centre w as bibliographical information on renamed in memory of late ShriNitish R. De, the ac quisition in NRDRCLI. founder Dean of the Institute on July 01, 1999 to commemorate the Silver Jubilee Celebration of  Article Alert – Weekly publication the Institute. The Centre is fully computerized and prov iding bibliographic al information of

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important articles in all subscribed UPGRADING E-GOV ERNANCE AND DIGITAL journals/magazines. INFRASTRUCTURE OF THE INSTITUTE

 Current Content Service – Monthly 18.29 In accordance w ith the mandate of the publications . It is the compilation of Government of India to promote the National e- content pages of subscribed journals. Governance Plan (NeGP) and Digital India infrastructure, the Institute took a number of steps  Article Alert Service – This weekly to upgrade and s tabiliz e its e-Governance and service is hosted on the Institute’s w eb Digital infrastruc ture. Some of the major steps site for public acc ess. undertaken in this regard are as follow s:

3. Maintenance of specialized resource (i) Operationalization and Stabilization of e- centre Office Syste m: To improve the operational efficiency and increase transparency and The follow ing four specialized resource centers accountability, the ins titute has transitioned have been created and maintained f or reference to a ‘Less Paper Office’ by operationalizing purpose: e-Office s ystem Apart from e-Offic e, the Institute has successfully stabilized the  National Resource Centre on Child automated Central Registry Unit (CRU) for Labour electronic handling of DAK and email

 National Res ource Centre on Gender Diarisation process within the e-Office Studies system. Further, the Institute has received permission from the Minis try, for launc hing  National Resource Centre on HIV/AIDS e-Service Book module in the e-Office system and has submitted the requisite  National Know ledge Centre on Child Employee Master Data (EMD) to the NIC and Labour IT Cell of the Minis try for migration and integration into Personal Management DIGITAL ARCHIVE Inf ormation System (PIMS).

18.28 Netw orking w ith agencies (national and (ii) Launching and Strengthening of the New international) involved in digital arc hiv ing is a Website: The Institute w eb hosted the new cruc ial aspect of the arc hive. The arc hive is the bilingual w ebs ite http://w w w.vv gnli.gov.in/. country’s largest digital repository of labour The new w ebsite has a distinct look, many documents, w ith more than 15 gigabytes of data new features and extremely user friendly. on the World Wide Web Subsequent to the w eb hosting a lot of new (w w w.indialabourarchives.org) for public access. feature w ere added to the home page The collec tions f or the archives are generated especially the details about the Chairperson through commissioning and monitoring research of the GC and EC, strengthening the security and collec tion projects on prioritised areas of features and providing w ide publicity to labour history, w hich inv olves negotiation and Institute’s activities through provis ion of netw orking w ith experts and agencies, both within uploading captioned photos and visuals. and outside the country.

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(iii) Launching of Campus wide Wi-Fi and Surveillance System: To provide round the clock campus w ide w ireless internet connectivity to the partic ipants of national and international training programmes, visiting scholars and staff and to improve the security apparatus inside the c ampus, the Institute has succ essfully implemented the Wi-Fi and Surveillance project.

18.30 MAJOR ACHIEVEMENTS

 During 2018-19, V.V.Giri National M eeting of General Counc il of VVGNLI under the Labour Institute conducted 146 training chairpersons hip of Hon’ble Minister of State for Labour & programmes for various social partners Employment (I / C), ShriSant osh Kumar Gangw ar, as against 138 training programmes President , General Council, VVGNLI Shri Heeralal conducted during 2017-18. The number Samariy a, Secretary, M oLE &Vice-Pres ident of GC; of trainee participants w as 4460 during Ms.Sibani Swain, Additional Secretary & Financial Advisor, 2018-19 as against 4208 during 2017- MoLE and members of the General Council 18.  Shri Santos h Kumar Gangw ar, Hon’ble  VVGNLI undertook and completed 23 Minister of State for Labour & res earch projects during 2018-19 on Employment (I/C) and Direc tor General, n d various facets of labour and VVGNLI attended the meeting of ‘2 employ ment. BRICS Employment Working Group’ held from 30th July to August 1st , 2018  First meeting of the reconstituted at Durban, South A frica. VVGNLI has General Council (GC) of VVGNLI w as been recognized by the Government of held on 25th February, 2019 chaired by India as the Nodal Labour Institute to ShriSantosh Kumar, Gangw ar, Hon’ble netw ork w ith other Labour Institutions Minister of State for Labour & of f our BRICS countries Employment (I/C)/President of GC; ShriHeeralalSamariya, Secretary, Ministry of Labour & Employment and Vice-President of GC; Ms.Sibani Sw ain, Additional Secretary & Financial Advisor and members of the General Council representing Government, Employers’ Organis ations , Workers’ Organisations attended the meeting.

Shri Santosh Kumar Gangwar, Hon ’ble M inister for Labour & Employment; Dr. H. Srinivas, DG, VVGNLI; Shri

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Rajit Punhani, JS&DGLW; Shri Manu Tentiwal, PS to introduced by the Central and State Hon’ble Minister; Smt. Anita Tripathi, Deputy Secretary, Governments in different Labour MoL& E and others at the BRI CS Summi t at Dur ban, Laws’ w as organised. The w orks hop South Africa on 2nd August 2018 primarily aimed at sharing of best initiatives introduced by Central and  Labour & Development, (biannual State Governments in the recent past journal, June 2018); Aw ards Digest and w ays and means to replicate these (quarterly journal, A pril-June, 2018); initiatives . 33 participants comprising of Child Hope (quarterly new sletter, April- officials from the Ministry of Labour and June, 2018); and Indradhanus h (bi- Employment, the off ic e of the Chief monthly new sletter, May-June, 2018) Labour Commissioner, senior offic ials w ere released by Shri Heeralal from the State Governments etc. Samariya, Secretary (Labour & participated in the w orks hop. Employment) and Chairperson, Exec utive Council, VVGNLI during the  The Institute in collaboration w ith the Exec utive Counc il’s meeting held on Association of Indian Labour Historians 21st August, 2018. organised the X II th International Conference on Labour History at the V.V. Giri National Labour Institute. 80 renow ned sc holars on labour his tory from 10 countries including India participated in the Conference. 34 research papers w ere presented and disc ussed during the Conference.

The broad theme of the Conference w as “The Future of Work in the Mirror of the Pas t”. The deliberations of the Shr i Heeral al Samar iya, Secr etar y (L ab o u r & Conf erence focused on the relation of Empl oyment) and C hairper son, Executive Coun cil, technology with changing forms of w ork VVGNLI releasing the publications in the presence of and w ork relations in the pas t and other Executive Council members pres ent in the light of possible future trends and policy pointers.  V. V. Giri National Labour Ins titute (VVGNLI), Noida w as awarded with  V.V. Giri National Labour Institute signed nd 2 Prize for outstanding a Memorandum of Understanding w ith performance in the implementation National Institute of Rural Development, of Official Language Policy during Hyderabad on 9 t h April, 2018 to the year 2017 by the Tow n Of ficial undertake training and research Language Implementation Committee activities jointly in the areas of labour th (TOLIC), Noida in its 35 meeting at and development w ith foc us on rural Indian Oil Corporation Ltd (Pipelines labour. Div ision), Noida.  The Institute in collaboration with  A Workshop on ‘Recent Amendments International Training Centre-

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International Labour Organisation, Turin conducted a Course on “ P r iva te Sector Development through Value Cha ins” for Representativ es of the Government of Afghanistan during April 23-27, 2018 at TajMahal Hotel, New Delhi. The programme w as attended by 15 off ic ials from Government of Afghanistan.

 A Panel Disc ussion on Stra tegies for Shri Nitin Gadkari, Hon’ble Minister of Road Transport Providing Social Security to and Highways and Shri Santosh Kumar Gang war, Unorganised Workers w as jointly Hon’ble Minister of State for Labour and Employment (I/ organized on May 1, 2018 by VV GNLI C) releasing the ‘VVGNLI Policy Perspectives’ and ‘Child and ILO at Pravasi Bharatiya Kendra, Hope’ publications New Delhi. The panel discussion moderated by Dr. H. Srinivas , Director  An expert committee meeting on General, V. V. Giri National Labour “Methodology for Fixation of Institute (VVGNLI) w as held as part of National M inimum Wage/Wages” t h the International Labour Day celebration w as organiz ed by the Institute on 4 organized by the Ministry of Labour & May, 2018 at its c ampus. The aim w as Employment, Government of India. to f irm up the methodology f or national/ Eminent panelists and subject regional minimum w ages under ‘Code specialists attended the panel on Wages Bill, 2017’. The experts in the dis cussion. area of Consumption Expenditure, Nutrition, Prices and Wages  Special Issue of VVGNLI Policy participated in the meeting. Perspectives on Social Security for Labour in India and Child Hope,  A Roundtable on “Knowl edge January-March, 2018 w ere released by Exchange on Women Economic Shri Nitin Gadkari, Minister of Road Empowerment” under the Transport and Highways and Shri ‘Lighthouse India’ w as organized by the th Santosh Kumar Gangwar, Hon’ble World Bank on 17 May, 2018 at Delhi. Minister of State for Labour & Director General, V VGNLI participated Employment (Independent Charge) as Panel Member in the Roundtable during the International Labour Day dis cussion. Celebrations on May 01, 2018.  As a member of the Core Group on “Elimination of Bonded Labour”, Director General, V VGNLI participated in the meeting held on 29th May, 2018 chaired by Justice Shri D. Murugesan, Hon’ble Member, National Human Rights Commission at Manav Adhikar Bhaw an, New Delhi.

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 The Institute celebrated the Resources Minister, Gov ernment of “International Yoga Day” on 21st June, Bihar and Shri Gopal Meena, Labour 2018. It was attended by faculty, officers Commissioner, Gov ernment of Bihar. and staff members along w ith their 46 delegates representing trade families as w ell as participants of unions, NGOs, academia and diff erent training programmes . On this government officials participated in the oc cas ion, Dr. H. Srinivas , Director w orkshop. General of the Institute emphasized on the importance of Yoga in daily lives of  International Training Programme on eac h and ev eryone and advis ed the “International Labour Standards and participants to make it a part of their Promotion of Gender Equality at the lives and practic e it daily. W or k pl a ce” w as organized from August 06-24, 2018 at VVGNLI. Ms.Sibani Sw ain, Additional Secretary & Financial Adviser, Ministry of Labour & Employ ment inaugurated the programme on 6th August, 2018.

‘Yoga Day’ celebration at VVGNLI on 21st June, 2018

 The Institute in collaboration with International Training Centre- International Labour Organisation, Turin conducted a Course on Leadership for Development in Fragile Settings for Representatives of the Government of Ms. Sibani Swain, Addl. Secretary & Financial Advisor, Afghanistan during 25-29 June, 2018 at MoL& E speaking at the I naugur al Session of the Taj Mahal Hotel, New Delhi. The International Training Programme (ITEC) on programme w as attended by 20 officials ‘Internatio nal Labour Standardsand Pr omotion of from Government of Afghanis tan. Gender Equality at the Workplace’ at VVGNLI

 A Workshop on ‘Soci al Security for  International Training Centre (ITC), Unorganised Workers’ w as organised Turin in c ollaboration w ith V.V. Giri by V.V. Giri National Labour Institute in National Labour Institute, NOIDA collaboration with the Labour organised an International Training Resources Department, Gov t. of Bihar Course on ‘Designing and from 25-27 July, 2018 at Patna. The Implementing Effective Wage workshop was inaugurated by Shri Policies’ during August 20-22, 2018 at V ijay Kumar Sinha, Hon’ble Labour Hotel Taj Mansingh, New Delhi. The

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major objec tive of the course w as to Study titled “Quality Employment enhance the capacity of participants to Generation in M icro and Small contribute to the design and Enterprises (MSEs) in India: implementation of w age polic ies at the Strategies and Way forward’ in a national, regional and international level. meeting chaired by Sec retary, Ministry Dr. H. Srinivas, Director General of Labour & Employ ment and attended inaugurated the training programme by off ic ials f rom Minis try of MSME, and Ms. Dagmar, Walter, Director, Ministry of Finance on 12th September, ILODWCT, India Of fice w elc omed the 2018 at the Ministry of Labour & participants. Dr. Sher Verick, Employment, Shram Shakti Bhav an, Programme Manager, ITC, Turin New Delhi prov ided introduction and overview of the course. 29 Partic ipants from 9  Shram Sangam, biannual official countries (Viz. Malaysia, Vietnam, language magazine of VVGNLI w as Myanmar, Mongolia, Sri Lanka, Nepal, aw arded second prize in ‘A’ Region Philippines, Brunei, Darussalam, India) in Rajbhasha Kirti Puraskar Yojna in the Asia-Pac ific region comprising of (In-house M agazine) for the year 2017- of fic ials from Ministries of Labour & 18. This aw ard w as conferred to the Employment, Employ ers’ and Workers’ Institute by Shri M. Venkaiah Naidu, organisations participated in this Hon’ble Vice-President of India on 14t h programme. September, 2018 at Vigyan Bhaw an, New Delhi on the occasion of ‘Hindi  A Discussion on the “Preparation of Divas ’. the Training Calendar for National Institute of Career Services” was held on 24th A ugust, 2018. Ms.Anuradha Prasad, Additional Secretary, Ministry of Labour & Employment chaired the dis cussion. Subsequently, the Model Training Calendar w as prepared f or NICS by VVGNLI.

 International Training Programme on “Skill Development and Employment Generation” w as organized from September 10-28, 2018 Dr. H. Srin ivas r eceivin g the A ward from Shr i M. at VV GNLI. Dr. Rathin Roy, Director, Venkaiah Naidu,Hon’ble Vice-President of India National Institute of Public Finance and Polic y (NIPFP) and Member,  International Training Programme on Economic Advisory Council to the “Enhancing Leadership Skills” w as Prime Minister (EAC-PM) inaugurated organiz ed from October 08-26, 2018 at the programme on 10 th September, VVGNLI. Shri S.K. Dudeja, Deputy 2018. Sec retary (DP-I), Ministry of External Affairs participated in the valediction on th  A presentation w as made on Research 26 October, 2018.

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 For the first time, a training programme Institute, ISRO, Minis try of Tourism, on “Gender Responsive Planning, Institute of Biological, SAIL, Ministry of Budgeting and Auditing” w as Commerce, and NHPC etc. organiz ed from October 24-26, 2018 at partic ipated. Mr P. A mitav Khuntia, VVGNLI. Ms. Sibani Sw ain, Additional Associate Fellow of VVGNLI w as the Secretary & Financial Adviser, Ministry event director from V.V. Giri National of Labour & Employment inaugurated Labour Ins titute. Dr. Helen R. Sekar, the programme on 24th Oc tober, 2018. Senior Fellow , Mr Rajesh Karn from VVGNLI and Ms. Malvika Upadhyaya &  A Training Workshop on ‘Convergence Ms. Waheeda Rahman alumni of of Efforts and Services for VVGNLI w ere present in the event. Dr. Prevention and Elimination of Child Helen R. Sekar, Senior Fellow Labour in Jammu & Kashmir’ w as organised a w orkshop on ‘elimination held during 29th to 31st October 2018 in of child labour on the s idelinesof the Jammu. This w orkshop has been event for different social partners of the conducted for prevention and State of Jammu & Kashmir’. Shri elimination of Child Labour in the State Shamsher Singh Manhas, Hon’ble MP of Jammu & Kashmir. Around 75 Rajya Shabha inaugurated the event, participants w ere draw n from multi- visited VVGNLI stall w ith other stakeholders and social partners dignitaries and appreciated the eff orts. dealing w ith the issue of child labour and related issues.  A presentation on research study titled “Technological Change and New Forms  V.V. Giri National Labour Institute of Employment with Focus on Sharing participated in the Event “Rise in Economy” w as made in a meeting Jammu and Kashmir” (1-3 November, chaired by Secretary, Ministry of Labour 2018) Bhagaw ati Nagar Yatriniw as, & Employment for know ledge sharing Jammu organized by TARMEH Events. ex ercise endeavours in building and All the major initiatives of the Ministry strengthening the capacities of various of Labour and Employment stakeholders on 5th November, 2018 Government of India and also all the at the Ministry of Labour & activities of the institute w ere exhibited. Employment, Shram Shakti Bhav an, V.V. Giri National Labour Institute New Delhi. bagged the best stall (Information) and 1st Runner up (second best stall).The  The Institute signed anMoU with selec tion of the prize w as on the basis Dashrath Manjhi Institute of Labour and of the feedback forms received from Employment Studies, Patna on visitors. About 15,000 students from November 22, 2018 to facilitate s chools , c olleges, univ ers ities and collaborative training, res earch and teachers /prof essors, general public ac ademic ac tiv ities related to labour visited the event. About 40 Government and employment iss ues. The MoU w as Ministries and organisations like signed in the presence of Shri Nitish Geological Survey of India, Ministry of Kumar, Hon’ble Chief Minister of Bihar Ayush, Indian Council of Medical by Dr. H. Srinivas, Direc tor General, Researc h, Indian Agricultural Research VVGNLI and Shri Dipak Kumar Singh,

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Principal Secretary, LRD, Government Labour Ins titute to netw ork w ith other of Bihar. Labour Ins titutions of BRICS countries. The first activity undertaken as a part of the netw ork w as a res earch s tudy on ‘Technol ogi cal Change and New Forms of Employment with Focus on Sharing Economy’. The findings of this research study w as presented in the Firs t Joint BRICS Netw or k, ITC-ILO and ILO Expert Forum on ‘Promoting Better Labour Market Outcomes for Youth in the BRICS and Beyond’ held during Nove mber 28-30, 2018 at Turin, Italy. Dr. H.Srinivas, Director, VVGNLI and Shri Dipak Kumar Singh, Principal Secretary, LRD Government of Bihar  VVGNLI w as aw arded w ith 2nd Prize – Exchanging the MOU for performing excellent w ork in implementation of Off icial Language  The Institute signed a Memorandum of Policy during the year 2017-18 by Tow n Understanding (MoU) with Official Language Implementation International Training Centre of Committee (TOLIC), Noida in its 37t h International Labour Organisation Meeting held on 31.01.2019 at GA IL (ITC-ILO), Turin, Italy for extending the (India) Ltd, GAIL, Noida. Further, Dr. collaboration in the areas of training and Otojit Kshetrimayum, Assoc iate Fellow, education activities in the field of labour VVGNLI got the 1 st position in th and employ ment on 28 November, Extempore Speec h Competition 2018. The collaboration is for a period organized by GAIL Training Institute, of another five years from 2018 to 2023. Sector-16A, Noida, under the aegis of The MoU w as signed in the presence of Tow n Of ficial Language Implementation the officials nominated by the Consulate Committee (TOLIC), Noida. General of India in Milan, Italy.

Dr. H. Srin ivas, D irector General, VVGN LI and Mr. Yanguo Liu, Director, ITC-ILO-exchanging the MoU Dr. H. Srinivas, Director General, Shri Beerendra Singh Rawat, Sr. Hindi Translator and Dr.Otojit Kshetrimayum,  VVGNLI has been recognized by the Associate Fellow, VVGNLI receiving the award Government of India as the Nodal

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 International Training Programme on “Gender Issues in World of Work” underITEC/SCCAPw as organized during December 3-21, 2018 at V VGNLI. Ms. Dev y ani Khobragade, Joint Secretary, Minis try of External Aff airs addressed the participants in Valedictory Session on 21st December, 2018.

 A National Stakeholder Consultation on the Future of Work was organisedon Inaugural Ad dress by ShriSantosh Ku mar Gangwar, February 08, 2019 in collaboration Hon’b le Minister of State for Labour & Employment with Ministry of Labour & (I/C ) in the pr esence of Ms Dagmar Walter Director Employment at the V.V. Giri National ILODWT for South Asia and country office for India, Ms Labour Ins titute. The consultation w as Anuradha Prasad, Addi tional Secretary, Ministry of organized as a part of celebrating an Labour and Employment, SmtSibani Swain, Additional eventful c entenary of the ex istenc e of Secretary and Financial Advisor, Ministry of Labour and ILO in 2019. The programme w as Employment, Government of India and Dr. H. Srinivas, inaugurated by ShriSantos h Kumar Director General VVGNLI Gangw ar, Hon’ble Minis ter of State for

labour & Employment (I/C) and  The Institute in collaboration w ith the attended by Direc tor, ILO, Country experts of the Ministry of Labour and Of fice India. The consultation w as Employment and ILO prepared the attended by government Repor t of the Expert Committee on representatives, representatives from Determining the Methodology for ILO and other international Fixing the National Minimum Wage. organisations, Trade unions, The report w as submitted by the employers’ organizations, Committee under the Chairmanship of ac ademicians, representatives from Dr.A noopSatpathy, Fellow , VVGNLI to res earc h ins titutions and faculty and the Secretary (L&E) on 14th February officers from the Institute. 2019. The report recommended a new methodology f or fixation of national minimum w age and also suggest base value of national minimum w age. The Institute spearheaded and hosted technical discussions of the expert committee meetings leading to its finalisation and submiss ion.

