INDIAN LABOUR YEAR BOOK 2011 AND 2012 GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT LABOUR BUREAU SHIMLA/CHANDIGARH PREFACE The 59th issue of Indian Labour Year Book 2011 and 2012 covers eleven subjects viz., Employment and Training, Wages and Earnings, Family Income and Expenditure Surveys and Consumer Price Index Numbers, Industrial Relations, Labour Welfare, Industrial Housing, Health and Safety, Labour Administration, Labour Legislation, Agricultural/Rural Labour, India and the International Labour Organisation. In addition, it also contains a brief account of the content and titles of various publications of Labour Bureau, list of important Labour Acts (Central and State), Conventions & Recommendations adopted by the International Labour Conference as well as those ratified by India, list of various journals on labour related issues published in India, a bibliography of the publications of various Organisations, Departments, Ministries and Autonomous Bodies in the field of labour. The information contained in this issue throws light on the various welfare programmes and policies launched and implemented by the government for the welfare of labour class in the field of health, education, employment, housing, social security and other incidental benefits that have been extended to labourers working in the organized as well as the unorganized sectors. It is hoped that this publication would be useful to all the users interested in labour matters. Various Central and State Government agencies have played an important role in bringing out this publication by supplying data on various facets of labour. Labour Bureau expresses its gratitude for the support and cooperation extended by them in bringing out this publication. I also place on record my appreciation in equal measure for the efforts made by the officers and staff engaged in bringing out this issue. Suggestions for improvement are welcome. DALJEET SINGH DIRECTOR GENERAL Labour Bureau Shimla/Chandigarh Dated: 16.03.2015 2 CONTENTS CHAPTER 1 EMPLOYMENT AND TRAINING 1. 2. 3. 4. 5. 6. Employment Employment Services and Recruitment Training Absenteeism Labour Turnover Women and Child Labour Pages 11 21 25 29 32 36 CHAPTER 2 WAGES AND EARNINGS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Manufacturing Industries Mines Plantations Transport and Communications Central Government Employees Employees Covered under the Minimum Wages Act, 1948 Wages of Agricultural Labour Occupational Wage Survey Index Numbers of Wage Rates Productivity Labour Cost 40 54 57 58 58 59 59 64 66 70 70 CHAPTER 3 FAMILY INCOME AND EXPENDITURE SURVEYS AND CONSUMER PRICE INDEX NUMBERS 1. 2. Family Income and Expenditure Surveys Consumer Price Index Numbers 74 77 CHAPTER 4 INDUSTRIAL RELATIONS 1. 2. 3. 4. 5. Trade Unions Industrial Disputes Machinery for the Prevention and Settlement of Industrial Disputes Consultative Machinery Workers, Participation in Management and Workers‘ Education 89 102 110 112 112 CHAPTER 5 LABOUR WELFARE 1. 2. 3. 4. Activities of the Government of India Activities of the State Government and Union Territories Welfare Work by the Employers Welfare Work Under Statutory Welfare Funds 3 114 114 117 120 CHAPTER 6 INDUSTRIAL HOUSING 1. 2. 3. 4. Urban Housing Development Housing Schemes of the State Governments Housing for Workers in Major Industries Rural Housing Schemes 122 124 124 126 CHAPTER 7 1. 2. 3. HEALTH AND SAFETY Health of Industrial Workers Industrial Injuries Industrial Safety 127 134 135 CHAPTER 8 LABOUR ADMINISTRATION 1. 2. Central Machinery State Machinery 138 146 CHAPTER 9 1. 2. 3. 4. 5. 6. 7. 8. 9. LABOUR LEGISLATION Factories: The Factories Act, 1948 Mines: The Mines Act, 1952 Plantations: The Plantations Labour Act, 1951 Transport: (a)The Railways Act, 1989 (b)The Dock Workers‘ (Regulation of Employment) Act, 1948 (c )The Merchant Shipping Act, 1958 (d)The Motor Transport workers‘ Act, 1961 Shops and Commercial Establishments: The Shops and Commercial Establishments Act (Central and State Acts) Industrial Housing Safety and Welfare Wages and Bonus: (a)The Payment of Wages Act, 1936 (b)The Minimum Wages Act, 1948 (c ) The Payment of Bonus Act, 1965 Social Security: (a)The Workmen‘s Compensation Act, 1923 (b)The Employees‘ State Insurance Act, 1948 (c)The Employees‘ Provident Funds and Miscellaneous Provisions Act, 1952 (d)The Maternity Benefit Act, 1961 (e)The Payment of Gratuity Act, 1972 4 147 151 152 155 155 156 156 159 162 162 163 163 165 166 167 169 171 176 10. 11. 1. 2. 3. Industrial Relations: (a) The Trade Unions Act, 1926 (b)The Industrial Employment (Standing Orders) Act, 1946 (c)The Industrial Disputes Act, 1947 Miscellaneous: (a)The Children‘s (Pledging of Labour) Act, 1933 (b)The Child Labour (Prohibition and Regulation) Act, 1986 (c)The Collection of Statistics Act, 2008 (d)The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 (e)The Apprentices Act, 1961 (f)The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (g)The Contract Labour (Regulation and Abolition) Act, 1970 (h)The Equal Remuneration Act, 1976 (i)The Bonded Labour System (Abolition) Act, 1976 (j)The Sales Promotion Employees‘(Conditions of Services) Act, 1976 (k)The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (l)The Emigration Act, 1983 (m)The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the Building and Other Construction Workers Welfare Cess Act, 1996 CHAPTER 10 AGRICULTURAL/RURAL LABOUR Agricultural/Rural Labour Rural/ Agricultural Labour Enquiries Socio-economic Welfare of Rural Labour 176 177 183 183 184 185 186 186 187 187 188 188 188 189 189 190 191 193 199 CHAPTER 11 INDIA AND THE INTERNATIONAL LABOUR ORGANISATION 200 CHAPTER 12 LABOUR BUREAU PUBLICATIONS 216 APPENDICES 1. 2. 3. List of Important Labour Acts List of Conventions and Recommendations adopted by the International Labour Conference, 1919-2012 Select Bibliography 5 221 225 234 CHAPTER 1 EMPLOYMENT AND TRAINING Generation of decent gainful employment is both a mean and an end of any just and equitable society. Lack of employment opportunity breeds poverty, deprivation and consequently creates ground for social unrest. It is, therefore, imperative to orient policies and programs for providing productive employment opportunities as the same is essential for achieving poverty reduction and sustainable economic and social development. During pre-reforms period, the Central and State Governments were looked upon as the major employers. However, with liberalization and privatization, the employment opportunities in the government sector started shrinking relatively and the onus of providing jobs was shifted to the private sector. The Central/State Governments do have a supportive role in the changed situation, which is to create conducive environment for accelerating the growth of decent employment and also selfemployment. The broad principle of inclusive growth which permeates all the policies of the Government has resulted in various innovative employment-generation programs, including some backed by legislation._ Scenario of Employment Growth: The Eleventh Plan aimed at bringing the overall unemployment down by generating new work opportunities exceeding the projected addition to the labour force. The results of NSS 66 th round (2009–10) indicate that 18 million new work opportunities were created on Current Daily Status (CDS) basis between 2004–05 and 2009–10. The unemployment in absolute terms came down by 6.3 million and the unemployment rate declined to 6.6 per cent in 2009–10 for the first time since 1993–94, after increasing to 7.31 per cent in 1999–2000 and 8.28 per cent in 2004–05. On Usual Principal and Subsidiary Status (UPSS) basis also, the unemployment rate declined to 2 per cent in 2009–10 from 2.3 per cent in 2004–05. The overall labour force expanded by just 11.7 million. The increase in labour force was lower compared to previous years. This, however, is a positive development as it can be attributed to higher retention of the young in schools and colleges, and also lower distress labour participation by working age women as family incomes improved in both rural and urban areas. Quantitative Dimensions of Employment: The quantitative dimensions of employment captures the trends in Labour Force, Work force at rural–urban, Male Female and sectoral level. Table 1.01provides the Labour Force (LFPR) and Work Force Participation Rates (WFPR) during the decade 1999–2000 and 2009–10. It emerges that the second half of the last decade witnessed the decline in LFPR in spite of increase in the population growth. Further it emerges that there has been decline in both rural and urban LFPRs and WFPRs during the second half of the decade. Female LFPR and WFPR show greater fluctuations particularly in rural India. The rise in female LFPR and WFPR during the first half of the decade might be the result of agricultural distress which depressed household income and pushed women into the labour force. Since all women entering the labour force did not get employment, the first half of the decade was also characterised by an increase in unemployment rate. In absolute terms, the first half of the decade experienced an increase of 20 million workers (238 million to 258 million) in agriculture. The slow growth in the labour force and hence in work force in second half of the decade may be due to rising participation in education by both male and female after the enactment of the Right to Education for 6–14 years old. Table 1.01 LFPR and WFPR by Usual Principal and Subsidiary Status, 1993–94, 2004–05 and 2009–10 (%) Persons LFPR, WFPR and Unemployment Rate of 1999–00, 2004–05 and 2009–10 by UPSS LFPR WFPR UR 1999-00 2004-05 2009-10 1999-00 2004-05 2009-10 1999-00 2004-05 2009-10 Rural 42.3 44.6 41.4 41.7 43.9 40.8 1.5 1.7 1.6 Urban 35.4 38.2 36.2 33.7 36.5 35 4.7 4.5 3.4 All 43 40 39.7 42 39.2 2.3 2 Source: NSS 55th, 61st and 66th Rounds. 6 Impact of Economic Slow down on Employment: In order to assess the impact of the global financial crisis on employment in the country, Labour Bureau conducted a quick survey in January 2009 covering a sample of 2581 units in the selected industries/sectors from 20 centres. The survey showed that over half a million people lost their job during the quarter October 2008 – December 2008. Most affected sectors were gems and jewellery and automobile where employment declined by 8.58% and 4.03% respectively. Since then (upto March, 2013) seventeen surveys have been conducted. The results of seventeenth quarterly survey (January – March, 2013) showed an overall increase in employment by 1.07 lakh during the period December, 2012 to March, 2013. At industry level the maximum increase is observed in the textile including apparels sector where the employment has increased by 0.40 lakh followed by 0.28 lakh in the IT/BPO sector, 0.13 lakh in gems & jewellery, 0.12 lakh in automobiles and 0.11 lakh in metal sector. In the direct category of workers, the employment has increased more rapidly than in the contract category of workers during the period March, 2013 over December, 2012. At overall level, 0.80 lakh increase in employment is visible in the direct workers during the quarter. Out of a total increase of 1.07 lakh employment at the overall level during the period March, 2013 over December, 2012, 0.81 lakh increase has been registered in the export oriented units. However, the net addition to the employment during the period March, 2013 over March, 2012 is 3.48 lakh at the overall level. Annual Employment Unemployment Survey: In order to fill the data gap for ascertaining the employment-unemployment scenario in the country, Labour Bureau has been entrusted the task of conducting Annual EmploymentUnemployment surveys. So far three such surveys have been conducted, reports prepared and released by the Labour Bureau. The first Nation-wide Employment and Unemployment survey with the coverage of 300 districts spread across 28 States/UTs was launched in April, 2010. About 46,000 household schedules were surveyed during the survey. A multi stage stratified systematic sampling technique was adopted for the survey. The report was released by the Ministry in November, 2010. The Second Employment-Unemployment Survey (EUS) was launched in July, 2011. In the second EUS survey all the districts in the 35 States/UTs of the country were covered. The sample size in the second EUS was 1.28 lakh household schedules. A multi stage stratified systematic sampling technique was adopted for the survey. The report was released in the month of July, 2012. The major findings of the report are given below: Table 1.02 Labour Force Participation Rate (LFPR), Worker Population Ratio (WPR) and Unemployment Rate (UR) based on all the four approaches at All India Level for 15 year & above (in percent) Approaches Usual Principal Status Approach(UPS) Usual Principal & Subsidiary Status Approach (UPSS) Current Daily Status Approach (CDS) Current Weekly Status Approach (CWS) LFPR 52.9 55.4 51.5 55.6 WPR 50.8 53.6 48.2 53.0 UR 3.8 3.3 6.3 4.6 The Third Employment-Unemployment Survey (EUS) was launched in October, 2012. In the third survey all the districts in the 35 States/UTs of the country are covered. The sample size in the third EUS is about 1.35 lakh household schedules. A multi stage stratified systematic sampling technique has been adopted for the survey. 7 Poverty Alleviation and Employment Generation Programmes: The government is following a focused approach through various flagship schemes in the areas of poverty alleviation and employment generation to achieve inclusive development. As the last exercise conducted in 2002 to identify people living in poverty in rural areas had several limitations, the Dr. N. C. Saxena Committee was constituted to advise on the methodology for conducting a below poverty line (BPL) census. Consequently, a Socio Economic and Caste Census (SECC) has commenced in June 2011 through a door-to-door enumeration across the country, which after due deliberation will form the basis of targeting beneficiaries under various socialsector progarmmes. Some important poverty alleviation and employment generation programmes are as follows: Mahatma Gandhi NREGA: This flagship programme of the government aims at enhancing livelihood security of households in rural areas by providing at least one hundred days of guaranteed wage employment in a financial year to every household whose adult members volunteer to do unskilled manual work with the stipulation of one-third participation of women. The MGNREGA provides wage employment while also focusing on strengthening natural resource management through works that address causes of chronic poverty like drought, deforestation, and soil erosion and thus encourage sustainable development. The MGNREGA is implemented in all districts with rural areas. At national level, with the average wage paid under the MGNREGA increasing from Rs.65 in FY 2006-7 to Rs.115 in FY 2011-12, the bargaining power of agricultural labour has increased as even private sector wages have increased as shown in many studies. Improved economic outcomes, especially in watershed activities, and reduction in distress migration are its other achievements. Wages under the MGNREGA are indexed to the consumer price index for agricultural labour (CPI-AL). While some initiatives have been taken recently, with better planning of project design, capacity building of panchayati raj institutions (PRIs), skill upgradation for enhanced employability, and reduction of transaction costs, gaps in implementation could be plugged to a greater extent and the assets so created could make a much larger contribution to increasing land productivity. National Rural Livelihood Mission (NRLM) - Aajeevika: The Swarnjayanti Gram Swarozgar Yojana (SGSY)/NRLM a self-employment programme implemented since April 1999 aims at lifting the assisted rural poor families (swarozgaris) above the poverty line by providing them income-generating assets through a mix of bank credit and government subsidy. The rural poor are organized into self-help groups (SHGs) and their capacities built through training and skill development. The scheme is implemented with active involvement of PRIs. Since the inception of the SGSY 42.05 lakh SHGs have been formed, of which approximately 60 per cent are women SHGs. Total investment under the SGSY is Rs.42,168.42 crore comprising Rs.28,824.53 crore as credit and Rs.13,343.89 crore as subsidy. Approximately 168.46 lakh swarozgaris have been assisted with bank credit and subsidy. The SGSY now restructured as the NRLM has been renamed Aajeevika and implemented in mission mode across the country since 2011. The main features of Aajeevika are: a) one woman member from each identified rural poor household to be brought under the SHG network, b) ensuring 50 per cent of the beneficiaries from SC/STs, 15 per cent from minorities, and 3 per cent persons with disability while keeping in view the ultimate target of 100 per cent coverage of BPL families, c) training for capacity building and skill development, d) ensuring revolving fund and capital subsidy, e) financial inclusion, f) provision of interest subsidy, g) backward and forward linkages, and h) promoting innovations. Swarna Jayanti Shahari Rozgar Yojana (SJSRY): The SJSRY launched on 1 December 1997 aims at providing gainful employment to the urban unemployed and underemployed, by encouraging them to set up self-employment ventures or creating wage employment opportunities. The scheme has been revamped w.e.f. April 2009. A total of 4,06,947 people have benefited from this scheme during 2012-13. 8 Working PopulationAccording to the Census of India, 2011, the workers (comprising of main workers and marginal workers) formed 39.79 per cent of the total population as against 39.10 per cent in 2001 census. Total population and the total number of workers, as revealed by the 2011 census, have been presented in Table 1.03. Table 1.03 Total Workers in India – 2011 Census Population/Workers Persons Male Female 1 2 3 4 Population Total Workers 1210569573 613121843 587447730 481743311 331865930 149877381 39.79 53.26 25.51 833463448 427632643 405830805 348597535 226763068 121834467 41.83 53.03 30.02 377106125 195489200 181616925 133145776 105102862 28042914 35.31 53.76 15.44 Percentage of Workers Population Rural Workers Percentage of Workers Population Urban Workers Percentage of Workers Source : Office of the Registrar General, India. Employment in the Organised Sector As per Economic Survey 2012-13, the total employment in organised sector (all Public Sector Enterprises and all Non-agricultural Enterprises in the Private Sector employing 10 or more workers) as on 31st march for the year 2003 to 2011 are given below: Year 2003 2004 2005 2006 2007 2008 2009 2010 2011 Employment (in crore) 2.70 2.64 2.65 2.70 2.73 2.75 2.82 2.87 2.90 Only a small percentage of the total workforce of the country is employed in the organized sector. Organised sector employment as on March 31, 2011 was 29.00 million of which 60.52 per cent or 17.55 million was in public sector. 9 Table 1.04 Employment in the Public Sector by Branch/ Industry (Lakh persons as on 31 March) Sl. No. 1 Industry / Branch 2 A. By Branch 2003 2004 2005 3 4 5 2006 2007 6 2008 2009 8 9 7 2010 2011 10 11 1 Central Government 31.33 30.27 29.38 28.60 28.00 27.39 26.60 25.52 24.63 2 State Governments 73.67 72.22 72.02 73.00 72.09 71.71 72.38 73.53 72.18 3 Quasi-Governments 59.01 58.22 57.48 59.09 58.61 57.96 58.44 58.68 58.14 4 Local Bodies 21.79 21.26 21.18 21.18 21.32 19.68 20.73 20.89 20.53 Total 185.80 181.97 180.07 181.88 180.02 176.74 177.95 178.62 175.48 B By Industry 1 Agriculture, hunting etc. 5.06 4.93 4.96 4.69 4.75 4.71 4.77 4.78 4.77 2 Mining and quarrying 8.47 10.30 10.14 11.46 11.37 11.21 11.12 11.03 10.90 3 Manufacturing 12.60 11.89 11.30 10.92 10.87 10.44 10.60 10.66 10.16 4 Electricity, gas and water 9.13 8.74 8.60 8.49 8.49 7.96 8.39 8.35 8.31 5 Construction 9.48 9.32 9.11 8.94 8.66 8.52 8.45 8.59 8.47 6 Wholesale and retail trade 1.82 1.81 1.84 1.82 1.78 1.65 1.74 1.71 1.70 7 Transport, storage & communication 29.39 28.15 27.51 26.75 26.37 26.34 26.01 25.29 30.84 8 Finance, insurance, real estate etc. 13.77 14.08 14.08 13.90 13.69 13.47 13.56 14.13 13.61 9 Community, Social & personal services 96.09 92.76 92.52 91.76 90.90 88.54 90.11 90.51 90.95 Total 185.80 181.97 180.07 178.73 176.88 172.84 174.75 175.05 172.71 Note: Industry-wise break-up not tally due to non-inclusion of data as per NIC 1998, information in respect of J&K, Manipur and Daman & Diu not included in 2011. Source : Ministry of Labour and Employment (DGE&T) ; Economic Survey 2012-13 Table 1.05 Employment in the Private Sector by Industry (Lakh persons as on March 31) 1 1 2 3 4 5 6 7 8 9 Industry 2 Agriculture, hunting etc. Mining and quarrying Manufacturing Electricity, gas and water Construction Wholesale and retail trade Transport, storage & Communication Finance, insurance, real estate etc. Community, Social & personal services Total 2003 3 8.95 0.66 47.44 0.50 2004 4 9.17 0.65 44.89 0.47 2005 5 9.83 0.79 44.89 0.49 2006 6 10.28 0.95 45.49 0.40 2007 7 9.50 1.00 47.50 0.50 2008 8 9.92 1.11 49.70 0.51 2009 9 8.96 1.15 51.98 0.64 2010 10 9.23 1.61 51.84 0.64 2011 11 9.18 1.32 53.97 0.70 0.44 3.60 0.45 3.51 0.49 3.75 0.55 3.87 0.70 4.10 0.69 2.72 0.80 4.72 0.91 5.06 1.02 5.46 0.79 0.81 0.85 0.87 1.00 1.04 1.32 1.66 1.89 4.26 4.58 5.23 6.52 8.80 10.96 13.11 15.52 17.18 17.56 17.92 18.20 18.78 19.50 21.73 20.23 21.40 23.50 84.21 82.46 84.52 87.71 92.40 98.38 102.91 107.87 114.22 Note: Coverage in construction, particularly on private account, is known to be inadequate Source : Ministry of Labour and Employment (DGE&T) ; Economic Survey 2012-13 10 Table 1.06 Estimates of Employment in Organised Public and Private Sectors by Sex (Lakh persons as on March 31) Year 1 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Male 2 168.49 168.80 168.66 167.94 168.31 166.55 166.04 164.57 162.79 158.86 156.75 153.07 150.86 151.85 149.84 146.34 147.04 146.66 143.77 Public Sector Female Total 3 4 24.77 193.26 25.65 194.45 26.00 194.66 26.35 194.29 27.28 195.59 27.63 194.18 28.11 194.15 28.57 193.14 28.59 191.38 28.87 187.73 29.05 185.80 28.90 181.97 29.21 180.07 30.03 181.88 30.18 180.02 30.40 176.74 30.91 177.95 31.96 178.62 31.71 175.48 Male 5 63.01 63.41 64.31 67.20 67.77 67.37 66.80 65.80 65.62 63.83 63.57 62.02 63.57 66.87 69.80 74.03 78.88 81.83 86.69 Private Sector Female Total 6 7 15.50 78.51 15.89 79.30 16.28 80.59 17.92 85.12 19.09 86.86 20.11 87.48 20.18 86.98 20.66 86.46 20.90 86.52 20.49 84.32 20.64 84.21 20.44 82.46 20.95 84.52 21.18 88.05 22.94 92.74 24.72 98.75 24.98 103.77 24.63 108.46 27.83 114.52 Public and Private Sector (Total) Male Female Total 8 9 10 231.51 40.26 271.77 232.21 41.54 273.75 232.97 42.28 275.25 235.14 44.26 279.41 236.08 46.37 282.45 233.92 47.74 281.66 232.84 48.29 281.13 230.37 49.23 279.60 228.40 49.49 277.89 222.71 49.35 272.06 220.32 49.68 270.00 215.09 49.34 264.43 214.42 50.16 264.58 218.72 51.21 269.93 219.64 53.12 272.76 220.37 55.12 275.49 225.92 55.80 281.72 228.49 58.59 287.08 230.39 59.54 289.99 Note (i) Includes all establishments in the Public Sector irrespective of size of employment and non-agricultural establishments in the Private Sector employing 10 or more persons. (ii) Excludes Sikkim, Arunachal Pradesh, Dadra & Nagar Haveli and Lakshadweep as these are not yet covered under the programme. Source : Ministry of Labour and Employment (DGE&T) ; Economic Survey 2012-13 1. EMPLOYMENT A. Factories The data on average daily employment in registered factories received from the State Chief Inspectors of Factories are compiled and disseminated by the Labour Bureau. The coverage is confined to factories as defined under the Factories Act, 1948, viz. (i) factories using power and employing 10 or more workers on any working day of preceding twelve months; (ii) factories not using power and employing 20 or more workers on any working day of the preceding twelve months and (iii) factories notified under Section 85 of the Factories Act by the State Governments/ Union Territories. State-wise data relating to the number of working factories and estimated average daily employment therein for the year 2009 & 2010 is given in Table 1.07. 11 Table: 1.07 Number of Working Factories and Estimated Average Daily Employment during 2009 & 2010 State/Union Territory 1 Andhra Pradesh Assam Bihar Chattisgarh Goa Haryana Himachal Pradesh Madhya Pradesh Maharashtra Manipur Meghalaya Nagaland Odisha Punjab Rajasthan Tamil Nadu Tripura Uttarakhand Uttar Pradesh Jammu&Kashmir West Bengal Jharkhand Karnataka Kerala Gujarat A&N Islands Chandigarh Delhi D&N Haveli Puducherry Total Note:- Number of working Factories 2009 2010 2 3 30827 31953 2759 3048 6941 7739 3569 720 713 10306 10519 .. .. .. .. 34118 34962 944 975 98 136 .. 519 2469 2595 17168 17318 11575 11849 29619 1626 1747 1743 .. 13577 .. .. .. .. 15453 .. 7182 .. .. 20715 .. 25004 42 472 472 8004 .. .. .. .. .. 143389 226087 Estimated average daily employment 2009 2010 4 5 953034 1023639 137432 150228 122475 138549 264706 64670 68273 737709 782590 .. .. .. .. 1531229 1683087 9249 10308 6030 8204 .. 9074 218424 264589 592839 615644 606115 569591 1499591 51620 58312 165305 .. 934139 .. .. .. .. 1160681 .. 389652 .. .. 772226 .. 1296035 5454 11179 12433 341556 .. .. .. .. .. 6488459 10777412 .. Not available Source: Annual Returns under the Factories Act, 1948. It may be seen from Table 1.07 that during 2009 & 2010 the total number of working factories was 143389 and 226087 with an estimated average daily employment of 6.5 million and 10.78 million respectively. The number of working factories and average daily employment were the highest in Maharashtra during 2009 and 2010. B. Mines The Director General of Mines Safety collects information pertaining to the number of persons employed in mines and quarries (except those specially exempted by the Central Government) statutorily under the Mines Act, 1952. All the persons covered under Section 2(b) of the Mines Act, 1952, whether employed permanently or on a temporary basis either directly or through contractor is included. 12 Average daily employment in mines (State-wise) for the years 2008 and 2009 has been presented in the Table No. 1.08. Table 1.08 Employment in Mines for the Years 2008 and 2009 State/ Union Territory 1 A & N Islands No. of Reporting Mines and Average Daily Employment 2008 2009 No. of Mines Employment (in ‗000) No. of Mines Employment (in ‗000) 2 3 4 5 2 100 1 58 341 68917 341 74335 1 392 2 475 Assam 29 11026 33 10568 Bihar 11 384 11 413 Chattisgarh 97 42390 98 42509 Goa, 91 6110 94 6688 135 17614 137 18778 Himachal Pradesh 37 1191 38 1160 Haryana 45 4494 42 4465 365 114437 374 115987 5 640 5 710 201 16223 214 15643 22 1851 20 1945 7 412 9 477 Madhya Pradesh 163 55964 162 53862 Maharashtra 133 35233 134 35370 Orissa 246 53175 240 55666 Rajasthan 252 22521 259 23495 Tamil Nadu 173 20808 182 21338 3 1007 3 1007 Uttrakhand 36 1888 36 1918 Uttar Pradesh 13 7095 13 7611 West Bengal 132 65203 136 63910 2540 549075 2584 558388 Andhra Pradesh Arunachal Pradesh Gujarat Jharkhand J&K Karnataka Kerala Meghalaya Tripura All India Source: Director General of Mines Safety, Dhanbad C. Plantations Labour Bureau collects statistics of employment in tea, coffee, rubber and other plantations under the Plantations Labour Act, 1951 from the concerned States/Union Territories. During the years 1998 to 2009 the employment data in various Plantations are given in Table 1.09. 13 Table 1.09 Employment in various Plantations during 1998 to 2009 Year 1 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Tea Coffee Rubber 2 8,94,932 8,52,675 9,03,024 3,22,004 6,65,554 6,15,195 6,91,026 6,26,093 4,21,582 6,10,115 7,13,931 7,20,315 3 28,333 26,137 29,249 31,237 22,769 21,872 14,712 21,641 18,282 18,640 21,741 19,975 4 22,092 18,831 26,556 28,164 29,329 30,789 23,934 25,804 25,997 18,433 17,143 19,534 Other Plantations (Cinchona,Cardamom, etc.) 5 5,649 4,488 6,784 7,557 2,534 5,524 3,797 3,834 3,195 6,387 5,268 5,262 Total 6 9,51,006 9,02,131 9,65,613 3,88,962 7,20,186 6,73,830 7,33,469 6,77,372 4,69,056 6,53,575 7,58,083 7,65,086 Note: The figures relate only to the Plantation Estates submitting returns and include adult male and female workers, adolescent and children. Source: Annual returns received under the Plantations Labour Act, 1951. D. Census of Central Government Employees Table 1.10 given below shows gradual changes that have taken place in the index of Central Government Employment from 1989 to 2009. Table 1.10 Trends in the Central Government Employment during the period 1989 to 2009 (All Employees) Year (as on 31st Central Government Employment Index of March of each year) Number (in Lakh) Percentage increase (+) Employment (Base:1971=100) decrease (-) over the previous available year 1 2 3 4 1989 37.48 1.32 138.87 1990 37.74 0.69 139.83 1991 38.13 1.03 141.27 1995 39.82 4.43 147.54 2001 38.76 (-)2.66 143.61 2004 31.64 (-)18.37 117.23 2006 31.16 (-)1.52 115.45 2008 31.12 (-)0.13 115.30 2009 30.99 (-)0.42 114.82 Source: Census of Central Government Employees, Directorate General of Employment and Training, New Delhi. (i) Department of Posts The Department of Posts created in January 1985, after the bifurcation of the erstwhile Posts and Telegraphs Department, has the total staff strength of 4.66 lakh (including Gramin Dak Sewak) as on 31st March, 2011. Out of which, 36188 and 14639 were scheduled caste and scheduled tribe employees respectively. 14 (ii) Department of Telecommunications The total number of staff employed in the Department of Telecommunications as on 31 st March, 2012 was 2230, including 376 scheduled caste and 111 scheduled tribe employees. (iii) Railways The Railway Board compiles the statistics pertaining to the number of persons employed in Railway. Table 1.11 shows that as on 31st March, 2011, there were 1328.0 thousand regular employees as against 1362.0 thousand as on 31st, March, 2010 showing a decrease of 34 thousand employees. Table 1.11 Year-wise and Group-wise Number of Personnel in the Railways Year Number of Staff as on 31st March (in thousands) 1 Groups A&B 2 Group C 3 Group D 4 Total 5 1950-51 1960-61 1970-71 1980-81 1990-91 2000-01 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2.3 4.4 8.1 11.2 14.3 14.8 15.0 15.4 15.8 16.1 16.4 16.7 16.8 223.5 463.1 583.2 721.1 891.4 900.3 873.7 883.9 906.6 907.5 913.3 926.5 1076.9 687.8 689.5 782.9 839.9 746.1 630.2 535.7 513.1 484.0 470.9 456.2 418.8 234.5 913.6 1,157.0 1,374.2 1,572.2 1,651.8 1,545.3 1424.4 1412.4 1406.4 1394.5 1386.0 1362.0 1328.0 Source: Indian Railways, Annual Report and Accounts, 2010-11. Management personnel (Groups A&B) make up 1.2% of the total strength, for the year 2009-10 and 1.3% for the year 2010-11, while Group C and D comprise 68.0% and 30.7%, respectively for the year 2009-10, 81% and 17.6% for the year 2010-11. Of the employees in Group C and D, 4.02 lakh (29.9%) are workshop employees and artisans for the year 2009-10 and 3.8 lakh (29.3%) for the year 2010-11. 9.42 lakh (70.04%) in 2009-10 and 9.2 lakh (70.7%) in 2010-11 form other categories including running staff. R.P.F. personnel totalled 53,151 in 2010 and 53,409 in 2011. Number of Scheduled Castes and Scheduled Tribes employees on the rolls of the Indian Railways as on 31.3.2010 and 31.3.2011 (category-wise) is given in Table 1.12. 15 Table 1.12 Category- wise Number of Scheduled Castes and Scheduled Tribes Employees in the Railways as on 31.3.2010 and 31.3.2011 Category 1 Group A Group B Group C Group D (excluding Safaiwalas) Group D (Safaiwalas) Total (excluding Safaiwalas) Grand Total Number of Scheduled Castes employees As on 31.3.2010 As on 31.3.2011 2 3 1,255 1,170 (14.5%) (13.22%) 1,264 1,141 (15.43%) (14.08%) 1,39,744 1,59,165 (15.02%) (14.75%) 62,553 39,366 (16.49%) (19.48%) 21,920 16,690 (54.60%) (49.43%) 2,04,816 2,00,842 (15.44%) (15.47%) 2,26,736 2,17,532 (16.59%) (16.33%) Number of Scheduled Tribes employees As on 31.3.2010 As on 31.3.2011 4 5 647 636 (7.47%) (7.18%) 509 506 (6.21%) (6.25%) 61,151 70,887 (6.57%) (6.57%) 26,648 16,855 (7.03%) (8.34%) 2,233 1,563 (5.56%) (4.64%) 88,955 88,884 (6.71%) (6.85%) 91,188 90,447 (6.67%) (6.79%) Note: - Figures in brackets indicate percentages to the total staff in the respective groups. Source:- Indian Railways, Annual Report and Accounts, 2010-11. (iv) Department of Road Transport and Highways Employment Statistics in respect of the Department of Road Transport and Highways is presented in Table No. 1.13. Table 1.13 The Total Number of Government Servants and Number of SCs and STs employees (As on December 2012) TECHNICAL Group Sanctioned Strength Group ‗A‘ Group ‗B‘ Group ‗C‘ Total 227 81 07 315 Group Sanctioned Strength Group ‗A‘ Group ‗B‘ Group ‗C‘ Group ‗D‘ Total Grand Total 64 229 256 36 585 900 Total No. of employees in position 172 48 04 224 SCs 24 09 01 34 % to Total employees in position 14.0 18.8 25.0 15.2 STs 13 04 0 17 % to Total employees in position 7.6 8.3 0.0 7.6 NON-TECHNICAL Total No. of employees in position 51 236 200 31 518 742 SCs 8 38 63 10 119 153 % to Total employees in position 15.7 16.1 31.5 32.3 23.0 20.6 STs 4 10 9 4 27 44 % to Total employees in position 7.8 4.2 4.5 12.9 5.2 5.9 Source: Annual Report, 2011-12, Department of Road Transport and Highways. 16 E. Port and Dock Labour Dock Labour Boards (DLBs) were set up under the Dock Workers‘ (Regulation of Employment) Act, 1948 at the major ports of Mumbai, Kolkata, Visakhapatnam, Cochin, Chennai, Mormugao and Kandla. The employment statistics pertaining to employees /workers etc. in respect of major Ports and Dock Labour Boards are presented in the tables 1.14, 1.15 and 1.16. Table 1.14 Employment in major ports as on 31st March 2003 to 2011 Maritime/State Kolkata Paradip Visakhapatnam Chennai Tuticorin Cochin New Mangalore Mormugao J.L Nehru Mumbai Kandla Ennore Total 2003 12621 3513 6227 11172 2963 4414 2220 3556 1820 22217 3929 17 89397 2004 11836 3407 5889 10329 2788 4353 2124 3385 1810 21480 3788 17 84920 2005 11099 3306 5550 8842 2589 3959 1985 3243 1791 19388 3574 21 65347 2006 10494 3158 5216 8582 2574 3849 1908 3135 1779 19682 3506 20 63903 2007 9931 3013 5208 9755 2407 4822 1862 3082 1766 14935 3414 45 60211 2008 9619 2910 5069 9065 2259 4306 1770 3018 1763 14481 4237 59 58556 2009 9489 2851 5052 8117 2224 4103 1819 2967 1746 14296 4149 65 56878 2010 9173 2761 4877 8020 2191 3948 1719 2891 1739 14059 4008 86 55472 2011 8678 2634 4584 7774 2079 3749 1636 2817 1730 13391 3774 88 52934 Table 1.15 Employment in non-major ports as on 31st March 2003 to 2011 Maritime/State Andhra Pradesh Tamil Nadu Pondicherry Karnataka Kerala Maharashtra Gujarat Goa A & N Islands Lakshadweep Daman & Diu Orissa Total 2003 109 110 79 99 316 173 2662 166 477 217 22 NA 4430 2004 62 73 79 76 257 165 2048 139 470 217 22 NA 3608 2005 66 89 75 105 121 154 1816 139 468 217 22 NA 3272 2006 57 68 75 109 121 154 1265 134 452 NA 22 NA 2457 2007 57 68 42 103 185 154 1743 133 447 NA 22 NA 2954 2008 69 62 33 55 191 153 1718 146 452 NA 22 118 3019 2009 269 60 59 146 175 130 1650 140 454 NA 22 118 3223 2010 269 60 59 145 175 84 1590 140 454 NA 22 118 3116 2011 269 51 66 145 195 84 981 141 448 NA 22 118 2520 Table 1.16 Number of Dock Worker as on 31st March 2003 to 2011 Major Ports Kolkata Dock System Visakhapatnam Mumbai Kandla Total 2003 1660 1473 NA 897 4030 2004 1353 1449 NA 862 3664 2005 1034 1386 NA 833 3253 2006 715 1360 NA 814 2889 17 2007 543 1322 NA 971 2836 2008 40 125 NA NA 166 2009 177 NA NA NA 1605 2010 140 978 NA NA 1477 2011 100 859 2586 789 4334 F. Shops and Commercial Establishments Employment data in respect of shops and commercial establishments, cinemas, theatres, hotels, restaurants, etc., are collected by the Labour Bureau under the State Shops and Commercial Establishments Acts and the Weekly Holidays Act, 1942 in the areas covered by the respective Acts. These Acts are applicable only to select urban areas of individual States/Union Territories and even for these areas, arrangements for collection of employment data are not uniform, regular and satisfactory in all the States/Union Territories. In many States, no statutory annual returns from the units are called for and the employment data are based either on figures furnished by the employers at the time of registration of the units or on the information collected specifically by Inspectors. The number of establishments and the number of persons employed therein during the years 1998 to 2009 is given in Table 1.17. Table 1.17 No. of Establishments & the number of employees therein during 1998 to 2009 Year 1 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 No. of Establishments (Shops, Commercial Establishments, Cinemas, Theatres, Hotels, Restaurants, etc.) 2 5,541,409 5,800,916 5,536,095 6,023,103 5,895,036 5,612,879 4,560,664 6,884,095 4,966,157 5,884,400 5,177,589 2,886,096 No. of persons employed 3 5,934,067 6,503,444 6,878,097 6,928,145 7,363,986 6,994,775 5,893,701 9,722,054 7,986,793 9,617,734 9,626,757 4,060,793 Note: Data relates to the responding States only. Source: Annual returns under the Shops & Commercial Establishments Act G. Employment in Un-organised Sector The term ‗unorganised worker‘ has been defined under the Unorganised Workers‘ Social Security Act, 2008, as a home based worker, self-employed worker or a wage worker in the unorganised sector and includes a worker in the organised sector who is not covered by any of the Acts mentioned in Schedule-II of Act i.e. The Employee‘s Compensation Act, 1923; The Industrial Disputes Act, 1947; The Employees‘ State Insurance Act, 1948; The Employees Provident Funds and Miscellaneous Provisions Act, 1952; The Maternity Benefit Act, 1961; and The Payment of Gratuity Act, 1972. As per the survey carried out by the National Sample Survey Organisation in the year 2009-10, the total employment in both organized and unorganized sector in the country was of the order of 46.5 crore. Out of this, about 43.7 crore were in the unorganized sector. Of which 24.6 crore workers were employed in agriculture sector, 4.4 crore in construction, and remaining were in manufacturing activities, trade and transport, communication & services. A large number of unorganized workers are home based and are engaged in occupations such as beedi rolling, agarbatti making, papad making, tailoring, and embroidery work. H. Agricultural Workers As per the survey carried out by the National Sample Survey Organisation in the year 2009-10, the largest segment of workers in the unorganised sector are agricultural workers (24.6 crore), who are extremely vulnerable to exploitation on account of their low level of literacy, low level of awareness, persistent social backwardness and absence of unionism and other forms of viable organisation. 18 I. Building and other Construction Workers Construction workers constitute one of largest categories of workers in the unorgnised sector. According to the National Sample Survey conducted by NSSO in 2009-2010, about 4.4 crore workers are employed in the construction activities. J. Migrant Workers Magnitude According to the 2001 Census, 314.54 million persons had changed their place of residence within the country and out of this, 29.90 million or 9 per cent left their place for work. In order to protect the rights and safeguard the interests of migrant workers, the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 was enacted. K. Women Workers Women form an integral part of the Indian workforce. As per Census 2011, the total number of female workers in India is 149.8 million comprising of 121.8 and 28.0 million in rural and urban areas respectively. Out of total 149.8 million female workers, 35.9 million females are working as cultivators and another 61.5 million are agricultural labourers. Of the remaining, 8.5 million are in household Industry and 43.7 million are classified as other workers. As per Census 2011, the work participation rate for women is 25.51 per cent as compared to 25.63 per cent in 2001. The work participation rate of women was however 22.27 per cent in 1991. The work participation rate for women in rural areas is 30.02 per cent as compared to 15.44 per cent in the urban areas. In so far as the organized sector is concerned, in March 2011, women workers constituted 20.5 per cent of total employment in organized sector in the country which is higher by 0.1 per cent as compared to the preceding year. As per the last Employment Review by Directorate General of Employment & Training (DGE&T), on 31st March, 2011, about 59.54 lakh women workers were employed in the organized sector (Public and Private Sector). Of this, nearly 32.14 lakh were employed in community, social and personnel service sector. The average daily employment of women in factories is given in Table 1.18. Table 1.18 Average Daily Employment of Women in Factories ('000) Year 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Total Employment (000) 5214.3 5208.7 5242.4 5494.2 4660.6 4683.4 4882.5 5169.6 4983.7 2194.5 3272.1 3330.4 2139.5 3554.0 3848.1 4373.0 3054.0 2628.4 2662.4 4713.7 Women's Employment ('000) 507.1 524.4 577.9 629.9 513.8 528.8 676.9 818.2 676.8 210.5 474.4 542.6 235.6 635.0 640.4 730.0 313.9 220.9 194.0 737.6 %age share of women in total employment 9.7 10.1 11.0 11.5 11.0 11.3 13.9 15.8 13.6 9.6 14.5 16.3 11.0 17.9 16.6 16.7 10.3 8.4 7.2 15.6 Source: Annual Returns under the Factories Act. 1948 received by the Labour Bureau 19 L. Child Labour As per 2001 census, the total number of working children between the age group 5-14 years in the country was 1.26 crore. However, as per NSSO survey 2009-10, the working children are estimated at 49.84 lakh as against 90.75 lakh in 2004-05. Table 1.19 State-wise Distribution of Working Children According to 2001 Census Sl.No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Name of the State/UT Andhra Pradesh Assam Bihar Gujarat Haryana Himachal Pradesh Jammu & Kashmir Karnataka Kerala Madhya Pradesh Maharashtra Chhatisgarh Manipur Meghalaya Jharkhand Uttaranchal Nagaland Orissa Punjab Rajasthan Sikkim Tamil Nadu Tripura Uttar Pradesh West Bengal A & N Islands Arunachal Pradesh Chandigarh Dadra & Nagar Haveli Delhi Daman & Diu Goa Lakhshadweep Mizoram Pondicherry Total Working children population. 1363339 351416 1117500 485530 253491 107774 175630 822615 26156 1065259 764075 364572 28836 53940 407200 70183 45874 377594 177268 1262570 16457 418801 21756 1927997 857087 1960 18482 3779 4274 41899 729 4138 27 26265 1904 1,26,66,377 Note:- Figures relates to workers of age group 5-14 years Source: Census of India, 2001 M. Home-based Workers In India, there is no authentic data on home based workers. However, it has been estimated that over 3 crore workers in the country are home based workers. Among these, 45 lakh workers are employed in beedi rollings, 65 lakh in handloom weaving, 48 lakh artisans and craft persons. The other major occupations of the home based workers are agarbatti makers, zari workers, papad makers, cobblers, lady tailors, carpenters, etc. 20 A.S.I. Data on Employment Labour Bureau compiles data on Employment collected under the Annual Survey of Industries conducted annually under the Collection of Statistics Act, 1953. The A.S.I. 2009-10 round data on employment is presented below: Table 1.20 Sector 1 All India Public Joint Private Average Daily Employment Directly Employed Contract Workers Men Women Children 2 3 4 5 4934978 1218765 3004079 177263 26028 59191 178586 18129 83103 4579128 1174608 2861786 All Workers 6 9157822 262482 279817 8615523 All Employees 7 11792075 357980 386990 11047105 - = Nil. N.B.- For State-wise and industry-wise break-up of data kindly refer to our publications ―ASI 2009-10, Statistics on Employment and Labour Cost (Census Sector and Sample Sector separately) Vol.I‖. 2. EMPLOYMENT SERVICES AND RECRUITMENT Policies, standards and procedures for the National Employment Service are laid down by the Central Government in consultation with the State Governments. A Working Group on National Employment Service comprising the representatives of the Central and State Government facilitate this consultative process. The Employment exchange (Compulsory Notification of Vacancies) Act, 1959 provides for compulsory notification of vacancies and submission of employment returns (ER-I and ER-II) by employers to the Employment Exchanges. It applies to all establishments in the Public Sector and such establishments in the Private Sector engaged in nonagricultural activities and employing 25 or more workers. Enforcement of the Act is the responsibility of the States and Union Territories. Majority of the States/ Union Territories have special enforcement machinery for this purpose. Employment Exchanges not only provide placement and Vocational Guidance Services to Job seekers registered with them but also collect labour market information. Since inception, the network of employment services has expanded from 18 Employment Exchanges to 969 Employment Exchanges at the end of December, 2010. Special emphasis was laid on promotion of self-employment by motivating and guiding the job seekers. Self Employment Promotion Cells (SPEC) in 28 selected Employment Exchanges was established in the country. Out of these now 22 Self-Employment Promotions Cells are rendering special assistance to job seekers towards promotion of Self Employment. Up to the end of July, 2011 about 1.15 lakh placed in self employment, out of which 0.91 lakh (79.09%) were men and 0.24 lakh (20.91%) were women. About 2.18 lakh persons were on the live Register of these cells. The Self Employment Promotion Cells also continue to function during 2011-12. The Employment Service continued making efforts to cater to the special needs of vulnerable sections of the society. 20 Vocational Rehabilitation Centres (VRC) for the Handicapped provided a comprehensive package of services to the Handicapped. During the period 2011-12, these 20 functional Vocational Rehabilitation Centres registered 22522, evaluated 22377 and rehabilitated 8028 persons with disabilities. Placement service to the disabled Ex-servicemen/ Border Security Forces personnel and their dependants is provided through Ex-servicemen Cell set up in DGE&T (Hqrs). At the end of Nov 2011, there were 256 disabled soldiers and 2432 dependants awaiting employment assistance through Ex-servicemen Cell. 23 Coaching-cumGuidance Centres for SC/STs have been set up in 23 States. Vocational guidance and training in confidence building is provided to SC/ST job seekers through these Centres. Besides, the facilities for practicing typing and shorthand are provided. These Centres have also been arranging Pre recruitment training programme. DGE& T are providing various training facilities for women through the ―National Vocational Training Institutes for Women, Noida (NVTI) and Regional 21 Vocational Training Institutes set up in different parts of the country. More than 90,039 women have been trained since inception in 1979 in various training courses until 2011-12 (as on 30.09.2011). A. General (i) Employment Exchanges - The National Employment Service spans the entire country. There were 966 Employment Exchanges functioning at the end of 2011 including 83 University Employment Information and Guidance Bureau (UEIGBX), 15 Professional and Executive Employment Exchanges, 42 Special Employment Exchanges for the Physically Handicapped and one Special Employment Exchange for Plantation labour. The total number of job seekers on the Live Register of Employment Exchanges in Dec, 2011 was 401.71 lakh. The main activities of the Employment Exchanges are registration, placement of job seekers, career counseling and vocation guidance and collection of employment market information. Year-wise No. of employment exchanges, registrations, placement, vacancies notified, submissions made and live register for the period 2002 to 2011 are given in Table 1.21(a). Table 1.21 (a) Number of Employment Exchanges, Registrations, Vacancies Notified, Placements Effected and Submission Made on the Live Register during 2002-2011 (Figures in thousands) Year No. of Registrations Vacancies Placement Submission Live Register Employment Notified made at the End of Exchanges @ the Year 1 2 3 4 5 6 939 5064.0 220.3 142.6 1748.8 41171.2 2002 945 5462.9 256.1 154.9 1917.3 41388.7 2003 947 5373.0 274.6 137.7 1801.4 40457.6 2004 947 5437.1 349.2 173.2 2402.0 39347.8 2005 947 7289.5 358.2 177.0 3029.5 41466.0 2006 965 5434.2 525.8 263.5 3661.0 39974.0 2007 968 5315.9 570.8 305.0 3344.0 39112.4 2008 969 5693.7 419.5 261.5 2589.3 38152.2 2009 969 6186.0 706.9 509.6 3747.1 38826.9 2010 2011 966 6206.3 819.7 471.5 5142.9 40171.6 @ Including University Employment Information and Guidance Bureau (UEIGBx) Source: Ministry of Labour and Employment, Annual Report (2011-2012) Table 1.21 (b) Number of Job Seekers on the Live Register of Employment Exchanges in the country classified by Age group (2006-2010) (In thousands) Year Age Group (in years) 15-19 20-29 30-39 40-49 50-59 60+ Total 2006 9204.3 19876.0 10099.3 1995.5 271.1 20.4 41466.0 22.2 47.9 24.4 4.8 0.7 100.0 2007 8688.7 19221.5 9727.5 2043.5 242.9 49.9 39974.0 21.7 48.1 24.3 5.1 0.6 0.1 100.0 2008 8317.0 18646.0 9572.7 2245.0 264.3 67.0 39112.0 21.3 47.7 24.5 5.7 0.7 0.2 100.0 2009 8103.9 17786.6 9454.8 2419.1 309.9 78.0 38152.2 21.2 46.6 24.8 6.3 0.8 0.2 100.0 2010 8141.3 18174.0 9453.2 2540.3 411.1 107.0 38826.9 21.0 46.8 24.3 6.5 1.1 0.3 100.0 Note: Percent to the Total are in the second line. Totals may not tally due to rounding off. 22 (ii) Central Employment Exchange, Delhi - It is responsible for the advertisement of the vacancies of scientific and technical nature occurring in the Central Government Establishments. From April to November, 2011, 196 vacancies notified by various Ministries/Departments were advertised in the Employment News published by Directorate & Visual Publicity (DAVP). It covers 18, 13, 56, 8 and 10 vacancies for SC, ST, OBC, Physically handicapped and Ex-Service man respectively. B. Employment Market Information Programme (EMI) Scope, Coverage and Limitation Employment data in the organised sector is collected under the Employment Market Information Programme, which initially followed a voluntary course of collection of information, was provided the statutory base by the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 and rules framed thereunder. The EMI programme now extends to all the States/Union Territories. The programme covers all establishments in the public sector and nonagricultural establishments employing 25 or more workers in the private sector. The establishments employing 10-24 workers are covered on a voluntary basis. The EMI Programme, however, does not cover employment in the agricultural establishments (other than Plantation and Agricultural Machine Operatives), self-employed or independent workers, part-time workers, Defence Forces, and Indian Missions abroad, establishments employing less than 25 workers in the metropolitan cities of Mumbai and Kolkata and tiny sector establishments (employing less than 10 workers). The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959 makes it obligatory on the part of employers to render Employment Return (ER-I) and Occupational Return (ER-II) quarterly and biennial intervals respectively. The employment returns are rendered at quarterly intervals showing employment at the end of 31st March, 30th June, 30th September and 31st December every year whereas the Occupational Returns are collected biennially as at the end of 30th September of the year alternately for Public and Private Sectors establishments. Occupational and Educational Pattern Studies Occupational and educational profile of employees in organised sector is attempted through this study. The data are collected under the Employment Market Information (EMI) Programme at biennial intervals, covering public and private sector establishments in alternate years through ER-II returns prescribed under the Employment Exchange (Compulsory Notification of vacancies) Act, 1959. The occupational composition and educational levels of all employees in organised sector, classified by industries and branches of the public sector and by size of establishments in the private sector are presented in the reports titled ―Occupational and Educational Pattern in India‖. C. Other Activities of the Directorate General of Employment and Training (DGE&T) Surveys and Studies (a) General- The Central Institute for Research and Training in Employment Service (CIRTES) is responsible for imparting training to officers of the Employment Service and conducting research to provide feedback on various programmes of NES and develop tools and techniques for better implementation of NES programmes. It also prepares career literature vocational guidance and career counseling. (b) Manpower Surveys and Studies- The Survey Division of the DGE&T conducts employment profile studies in selected industries on need basis. Main objective of such studies is to made available the information on present and future employment potential and also to identify self employment and wage paid employment opportunities. 23 D. Employment of (a) Scheduled Castes/Tribes (b) Ex-Service Personnel and (c) Minorities (d) Handicapped Persons (a) Scheduled Castes/Tribes- The Performance of Employment Exchanges in respect of Scheduled Caste/Scheduled Tribe and Other Backward Class job seekers during 2007 and 2008 is indicated in Table 1.22. Table 1.22 (a) Employment of Scheduled Caste / Scheduled Tribe and other Backward Class job-seekers during 2007 and 2008 (in lakh) Scheduled Castes Scheduled Tribes Other Backward Classes Registration Placement Live Register Registration Placement Live Register Registration Placement Live Register 2007 6.69 0.22 63.21 2.57 0.21 21.32 8.93 0.12 88.16 2008 6.59 0.27 63.84 3.09 0.21 22.04 9.54 0.18 86.90 Source: Annual Report (2011-2012), Ministry of Labour and Employment (b) Ex-Service Personnel- In order to provide placement services to the disabled Ex-Servicemen/ BSF personnel and the dependants of Defence Service personnel/ BSF personnel killed or severely disabled in action against the vacancies reserved for Ex-servicemen and earmarked for priority categories, an Ex- servicemen Cell was set up in the Director General of Employment & Training in July, 1972.Subsequently, the scope of the special service was also extended for the benefit of exservicemen disabled during the peace time as well as dependants of the Defence Service personnel killed or severely disabled in peace time provided that the death or disability attributable to military service with effect from February, 1981. At the end of Nov, 2011 there were 256 disabled soldiers and 2432 dependants awaiting employment assistance through the Ex- Servicemen Cell. (c) Minorities- In pursuance of the Prime Minister‘s directive for full integration of minorities in all aspect of national life, the State Governments have been advised to ensure that no discrimination is made against minority communities in matters of Registration and in sponsoring names by Employment Exchanges. The State Governments have also been advised to create monitoring cells to watch the progress in this matter and instruct to organize Mobile Employment Exchange Registration Camps in minority concentration areas. In all, there were 62.29 lakh job seekers on the Live Registers of Employment Exchanges belonging to the minority communities at the end of December 2007.These account for 15.7% of total job seekers on Live Register. (d) Handicapped Persons – The employment service continued making efforts to cater to the special needs of disabled job seekers. Special Employment Exchanges were also set up over three decades for their selective placement. As on July 2011, 42 Special Employment Exchanges are functioning in the country for Physically Handicapped persons. On the recommendations of the Working Group on the National Employment Service and the Task Force on the re-organisation of Special Employment Exchanges, 38 special Cells for the physically handicapped with a Special Placement Officer attached to the normal Employment Exchanges and funded by the Central Government have so far been set up by the Ministry of Social Justice & Employment. These are in addition to the Special Cells/ Units opened for the handicapped applicants at the Employment Exchanges by various State governments. 24 Table 1.22 (b) Performance of Employment Exchanges in respect of Disabled Job seekers (in thousands) Year 2002 2003 2004 2005 2006 2007 2008 Registration 59.5 55.2 52.4 57.2 58.8 57.7 54.9 Placement 3.4 3.9 3.4 3.2 3.4 3.4 3.7 Live Register 532.7 651.8 565.9 578.9 597.4 660.0 669.4 3. TRAINING A. General Skill development is key to improve labour market outcomes and economic growth. Considerable emphasis is being laid in India on evolving pragmatic strategies to upgrade and enhance the relevant skill training and to improve access to skills for workers as a means to move to a cycle of higher productivity, higher employability, higher income levels, and faster and sustainable economic growth. The Ministry of Labour & Employment operates a number of Training Schemes to ensure regular supply of skilled manpower to industry at different levels required for technology and industrial growth of the country. B. Training Programmes/Schemes The details of the various schemes sponsored by the Ministry of Labour & Employment through various departments working under it are discussed below: (a) National Skill Development Policy In 2009, Ministry of Labour & Employment formulated a National Skill Development Policy that targets the creation of 500 million skilled workers by 2022, with the following vision: (b) Skill development should harness inclusivity and reduce economic and social divisions among Indian workforce particularly across rural–urban, male–female, organized– unorganized and traditional–contemporary segments. Matching the emerging demands for skills across various industries and economic enterprises. Evolving a National Vocational Qualification Framework comparable with international standards Developing standard certification system by recognizing and including quality skills acquired through any informal system of learning Greater and more active role for workers‘ organizations, industry, civil society, Panchayati Raj institutions and other professional bodies Greater reduction of poverty through enhanced earnings of skilled workers Institutional Structure Governing Skill Development Mission A three-tier institutional structure consisting of (i) the Prime Minister‘s National Council on Skill Development, (ii) the National Skill Development Coordination Board (NSDCB) and (iii) the National Skill Development Corporation (NSDC) has been set up to take forward the skill development mission. The Prime Minister‘s National Council has outlined the core operating principles, which, inter alia, advocate the need for co-created solutions for skill development based on partnerships between states, civil society, and community leaders. The emphasis is on making skills bankable for all sections of society, including the poorest of the poor. The issue of optimum utilization of existing infrastructure for skill development available in the states and using the same 25 for skill training is also emphasized. 26 states and 5 Union Territories have set up Skill Development Missions. As a next step, all these states/UTs need to assess the skill gaps in the major sectors and formulate action plans for bridging them. Skill gap study has already been done by States like Maharashtra, Himachal Pradesh and Punjab, etc. (c) Expansion of Skill Development Institutions Considerable efforts have been made in recent years for operationalizing new Government & Private Industrial Training Institutes (ITIs) especially, in backward regions. Considering that ITIs mainly cater to the skill development requirements of the less advantaged income and social groups, the significant growth in ITIs, along with the total seating capacity, is a significant step towards further improving the access of the disadvantaged sections to skill development initiatives. (d) Upgradation of 500 ITIs through Domestic Funding and World Bank Assisted Vocational Training Improvement Project With domestic funding, existing 100 ITIs were upgraded into ―Centres of Excellence (CoE)‖ for producing multi skilled workforce of world standard. Under the scheme, multi-skilling courses are offered during the first year, followed by advanced and specialized modular courses in the second year by adopting industry wise cluster approach, multi entry and multi exit provisions and the concept of Public Private Partnership (PPP) in the form of Institute Management Committees (IMCs) to ensure greater and more active involvement of industry in all aspects of training. The scheme was completed in March, 2011 and an amount of Rs.115 crore (central share) was released for upgradation of these ITIs. Under Vocational Training Improvement Project (VTIP) taken up with the assistance of World Bank at a total cost of Rs.1581 crores, 400 ITIs are being upgraded. Till 2010-11, central share of Rs.783 crore has been released to States/UTs. Another Rs.70 crore has been spent for development of central institutes which are functioning under the direct control of DGE&T. (e) Scheme of Upgradation of 1396 Government ITIs Through Public Private Partnership This scheme was launched in 2007-08 to improve the employment prospects of graduates from the vocational training system, by making the delivery of training more demand responsive. Under the scheme, an Institute Management Committee (IMC), headed by an industry partner, is constituted in the ITI and registered as a Society. An interest-free loan of up to Rs.2.50 crore is given by the central government directly to the IMC Society and financial and academic autonomy is given to the Society. Interest-free loan amounting to Rs.2670.00 crore has been released for the upgradation of 1068 government ITIs. Recent evidences indicate that the placement rate in those ITIs which have been modernized has increased from 35 per cent in 2003 to about 80 per cent in 2010-11. (f) Skill Development Initiative (SDI) Scheme The SDI scheme, based on the Modular Employable Skills (MES) framework, has been operationalized from May, 2007 to provide vocational training for early school leavers and existing workers, especially in the unorganized sector. It seeks to improve their employability by optimally utilizing the infrastructure available in government and private institutions and the industry. One million persons were required to be trained or their existing skills tested and certified, over a period of five years, and one million every year thereafter. During the four years (from 2007-08 to 201011), 6454 Vocational Training Providers (VTPs) were registered to provide training under the scheme adopting flexible delivery mechanism (part-time, weekends, full-time, onsite/offsite) to suit the needs of various target groups. 1260 demand-driven short-term training courses based on MES were developed and approved by the National Council for Vocational Training (NCVT). A total of 11.57 lakh persons were trained/tested, and 36 organizations, which are not involved in training delivery, were empanelled as Assessing Bodies for testing of the skills of trainees to ensure that it is done impartially. 26 (g) Enhancing Skill Development Infrastructure in North-East States and Sikkim A major development objective for the North East Region (NER)—the North Eastern states and Sikkim—is the strengthening of its human resource base, particularly the youth, in order to make them more skilled and employable. The North Eastern Region Vision, 2020 has stated that despite expansion of the education infrastructure, and a satisfactory literacy rate and pupil–teacher ratios in the region, the skills and knowledge base of the youth in NER is inadequate to equip them to compete at national and international levels for employment or entrepreneurial activities. The vision for the region, therefore, envisages a vast expansion in the availability of opportunity for acquiring skills and competencies. However, there are, for example, only 68 ITIs in NER, with a seating capacity of 10,308 as against the total seating capacity of 12.2 lakh in the country. The number of ITIs in NER constitutes less than one per cent of the total ITIs in the country. Such a scenario highlights the urgent need to draw up specialized programmes to expand the base of skill development institutions in NER. New centrally sponsored scheme ―Enhancing Skill Development Infrastructure in NE States and Sikkim‖ to enhance skill development of youth of the region has been approved during 2010-11 at a cost of Rs.57.39 crore. The scheme consists of following three components: (h) Upgradation of 20 ITIs at a cost of Rs.30.18 crore. Supplementing deficient infrastructure in 28 ITIs at a total cost of Rs.24.24 crore. Establishment of Project Management Unit at Centre and eight State headquarters at a total cost of Rs.2.97 crore. Training of 8000 Youth of Jammu and Kashmir With an announcement of the Hon‘ble Prime Minister during his visit to Jammu & Kashmir on October 28-29, 2009; the Scheme is being implemented to provide training to 8000 youth of the State of J&K under SDI scheme for their gainful employment in the year 2010-11 and 8000 youth in 2011-12. In this scheme, the first strategy is to identify sectors with large employment potential and secondly, focus on placement oriented training based on the experience of J&K and rest of India. For this, the selected sectors are Tourism, Handicraft, IT & IT enabled services, Agriculture, Horticulture and Health sector in which a total of 4175 youth have been trained and State Govt. is in the process of deputing remaining candidates for training in 35 Vocational Training Providers outside the State of J&K, identified by DGE&T. Also, State has identified VTPs registered under SDI scheme who can conduct courses in the trade/sectors identified by J&K which will have tangible employment potential in the state. In order to enhance their employability and facilitating realization of inclusive socio-economic growth, youth are trained inside as well as outside the State of J&K. (i) Setting Up of ITIs and Skill Development Centres (SDCs) in Left Wing Extremism Affected States There is regional imbalance in Skill Development opportunities in districts affected by Left Wing Extremism. Therefore, the youth are vulnerable and easily fall prey to groups propagating extremist and destructive activities. To wean away youth from violent and destructive activities, MoLE has formulated a ―Skill Development Plan‖ for youth of 34 districts affected by Left Wing Extremism at a cost of Rs.232.95 crore. The scheme has two pronged strategy. As an immediate measure, short term and long term Skill training programmes will be conducted for 5000 youth in the existing institutes (Government & Private) during 2011-12. Also, additional infrastructure will be created for 34 Industrial Training Institutes, one ITI per District and 68 Skill Development Centres (SDCs), two SDCs per District. As long term measure, the above strategies will be scaled up during the 12th Plan period depending upon the progress. (j) New Schemes In order to comply with announcement of Hon‘ble Prime Minister on 15.8.2007 to set up 1500 ITIs and 50,000 Skill Development Centres, MoL&E is in the process of formulating following schemes: 27 (k) Setting up of 1500 ITIs: 1500 new Industrial Training Institutes (ITIs) in PPP mode preferably in un-serviced blocks. The state government will provide land with basic infrastructure (i.e. electricity, road, communication etc.). Central government will provide capital support in the form of Viability Gap Funding (VGF) while private player will take the lead role in establishment of the institute. Approval process for the scheme is in progress. Setting up of 5000 Skill Development Centres: Although the Hon‘ble Prime Minister announced for setting up of 50000 Skill Development Centres (SDCs), Planning Commission has accorded ‗in principle‘ approval for setting up of 5000 SDCs. Accordingly, MoL&E has formulated a scheme for establishment of 5000 Skill Development Centres (SDCs) in PPP mode following the same architecture as 1500 ITIs. Approval process for the scheme is in progress. Establishment of 15 Advance Training Institutes (ATIs): There is acute shortage of trained instructors in the country. The present requirement of instructors is around 70,000 and additional annual requirement is around 20,000. The present instructor training capacity of the country is 1,600. To meet the gap, MoL&E has formulated a scheme to establish 15 Advance Training Institutes (ATIs) in PPP mode. Approval process is underway. Establishment of 12 Regional Vocational Training Institutes for Women (RVTIs): Skill development facilities for women are quite inadequate at present. To improve upon the women training facilities, MoL&E has formulated a scheme to establish 12 Regional Vocational Training Institutes (RVTIs) in PPP mode. The process for approval of the scheme is in process. Modernisation of Employment Exchanges for Creating a Labour Market Information System National-e-Governance Plan (NeGP) has identified Modernization and Upgradation of Employment Exchanges as one of the Mission Mode Projects (EEMMP). The EEMMP aims to support all State Governments in the country to make effective use of IT in various activities of employment services. EEMMP‘s strategic objective and vision is to increase the employability of the youth through effective employment counseling and automated skill match exercise to be offered through Employment Exchanges. (l) Development of National Vocational Qualification Framework (NVQF) As mandated by National Policy on Skill Development, Ministry of Labour & Employment has initiated work for setting up of NVQF. The background work for carrying out occupational mapping in selected sectors has already started and technical assistance from European Union has been sought for development of NVQF. NVQF will provide market linked, quality assured, and relevant qualifications comparable with international standards. The students will get the opportunity of horizontal and vertical mobility. (m) Setting Up of Sector Skills Councils To make skill development system relevant to needs of industry, it has been decided to constitute Sector Skill Councils (SSCs) with the support of all the major players of that sector. National Skill Development Corporation (NSDC) has been mandated to constitute SSCs. Six SSCs have already been approved and 25 are in process. SSCs have been entrusted with the responsibility of conducting research, skill-wise, region-wise and identifying skill gaps and maintain sectoral Labour Market Information System (LMIS). They are also expected to partner with various institutes to train the trainers and upgrading skill sets of existing industry. SSCs are expected to design standards for competencies, course content, examination & certification. They are also expected to have inter-face with skill development institutes to ensure consistency and acceptability of standards. 