Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
7
7.1 The Government has provided the social l The Iron Ore, Manganese Ore and Chrome
security cover to most of the workers in the orga- Ore Mines Labour Welfare Fund Act,
nized sector through the Employees Provident Fund 1976;(IOMC)
Organization (EPFO) and Employees State Insur-
l The Beedi Workers' Welfare Fund Act, 1976;
ance Corporation (ESIC) within the legal framework.
and
However, no such social security cover has been
provided to the workers in the unorganized sector l The Cine Workers' Welfare Fund Act, 1981.
who constitute 93% of the total work force. The
7.4 The Acts enable the Central Government to
concept of Labour Welfare Fund was, therefore,
meet the expenditure incurred in connection with
evolved in order to extend a measure of social as-
measures and facilities which are necessary or ex-
sistance to workers in the unorganized sector. To-
pedient to promote the welfare of such workers. In
wards this end, separate legislations have been en-
order to give effect to the objectives laid down in
acted by Parliament to set up five Welfare Funds to
the above Acts, various welfare schemes have been
be administered by Ministry of Labour & Employ-
formulated and are under operation in the fields of
ment to provide housing, medical care, educational
Health, Social Security, Education, Housing, Rec-
and recreational facilities to workers employed in
reation and Water Supply.
beedi industry, certain non-coal mines, and cine
workers. 7.5 Reputed and Recognized private hospitals
have been identified to provide specialized treatment
7.2 The scheme of Welfare Funds is outside the
to the mine/beedi/cine workers in respect of heart,
framework of specific employer and employee re-
kidney and cancer diseases on credit basis to en-
lationship in as much as the resources are raised by
able the beneficiaries to get the costly treatment with-
the Government on a non-contributory basis and
out paying anything in advance to the hospitals.
delivery of welfare services affected without linkage
Welfare Commissioners under the Labour Welfare
to individual worker's contribution. Welfare funds,
Organization have been delegated powers for reim-
which follow a sectoral approach, are in addition to
bursement of medical claims upto Rs.2.00 lakh. The
a large number of various other poverty alleviation
amount of monetary compensation for family wel-
and employment generation programmes, which fol-
fare operation (vasectomy / tubectomy) has been
low a regional approach and for which most of these
raised from Rs.200/- to Rs.500/-. Financial assis-
workers are eligible.
tance for purchase of spectacle has been enhanced
LABOUR WELFARE FUNDS from Rs.150/- to Rs.300/-. Financial assistance has
also been enhanced for the following activities:-
7.3 The Ministry of Labour & Employment is ad-
ministering five Welfare Funds for beedi, cine and Ø Celebrations of the three National Festival -
certain categories of non-coal mine workers. The from Rs.1000/- to Rs.2500/-
Funds have been set up under the following Acts of
Ø Organizing and celebrating social events (7 func-
Parliament for the welfare of these workers:-
tions) from Rs.7000/- to Rs.14000/- i.e.
l The Mica Mines Labour Welfare Fund Act, Rs.2000/- per celebration.
1946;
7.6 The Revised Integrated Housing Scheme, 2005
l The Limestone and Dolomite Mines Labour (RIHS, 2005) was intended to relieve, to some ex-
Welfare Fund Act, 1972;(LSDM) tent, the housing shortage mainly among the BEEDI
WORKERS. Welfare Commissioners of respec-
ANNUAL REPORT 2007-08 71
Ministry of Labour & Employment
71
tive Regions had earlier been supervising and moni- 7.7 Under the amended scheme, the worker con-
toring erstwhile Integrated Housing Schemes of this tribution of Rs.5,000/- would be deposited only af-
Ministry, which was modified w.e.f. 25th May, 2005, ter the administrative approval granted by this Min-
wherein, powers were delegated to the State Gov- istry and not at the time of submitting the applica-
ernments for the purpose of implementation, moni- tion. The 1st installment of Rs.20,000/-, as advance
toring and supervision. An Evaluation Committee subsidy, would be released only after receipt of
was constituted in June, 2006 to review this arrange- worker's contribution. The other terms & conditions
ment. On the basis of recommendation of the Com- in the scheme would remain unchanged, except that
mittee, it was concluded that major objectives have the subsidy would be released by the Director Gen-
not been achieved. Consequently, with the concur- eral Labour Welfare (DGLW) on 50:50 basis, in two
rence of the Union Finance Ministry (Department of installments to (a) Welfare Commissioner of region
Expenditure), it was decided, that for the purpose concerned in case of construction of a house by the
of execution, supervision and effective monitoring / worker individually or by the Cooperative Society
control of this Scheme also, the implementing agency for construction of houses under Group Housing
will be the Director General Labour Welfare, Min- Scheme (GHS); and (b) to the State Government
istry of Labour & Employment through the Welfare concerned for construction of houses under Eco-
Commissioner of the region concerned. The con- nomically Weaker Section (EWS) component of the
cerned Welfare Commissioner would identify the scheme. The 1st installment of subsidy of Rs.20,000/
eligible Beedi Workers, collect and scrutinize their - per tenement, as advance subsidy, would be re-
applications, and send the proposal, along with de- leased by the DGLW at the time of grant of admin-
tails of eligible workers in the prescribed checklists, istrative approval for the purpose of construction of
to the Director General Labour Welfare (DGLW), the house till the roof level. The balance of 50%,
Ministry of Labour & Employment, Government of i.e. 2nd Installment of Rs.20,000/- of the total sub-
India, New Delhi for grant of administrative approval sidy would be disbursed when 50% progress, i.e.