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Spec ial Centre for the Study of North East India, Jaw aharlal Nehru University on 19th March, 2019 at the Special Centre for the Study of North East India, JNU, New Delhi respectively. 50 MA students, research scholars and teac hers participated each in these w orkshops.

 As a part of MoU betw een VVGNLI and International Training Centre- International Labour Organisation (ITC- Submission of Report by the Committee Members to the ILO), Turin, the V VGNLI and the ITC- Secretary (Labour & Employment) Government of India ILO conduc ted a collaborativ e training programme on, “Leadership for  A Workshop on Gender, Unpaid Work Employment Promotion in Fragile and Care: Towards Achieving Settings” at New Delhi during March 11- Sustainable Development Goals 15, 2019. The programme was (SDGs) w as organized in collaboration attended by 24 participants w ith International Centre for Research representing the government officials, on Women (ICRW) during March 7-8, w orkers’ organizations & employers’ 2019 which w as attended by 60 organizations from Afghanistan eminent scholars f rom the academia, inc luding three faculty members f rom prac titioners, s enior officers from the VVGNLI and three officers from Ministry government, representatives from of Labour and Employment. international organizations, representatives from civil society  A Workshop on Equal Remuneration organizations and f aculty members and Act, 1976 w as organized on 27th March, officers of VVGNLI. 2019 w ith the objective to identify the challenges and constraint in the  Tw o Workshops on La bour a nd implementation of Equal Remuneration Employment in North East India Act, 1976 and also to identify the w ere jointly organised w ith (i) Centre for vulnerable sectors w hich require North East Studies and Policy spec ial attention w hich w as attended Research, Jamia Millia Islamia on 8t h by 37 participants repres enting w age March, 2019 at the Centre for North stakeholders (labour administrator, Eas t Studies and Polic y Res earch, academicians and trade union leaders). Jamia Millia Islamia, New Delhi; and (ii)

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CHAPTER-19 INFORMATION TECHNOLOGY (IT) / MEDIA RELATED INITIATIVES / E-GOVERNANCE

19.1 National e-Governance plan initiated by ensure effective implementation of the the Government is focused on bringing prov isions of the amended Child Labour transparency in its functioning. To ensure (Prohibition & Regulation) Ac t, 1986 and implementation of Government’s Agenda on e- National Child Labour Project (NCLP) Governance, “Scheme on Information Technology” Sc heme. PENCIL Portal has fiv e is under implementation in the Minis try. The components namely :- (i) Complaint Corner, objective of the Scheme is to strengthen and up- (ii) District Nodal Offic er (DNO), (iii) National grade the existing information technology Child Labour Project (NCLP) Scheme, (iv) infrastructure in the Ministry. It is intended to bring State Government and (v) Central the w orking of the Government to higher standard Government. As on date District Nodal and move in the direction of paperless office. Officers from 611 DNOs from 27 states have been nominated for disposal of online 19.2 Cons idering the importance of National complaint. Further, all operational Project e-Governance Plan, the Ministry of Labour and Societies of NCLP are regis tered on the Employment and v arious organisations under it portal for better implementation of NCLP carried out the follow ing activities: scheme aimed at educational rehabilitation A. Activities in the Ministry: of c hild and adolescent labour. i. Implementing e-Off ice as one of the Mis sion iv. Issued Notification dated 21st February, 2017 Mode Projects (MMPs) under the Digital India for ease of c omplianc e of Labour Law s, Programme. Use of e-office in official reduced the number of Registers to be transactions helps in bringing transparency, maintained to 5 in place of 56 Registers which acc ountability and ex peditious dec is ion w ere provided under the Central Labour Laws/ making. E-off ic e also prov ides additional Rules. To f acilitate the compliance by the advantages like real time tracking, location es tablishments f urther, a s of tw are w as agnostic disposal, universal searc h-ability developed for maintenance of these registers and retrieval of files. by the Establishments and uploaded for free ii. Ministry has taken several IT initiatives w hich dow nload on the Ministry’s w ebsite. include development of e-Register s oftw are v. Directorate General of Employment (DGE) (s of tw are f or maintenance of Regis ters has taken initiatives to bring employ ers, under 9 Labour Law s (Central), Tour & trainers and unemployed on single platform Trav el Sof tw are for the of ficials of the through National Career Service (NCS) Minis try, CGIT w ebsite (Central Government Portal w w w .ncs.gov.in. As on 02.12.2018, Industrial Tribunal), Flow er Maintaining 97.30 lakh active job seekers, 8988 System, Canteen Software (Under employers are registered and it has led to Development), CLS transf er and pos ting mobilization of over 36.90 lakh. NCS has softw are (Under Development). partnered w ith Department of Posts to iii. PENCIL (Platform f or Eff ective Enforcement extend registration of job seekers through of No Child Labour) Portal w as launched for the Post Of fices. To enhance the reach and better monitoring & reporting s ystem, to enrich the employment opportunities

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av ailable to y outh, Strategic MOUs have portability of PF accounts as members can been signed w ith leading job portals, now get their accounts transferred by plac ement organizations and institutions of submitting online requests or by auto repute. Government of India has recently transfer mode on change of employment. made it mandatory for government Till date more than 14 crore UANs have been vacancies to be posted on the NCS Portal. generated and 5.6 crore such accounts have been seeded w ith Aadhaar. vi. Through Shram Suvidha Portal: Unified Registration form for EPFO and ESIC has ii. More services have been made available by been made operational and more than 65000 EPFO on the UMANG app. 13 services of units regis tered w ith EPFO & ESIC are using EPFO are currently available on UMANG for the facility. Unif ied Returns (ECR) of EPFO members, employers, pensioners and and ESIC has been made operational. Total general public. Establishments w hich have been allotted LIN iii. Online claims receipt submission by as on 13.12.2018: 26,16,403. More than members w as promoted in a large scale by 48,843 Annual Single Returns for 9 Labour EPFO. As a result the share of online c laims Law s have been filed. Af ter Gov ernment of to that of total c laims has almost reached Haryana, Government of Gujarat and 60%. Gov ernment of Rajas than have also been integrated w ith SSP platf orm. Data is being iv. Online filing of International Workers return shared and LIN being allotted to the (IW 1 return) has been s tarted from 01/11/ establishments cov ered by the s tate labour 2018 for the convenience of employ ers. enforcement agencies. Inspection of units is v. Online e-Nomination f acility f or members being done bas ed on ris k bas ed criteria has been provided in the member portal for through a c entralized computer system. So f iling of nominations by members us ing far, 4,27,971 units have been inspected. This Aadhaar based eSign service. year onw ards applic ation f or registration under three Central Labour Ac ts i.e. the vi. Auto transfer of member account on change Contract Labour (Regulation and Abolition) of job has been introduc ed by EPFO f or Act, 1970; the Inter-State Migrant Workmen members. The trans fer is auto triggered by (Regulation of Employment and Conditions the system w hen the first contribution hits of Service) Act, 1979 & the Building and the member’s new PF ac count in the new Other Construction Workers’ (Regulation of es tablishment. Employment and Conditions of Service) Act, C. IT initiatives in ESIC 1976, are being processed online and the licenses under tw o Central Labour Acts, i.e. i. In addition to SBI gatew ay, Employers have the Contract Labour (Regulation and been provided w ith an option to make their payments through gateway of Bank of Abolition) Act, 1970 & the Inter-State Migrant Baroda as w ell. This func tionality has been Workmen (Regulation of Employment and Conditions of Serv ice) Act, 1979 are being deployed and similar integration w ith IDBI is processed online. The digitally signed in process. certific ates are being also is sued. About ii. In accordance w ith Corporation’s approval 1700 registrations and 4500 lic enses have ESIC has prepared Condemnation and been issued using the facility. Disposa1 Policy in relation with IT B. IT initiatives in EPFO Equipments and circulated to all accounting units for further itnplementation s o that all i. Univ ersal Account number (UAN) allotted to the field of fices may be equipped w ith latest EPFO subscribers has improved the hardw are.

168 Annual Report 2018-19 iii. In accordance w ith Email Policy of Govt. of of art tec hnology and technological advances in India ESIC Mail Messaging System is being the field of mass communication. Media forms a migrated toNIC Mail Mess aging Sy stem. vital part of Communication sy stems globally Almost all the users have been provided w ith today and takes tw o essential forms – the Print Email Ids based upon NIC Mail Messaging Media and the Electronic Media. The basic Sy stem to maintain uniformity across all func tion of mass media is to provide information, cadres. education, instruction and entertainment to the people. The media also motivates people, iv. “UMANG: ESIC - Chinta Se Mukti” Mobile directly or indirectly in any community. App: lP centric information services are now made av ailable through ‘ESIC- Chinta Se 19.4 Media Cell in MoLE w as formed in Mukti’ mobile app launc hed through UMANG July,2014 in view of the grow ing emphasis on (Unified Mobile Application f or New -age efficient and eff ective use of various platf orms Governance) platform. It is a joint effort of including w ebsites and other digital media to ESIC, MeitY (Minis try of Elec tronics and diss eminate information of Schemes/Polic ies/ Inf ormation Technology) as w ell as NeGD Initiatives and Ac hievements of the Ministry of (National e-Gov ernanc e Div ision) that has Labour and Employment to common w orker of integrated the ESIC database and the mobile the country. It is headed by a Joint Secretary rank app to provide real-time information. The IP, officer and w orks through Director / Deputy w ho has registered his mobile number in Secretary, Under Secretary, S.O. and staff. Nodal ESIC database, can access variety of officers in each division and subordinate/ information through this app dow nloaded attached offices/organizations of MoLE coordinate free of cost from Google Play Store on w ith Media Cell for publicity related activities. multiple channels like mobile applic ation, 19.5 While every division/Organis ation run w eb, etc., and can be accessed through their independent media campaigns for sc heme smartphones, tablets and desktops, etc. specific events , initiatives and developments, With a simple mobile based authentication Media Cell coordinates on presenting a system, the IP can know about the personal comprehens ive pic ture of the activities of the and enrolled f amily demographic details, Ministry. It also coordinates w ith other Contribution details, Insurance & eligibility governmental offices and agencies including PIB, details, inf ormation on entitled Benef its, DAV P and PMO for seeking approv als for the Claim Status, Dispensary and Branch Office c ampaigns . Media Cell als o c oordinates the to w hich he is associated, etc. He can social media platform for the ministry for outreach submit his feedback and avail grievance and publicity content as w ell as for responding to serv ices through this app. The other v alue grievances receiv ed through soc ial media. added services suc h as calling the help line numbers and navigating to know about the 19.6 Activities /Achie vements by M edia location of his dispensary or hos pital s hall Cell in the year 2018: help him avail/services . In addition, there is 1. Handling of over one lakh Public Grievances a know ledge bank pertaining to v arious and holding Nodal Officers meeting to benefits of ESI sc heme. In due course, the disc uss social media team deliverables. App shall be made available in 13 different Indian languages including Hindi and English 2. Content and design support for Releasing of major Pan India advertisements on Media Cell i) Maternity Benefit (Amendment) Act, 2017 19.3 The system of dissemination of & ii) Shram Suv idha Portal to c reate communic ation in the present day has undergone aw areness among the general public. great changes w ith the development of the s tate

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3. Complete support f or making a Film in Hindi Institute, India Wage Report by International (7 minutes) to show c ase the Achievements Labour Organisation, G20 Labour and of the Ministry to mark the completion of 4 Employment Minister’s Meeting at Argentina, years of the Government. G20 Labour and Employ ment Minis ters Meeting, V ishw akarma Rashtriya Puras kar, 4. Social Media Team covered the live event of Sew a Day celebration and Child Labour Vishw akarma Rashtriya Puraskar & National Platform Global Meeting held in Genev a, Safety Aw ards-2016 held on 17th September among other events w ere covered by the 2018. The ev ents w ere reported liv e on Media Team. social media handles of the Ministry. The coverage included photography of the event, 7. The team also actively shares new s articles recording and uploading videos, live tw eeting related to the Minis try benef ic ial f or the w ith relevant pictures and also putting up a w orkforce along w ith sharing relevant tweets gallery of photographs on the Ministry ’s by reliable new s agenc ies and regularly w ebs ite w ith coordination of the IT Cell. monitors new s to encounter fake new s. 5. The team also regularly uploads aw areness 8. Complete s upport f or making a short Film creatives related to the Ministry in addition on the Launch of Samadhan Portal. to gathering and disseminating information 9. Content and design s upport for preparing of the Hon’ble LEM and Ministry ’s National Booklet (1000 copies in Hindi & 1000 copies and International ev ent. in English) on the Achievements of Labour 6. Events s uch as BRICS Ministerial meeting and Welfare Organisation. in South Africa, Durbai International Training 10. Media Cell has been coordinating w ith Programme on “International Labour Divisions /Organizations in Media Publicity Standards and Promotion of Gender Equality Campaign and organizes Press Conferences/ in the Workplace”, Orientation programme Press Brief/Press Releases and ensures on Sharing the Experience of Rehabilitation w ider publicity through PIB official w ebsite. through NCLP of VV Giri National Labour Social Media Handles of Ministry Tw itter: SI. Name of URL Follow ers as Started From No Organization on 31/03/2019 1 Minis try of Labour https://tw itter.com/LabourMinistry 75,797 March 2015 & Employ ment 2 EPFO https://tw itter.com/socialepfo/ 27,596 December 2015 3 ES IC https://tw itter.com/esichq 18,063 January 2015 Facebook: SI. Name of URL Follow ers as Started From No Organization on 31/03/2019 1 Minis try of Labour https://ww w .facebook.com/Labour 1,64,288 23.01.2016 & Employ ment Ministry/ 2 EPFO https://w ww .facebook.com/socialepfo/ 1,39,853 25.01.2016 3 ES IC https://w w w .facebook.com/ESICHQ/ 1,02,851 08.01.2015 4 Chief Labour https://w ww .facebook.com/Chief Commis sioner LabourCommissioner/ 4,476 07.11.2016 5 Shram Suvidha https://w ww .facebook.com/ 761 30.12.2016 ShramSuvidha/

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CHAPTER-20 VIGILANCE AND REDRESSAL OF PUBLIC GRIEVANCES

Role and Functions of Chief Vigilance Officer 20.3 The w ork of Public Grievance redressal is given high importance by the Ministry and it is Background regularly review ed at highest level of Secretary (L&E). As per the report generated on 16/04/ 20.1 The Primary responsibility for 2019 in the CPGRAMS portal account of the maintenance of purity, integrity and ef ficienc y in Ministry, the aver age Disposal Time of the the organis ation v ests in the Secretary, Ministry grievances received on pg portal of Labour and Employment. The Chief Vigilance (CPGRAMS) by the Ministry of Labour and Offic er assis ts the Secretary in the discharge of Employme nt for the per iod 01/01/2018 to 31/ his/her vigilance functions. CVO heads the 03/2019 is 12 days . As a recognition of the Vigilance Division of the Minis try and provides a commendable w ork done by the Ministry of link betw een Ministry and Central V igilanc e Labour and Employment during the quarter Commis s ion. January-March, 2018 for redress of pubic grievances received on pg portal GRIEVANCE REDRESSAL IN MAIN (CPGRAMS), the Ministry has been aw arded SECRETARIAT a Certificate of Appreciation (Annexure-PG.1) 20.2 The public grievances are rec eived in the by the Department of Administrative Reforms Ministry mainly in tw o modes, v iz. online through & Public Gr ievances.. the CENTRALISED PUBLIC GRIEVANCE 20.4 Comparative, year-w ise, figures of Public REDRESS AND M ONITORING SYSTEM Griev anc es rec eiv ed and disposed of f in the (CPGRAMS) portal (https://pgportal.gov.in) CPGRAMS portal by the Ministry of Labour and and also in off-line (phy sical) form f rom various Employment and percentage of dispos al of such sources. Of late, many aggrieved persons/parties Griev ances during the period 2016 to 2019 (viz. are also raising their grievanc es to the Ministry from 01.01.2016 up to 31.03.2019) are s how n through e-mail and soc ial media. at the Anne xure-PG.2 .

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Annexure - PG.1

“CERTIFICATE OF APPRECIATION” for the quarter (January – March, 2018) from Department of Administrative Reforms & Public Grievances, Ministry of Personnel, Public Grievances & Pensions. Annexure - PG.2 Year-w ise break up* of Public Griev ances received and dispos ed off in the online CPGRAMS portal (https://pgportal.gov.in) by the Ministry of Labour and Employment during the period 2016 - 2019 (from 01.01.2016 to 31.03.2019):-

Sl. Year/ Period No. of No. of Total No. of Cases Cases Percentage No. Griev ances Griev ances Griev ances disposed pending at of Disposal brought received received for off during the end of (col.6 / forw ard from during the the year/ the year/ the year/ col.5 ) x previous year/ period (c ol. period period (c ol. 100 year period 3+col.4) 5 -c ol.6) 1. 01.01.2016 to 26 24343 24369 23295 1074 95.59% 31.12.2016 2. 01.01.2017 to 1074 32990 34064 32638 1426 95.81% 31.12.2017 3. 01.01.2018 to 1426 35093 36519 35348 1171 96.79% 31.12.2018 4. 01.01.2019 to 1171 10592 11763 10633 1130 90.39% 31.03.2019 (*) N.B.: 1. The abov e figures are as per reports generated on 10.04.2019 in the CPGRAMS portal account of the Nodal P ublic Griev ance Officer of the Ministry. 2. The figures shown in the reports generated in the CPGRAMS portal are dynamic in nature, i.e. some of these figures may change slightly from time to time depending on the date and time of generation of the reports due to v arious factors/tec hnicalities.

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REDRESSAL OF PUBLIC GRIEVANCES IN Instructions, circulars and other important EMPLOYEES’ STATE INSURANCE information are also uploaded on the w ebs ite. CORPORATION (ESIC) 20.8 The independent PG Module of ESIC, 20.5 In purs uance of the instructions issued in line w ith CPGRA MS has also been launched by the Directorate of Public Grievanc es, Govt. of on 13.08.2015 and made accessible to the Public India, the Corporation has been making all out from 15.08.2015. It helps various stakeholders efforts for speedy redressal of Public Grievances. to file grievances directly to the concerned office/ The Corporation monitors Public Griev ances hospitals of ESIC through www.esic.in/ received from various quarters viz. Insured w ebspace/w eb/grievance/home. Persons, their family members, Employers/ Employees’ Associations, Employees Union, 20.9 The Toll f ree helpline number 1800-11- MPs/MLAs/V IPs etc . through a netw ork of Public 2526 has been installed, w hich is functional for 7 Grievance officers posted in all the offic es of the days round the clock. ESIC has also launched a Corporation. Griev ances received from the Prime new Medical toll free helpline 1800-11-3839 w hich Minis ter’s Office and the Cabinet Secretariat are is f unctional round the clock on all days. directly monitored by a senior offic er in the Hqrs. Office for effec tive and timely redressal. 20.10 The status details of the PG received on CPGRAM Portal and redressed by ESIC from 20.6 The monitoring of Public Griev anc es 01.04.2017 to 31.03.2018 are as under:- received in the Regional Offices, Sub-Regional Of fices , ESI Hospitals/ Dispensaries is being 1 Unsettled grievances 60 done by the designated Public Grievances pending as on 31.03.2017 Of fic ers . Apart from this, Suv idha Samagam/ 2 Grievances received from 3334 open house meetings are being conducted in the 01.04.2017 to 31.03.2018 respective Regions/ Sub-Regions/ Branch offices lev el at regular intervals in the pres ence 3 TOTAL 3394 of senior officers of the Corporation and 4 Grievances settled during the 3285 representatives of trade unions and employ er’s period from 01.04.2017 to representatives . Such meetings are generally 31.03.2018 pres ided over by the Regional Director/Director 5 Unsettled grievances as 109 (I/C) of Sub-Regional Office or a senior offic er to redress the grievances across the table, on 31.03.2018 w herever it is possible. 6 Number of grievance pending 44 (out for more than 15 days of 109) 20.7 In the states, w here the ESI Scheme has been implemented, the grievances relating VIGILANCE AND REDRESSAL OF PUBLIC to the medical benefits are being taken up w ith GRIEVANCES IN EMPLOYEES’ PROVIDENT the State Govt. Authorities by the Regional FUND ORGANIZATION (EPFO) Direc tors for timely redressal of grievances. The Corporation conduc ts w orkshops and seminars 20.11 The details of grievanc es rec eived and on Public Griev anc es for its of fic ers & s taf f.