28 4. ABSENTEEISM Statistics on Absenteeism collected under the Annual Survey of Industries Absence means failure of a worker to report for work when he is scheduled to work, i.e., when the employer has work available for him and the worker is aware of it. Authorised absence is also treated as absence, while presence for even a part of a day or a shift is not considered as absence. Absence on account of strike, lock-out or lay-off is not taken into account. Serial statistics on Absenteeism are obtained on a uniform basis for various Industries in the country through the Annual Survey of Industries (ASI) under the Collection of Statistics Act, 1953, for the whole of the country, except Jammu & Kashmir. However, in the case of the State of Jammu & Kashmir, Collection of Statistics Act, 1960 is in force with similar objective and scope. The scope of the Survey extends to (i) all establishments registered under Section 2m(i) and 2m(ii) of the Factories Act, 1948 (excluding factories under the control of the Ministry of Defence, Jails, Technical Training Institutes and Oil Storage Depots) and (ii) The Bidi and Cigar Workers (Conditions of Employment) Act, 1966. For the purpose of the Survey, the universe of the establishments has been divided into (a) Census Sector, and (b) Sample Sector. The coverage of units under the two sectors has been decided as under: (a) Census Sector: The Coverage under the Census Sector has been undergoing certain minor changes from year to year. For the year 2009-10, the Census Sector comprised of the following: i. ii. iii. All the units employing 100 or more worker. All the units located in States/Union Territories of Tripura, Meghalaya, Manipur, Nagaland and Andaman & Nicobar Islands. All factories declared as submitting ‗Joint Return‘, as identified by NSSO (FOD). (b) Sample Sector: The Sample Sector comprised all other industrial establishments not covered in Census Sector. The fieldwork for the Survey is entrusted to the N.S.S.O., while data dissemination is the responsibility of the Labour Bureau. Absenteeism statistics presented in this section relate to establishments covered both in Census and Sample Sectors for the years 2008 and 2009. These statistics are based on data for the months of January to December for establishments belonging to perennial industries and for the working seasons in respect of seasonal industries. Industry-wise and State-wise Absenteeism rate i.e. percentage of mandays lost due to absence to the number of mandays scheduled to work, are presented in Tables 1.23 and 1.24, respectively. The rate of absenteeism among directly employed regular workers increased to 8.75 percent during 2009 from 8.65 percent during 2008. The absenteeism rate was reported to be more than 12 percent in Himachal Pradesh, Chandigarh, Delhi and Kerala in 2009 whereas it was recorded at less than 2 percent in Nagaland, Manipur and Tripura. At the industry level, during 2009, absenteeism was reported to be more than 12 per cent in industry group 120 (Manufacture of tobacco products), 221 (Manufacture of rubber products), 323 (Manufacture of sports goods) and less than 6 per cent in Industry group 016 (Support activities to agriculture and post-harvest crop activities), 089 (Mining and quarrying, n.e.c.), 142 (Manufacture of articles of fur), 351 (Electric power generation, transmission and distribution), 353(Steam and air conditions supply), 360 (Water Collection, treatment and supply). 29 Table 1.23 Absenteeism Rates amongst Directly Employed Regular Workers in Industries (3-digit level of NIC-2008) during the years 2008 and 2009 Industry Code (As per NIC 2008) Industry 1 2 Support activities to agriculture and post-harvest crop activities Mining and quarrying, n.e.c. Processing and preservation of meat. Processing and preserving of fish, crustaceans and molluscs and products thereof. Processing and preserving of fruit and vegetables. Manufacture of vegetable and animal oils and fats. Manufacture of dairy products. Manufacture of grain mill products, starches and starch products. Manufacture of other food products. Manufacture of prepared animal feeds. Manufacture of beverages. Manufacture of tobacco products. Spinning, weaving and finishing of textiles. Manufacture of other textiles. Manufacture of wearing apparel, except fur apparel. Manufacture of articles of fur. Manufacture of knitted and crocheted apparel. Tanning and dressing of leather; Manufacture of luggage, handbags, saddlery and harness; dressing and dyeing of fur. Manufacture of footwear. Saw milling and planing of wood. Manufacture of products of wood, cork, straw and plaiting materials. Manufacture of paper and paper products. Printing and service activities relating to printing. Reproduction of recorded media. Manufacture of coke oven products. Manufacture of refined petroleum products. Manufacture of basic chemicals, fertilizer and nitrogen compounds, plastics and synthetic rubber in primary forms. Manufacture of other chemical products. Manufacture of man-made fibres. Manufacture of pharmaceuticals, medicinal chemical and botanical products. Manufacture of rubber products. Manufacture of plastic products. Manufacture of glass and glass products. Manufacture of non-metallic mineral products n.e.c. Manufacture of basic iron and steel. Manufacture of basic precious and other non-ferrous metals. Casting of metals. Manufacture of structural metal products, tanks, reservoirs and steam generators. 016 089 101 102 103 104 105 106 107 108 110 120 131 139 141 142 143 151 152 161 162 170 181 182 191 192 201 202 203 210 221 222 231 239 241 242 243 251 Absenteeism Rates (%) 30 2008 2009 3 6.14 4.48 7.00 6.79 4 5.28 4.44 11.99 6.38 6.62 6.56 7.42 6.83 9.15 8.32 8.09 13.51 9.12 7.00 9.02 8.46 6.03 9.66 6.88 6.53 6.77 7.11 9.90 7.39 8.09 15.64 8.81 7.70 8.55 4.54 6.35 8.33 9.98 9.75 11.08 7.29 8.58 16.26 6.24 9.91 9.07 8.71 9.20 10.22 8.95 8.30 9.30 6.45 10.00 9.82 7.72 12.40 7.88 7.56 8.16 8.44 10.54 8.65 9.36 9.32 5.57 9.32 9.41 8.10 14.62 7.62 11.46 8.62 7.32 8.83 9.73 7.44 1 252 259 261 262 263 264 265 266 267 268 271 272 273 274 275 279 281 282 291 292 2 Manufacture of weapons and ammunition Manufacture of other fabricated metal products; metalworking service/ activities. Manufacture of electronic components. Manufacture of computers and peripheral equipment. Manufacture of communication equipment. Manufacture of consumer electronics. Manufacture of measuring, testing, navigating and control equipment; watches & clocks. Manufacture of irradiation, electro medical and electrotherapeutic equipment. Manufacture of optical instruments and equipment. Manufacture of magnetic and optical media. Manufacture of electric motors, generators, transformers and electricity distribution and control apparatus. Manufacture of batteries and accumulators. Manufacture of wiring and wiring devices. Manufacture of electric lighting equipment. Manufacture of domestic appliances. Manufacture of other electrical equipment. Manufacture of general purpose machinery. Manufacture of special-purpose machinery. Manufacture of motor vehicles. Manufacture of bodies (coach-work) for motor vehicles; manufacture of trailers and semi-trailers. Manufacture of parts and accessories for motor vehicles. Building of ships and boats. Manufacture of railway locomotives and rolling stock. Manufacture of air and spacecraft and related machinery. Manufacture of weapons and ammunition. Manufacture of transport equipment n.e.c. Manufacture of furniture 17 Manufacture of jewellery, bijouterie and related articles. Manufacture of musical instruments. Manufacture of sports goods. Manufacture of games and toys. Manufacture of medical and dental instruments and supplies. Other manufacturing n.e.c. Repair of fabricated metal products, machinery and equipment. Installation of industrial machinery and equipment. Electric power generation, transmission and distribution. Manufacture of gas, distribution of gaseous fuels through mains. Steam and air conditions supply. Water Collection, treatment and supply. Sewerage. Waste collection. Waste treatment and disposal. Material recovery. Remediation activities and other waste management services. Others n.e.c. 293 301 302 303 304 309 310 321 322 323 324 325 329 331 332 351 352 353 360 370 381 382 383 390 400 All India n.e.c. not elsewhere classified 31 3 8.26 11.01 4 7.52 9.72 8.02 11.38 7.58 9.87 8.04 9.25 9.04 6.95 6.23 9.61 9.24 8.02 6.81 6.58 7.83 8.45 7.92 7.80 7.92 9.78 7.75 9.21 9.44 8.28 9.68 12.27 8.93 9.63 8.26 8.77 8.96 8.70 7.89 9.55 8.98 8.79 9.41 6.06 9.99 9.52 8.18 10.32 9.47 8.74 6.57 16.40 9.17 9.65 9.09 9.16 10.19 7.45 7.82 7.72 7.53 5.49 7.00 8.65 8.11 8.14 10.03 7.00 7.11 10.96 10.04 8.82 11.66 12.73 8.20 7.85 9.15 8.24 10.10 5.58 8.24 3.80 1.59 9.77 7.78 8.75 Table 1.24 Absenteeism Rates amongst Directly Employed Regular Workers in States during the years 2008 and 2009 Sl. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 State/ Union Territory 2008 5.00 12.29 10.33 11.59 7.27 11.83 13.21 11.51 9.98 7.02 2.23 1.34 3.05 5.95 5.22 7.45 7.25 2.74 6.14 7.93 8.21 7.77 8.29 11.69 6.76 8.76 9.36 12.21 6.20 6.68 14.01 8.65 Jammu & Kashmir Himachal Pradesh Punjab Chandigarh Uttarakhand Haryana Delhi Rajasthan Uttar Pradesh Bihar Sikikim Nagaland Manipur Tripura Meghalaya Assam West Bengal Jharkhand Orissa Chhattisgarh Madhya Pradesh Gujarat Daman & Diu Dadra & Nagar Haveli Maharashtra Andhra Pradesh Karnataka Goa Kerala Tamil Nadu Pondicherry A & N Islands All India Absenteeism Rates (%) 2009 4.80 13.09 11.74 12.98 7.59 11.05 12.27 9.80 10.18 5.16 0.97 1.00 1.51 1.87 5.63 4.94 8.72 5.76 6.34 5.90 6.29 8.54 8.72 6.71 11.22 6.05 7.88 9.66 13.53 6.26 6.01 11.47 8.75 - Not available 5. LABOUR TURNOVER Data on Labour Turnover, i.e., Accession and Separation are also collected under the Annual Survey of Industries (ASI). For the purpose of the Survey, the term ‗Accession‘ is defined as the total number of workers added to the employment during the period, whether new or reemployed or transferred from other establishments or units under the same management. Interdepartmental transfers within the same establishments are, however, ignored. The term ‗Separation‘ implies severance from employment at the instance of workers or employers. It includes termination of service due to death or retirement. Retirement as a result of rationalisation or modernisation or any other cause is also treated as separation. It also includes transfers out of the establishment. 32 Tables 1.25 and 1.26 show Industry-wise and State-wise rates of Annual Labour Turnover for the years 2008 and 2009, in respect of establishments covered under ASI (combined for both Census as well as Sample Sectors). Accession rate of Labour Turnover among directly employed regular workers has decreased from 17.56 percent in 2008 to 17.50 percent during 2009. However, Separation rate has decreased from 17.00 percent in 2008 to 15.73 percent during 2009. Among industries, highest rates of Accession was recorded as 73.37 percent in industry group ‗016–Support activities to agriculture and post-harvest crop activities ' and highest rate of separation was recorded as 81.31 percent in industry group ‗016–Support activities to agriculture and post-harvest crop activities‘. During 2009, among States, the highest and lowest rates of Accession at 32.28 percent and 1.55 percent were reported in Delhi and Sikkim, respectively, whereas, the highest and lowest rates of separation at 34.01 percent and 1.35 percent were also recorded in Delhi and Sikkim respectively. Table 1.25 Labour Turnover Rates amongst Directly Employed Regular Workers in Industries (3-digit level of NIC-2008) during the years 2008 and 2009 Sl.No. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Industry Code (As per NIC 2008) 2 016 089 101 102 103 104 105 106 107 108 110 120 131 139 141 142 143 151 152 161 162 170 181 182 191 192 201 202 203 210 221 222 231 Annual Labour Turnover Accession Rates (%) 2008 2009 3 4 23.62 73.37 11.47 46.81 12.33 16.69 14.90 39.93 18.35 17.77 13.68 21.49 8.75 9.58 15.00 18.36 29.15 29.31 9.93 14.94 11.19 13.03 8.83 12.19 13.88 13.18 16.71 16.69 27.94 28.28 41.66 12.10 14.65 15.32 20.36 18.45 38.52 30.92 5.20 9.80 14.37 17.39 12.20 12.14 16.05 13.68 32.62 11.89 14.24 5.02 4.85 13.50 8.88 9.70 12.00 10.56 5.28 3.61 17.56 15.77 18.12 24.16 19.79 15.11 12.36 14.74 33 Separation Rates (%) 2008 2009 5 6 21.13 81.31 79.22 11.77 10.83 11.36 35.41 19.35 16.94 11.47 19.58 8.55 7.63 13.68 17.92 30.30 29.55 13.23 9.05 9.89 9.88 9.94 10.24 15.69 12.56 15.80 14.09 27.82 25.76 12.26 12.76 18.19 17.34 22.57 23.73 4.13 9.46 13.19 16.53 10.72 10.37 16.16 13.05 8.95 6.40 6.25 8.93 9.55 9.99 11.13 9.92 15.94 5.08 12.51 11.59 16.37 22.56 16.01 12.43 10.40 12.13 1 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 2 3 4 239 12.54 14.02 241 10.82 8.40 242 10.02 12.67 243 16.82 17.75 251 24.51 13.63 252 12.45 14.23 259 20.52 18.78 261 20.69 18.27 262 12.15 12.54 263 20.44 17.09 264 15.04 17.51 265 13.42 18.97 266 32.61 9.02 267 13.68 10.16 268 8.49 17.13 271 15.07 16.08 272 18.66 13.24 273 12.53 17.46 274 23.07 22.34 275 21.84 28.04 279 17.42 14.11 281 14.91 12.79 282 16.02 13.03 291 44.67 36.99 292 18.31 22.69 293 21.27 19.70 301 38.54 3.81 302 7.84 6.16 303 24.21 16.08 304 11.17 7.43 309 19.83 18.28 310 21.15 15.58 321 16.29 16.52 322 14.16 4.35 323 17.00 20.46 324 9.30 22.34 325 13.68 21.44 329 12.97 18.07 331 13.03 18.55 332 8.29 6.14 351 10.26 10.07 352 5.10 10.81 353 27.52 12.90 360 4.64 6.73 370 3.77 5.11 400 15.25 14.60 All India 17.56 17.50 Note: Details of Industries may be seen in Table 1.23 34 5 11.27 10.43 9.55 17.67 12.95 8.28 19.31 13.46 10.78 14.83 15.84 10.58 7.56 8.56 14.76 12.74 12.55 21.40 17.67 30.76 12.01 15.29 60.25 15.28 22.08 29.53 8.76 13.07 17.98 21.93 17.10 23.38 15.51 14.25 13.21 8.43 9.70 8.77 14.17 17.00 6 12.56 8.48 8.63 15.87 11.82 17.18 14.71 14.73 15.24 16.65 17.05 9.31 18.88 14.74 7.49 17.06 20.83 15.18 14.18 12.56 13.51 23.59 10.92 14.58 3.57 7.28 11.94 15.58 13.88 16.01 14.98 17.51 17.16 15.40 6.77 6.90 13.29 15.35 4.95 12.18 15.73 Table 1.26 Labour Turnover Rates amongst Directly Employed Regular Workers in States during the years 2008 and 2009 State/ Union Territory 1 Jammu & Kashmir Himachal Pradesh Punjab Chandigarh Uttarakhand Haryana Delhi Rajasthan Uttar Pradesh Bihar Sikkim Nagaland Manipur Tripura Meghalaya Assam West Bengal Jharkhand Orissa Chhattisgarh Madhya Pradesh Gujarat Daman & Diu Dadra & Nagar Haveli Maharashtra Andhra Pradesh Karnataka Goa Kerala Tamil Nadu Pondicherry A & N Islands All India Annual Labour Turnover Accession Rates (%) Separation Rates (%) 2008 2009 2008 2009 2 3 4 5 13.73 13.29 13.82 12.95 29.28 27.72 23.91 23.05 24.24 25.83 24.68 25.24 20.14 17.00 22.77 15.90 31.31 24.69 19.99 19.58 28.28 25.25 28.52 22.16 27.22 32.28 30.42 34.01 15.95 17.51 18.53 15.75 27.28 30.20 27.82 26.88 22.80 23.15 20.33 24.86 1.55 1.35 6.02 2.14 4.34 7.73 14.30 13.97 3.08 1.75 1.63 5.67 11.79 8.75 11.11 8.66 2.50 10.44 2.88 4.70 10.95 10.07 13.29 11.34 5.74 5.99 9.31 6.62 7.28 5.99 5.80 6.09 10.76 7.30 6.46 7.27 16.33 11.85 13.39 10.07 15.22 17.05 13.98 14.54 13.76 11.44 12.23 16.77 15.11 13.53 13.03 20.10 20.16 21.76 17.25 12.14 12.28 10.07 10.06 19.41 19.22 18.09 16.41 25.56 31.72 18.76 28.33 7.70 10.34 8.03 10.78 16.17 13.69 13.95 12.15 7.63 9.80 7.44 11.02 8.68 18.88 16.60 8.74 17.50 17.56 15.73 17.00 - Not available 35 6. WOMEN AND CHILD LABOUR Women and Children, who represent about two-third of the country‘s total population, constitute the most important target groups in the present day context of development planning. A. Women Workers Participation of women in socio-economic activities is a common practice in the developed as well as the developing countries of the world. Women are known to work on farms, roads, building and construction, and of late in service sector, in factories manufacturing garments and electronic assembly plants. Skilled women workers also have been working in traditional village industries either as self employed or as paid workers. In hill areas, search for forest products including fuel wood engages a fairly large number of women. The majority of women work in the unorganised sector for low wages and at low level of skills. In absolute terms, the number of women workers during the last five decades has increased from 40 million in 1951 to 150 million in 2011. Employment of women in organized sector (both public and private) as on March 31, 2011 was about 59.54 lakh, which constituted 20.5 per cent of the total organized sector employment in the country. Of this, nearly 32.14 lakh were employed in community, social and personnel service sector. As per Census 2011, the work participation rate for women is 25.51 per cent as compared to 25.63 per cent in 2001. The work participation rate of women was however 22.27 per cent in 1991. The work participation rate for women in rural areas is 30.02 per cent as compared to 15.44 per cent in the urban areas. Table 1.27 Work Participation Rate in India (1971-2011) Year Total Rural Urban 2 Total Rural Urban Persons Males Females 3 33.08 34.03 29.34 4 52.61 53.62 48.82 5 12.11 13.42 6.68 1981 Total Rural Urban 36.70 38.79 29.99 52.62 53.77 49.06 19.67 23.06 8.31 1991 Total Rural Urban 37.50 40.09 30.16 51.61 52.58 48.92 22.27 26.79 9.19 2001 Total Rural Urban 39.10 41.75 32.25 51.68 52.11 50.60 25.63 30.79 11.88 2011 Total Rural Urban 39.80 41.80 35.30 53.30 53.00 53.80 25.51 30.02 15.44 1 1971 Source: Office of the Registrar General, India The Equal Remuneration Act, 1976 provides for payment of equal remuneration to men and women workers for same work or work of similar nature without any discrimination and also 36 prevent discrimination against women employees while making recruitment for the same work or work of similar nature, or in any condition of service subsequent to recruitment such as promotions, training or transfer. The provisions of the Act have been extended to all categories of employment. The Act is implemented at two levels viz. Central level and State level. In this period of economic liberalization and globalization, the quality of women‘s employment will depend upon several factors. The foremost among these are access to education and opportunities for skill development. The solution lies in creating awareness among women about their legal rights and duties and by providing them adequate opportunities to upgrade their skill level. The emphasis should be on effective enforcement of the Minimum Wages Act, 1948 and the Equal Remuneration Act, 1976. Proper enforcement of these Acts will create on enabling environment for women workers. Besides these proactive measures, policies which encourage education, skill development, and training among women also need to be given priority. There are about 14 principal labour laws under which protection is extended to women. Special employment programmes are being implemented by the Ministry of Rural Development. Labour Bureau conducts surveys aimed at assessing the socio-economic conditions of Women Workers and the extent of the welfare amenities available to them vis-a-vis various Labour Laws. In the first instance these studies were conducted in the organised sector of the economy, comprising mines, plantations and factories covered under the relevant Acts. Keeping in view the utility of the data generated by these surveys, the scheme has since been extended to the unorganised sector as well. B. Child Labour Child labour though undesirable persists in various employments on account of socioeconomic compulsions. According to 2001 census figures, there were 1.26 crore working children in the age group of 5-14 as compared to 1.13 crore in 1991. State-wise distribution of child labour population in this age group shows that Uttar Pradesh (19 lakh) has the highest child labour population in the country, followed by Andhra Pradesh (14 lakh), Rajasthan (13 lakh) and Bihar (10 lakh). More than 90 per cent of the child labour is engaged in rural areas in agriculture and allied employments like cultivation, agricultural labour, livestock, forestry and fishery. However, as per NSSO survey 2009-10, the working children are estimated at 49.84 lakh as against 90.75 lakh in 2004-05. Our Constitution provides for protection of children from involvement in economic activities and avocations unsuited to their age. Directive Principles of State Policy in the Constitution strongly reiterates this commitment and this is also provided for in the Fundamental Rights. Government of India stands committed to the elimination of child labour in the country. Realizing the multifaceted nature of this problem, Government had embarked on a holistic and multi-pronged approach to eliminate child labour from the country in a phased manner, beginning with children working in hazardous occupations and processes and progressively covering those working in other occupations also. On the one hand, it provides for legal action for enforcement purposes and on the other, it also focuses on general development programmes for the economic empowerment of the families of children as well as project based action in areas of high concentration of child labour. As per the Child Labour (Prohibition & Regulation) Act, employment of children below the age of 14 years is prohibited in notified hazardous occupations and processes. The Act also regulates employment of children in non-hazardous occupations and processes. There are at present 18 hazardous occupations and 65 processes, where employment of children is prohibited. The Act provides for constitution of the Child Labour Technical Advisory Committee (which is a body of experts) to advise the Central Government on inclusion of additional occupations and processes to the Schedule of the Act. Under the Child Labour (Prohibition & Regulation) Act, 1986 during the last five years more than 10 lakh inspection were carried out, resulting in approximately 0.42 lakh prosecutions out of which about 7000 convictions were obtained. 37 Constitutional and legislative provisions providing protection to children against employment has been elaborated in the National Child Labour Policy announced in 1987. The policy addresses the complex issue of Child Labour in a comprehensive, holistic and integrated manner. For rehabilitation of child labour, Government had initiated the National Child Labour Project (NCLP) Scheme in 1988 to rehabilitate working children in 12 child labour endemic districts of the country. As on date the scheme is sanctioned in 270 districts. Under the NCLP Scheme, children are withdrawn from work and put into special training centres, where they are provided with bridging education, vocational training, mid-day meal, stipend, healthcare facilities etc. and finally mainstreamed to the formal education system. At present, there are around 6000 NCLP training centres being run in the country with an enrolment of approximately 2.80 lakh children. Considering that the poverty and literacy are the root causes for child labour, Government is following a multi-pronged strategy to tackle this problem. Educational rehabilitation of these children has to be supplemented with economic rehabilitation of their families so that they are not compelled to send their children to work. The Government is taking various proactive measures towards convergence between the schemes of different Ministries like Ministries of Human Resource Development, Women & Child Development, Housing & Urban Poverty Alleviation, Rural Development, etc. so that child labour and their families get covered under the benefits of the schemes of these ministries also. 38 CHAPTER 2 WAGES AND EARNINGS Wages refer to the remuneration which is paid by the employer to the employee in lieu of the services provided by the latter engaged in a production or related process. The Payment of Wages Act, 1936 defines wages as all remuneration (whether by way of salary, allowances or other-wise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment. There exists a mechanism for determination of wages in the organized and unorganized sector though not uniform for all sectors of economy. Wages in the organized sector are determined through negotiations and settlements between employer and employees. In the unorganized sector, where the labour is vulnerable to exploitation due to illiteracy and ineffective bargaining power, minimum rates of wages are fixed by the Govt. in the schedule employments under the provisions of the Minimum Wages Act, 1948. The Act binds them to pay the wages so fixed from time to time. Labour Bureau collects and compiles data of average daily employment, gross wage bill etc., from the Annual Statutory returns submitted by the State Governments/Union Territories under the Payment of Wages Act, 1936. A brief description is given in the following paragraphs. The Payment of Wages Act, 1936 The Payment of Wages Act, 1936 was enacted to regulate payment of wages to workers employed in industries and to ensure a speedy and effective remedy to them against illegal deductions and/or unjustified delay caused in paying wages to them. The wage ceiling under Payment of Wages Act, 1936 was fixed at Rs.1600/- p.m. in 1982. With a view to enhance the wage ceiling to Rs.6500/- p.m. for applicability of the Act, to empower the Central Government to further increase the ceiling in future by way of notification and to enhance the penal provisions etc. the Payment of Wages (Amendment) Act, 2005, which was passed by both Houses of Parliament has been notified on 6.9.2005 as an Act 41 of 2005 by the Ministry of Law and Justice. Subsequently the Ministry of Labour and Employment has issued the Notification S.O.1577(E) to make the Payment of Wages (Amendment ) Act, 2005 effective from the 9 th November 2005. In exercise of the powers conferred by sub-section (6) of Section 1 of the Act, the Central Government, on the basis of figures of the Consumer Expenditure Survey published by National Sample Survey Organisation has enhanced the wage ceiling, further, to Rs. 10,000/- per month vide gazette notification No. S.O. 1380(E) dated 8th August, 2007. The wage ceiling has further been enhanced to Rs. 18000.00 vide notification No. SO 2260(E) dated 11th September, 2012. On the basis of the returns received from the various State/Union Territory Governments, Labour Bureau compiles data annually on per capita annual/daily earnings of workers etc. and publishes for the use of researchers, policy makers and other stake holders. The Minimum Wages Act, 1948 The Minimum Wages Act, 1948 provides for fixation/ periodic revision of minimum wages in employments where labour is vulnerable to exploitation. The minimum wages system serves a useful purpose in preventing workers exploitation in terms of payment of unduly low wage and helps in reducing inequalities in the standard of living of different social groups of workers by statutorily prescribing minimum wage rates. This helps in reducing poverty and improving the position of low paid wage earners in the sweated industries. The Labour Bureau brings out an annual report on the working of Minimum Wages Act, 1948 on the basis of returns/reports received from various State/U.T. Governments containing information on employments added, employments in which the minimum wages were fixed for the first time, the minimum wages in different scheduled employments prevalent during the year, the range of minimum wages, comparative minimum wage rates prevailing in scheduled employments and number of inspections etc. 39 1. MANUFACTURING INDUSTRIES (A) Data of Per Capita Annual Earnings collected under the Payment of Wages Act, 1936. Various States and Union Territories are collecting statistics of earnings of factory workers on an annual basis under the Payment of Wages Act, 1936. Over the years various amendments have been carried out in the Act thus widening its scope and coverage. The ceiling has been enhanced in phases from Rs.200/- per month in 1958 to Rs.1600/- per month in 1982 and Rs. 6500/- per month in 2005 as per new NIC 2004. To further enhance the scope and coverage the ceiling was raised to Rs. 10,000/- per month vide the Government of India Notification published on 08.08.2007. The coverage of the Act has been extended to factories defined not only under Section 2(m) of the Factories Act, 1948 but also to the factories covered under Section 85 of the same Act. The consolidated returns received from the States / Union Territories contain data in respect of only those factories which submit returns. The returns contain industry-wise information on the following items:(a) (b) (c) (d) Number of factories covered under the Act and submitting returns; Average daily employment during the year; Total man-days worked during the year; and Total gross wage bill, before deductions, broken up into components like basic wages, cash allowances, bonus, arrears and money value of concessions, etc. Average daily employment in an industry is derived by dividing total attendances during the year by the number of working days observed by that industry. Total gross wage bill for an industry when divided by the corresponding average daily employment yields the per capita annual earnings. Thus, the per capita annual earnings derived in this manner are subject to variation on account of variation in the number of working days. It is for this reason that the per capita annual earnings have been given only for perennial industries, where the variation in the number of working days during the year is not likely to be appreciable. The per capita daily earnings are derived by dividing the total gross wage bill for a year by the corresponding figures of total mandays worked in that year. The per capita daily earnings are compiled for all industries i.e. seasonal as well as perennial. Per Capita Annual/Daily Earnings of workers in different States / Union Territories State-wise per capita annual and daily earnings during 2009 and 2010 have been presented in Table Nos. 2.01 (a) and 2.01 (b) respectively. Table 2.01 (a) Per Capita Annual Earnings of Employees in Manufacturing Industries by States/Union Territories during 2009 and 2010 State/Union Territory.* 1 Andhra Pradesh Goa Haryana Himachal Pradesh Manipur Rajasthan Tripura A & N Island All STATES/U.Ts Number of Percentage of Average Per Capita Annual Factories covered Factories furnishing Employment (000‘) Earnings (In Under the Act Returns Rupees) 2009 2010 2009 2010 2009 2010 2009 2010 2 3 4 5 6 7 8 9 26928 RNR 31.12 RNR 315 RNR 69219 RNR RNR RNR 2 RNR 66236 9594 10037 3.29 4.56 36 82 69463 67847 23 46 61648 64589 118 118 89.83 91.53 1 62589 75768 10712 8883 13.21 16.10 55 63 47184 64313 987 68 34.25 91.18 15 1 17722 65197 18 18 61.11 61.11 55116 95902 48357 19124 22.74 15.00 445 195 64410 65943 1. Per Capita Annual Earnings=Gross wage bill/Average daily employment 2. Per Capita Daily Earnings =Gross wage bill/Total mandays worked 40 3. Average Daily employment =Total attendance during the year/Number of working days reported 4. Mandays worked =Total Number of attendance during the year 5. Number of days worked = Number of days the production is carried on. 6. - = Nil information. 7. RNR = Return not received. Note: I. Information has been received only from the above mentioned States. II. The figures exclude those for Railway Workshops and groups of Industries of seasonal nature consisting of food beverages tobacco and construction. III. The Per Capita Daily / Annual Earnings less then 10000/- per month for the year 2009 and 2010 for Employees covered under the Payment of Wages Act, 1936. Source : Annual Returns under Payment of Wages Act, 1936 received from States / U.Ts. Table 2.01 (b) Per Capita Daily Earnings of Employees by States/Union Territories during 2009 and 2010 State/Union Territory* 1 Andhra Pradesh Goa Haryana Himachal Pradesh Manipur Rajasthan Tripura A & N Island All STATES/U.Ts Per Capita Daily Earnings (In Rupees) 2009 2010 2 3 248.97 RNR RNR 230.30 228.50 317.29 188.34 233.60 213.56 243.67 155.59 244.97 97.15 270.49 221.28 205.26 227.84 268.55 Note:- Please see foot notes under Table 2.01(a) Source : Annual Returns under Payment of Wages Act, 1936 received from States / U.Ts. The per capita annual earnings at All India level in Manufacturing Industries was Rs.64410/- in the year 2009 which has increased to Rs.65943/- in 2010. The inter-state comparison reveals that the States / U.Ts. with highest and lowest per capita earnings vary from year to year. During 2009 the per capita Annual Earnings have been observed to be lowest (Rs. 17722/-) in Tripura and highest (Rs. 69463/-) in Haryana and during the year 2010 per capita Annual Earnings have been observed to be the lowest (Rs.64313/-) in Rajasthan and highest (Rs. 95902/-) in A & N Island. The per capita daily earning during the year 2009 were lowest to (Rs. 97.15) in Tripura and highest (Rs. 248.97) in Andhra Pradesh and the per capita daily earnings during the year 2010 were lowest (Rs. 205.26) in A & N Island and highest (Rs. 317.29) in Haryana. Per capita Annual / Daily earnings of workers in different Manufacturing Industries Per capita annual earnings for 2009 and 2010 in Manufacturing industries have been given in Tables 2.02 (a) and 2.02 (b) respectively. In order to have an idea of the coverage of these statistics, the number of factories covered under the Act and the percentage of units submitting returns have also been given in Table Nos. 2.02(a) and 2.02 (b). It has been observed that about 22.74 percent of factories covered under the Payment of Wages Act, 1936 submitted returns in 2009 and which decreased to 15.00 percent in 2010. Average daily employment worked out to be 445000 in 2009 and 195000 in the year 2010. Similarly per capita annual earnings were Rs. 64410 in 2009 and Rs. 65943 in the year 2010. Tables 2.02(c) and 2.02(d) shows that per capita daily earnings in the industries taken together were Rs.229.42 in the year 2009 and Rs.268.43 in the year 2010. 41 Table 2.02(a) Industry wise Per Capita Annual Earnings of Employees in Manufacturing Industries during the year 2009 NIC Code No. 2004 Industry 1 15 16 17 18 2 Manufacture of food products and beverages Manufacture of tobacco products Manufacture of textiles Manufacture of wearing apparel; dressing and dyeing of fur Tanning and dressing of leather; manufacture of luggage, handbags saddlery, harness and footwear Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials. Manufacture of paper and paper products Publishing, printing and reproduction of recorded media Manufacture of coke, refined petroleum products and nuclear fuel Manufacture of chemicals and chemical products Manufacture of rubber and plastics products Manufacture of other non-metallic mineral products Manufacture of basic metals Manufacture of fabricated metal products, except machinery and equipment Manufacture of machinery and equipment n.e.c. Manufacture of office, accounting and computing machinery Manufacture of electrical machinery and apparatus n.e.c. Manufacture of radio, television and communication equipment and apparatus Manufacture of medical, precision and optical instruments, watches and clocks. Manufacture of motor vehicles, trailers and semitrailers Manufacture of other transport equipment Manufacture of furniture; manufacturing n.e.c. Recycling All Manufacturing Industries 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Number of Percentage of Average Factories units daily covered submitting employment under the returns (000‘) Act 3 4 5 15450 24.49 99 309 16.83 8 3264 20.47 60 1014 5.82 14 Per Capita Annual Earnings (Rs) 6 54918 42663 60453 58527 408 19.85 4 51067 5236 17.36 11 66713 566 482 49.82 48.55 20 8 76119 77264 204 19.61 1 69080 2163 1629 8768 31.30 29.10 21.37 42 19 55 83273 72235 46144 2223 2434 22.13 21.73 24 17 71047 68445 1340 28 21.49 50.00 11 0 75083 61132 847 22.90 23 87132 204 28.92 5 80016 195 8.21 1 56679 634 15.77 13 78930 118 829 12 48357 25.42 16.04 41.67 22.74 6 4 0 445 85618 52103 55390 64410 1. Per Capita Annual Earnings=Gross wage bill/Average daily employment 2. Per Capita Daily Earnings =Gross wage bill/Total mandays worked 3. Average Daily employment =Total attendance during the year/Number of working days reported 4. Mandays worked =Total Number of attendance during the year 5. Number of days worked = Number of days the production is curried on. 6. - = Nil information. 7. RNR = Return not received. 8. n.e.c = Not elsewhere covered. Source : Annual Returns under Payment of Wages Act, 1936 received from States / U.Ts. 42 Table 2.02(b) Industry wise Per Capita Annual Earnings of Employees in Manufacturing Industries during the year 2010 NIC Industry Code No. 2008 1 2 10 Manufacture of food products 11 Manufacture of beverages 12 Manufacture of tobacco products 13 Number of Percentage of Average daily Factories units employment covered under submitting (000‘) the Act returns 3 4 5 1506 13.48 10 539 9.09 2 Per Capita Annual Earnings (in Rs.) 6 79132 56410 47 6.38 0 62702 Manufacture of textiles 2681 12.20 33 55302 14 Manufacture of wearing apparel 1041 5.09 13 67788 15 Manufacture of leather and related products Manufacture of wood and products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials Manufacture of paper and paper products Printing and reproduction of recorded media Manufacture of coke and refined petroleum products Manufacture of chemicals and chemical products Manufacture of pharmaceuticals, medicinal chemical and botanical products Manufacture of rubber and plastics products Manufacture of other non-metallic mineral products Manufacture of basic metals Manufacture of fabricated metal products, except machinery and equipment Manufacture of computer, electronic and optical products Manufacture of electrical equipment 262 32.06 7 69610 835 2.75 2 71750 288 30.56 2 72267 159 10.69 1 85938 84 36.90 0 71274 798 22.31 5 67160 287 75.61 13 78537 775 21.16 6 69389 4307 10.98 15 62738 1459 1208 16.11 11.84 40 9 59282 90538 219 34.70 8 59865 585 38.29 12 62947 781 13.96 7 70207 518 14.09 6 77832 115 22.61 2 73798 254 334 19124 11.42 12.87 15.00 1 2 195 78305 78618 65943 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Manufacture of machinery and equipment n.e.c Manufacture of motor vehicles, trailers and semi-trailers Manufacture of other transport equipment Manufacture of furniture Other manufacturing All Manufacturing Industries Note:- Please see foot notes under Table 2.02 (a) Source : Annual Returns under Payment of Wages Act, 1936 received from States / UTs. 43 Table 2.02(c) Industry wise Per Capita Daily Earnings of Employees during the years 2009 NIC Code No.2004 Industry 1 01 02 05 10 11 2 Agriculture, hunting and related service activities Forestry, logging and related service activities Fishing, aquaculture and service activities incidental to fishing Mining of coal and lignite; extraction of peat Extraction of crude petroleum and natural gas; service activities incidental to oil and gas extraction, excluding surveying Mining of uranium and thorium ores Mining of metal ores Other mining and quarrying Manufacture of food products and beverages Manufacture of tobacco products Manufacture of textiles Manufacture of wearing apparel; dressing and dyeing of fur Tanning and dressing of leather; manufacture of luggage, handbags, saddlery, harness and footwear Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials Manufacture of paper and paper products Publishing, printing and reproduction of recorded media Manufacture of coke, refined petroleum products and nuclear fuel Manufacture of chemicals and chemical products Manufacture of rubber and plastics products Manufacture of other non-metallic mineral products Manufacture of basic metals Manufacture of fabricated metal products, except machinery and equipment Manufacture of machinery and equipment n.e.c. Manufacture of office, accounting and computing machinery Manufacture of electrical machinery and apparatus n.e.c. Manufacture of radio, television and communication equipment and apparatus Manufacture of medical, precision and optical instruments, watches and clocks Manufacture of motor vehicles, trailers and semi-trailers Manufacture of other transport equipment Manufacture of furniture; manufacturing n.e.c. Recycling Electricity, gas, steam and hot water supply Collection, purification and distribution of water Construction Sale, maintenance and repair of motor vehicles and motorcycles; retail sale of automotive fuel Wholesale trade and commission trade, except of motor vehicles and motorcycles Retail trade, except of motor vehicles and motorcycles; repair of personal and household goods Hotels and restaurants Land transport; transport via pipelines Water transport 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 40 41 45 50 51 52 55 60 61 Per Capita Daily Earnings(Rs.) 44 2009 3 211.65 225.00 258.01 129.48 197.72 177.68 290.95 258.59 215.41 262.06 202.83 247.25 178.98 227.16 223.50 247.02 225.25 262.18 240.35 195.42 231.03 198.51 233.59 204.07 291.86 270.94 216.74 287.38 261.15 182.43 195.20 268.07 229.38 156.45 240.36 232.65 370.73 283.38 - 1 62 63 64 65 66 67 70 71 2 Air transport Supporting and auxiliary transport activities; activities of travel agencies Post and telecommunications Financial intermediation, except insurance and pension funding Insurance and pension funding, except compulsory social security Activities auxiliary to financial intermediation Real estate activities Renting of machinery and equipment without operator and of personal and household goods Computer and related activities Research and development Other business activities Public administration and defence; compulsory social security Education Health and social work Sewage and refuse disposal, sanitation and similar activities Activities of membership organizations n.e.c. Recreational, cultural and sporting activities Other service activities Activities of private households as employers of domestic staff Extraterritorial organizations and bodies All Industries 72 73 74 75 80 85 90 91 92 93 95 99 3 189.12 304.33 154.48 205.13 304.68 288.52 229.42 Note: Please see Footnotes under Table No .2.02(a) Source: Annual Returns under the Payment of Wages Act, 1936 received from States/UTs Table 2.02(d) Industry wise Per Capita Daily Earnings of Employees during the years 2010 NIC Code No.2008 1 01 02 03 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 Industry Per Capita Daily Earnings(Rs.) 2 Crop and animal production, hunting and related service activities Forestry and logging Fishing and aquaculture Mining of coal and lignite Extraction of crude petroleum and natural gas Mining of metal ores Other mining and quarrying Mining support service activities Manufacture of food products Manufacture of beverages Manufacture of tobacco products Manufacture of textiles Manufacture of wearing apparel Manufacture of leather and related products Manufacture of wood and products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials Manufacture of paper and paper products Printing and reproduction of recorded media Manufacture of coke and refined petroleum products Manufacture of chemicals and chemical products Manufacture of pharmaceuticals, medicinal chemical and botanical products Manufacture of rubber and plastics products 45 2010 3 221.87 197.14 298.45 216.87 237.33 263.30 319.94 229.26 235.93 230.76 257.29 257.51 217.96 239.63 232.46 1 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 41 42 43 45 46 47 49 50 51 52 53 55 56 58 59 60 61 62 63 64 65 66 68 69 70 71 72 73 74 75 77 78 79 80 81 82 84 85 2 Manufacture of other non-metallic mineral products Manufacture of basic metals Manufacture of fabricated metal products, except machinery and equipment Manufacture of computer, electronic and optical products Manufacture of electrical equipment Manufacture of machinery and equipment n.e.c Manufacture of motor vehicles, trailers and semi-trailers Manufacture of other transport equipment Manufacture of furniture Other manufacturing Repair and installation of machinery and equipment Electricity, gas, steam and air conditioning supply Water collection, treatment and supply Sewerage Waste collection, treatment and disposal activities; materials recovery Remediation activities and other waste management services Construction of buildings Civil engineering Specialized construction activities Wholesale and retail trade and repair of motor vehicles and motorcycles Wholesale trade, except of motor vehicles and motorcycles Retail trade, except of motor vehicles and motorcycles Land transport and transport via pipelines Water transport Air transport Warehousing and support activities for transportation Postal and courier activities Accommodation Food and beverage service activities Publishing activities Motion picture, video and television programme production, sound recording and music publishing activities Broadcasting and programming activities Telecommunications Computer programming, consultancy and related activities Information service activities Financial service activities, except insurance and pension funding Insurance, reinsurance and pension funding, except compulsory social security Other financial activities Real estate activities Legal and accounting activities Activities of head offices; management consultancy activities Architecture and engineering activities; technical testing and analysis Scientific research and development Advertising and market research Other professional, scientific and technical activities Veterinary activities Rental and leasing activities Employment activities Travel agency, tour operator and other reservation service activities Security and investigation activities Services to buildings and landscape activities Office administrative, office support and other business support activities Public administration and defence; compulsory social security Education 46 3 242.56 344.00 273.31 247.70 272.98 231.74 228.46 240.73 250.09 274.32 363.24 218.37 293.85 264.41 230.69 251.16 319.38 238.91 297.64 328.39 373.41 387.91 304.17 - 1 86 87 88 90 91 92 93 94 95 96 97 99 2 Human health activities Residential care activities Social work activities without accommodation Creative, arts and entertainment activities Libraries, archives, museums and other cultural activities Gambling and betting activities Sports activities and amusement and recreation activities Activities of membership organizations Repair of computers and personal and household goods Other personal service activities Activities of households as employers of domestic personnel Activities of extraterritorial organizations and bodies All Industries 3 268.43 Note: Please see Footnotes under Table No .2.02(a) Source: Annual Returns under the Payment of Wages Act, 1936 received from States/UTs Annual Earnings by Components The percentage distribution of annual earnings according to various components viz. basic wages, cash allowances, money value of concessions, bonus and arrears in respect of various States and Union Territories is given in Table 2.03. Table 2.03(a) Percentage Distribution of Annual Earnings of Employees in Manufacturing Industries by Components during the Year 2009 Sl.No 1 1 2 3 4 5 6 7 State/Union Territory Basic wages Cash allowances Money value of concessions Bonus Arrears 2 Andhra Pradesh Haryana Himachal Pradesh Manipur Rajasthan Tripura 3 96.84 100.00 88.46 100.00 91.51 99.75 4 0.00 0.00 11.30 0.00 4.07 0.00 5 0.00 0.00 0.00 0.00 0.00 0.00 6 3.16 0.00 0.00 0.00 2.55 0.25 7 0.00 0.00 0.24 0.00 0.03 0.00 A & N Islands All Above States/ U.Ts 100.00 96.15 0.00 1.08 0.00 0.00 0.00 2.60 0.00 0.02 N.B. Returns not been received from rest of the States/Union Territories. Source: Annual Returns under the Payment of Wages Act, 1936 received from States/UTs Table 2.03(b) Percentage Distribution of Annual Earnings of Employees in Manufacturing Industries by Components during the Year 2010 Sl.No State/Union Territory 1 1 2 3 4 5 6 7 2 Goa Haryana Himachal Pradesh Manipur Rajasthan Tripura A & N Islands All Above States/ U.Ts Basic wages 3 66.11 100.00 84.28 100.00 92.34 99.94 100.00 90.70 Cash allowances 4 6.93 0.00 15.51 0.00 5.58 0.00 0.00 5.76 Money value of concessions 5 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Bonus Arrears 6 26.77 0.00 0.00 0.00 2.07 0.06 0.00 3.47 7 0.19 0.00 0.21 0.00 0.01 0.00 0.00 0.07 N.B. Returns not received from rest of the States/Union Territories till the finalisation of the Year Book. 47 Table 2.03(a) shows that during the year 2009, Basic Wages with 96.15 percent has the highest share in Annual Earnings of Employees in Manufacturing Industries followed by Bonus (2.60 percent), Cash allowances (1.08 percent), arrears (0.02 percent) and Money value of concessions (0.00 per cent). Similarly, Table 2.03(b) shows that during the year 2010, Basic Wages with 90.70 percent has the highest share in Annual Earnings of Employees in Manufacturing Industries followed by Cash allowances (5.76 percent), Bonus (3.47 percent), arrears (0.07 percent) and Money value of concessions (0.00 per cent). (B) Statistics on Average Daily Earnings of Workers collected through Annual Survey of Industries (ASI), under Collection of Statistics Act, 1953. Data on worker‘s Earnings is collected through the Annual Survey of Industries (ASI) under the Collection of Statistics Act, 1953 every year. Data under the Survey (ASI) is collected and released under two heads, viz. Census Sector and Sample Sector. Coverage under these two sectors has been explained in Chapter-I under the heading Absenteeism. The latest year for which data on Earnings has been collected and disseminated pertains to the year 2009-10. Data presented in this chapter correspond to both Census and Sample Sectors combined. For the purpose of the Survey, the term ‗Earnings‘ has been defined as ―all remuneration capable of being expressed in terms of money which would, if the terms of employment (expressed or implicit) were fulfilled, be payable more or less regularly for each pay period whether conditional upon regular attendance, good work, conduct or behaviour of the person employed or otherwise to a person in respect of his employment or work done in such employment‖. This include basic wages, dearness allowances, compensatory, house rent, other allowances and regular bonuses such as production bonus, attendance bonus, incentive bonus, etc., which are paid more or less regularly for each pay period. It does not include profit sharing, festival, year-end and other bonuses which are paid at less frequent intervals. The statistics relate to gross earnings before deductions for fines, damages, taxes, contributions to provident fund, employee's state insurance, etc. The statistics of average gross daily earnings of workers per manday worked by States/Union territories and by major industry groups (as per NIC-2008) for the years 2008-09 and 2009-10 have been presented Tables 2.04 (a) and 2.04 (b) respectively. At all India level, the average daily earnings per manday worked for all workers was estimated at Rs. 219.56 in the year 2009-10 as compared to Rs 191.28 in 2008-09. During the year 2009-10, the highest and lowest average earnings per manday worked was recorded at Rs. 557.36 and Rs. 77.05 respectively in industry groups ‗291–Manufacture of motor vehicles‘ and ‗151– Tanning and dressing of leather; Manufacture of luggage, handbags, saddlery and harness; dressing and dyeing of fur‘. Among the states, highest (Rs. 371.71) and lowest (Rs. 75.41) average earnings per manday worked for all workers, was recorded in Jharkhand and Nagaland respectively during the year 2009-10. 48 Table 2.04(a) Average Earnings per Manday Worked in Industries (3-digit level of NIC-2008) during the years 2008-09 and 2009-10 Sl. No. NIC Code 1 1 2 016 2 089 3 101 4 102 5 103 6 104 7 105 8 106 9 107 10 108 11 110 12 120 13 131 14 139 15 141 16 142 17 143 18 151 19 152 20 161 21 162 22 170 23 181 24 182 Year 3 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 Average Daily Earnings by Directly Employed Workers Contract workers Men Women 4 5 7 124.39 101.03 127.80 101.37 122.61 141.69 145.26 122.27 135.57 109.78 108.68 156.69 219.32 146.75 197.48 229.15 172.72 203.01 138.07 105.14 127.91 166.66 129.22 149.33 177.53 91.48 132.22 173.68 126.25 164.41 133.87 112.83 161.62 154.00 109.17 162.55 253.35 185.66 154.25 330.57 207.92 181.63 131.26 92.53 138.99 126.36 112.59 147.72 182.76 89.12 139.09 191.73 95.78 156.90 167.49 139.23 134.47 195.49 126.08 162.83 241.24 151.55 165.51 254.58 151.95 185.99 141.03 68.73 59.03 176.45 80.13 61.57 164.92 94.84 165.01 184.97 116.34 178.67 168.43 137.37 152.03 182.50 135.61 183.77 162.32 125.78 196.88 167.58 131.72 179.50 180.11 355.00 131.95 150.43 104.19 175.00 166.23 147.08 177.46 180.01 157.93 142.54 153.18 119.76 172.57 54.96 137.16 195.44 147.44 97.52 182.38 183.63 121.47 269.00 155.18 87.08 152.61 119.45 90.52 134.87 152.05 121.75 174.00 151.12 97.47 180.58 210.17 105.29 145.41 242.87 125.13 167.93 212.29 121.84 161.53 245.98 140.02 217.83 188.92 131.28 161.79 49 All Workers 8 121.08 117.76 136.65 148.07 203.54 214.85 125.16 148.56 138.98 160.92 145.08 155.81 219.14 269.42 130.37 132.02 148.00 159.00 154.74 182.25 201.88 217.42 74.24 83.34 153.44 172.76 158.75 174.44 149.49 153.47 278.66 146.16 159.80 169.54 151.12 77.05 134.16 174.42 142.45 115.64 155.66 155.08 184.64 213.96 199.79 232.95 164.96 25 191 26 192 27 201 28 202 29 203 30 210 31 221 32 222 33 231 34 239 35 241 36 242 37 243 38 251 39 252 40 259 41 261 42 262 43 263 44 264 45 265 46 266 47 267 48 268 49 271 50 272 51 273 52 274 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 645.40 313.67 408.93 292.84 1109.63 286.69 443.75 216.77 241.91 441.69 346.72 260.60 294.01 193.37 334.62 136.98 209.72 218.15 226.39 206.06 213.01 337.07 326.09 222.41 671.59 221.25 260.31 237.44 325.96 209.93 161.50 205.28 213.57 245.62 316.75 291.43 303.94 284.91 325.15 293.19 330.20 354.34 349.14 207.83 379.53 233.46 257.32 269.32 341.98 304.91 398.21 274.30 349.89 258.19 247.22 222.46 310.27 519.10 367.09 236.95 156.35 213.77 73.20 87.20 152.34 152.87 218.54 214.74 160.32 175.45 90.11 117.10 128.39 148.06 111.48 121.68 501.39 234.21 141.49 542.29 144.41 170.36 149.69 223.47 178.49 135.79 131.59 150.28 205.67 220.89 276.51 276.91 258.81 252.15 271.88 280.76 209.26 207.85 178.21 317.33 180.06 186.13 293.11 214.39 215.07 258.16 154.31 212.03 169.48 178.77 159.67 50 193.47 142.57 170.01 169.93 260.16 152.44 206.25 162.04 173.89 219.52 234.99 182.80 198.50 80.99 204.35 148.94 174.85 152.83 161.73 148.69 155.48 175.13 191.63 142.05 169.30 178.60 190.95 146.89 211.69 156.29 127.90 154.44 178.09 160.27 179.28 194.07 252.82 187.91 499.41 185.13 220.91 203.16 225.49 171.03 206.80 148.74 144.76 176.84 162.26 185.42 235.38 182.09 191.50 169.75 175.55 177.15 380.60 259.54 359.58 240.53 529.17 237.04 345.05 166.21 186.91 405.77 328.72 228.76 249.15 152.59 294.51 136.21 192.28 196.15 202.44 174.53 181.35 282.78 275.09 208.26 480.30 206.37 232.11 195.92 268.38 202.03 150.67 187.86 200.91 221.27 269.35 248.01 278.11 250.79 458.29 254.76 293.74 301.15 301.03 190.33 326.04 219.95 239.08 273.98 194.62 264.22 334.43 238.04 302.84 225.89 218.06 198.33 53 275 54 279 55 281 56 282 57 291 58 292 59 293 60 301 61 302 62 303 63 304 64 309 65 310 66 321 67 322 68 323 69 324 70 325 71 329 72 331 73 332 74 351 75 352 76 353 77 360 78 370 79 381 80 382 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 250.54 214.80 244.94 202.05 195.00 315.24 379.50 287.40 314.27 396.10 622.44 199.63 194.82 262.80 293.88 507.22 597.54 295.47 297.31 193.49 372.20 164.81 150.57 266.70 320.18 249.16 276.16 274.87 295.89 152.05 177.77 146.59 154.25 159.45 163.57 217.02 228.54 179.61 193.64 272.52 336.33 306.71 321.32 325.66 276.20 185.23 325.97 212.33 285.10 243.55 312.13 213.87 277.44 234.27 339.55 174.85 178.27 143.54 165.26 184.79 172.77 162.76 273.64 217.93 240.01 583.43 595.86 126.38 241.92 160.39 213.23 405.52 540.83 233.67 263.03 265.71 405.26 286.29 237.13 235.54 232.21 87.12 146.04 200.91 190.27 119.92 162.18 91.11 135.77 134.98 141.34 217.56 218.61 101.01 116.94 323.95 276.22 199.70 207.07 111.99 176.78 236.84 250.36 73.80 93.92 413.05 125.28 39.11 51.82 51 191.71 178.45 205.61 165.61 197.33 238.62 384.86 203.34 207.01 323.52 204.90 187.70 224.86 201.29 221.37 332.90 368.20 119.74 159.63 263.94 253.60 216.94 245.86 197.99 235.83 201.16 203.83 273.90 303.22 95.61 181.28 154.51 170.47 142.63 169.39 164.42 193.92 154.69 172.97 210.84 274.28 186.87 178.24 106.12 251.13 117.29 215.65 172.22 163.66 109.08 262.50 177.34 181.70 267.21 152.19 219.92 196.33 225.35 190.59 194.10 288.09 378.90 266.04 287.38 384.00 557.36 192.34 212.08 237.32 263.12 386.04 447.68 231.81 252.41 198.19 342.33 178.65 159.36 242.52 289.05 232.90 251.57 265.69 284.73 145.83 175.51 138.72 152.95 153.13 160.56 210.76 222.61 150.27 164.84 257.35 316.52 277.83 249.27 217.16 260.51 149.54 260.97 202.18 242.83 178.02 298.17 221.65 223.41 188.01 268.46 167.30 81 383 82 390 83 400 All-India 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 272.90 189.69 179.68 205.24 219.95 223.38 254.45 135.52 103.54 86.53 236.75 171.45 118.37 131.67 245.55 134.93 163.65 211.00 181.00 175.65 185.02 157.02 189.28 259.79 167.41 174.89 211.00 181.00 199.98 212.50 191.28 219.56 Note: Details of Industries may be seen in Table 1.23 Table 2.04(b) Average Earning per Manday Worked in States during the year 2008-09 and 2009-10 Sl No. State/UT‘s Years 1 1 2 2 Jammu & Kashmir Himachal Pradesh 3 Punjab 4 Chandigarh 5 Uttarakhand 6 Haryana 7 Delhi 8 Rajasthan 9 Uttar Pradesh 10 Bihar 11 Sikkim 12 Nagaland 13 Manipur 14 Tripura 15 Meghalaya 16 Assam 17 West Bengal 18 Jharkhand 3 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 Average Earning per Manday Worked (Rs.) by Directly employed Workers Contract All Workers Workers Men Women 4 5 7 8 143.76 94.52 133.49 136.48 175.50 125.94 152.55 163.45 138.05 68.01 120.14 127.47 185.67 170.81 161.97 178.03 150.05 141.31 141.94 148.20 183.78 150.22 153.48 176.26 246.94 243.83 158.16 231.46 261.03 230.86 172.24 246.81 259.71 146.67 241.08 248.88 288.49 176.87 174.97 234.46 222.70 157.38 211.82 216.36 235.58 199.18 275.19 254.20 159.04 127.06 164.10 157.49 187.88 166.85 193.33 187.58 188.50 104.93 158.51 176.98 211.06 118.19 174.56 197.96 200.26 155.76 136.61 178.69 180.46 173.15 159.23 174.44 200.28 96.42 110.89 165.47 231.13 152.99 128.93 177.43 215.03 158.09 130.62 163.65 80.16 71.92 82.88 80.88 95.52 17.95 85.52 75.41 101.21 88.12 96.76 95.75 113.37 104.87 125.05 113.87 152.86 86.56 86.23 102.48 176.63 29.72 100.25 115.43 110.81 114.31 217.16 137.93 200.43 245.77 200.70 201.93 102.09 65.84 175.07 108.89 162.68 119.43 135.97 157.23 230.62 266.94 148.63 214.22 225.69 168.63 175.63 212.43 414.38 342.45 130.52 370.92 411.47 413.31 170.22 371.71 52 19 Orissa 20 Chhattisgarh 21 Madhya Pradesh 22 Gujarat 23 Daman & Diu 24 D & Nagar Haveli 25 Maharashtra 26 Andhra Pradesh 27 Karnataka 28 Goa 29 Kerala 30 Tamil Nadu 31 Pondicherry 32 A & N Islands All India 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 2008-09 2009-10 272.35 328.69 165.83 267.65 227.50 264.14 215.37 253.98 174.13 195.36 178.15 203.60 325.80 357.20 209.75 259.69 248.45 291.12 351.09 392.48 280.00 307.12 195.36 245.90 213.67 248.93 217.53 172.95 223.38 254.45 123.11 117.66 101.62 202.78 146.09 161.48 146.89 168.26 116.31 116.27 117.92 136.44 143.47 155.04 114.48 124.70 134.37 137.93 166.75 220.12 99.09 104.66 106.59 123.20 124.83 169.94 149.86 168.79 118.37 131.67 150.35 156.38 144.93 158.76 175.09 169.74 157.30 200.99 140.10 185.80 169.47 187.71 190.33 216.06 103.49 128.74 191.77 211.32 232.84 260.61 129.85 150.74 163.29 246.17 162.74 161.65 387.00 318.93 157.02 189.28 222.07 238.29 158.63 230.64 210.06 232.00 190.82 231.79 161.01 183.67 173.01 194.07 268.50 295.37 151.04 185.99 200.89 226.58 274.99 327.24 166.54 184.93 161.97 204.94 186.26 212.83 228.59 185.51 191.28 219.56 Constitution of Wage Boards In all 27 Wages Boards have so far been set up by the Government of India in respect of 19 industries of manufacturing, mining and plantation sectors. In the 1950s and 60s when the organised labour sector was at a nascent stage of its development without adequate unionisation or with trade unions without adequate bargaining power, Government in appreciation of the problems which arise in the arena of wage fixation, constituted various wage Boards. The Wage Boards are tripartite in character in which representatives of workers, employers and independent members participate and finalise the recommendations. The utility and contribution of the Wages Boards in the present context are not beyond question. Except for the Wage Boards for Journalists & Non-Journalists, Newspapers and News-agency Employees, which are statutory Wage Boards, all other Wage Boards are nonstatutory in nature. Therefore, recommendations made by these Wage Boards are not enforceable under Law. The importance of the non-statutory Wage Boards has consequently declined over a period of time and no non-statutory Wage Boards have been set up, except for Sugar industry, where last such Wage Board was constituted in 1985. The trade unions having grown in strength in these industries are themselves able to negotiate their wages with the management. Wage Boards for Newspaper Employees The Working Journalists and other newspaper Employees (conditions of Service) and Miscellaneous Provisions Act, 1955 provides for regulation of conditions of service of working journalists and other persons employed in newspaper establishments. The Section 9 and 13 C of the Act, inter alia, provides for setting up of Wage Boards for fixation and revision of rates of wages in 53 respect of working journalists and non-journalists newspaper/news agency employees respectively. According to the Act, Wage Boards shall consist of the following: 1. 2. 3. Three persons representing employers in relation to newspaper establishment; Three persons representing working journalists for Wage Board under Section 9 and three persons representing non-journalists newspaper employees for Wage Board under Section 13 C of the Act. Four independent persons, one of whom shall be person who is or has been a judge of High Court or the Supreme Court and who shall be appointed by the Government as the Chairman thereof. The Act does not lay down the periodicity for constituting the Wage Boards. The Wage Boards for such employees were set up in the years 1956, 1963, 1975, 1985 and 1994. Two Wage Boards for (i) Working Journalists and (ii) Non-Journalists & News-paper and News Agency employees were also constituted on 22nd Sept. 1994 under the common Chairmanship of Retired Chief Justice Rajkumar Manisana Singh in November, 1994. The Manisana Wage Board submitted final recommendations to the government on 25.7.2000. The Govt. after examining the recommendations of the Boards decided to accept them in toto with some minor modifications. Notification to this effect was issued in the official gazette during 2000. The Government has constituted two new wage Boards one for Working Journalists and other for Non-Journalists Newspaper Employees under Section 9 and 13 C respectively of the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act 1955 vide notification in the Gazette of India (Extra Ordinary) S.O. Nos. 809 (E) and 810 (E) dated 24.05.2007. The Wage Boards have been given three year time to submit their reports to the Union Government. The Wage Boards were functioning from their Headquarters at New Delhi. The Government in exercise of power conferred by sub-section (1) of the Section 13(A) and 13(D) of the Working Journalists and Other Newspaper Employees (Conditions of the Service) & consultation with the Wages Boards for Working Journalists and Non Journalists Newspaper Employees has notified for grant of interim rates of wages to journalists and other newspaper employees and news agency employees @ 30% of the basic wage w.e.f 08.01.2008 vide Notifications No. SO 2524(E) and SO No. 2525(E) dated the 24.10.2008. The Government has appointed Justice G.R Majithia, retired Judge of High Court of Bombay as common Chairman of the two wage Boards in place of Justice K. Narayana Kurup who resigned w.e.f. 31.08.2008. Justive G.R. Majithia has assumed charge on 04.03.2009. The Central Goverment in excises of powers conferred by Section 9 & 13 C of the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955), has extended the tenure of the Wage Board for Working Journalists and Non-Journalists Newspaper Employees under the Chairmanship of Justice Gurbax Rai Majithia upto 31.12.2010. The Boards have submitted their Reports to the Government on 31.12.2010. 