for uniform central subsidy of Rs.40,000/- per ten- construction reaching on roof level is reported to
ement per worker for construction of a house by an the DGLW for the purpose of completion of con-
Individual Beedi Worker and/or by the Co-opera- struction in all respects. Details of houses sanctioned
tive Society for construction of Group Housing during last three years under the Revised Integrated
Colony for workers and from the State Govern- Housing Scheme (RIHS) are as under:
ments concerned for proposal received under the
Financial Year No. of houses
Economically Weaker Section (EWS) for con-
sanctioned
struction of houses for Beedi Workers. The
amended scheme, effective from 1st April, 2007, 2005-06 10,862
has been approved by the Ministry of Finance and 2006-07 18,750
is termed as Revised Integrated Housing Scheme, 2007-08 10,675
2007 (RIHS-2007). The benefits of the scheme (upto 16.11.2007)
would also be available to the Non-coal Mine
Workers engaged in the Iron Ore Mines, Manga- 7.8 In addition, under the Type I and Type-II Hous-
nese Ore Mines & Chrome Ore Mines (IOMC) ing Schemes for mine workers, mine managements
and Limestone Ore Mines, Dolomite Ore Mines are granted subsidy at the rate of Rs.40,000/- and
(LSDM) and Mica Ore Mines, under their respec- Rs.50,000/- respectively per dwelling units or 75%
tive Workers Welfare Funds. of the actual cost of construction, per tenement,
Table 7.2
WELFARE FUNDS
COLLECTION AND EXPENDITURE
(Rupees in crore)
*********
Table 9.2
Year Incidence of Bonded Labour reported
1997-1998 6000
1998-1999 5960
1999-2000 8195
2000-2001 5256
2001-2002 3929
2002-2003 2198
2003-2004 2465
2004-2005 866
2005-2006 397
2006-2007 197
20076-2008(upto 31.10.2007)
2007-2008 88
*************
ANNUAL REPORT 2007-08 81
Ministry of Labour & Employment
81
82 ANNUAL REPORT 2007-08
Ministry of Labour & Employment
82
CONTRACT LABOUR
10
10.1 In India, contract labour generally refers to 10.6 Based on the recommendations of the
workers engaged by a contractor for the user enter- Board, the Central Government has prohibited em-
prises. It is a significant and growing form of em- ployment of contract labour in the establishment of
ployment. These workers are millions in number and Food Corporation of India in the depots of Kaktur,
are engaged mainly in agricultural operations, plan- Nellore (AP) and Ratnagiri (Maharashtra) in the jobs
tation, construction industry, ports & docks, oil fields, of loading, unloading, stacking destacking,
factories, railways, shipping, airlines, road transport restacking, standardization, weighment, sweeping
etc. and cleaning.
10.2 The Contract Labour (Regulation and Abo- 10.7. Every establishment and contractor, to whom
lition) Act, 1970 was enacted to protect and safe- the Act applies, has to register itself/obtain a license
guard the interests of these workers. It applies to for execution of contract work. The interests of
every establishment/ contractor in which 20 or more contract workers are protected in terms of wages,
workmen are employed. It also applies to establish- hours of work, welfare, health and social security.
ments of the Government and local authorities as The amenities to be provided to contract labour in-
well. clude canteen, rest rooms, first aid facilities and other
basic necessities at the work place such as drinking
10.3 The Central Government has jurisdiction
water etc. The liability to ensure payment of wages
over establishments like Railways, Banks, mines etc.
and other benefits is primarily that of the contractor,
and the State Governments have jurisdiction over
and, in case of default, that of the principal employer.
units located in that state.
10.8. Exemption from applicability of the provi-
10.4 The Advisory Boards of the Central Gov-
sions of the Act or the rules made thereunder is
ernment and the State Governments comprising rep-
grunted to an establishment or contractor in case of
resentatives of Government, employers and work-
emergency.
ers advise the respective Governments on matters
arising out of the administration of the Act, as are 10.9 In the Central sphere, the Central Industrial
referred to them, particularly on the question of abo- Relations Machinery (CIRM) headed by Chief
lition of contract labour system in establishments. Labour Commissioner (Central) and his officers have
been entrusted with the responsibility of enforcing
10.5. The Central Advisory Contract Labour
the provisions of the Act and the rules made there-
Board is a statutory body, tripartite in constitution
under. A Statement indicating enforcement action
and quasi-judicial in nature. Its re-constitution is
taken is given in the Table 10.1.
under process. Four meetings of the Board were
held during the period under report and the last (70th)
meeting was held on 16th October, 2007 at New
Delhi.
01. The Beedi & Cigar Provision of crèches for the benefit of women workers
workers (Conditions of in the industrial premises wherein more than fifty
Employment) Act, 1966. female employees are ordinarily employed.
02. The Plantation Labour Provision of crèches in every plantation wherein fifty or
Act, 1951. more women workers (including women workers
employed by any contractor) are employed or where the
number of children of women workers (including
women workers employed by any contractor) is twenty
or more.