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redressed during the las t three years are given  Using the EPF Internet Grievance below : Management Sy stem (EPFiGMS) in portal available on EPFO website. 2018-19 2017-18 2016-17 (w w w.epfindia.gov.in). Grievances 3272 2254 1280 20.14 EPFiGMS launched in 2010 is an pending at internet based grievanc e management sys tem the beginning that has been developed in collaboration w ith the of the year NIC, and is customised to the needs of the Re ceived 645040 423430 239913 Organisation. The EPFiGMS has been developed during the w ith a view to provide a single w indow platform year that is able to record, acknow ledge and track/ monitor grievances till its final redressal. Total 648312 425684 241193 EPFiGMS is loaded with several advanced Disposed off 643097 422412 238939 features; most important being that movement during the of registered grievanc es guided by database year w hic h trac ks the registered grievance to any of the offices to w hich it might be related. Balance at 5215 3272 2254 the e nd of HELPDESK OUTSOURCING FOR the year UNIV ERSAL ACCOUNT NUMBER:- Percentage 99.19 99.23 99.06 of Disposal 20.15 The UAN program launched on 16.10.2014 by the Hon’ble Prime Minister of India w as initiated w ith the allotment of Univers al 20.12 In addition to griev anc es registered Account Number (UA N). A help desk w as set up under EPFiGMS, 23,917 grievances registered right from the initial stages of the launch of the w ith CPGRAMS programme of the Department program w hic h has been f ound to be quite of Administrative Reforms & PG (DARPG) under succ essful in addressing all the queries raised Minis try of Pers onnel, PG & Pens ions , during this period and has been instrumental in Government of India w ere received by EPFO out making the UAN program a succes s. The Help of w hich 23,683 cas es w ere disposed of during Desk can be approached either through the toll the year w ith a c losing balanc e of 234 cases as free number 1800118005 as w ell as through e- on 31.03.2019. mail [email protected] ONLINE REGISTRATION AND REDRESSAL OF GRIEVANCES NIDHI AAPKE NIKAT

20.13 The facility of online registration of 20.16 In an endeavor on the part of the public grievanc es and their redress al is available Organization to be more accessible to its different on the follow ing internet based grievance handling stakeholders including employ ers the erstw hile sys tems:- Bhavishya Nidhi Adalats have been rechris tened as Nidhi Aapke Nikat. This monthly programme  Using the Centralized Public Grievance (w hic h began on 10.07.2015) is an outreach Redressal and Monitoring System programme which serves to bring all (CPGRAMS) in PG portal of Govt of India. stakeholders on a common platform and facilitate (w w w.pgportal.gov.in). exchange of ideas and dissemination of

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information besides of course, grievance  Pension Process Re-engineering redressal. As the c ase w ith Bhavishy a Nidhi Adalat, Nidhi Aapke Nikat is conducted on the 10t h  Release of monthly pens ion through CBS of every month. The programme is held in every netw ork of banks. RO of the organis ation and is presided over by the Officer-in-Charge or in the absence of Officer-  Release of PF money through NEFT mode in Charge by the next senior most officer.  “Know your Claim Status” has been NEW INITIATIV ES incorporated for Members in EPFO’s w ebsite. 20.17 Of late many new initiativ es have been taken w hic h have a bearing in improv ing the  Online helpdesk for settlement of Inoperative customer serv ice. EPF Accounts

 Launch of Online Batch Processing  Short code SMS service, for Members w ho Softw are f ac ilitating prompt updation of have activated their UAN. Accounts of Members.  Auto –Updation of Members accounts at end  Online Transf er claim Portal (OTCP) of financ ial year

 Online Regis tration of Es tablishments  Online Helpdesk for Universal Account (ORLE) Portal Number (UA N) for Members.

 Allotment of Universal Account Number  Launch of mobile app on servic es off ered (UAN) for Members by EPFO

 More facilities in the Electronic Challan cum  Interaction with public on social media Return (ECR) Portal through Fac ebook and Twitter.

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CHAPTER-21 INTERNATIONAL COOPERATION

INDIA AND INTERNATIONAL LABOUR processes, deliberations and styles of functioning. ORGANISATION (ILO) ILO too has made impres sion on the India’s legis lative framew ork related to the World of 21.1 India is one of the founder members of w ork. Human dignity, soc ial jus tice, equality of International Labour Organisation since its opportunity, avoidance of discrimination, freedom existence in 1919 and has been a permanent of as sociation, etc. are but a few of the c ommon member of the ILO Governing Body since 1922. sinew s inherent in the Constitution of the Republic At present the ILO has 187 Members. A unique of India and the ILO. Creation of a just and feature of the ILO is its tripartite character. At equitable w orld order; securing distributive justice every level in the organisation, Governments are concurrently w ith economic grow th and creation associated w ith tw o other social partners, of employ ment opportunities f or the purpos e; namely, the w orkers and employers . The three increasing productivity to inc reas e s hareable organs of the ILO are- (1) International Labour gains ; w orker’ partic ipation; human res ource Conf erence – General As sembly of the ILO that development; human environmental dimens ions meets every year in the month of May or June, of technology; poverty allev iation; and economic (2) Governing Body – Executiv e Council of the reforms w ith a human f ace are amongs t the ILO that meets three times in a year in the months major thrus t areas presented to ILO by India of March, June and November and (3) International Labour Office – a Permanent 21.4 India has been playing a pro-active role Sec retariat. in the proc eedings of the ILO since its inception. The Indian delegation, w hic h is tripartite in 21.2 ILO is financed mainly by contribution composition, has been participating in the rec eiv ed f rom the member states . The ILO International Labour Conf erenc e (ILC) on a follow s the calendar year for Budget purpose and regular bas is. The ILC is the main policy making annual contributions are paid by the Governments body of the ILO. Out of the 189 Conventions of the member states according to a scale, w hich adopted by this Organisation, w e have so far the International Labour Conference on year-to- fatified 47 Conventions. year basis fixes, in line w ith the U.N scale of assessment. For the year 2019, India’s share Latest Ratification by India of contribution is SF 2,656,306 w orks out to 21.5 India has ratified 47 Conventions Rs. 18,82,52,406/- in Indian Currency. The including six core or f undamental human rights annual contr ibution to ILO is paid in time by Conv entions : Forced Labur Convention (C-29), Government of India. The total Budget of ILO Equal Remuneration Convention (C-100), is SF 369,310,447. Abolition of Forc ed Labour Convention (C-105), 21.3 India and ILO have an enduring and Discrimination (Employment & Occupation) vibrant relationship w hic h is marked by close and Conv ention (C-111), Minimum Wage Convention dynamic cooperation and mutual benefit over the 1973 (C-138) and Worst Forms of Child Labour years. India has s ignific antly contributed to the Conv ention, 1999 (C-182) and three priority/ ac hiev ement of ILO’s objectives, its thought governance c onventions : Labour Ins pection

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Conv ention (No. 81), Employment and Social Agenda of the Conference and Items placed Policy Convention (No. 122) and Tripartite on the agenda by the Conference Cons ultations (International Labour Standards). 21.7 Standing Items: 107th Session of the International Labour I) Reports of the Chairperson of the Governing Conference Body and of the Director-General II) Programme and budget and other ques tions III) Information and reports on the application of c onventions and Recommendations 21.8 Items placed on the agenda by the Conference or the Governing Body IV) Effective ILO development cooperation in support of the Sustainable Development Goals (general discuss ion) V) Violence and harass ment against w omen and men in the w orld of w ork (standard 21.6 The 107th Sess ion of the International setting, double discuss ion) Labour Conf erenc e (ILC) of ILO and 333rd Session of Governing Body w as held from 27th VI) A recurrent discussion on the strategic May to 9th June, 2018 in Geneva. A high level objective of social dialogue and tripartism, Indian Tripartite Delegation led by Shri Santosh under the f ollow -up to the ILO Declaration Kumar Gangw ar, Hon’ble Minister of State f or on Social Justice for a Fair Globalization, Labour & Employment (Independent Charge) 2008 attended the ILC. Besides of ficials from the VII) Abrogation of Conventions Nos 21, 50, 64, Ministry of Labour & Employment, the delegation 65, 86 and 104 and withdrawal of included 11 representatives f rom the Workers’ Recommendations Nos 7, 61 and 62 (Central Trade Union Organizations ) and the Employ ers ’ (Central Employers Organiz ation) VIII) Approval of the amendments to the Code of sides in the ILC. Indian delegation to 107th ILC the Maritime Labour Convention, 2006 also included Shri Sw ami Prasad Maurya, Hon’ble Plenary Session Labour Minister from State Govt. of Uttar Pradesh as v isiting State Minis ter. 21.9 Speaking at the Plenary Sess ion of the International Labour Conference on 6th June 2018, Labour and Employment Minister, Shri Santosh Kumar Gangw ar, apprec iated the Conf erence and said that this Conference w ill prove to be a milestone in ens uring better lif e and s ervice conditions for w orkers and that dis cussion on such iss ue w ill c ontribute to human dignity throughout the w orld. He highlighted w ork done in the last 4 years under the leadership of Hon’ble Prime Minister Shri Narendra Modi ji. He explained that the Government of India has taken concerted

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ef forts to promote the development of all the to change the traditional gender roles in the labour sections of society, and that labour has been the market. He explained that India is taking initiatives center of this development process. He explained to inc reas e the employability of w omen and how the recently implemented GST is an integral w omen entrepreneurs hip. Initiatives suc h as part of the indirect tax sy stem, and now the Support to Training and Employment Programme rationaliz ation of labour law s is in line w ith the (STEP), Mahila-e-Haat, the Pradhan Mantri changing s ocial and ec onomic conditions and MUDRA Scheme, Beti Bachao Beti Phadao explained that the provisions of more than 40 scheme, and Working Women Hostel have been Labour Law s are being s implif ied into 4 Labour launched to encourage the Women Labour Force Codes. Thes e codes aim to ens ure minimum Participation, ensure survival, protect the girl child, w ages, universal social security cover, and to ens ure her education. He explained that improvement of the w orking environment at the Self Help Groups have prov en to be a great w orkplace, and strengthen industrial relations. He medium for social and ec onomic empow erment also recalled ratified ILO Convention No. 138 and of rural w omen w ith the aim to mobilize sav ings 182 conc erning child labour last year and the and to meet their credit needs. simultaneous launc h of the PENCiL portal w hich He s uggested that the Women at Work initiative has components that ensure mechanism f or of ILO should be further strengthened. ILO should redressal of complaints, child tracking sys tem also w ork on improving the labour statistic s to and rehabilitation of child labour. He also account for w omen’s contribution in the economy, highlighted the Prime Minister Employment especially in cas e of unpaid w ork. The w orld Promotion Scheme (PMRPY) and the rec ently community should get together to ensure that the amended Maternity Benefit Act. With this initiative, future of w ork for w omen s hould be free from India has bec ome one of the c ountries that decent w ork deficits. provides maximum maternity benefits. The Hon’ble Minis ter has also highlighted the benefits Committee Wise Discussion: of MUDRA and life insurance cover in [A] Committee on Application of Standards: unorganized sector. 21.12 The Committee on Application of 21.10 Shri Heeralal Samariya, Secretary Conv entions and Recommendations deals w ith (Labour and Employment), addressed the information and reports on application of Plenary Session of the 107th ILC on 6th June 2018 Conv entions and Recommendations. From India, and placed on rec ord India’s appreciation f or a Shri. Ram Kumar Gupta, Joint Secretary, MoLE comprehensive and topical report of Director represented the c ountry in this Committee. The General, ILO, Mr Guy Ryder on ‘The Women at Permanent Representative of PMI, Deputy Work initiative: The push for equality’. He Permanent Representativ e of PMI, Geneva, First explained that a country’s grow th has a direct Secretary, PMI, Geneva and Shri P.J linkage to the w omen’s participation in its Soundararajan, Under Secretary, MoLE attended economy. The Indian Cons titution upholds the the deliberations of the committee. The principles of equality and no gender-based Committee considered 24 individual c as es of disc rimination. India is taking concerted eff orts serious failure by member States relating to to change the mindsets and encourage active application of various c onventions. No case w as participation of w omen in the labour market. admitted agains t India during the 107 th ILC, 21.11 He stressed on adopting a multi- Geneva. How ever, keeping in view the support of pronged strategy to promote all round equality other countries on cases registered against India for w omen in the labour market, and an approach in the pas t and as per the policy of reciprocal

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diplomacy, India supported Braz il, Belarus and the 17 SDGs related directly to activities Bolivia in the 107 th ILC on c as es regis tered implemented at the loc al lev el. In India, that against their Gov ernments. approach has resulted in regional action plans to eliminate child labour and human trafficking, as [B] Committee on violence and harassment w ell as projects on competitive and responsible against w omen and men in the world of work: enterpris es, agricultural insurance, the India– 21.13 The India unequivoc ally supported the Brazil–South Africa Facility for the A lleviation of proposed agenda item. India reiterated that there Poverty and Hunger, and the South Asia Initiative are still many terms in the proposed conclus ions to End Violenc e agains t Children. Economic that required serious deliberations, before they globaliz ation and modernization have created form part of the instrument. multiple challenges for labour rights and the quality of w ork as cov ered under the Decent Work 21.14 The Government Member stated that it Agenda. She expressed that it w as necessary to w ould be desirable that the scope of the decentralize ILO projects at the country and instrument is defined very unambiguously. regional levels, w ith national inputs, to ensure the Enforcement in the matters of such sens itive effectiveness of development cooperation. nature depend on the clear scope and boundaries Partnerships, local resourc e mobilization and of application. The Indian Government Member cooperation w ith countries from the South w ere said that it has been seen that c onsensus on the essential to achieve the SDGs. Thereafter, she basic principle that violence and harassment in gave her specific interventions on four points taken the world of w ork is unacceptable to all. However, up for general discuss ion by the Committee. there may be diff erence of opinion on the ex tent of the proposed instrument or on the extent to [D] Committee on a recurrent discussion on w hic h flexibility should be provided in proposed the strategic objective of social dialogue and strategies to accommodate national law s and tripartism, under the follow-up to the ILO circumstances. Declaration on Social Justice for a fair Globalization, 2008 21.15 Additionally, ILO adopted the report of the Committee appointed to consider the f ifth item 21.17 The delegates in their intervention on the agenda and decided that an item entitled s tated that new dev elopments s uc h as the “Violence and harassment in the w orld of w ork” technological rev olution, the emergence of new shall be included in the agenda of its next ordinary forms of employment and increasing session for second discussion w ith a view to the inf ormaliz ation required s oc ial dialogue and adoption of a Convention supplemented by a tripartism to be enhanced. But the basic character Recommendation. of tripartism should remain intact as a tripartite- plus arrangement w ould run the risk of losing its [C] Committee on Effective ILO focus on core labour issues. Rather, w orkers’ and development Cooperation in support of employers’ organizations should be encouraged SDGs : to take on board the views of civil society 21.16 Ms. Kalpana Rajsinghot, Joint Secretary, organizations and other actors. Bipartite social in the ministry participated in the deliberations of dialogue w as important f or productivity-related the Committee. In her opening remarks , she iss ues s uch as w age setting. The ILO should pointed out that it is essential to adopt an foc us on building the capacity of the tripartite integrated approach on the part of national, state constituents. In a changing w orld of work, and local governments to the achiev ement of the cons tituents need to adapt and to enhance their SDGs of the 2030 Agenda, especially since 15 of pres ence and outreach.

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India af firmed its commitment to meaningful abrogated. Also, A n amendment of 2018 to the social dialogue in line w ith Convention No. 144. Code of the Maritime Labour Convention, 2006 India had a w ell-es tablis hed mechanis m for w as pass ed w ith voting. India favoured the tripartite consultation at various levels – amendment, as already discussed in earlier MLC es tablishment, industry, sectoral and national. meetings . The biggest challenges lay in the large informal 21.21 Other Resolutions passed and economy and in proliferating non-standard forms adopted by the 107th Session of International of employment in India, w hich w ere not included Labour Conference of ILO are as under:- in existing social dialogue mec hanis ms. Those mechanisms need to be expanded and I. Resolution concerning effective ILO strengthened to include informal, gig and platform development cooperation in support of the economy w orkers and employers. The increasing Sus tainable Development Goals. importance of cross -border social dialogue w as II. Resolution to place on the agenda of the next also recognized. ordinary session of the Conference an item 21.18 The Government delegate also said that entitled “Violence and haras sment in the India has a large informal sector particularly in w orld of Work the agricultural and general rural sectors and the III. Resolution concerning the second recurrent national set-up included an institutionalized discussion on social dialogue and tripartism mechanism for capacity building of unorganized w orkers and smaller trade unions associated w ith IV. Res olution conc erning the f inancial report thos e w orkers. It w as s tressed that continued and audited consolidated financial technical assistance have necessary to ratify statements for the year ended 31 December and implement the relevant international labour 2017 standards. V. Resolution concerning the scale of [E] Credential Committee:- assessment of contributions to the budget for 2019 21.19 India has submitted its view s to Credential Committee on the Complaint of INTUC VI. Res olution concerning the composition of regarding their non-representation to ILO and the Administrative Tribunal of the International other tripartite meetings. ILO has agreed to the Labour Organization submission of the Government that the matter is VII. Res olution concerning the A ppointment to sub judice and requested to res olve the fac tional the ILO Staf f Pension Committee (United disputes at the earliest. Nations Joint Staff Pens ion Board) [F] Committee on Abrogation of Side-line Meetings during 107th session of Conventions Nos 21, 50, 64, 65, 86 and 104 ILC and w ithdraw al of Recomm endation Nos 7, 61 and 62. NAM MINISTERIAL MEETING 21.20 Shri Heeralal Samariya, Secretary, L&E, 21.22 At the NAM Minister ial Meeting held represented India in this committee and voted in on 5th June 2018, Hon’ble Minister of Labour and favour of the abrogation and w ithdraw al of these Employment, Shri Santosh Kumar Gangw ar, said ins truments. India has approved the view that that the NAM Declaration is a statement of our thes e Conv entions / Rec ommendations are admiration of ILO’s role in guiding the w orld of irrelevant in changing times and need to be w ork for last 100 years. Government of India is

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committed to provide job sec urity, w age security Initiatives are needed across many important and social security to each and every w orker. He sectors inc luding IT, healthcare, scienc e and s aid that under the leadership of our Prime technology, research and development to Minister Shri Narendra Modi, Government of India enhance future c ooperation, partners hip and has started a series of reforms in last four years. dev elopment. He express ed his c oncerned to create s kill qualification framew orks w ith ASPAG 21.23 Hon’ble Minister noted that India is countries to encourage f air migration for youth. w orking on labour law ref orms to simplify the prov isions of the 43 Labour Law s into 4 Labour 21.27 He urged that ASPAG needs to push Codes. India is making use of technology to bring for fair migration through appropriate provis ions in reforms in delivery of services, ease of for Social Security and Wages as a global agenda compliance for labour law s, Public Employ ment and more representation of ASPAG countries at Serv ices and extending s ocial security benefits the decision-making level in international (DBT). organisations such as ILO. On BRICS and in G20 fora, India is enc ouraging bilateral social 21.24 He ex tended s upport to a balanc ed security agreements (SSAs) and similar regional representation in the dec ision making poss ibilities in ASPAG as w ell. process in ILO and requested the forum to c ontinue dialogue among NA M c ountries to G 20 M EETING establis h channels of cooperation and sharing of 21.28 At the G20 Labour and Employment best practices. Ministerial Meeting held on 6th June 2018, ASPAG Ministe rial Meeting Hon’ble Minister of Labour and Employ ment, Shri Santosh Kumar Gangw ar, stressed that ILO and 21.25 At the ASPAG Ministerial Meeting other international organizations could help w ith held on 5th June 2018, Shri Heeralal Samariya, their research on the link between various Secretary, Labour and Employ ment said that streams/groups and prepare a policy response. 65% of India’s population is under the age of 35 Best practices s hould be shared at this f orum years. It is thus important f or us to c reate an but no benchmarking should be attempted. ecos ystem for promoting their health, education, employment and ensuring their skilling and 21.29 Hon’ble LEM expressed hope that training. This w ill not only build a healthy human disc ussions in ILC and at other platf orms w ould capital but also bridge the looming demand and help in developing steps to enhanc e w omen supply gap in the labour markets. He also participation in the labour market and ensure highlighted the affordable schemes initiated by decent w ork for them. He stressed on developing India, suc h as Atal Pens ion Yojana for pens ion, a constructive partnership among G20 nations Prime Minister Suraks ha Bima Yojna (PMSBY) and International Organizations to promote the for accident insurance and Prime Minister Jeevan common cause of decent w ork and social justice. Jyoti Bima Yojna (PMJBY) f or death benef its. BRICS M EETING 21.26 The Secretary (L&E) emphasized the 21.30 The BRICS Labour and Employment need for a collective approach for addressing the Ministers’ Meeting was held on 7th June, common and specif ic c hallenges that ASPAG 2018. Hon’ble Minister of Labour and faces. The challenges c an be addressed through Employment, Shri Santos h Kumar Gangw ar in outreach and building of netw orks among his statement highlighted the various schemes ac ademia, think tanks and the policy makers. initiated by Government of India and spoke about Labour mobility needs to be given greater thrust. simplification of Labour Law s.