2. Mines (A) Coal Mines The wage rates for the workers employed in Coal Mining industry have been prescribed by the Central Wages Board for Coal Mining Industry. Wages in Coal Sector The wage structure and other conditions of service (including fringe benefits, welfare measures, etc.) of the unionised employees (other than executives) in the coal industry are settled by negotiations in the ‗Joint Bipartite Committee for the Coal Industry‘ (JBCCI). The agreement signed by the JBCCI is applicable to the unionized employees of entire Coal Sector, viz, Coal India 54 Ltd. And its subsidiaries, Singareni Collieries Company and the Captive Coal mines of TISCO and IISCO. The Government of India setup a Joint Bipartite Committee for Coal Industry (JBCCI) consisting of 5 Central Trade Unions and the Management of Coal Companies in 1983 to review the wage structure of workmen in coal industry. Since then eight wage negotiations have been concluded. JBCCI VIII was constituted by Coal India Limited on 18.5.2007. Under JBCCI-VIII, Nation Coal Wage Agreement-VIII was finalized on 24th January, 2009. Periodicity of which is for 5 years i.e. from 01.07.2006 to 30.06.2011. Payment of revised wages/ salary as per NCWA-VIII to the non executive employees on CIL and its Subsidiary Companies covered under NCWA has been started from the salary of April, 2009. (B) Statistics of Per Capita Annual Earnings Collected under the Mines Act, 1952 Director General Mines Safety (DGMS) collects and maintains serial statistics on earnings of employees in mines. For coal mines, such statistics relate to per capita weekly earnings and are available on monthly basis. The monthly returns on coal mines give average daily attendance, total wages and other payments made in cash for work done on any complete working week of the month. The per capita weekly cash earnings are then computed by dividing the total payments by average daily employment during the week. For mines other than coal, statutory returns showing the above data are also collected by the D.G.M.S. Based on these statistics the DGMS compiles index numbers of money earnings for workers employed in different mining industries. Table 2.05 Index Numbers of Money Earnings of Mining Workers in Different Mining Industries Mineral and State 2003 1 2 A. COAL (Base year 1985= 100) Andhra Pradesh 704.78 Assam 740.74 Chhattisgarh** 738.18 Gujarat 1370.36 Jharkhand * 842.62 Jammu & Kashmir 1057.87 Madhya Pradesh 701.98 Maharashtra 872.94 Orissa 857.69 Tamil Nadu 737.88 Uttar Pradesh 555.86 West Bengal 695.48 Total Coal 746.87 2004 3 2005 4 2006 5 2007 6 2008 7 705.48 777.78 789.85 1534.80 893.18 1058.93 706.19 929.68 934.88 743.04 566.97 744.16 787.95 833.69 725.80 794.19 1433.14 558.93 1188.79 746.21 905.71 865.63 743.04 622.55 770.20 853.50 855.38 892.19 1072.822 1547.97 988.74 1149.20 1050.40 1119.39 838.99 796.22 792.49 881.82 964.15 1057.57 1221.76 1371.68 1898.43 1131.92 1129.88 1178.79 1502.50 1050.95 651.38 858.69 1149.45 1379.86 1067.67 1399.27 1415.04 2001.14 1202.42 1171.55 1390.98 1756.67 1175.23 618.78 847.62 1161.26 1471.44 55 Table 2.5 Contd. 1 2 3 4 B. MINERALS OTHER THAN COAL (Base year 1975=100) BAUXITE Jharkhand * 2136.82 Gujarat 1447.50 Madhya Pradesh 1534.80 CHINA CLAY, CLAY WHITE CLAY Jharkhand * 2194.96 Gujarat 1990.19 CHROMITE Orissa 1795.03 COPPER Jharkhand * 2103.21 Rajasthan 1905.71 DOLOMITE Chhattisgarh 705.71 Madhya Pradesh 637.45 Orissa 697.36 FIRE CLAY Jharkhand * 1407.70 Bihar Madhya Pradesh Orissa 1031.74 GALENA AND SPHALERITE Rajasthan 1798.92 GOLD Karnataka 1403.92 GYPSUM Rajasthan 1304.37 IRON ORE Jharkhand * 1735.10 Goa 1907.95 Karnataka 2147.59 Chhattisgarh ** 2537.60 Orissa 1574.73 LIMESTONE Bihar 1675.85 Chhattisgarh 2032.40 Jharkhand* 1217.51 Madhya Pradesh 1480.09 Orissa 800.95 Rajasthan 1512.22 Tamil Nadu 1267.92 MAGNESITE Tamil Nadu 2157.77 MANGANESE Karnataka 1636.58 Madhya Pradesh 1573.36 Maharashtra 2508.35 Orissa 1564.37 MICA Andhra Pradesh 1610.59 Bihar Jharkhand* 1049.39 5 6 7 2898.62 1453.77 1568.77 2975.66 1457.85 1498.33 3000.06 1474.92 1498.79 3819.00 1482.58 1498.79 4979.22 1575.11 1467.11 2460.84 2433.42 2494.95 2894.53 2809.57 2936.66 2669.81 2895.09 2716.65 2991.17 2069.53 2148.03 2078.23 2272.56 2300.13 2103.21 2061.30 2103.21 2003.44 2152.21 2322.13 2832.65 705.71 675.86 697.36 791.65 1132.25 620.97 1489.20 620.97 1575.33 1419.40 1290.57 1575.33 1426.69 1750.41 1407.00 1961.42 105483 1407.70 1961.42 1079.46 1115.89 971.48 869.97 683.21 1590.53 1626.31 2269.26 2497.11 1403.92 1401.55 1407.61 1407.61 1428.38 1379.18 1463.51 1479.73 2241.12 3261.73 1642.85 1949.01 2247.26 2591.97 1625.56 1631.60 1951.46 2284.08 2619.00 1566.71 1924.88 2000.25 2383.96 1801.98 3571.46 1996.99 2551.42 3674.26 1857.24 3485.90 2861.85 2556.10 4735.94 2408.25 1675.85 1957.18 1283.71 1369.33 803.69 1338.71 1246.78 1763.93 1970.33 1610.73 1497.10 810.79 1618.49 1544.18 1784.53 2223.56 1717.18 1578.33 1642.05 1454.35 1853.30 2304.19 1763.88 1923.85 139.45 1426.82 1424.91 1925.82 2671.62 2308.84 2470.90 1107.60 1707.24 1559.00 2548.02 2517.73 2563.45 2563.45 3646.95 1512.01 1561.16 2462.15 1461.50 1601.14 1573.95 2581.24 1478.80 1665.40 1576.72 2646.31 1867.08 1697.63 2949.16 3811.62 1876.24 2258.31 2404.68 4680.50 1904.58 1623.79 82.68 1049.39 1702.20 1049.39 1726.07 1226.16 1776.53 1226.16 2101.17 1196.81 56 Table 2.5 Concld.. 1 STEATITE Rajasthan STONE Bihar Gujarat Jharkhand* Maharashtra METALLIFEROUS (All India) - = NIL 2 3 4 5 6 7 1724.13 1879.11 1893.54 1937.68 1942.00 2102.03 1403.95 1232.99 1784.43 1131.22 1403.95 1232.99 1763.06 1132.68 1403.95 1232.99 1707.61 1135.44 1714.21 1139.58 2041.67 1177.29 1585.99 2032.69 1199.92 1756.58 1697.16 1783.23 1848.27 2151.50 2327.76 * = Mines were in Bihar prior to 2000 ** = Mines were in Madhya Pradesh prior to 2000 Source: Director General Mines Safety Dhanbad The average weekly cash Index of Money Earnings in Coal Mines increased from 1379.86 in 2007 to 1471.44 during 2008. The index of money earrings of workers employed in Minerals other than Coal has also gone up from 2151.50 in 2007 to 2327.76 in 2008. The average weekly cash earnings of workers in Coal Mines (Miners, Loaders and Overall, All Categories) by States for the month of December, 2007 and December, 2008 have been presented in Table 2.06. Table 2.06 Average Weekly Cash Earnings in Coal Mines during December, 2007 and 2008 (in Rs.) State/ Major Field 1. Andhra Pradesh Assam Chhattisgarh Jharkhand Jammu & Kashmir Madhya Pradesh Maharashtra Orissa Uttar Pradesh West Bengal Gujarat (lignite) Rajasthan(lignite) Tamil Nadu (lignite) All India Below ground 2007 2008 4512 4561 4147 4628 4724 4692 3515 3763 1194 1273 4896 5228 5973 6805 3613 3239 4186 4345 4288 4401 Miners And Loaders Open cast 2007 2008 3253 5337 4299 4767 3138 4332 4009 4142 5041 4003 1259 1287 3000 3000 2376 2846 639 629 3206 4142 Over all (All Categories) 2007 2008 4036 4099 4808 5483 4740 5026 3469 3650 1386 1425 4158 4889 4527 5246 3413 3734 3708 3639 3689 3642 3923 4022 1272 1175 5838 5716 3973 4282 - = Nil Source: Ministry of Labour and Employment, Directorate General of Mines and Safety 3. PLANTATIONS The wage rates of workers employed in plantations were earlier prescribed by the Central Wage Boards for Tea, Coffee and Rubber plantations and their recommendations were accepted by the Government of India. Over a period of two decades a number of bilateral and tripartite wage agreements have taken place determining the wages in these plantations. Statistics of per capita 57 annual earnings of plantation workers under the Payment of Wages Act, 1936 as available in the Bureau are given in Table 2.07. Table 2.07 Per Capita Annual Earnings in Plantations during 2009-2010 State/Union Territory 1 Andhra Pradesh Haryana Himachal Pradesh Rajasthan A & N Islands Total No. of Estates covered 2009 2010 2 3 1399 65 61 0 0 315 19 19 1798 80 No. of reporting estates 2009 2010 4 5 578 3 2 45 2 20 8 8 654 12 Average daily employment 2009 2010 6 7 17571 20 16 7664 100 439 296 90 25990 206 Per Capita annual earnings(Rs.) 2009 2010 8 9 31567 56400 77620 83847 62264 34349 79358 84333 47594 73098 - = Nil Source: Annual returns under the Payment of Wages Act, 1936 4. TRANSPORT AND COMMUNICATIONS (i) Railways Statistics of average annual wage per employee in Railways are given in Table 2.08 during the year 2009-2010 and 2010-2011. The total number of personnel decreased from 1362000 to 1328000. The average annual wage per employee increased from Rs. 382472 in 2009-10 to 407448 in 2010-11. Table 2.08 Annual Average Wage per Employee in Railways Item 1 a) Total Number of personnel (‗000) b) Average Annual Wage per employee (in Rs.) 2009-2010 2 1362 382472 2010-2011 3 1328 407448 Source : Indian Railway‘s Annual Report and Accounts 2010-2011 (ii) Department of Post: The pay scales have been revised in Department of Post w.e.f. 01.01.2006. 5. CENTRAL GOVERNMENT EMPLOYEES The data in respect of earnings of the Central Government Employees are being collected, compiled and published by the Director General of Employment and Training, New Delhi. The information covers all persons actually holding civilian posts in and under the Central Government on 31st March of each year, whose pay and allowances, honorarium or any other remuneration are paid out of the Consolidated Fund of India. Casual labour, is however, excluded. Dearness Allowance paid to the Central Government Employees Dearness allowance to the Central Government Employees belonging to group A, B, C and D is being paid as per the recommendations of the Sixth Central Pay Commission accepted by the Government. 58 6. EMPLOYEES COVERED UNDER MINIMUM WAGES ACT, 1948 On the recommendation of the 8th Standing Labour Committee, the Minimum Wages Bill was introduced in the Central Legislative Assembly on 11.04.1946 to provide for fixation of minimum wages in certain employments. The Minimum Wages Bill was passed by the Indian Dominion Legislature and came into force on 15th March 1948. Under the Act both State and Central Government are ―Appropriate Governments‖ for fixation/revision of minimum rates of wages for employments covered by the Schedule to the Act. The minimum rates of wages also include Special Allowance i.e. Variable Dearness Allowance (VDA) linked to Consumer Price Index Number, which is revised twice a year effective from April and October. The Minimum Wages Act, 1948 is applicable to workers in the sweated industries. It empowers both Central and State Governments to fix/revise the minimum rates of wages for the scheduled employments under their respective jurisdiction. The Act also provides for setting up of enforcement machinery to secure compliance with the provisions of the Act. In order to have a uniform wage structure and to reduce the disparity in minimum wages across the country, the concept of National Floor Level Minimum Wage was mooted on the basis of the recommendations of the National Commission on Rural Labour (NCRL) in 1991. Keeping in view the recommendation of NCRL and subsequent rise in price indices, the National Floor Level Minimum Wage was fixed at Rs. 35/- per day in 1996. The Central Government raised the National Floor Level Minimum Wage to Rs. 40/- per day in 1998 and further to Rs. 45/- with effect from 01.12.1999, and Rs. 50/- per day with effect from 1.9.2002. Based on the norms suggested by the Working Group and its acceptance by the Central Advisory Board subsequently in its meeting held on 19.12.2003, national floor level minimum wage was revised upward to Rs. 66/- per day with effect from 1.02.2004 and subsequently it was increased to Rs. 80.00 per day with effect from 1.9.2007. The Central Government has increased the National Floor Level Minimum Wage from Rs. 80/- to Rs. 100/- per day with effect from 1.11.2009. The National Floor Level Minimum Wages has since been increased to Rs. 115/-. The National Floor Level Minimum Wage, however, has no statutory backing. The State Governments are persuaded to fix minimum wages such that in none of the scheduled employments, the minimum wage is less than National Floor Level Minimum Wage. 7. WAGES OF AGRICULTURAL LABOUR In pursuance of the recommendations of the Technical Working Group on Rural Retail Prices set up by the NSSO, the wage rate data on eighteen agricultural and non-agricultural occupations are being collected w.e.f. July, 1986. The Group felt that the regular wage data for rural workers are of paramount importance for drawing up and implementation of wage policy. This data was also found useful in the estimation of State/National Income and in studies on cost of cultivation of crops. In view of its vital importance, the Group suggested to collect the wage rate of large set of occupations from a suitable selected sample of villages in various states so that a fairly representative picture of wage situation is available for the entire country on a continuous (monthly) basis. Village functionaries like Panchayat Secretary, Progress Assistant, Patwari and other Village or Block Officials are the primary informants for collection of data on wage rates. The regular compilation and publication of data was, however, effected from April, 1998. All-India average daily wage rates, occupation and sex-wise, in respect of 11 agricultural and 7 nonagricultural occupations for 12 months of the agricultural year 2010-2011 and 2011-12 are presented in Tables 2.09 (a) to 2.09 (d) respectively. 59 Table 2.9 (a) All-India Average Daily Wage Rates for Agricultural Occupations for the Agricultural Year 2010-2011 (July-June) (in Rs.) Ploughing Month July August September October November December January February March April May June Men 131.36 132.20 137.31 140.56 142.70 144.78 148.16 151.26 153.07 154.51 156.63 153.60 Month July August September October November December January February March April May June Men 116.55 111.86 112.73 113.05 117.00 118.37 123.48 124.04 123.04 123.79 127.74 130.66 Month July August September October November December January February March April May June Men 106.97 106.53 111.16 115.53 115.85 112.23 117.95 123.38 122.68 127.63 128.12 125.27 Women Children 81.33 74.25 84.50 86.25 91.25 93.75 83.18 88.00 89.55 83.00 82.27 @ 109.41 @ Transplanting Sowing Men 116.21 116.00 118.75 120.94 122.57 123.02 127.21 129.80 130.79 132.84 135.84 135.06 Women Children Men 98.21 80.83 112.21 95.52 68.49 111.52 97.12 66.60 115.54 98.55 67.71 120.40 101.09 71.56 119.68 103.71 72.56 122.10 107.94 75.90 122.60 107.54 71.79 124.42 108.01 70.41 127.18 107.82 72.24 128.79 109.10 72.40 132.44 115.42 80.27 133.51 Threshing Women Children Men 85.81 53.13 116.69 87.14 60.00 106.36 90.86 55.00 113.73 92.78 56.88 123.65 93.76 61.50 118.30 94.02 66.50 121.50 100.09 67.22 122.33 100.54 66.11 123.75 99.30 70.63 122.31 108.32 83.75 124.43 105.47 82.22 130.23 106.89 74.00 129.87 Women Children 89.33 62.65 89.65 67.50 95.09 82.12 95.50 75.45 98.60 63.00 99.87 65.50 98.96 69.09 101.19 68.50 100.87 72.78 101.94 74.24 103.75 74.24 103.31 72.62 Harvesting Weeding Men 102.71 101.44 105.82 107.18 109.39 112.11 114.02 115.03 115.59 114.87 117.61 118.93 Women 86.51 85.41 90.15 91.85 94.37 95.92 97.39 99.85 100.52 100.65 102.32 104.59 Winnowing Children 65.20 68.77 70.67 70.03 70.68 70.31 69.71 73.19 73.31 76.03 75.19 78.03 Women Children Men Women Children 94.07 66.54 105.52 86.52 @ 94.05 66.19 105.66 88.32 48.33 96.56 65.10 111.06 92.20 @ 99.72 67.13 112.49 92.24 69.45 98.59 69.97 112.43 92.15 69.33 101.95 71.80 109.80 93.45 55.33 102.76 77.66 114.01 98.51 55.33 104.15 78.30 117.42 99.95 59.45 106.67 74.59 115.11 97.89 59.45 109.51 72.23 114.14 96.67 @ 109.70 71.44 117.85 99.92 @ 110.61 69.95 118.36 100.13 54.00 Picking * Herdsman Women Children Men Women Children 95.13 58.50 69.23 54.86 47.94 87.85 62.57 70.32 54.50 49.14 96.26 75.90 74.04 56.76 52.86 102.70 86.26 75.39 57.85 54.86 103.11 81.17 76.88 58.74 54.98 103.73 78.71 77.57 60.37 54.70 105.84 81.88 78.65 61.24 55.95 105.73 81.33 78.74 62.56 56.41 103.83 84.46 79.62 62.75 56.27 103.21 80.23 81.30 65.45 56.64 101.42 86.63 81.46 64.23 56.93 105.44 82.14 82.83 65.88 56.91 60 Month July August September October November December January February March April May June Men 155.21 158.05 164.74 165.24 167.57 166.14 171.35 172.93 177.87 178.28 180.77 185.74 Well digging Women 83.97 85.97 89.03 89.53 92.68 94.31 95.86 93.93 95.86 100.00 100.52 104.00 Children @ Men 105.76 102.94 104.73 106.88 115.36 124.16 125.89 125.80 129.45 131.90 134.17 136.97 Cane Crushing Women 74.44 69.38 67.50 67.00 80.83 91.50 94.38 96.63 103.67 106.43 108.75 108.64 Children @ @ - = Not reported @ Number of quotations are less than five. * Picking includes picking of cotton bolls/seed pods, jute stalks and tea leaves etc. Table 2.9 (b) All-India Average Daily Wage Rates for Non-Agricultural Occupations for the Agricultural Year 2010-2011 (July-June) ( in Rs.) Month Men Carpenter Women Children July August September October November 182.00 183.15 186.74 189.40 191.34 - December January February March April May June 193.13 197.04 199.00 201.44 203.49 205.79 207.27 - Month July August September October November December January February March April May June @ @ @ @ @ Men @ @ @ @ @ @ @ Mason Women 200.32 201.64 205.22 207.32 208.94 210.82 214.87 218.15 220.26 222.50 225.64 227.21 @ @ @ @ @ @ @ @ @ @ @ @ Men Blacksmith Women Children Men Cobbler Women Children - @ @ @ @ @ 137.37 138.24 140.67 142.62 144.20 - @ @ @ @ @ 96.02 96.54 98.59 99.81 102.14 146.37 148.88 150.69 151.89 153.78 155.05 156.20 - @ @ @ @ @ @ @ Children - Children Men 103.31 105.35 105.94 107.93 111.40 113.43 113.54 Tractor Driver Women - 140.78 141.90 146.08 147.07 148.71 150.84 153.75 155.23 157.72 158.45 160.63 161.64 - 61 @ @ @ @ @ @ @ Month Men July August September October November December January February March April May June 75.91 75.50 77.62 78.91 85.29 86.03 90.35 87.96 89.28 89.79 92.63 93.29 Sweeper Women Children Men @ @ @ @ @ @ @ @ @ @ @ @ 113.24 113.28 115.86 119.15 120.83 121.84 124.09 125.70 127.33 129.49 131.06 132.33 79.78 81.64 83.46 81.97 84.30 84.70 86.73 86.40 87.45 89.53 92.76 93.10 Unskilled Labourers Women Children 86.22 86.56 88.05 89.83 91.42 92.87 94.89 95.89 96.75 98.64 99.97 101.60 57.97 56.77 58.07 59.37 60.68 60.47 63.11 63.48 64.24 64.73 65.90 67.05 Note:- The average daily wage rates at all-India level are derived by dividing the sum total of wages by number of quotations of all the states taken together. Not reported @ Number of quotations are less than five. Table 2.09 (c) All-India Average Daily Wage Rates for Agricultural Occupations for the Agricultural Year 2011-2012 (July-June) (in Rs.) Ploughing Month July August September October November December January February March April May June Men 159.89 160.91 161.50 163.22 168.27 169.98 173.78 176.59 177.11 176.86 178.84 178.65 Month July August September October November December January February March April May June Men 129.30 132.53 134.13 134.35 137.71 137.84 142.13 142.32 144.28 144.91 147.59 154.60 Women 99.33 92.14 95.38 102.50 109.50 108.45 102.09 95.00 98.18 82.86 91.11 112.47 Sowing Children @ @ @ @ @ @ - Transplanting Women Children 113.24 81.84 113.92 86.37 117.71 81.15 120.23 88.33 122.62 83.93 124.99 95.00 127.70 91.39 128.64 93.06 129.48 97.44 131.49 98.89 133.51 100.56 133.90 96.67 Men 140.33 142.14 142.43 145.23 150.14 150.32 153.32 156.52 158.22 160.42 162.61 163.12 Men 136.06 140.87 144.75 146.89 144.12 143.23 148.78 151.21 148.84 154.29 159.40 163.46 Women 106.83 110.85 113.07 115.35 120.05 119.97 122.72 124.28 123.93 128.21 128.28 128.14 Weeding Children 81.76 83.08 82.73 84.09 88.18 86.25 85.74 86.85 86.85 85.21 83.10 84.63 Harvesting Women Children 114.30 74.66 117.85 75.60 121.38 76.89 122.45 80.49 120.02 75.62 119.84 79.52 124.36 78.05 125.30 82.91 125.23 89.95 127.37 93.75 129.37 95.28 132.02 103.97 62 Men 123.27 126.88 126.35 125.73 129.70 132.94 136.60 136.83 139.33 141.32 143.05 146.05 Men 128.64 128.69 129.54 130.76 131.16 131.81 137.19 140.62 142.02 144.10 145.73 152.49 Women 109.20 109.99 108.54 110.96 115.03 117.59 118.70 120.70 122.09 124.57 126.50 128.16 Children 81.49 83.09 81.81 83.83 85.22 82.51 81.43 97.25 103.25 107.58 102.02 89.07 Winnowing Women Children 104.95 @ 109.15 64.00 109.89 @ 111.13 @ 108.27 60.00 109.92 @ 114.24 @ 115.54 62.00 118.56 62.00 120.10 76.67 121.02 75.00 126.03 @ Month July August September October November December January February March April May June Month July August September October November December January February March April May June Men 127.06 129.84 132.45 134.15 133.21 134.74 141.16 146.65 146.13 155.84 161.16 155.19 Threshing Women Children 107.74 64.29 108.95 58.00 113.69 58.00 116.17 71.43 109.13 63.75 110.26 66.67 114.92 73.33 118.33 76.25 118.11 88.75 121.57 76.25 126.89 72.86 123.27 79.52 Well digging Women 115.58 117.80 118.70 122.50 121.52 124.60 118.70 117.50 117.50 116.25 120.76 120.16 Men 197.33 199.86 202.35 204.66 204.63 209.43 208.82 208.60 212.44 213.11 217.67 219.72 Men 137.50 153.27 155.06 157.01 141.84 138.63 144.62 147.17 139.03 140.18 142.42 143.29 Picking * Women Children 111.21 @ 114.90 79.40 116.12 82.40 118.41 83.14 111.76 91.09 116.15 94.20 120.75 99.00 119.56 99.00 118.57 104.33 116.02 104.81 117.88 @ 120.31 @ Children @ @ @ - Men 141.16 139.94 142.72 145.91 150.51 147.75 144.54 150.61 152.71 151.96 149.81 155.89 Men 85.85 86.42 87.10 87.99 89.12 90.59 92.56 94.23 95.50 96.47 98.71 99.41 Herdsman Women Children 68.75 57.19 66.60 57.58 69.78 57.24 72.26 57.33 72.26 57.39 72.98 57.84 74.59 56.66 73.48 58.25 74.42 59.30 74.31 59.49 75.08 62.44 74.92 61.59 Cane Crushing Women 116.88 117.86 119.29 119.29 126.00 125.58 117.47 120.39 117.94 114.41 115.00 120.38 Children @ @ - - =Not reported @ Number of quotations are less than five. * Picking includes picking of cotton bolls/seed pods, jute stalks and tea leaves etc. Table 2.9 (d) All-India Average Daily Wage Rates for Non-Agricultural Occupations for the Agricultural Year 2011-2012 (July-June) ( in Rs.) Month July August September October November December January February March April May June Men 212.60 215.77 219.11 221.16 223.05 226.32 229.13 231.11 233.47 234.81 237.60 240.96 Carpenter Women Children - @ @ @ @ @ @ @ @ @ @ @ @ Men Blacksmith Women Children 160.82 163.39 165.77 167.27 170.12 173.47 175.22 177.42 177.64 179.32 181.75 184.37 63 @ @ @ @ @ @ @ @ @ @ @ @ Men Cobbler Women Children 116.18 117.23 118.74 119.54 121.76 124.27 125.11 124.33 124.61 125.46 128.05 130.88 - @ @ @ @ @ @ @ @ @ @ @ @ Month July August September October November December January February March April May June Month July August September October November December January February March April May June Note:- Men Mason Women Children Men 233.60 237.41 239.68 241.72 244.24 247.02 250.85 254.44 255.90 258.50 262.32 265.40 - - 166.51 170.04 170.39 172.09 176.35 177.24 180.62 182.96 184.31 186.27 190.59 192.50 Children Men @ @ @ @ @ @ @ @ @ @ @ @ 136.36 137.88 139.34 140.87 143.17 144.20 148.12 150.10 151.55 152.77 155.59 156.99 Men 95.63 94.42 95.33 95.61 99.87 103.23 103.97 106.32 106.32 106.48 108.86 109.99 Sweeper Women 93.29 91.31 91.88 92.41 95.35 95.41 95.79 96.34 97.21 98.24 98.93 98.88 Tractor Driver Women Children Unskilled Labourers Women Children 105.37 106.55 107.46 108.51 109.60 110.21 113.08 114.23 115.47 116.16 118.56 119.97 70.07 70.76 71.64 71.56 71.91 74.12 75.14 75.94 77.06 77.85 78.90 79.93 The average daily wage rates at all-India level are derived by dividing the sum total of wages by number of quotations of all the states taken together. Not reported @ Number of quotations is less than five. 8. OCCUPATIONAL WAGE SURVEY The Occupational Wage Survey provides occupation-wise data on Employment Structure, Wage Rates and Earnings in selected Manufacturing, Mining and Plantation, Service Sector industries. The information is also presented by sex, age, system of wage payment, industry and Stratum. Labour Bureau has already completed five rounds of Occupational Wage Surveys and sixth round is in progress. The first round of the survey was conducted by the Labour Bureau in 44 (Manufacturing - 37, Mines-4, Plantation - 3) selected industries during 1958-59. The second round of the survey was conducted during 1963-65 in 45 (Manufacturing - 38, Mines - 4, Plantation - 3) selected industries. The only difference in coverage was that ‗Heavy and Fine Chemicals‘ industry were covered as single industry in first round, were however, covered as two separate industries viz (i) Heavy Chemicals and (ii) Fine Chemicals in the second round. The third round of the survey was conducted in 1974-79 covering 81 (Manufacturing - 69, Mines - 9, Plantation - 3) industries, including 45 industries covered in the second rounds, the fourth round covering 53 (Manufacturing - 45, Mines - 5, Plantation - 3) industries including 45 (Manufacturing - 38, Mines - 4, Plantation - 3) industries covered under second & third rounds, was taken up in 1985 and completed in 1992. The fifth round of the survey covering 53 industries (Manufacturing45, Mines-5, Plantation-3) was taken up in 1993 and completed in 2001. The sixth round of the survey taken up in 2002 is in progress and would cover 56 industries (consisting of 45 Manufacturing, 4 Mining, 3 Plantations and 4 Service Sector). Out of these 56 selected industries, the field survey in respect of 28 industries has been completed till date. Of these, report on 4 Service Sector industries, (viz., Electricity Generation & Distribution, Railways, Public Motor Transport & Port and Docks), three Plantation industries (viz. Rubber, Coffee and 64 Tea), Tea Processing industry, four Mining industries, five Textile industries ( Cotton Textile, Woolen Textile, Silk Textile, Synthetic Textile and Jute Textile ) and Textile Garments industry, Ten Engineering industries (Viz., Ship Building, Locomotive, Motor-Vehicles, Motorcycles/Scooters, Bicycles/Rickshaws, Aircrafts, Refrigerators and Air Conditioner, T.V. and Tally Printers, Computers, Watches and Clocks) were already published. The Field Survey of Nine Engineering Industries (Viz. Iron and Steel, Casting and Forgings, Agricultural Machinery and Parts, Textile and Jute Machinery, Machine Tools, Electrical Machinery and Apparatus, Electrical Apparatus, Prime Movers, Boilers and Steam Generation and Aluminum Industry) was competed in 2009 and the Report was released in 2010. The Field Survey in respect of 10 manufacturing industries under Sixth round has been planned. The trend in average daily wage rate and earnings of worker in Nine Engineering Industries covered under the sixth round of the survey and the report in respect of which have been released /finalised are given in tables 2.10(a) and 2.10(b) respectively. Table 2.10(a) Trend in Average Daily Wage Rates (Rs.) under Occupational Wage Survey Sl. No. 1. 1. 2. 3. Industry Round Number Minimum Wage Rate 4. ---- Maximum Wage Rate 5. ---- Overall 2. 3. Iron and Steel VI Casting and Forgings VI Agricultural Machinery VI and Parts 4. Textile and Jute Machinery VI --5. Machine Tools VI --6. Electrical Machinery and VI --Apparatus 7. Electrical Apparatus VI --8. Prime Movers, Bilers and VI --Steam Generation 9. Aluminum Industry VI --Minimum and Maximum Block has been deleted in the schedule as Overall Wage given. 6. 204.98 150..66 206.49 218.86 276.12 163.76 142.22 223.45 423.50 Table 2.10(b) Sex-wise Average Daily Earnings of Workers in Various Round of Occupational Wage Surveys Sl. No. 1. 1. 2. 3. 4. 5. 6. 7. 8. 9. Industry 2. Iron and Steel Casting and Forgings Agricultural Machinery and Parts Textile and Jute Machinery Machine Tools Electrical Machinery and Apparatus Electrical Apparatus Prime Movers, Bilers and Steam Generation Aluminum Industry Round Number Average Daily Earnings (In Rs.) Men Women Children Overall 5. 110.95 149.74 120.63 Adolescents 6. ---- 3. VI VI VI 4. 248.29 189.85 278.83 7. ---- 8. 248.06 189.39 276.10 VI VI VI 297.61 321.59 223.19 115.95 128.87 248.00 ---- ---- 294.78 304.30 223.90 VI VI 181.53 330.49 119.73 92.95 --- --- 170.35 328.50 VI 439.25 221.58 -- -- 438.95 65 9. INDEX NUMBERS OF WAGE RATES (WRI) Wage Rate Index Numbers depict movement of relative change experienced in the wage rates over a period of time. These indices are being compiled by the Labour Bureau for selected industries since 1969. Initially, Wage Rate Index Numbers were compiled for twelve selected manufacturing industries. However, during 1976 nine more industries, comprising three plantations, four mining and two manufacturing, were added to the list of industries for the compilation of index numbers. The present Wage Rate Indices are being compiled on the base year 1963 - 1965 = 100. The base year data on wage rates and employment were obtained from the Second Occupational Wage Survey, which was conducted by the Labour Bureau in 1963-65. The main criteria for selecting an industry for compilation of W.R.I. Index was its importance in the national economy and employment in the base year. Fourteen selected manufacturing industries accounted for nearly 67 percent of the total employment in the Manufacturing Sector during the base year. Similarly, four mining industries together accounted for nearly 95 percent of the total employment in the Mining Sector whereas the three selected plantations industries accounted for almost the entire employment in the Plantation Sector during base year. Further, in each of these selected industries, the selected occupations together accounted for 75 percent or more of the total employment in the industry. For the purpose of construction of wage rate index numbers, wage rate has been taken as the sum of basic wage and dearness allowance in respect of workers who receive both these components, while for other workers, the actual consolidated amount of earnings represent this wage rate. The wage rate data are collected from the sample units in each of the selected industries through mailed questionnaire and relates to the month of January of each year. The data is collected only for adult workers. Personal visits are also made to the non-responding sample establishments, in case the data is not received in time. The Bureau constructs the wage rate index numbers on the basis of the mean of the minimum and maximum wage rates in each occupation for each of the selected industries. For time rated workers with definite scale of pay, minimum wage rate means the sum of minimum point of the scale and the dearness allowance payable on that point, while maximum wage rate means the sum of maximum point of the scale and dearness allowance payable on that point. For all other workers, minimum and maximum wage rate represents the actual minimum and maximum consolidated amounts/earnings in an occupation. To derive per day wage rates, the monthly, fortnightly and weekly wage rates are divided by 26, 12 and 6, respectively. The weights adopted for the construction of wage rate index numbers are the employment in the respective occupations in each of the selected industries in the base year. The employment and wage rates for the base period have been derived from the results of the Second Occupational Wage Survey (1963-65). The indices are generated using the Laspeyre‘s formula, which is the ratio of the weighted average of wages of the current year to wages of the base year. The weights used are employment in the base year. Necessary action has already been initiated to commence the compilation of the WRI on the base 2008=100. Industry / Startum-wise Wage Rate Index Number, Absolute Wage Rates and Real Wage Rates for the selected 21 industries for the year 1969, 1976 & 2009 to 2012 are given in Tables2.11(a), 2.11(b) and 2.11(c) 66 Table 2.11(a) Index Numbers of Wage Rates for the year 1969, 1976 and 2009 to 2012 (Base: 1963-65 = 100) Sl. No Industry /Stratum 1 2 A Manufacturing Ind.(1-12) Manufacturing Ind.((1-14) 1. Cotton Textiles (i) Howrah & Kolkata (ii) Coimbatore (iii) Bangalore (iv) Ahmedabad (v) Mumbai & Suburbs (vi) Nagpur (vii) Indore (viii) Kanpur (ix) Residual 2. Cement 3. Cigarette Factories 4. Hydrogenated Oil 5. Jute Textiles (i) West Bengal (ii) Residual Mfg. Of Electrical 6. Machinery 7. Match Factories 8. Paper & Paper Products 9. Railway Workshops 10. Smelting & Refining 11. Soap Factories 12. Sugar (i) Bihar (ii) Uttar Pradesh (iii) Residual 13. Silk Textiles (i) Surat (ii) Amritsar (iii) Bhiwandi (iv) Bangalore (v) Mumbai & Suburbs (vi) Residual 14. Woollen Textiles B Mining Sector 15. Coal Mines 16. Iron Ore Mines 17. Manganese Mines 18. Mica Mines C Plantation Sector 19. Coffee Plantations 20. Rubber Plantations 21. Tea Plantations (i) North-East India (ii) South India All Industries %age Variation in 2012 over 2011 9 6.01 6.02 4.86 3.77 3.90 3.80 4.44 3.94 3.96 3.00 3.02 6.54 1.22 8.29 4.03 8.32 8.33 8.16 1969 1976 2009 2010 2011 2012 3 150.5 145.8 162.4 140.3 129.4 142.4 150.1 140.4 143.4 134.5 146.4 160.7 170.7 136.5 156.4 155.6 167.9 4 324.5 320.6 283.5 366.2 319.4 283.7 256.4 284.8 305.5 287.4 290.5 312.2 410.1 381.8 259.3 385.2 394.7 370.6 5 5145.7 5042.5 3795.7 3728.5 3783.4 3257.2 3187.3 3937.3 3319.2 2777.6 2934.6 3978.2 6142.7 6094.1 4251.8 5646.5 5655.9 5523.5 6 5868.3 5724.5 4070.6 3868.6 4048.2 4314.9 3328.7 4091.8 3450.0 2860.9 3022.6 4446.2 6378.4 6827.6 4422.2 6448.2 6495.9 5817.7 7 6164.2 6011.4 4225.6 4013.9 4292.0 4478.6 3529.0 4252.8 3586.1 2946.8 3114.9 4553.2 6695.0 7493.7 4599.8 6755.5 6805.6 6094.2 8 6534.5 6373.4 4430.8 4165.1 4459.4 4649.0 3685.8 4420.5 3728.1 3035.2 3209.1 4851.0 6776.7 8115.1 4785.1 7317.7 7372.7 6591.2 144.4 366.8 5572.0 5874.4 6108.1 6319.7 3.46 148.3 163.4 149.0 163.9 159.5 159.1 163.5 161.5 152.5 - 259.4 358.1 314.4 357.4 331.6 376.6 411.1 344.1 347.4 268.8 292.7 272.2 255.8 226.3 295.9 233.1 257.2 391.2 404.0 343.4 314.2 283.7 198.5 307.3 489.2 178.9 150.5 335.1 290.9 3965.1 5789.7 9244.5 4549.9 5719.4 6764.3 7901.7 6275.4 7126.4 3684.2 4292.2 3442.5 3138.6 4792.2 2955.9 4052.8 3264.8 7051.9 7140.4 5954.3 8071.6 4073.3 3252.4 5799.1 7730.1 2854.2 2519.3 4343.9 4772.0 4160.1 6103.3 12717.6 4891.0 5925.0 7635.1 8832.2 6995.7 8274.0 3804.1 4270.8 3545.8 3232.8 5004.0 3050.1 4324.9 3311.5 8161.4 8107.5 7058.7 11319.0 4281.9 3811.5 6398.5 8371.5 3406.8 3156.6 4519.3 5484.7 4456.1 6416.4 13502.6 5053.3 6114.3 8227.9 9932.3 7204.1 9372.0 3953.7 4366.0 3652.1 3329.7 5238.1 3146.9 4597.1 3489.3 8615.6 8385.9 8101.2 13522.7 4443.9 3962.0 6892.9 9181.8 3502.1 3242.6 4656.0 5753.3 4661.3 7129.1 14275.9 5314.6 6386.8 8870.6 10584.7 7653.3 10409.1 4223.6 4621.4 3761.8 3429.6 5498.8 3258.7 5153.9 3666.0 8939.1 8674.3 8700.7 14025.8 4735.7 4052.9 7028.3 9883.2 3572.2 3070.3 5804.2 6016.1 4.60 11.11 5.73 5.17 4.46 7.81 6.57 6.24 11.07 6.83 5.85 3.00 3.00 4.98 3.55 12.11 5.06 3.75 3.44 7.40 3.72 6.57 2.29 1.96 7.64 2.00 -5.31 24.66 4.57 150.5 Note: Industries from Sl. No. 13 to 21 were added in 1976. 67 Table 2.11(b) Average Daily Wage Rates (Absolute) By Industry & Stratum during 1963-65, 1969, 1976 and 2009 to 2012 (Rs.) Sl.No Industry/Stratum 1963-65 1 2 3 A Manufacturing Ind.(1-12) 4.86 Manufacturing Ind.((1-14) 4.86 1. Cotton Textiles 5.46 (i) Howrah & Kolkata 3.76 (ii) Coimbatore 5.66 (iii) Bangalore 4.63 (iv) Ahmedabad 6.81 (v) Mumbai & Suburbs 6.27 (vi) Nagpur 5.30 (vii) Indore 5.12 (viii) Kanpur 5.12 (ix) Residual 4.51 2. Cement 4.50 3. Cigarette Factories 4.90 4. Hydrogenated Oil 5.11 5. Jute Textiles 3.68 (i) West Bengal 3.71 (ii) Residual 3.39 Mfg. of Electrical 6. 5.07 Machinery 7. Match Factories 3.43 8. Paper & Paper Products 3.72 9. Railway Workshops 5.50 10. Smelting & Refining 5.17 11. Soap Factories 5.13 12. Sugar 3.33 (i) Bihar 3.23 (ii) Uttar Pradesh 3.19 (iii) Residual 3.71 13. Silk Textiles 4.61 (i) Surat 4.46 (ii) Amritsar 4.44 (iii) Bhiwandi 4.92 (iv) Bangalore 2.65 (v) Mumbai & Suburbs 5.59 (vi) Residual 3.99 14. Woollen Textiles 5.06 B. Mining Sector 4.18 15. Coal Mines 4.49 16. Iron Ore Mines 3.06 17. Manganese Mines 2.04 18. Mica Mines 2.23 C. Plantation Sector 2.32 19. Coffee Plantations 1.57 20. Rubber Plantations 1.81 21. Tea Plantations 2.42 (i) North-East India 2.50 (ii) South India 2.06 All Industries 3.87 1969 4 7.28 7.96 6.11 7.94 5.99 9.70 9.41 7.44 7.43 6.89 6.60 7.23 8.36 6.98 5.76 5.77 5.69 1976 5 15.58 15.39 15.43 13.65 18.10 13.47 17.41 17.85 16.18 14.72 14.73 14.05 18.47 18.72 13.25 14.18 14.61 12.58 2009 6 245.28 240.16 206.00 140.21 214.38 150.76 216.22 246.98 175.80 142.18 149.14 179.00 276.65 298.87 217.26 207.83 209.38 187.41 2010 7 280.08 272.98 219.93 145.48 229.43 199.72 225.81 256.68 182.72 146.45 153.61 200.05 287.26 334.85 225.97 237.45 240.48 197.39 2011 8 294.10 286.56 228.65 150.95 243.25 207.30 239.40 266.78 189.94 150.84 158.31 204.86 301.52 367.51 235.04 248.77 251.95 206.77 2012 9 310.96 303.03 239.44 156.63 252.74 215.18 250.03 277.30 197.45 155.37 163.09 218.26 305.20 397.92 244.51 269.47 272.94 223.63 7.32 18.60 282.62 297.98 309.82 320.57 5.09 6.08 8.20 8.47 8.18 5.30 5.28 5.15 5.29 7.28 8.72 13.30 18.55 18.47 17.01 12.50 13.27 10.98 12.88 12.49 13.08 12.10 12.56 6.00 16.56 9.47 13.00 16.57 18.13 10.49 6.42 6.30 4.47 4.82 8.86 4.32 3.76 6.89 11.85 136.12 215.29 508.22 235.10 293.34 226.95 255.26 200.90 264.80 167.80 191.02 153.02 154.35 130.96 165.17 16167 163.85 295.73 320.54 182.29 165.24 90.71 71.69 90.98 140.01 67.78 62.94 89.32 191.98 142.81 226.95 699.16 252.72 303.89 256.23 285.36 223.58 307.09 173.04 190.69 157.61 158.99 136.74 170.43 172.52 166.07 339.13 363.96 216.06 231.67 95.36 84.89 100.38 151.62 81.44 78.86 92.92 219.89 152.70 238.59 742.31 261.11 313.60 276.79 320.91 230.24 347.84 179.60 194.93 162.34 163.76 143.14 175.84 183.38 175.11 354.87 376.46 247.89 276.77 98.97 87.98 108.14 166.30 83.71 81.01 95.73 230.25 159.73 265.09 784.83 274.61 327.58 299.14 341.94 245.02 386.57 191.20 206.34 167.21 168.67 150.26 182.09 205.60 184.08 367.86 389.40 266.33 287.07 105.46 89.20 110.26 179.00 84.54 76.71 119.34 240.91 Note : Industries from Sl . No. 13 to 21 were added in 1976. 68 Table 2.11(c) Average Daily Real Wage Rates at 1960 prices during 1963-65, 1969, 1976 and 2009 to 2012 (in Rs.) S.No. Industry/Stratum 1 2 A Manufacturing (1-12) Manufacturing (1-14) 1. Cotton Textiles (i) Howrah & Kolkata (ii) Coimbatore (iii) Bangalore (iv) Ahmedabad (v) Mumbai & Suburbs (vi) Nagpur (vii) Indore (viii) Kanpur (ix) Residual 2. Cement 3. Cigarette Factories 4. Hydrogenated Oil 5. Jute Textiles (i) West Bengal (ii) Residual Mfg. of Electrical 6. Machinery 7. Match Factories Paper & Paper 8. Products 9. Railway Workshops 10. Smelting & Refining 11. Soap Factories 12. Sugar (i) Bihar (ii) Uttar Pradesh (iii) Residual 13. Silk Textiles (i) Surat (ii) Amritsar (iii) Bhiwandi (iv) Bangalore (v) Mumbai & Suburbs (vi) Residual 14. Woollen Textiles B. Mining Sector 15. Coal Mines 16. Iron Ore Mines 17. Manganese Mines 18. Mica Mines C. Plantation Sector 19. Coffee Plantations 20. Rubber Plantations 21. Tea Plantations (i) North-East India (ii) South India All Industries 1963-65 3 1969 4 1976 5 2009 6 2010 7 2011 8 2012 9 3.92 3.92 4.40 4.16 4.55 5.26 5.20 5.21 6.84 6.70 5.75 6.97 6.80 5.47 6.71 6.54 5.22 6.55 6.38 5.04 3.03 3.49 4.61 3.91 3.62 3.44 3.30 4.56 3.73 5.49 4.54 3.42 5.54 6.11 4.55 5.88 5.98 4.21 6.03 5.71 4.97 5.62 5.55 4.73 5.46 5.32 4.53 5.27 5.06 5.38 6.03 6.89 6.39 6.09 5.84 4.27 4.13 4.13 3.64 3.63 3.95 4.12 2.97 2.99 2.73 4.25 4.25 3.94 3.77 4.13 4.78 3.99 3.29 3.30 3.25 5.47 4.97 4.98 4.75 6.24 6.32 4.48 4.79 4.94 4.25 4.91 3.97 4.16 4.99 7.72 8.34 6.06 5.80 5.84 5.23 4.55 3.65 3.82 4.98 7.15 8.34 5.63 5.91 5.99 4.91 4.33 3.44 3.61 4.67 6.88 8.38 5.36 5.68 5.75 4.72 4.16 3.27 3.43 4.60 6.43 8.38 5.15 5.68 5.75 4.71 4.09 4.18 6.28 7.89 7.42 7.07 6.75 2.77 2.91 2.95 3.80 3.56 3.48 3.36 3.00 3.47 4.49 6.01 5.65 5.44 5.58 4.44 4.17 4.14 2.69 2.60 2.57 2.99 3.72 3.60 3.58 3.97 2.14 4.69 4.84 4.67 3.03 3.02 2.94 3.02 - 6.27 6.24 5.75 4.24 4.48 3.71 4.35 4.22 4.42 4.09 4.24 2.03 14.18 6.56 8.18 6.33 7.12 5.61 7.38 4.68 5.65 4.27 4.31 3.65 17.41 6.29 7.57 6.38 7.10 5.57 7.64 4.31 4.75 3.92 3.96 3.40 16.94 5.96 7.15 6.32 7.32 5.25 7.94 4.10 4.45 3.70 3.74 3.27 16.53 5.78 6.90 6.30 7.20 5.16 8.14 4.03 4.35 3.52 3.55 3.16 4.51 - 5.59 4.61 4.24 4.01 3.84 3.22 4.08 3.37 3.62 2.47 1.65 1.80 1.87 1.27 1.46 1.95 2.02 1.66 3.12 4.16 3.20 4.39 5.60 6.13 3.54 2.17 2.13 1.51 1.63 2.99 1.46 1.27 2.33 4.00 4.51 4.57 8.25 8.94 5.09 4.61 2.53 2.00 2.54 3.91 1.89 1.76 2.49 5.36 4.29 4.13 8.44 9.06 5.38 5.77 2.37 2.11 2.50 3.77 2.03 1.96 2.31 5.47 4.18 4.00 8.10 8.59 5.66 6.31 2.26 2.01 2.47 3.79 1.91 1.85 2.18 5.25 4.33 3.88 7.75 8.20 5.61 6.05 2.22 1.88 2.32 3.77 1.78 1.62 2.51 5.07 Note- Industries from Sl.No. 13 to 21 were added in 1976. 69 10. PRODUCTIVITY The Productivity Centre which was set up in Mumbai by the Government of India in 1955 with the assistance of International Labour Organisation (ILO) is functioning as one of the divisions of Central Labour Institute (C.L.I.), Mumbai under the administrative control of the Directorate General of Factory Advice Service and Labour Institutes (DGFASLI). The Centre works towards (i) promoting productivity awareness in organised, unorganized and core sectors of economy, (ii) furthering the application of productivity sciences with a view to improve productivity and working conditions resulting in higher earnings for workers and (iii) promoting labour management co-operation and consultation in solving work related problems on the shop floor, thus contributing to quality of work life in the industry. The above aims and objectives are sought to be achieved through training Programmes (public and in plant) and the Consultancy projects in the field of Industrial Engineering & Productivity Science. The National Productivity Council (NPC) The National Productivity Council is an autonomous body and is funded by the Government of India. It aims at disseminating knowledge and experience in productivity, promotion of consciousness and improvement in productivity, strengthening of the performance and competitiveness of the economy and improving the conditions and quality of working life. It operates through Regional Directorates and Regional Offices. Ministries of the Government of India and representatives of employers‘ and workers‘ organizations are members of the council. It undertakes training programmes in the area of management services, industrial training and human resource development and also provides consultancy services in both the formal and informal sectors. It has instituted National Productivity Awards for selected industry groups with the objective to recognize the enterprises, which excel in productivity performance and to motivate other enterprises to increase their productivity. 11. LABOUR COST The practice of granting paid holidays, providing social security benefits and various other amenities to the workers by the employer have a significant impact on the Total Labour Cost. The main objectives of the collection and dissemination of Labour Cost are to provide comparative information on Total Labour Cost in different Industries and States and to study the extent of expenses incurred by employers on social welfare and social security at his cost, for the benefit of workers. The first attempt to collect the data on Labour Cost was made by the Labour Bureau under the scheme of ‗Survey of Labour Conditions‘ in selected mining and manufacturing industries, which has since been discontinued, w.e.f. 1979. With a view to obtain regular data on the subject, it is now being collected under the Annual Survey of Industries conducted under the Collection of Statistics Act, 1953. Social security charges met by employers for the benefit of their employees such as contribution to Provident Fund, Pension, Gratuity and Contributions to other social security charges etc., such as the Employees‘ State Insurance, Compensation for work injuries and Occupational disease, Provident fund linked insurance, Retrenchment and Lay-off benefits, are included under the head ―Contribution to Provident and Other Funds‖. ―Workmen and Staff Welfare Expenses‖ include expenditure on maternity benefits and crèche, supply of food, beverages, tobacco, clothing and group lodging at concessional rates; educational, cultural and recreational facilities and services; and grants to trade unions and co-operative stores meant for employees. Tables 2.12 (a) and 2.13 (b) show the Labour Cost by components, by Industries as well as by States/Union Territories, respectively. The data presented in these tables correspond to establishments covered both under Census & Sample Sectors combined. The overall average labour cost per manday worked in 2009-10 at Rs. 464.93, has increased as compared to Rs. 410.41 during the year 2008-09. At all-India level during 2009-10, ‗Salaries/Wages‘ accounted for the bulk of the Labour Cost (80.19 percent), while ‗Contribution to Provident and other Funds‘ formed the next major component (10.74 percent). During 2009-10, the highest average Labour Cost per manday worked was recorded at Rs. 1239.56 in the industry 70 group ‗291- Manufacture of motor vehicles‘‘, whereas, the lowest average Labour Cost was reported at Rs. 130.45 in industry group ‗120- Manufacture of tobacco products‘. Among States, the corresponding highest and lowest figures of average Labour Cost per manday worked were reported at Rs. 961.33 in Sikkim and at Rs. 113.51 in Nagaland, respectively for the year 2009-10. Table 2.12 (a) Average Labour Cost Per Manday Worked and its Distribution in Industries (3-digit level of NIC-2008) during the years 2008-09 and 2009-10 Sl. No. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 27 28 29 30 31 32 33 34 35 36 37 38 39 40 NIC Code 2 016 089 101 102 103 104 105 106 107 108 110 120 131 139 141 142 143 151 152 161 162 170 181 182 191 192 201 202 203 210 221 222 231 239 241 242 243 251 252 259 Distribution of Average Labour Cost Per Manday Worked during 2009-10 Wages Salaries 3 159.13 182.66 290.96 195.83 270.94 246.56 421.82 185.10 245.59 293.72 361.18 105.91 235.62 251.38 245.96 272.88 216.64 241.94 257.80 147.24 234.55 324.51 418.70 781.82 495.32 860.08 644.48 368.94 501.26 527.60 472.57 327.23 328.25 302.30 487.95 682.45 349.40 434.15 259.18 338.01 Bonus 4 4.02 4.15 14.52 10.09 8.20 12.54 19.73 8.89 21.06 17.43 14.96 6.90 13.62 14.08 13.85 4.38 17.04 16.66 28.76 8.19 11.50 16.80 19.40 116.64 29.06 68.46 30.66 18.97 27.63 27.37 30.52 18.91 19.70 13.04 15.56 28.26 19.77 27.32 24.71 18.11 Provident Funds 5 6.62 5.04 18.29 12.64 18.76 14.23 59.87 8.70 34.93 22.84 25.35 12.76 23.64 17.90 20.22 5.37 13.17 21.15 27.91 4.85 18.79 30.58 45.14 160.58 70.64 118.57 71.29 32.95 75.28 46.55 77.26 22.47 29.29 24.35 79.61 58.70 61.25 63.76 24.83 27.73 71 Welfare Expenses 6 3.40 15.80 16.07 12.01 11.60 9.64 17.06 6.07 13.96 17.00 27.00 4.89 18.60 11.17 11.00 7.14 7.92 16.86 20.15 3.07 9.17 25.09 30.15 70.70 30.21 183.77 80.96 56.00 64.00 35.69 42.51 17.80 19.30 24.97 51.92 64.90 21.78 23.59 12.87 23.01 Average Labour Cost per Manday Worked (Rs.) 2009-10 Average Labour Cost per Manday Worked (Rs.) 2008-09 7 173.17 207.64 339.84 230.57 309.50 282.98 518.47 208.75 315.55 350.97 428.48 130.45 291.48 294.52 291.03 289.77 254.78 296.62 334.61 163.34 274.00 396.98 513.39 1129.74 625.23 1230.88 827.40 476.86 668.17 637.21 622.86 386.41 396.54 364.67 635.04 834.31 452.20 548.82 321.60 406.86 8 154.59 202.69 342.76 207.87 285.24 261.08 455.10 196.17 283.47 313.51 420.10 110.96 262.58 265.88 290.19 542.48 229.96 297.36 236.82 198.16 283.62 350.90 469.86 514.37 454.70 561.73 537.50 482.00 882.67 627.40 333.18 326.03 416.63 339.93 617.41 357.37 404.68 384.19 452.75 369.53 1 2 41 261 42 262 43 263 44 264 45 265 46 266 47 267 48 268 49 271 50 272 51 273 52 274 53 275 54 279 55 281 56 282 57 291 58 292 59 293 60 301 61 302 62 303 63 304 64 309 65 310 66 321 67 322 68 323 69 324 70 325 71 329 72 331 73 332 74 351 75 352 76 353 77 360 78 370 79 381 80 382 81 383 82 390 83 400 All India 3 530.06 605.87 718.60 586.65 168.78 927.46 507.80 346.68 573.29 451.45 394.02 361.44 441.90 404.02 651.99 623.01 939.67 293.93 435.54 687.26 473.58 566.73 350.21 467.19 514.32 375.91 553.59 244.58 246.60 412.25 262.07 542.69 481.34 460.88 745.99 745.74 388.70 302.30 407.71 313.16 223.30 203.52 414.83 372.82 4 18.76 23.77 41.77 41.05 10.25 17.22 30.34 7.68 35.22 13.47 23.73 17.52 15.51 18.55 47.73 30.33 46.63 12.93 20.47 18.22 25.59 19.26 19.06 17.63 15.50 16.08 9.73 20.73 64.44 25.19 14.33 50.53 34.90 23.60 21.83 7.75 22.25 18.44 7.79 15.19 20.94 1.25 24.63 20.21 5 50.26 49.62 59.28 50.41 14.89 40.01 36.91 28.16 80.09 55.75 31.82 28.74 29.58 30.42 99.65 84.21 109.34 18.94 35.76 71.57 45.23 31.08 28.02 41.18 28.74 22.66 32.16 31.74 26.77 38.63 24.05 37.30 78.64 26.26 142.92 46.27 45.31 29.35 16.32 15.81 11.78 10.53 29.92 40.03 Note: Details of Industries may be seen in Table 1.23. 72 6 45.26 38.92 52.27 58.58 13.54 41.01 30.79 19.98 54.43 46.84 38.87 31.88 33.32 27.64 66.26 58.05 143.93 36.89 45.67 38.85 31.58 32.42 31.42 43.25 27.60 24.26 20.99 10.19 19.95 26.98 19.61 30.79 58.29 39.97 152.64 69.88 5.73 15.08 41.35 16.19 9.02 17.21 24.79 31.88 7 644.34 718.18 871.92 736.69 207.46 1025.69 605.84 402.51 743.04 567.52 488.44 439.58 520.31 480.64 865.64 795.61 1239.56 362.70 537.44 815.90 575.98 649.49 428.71 569.25 586.17 438.90 616.47 307.24 357.76 503.05 320.05 661.31 653.17 550.71 1063.38 869.64 462.00 365.17 473.16 360.36 265.04 232.50 494.17 464.93 8 444.12 712.29 577.95 749.80 754.46 543.97 439.07 732.62 664.82 567.15 527.58 387.14 486.63 451.02 649.78 722.07 859.01 340.65 519.66 687.00 489.34 340.68 384.25 564.32 500.32 437.66 342.80 288.24 297.38 560.23 294.97 486.41 735.08 472.27 334.96 517.26 263.59 291.50 281.47 329.03 272.23 183.02 435.17 410.41 Table 2.12(b) Average Labour Cost per Manday Worked and its Distribution in States during the years 2008-09 and 2009-10 Sl. No. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 State/Union Territory 2 Jammu & Kashmir Himachal Pradesh Punjab Chandigarh Uttarakhand Haryana Delhi Rajasthan Uttar Pradesh Bihar Sikkim Nagaland Manipur Tripura Meghalaya Assam West Bengal Jharkhand Orissa Chhattisgarh Madhya Pradesh Gujarat Daman & Diu D & Nagar Haveli Maharashtra Andhra Pradesh Karnataka Goa Kerala Tamil Nadu Pondicherry A & N Islands All India Average Labour Cost per Manday Worked (Rs.) 2008-09 2009-10 3 278.89 384.87 299.02 544.70 476.30 501.71 424.06 357.09 378.08 265.97 101.42 107.90 195.67 333.26 305.31 393.49 783.23 412.90 396.27 435.08 382.07 343.10 391.56 626.83 286.71 477.63 553.58 321.89 320.46 439.76 369.62 410.41 4 287.22 447.44 327.50 614.27 465.46 555.74 481.93 401.72 430.68 317.35 961.33 113.51 130.53 168.41 361.15 356.61 400.25 792.59 488.51 583.09 471.08 474.47 369.65 396.57 659.38 362.47 423.58 691.05 363.44 430.34 458.49 345.99 464.93 73 Distribution of Average Labour Cost Per Manday Worked during 2009-10 Wages Bonus Provident Welfare Salaries Funds Expenses 5 6 7 8 248.36 10.60 15.98 12.28 369.81 19.05 31.89 26.69 276.29 13.93 23.80 13.49 485.29 21.66 79.41 27.91 368.66 19.46 46.10 31.24 461.62 19.90 42.14 32.07 401.60 21.95 40.14 18.24 326.74 11.26 29.53 34.20 354.93 15.94 35.71 24.11 246.47 13.16 26.21 31.52 893.19 7.77 33.80 26.57 87.10 2.07 15.83 8.52 126.61 0.77 0.40 2.75 137.69 11.08 7.44 12.20 314.65 12.43 15.97 18.30 242.25 19.70 42.86 51.81 313.51 17.90 42.33 26.51 580.92 26.01 126.91 58.76 390.51 11.32 52.98 33.69 440.33 17.00 82.45 43.31 375.47 22.70 42.24 30.67 397.44 19.57 30.82 26.64 307.40 19.86 19.53 22.86 341.19 19.60 16.57 19.22 530.71 29.47 52.62 46.58 295.81 12.78 29.50 24.38 344.19 18.68 35.75 24.96 561.76 25.72 59.07 44.50 279.35 20.28 35.66 28.16 325.24 25.20 41.23 38.66 358.48 23.08 39.69 37.23 294.86 12.69 28.22 10.21 372.82 20.21 40.03 31.88 CHAPTER 3 FAMILY INCOME AND EXPENDITURE SURVEYS AND CONSUMER PRICE INDEX NUMBERS 1. FAMILY INCOME AND EXPENDITURE SURVEYS A. Urban Centres (i) Industrial Workers 1. The Family Budget Surveys in India owe their origin to the deteriorating economic conditions of the workers due to abnormal spurt in prices during the first and the Second World War. In pursuance of the recommendations of the Rau Court of Enquiry, set up by the Government of India in 1940 to investigate the question of dearness allowance, the Family Budget Surveys were conducted for the first time, during 1943 to 1946, on uniform lines, in 28 important industrial centres. With the enactment of the Minimum Wages Act, 1948, it became obligatory for the Central and State Governments to maintain Cost of Living Indices. The Seventh International Conference of Labour Statisticians held in 1949 adopted a resolution defining the objectives of family living studies and setting new international standards. The Committee of Experts on International Definition and Measurement of Standards and Levels of Living jointly convened by the United Nations, the International Labour Organisation and the UNESCO with the co-operation of the FAO and the WHO made further improvements in the field and laid great stress on the desirability of planning and conducting family living studies for comprehensive measurement of actual family living conditions. 2. Accordingly, several State Governments as well as the Labour Bureau of Government of India conducted Family Budget Surveys in various centres with a view of compiling Consumer Price Index Numbers. In order to introduce a uniform and scientific procedure for conduct of such surveys throughout the country, the Labour Bureau conducted Family Living Surveys at 50 Centres spread over length and breadth of the country during 1958-59. The weighting diagrams derived from the results of these surveys were adopted for the compilation of Consumer Price Index Numbers for Industrial Workers on base 1960=100 for each of the 50 centres. An All-India Index was also compiled as a weighted average of these centres indices. 3. During the course of the survey, in addition to the data on income, expenditure and consumption, data were also collected from the sampled families on other components of the levels of living, e.g., educational interests, housing conditions, employment, working and service conditions, savings, assets and indebtedness, etc. On the basis of this information, centre-wise analytical reports in respect of all the 50 individual centres were published. Besides, a General Report, discussing mainly the technical details of the survey and inter-centre comparison of the important aspects of the survey, was also published. Similar surveys were also conducted in Tripura (1960-61), Himachal Pradesh (1964-65), Bhilwara (1965), Bhilai (1965), Chhindwara (1965), Kothagudem (1965), Rourkela (1965) and Goa (1966-67). These centres, however, did not form part of the All-India Index. 4. During 1981-82, the Labour Bureau conducted Working Class Family Income and Expenditure Surveys at 70 important industrial centres in order to derive a new set of weighting diagrams for compilation of Consumer Price Index Numbers for individual centres as well as an average All-India Index based on latest consumption pattern of the Working Class. In addition to the three sectors of employment (viz., Factories, Mines and Plantations) covered in 1958-59 survey, four more sectors viz., (i) Railways (ii) Motor Transport Undertakings (iii) Electricity generating and distributing establishments and (iv) Ports and Docks were also covered during 1981-82 surveys. The technical details of the survey were finalised by the Labour Bureau under the guidance of the Technical Advisory Committee on Statistics of Prices and Cost of Living (TAC on SPCL) constituted by the Government of India to render guidance on all such matters. In addition to 70 Centres, the survey was also conducted in 6 additional centres with a view to update the old series of Consumer Price Index Numbers of these centres to base 1982=100. Extensive consultations were held with the Index Users, viz., Employers, Employees and State Governments on various aspects of 74 the survey, both before the start of the survey and release of Consumer Price Index Numbers on base 1982=100. Linking factors between old and new series were worked out on the basis of the decision taken at the National Level Tripartite Meeting of the Index Users held on 6th October, 1988 under the Chairmanship of the then Union Labour Minister. This series of Consumer Price Index Numbers on base: 1982=100 was released in December, 1988 with the Index for the month of October, 1988. 5. As per the recommendations of the International Labour Organisation, Family Living Surveys should be conducted at frequent intervals generally not exceeding 10 years, so as to revise the base of the Consumer Price Index Numbers. However, due to some administrative reasons, the scheme for updation of the base of the series on base 1982=100, which was slated to start in 199192, could commence only in 1997. The field work in respect of 78 centres was undertaken by NSSO during Sept., 1999 to Aug., 2000. The Labour Bureau under the guidance of TAC on SPCL undertook the whole exercise of updation of the series. The results were tabulated by the Regional Computer Centre now known as DOEACC centre, Chandigarh on the basis of Tabulation Plan & Estimation Procedures provided by the Bureau. On the basis of the results thrown up by the Survey, the weighting diagrams (average consumption pattern) have been derived in respect of all the 78 centres. Using the prices pertaining to calendar year 2001 as the base prices, the indices had been compiled using the software developed by the DOEACC, Chandigarh. The technical details as well as indices had been examined thoroughly by a sub-group of the TAC on SPCL headed by DG & CEO, NSSO, New Delhi. 6. A two day Tripartite National Level Index Users‘ Meeting was organised on 19th - 20th May, 2005 at Shimla in connection with the release of new series of CPI(IW). The representatives of Central/State Ministries/Departments, Employers‘ Associations and Central Trade Unions participated in the deliberations on the release of the new series of CPI-(IW). All the technical issues relating to compilation of CPI(IW) on base: 2001=100 series as well as process for regular consultation with the Users, especially the Central Trade Unions and Employers‘ Organisations, were discussed. There was a broad consensus so far as the technical aspects of the exercise were concerned. Nonetheless, it was decided in the meeting to address the issues of participation of the Central Trade Unions as well as Employers‘ Organisations in the deliberation of the Technical Advisory Committee on Statistics of Prices and Cost of Living (TAC on SPCL) besides evolving a suitable mechanism for their periodic involvement as users of Index Numbers during the conduct of entire exercise, prospectively for future revision of base in a meeting to be chaired by the Hon‘ble Labour & Employment Minister with the representation of Central Trade Union. 7. As a follow-up, a National Level Index Users‘ Meeting with the representatives of Central Trade Union was held on 9th September, 2005 in the Ministry of Labour & Employment under the Chairmanship of Secretary, Labour & Employment. The issues discussed were mainly on the participation of Central Trade Union and Employers‘ Organisations in the TAC on SPCL. It was resolved in this meeting that the meeting of the reconstituted TAC on SPCL having the members from the Central Trade Unions & Employers‘ Organisation be held prior to the release of new series of CPI(IW) on base 2001=100. 8. The 45th meeting of the TAC on SPCL was accordingly convened on 17th February, 2006, in which 3 representatives each of the Central Trade Unions & Employers‘ Organisation participated in the deliberation on the release of new series of CPI(IW) on base: 2001=100. After discussions, the TAC on SPCL decided that in view of the improvement made in the new series as also the urgent need for updation of base, the CPI(IW) (New Series) should be released. Accordingly, with the approval of Govt. of India, the Labour Bureau released the new series of CPI(IW) on base: 2001=100 with effect from Jan., 2006 index on 9th March, 2006. The centre-wise and All India Index Numbers alongwith linking factors with the previous series of CPI (IW) on base: 1982=100 were also released and published in the Indian Labour Journal. 9. The new series on base : 2001=100 had replaced the old series on base : 1982=100 w.e.f. the index of Jan., 2006. The sample size for the conduct of Working Class Family Income & Expenditure Survey, on the basis of which weighting diagrams have been derived, increased to 41040 families from 32616 families in the 1982 series. The number of items directly retained in the index basket has been increased to 392 items as against 280 items in the 1982 series. Similarly the number of markets and centres which were 226 and 70 in the old series have been increased to 289 and 78, respectively under the new series on base: 2001=100. The Repeat House Rent Surveys are 75 also conduced in six-monthly rounds at all the 78 centres to collect house rent data and related changes and compile house rent indices. The methodology for updation of base as also the compilation of indices were approved by the Technical Advisory Committee on Statistics of Prices and Cost of Living. 10. An Index Review Committee under the Chairmanship of Prof. G.K.Chadha, former ViceChancellor of Jawaharlal Nehru University and Member, Prime Minister‘s Economic Advisory Council, with representatives from Trade Unions & Employers‘ Organisations was set up to examine various aspects of new series of CPI(IW) on base: 2001=100. Index Review Committee conducted seven meetings at various places in the country i.e., Shimla, New Delhi (2), Chennai, Mumbai, Dhanbad and Mysore. The Committee has submitted its report on 20th March, 2009. (ii) Urban Non-Manual Employees 1. A Family Living Survey among the middle class employees was conducted by the C.S.O. at 45 centres during 1958-59. Based on the results of the survey, it had brought out a General Report and released Consumer Price Index Numbers for middle class on base 1960=100 for different centres as also an average All-India Index. 2. The consumption pattern of middle class having undergone a change over 1958-59 when the last survey was conducted, the Central Statistical Organisation, Govt. of India had launched an Urban Non-Manual Employees Family Living Surveys at 59 centres during 1982-83 with the objective of updating the base and weighting diagram of the Consumer Price Index Numbers for Middle Class on base: 1960=100. It had released the new series of Consumer Price Index Numbers for urban Non-manual employees on base 1984-85=100 w.e.f. November, 1987 index. The index numbers on base: 1984-85=100 was continuously compiled and released until March, 2008. 3. Because of outdated base year and also deployment of field investigators for collection of price data for a broad based CPI (Urban), the National Statistical Commission in its meeting held on 15.2.2008 decided to : i. ii. iii. discontinue the CPI(UNME) and adopt link index, based on ratio method after aggregating the subgroup level indices of Labour Bureau‘s CPI(Industrial Workers) using CPI(UNME) weights at group/sub-group level for all India compile linked CPI(UNME) numbers till new series of CPI(Urban) is brought out. 4. Based on the methodology given by the National Statistical Commission, ratio of CPI (UNME) numbers to CPI (Industrial Workers) numbers for each of the 24 months for the two year period from January, 2006 - December, 2007 at sub-group level had been worked out. Average ratio at each level based on 24 months figure was taken as the linking factor at the respective level. The CPI (UNME) weights had been used to get the indices at group and all group levels, as the price collection of CPI (UNME) was discontinued w.e.f April, 2008. From April, 2008 to December, 2010, linked all India CPI (UNME) was compiled and released by Central Statistical Organisation, New Delhi. 5. The Central Statistics Office (CSO), Ministry of Statistics and Programme Implementation has introduced a new series of Consumer Price Indices (CPI) on base 2010=100 for all-India and States/UTs separately for rural, urban and combined with effect from January, 2011. The consumption patterns (weighting diagrams) for this series of CPI have been derived on the basis of average monthly consumer expenditure of an urban/rural household obtained from the results of the Consumer Expenditure Survey conducted by the National Sample Survey Office during 2004-05. Number of weighted items (having consumption share) varies among states/UTs and it is around 175 in the rural and about 200 in the urban areas. These items include services such as railway fare, airway fare, telephone charges, barber/beautician charges, washer man charges, tailoring charges etc. B. Rural Areas The Agricultural/Rural Labour Enquiries, being conducted since 1950-51 at frequent intervals throw up a valuable data on the pattern of consumption expenditure of labourers in the rural areas. The first Agricultural Labour Enquiry (ALE) was conducted during 1950-51. The 2nd Agricultural Labour Enquiry was conducted during 1956-57.The scope of the enquiry was widened 76 to cover all the rural labour (agricultural as well as non-agricultural) after the 2nd A.L.E. Hence now it is called as the Rural Labour Enquiry to signify the wider coverage. The First Rural Labour Enquiry was conducted during 1963-65 (February, 1963 – January, 1964 & October, 1964 – September, 1965). The data were collected and analysed separately for agricultural as well as nonagricultural labourers, not only to enable comparison with the previous enquiries, but also to throw up information on both classes of labourers in rural areas. The fourth enquiry in the series, i.e. 2 nd Rural Labour Enquiry was conducted during 1974-75. A number of Committees and Commissions such as the National Commission on Labour (1969) have acknowledged the usefulness of the data thrown up by the Rural Labour Enquiries. The National Commission on Rural Labour, which submitted its report in 1991, also had acknowledged the utility of data being collected and published through these enquiries and had in fact suggested to strengthen the system of collection of data. In view of the usefulness of the data thrown up by it, the Rural Labour Enquires are now being conducted at regular intervals on quinquennial basis alongwith general Employment and Unemployment surveys of the National Sample Survey Organisation. Thus, the subsequent enquiries in the series were conducted during 1977-78, 1983, 1987-88, 1993-94, 1999-2000, 2004-05 and 2009-10. Under the integrated arrangement, besides collection of data from the field, the processing thereof is also being done by the National Sample Survey Organisation for Labour Bureau. On the basis of these Enquiries the Labour Bureau brings out reports on ―Consumption Expenditure‖, ―Indebtedness‖, ―Wages & Earnings‖, ―Employment & Unemployment‖ and ―General Characteristics of Rural Labour Households‖. 2. A. CONSUMER PRICE INDEX NUMBERS Industrial Workers 1. The Consumer Price Index Numbers for Industrial Workers, which measure the rate of change in prices of fixed basket of goods and services consumed by the defined population, are being compiled and maintained by the Labour Bureau since its inception in October, 1946. The Consumer Price Index Numbers are one of the most widely used statistical products which is being put to numerous uses, such as i) revision of wages and determination of Variable Dearness Allowance to lakhs of workers/employees in the Government and Corporate Sectors ii) revision of minimum wages of workers in Unorganised Sector iii) measuring inflationary trend in the country iv) for policy formulation by the Government and v) for analytical purposes by the researchers. These index numbers are being compiled on scientific lines by following the standard methodology approved by the Technical Advisory Committee on Statistics of Prices and Cost of Living (TAC on SPCL). 