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21.31 He explained that the initiatives taken 21.35 The Indian delegates expressed their by the Indian Presidency to promote bi-lateral conc ern to f ocus on informal apprenticeships , in social s ecurity agreements among the BRICS particular for w omen w hile discus sion on the countries and to develop a netw ork of lead labour agenda of “Apprenticeship”. The other subjects research and training institutions in BRICS of interest include “Inequalities and the World of countries have taken shape. He mentioned that Work” and “Decent Work in the World of Sport” India has signed its 19th SSA w ith Brazil and the may be disc ussed in the Conference sess ion tec hnical discussions have been initiated w ith beyond 2020. Rising inequalities is a matter for China. concern for both the developed and the dev eloping c ountries. Inequalities may exist in 332nd Ses sion of the Governing body, ILO various forms and dimensions affecting 21.32 332nd Ses sion of the Gov erning Body economic grow th, development and labour (GB) of the International Labour Organisation w as market outcomes. “Inequalities and the World of held from 8 March – 22 March, 2018 in Geneva. Work” should have a gender perspective, thus The Indian delegation, led by Smt. M. promoting w omen equality, w age equality and Sathiyavathy, Secretary (L&E), participated in the their w elf are in the labour markets. Governing Body meeting along w ith officers from Review of Annual Reports under the follow - Permanent Miss ion of India in Genev a. Shri up to the ILO Declaration on Fundamental Manish Kumar Gupta, Joint Secretary, Shri V. Principles and Rights at Work. Srikanth, Deputy Director and Ms. Kamini Tandekar, A ssistant Director, Ministry of Labour 21.36 India has ratified 6 out of 8 core and Employment w ere the other members of the conv entions , C87 (Freedom of Association and delegation. the Right to Organize, 1948) and C 98 (Right to Organize and Collective Bargaining, 1949) are 21.33 Agenda of 332 th Se ss ion of yet to be ratified. The issues involved in ratification Gove rning Body of these Conventions are being ex amined w ith Institutional Section (INS) all the stakeholders . However, Freedom of expression, freedom of association and functional Agenda of the International Labour democracy are guaranteed by our Constitution. Conference The Government has promoted and implemented 21.34 The Indian Delegation in its statement the principles and rights envisaged under these supported (i) provisional inclusion of approval of tw o Conventions (C87 & 98) in India and the the proposed amendments to the Code of the w orkers are exercising these rights in a free and Maritime Labour Convention, 2006, on the agenda fair democratic society. of the 107th Sess ion (2018) of the c onference, 21.37 The Indian delegation highlighted that (ii) the inc lusion of the agenda item ‘second India has deep respect for ILO Declaration on discussion on the standard setting item on Fundamental Principles and Rights at Work and violenc e and harass ment against w omen and the Constitution of India guarantees equality of men in the w orld of w ork’ in the 108th Session of opportunity to all citizens in matters relating to the Conference-2019 and (iii) the report of the employment and prohibit dis crimination on any High-Level Global Commission on the Future of ground. India has also ratified ILO Conventions Work. The Committee on the Application of C-100 and C-111 on Equal Remuneration and Standards s hall inc lude a centenary-related Disc rimination respectively. component in its w ork, w ithout detracting from its actual supervisory function.

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Follow-up to the resolution concerning documents, particularly those related to the remaining measures on the subject of strengthening of ILO’s role as know ledge leader, Myanmar adopted by the Confe rence at its and called f or ef fec tiv e and efficient us e of 102nd Session: res ourc es to deliver effective services to the member states. 21.38 Ambassador & PR, PMI, Geneva in his intervention welcomed the extension of the 21.41 The delegation noted the main Supplementary Understanding and agreement on principles of the strategy plan 2018-21 and an updated further phase of the Action Plan for endorsed the Evaluation Strategy outlined in the the Elimination of Forced Labour, together w ith agenda document. the tripartite endorsement of the first Decent Work Policy Development Section Country Programme (DWCP) for Myanmar. He also supported Myanmar’s continued cooperation Follow -up discussion on the voluntary peer- and constructive engagement w ith ILO. ILO and review mechanisms of national employment the international community should continue to policies support and extend technical assistance to the 21.42 The Indian delegation in its statement Government of Myanmar in its efforts to eliminate highlighted that the peer-rev iew mec hanisms of forc ed labour and promote dec ent w ork to help national employment policies can be a suc cess realize its overall national ec onomic and social only if the member states hav e w ell developed policy objectives including ref orm of the labour- employment policies. It is important to overcome sec tor. this basic obstac le. ILO w ould have to provide Complaint concerning non-observance by technical assistance to countries to deliver on the Bolivarian Republic of Venezuela of this aspect. However, the delegation in its certain ILO Conventions: statement supported option 2B “Partial peer review at subregional level”. 21.39 Secretary (L&E) welcomed the continuing w illingness and commitment of the Follow -up to the IV Global Conference on the Government of the Bolivarian Republic of Sustained Eradication of Child Labour Venezuela to engage w ith the ILO and to fulfil its (Buenos Aires, 14-16 November 2017) labour obligations. Secretary (L&E) requested 21.43 The Indian delegation highlighted the ILO and other Member States to fully support the steps taken by the Indian Government to eliminate Government of the Bolivarian Republic of child labour and bonded labour and the recent Venezuela in fulfilling its labour related obligations ratif ic ation of tw o f undamental International as part of its c ollectiv e effort to build a new Labour Organization (ILO) Conventions 138 and economy that meets the aspirations of its people 182. The Indian delegation also highlighted the and provide any assistance that it may seek in PENCiL portal. this regard. 21.44 On para 2 of the ‘ILO report on Global Programme, Financial and Administrative Estimates on Modern Slav ery ’, the delegation Section (PFA): reiterated that that ILO s hould be cautious in their ILO results-based Evaluation Strategy 2018- allianc es and ens ure that methodology and 21 databas e iss ues are w ell tested and settled beforehand. National Governments and social 21.40 The Indian delegation in its intervention partners mus t be w idely cons ulted in these appreciated that the proposed Evaluation Strategy initiatives and s tandard databases relied upon. aligned w ith corresponding key ILO policy and

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An integrated ILO strategy to address decent adv ise social partners and to achieve gender w ork deficits in the tobacco sector parity at all levels. 21.45 The Indian delegation in its intervention International Labour Standards & Human highlighted the recently held tripartite consultation Rights Segment: Proposed form for reports on this matter. The stakeholders in the meeting to be reque sted under article 19 of the ILO w ere asked to indicate their s tand i.e. w hether Constitution in 2019 on a number of ILO should discontinue the PPPs and adhere to instruments: its obligations to advance UN policy coherence 21.50 The Indian delegation w elc omed the and prevent tobac co industry interf erence or decision of focussing on the group of w orkers w hether it should continue its partnership w ith that are v ulnerable to decent w ork deficits and the tobacc o companies to eliminate child labour exc lusion of those often concentrated in non- in the tobacco grow ing c ommunities. Majority of standard forms of employment, such as y oung the employers’ / w orkers’ organisations supported w omen and men, home w orkers and pers ons dis continuance of PPPs. w ith disabilities. While appreciating the questions 21.46 Being an UN agency, ILO is expected relating to transition to formality the delegation to f ollow certain norms and principles; how ever, hoped that creation of a conducive atmosphere India requested that ILO should w ork as per its for grow th of business and entrepreneurship w ill ow n mandate and guidelines inc luding those go a long w ay to promote formal employment. regarding choosing partners. ILO’s working Skill development and lifelong learning should not be gov erned by the mandate of other mechanisms are other factors w hich need to be international bodies. evaluated and hence included in the questionnaire for General Surv ey. 21.47 Legal Issues and International Labour Standards Section (LILS) 21.51 High Level Section – Working Party on the Social Dimens ion of Globalization Composition of the International Labour Conference: Promotion of women and men Decent Work for Sustainable Development in delegations. 21.52 Secretary (L & E) emphasized that 21.48 The delegation in its statement Sustainable Development Goals (SDGs ), per se, highlighted that the percentage of w omen in the are testimony to the global commitment for Indian delegation at ILC has consistently inc lusive and meaningful grow th. Specif ically, increased due to continued efforts of the Goal 6, Goal 7 and Goal 11 are relevant goals at Government and impress ing upon the social a time w hen urban cities are bursting at the partners f or representation of adequate w omen seams due to a variety of reasons, inc luding members in their respec tive Group. ILO should migration for employment opportunities. also take up the matter with social partners Sustainable w ater, s anitation, and energy do directly, as the Gov ernments don’t have any contribute to the health, productivity and income jurisdiction in the choic e of individual delegates of the w orkers. made by the social partners. 21.53 Dev eloping countries, including India, 21.49 ILO w as requested to study the fac e significant challenges in the provision of obstacles encountered by social partners for not quality w ater and sanitation to its huge population. fulf illing the 30 percent gender parity in w omen How ever, ac ces s to w ater and sanitation is participation and take s uitable meas ures to comparativ ely better in urban areas compared

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to rural areas. She outlined the initiatives taken Child Labour Act through the PENCIL portal and in India under the National Rural Drinking Water the steps taken to rehabilitate the child labour Programme (NRDWP), Atal Mission for w hich comes to the fore. Ms. Andrees suggested Rejuvenation and Urban Transformation that such positive initiatives c ould be a learning (AMRUT), SMART Cities, etc. experienc e for other member nations and that these could be showcased in the events 21.54 India is committed to cleaner climate organized as part of ILO centenary celebrations and energy transition. India has initiated sev eral in 2019. measures tow ards achieving sustainable dev elopment through green pathw ay including 21.56 On the issue of ‘Report on Global increasing the fores t cover, reducing c arbon Estimates of Modern Slavery: Forced Labour and emis sions, river conserv ation and tac kling s olid Forced Marriages 2017’, Secretary expressed that w aste and air pollution. She outlined the initiatives the report has the potential to damage India’s under the International Solar Alliance (ISA), an image in the international scenario. The report International and Inter-Governmental should not have been endorsed by ILO w ithout organiz ation, headquartered in India. The idea cons ulting the Indian gov ernment. She also w as to form a coalition of solar res ource-rich pointed out the definitional and statistical flaw s in countries to collaborate on addressing the the report, especially in terms of disproportionate identified gaps in their energy requirements sample size adopted for countries. Ms. Andrees through a c ommon approach. Apart from being informed that ILO would send a team of a founding-member, India plays a significant role statisticians to India to explain the methodology in the alliance in terms of being a host as w ell as and the logic adopted in the report. The team a major contributor to the achievement of the could discuss these issues with a team of target. statisticians in India. Besides , she also ass ured that ILO w ill c ome out w ith a statement after duly Meeting on Research & Statistics, Report on consulting w ith the Indian Government on this ‘Global Estimates of Modern Slavery: Forced issue and ILO distancing itself from such Labour and Forced Marriages 2017’ independent surv eys of private agenc ies. with Head of the ILO Fundamental and Principles and Rights at Work Branch, ILO: Meeting on “Sustainable growth of natural stone indus try in India” w ith Mr. Caspe r N. 21.55 Ms. Beate A ndrees, Head of the ILO Edmonds, Head of Unit, Manufacturing, Fundamental and Principles and Rights at Work Mining and Energy Sectoral Polices Branch, ILO, Genev a met Secretary (L & E) on Department, ILO: Marc h 21, 2018. Ms. Andrees appreciated India for the rec ent ratification of ILO Conventions C 21.57 Mr. Casper N. Edmonds, Head of Unit, 138 and C 182 relating to Child Labour and for Manufacturing, Mining and Energy Sectoral the c ountry’s participation at the ILO’s Global Polic es Department, ILO along w ith Mr. Wael Issa Conference on the sustained eradication of Child of ILO, met Secretary (L & E) on Marc h 21, 2018 Labour held last y ear at Argentina at the level of and discus sed their proposal for initiating a pilot Minister. She said ILO w ould like to associate project for sustainable grow th of natural s tone itself w ith India and collaborate w ith some states industry in India. . The ILO representative in their ef forts to sustained eradication of c hild explained that India being the largest exporter of labour. Secretary (L & E) highlighted v arious granite and cut s andstones, s hould explore the initiatives taken by Gov ernment in implementing enormous potential of the industry. There is a the provision of these Conventions as w ell as the need to establish an overarching vision or

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strategy for the sustainable grow th of the natural proposal for standard settings items on stone industry in India. ILO could come out w ith oc cupational saf ety and health on the topics a pilot project w hich could be developed in one identified by SRM TWG in its third meeting held state, namely Rajasthan. in September 2017. 21.58 Secretary (L&E) expressed that 21.62 India supported the inclusion of keeping in view the employment opportunities in “Apprenticeships” as an agenda item for the sector the proposal could be cons idered. dis cussion in the conf erence session bey ond How ever, natural stone industry come under the 2020. Apprentices hip training is bec oming an preview of the Ministry of Mines. Therefore, there important tool for address ing skill mismatches. is a need to cons ult the Ministry of Mines f irst The scope of discussion should focus on informal and other concerned organizations/ Departments apprenticeships, in particular for w omen. The on the propos al. agenda item on “Dec ent Work in the World of Sport” is very interesting and it could be 333rd Ses sion of the Governing body, ILO considered for discussion in conference session 21.59 333rd Ses sion of the Gov erning Body beyond 2020. of the International Labour Organisation w as held Agenda of the 108th (Centenary) Session of on 9th June 2018 in Geneva. The Governing Body International Labour Conference. adopted the reports of 107th ILC 21.63 The delegation in its intervention 334th Ses sion of the Governing Body supported the representation of the member 21.60 334th Ses sion of the Gov erning Body countries at the level of the head of the (GB) of the International Labour Organisation w as Government. held f rom 25 October – 8 Novembe r, 2018 in 21.64 The delegation pointed out that the Genev a. The Indian delegation, led by Smt. themes of the debates and events could also focus Anuradha Prasad, A dditional Sec retary (L&E) on the role and participation of w omen in the labour partic ipated in the Governing Body meeting along markets as low female labour force participation w ith officers from Permanent Mission of India in rates remain a concern in many countries. Decent Geneva. Shri Manish Kumar Gupta, Joint w orking c onditions and rights of the migrant Secretary and Ms. Kamini Tandekar, Deputy w orkers could be another focus area. Director, Ministry of Labour and Employment w ere the other members of the delegation. 21.65 ILO has inf ormed that ILC 2019 w ould inc lude single intervention by the head of the 334th Ses sion of Gove rning Body delegation plus an intervention by the head of the Institutional Section (INS) Government. Details of the Outcome Document w ould be shared in March 2019. 21.61 The Indian Delegation supported the inclusion of “Inequalities and the World of Work” Follow-up to the resolution concerning as an agenda item for general dis cussion for the effective ILO Development Cooperation in Conf erence session in 2020 and stressed that support of the Sustainable Development this initiative should have a gender perspective, Goals. thus promoting w omen equality, w age equality 21.66 The Delegation stressed that it is and their w elfare in the labour markets . The essential to adopt an integrated approach on the delegation f urther supported that the Conference part of national, state and loc al governments for Session 2020 include a follow -up item to the the achievement of the SDGs. ILO should Centenary Session and reques ted for detailed

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strengthen the capac ities of its constituents, approximately 100 - 120 MSMEs under the special keeping in mind their needs and requirements ; in name ‘Lean Plus Make in India MSME Cluster achieving this objective. Sc heme’. 21.67 Indian delegation supported 21.71 Given the emergence of new forms of cons olidation of good practic es in South-South employment; training, s killing and re-s killing of and Triangular cooperation. Building statistical w orkers should be the large f ocus area of the capacity of the member countries is important. enterpris es . The Enterprise Initiative s hould This is needed to identif y the key indicators and include this aspect w hile building upon measurement of the key labour market variables. interventions. While implementing the strategic Monitoring of these variables s hould be done component “enterprise and supply chain policies nationally. and practic es” under this initiative, care should be taken that no intervention in any way Follow – up to the regulation concerning the encourages any protectionist agenda. second recurrent discussion on social dialogue and tripartism 21.72 End to Poverty initiativ e is instrumental to the implementation of 2030 agenda, for 21.68 The Indian delegate mentioned that w ith Sustainable Development. ILO should be cautious the emerging platform economy, new in their alliances and ensure that the terms used mechanis ms for social dialogue and tripartite are w ell defined; the methodology adopted is consultations should be explored. This w ould also sound and tes ted and national official facilitate better and efficient cross border databases are relied upon. National tripartis m. Governments and social partners must be w idely 21.69 The delegation pointed out that in the consulted in process of the any study undertaken. context of Global Supply Chain it is essential to It w as emphasied that definition of any term w as promote cross border social dialogue and of paramount importance and s hould consider tripartism to understand the issues, problems and the national pers pectiv es of member countries. challenges faced by the w orkers in value chain. It w as sugges ted that National Gov ernment This form of social dialogue w ill also help in should be involved in def ining the term reflected identifying the responsibilities in terms of training in the SDGs. and skilling in global value chain. ILO should Policy Development Section suggest means and methods of developing such cros s border social dialogue. Follow-up discussion on voluntary peer- review mechanisms of national employment Report of the Director- General: First policies Supplementary Report: Follow - up to the ILO Centenary Initiatives 21.73 The delegation emphasized that the peer-review of the national employment policies 21.70 The delegation highlighted the should be truly voluntary; promote mutual learning achievements under the SCORE Project in India. and exchange of good practices and should not Ov er the tw o phases of the project, SCORE lead to ranking of the countries. For the success Training in India has raised aw areness on of this mechanism, ILO s hould provide technical productivity and w orking conditions together w ith and analytical support to the member countries the Stakeholders and Implementing Partners. In in this sphere. its third s tage, SCORE Training w ill be rolled-out in 10 Lean Manufacturing Competitiveness 21.74 The Indian delegation highlighted the Scheme (LMCS) clusters, covering steps taken by the Indian Government for the