2. The three essential ingredients of Consumer Price Index Numbers, are (i) the percentage share of expenditure on each item in relation to the total consumption expenditure known as the ―Weighting Diagram‖ (ii) base year prices which are average prices of 12 months of the year and (iii) current prices. The average consumption expenditure per family as revealed by the Working Class Family Income and Expenditure Survey (1999-2000) forms the basis for deriving the weighting diagram of the existing series i.e., 2001=100. The non-consumption expenditure such as taxes, interest, remittances and litigation expenses were excluded. A uniform base year was adopted for all the selected centres so that All-India index could be obtained directly from the constituent centre indices without resorting to any arithmetical shifting of base in any series. The retail prices firstly for the base period and subsequently for the current period are collected on continuous basis in respect of all the items on a fixed day every week/month, from two selected shops of the selected markets of a centre. These prices are inclusive of taxes and levies payable by the consumer. As the Consumer Price Index Numbers are designed to measure the changes of prices alone, all other elements such as specifications, units, shops, markets and price collection day/time are kept fixed during the lifetime of the series so as to exclude spurious changes in prices. All these elements are settled in advance before the main survey when the organisation of price collection machinery and other details are worked out. The guiding factor for deciding these elements is their popularity with the working class families in the base year. The number of markets in a given centre depends on the size of the centre, the concentration of working class population, the variability in prices, etc. 3. Prices are collected for different items and services included in the index basket by personal interview method from the shopkeepers/vendors of the selected shops by the State Government 77 employees. Prices are collected on weekly basis for price sensitive items. For a few standard items such as tea, cigarette, cinema ticket, barber charges, utensils, toilet soap, clothing and footwear etc., prices are collected on monthly basis as they are not expected to fluctuate at short intervals. In case of items distributed through the Public Distribution System, the average price is calculated as the weighted average of the fair price and the open market price, the weights being the proportion of the quantity available through Public Distribution System and the quantity procured from the open market in relation to the base year requirement of an average working class family. The prices of some items such as house rent, school/ college fee and books are collected once in six months and one year respectively. 4. Data on house rent are collected for rented, rent free and owner occupied dwellings. For this purpose, six monthly House Rent Survey is conducted at all the centres in order to reflect the changes in rental level that the index population has experienced in such industrial centres. The rent index is compiled by using the chain base method in which rent movements are first compared with those of the last six months and then chained (linked) with the base period. Uniform method is followed in compilation of house rent index for all the centres irrespective of the sectors to which they represent. In pursuance of the recommendations of the Committee on Consumer Price Index Numbers (Dr. Seal Committee) the weighted house rent index is compiled, weights being the proportion of the families residing in rent free, rented and self-owned dwellings in a centre as selected in the base year survey. The rent index of free dwellings is kept fixed at 100. The rent index of owner-occupied dwelling is based on rent paid for similar or comparable rented dwellings in the same building or nearby locality even if it is occupied by a non-working class family. If it is not possible to collect data from comparable rented dwellings, the self-owned dwellings are substituted by the rented dwellings. 5. Indices are compiled centre wise at subgroup/group/centre level by using Laspeyre‘s Index formula. The all-India index is computed as a weighted average of the index numbers of the constituent 78 centres, weights being the ratio of total consumption expenditure of estimated number of families allocated to a centre in the state to the sum total of all such expenditures over all centres in the country. 6. The all-India index can be linked to the earlier series on base 1982=100 by using conversion factors of 4.63 and 4.58 for General and Food Indices respectively. 7. A detailed note on the scope and method of compilation of All-India Consumer Price Index Numbers for Industrial Workers (Base: 2001=100) was published in April, 2006 issue of the Bureau‘s monthly publication captioned ―Indian Labour Journal.‖ 8. Annual average of Consumer Price Index Numbers for Industrial workers on base: 1982=100 for all the 70 centres for the year 1999 to 2005 and new series on base: 2001=100 for 78 centres for the year 2006 to 2012 are presented in Table 3.01. 9. Table 3.02 presents annual average of All-India Consumer Price Index Numbers (General and food) on base: 1982=100 for the year 1995 to 2005 and new series on base: 2001=100 for the year 2006 to 2012 along with the month-wise figures for the period January, 2011 to Dec., 2012. The month-wise indices (General) for the year 2012 increased to 219 in December, 2012 from 198 in January, 2012. 10. Table 3.03 depicts CPI (IW) based month wise point to point rate of Inflation for the period January, 2011 to December, 2012. 78 Table 3.01(a) Consumer Price Index Numbers for Industrial Workers on base 1982=100 (General Index – Annual Averages) Sl No State/U.T. wise Centre Centre Weight in All India 1 2 3 Andhra Pradesh 1 Gudur 0.75 2 Guntur 1.11 3 Hyderabad 1.63 4 Visakhapatnam 1.63 5 Warangal 1.54 Assam 6 D.D. Tinsukia 0.57 7 Guwahati 0.66 8 Labac-Silchar 0.44 9 Mariani-Jorhat 0.51 10 Tezpur Rangapra 0.63 Bihar 11 Monghyr Jamalpur 1.10 Chattisgarh 12 Bhilai 1.91 Gujarat 13 Ahmedabad 2.74 14 Bhavnagar 0.99 15 Rajkot 1.17 16 Surat 0.86 17 Vadodra 0.88 Haryana 18 Faridabad 1.17 19 Yamunanagar 1.05 Jammu & Kashmir 20 Srinagar 0.22 Jharkand 21 Jamshedpur 1.63 22 Jharia 2.39 23 Kodarma 0.59 24 Noamundi 1.22 25 Ranchi Hatia 1.35 Karnataka 26 Bangalore 3.27 27 Belgaum 1.33 28 Hubli-Dharwar 1.29 29 Mercara 1.16 Kerala 30 Alwaye 1.58 31 Mundakayam 1.01 32 Quilon 0.58 33 Thiruvananthapuram 1.02 1998 1999 2000 2001 2002 2003 2004 2005 4 5 6 7 8 9 10 11 416 394 377 388 399 435 414 395 410 415 438 431 419 436 440 443 438 438 444 464 451 473 468 469 501 469 504 496 484 526 486 510 512 501 530 505 523 532 525 555 362 405 345 389 390 386 436 375 416 412 389 460 370 418 408 384 471 372 411 419 398 480 374 411 417 416 496 383 432 427 430 516 411 441 433 450 531 415 449 439 379 415 416 416 435 459 479 511 361 373 390 407 413 439 459 480 399 425 393 417 385 422 447 409 432 405 441 466 430 446 430 460 483 433 474 453 476 492 447 484 467 488 504 457 490 470 507 523 465 490 485 519 537 496 505 500 426 378 435 392 443 412 469 428 480 443 499 462 532 486 550 521 414 471 480 520 547 574 599 632 385 353 359 371 402 397 363 379 377 414 405 363 368 391 418 419 365 373 410 426 431 374 388 411 433 456 393 402 436 438 479 414 426 461 470 508 442 471 483 497 391 423 409 418 405 457 430 444 425 473 434 458 438 486 451 457 452 514 471 458 476 535 494 474 501 563 520 491 533 588 544 495 404 419 395 430 423 443 428 468 442 453 449 499 458 451 457 504 478 469 486 541 490 489 522 563 515 500 533 574 542 514 546 607 79 Table 3.01(a) Concld. 1 2 Madhya Pradesh 34 Balaghat 35 Bhopal 36 Indore 37 Jabalpur Maharashtra 38 Mumbai 39 Nagpur 40 Nasik 41 Pune 42 Solapur Orissa 43 Barbil 44 Rourkela Punjab 45 Amritsar 46 Ludhiana Rajasthan 47 Ajmer 48 Jaipur Tamil Nadu 49 Chennai 50 Coimbatore 51 Coonoor 52 Madurai 53 Salem 54 Tiruchirapally Uttar Pradesh 55 Agra 56 Ghaziabad 57 Kanpur 58 Saharanpur 59 Varanasi West Bengal 60 Asansol 61 Darjeeling 62 Durgapur 63 Haldia 64 Howrah 65 Jalpaiguri 66 Kolkata 67 Raniganj Chandigarh 68 Chandigarh Delhi 69 Delhi Puducherry 70 Puducherry All-India 3 4 5 6 7 8 9 10 11 1.37 1.51 1.28 1.32 375 406 409 409 382 425 435 435 385 451 445 446 409 488 470 458 424 510 488 468 443 525 511 488 459 537 521 508 473 561 537 540 7.87 1.56 2.04 1.94 1.24 453 427 423 448 431 468 438 432 466 450 505 461 465 493 467 528 483 498 516 471 558 495 514 528 486 583 503 532 554 501 604 524 554 574 529 611 554 576 589 539 0.80 1.67 371 390 390 396 411 406 420 407 429 416 434 432 452 453 479 473 1.86 1.17 369 374 379 381 388 396 403 413 418 431 431 441 452 469 492 504 1.59 1.25 392 387 411 390 433 403 452 423 472 442 487 452 510 467 537 495 3.47 1.89 1.54 1.51 1.16 1.35 425 383 404 401 394 435 446 402 414 423 414 463 475 432 433 440 432 481 487 441 445 446 443 488 513 472 473 459 464 533 533 495 497 482 483 568 549 500 501 496 482 544 565 508 511 509 481 579 1.09 1.27 1.30 1.68 1.42 384 406 411 369 450 398 440 428 388 473 403 448 428 402 466 418 467 447 420 477 435 475 459 436 486 455 493 471 454 504 480 519 489 472 531 514 555 520 506 571 1.00 0.59 0.98 0.83 1.78 0.94 4.24 1.31 381 355 430 433 439 379 416 357 400 384 443 464 482 399 437 373 412 382 472 481 499 400 451 380 431 393 509 533 519 407 492 399 456 399 553 582 542 417 530 416 472 423 564 590 556 421 541 426 491 431 581 608 587 440 565 450 509 440 592 624 620 452 587 471 0.16 401 447 460 488 514 526 560 615 1.79 447 480 514 529 550 570 598 648 0.25 100.00 464 405 467 424 477 441 482 458 510 477 543 496 556 514 580 536 80 Table 3.01(b) Consumer Price Index Numbers for Industrial Workers on base 2001=100 (General Index – Annual Averages) S.No. State/Centre 1 2 Andhra Pradesh 1 Guntur 2 Hyderabad 3 Visakhapatnam 4 Warangal 5 Godavarikhani 6 Vijayawada Assam 7 D-D Tinsukia 8 Guwahati 9 Labac-Silchar 10 Mariani-Jorhat 11 Rangapara-Tezpur Bihar 12 Munger Jamalpur Chattisgarh 13 Bhilai Gujarat 14 Ahmedabad 15 Bhavnagar 16 Rajkot 17 Surat 18 Vadodra Goa 19 Goa Haryana 20 Faridabad 21 Yamunanagar Himachal Pradesh 22 Himachal Pradesh Jammu & Kashmir 23 Srinagar Jharkhand 24 Giridih 25 Bokaro 26 Jamshedpur 27 Jharia 28 Kodarma 29 Ranchi-Hatia Karnataka 30 Bangalore 31 Belgaum 32 Hubli-Dharwar 33 Mercara 34 Mysore Kerala 35 Ernakulam 36 Mundakayam 37 Quilon Madhya Pradesh 38 Bhopal 39 Indore 40 Jabalpur 41 Chhindwara Weight 3 2006 4 2007 5 2008 6 2009 7 2010 8 2011 9 2012 10 0.81 1.51 1.98 0.98 1.17 1.18 120 116 119 123 125 119 126 123 126 133 135 126 139 135 135 149 150 137 161 152 153 172 169 161 181 165 173 199 193 180 194 174 192 204 200 188 208 190 213 222 216 207 0.44 0.50 0.33 0.46 0.46 116 115 121 116 114 125 120 130 127 126 133 128 143 133 131 147 143 155 147 144 160 156 178 158 154 170 168 186 171 163 182 184 197 185 171 1.06 126 134 145 162 182 199 215 0.97 121 132 145 162 180 206 241 1.37 1.66 1.81 1.18 2.00 120 119 118 118 120 129 129 126 127 127 138 135 132 134 133 151 147 146 146 147 171 174 174 162 167 186 189 193 174 180 206 206 216 192 198 0.36 121 130 144 164 188 203 222 1.34 1.67 122 127 130 133 145 145 160 162 182 183 194 197 207 215 0.57 120 126 135 147 161 172 188 0.45 118 125 134 145 159 172 190 0.55 0.91 1.02 0.84 0.43 0.71 134 121 126 126 132 125 146 130 132 136 140 133 156 142 142 146 149 148 177 158 157 161 169 170 204 168 182 180 190 199 232 192 213 198 215 220 250 210 232 222 236 235 1.95 0.96 1.18 0.63 0.92 125 125 123 114 123 136 133 132 121 130 150 144 147 135 142 167 162 164 154 160 181 179 182 172 174 194 200 200 188 187 211 217 219 208 205 3.08 1.83 1.75 125 124 126 131 130 129 142 145 143 153 159 154 167 174 173 185 191 195 199 213 206 1.35 1.05 1.55 1.21 127 122 128 127 135 131 135 137 145 140 148 150 161 152 159 162 185 168 184 177 205 181 198 195 221 200 212 216 81 Table 3.01(b) Concld. 1 2 Mahrashtra 42 Mumbai 43 Nagpur 44 Nasik 45 Pune 46 Solapur Orissa 47 Rourkela 48 Angul Talchar Punjab 49 Amritsar 50 Ludhiana 51 Jalandhar Rajasthan 52 Ajmer 53 Jaipur 54 Bhilwara Tamil Nadu 55 Chennai 56 Coimbatore 57 Coonoor 58 Madurai 59 Salem 60 Tiruchirapally Tripura 61 Tripura Uttar Pradesh 62 Agra 63 Ghaziabad 64 Kanpur 65 Varanasi 66 Lucknow West Bengal 67 Asansol 68 Darjeeling 69 Durgapur 70 Haldia 71 Howrah 72 Jalpaiguri 73 Kolkata 74 Raniganj 75 Siliguri Chandigarh 76 Chandigarh Delhi 77 Delhi Puducherry 78 Puducherry ALL-INDIA 3 4 5 6 7 8 9 10 9.57 1.06 1.50 1.81 0.95 126 130 124 127 123 134 140 130 136 139 144 151 139 146 149 159 174 157 162 160 174 203 181 181 179 192 220 204 200 199 212 240 223 217 216 0.71 0.88 124 120 137 128 149 143 166 160 186 181 204 200 222 221 1.07 0.57 0.96 130 129 126 139 134 131 149 146 141 163 160 155 190 175 174 208 188 190 227 205 205 1.56 1.09 0.73 122 127 125 129 134 133 138 145 144 152 159 158 175 179 176 191 192 192 215 214 215 2.31 1.26 1.18 1.17 1.12 1.37 118 119 115 116 114 119 124 127 122 121 122 126 135 137 134 134 134 141 149 151 148 147 151 156 161 166 168 162 163 174 171 176 182 174 172 184 196 193 204 196 192 208 0.26 115 123 131 144 156 167 177 1.91 1.82 2.09 2.64 2.75 128 125 125 122 121 136 132 132 131 129 146 142 141 142 144 168 159 158 160 163 193 182 183 183 185 208 198 200 194 195 220 209 214 208 203 1.08 0.53 1.14 1.74 0.79 0.48 1.51 0.99 0.48 124 120 121 116 121 117 121 124 124 138 130 130 124 130 125 132 132 135 151 142 140 131 139 136 142 140 144 171 153 155 144 154 150 156 156 156 195 170 178 161 171 167 172 169 173 211 184 193 185 183 179 185 180 187 231 196 215 211 199 192 199 195 197 0.16 125 131 140 155 175 197 213 1.99 122 128 137 147 163 176 191 0.59 100.00 123 123 130 131 146 142 163 157 173 176 184 192 209 209 82 Table 3.02 All India Consumer Price Numbers for Industrial Workers Year/Month 1 Base: 1982=100 General Index 2 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Food Index 3 306 334 358 405 424 441 458 477 496 514 536 331 359 380 437 444 452 462 474 490 504 520 123 131 142 157 176 192 209 122 134 149 169 190 204 223 Base: 2001=100 2006 2007 2008 2009 2010 2011 2012 General Food 2011 2012 2011 2012 January 188 198 205 206 February 185 199 197 207 March 185 201 196 212 April 186 205 197 218 May 187 206 198 219 June 189 208 201 222 July 193 212 204 227 August 194 214 205 230 September 197 215 209 232 October 198 217 212 233 November 199 218 212 235 December 197 219 207 235 New Series of CPI (IW) on base: 2001=100 has been released with effect from the Index of Jan., 2006. The Linking Factors between 2001 to 1982 series are 4.63 and 4.58 for General and Food Index respectively. 83 Table 3.03 Consumer Price Index Numbers for Industrial Workers on base 2001=100 Point to point rate of inflation Month Inflation 2011 2012 January 9.30 5.32 February 8.82 7.57 March 8.82 8.65 April 9.41 10.22 May 8.72 10.16 June 8.62 10.05 July 8.43 9.84 August 8.99 10.31 September 10.06 9.14 October 9.39 9.60 November 9.34 9.55 December 6.49 11.17 B. Agricultural/Rural Labourers The current series of Consumer Price Index Numbers for Agricultural and Rural Labourers on base 1986-87=100 replaced earlier series of CPI (AL) on base 1960-61=100 with effect from the index of November, 1995. The previous series was being compiled for Agricultural Labourers only, whereas the new series is started for Rural Labourers as well as its sub-set Agricultural Labourers. These index numbers, which measure the temporal change in prices of fixed basket of goods and services consumed by the target group, i.e. agricultural/rural labourers, serve as a guiding principle for fixation and revision of minimum wages of labourers engaged in agricultural occupations under the Minimum Wages Act, 1948. The rural retail prices utilized in the compilation of CPI-AL/RL are collected regularly by the staff of the Field Operations Division (FOD) of the NSSO from 600 representative sample villages spread over 20 States. The collection of retail prices is staggered over four weeks of a month with one-fourth of the sample villages being covered every week on a fixed price collection day. The weighting diagrams for the series were derived from the data of Consumer Expenditure Survey conducted during 38th Round of NSS in 1983. These indices are compiled separately for 20 States and on the basis of these State indices, an all-India index is compiled as per the methodology approved by Technical Advisory Committee on Statistics of Prices and Cost of Living (TAC on SPCL). All-India index is a weighted average of 20 constituent State indices. The annual average indices for General and Food Group are presented in Table 3.04(a) and 3.04(b) for Agricultural Labourers and in Table 3.05(a) and 3.05(b) for Rural Labourers. The highest increase in annual average General and Food Group indices of Agricultural Labourers during the agricultural year 2011-2012 was to the extent of 12.71% in Manipur and 10.62% in Maharashtra respectively as against the all-India average increase of 7.80% and 4.81%. Similarly, the highest increase in the annual average General and Food Group indices in respect of Rural Labourers during the agricultural year 2011-2012 was in Manipur 12.67% and in Maharashtra 10.23% respectively as against the all-India average increase of 7.97% and 4.98% respectively. A comparative picture of percentage change in Calendar Year Averages during 2012 as compared to 2011 for General and Food Group indices in respect of both the series has also been presented in the aforesaid tables. 84 Table 3.04 (a) Consumer Price Index Numbers for Agricultural Labourers on base 1986-87=100 Annual Averages for Agricultural Year (July to June) 2010-2011 & 2011-2012 and Calendar Year 2011 & 2012 S.No. State Weight 1 2 3 Agricultural Year 2010-11 2011-12 4 5 GENERAL INDEX Percentage Calendar Year increase/ decrease 2011 2012 (2011-12 over 2010-11) 6 7 8 Percentage increase/ decrease (2012 over 2011) 9 1 Andhra Pradesh 12.97 603 668 10.78 640 692 8.13 2 Assam 1.69 580 622 7.24 600 654 9.00 3 Bihar 11.38 532 552 3.76 543 580 6.81 4 Gujarat 5.20 583 627 7.55 602 656 8.97 5 Haryana 1.81 642 690 7.48 666 726 9.01 6 Himachal Pradesh 0.10 484 513 5.99 494 537 8.70 7 Jammu & Kashmir 0.26 568 608 7.04 590 637 7.97 8 Karnataka 6.67 595 665 11.76 634 701 10.57 9 Kerala 5.02 562 601 6.94 588 621 5.61 10 Madhya Pradesh 6.86 569 615 8.08 593 645 8.77 11 Maharashtra 9.96 619 691 11.63 660 726 10.00 12 Manipur 0.10 527 594 12.71 562 618 9.96 13 Meghalaya 0.13 576 633 9.90 604 670 10.93 14 Orissa 5.07 538 562 4.46 550 591 7.45 15 Punjab 3.02 624 685 9.78 652 720 10.43 16 Rajasthan 2.14 608 668 9.87 639 703 10.02 17 Tamil Nadu 8.47 565 605 7.08 585 639 9.23 18 Tripura 0.15 514 548 6.61 536 567 5.78 19 Uttar Pradesh 9.61 566 595 5.12 582 632 8.59 20 West Bengal 9.39 561 592 5.53 579 616 6.39 100.00 577 622 7.80 602 652 8.31 All-India 85 Table 3.04 (b) Consumer Price Index Numbers for Agricultural Labourers on base 1986-87=100 Annual Averages for Agricultural Year (July to June) 2010-2011 & 2011-2012 and Calendar Year 2011 & 2012 S.No. State Weight 1 2 3 Agricultural Year 2010-11 2011-12 4 5 FOOD INDEX Percentage Calendar Year increase/ decrease 2011 2012 (2011-12 over 2010-11) 6 7 8 Percentage increase/ decrease (2012 over 2011) 9 1 Andhra Pradesh 11.97 626 674 7.67 655 692 5.65 2 Assam 1.79 586 620 5.80 602 653 8.47 3 Bihar 12.52 519 521 0.39 523 543 3.82 4 Gujarat 5.13 614 649 5.70 627 679 8.29 5 Haryana 1.69 683 722 5.71 700 761 8.71 6 Himachal Pradesh 0.09 504 530 5.16 510 559 9.61 7 Jammu & Kashmir 0.27 606 642 5.94 628 671 6.85 8 Karnataka 6.32 612 674 10.13 646 710 9.91 9 Kerala 4.85 571 596 4.38 592 611 3.21 10 Madhya Pradesh 7.19 583 607 4.12 596 634 6.38 11 Maharashtra 9.34 650 719 10.62 690 753 9.13 12 Manipur 0.10 520 554 6.54 544 558 2.57 13 Meghalaya 0.14 584 631 8.05 608 667 9.70 14 Orissa 5.70 528 534 1.14 530 560 5.66 15 Punjab 2.68 664 716 7.83 688 752 9.30 16 Rajasthan 1.94 608 646 6.25 625 685 9.60 17 Tamil Nadu 8.43 531 542 2.07 539 574 6.49 18 Tripura 0.15 523 550 5.16 544 569 4.60 19 Uttar Pradesh 9.19 582 592 1.72 586 635 8.36 20 West Bengal 10.51 544 556 2.21 553 574 3.80 All-India 100.00 582 610 4.81 598 638 6.69 86 Table 3.05 (a) Consumer Price Index Numbers for Rural Labourers on base 1986-87=100 Annual Averages for Agricultural Year (July to June) 2010-2011 & 2011-2012 and Calendar Year 2011 & 2012 S.No. State Weight 1 2 3 Agricultural Year 2010-11 2011-12 4 5 GENERAL INDEX Percentage Calendar Year increase/ decrease 2011 2012 (2011-12 over 2010-11) 6 7 8 Percentage increase/ decrease (2012 over 2011) 9 1 Andhra Pradesh 12.21 599 665 11.02 636 690 8.49 2 Assam 1.96 583 625 7.20 603 657 8.96 3 Bihar 9.81 532 555 4.32 545 583 6.97 4 Gujarat 5.04 583 626 7.38 602 655 8.80 5 Haryana 2.07 638 685 7.37 660 720 9.09 6 Himachal Pradesh 0.19 503 535 6.36 514 559 8.75 7 Jammu & Kashmir 0.52 564 602 6.74 586 631 7.68 8 Karnataka 6.27 594 665 11.95 634 700 10.41 9 Kerala 6.33 566 604 6.71 590 625 5.93 10 Madhya Pradesh 6.38 576 622 7.99 600 653 8.83 11 Maharashtra 9.96 613 683 11.42 653 720 10.26 12 Manipur 0.08 529 596 12.67 564 619 9.75 13 Meghalaya 0.12 572 629 9.97 600 665 10.83 14 Orissa 4.47 538 563 4.65 550 592 7.64 15 Punjab 3.28 622 681 9.49 649 716 10.32 16 Rajasthan 2.78 600 661 10.17 632 647 2.37 17 Tamil Nadu 9.35 559 603 7.87 581 637 9.64 18 Tripura 0.27 512 547 6.84 535 566 5.79 19 Uttar Pradesh 9.74 563 597 6.04 581 633 8.95 20 West Bengal 9.17 564 597 5.85 583 623 6.86 100.00 577 623 7.97 602 654 8.64 All-India 87 Table 3.05(b) Consumer Price Index Numbers for Rural Labourers on base 1986-87=100 Annual Averages for Agricultural Year (July to June) 2010-2011 & 2011-2012 and Calendar Year 2011 & 2012 S.No. State 1 2 Andhra Pradesh Assam Bihar Gujarat Haryana Himachal Pradesh Jammu & Kashmir Karnataka Kerala Madhya Pradesh Maharashtra Manipur Meghalaya Orissa Punjab Rajasthan Tamil Nadu Tripura Uttar Pradesh West Bengal All-India 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 C. FOOD INDEX Percentage Calendar Year increase/ decrease 2011 2012 (2011-12 over 2010-11) 3 11.41 2.13 10.89 5.00 1.88 0.19 4 625 594 517 615 683 525 5 673 627 520 650 723 550 6 7.68 5.56 0.58 5.69 5.86 4.76 7 654 609 522 628 700 530 8 692 661 542 681 762 581 Percentage increase/ decrease (2012 over 2011) 9 5.81 8.54 3.83 8.44 8.86 9.62 0.54 600 632 5.33 619 661 6.79 6.12 6.37 6.42 9.31 0.08 0.13 5.18 2.77 2.51 8.97 0.30 9.37 10.43 100.00 608 574 583 645 522 583 528 662 602 536 517 583 545 582 670 597 607 711 555 628 534 715 642 551 544 596 557 611 10.20 4.01 4.12 10.23 6.32 7.72 1.14 8.01 6.64 2.80 5.22 2.23 2.20 4.98 642 593 596 684 547 606 530 687 620 545 538 588 554 599 700 613 635 746 558 664 560 751 683 584 563 638 576 640 9.03 3.37 6.54 9.06 2.01 9.57 5.66 9.32 10.16 7.16 4.65 8.50 3.97 6.84 Weight Agricultural Year 2010-11 2011-12 Retail Price Indices for 31 Selected Essential Commodities In pursuance of the decision of the Cabinet Committee on Economic Affairs, Labour Bureau has been compiling Retail Price Indices for 31 selected essential commodities for urban areas by utilizing the prices collected for compilation of Consumer Price Index Numbers. These indices are being compiled as per the methodology evolved by the Labour Bureau and approved by the Technical Advisory Committee on Statistics of Prices and Cost of Living (TAC on SPCL). These indices are being supplied regularly to the Ministry of Consumer Affairs, Food and Public Distribution, formerly known as Ministry of Civil Supplies for the use of Essential Commodities and Price Surveillance Committee. The Retail Price Indices in respect of 31 essential commodities on the basis of prices being collected for the compilation of Consumer Price Index Numbers for Industrial Workers on Base 1960=100 were compiled from April, 1985 to September, 1988 and on the base 1982=100 from July, 1989 to December, 2005. Since the compilation of CPI(IW) has been shifted to 2001=100 with January, 2006 index as such the Retail Price Indices in respect of 31 Essential Commodities are compiled by utilising the prices collected for 78 centres regularly with effect from January, 2006 index on month to month basis. 88 CHAPTER 4 INDUSTRIAL RELATIONS The term Industrial relations, which explain the relationship between employees and management, has become one of the most delicate and complex issues of modern industrial society as it plays a crucial role in the process of industrialisation. Therefore, it is imperative to create and maintain good relations between workers and management by formulating effective measures. Formulation of effective measures/policies, however, depends upon the arrangements for the collection, processing and dissemination of the statistics of industrial relations on regular basis. In the following paragraphs some important aspects of the Trade Unions, Industrial Relations Machinery, Consultative Machinery, Workers Participation etc., are briefly discussed. 1. TRADE UNIONS Trade Unions Statistics Statistics pertaining to Number of Trade Unions registered under the Trade Unions Act, 1926, Number of Unions Submitting Returns, Sex-wise Membership and Average Membership per Union Submitting Returns are presented in Table 4.01. There has been a decline in the number of registered Trade Unions during 2010 and 2011. However, it may be mentioned that figures for the year 2009 to 2011 pertain to those States/UTs which have responded. Table 4.01 Number of Registered Trade Unions (Workers' and Employers') and Membership of Trade Unions submitting Returns for the years 2002 to 2011 Year Number of Registered Trade Unions (E) 1 2002 2 68544 2003 74649 2004 74403 2005 78465 2006 88440 2007 95783 2008 84642 2009 22284* 2010 19376* 2011 10264* Number of Trade Unions Submitting Returns 3 7812 (11.4) 7258 (9.7) 5242 (7.0) 8317 (10.6) 8471 (9.6) 7408 (7.7) 9709 (11.5) 3861 (17.3) 2937 (15.8) 2769 (26.98) Membership of Trade Unions Submitting Returns (In 000's) Men Women Total 4 5 6 5102 1871 6973 (73.2) (26.8) 4854 1423 6277 (77.3) (22.7) 2954 443 3397 (87.0) (13.0) 6334 2385 8719 (73.0) (27.0) 7754 1206 8960 86.5 13.5 5751 2126 7877 73.0 27.0 7420 2154 9574 77.5 22.5 4388 2092 6480 67.7 32.3 3185 1912 5097 62.5 37.5 6203 1218 7421 83.6 16.4 Average Membership per Trade Union submitting returns 7 893 865 648 1048 1058 1063 986 1678 1735 2680 Note: 1. * - Number of Registered Trade Unions pertaining to responding States/Union Territories only. 2. Due to rounding of figures in Col. 4, 5 & 6 totals may not necessarily tally. 3. Figures in brackets under col.3 indicate percentage to estimated registered Trade Unions (i.e. col.2) upto the year 2008 and thereafter for the year 2009 to 2011 are excluding estimated figures. 4. Figures in brackets under col. 4&5 indicate percentage to Total (i.e. col.6). Source: Annual Returns received under the Trade Unions Act, 1926. 89 Table 4.02 presents state-wise number and membership of trade unions of Workers‘ and Employers‘ during 2010 and 2011. It may be seen from the table that during 2010, out of 19320 Registered Workers‘ Unions, Kerala has the largest number of Registered Unions (12030) followed by Punjab (2658) and Haryana (1544). In the year 2011, out of 10264 Registered Workers‘ Unions, Karnataka has the largest number of Registered Unions (3187) followed by Punjab (2587) and Haryana (1466). No significant data was reported for Employers' Unions during the year 2010 and 2011 respectively. Only Punjab has reported data in respect of Employers' Union for the year 2010. Table 4.02 State wise Number and Membership of Workers’ and Employers’ (Central and State) Trade Unions during 2010 and 2011 2010 2011 Employers‘ Unions Assam Chhattisgarh Goa Haryana Karnataka Kerala Manipur Meghalaya Mizoram Nagaland Punjab Rajasthan A & N Islands Chandigarh D& N Haveli Puducherry Total - Membership of Unions submitting returns (000‘s) On Register Submitting returns Membership of Unions submitting returns (000‘s) On Register Submitting returns Membership of Unions submitting returns (000‘s) On Register Submitting returns Membership of Unions submitting returns (000‘s) 1 Employers‘ Unions Submitting returns State/Union Territory Workers‘ Unions On Register Workers‘ Unions 2 3 4 5 6 7 8 9 10 11 12 13 817 549 260 65 1544 270 12030 1284 91 26 43 14 21 10 2658 505 132 28 579 78 1 1 1144 106 19320 2936 1205 58 364 2785 23 8 5 619 56 3 18 0 10 5097 - 1 - 15 - 547 187 1466 3187 35 15 2587 560 268 1412 10264 218 82 388 685 16 15 616 559 88 102 2769 1486 88 671 1792 7 8 1473 1845 25 26 7421 - - - = Not reported N.B.:- Totals may not necessarily tally due to rounding off figures in thousands. Source: Annual Returns received under the Trade Unions Act, 1926. 90 Income and Expenditure Income and Expenditure of Workers and Employers Unions submitting returns for the year 2001 to 2011 are presented in Table 4.03. During 2011, income as well as expenditure of Workers Unions as compared to previous year has increased by 23 per cent and 18 per cent respectively. However, no significant data was provided for Employers Union for the year 2009 to 2011. Table 4.03 Income and Expenditure of Registered Workers’ and Employers’ Trade Unions Submitting Returns for the Years 2001 to 2011 Year Workers' Unions Employers‘ Unions No. of Income Expenditure (Rs. No. of Income Expenditure unions (Rs. in in Lakh) unions (Rs. in (Rs. in Lakh) submitting Lakh) submitting Lakh) returns returns 1 2 3 4 5 6 7 2001 6513 5558.52 4895.56 18 22.21 17.59 2002 7734 6254.54 5340.46 78 404.19 341.70 2003 7229 9432.81 6733.15 29 31.08 23.89 2004 5217 6983.41 5627.83 25 78.41 40.18 2005 8255 8521.84 6182.51 62 63.59 41.54 2006 8411 11565.82 8980.36 60 124.91 578.57 2007 7405 10294.95 8437.25 3 29.38 27.40 2008 9702 11380.82 8098.74 7 37.15 33.76 2009 3861 4861.12 3868.19 - - - 2010 2936 3763.53 3417.55 1 * * 2011 2769 4638.55 4043.20 - - - Note: - not reported * less than 50,000 Source: Annual Returns received under the Trade Unions Act, 1926. Number and Membership of Unions Classified According to Industries Table 4.04 (a) and 4.04 (b) present industry wise number and membership of Workers‘ and Employers‘ unions respectively for the years 2010 and 2011 according to NIC 2008. Out of 2936 and 2769 Workers‘ Unions that submitted returns ―Manufacturing group‖ (Ind. Code C) accounted for maximum number of 1001 unions and 1022 unions during 2010 and 2011 respectively. As regard to membership of Workers‘ Unions ―Manufacturing‖ (Ind. Code C) contributed the largest share of 1342138 persons and 1195907 persons during 2010 and 2011 respectively. 91 Table 4.04(a) Number and Membership of Workers’ Unions classified according to Industries during 2010 and 2011 01 011 012 014 015 016 017 02 021 022 023 024 03 031 032 B 05 051 06 061 07 072 08 081 089 C 10 101 102 103 104 105 106 Support services to forestry Fishing and aquaculture Fishing Aquaculture Mining and quarrying Mining of coal and lignite Mining of hard coal Extraction of crude petroleum and natural gas Extraction of crude petroleum Mining of metal ores Mining of non-ferrous metal ores Other mining and quarrying Quarrying of stone, sand and clay Mining and quarrying n.e.c. Manufacturing Manufacture of food products Processing and preserving of meat Processing and preserving of fish, crustaceans and molluscs Processing and preserving of fruit and vegetables Manufacture of vegetable and animal oils and fats Manufacture of dairy products Manufacture of grain mill products, starches and starch products Average membership per union submitting returns Membership No. of Unions submitting returns 2 Agriculture, forestry and fishing Crop and animal production, hunting and related service activities Growing of non-perennial crops Growing of perennial crops Animal production Mixed farming Support activities to agriculture and post-harvest crop activities Hunting, trapping and related service activities Forestry and logging Silviculture and other forestry activities Logging Gathering of non-wood forest products 2011 Average membership per union submitting returns 1 A 2010 Membership Industry No. of Unions submitting returns Industry code (NIC 2008) 3 233 186 4 1388037 1346370 5 5957 7239 6 136 114 7 1517762 1452193 8 11160 12739 16 53 8 69 34 130186 648232 6578 254376 305267 8137 12231 822 3687 8978 38 12 6 10 42 746755 10468 2782 390416 299964 19651 872 464 39042 7142 6 1731 289 6 1808 301 16 4 6 1 6340 510 2630 220 396 128 438 220 21 17 1 - 65541 60085 1270 - 3121 3534 1270 - 5 31 31 45 10 2980 35327 35327 26626 6373 596 1140 1140 592 637 4 1 1 67 23 23 2 4186 28 28 369748 230662 230662 290 1047 28 28 5519 10029 10029 195 10 13 13 22 19 3 1001 102 1 1 6373 1154 1154 19099 18871 228 1342138 186982 210 952 637 89 89 868 993 76 1341 1833 210 952 2 10 6 32 28 4 1022 103 1 1 390 18706 7365 119990 119442 548 1195907 86199 190 205 195 1871 1228 3750 4266 137 1170 837 190 205 - - - 1 47 47 3 186 62 8 703 88 17 25 4868 32344 286 1294 22 15 34025 11481 1547 765 92 Table 4.04(a) Contd. 1 2 107 Manufacture of other food products 108 Manufacture of prepared animal feeds 11 110 12 120 13 131 139 14 141 15 151 152 16 161 162 17 170 18 181 19 191 192 20 201 202 21 210 Manufacture of beverages Manufacture of beverages Manufacture of tobacco products Manufacture of tobacco products Manufacture of textiles Spinning, weaving and finishing of textiles Manufacture of other textiles Manufacture of wearing apparel Manufacture of wearing apparel, except fur apparel Manufacture of leather and related products Tanning and dressing of leather; manufacture of luggage, handbags, saddlery and harness; dressing and dyeing of fur Manufacture of footwear Manufacture of wood and products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials Sawmilling and planing of wood Manufacture of products of wood, cork, straw and plaiting materials Manufacture of paper and paper products Manufacture of paper and paper products Printing and reproduction of recorded media Printing and service activities related to printing Manufacture of coke and refined petroleum products Manufacture of coke oven products Manufacture of refined petroleum products Manufacture of chemicals and chemical products Manufacture of basic chemicals, fertilizer and nitrogen compounds, plastics and synthetic rubber in primary forms Manufacture of other chemical products Manufacture of pharmaceuticals, medicinal chemical and botanical products Manufacture of pharmaceuticals, medicinal chemical and botanical products 3 53 2 4 148354 68 5 2799 34 6 53 2 7 39428 120 8 744 60 105 105 18 18 174 114 26646 26646 24611 24611 149975 80043 254 254 1367 1367 862 702 22 22 25 25 113 102 7010 7010 72433 72433 165870 91980 319 319 2897 2897 1468 902 60 32 32 69932 405651 405651 1166 12677 12677 11 9 9 73890 4811 4811 6717 535 535 8 2380 298 24 6797 283 3 1214 405 9 4131 459 5 32 1166 9786 233 306 15 17 2666 19407 178 1142 23 9 8621 1165 375 129 11 6 8838 10569 803 1762 31 9196 297 15 6432 429 31 9196 297 15 6132 429 28 10146 362 22 8675 394 28 10146 362 22 8675 394 21 28133 1340 13 3886 299 21 28133 1340 1 12 75 3811 75 318 53 12422 234 53 14744 278 25 4764 191 26 8852 340 28 7658 274 27 5892 218 10 1401 140 35 3980 114 10 1401 140 35 3980 114 93 Table 4.04(a) Contd. 1 2 22 Manufacture of rubber and plastics products 221 Manufacture of rubber products 222 Manufacture of plastics products 23 Manufacture of other non-metallic mineral products 231 Manufacture of glass and glass products 239 24 241 242 243 25 251 252 259 26 261 262 263 264 265 266 267 268 27 271 272 273 274 3 51 4 16752 5 328 6 35 7 16258 8 465 50 1 67 16736 16 168728 335 16 2518 30 5 84 15383 875 329015 513 175 3917 7 1180 169 11 1626 148 Manufacture of non-metallic mineral products n.e.c. Manufacture of basic metals Manufacture of basic iron and steel Manufacture of basic precious and other non-ferrous metals Casting of metals Manufacture of fabricated metal products, except machinery and equipment Manufacture of structural metal products, tanks, reservoirs and steam generators Manufacture of weapons and ammunition Manufacture of other fabricated metal products; metalworking service activities Manufacture of computer, electronic and optical products Manufacture of electronic components 60 167548 2792 73 327389 4485 37 28 2 27421 25406 222 741 907 111 82 58 13 297298 283834 8919 3626 4894 686 7 31 1793 34519 256 1114 11 76 4545 52021 413 684 12 19203 1600 25 23371 935 1 38 38 18 3394 189 18 15278 849 33 25256 765 15 6133 409 36 10091 280 3 3649 1216 11 2086 190 Manufacture of computers and peripheral equipment Manufacture of communication equipment Manufacture of consumer electronics Manufacture of measuring, testing, navigating and control equipment; watches and clocks Manufacture of irradiation, electromedical and electrotherapeutic equipment Manufacture of optical instruments and equipment Manufacture of magnetic and optical media Manufacture of electrical equipment Manufacture of electric motors, generators, transformers and electricity distribution and control apparatus Manufacture of batteries and accumulators Manufacture of wiring and wiring devices Manufacture of electric lighting equipment 1 75 75 1 73 73 1 720 720 1 135 135 3 5 304 805 101 161 9 5281 587 1 402 402 - - - - - - 1 26 26 1 178 178 13 2490 192 39 15 4307 993 110 66 68 32 17707 8920 260 279 - - - 4 502 126 8 804 101 9 1552 172 5 1340 268 12 3689 307 94 Table 4.04(a) Contd. 1 2 275 Manufacture of domestic appliances 279 Manufacture of other electrical equipment 28 Manufacture of machinery and equipment n.e.c. 281 Manufacture of general purpose machinery 282 Manufacture of special-purpose machinery 29 Manufacture of motor vehicles, trailers and semi-trailers 291 Manufacture of motor vehicles 292 Manufacture of bodies (coachwork) for motor vehicles; manufacture of trailers and semi-trailers 293 Manufacture of parts and accessories for motor vehicles 30 Manufacture of other transport equipment 301 Building of ships and boats 302 Manufacture of railway locomotives and rolling stock 303 Manufacture of air and spacecraft and related machinery 304 Manufacture of military fighting vehicles 309 Manufacture of transport equipment n.e.c. 31 Manufacture of furniture 310 Manufacture of furniture 32 Other manufacturing 321 Manufacture of jewellery, bijouterie and related articles 323 Manufacture of sports goods 324 Manufacture of games and toys 329 Other manufacturing n.e.c. 33 Repair and installation of machinery and equipment 331 Repair of fabricated metal products, machinery and equipment 332 Installation of industrial machinery and equipment D Electricity, gas, steam and air conditioning supply 35 Electricity, gas, steam and air conditioning supply 351 Electric power generation, transmission and distribution 352 Manufacture of gas; distribution of gaseous fuels through mains E Water supply; sewerage, waste management and remediation Activities 36 Water collection, treatment and supply 3 6 5 4 648 522 5 108 104 6 6 5 7 2277 767 8 380 153 68 33436 492 122 44560 365 11 5811 528 75 26154 349 57 27625 485 47 18406 392 15 2348 157 25 9258 370 7 8 516 1832 74 229 9 10 2942 2250 327 225 - - - 6 4066 678 22 11384 517 29 12208 421 3 - 2543 - 848 - 2 370 185 2 70 35 1 376 376 7 1416 202 - - - 10 7355 736 26 11462 441 5 5 31 10 10885 10885 156386 9695 2177 2177 5045 970 6 6 3 - 2287 2287 1898 - 381 381 633 - 4 11 6 6 2388 143120 1183 2510 597 13011 197 418 3 5 1898 3062 633 612 6 2510 418 4 3026 757 - - - 1 36 36 26 118968 4576 74 714346 9653 26 118968 4576 74 714346 9653 26 118968 4576 71 703540 9909 - - - 3 10806 3602 29 17285 596 58 225983 3896 8 10263 1283 37 209661 5667 95 Table 4.04(a) Contd. 1 2 360 Water collection, treatment and supply 37 370 38 381 F 41 410 42 421 422 429 43 431 432 433 439 G 45 451 452 453 454 46 461 462 463 464 469 47 471 472 473 474 Sewerage Sewerage Waste collection, treatment and disposal activities; materials recovery Waste collection Construction Electricity, gas, steam and air conditioning supply Construction of buildings Water collection, treatment and supply Construction of roads and railways Construction of utility projects Construction of other civil engineering projects Sewerage Demolition and site preparation Electrical, plumbing and other construction installation activities Building completion and finishing Other specialized construction activities Wholesale and retail trade; repair of motor vehicles and motorcycles Wholesale and retail trade and repair of motor vehicles and motorcycles Sale of motor vehicles Maintenance and repair of motor vehicles Sale of motor vehicle parts and accessories Sale, maintenance and repair of motorcycles and related parts and accessories Wholesale trade, except of motor vehicles and motorcycles Wholesale on a fee or contract basis Wholesale of agricultural raw materials and live animals Wholesale of food, beverages and tobacco Wholesale of household goods Non-specialized wholesale trade Retail trade, except of motor vehicles and motorcycles Retail sale in non-specialized stores Retail sale of food, beverages and tobacco in specialized stores Retail sale of automotive fuel in specialized stores Retail sale of information and communications equipment in specialized stores 3 8 4 10263 5 1283 6 37 7 209661 8 5667 7 7 14 2214 2214 4808 316 316 343 20 20 1 16270 16270 52 814 814 52 14 226 149 4808 832192 717212 343 3682 4814 1 133 70 52 1083925 714439 52 8150 10206 149 35 717212 69733 4814 1992 70 49 714439 37634 10206 768 5 14 16 9599 46775 13359 1920 3341 835 18 11 20 12725 13107 11802 707 1192 590 42 29 6 45247 32148 5478 1077 1109 913 14 5 331852 291449 23704 58290 7 148 7621 140923 1089 952 3 6 102 938 39465 220137 313 6578 2158 21 45743 2178 41 102883 2509 21 45743 2178 8 27 83625 15165 10453 562 - - - 2 610 305 - - - 4 3483 871 18 8862 492 28 104424 3729 3 4 139 401 46 100 3 - 291 - 97 - 6 1343 224 16 85046 5315 3 2 109 1256 5723 86318 419 2862 792 7 1 33 15467 3455 12830 2210 3455 389 50 39 31941 46010 639 1180 5 11 2304 2715 461 247 4 4377 1094 5 1823 365 3 947 316 - - - 96 Table 4.04(a) Contd. 1 2 476 Retail sale of cultural and recreation goods in specialized stores 477 Retail sale of other goods in specialized stores 478 Retail sale via stalls and markets 479 Retail trade not in stores, stalls or markets H Transportation and storage 49 Land transport and transport via pipelines 491 Transport via railways 492 Other land transport 50 Water transport 501 Sea and coastal water transport 502 Inland water transport 51 Air transport 511 Passenger air transport 512 Freight air transport 52 Warehousing and support activities for transportation 521 Warehousing and storage 522 Support activities for transportation 53 Postal and courier activities 531 Postal activities 532 Courier activities I Accommodation and Food service activities 55 Accommodation 551 Short term accommodation activities 552 Camping grounds, recreational vehicle parks and trailer parks 559 Other accommodation 56 Food and beverage service activities 561 Restaurants and mobile food service activities 562 Event catering and other food service activities 563 Beverage serving activities J Information and communication 58 Publishing activities 581 Publishing of books, periodicals and other publishing activities 59 Motion picture, video and television programme production, sound recording and music publishing activities 591 592 60 601 602 61 Motion picture, video and television programme activities Sound recording and music publishing activities Broadcasting and programming activities Radio broadcasting Television programming and broadcasting activities Telecommunications 3 - 4 - 5 - 6 1 7 522 8 522 3 689 230 4 1380 345 8 2 2044 310 256 155 5 2 3731 355 746 178 486 432 615063 496366 1266 1149 349 295 574403 533323 1646 1808 1 431 8 5 3 3 3 41 545 495821 1166 567 599 267 267 117000 545 1150 146 113 200 89 89 2854 10 285 2 2 21 19 2 28 40087 493236 2273 2273 3018 2845 173 34922 4009 1731 1137 1137 144 150 87 1247 3 38 2 2 55 6696 110304 264 264 11751 2232 2903 132 132 214 15 13 3 2 1 59 4383 30539 867 875 82 175048 292 2349 289 393 82 2967 26 20 - 5281 4194 - 203 210 - 41 32 3 106015 103702 1014 2586 3241 338 6 29 21 1087 6470 5805 181 223 276 6 18 17 1299 69033 67996 217 3835 4000 4 238 60 1 1037 1037 4 65 6 6 427 32681 1057 1057 107 503 176 176 49 3 3 75205 164 164 1535 55 55 45 13364 297 17 2597 153 14 3931 281 17 2597 153 31 9433 304 - - - 7 4701 672 21 66799 3181 7 4701 672 5 16 5519 61280 1104 3830 7 13559 1937 3 2611 870 97 Table 4.04(a) Contd. 1 2 611 Wired telecommunications activities 612 Wired telecommunications activities 619 Other telecommunications activities 62 Computer programming, consultancy and related activities 620 Computer programming, consultancy and related activities 63 Information service activities 631 Data processing, hosting and related activities; web portals 639 Other information service activities K Financial and insurance activities 64 Financial service activities, except insurance and pension funding 641 Monetary intermediation 642 Activities of holding companies 649 Other financial service activities, except insurance and pension funding activities 65 651 653 66 661 L 68 681 682 M 69 692 71 711 72 721 722 73 749 75 Insurance, reinsurance and pension funding, except compulsory social security Insurance Pension funding Other financial activities Activities auxiliary to financial service activities, except insurance and pension funding Real estate activities Real estate activities Real estate activities with own or leased property Real estate activities on a fee or contract basis Professional, scientific and technical activities Legal and accounting activities Accounting, bookkeeping and auditing activities; tax consultancy Architecture and engineering activities; technical testing and analysis Architectural and engineering activities and related technical consultancy Scientific research and development Research and experimental development on natural sciences and engineering Research and experimental development on social sciences and humanities Advertising and market research Other professional, scientific and technical activities n.e.c. Veterinary activities 3 4 3 - 4 3541 10018 - 5 885 3339 - 6 2 1 1 7 2361 250 512 8 1181 250 512 - - - 1 512 512 - - - 4 3 2522 1484 631 495 127 87 159717 57361 1258 659 1 175 140 1038 100825 89548 1038 576 640 76 4 7 55340 1069 952 728 267 136 136 4 88800 748 653 187 38 91945 2420 29 1051 350 38 2 2 91945 10411 10411 2420 5206 5206 24 5 6 6 7031 3120 1126 1126 293 624 188 188 3 3 2 4170 4170 155 1390 1390 78 - - - 1 4015 4015 - - - 10 12567 1257 23 8828 384 - - - 1 1 117 117 117 117 1 122 122 - - - 1 122 122 - - - 2 1 67 16 34 16 8 7 1680 1593 210 228 1 51 51 1 87 87 7 7 12378 12378 1768 1768 10 10 6401 6401 640 640 - - - 4 630 158 98 Table 4.04(a) Contd. 1 2 750 Veterinary activities N Administrative and support service activities 77 Rental and leasing activities 771 Renting and leasing of motor vehicles 78 Employment activities 783 Human resources provision and management of human resources functions 79 Travel agency, tour operator and other reservation service activities 791 Travel agency and tour operator activities 80 Security and investigation activities 801 Private security activities 802 Security systems service activities 803 Investigation activities 81 Services to buildings and landscape activities 811 Combined facilities support activities 812 Cleaning activities 813 Landscape care and maintenance service activities 82 Office administrative, office support and other business support activities 821 Office administrative and support activities 829 Business support service activities n.e.c. O 84 841 842 843 P 85 851 852 853 854 855 Q 86 861 862 869 88 Public administration and defence; compulsory social security Public administration and defence; compulsory social security Administration of the State and the economic and social policy of the community Provision of services to the community as a whole Compulsory social security activities Education Education Primary education Secondary education Higher education Other education Educational support services Human health and social work activities Human health activities Hospital activities Medical and dental practice activities Other human health activities Social work activities without accommodation 3 107 4 67611 5 632 6 4 59 7 630 88831 8 158 1506 1 1 78 78 224 224 48751 48751 224 224 625 625 5 5 52223 52223 10445 10445 2 609 305 2 179 90 2 609 305 2 179 90 5 5 12 11231 11231 2884 2246 2246 240 8 4 3 1 4 3374 2080 1168 126 1573 422 520 389 126 393 1 8 3 50 2666 168 50 333 56 3 1 1120 453 373 453 9 3912 435 40 31482 787 - - - 8 4468 559 9 3912 435 32 27014 844 130 47916 369 110 42517 387 130 47916 369 110 42517 387 116 41592 359 88 38931 442 14 6324 452 20 3332 167 38 38 9 23 5 1 41 58223 58223 52049 2466 3657 51 39231 1532 1532 5783 107 731 51 957 2 68 68 25 29 7 4 3 65 254 268895 268895 206826 2561 5629 234 53645 170324 127 3954 3954 8273 88 804 59 17882 2620 38 28 3 7 3 16273 12949 1706 1618 22958 428 462 569 231 7653 45 35 8 2 20 20153 14966 2748 2439 150171 448 428 344 1220 7509 99 Table 4.04(a) Concld. 1 2 3 4 5 6 7 8 881 Social work activities without 2 22908 11454 18 95146 5286 accommodation for the elderly and disabled 889 Other social work activities without 1 50 50 2 55025 27513 accommodation n.e.c. R Arts, entertainment and recreation 11 5339 485 15 2491 166 90 Creative, arts and entertainment 3 572 191 4 258 65 activities 900 Creative, arts and entertainment 3 572 191 4 258 65 activities 91 Libraries, archives, museums and other 5 366 73 cultural activities 910 Libraries, archives, museums and other 5 366 73 cultural activities 92 Gambling and betting activities 8 4767 596 4 1669 417 920 Gambling and betting activities 8 4767 596 4 1669 417 93 Sports activities and amusement and 2 198 99 recreation activities 931 Sports activities 2 198 99 S Other service activities 145 173675 1198 187 422867 2261 94 Activities of membership organizations 28 134389 4800 62 123216 1987 941 Activities of business, employers and 11 43607 3964 30 69972 2332 professional membership organizations 942 Activities of trade unions 5 70665 14133 25 52483 2099 949 Activities of other membership 12 20117 1676 7 761 109 organizations 95 Repair of computers and personal and 1 1870 1870 7 227888 32555 household goods 951 Repair of computers and 2 227252 113626 communication equipment 952 Repair of personal and household goods 1 1870 1870 5 636 127 96 Other personal service activities 116 37416 323 118 71763 608 960 Other personal service activities 116 37416 323 118 71763 608 T Activities of households as employers; 8 2942 368 17 162221 9542 undifferentiated goods- and services producing activities of households for own use 97 Activities of households as employers 1 265 265 8 122912 15364 of domestic personnel 970 Activities of households as employers 1 265 265 8 122912 15364 of domestic personnel 98 Undifferentiated goods- and services7 2677 382 9 39309 4368 producing activities of private households for own use 981 Undifferentiated goods-producing 1 499 499 3 20354 6785 activities of private households for own use 982 Undifferentiated service-producing 6 2178 363 6 18955 3159 activities of private households for own use U Activities of extraterritorial 2 311 156 1 530 530 organizations and bodies 99 Activities of extraterritorial 2 311 156 1 530 530 organizations and bodies 990 Activities of extraterritorial 2 311 156 1 530 530 organizations and bodies Total 2936 5097366 1736 2769 7420793 2680 Note: - not reported. Source: Annual Returns received under the Trade Unions Act, 1926. 100 Table 4.04(b) gives information relating to Industry-wise (NIC – 2008) Number and Membership of Employers Unions during 2010 and 2011. No significant data was reported for the year under consideration. - = Not reported. Membership Average Membership per Union Submitting Returns No. of Unions Submitting Returns Membership Average Membership per Union Submitting Returns 1 2 H Transportation and storage 49 Land transport and transport via pipelines 2011 No. of Unions Submitting Returns Ind. Code (2008) Table 4.04(b) Industry-wise (NIC – 2008) Number and Membership of Employers Unions during 2010 and 2011 Description 2010 3 1 4 15 5 15 6 - 7 - 8 - 1 15 15 - - - Source: Annual Returns received under the Trade Unions Act, 1926 Federations of Trade Unions Table 4.05 gives information relating to the number of Registered Federations submitting returns and their income and expenditure for the years 2002 to 2011. Table 4.05 Number of Registered Federations submitting returns and Income and Expenditure of Federations submitting returns for the Years 2002 to 2011 Year Number of Federations Income Expenditure Submitting Returns (Rs. Lakh) (Rs. Lakh) 1 2 3 4 2002 27 56.60 36.18 2003 27 96.36 75.24 2004 25 122.94 81.34 2005 27 227.37 113.77 2006 23 203.05 159.35 2007 29 59.48 42.06 2008 5 30.79 27.94 2009 2010 2 824.90 31.96 2011 Note: - = not reported. Source: Annual Returns received under the Trade Unions Act, 1926. 101 2. INDUSTRIAL DISPUTES Industrial dispute is taken as a cessation of work in a unit due to breakdown of understanding between workers and the employers on some issue. ‗Strikes‘ and ‗Lockouts‘ are two manifestations of industrial disputes. ‗Strike‘ signifies temporary stoppage of work by a group or all employees of an establishment to express a grievance or to enforce a demand, whereas ‗Lockout‘ represents temporary withholding of work from all or a group of employees by the employers for matters relating to employment or non-employment or the terms or conditions of employment. The statistics of industrial disputes given here relate to those work stoppages in which at least ten workers are involved directly and / or indirectly and are not in the nature of political strikes, sympathetic strikes and the like. These statistics are collected on a voluntary basis from the primary units by the State Labour Departments and Regional Labour Commissioners (Central), which in turn send them to the Bureau for the compilation and maintenance. (a) Industrial Disputes by Sectors The statistics of industrial disputes by sectors during the last five years, viz., 2008 to 2012 are presented in Table 4.06. It may be seen there from that the number of disputes as well as the number of mandays lost are showing a fluctuating trend. Table 4.06 Number of Industrial Disputes in Public and Private Sectors during 2008 to 2012 (P) No. of Disputes Year 1 Public Private Total 2 3 4 Number of Workers Involved Number of Mandays Lost Public Private Total Public Private Total 5 6 7 8 9 10 Average No. of Workers Involved per Dispute 11 2008 85 336 421 1100451 478847 1579298 1733911 15699810 17433721 3751 2009 41 304 345 1402008 465196 1867204 1735741 15886314 17622055 5412 2010 57 314 371 626857 447616 1074473 1568737 21561790 23130527 2896 2011 38 332 370 446957 287806 734763 771487 13686551 14458038 1986 143 304 447 1124182 183323 1307505 1709444 11166700 12876144 2925 2012(P) P = Provisional Source: State Labour Departments and Regional Labour Commissioners (Central). (b) Types of Work-stoppages Table 4.07 showed a fluctuating trend both in the number of Strikes and Lockouts during the last five years. However, during this period, except in 2009 & 2011, the number of Strikes has been more than the number of Lockouts whereas the number of man-days lost due to lockouts has been higher than the number of man-days lost due to strikes except during 2009 & 2010. 102 Table 4.07 Number of Disputes by Strikes and Lockouts during 2008 – 2012 (P) Year Number 1 2 Strikes Number of Workers Involved 3 2008 240 2009 Man-days Lost Number Lockouts Number of Workers Involved Man-days Lost 4 5 6 7 1513620 6955193 181 65678 10478528 167 1793387 80750461 178 73817 9547009 2010 199 989533 13150828 172 84940 9979699 2011 179 644626 4696807 191 90137 9761231 2012(P) 265 1222737 2849753 182 84768 10026391 P = Provisional Source: State Labour Departments and Regional Labour Commissioners (Central). (c) Industrial Disputes by States Data on Strikes and Lockouts (State-wise) for the years 2010, 2011 and 2012 are presented in Table Nos. 4.08, 4.09 and 4.10, respectively. During 2010, the maximum number of strikes (73) was recorded in the State of Tamil Nadu. The number of workers involved and man-days lost due to strikes was however highest in the state of West Bengal. They were to the tune of 456803 and 10743875 respectively. On the other hand, during this period, West Bengal has the distinction of having highest number of lockouts (134) followed by Tamil Nadu (14), Kerala (7) and Andhra Pradesh (7). The maximum time-loss due to lockouts was however witnessed by the State of West Bengal (8782905 man-days) followed by Uttar Pradesh (613100 man-days), Andhra Pradesh (219514 man-days) and Kerala (157241 man-days). During 2011, the highest number of strikes (55), number of workers involved (149956) and Man-days lost (3322074) due to strikes was recorded in the State of Tamil Nadu. On the other hand, the number of lockouts was highest in West Bengal (147) followed by Tamil Nadu (9), Kerala (8) and Gujarat (7). The maximum time-loss due to lockouts was witnessed in the State of West Bengal (8957486 man-days) followed by Uttar Pradesh (371518 man-days) and Kerala (153076 man-days). During 2012, the maximum number of strikes (40) was recorded in the State of Kerala whereas the number of workers involved (296425) was the highest in the State of West Bengal and man-days lost (749099) due to strikes was highest in the state of Tamil Nadu. On the other hand, during this period, West Bengal has the distinction of having highest number of lockouts (148) followed by Kerala (8) and 7 each in Assam and Tamil Nadu. The maximum time-loss due to lockouts was however witnessed by the State of West Bengal (9249677 man-days) followed by Haryana (336245 man-days) and Rajasthan (91298 man-days). 103 Table 4.08 Industrial Disputes during 2010 (By States) State / Union Territory 1 Andhra Pradesh Arunachal Pradesh Assam Bihar Chhattisgarh Goa Gujarat Haryana Himachal Pradesh Jammu &Kashmir Jharkhand Karnataka Kerala Madhya Pradesh Maharashtra Manipur Meghalaya Mizoram Nagaland Orissa Punjab Rajasthan Sikkim Tamil Nadu Tripura Uttar Pradesh Uttrakhand West Bengal A & N Islands Chandigarh D & Nagar Haveli Daman and Diu Delhi Lakshadweep Puducherry Total Number of Strikes 2 9 1 2 3 19 11 6 1 7 13 1 5 1 3 12 73 6 1 23 2 199 Strikes Number of Workers Involved 3 24723 250 11195 36229 15313 2865 2023 2000 68780 42972 66857 97240 440 1122 32019 98396 16108 13869 456803 329 989533 Man-days Lost 4 90638 5,250 119195 36666 49394 141461 44902 110000 129484 194133 68096 99294 416 10222 172463 1050318 65628 18771 10743875 622 1315828 Number of Lockouts 5 7 1 1 3 3 7 14 2 134 172 Lockouts Number of Workers Involved 6 4373 48 227 243 282 2676 8268 2650 66173 84940 Man-days Lost 7 219514 6304 70143 8142 1695 157241 120655 613100 8782905 9979699 - = NIL Note:- During the year 2010, four All India strikes took place which has been accounted for in the State/Union Territory in which the mandays lost were maximum but the number of workers involved and mandays lost have been included in the concerned States/Union Territories. Source: State Labour Departments and Regional Labour Commissioners (Central). 104 Table 4.09 Industrial Disputes during 2011 (By States) State / Union Territory 1 Andhra Pradesh Arunachal Pradesh Assam Bihar Chhattisgarh Goa Gujarat Haryana Himachal Pradesh Jammu &Kashmir Jharkhand Karnataka Kerala Madhya Pradesh Maharashtra Manipur Meghalaya Mizoram Nagaland Orissa Punjab Rajasthan Sikkim Tamil Nadu Tripura Uttar Pradesh Uttrakhand West Bengal A & N Islands Chandigarh D & Nagar Haveli Daman and Diu Delhi Lakshadweep Puducherry Total - = NIL Number of Strikes 2 14 8 * 1 23 6 4 12 21 1 1 1 1 11 55 10 6 4 179 Strikes Number of Workers Involved 3 62734 10441 18229 1468 4503 6558 544 59998 41174 124428 50007 253 2015 31639 149956 16028 63701 950 644626 Man-days Lost 4 229739 124753 18229 1595 28680 120018 15006 99541 227868 124428 50007 7590 34255 137858 3322074 44230 86918 24018 4696807 Number of Strikes 5 6 5 1 7 2 8 1 2 9 3 147 191 Lockouts Number of Man-days Lost Workers Involved 6 7 1488 115294 3510 30670 227 70597 386 7763 261 16949 3274 153076 926 9260 1000 2350 2293 26268 3013 371518 73759 8957486 90137 9761231 .. = Not reported * = The number of disputes have been shown as ‗nil‘ as the same relates to All India strikes and not counted in the State / Union Territory. During the year 2011, three All India strikes took place which has been accounted for in the State / Union Territory in which the mandays lost were maximum but the number of workers involved and mandays lost have been included in the concerned States/Union Territories. Source: State Labour Departments and Regional Labour Commissioners (Central). 105 Table 4.10 Industrial Disputes during 2012(P) (By States) State / Union Territory 1 Andhra Pradesh Arunachal Pradesh Assam Bihar Chhattisgarh Goa Gujarat Haryana Himachal Pradesh Jammu &Kashmir Jharkhand Karnataka Kerala Madhya Pradesh Maharashtra Manipur Meghalaya Mizoram Nagaland Orissa Punjab Rajasthan Sikkim Tamil Nadu Tripura Uttar Pradesh Uttrakhand West Bengal A & N Islands Chandigarh D & Nagar Haveli Daman and Diu Delhi Lakshadweep Puducherry Total (P) – Provisional Number of Strikes 2 17 19 9 2 33 2 26 40 10 11 1 13 39 13 4 23 1 2 265 Strikes Number of Workers Involved 3 120401 60762 48674 365 83177 1000 153218 79607 106307 52669 21012 69362 40715 30728 24037 296425 34055 223 1222737 Man-days Lost 4 251840 81457 55827 4895 174676 42000 264628 256184 126211 60581 21012 143192 749099 166948 28280 381603 34055 7265 2849753 - = NIL Number of Strikes 5 3 7 1 1 2 8 2 7 1 148 2 182 Lockouts Number of Man-days Lost Workers Involved 6 7 153 28442 3521 53965 227 70143 242 5324 5299 336245 1293 73647 887 91298 1264 72780 370 13890 70988 9249677 524 30980 84768 10026391 .. = Not available Source: State Labour Departments and Regional Labour Commissioners (Central). 106 (d) Industrial Disputes by Industry Divisions The statistics of Industrial Disputes (Strikes & Lockouts) by Major Industry Divisions for the years 2010, 2011 and 2012 (As per N I C, 2008) are presented in Table 4.11. During the year 2010 ‗Manufacturing Division‘ accounted for the highest number of disputes (239) as well as the time-loss (18,766,232 man-days or 81.1 per cent of the total time-loss) followed by ‗Agriculture, Forestry & Fishing‘ (1,129,891 man-days or 4.88 per cent of the total time-loss) and ‗Mining & Quarrying‘ (1,100,210 man-days or 4.76 per cent of the total time-loss). These three divisions together accounted for 270 disputes or 72.78 per cent of the total number of disputes, 692,758 workers involved or 83.7 per cent of the total number of workers involved and 20,996,333 man-days or 90.77 per cent of the total time-loss during the year 2010. During the year 2011 ‗Manufacturing Division‘ accounted for the highest number of disputes (251) as well as the time-loss (11,662,552 man-days or 80.66 per cent of the total timeloss) followed by ‗Agriculture, Forestry & Fishing‘ (777,832 man-days or 5.38 per cent of the total time-loss) and ‗Wholesale & Retail Trade; Repair or Motor Vehicles, Motorcycles‘ (476,300 mandays or 3.29 per cent of the total time-loss). These three divisions together accounted for 277 disputes or 74.86 per cent of the total number of disputes, involving 275,039 workers 37.43 per cent of the total number of workers involved and a time-loss of 12,916,684 man-days or 89.34 per cent of the total time-loss during the year 2011. Similarly, during the year 2012, ‗Manufacturing Division‘ accounted for the highest timeloss (9,579,532 man-days or 74.40 per cent of the total time-loss) followed by ‗Financial & insurance activities‘ (1,094,947 man days or 8.50 per cent of the total time loss) and ‗Wholesale & Retail Trade; Repair or Motor Vehicles, Motorcycles‘ (492,170 man-days or 3.82 per cent of the total time-loss). These three divisions together accounted for 306 disputes or 79.0 per cent of the total number of disputes involving 1,041,653 workers (79.67 per cent) and a time loss of 11,166,649 man-days (86.72 per cent). Table 4.11 Industrial Disputes during 2010 to 2012(P) (By Industry Division) E F 4 5 22473 1129891 6 17 15 239 2 265692 1100210 404593 18766232 3123 82515 9 251 6 9 18 198019 316035 255355 11662552 3894 100167 19 229 2 10 14075 No. of Mandays Lost 8 777832 No. of Workers Involved 7 15332 Number of Disputes No. of Mandays Lost 3 16 2012(P) No. of Workers Involved B C D Number of Disputes 2 Agriculture, Forestry & fishing Mining & Quarrying Manufacturing Electricity, Gas, steam & air conditioning supply Water supply, sewerage, waste management & remediation activities Construction 2011 No. of Mandays Lost 1 A 2010 No. of Workers Involved Industry Division Number of Disputes Industry Code As per NIC 2008 11 426442 115678 161796 207349 9579532 145 37414 1 11 2335 1 11 3124 1 11 2321 9 1537 64812 5 415 33535 6 2,711 25150 107 Table 4.11 Concld. 1 G H I J K L M N O P Q R S T U 2 Wholesale & Retail Trade; Repair or Motor Vehicles, Motorcycles. Transportation & storage 3 11 4 3139 5 636795 8 5828 Accommodation & food service activities Information & communication Financial & insurance activities Real estate activities Professional, scientific & technical activities Administrative & support service activities Public administration & defence, compulsory social security Education Human health & social work activities Arts, entertainment & recreation Other service activities Activities of households as employers Activities of extraterritorial organizations & bodies 5 TOTAL (P) – Provisional 9 7 4352 8 476300 6 10 2,763 11 492170 31341 9 3935 31034 19 66821 144829 209 59750 6 232 71224 6 232 70528 20 131100 262484 14 49728 125327 21 25662 118717 13 207042 210478 8 195127 210396 71 4 251 30241 4 158 33905 4 80 19775 3 589 68685 2 224 68768 2 224 68096 4 24909 33739 2 1858 8351 8 28641 28641 - - - 2 392 32113 1 13 5 353 87257 4 280 78460 4 1135 128868 3624 563762 - 21 - 5451 - 428915 - 17 - 2172 414806 - - - 16 - - 371 1074473 - = NIL 6 - 23130527 - 370 - 734763 14458038 9 447 831541 1094947 60 8205 2760 59352 - 1307505 - 12876144 Source: State Governments and Regional Labour Commissioners (Central) (e) Industrial Disputes by Causes: Table 4.12 presents the statistics of Industrial Disputes by causes for the years 2010, 2011 and 2012. In that cause of disputes which occurred due to several causes, the immediate cause and where the immediate causes are several, the most important one is taken into consideration. From the table, it is clear that during all these three years ‗Indiscipline‘ and ‗Wages and Allowances‘ have been a major cause of concern for the industrial establishments as the same have been major cause of disputes. 