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benefit and w elfare of the indigenous and tribal stressed that the aim of the general survey on people. ILO instruments concerning the nursing personnel and domestic w orkers should be to unders tand An integrated strategy to address decent the current situation in the care economy in the w ork deficits in the tobacco sector member states vis-à-vis the provis ions of the 21.75 India supported the statement made by instruments. The law s and prac tices in the care Australia on behalf of Australia, New Zealand, economy need to be examined from a gender China, Singapore, Thailand, Nepal, Qatar, Iran, perspective. The survey should also try to identify Bahrain, Bangladesh, Myanmar, Israel, Uruguay, any potential gaps in international labour Ecuador, Turkeyon this agenda item. The standards in this sphere. countries took note of the ef forts made by ILO to Programme, Financial and Administrative fac ilitate the mobilization of resources for the Section implementation of the Integrated Strategy and for undertaking extensive consultations w ith High-Level evaluations of strategies and Tobacco-grow ing communities in Malaw i, Decent Work Country Programmes Uganda, the Republic of Tanzania and Zambia. 21.79 Indian delegates ex pressed that ILO’s 21.76 The statement emphasized countries’ Result Based Management (RBM) system should strong commitment to achieving tripartite depict a comprehensive picture of its w ork in agreement on this issue and supported ILO’s youth employment. proposal to organise a tripartite meeting to 21.80 India supported the recommendations promote exchange of know ledge of the strategy. w herein it w as stated that ILO’s researc h should The countries further supported the ILO us ing ex plore the opportunities and risks for young existing resources to fund the programs until new people, posed by new developments in the w orld donors are found. of w ork and w elcomed the recommendations that 21.77 The countries in the statement envisaged finding opportunities of youth encouraged ILO to build a broad coalition of engagement, especially at country level in policy development partners and continue consultations and programme development. Indian delegation to identify possible synergies to fund the Strategy suggested that ILO should help in formulating a for the long-term. It w as emphasized that ILO’s tailor made programme f or c ountries to tackle efforts to promote decent work in tobacco- w ith this is sue. grow ing communities must be consistent w ith 21.81 Indian delegation emphasized for member s tates’ obligations as parties to the framing a policy for providing employment FCTC. opportunities to refugees , there should be a Legal Issues and International Labour distinction betw een international migratory Standards Section (LILS) w orkforce and the refugees. The policy responses w ith respect to migrants and refugees Choice of Conventions and should be completely dif ferent and distinct and Recommendations on which reports should the country should independently dec ide on the be requested under article 19, paragraphs policy in this regard. 5(e) and 6(d), of the ILO Constitution in 2020 Informal G20 EWG Mee ting 21.78 The Indian delegation supported the first option i.e. General Survey on the promotion of 21.82 An informal G20 EWG meeting w as decent w ork for w orkers in the care economy and held on 06.11.2018 on the sidelines of the

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Governing Body Meeting. Japan discussed the 21.86 The meeting concluded w ith a ses sion priorities for the EWG meetings s cheduled to on proposed strategy for IEC during the begin from February 2019 and conc luded again Centenary year 2019. ILO propos ed a number of the priority i.e ‘Future of Work’ and the Labour activities including Social Protection w eek, and Employment issues proposed to be advocacy f or ratification of C102 etc. ILO w as discussed under the Japanese Presidency, 2019 requested to share the details of such activities, are (i) Demographic trans ition (inc luding job and the ones that can be taken up nationally. opportunities f or the aging soc iety; long term Meeting w ith Mr. Phillippe Marcadent, Chief health care; pension financing and sus tainability of inclusive Labour Markets and Working of s ocial s ecurity ) (ii) Gender equality (iii) New Conditions) ILO (25-10-18) on 25th October forms of w ork (to include exc hange of national 2018 in the sidelines of GB experience and practices about platform w ork, crow d w ork and tailor w ork of employers and 21.87 ILO, in association w ith Bill Gates employ ees ). Foundation w anted to undertake a project in India for strengthening Health related social security. The 3rd Multi Stakeholder Meeting on Global Project proposals for strengthening State Flagship Program me on SDG-1.3, (Social Government ESIS sy stems w as dis cussed, and Protection Floor) ILO w as advised to design the proposal around 21.83 The meeting w as held on 24th Oct 18 this theme. ILO was also asked to have a The First Session w as a High Lev el Segment- component of capacity building and training of Partnering for SDG 1.3. Shri Manish Kumar Gupta, States’ ESIS officers and experience sharing w ith Joint Secrtetary w as one of the panelist other other countries. panelists w ere – Vice Minister (Ministry of G20 Labour and Employment Ministers’ Development/Social Inclusion) Honduras, Meeting and G20 Joint Education and Labour Sec retary General (Ministry of Social Security Ministers’ Meeting. and solidarity) Algeria, Ambassador from Republic of Timor Leste, Executive Coordinator Multi 21.88 The G20 Labour and Employment partner Trust Fund office UN, Director of Ministry Ministers’ Meeting w as held f rom 6-7 September of Development /Cooperation Luxumborg, 2018. The Indian delegation led by Shri Santosh Exec utive V ice President, Nestle. Kumar Gangw ar, Hon’ble Minister of State (Independent Charge) participated in the meeting. 21.84 Indian delegation gave a presentation Shri Manu Tentiw al, PS to MoS (IC) and Smt. Anita on the journey and roadmap tow ards universal Tripathi w ere the other members of the delegation. social security in India. All the panelists expressed The G20 Labour and Employment Minis ters ’ their c ommitment tow ards implementing and deliberated on the follow ing topics/areas: supporting social protec tion strategy. They also shared their experience and challenges in their 1. Technological c hange and labour market respective countries / s pheres . This session transformations: skills development and new concluded w ith all the partners sharing their forms of w ork commitment and solidarity tow ards SDG 1.3. 2. Promoting dec ent w ork and an inclusive 21.85 In the afternoon session, ILO presented future their experienc e and report of their Flagship 3. Strengthening s ocial protec tion programme on Building Soc ial Protection Floor to all. 4. Tow ards gender equality in the future of w ork

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5. Removing barriers for persons with BRICS Labour and Employment – Ministers’ disabilities Meeting 21.89 The first half of the first day of the meeting w as dedicated to G20 Joint Education and Labour Minis ters’ meeting. The Minis ters deliberated upon the follow ing iss ues: 1. Developing skills for an inclus ive future 2. Polic y c oordination. Whole government approach. Social dialogue and transitions Applauding the Argentine Presidency for holding the joint meeting of the Educ ation and Labour Ministers, Hon’ble Minis ter, Shri Santosh Kumar Gangw ar in the opening session said that the 21.91 The BRICS Labour and Employ ment coordination betw een these Ministries is needed Ministerial meeting took place from 2nd A ugus t, to s trike a right balanc e betw een the supply and 2018 to 3rd August, 2018 under the South Af rican demand of the labour in a country. He reiterated Presidency in Durban, South Africa. Indian that India is c ommitted to job security, w age Government Delegation w as led by Shri Santosh security and social security to all our w orkers in Kumar Gangw ar, Hon’ble Minister for State the country. All round efforts have been made to (Independent Charge) for Labour & Employ ment promote job creation in India over the last few and c ompris ed of Shri. Rajit Punhani, Joint years through various schemes and Secretary & DGLW, Dr. H. Srinivas, DG, VVGNLI, programmes. He also stressed on inclusive Shri. Manu Tentiw al, PS to MOS(IC), Ms. Anita dev elopment and signing of Social Security of Tripathi, Deputy Secretary and Senior official of A greements amongs t the G20 countries for Embassy of India (EoI), South Africa. ensuring portability of social security benefits to 21.92 The meeting mainly deliberated the four its w orkers. The Indian delegates deliberated their thematic areas (i) Youth Employ ment, (ii) Decent interv ention on the s ess ion titled ‘Developing and Economic Grow th: Women Participation – Skills for an inclusive f uture’, “Promoting Decent Equal pay for Work of Equal Value, (iii) Soc ial Work and inclusive future”, “Strengthening Social Dialogue and (iv) Social Protection. Apart from Protection” and “Tow ards gender equality in the discussions on the thematic areas , the other future of w ork” during the G – 20 meeting. agenda items (i)‘Memorandum of Understanding 21.90 Hon’ble Minister in his closing remarks (MoU) between the BRICS member nations said that there is a high c orrelation betw een (Brazil, the Rus sian Federation, India, South education and skill levels obtained by an individual Africa), (ii) Three year Implementation Plan for and his/her placement in the labour market. If w e the BRICS EWG for 2019-21, (iii) partnership of have sound and good educational, training and the International Training Centre of the ILO and skilling institutions; our labour w ould be more Res earc h Ins titutions of the BRICS member productiv e. Formaliz ation, social protec tion, countries in BRICS Netw ork of Labour Research gender equality and inc lusive development are Institutions and (iv) the role of ISSA for very important as pects for a country that have cooperation on providing Social Security w ere an impact on a country’s economic grow th and also discus sed in BRICS LEM Meeting. prosperity.

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21.93 The MoU w as signed on the 3rd August, Further, the Government is helping in new 2018 during BRICS Minister’s Meeting and employment by contributing a total of 12% of the became operative on the date of the s igning and Provident Fund contribution of the employer. This w ill remain in ef fect f or three years. In the MoU, has resulted in transition of about 6 million the parties including India have agreed to w orkers from inf ormal to formal sec tor. cooperate and hold mutual events in the 21.95 Hon’ble LEM emphasized that the prominent areas viz. labour legis lation and BRICS forum signifies the changing f ace of the enforcement, protection of w orkers’ rights w ith w orld in terms of structure of economy, trend of foc us on vulnerable groups , labour statistic s, economic c hanges, rise of mic ro industries and Employment and labour market policies, new forms of employment as w ell as common Profess ional educ ation, skills and training and challenges. It is imperative that BRICS countries Social protection. The member countries agreed w ork together, and cooperatw ith each other to all to utilize the BRICS Netw ork of Labour Res earch extents possible, to reach concrete policy Institutes and BRICS Soc ial Security Cooperation s olutions to the challenges f ac ed by BRICS Framework for cooperation on Social Security and countries. other labour iss ues. Closing Statement by Minister of Labour and Employment 21.96 In the clos ing ceremony, Hon’ble LEM ex press ed his happines s on the adoption of BRICS Labour and Employment Ministers’ Dec laration w hich ref lected collective position and commitments of the BRICS Nations . Further, he emphas iz ed the commitment to generate decent job opportunities for youth w ith inter- minis terial c oordination and a strong labour market information s ystem to promote sharing Opening Statement by Minister of Labour of labour information amongst BRICS nations to and Employment promote job opportunities in member countries. 21.94 In his opening remarks, Hon’ble MOS 21.97 He appreciated the fact that the (IC) for Labour and Employ ment ex pressed his Memorandum of Understanding signed by happiness over the fact that the South African member countries specif ies the areas and forms Pres idency had chos en relevant iss ues suc h as of cooperation and have provided for a joint Social youth employment, social dialogue, social Security Framew ork to promote bilateral and protection and w omen’s participation in the labour multilateral exc hanges and cooperation. market for discussion in the G20 LEM meeting. He emphas iz ed that along w ith employment 21.98 He mentioned that the BRICS Netw ork generation emphas is should be equally given to of Labour Research Institutes, the s eed of w hich promotion of entrepreneurship, skill development w as germinated in Delhi Declaration, 2016 has and self-employment. He highlighted that under been grow ing w ith each BRICS meeting and is the microfinance scheme – MUDRA, close to 130 now going to be materialised in the form of an million small loans have been distributed f or active Netw ork and India fores ee an active role entrepreneurial ac tivities and large proportion of of V.V.Giri National Labour Institute in this the beneficiaries under the s cheme are w omen. network.

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21.99 India truly appreciated the contributions Social Partners. The special message of ILO, ISSA , our social partners and other acknow ledged India’s unique association w ith the international organisations in providing technical ILO in its 100 year journey, s ince 1919 and w as inputs for our discussions. shared prominently on the Official Social media platforms. 21.100 The meeting ended w ith the adoption of the BRICS Labour and Employment Ministers’ MULTILATERAL COOPERATION Dec laration and signing of Memorandum of 21.104 A Memorandum of Unders tanding Understanding by member countries regarding (MoU) w as signed amongs t BRICS Nations on cooperation in the social and labour sphere. 3rd August, 2018 during the BRICS Labour and TECHNICAL CO-OPERATION PROGRAMM ES Employment Ministerial Meeting in Durban, South Africa. 21.101 Under the A ctive Partnership Policy of the ILO, collaboration betw een India and ILO 21.105 A Memorandum of Understanding is supported by technical inputs from the (MoU) w as s igned betw een Directorate General multidisciplinary teams at ILO, New Delhi as w ell of Factory Advice Servic e and Labour Institutes as by the technical departments at the ILO (DGFASLI) and German Social Accident Headquarters. The technical specialis ts provide Insurance (DGUV) on 13th Nov ember, 2018 at advisory services in international labour Berlin, Germany. standards, statis tics and also discus s areas of 21.106 A Memorandum of Understanding possible collaboration in future. The tripartite (MoU) w as s inged betw een VV Giri National machinery of the Government, w orkers’ and Labour Institute, Noida and International Training Employers’ Organisations, w orked closely w ith Centre of ILO, Turin, Italy on 30th November, 2018 the ILO in identify ing the major Decent Work at Turin, Italy. country Programmes ’ objectives for the ensuring years. 21.107 India and A ustralia signed a Social Security Agreement on 18th November, 2014 and 21.102 A number of officers from Ministry of the administrative arrangement w as subsequently Labour & Employment w ere deputed f or training, finalized and made operative w .e.f. 01.01.2016. w orkshops, seminars and meeting under The agreement provide benefit of (1) Equality of fellow ships provided by ILO. treatment, (2) Export of Benefits, (3) Avoidance 21.103 International Labour Organisation (ILO) of Double Coverage and (4) Totalization. It is fully turns 100 in 2019 and to celebrate its centenary functional and operated through the nodal agency various ac tivities and events w ill be conducted EPFO in India. throughout 2019 across the globe. ILO in HIGH-LEVEL INTERNATIONAL M EETINGS collaboration with Ministry of Labour & Employment has planned a host of activities and 21.108 Some of the prominent events to be conducted in India in 2019. The set International meetings and training programmes of activities and events include issue of ILO 100 w here India participated actively are as under:- commemorativ e pos tage stamp and Tripartite • Smt. Anuja Bapat, Director, MoLE had event on Future of Work. Hon’ble Minister of State attended G-20 Workshop and Meeting of the (IC) for Labour and Employment launched hosting Sub-Group on Labour and G-20 Workshop of ILO 100 logo and a Special New Year Message on Building Opportunities for an inclus ive on the Minis try’s of ficial w ebsite on 1st January, future of work on 10-12 April, 2018 in Buenos 2019 for the entire labour force and Tripartite Aires.

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• Shri V. Srikanth, Deputy Director, MoLE had agreements” from 9-13 July, 2018 in Turin, attended ILO’s 3rd meeting of Special Italy. Tripartite Committee of the MLC 2006 on 23- • Shri Devender Singh, Economic A dviser, 27 April, 2018 in Geneva, Sw itzerland. MoLE had attended World Hindi Conference • Shri Manis h Kumar Gupta, Joint Secretary on 18- 20 August, 2018 in Mauritius. and Smt. A nuja Bapat, the then Director, • A high delegation led by Shri Santosh Kumar MoLE attended 1s t BRICS Employ ment Gangw ar, Hon’ble Minister of State for Labour Working Group (EWG) meeting on 7-10 May, & Employ ment (Independent Charge), Shri 2018 in Mbombela, South Africa. Rajit Puhani, Joint Secretary, MoLE Dr. H. • Shri Jitendra Kumar Singh, Under Sec retary, Srinivas, Director, V.V. Giri National Labour MoLE had attended ILO training Programme Institute, Shri Manu Tentiwal, Private on “Evolving forms of employment Secretary to Minister of State for Labour relationships and Decent Work” from 14-18 (Independent Charge) and Smt. Anita May, 2018 in Turin, Italy. Tripathi, Deputy Secretary, MoLE attended 2nd meeting of BRICS Employ ment • A high level delegation led by Shri Santosh Working Group (EWG) and Meeting of Kumar Gangw ar, Hon’ble Minister of State Labour and Employ ment Ministers of BRICS f or Labour & Employment (Independent countries on 30th July to 3rd August, 2018 Charge), Shri Heeralal Samariya, Secretary in Durban, South Africa. (L&E), Shri Ram Kumar Gupta, Joint Secretary, Ms. Kalpana Rajsinghot, Joint Secretary, Smt. Anuja Bapat, Director, Shri Manu Tentiw al, PS to Hon’ble Minister of State for Labour & Employment (Independent Charge), Shri P.J. Soundararajan, Under Secretary, 11 members of Workers Group and 11 members of Employers’ Group have attended 107th Session of International Labour Conference of ILO & 333rd Sess ion of Gov erning Body ILO held in Genev a, Sw itz erland f rom 27th May to 9th June, 2018. • Smt. Anuja Bapat, Director and Ms. Kamini • A high level delegation led by Shri Santosh Tandekar, Deputy Direc tor, MoLE attended Kumar Gangw ar, Hon’ble Minister of State 2nd meeting of G20 Employment Working f or Labour & Employment (Independent Group (EWG) and Joint Session of the Charge), Shri Heeralal Samariy a, Secretary, Education and EWG under Argentina Shri Manish Kumar Gupta, Joint Secretary, Pres idency on 11-13 May, 2018 in Geneva, Shri Manu Tentiw al, Private Secretary to Sw itzerland. Minister of State for Labour & Employ ment • Shri S.S. Das, As sistant Section Off icer, (Independent Charge) and Smt. Anita MoLE had attended ITC-ILO’s training Tripathi, Deputy Secretary, MoLE attended programme on “Negotiating bilateral labour Third meeting of the G-20 Employ ment

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Working Group and Labour & Employment Charge) had attended ILO training Ministers meeting on 3-7 September, 2018 Programme on “Building ef fec tive labour in Mendoza, Argentina. dispute prevention and resolution systems” from 22.10.2018 to 26.10.2018 in Turin, Italy. • Shri Manish Kumar Gupta, Joint Secretary, MoLE had attended Third meeting of the Multi- Stakeholder Partnership f or SDG on 24.10.2018 in Geneva, Sw itzerland. • Shri Heeralal Samariya, Secretary (L&E) had attended 81st sess ion of the Board meeting of International Training Centre of ILO from 25.10.2018 to 26.10.2018 in Turin, Italy. • Ms. Anuradha Prasad, Addl. Secretary, Shri Manish Kumar Gupta, Joint Sec retary and Ms. Kamini Tandekar, Deputy Director, MoLE attended 334th Sess ion of Governing Body of ILO from 25.10.2018 to 08.11.2018 in • Shri S.B. Singh, DDG (E) had attended Genev a, Sw itzerland. Global Dialogue Forum on Employment Terms and Conditions in Tertiary Education • Ms. Shikha Anand Director, DGE had attended ILO’s c onsultation on EU-India from 18.09.2018 to 20.09.2018 in Geneva, Sw itzerland. Employers ’ pers pectiv e on Skill Shortages and Talent Mobility on 30.10.2018 in • Smt. Kalpana Rajs inghot, Joint Secretary Brussels, Belgium. and Shri Shailes h Kumar Singh, Under Sec retary, MoLE attended ILO’s Child • Shri Devender Singh, Economic A dviser, MoLE and Shri Av neesh Singh, Director Labour Platform Global meeting from 11.10.2018 to 12.10.2018 in Geneva, General, DGFASLI attended signing of MoU between DGFASLI and DGUV from Sw itzerland. 13.11.2018 to 15.11.2018 in Berlin, Germany. • Shri Rajan Verma, CLC (C) and Shri Suresh • Shri Aquib Javed, JD, DGE, MoLE and Shri Singh, Director, MoLE attended Fourth Meeting of the Standards Review G. Vijayaraghavan, Director, MSDE attended G20 Enterpreneurship Roundtable from Mechanism Tripartite Working Group (SRM TWG) f rom 11,10,2018 to 12.10.2018 in 15.11.2018 to 16.11.2018 in Xiamen, China. Geneva, Sw itzerland. • Dr. H. Srinivas, Director General and Dr. S.K. • Shri Himmat Singh Raghav, Direc tor, Labour Sasikumar, Sr. Fellow, VV GNLI attended First Joint BRICS Netw ork Experts Forum Bureau had attended ILO 20th International Conf erenc e of Labour Statistic ians from on Promoting Better Labour Market Outcomes for youth in the BRICS and 10.10.2018 to 19.10.2018 in Geneva, Sw itzerland. Bey ond from 28.11.2018 to 30.11.2018 in Turin, Italy. • Shri Alok Mathur, OSD to Minister of State f or Labour & Employment (Independent • Shri K.G. Suresh, Joint Direc tor, ESIC had

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attended 4th Meeting of Nominations Committee, 117th Bureau Meeting of ISSA and 37th Sess ion of ISSA from 05.12.2018 to 07.12.2018 in Geneva, Sw itzerland. • Shri Ajay Tew ari, JS & DGLW had attended Intergovernmental Conference for adoption of Global Compac t for Safe, Orderly and Regular Migration from 10.12.2018 to 11.12.2018 in Marrakesh, Morocco. • Smt. Neeraja Bhavaraju, Under Secretary, MoLE had attended ILO –ITC Training Programme on “Productivity & Working Conditions in SME’s: A cours e for Policy Makers” from 17.12.2018 to 21.12.2018 in Turin, Italy. 21.109 Some of the prominent International Delegations visited India to meet of ficials of Ministry of Labour & Employment are:- • Ms. Karen Curtis, Deputy Director and Mr. Tim De Meyer, Senior Advis er, International Labour Standards Department (NORMES) met Secretary (L&E) on 05.10.2018. • Mr. Philippe Marc adent, Head, Inclus iv e Labour Markets, Labour Relations and Working Condition Branch (INWORK), ILO Genev a had a courtesy visit w ith Secretary (L&E) on 01.11.2018 during his visit to India. • Ms. Tomoko Nishimoto, Assistant Director- General and Regional Director, ILO Regional Office for Asia and the Pacific had a courtesy visit with Hon’ble Minister of State (Independent Charge) for Labour & Employment on 20.11.2018 during her v isit to India from 20-22 November, 2018.