108 Table 4.12 Disputes Classified by Causes During 2010 to 2012 Cause Group A 2 % 3 2010 B % 4 5 C 6 1 Wages and 24 42.1 60 19.1 84 Allowances Personnel 5 8.8 29 9.23 34 Retrenchment 3 0.9 3 Lay-off 1 0.3 1 Indiscipline 1 1.8 105 33.4 106 Violence 1 1.8 2 0.6 3 Leave & Hours of Work / Shift 1 0.3 1 Working Bonus 13 4.14 13 Inter / Intra 2 0.6 2 Union Rivalry Gherao Nonimplementation 11 3.5 11 of Agreements, Awards, etc. Charter of 8 14.0 43 13.7 51 Demands Work Load 2 0.6 2 Surplus Labour/ Shortage of 1 0.3 1 Work Betterment of Amenities Suspension / Change of 1 0.3 1 Manufacturing Process Standing Orders/ Rules/ Service Conditions / Safety Measures Govt. Economic 12 21.1 1 0.3 13 Policy Others 6 10.5 33 10.5 39 Not Known 6 1.9 6 Total 57 100.0 314 100.0 371 % 7 A 8 % 9 2011 B % 10 11 C 12 % 13 A 14 % 15 2012(P) B % C 16 17 18 % 19 82 92 16.3 22.6 10 26.3 24.9 6 4.2 67 22.0 73 9.2 0.8 0.3 28.6 0.8 6 1 - 15.8 28 8.43 34 9.2 2 0.6 2 0.5 2.6 110 33.1 111 30.0 3 0.9 3 0.8 4 - 2.8 - 40 3 1 108 3 0.3 - - 1 0.3 1 0.3 - - 1 0.3 1 0.2 3.5 2 5.3 12 3.6 14 3.8 - - 5 1.6 5 1.1 0.5 - - - - - - - - - - - - - - - - - - - - - - - - - 3.0 - - 4 1.2 4 1.1 - - 6 1.9 6 1.3 31.6 48 14.4 60 16.2 50 35.0 35 11.5 85 19.0 13.7 12 24.7 13.1 44 9.8 0.98 3 0.7 0.3 1 0.2 35.5 108 24.2 0.98 3 0.7 0.5 - - - - - - - - 1 0.3 1 0.2 0.3 - - 5 1.5 5 1.4 - - 1 0.3 1 0.2 - - - 2 0.6 2 0.5 - - - - - - 0.3 - - 1 0.3 1 0.3 - - - - - - - - - - - - - - - 1 0.3 1 0.2 3.5 2 5.3 - - 2 0.5 6 1.9 86 19.2 80 55.9 10.5 5 13.2 21 6.3 26 7.0 3 2.1 22 7.2 25 5.6 1.6 13 3.9 13 3.5 4 1.3 4 0.9 100.0 38 100.0 332 100.0 370 100.0 143 100.0 304 100.0 447 100.0 (P) – Provisional - = NIL A - Number of Disputes (Public Sector) B - Number of Disputes (Private Sector) C - Total Number of Disputes % - Percentage to total N. B.: Totals may not necessarily tally due to rounding off of figures (f) Industrial Disputes in Central Sphere The statistics of Industrial Disputes in the Central Sphere Undertakings during the years 2010 to 2012 have been given in Table 4.13 which showed a fluctuating trend. Total number of disputes which was 37 in 2010 declined to 31 in 2011 and increased to 150 in 2012(P). On the other hand both the number of workers involved and the number of mandays lost has decreased from 2010 to 2011 and increased from 2011 to 2012(P). This increase was however contributed mainly by the industry group ‗Banks‘. 109 Table 4.13 Industrial Disputes in the Central Sphere Undertakings during 2010 to 2012(P) 1 Ports and Docks 4 - 5 - 3 6 3102 8 6 No. of Workers Involved Number of Disputes 7 3889 No. of Mandays Lost 2012(P) No. of Mandays Lost No. of Workers Involved 3 - Number of Disputes 2 2011 No. of Mandays Lost No. of Workers Involved Industry Number of Disputes 2010 9 11404 10 11404 Air Transport 3 1305 1322 1 35 385 2 2720 2720 Coal Mines 9 253334 803590 4 197049 262495 7 97622 98490 Non-coal Mines 3 12004 276104 2 380 7844 9 17126 17126 Oil Fields - 372 372 2 436 1960 5 32184 66134 Banks 7 161371 164381 7 195077 209346 59 794931 1058057 Insurance 5 45181 44477 - - - 10 32966 32966 Railways (except Workshops) 1 1000 2000 - - - 1 416 416 Posts & Telegraphs 4 126540 193725 1 49275 49275 15 80104 129904 Defence Undertakings - 20860 20860 - - - 10 34808 34808 Cantonment Boards - - - - - - - - - C.P.W.D. - - - - - - - - - Other Central Undertakings 5 4866 5540 11 8771 135293 26 57240 59760 37 626833 1512371 31 454125 670487 150 1161521 1511785 Total (P) – Provisional - = Nil Source: Regional Labour Commissioners (Central). 3. MACHINERY FOR THE PREVENTION AND SETTLEMENT OF INDUSTRIAL DISPUTES The mechanism set up by the Government for ensuring industrial harmony includes (i) consultative machinery, and (ii) conciliation or arbitration machinery. The consultative machinery now exists at almost every level, viz. at the undertaking level, Works Committees and Joint Committees exist while at the industrial level, Wage Boards and Industrial Committees are there. At the State level, Labour Advisory Boards and, at the National Level, Indian Labour Conference and the Standing Labour Committees are there. A brief description of the Machinery which exists in this field is given below. Union Government The Ministry of Labour and Employment, Government of India provides all possible help to the State Governments in taking steps towards preventing work stoppages as expeditiously as possible. The Central Industrial Relations Machinery (CIRM) also known as the Chief Labour Commissioner (Central) Organisation is entrusted with the task of maintaining good relations in the Central Sphere through monitoring, intervention, mediation and conciliation in industrial disputes and implementation of settlements and awards. At the headquarters, CIRM has a complement of 34 officers and 233 officers in the field spread over different parts of the country. 110 Tripartite Machinery- Indian Labour Conference is the Apex Tripartite Body. The other Tripartite Bodies have been visualized in the form of Industrial Tripartite Committees (ITCs). These tripartite bodies provide a forum where the social partners can appreciate each others industry specific problems through dialogue and help in evolving consensual policy options. These Committees are non-statutory Committees and their meetings are convened as and when required. Government‘s proactive role in these Committees has successfully harmonized the interest of the employers and workers resulting in a change of attitude from confrontation to that of co-operation. Board of Arbitration (JCM) for Central Government Employees The Government of India introduced in 1966 a scheme for Joint Consultative and Compulsory Arbitration for resolving differences between the Government as an employer and the general body of its employees. The Scheme provides for compulsory arbitration on Pay and Allowances, weekly hours of work and leave in respect of a class or grade of employees. Under the Scheme, the Board of Arbitration (JCM) was set up in July, 1968, to function within the administrative Control of Ministry of Labour and Employment. The Board consists of a Chairman and two other members from the staff side as well as from the official side. So far, the Board has given 257 Awards out of 259 references referred to them. Code of Discipline in Industry The Code of Discipline, ratified by all the Central Employers‘ and Worker‘s Organisations is applicable to public sector undertakings run as companies and corporations except those under the Ministry of Defence, Railways and Ports and Docks. The Code has also been applied with certain modifications, to the Insurance sector, the State Bank of India and the Reserve Bank of India. The Central Implementation and Evaluation (I & E) Division of the Ministry of Labour & Employment is responsible for ensuring implementation of Code of Discipline. It is one of the functions of I&E Division to get breaches under the Code of Discipline investigated by the Central Industrial Relations Machinery and advise employers and unions as the case may be to invoke appropriate sanctions against the erring managements /unions. Screening Procedure In order to avoid prolonged litigation, a procedure was evolved in August, 1969 for screening of proposals for filing appeals by Central Public Sector Undertakings against an award of a Labour Court or an Industrial Tribunal or a judgment of a High Court in respect of an industrial dispute. The procedure provides that whenever a public sector undertaking intends to file an appeal against an award or judgment, it should first make a reference with the facts of the case to the administrative Ministry concerned. If the administrative Ministry after consulting the Law Ministry also feels that an appeal should be preferred, it should consult the Ministry of Labour & Employment. Recognition of Trade Unions The CIRM conducts verification through Secret Ballot, under the Code of Discipline in establishments in the Central Sphere. Verification of membership of unions affiliated to the Central Organisations of Workers in the country is one of the important functions of this organization. Representations of labour on the tripartite bodies, development councils, committees, boards, etc., at national and international level (including ILO) are granted on the basis of this assessment. Retrenchment, Lay-off and Closure The Government of India grants prior permission of lay-off and retrenchment of workers as well as closure of industrial undertakings in respect of all industries for which it is the appropriate Government under Chapter V-B of the Industrial Disputes Act. The total number of units effecting closure in both Central and State sphere during the year 2011(P) was 83 affecting 3604 workers as against 41 units affecting 1496 workers during the year 2010(P). Financial Stringency, shortage of raw material, shortage of power, break down of machinery and lack of demand for products was the main reasons for closures. The total number of units effecting lay-off in both Central and State sphere during the year 2011(P) was 16 affecting 1977 workers as against 23 units affecting 1494 workers during the year 2010(P). The total number of units reporting retrenchment in both Central and State sphere during the year 2011(P) was 8 affecting 47 workers as against 13 units affecting 559 workers during the year 2010(P). 111 Tribunals and Labour Courts In all, there are 22 Central Government Industrial Tribunals-cum-Labour Courts constituted by the Ministry of Labour and Employment dealing with industrial disputes in respect of which the Central Government is the ‗appropriate government‘. Two each of these Courts are located in Mumbai, New Delhi, Chandigarh and Dhanbad, one each at Asansol, Bangalore, Kolkata, Jabalpur, Jaipur, Kanpur, Nagpur, Lucknow, Chennai, Hyderabad, Bhubaneshwar, Guwahati, Ahmedabad, and Ernakulam (Cochin). In order to take care of huge pendency of unresolved industrial disputes, Lok Adalats have been introduced as an alternative grievance redressal mechanism, within the adjudication system of the CGITs. 4. CONSULTATIVE MACHINERY Indian Labour Conference is at the apex of the Tripartite Consultative Machinery, which comprises the Indian Labour Conference, the Standing Labour Committee and the Industrial Committees, to advise Government with regard to policies in the labour field. The 44 th Session of the Indian Labour Conference, an important forum of the tripartite consultative machinery, was held on 14-15 February, 2012 under the Chairmanship of the Hon‘ble Minister of Labour and Employment. The Conference was inaugurated by Hon‘ble Prime Minister and attended by State Labour Ministers, Trade Union Leaders from all the recognised All India Trade Unions, Representatives of all India Employer‘s Organisations, Officials from Central Ministries, State Governments and PSUs. The Conference focused on 3 key issues: Minimum Wages, Social Security and Employment and Employability. The 45th Session of Standing Labour Committee was held on 04.01.2013. The Standing Labour Committee finalized the following agenda for 45th Indian Labour Conference: i. Service conditions, wages and social security for various categories of workers employed in different Central Government and State Government schemes (Anganwadi, Mid-day meal, ASHA, Sarva-Shiksha Abhiyan and other schemes under various Ministers of Central Government). ii. Social Security with special reference to Assured Pension with indexation for all workers including self-employed. iii. Labour Law for micro and small enterprises. iv. Measures to improve employment and employability. 5. WORKERS’ PARTICIPATION IN MANAGEMENT AND WORKERS’ EDUCATION Central Board for Workers Education is headed by a Chairman. Its headquarters is at Nagpur. The Chief executive of the Board is the Director who is assisted by an Additional Director, Deputy Directors, Financial Advisor etc. The Board operates through 50 Regional Directorates and 9 Sub-Regional Directorates. The six Zonal Directorates, at Delhi, Guwahati, Kolkata, Mumbai, Chennai and Bhopal monitor the activities of the Regional Directorates in their respective zones. Tripartite Regional Advisory Committees constituted for each Regional Directorate to review the progress of the scheme and recommend measures for effective implementation of Workers Education Programmes. The Indian Institute of Workers Education (IIWE), Mumbai, an apex level training Institute of the Board, was established in 1970. Training programmes of the Board for workers in organised sector are conducted at three levels(i) At the first level, training is imparted to the candidates selected as Education Officers. After successful completion of the training, these Education Officers conduct various programmes from the Regional Directorates. (ii) At the second level, workers from different establishments, sponsored by trade unions and released by employers are trained. These trained workers are called Trainers. (iii) At the third level, the Trainers conduct classes for the rank and file of workers in their respective establishments 112 National Level Programmes for representatives from Central Trade Union Organisations/ Federations and Voluntary Organisations on different subjects are conducted by the IIWE in addition to giving pre-employment training to Education Officers and reorientation to Regional Directors and Education Officers of the Board as well. In view of the specialized training needs to tackle some of the specific issues by Trade Unions, three cells namely; (i) Industrial Health, Safety and Environment (ii) Education for Rural and Unorganised Sector Workers; and (iii) Women and Child Labour have been established in the Institute. Initially the Board concentrated its activities in the organized sector. The Board shifted its emphasis to rural sector in 1977- 1978 on the recommendations of Workers Education Review Committee. Initially started with seven pilot projects, the rural workers education programmes have now become a regular and continuing programme. The objectives of the programme are: To promote critical awareness of problems, privileges and obligations as workers and citizens; To enhance self confidence and build up scientific attitude; To educate them to develop their organizations through which they can fulfill socio– economic functions and responsibilities in rural economy and strengthen democratic, secular and socialist fibre of rural society; To educate them in protecting and Promoting their individual and social interest; To motivate for family welfare planning and to combat social evils. Rural Volunteers are given one week orientation /Refresher Courses at Regional Directorates to assist Education Officers in conducting Rural Awareness Camps. These camps are attended by landless labour, tribal labour, artisans, forest workers and educated unemployed in rural areas etc. Tailor made programmes of one to four days durations, based on the functional and educational needs of workers, for Handloom, Powerloom, Khadi & Village Industries, Industrial Estates, Small Scale Units, Handicrafts, Sericulture, Coir Industry, Beedi Industry and Workers of Weaker Sections such as women workers, handicapped workers, rickshaw drivers, construction workers, civic and sanitation workers are also organized by the Board. During the period from April - November, 2012 the Board has conducted 6362 programmes of various durations and trained 230937 workers of various sectors. In pursuance of the recommendations to the Committee on Rural Camps, the Board has introduced 4-day Empowerment Programmes from the financial year 2003-04. During the period April - November, 2012, 6896 workers have been benefited from 176 Empowerment Programmes organized for Unorganized, Weaker and Rural Sector workers. The Board also conducted 28 programmes for 863 elected members of the Panchayati Raj Institutions during the period April November, 2012. The Board also introduced a new one day programme called Retraining Programme for those Trained Workers, who were trained long back say before five years, to update their knowledge and also to make them aware about the various welfare schemes launched by the Central/State Governments after their initial training. During the period April - November, 2012, 147 such retraining programmes were conducted for 8236 rural/unorganised workers. The Central Board for Workers Education through its Grants-in-Aid Scheme extends financial assistance to Trade Union Organizations and Educational Institutions etc. to conduct Workers Education Programmes for their own workers. Grants-in-Aid is available for conducting full time Residential and Non-residential Programmes of 3 to 7 days duration according to the local requirement of the Trade Union Organizations. The grantees are allowed flexibility regarding subjects to be covered and number of participants. The grants-in-aid scheme has also been extended to the Rural Workers. The Board also sanctions grants-in-aid for National Level Courses to the Central Trade Union Organizations and National Federations. During the period April November, 2012, the Board has sanctioned grants-in-aid amounting to Rs.531549 to 32 Trade Unions / Institution which conducted 39 programmes for 1562 workers. The CBWE has conducted exclusive training programmes for rural workers on MGNREGA by way of a project to enlighten the rural masses about the benefits of the Mahatma Gandhi National Rural Employment Guarantee Scheme. 113 CHAPTER 5 LABOUR WELFARE The term Labour Welfare is defined by different agencies. The International Labour Organization has defined the term ‗Labour Welfare‘ as ―such services, facilities and amenities as may be established in or in the vicinity of undertakings to enable the persons employed in them to perform their work in healthy, congenial surroundings and provided with amenities conducive to good health and high morale‖*. This has been further elucidated in the I.L.O. Recommendation (No. 102) concerning welfare facilities for workers. The term ‗Welfare‘ as used in this Recommendation includes inter-alia‘ ―(i) feeding facilities, (ii) rest and recreation facilities, and (iii) transportation to and from work place where ordinary public transport is inadequate or impracticable‖. The definitions given by different agencies indicate that the term labour welfare is a very comprehensive concept and dynamic in nature as it differs widely with time, region, country, value system, social institution and general level of social and economic development. The term however broadly includes those measures which affect the working and living conditions of the workers including social security measures, educational and cultural facilities and industrial housing etc. Labour welfare measure plays a crucial role in the economic and social development of any country as it is an important facet of industrial relations. The necessity of such measure is all the more important for our country because ours is a developing economy aiming at rapid economic and social development. In India, various welfare facilities have been provided by different agencies either through legislation or directly. The important among them are briefly described in the succeeding paragraphs. 1. ACTIVITIES OF THE GOVERNMENT OF INDIA The Factories Act, 1948, the Plantations Labour Act 1951 and the Mines Act, 1952, are basic enactments which contain elaborate provisions for safeguarding the health and safety of workers inside the work place and for providing their welfare. They lay down, minimum standards for ensuring welfare of workers. The Ministry of Labour and Employment, Government of India has also set up Labour Welfare funds to provide welfare amenities for the workers employed in Mica, Iron Ore, Manganese Ore and Chrome Ore, Limestone and Dolomite Mines and in the Beedi and Cinema industries. Separate welfare funds have also been formed for specified services like Posts and Telegraphs, Ports, Dockyards, Railways etc. The Welfare measures financed out of these funds relate to provision of medical, housing, drinking water, educational, recreational and family welfare facilities, etc. Although most of the activities are administered directly by the Welfare Organizations under the Ministry of Labour, yet loans and subsidies are also provided to the State Governments, Local Authorities and to the employers for implementation of approved proto-type schemes. The provision of social security in the form of Employees State Insurance Scheme, Provident Fund, Gratuity and Pension under various laws and industrial housing schemes are some of the other prominent measures undertaken by the Central Government to promote welfare of the working class. 2. ACTIVITIES OF THE STATE GOVERNMENTS AND UNION TERRITORIES In the following paragraphs, activities of the State Governments / Union Territories, which have furnished information, are given. * International Labour Organization, 2nd Asian Regional Conference Nuwara Eliya (Ceylon), January, 1950 - Report-II; Provisions of Facilities for the Promotion of Workers‘ Welfare. 114 Andhra Pradesh During the year 2011 Welfare Schemes were implemented by the Andhra Pradesh Labour Welfare BoardSl. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 Name if the Scheme No.of Beneficiaries Amount sanctioned (in Rs.) Scholarship 6132 8545000 P.H. Scholarships 45 88000 Medical-Aid 33 465459 E.E.A.R. 56 750000 Funeral Expenses 442 2043000 Daughter‘s Marriage Gift 1037 8814000 Scheme Maternity Benefit Scheme 82 322000 Family Planning Scheme 17 34000 Loss of Limbs 2 30000 Aids Treatment 11 190000 Chandigarh The Chandigarh Labour Welfare Board is running a labour Welfare Centre in which following facilities are being provided to the workers and their family members: a) Indoor Games outdoor games. b) Reading Room and Library c) Children Park d) Sports Facilities to the children of Industrial Workers. Chhattisgarh Chhattisgarh Labour Welfare Board continues to provide various welfare facilities to industrial workers and their dependents. The Board runs community and society education centres, reading rooms and libraries, community necessities, games and sports and other entertainments, educational Scholarship Scheme, Uttam Shramik Purskar Yojna, Shramik Sahitya Purskar Yojna, Balika Vivaha Sahayata Yojna, Knitting and Embroidery Training Scheme etc. Dadra and Nagar Haveli Dadra & Nagar Haveli is implementing various Centrally Sponsored Schemes as per criteria/guidelines envisaged in the schemes through Rural Development Agency. NCT of Delhi The Delhi Welfare Board runs four Holiday Homes at Mussoorie, Haridwar, Allahabad and Shimla for workers, supervisory/managerial and government servants. Board conducts Long Term and Short Term Training Programmes in various vocation/trade at nominal fee. The Board imparts training in Cutting & Tailoring free of cost at various Labour Welfare Centers. Nursery classes are also being conducted by the Board at Wazirpur Labour Welfare Center. Goa The Goa Labour welfare Board has 17 different schemes for the benefit of Industrial Workers in the State of Goa. The Board is successfully catering to the needs of the Industrial Workers through these welfare schemes. 115 Gujarat The State Government of Gujarat provides various welfare measures for workers like rural welfare centres for Rural Workers, Welfare Centres for Salt Workers, Shramik Suraksha Yojna – an accident death Insurance Scheme for Unorganised rural & urban workers, Pucca quarters scheme for salt workers, Jagruti Shibir Yojna, Financial assistance in the form of medicines in serious diseases & expenses for Major operations to Rural Labour etc. Gujarat Labour Welfare Board continues to provide various welfare facilities to industrial workers and their dependents. The Board runs community and society education centers including reading rooms and libraries, community necessities, games and sports, excursions, tours and holiday home, entertainment and other forms of recreations, home based industries and subsidiary occupational for women and unemployed persons, corporate activities of a social nature etc. ‗Gujarat Unorganised Labour (Except Agriculture Labour) Welfare Board‘ formulates and implements various schemes to provide social security and safety net to the workers of urban area engaged in unorganized sector. The Board coverage is in Ahmedabad (MC), Surat (MC) and Jamnagar (MC) urban areas. During 2011-12, 25030 workers were registered and given unique ID Numbers and Identity Cards for the purpose of availing benefits of social security/welfare schemes. The Board provides Skill Development Training, Tool Kit Assistance, Health Check-up Camps, Awareness Workshop and Medical Aid (for minimum 24 hours hospitalization). Jammu & Kashmir The Labour Department in a bid to provide welfare facilities to the Industrial Workers has established Labour Welfare Centers. These centers provide library facilities and other recreational facilities to Industrial Workers. Moreover 16 Labour Sarais have been constructed at Jammu and Kashmir which provides shelter to labourers. Labour Sarai at Kharbagh Kupwara is under construction and is nearly completion. Kerala Welfare facilities such as medical, educational, housing, drinking water and supply of weather protective etc. are being provided to the plantation workers under the leadership of concerned welfare officers appointed by the employers and the Inspector of Plantations. Besides this, supply of free ration for the workers of closed estate and financial assistance for the education of children of plantation workers by means of supplying text books, school bags, umbrellas, instrument boxes etc at free of cost. In addition to these, refund of entire fees including hostel fees paid by the Parents/Guardians of the students studying in Professional Courses, Distribution of Rice for Rs.2/- per Kg to the ration card holder of the workers of working plantations has been ordered by the State Government during 2010. Besides this Rs. 1000/- was paid to the workers of the working plantations who are affected by floods, diseases, poverty etc. There are 15 Statutory Welfare Fund Boards constituted under various Welfare Fund Act and 5 Non Statutory Welfare schemes functioning under the Labour Department. In addition to this, 4 Welfare schemes are being implemented under the direct control of the Labour Commissioner; (i) Kerala Agricultural Workers Pension Scheme 1980 (ii) Kerala Tree Climbers Welfare Scheme 1980 (iii) Estate Workers (Distress Relief ) Welfare Fund Scheme 2007 (iv) Daily Waged Employees Distress Relief Fund Scheme 2007. Distress Relief to the Workers of Closed Cashew Factories, Kerala Unorganised Retired Workers Pension Fund Scheme 2008, Rashtriya Swasthya Bhima Yojana and Comprehensive Health Insurance Scheme, Aam Admi Bhima Yojana, Kerala Migrant Workers Welfare Scheme 2010, CHISPLUS Scheme for providing treatment for cancer, heart diseases and kidney diseases, Income Support Scheme to Traditional Sections are also operational in the State of Kerala. Tripura Tripura Building and Other Construction Workers Welfare Board is constituted for providing social security and welfare measures to the workers engaged in building and construction 116 work. The Board has started its functioning since July, 2007. Any workers engaged in building and other construction work in the age group of 18-60 years is eligible to get him registered under the said Board. On registration, the beneficiary is entitled to get benefits under 8 schemes of the Board viz., assistance to a beneficiary in case of accident; death benefit; pension; loan and advance; medical expenses for treatment of 11 critical diseases; maternity to a female beneficiary; Marriage benefit and scheme for financial assistance for the education of the children of registered beneficiaries. The above schemes are financed out of funds derived from the contribution of the beneficiary workers at the rate of 20/- per month and Cess equivalent to 1% collected from the cost of construction or building or other construction work. Registration of beneficiaries is done at the District Labour Office at Agartala, Udaipur, Kailashahar, Ambassa and office of the Labour Officer at Dharmanagar. On registration, a beneficiary worker is issued upon an ―Identity Card‖. Labour Department runs 7 Balwadi centres in the Tea and Rubber Plantations in Tripura to impart pre-primary education and provide nutrition to children of tea and rubber plantation workers in the age group of 3-6 years. As a nutritional measure, the Balwadi going children have been provided with ―khichuri‖, about 300 children were benefited during the year 2011. The Labour Department also runs medical grant scheme for rickshaw pullers who suffer from Cancer, T.B., Kidney, Eye and Heart Diseases. Total amount of Rs. 126000/- in favour of 126 Nos. of applicant was spent during the year 2011. 3. WELFARE WORK BY THE EMPLOYERS Calcutta Dock Labour Board Board‘s workers are provided with welfare facilities as per Govt. of India‘s Schemes framed under Dock Workers (Regulation of Employment) Act, 1948. Under the said schemes, they are provided with leave, medical facilities in Kolkata Port Trust Hospital, housing accommodation at the Board‘s quarters, canteen facility from Kolkata Port Trust Canteen, injury leave wages, compensation in case of accidents, minimum guaranteed wages and other statutory payments, social security and assistance to Workers‘ Cooperative etc. Chennai Port Trust Chennai Port Trust extends a number of welfare measures to the officers/employees and their family members. The major and important Welfare measures that the Chennai Port Trust has implemented are stated below in brief: Welfare Committee: A Welfare Committee consisting of 15 members was formed to take care of efficient and orderly maintenance of the Tondiarpet Housing Colony and to promote co-operation, cleanliness, peace, amity and cordiality among the residents of the Colony. Since its inception in 1991, the Welfare Committee has been functioning well for the welfare of the residents of the housing colony. Education: With a view to provide better educational facilities to the children of the employees of the Trust, the Chennai Port and Dock Educational Trust‘s Higher Secondary School with English/Tamil as medium of instruction was established in June, 1989 is functioning well. The Trust has granted Rs. 2,96,40,967/- during the year 2011-12 towards contribution to the Chennai Port and Dock Educational Trust Higher Secondary School. The Chennai Port Trust has granted Rs. 4,53,85,721/- towards the payment for Children‘s Educational Allowance to the employees in favour of their children during the year 2011-12. In addition to the functioning of the Chennai Port and Dock Education Trust‘s higher secondary school, a Corporation High School is also functioning for the benefit of the children of the occupants of the quarters. The Trust is following a scheme called Workers Education Scheme in association with Govt. of India, Ministry of Labour and Employment for the employees of Class III and IV to make them aware of the social, economical and political events of the country and the world. 117 Sports: A stadium named as Babu Jegjeevan Ram Sports Complex has been constructed at Tondiarpet Housing Colony with a long pavilion having capacity of thousand viewers. The stadium has been designed in such a way that various games and sports can be conducted at a time. The Chennai Port Trust has granted Rs. 30,00,000/- for conducting sports completion etc. during the year 2011-12. A well furnished Gym for Men as well as a Gym for women and a Yoga centre has also been established in the Tondiarpet housing colony. Canteen: There are 3 major Canteens functioning in the Chennai Port Trust, of which one Canteen named as Chennai Port Trust Industrial Employees‘ Co-operative Canteen Ltd. is being run by the Trust‘s employees on co-operative basis. Women Welfare Association: Women Employees‘ Welfare Association established in 1988 conducts various programmes such as medical treatment, stress management, skin care, production of handicrafts etc. from time to time for welfare of the woman employees. Creche: A crèche facility provided since 1988 is functioning under the control of Chennai Port Trust Women Employees Welfare Association. The Trust extends financial assistance of Rs. 1,04,250/- towards donation to the Jawahar Creche during the year 2011-12. Other Welfare Activities: Welfare facilities like Training in tailoring, Ritual Shed, Modernised Air-conditioned Community Hall, Family Planning Scheme, Family Disputes Counseling. Quality Life Programme, Financial Assistance for the Employees and their Family Members in Acute Distress, Chennai Port Trust Employees House Building Advance Special Family Benefit Fund etc are also provided by the Chennai Port Trust. The Trust is providing a considerable amount of money every year to meet the expenditure towards implementation of the Welfare Measures Extended to the officers/employees of the Trust. The Trust has granted an amount of Rs. 8,49,59,973/- towards welfare measures expenditure during the year 20111-12. Mormugao Port Trust Under the Statutory Welfare Schemes, workers are provided welfare facilities like drinking water, latrines and urinals, spittoons, lighting, ventilation, washing places, first-aid appliances and ambulance room, changing rooms, rest rooms, and canteens. Besides, Mormugao Port Trust has its own 100 bedded hospital equipped with indoor and outdoor departments having medical facilities in the disciplines of General Medicine, General Surgery, Obstetrics and Gynecology, Pediatrics, Ophthalmology and Dentistry. The hospital has also extended medical facilities of Aurvedic and Homeopathic treatment to the employees and their families. Under the Non-Statutory Welfare Schemes, workers are provided welfare facilities like housing facility, Training, Workers Education, Transport facilities, Scholarship, Vocational centre, Library, Educational Facilities, Auditorium, Officers Club, Port Employees Consumer Co-op Society etc. Mumbai Port Trust (MbPT) Housing: The MbPT provided residential accommodation to its employees at Wadala, Sewri, Cotton Depot, Dockyard, Colaba, Cotton Green, Govandi, Mulund, etc. Concession in electricity charges is also granted to all employees including officers and the reimbursement is up to 120 units. Welfare activities: At 8 Welfare Centres in Port Trust Housing Colonies, various welfare activities such as indoor/outdoor games, social gathering, celebration of festivals and National days, libraries for children, reading rooms, needle work and handiwork classes, health and diet, eye camp, blood donation, vocational training classes etc. are conducted. Facility for yoga classes and sophisticated gymnasium are also available. Radio and colour TV Sets are installed at welfare centers of different residential colonies. Medical facilities: Free medical facilities are provided to the existing employees and their dependent family members as also to retired employees and their spouses. Mumbai Port Trust has 238 bedded hospital and six full time dispensaries. The Hospital is well equipped with modern and 118 sophisticated equipments and manned by well-qualified medical and paramedical staff. MbPT Hospital also provides 24 hours ambulance service. Recreation Club: Various recreation clubs including Mumbai Port Trust Sports Club function in and outside the residential colonies, They have their own libraries. Competitions are held in various games and sports. Education: 3 Municipal Schools are constructed in Port Trust Colonies and BMC is only charged a nominal rent of only Rs.10/- per month. For admissions, preference is given to MbPT employees. Cash Awards: Cash awards ranging from Rs.200/- to Rs.600/- are granted every year to employees and their children showing merit in their academic fields and in other relevant fields. Children appearing in the merit list of SSC/HSC and Degree are given Special Cash Awards of Rs. 600/- and Rs.1000/- respectively. Merit Scholarships at Rs.300/- p.m. each are granted to post SSC students and Rs.500/- per month to post HSC students. Merit scholarships were also granted at Rs.1000/- per month to Medical/Engineering students and at Rs.500/- per month to other faculties. Workers Education: Under the Workers‘ Education Scheme of the Central Board of Workers‘ Education, employees are sent for Worker Teacher training course. These Worker-Teachers conduct unit level classes for imparting education to the workers. Canteen Facilities: Canteen facilities through 17 canteens are provided to the employees and workers at susbsidised rates. These canteens are spread over the major places of work. In addition to the above welfare facilities, the service benefits such as Pension Scheme, Exgratia payment, children‘s education assistance scheme, reimbursement of tuition fees, leave travel concession and advance for it, ex-gratia monthly maintenance grant, housing loans, advances for purchase of motor cars and motor cycles, withdrawal facility from the provident fund, festival advance, leave encashment and cash equivalent, and ex-gratia pension etc. have been provided to the employees of MbPT and the employees of erstwhile BDLB. New Mangalore Port Trust The New Mangalore Port Trust provides following Welfare facilities to the employees: Free education in English/Kannada medium up to 10th Standard 50 bedded Hospital Free consultancy from specialist doctors Referral hospital facilities Free Medical treatment in Allopathy/Ayurveda & Homeopathy Multi-purpose Auditorium with a seating capacity of 1200 Residential quarters/Bachelors hostel Nursery School by Mahila Samaj Canteen facilities Gymkhana for indoor games/Badminton Court with wooden flooring Stadium Recreation Club/Officers Club/Mahila Samaj/Dock Recreation Club Children‘s Park Market Complex Cable TV facility is provided to the residents of the Port at a nominal subscription 100 units free electricity per month to Class III & IV employees residing in Port Staff Quarters Rest rooms for women employees. Merit Scholarship/Books and Stationary Allowances. The United Planters’ Association of Southern India Under the provisions of the Plantations Labour Act 1951, the plantations statutorily provide the labour with, free living quarters in the estate with water and electricity supply, medical facilities for workers and their families at estate group hospitals/garden hospitals/ dispensaries, sanitation and conservancy, protective clothing, crèche/child care, recreational facilities, educational facilities to the children of workers at school run by the estate managements. 119 Besides the daily wages, the workers are entitled to incentives for output above the base or standard fixed. In addition, there are statutory benefits related to wages such as Provident Fund, Gratuity, Bonus, Leave with wages, Paid holidays, Sick leave with wages and Maternity benefits etc. Apart from the Plantations Labour Act, the industry is covered by the entire range of labour legislation passed by the Centre and State Governments. There are in all 24 labour enactments applying to plantations. Plantation is the only industry where free housing and medical aid according to the prescribed norms are provided at the cost of the employers without any contributions being paid by the workers or the Government. The annual recurring cost of these amenities is well over 40% of the wage cost, and together with other social security benefits, the industry is required to incur an extra 70% over and above the direct wage of the workers. Tata Steel Limited All the statutory requirement of the Factories Act in regard to Health, Safety and Welfare facilities are provided by the Tata Steel Ltd. A total of Rs. 177.30 crores was spent on Township during 2011 which extend the facilities of water, electricity, housing, road, sanitation, sewage and education facilities. On the medical facilities for workers and their family members, the Company spent Rs. 103.58 crores during FY 2010-11. The expenditure on community development, rural development & urban services was to the tune of Rs. 11.52 crores during 2010-11. The lowest paid Workman of Tata Steel gets about Rs. 10,878/- besides Canteen facility, picnic grants, time bound promotion, death benefit fund etc. under lobour welfare measures. Steel Authority of India Limited Steel Authority of India Limited continued to provide welfare facilities like provident fund, gratuity, employees‘ pension scheme, life cover scheme, workmen compensation, maternity benefit, funeral expenses, welfare measures under the Factories Act like canteen, rest rooms, washing places, latrines, urinals, drinking water facility etc., group insurance scheme, employees family benefit scheme, compassionate employment, medical facility to employees, townships, SAIL group mediclaim policy, child care leave, educational facilities, house building advance, conveyance advance, scholarship scheme for children of its employees, festival advance, long service award etc. Indian Railways Indian Railways‘ (IR) welfare schemes cover a wide spectrum of activities in the areas of education, medical care, housing, sports, recreation and catering. Staff Benefit Fund is an important channel for providing additional facilities to railway employees and their families in the spheres of education, recreation, medicare, sports, scouting and cultural activities. Dispensaries under the indigenous systems of medicine, viz. Ayurvedic and Homeopathic, are run with the help of this Fund. Approximately 44% staff has been provided with railway quarters. 1,177 staff quarters were electrified during 2011-12. 253 canteens served subsidized meals and refreshments to employees during the year at their work-places. Co-operative societies of various types are engaged as a part of welfare programme for employees. Besides, a large number of Thrift and Credit Societies, 166 registered Railwaymen's Consumer Co-operative Societies, 14 Railwaymen's Cooperative Housing Societies and 19 Labour Co-operative Societies were functional on IR during 2011-12. IR attach due importance to recreation for its employees and provide excellent facilities through Institutes/Clubs for sports, libraries, etc. as also Holiday Homes to enable the employees and their families to enjoy holidays at nominal expenses. 4. WELFARE WORK UNDER STATUTORY WELFARE FUNDS To supplement the efforts of the employers and the State Governments in providing welfare amenities to the workers, the Ministry of Labour & Employment administers five Welfare Funds for beedi, cine and certain categories of non-coal mine workers. The Funds have been set up under the following Acts of Parliament for the welfare of these workers: The Mica Mines Labour Welfare Fund Act, 1946; The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972; The Iron Ore, Manganese Ore and Chrome Ore Mines Labour Welfare Fund Act, 1976; The Beedi Workers‘ Welfare Fund Act, 1976; and 120 The Cine Workers‘ Welfare Fund Act, 1981 The Acts enable the Central Government to meet the expenditure incurred in connection with measures and facilities which are necessary or expedient to promote the welfare of such workers. In order to give effect to the objectives laid down in the above Act, various welfare schemes have been formulated and are under operation in the fields of Health, Social Security, Education, Housing, Recreation and Water Supply. Labour Welfare Funds are financed out of the proceeds of the cess levied under the respective Cess/Fund Acts on manufactured beedis, feature films, export of mica, consumption of limestone & dolomite and consumption and export of iron ore, manganese ore & chrome ore as per the rates given below: The Beedi Workers Welfare Cess Act, 1976 provides for levy of cess by way of excise duty on manufactured beedis from Rs.1/- to Rs.5/- per thousand manufactured beedis. This is presently Rs.5/- per thousand manufactured beedis w.e.f. 1st April, 2006. The Cine Workers Welfare Cess Act, 1981 provides for duty of cess, at such rate not being less than one thousand rupees and not exceeding twenty thousand rupees, on every feature film submitted to the Chairman, Central Board of Film Certification. This is Rs.20,000/per feature film of Hindi and English and for regional films it is Rs.10,000/- per film w.e.f. 20.04.2001. The Iron Ore, Managanese Ore & Chrome Ore Mines Labour Welfare Cess Act, 1976 provides for levy and collection of cess on Iron Ore, Manganese Ore and Chrome Ore between 50 paise to Re.1/-, Re.1/- to Rs.4/- and Rs.3/- to Rs.6/- respectively. The rate of cess is Re.1/- per MT on Iron Ore. The rate of cess is Rs.4/- per MT on Manganese Ore and Rs.6/- per MT on Chrome Ore w.e.f. 11.09.2001. The Limestone and Mines Labour Welfare Fund Act, 1972 provides for the levy and collection of cess on Limestone and Dolomite as a duty of excise at such rate not exceeding one rupee per metric tone of limestone and dolomite. The rate of cess on Limestone and Dolomite is Re.1/- w.e.f.27.12.2000. Mica Mines Labour Welfare Fund Act, 1946, provides for levy and collection of cess on all mica exported as duty of Customs not exceeding 6.25% ad valorem. This is 4.5% advalorem on export w.e.f.01.11.1990. The Labour Welfare Organization which administers these Funds is headed by a Director General (Labour Welfare). He is assisted by the Welfare Commissioner (Headquarters), who supervises nine Regional Welfare Commissioners for the purpose of administration of these Funds in the States. The jurisdiction of each Welfare Commissioner is as under:Welfare Commissioners and Their Jurisdiction Sl.No. 1 Name of Region Welfare Commissioner, Allahabad 2 3 4 5 Welfare Commissioner, Bangalore Welfare Commissioner, Ajmer Welfare Commissioner, Bhubaneshwar Welfare Commissioner, Kolkata 6 7 8 9 Welfare Commissioner, Hyderabad Welfare Commissioner, Jabalpur Welfare Commissioner, Karma Welfare Commissioner, Nagpur 121 States Covered Uttar Pradesh, Himachal Pradesh, Punjab, Jammu & Kashmir and Uttarakhand Karnataka and Kerala Gujarat, Rajasthan & Haryana Orissa West Bengal, Assam, Tripura and Meghalaya Tamil Nadu and Andhra Pradesh Madhya Pradesh and Chhattisgarh Bihar and Jharkhand Maharashtra & Goa CHAPTER 6 INDUSTRIAL HOUSING The National Agenda for governance has identified House for all as a priority area with particular stress on the needs of the vulnerable groups. Housing is one of the components considered to be vital for human survival and, therefore, essential for socio-economic development. It is an important economic activity besides being a basic necessity which determines the quality of life. The housing problem has become acute in most industrial regions. As part of the construction industry, housing has emerged as a major sector of economy having backward and forward linkages with almost all other sectors. 1. URBAN HOUSING DEVELOPMENT The Ministry of Housing & Urban Poverty Alleviation is the apex authority of Government of India at the national level for formulation of housing policy and programme, review of the implementation of the plan scheme, collection and dissemination of data on housing, building materials/techniques and for adopting general measures for reduction of building costs. In addition, it is entrusted with implementation of the specific programmes of urban employment and urban poverty alleviation, including provision of basic amenities to the urban poor and support for establishment of micro-enterprises by skill development of the poor. In the federal structure of the Indian polity, the matters pertaining to the housing and urban development have been assigned by the Constitution of India to the State Governments. The Constitutional 74th Amendment Act has further delegated many of these functions to the urban local bodies. Although these are essentially State subjects yet the Government of India plays a coordinating and monitoring role and also supports these programmes through centrally sponsored schemes. The Ministry also plays a nodal role in addressing various issues of urban employment and poverty alleviation and housing sector by formulating policies, providing legislative guidance and through sectoral programmes. The National Policy issues are decided by this Ministry which allocates resources to the State Governments through various centrally sponsored schemes. In addition, this Ministry is also supporting various external assistance programmes for housing, urban employment and poverty alleviation in the country. The emphasis of the 11th Plan on inclusive and equitable growth has led to a greater urgency for municipal reforms and effectiveness of the third tier of governance, greater emphasis on community participation and the implementation of the flagship programme of JNNURM with 40% of its considerable budget devoted to slum redevelopment and rehabilitation. At the end of the 10th Five Year Plan, the housing shortage was estimated to be 24.7 million housing units. An estimated 99% of this housing shortage pertains to households falling in the Economically Weaker Sections (EWS) and Low Income Group (LIG) segments. Further, urban areas in our country especially those inhabited by the poor are characterized by severe constraints of basic services like potable water, drainage system, sewerage network, sanitary facilities, electricity, roads and effective solid waste disposal. In order to mitigate the housing shortage alongwith deficiencies in basic services and in consonance with the changing policy environment, the Ministry announced the National Urban Housing and Habitat Policy, 2007. This Policy focuses on affordable housing for all with special emphasis on economically weaker sections of the society such as SCs, STs, OBCs, Minorities, women-headed households and the physically challenged. The Policy seeks to emphasize public sector partnering with private sector and also cooperative sector, the employees welfare housing sector, the industrial-cum-labour housing sector playing important role. The Central Government seeks to play the role of an ‗enabler‘ and ‗facilitator‘ under the aegis of the National Urban Housing & Habitat Policy. 122 Recently, urban sector has witnessed major changes on account of our country‘s transition towards market-based economy and the spirit of decentralization which is embodied in the Constitution (74th Amendment) Act, 1992. In addition, the role of urban sector in economic growth and poverty reduction has undergone major change. The need for public private partnership is now widely appreciated. In order to cope with massive problems that have emerged as a result of rapid urban growth, it became imperative to draw up a strategy to implement projects in select cities on mission mode. The Jawaharlal Nehru National Urban Renewal Mission (JNNURM) was launched by the Prime Minister of India on 3rd December, 2005 with an objective of providing focused attention to integrated development of urban infrastructure and services in select 65 cities with emphasis on urban poor, slum improvement, community toilets/baths, etc. The need for Sub-Mission on Basic Services to the Urban Poor (BSUP) under JNNURM arose because urbanisation in India is considered as an important determinant of national economic growth and poverty reduction. As per 2011 population census, the urban population of India was about 377.1 million representing 31.16 percent of the country‘s total population of 1210.2 million. The ever increasing number of slum dwellers causes tremendous pressure on urban basic services and infrastructure. The supply of land for housing has failed to keep pace with increase in urban population resulting in large number of households without access to basic services, poor housing and proliferation of slums and widespread poverty. In addition, Ministry of Housing and Urban Poverty Alleviation has formulated a scheme namely Integrated Housing and Slum Development Programme (IHSDP) which is applicable to all cities and towns as per 2001 census except those cities which are covered under mission cities under JNNURM. The components for assistance under the Scheme would include all slum improvement/upgradation/relocation projects including upgradation/new construction of houses and infrastructural facilities like water supply and sewerage. Allocation of funds among States would be on the basis of the States‘ urban slum population to total urban slum population in the country. It is a vision of the Government to make the country slum-free as early as possible, by providing slum-dwellers basic services and access to decent shelter and creating conditions of urban development that contain the need for the emergence of slums. In order to achieve this vision, a new scheme called ‗Rajiv Awas Yojana‘ (RAY) has been launched on 02.06.2011. The Scheme proposes to address the problem of slums in a holistic and definitive way adopting a multipronged approach focusing on bringing existing slums within the formal system and enabling them to avail of the same level of basic amenities as the rest of the town; redressing the failures of the formal system that lie behind the creation of slums; and tackling the shortages of urban land and housing that keeps shelter out of reach of the urban poor and forces them to resort to extra-legal solutions in a bid to retain their sources of livelihood and employment. Institutional Financing of Housing The substantial thrust on housing laid by the Government through the facilitating measures including Reserve Bank of India‘s (RBI) regulations relating to priority sector lending, fiscal concessions and budgetary incentives have started to bear fruit. Institutional credit disbursals are being made through Housing Finance Institutions (HFIs) under the ambit of the National Housing Bank (NHB). NHB registers, regulates and supervises Housing Finance Companies (HFCs), keeps surveillance through On-site & Off-site Mechanisms and co-ordinates with other Regulators. Housing and Urban Development Corporation (HUDCO), since its inception in 1970, has made steady and significant strides in the field of housing and urban infrastructure financing catering to the needs of every section of the population. Unlike the policy adopted by the contemporary housing finance companies, HUDCO‘s assistance covers the housing needs of every class of the society, with special emphasis on the weaker sections and the deprived. As on December 31, 2011, HUDCO has provided finance for over 15 million dwelling units and over 1,600 urban infrastructure projects in India. Further, up to December 31, 2011, it has sanctioned 123 loans of Rs.37,464 crore for housing and Rs. 84,906 crore for urban infrastructure on a cumulative basis. During the year 2011-12, as on 31.12.2011, HUDCO has sanctioned a total assistance of Rs.9147 crore (Including HUDCO Niwas) for housing programmes. These schemes will provide 339271 residential units and 520 non residential buildings. The housing schemes for handloom weavers and beedi workers are being implemented through Central Government subsidy as well as the loans provided by the HUDCO. The HUDCO is also providing loan for construction of hostels for working women. A certain proportion of the houses financed by the HUDCO are reserved by state agencies for the SC/ST population. 2. HOUSING SCHEMES OF THE STATE GOVERNMENTS Keeping in view, the importance of housing, some of the State Governments/UTs have also framed suitable Schemes and Acts for this purpose. Information available on the number of houses constructed/allotted to the workers during the years 2011 are given below: Sr.. No. State 1 1. 2 Andhra Pradesh 2. Chandigarh 3. Chhattisgarh 4. 5 Number of houses constructed/allotted during the year 2011 and the name of the Scheme 3 584 (Beedi Workers Housing Scheme) - Since the inception of the Scheme (at the end of the year 2011) 4 48586 620 - (Integrated Beedi Workers 284 Housing Scheme) Kerala - (Kerala Plantation Worker‘s 21096 Housing Scheme) West Bengal 1718 (West Bengal Beedi Workers‘ 11604 Welfare Scheme) Source: The table is based on the information provided by the concerned State Govts. 3. HOUSING FOR WORKERS IN MAJOR INDUSTRIES (A) Factory Sector (i) Iron and Steel The Vishveshvaraya Iron & Steel Plant encourages its employees to construct their own houses by allotting them land at nominal rent on short as well as on long term basis and advances loans for building purposes to the extent of 75 per cent of the cost subject to a maximum of 18 months‘ pay. The company also renders assistance to the co-operative housing society formed by its employees. At present VISL are having 5014 houses. The employees strength as on 01.09.2012 is 1080. Due to surplus availability of houses, no houses were constructed during the year 2011. Steel Authority of India (SAIL) is maintaining fully developed residential townships at all the Major Plant/Unit locations. The townships are having spacious houses and all civic amenities. For recreation of the employees, the townships are having clubs, theaters, sports stadiums, market places etc. the townships, known for their greenery, are like oasis for the otherwise underdeveloped plan/unit locations and have been able to meet the aspirations of the employees. SAIL also gives House Building Advance to its interested eligible employees at concessional rates to the tune of Rs. 15 lakhs for non executives and Rs. 20 lakhs for executives, for construction of Residential accommodation. Rates of interest for House Building Advance up to Rs. 1,00,000/- is 4% per 124 annum, above Rs.1,00,000/- and upto Rs.8 lakhs is 6% per annum and above Rs.8 lakhs is 9.5% per annum. (B) Mines (i) Coal Mines The Coal Mines Labour Welfare Organisation supplements the efforts of the State Governments and the employers in coal mines to provide housing accommodation to coal miners and their dependents. For this purpose 40% of the amount, which is collected as Cess on the dispatches of coal from the coal mines constitutes the housing accounts of the Coal Mines Labour Welfare Fund. (ii) Coal India Ltd. At the time of nationalisation, in Coal India Ltd. and its subsidiaries there were only 1,18,366 houses including sub-standard houses. The availability of these houses has increased to 4,01,795. The housing satisfaction has now reached 70.42%. The coal companies are making all out efforts to further improve these facilities. Employees will be encouraged to form cooperative societies for building their own homes at a place where they would like to finally settle down. (iii) Mica Mines Since the inception of the scheme in the year 2008 the Mica Mines Labour Welfare Organisation, Kalichedu (A.P.) had allotted 533 houses to its workers under various Housing Schemes. (C) Plantations The Plantations Labour Act makes it obligatory for the employers to provide and maintain necessary housing accommodation for every worker and his family residing in the plantation. The Act also requires every employer to provide and maintain necessary housing accommodation for those desiring workers, who have put in six months of continuous service, but are residing outside the plantation. The State Governments are, however, empowered to frame rules to decide the standard and specification of the accommodation. As per the latest information available (2011), Of the total plantation workers eligible for housing accommodation, 64.25 per cent workers have been provided with housing accommodation. The Plantation Establishments in the State of Uttarakhand have provided housing accommodation to all the workers followed by the States of Tamil Nadu, Karnataka, Assam, Kerala, A & N Islands, Himachal Pradesh, Tripura and West Bengal where 90.86 per cent, 80.07 per cent, 82.33 per cent, 81.81 per cent, 54.58 per cent, 40.41 per cent, 28.87 per cent and 3.00 per cent of workers have been provided with housing accommodation. (D) Railways The Indian Railways, being the single largest employer in the country have provided the maximum housing facilities to the employees. Approximately 44% staff has been provided with railway quarters. 1,177 staff quarters were electrified during 2011-12. 14 Railwaymen's Cooperative Housing Societies were functional on IR during 2011-12. (E) Dock and Ports (i) Chennai Port Trust - The Trust has provided about 20.7% of the serving officers/employees with quarters. There are 1516 quarters of various types (Types I to V) at the end of the year 2011. Also, each of the employees who have availed House Building Advances from the Trust 125 contributes Rs.35/- on Chennai Port Trust Employees House Building Advance Special Family Benefit Fund (Chennai Port Trust EHBASFB). The Fund is used to compensate the liquidity of the employee towards House Building Advance including interest thereon in the case of an employee dies in harness. The Trust contributes 1/7th of the total employees‘ contribution every month. The Trust has granted Rs. 76,980/- towards contribution of HBA during the year 2011-2012. (ii) Mormugao Port Trust - Mormugao Port Trust has constructed 1788 residential quarters in the localities at Headland, Bogda, Jetty, Desterro and Baina etc. At present 53% of the total employees has been provided with quarters. Apart from providing official accommodation House Building Advance are also given to the eligible employees who desire to construct their new houses or acquire ready build flats/houses. So far 305 employees have availed of the house building advances since the year 1988 to 2011. (iii) Mumbai Port Trust - The MbPT (Mumbai Port Trust) Administration has provided residential accommodation to its employees. Residences for MbPT and ex-BDLB employees are located at Wadala, Sewri, Cotton Depot, Dockyard, Colaba, Cotton Green, Govandi, Mulund, etc. Free quarters are provided to few specified categories of Port Trust employees. Also, concession in electricity charges is granted to all employees including officers residing in MbPT/BDLB quarters. There are 393 housing units constructed during 2011 and a total of 8281 housing units are available at the end of 2011. (F) Postal Department The Department of Post has providing housing facilities to a large number of employees. Rented accommodation is being provided to certain essential staff. In addition, house-building advances are granted to the employees enabling them to purchase land and build their own houses. 4. RURAL HOUSING SCHEMES In India, nearly 70 per cent of the population lives in rural areas where the housing needs are just unmet. The earliest housing programme taken up by the Government of India was for rehabilitation of refugees immediately after the partition of the country. A formal village housing scheme was later launched in 1957 as part of the Community Development movement. Much later, the programme was enlarged and construction of houses was taken up as a major activity under the National Rural Employment Guarantee Programme (NREGP), which began in 1980 and later under the Rural Landless Employment Guarantee Programme (RLEGP) taken up in 1983. In 1985-86, Indira Awaas Yojana (IAY) was launched as a sub-scheme of RLEGP and from April 1989, it became a sub-scheme of the Jawahar Rozgar Yojana (JRY). On January 1st, 1996, IAY was finally delinked from JRY and made an independent scheme. The IAY aims at providing dwelling units to houseless below poverty line (BPL) households identified by the gram sabhas and those living in dilapidated and kutcha houses, with a component for providing house sites to the landless poor as well. Under the IAY, a shelterless BPL family is given assistance of Rs.70,000 in plains areas and Rs.75,000 in hilly/difficult areas/Integrated Action Plan (IAP) districts for construction of a new house. For upgradation of kutcha or dilapidated houses, Rs.15,000 is provided. For purchase of house sites, Rs.20,000 is provided. 126 CHAPTER 7 HEALTH AND SAFETY 1. HEALTH OF INDUSTRIAL WORKERS Health and safety of the employees is an important aspect of every organization for their smooth and successful functioning. It is a critical factor in organizational effectiveness as it not only increases the production but also the quality of products and services rendered by improving employee morale, reducing absenteeism and enhancing productivity. Hence every organization must attach importance towards achieving high Occupational Health and Safety performance as they do to the other key objectives of their business activities. Occupational health & safety standards for industrial workers are implemented through the adoption of common codes of practice, safety legislation and training in related matters. Occupational hazards are one of the major problems created by the machine-made environment. Constitution of India has also specified provisions for ensuring occupational safety and health of the workers in the form of three articles 24, 39 (e & f) and 42. The regulation of labour and safety in mines and oil fields is under the Union List and the welfare of the labour including conditions of work etc. is in the Concurrent List. The Ministry of Labour & Employment, Government of India and Labour Departments of the State and Union Territories are responsible for safety and health of workers. The DGMS (Dhanbad) and DGFASLI (Mumbai) are the two field organisations of the Ministry of Labour & Employment which make efforts to achieve the principles enshrined in the Constitution in the field of occupational health and safety in mines, factories and ports. Legislations The statutes relating to Occupational Health and Safety (OH&S) are broadly divided into three: Statutes for safety at workplaces Statutes for safety of substances Statutes for safety of activities At present, safety and health statutes for regulating OH&S of persons at work exist only in four sectors: Mining Factories Ports Construction The major legislations are:The Factories Act, 1948 It regulates health, safety, welfare and other working conditions of workers in factories. It is enforced by the State Governments through their factory inspectorates. The Directorate General Factory Advice Service & Labour Institutes (DGFASLI) co-ordinates matters concerning safety, health and welfare of workers in the factories with the State Governments. DGFASLI conducts training, studies and surveys on various aspects relating to safety and health of workers through the Central Labour Institute in Mumbai and three other Regional Labour Institutes located at Kolkata, Chennai and Kanpur. Mines Act, 1952 It contains provisions for measures relating to the health, safety and welfare of workers in the coal, metalliferous and oil mines. The Mines Act, 1952, prescribed duties of the owner (defined as the proprietor, lessee or an agent) to manage mines and mining operation and the health and safety in mines. It also 127 prescribes the number of working hours in mines, the minimum wage rates, and other related matters. Directorate General of Mines Safety conducts inspections and inquiries, issues competency tests for the purpose of appointment to various posts in the mines, organises seminars/conferences on various aspects of safety of workers. Courts of Inquiry are set up by the Central Government to investigate into the accidents, which result in the death of 10 or above miners. Both penal and pecuniary punishments are prescribed for contravention of obligation and duties under the Act. Dock Workers (Safety, Health & Welfare) Act, 1986 It contains provisions for the health, safety and welfare of workers working in ports/docks. It is administered by Director General Factory Advice Service and Labour Institutes, Directorate General FASLI as the Chief Inspector there are inspectorates of dock safety at 10 major ports in India viz. Kolkata, Mumbai, Chennai, Visakhapatnam, Paradip, Kandla, Mormugao, Tuticorin, Cochin and New Mangalore Overall emphasis in the activities of the inspectorates is to contain the accident rates and the number of accidents at the ports. Other legislations and the rules framed thereunder: Plantation Labour Act, 1951 Explosives Act, 1884 Petroleum Act, 1934 Insecticide Act, 1968 Indian Electricity Act, 1910 Indian Boilers Act, 1923 Indian Atomic Energy Act, 1962 Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 Beedi and Cigar Workers' (Conditions of Employment) Act, 1966. Following are some of the measures taken to ensure the health & safety conditions of industrial workers. (a) The Employees State Insurance Scheme The ESI Scheme is an integrated scheme of social benefits which provides medical and cash benefits in the contingencies of sickness, maternity, employment injury and death due to employment injury. The Act applied to any premises/precincts where 10 or more persons are employed. A factory or an establishment located in a geographical area notified for implementation of the Scheme falls under the purview of the Act. Employees of the aforesaid categories of factories and establishments, drawing wages upto Rs. 15,000/- a month, are entitled to social security cover under the ESI Act. The wage ceiling for purpose of coverage of employees is revised from time to time, to keep pace with rising cost of living and subsequent wage hikes. The Act is being implemented area-wise in a phased manner. The ESI Scheme is operated in 807 centres situated in 29 States/Union Territories. As on 31.03.2012, 1.71 crore insured persons and about 6.63 crore beneficiaries are covered under the Scheme. The number of factories and establishments covered by the end of the year had gone up to about 5,80,028. The ESI Scheme is administered by a statutory body called the Employees State Insurance Corporation (ESIC), which has members representing Employers, Employees, Central and State Governments, Medical Profession and the Parliament. The ESI Scheme is mainly financed by contributions from the employers and employees. The rates of the employers‘ and the employees‘ share of contribution are 4.75 % and 1.75% respectively. The State Governments‘ share of the expenditure on the provision of medical care is to the extent of 12.5%. All contributions received under the ESI Act and all other money belonging to the fund which is not immediately required for defraying day to day expenses are invested in the manner 128 prescribed statutorily. As on 30.09.2012, the total investment of fund was Rs. 30,047.72 crore. The Scheme provides full medical facilities from primary health care to super speciality treatment in respect of the insured persons and their family members. The medical care under the Scheme is administered by the State Governments, except in Delhi. The Corporation also directly runs 34 Hospitals as on 30.10.2012. (b) Medical Facilities under Statutory Welfare Funds (i) The Labour Welfare Organisation is directly running hospitals and dispensaries at different places in the country to provide basic health care and family welfare services to beedi, mine and cine workers. Health Care is provided to: Beedi workers and their dependents through 7 hospitals and 204 dispensaries all over the country. Recently the govt. has approved four new hospitals and 40 dispensaries for beedi workers in the country. For cine workers, there are three dispensaries for medical treatment. For Iron Ore, Manganese Ore & Chrome Ore Mines workers and their families, there are 3 hospitals and 16 dispensaries. For Limestone & Dolomite Mines workers and their families, there are 32 dispensaries. For mica workers there are 1 hospital and 8 dispensaries, all over the country. a) b) c) d) e) Diversified Medical Assistance for Workers; Purpose Ophthalmic Problems Tuberculosis Nature of Assistance Financial assistance of Rs.300/- for purchase of spectacles Reservation of beds in T. B. Hospitals and domiciliary treatment for workers. Subsistence allowance Rs.750/- p.m. to Rs.1000/- is paid to workers. Heart Diseases Reimbursement of expenditure up to Rs.1,30,000/- to workers. Kidney Transplantation Reimbursement of expenditure up to Rs.2,00,000/- to workers Cancer Reimbursement of actual expenditure on treatment, medicines, and diet charges incurred by workers, or their dependants. Minor surgery like Hernia, Reimbursement of expenditure upto Rs.30,000/- to workers and their Appendectomy ulcer, dependants. Mental Diseases Financial assistance for treatment of mental diseases, diet, railway fare and subsistence allowance to workers. In addition to above following welfare schemes are specially formulated for the mine workers:a) Scheme for artificial limb for mine workers working in mines; b) Scheme for fatal and serious accidental benefit, for mine workers; c) Scheme for payment for grant-in-aid to the mine managements who are maintaining hospital for the mine workers and their families; d) Scheme for organizing health camps; e) Grant-in-Aid for the purchase of ambulance, 75% of the cost or Rs.3.00 lakh whichever is less; (ii) The information provided by various States/Union Territories is as under:- Kerala The Department of Factories and Boilers, under the Department of Labour is looking after safety, health and welfare of workers employed in factories. Secretary to Labour is the administrative head of the Department. The main function of the Factories & Boilers Department is to administer/implement various provisions in the Factories Act 1948, the Indian Boilers Act 1923 129 and other enactments for ensuring Safety, Health and Welfare of the factory workers and safety of the neighbouring public. The departmental functions are regulatory as well as service oriented. The department is adopting a two-tier system viz. Regulatory and advisory to make it an inspection service department. The Director of Factories & Boilers is assisted by enforcement wing consisting of a Joint Director of Factories and Boilers (HQ) and 3 Regional Joint Directors of Factories and Boilers. There are 22 factory divisions each headed by the Inspector of Factories and Boilers in respect of Factories under Section 2(m), hazardous factories coming under section 85 of the Factories Act, 1948 and 25 Additional Inspectors of Factories in charge of non hazardous Factories notified under section 85 of Factories Act 1948. Delhi One Inspector of factories-cum-certifying surgeon in the inspectorate of factories is working under the Factories Act, 1948. Tripura The Labour Department of Tripura runs the medical grant scheme for rickshaw pullers who suffer from Cancer, T.B., Kidney, Eye and Heart Diseases. Total amount of Rs.1,26,000/- in favour of 126 Nos. of applicant during the year, 2011 was spent. (c) Railways Indian Railway health care system with a chain of 125 hospitals, 586 health units with approximately 14000 indoor beds, managed by 2,506 doctors & dental Surgeons and 54,000 paramedical staff including nursing staff forms an integral part of ‗total health care solution‘ made available for its 65 lakh beneficiaries – both serving and retired. Apart from attending to the patients, activities like monitoring the quality of food & water, maintaining colony sanitation etc. are undertaken. Doctors in zonal hospitals are also engaged in teaching and imparting training to post graduate students (DNB) for specialist and super specialist courses. During the year 2011-12, approximately 2.45 crore patients were attended in Out-Patient Departments, 4.64 lakh treated in indoor wards and approximately 44,000 major and special surgeries were performed. As part of industrial medicine, approximately 89,332 candidates were examined and 1,35,000 periodical medical examinations were conducted. More than 30,000 passengers are provided medical aid every year. (d) Factories DGFASLI; The Directorate General of Factory Advice Service & Labour Institutes, (DGFASLI) Mumbai under the Ministry of Labour & Employment, Government of India functions as a technical arm of the Ministry in regards to matters concerned with safety, health and welfare of workers in factories and ports/docks. It assists the Central Government in formulation and review of policy and legislation on occupational safety and health in factories and ports, maintains a liaison with Factories Inspectorates of States and Union Territories in regard to the implementation and enforcement of provisions of the Factories Act, 1948; renders advice on technical matters; enforces the Dock Workers (Safety, Health and Welfare) Act, 1986; undertakes research in industrial safety, occupational health, industrial hygiene and industrial psychology etc; and provides training in the field of industrial safety and health. In areas of industrial safety related research and allied problem, DGFASLI is providing its services through it‘s headquarter at Mumbai, Central Labour Institute at Mumbai and four Regional Labour Institutes at Kolkata, Chennai, Kanpur and Faridabad. It‘s headquarter has (i) Factory Advice Service Division and (ii) Dock Safety Division. The Central Labour Institute and the four Regional Labour Institutes have the following divisions viz. Industry Safety, Industry Hygiene, Industrial Medicine, Industrial Physiology, Industrial Psychology, Industrial Ergonomics, Industrial Environmental Engineering, Staff Training, Small Scale 130 Industries Cell, Productivity, Major Hazards Chemical Safety, Management Information Services and Safety and Health Communication Division. The different divisions at the Institute undertake activities such as carrying out studies and surveys, organizing training programmes, seminars and workshops, rendering services such as technical advice, safety audits, testing and issuance of performance reports for personal protective equipment, delivering talks, etc. The 51st Conference of Chief Inspectors of Factories was held at Bhopal, during 25-27 April, 2011. The important decisions taken during the conference are implementation of the National Policy on Safety, Health and Environment at Workplace, modification proposed in light to the Hon‘ble Supreme Court‘s Judgment, to Schedule- XIII and Schedule-XIV of the Model Factories Rules framed under Section 87 of the Factories Act, 1948, rationalization and simplification of reports and returns, list of factories to be notified under Section 85 of the Factories Act, 1948, Review of the Model Factories Rules etc. (e) Iron and Steel SAIL (Steel Authority of India Ltd.): SAIL provides full medical care to its employees and their dependants. They are operating their own hospitals at townships with state of the art facilities where free outdoor and indoor medical treatment is provided to all regular employees right from the date of joining the company and their dependant family members. Employees are also referred to specialist hospitals at the cost of the company if need arises. In cities, SAIL is having tie ups with major medical centers for treatment of its employees posted there. For the period of absence due to sickness, full wages against commuted leave is provided to the employees. Also, in case of temporary disablement due to accident arising out of and in course of employment, SAIL provides full wages to its employees for such period of absence. SAIL Group Mediclaim Policy: The employees and their spouses, in case of separation on superannuation/VR/discharge on medical unfitness, and spouse of a deceased employee can enroll under the SAIL Group Mediclaim Policy. SAIL has been operating this scheme for its retired employees and their spouse since 1991. The Mediclaim scheme 2011 provides for hospitalization coverage of Rs. 2 lakh per member with clubbing facility with spouse, i.e., either of a member can avail hospitalization benefit upto Rs.,4,00,000/-. The OPD coverage, for members who have completed 70 and above years of age as on 31.12.2010, will be Rs. 8,000/- per member, whereas for below 70 years of age the coverage amount is Rs. 4000/- per member. Currently, the membership under the Group Mediclaim Policy in SAIL is about 86,000. At present a member pays only 15% of the premium and the rest is borne by the Company. SAIL‘s contribution at 85% comes to around Rs. 91 crores. Visvesvaraya Iron & Steel Plant: Heath care of the employees and their dependents is taken care in the 115 bed hospital and occupational health center with medical facilities and a team of experienced doctors and para-medical staff. In addition, the referral facility to specialized hospital based on need is being extended. VISL is conducting Eye Camps, Family Planning activities, periodical health check up programmes. In addition, VISL also associate with local bodies in arranging social and cultural programmes not only for their employees and their wards but also for the society. VISL Management has taken up schemes of peripheral development under corporate social Responsibility activities with a view to improve the general health, education, providing hygiene drinking water in the peripheral areas. In addition to the facilities extended to the regular employees, the retired employees are also extended the benefits of medical through Company Hospital, Mediclaim facilities as per SAIL guidelines. Tata Steel: All the statutory requirement of the Factories Act in regard to Health, Safety and Welfare facilities are provided by the company. On the medical facilities for workers and their 131 family members and their dependent relations, the company spent Rs. 103.58 crores during the Financial Year 2010-2011. Rashtriya Ispat Nigam Limited: The statutory Occupational Health needs of the employees are taken care of through a well-equipped Occupational Health Center since Nov.1992. It is the first OHS unit in steel industry to receive ISO-9001, ISO-14001 and OHSAS 18001-2007 certifications. Periodical Medical Examination (PME) of employees at OHS&RC is carried out through a process: Health of employees in monitored at set frequency depending on the nature of work under the Man Management Programme (MMP) and the employee records are managed online through Occupational Health Management System. Various initiatives like health education and heath checkup programmes are also brought out. (f) Docks/Ports No. of Beds, Hospitals & Dispensaries in the Docks / Ports are given below: Name of the Port No. of beds 1 Vishakhapatnam Dock Labour Board Vishakhapatnam Port trust Mormugao Port Trust Mumbai Port Trust Cochin Port Trust New Mangalore Port Trust Kolkata Dock Labour Board 2 124 100 238 150 50 - No. of Hospitals 3 1 No. of Dispensaries 4 2 1 Branch dispensaries exist at all residential colonies near dock area. 1 1 6 1 2 1 1 - Medical Facilities Provided at Various Ports Cochin Port Trust Cochin Port Trust Hospital provides Medical treatment to Port Employees & their dependants, Port Pensioners & their Spouses, CISF personnel & their dependants, Central Govt. organizations like Railways, Customs, Emergency treatment to outsider etc. A 150 bedded hospital with ICU & Special ward facility, well-equipped Operation Theatre Complex with facility for Laparoscopic Surgery, Specialist / Super Specialist Consultation with referral facility, round the clock casualty with ambulance services etc. is functioning in Cochin Port Trust. Vishakhapatnam Port trust A 124 bedded hospital is functioning to cater to the medical needs of the port employees and their families and other employees from outside organizations connected to the port. The Hospital provides diagnostic services like clinical and bio-chemical laboratory, blood bank, radiology with 800 mm and 500 mm X Ray plant, Ultra sound scanner, Tread mill and ECG and round the clock casualty and Ambulance service to meet any emergency and accident cases. Specialist clinics for Medical, surgical, gynaec, ortho, ENT, Opthalmic, Paediatrics, skin, twin Air Condition Operation Theatres with special equipment to conduct major and minor operations are functioning in the hospital. 132 Mormugao Port Trust Adequate first-aid boxes are provided on the working places in the dock area & port premises. First-aid treatments are readily available during the working hours to the workers at the working places and the ambulance is also provided with the full equipment and qualified nursing staff. Mormugao Port Trust has its own 100 bedded hospital having fully equipped indoor and outdoor departments, a Health Centre in the Port Colony at Headland and first Aid Centres at MPT Workshop and at MOHP area. Medical facilities in the disciplines of General Medicine, General Surgery, Obstetrics & Gynecology, Pediatrics, Ophthalmology and Dentistry are available to the employees and their dependents. These are further supported by Anesthesiology, Pathology, Radiology, Orthopedics. The hospital has also extended medical facilities of Ayurvedic and Homeopathic treatment to the employees and their families. Whenever, necessary, the arrangements for external specialist consultations/referral are made in the interest of the patient. Apart from medical officers, the hospital is enriched with qualified and experienced nursing personnel and other paramedical staff. Every year provisional budgetary allocation is made for providing medical facilities for the employees and their families. The expenditure incurred on medical facilities during the year 2011-12 was Rs.1640.23 lakhs. Mumbai Port Trust Free medical facilities are provided to the existing employees and their dependant family members as also to retired employees and their spouses. Mumbai Port Trust has 238 bedded hospital and 6 full time dispensaries, most of which are located near the residential colonies. The hospital is well-equipped with modern and sophisticated equipments and manned by well-qualified medical and para-medical staff. It provides indoor and outdoor medical facilities. Occupational and physio-therapy departments deal with the task of preparing persons for active work. Investigative facilities include radiology, pathology, ultra-sonography. Advanced TB cases are referred to TB Hospital and Convalescent Homes at Talegaon. MbPT Hospital has a unique facility for hyperbaric oxygen chambers for treatment of certain illnesses. There blood collection centres are run for blood test in Dockyard, Ballard Estate and Govandi Dispensaries. Blood Bank is also maintained. A family welfare centre is attached to MbPT hospital. MbPT hospital also provides 24 hours ambulance service. MbPT patients needing specialized modes of investigations/treatment are referred to outside organizations. Chennai Port Trust The facilities in the Chennai Port Trust hospital keep pace with the advances in the field of medical science and high standard of medicare to its employees, their families and also to pensioners are provided. To maintain such high standards in Medicare, constant evaluation and updating of equipment is done. The main Hospital in Spring Haven Road has in-patient facilities for 185 beds. There are two peripheral Out-patient blocks at the Diabetic Specialty Centre located in the former EDLB Building and Tondiarpet Housing Colony which takes care of outpatient cases. A new fully equipped ICU and a modern fully equipped laboratory is available for benefit of the patients. Referral services are also available to patients. New Mangalore Port Trust New Mangalore Port Trust has a 50 bedded hospital with free consultancy from specialist doctors, referral hospital facilities, free medical treatment in Allopathy, Ayurveda & Homeopathy. Round the clock medical service including ambulance van facilities are available in the Port Trust Hospital. 133 2. INDUSTRIAL INJURIES Statistics on injuries in Factories, Mines, Railways and Docks and Ports as collected under the Factories Act, 1948, the Mines Act, 1952, the Indian Railways Act, 1890 and the Indian Dock Labourers‘ Regulations, 1948 and Dock Workers‘ (Safety, Health and Welfare) Scheme, 1961, respectively, are presented in this Section. The statistical unit is the number of workers involved, i.e. persons receiving injuries and not the number of accidents. The Injuries have been defined as under;(i) Fatal Injury means injuries resulting from industrial accident, which causes death or injured persons are prevented from attending work permanently. (ii) Non-Fatal injury means injury resulting from the industrial accidents, which prevent injured workers from attending to work for a period of 48 hours or more immediately following the injuries. (A) Industrial injuries in Factories The Statistics collected under the Factories Act, 1948 relate to injuries resulting from industrial accidents, which caused death or prevented the injured workers from attending to work for a period of forty eight hours or more, immediately following the injury. The Labour Bureau receives data on injuries under the Factories Act, 1948 from the various States/UTs. During 2010 there were 1064 fatal and 10111 non fatal injuries. Details of Fatal & Non-fatal accidents occurred in last five years are as follows: Year 2007 2008 2009 2010 2011 No. of Factories 36221 39544 40906 42562 43261 No. of workers 1303548 1392764 1499731 1913480 2085938 Fatal Accident 213 218 217 225 183 Total Accident 3754 3312 3128 2765 2449 (B) Industrial injuries in Mines Statistics relating to injuries to persons employed in Mines are published in the annual report of the Directorate General of Mines Safety. Fatal & Serious Injuries and Frequency Rates in All Mines submitting Returns under the Mines Act, 1952 Year No. of accidents No. of Persons Rate per 1000 persons employed Fatal Serious Killed Seriously Death rate Serious Injured $ injury rate 1 2 3 4 5 6 7 2008 134 769 166 829 0.30 1.51 2009 119 730 137 764 0.25 1.38 2010 156 541 218 579 0.39 1.05 2011 116 572 124 607 0.22 1.10 $ Seriously injured from fatal accidents also included 134 (C) Railways There were 131 consequential train accidents in 2011-12 as compared to 139 (excluding 2 on Konkan Railway) in 2010-11. Train accidents per million train kilometres, an important index of safety, came down from 0.14 in 2010-11 to 0.12 in 2011-12. During 2011-12 there were 100 passengers killed and 586 injured in train accidents as against 235 passengers killed and 358 injured in 2010-11. Also, 17 railway employees killed and 19 injured during 2011-12 in train accidents as against 8 and 20 railway employees killed and injured respectively in 2010-11. (D) Ports and Docks According to Regulation 91 of the Dock Workers (Safety, Health and Welfare) Regulations, 1990, a reportable accident is one which either causes loss of life to a worker or disables him from work for more than 48 hours. However, a notice is required to be sent in all cases when a worker is disabled from work for the rest of the day or shift. According to the above Regulation, certain types of occurrences called dangerous occurrences are reportable within four hours of the occurrence irrespective of the fact whether any injury is caused or not. In cases of reportable accidents and dangerous occurrences the notice shall be confirmed within 72 hours of the occurrence by submitting written report to the Inspector in Form XII of the Dock Workers (Safety, Health and Welfare) Regulation 1990. During the year 2011, there were 94 reportable accidents in all the Ports and Docks out of which 23 were fatal. 3. INDUSTRIAL SAFETY Rapid increase in the use of sophisticated machinery and process plants in industry has made it possible to eliminate certain physically extracting jobs but at the same time it has made work in industry more risky. Workers‘ safety thus requires more attention. Proper precautionary measures along with the inculcation of safety consciousness among workers can go a long way in preventing industrial injuries. (A) FACTORY ADVICE SERVICE The Directorate General of Factory Advice Service & Labour Institutes, (DGFASLI) is an attached office of the Ministry of Labour & Employment, Government of India and serves as a technical arm to assist the Ministry in formulation of national policies on OSH in factories and ports. It is responsible for coordination and implementation of the measures under the Factories Act, 1948 by the State Governments and formulation of Model Rules there under. It is also concerned with the administration of the Dock Workers (Safety, Health and Welfare) Act, 1986 in respect of 12 major ports in the country. It undertakes research and consultancy studies in Industrial Safety, Occupational Health, Industrial Hygiene, Industry Psychology and Industrial Physiology, in addition to safety audits. It provides training to the Inspectors of Factories (Enforcement Authorities) and various target groups from the factories including statutory long duration courses for safety officers, factory medical officers and supervisors engaged in hazardous process industries. These activities are carried out at the headquarters located at Mumbai and five Labour Institutes at Mumbai, Chennai, Kolkata, Kanpur & Faridabad. It‘s headquarters has (i) Factory Advice Service Division and (ii) Dock Safety Division. The Central Labour Institute at Mumbai and Regional Labour Institutes at Chennai, Kanpur, and Kolkata are having professionals from various disciplines such as Engineering, Management, Hygiene, Occupational Health, Industrial Physiology, Ergonomics, Industrial Psychology, etc. These institutes have facilities for conducting research and consultancy studies in various areas of safety and health in an integrated manner and arrive at practical solutions to the problems. The Director General, DGFASLI is also Chief Inspector of Dock Safety under the Dock Workers (Safety, Health and Welfare) Act, 1986 in respect of major ports. Dock Safety 135 Inspectorates are established in all major ports. The Dock Safety Division at the headquarters coordinates with the Dock Safety Inspectorates regarding enforcement activities and also for bringing about amendments in statutes concerning dock work. DGFASLI assists the Ministry of Labour & Employment, Government of India in the operation of National Safety Awards, Vishwakarma Rashtriya Puraskar and Prime Ministers‘ Shram Awards. DGFASLI as a coordinating agency with the State Governments, the Ministry of Labour and as agency having interaction with the international bodies such as ILO, UNDP, WHO, etc. on the matters connected with the occupational safety and health in the manufacturing sector and the port sector has a very important role to play. Safety in Factories The Factories Act, 1948 is the principal legislation for regulating various aspects relating to safety, health and welfare of workers employed in factories. This Act is a Central Enactment, which aims at protecting workers employed in factories from industrial and occupational hazards. The State Governments and Union Territory Administration frame their Rules under the Act and enforce provisions of the Act and Rules through their Factory Inspectorates/ Directorates. The Ministry of Labour and Employment is accountable to the Parliament for proper enforcement of the Act. Uniformity in the application of the provisions of the Act in various States and Union Territories is achieved by circulating the Model Rules prepared by DGFASLI, which are incorporated by them in their State Factories rules with necessary modifications to suit local needs. In the task of framing the Model Rules, the DGFASLI, on behalf of the Ministry of Labour and Employment, enlists the cooperation and involvement of the State Government by convening annually a Conference of Chief Inspectors of Factories (CIF). The Conference discusses at matters relating to the administration of the Act as well as proposed amendments. Besides, the Conference also serves as a forum of discussion of the progress made in the techniques and methods of prevention of accidents and ill health in factories. The Model Rules are being upgraded in consultation with the CIFs. The 52nd Conference of Chief Inspectors of Factories was organized by the Directorate General Factory Advice Service & Labour Institutes, Mumbai and hosted by the Govt. of Gujarat at Jamnager during 23-25 May 2012. Studies and Surveys National Studies and Surveys are undertaken to ascertain status of working conditions and standards of safety in select group of industries and operations. State level Studies and Surveys are undertaken in the States in certain priority areas to ascertain status of Safety, Health and Environment at work place. The unit level consultancy studies are carried out at the request of the management and report are submitted for implementation of the recommendations for further improvements. Dock Safety The Dock Workers (Safety, Health and Welfare) Act, 1986 was enacted in 1987. The Dock Workers (Safety, Health and Welfare) Rules, 1989 and Regulations, 1990 were framed under this Act. The Act and Regulations cover the safety, health & welfare aspects of dock workers engaged in loading and unloading of cargo, including the work incidental to dock work. In addition, the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989, framed under the Environment (Protection) Act, 1986 are also enforced by DGFASLI in the major Ports of India through the Inspectorates of Dock Safety Safety Awards The DGFASLI on behalf of the Ministry of Labour and Employment has been implementing the Vishwakarma Rashtriya Puraskar (VRP) (earlier known as Shram Vir National 136 Awards) and National Safety Awards Scheme since 1965. These schemes were modified in 1971, 1978 1nd again in 2007. The schemes presently in operation are as follows: (i) Vishwakarma Rashtriya Puruskar : It is aimed at giving recognition at the national level to outstanding suggestions resulting in (i) higher productivity (ii) improvement in safety and working conditions (iii) savings in foreign exchange (import substitution as well as quality and safety of products) (iv) improvement in overall efficiency of the establishments. It covers workers employed in factories, docks, construction sites and nuclear installations. Applications for the awards under this scheme are invited every year and these are forwarded by the management on behalf of the workers. There are five Class A, eight Class B and fifteen Class C awards, each carrying cash prize of Rs.75,000/- Rs. 50,000 and Rs.25,000 respectively. (ii) National Safety Awards: National Safety awards are given in recognition of good safety performance on the part of the industrial establishments registered under the Factories Act, 1948, the employers covered under the Dock Worker (Safety, Health and Welfare) Act, 1986, and the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and installations under Atomic energy Regulatory Board (AERB). Shields and Certificates are awarded to Winners and Runners up. Schemes I to X are meant for factories, construction sites and nuclear installations under AERB and schemes XI and XIII are for ports. (B) SAFETY IN MINES Since mining has many inherent hazards detailed provisions have been laid down in the Mines Act, 1952 and Rules and Regulations framed there under to guard against dangers in mines. These provisions are enforced by the Directorate General of Mines Safety, Ministry of Labour & Employment. The DGMS located at Dhanbad also has the responsibility to see that the safety statute is kept updated to absorb technical advancements as well as to make the same comprehensive, practical and legally sound. Functions of the DGMS are inspection of mines, investigation of all fatal/serious accidents, operations, approval of mines safety equipments, appliances and material and conduct of examination for grant of statutory competency certificates, safety promotional incentives including organization of National Safety Awards (Mines), National Safety Conference and Safety Weeks and Campaigns. Under the Mines Act, 1952, the DGMS has been vested with the power to issue improvement notices and prohibitory orders to restrict of prohibit employment of persons in Mines or parts of Mines. (C) SAFETY IN RAILWAYS There were 131 consequential train accidents in 2011-12 as compared to 139 (excluding 2 on Konkan Railway) in 2010-11. Train accidents per million train kilometres, an important index of safety, came down from 0.14 in 2010-11 to 0.12 in 2011-12. Out of 131 accidents, 119 accidents were due to ‗Human Failure‘, 6 were due to sabotages and 2 accidents were due to incidental factors. Under safety measures various steps were taken by Indian Railways to prevent accidents. Safety Action Plans were continually executed to reduce accidents caused by human errors. A multi-pronged approach with focus on introduction of newer technologies, mechanization of maintenance, early detection of flaws, etc. to reduce human dependence in the first place, alongwith upgrading the skills of the human resources were the prime drivers for accident prevention. Periodical safety audits of different Divisions by multidisciplinary teams of Zonal Railways as well as inter-railway safety audits were conducted on regular basis. During 2011-12, 80 internal safety audits and 30 inter-railway safety audits were carried out. Training facilities for drivers, guards and staff connected with train operation have been upgraded. Disaster Management Modules have also been upgraded. During 2011-12, 98,891 safety category employees attended refresher training. 137 CHAPTER 8 LABOUR ADMINISTRATION Labour administration is defined by ILO Convention No.150 as ―Public administration activities in the field of national labour policy‖. In other words, Labour administration as a unit of public administration bears major responsibility in respect of policies concerning labour. Although popularly known as a unit of the national system for worker‘s welfare, labour administration is meant for promoting economic growth with social justice. It contains features that promote consensus in formatting, implementing and reviewing national policies and practices and ultimately achieve inclusive growth. It is an essential tool at the disposal of government in fulfilling their responsibilities towards social issues. Labour administration‘s effectiveness depends on a coherent national labour policy, coordinated system of competent bodies, adequate human, financial and other resources, integrated active participation of workers, employers and their respective organizations. It must embody the principles of good governance like credibility of the policies, transparency and accountability. The system of Labour administration covers all public bodies, responsible for and/or engaged in labour administration – whether ministerial departments or public agencies including parastatal and regional or local agencies or any other form of decentralized administration and any institutional frame work for the coordination of the activities of such bodies and for consultation with and participation by employees and workers and their organizations. Labour is a Concurrent subject under the Constitution of India and both the Central and State Governments are competent to enact legislations subject to certain matters being reserved for the Centre. The Ministry of Labour and Employment at the Centre is responsible for laying down the norms and standards on matters like industrial relations, employment, cooperation between labour and management, regulation of wages, conditions of work and safety, labour welfare, social security of workers, etc., which appear in the Union and Concurrent Lists of the 7 th Schedule of the Constitution of India. The implementation of labour policy is the responsibility of the State Governments except in the case of labour employed in Railways, Mines, Oil Fields, Banking and Insurance Companies having branches in more than one State, Major Ports and Central Government Undertakings where the Central Government retains the responsibility in respect of labour relations. The Central Government, however, coordinates the activities of the State Governments in labour matters and tenders advice, as and when necessary. To implement the legislative measures, administrative machinery exists both at Central and State levels. The functions of each machinery are separately discussed below: 1. CENTRAL MACHINERY Ministry of Labour and Employment, Government of India The Ministry is responsible for Labour policy (including wage policy) and legislation; Safety, health and welfare of labour; Social security of labour; Policy relating to special target groups such as women and child labour; Industrial relations and enforcement of labour laws in the Central Sphere; Adjudication of industrial disputes through Central Government Industrial Tribunals-cum-Labour Courts and National Industrial Tribunals; Workers‘ Education; Labour and Employment Statistics; Employment Services and Vocational Training; Administration of Central Labour & Employment Services; and 138 International Cooperation in Labour & Employment matters. The Ministry of Labour and Employment comprises Main Secretariat, four attached offices, ten subordinate offices, four autonomous Organisations, twenty two adjudicating bodies and one arbitration body. These are detailed below: I ATTACHED OFFICES II Directorate General, Employment and Training, New Delhi Office of the Chief Labour Commissioner (Central ), New Delhi Directorate General Factory Advice Service and Labour Institutes, Mumbai Labour Bureau, Shimla/ Chandigarh SUBORDINATE OFFICES III Directorate General, Mines Safety, Dhanbad Nine Offices of the Welfare Commissioners; Allahabad, Bangalore, Ajmer, Bhubaneshwar, Kolkata, Hyderabad, Jabalpur, Karma (Jharkhand) and Nagpur. AUTONOMOUS ORGANISATIONS IV Employees‘ State Insurance Corporation, New Delhi V.V.Giri National Labour Institute, Noida (U.P.) Central Board for Workers‘ Education, Nagpur Employees‘ Provident Fund Organisation, New Delhi ADJUDICATING BODIES Twenty two Central Industrial Tribunals-cum-Labour Courts have been set up under the provision of Industrial Disputes Act, 1947 for adjudication of the industrial disputes in organisations for which the Central Government is the appropriate Government. V ARBITRATION BODY Board of Arbitration (Joint Consultative Machinery), New Delhi. A brief description of the activities of the Ministry of Labour and Employment and its offices is given below: Ministry of Labour and Employment Main Secretariat The Secretariat of the Ministry is the centre for consideration of all issues/matters concerning labour as far as the Government of India is concerned. It is the Central Administrative Machinery for the formulation of labour policy, enforcement of labour laws and for the promotion of labour welfare. The subjects allotted to the Ministry under the Government of India (Allocation of Business) Rules are briefly described below: Part I. Union Subjects 1. In respect of Union Railways - Payment of wages, trade disputes, hours of work from employees not covered by the Factories Act, and regulation of employment of children. 2. In respect of Docks - Regulation of safety, health and welfare measures concerning dock labour. 3. Regulation of labour and safety in mines and oilfields. 139 Part II. Concurrent Subjects 4. Factories. 5. Welfare of Labour - Industrial, commercial and agricultural conditions of labour; provident funds, family pensions, gratuity, employers' liability and workmen's compensation; health and sickness insurance, including invalidity pensions, old age pensions, improvement of working conditions in factories; canteens in industrial undertakings. 6. Unemployment Insurance. 7. Trade Union; industrial and labour disputes. 8. Labour statistics. 9. Employment and unemployment except rural employment and unemployment. 10. Vocational and technical training of craftsmen. Part III. Additional Business for States of Himachal Pradesh, Manipur, Tripura and Union Territory of Delhi. 11. Items mentioned in Part II above. Part IV. Incidental Business with Respect to any of the Matters Mentioned in Parts I, II And III Above. 12. The implementing of treaties and agreements with other countries. 13. Jurisdiction and powers of all Central Government Industrial Tribunals/Labour Courts. Part V. Miscellaneous Business 14. Employment Exchanges. 15. Schemes for training of instructors, craftsmen, technicians, and foreman at supervisory level, both in India and abroad, apprentice training. 16. International Labour Organisation (ILO). 17. Tripartite Labour Conferences. 18. The War Injuries (Compensation Insurance) Act, 1943 (23 of 1943) and Scheme. 19. Administration of laws connected with safety and welfare in mines other than coal mines; organisations of the Chief Inspector of Mines and Mica Mines Welfare. 20. Administration of the Indian Dock Labourers Act, 1934 and the Regulations made thereunder and the Dock Workers (Safety, Health and Welfare) Scheme, 1961 framed under the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948). 21. Administration of the Tea Districts Emigrant Labour (Repeal) Act, 1970 (50 of 1970) and the Organisation of the Controller of Emigrant Labour. 22. ***** 23. Administration of the Minimum Wages Act, 1948 (11 of 1948). 24. Administration of the Employees' State Insurance Act, 1948 (34 of 1948), the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) and the Payment of Gratuity Act, 1972 (39 of 1972). 25. Administration of Labour Laws in central sphere undertakings. 26. Labour Statistics; Organisation of Director Labour Bureau. 27. Organisation of Chief Labour Commissioner and Constitution and administration of Central Government Industrial Tribunal, Central Government Labour Courts, National Industrial Tribunal. 140 28. Organisation of Chief Advisor Factories, Staff Training Division, including Central Labour Institute, Productivity and Training Within Industry Centres and Regional Museums of Safety, Health and Welfare. 29. Plantation Labour and administration of the Plantations Labour Act, 1951 (69 of 1951). 30. Recruitment, posting, transfer and training of Central Government Labour Officers. 31. Administration of the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955). 32. Schemes regarding workers' education. 33. Schemes regarding workers' participation in management. 34. Discipline in industry. 35. Constitution of Wage Boards for individual industries. 36. Regulation of working condition of motor transport workers. 37. Evaluation of the implementation of Labour Laws in the country. 38. Administration of laws relating to the working conditions and welfare of cinema workers and cinema theatre workers. 39. Prime Minister Shram Awards, National Safety Awards (for Mines and Factories), Rashtriya Viswakarma Puraskar. 40. The Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996) and the Building and other Construction Workers Welfare Cess Act, 1996 (28 of 1996). 41. Sales Promotion Employees (conditions of Service) Act, 1976 (11 of 1976). Directorate General of Employment and Training (DGE&T) The DGE&T is responsible for laying down the policies, standards, norms and guidelines in the area of vocational training throughout the country and also for coordinating employment services. The main activities of the DGE&T are given in Chapter 1, Sections 2 and 3. Chief Labour Commissioner (Central) The Organisation of the Chief Labour Commissioner (Central), or the Central Industrial Relations Machinery (CIRM) as it is often referred to, performs various functions which, inter-alia, include prevention and settlement of industrial disputes in industries, in respect of which the Central Government is the ‗appropriate Government‘ under the Industrial Disputes Act, 1947; implementation of the settlements and tribunal awards in the Central Sphere as also the recommendations of the Central Wage Board; administration of various labour laws to the extent which their administration is a Central responsibility; verification of membership of unions affiliated to Central Trade Union Organization of Workers and those operating in the nationalized banks and the State Bank of India and its associated banks, Ports and Docks and under Code of Discipline for the purpose of according representations in conferences/ committees/ ILO and of unions to determine the representative character for recognition under Code of Discipline of the Union. It also undertakes investigation into breaches of Code of Discipline. The Chief Labour Commissioner (Central) is also responsible for the enforcement of labour laws, such as the Payment of Wages Act, 1936, the Child Labour (Prohibition and Regulation) Act, 1986; the Industrial Employment (Standing Orders) Act, 1946; the Industrial Disputes Act, 1947; the Minimum Wages Act, 1948; the Dock Workers (Regulation of Employment) Act, 1948; the Maternity Benefit Act, 1961 in the Circus Industry; Hours of Employment Regulation framed under the Railways Act, 1890; the Payment of Bonus Act, 1965; the Contract Labour (Regulation and Abolition) Act, 1970; the Payment of Gratuity Act, 1972; the Equal Remuneration Act,1976 and the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act,1979 in their application to establishments falling in the Central Sphere. Besides, the C.L.C. (C) is also the implementing authority for Fair Wage Clause and MES Contract Labour Regulations. The CLC also strives to simplify labour laws capable of protecting the interest of social partners and economy, as also to 141 secure social security measures for workmen in unorganized sector through umbrella legislation. It also maintained a data bank at the national level relating to industrial relations, administration and enforcement of labour laws with facilities of continuous updating through computer network across the country. The Chief Labour Commissioner (Central) is the head of the Central Industrial Relations Machinery. CIRM has a complement of 34 officers at the Head Quarters and 233 Officers in the field. The offices of these Officers are spread over different parts of the country with zonal, regional and unit level formations. Directorate General of Factory Advice Service and Labour Institutes Functions and activities of this organisation have been described in Section 3(A) of Chapter 7. Labour Bureau Until the Second World War, labour statistics were being collected on an ad-hoc basis, mostly as byproducts of administration. It was the inflationary pressure during the early period of the Second World War, which gave rise to demands of workers for compensation in their wages. The Government of India, therefore, decided to set up the Rau Court of Enquiry in 1940 under the Trade Disputes Act (1929) to recommend statistical machinery for measuring movement in prices. The Rau Court of Enquiry recommended compilation and maintenance of cost of living index numbers for measuring the rate of compensation to the workers for the rise in cost of living. This recommendation led to the setting up of the Directorate of Cost of Living at Shimla in 1941. The need for more comprehensive labour statistics in the context of formulation of labour policy was also felt thereafter and it was in this perspective that the Labour Bureau was set up in October 1946 by rechristening the Directorate of Cost of Living with added functions. Organisation The two main wings of the Labour Bureau are at Chandigarh and at Shimla. It has four Regional Offices, one each at Ahmedabad, Kanpur, Kolkata and Chennai with a Sub-Regional Office in Mumbai. The organisation is headed by Director General, a Senior Administrative Grade Officer from the Indian Economic Service (IES) and assisted by a team of dedicated professionals from the Indian Economic Service and the Indian Statistical Service. The work relating to different aspects of Labour Statistics is attended to by its offices in Chandigarh and Shimla. The Regional Offices mainly attend to the work of price audit so as to ensure collection of reliable price data used for constructing the Consumer Price Index Numbers for Industrial Workers. Training programs aimed at improving the quality of data sent by Govt. agencies under the various Labour enactments are also organised by the Regional Offices. Functions The main functions of the Bureau are broadly categorised under the following six groups: 1. 2. 3. 4. 5. 6. Construction and maintenance of Index Numbers; Conducts surveys and studies on various categories and on various facets of labour; Collection of data through a number of statutory and voluntary returns; Bringing out publications; Imparting training, and Other activities. Index Numbers: - Labour Bureau compiles following index numbers:(a) CPI (IW) 2001=100 for factories, mines, plantations, railways, motor transport, electricity and ports and dock workers at 78 centres spread throughout the length and breadth of the country. 142 (b) CPI (AL/RL) 1986-87=100 is being compiled for 20 States. Efforts are being made to up-date the weighting diagram. (c) Retail Price Indices of 31 essential commodities for both rural and urban centres separately. (d) Wage Rate Index (1963-65=100) for 21 industries. Surveys and Studies Surveys and studies conducted by the Bureau provide a reliable data base on working and living conditions of industrial and agricultural workers. The on-going projects of the Labour Bureau are: 1. 2. 3. 4. 5. Working Class Family Income and Expenditure Survey (WCFIES); Rural Labour Enquiry; Occupational Wage Survey; Annual Survey of Industries; Socio-economic Survey of workers in (a) un-organised sector of industries (b) SC/ST workers (c) women workers and (d) evaluation of minimum wages under the Minimum Wages Act, 1948 6. Employment-Unemployment Survey 7. Quick Employment Survey Collection of Data Labour Bureau also collects data on various facets of labour through statutory and voluntary returns. Publications Labour Bureau brings out the following publications regularly:1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Indian Labour Journal-Monthly Indian Labour Year Book-Annual Indian labour Statistics-Annual Pocket Book of Labour Statistics (Bi-lingual)-Annual Statistics of Factories-Annual Report on the working of Minimum Wages Act, 1948-Annual Trade Unions in India-Biennial Review of Industrial Disputes in India-Annual Labour Statistics under the A.S.I.-Annual Statistics on Closure, Retrenchment and Lay-Offs-Annual Annual Report on Consumer Price Index Nos. for Industrial Workers. Annual Report on Consumer Price Index Nos. for Agriculture and Rural Labourers Wage Rates in Rural India Report/Review on working of various Labour Acts. In addition to these regular publications, Labour Bureau also brings out a number of other reports on the basis of the data thrown up by the various surveys and studies conducted by it and other agencies. Training Apart from the regular training programmes being organised for (i) Price Collectors and Price Supervisors from various States and Union Territories; (ii) senior officers dealing with labour statistics collected under various labour laws, and (iii) the primary units furnishing the returns, Labour Bureau also imparts training to (a) IES/ISS probationers deputed by their respective CCAs; (b) foreign participants of I.S.E.C, Kolkata, sponsored by the C.S.O, and (c) other various participants. 143 Other Activities 1. 2. 3. Labour Bureau provides guidance with respect to conduct and compilation of Index Numbers to the various State Governments/ UT Administrations. It has in-house printing facilities, both at Shimla and Chandigarh. Its Research Unit brings out two important publications viz. (i) Statistical Profile of Women Labour, and (ii) Digest of Indian Labour Research. Labour Bureau is the competent authority (Notification No. LWI-24 (3) dated 24th October, 1949) under the Minimum Wages Act, 1948 to ascertain, from time to time, the Consumer Price Index Numbers applicable to employees employed in the Scheduled employments in respect of all undertakings in the Central Sphere and the Union Territories. With a view to improving the quality and uniformity of the labour statistics collected by various States and Central authorities, the Bureau maintains liaison with the concerned agencies. Directorate General of Mines Safety (DGMS) Directorate General of Mines Safety is entrusted with enforcement of provisions of the Mines Act, 1952 and the Rules and Regulations framed thereunder. The provisions of the Indian Electricity Act, 1910 as applicable to mines and oil fields are also enforced by it, The DGMS with its headquarters at Dhanbad and Zonal, Regional and Sub-regional offices spread over the mining areas is responsible for inspection of mines, investigation into all fatal accidents and certain serious accidents and dangerous occurrences and make recommendations for remedial measures to prevent recurrence of similar mishaps. With a view to ensuring enforcement of necessary safety measures in mines, inspections and enquiries are carried out by the inspecting officers. DGMS has been vested with powers to issue improvement notices and prohibitory orders to restrict or prohibit employment of persons in mines or part of mines in cases where such employment is considered as dangerous. It issues circulars to the mining industry on occupational safety and health matters. To ensure that only competent persons are appointed as mine managers, surveyors, overmen, foremen, etc., the Board of Mining under the Chairmanship of Director General of Mines Safety periodically conducts examinations and issues certificates of competency. Offices of Welfare Commissioners The nine offices of the Welfare Commissioners are responsible for providing welfare services to the workers employed in mica, limestone and dolomite, iron ore, manganese and chrome ore mines and in the beedi and cinema industries. These offices are located at Allahabad, Bangalore, Ajmer, Bhubaneshwar, Kolkata, Hyderabad, Jabalpur, Karma (Jharkhand) and Nagpur. Central Government Industrial Tribunal-cum-Labour Courts (CGITs) There are Twenty-two Central Government Industrial Tribunal-cum-Labour Courts dealing with industrial disputes in the Central Sphere. Of these, two each are located at Dhanbad, Mumbai, New Delhi and Chandigarh and one each at Kolkata, Jabalpur, Kanpur, Nagpur, Lucknow, Bangalore, Jaipur, Chennai, Hyderabad, Bhubaneswar, Ahmedabad, Ernakulam, Asansol and Guwahati. The services of the State Tribunals are also utilized by the Central Government where no CGIT-cum Labour Court is in existence. Office of the Chairman, Board of Arbitration The Scheme of Joint Consultative Machinery and Compulsory Arbitration was introduced by the Ministry of Labour in 1966 for resolving differences between the Government as an employer and the general body of its employees. The Scheme provides for compulsory arbitration on pay and allowances, weekly hours of work and leave of a class or grade of employees. The Board of Arbitration (JCM) set up under the scheme in 1968 consists of a Chairman and two other members. The Chairman is a full-time functionary. The Ministry of Labour and Employment appoints the other members at the time of referring the dispute to the Board of Arbitration out of a panel of members both from the staff side as well as from the official side maintained by it. 144 National Safety Council The National Safety Council (NSC), set up by the Ministry of Labour and Employment on 4th March, 1966 is an independent, non-profit making and autonomous society. The management and control of affairs of the Council are vested in the tripartite Board of Governors. The National Safety Council generates, develops and sustains a voluntary movement of safety, health and environment at the national level. To achieve this objective, the council conducts a variety of educational, training, promotional and consultancy activities. These activities include specialized public training courses, seminars and conferences on Industrial safety and health. Further, the council conducts safety consultancy services, safety audits and technical advice-cum-information services. Central Board for Workers’ Education The Central Board for Workers‘ Education, sponsored by the Ministry of Labour and Employment, Government of India, is a tripartite society established in 1958 to undertake workers‘ education activities. The Board comprises of the Representatives of Central Organisation of Workers, Central Organisations of Employers, Central and State Governments, University Grants Commission and Indian Adult Education Association. The Headquarters of the Board is located at Nagpur. The Board has set up an apex level Training Institute at Mumbai known as Indian Institute of Workers‘ Education in 1970 to conduct national level training programmes. It operates through 50 Regional Directorates and 9 Sub Regional Directorates. The Board has six Zonal Directorates at Delhi, Guwahati, Kolkata, Mumbai, Chennai and Bhopal to monitor and supervise the activities of the Regional Centers in their respective zones. V. V. Giri National Labour Institute The V.V.Giri National Labour Institute (NLI) aims at undertaking, promoting and coordinating research on labour issues. The General Council, the apex governing body of the Institute, with Union Labour and Employment Minister as its President, lays down the broad policy parameters for the functioning of the Institute. The Executive Council with Secretary (Labour and Employment) as Chairman monitors and guides the activities of the Institute. Both the General Council and Executive Council are tripartite in nature and consists of members representing the government, trade union federation, employers‘ associations and also eminent scholars and practitioners in the field of labour. Director General of the Institute is the Principal Executive and is responsible for management and administration. Director is aided in the day to day functioning by a faculty consisting of professionals representing a wide range of disciplines and supported by administrative staff. The Institute's vision, mission and mandate place Research at the forefront of core activities, and it occupies a primary place in the activities of the Institute. The subject of research comprises a broad spectrum of labour related issues and problems in both the organized and the organized sectors. While deciding the topics of research, care is taken to identify subjects and issues of topical concern and relevance to policy formulation. The Institute continues to place great emphasis on the problems and issues of labour in unorganized and organised sectors in general and the more disadvantaged among these such child labour, women labour and rural labour in particular. Research activities also explore the basic needs of different groups of trainees such as trade union leaders and organizers in both organized and unorganized sectors, managers of public and private sectors, labour administrators and volunteers of non-governmental organizations. Employees’ Provident Fund Schemes The Employees‘ Provident Funds and Miscellaneous Provisions Act, 1952 provides for contributory provident fund, family pension and deposit linked insurance schemes. All the three schemes, namely the Employees‘ Provident Funds Scheme, 1952; the Employees‘ Deposit Linked Insurance Scheme, 1976 and the Employees‘ Pension Scheme, 1995 are administered by the Central Board of Trustees which is a Tripartite body. The Central Provident Fund Commissioner is the Chief Executive Officer of the Organisation and is exofficio member of the Board. 145 Employees’ State Insurance Corporation The ESI Corporation is responsible for implementation of the Employees State Insurance Act 1948, which provides for medical care and treatment to insured persons and their families. Assistance is given in terms of benefits during sickness and maternity, compensation for employment related injury, pensions for dependents on the death of workers due to employment related injury, etc. 2. STATE MACHINERY All the States and Union Territories have set up organisations for the administration and enforcement of the various labour laws which are in force within their territories and for the collection, compilation and dissemination of statistical and other information relating to labour. All of them have appointed labour commissioners for the purposes of administration of labour laws and welfare activities in their respective areas. All States have appointed Chief Inspectors of Factories and Chief Inspectors of Boilers to administer the Factories Act, 1948 and the Indian Boilers Act, 1923 respectively. Commissioners for workmen‘s compensation under the Workmen‘s Compensation Act, 1923 and Registrars of Trade Unions under the Trade Unions Act, 1926 have also been appointed in all the States. The Labour Commissioner often combines the functions of various officers enumerated above. In certain States, special machinery has been set up for the collection of labour statistics while in others the above authorities are performing these duties as well. Competent authorities have been appointed by various State Governments under the Minimum Wages Act, 1948 to ascertain from time to time fixation and revision of minimum wages for persons covered by the scheduled employments. Labour Bureau is the competent authority in respect of the Union Territories and Central Sphere undertakings. Apart from the statistics and information collected on statutory basis, ad-hoc enquiries are conducted by some of the State Governments for collection of special data relating to particular problems of current interest. The results are published in the form of annual reviews or in the journals published by the State Governments. 146 CHAPTER 9 LABOUR LEGISLATION The term Labour Legislation is used to cover all the laws which have been enacted to deal with the employment and non-employment wages, working conditions, industrial relations, social security and welfare of persons employed in industries. In a planned economy like ours, organized industry calls for the spirit of cooperation and mutual dependence for attaining the common purpose of greater, better and cheaper production. Since this has not been happening willingly, the need for State intervention becomes essential so as to protect workers against oppression, enforce social insurance and labour welfare schemes as individual worker is economically weak and has little bargaining power. Keeping in view the dark reality on the ground, the framers of the Indian Constitution, in their wisdom had, therefore, rightly placed the subject of labour in the Concurrent List so that the Union of India as well as the State Governments could administer all the matters relating to the subject of labour. The Legislatures, both at the Central and States level, are responsible for carrying out the welfare of the labour. The objectives of Labour Legislation are two-fold viz., (1) to improve the service conditions of industrial labour so as to provide for them the ordinary amenities of life and by that process (2) bring about industrial peace which could in its turn accelerate productive activity of the country resulting in its prosperity. This chapter gives a brief description of salient features of some important labour laws and amendments carried thereto. 1. FACTORIES The Factories Act, 1948 The main objective of the Act is to ensure adequate health, safety and welfare measures of the workers employed in factories. The Act extends to whole of India and applies to all establishments employing 10 or more workers where power is used and to establishments employing 20 or more workers where power is not used. The State Governments are, however, empowered to apply the provisions of the Act to any premises, irrespective of the employment therein, where manufacturing process is carried on with or without the aid of power except where the work is done by the worker solely with the help of the members of his family. For the purpose of enforcement of various provisions of the Act, the State Governments appoint persons with the prescribed qualifications as Inspector/Certifying Surgeons in respect of the local limits assigned to each of them. In addition every District Magistrate is the Inspector for his district. The Inspector possesses wide powers such as those relating to entry into the factory, inspection of premises, plant and machinery, making on the spot enquiries requiring production of documents, etc., for effective enforcement of the Act. The duties of the Certifying Surgeons are to examine young persons, etc., engaged in hazardous occupations or processes and to conduct periodical examination of all persons engaged in hazardous occupations in factories and to exercise general medical supervision. Uniformity in the administration of the Act in various states is sought to be achieved through the Model Rules framed under the relevant provisions of the Act by the Directorate General of Factory Advice Service and Labour Institutes (DGFASLI), which is an attached office of the Ministry of Labour and Employment, Government of India. In the task of framing the Model rules and achieving uniformity in the standards of enforcement, the DGFASLI, on behalf of the Ministry of Labour and Employment, enlists the co-operation and involvement of the State Governments by convening annually a Conference of the Chief Enforcement Authorities of the State Governments under the Factories Act to discuss all matters relating to the administration of the Act as well as amendments to the provisions, if any, under the Act and the Rules. Significant amendments were carried out to the provisions of the Act during 1954 and 1976. 147 During the year 1987 the Act was further amended under the title ―Factories (Amendment) Act, 1987‖. Besides amendments in various Sections of the Principal Act, the amending Act omitted Section 100 of the Principal Act, inserted Sections 7A, 7B, 87A, 96A, 104A, 106A, 111A and 118A, substituted Sections 36 and 38 by new sections, inserted a new Chapter IV-A as well as two new schedules. Section 70 has been amended so that no female adolescent or a male adolescent, who has not attained the age of 17 years but has been granted a certificate of fitness to work as an adult, shall be required or allowed to work in any factory except between 6 A.M. and 7 P.M. The State Government may vary the limits but not so as to allow to work between 10 P.M. and 5 A.M. for any female adolescent. These provisions are not applicable in cases of serious emergency where national interest is involved. No female child shall be allowed to work in any factory except between 8.A. M. and 7 P. M. The Factories (Amendment) Bill, 2003 was introduced in the Lok Sabha on 29th July, 2003. It proposed to amend section 66 of the Factories Act, 1948 so as to provide flexibility in the matter of employment of women during night with adequate safeguards for their safety, dignity, honour and transportation from the factory premises to the nearest point of their residence. The Bill was referred to the Parliamentary Standing Committee on Labour & Welfare for examination. The committee in its report had approved the amendment in the Factories Act, 1948 provided the government took some extra safeguards, in addition to the safeguards already available under the provision to Section 66. However, due to dissolution of 13th Lok Sabha the Bill lapsed. Subsequently, the Factories (Amendment) Bill, 2005 has been introduced in the Lok Sabha on 16th August, 2005. Some official amendments have been introduced to the Factories (Amendment) Bill, 2005 in order to providing for adequate safeguards, such as provision of shelters, rest-rooms, lunch-rooms, night crèches, ladies toilets, adequate protection of women worker‘s dignity, honour, safety protection from sexual harassment and transportation from the factory premises to the nearest point of their residence. Provision for consultation with and obtaining the consent of the women worker, their representative Organisation, the employer, their representatives and representative organizations of workers of the concerned factory has also been made. Inspections Table 9.01 (A) and 9.01 (B) shows the number of factories on register, number of factories inspected and percentage of factories inspected to the number of factories registered in various States/Union Territories during the year 2009 & 2010 respectively. 148 Table 9.01 (A) Number of Factories on Register, Number of Factories Inspected and Percentage of Factories Inspected to Factories Registered in various States/ Union Territories during the year 2009 Sl. State/Union No. of Factories on Register No. of Factories % of Factories Inspected to No. Territory at the end of the year Inspected Factories Registered 1 2 3 4 5 1 Andhra Pradesh 43175 4975 11.52 2 Assam 3946 655 16.60 3 Bihar 7000 2411 34.44 4 Goa 720 82 11.38 5 Haryana 10378 1482 14.28 6 Maharashtra 40969 .. .. 