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CHAPTER-22 PRINCIPAL ACCOUNTS OFFICE, MINISTRY OF LABOUR & EMPLOYMENT

Office of the Chief Controller of Accounts Adviser (AS&FA) and Chief Controller of Accounts. The Ac counting Organisation of the The Accounting Organisation of Minis try of Ministry of Labour & Employment is headed by Labour & Employment the Chief Controller of Accounts w ho is assisted by a Dy. Controller of Accounts, Principal 22.1 The Secretary is the Chief Accounting Accounts Of fice & 7 Pay and Accounts Off ices Authority of the Ministry and performs duties w ith as mentioned below :- the assistance of Additional Secretary & Financial

SECRETA RY

ADDL. SECRETARY & FINANCIAL A DVISER

CHIEF CONTROLLER OF A CCOUNTS

DY. CONTROLLER OF A CCOUNTS

PR. ACCOUNTS INTERNA L OFFICE AUDIT WING Accounts & Admn.

PAO, PAO, PAO, PAO, PAO, Main PAO, CLC LABOUR SECRETARIAT PAO, DGE, DGFASLI, DGE-II, DGMS, NEW DELHI NEW DELHI BUREAU NEW DELHI MUMBAI CHENNAI DHANBAD CHANDIGARH

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Major initiatives /w ork done by Office of the Gender Based Audit Chief Controller of Accounts, Ministry of Labour & Employment 22.5 Internal Audit Wing of office of CCA, MoLE had c onducted a gender audit of National (during F.Y. 2017-18) Child Labour Project (reported in Statement 13):-

Gender Res ponsive Budge ting (GRB)  To assess gender equality in policies, programmes, organisational structures and 22.2 A Gender-Responsive Budget is a proceedings (including decision-making budgeting exercise that acknow ledges the gender processes) and in the corresponding patterns in society and accordingly formulates the budgets. policies and programs of the Government to bring  For documentation towards the the s ociety tow ards gender equality. Gender achievement of gender equality. budget initiatives aim to move the country in the direction of a gender-res pons ive by providing  To suggest possible improvements and various benefits under schemes including social innovations. sec urity benefits like maternity benefits to the  To recommend w ay s of address ing gender w omen, facility of crèche etc. In order to gaps. strengthen the Gender Responsive Budgeting  To identif y strengths and w eaknes ses in (GRB) in the Ministry of Labour and Employ ment promoting gender equality iss ues. (MoLE), Chief Controller of A ccounts has been w orking closely w ith UN Women for undertaking  To help in building organizational ow nership a gender budget analy sis of its policies and for gender equality initiatives programmes as also tow ards strengthening the  To sharpen organizational learning on institutional mec hanisms for GRB. gender.

Gender Budget Annual Action Plan  To assess the extent of gender mainstreaming in terms of the development 22.3 Chief Controller of Accounts has initiated and delivery of gender-s ensitiv e products the proces s of updating the Gender Budget - and services. Annual Action Plan for 2019-20. In this connection,  To ex amine the ex tent to w hic h human various meetings are held w ith the stakeholders resources policies are gender-sensitive. to dis cuss and prepare the c omprehens iv e Annual A ction Plan so that true picture of this  To assess the level of resources alloc ated and s pent on gender mainstreaming and Ministry’s gender w ise utilization of funds may be reflected in the various Union Budget related gender activities. statements or documents.  To ex amine gender balance amongs t the staff at different levels of an organiz ation. Training on Gender Budget 22.6 Major observations made:- 22.4 A n orientation training programme on Gender Budgeting for off icials of the Ministry,  No s eparate Budget prov isions to provide Attached and Subordinate Offices was support ac cording to need of Girl Child. conducted in the month October 2018 at V VGNLI  No provision in Guideline of NCLP to provide w ith the support of UN Women and National support ac cording to need of Girl Child. Institute of Financial Management (NIFM).

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 Enrollment of number of girl child are released Grant-in-Aid to v arious Grantee satisfactory. Organizations for various Labour Welfare  But, No separate toilet for girl child. Activ ities across the country in accordance w ith Rule 228 to 245 of General Financ ial Rules-2017.  Non-availability of supplements i.e. protein, calc ium, multivitamin etc. to girl child. Utiliz ation Certificate  Shortage of female teacher in NCLP school. 22.12 In accordance w ith the provision  No f emale escort in Playground contained in Rule 238 of General Financial Rules 2017, a Certificate of Utiliz ation of grants is  No adequate training provision on Craft w ork required to be f urnished in respect of grants to Girl Child. released to Autonomous Bodies, Non- Review of NCLP Schem e through PENCIL Government Institutions, and other Organiz ations portal under Gender Audit etc. 22.7 A questionnaire has been prepared by 22.13 The of fic e of the Chief Controller of Internal A udit Team and s ent to all the Project Accounts is vigorously monitoring the outstanding Societies and uploaded on PENCIL Portal of the utiliz ation certificates f rom various divisions. The Ministry. 24 Project Societies have furnished the information regarding pending utilization reply to questionnaire through PENCIL Portal. certific ate are being f orw arded to all Bureau Heads and also dis cuss ed in Senior Off icers Risk Based Audit meeting chaired by Secretary for necessary 22.8 Risk based audit of Employee Provident updation. Fund off ice w as conducted during the F.Y. 2017- Public Financial Management System (PFMS) 18. The audit of the Schemes EPS and PMPRPY w ere examined by the Audit team of Offic e of the 22.14 To achieve the target framed by CCA, MoLE. The Risk based approach was Finance Secretary, Department of Expenditure, adopted to conduc t the audit of thes e Schemes. M/o Finance regarding Univers al Rollout of Public Financial Management System (PFMS) for Internal Audit Central Sector (CS) Schemes by 30.09.2017, 22.9 According to GFR 236(1), Audit Wing Chief Controller of Accounts, Ministry of Labour of Pr. Acc ounts Office has to conduct the audit and Employment immediately created a Public of the Grantee Institutions and als o it is the duty Financial Management System (PFMS) of Pr. Accounts Off ice to c onduct the regular Monitoring Cell headed by Sr. Accounts Off icer audit. and consisting three members to impart trainings and to assis t all Program Divisions to achieve 22.10 Due to shortage of staf f only 50 units the target as per time schedule in Minis try of w ere inspected during the financial year 2017-18 Labour and Employment. and 306 paras were added. After proper verification of the compliance report furnished by 22.15 During this process, Chief Controller of the Head of Offices of the audited units 122 paras Accounts explained the importance of EAT Module w ere settled. to all the Bureau Heads and discussed the status and structure of the schemes of M/o Labour and Grant-in-Aid Employ ment.

22.11 Office of the Chief Controller of 22.16 All the schemes w ere review ed Accounts through their Pay & Accounts Off ices thoroughly. Hierarchy and Components in

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consultation w ith Program Division hav e been (ix) Payment of loans and grants to State review ed and created on PFMS Portal. Governments through Reserv e Bank of India (and w herever this office has a 22.17 To achieve target in time, several draw ing acc ount, payment thereof to trainings w ere provided to the concerned Union Territory Governments/ Agencies at various places throughout country Administrations). at Guw ahati, INGAF New Delhi, CIRTES Noida, IIWE Mumbai, VVGNLI Noida, Chandigarh and at (x) Consolidation of monthly ac counts of RTCs during Augus t and September. the Ministry in the manner prescribed by Controller General of Accounts Dire ct Bene fit Transfer (DBT) (CGA). 22.18 Office of the Chief Controller of (xi) Preparation and submission of annual Accounts through their Pay & Accounts Off ices Appropriation Accounts of the Grant of had made payment under DBT for direct credit the Ministry, Statement of Central of dues f rom the Gov ernment of India into the Transactions and material for Finance account of benef iciaries under schemes of the Account of Union Government (Civil) to Ministry of Labour & Employment. the Controller General of Accounts. 22.19 Following work was also done during (xii) Rendition of advice on finance & F.Y. 2017-18 by office of the Chief Controller accounts matters to the Minis try. of Accounts through their Pr. Accounts Office and Pay & Accounts Offices:- (xiii) Supply of Cheque Books to PAOs and cheque drawing DDOs through (i) Payments of bills of establishment of conc erned PAO. the Ministry and its attached & subordinate offices. (xiv) Maintenance of liaison w ith CGA and ac credited bank for v erification and (ii) Payment of Pay and A llow ances in reconciliation of all receipts and respect of Ministry’s Staff. payments made on behalf of the Ministry (iii) Payment of Grants-in-aid to Grantee through the accredited bank. Institutions. (xv) Reconciliation of Cash Balances of the (iv) Payment of Long term and Short term Ministry. advances to the staff of the Ministry. (xvi) Issuing sanctions to agent Ministries on (v) Payment of Contingent Bills in res pect behalf of various w ings of the functional of expenditure incurred by the Ministry. Ministry for carrying out certain activity required by the functional Minis try. (vi) Payment of TA & LTC bills. (xvii)Maintain ac count of adv ances under (vii) Payment of Medic al Reimbursement various types of Debt and Deposit Bills. heads including Provident Fund.

(viii) Payment of Retirement/Terminal (xviii) Authorize pension payment on Benefits, long term loans and advances retirement of employ ees. and for w ithdraw al from Provident Fund (in respect of Government Servants other than MTS)

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CHAPTER-23 DIRECTORATE GENERAL OF EMPLOYMENT

BACKGROUND Centre and the States. The total number of Employ ment Exc hanges f unc tioning in 2016 is 23.1 The Directorate General of 997 (including 76 University Employment Res ettlement and Employment (DGR&T) and Information and Guidance Bureaux). Directorate General of Employment & Training (DGE&T) now know n as Directorate General of 23.6 In pursuance of the Cabinet Secretariat Employment(DGE) w as s et up initially for the Order No.1/21/9/2014-Cab dated 16th April, 2015 purpose of resettling demobilized Defence and Ministry of Labour and Employment Order Serv ice personnel and disc harged w ar w orkers No. DGE&T-A-22020/01/2015-Adm-II dated in c ivil life. 21.04.2015, tw o verticals of Directorate General of Employment & Training (DGE&T) w orking 23.2 Af ter Independence, the Directorate under Deputy Director General (Training) and General w as also called upon to handle w ork Deputy Direc tor General (Apprentices hip Training relating to displac ed persons from Pakis tan. along w ith their support system w ere transferred Subs equently, the scope of the Direc torate w as to Ministry of Skill Development & ex tended to cover employ ment service to all Entrepreneurship(MSDE). Direc torate General of categories of job s eekers in early 1948, and Training (Now in MSDE) is an apex organisation training services to all civilians in 1950. for development and co-ordination of the vocational training including w omen’s vocational 23.3 In pursuanc e of the recommendations training to the employable youth in the country of the Training and Employment Service and to prov ide skilled manpow er to the indus try. Committee (Shiva Rao Committee set up in 1952), the day-to-day administrative control of the 23.7 The Directorate General of Employment Employment Exchanges and Industrial Training (DGE) is presently headed by the Director Institutes (ITIs) w as transf erred to the State General (Employment). The organizational set up Governments/Union Territory Administrations w ith of the Directorate General consists of tw o ef fect from 01.11.1956 on c ost sharing bas is principal wings namely, Directorate of betw een Centre and States. Employment and Secretariat Wing.

23.4 Cost s haring by the Centre w ith the RESPONSIBILITIES State Governments to the extent of 60% of the cost of the establishment w as continued up to EMPLOYM ENT DIRECTORATE 31.03.1969, after which the scheme w as  Plans and formulates programmes for discontinued, based on the decision taken by the expansion and dev elopment of National National Development Council in May, 1968. Employment Servic e in consultation w ith 23.5 With each s uccessive Five Year Plan, State Gov ernments. there has been expansion of the activities of the  Coordinates the w ork of Employment Employment Servic e and Training Serv ice in the Serv ice in States/UTs.

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 Conducts training programmes and  Employment Exchanges (Compulsory develops staff training material for the Notif ication of Vacanc ies ) A ct, 1959 and Employment Servic e personnel. Rules made there under.

 Carries out periodic programme of INFRASTRUCTURE AVAILABLE FOR evaluation of policies, procedures and EMPLOYMENT SERV ICE working practices of Employment Exchanges in the States w ith a view to WITH STATE GOV ERNMENTS;- assessing and advising the State Governments on the progressive  997 Employ ment Exchanges [including 42 development of the serv ice and to ensure Special Employment Exchanges for that National policies, standards and Differently Abled (Handicapped)] throughout proc edures are effectiv ely implemented. India as on January 2016.

 Collec ts and dis s eminates Employ ment  38 Special Cells f or persons w ith disability Market Information and prescribes uniform are functioning in normal Employment reporting proc edures f or the organized Exchanges in various States as on January sector and Employment Exchanges. 2016

 Co-ordinates Vocational Guidance and  The State Directorates of Employment are Career Counselling Services rendered generally located in the State Capitals. through Employment Exchanges and Univ ers ity Employment Inf ormation and WITH CENTRAL GOV ERNMENT: Guidance Bureaux (UEIGBx) to the unemployed youth for choosing and planning  21 National Career Service Centres for their c areer suited to their abilities and skills. Dif ferently A bled (erstw hile VRCs) out of w hich one Centre at Vadodara is exclusively  Evaluates residual capabilities of physic ally for w omen w ith disabilities. challenged persons and provides them adjustment training in order to facilitate their  25 National Career Service Centres for economic rehabilitation. Scheduled Castes/Scheduled Tribes(erstw hile CGCs)  Establishes coordination and consultation w ith the Ministries of the Government of India  National Institute for Career Service (NICS) w hose activities affect the employment (ers tw hile CIRTES) located at NOIDA (U.P.) situation in the country.  Central Employment Exchange under  Provides Vocational Guidance and organizes Directorate of Employment at New Delhi Confidence Building Programmes for SC/ ST job seekers. HIGHLIGHTS

 Formulation of National Employment Policy. EMPLOYMENT SERV ICE STATUTORY PROVISIONS 23.9 The role of DGE is to coordinate and 23.8 The statutory provision implemented by oversee the employment generation taking place State Government is:- in the country through the National Employ ment

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Serv ice in India. The netw ork of Employ ment 23.13 Features of National Employm ent Service has ex panded from 18 Employment Service Exchanges in 1951 to 997 Employment Exchanges as on January 2016.  National Employment Serv ice cov ers all the States and Union Territories except the State 23.10 A key role played by the Employ ment of Sikkim. Exchanges is to motivate and guide the  Day to day administration of the Employment unemployed y outh for taking up self-employ ment Exchanges is under the control of respective ventures in view of limited number of w age paid State Governments/UTs. jobs. In 22 selec ted Employ ment Exchanges,

Spec ial Cells for Promotion of Self-Employ ment  It has a netw ork of 997 Employment have been w orking. Exc hanges.

23.11 As on 31-10-2015, 409 Vocational  As a part of administrativ e functioning, data Guidance Units in Employ ment Exchanges and are collected through Employment 76 University Employment Information and Exc hange Statistical Returns, each return Guidance Bureaux (UEIGBX) w ithin the University covering a specific field of activity like Campuses have been func tioning in the country registration, placement, etc . w ith different to render Vocational Guidance and Employ ment periodicity. Counselling to job-seekers.  As a part of Employment Market Information NATIONAL EMPLOYMENT SERVICE Programme, data are c ollec ted from the Organised Sector (all public sector INTRODUCTION establishments and all non-agricultural private s ector establishments w ith 10 or 23.12 Policies, standards and procedures for more w orkers) on employ ment, vacanc ies, the National Employment Service are laid dow n oc cupational and educ ational pattern of by the Central Government in consultation w ith employees, etc. in ER-I returns prescribed the State Gov ernments . A Working Group on under the Employment Exchanges National Employment Service comprising (Compulsory Notification of Vacancies) Act, representatives of the Central and State 1959 and Rules f ramed there under. The Governments facilitates this consultative process. establishments employing 10-24 w orkers in Meetings of the Working Group on National private sector are covered on voluntary Employment Service are held under the bas is. Chairmanship of Director General of 23.14 The employment s ervic e is the joint Employment, Ministry of Labour & Employment. concern of the Central and State Government and The meetings are attended by the State Labour DGE, Ministry of Labour& Employment is & Employ ment Secretaries /State Directors of responsible for policies, standards and Employment/other repres entatives and officers procedures to be follow ed by the employment of DGE. The Working Group considered various serv ices along w ith collecting of EMI, providing issues pertaining to National Employment Service VG and Employment counselling and placement and made necessary recommendations. of persons w ith disabilities. Policies , standards and procedures f or the National Employ ment

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service are laid dow n by the Central Government 23.17 Accordingly, an Inter-Ministerial in c onsultation w ith the State Governments . A Committee (IMC) has been constituted by Ministry Working Group on National Employment Service of Labour and Employment comprising key comprising of representatives of the Central and Ministries to deliberate on the contours of the Act. State Governments fac ilitates this consultative The Committee has recommended its repeal and proces s. The Working Group c onsidered v arious introduction of a policy framew ork for the National issues pertaining to National Employment Service Career Services (NCS) w ith the direction that the and made necessary recommendations. implementation of the NCS policy may be closely monitored s o that a decision can be taken on the 23.15 To c onv ert the National Employ ment necessity of formulating an act in future. It w as Serv ice into a National Career Servic e, Ministry further dec ided by the IMC to let the existing Act of Labour & Employment, constituted a Working continue in its ex isting form till NCS stabilises. Group c omprising repres entatives from State Governments, Employers’ Associations and other PERFORMANCE OF NATIONAL stake holders during Nov ember, 2013. The f irst EMPLOYMENT SERV ICE meeting of the s aid w orking group w as held on 3rd Dec ember, 2013. A fter elaborate discuss ions 23.18 The details of the netw ork of 997 and careful cons ideration of various aspec ts, Employment Exchanges as on January 2016 are inc luding improving utility, ac c es s ibility and given in Table 23.18. The main activities of the efficiency of the Service, the recommendations Employment Exchanges are registration, w ere approved by the Govt. laying the foundation plac ement of job seekers, career counselling & for the NCS. vocational guidance and collection of employment market information. EMPLOYMENT EXCHANGES # Table- 23.18 (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959.  Total number of Employment 997 Exchanges (as on January 23.16 The Employment Exchanges 2016*), includes the follow ing : (Compulsory Notification of Vacancies) Act, 1959 provides for compulsory notification of vacancies  University Employment 76 and submis sion of employment returns (ER-I) by Information and Guidance employers to the Employment Exchanges. It Bureaux (UEIGBx) applies to all establishments in the Public Sector  Profess ional and Executive 14 and such establishments in the Private Sec tor Employment Exchanges engaged in non-agricultural activities and employing 25 or more w orkers. Enf orcement of  Special Employment Exchanges 42 the Act is the responsibility of the States and Union for the Physically Handicapped Territories. The amendments proposed to the Act  Special Employment Exchange 01 w ere deliberated on by the Parliamentary for Plantation Labour Standing Committee on Labour and the * Total Number of Employme nt Exchanges as committee have recommended that the Act be on January 2016. comprehensively amended to make the f unctioning of Employ ment Exchanges more relevant to the needs of society. The matter is being examined in the Ministry.