7 Manipur 944 189 20.02 8 Meghalaya 130 16 12.31 9 Odhisha 3192 1926 60.34 10 Punjab 17618 680 3.86 11 Rajasthan 11600 5619 48.44 12 Tripura 1626 1313 80.75 13 Uttarakhand 2410 190 7.88 14 Uttar Pradesh .. .. .. 15 A&N Islands 42 15 35.71 16 Chandigarh 472 17 Delhi 8525 .. .. Total 152747 19585 12.82 Sl. No. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 N. B. Table 9.01 (B) Number of Factories on Register, Number of Factories Inspected and Percentage of Factories Inspected to Factories Registered in various States/ Union Territories during the year 2010 State/Union No. of Factories on Register No. of Factories % of factories Inspected to Territory at the end of the year Inspected Factories Registered 2 3 4 5 Andhra Pradesh 44783 7185 16.04 Assam 3946 713 18.07 Bihar 7822 2336 29.86 Chhattisgarh 4010 579 14.44 Goa 713 53 7.43 Gujarat 36179 12220 33.78 Haryana 10618 2692 25.35 Jharkhand 11608 8932 76.95 Kerala 20715 .. .. Maharashtra 42001 .. .. Manipur 975 192 19.69 Meghalaya 137 34 24.82 Nagaland 555 152 27.39 Odhisha 3323 2380 16.22 Punjab 17748 2089 11.77 Rajasthan 11921 5755 48.28 Tamil Nadu 38910 27288 70.13 Tripura 1747 1121 64.17 West Bengal 15498 Chandigarh 472 6 1.27 Puducherry 2784 1714 61.57 Total 276465 75441 27.29 Source: Annual Returns under the Factories Act, 1948 (i) The Factories Act, 1948 is not applicable in four States/U.Ts. namely Arunachal Pradesh, Lakshdweep, Mizoram and Sikkim. (ii) Information is not received from the remaining States/Union Territories (iii) .. = Not available (iv) - Nil 149 Convictions Details of Offences committed and number of convictions obtained by the Inspectorate staff for offences under the Act in the various States/ Union Territories during the year 2009 & 2010 are given in Table 9.02 (A) and 9.02 (B) respectively. Table 9.02(A) Convictions obtained during the year 2009 for offences under the Factories Act, 1948. Sl. No. State/Union Territory 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 2 Andhra Pradesh Assam Bihar Goa Haryana Maharashtra Manipur Meghalaya Odhisha Punjab Rajasthan Tripura Uttarakhand Uttar Pradesh A&N Islands Chandigarh Delhi Total No. of Convictions obtained for offences relating to Employment and Hours of Work 3 156 3716 5 .. .. .. .. 32 28 .. 2 .. 3939 Notices, Registers and Returns 4 96 67 .. .. .. .. 167 7 8 .. .. 345 Safety Provisions 5 170 11 3 .. .. .. .. 27 33 9 .. .. 253 Health Sanitation including Welfare 6 60 9 1 .. .. .. .. 28 4 8 .. .. 110 Others 7 250 6 .. .. .. .. 8 29 .. .. 293 Total Convictions 8 732 3803 15 .. .. .. .. 21 262 101 25 .. 2 .. 4961 Table 9.02(B) Convictions obtained during the year 2010 for offences under the Factories Act, 1948. Sl. No. State/Union Territory 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 Andhra Pradesh Assam Bihar Chhattisgarh Goa Gujarat Haryana Jharkhand Kerala Maharashtra Manipur Meghalaya Nagaland Odhisha Punjab Rajasthan Tamil Nadu Tripura West Bengal Chandigarh Puducherry Total N. B. No. of Convictions obtained for offences relating to Employment Notices, Safety Health and Hours of Registers Provisions Sanitation Work and including Returns Welfare 3 4 5 6 .. .. .. .. 11602 61 15 10 14 52 49 11 3 1 2 327 23 112 6 .. .. .. .. .. .. .. .. .. .. .. .. 15 1107 35 65 43 24 25 26 13 115 674 1099 81 3 12 7 .. .. .. .. 5 13192 873 1399 173 Others Total Convictions 7 8 .. 50 343 .. .. .. 37 2752 .. 3 3185 .. 11688 176 6 811 .. .. .. 15 1250 125 4721 22 .. 8 18822 Source: Annual Returns under the Factories Act, 1948 (i) The Factories Act, 1948 is not applicable in four States/U.Ts. namely Arunachal Pradesh, Lakshdweep, Mizoram and Sikkim. (ii) Information is not received from the remaining States/Union Territories (iii) .. = Not available (iv) - Nil 150 2. MINES The Mines Act, 1952 The Mines Act, 1952 extends to the whole of India. It aims at providing for safe and proper working conditions in mines and certain amenities to the workers employed therein. The Act prescribes the duties of the owner to manage mines and mining operation and the health and safety in mines. It also prescribes the number of working hours in mines, the minimum wage rates, and other related matters. The Act is administered by the Ministry of Labour and Employment through the Directorate General of Mines Safety (DGMS). DGMS conducts inspections and inquiries, issues competency tests for the purpose of appointment to various posts in the mines, organises seminars/conferences on various aspects of safety of workers. The mission of DGMS is to reduce the risk of occupational diseases and injury to persons employed in mines and to continually improve safety and health standards, practices and performance in the mining industry. Table 9.03 presents the number of inspections and inquiries carried out during the years 1998 to 2011. Year Table 9.03 Year-wise Number of Inspections and Inquiries No. of Inspections No. of Inquiries Metal Oil Total Coal Metal Oil 3 4 5 6 7 8 Total 9 Grand Total 10 1 Coal 2 1998 4752 2539 166 7457 1127 398 29 1554 9011 1999 6106 3061 198 9365 1319 483 26 1828 11193 2000 5642 3614 245 9501 1163 325 26 1514 11015 2001 5410 2908 229 8547 1148 418 51 1617 10164 2002 5667 2856 269 8792 1022 402 30 1454 10246 2003 5574 3247 246 9067 966 427 13 1406 10473 2004 5214 2983 228 8425 834 436 08 1278 9703 2005 5247 3107 295 8649 933 372 30 1335 9984 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 3732 3375 332 7439 1004 430 50 1484 8923 2011 3452 3681 283 7416 726 434 78 1306 8722 Source: Annual Report of the Ministry of Labour & Employment, 2012-13 151 3. PLANTATIONS The Plantations Labour Act, 1951 The Plantations Labour Act was enacted in 1951 to secure welfare of labour in plantations and to prevent their exploitations by regulating their conditions of work. The Act applies to the whole of India except the State of Jammu and Kashmir. The Act was first amended in 1960 to enable the State Governments to extend all or any of the provisions of the Act to any land used or intended to be used for growing any plantation even if it measured less than 10.117 hectares and employment is less than 30 persons. It was again amended in 1981 to extend the provisions of the Act to such land, which was used or intended to be used for growing tea, coffee, rubber, cinchona, cocoa, oil palm and cardamom which measure 5 hectares or more and employed 15 or more persons on any day of the preceding 12 months. The Act has been amended further in 2010 to change the definition of ‗employer‘, ‗family‘ and ‗worker‘ and to add a new chapter to provide safety and avoid risk. The amendment was notified on 18.05.2010 and made effective from 1.06.2010. The enforcement of the Act is the responsibility of the respective State Governments, which may appoint a Chief Inspector of Plantations together with such ancillary staff as may be needed. The average daily employment in various plantations by States and by Sex has been shown in Table 9.04 (a) and 9.04 (b) whereas the number of inspections made, prosecutions launched and convictions obtained are presented in Table 9.05 (a) and 9.05 (b). Table 9.04 (a) Plantation-wise Average Daily Employment in different States/Union Territories during 2009 Sl. No State/Union Territory Plantations Number of Plantations submitted returns 1. 2. 3. 4. Average Daily Employment Men Women Total 5. 6. 7. Percentage of women workers employed 8. 1. Assam Tea 644 2,17,091 2,31,956 4,49,047 52 2. Himachal Pradesh Karnataka Tea 14 76 97 173 56 6 249 97 352 70 84 122 76 4 22 378 230 294 37 10 571 870 4,636 926 6,432 17,688 668 6,357 578 484 562 26,337 14,803 2,125 2,010 35 18,973 1,199 7,678 1,228 10,105 21,425 923 3,812 984 203 635 27,982 26,082 3,945 937 48 31,012 2,069 12,314 2,154 16,537 39,113 1,591 10,169 1,562 687 1,197 54,319 40,885 6,070 2,947 83 49,985 58 62 57 61 55 58 37 63 30 53 52 64 65 32 58 62 3. 4. Kerala 5. Tamil Nadu Tea Coffee Rubber Cardamom Total Tea Coffee Rubber Cardamom Cocoa Palm Oil Other Mixed Total Tea Coffee Rubber Cardamom Total 152 Sl. No State/Union Territory Plantations 6. Tripura Tea Rubber Total Tea 7. Uttarakhand 8. West Bengal Tea Cinchona Total 9. A & N Islands Total All-India Rubber Tea Coffee Rubber Cardamom Palm Oil Cinchona Other Mixed All Plantations Number of Plantations submitted returns 30 32 62 7 Average Daily Employment Men Women Total Percentage of women workers employed 67 48 61 69 2,802 2,035 4,837 263 5,573 1,869 7,442 585 8,375 3,904 12,279 848 212 2 214 82,351 1,011 83,362 97,454 722 98,176 1,79,805 1,733 1,81,538 54 42 54 3 1,213 627 291 86 4 2 22 2,245 272 3,35,944 7,429 11,600 613 484 1,011 562 3,57,643 88 3,84,371 12,546 7,934 1,032 203 722 635 4,07443 360 7,20,315 19,975 19,534 1,645 687 1,733 1,197 7,65,086 24 53 63 41 63 30 42 53 53 Table 9.04 (b) Plantation-wise Average Daily Employment in different States/Union Territories during 2010 Sl. No State/Union Territory Plantations Number of Plantations submitted returns 1. 2. 3. 4. Average Daily Employment Men Women Total 5. 6. 7. Percentage of women workers employed 8. 1. Assam Tea 608 1,89,512 2,26,857 4,16,369 54 2. Tea 14 69 129 198 65 3. Himachal Pradesh Karnataka 4. Kerala 5. Tripura 9 233 101 343 77 85 167 75 4 26 434 35 25 60 587 4,378 789 5,754 18,288 683 6,395 580 484 574 27,004 3,710 1,875 5,585 748 6,926 1,067 8,741 21,650 929 3,819 972 202 661 28,233 5,697 1,065 6,762 1,335 11,304 1,856 14,495 39,938 1,612 10,214 1,552 686 1,235 55,237 9,407 2,940 12,347 56 61 57 60 54 58 37 63 29 54 51 61 36 55 Tea Coffee Rubber Cardamom Total Tea Coffee Rubber Cardamom Cocoa Palm Oil Other Mixed Total Tea Rubber Total 153 Sl. No State/Union Territory 6. West Bengal 7. A & N Islands Total All-India - = All Plantations Nil Plantations Number of Average Daily Employment Percentage Plantations of women Men Women Total submitted workers returns employed Tea 191 73,043 89,705 1,62,748 55 Cinchona 2 980 773 1,753 44 Total 193 74,023 90,478 1,64,501 55 Rubber 3 272 88 360 24 Tea 934 2,85,209 3,44,786 6,29,995 55 Coffee 318 5,061 7,855 12,916 61 Rubber 296 9,331 6,039 15,370 39 Cardamom 75 580 972 1,552 63 Palm Oil 4 484 202 686 29 Cinchona 2 980 773 1,753 44 Other Mixed 26 574 661 1,235 54 1,655 3,02,219 3,61,288 6,63,507 54 Source: Annual Returns/Reports under the Plantations Labour Act, 1951. Table 9.05 (a) State-Wise Number of Inspections Made, Prosecutions Launched and Convictions Obtained in Various Plantations during 2009 under Plantations Labour Act, 1951 State/Union Territory 1 Number of inspections made 2 Number of prosecutions launched 3 Number of convictions obtained 4 Amount of fine realised (in Rs.) 5 1,135 39 - - 5 - - - Karnataka 213 - - - Kerala 622 16 5 8,500 Tamil Nadu 784 475 26 8,650 Tripura - - - - Uttrakhand - - - - West Bengal 59 332 55 27,500 A & N Islands .. .. .. .. 2,818 862 86 44,650 Assam Himachal Pradesh Total 154 Table 9.05 (b) State-Wise Number of Inspections Made, Prosecutions Launched and Convictions Obtained in Various Plantations during 2010 under Plantations Labour Act, 1951 State/Union Territory 1 Number of inspections made 2 Number of prosecutions launched 3 Number of convictions obtained 4 Amount of fine realised (in Rs.) 5 1140 32 - - 7 1 - - Karnataka 360 2 - - Kerala 672 13 2 2,100 Tripura - - - - West Bengal 53 363 37 18,500 A & N Islands .. .. .. .. 2,232 411 39 20,600 Assam Himachal Pradesh Total - = Nil .. = Information not received 4. TRANSPORT (a) The Railways Act, 1989 The Railways Act, 1989 replaced the earlier Act of 1890. Each section of the centuries old Act had been reviewed, redundant sections deleted, new sections added and existing sections amended as necessary. The Railways Act, 1989 was introduced in Lok Sabha in 1986. The bill was referred to a Joint Select Committee of both houses. The Railways Bill 1989 after passing by both houses became an Act on July 1, 1990. The act contains provisions regarding Railway Administration, Commissioners of Railway Safety, Construction and Maintenance of Work, Opening of Railways, Railway Rates Tribunal, Carriage of Passengers, Carriage of goods, Responsibilities of Railway Administration as Carriers, Accidents, Liability of Railway Administration for Death and injury to passengers due to accidents, Regulation of hours of work and period of rest, Penalties and Offences etc. (b) The Dock Workers’ (Regulation of Employment) Act, 1948 The Act mainly seeks to eliminate hardships caused to the dock workers on account of the casual nature of their employment and fluctuating volume of work in the ports. The Act, empowers the Central Government in the case of major ports, and the State Government in the case of other ports, to frame schemes for the registration of dock workers and employers not only to ensure greater regularity of employment but also to regulate the employment of dock workers, whether registered or not, in a port. The Act was amended in March, 1962 and August, 1970. The main provisions of the amending Act, of 1962 related to (i) registration of employers and imposition of a registration fee on them; (ii) constitution of a tripartite Dock Labour Board; (iii) inquiry into their working and powers to supersede a Board in certain contingencies; (iv) representation of shipping 155 on the Dock Workers Advisory Committee set up under Section 5 of the Act. One of the two amendments carried out by the amending Act of 1970 relates to amendment of Section 3 of the main Act extending the welfare facilities provided under the Act to the officers and other staff of the Dock Labour Boards and the other relates to amendment of Section 7 of the Act by insertion of a new Section ‗7-A‘ relating to offences by companies. Under the new Section, the Director, Manager, Secretary, etc., of the Company shall be deemed to be the guilty of the offence or abatement committed by any person in a company (including a firm or other associations of individuals) and shall be liable to be proceeded against and punished accordingly. (c) The Merchant Shipping Act, 1958 The Merchant Shipping Act, 1958, superseded the earlier enactment, viz., the Indian Merchant Shipping Act, 1923 with a view to consolidate the earlier enactments relating to the merchant shipping and to regulate various matters, connected therewith. The main object of the legislation was to foster the development and to ensure the efficient maintenance of an Indian Mercantile Marine in a manner best suited to serve the national interest and for that purpose establish a National Shipping Board and a Shipping Development Fund and to provide for the registration of Indian Ships. The provisions of the Act are applicable to all ships, irrespective of their locations which are registered in India or which, in terms of the Act, are required to be so registered. So far as the safety of life and property at sea is concerned, the Act embodies the requirement of the International Convention for the Safety of Life at Sea, 1948. A new Convention, viz., the International Convention for the Safety of Life at Sea, 1960 was, however, adopted on June 17, 1960 in suppression of the earlier convention in the light of experience of various countries during the intervening period. For implementation of the provisions of the new Convention, the Merchant Shipping Act was amended in 1966 incorporating certain amendments to the extent the 1960 Convention deviated from the 1948 Convention. (d) The Motor Transport Workers’ Act, 1961 Object and Scope The Act was passed in May, 1961 and came into force in all the States/Union Territories before March 31,1962 except in Pondicherry where the Act was enforced on 1st October, 1963, Goa on 1st February, 1966, Union Territory of Chandigarh on 1st November, 1966, and in the State of Jammu and Kashmir on 1st November, 1971. The object of the Act is to provide for the welfare of Motor Transport Workers and to regulate the conditions of their work. It applies to every motor transport undertaking employing five or more motor transport workers. The Act makes it obligatory for every employer of a motor transport undertaking to which this Act applies, to have the undertaking registered under the Act. Main Provisions The main provisions of the Act, inter-alia, relate to (i) welfare and health; (ii) hours of work; (iii) employment of young persons; and (iv) wages, payment of overtime and leave etc. Table 9.06 (a) and 9.06 (b) shows the number of registered motor transport undertakings and employment therein according to the normal daily hours of work during the year 2009 and 2010. 156 Table 9.06 (a) Number of Registered Motor Transport Undertakings Submitting Returns and Employment therein during 2009 State/Union Territory No. of Motor Transport Average Daily No. of Undertakings submitting returns Workers Employed. 1. Andhra Pradesh 1520 9087 2. Assam 13384 24331 3. Bihar 167 409 4. Chhattisgarh 218 2824 5. Goa 10 2054 6. Gujarat 28 1387 7. Haryana 26 5641 8. Himachal Pradesh 62 5466 9. Kerala 55 239 10. Meghalaya 4310 8620 11. Orissa 19 272 12. Punjab 43 5591 13. Rajasthan 38 567 14. Tamil Nadu 1720 103497 15. Tripura 1730 4929 16. Uttarakhand 163 1111 17. Chandigarh 6 411 Total 23,499(26.65) 1,76,436 Table 9.06 (b) Number of Registered Motor Transport Undertakings Submitting Returns and Employment therein during 2010 State/Union Territory No. of Motor Transport Average Daily No. of Undertakings submitting returns Workers Employed. 1. Andhra Pradesh 2222 9839 2. Assam 15921 25187 3. Bihar 150 3256 4. Chhattisgarh 246 788 5. Goa 10 2468 6. Gujarat 34 3238 7. Haryana 23 2109 8. Himachal Pradesh 58 5087 9. Karnataka 150 51033 10. Kerala 129 138 11. Meghalaya 4589 9178 12. Orissa 26 328 13. Punjab 40 4316 14. Tamil Nadu 1886 121116 15. Tripura 1032 4934 157 State/Union Territory 16. Uttar Pradesh 17. Uttarakhand 18. West Bengal 19. Chandigarh 20. Puducherry Total No. of Motor Transport Undertakings submitting returns 291 178 60 5 116 27,166(27.13) Average Daily No. of Workers Employed. 6965 1191 1284 332 1583 2,54,370 Note: Others States / Union Territories did not submit the returns for 2009 and 2010. Source: Annual Returns/Reports under the Motor Transport Workers act, 1961. Enforcement The Inspectorates in various States/Union Territories carry out inspections of the Undertaking to detect infringement of the provisions of the Motor Transport Workers‘ Act. Information relating to the number of inspections made and prosecutions launched during the year 2009 and 2010 is presented in Table 9.07 (a) and 9.07 (b). Table 9.07 (a) Inspections Made, Prosecutions Launched, Convictions Obtained and Amount of Fine Realized during 2009 under the Motor Transport Workers act, 1961 State/Union Territory 1 1. Andhra Pradesh 2. Assam 3. Bihar 4. Chhattisgarh 5. Goa 6. Gujarat 7. Haryana 8. Himachal Pradesh 9. Kerala 10. Meghalaya 11. Orissa 12. Punjab 13. Rajasthan 14. Tamil Nadu 15. Tripura 16. Uttarakhand 17. Chandigarh Total No. of Prosecutions Inspections No. of cases No. of No. of No. of made pending fresh cases in cases at the cases filed which acquitted commence- during the conviction ment year obtained of the year 2 6837 25668 947 572 6 17 378 24 2187 256 11 58 3702 1385 167 42,215 3 495 382 2952 43 261 23 78 311 1 106 1075 150 5,877 4 136 21 210 8 6 109 3 209 702 158 5 136 252 2 109 3 2 178 16 698 6 205 2 1 208 No. of No. of Total cases cases amount with- pending realised drawn at the end towards of the year fines (Rs.) 7 2 2 8 495 403 2705 43 269 27 76 308 1 104 1106 134 5,671 9 46,060 1,23,700 800 1,19,450 1,025 5,000 64,500 2,175 3,62,710 Table 9.07 (b) Inspections Made, Prosecutions Launched, Convictions Obtained and Amount of Fine Realized during 2010 under the Motor Transport Workers act, 1961 State/Union Territory 1 1. Andhra Pradesh 2. Assam 3. Bihar 4. Chhattisgarh 5. Goa 6. Gujarat 7. Haryana 8. Himachal Pradesh 9. Karnataka 10. Kerala 11. Meghalaya 12. Orissa 13. Punjab 14. Tamil Nadu 15. Tripura 16. Uttar Pradesh 17. Uttarakhand 18. West Bengal 19. Chandigarh 20. Puducherry Total - = Nil No. of Prosecutions Inspections No. of cases No. of No. of No. of made pending fresh cases in cases at the cases filed which acquitted commence- during the conviction ment year obtained of the year 2 4215 24688 957 500 1 34 275 17 114 2762 219 18 2083 1610 106 69 367 146 38,181 3 495 403 2705 43 269 27 8 76 308 1 1106 469 134 384 6,428 4 525 218 2 4 1 112 92 8 9 971 5 162 709 3 3 86 83 60 12 1,118 No. of No. of Total cases cases amount with- pending realised drawn at the end towards of the fines (Rs.) year 6 394 6 27 427 7 31 31 8 858 403 1789 43 271 28 6 102 308 1 1109 390 122 393 5,823 9 83,500 2,06,000 2,500 850 99,400 63,475 25,300 1,975 4,83,000 5. SHOPS AND COMMERCIAL ESTABLISHMENTS The Shops and Commercial Establishments Acts (Central and State Acts) Object and Scope The working conditions of the employees working in shops and commercial establishments in India are governed largely by the Acts passed by the various State Governments and Rules framed thereunder. These Acts and Rules which are amended from time to time in the light of the practical experience in their implementation regulate, inter-alia, the daily and weekly hours of work, payment of wages, overtime, holidays with pay, annual leave, employment of children and young persons, etc. Subject to certain exceptions these Acts apply in the first instance to shops and commercial establishments, restaurants, hotels and places of amusement in certain notified urban areas. The State Governments are, however, empowered to extend the application of the Act to such other areas or to such categories of undertakings in such areas, as they may consider necessary. Certain types of employees such as those employed in a confidential capacity or whose work is of intermittent nature are excluded from the scope of the Act. Central Act known as the Weekly Holidays Act, 1942, provides for the grant of weekly holidays to persons employed in Shops and Commercial establishments, etc. 159 Administration In the States of Andhra Pradesh, Jammu & Kashmir, Orissa, Punjab, Uttar Pradesh, West Bengal and the Union Territories of Chandigarh and Delhi, Chief Inspectors of Shops and Establishments have been appointed for the administration of the Acts. In other States, the administration of the Acts is the responsibility of either the Labour Commissioners or Factory Inspectorates or Officials of the Health or Revenue Department. In Maharashtra, it is administered by local authorities. Enforcement Table 9.08 (a) and 9.08 (b) present the number of inspections made, prosecutions launched, cases disposed off by the courts and the amount of fines realised during the year 2009 and 2010 in the States/Union Territories for which information is available. Table 9.08 (a) The Number of Inspections Made, Prosecutions Launched, Cases Disposed off by the Courts and Amount of Fine Realised under the Shops and Commercial Establishments Acts during the Year 2009 State/Union Territory 1 Andhra Pradesh Assam Bihar Chhatisgarh Goa Haryana Himachal Pradesh Jammu & Kashmir Kerala Meghalaya Orissa Punjab Rajasthan Tamil Nadu Tripura Uttrakhand Chandigarh Puducherry Total Inspections made Prosecutions launched 2 121586 (16.97) 30075 (4.20) 14014 (1.96) 6001 (0.84) 4495 (0.63) 34015 (4.75) 4905 (0.68) 18534 (2.59) 56424 (7.87) 219 (0.03) 3024 (0.42) 43359 (6.05) 11772 (1.64) 271930 (37.95) 19444 (2.71) 8551 (1.19) 53377 (7.45) 14885 (2.08) 7,16,610 3 8283 (14.32) 738 (1.28) 222 (0.38) 764 (1.32) 75 (0.13) 3038 (5.25) 1058 (1.83) 12221 (21.12) 1609 (2.78) 561 (0.97) 1341 (2.32) 340 (0.59) 819 (1.42) 88 (0.15) 1867 (3.23) 24831 (42.92) 57,855 160 Cases disposed off by the courts 4 3779 (9.66) 175 (0.45) 45 (0.11) 931 (2.38) 51 (0.13) 2310 (5.90) 1036 (2.65) 1428 (3.65) 1364 (3.49) - Amount realised as fine (in Rs.) 5 8,19,454 124 (0.32) 725 (1.85) 292 (0.75) 344 (0.88) 34 (0.09) 1186 (3.03) 25292@ (64.66) 1 (0.00) 39,117 9,525 40,950 1,27,585 2,08,025 71,020 42,34,166 6,16,350 4,36,100 8,55,834 - 1,59,240 66,250 26,465 2,29,600 1,20,870 38,65,598 500 1,18,87,532 Table 9.08 (b) The Number of Inspections Made, Prosecutions Launched, Cases Disposed off by the Courts and Amount of Fine Realised under the Shops and Commercial Establishments Acts during the Year 2010 State/Union Territory 1 Andhra Pradesh Assam Bihar Chhattisgarh Goa Haryana Himachal Pradesh Jammu & Kashmir Karnataka Kerala Maharashtra Meghalaya Punjab Rajasthan Tripura Uttar Pradesh West Bengal Chandigarh Delhi (NCT) Puducherry Inspections made Prosecutions launched 2 155442 (14.87) 30976 (2.96) 9338 (0.89) 5035 (0.48) 3090 (0.30) 31017 (2.97) 6282 (0.60) 14664 (1.40) 37332 (3.57) 66450 (6.36) 533576 (51.06) 62 (0.01) 11637 (1.11) 8343 (0.80) 20845 (2.00) 12828 (1.23) 33250 (3.18) 54320 (5.20) 231 (0.02) 10330 (0.99) 10,45,048 3 3992 (1.37) 632 (0.22) 51 (0.02) 828 (0.28) 109 (0.04) 1297 (0.45) 810 (0.28) 1070 (0.37) 2646 (0.91) 1734 (0.59) 241883 (82.90) 1190 (0.40) 128 (0.04) 80 (0.03) 6546 (2.24) 3321 (1.14) 25450 (8.72) 5 (0.00) - Cases disposed off by the courts 4 3743 (1.68) 3942@ (1.76) 78 (0.04) 1355@ (0.61) 99 (0.04) 1620@ (0.73) 534 (0.24) 1546@ (0.69) 2434 (1.09) 1440 (0.64) 175955 (78.77) - Amount realised as fine (in Rs.) 5 7,06,440 848 (0.38) 247@ (0.11) 23 (0.01) 2824 (1.26) 917 (0.41) 25778 (11.54) - 4,68,540 - 51,950 2,600 2,38,920 1,24,100 17,93,502 2,52,550 5,01,700 57,15,375 12,74,625 5,28,53,329 - 73,000 1,79,500 1,83,000 4,69,825 39,40,148 - Total 2,91,772 2,23,383 6,88,29,104 @ = Included previous cases - = Nil The remaining States/Union Territories did not furnish the Annual Returns for the year, 2009 and 2010. Figures in brackets indicate percentage to total. Source:- Annual Returns under the Shops and Commercial Establishments Acts 161 6. INDUSTRIAL HOUSING £ In the domain of industrial housing, the only Act which operated prior to Independence was the Land Acquisition (Amendment) Act, 1933, which enabled the employers to secure land for the construction of houses for the employees. In the year 1946, a real beginning was made in this direction when the Mica Mines Labour Welfare Fund Act, 1946 was passed by the Central Government. This was followed by the Coal Mines Labour Welfare Fund Act, 1947; the Limestone and Dolomite Mines Labour Welfare Fund Act, 1972; the Iron Ore, Manganese Ore and Chrome Ore Mines Labour Welfare Fund Act, 1976; and the Beedi Workers Welfare Fund Act, 1976. These Acts, inter-alia, make provision for the construction of houses for workers in mines and beedi industry. The State Governments of Andhra Pradesh, erstwhile Bombay, erstwhile Saurashtra, Mysore (now Karnataka) Madhya Pradesh, erstwhile Hyderabad, Uttar Pradesh and Punjab had enacted legislations to provide suitable housing accommodation for working class. In addition to this, the housing for the economically weaker sections of the society and Minimum Needs Programme for providing house site and construction assistance to rural landless labourers were later initiated by the Central Government. The following schemes which provide for housing facilities to iron ore, manganese ore, chrome ore, limestone, dolomites, mica mine and beedi workers are also being implemented: Type I Housing Scheme; Type II Housing Scheme; Build Your Own House Scheme; Group Housing Scheme for Beedi & Mine Workers; and Scheme for grant of Subsidy/Financial Assistance to Co-operative Societies for Beedi Workers 7. SAFETY AND WELFARE * The Welfare Fund Organisations undertake activities for welfare of the workers employed in Mica, Iron Ore, Manganese Ore, Limestone and Dolomite Mines and Beedi Industry. The Welfare Scheme are implemented and monitored through the Regional Offices of the Labour Welfare Organisation, each under the charge of a Welfare Commissioner. In the field of Safety and Welfare, the important Acts which are in operation, are: The Mica Mines Labour Welfare Fund Act,1946; The Limes and Dolomite Mines Labour Welfare Fund Act,1972; The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act,1976; The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Cess Act, 1976; The Beedi Workers Welfare Fund Act,1976; The Beedi Workers Welfare Cess Act, 1976; The Labour Welfare Fund Laws (Amendment) Act,1987 ; The Dock Workers (Safety, Health and Welfare) Act, 1986; and The Cine Workers Welfare Fund Act, 1981 £ For details on the subject, kindly refer to Chapter 6 of the Year Book. * Chapter 5 and 7 also give detailed information on Welfare and Safety respectively. 162 8. WAGES AND BONUS (a) The Payment of Wages Act, 1936 The Act aims at ensuring regular and prompt payment of wages and prevention of exploitation of wage earners by prohibiting arbitrary fines and deductions in the establishments covered under the Factories Act, 1948. It was initially made applicable to persons drawing less than Rs. 200 per month and employed in any factory and to persons employed in Railways by Railway Administration, either directly or through a sub-contractor. The Act has been amended several times in order to expand its provisions and coverage. The Act amended as on date enhanced the wage ceiling from Rs.10,000/- to Rs.18,000/- per month with effect from 11.09.2012. The Act has gradually been made applicable to workers employed in Construction Industry, Civil Air Transport Services, Motor Transport Services, Mines, Plantations, Oil Fields, Docks, Wharfs, Jetties and establishments declared as factories under Section 85 of the Factories Act, 1948. The specific day of paying of wage is 7th day of the month in case of industries employing less than 1000 workers and 10th day of the month in case of others. The number of inspection made and irregularities rectified in the Mines, Railways and Air Transport during the year 2011-2012 are as under: Industry 1 Mines Railways Air Transport Number of inspections done 2 3467 850 106 Irregularities Prosecutions rectified launched 3 36841 911 5498 6 918 21 Convictions obtained Claims filed 565 4 12 96 78 2 Source: Annual Report of Ministry of Labour & Employment for the year 2012-2013 (b) The Minimum Wages Act, 1948 $ The Minimum Wages Act, 1948 requires the appropriate Government, Central or State as the case may be, to fix minimum rates of wages payable to the employees defined as persons ―employed for hire or reward to do any work skilled or unskilled, manual or clerical, etc,‖ in an employment specified in Part I or Part II of the Schedule appended to the Act and an employment added to either part of the Schedule subsequently. This fixation can be done either on the recommendation of the Advisory Committee appointed by them under Section 5 (I) (a) of the Act or by notification in the official Gazette under Section 5 (I) (b) of the Act. The appropriate Governments are also required to review the minimum rates of wages, from time to time under Section 3 (I) (b) of the Act and revise the same, if necessary. There are 45 scheduled employments in the Central Sphere and as many as 1679 in State Sphere. The enforcement of the Minimum Wages Act, 1948 is secured at two levels. While in the Central Sphere, the enforcement is secured through the Inspecting Officers of the Chief Labour Commissioner (Central) commonly designated as Central Industrial Relations Machinery (CIRM), the compliance in the State Sphere is ensured through the State Enforcement Machinery. In order to protect the minimum wages against inflation, the Central Government has made provision of Variable Dearness Allowance (VDA) linked to Consumer Price Index, which is revised twice a year effective from April and October. The Central Government and 24 States/UTs have adopted VDA as a component of minimum wage. $ Kindly also see Chapter 2 of the Year Book. 163 Table 9.09 Minimum Wage Rates for Unskilled Workers Sl. No. 1 I Central/States/Union Territories II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III 29 30 31 32 33 34 35 State Sphere Andhra Pradesh Arunachal Pradesh Assam Bihar Chhattisgarh Goa Gujarat Haryana Himachal Pradesh Jammu and Kashmir Jharkhand Karnataka Kerala Madhya Pradesh Maharashtra Manipur Meghalaya Mizoram Nagaland Orissa Punjab Rajasthan Sikkim Tamil Nadu Tripura Uttar Pradesh Uttarakhand West Bengal Union Territories A.& N. Islands Chandigarh Dadra & Nagar Haveli Daman & Diu Delhi Lakshdweep Puducherry Range of Minimum Wages per day (Rs.) Minimum Maximum 3 4 166.00 279.00 2 Central Sphere 69.00 134.62 100.42 138.00 104.60 150.00 100.00 186.42 120.00 110.00 127.00 130.08 85.20 146.49 100.00 122.10 100.00 170.00 100.00 92.50 154.46 147.00 130.00 88.29 96.15 100.00 110.64 112.50 231.71 153.85 100.42 144.00 151.04 157.00 181.80 186.42 120.00 110.00 145.54 220.73 353.00 174.80 248.15 122.10 100.00 170.00 100.00 92.50 154.46 147.00 130.00 222.35 132.69 171.20 218.30 169.30 220.00 219.23 156.20 143.60 279.00 200.00 100.00 280.00 219.23 156.20 143.60 279.00 200.00 205.00 Source:- Annual Report 2012-2013 of the Ministry of Labour and Employment National Floor Level Minimum Wage In order to have a uniform wage structure and to reduce the disparity in minimum wages across the country, the concept of National Floor Level Minimum Wage as a non statutory measure, was mooted on the basis of the recommendations of the National Commission on Rural Labour (NCRL) in 1991. On the basis of increase in the Consumer Price Index, the Central 164 Government has fixed the National Floor Level Minimum Wages form Rs.100 to Rs.115 per day w.e.f. 01.04.2011. (c) The Payment of Bonus Act, 1965 The Payment of Bonus Act, 1965 provides for payment of bonus to employees of factories and other establishments employing 20 or more persons, on the basis of profits or on the basis of production or productivity and for matters connected therewith. The minimum bonus of 8.33 per cent is payable by every industry and establishment under section 10 of the Act. The maximum bonus including productivity link bonus that can be paid in any accounting year shall not exceed 20 per cent of the salary/wage of an employee under section 31 A of the Act. Two ceilings are available under the Payment of Bonus Act, 1965. Section 2(13) which defines an employee is generally known as the eligibility limit and Section 12 is known as the calculation ceiling. The two ceilings are revised from time to time to keep pace with the price rise and increase in the salary structure. These ceilings were last revised from Rs.750/- to Rs.1600/- per month in 1965, from Rs.1600/- to Rs.2500/- in 1985, from Rs.2500/- to Rs.3500/- in 1995 and from Rs.3500/- to Rs.10000/- in the year 2007. At present, employees drawing salary or wage not exceeding Rs.10,000/- per month in any industry to do any skilled or unskilled, manual, supervisory, managerial, administrative, technical or clerical work for hire or reward are eligible for payment of Bonus. The eligibility limit and calculation ceiling under clause 13 of section 2 and Section 12 of the Act respectively were last revised from Rs.3,500/- to Rs.10,000 per month and from Rs.2500/- to Rs.3500/- per month, in the year 2007 and made effective from 1st April, 2006. 9. SOCIAL SECURITY The Directive Principles of the State Policy as contained in the Constitution of India enjoins upon the State to enact social security legislations for the welfare of the working class. In the era of industrialisation, the workers are exposed to economic insecurity, thereby loosing their livelihood and physical insecurity arising out of sickness, accident, old age and so on. The State has come forward to fulfill its responsibility to provide social security to its workers by enacting various social security legislations. The social security benefits flow either at the cost of the employer or on the part of joint contributions of the employer and the employees. However, the social security schemes cover only organized workforce and the government has moved forward through legislation to extend the benefits of social security schemes to cover workforce in the unorganized sector also. The compliance of these benefits is the responsibility of the employers. The principal social security laws enacted in India are the following: 1. The Workmen‘s Compensation Act, 1923 2. The Employees‘ State Insurance Act, 1948 3. The Employees‘ Provident Funds & Miscellaneous Provisions Act, 1952 (Separate provident fund legislations exist for workers employed in coal mines and tea plantations in the State of Assam and for seamen). 4. The Maternity Benefit Act, 1961 5. The Payment of Gratuity Act, 1972 165 (a) The Workmen’s Compensation Act, 1923 It is obligatory for the employers to pay compensation to their workers for injury caused to a workman by accident, arising out of and in the course of employment, resulting in death or in total/partial disablement under the Workmen‘s Compensation Act. Compensation is also payable for some occupational diseases contracted by workmen during the course of their employment. The Act extends to the whole of India and applies to certain categories of railway servants and workers employed in any capacity specified in Schedule II of the Act which includes Factories, Mines, Plantations, Mechanically Propelled Vehicle, Construction Work and certain other hazardous occupations. There is no wage limit for coverage of workers under the Act. The Act does not, however, apply to (i) persons whose employment is of a casual nature and who are employed for purposes other than the employers‘ trade or business; (ii) persons serving in Armed Forces and (iii) workers covered by the Employees‘ State Insurance Act. Under Section 3(3) of the Act, the State Governments are empowered to extend the scope of the Act to any class of persons whose occupations are considered hazardous after giving three months notice in the Official Gazette. The Act is administered by the State Governments who are required to appoint commissioners for Workmen‘s Compensation. The functions of the Commissioners include (i) settlement of disputed claims (ii) disposal of cases of injuries involving death, and (iii) revision of periodical payments. The Commissioners for Workmen‘ Compensation have also been empowered to impose penalty on employers who fail to pay compensation due under the Act to the injured worker within one month from the date it fell due. The Act was amended in 1995 to enhance (i) the rate of compensation from 40 per cent to 50 per cent and from 50 per cent to 60 per cent of the monthly wage in the case of death and permanent total disablement respectively, (ii) the monthly wages from Rs. 1,000 to Rs.2,000 for determining the maximum amount of compensation, and (iii) the minimum amount of compensation for death and permanent total disablement from Rs. 20,000 to Rs.50,000 and from Rs. 24,000 to Rs.60,000 respectively. The maximum amount of compensation for death may go upto Rs.2.28 lakh and for permanent total disablement up to Rs 2.74 lakh as against the admissibility of Rs.91,000 and Rs.1.14 lakh respectively prior to amendment of the Act. In this amendment, there is a new provision for extra territorial application of the Act to cover employees recruited in India but sent abroad for work of Indian Companies. With effect from 1.10.1996, a provision has been made for filing compensation claims also before the Workmen Compensation Commissioner for the area where the workmen/dependants ordinarily reside. The Government had enhanced the minimum amount of compensation payable under the Workmen‘s Compensation Act, 1923 from Rs. 50,000 to Rs. 80,000/- in case of death and from Rs. 60,000 to Rs.90,000/- in case of permanent total disablement. The wage ceiling for computation of maximum amount of compensation was raised from Rs. 2,000/- to Rs. 4,000/- . It facilitated to enhance the maximum amount of compensation from Rs. 2.28 lakh to Rs.4.56 lakh in the case of death and Rs.2.74 to Rs.5.48 lakh in the case of permanent total disablement. In addition, the loss of earning capacity as quantified and mentioned in part II of Schedule I of the Act has been scaled up in certain cases of amputation below knees, amputation through foot etc. Sixteen new items have been added to hazardous employments under Schedule II of the Act. Important amongst them are certain operations in the sea, handling of snakes, handling certain animals, cleaning sewer lines, agricultural and forestry operation, handling of pesticides and outdoor employment in newspaper establishments etc. This amendment came into force with effect from September 15, 1995. 166 The Act has further been amended to make it gender neutral and will now be called ―the Employees‘ Compensation Act, 1923‖. Besides, the minimum compensation under the Act has been enhanced from Rs.80,000/- to Rs.1,20,000/- in case of death, from Rs.90,000/- to Rs.1,40,000/- in case of disablement and from Rs.2,500/- to 5,000/- towards funeral expenses. The maximum amount for death and permanent total disablement can go up to Rs.9.14 lakh and Rs.10.97 lakh respectively depending on age and wages of the employees. The employees shall be reimbursed the actual medical expenditure incurred by him for treatment of injuries causced during the course of employment without any ceiling. A new Section 25A has been added for the Commissioner to dispose the matter relating to compensation under this Act within a period of three months from the date of reference. The wage ceiling limit for working out compensation has been increased from Rs.4,000/- to Rs.8,000/- per month. The amendment was notified on 23.12.2009 and made effective from 18.01.2010. Employers are required to notify the appropriate authorities the number of accidents, amount of compensation paid, etc. The State Governments compile these statistics and forward them to the Labour Bureau. The average daily number of workers covered, number of accidents resulting in death, permanent disablement, etc. and the amount of compensation paid during the years 2007-2010 are given in Table 9.10. Table 9.10 Compensated Accidents and the Amount of Compensation paid by Establishments Submitting Returns during 2007 to 2010 under Employees’ Compensation Act, 1923 Year Average daily number of workers employed in establishments submitting returns Number of Compensated Accidents Resulting in Death 1 2007 2 1825947 2008 1712127 2009 1662342 2010 1063802 3 1670 (29.79) 1344 (26.76) 863 (23.31) 1939 (33.63) Permanent disablement 4 1144 (20.41) 982 (19.55) 497 (13.42) 2831 (49.11) Temporary Total disablement 5 6 2792 5606 (49.80) (100.00) 2697 5023 (53.69) (100.00) 2343 3703 (63.27) (100.00) 995 5765 (17.26) (100.00) Amount of Compensation paid for (Rs. in lakh) Death 7 3767.90 Permanent Temporary Total disablement disablement 8 9 10 1043.36 805.54 5616.80 4327.05 1412.25 407.80 6147.10 2420.13 554.32 159.85 3134.30 5991.49 2385.78 406.05 8783.32 Note: The figures in the table above may not be strictly comparable due to differences in area covered, varying response or non-response from State Govts./UT Admns. N.B : Data relate to only those States/Union Territories which have submitted the returns. Source : Annual Returns under the Employees‘ Compensation Act, 1923 It may be stated that a strict comparison of the figures over the years may not be possible on account of (i) difference in area covered, (ii) variation in the number of undertakings furnishing returns and (iii) the extension of the Employees‘ State Insurance Act, 1948. (b) The Employees’ State Insurance Act, 1948 The Employees‘ State Insurance Act, 1948 is a pioneering measure in the field of social insurance in the country. It was enacted to provide for certain benefits to employees in case of 167 sickness, maternity and employment injury and to make provisions for certain other related matters. The Act extends to the whole of India except the State of Sikkim and applies to all factories, other than seasonal factories, run with power and employing 10 or more persons. The appropriate Governments, are, however, authorized to extend it partially or wholly to any establishment or class of establishments- industrial, commercial, agricultural or otherwise. It covers persons employed directly or indirectly as also the clerical staff but does not apply to members of the Armed Forces or to persons whose remuneration in the aggregate exceeds Rs.15000/- a month. The Act has also been extended to new classes of establishments, viz., power using factories employing 10 or more workers and non power using factories employing 20 or more workers, shops, theatres, cinemas, hotels, restaurants, motor transport undertakings and newspaper establishments employing 20 or more persons in a number of States. The Act is being implemented area-wise in a phased manner. The ESIC Scheme is operated in 807 centres situated in 29 States/Union Territories. As on 31.03.2012, there were almost 1.71 crore insured persons and about 6.63 crore beneficiaries covered under the Scheme. The number of factories and establishments covered by the end of the year had gone up to about 580028. Administration– The administration of the Employees‘ State Insurance Scheme, framed under the Act, has been entrusted to the Employees State Insurance Corporation, a corporate body, consisting of the representatives of the Central and State Governments, employers, employees, medical profession and the Parliament. A smaller body, with similar representation known as the Standing Committee, works as the executive of the Corporation. A third body, called the Medical Benefit Council, advises the Corporation on matters relating to administration of medical benefits, certification for purposes of grant of benefits etc. It consists of the Director General of Health Services, the Medical Commissioner of the Corporation and representatives of the State Governments, employers, employees and the medical profession. The Chief Executive Officer of the Corporation is the Director General. There is a provision for setting up of the Regional Boards and Local Committees at the grass root level. There are 24 Regional Boards and 302 Local Committees in existence as on 31.03.2012. The General Purposes Sub-Committee of the Corporation visits various States and Union Territories from time to time with a view to assessing the quality of medical care being provided and making suggestions for further improvement in the delivery system. The Head Quarters of the ESIC is located at Delhi and has 23 Regional Offices, 30 Sub-Regional Offices and 6 Divisional Offices. Besides, 626 Branch Offices, 183 Pay Offices and 383 Inspection Offices were functioning in the States and Union Territories as on 31st March, 2012. Contribution- The Scheme is financed by the Employees‘ State Insurance Fund raised through contribution from employers and employees and grants/donations and gifts from the Central and State Governments, local authorities or any other individual or body. The State Governments also share the cost of the Scheme by contributing towards expenses on medical treatment and attendance of the insured persons, share of each to be determined on the basis of an agreement between the Corporation and the State Governments. The Employers contribute 4.75 per cent of the wages payable to the employees covered and the employees contribute at the rate of 1.75 per cent of their wages towards the scheme. The State Governments contribute to the extent of 12.5 per cent of expenditure on medical care. Investment and Rate of Interest – All contributions received under the ESI Act and all other money belonging to the fund which is not immediately required for defraying day to day expenses are invested in the manner prescribed statutorily. As on 30.09.2012, the total investment of fund was Rs.30047.72 crore. Out of this, an amount of Rs.8950.57 crore was invested in the Special Deposit Account with Central Government and the balance amount of Rs.21097.15 crore was invested in fixed deposits with nationalized banks and financial institutions. Exemption from the Operation of the Act- Exemptions under Section 87 of the E.S.I. Act can be granted to any factory or establishment or class of factories or establishments who provide social security benefits to their employees, superior or similar to those available under the ESI Scheme. 168 Benefits- Two types of social security cover is provided under the scheme namely – (i) Medical Care and (ii) Cash Benefits (i) Medical Care- Medical care is provided to the insured persons and their family members through a vast network of panel clinics, ESI dispensaries and hospitals generally within the vicinity of their residential areas. In addition to providing total in-patient care, the Corporation also fully finances cases of beneficiaries requiring advanced treatment or specialized surgery in leading medical institutions of the country. The Corporation has prescribed a ceiling on the shareable expenditure on medical care. The expenditure on medical care has been enhanced to Rs.1500/- per Insured Person Family Unit per annum with effect from 1.4.2012. All capital expenditure on construction of ESI buildings including maintenance is borne exclusively by the Corporation. (ii) Cash benefits are constituted of the followed benefits: i. Sickness benefit (SB) ii. Medical benefit iii. Maternity benefit (MB) iv. Disablement benefit v. Dependents benefit vi. Funeral Expenses (c) The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 The Employees‘ Provident Funds and Miscellaneous Provisions Act, 1952 provides for institution of compulsory provident funds for employees in factories and other establishments. The purpose is to make some provisions for the future of the industrial workers after he retires or for his dependents in case of his early death. Initially, the Act covered only 6 major industries viz., (i) Cement, (ii) Cigarette, (iii) Iron and Steel, (iv) Electrical, Mechanical or General Engineering Products, (v) Paper and (vi) Textile (cotton, wool, silk and jute), which had completed 3 years of existence and employed 50 or more workers. However, with the extension of the Act more and more industries were covered from time to time. The Act is now applicable to factories/establishments engaged in 187 industries/classes of establishments employing 20 or more workers. As on 31st March 2012, there were 6.64 lakh establishments with 82.66 million subscribers covered under both exempted and un-exempted sectors. The Act extends to whole of India except the State of Jammu & Kashmir. The State Government of Jammu and Kashmir instituted a separate Provident Fund Scheme, w.e.f., 1 st June, 1961. It applies to all factories and other establishments of any notified industry if they employ 20 or more persons. However, any newly started undertaking remains exempted for a period of five years if it employs less than 50 persons and for three years if it employs 50 or more persons. It has now been substituted by a uniform provision of three years infancy period with effect from 1.8.1988 by the Employees‘ Provident Fund (Amendment) Act, 1988. The Act does not apply to (i) establishments registered under the Co-operative Societies Act, 1912 (or under any other law relating to co-operative societies) if the establishments employ less than 50 persons and work without the aid of power; (ii) tea plantations and tea factories in the State of Assam, where the State Government have a separate scheme for these establishments. The wage ceiling for coverage under the EPF Scheme has been enhanced from Rs. 5,000 to Rs. 6,500 per month with effect from 1.6.2001. Rate of Contribution- The normal rate of contributions payable by the employers and employees prescribed under the Act is 10 per cent of the wages of the employees‘ w.e.f. 01.05.1997. The Act, also empowers the Central Government to enhance, if deemed fit, the rate of contribution to 12 per cent of wages in respect of any industry or class of establishments. Out of 12 per cent of employers‘ share, 3.67 per cent goes to Provident Fund and 8.33 per cent contributed to the Pension Fund. The Central Government has enhanced the rate of contribution to 12 per cent in 169 most of the establishments. The minimum rate of provident Fund Contribution of 10 per cent is applicable to the five industries only, i.e. brick, beedi, jute, coir and guargum. Rate of Interest-The Government of India on the recommendation of the Central Board of Trustees of the Employees Provident Fund Organisation declares the rate of interest to be credited to the accounts of Provident Fund members annually. The 3 schemes under the EPF & M.P. Act, 1952 are; (i) Employees Provident Fund Scheme, 1952; (ii) Employees Pension Scheme, 1995; and (iii) Employees Deposit Linked Insurance Scheme, 1976. (i) The Employees’ Provident Fund Scheme, 1952 The Employees‘ Provident Funds and Miscellaneous Provisions Act, 1952 initially provided for framing of the Scheme – Employees‘ Provident Fund Scheme, 1952 which came into force with effect from 1.11.1952. It aims at making provision for the future of the covered employees after they retire and also for their dependants in case unfortunate death. An employee with a pay upto Rs.6500/- per month is eligible for membership of the Fund from the very date of joining an establishment. The rate of Provident Fund contribution is 12 per cent (in case of general establishments) and 10 per cent ( in case of notified establishments) of the monthly wages of the subscribers. In order to provide prompt, time bound and trouble free service to the subscribers, para 72 of the EPF Scheme has been amended so as to fix 30 days statutory time limit for settlement of claims. Now the PF claims complete in all respects are required to be settled within 30 days. In respect of incomplete claims, the reasons for non-settlement are to be communicated to the applicant within 30 days. In case the Commissioner fails to settle a claim complete in all respects within 30 days he shall be held personally liable for the delay beyond the said period and penal interest @ 12 per cent p.a. on the benefit amount may be charged and recovered from the salary of the Commissioner. (ii) The Employees Pension Scheme, 1995 The Employees‘ Pension Scheme is compulsory for all the persons who were members of the Family Pensions Scheme, 1971. It is also compulsory for the persons who became members of the Provident Fund from 16.11.1995 i. e. the date of introduction of the Scheme. The PF subscribers, who were not members of the Family Pension Scheme, have an option to join this pension scheme. Upon introduction of the new Pension Scheme, 1995, the erstwhile Family Pension Scheme, 1971 ceased to operate and all the assets and liabilities of the erstwhile Family Pension Fund were taken over and merged with the new Pension Fund. The benefits and entitlements to the member under the old Scheme shall remain protected and continued under the new Pension Scheme, 1995. A minimum 10 years contributory service is required for entitlement to Pension. Normal superannuation pension is payable on attaining the age of 58 years. Pension on a discounted rate is also payable on attaining the age of 50 years. Where pensionable service is less than 10 years, the member has an option to remain covered for pensionary benefits till 58 years of age or claim return of contribution/withdrawal benefits. Under the scheme, neither the employer nor the employee is required to make additional contribution. From 16.11.95, the employer‘s share of P.F. contribution representing 8.33 per cent of the wage is being diverted to the said fund. The Central Government is also contributing to the Pension Fund at the rate of 1.16 per cent of the wage of the employees. The Pension Fund is required to be evaluated through qualified Actuary on annual basis. Based on the valuation results, the benefit quantum is revised. Benefits The Scheme provides the following benefits to the members and their families: (a) Monthly member pension 170 (b) (c) (d) (e) (f) (g) Permanent total disablement pension Widow/ widower pension Children pension Orphan pension Nominee pension Pension to dependent parents The category-wise break up of pension claims (all benefits) settled during the year 20112012 is as under:Sl.No. 1 2 3 4 Category of claims No. of claims Settled (in lakhs) 3.62 Monthly Pension benefits Life Assurance Benefit Retirement-cum-withdrawal benefit Refunds 36.35 Total 39.97 The amount of monthly pension varies from member to member depending upon his pensionable salary and pensionable service. (iii) The Employees’ Deposit-Linked Insurance Scheme, 1976 The scheme which came into force from 1st August, 1976 is applicable to all factories/establishments. All the employees, who are members of Employees‘ Provident Fund Scheme, are required to become members of this Scheme. Employers are required to pay contributions to the Insurance Fund at the rate of 0.5 per cent of pay i.e., basic wages, dearness allowance including cash value of food concession and retaining allowance, if any. During the year 2011-12, a sum of Rs.566.40 crore comprising of employers‘ contribution was deposited and 20971 EDLI claims were settled. At the end of 2011-12, the EPFO had cumulative investments of Rs.10657.59 crore under this Scheme. An amendment has been made w.e.f. 08th January, 2011 in the Employees‘ Deposit Linked Insurance Scheme, 1976 under the Employees‘ Provident Funds & Miscellaneous Provisions Act, 1952, increasing the additional benefit, on the death of an employee who is member of the Provident Fund. (d) The Maternity Benefit Act, 1961 The Act regulates the employment of women in factories, mines, the circus industry, plantation units and shops or establishments employing 10 or more persons except the employees covered under the Employees State Insurance (ESI) Act, 1948 for certain periods before and after birth and provides for maternity and other benefits. It extends to whole of India, except the State of Sikkim. The Act was amended by the Maternity Benefit (Amendment) Act, 1988 which came into force from 10th January, 1989. The Amended Act provides, inter-alia, for extension of its provisions to Shops and Establishments employing 10 or more persons, reducing the qualifying period for grant of maternity benefit from 160 days of actual work to 80 days of actual work, enhancing the rate of medical bonus payable under the Act from Rs. 25 to Rs.250 (if no pre-natal confinement and post natal confinement and post natal care are provided by the employer free of charge) and fixing the rate of maternity benefit at average daily wages for three calendar months or 171 minimum wages fixed/revised under the Minimum Wages Act,1948 or Rs. 10 per day, whichever is higher for a period of actual absence from duty up to 12 weeks, of which not more than 6 weeks may be availed before delivery and remaining period after delivery. With a view to encouraging planned parenthood, the Maternity Benefit Act, 1961 has been amended to provide six weeks leave with wages in cases of medical termination of pregnancy (MTP), grant of leave with wages for a maximum period of one month in cases of illness arising out of MTP or tubectomy and two weeks leave with wages to women workers who undergo tubectomy operation. These amendments have been enforced with effect from 1.2.1996. The Central Government is responsible for administration of the provisions of the Act in Mines and in the Circus Industry, while the State Governments are responsible for administration of the Act in factories, plantations and other establishments. The Central Government has entrusted the Administration of the Act to the Chief Labour Commissioner in respect of the circus industry and to the Director General of Mines Safety in respect of mines. The Act has been amended to enhance the medical bonus from Rs.250/- to Rs.1,000/- and also empowering the Central Government to increase it from time to time before every three years, by way of notification in the Official Gazette, subject to maximum of Rs.20,000/-. The amendment was notified on 15.04.2008 making it effective from the same date. The Medical Bonus has further been increased from Rs.1,000/- to Rs.2,500/- w.e.f. 11.08.2008 and Rs.2,500/- to Rs.3,500/- w.e.f. 19.12.2011. The Labour Bureau compiles data pertaining to the number of women workers covered, number of claims made and amount paid, etc. contained in the reports of the State Governments. Table 9.11(a) and 9.11(b) give details regarding the benefits obtained by the women workers during 2009 and 2010 under the Maternity Benefit Act. Maternity benefits paid in different States under the Employees‘ State Insurance Act, 1948 during the year 2008-09 and 2009-10 are given in Table 9.12(a) and 9.12(b). 172 I. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 II 1 2 3 4 5 6 7 III 1 2 3 4 No. of claims accepted and paid either fully or partially Total Current year Claims Number of cases where special bonus paid No. of women who claimed maternity benefit during the year Response Rate (%) Number of establishments submitting returns Number of establishments covered State/Union Territory Aggregate No. of women workers employed daily Table- 9.11 (a) Maternity benefits paid in Factories, Plantations and Other establishments during the year 2009 1 2 3 4 5 6 7 8 9 FACTORIES Andhra Pradesh 13054 4307 32.99 59091 110(0.19) 110 92 11 Assam Bihar 11 11 100.00 50 Chhattisgarh 3065 385 12.56 1105 3(0.27) 3 3 3 Delhi 8014 1622 20.24 4862 7(0.14) 7 Goa 30 28 93.33 153 9(5.88) 15 5 Haryana 653 639 97.86 12932 111(0.86) 111 111 97 Himachal Pradesh 1323 471 35.60 2474 16(0.65) 16 16 Jharkhand 314 314 100.00 5353 9(0.17) 9 9 Karnataka 12504 6078 48.61 333126 555(0.17) 555 475 258 Kerala 2311 667 28.86 43329 1580(3.65) 5 1 Meghalaya 76 56 73.68 10 Orissa 658 18 2.74 928 14(1.51) 14 Punjab 540 55 10.19 509 Rajasthan 1777 11 0.62 297 11(3.70) 11 Tamil Nadu Tripura 459 160 34.86 3760 1(0.03) 1 1 1 Uttarakhand 218 17 7.80 214 48(22.43) 46 Uttar Pradesh 492 118 23.98 2499 34(1.36) 19 13 292 Chandigarh D & N. Haveli Mizoram Nagaland Lakshadeep Total 45499 14957 32.87 470692 2508(0.53) 922 705 683 PLANTATIONS Assam 767 540 70.40 666694 25516(3.83) 25516 2035 921 Himachal Pradesh 17 13 78.48 112 Karnataka Kerala 620 378 60.97 27982 883(3.16) 883 883 Tamil Nadu 941 435 48.23 37036 767(2.07) 156 241 13 Tripura 106 62 58.49 7442 325(4.37) 325 325 325 Uttarakhand 5 5 100.00 127 Total 2456 1433 58.35 739393 27491(3.72) 26880 3484 1259 OTHER ESTAB. Himachal Pradesh 2 61 6(9.84) 6 4 Rajasthan 15718 8 0.05 4 Tamil Nadu 4906 2189 44.62 190898 678(0.36) Uttarakhand 57 Total 20681 2199 10.63 190963 684(0.36) 6 4 Note: - = Nil. Figures in brackets in col. 6 are percentages with reference to column 5. 173 Total amount of maternity benefits paid (in Rs.). 10 10534428 197296 492179 263213 4034241 306617 425960 19272165 199521 280469 3780 445153 2568396 39023418 32368496 2159779 2449333 939018 37916626 68969 1864126 1933095 No. of claims accepted and paid either fully or partially Total Current year Claims 1 2 3 4 5 6 7 8 FACTORIES Andhra Pradesh 13051 4665 35.74 62682 217 (0.35) 164 156 Assam Bihar 11 8 72.73 28 Chhattisgarh 2855 176 6.16 1475 4 (0.27) 4 4 Goa 71 70 98.59 872 21 (2.41) 21 Haryana 620 608 98.06 17379 331 (1.90) 331 331 Himachal Pradesh 1371 559 40.77 3692 13 (0.35) 13 J&K 334 156 46.71 1078 39 (3.62) Jharkhand 315 314 99.68 5444 24 (0.44) 24 Karnataka 8226 5461 66.39 184236 894 (0.49) 871 835 Kerala 2977 702 23.58 216698 486 (0.22) 5 2 Meghalaya 97 6 6.19 11 5 (45.45) 5 5 Odisha 662 22 3.32 958 12 (1.25) 7 Punjab 578 51 8.82 523 2 (0.38) 2 2 Rajasthan 2721 13 0.48 267 5 (1.87) 5 Tamil Nadu Tripura 486 160 32.92 3506 Uttar Pradesh 502 107 21.31 2636 42 (1.59) 24 16 Chandigarh Mizoram Nagaland Lakshadeep Puducherry 416 186 44.71 4477 20 (0.45) Total 35293 13264 37.58 505962 2115 (0.42) 1476 1351 II PLANTATIONS 1 Assam 757 535 70.67 1009923 31058 (3.08) 31058 3405 2 Himachal Pradesh 17 14 82.35 147 3 Karnataka 6 6 100.0 6 4 Kerala 672 434 64.58 28233 480 (1.70) 480 480 5 Tamil Nadu 596 400 67.11 16278 686 (4.21) 205 128 6 Tripura 106 60 56.60 6854 328 (4.79) 328 328 Total 2154 1449 67.27 1061441 32552 (3.07) 32071 4341 III OTHER ESTAB 1 Himachal Pradesh @ 1 43 6 (13.95) 6 2 Karnataka 18891 242 1.28 17048 255 (1.50) 255 255 3 Rajasthan 16584 18 0.11 6547 4 Tamil Nadu 5087 4171 81.99 194331 2520 (1.30) 31 Total 40562 4432 10.93 217969 2781 (1.28) 292 255 Note: - = Nil. Figures in brackets in col. 6 are percentages with reference to column 5. @ Figure not available mentioned in the Annual Return of HP. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 174 Number of cases where special bonus paid No. of women who claimed maternity benefit during the year Response Rate (%) Number of establishments submitting returns Number of establishments covered State/Union Territory Aggregate No. of women workers employed daily Table- 9.11 (b) Maternity benefits paid in Factories, Plantations and Other establishments during the year 2010 Total amount of maternity benefits paid (in Rs.). 9 10 5 2 6 247 11 836 2 5 228 1342 14585071 19058 527261 676298 45311234 521113 221000 573718 44967115 372058 70520 539181 12820 5488000 482799 114367246 879 29 328 1236 47913241 6894618 1559447 952919 57320225 3 255 602 860 56922 596410 7696048 8349380 Table-9.12 (a) Maternity benefits paid under the Employees’ State Insurance Act, 1948 during the financial year 2008-2009 Sl. No. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 State/Union Territory 2 Andhra Pradesh Assam, Meghalaya & Tripura Bihar Chhattisgarh Delhi Goa Gujarat Haryana Himachal Pradesh Jammu & Kashmir Jharkhand Karnataka Kerala Madhya Pradesh Maharashtra Orissa Punjab Rajasthan Tamil Nadu Uttar Pradesh Uttarakhand West Bengal Chandigarh Puducherry All India Number of Claimants 3 1102(4.92) 67(0.30) 13(0.06) 1(0.01) 442(1.98) 333(1.49) 436(1.95) 443(1.98) 166(0.74) 35(0.16) 36(0.16) 5474(24.46) 3151(14.08) 161(0.72) 3040(13.59) 124(0.55) 265(1.18) 287(1.28) 5459(24.40) 652(2.91) 29(0.13) 181(0.81) 104(0.46) 375(1.68) 22376 (100.00) Amount paid (in Rs.) 4 18124284 753308 253432 43806 8970867 5986529 5643352 7033557 1996890 422671 442932 68997764 36699535 2126978 54546734 1103297 3235227 3260100 73102213 8285882 429289 2835523 1728096 4952518 310974784 Table 9.12(b) Maternity benefits paid under the Employees’ State Insurance Act, 1948 during the financial year 2009-2010 Sl. No. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 State/Union Territory Number of Claimants 2 3 Andhra Pradesh 1160 (4.89) Assam, Meghalaya & Tripura 68 (0.29) Bihar 22 (0.09) Chhattisgarh 11 (0.05) Delhi 403 (1.70) Goa 362 (1.53) Gujarat 462 (1.95) Haryana 485 (2.04) Himachal Pradesh 202 (0.85) Jammu & Kashmir 44 (0.19) Jharkhand 62 (0.26) Karnataka 5968 (25.16) Kerala 3760 (15.85) Madhya Pradesh 133 (0.56) Maharashtra 3298 (13.90) Odisha 150 (0.63) Punjab 262 (1.10) Rajasthan 277 (1.17) Tamil Nadu 5370 (22.64) Uttar Pradesh 514 (2.17) Uttarakhand 36 (0.15) West Bengal 233 (0.98) Chandigarh 99 (0.42) Puducherry 340 (1.43) All India 23721 (100) Source: The Employees‘ State Insurance Corporation New Delhi Note. Figures in brackets are percentage to total of column 3. 