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23.19 The performance of Employment numbers of job-seekers (12.16 lakh) w ere Exchanges as on 30-12-2016 is given below : registered in Tamil Naku follow ed by 6.28 lakh in # Table 23.19 Maharasthtra, 6.21 lakh in Kerala, 5.93 lakh in Uttar Pradesh and 4.47 lakh in Gujarat (In Lakh) Category No. of No. of No. of 23.21 Place ment: Job- job- job- seekers seekers seekers Out the 4.06 lakh job-seekers that got employment Registered Placed on the Live through the employment exc hanges, 0.60 lakh Register w ere w omen. The maximum placement made w as 3.30 lakh in Gujarat during the same period. Men* 37.03 3.46 276.45 Women* 22.57 0.60 157.31 23.22 Live Regis ter:

Total* 59.60 4.06 433.76 Out of total number of 433.76 lakh job seekers * Provisional: Data after 2016 is under process. on Live Register, 276.45 lakh job s eekers are men and 157.31 lakh job seekers are w omen. Salient features of registration and The highest number job seekers w ere in West placement in Employment Exhanges. Bengal follow ed by Tamil Nadu.

23.20 Registr ation: 23.23 Year-w ise registration, placement, vacancies notified, submissions made and Live Out of total number of 59.60 lakh job seekers Register f or the period 2006-2016 are given in rgistered during 2016, 37.03 lakh job s eekers Table No. 23.23 w ere men and 22.57 lakh w ere w omen. Maximum Table 23.23 (Nos. In Thousands) Year Employment Registration Placement Vacancies Submission Live Exchanges, notified made Register UEIGBx $ (1) (2) (3) (4) (5) (6) (7) 2006 947 7289.5 177.0 358.2 3029.5 41466.0 2007 965 5434.2 263.5 525.8 3666.1 39974.0 2008 968 5315.9 305.0 570.8 3344.0 39112.4 2009 969 5693.7 261.5 419.5 2589.3 38152.2 2010 969 6186.0 505.4 706.9 3747.1 38818.5 2011 966 6206.3 471.5 819.7 5142.9 40171.6 2012 956 9722.2 427.6 682.8 2982.2 44790.1 2013 956 5969.4 348.5 510.7 3002.1 46802.5 2014 978 5957.2 338.5 762.0 4220.4 48261.1 2015 978 6939.4 395.0 810.3 4307.6 43502.7 2016*(as on 997 2773.2 171.8 587.7 1957.4 44463.2 30-06-2016)

*Prov isional: Data after 2016 is under process

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CENTRAL EMPLOYMENT EXCHANGE, Agricultural Machine Operatives), self-employed DEL HI or independent workers, part-time w orkers, Defence Forces, Indian Missions abroad, 23.24 The Central Employment Exchange, establishments employing less than 25 w orkers DGE located at 3/10 Jam Nagar Hous e, New Delhi in the metropolitan cities of Mumbai and Kolkata under M/o Labour and Employment is responsible and tiny s ector establishments (employing less for Advertisement of vacancies of Government than 10 w orkers). The Employment Exchanges Establishments in the pay scale of Rs.1400-2300 (Compulsory Notification of Vacancies) Act, 1959 (lev el-5 as per s eventh pay commiss ion pay makes it obligatory on the part of employers to scale). A s per revised procedure laid dow n by render Employment Return (ER-I). DoPT all the vacanc ies notified to CEE as per EE (CNV) Act. 1959 are to be advertised in EMPLOYMENT ASSISTANCE TO SPECIAL Employ ments New s by Central Employ ment CATEGORIES Exchange (CEE). From January 2018 to December, 2018, 36 vacancies notified by various 23.27 Employment Service, as in the pas t, Ministries / Departments w ere advertised in the continued making efforts to cater to the special Employment New s published by DAVP. It covers needs of vulnerable sections like Women, 04, 03, 01, and 28 vac ancies for SC/ST/OBC/ Scheduled Castes / Scheduled Tribes, persons General (including horizontal reservation) w ith disabilities and differently abled Ex- respectively. In addition to this, suc h vacancies serv icemen job-s eekers. Details of programmes are also to be placed at National Career Service on v ulnerable sec tion are giv en in Chapter 24. (NCS) Portal vide instruction issued by DoPT in November, 2016. NATIONAL CAREER SERVICE

EMPLOYMENT MARKET INFORMATION 23.28 The Ministry is implementing the National PROGRAMME (EMI) Career Service (NCS) Project as a Mission Mode Project for transformation of the National SCOPE, COVERAGE AND LIMITATION Employment Servic e to prov ide a v ariety of employment related services like career 23.25 The Employment data in the organized counseling, vocational guidanc e, information on sector is collected under the Employment Market skill development courses, apprenticeship, Information (EMI) Programme w hich is prov ided internships etc. the statutory base by the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 23.29 The Mission Mode Project on NCS w as and Rules framed there under. The EMI appraised and approved in December, 2013 w ith th programme now ex tends to all the States/Union an outlay of Rs. 148.70 crore in the 12 five year Territories. The programme covers all plan. To give shape to the Government’s intention es tablishments in the Public Sector and non- of establishing Career Centres, the project outlay agric ultural es tablishments employing 25 or more w as upw ardly appraised, in November, 2014 for workers in the Private Sector. The an outlay of Rs 292.20 c r. The scope of project es tablishments employ ing 10-24 w orkers are w as further increased to include the inter-linking covered on a voluntary basis. of employment ex changes and organiz ing of job fairs on regular basis w ith an enhanc ed outlay of 23.26 The EMI Programme, how ev er, does Rs.348 crores during the 12th Five Year Plan. In not cover employment in the agricultural order to continue the sc heme during 14th Finance establishments (other than Plantation and Commis sion Cyc le (2017-2020) an outlay of

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Rs.478 crore has been approved. The approved proposes to create a netw ork of Career budget allocation for the project for the Financ ial Counselors w here the Career Centres w ill Year 2016-17 w as Rs 100 crores and during FY bec ome the hub of Career Counseling in their 2017-18 it w as rais ed to Rs.125 crore. The area. Under the process, 4377 Career allocation in BE 2018-19 w as Rs.109.80 crore. counsellors from v arious States/UTs have got registered on NCS Portal, out of w hich 418 are 23.30 The s ervic es under NCS are available delivering effective couselling services regularly.. online and c an be accessed direc tly, through Career Centres, Common Service Centres, Post 23.33 The NCS Portal als o provides an open Offices, mobile devices , cyber cafes etc. The architec ture f or partnering of institutions and various stakeholders on the NCS platform include organisations for delivery of career and job seekers, counsellors, employers, employment related s erv ices. The NCS Portal employment exchanges (career centres), training may develop spec ific pages to help categorise providers, educ ational institutions and plac ement and improve delivery of services in the focus organiz ations. areas or otherw ise. The partnering institutions w ill be provided appropriate space and links on the 23.31 The NCS Portal (NCSP) has been made NCS Portal to improve delivery of services on a functional at the URL (w w w.ncs.gov.in). The non-exclusivity bas is and be amenable to the portal w as dedicated to the Nation by Hon’ble monitoring systems. Ministry has engaged w ith Prime Minister of India on 20.07.2015 The NCSP several institutions and organisations to bring is s upported by a dedicated helpdes k (multi- more and more job opportunities to our w orkforce lingual) available from Tuesday to Sunday (8.00 w ith some of the leading organisations suc h as AM to 8.00PM) on 18004251514 f or ass isting Indian Staff ing Federation (ISF), Monster.com, users. It has a rich repository of career content Fres hers World, Firs t Job, Mera job. As per of over 3600 occupations under 52 sectors. The instructions iss ued by DoPT in November 2016, portal als o f acilitates organization of job fairs it is mandatory to place all Government vacancies where both employers and job seekers can (w hich are to be notified to Local Employment interact. The brief statistics of NCS Portal are Exc hange/Central Employment Exc hange) at given below : NCS Portal also.

NATIONAL CAREER SERVICE 23.34 A series of consultations w ith State Governments w ere held on various occasions for Sr. Parameters No. as the NCS project. Key Ministries, Ac ademia and st No. on 31 Indus try have been inv olv ed in designing the March,2019 framew ork of the National Career Service and 1. No. of active Job Seekers 1.07 crore Career Centres. Under the NCS, it is proposed to create Know ledge Repository of Career 2. No. of activ e Employers 9995 Couns elling c ontent, by digitiz ing the existing 3. Vacancies Mobilised 40.96 lakh Counselling literature and making it amenable for periodic updation by s takeholders and made 4. Job Fairs organised till 1199 accessible to various us ers. Feb., 2019 23.35 The NCS Project also envisaged setting 23.32 With the increased focus of up of Model Career Centres (MCCs) to be Government on Career Counseling, the Ministry established in collaboration w ith States and other

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institutions to deliver employment services. The training, portal management training, Start and Government has approved es tablishment of 107 Improve Your Business (SIYB) training etc. Model Career Centres (inc luding 7 non-funded MCCs) in the firs t phase. The MCCs envis age NATIONAL EMPLOYMENT POLICY creating a model centre for providing variety of employment services using technology. The 23.38 Minis try of Labour & Employment had Government provides financ ial assistanc e to forwarded a Cabinet Note seeking for these centres based on the proposals and implementation of National Employment Policy scheme guidelines. Thes e model centres can be in February, 2013. How ever, it w as advised to replicated by the States from their ow n resources. upsc ale and update the document. The Ministry The Government now, keeping in view the had subsequently entrusted the w ork of draf ting importance of employment as a thrus t area and the National Employment Policy to VVGNLI and to provide employment related services to w hile preparing the same, it emerged that the maximum job seekers and other stakeholders policy had w ide ramifications and required inputs has decided to es tablis h 100 more Model Career from various stake holders, Ministries, Centres (MCCs) thereby extending the Departmental trade unions, research institutions, geographical coverage of the scheme and State Governments etc . Acc ordingly, an Inter t h increasing the number of Gov ernment funded Minis terial Committee w as constituted on 13 MCCs to 200 during 14th Financ e Commis sion Marc h, 2014 and its first meeting w as conv ened th period (2017-2020). 39 MCCs have been on 4 April, 2014 and a concept note c irculated approved in the second phase. to s take holders to seek view s and suggestions. The draft policy has also been disc ussed w ith 23.36 The NCS Project has also been the State Ministers on 29.08.2014. Another brain enhanced to interlink 997 Employment storming session w as held on 04.06.2015 w ith Exchanges w ith NCS Portal and part f unding for key stake holders to dis cuss the contours of the up-gradation of Employ ment Exchange and for Proposed National Employment Policy. A meeting organising job fairs. So far 25 States/UTs have w as held on 1.07.2016 to disc uss the approach sent proposals and funds have been releas ed to papers on NEP. Based on the discus sion, follow 24 States/UTs. During 2018-19 (till March, 2019) up action is being taken. Subsequently, a meeting around 1323 job fairs have been organis ed w as also held w ith ILO delegations on 03.11.2017, under National Career Service (NCS) in w hich employment expert from ILO has given his 5,83,717 job Seekers participated and 2,51,535 observations/comments on draft approach paper candidates w ere shortlisted. of NEP w hich were sent to VVGNLI for comments/view s. V VGNLI have provided their 23.37 In a parallel exercise, the Ministry has view s on these comments/observations w hich initiated a programme for capac ity building of are being considered to decide the w ay forw ard. officers of the National Employment Service and Draf ting of the National Employment Polic y is Young Profes sionals being deputed at Model under proc ess. Career Centres under a multi-pronged strategy of orientation, refresher and specialized training Pradhan Mantri Rojgar Protsahan Yojana in the area of National Career Services. Over, 3000 (PMRPY) officers hav e been trained on various modules of National Career Services like career counseling 23.39 Pradhan Mantri Rojgar Protsahan Yojana (PMRPY) w as launc hed on 9th August,

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2016 w ith the objective to incentivis e employers NATIONAL CAREER SERVICE CENTERS FOR for creation of new employment. Under the SC/STs (NCSCs -SC/STs) scheme, Government of India is paying Employer’s full contribution i.e. 12% (or admissible from time to time) tow ards EPF and EPS both f or a period of three years to the new employees through EPFO. The scheme is targeted f or employees earning upto Rs. 15,000 per month and als o aims to bring a large number of inf ormal w orkers to the formal w orkforc e. The terminal date for registration of beneficiary through establishment is 31st March, 2019.

23.40 Initially, Government w as paying 8.33% EPS contribution of the employer for all sec tors 23.43 Twenty Fiv e NCSCs for SC/STs have in respect of these new employees. The benefits been set up in 25 States. Confidence Building of the scheme w ere also extended to the Tex tile Programmes are organised and Vocational Sector under Pradhan Mantri Paridhan Rojgar Guidance is provided to SC/ST job seekers Protsahan Yojana (PMPRPY) for made-ups and through these centres. Besides, the fac ilities for apparels s ector w here the Government w as prac ticing Typing and Shorthand are provided to paying additional 3.67% EPF contribution of the SC/ST job seekers in 14 such Centres. These employer in respect of these new employees thus Centres have also been arranging Pre- bringing the total incentive to 12%.The scope of Recruitment Training programmes for SC/ST the scheme w as enhanced w .e.f.1.4.2018 w ith candidates to improve their employability in the approval of CCEA to provide the benefit of full competitive ex aminations c onduc ted by Staff 12% employers contribution for all sectors. Selection Commiss ion and other Rec ruitment 23.41 This scheme has a dual benefit, w here, Boards for Group ‘C’ and equivalent posts. Details on the one hand, the employer is incentivised for on NCSC-SC/STs are given in c hapter 24. increasing the employment base of w orkers in NATIONAL CAREER SERVICE CENTERS FOR the establishment, and on the other hand, a large DIFFERENTLY ABLED (NCSC-DA) number of w orkers w ill find jobs in such es tablishments. A direc t benefit is that these 23.44 Twenty One NCSC for Differently Abled workers w ill have access to social security (ers tw hile VRCs) have been functioning in the benefits of the organized sector. All the country, out of w hich, one Centre at Vadodara benef iciaries under this scheme are Aadhaar has been set up exc lusively for w omen w ith Seeded. disabilities . Thes e Centres evaluate residual capacities of persons w ith disabilities and provide 23.42 Till 31st March, 2019 total benefit of Rs. them adjustment training and skill training w ith a 4394.70 Crore has been given to view to integrate them in the economic 1,45,512 Establishments c overing 1,18,05,003 mainstream and make them productive citizens Beneficiaries under (PMRPY). of the country. These Centres play pro-ac tive role in creating public aw areness and community participation in the rehabilitation of people w ith

208 Annual Report 2018-19

disabilities. To synergize the link betw een demand and s upply of skilled w orkforce, the Government has es tablis hed 5 Model Career Centres f or w elf are of PWDs in NCSCs f or DA. The Centres focus on career counselling as key activities for youth w ith disabilities to pursue skill enhancement courses that the market drive. The officers of the NCSC-DA are being trained on professional couns elling techniques . Outreac h counselling sessions and job-fairs are a key activity in these career Centres. Details on NCSC-DA s is given in Chapter 24. 23.47 TRAINING ACTIVITIES

23.45 Plac ement serv ice to the diff erently  Nine Capac ity Building Programmes for abled Ex-servicemen/Border Security Force Employment Officers on Career Counselling personnel and their dependents is provided w ere c onducted at NICS, NOIDA during April through an Ex-servic emen Cell set up in DGE to September, 2018 in collaboration w ith (Hqrs.). For further details please refer to para Indian Institute of Foreign Trade (IIFT). In total 24.15 of chapter 24. 226 Employment Officer attended the above training programmes. NATIONAL INSTITUTE FOR CAREER SERV ICE  One training programme for officers of National Career Service Centre for 23.46 The National Institute for Career Differently abled (Erstw hile VRC) and Service [(erstw hile Central Institute for Research National Career Serv ice Centre for SC/ST and Training in Employ ment Service (CIRTES)] (Erstw hile CGC) on National Career Service Noida is a national lev el training ins titute of Portal (NCSP), Gov ernment e-Marketing Directorate General of Employment under M/o (GeM), Direct Benefit Trans fer (DBT) and Labour and Employment and is responsible for Management Information System (MIS) imparting training to Of ficers of Employ ment organised at NICS, NOIDA during 11th June Serv ic e. NICS has been declared as Nodal to 14th June, 2018. Institute f or Capacity Building under National Career Service Project w hich is a mission mode  Ref resher training programme for sec ond projec t of M/o Labour and Employment. As a and third batch Young Professional Nodal institute for capacity building NICS is conducted from 20-08-2018 to 21-08-2018. responsible for imparting training to all stakeholders of NCS project. NICS is also playing 23.48 NATIONAL CAREER SERVICE major role in implementing the Young ACTIVITIES AT NICS Professional Scheme of M/o Labour and Employment and coordinating the ac tiv ities of  Aw areness programme on National Career Service project conducted for Youth Model Career Centers es tablished at various parts of country under NCS project. Volunteers of Nehru Yuva Kendra.

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 Aw areness programme on National Career  Organiz ed Job Fairs in collaboration w ith Service project conducted for trainees of State Government at Baghpath in the month International Training Programme of of March, 2018. VVGNLI, NOIDA.  Organiz ed Job Fairs in collaboration w ith  Implementation of Young Professional State Government at Modinagar in the month Scheme of National Career Service Project. of July, 2018.

 Young Profess ional pos ted at NICS are regularly attending various activities of National Career Service viz.

o National Career Service portal improvement and data analy tics

o Collecting the data of Job Fairs conducted by various MCCs

o Dev eloping outreach programmes for w idening the netw ork of s takeholders like indus try as sociations, educational and training institutes, s kill providers etc.

o Content development for training programmes

o Interacting w ith social media to improve the visibility of National Career Service

o Coordination of Model Career Centre activities

23.49 ACTIVITIES ORGANISED BY MODEL CAREER CENTRE OF NICS, NOIDA

MEGA JOB FAIRS

 Organized one Job Fair in the c ampus of NICS on 20-07-2018.

210 Annual Report 2018-19

JOB DRIVES

ORGANISED FOLLOWING JOB DRIVES IN THE CAMPUS OF NICS, NOIDA

S. Job Fair Date Venue No 1 Job Fair f or 10th /12th Pass Candidates 12-Sep-2018 NICS Noida 2 JOB FAIR FOR SALES OFFICER WITH ICICI BA NK 17-Oct-2018 NICS Noida 3 Job Drive for Graduates 20-Sep-2018 NICS Noida 4 JOB Drive for Bajaj Capital 13-Aug-2018 NICS Noida 5 Job Fair @ National Institute For Career Service Noida 21-June2018 NICS Noida 6 Job Fair @ National Institute For Career Service Noida 22-June 2018 NICS Noida 7 Placement Drive For Commerce Passouts 11-May -2018 NICS Noida 8 Plac ement Drive for BCA/B.E/B.Tech (CS/IT) at NICS, Noida 2-May -2018 NICS Noida 9 Plac ement Drive for BE/BCA/B.Tech (CS/IT) at NICS, Noida 12-April-2018 NICS Noida INITIATED AND MONITORED FOLLOWING JOB DRIV ES 1 JOB FAIR FOR BAJA J CAPITAL NEW BRANCH AT 26 & 27 Oct Bajaj Capital ETAWAH 2018 Etaw ah Branch 2 Job Drive f or ICICI Bank (sales profile ) 29-Oct-2018 NCSC f or SC ST Delhi 3 Job Drive for Bajaj Capital( Kolkata Branch ) 23-Oct-2018 Bajaj Capital Kolkata 4 JOB FAIR FOR BAJA J CAPITAL NEW BRANCH AT 23 & 24 Oct- Bajaj Capital ETAWAH 2018 Etaw ah Branch 5 Job Drive for Bajaj Capital( Kolkata Branch ) 8-Oct-2018 Bajaj Capital Kolkata 6 JOB Drive for Bajaj Capital f or Sonipat Branch 10-sep-2018 IGNOU regional centre sonipat

EMPLOYABILITY TRAINING PROGRAMM ES

 TCS Employability Training for Job Seekers from 7th June to 27th June,2018,  TCS Employ ability Training for Job Seekers from 01-08-2018 to 21-08-2018,  TCS Employ ability Training for Job Seekers from 24-09-2018 TO 18-10-2018.

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CHAPTER-24 EMPLOYMENT ASSISTANCE TO SPECIAL CATEGORIES

24.1 Employment Service, as in the past, success of the scheme, it was extended to continued making efforts to cater to the special another nineteen States in a phased manner. At needs of vulnerable sections like Women, present, tw enty fiv e National Career Service Scheduled Castes / Scheduled Tribes, persons Centres f or SC/STs are functioning in tw enty five w ith disabilities and differently abled Ex- States/Union Territories one each at Delhi, serv icemen job-seekers. Jabalpur, Kanpur, Chennai, Hyderabad, Thiruvananthapuram, Kolkata, Jaipur, Ranchi, NATIONAL CAREER SERVICE CENTRES FOR Surat, Aizaw l, Bangalore, Imphal, Hissar, Nagpur, SC/STs. Bhubaneshw ar, Guw ahati, Mandi, Kohima, Jow ai, Jammu, Jalandhar, Naharlagun, Puduc herry & 24.2 Coaching-cum-Guidance Centres for SC/ Vishakhapatnam. The NCSCs at Jow ai & ST (now called NATIONA L CAREER SERVICE Vishakhapatnam are in the proc ess of being CENTRES FOR SC/STs) w ere establis hed by made functional. Directorate General of Employment & Training(now Directorate General of In addition, fourteen of these Centres prov ide Employment), Ministry of Labour & Employment, facilities for training in Shorthand and Typing. The Govt. o f India. These Centres provide serv ices physical achievements of various National Career to SC/ST job seekers registered with Service Centres during 2018-19 are given below : Employ ment Exc hanges f or enhanc ing their employability through coaching, couns elling and ACTIVITY NO. OF related training programmes. Some of the CANDIDATES programmes organiz ed by these Centres c over COVERED confidence building, individual guidanc e, mock Registration Guidance 39846 interv iew s, training in typing, shorthand and computer, etc. The main objec tives of the CGCs Pre-Submiss ion Guidance * 4962 Scheme are:- Confidenc e Building Programme 18529 i) To render vocational guidance and career Training in Typing and shorthand 11923 related information; Pre-Recruitment Training (PRT) 3106 ii) To c hannelize educated SC/ST job-seekers registered with the Employment * Guidance given to candidates before submission of Exchanges in appropriate vocations; and their candidature to the respective employer for Selection /Interview. iii) To increase their employability through coaching/training/guidance. These Centres:

The scheme w as launched in 1969-70 in 4  Prov ide employment related coaching-cum- Centers on a pilot basis . Keeping in view the guidance to SC/ST applicants.

212 Annual Report 2018-19

 Provide information on job requirements and  Guided by the benefits derived f rom the the type of tests/interview s they are likely to above Special Coaching Scheme, the face w hen called by the employers. scheme has been extended to tw enty one more places at Kanpur, Kolkata, Bangalore,  Take up appropriate follow up action w ith the Hyderabad, Ranchi, Surat, Guw ahati, employers to ascertain the results of Imphal, Hisar, Jabalpur, Chennai, submission against res erved vacanc ies. Thiruvanathapuram, Jaipur, Bhubaneshw ar, Mandi, Nagpur, Delhi, Jammu. Jalandhar  Undertake job development w ork besides Kohima & Naharlagun. providing occupational information/ vocational guidance & counselling and  Till 2018-19, 19144 SC/ST candidates have organising Confidence Building successfully completed the Special Programmes for job-seekers. Coaching.

 Prov ide fac ilities to SC/ST job-seekers for SCHEME FOR PROVIDING COMPUTER practicing shorthand and typing at the above TRAINING TO SC/ST JOB SEEKERS Centres except National Career Service REGISTERED WITH EMPLOYMENT Centres located at Aizawl, Hissar, EXCHANGES Bhubaneshw ar, Guw ahati, Mandi, Kohima, Jow ai, Jammu , Jalandhar, Naharlagun& 24.4 This scheme w as launched from Vis hakhapatnam. February 2004, w ith a view to prov ide Computer Training to SC/ST educated job seekers  Arrange from time to time, Pre Recruitment regis tered w ith the Employ ment Exc hanges Training Programme f or SC/ST c andidates through outsourc ing of training facilities . The to improve their employability through training of six months duration w as arranged at competitive examinations conduc ted by the Bangalore, Bhubanesw ar, Chennai, Delhi, Staf f Selec tion Commission, etc . for group Guw ahati, Hissar, Hyderabad, Jaipur, Jabalpur, ‘C’ posts in collaboration w ith various Kolkata, Nagpur, Surat, Kanpur, employing authorities and recruiting Thiruvananthapuram, Ranchi & Mandi w as agencies. coordinated by respective National Career Service Centre for SC/STs under DGE located 24.3 SALIENT FEATURES OF SPECIAL at these places. It w as observ ed that six month COACHING SCHEME FOR SC/STs Computer Training Cours e w as not of much help to the candidates to provide employability in view  A Special Coaching Scheme to prepare SC/ of changing demands in the Labour Market. From ST candidates for competitive examinations/ the year 2009-10 it w as therefore, decided to selection tests for Group ‘C’ pos ts is being impart one year ‘O’ Lev el Computer Training to operated through NCSC f or SC/STs. 1000 SC/ST candidates through DOEACC

 The coaching is of 11 months duration and Society under the Department of Information the trainees are paid stipend besides free Technology w hich has been started w.e.f cours e books and limited s tationery. The 03.08.2009. In addition to the above said places, coaching institutes are paid prof ess ional the training is also being imparted at Jammu, charges f or imparting c oac hing to SC/ST Jalandhar, Imphal & Kohima w .e.f 03.08.2009. candidates. 17960 SC/ST candidates w ere admitted & provided training under the ‘O’ level one year

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computer training (softw are) through National Career Service Centers (NCSCs) for SC/STs and Institute of Electronics & Information Technology Establishment of new NCSC in the States not (NIELIT) till June, 2018, and the next batch has covered s o far “. started w.e.f July 2018 w ith a seating capacity of 1500 SC/ST jobseekers at 21 NCSCs for SC/ Benefits provided to SC/ST trainees through STs. Dire ct Bene fit Transfer (DBT) (Scheme “0586’’) 24.5 The one year ‘O’ level Computer Hardw are Maintenance Training w as also started 24.7 At present 25 NCSC for SC/STs w.e.f 01.08.2012. 7350 SC/ST candidates w ere (erstwhile CGC for SC/St) are being run to admitted & provided training till July, 2018 and next enhance the employability of educated SC/ batch has been started w.e.f August, 2018 w ith a ST job-seekers registered with the seating capacity of 700 SC/ST candidates at 19 employm ent Exchange s through Coaching/ NCSCs f or SC/STs. Training/Counseling etc. 21 NCSC-SC/STs are c ov ered under DBT Sc heme cov ering 3500 Physical Progress dur ing 2018-19 ar e given beneficiaries in three sub schemes i.e., (1) as under:- Spec ial Coaching Scheme (1300 Benef iciaries), (2) Computer ‘O’ Level Training Softw are Course Name of Programme Achievements (1500 Beneficiaries) and (3) Computer ‘O’ Level (No. of Computer Hardw are Maintenance Training (700 candidates) Beneficiaries). The stipend is paid @Rs.1,000/- Special Coaching 1300 per trainee per month through DBT w.e.f. 01- Scheme 07-2017 subject to minimum 80% attendance during a particular month. A total of Rs 3.01 Crore ‘O’ Level one y ear 1500 (FE) w as allotted f or s tipend and expenditure Computer Training incurred w as 97.17% of the budget i.e., Rs.2.92 ‘O’ Level one y ear 700 Crore in FY 2018-19. Computer Hardw are SCHEDULED CASTES/ SCHEDULED Maintenance TRI BES 24.6 Allocation of Rs.22.00 crore has been 24.8 Performance of Employment made during 2018-19 for the s cheme namely Exc hanges in res pec t of Sc heduled Cas te/ “Welf are of SC/ST jobseekers through coac hing, Scheduled Tribe and Other Bac kw ard Class job- Guidance and Vocational Training and seekers during 2010 onw ards is indic ated in Introduction of new courses in existing National Table 24.1 below .

214 Annual Report 2018-19

Table 24.1

(in lakh)

Category Activity 2011 2012 2013 2014 2015* SCHEDULED CASTE Registration 8.82 12.75 10.25 7.66 8.05 Placement 0.30 0.31 0.32 0.22 0.27 Live Regis ter 66.82 71.66 72.92 76.44 70.57 SCHEDULED TRIBE Registration 3.23 3.71 3.44 3.48 3.83 Placement 0.20 0.19 0.21 0.24 0.29 Live Regis ter 24.04 24.31 24.87 24.17 25.47 OTHER BA CKWA RD CLA SS Registration 17.00 22.77 18.33 14.85 15.77 Placement 0.22 0.19 0.23 0.10 0.11 Live Regis ter 105.76 116.71 114.14 121.34 114.04

* Provisional. Note: figures are reported calendar year wise

NATIONAL CAREER SERVICE CENTERS FOR view to integrate them in the economic DIFFERENTLY ABLED (NCSC for DA) mains tream and make them produc tiv e citizens of the country. 24.9 The Ministry of Labour & Employment is committed to the implementation of the provisions  These centres play pro-active role in creating of the Rights of Persons w ith Disabilities A ct, public awareness and community 2016. The Directorate General of Employment participation in the rehabilitation of persons (DGE) has been regularly co-ordinating and w ith disabilities. supporting Ministry of Social Justice & Empow erment (Minis try of SJE), w hich is the  During 2017-18 these Centres have Nodal Ministry for the w elfare of people w ith registered 32254, ev aluated 32155, and dis abilities. rehabilitated 11759, Persons with Disabilities.  Twenty one National Career Service Centers for Differently Abled (NCSC-DA) (Erstw hile  During 2018-19 these Centres have Vocational Rehabilitation Centre) are registered 31592, ev aluated 31466 and functioning, out of w hic h, one Centre at rehabilitated 11721 Persons with Vadodara has been set up exclusively for Disabilities. w omen w ith disabilities.  To s ynergize the link betw een demand and  These centres evaluate the residual supply of skilled w orkforce, the Government capacities of People w ith Disabilities and has established 5 Model Career Centres at prov ide them non formal skill training w ith a NCSC–DAs. The Centres role inter-alia, is

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to focus on career couns elling as a key abled in action, against the v acancies reserved activity for youth w ith disability and to pursue for ex-servicemen and earmarked for priority market driv en skill enhancement c ours es. categories, an Ex-Servicemen Cell w as set up Besides this, outreach counselling s essions in the Direc torate General of Employment & and job fairs are the key activities in these Training in July, 1972. Subsequently, the s cope Career Centres. of the special service w as also extended for the benefit of Ex-Servicemen differently abled during Benefits provided to Differently Abled peace time as w ell as dependants of the Defence trainee s through DBT (Scheme 3468) Serv ice Personnel killed or sev erely differently abled in peace time provided that the death or Stipend to Candidates under Scheme of dif ferently abled w as attributable to military Vocational Rehabilitation Centre for serv ice, w ith eff ect from Feb, 1981. During the Handicapped (VRCs) year 2018 (Jan to Dec) 42 diff erently abled Ex- Servicemen and dependents w ere registered for 24.10 In order to enhance the employability Employment Assistance. of Pw D candidates registered w ith NCSC-DAs, non formal job oriented skill training is being SERVICES TO PERSONS WITH DISABILITIES imparted at NCSC-DAs. The max imum duration THROUGH EMPLOYMENT EXCHGANGES: of non formal voc ational training programme in NCSC-DAs is 12 months depending on the 24.12 The Employ ment Servic e has been module, nature and degree of disabilities of making special eff orts to cater to the special individual PwD. To encourage the PwDs to needs of Differently Abled job seekers, purs ue the vocational training in NCSC-DAs and perf ormanc e of w hich for the last fiv e years is minimize their commutation and sundry given as under ;- expenditures, a stipend scheme has been launched w .e.f December, 2017. Initially, the Performance of Employm ent Exchange s in scheme w as launc hed in 6 centres. The stipend respect of Persons with Disabilities Job- @ Rs.2500/- per trainee per month is paid to the Seekers Pw Ds undergoing training subjec t to minimum 80% of the attendanc e in a particular month. The (In thousands) stipend scheme w as extended to all the 21 centre w.e.f 2018-19. A total sum of Rs 1.28 crore w as Year Registration Placements Live alloc ated for stipend out of w hich about Rs. 1.26 Register crore w as disbursed to the trainees of NCSC- 2010 57.0 3.2 664.2 DA s during 2018-19 w hich is 97.8% of total allocation. 2011 63.2 3.3 687.3 2012 54.1 2.1 715.2 ASSISTANCE TO DIFFERENTLY ABLED EX- SERV ICEMEN AND DEPENDANTS 2013 30.5 1.9 717.3 2014 28.4 1.7 698.2 24.11 In order to prov ide placement serv ices to the Differently A bled Ex-Servic emen/Border 2015* 42.1 2.8 689.0 Security Force Pers onnel and the dependants of Def ence Serv ic e Pers onnel/Border Sec urity * Provisional Force personnel killed or sev erely dif ferently

216 Annual Report 2018-19

SPECIAL EMPLOYM ENT EXCHANGES FOR & Empow erment.These are in addition to the DEFFERNTLY ABLED: Spec ial Cells/Units opened f or the diff erently abled applicants at the Employment Exchanges 24.13 Although, Employment Exchanges by v arious State Governments. under the National Employ ment Servic e are generally responsible for the placement of 24.15 The performance of the Special differently abled, Special Employment Exc hanges Employment Exchanges is given in the follow ing w ere also set-up for their selective placement. table: These exc hanges attempt at sec uring f or the diff erently abled the mos t satis fy ing f orm of Year 2012 2013 2014 2015* employ ment suitable to their residual physic al Registration 13606 5653 3251 4434 and mental potentialities. As on January, 2016, there w ere 42 Special Employment Exchanges Placement 237 249 61 147 for differently abled and 38 w ere Special Cells Live Regis ter 102687 94657 96251 93197 dealing w ith differently abled persons. WOM EN 24.14 Thirty Eight Special Cells for the differently abled w ith a Special Placement Officer 24.16 Year-w ise performance of Employment attached to the normal Employment Exchanges Exchanges in respect of w omen job-seekers is and funded by the Central Government hav e so given below (Table 24.2) far been set up by the Ministry of Soc ial Jus tice

Table 24.2 (In Thousands)

Year Registration Placement Live Re gister Total Live % Of Live Regis ter Of Women Register Of Women To Total Live Re gister 2006 2537.4 31.3 11781.0 41466.0 28.4 2007 1835.5 46.5 12001.5 39974.0 30.0 2008 1756.1 51.9 12328.2 39114.9 31.5 2009 1989.9 53.4 12404.7 38152.2 32.5 2010 2005.4 107.1 12924.1 38818.5 33.3 2011 2122.6 85.7 13694.8 40171.6 34.1 2012 3511.0 67.8 15645.8 44790.1 34.9 2013 2233.2 58.7 16549.1 46802.5 35.4 2014 2189.4 60.8 17078.3 48261.1 35.4 2015 2532.7 59.9 15540.0 43502.7 35.7 2016* 2256.8 59.7 15731.4 43376.1 36.3

* Provisional: Data after 2016 is under process and the figures are reported calendar year wise.

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M INORITIES adjustment training and render assistance in Vocational 24.17 In order to have full integration of Rehabilitation through National minorities in all aspec ts of national life, the State Career Service Centres Governments have been advised to ensure that (NCS Cs) fo r DA no discrimination is made against minority communities in matters of regis tration and in 3 National Career Service (NCS) 38.70 sponsoring names by Employment Exchanges. Project The State Governments have also been adv ised 4 Pradhan Mantri Rojgar 3499.27 to c reate monitoring cells to w atch the progress Protsahan Yojana of minorities in the matter of their registration and placement and to instruct the Employment Exchanges to organize mobile Employment Note on National Caree r Service Exchange Registration Camps in minority conc entration areas. The Ministry is implementing the National Career Service (NCS) Project as a Mission Mode In all there w ere 60.5 lakh job-seekers on the Live Project for transformation of the National Registers of Employment Exchanges belonging Employment Servic e to prov ide a v ariety of to the minority communities at the end of employment related services like career December 2015 (Provisional). These account for counselling, vocational guidanc e, inf ormation on 13.9% of total job-seekers on the Liv e Regis ter. skill development courses, apprenticeship, internships etc. For details please refer to Chapter 24.18. The details of the Budget Estimates of 23. the Schemes of Employ ment Directorate for Financial y ear 2018-19 are given in Table-24.17 Category Financial Year 2018- 2019 below : (1st April ’18 to 31st March’19) Table-24.17 Active Job seeker Vacancies S. Schemes unde r Employment Expenditure Registrations Mobilised No. Directorate 2018-19 SC/ST 937004 149940 (Rs. in crore) Women 1199739 96875 Schemes/Programmes A PWD 3939 8170 1 “Welfare of SC/ST jobseekers 17.44 through coaching, Guidance Total 4320651 1687801 and Vocational Training and Introduction of new courses in existing National Career Service Centres (NCSCs) for SC/STs and Establishment of new NCSCs in the states not covered so far”.

2 To evaluate residual 7.75 capacities, providing

218 Annual Report 2018-19

CHAPTER-25 GENDER BUDGETING

(a) WELFARE OF SC/ST candidates belonging to these categories. These Coac hing-c um-Guidance Centres hav e been The Scheme includes Coac hing-cum Guidance inv olved in Pre-Rec ruitment Training Courses Centre for SC/ST to provide confidence building, for various Nationalize Bank and agenc ies. training programmes and vocational guidance for (Rupees in Crore)

Progr amme Expected Gender component Total Public Public Expenditure on Gender D isag gregated outcomes / of Pr ogr amme/sub Expenditure 2017- 18 Women/Gir ls (2017-18) Benefi ciar ies (extent of Objective Progr amme (Plan & Non-Plan) benefits to women) (2017-2018) Tar gets Plan Non- Total Plan Non- Total and Performance Plan Plan number of female beneficiaries/physical/ fi nancial others Welfar e of SC/ST To enhance the The programme is 11.28 6.99 18.27 5.30 3.29 8.59 81383 j obseeker s empl oyabi lity of both for men and throug h SC/ST job women unemployed (Women) coaching, seeker s thr ough educated j ob beneficiari es Guidance and Coaching, seekers. 47%) Vocational Guidance & Training and Vocational Introducti on of Training new courses in existing Coaching -cum-Guidance Centres (CGCs) for SC/STs and Establishment of new CGCs in the states not covered so far.

(b) A GENDER BASED ANALYSIS(GBA) STATEMENT OF PUBLIC EXPENDITURE AND NUM BER OF BENEFICIERIES DURING 2017-18 (Rupees in Crore)

Progr amme Expected Gender component Total Public Expenditure Total Publi c Expenditure Gender D isag gregated outcomes/ of Pr ogr amme/sub (R s.) 2017-18 (Rs.) on Women/Gir ls Benefi ciar ies (extent of Objective Progr amme (Plan & Non-Plan) (2016-17) (Plan & Non-Plan) benefits to women) (2016- 17) Targets and Plan N on- Total Plan Non- Plan Total Per formance number of Plan femal e beneficiar ies / physical / financi al other s Assi stance to To evaluate residual The benefici ari es 13.90 16.44 30.34 5.21 17.79 23.00 21322 physi call y capacities,pr ovidi ng ar e both men ( women handi capped adjustment tr aini ng and women. beneficiari es 28%) and r ender assistance i n Vocational Rehabili tati on.

219 Mini stry of Labour & Employment

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'5I it ~ \Jill d Ministry of Labour & Employment Government of India Website : http://www.labour.nic.in