175 Amount paid (in Rs.) 4 24766813 1099665 339200 144578 8746971 6315280 6919486 7716431 2543267 543602 799697 77074717 52048496 2104732 61274097 1578168 4260103 4056366 77518099 7812562 548270 3681754 1918827 5349397 359160578 (e) The Payment of Gratuity Act, 1972 The umbrella legislation relating to gratuity is the Payment of Gratuity Act, 1972. The Act was enacted to provide for a scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments employing ten or more persons and for matters connected therewith or incidental thereto. The appropriate Government may, by notification, and subject to such conditions as may be specified in the notification, exempt any establishment to which this Act applies or any employee or class of employees employed therein, from the operation of the provisions of this Act, if in the opinion of the appropriate Government, the employees in such establishment are in receipt of gratuity or pensionary benefits not less favourable than the benefits conferred under this Act. The Act is administered by the Central Government in:- (i) establishments which are under its control; (ii) establishments having branches in more than one State; and (iii) major ports, mines, oil fields and the railways. While, in all other cases, it is administered by the State Governments and the Union Territory administrations. The appropriate Government may, by notification, appoint any officer to be a controlling authority, who shall be responsible for the administration of this Act and different controlling authorities may be appointed for different areas. Besides, here is Central Industrial Relation Machinery (CIRM) in the Ministry of Labour which is responsible for enforcing this Act. It is also known as the Chief Labour Commissioner (Central) [CLC(C)] Organisation. It is headed by the Chief Labour Commissioner (Central). The main provisions of the Act are: Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years:- (i) on his superannuation; or (ii) on his retirement or resignation; or (iii) on his death or disablement due to accident or disease, provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement. The employer shall pay gratuity to an employee at the rate of fifteen days' wages based on the rate of wages last drawn by the employee concerned for every completed year of service or part thereof in excess of six months. The amount of gratuity payable to an employee shall not exceed ten lakh rupees. 10. INDUSTRIAL RELATIONS (a) The Trade Unions Act, 1926 Object and Scope- The Act mainly seeks to confer a legal and corporate status on registered trade unions. The Act provides immunity from civil and criminal liability to trade union executives and members for bonafide trade union activities. The Act applies to the entire Indian Union. Main Provisions- The main provisions of the Trade Unions Act, 1926 relate to (i) registration of unions; (ii) rights and privileges; and (iii) obligations and liabilities of registered trade unions. For registration, the Act provides that any seven or more members of a trade union can apply to the Registrar, appointed under the Act, for registration of the union. At least half the total number of office bearers of a registered union must be persons actually engaged in the industry to which the union belongs. Persons convicted of offences involving moral turpitude are debarred from 176 becoming office bearers or members of the executive of a registered trade union. Under certain circumstances, the Registrar of Trade Unions is authorized to withdraw or cancel the registration. The Act stipulates that when once an application for registration has been entertained, it cannot be deemed to have become invalid, if at the time of registration some of the applicants not exceeding half of them cease to be members of the trade union or disassociate themselves from the application. The Act protects the office bearers and members of registered trade unions against criminal proceedings in respect of any agreement for the purpose of furtherance of any legal object of the union. They are also protected from civil suits in respect of any act done in contemplation or furtherance of trade dispute. The Act lays down the purpose for which the general funds of a registered trade union can be utilized. It is open to the unions to constitute a separate political fund for the promotion of civil and political interest of its members. The registered unions are also required to submit annual returns in the prescribed form to the Registrar alongwith an audited statement of income and expenditure. The Unions are required to submit annual returns on a calendar year basis. The account books of the unions and the list of members thereof are required to be kept open for inspection by an office bearer or member of the union. Under the Act, the Registrar or any other duly authorized officer is empowered to inspect or require production of the certificate of registration, account books, registers and other documents relating to trade unions for examining the returns submitted by them under Section 28 of the Act. Any changes in the name, constitution and rules of the union as well as the office bearers have to be notified to the Registrar. The Trade Unions Act, 1926 has been amended and enforced with effect from 9.1.2002 to ensure orderly growth of trade unions and reduce multiplicity of trade unions and promote internal democracy. Administration and Enforcement- The Act is administered by the State Governments which are required to appoint Registrars of Trade Unions to look after the proper compliance of the provisions of the Act. (b) The Industrial Employment (Standing Orders) Act, 1946 Scope and Objective The Industrial Employment (Standing Orders) Act, 1946 came into force on April 23, 1946. The Standing Orders define with sufficient precision the conditions of employment for information of workmen. The Act applies to the whole of India. It was initially made applicable to only those industrial units/undertakings/establishments wherein 100 or more workers were employed on any day of the preceding 12 months. Subsequently the Act was amended in 1961, 1963 and 1982. The Act empowers the appropriate Governments to extend the provisions to establishments employing less than 100 workers after giving not less than two months notice, of its intention to do so in the official gazette. The Act applies to all the Industrial Establishments as defined in clause (II) of Section 2 of the Payment of Wages Act, 1936 and factories as defined in clause (II) of Section 2 of the Factories Act, 1948; the Railways as defined in the Indian Railways Act, 1890 and establishment of a contractor who employs workmen for the purpose of fulfilling the contract with the owner of any Industrial Establishment. The Act does not, however, apply to workmen who are governed by the Fundamental and Supplementary Rules, Civil Service Temporary Service Regulations, Civilians in Defence Services (Classification, Control and Appeal) Rules or the Indian Railways Establishments Code or any other rules or regulations that may be notified in this behalf by the appropriate Government. The provisions of the Act also apply to newspaper establishments wherein 20 or more employees are employed by virtue of the 177 enforcement of the Working Journalists (Conditions of Service and Miscellaneous Provisions) Act, 1955. The main objectives of the Act, besides maintaining harmonious relationship between the employers and the employees, are to regulate the conditions of recruitment, discharge, disciplinary action, leave, holidays, etc. of the workers employed in industrial establishments. The Act amended in 1982 also provides for a payment of subsistence allowance to the workmen who are kept under suspension pending domestic enquiry. The rules regarding payment of subsistence allowance to the suspended workmen were further amended by a notification in 1984 facilitating payment during the suspension period, the subsistence allowance at the rate of 50 per cent of the wages, which he was entitled to immediately preceding the date of suspension, for the first 90 days, and 75 per cent of such wages subsequently for the remaining period of suspension, if the delay in completion of the disciplinary proceedings is not directly attributable to his conduct. The employer shall normally complete the enquiry within 10 days and the payment of subsistence allowance shall also be subject to the workman not taking any employment elsewhere during the period of suspension. Certifying Officer- As per Section 2(c) of the Act, all the Regional Labour Commissioners are Certifying Officers in relation to industrial establishments throughout the country under the control of the Central Government. However, for administrative convenience, they exercise the powers of Certifying Officers within their respective territorial jurisdictions. The Regional Labour Commissioners in the Chief Labour Commissioner‘s Office function as Certifying Officers in relation to industrial establishments falling in the Central Sphere and having branches in more than one State. Besides, Deputy Chief Labour Commissioner, New Delhi has also been appointed Certifying Officer in relation to industrial establishment falling in the Central Sphere. Procedure for Certification –Section 3 of the Act provides that within 6 months from the date on which the Act becomes applicable to an industrial establishment the employer shall submit to the Certifying Officer copies of the draft Standing Orders proposed by him for adoption in his industrial establishment. The Certifying Officer shall ensure that provision is made in the Standing Orders for every matter set out in the Schedule applicable to the industrial establishment and the Standing Orders are in conformity with the provisions of the Act. Certifying Officers and appellate authorities have been vested with powers of Civil Courts for the purposes of receiving evidence, administering oath, enforcing the attendance of witnesses. The progress of Certification of Standing Orders during the Calendar Years 2009 and 2010 is given in Table 9.13(a) and 9.13(b). 178 Table 9.13 (a) State-wise Progress of Certification of Standing Orders during 2009 under Industrial Employment (Standing Orders) Act, 1946 State/Union Territory Establishments coming within the purview of the Industrial Employment (Standing Orders) Act Establishments having Certified Standing Orders in respect of all or only a group of employees at the beginning of the year Number of Number employees covered 4 5 954 154894 2 4103 Number of employees covered 3 386054 2. Bihar 72 19493 72 19493 3. Goa 1967 108442 202 15928 4. Haryana 5281 618961 1316 210459 5. Himachal Pradesh 1494 187005 196 25213 6. Kerala 1395 252080 713 85975 7. Maharashtra 2773 683967 437 88304 8. Orissa 539 97027 253 60297 9. Punjab 9726 521946 1388 240515 10. Tripura 69 15341 63 14120 11. Uttarakhand 657 61898 357 41367 1 135 1 135 13. Chandigarh 228 13690 61 7375 14. Puducherry 931 86417 55 21618 29236 3052456 6068 985693 .. .. .. .. 29236 3052456 6068 985693 (20.76) (32.29) Number 1 1. Andhra Pradesh 12. A & N Islands Total State Sphere Undertakings Total Central Sphere Undertakings Grand Total 179 Table 9.13 (a) concld. State/Union Territory 1 1. Andhra Pradesh 2. Bihar 3. Goa 4. Haryana 5. Himachal Pradesh 6. Kerala 7. Maharashtra 8. Orissa 9. Punjab 10. Tripura 11. Uttarakhand 12. A & N Islands 13. Chandigarh 14. Puducherry Total State Sphere Undertakings Total Central Sphere Undertakings Number of applications for certification either for all or any group of employees in respect of establishments (i) which had Standing Orders only for a group or groups of employees (ii) which had no certified Standing Orders Pending at the Received Disposed Pending at beginning of during the off during the end of the year year the year the year 6 7 8 9 40 58 (13.36) 58 40 (2.69) (12.83) 55 (3.70) 81 (5.45) 199 (13.38) 52 (3.50) 71 (4.78) 90 (6.05) 773 (51.98) - 7 (1.61) 75 (17.28) 35 (8.06) 13 (3.00) 13 (3.00) 3 (0.69) 76 (17.51) - 2 (0.44) 118 (26.11) 33 (7.30) 27 (5.97) 10 (2.21) 1 (0.22) 97 (21.46) - 121 (8.14) - 111 (25.58) - 94 (20.80) - 138 2 (0.13) 3 (0.20) 1487 (100.00) .. - 1 (0.22) 11 (2.44) 452 (100.00) .. 1 43 (9.91) 434 (100.00) .. 1487 434 452 Grand Total - = Nil .. = Not available due to non-receipt of information. Note = Figures in brackets are percentage to total 180 60 38 201 38 74 92 752 - - 35 1469 .. 1469 Establishments having certified Standing Orders in respect of all or only a group of employees at the end of the year Number Number of employees covered 10 11 1012 169848 (15.59) (16.25) 72 19493 (1.11) (1.87) 209 16844 (3.22) (1.61) 1434 222967 (22.09) (21.34) 229 29030 (3.53) (2.78) 717 87812 (11.05) (8.40) 447 91411 (6.89) (8.75) 254 60754 (3.91) (5.81) 1485 253759 (22.88) (24.28) 63 14120 (0.97) (1.35) 451 49695 (6.95) (4.76) 1 135 (0.01) (0.01) 62 7469 (0.95) (0.72) 55 21618 (0.85) (2.07) 6491 1044955 (100.00) (100.00) .. .. 6491 (22.20) 1044955 (34.23 ) Table 9.13 (b) State-wise Progress of Certification of Standing Orders during 2010 under Industrial Employment (Standing Orders) Act, 1946 State/Union Territory Establishments coming within the purview of the Industrial Employment (Standing Orders) Act Establishments having Certified Standing Orders in respect of all or only a group of employees at the beginning of the year Number of Number employees covered 4 5 1012 169848 2 3429 Number of employees covered 3 362905 2. Bihar 72 19493 72 19493 3. Goa 1967 108442 207 16735 4. Haryana 5482 651183 1434 222967 5. Himachal Pradesh 1713 212160 229 29030 6. Karnataka 1447 261858 692 151691 7. Kerala 1572 229987 740 87960 8. Maharashtra 2822 609750 447 91411 9. Meghalaya 5 644 5 675 10. Orissa 546 99670 254 60754 11. Punjab 8846 20375 1485 253759 12. Rajasthan 3364 457328 919 196765 13. Uttarakhand 729 69124 451 49695 14. Chandigarh 229 14393 62 7469 15. Puducherry 931 86417 55 21618 33154 3203729 8064 1379870 .. .. .. .. 33154 3203729 8064 1379870 (24.32) (43.07) Number 1 1. Andhra Pradesh Total State Sphere Undertakings Total Central Sphere Undertakings Grand Total 181 Table 9.13 (b) concld. State/Union Territory 1 1. Andhra Pradesh 2. Bihar 3. Goa 4. Haryana 5. Himachal Pradesh 6. Karnataka 7. Kerala 8. Maharashtra 9. Meghalaya 10. Orissa 11. Punjab 12. Rajasthan 13. Uttarakhand 14. Chandigarh 15. Puducherry Total State Sphere Undertakings Total Central Sphere Undertakings Grand Total Number of applications for certification either for all or any group of employees in respect of establishments (i) which had Standing Orders only for a group or groups of employees (ii) which had no certified Standing Orders Pending at the Received Disposed Pending at beginning of during the off during the end of the year year the year the year 6 7 8 9 40 46 (10.31) 46 40 (2.52) (11.06) 60 (3.77) 38 (2.39) 201 (12.64) 78 (4.91) 38 (2.39) 74 (4.65) - 4 (0.90) 61 (13.68) 32 (7.17) 82 (18.39) 12 (2.69) 21 (4.71) - 2 (0.48) 59 (14.18) 46 (11.06) 75 (18.03) 10 (2.40) 9 (2.16) - 92 (5.79) 752 (47.30) 43 (2.70) 138 (8.68) 1 (0.06) 35 (2.20) 1590 (100.00) .. 9 (2.02) 60 (13.45) 29 (6.50) 68 (15.25) 22 (4.93) 446 (100.00) .. 5 (1.20) 73 (17.55) 24 (5.77) 44 (10.58) 1 (0.24) 22 (5.29) 416 (100.00) .. 1590 446 416 62 40 187 85 40 86 96 739 48 162 35 1620 .. 1620 Establishments having certified Standing Orders in respect of all or only a group of employees at the end of the year Number Number of employees covered 10 11 841 139425 (10.25) (10.00) 72 19493 (0.88) (1.40) 211 19401 (2.57) (1.39) 1493 229987 (18.20) (16.49) 275 34478 (3.35) (2.47) 717 172516 (8.74) (12.37) 750 85428 (9.14) (6.13) 447 72225 (5.45) (5.18) 5 644 (0.06) (0.05) 259 62751 (3.16) (4.50) 1568 268938 (19.11) (19.29) 953 204103 (11.62) (14.64) 495 55231 (6.03) (3.96) 63 8172 (0.77) (0.58) 55 21618 (0.67) (1.55) 8204 1394410 (100.00) (100.00) .. .. 8204 (24.75) 1394410 (43.52 ) - = Nil .. = Not Available due to non-receipt of information NOTE: 1. Figures in brackets are percentages to total. 2. Percentages in brackets of Grand Total in cols. 4 and 5 as well as cols. 10 and 11 are with reference to cols. 2 and 3. 3. Figures under Col.6 are not strictly comparable over the years as the responding States/UTs vary year to year. 182 Modification of Standing Orders – Section 10 of the Act makes provision for modification of the Certified Standing Orders. If the management and the workmen agree, the standing orders can be modified even before the expiry of the prescribed time limit. Enforcement –The following offences are punishable under Sections 18 of the Act and the Central Industrial Relations Machinery is to take action wherever infringements of the same come to their notice: Failure on the part of an employer to submit draft Standing Orders as required under Section 3. Modification by employer of the Certified Standing Orders otherwise than in accordance with the prescribed procedure. Any action of the employer in contravention of the provisions of the Certified Standing Orders. (b) The Industrial Disputes Act,1947£ Object and Scope-The Industrial Disputes Act was passed in March, 1947 repealing the Trade Disputes Act, 1929. The Act extends to the whole of India. The Act of 1947 was a comprehensive measure adopted by the Central Government with a view to improving industrial relations. The Act introduced the principle of compulsory arbitration and prohibited strikes without notice in public utility services. It also provided, for the first time two new institutions, viz. (i) Works Committees consisting of representatives of employers and employees in undertakings employing 100 or more workers, and (ii) Industrial Tribunal for the adjudication of industrial disputes. The main provisions of the Act relate to (i) works committees, (ii) conciliation and adjudication machinery, (iii) strikes and lockouts and (iv) lay-off, retrenchment and closure. The Act has been amended to amplify the term ‗appropriate government‘ defined under Section 2(a) of the Act, enhance the wage ceiling from Rs.1,600/- to Rs.10,000/- per month to cover workmen working in supervising capacity, provide direct access for the workman to the Labour Court or Tribunal in case of disputes arising out of Section 2A of the Act, expand the scope of qualifications of Presiding Officers of Labour Courts or Tribunals, establish Grievance Redressal Machinery and empowering the Labour Court or Tribunal to execute the awards etc. The amendment has been notified on 19.08.2010 and made effective from 15.09.2010. 11. MISCELLANEOUS The Children’s (Pledging of Labour) Act, 1933 The Act was passed in February 1933 to eradicate the evils arising from the pledging of the labour of young children by their parents to employers in lieu of loans or advances. The Act applies to the whole of India. It declares void an agreement written or oral, to pledge the labour of a child below 15 years by the child‘s parent or guardian in return for any payment or benefit. However, an agreement made without detriment to a child and not made in consideration of any benefit other than reasonable wages to be paid for the child‘s services and terminable at not more than a week‘s notice is not to be deemed to be an illegal agreement. A person who knowingly enters into an agreement with a parent or guardian of a child whereby such parent or guardian pledges the labour of the child, or an employer who knowingly employs such a child, is liable to be fined. (a) £ For data on Strikes and Lockouts kindly see Chapter 4 (2). 183 (b) The Child Labour (Prohibition and Regulation) Act, 1986 Object and Scope- The main object of the Act is to prohibit the engagement of children (who have not completed fourteenth year of age) in certain employments and to regulate the conditions of work of children in certain other employments. The Act envisages that no child shall be employed or permitted to work in any of the occupations set forth in part A and B of the Schedule to the Act. Through a Notification dated 26.5.1993, the working conditions of children have been regulated in all employments, which are not prohibited under the Child Labour (Prohibition & Regulation) Act, 1986. Through later Notifications, the Schedule has been substantially enlarged to bringing the total to 18 hazardous occupations and 65 processes. Section 5 of the Act provides for the constitution of a Child Labour Technical Advisory Committee to advise the Central Government for the purpose of addition of occupations and processes to the Schedule of the Act. The Committee consists of a Chairman and such other members not exceeding 10 as may be appointed by the Central Government. The Central Government shall be the appropriate Government in relation to an establishment under its control or a railway administration or a major port or a mine or oilfields and in all other cases, the State Government shall be the appropriate Government. Main Provisions- The Act provides that no child shall be permitted or required to work between 7 p.m. and 8.a.m. and shall not be permitted to work overtime. The period of work on each day shall be so fixed that no period shall exceed three hours and that no child shall work for more than three hours before he has had an interval for rest for at least one hour. The period of work of a child shall be so arranged that inclusive of his interval for rest, it shall not be spread over more than six hours including the time spent in waiting for work on any day. No child shall be required or permitted to work in any establishment on any day on which he has already been working in another establishment. Every child employed in an establishment shall be allowed in each week, a holiday of one whole day. The employer will notify the Inspector in case he engages a child for employment. The Act also provides for the Health and Safety of the children and the appropriate Government may make rules for the health and safety of the children employed in any establishment or class of establishments. The Child Labour (Prohibition and Regulation) Rules 1988 were published in the Gazette of India dated the 30th August, 1988 and came into force from that date. These Rules mainly deal with the terms of office of the members of committee, the secretary, allowance of non-official members, removal of chairman or member of the Committee, quorum, decision by majority and the sub-committees. Besides, the Rules provide for maintenance of a register by the occupier of establishment in respect of the Children employed by him. Production of a certificate of age is also required under these rules. Penalties- Any employer who employs any child or permits any child to work in contravention of the provisions of section 3 of the Act shall be punishable with imprisonment for a term which shall not be less than three months but may extend to one year or with fine which shall not be less than ten thousand rupees but may extend to twenty thousand rupees or both. In case the offence is repeated, the term of imprisonment shall not be less than six months but which may extend to two years. Any person found guilty and convicted of contravention of any of the provisions mentioned in sub-section (2), shall be liable to penalties as provided in sub-section (1) and (2) of Section 14 of this Act and not under the Acts in which those provisions are contained. The provisions referred to are (a) section 67 of the Factories Act, 1948, (b) section 40 of the Mines Act,1952, (c) section 109 of the Merchant Shipping Act,1958 and (d) section 21 of the Motor Transport Workers‘ Act, 1961. 184 Every rule made under this Act and every notification issued under Section 4 of the Act by the Central Government and every rule made by a State Government under the Act shall be laid before each House of the Parliament, State Legislature respectively and shall have effect only in such modified form as agreed by both the Houses of Parliament/State Legislature or be of no effect, as the case may be. Subject to the provisions contained in Section 15, the provisions of this Act and the rules made thereunder be in addition to, and not in derogation of the provisions of the Factories Act, 1948, the Plantations Labour Act, 1951 and the Mines Act, 1952. Repeal- Notwithstanding the repeal of the Employment of Children Act, 1938 (26 of 1938), anything done or any action taken or purported to have been done or taken under the Act so repealed, shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act. The Minimum Wages Act, 1948; the Plantations Labour Act, 1951; the Merchant Shipping Act, 1958 and the Motor Transport Workers‘ Act, 1961 were also amended in accordance with the provisions of this Act. (c) The Collection of Statistics Act, 2008 The Collection of Statistics Act, 2008 was enacted by the Parliament on 7 th January 2009. It was brought into force on 11th June 2010. The Act repealed the Collection of Statistics Act, 1953. Rules under the Act, namely, the Collection of Statistics Rules, 2011 were notified on 16th May 2011. Some of the salient features of the Collection of Statistics Act, 2008 and the Rules made thereunder are as follows: The Act provides for collecting statistics on economic, demographic, social, scientific and environmental aspects not only from industrial and commercial concerns but also from individuals and households. The Central/State Governments, UT Administrations and the local governments such as Panchayats and Municipalities have been empowered to collect any statistics. Any of them may appoint a statistics officer for each subject of data collection and/ or for each geographical unit. Duplication of surveys has been a matter of concern, as it not only leads to wastage of resources on survey work, but also may give rise to conflicting statistics. The Act empowers the Central Government to make rules for avoiding duplication. The Rules made under the Act provide for designating a nodal officer at the Centre and in each State/ UT who would advice the concerned line Ministries on steps to be taken to avoid unnecessary duplication. The Act provides for all methods of data collection including oral interviews and filing of returns electronically. The information collected from any informant under the Act cannot be made use of for any purpose other than for prosecution under the Act or for statistical purposes. In other words, the information collected cannot be used as evidence for prosecution under any other law. The Act provides penalties for neglect or refusal to furnish information. The penalty is up to Rs.1,000/- for individuals (Rs.5,000/- in case of a company). More importantly, the obligation to furnish information under the Act will not cease after conviction for an offence. If the concerned person continues to neglect or refuse to furnish information after the expiry of fourteen days from the date of conviction, then he may be punished with a further fine up to Rs.1,000/- (Rs.5,000/- in case of a company) for each day after the first during which the failure continues. 185 (d) The Act provides for stringent penalties for furnishing false information and for other serious offences in the form of simple imprisonment up to six months or with a fine or with both. The Act and the Rules made thereunder provide for adequate confidentiality for the data collected and for appropriate safeguards when data collection is outsourced. Disclosure of information collected from any person without suppressing the identification particulars of that person is not permitted under the Act. Prosecution for offences committed under the Act would be by way of a summary trial. The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 The Act came into force with effect from the 1st May, 1960 and has been implemented in all the States in the country. It covers all establishments in Public Sector and non-agricultural establishments employing 25 or more workers in the Private Sector. It is not applicable in relation to vacancies (a) in any agriculture (including horticulture) establishments in private sector other than employment as agricultural or farm machinery operatives, (b) in any employment in domestic service, (c) in any employment, the total duration of which is less than 3 months, (d) in any employment to do unskilled office work e.g., daftary, jamadar, orderly, peon, dusting man, record lifter, process server, watchman, sweeper and any other employee doing any routine or unskilled work which the Central Government by notification, may declare to be unskilled office work, and (e) any employment connected with the staff of the Parliament. Unless the Central Government otherwise directs by notification in the Official Gazette in this behalf, the Act is not applicable in relation to (a) vacancies which are proposed to be filled through promotion or by absorption of surplus staff of any branch or department of the same establishment or on the result of any examination or interview held by, or on the recommendations of any independent agency, such as, the Union or State Public Service Commission and the like and (b) vacancies in any employment which carry a remuneration of less than Rs. 60 in a month. The Act requires that in any State or area thereof the employer in every establishment in public or private sector shall, before filling up any vacancy, notify them to employment exchanges. It also enjoins upon the Employers to furnish information about the number and type of vacancies occurred and filled during each quarter and the occupational and educational pattern of employees with them every alternate year. State Employment Market Information Units have been set up at each State Headquarter and Employment Market Information units have been set up at more than 500 districts in the country to maintain close liaison with employers. The Employment Officers of these units are provided extensive training by the State as well as Central Government in the field. Special stress is laid on using persuasive rather than coercive methods in collection of information under the Act. In case of Government establishments liaison is maintained even at the level of the Head Quarter of the organization so that the field units do not lag behind in providing information. In case of Private Sector employers‘ personal contact through telephone, internet, fax and finally personal visits is the key to collection of information. The utility of the information in National Planning is stressed and employers are assured that the information provided by them would not put them in any disadvantageous position. The legal provisions in the Act, of prosecution of the employers, for non-rendering of information are used only in rare cases where all persuasion fails. There is a network of 966 Employment Exchanges in the country as on 31.07.2011. (e) The Apprentices Act, 1961 The Apprentices Act, 1961 came into force on March 1, 1962. The main object of the Act is to provide for the regulation and control of training of apprentices in trades and for matters connected therewith. The Act extends to the whole of India. The Act makes it obligatory on the 186 part of employers both in Public and Private Sector establishments having requisite training infrastructure as laid down in the Act, to engage apprentices in 254 groups of industries and 27000 establishments covered under the Act. As on 30.09.2012, a total of 223137 training seats for the trade apprentices have been utilized against 337111 seats identified in establishments covered under the Act. Out of 223137 seats utilized, the utilization for various categories was: 27808 for SCs, 11151 for STs, 12487 for Minorities, 875 for physically handicapped and 9920 for Women. (f) The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 The object of the Act is to regulate the conditions of work in beedi and cigar manufacturing establishments and to provide for the welfare of workers employed therein. It extends to the whole of India except the State of Jammu and Kashmir but all or any of its provisions becomes operative in any State or part of it only from such date as notified by the State Government. Under the Act, an industrial premises is defined as a place or premises including precincts thereof in which or in any part of which an industry or manufacturing process connected with the making of beedi or cigar or both is carried on with or without the aid of power. The Main provisions of the Act relate to (i) health and welfare, (ii) hours of work and wages for overtime, (iii) employment of young persons and women, and (iv) leave and holidays. The administration of the Act rests with the State Governments. (g) The Contract Labour (Regulation and Abolition) Act, 1970 The Contract Labour (Regulation & Abolition) Act aims at regulating employment of contract labour so as to place it at par with labour employed directly, with regard to the working conditions and certain other benefits. Contract labour refers to the workers engaged by a contractor for the user enterprises. These workers are generally engaged in agricultural operations, plantation, construction industry, ports & docks, oil fields, factories, railways, shipping, airlines, road transport, etc. The Act applies to every establishment/ contractor in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour. Every establishment and contractor, to whom the Act applies, have to register themselves or obtain a license for execution of the contract work. The interests of contract workers are protected in terms of wages, hours of work, welfare, health and social security. The amenities to be provided to contract labour include canteen, rest rooms, first aid facilities and other basic necessities at the work place like drinking water etc. The liability to ensure payment of wages and other benefits is primarily that of the contractor, and in case of default, that of the principal employer. The Act is implemented both by the Centre and the State Governments. The Central Government has jurisdiction over establishments like railways, banks, mines etc. and the State Governments have jurisdiction over units located in that state. In the Central sphere, the Central Industrial Relations Machinery (CIRM) headed by Chief Labour Commissioner (Central) and his officers have been entrusted with the responsibility of enforcing the provisions of the Act and the rules made thereunder. Apart from the regulatory measures provided under the Act for the benefit of the contract labour, the 'appropriate government' under the Act is authorised, as the case may be, to prohibit, by notification in the official gazette, employment of contract labour in any establishment in any process, operation or other work. 187 (h) The Equal Remuneration Act, 1976 Consequent upon the ratification of ILO Convention No.100, the Equal Remuneration Act, 1976 was passed by the Parliament. The main object of this Act is to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination on the ground of sex, against women in the matter of employment and for matters connected therewith or incidental thereto. The Act extends to the whole of India. Under this Act, no employer shall pay to any worker, employed by him in an establishment or employment, remuneration, whether payable in cash or in kind at rates less favorable than those at which remuneration is paid by him to the workers of the opposite sex in such establishment or employment for performing the same work or work of similar nature. ―Same work or work of a similar nature‖ has been defined as work in respect of which the skill, effort and responsibility required are the same, when performed under similar working conditions, by a man or a woman and the differences, if any, between the skill, effort and responsibility required of a man and those required of a woman are not of practical importance in relation to the terms and conditions of employment. In case, before the commencement of this Act, the remuneration for men and women were being paid differently, then the higher (in cases where there were two rates) or the highest (in cases where there were more than two rates) of such rates would be the rate at which remuneration would be payable, on and from such commencement, to such men and women workers as may be prescribed. No discrimination is to be made while recruiting men and women workers for the same or a similar nature of work except where the employment of women in such work is prohibited or restricted by or under any law for the time being. (i) The Bonded Labour System (Abolition) Act, 1976 The practice of bonded labour system has been abolished throughout the country with the enactment of Bonded Labour System (Abolition) Act, 1976 and made a cognizable offence punishable by law. Though the responsibility of implementing the Act lies with the State Government, the Ministry of Labour and Employment, Government of India supplements the efforts of the State Governments by providing a Central assistance on matching grants (50:50) basis for the rehabilitation of bonded labour under a Centrally Sponsored Plan Scheme for rehabilitation of bonded labour. The scheme was launched by Ministry of Labour & Employment in May, 1978. The said Plan Scheme has been drastically modified in May 2000 to provide for 100 per cent assistance for conducting district wise surveys for identification of bonded labour, awareness generation activities, and evaluatory studies. The Rehabilitation grant has also been raised from Rs.10,000/-per identified bonded labour to Rs.20,000/-per identified bonded labour. Further, in the case of North-Eastern States, 100 per cent rehabilitation grant is provided in case they fail to provide their matching contribution. Besides, the State Governments have also been advised to integrate/dovetail the Centrally Sponsored Scheme for rehabilitation of bonded labour with other ongoing poverty alleviation schemes. A Special Group has been constituted under the Chairmanship of the Secretary (Labour and Employment) to review the implementation of the Bonded Labour System (Abolition) Act, 1976. (j) The Sales Promotion Employees’ (Conditions of Services) Act, 1976 The main object of this Act is to regulate certain conditions of service of sales promotion employees in certain establishments. The Central Government is responsible for the framing of the rules concerning this Act. The Act in the first instance applies to every establishment engaged in pharmaceutical industry. However, the Central Government, by notification, can apply the provisions of the Act to any other establishment engaged in the notified industry. The provisions of the Workmen‘s Compensation Act, 1923, the Industrial Disputes Act, 1947, the Minimum Wages Act, 1948, the 188 Maternity Benefit Act, 1961, the Payment of Bonus Act 1965 and the Payment of Gratuity Act, 1972 have been made applicable to sales promotion employees. In addition to casual leave or other kinds of leave, as may be prescribed, every sales promotion employee will be entitled to earned leave on full wages for not less than one-eleventh of the period spent on duty and leave on medical certificate on one half of the wages for not less than one eighteenth of the period of service. (k) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980 came into force with effect from the 2nd October, 1980. The Act is intended to safeguard the interests of the workmen who are recruited by contractors from one State for service in an establishment situated in another State and to guard against the exploitation of such workmen by the contractors. The Act regulates the employment of inter-state migrant workmen and also provides for their conditions of service and for matters connected therewith. It extends to the whole of India and applies to every establishment in which five or more inter-State migrant workmen (whether or not in addition to other workmen) are employed or who were employed on any day of the preceding twelve months. It also applies to every contractor who employs or who employed five or more inter-State migrant workmen on any day of the preceding twelve months. The Act provides for registration of certain establishments, prohibition against employment of inter-State migrant workmen, registration, licensing of contractors, duties and obligations of contractors, wages and other conditions of service of such workmen, appointment of Inspection staff, etc. (l) The Emigration Act, 1983 The Emigration Act, 1983, which came into effect from 30th December, 1983 embodies the guidelines enunciated by the Supreme Court of India in its judgement and order dated 20-03-1979 (Kanga Vs. Union of India and Others) and provides a regulatory framework in respect of emigration of Indian workers for overseas employment and seeks to safeguard their interests, and ensure their protection and welfare. Procedural safeguards have been provided under the law for protection of emigrants. The Act regulates recruitment for overseas employment and departure of the intending emigrants from India. It provides for penalties against offences. Operational matters relating to emigration, the provision of emigration services to emigrants and the enforcement of the Emigration Act, 1983 are under the Protector General of Emigrants (PGE). The PGE is the statutory authority under the Emigration Act and responsible for the welfare and protection of emigrant workers. The Emigration Act, 1983 (Section 10) requires that those who wish to recruit Indian citizens for employment abroad shall register themselves with the PGE. The fee prescribed under Rule 7(2) for registration is Rs.25, 000/-. Initially, the Registration Certificate (RC) is valid for a period of five years. The applicant is required to deposit Bank Guarantee for an amount of Rs.20 lakh on being found eligible for grant of RC. The registration of Recruiting Agents under the Emigration Act, 1983, commenced from January, 1984, and as on 31 December, 2012, there are 1439 Recruiting Agents with valid RC. This figure includes seven State Manpower Export Corporations established in the State of Haryana, Kerala, Andhra Pradesh, Bihar, Tamil Nadu, Rajasthan and Punjab. While majority of recruitments are done through registered Recruiting Agents, employment can also be done by an employer directly by obtaining a Permit from the Competent Authority as per provisions under Section 16 of the Emigration Act, 1983. Foreign Employer can also recruit workers from India for a specific project through Project Exporter. The PGE has been empowered by the Central Government to function as a Registering Authority to regulate the recruitment through recruiting agents and also as Competent Authority to regulate direct recruitment by employers. 189 There are about five million overseas Indian workers all over the world. More than 90% of these workers are in the Gulf countries and in South-East Asia. During 2012, 7,47,041 workers emigrated from India after obtaining emigration clearance. Out of this, 3,57,503 went to Saudi Arabia, 1,41,138 to UAE, 84,384 to Oman, 63,096 to Qatar, and 21,241 to Malaysia. States of Uttar Pradesh, Kerala, Andhra Pradesh, Bihar, Tamil Nadu, Rajasthan and Punjab were the leading sourcing States in order of the numbers who emigrated from these States. Major outflow of emigrant workers in the last few years from India has been to the Gulf countries where about four million workers are estimated to be employed. A vast majority of migrants to the Middle East, including Gulf countries are semi-skilled and unskilled workers and most of them are temporary migrants who return to India after expiry of their contractual employment. The number of emigration clearances granted by the eight offices of the Protector of Emigrants was 6,41,355 in 2010, in the year 2011 the figure was 6,26,565. One more office of Protector of Emigrant, Jaipur was inaugurated in January, 2012. The year 2012, registered an increase in the number of emigrants by about 28% as compared to the previous year i.e. 2011 (7.47 lakhs in comparison to 6.26 lakhs). (m) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the Building and Other Construction Workers Welfare Cess Act, 1996 Two Acts viz., the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the Building and Other Construction Workers Welfare Cess Act, 1996 have been brought on the Statute Book w.e.f. 20.8.1996. The legislation seeks to provide for regulation of employment and conditions of service of the building and other construction workers including fixing of hours of work, wages and overtime, dispute resolutions, welfare amenities like drinking water, latrines, urinals, crèches, first aid and canteens etc. Compulsory temporary living accommodation to all building workers within or near the work site has been provided for. On safety aspects, constitution of safety committee in larger establishments, provisions of notification of fatal accidents, etc. have been provided for. Appropriate Government would be framing detailed rules for safety measures and equipments required to be provided to the building workers. On the welfare measure, a welfare fund is required to be created by each State for which the major source of funding should be levy of Cess at the rate of 1 per cent of the cost of construction incurred by an employer has been notified. The Central Govt. being appropriate Government for Central Sphere establishments has also notified Registering Officers, Appellate Officers, Director General of Inspection and Inspectors for enforcement of the Act. 190 CHAPTER 10 AGRICULTURAL/RURAL LABOUR Agricultural labour, which constitutes a major part of the rural labour in the country, is the most disadvantageous section of the population as they have not much benefited from the socialeconomic development witnessed after independence. They are unorganised and hence deprived of the benefits of most of the labour enactments. The total population, total number of main workers and the number of agricultural workers (including agricultural labourers) for the Census years 1951 to 2011 are given in Table 10.01. Table 10.01 Cultivators 1 1951@ 2 356.86 3 139.42 4 27.50 5 69.74 Agricultural Labourers 6 7 97.24 69.75 (27.3) 1961@ 439.24 188.68 31.52 99.62 131.14 69.51 (29.9) 1971 548.16 180.48 47.49 78.27 125.76 69.68 (22.9) 1981* 665.29 222.52 55.50 92.52 148.02 66.52 (22.2) 1991@ 838.58 285.93 74.60 110.70 185.30 64.81 (22.1) 2001 1025.25 313.17 107.45 127.63 235.08 75.06 (22.9) 2011 1210.57 362.45 144.33 118.69 263.02 72.57 (21.7) Note: - Figures in brackets in Col.6 are percentages to those in Col.2. @ Exclusive of figures for Jammu & Kashmir as no Census was conducted in that State * Exclusive of figures for Assam. Source: As percentage to Agricultural workers (Col.6) Agricultural Labourers Agricultural Workers As percentage to total workers (Col.3) Total Workers As percentage to total workers (Col.3) Total Population Total Census year All Occupations (Main workers) Total Population, Total Workers and Agricultural Workers for the Census years 1951 to 2011 All-India (In millions) 8 19.72 9 28.28 16.71 24.04 26.31 37.76 24.94 37.49 26.09 40.26 34.31 45.71 39.82 54.87 Website of the Ministry of Home Affairs, Office of the Registrar General of India. The table reveals a fluctuating trend in the proportion of agricultural workers to total population during the period 1951 to 2011. It increased from 27.3 per cent in 1951 to 29.9 percent in 1961 and thereafter noticed a declining trend to reach at 22.1 per cent in 1991. It however depicted a marginal increase in 2001 and subsequent decrease in 2011. However, in absolute terms, it continued increasing during this period, except during the decade 1961-71. Similarly, during this period, there has been a steady increase in the number of agricultural labourers. The number of agricultural workers increased by about 170 per cent whereas the agricultural labourers increased by about 425 per cent during this period. 191 State-wise distribution of total population, working force and agricultural labourers as revealed by 2011 Census has been presented in Table 10.02. Table 10.02 Population, Working Force, Main Workers and Agricultural Labourers by Sex and by States/Union Territories (as per 2011Census) (In Millions) Total As % age to Agricultural Workers Females As % age to main workers Agricultural Labourers Males 1 2 India/ States 1. Andhra Pradesh 2. Arunachal Pradesh 3. Assam 4. Chattisgarh 5. Bihar 6. Goa 7. Gujarat 8. Haryana 9. Himachal Pradesh 10. Jammu & Kashmir 11. Jharkhand 12. Karnataka 13. Kerala 14. Madhya Pradesh 15. Maharashtra 16. Manipur 17. Meghalaya 18. Mizoram 19. Nagaland 20. Odisha 21. Punjab 22. Rajasthan 23. Sikkim 24. Tamil Nadu 25. Tripura 26. Uttar Pradesh 27. Uttarakhand 28. West Bengal Union Territories 1. A & N Islands 2. Chandigarh 3. D & N Haveli 4. Daman & Diu 5. Delhi 6. Lakshadweep 7. Puducherry (Cultivators & Agricultural Labourers) Population Working Agricultural Force Workers (Main Workers) All India/State/ Union Territories 3 1210.57 84.58 1.38 31.21 25.55 104.10 1.46 60.44 25.35 6.86 12.54 32.99 61.10 33.41 72.63 112.37 2.57 2.97 1.10 1.98 41.97 27.74 68.55 0.61 72.15 3.67 199.81 10.09 91.28 4 362.45 33.04 0.48 8.69 8.24 21.36 0.48 20.37 7.02 2.06 2.64 6.82 23.40 9.33 22.70 43.76 0.86 0.92 0.42 0.74 10.71 8.45 21.06 0.23 27.94 1.08 44.64 2.87 25.69 5 263.02 23.46 0.33 5.91 9.09 25.54 0.06 12.29 4.01 2.24 1.8 8.25 13.74 1.99 22.03 26.06 0.57 0.69 0.27 0.6 10.84 3.52 18.56 0.15 13.86 0.65 39 1.98 15.31 6 82.74 8.13 0.02 1.13 2.34 12.57 0.01 3.65 1.04 0.10 0.41 2.34 3.28 0.86 6.31 6.77 0.04 0.11 0.02 0.03 3.48 1.24 2.13 0.01 4.84 0.21 13.80 0.29 7.45 7 61.59 8.84 0.02 0.72 2.75 5.77 0.01 3.19 0.49 0.07 0.13 2.09 3.87 0.46 5.88 6.71 0.07 0.09 0.02 0.03 3.26 0.35 2.81 0.01 4.76 0.14 6.14 0.12 2.74 8 144.33 16.97 0.03 1.85 5.09 18.34 0.03 6.84 1.53 0.18 0.55 4.44 7.16 1.32 12.19 13.49 0.11 0.20 0.04 0.06 6.74 1.59 4.94 0.03 9.61 0.35 19.94 0.40 10.19 9 39.82 51.36 6.25 21.29 61.77 85.86 6.25 33.58 21.79 8.74 20.83 65.10 30.60 14.15 53.70 30.83 12.79 21.74 9.52 8.11 62.93 18.82 23.46 13.04 34.40 32.41 44.67 13.94 39.67 10 54.87 72.34 9.09 31.30 56.00 71.81 50.00 55.66 38.15 8.04 30.56 53.82 52.11 66.33 55.33 51.77 19.30 28.99 14.81 10.00 62.18 45.17 26.62 20.00 69.34 53.85 51.13 20.20 66.56 0.38 1.06 0.34 0.24 16.79 0.06 1.25 0.13 0.39 0.13 0.12 5.31 0.01 0.40 0.02 * 0.05 * 0.07 0.08 * * 0.01 * 0.03 0.04 * * 0.01 * 0.01 0.03 * * 0.02 * 0.04 0.07 3.80 0.44 15.38 0.66 0.75 17.50 22.40 39.55 40.00 25.00 57.14 87.50 N.B. : The Totals may not tally due to rounding off. * = Less than 5000 Source: Ministry of Home Affairs, Office of the Registrar General of India. 192 - = Nil 2. RURAL /AGRICULTURAL LABOUR ENQUIRIES Introduction: It has always been main objective of the Government of India to ensure fuller opportunities for work and better living to the rural labourers as they constitute the major part of the labour force in the country. With this objective in view, Labour Bureau was entrusted with the work of conducting Rural Labour Enquiries (RLE). Under RLE, data on various socio-economic aspects of rural and agricultural labour are collected and analysed on quinquennial basis. The First Rural Labour Enquiry, preceded by two Agricultural Labour Enquiries, was conducted in the year 1963-65. The RLE was integrated with the General Employment & Unemployment Survey of the NSSO in the year 1977-78 so as to narrow down the gap between the successive rounds of the Enquiries. The latest RLE (2009-10) has already been completed and the results are being generated. The data pertaining to Agricultural and Rural Labour Households collected under each of the quinquennial surveys conducted by the NSSO are processed by the Labour Bureau and reports on different aspects of Agricultural/Rural Labour Households viz; Indebtedness, Consumption Expenditure, Wages & Earnings, Employment & Unemployment and General Characteristics of Rural Labour Households are brought out for each round of the NSSO. All RLE Reports based on 61st NSS (2004-05) Round has already been compiled and released by the Bureau. The concepts and definitions over successive enquiries have been refined to generate better estimates. These changes affected the comparability of data to some extent for different enquiries. During the First Agricultural Labour Enquiry, the Agricultural Labour Household was defined on the basis of employment criteria, whereas with effect from the second Agricultural Labour Enquiry, the basis was changed to income. While only households engaged in crop production were covered for the first enquiry, all households engaged in activities like dairy farming, horticulture, raising of livestock etc. were also included in second Agricultural Labour Enquiry. The concepts and definitions adopted for first and second Rural Labour Enquiries were identical but some additional information regarding educational standards, trade unionism and awareness of the Minimum Wages Act was also collected during second Rural Labour Enquiry. Data on employment and unemployment were collected adopting the usual activity status, current weekly status and current day activity status as recommended by the Committee of Experts on Unemployment Estimates (1970). During the 32nd, 38th, 43rd, 50th, 55th, 61st and 66th rounds of N.S.S., some additional information on subsidiary occupations etc. of the members of the households was also collected. Wages & Earnings of Rural Labour Households: Many socio-economic factors affect the wage structure in rural India. Despite the beneficial provision of the Minimum Wages Act, 1948 for agricultural labourers, the wages are not consistent. Seasonal phenomenon in agriculture also plays a pivotal role in the wage structure. During the peak agricultural season, the increased demand for labour pushes up the wages whereas during the agricultural lean season there is hardly any work for a large number of workers and the application of even the statutory minimum wages becomes difficult. The details on earnings for the reference week were collected during the Rural Labour Enquiry for each of the activities engaging the household members on wage paid labour. The number of days to which the earnings related were recorded in terms of defined intensities. The time-intensity of an activity was measured in half-day unit. The details of the average daily earnings in respect of agricultural and non-agricultural operations are presented in table 10.03. 193 Table 10.03 Average Daily Earnings in Agricultural and Non-Agricultural Operations in Agricultural/Rural Labour Households All-India ( In Rs.) Operations Agricultural Labour Households 1993-94 19992004-05 2000 2 3 4 1 I All Agricultural Operations (i) Men (ii) Women (iii) Children Principal Agricultural Operations Men (i) Ploughing (ii) Sowing (iii) Weeding (iv) Transplanting (v) Harvesting (vi) Cultivation (vii) Forestry (viii) Plantation (ix) Animal Husbandry (x) Fisheries (xi) Others (Agr.) Women (i) Ploughing (ii) Sowing (iii) Weeding (iv) Transplanting (v) Harvesting (vi) Cultivation (vii) Forestry (viii) Plantation (ix) Animal Husbandry (x) Fisheries (xi) Others (Agr.) Children (i) Ploughing (ii) Sowing (iii) Weeding (iv) Transplanting (v) Harvesting (vi) Cultivation (vii) Forestry (viii) Plantation (ix) Animal Husbandry (x) Fisheries (xi) Others (Agr.) II Non-Agricultural Operations (i) Men (ii) Women (iii) Children Rural Labour Households 1993-94 1999-2000 2004-05 5 6 7 21.34 15.18 12.45 40.15 28.38 24.23 47.53 33.41 29.55 21.52 15.33 12.32 40.58 28.57 24.32 48.07 33.77 29.93 21.17 21.63 18.40 19.85 20.75 21.31 23.54 30.60 16.29 35.58 22.10 42.36 38.75 34.99 39.53 38.44 39.31 46.03 58.27 32.25 54.11 43.30 52.19 45.03 41.58 50.85 46.42 47.10 46.38 67.72 36.34 63.54 47.71 21.20 21.63 18.40 19.95 20.80 21.31 25.90 30.04 16.65 36.06 22.60 42.40 39.30 34.99 39.68 38.69 39.50 50.41 55.93 32.84 60.93 44.63 52.58 45.20 41.70 50.71 46.73 47.20 52.12 66.15 36.70 92.33 48.21 19.85 15.76 13.06 15.34 16.03 14.91 19.69 22.09 11.21 21.09 15.45 33.21 28.30 25.41 28.59 29.30 27.72 33.41 43.99 22.68 34.33 27.97 36.86 32.09 29.86 36.58 33.79 32.86 31.76 53.63 30.29 25.00 34.77 19.71 15.48 13.13 15.39 16.09 15.01 19.62 22.89 12.11 22.47 15.58 32.16 28.40 25.55 28.83 29.33 27.81 32.99 43.09 24.25 60.95 28.58 35.91 31.94 30.13 36.97 33.99 33.09 32.22 52.38 31.65 43.57 35.00 19.17 12.26 11.05 15.48 14.55 13.19 15.73 13.38 8.62 20.00 11.30 27.86 25.09 22.88 24.56 27.28 24.78 41.08 18.06 19.74 41.55 21.77 34.22 38.30 27.53 40.94 27.88 31.37 25.00 56.89 20.83 27.33 19.17 12.26 11.15 15.48 14.56 12.93 15.73 16.17 8.45 20.00 11.11 27.37 25.09 23.18 24.87 27.19 24.92 40.95 19.03 19.72 41.55 21.86 36.58 38.01 27.61 39.60 29.04 31.49 32.26 46.73 20.76 25.00 27.33 26.95 16.21 15.00 54.09 34.08 24.14 55.62 35.50 25.24 32.48 17.45 15.13 64.92 56.13 28.65 74.88 42.59 32.05 194 Table 10.03 reveals that average daily earnings of all the labourers (men, women, and children) engaged in agricultural and non-agricultural operations recorded significant changes during 2004-05 as compared to 1999-2000. The average daily earnings of men for all agricultural operations in Agricultural Labour Households increased by 18.38 percent whereas in nonagricultural operations it increased by 2.83 percent during 2004-05 over 1999-2000. It is also evident from the table that daily earnings of men, women, and children belonging to Rural Labour Households engaged in non-agricultural operations was higher than those engaged in agricultural operations Indebtedness among Rural Labour Households During 2004-05, the proportion of indebted households revealed an overall increase as compared to 1999-2000 in respect of rural as well as agricultural labour households. Table 10.04 gives details of indebtedness among rural as well as agricultural labour households. Table 10.04 Indebtedness among Agricultural/Rural Labour Households Items of Information Agricultural Labour Households All-India All Rural Labour Households 1987 -88 2 39.4 769 1952 1 1. Percentage of households in debt 2. Average debt per household (Rs.) 3.Average debt per indebted household (Rs.) (a) Average debt per indebted household by source of borrowing (Rs.) (i) Government 70 (ii) Employers 254 (iii) Shop Keepers 151 (iv) Money Lenders 429 (v) Co-operative Societies 195 (vi) Banks 410 (vii) Relatives & Friends 268 (viii) Others 176 (b) Average debt per indebted household by purpose of borrowing (Rs.) (i) Production 567 (ii) Consumption 670 (iii) Marriage and other ceremonies 270 (iv) Purchase of land and construction 166 of building (v) Repayment of Debt 23 (vi) Others @ 256 N.B @ - It includes debts for more than one purpose. 199394 3. 35.5 1031 2901 19992000 4. 25.1 1312 5230 200405 5. 48.4 3946 8145 1987 -88 6. 39.1 787 2014 1993 -94 7. 35.1 1113 3169 19992000 8. 25.0 1515 6049 2004 -05 9. 47.3 4852 1025 9 238 355 199 852 202 600 373 82 215 416 362 1777 539 871 841 209 300 591 533 3622 722 1145 1048 184 73 246 186 436 190 419 289 175 262 360 232 875 251 598 395 195 325 415 431 1918 792 1040 916 212 325 549 622 4539 951 1690 1311 273 821 937 496 290 1124 1621 1260 764 1689 2698 1867 1219 541 677 311 223 804 946 564 476 1120 1673 1450 1269 2253 3021 2214 1888 50 308 50 411 205 467 22 240 58 322 58 479 284 600 Source: Rural Labour Enquiry - Report on indebtedness of Rural Labour Households The average debt per indebted household recorded a rise of about 56 and 70 percent in respect of agricultural and rural labour households respectively during 2004-05 in comparison to that of 1999-2000. As in earlier rounds, the `Money lenders‘ assumed the most dominant source for borrowing funds followed by `Banks‘ and `Relatives & Friends‘. Amongst the various purposes for which the debt has been raised by both the types of households, a major proportion was accounted for `Households Consumption‘. The amount of debt raised by the indebted Agricultural 195 Labour Household and Rural Labour Household for ‗Household Consumption‘ during 2004-05 was to the tune of Rs.2698/- and Rs.3021/- respectively which accounted for about 33 per cent and 29 per cent of the total debt . General Characteristics of Rural Labour Households: During 2004-05, the total number of Rural Households (RHs) was estimated at 150.2 million of which 32.6 million were Scheduled Castes; 16.1 million Scheduled Tribes; 63.0 million Other Backward Classes, and 38.5 million Other Classes of Households. As compared to previous survey, the estimated number of rural households during 2004-05 registered an increase of 9.55 percent. Amongst various classes of households, Other Backward Classes showed the highest growth of 24.66 percent whereas Other Households showed a decline of 6.16 percent. During this survey, out of the 150.2 million estimated numbers of rural households, 55.1 million were Rural Labour Households and 38.8 million were Agricultural Labour Households (ALHs). The survey also revealed that majority of the members of ALHs as well as RLHs were without occupations during 2004-05. Of the average household size of 4.50 persons (ALHs) and 4.56 persons (RLHs), 2.47 persons and 2.59 persons respectively were without occupation. At all-India level, the average size of land cultivated per cultivating household during 2004-05 was 0.18 hectare for agriculture labour households & 0.17 hectare for rural labour households which was 0.18 hectare for both types of households during 1999-2000. Table 10.05 gives the General Characteristics of Rural Households as thrown up by last four enquiries. Table 10.05 General Characteristics of Rural Households Items 1987-88 1993-94 1999-2000 2004-05 1 2 3 4 5 Estimated no. of Rural households (in Millions) Scheduled Castes (in Millions) Scheduled Tribes (in Millions) Other Backward Classes (in Millions) Others Percentage of Rural Labour Households to Rural Households Percentage of Agricultural Labour Households to Rural Households Average Size of land cultivated per cultivating household (in Hectare) 108.4 119.5 137.1 150.2 22.3 11.8 74.3 39.7 25.5 12.8 81.3 38.3 30.4 15.1 50.06 41.0 40.2 32.6 16.1 63.0 38.5 36.7 30.7 30.3 32.2 25.8 (R) 0.32 0.23 0.18 0.17 (A) 0.31 0.23 0.18 0.18 (R) (A) (R) (A) (R) (A) (R) (A) 1.07 1.32 0.24 0.06 0.67 0.63 2.66 2.59 1.41 1.63 0.15 0.04 0.40 0.31 2.52 2.46 1.44 1.74 0.30 0.10 0.24 0.20 2.69 2.61 1.32 1.78 0.41 0.06 0.24 0.19 2.59 2.47 Average No. of persons per household by occupation: 1. Agricultural Labourers 2. Non-Agricultural Labourers 3. Other Occupations 4. No Occupation R = Rural Labour Households A = Agricultural Labour Households 196 Employment (Number of days in a year) The measurement of employment in rural/agricultural sector in India is very complex. The rate and level of employment of rural labour force vary from region to region because of diverse climatic conditions, cropping pattern, level of mechanisation, irrigation facility and viability of dry farming. Further, overall employment and unemployment in rural sector also depend upon the nature and the extent of other economic activities. Labour intensity and employment elasticity of output of these economic activities on the one hand and the work force participation rate of rural population on the other, determine the rate and level of employment. Table 10.06 gives information on the usual principal status Labour Force Participation Rate (LFPR). During the period 2009-10 to 2011-12 the usual principle status LFPRs for males & females decreased by 4.1 and 2.7 percentages point respectively in rural areas. Table 10.06 Labour Force Participation Rate (1983 to 2004-05) in Rural India Year 1 38th Round (1983) 43rd Round (1987-88) 50th Round (1993-94) 55thRound (1999-2000) 61st Round (2004-05) 66th Round (2009-10) 68th Round (2011-12) Source: National Sample Survey Office. Labour Force Participation Rate Principal Status (PS) RURAL Male 2 54.0 53.2 54.9 53.3 54.6 58.8 54.7 Female 3 25.2 25.4 23.7 23.5 24.9 20.8 18.1 Some modifications were made in the concept of employment over successive enquiries with a view to generating better estimates. During the First Agricultural Labour Enquiry, Wage Employment for half a day or more was counted as full day‘s occupation and less than half a day was ignored. The reference period for recording was a month and all those who worked even for a day during this period were taken to have been gainfully employed. In respect of unemployment, firm data were collected only from those adult male labourers who reported wage employment in each month. Thus, for those labourers who did not report wage paid employment, it was assumed that they were self-employed for that period. No independent estimate of days of self-employment was attempted. The days by which the total number of days of wage paid employment and unemployment fell short of 365 days were treated as the estimated days of self employment. During the second Agricultural Labour Enquiry, the number of days spent in different type of activities was recorded separately under defined intensities of employment. The days of work put in were calculated by adding up the days of employment reported with suitable weight. In Rural Labour Enquiries, the concept of employment was the same as in Second Agricultural Enquiry. The data on the duration of employment in terms of equivalent full days as thrown up by different Agricultural/Rural Enquiries is presented in Table 10.07. 197 Table 10.07 Nature of Employment (by number of full days in a year) of Agricultural and Rural Labour Households in India Agricultural Labour Households Nature of Employment 1977 -78 2 1983 1987 -88 4 1993 -94 5 All Rural Labour Households 1999- 20042000 05 6 7 1977- 1983 78 8 9 1987- 199388 94 10 11 1 3 Men (a) Wage Employment 242 238 243 255 245 240 242 239 243 (i) Agricultural 229 227 231 247 238 230 229 227 230 (ii) Non-Agricultural 13 11 12 8 7 10 13 12 13 (b) Self Employment 42 38 43 44 42 24 41 38 42 Women (a) Wage Employment 194 198 164 224 217 190 193 197 164 (i) Agricultural 186 190 157 220 214 186 186 189 157 (ii) Non-Agricultural 8 8 7 4 3 4 7 8 7 (b) Self Employment 27 26 23 35 33 25 27 26 22 Children (a) Wage Employment 252 237 240 246 250 241 253 236 240 (i) Agricultural 243 230 229 238 245 241 243 229 229 (ii) Non-Agricultural 9 7 11 8 5 10 7 11 (b) Self Employment 25 22 26 37 23 5 25 22 26 Source : Rural Labour Enquiry Report on Employment and Unemployment of Rural Labour Households. 1999- 20042000 05 12 13 254 237 17 44 245 238 7 42 239 228 11 42 224 215 9 34 216 213 3 32 203 199 4 36 248 234 14 35 248 243 5 24 222 217 5 37 Average Annual Consumption Expenditure of Rural Labour Households Table 10.08 gives the average Annual Consumption Expenditure of Agricultural/Rural Labour Households as thrown up by the different enquiries. Table 10.08 Consumption Expenditure of Agricultural/Rural Labour Households Agricultural Labour Households Details of Households 1 1.Average size of the Households 2.Average Earning strength of the Households 3.Average Annual Consumption Expenditure of the Households (Rs.) 4.Percentage of Expenditure On:(a) Food (b) Clothing, Bedding & Footwear (c) Fuel & Light (d) Stimulants & Intoxicants (e) House Rent (f) Services and Miscellaneous Items All-India All Rural Labour Households 1987 -88 2 4.6 2.0 199394 3 4.4 2.0 19992000 4 4.6 2.0 200405 5 4.5 2.0 198788 6 4.6 2.0 199394 7 4.5 2.0 19992000 8 4.7 2.0 200405 9 4.6 2.0 6681 11759 21928 22995 7055 12448 23152 25032 67.1 6.0 8.8 4.1 0.1 13.9 66.3 4.9 8.3 3.9 0.1 16.5 62.3 7.6 8.1 3.6 0.2 18.2 59.1 4.2 11.5 3.5 0.2 21.5 66.3 6.2 8.6 4.2 0.2 14.6 65.3 5.0 8.1 4.0 0.3 17.3 61.4 7.6 8.1 3.6 0.3 19.0 57.7 4.3 11.2 3.5 0.4 22.9 Note: Due to rounding, some of the percentages may not add up to 100. – Nil It is revealed that average annual expenditure of rural labour households in 2004-05 showed an increase of 8% over the level of 1999-2000. The expenditure on food items declined 198 from 61.4% of the total expenditure of rural labour households in 1999-2000 to 57.7% in 2004-05. An upward trend was observed in other group items except for Clothing, Bedding & Footwear and Stimulants & Intoxicants. 3. SOCIO-ECONOMIC WELFARE OF RURAL LABOUR India has been a welfare state ever since her Independence and the primary objective of all governmental endeavors has been the welfare of its millions. As about two third of the population of the country lives in villages, main objective of the governmental endeavors has been alleviating rural poverty and ensuring improved quality of life for the rural population especially those below the poverty line. The Ministry of Rural Development has been acting as a catalyst effecting the change in rural areas through the implementation of wide spectrum of poverty alleviation, employment generation, infrastructure development and social security programmes. With the experience gained, over the years, in the implementation of the programmes and in response to the felt needs of the poor, several programmes have been modified and new programmes have been introduced. The following major programmes are being operated by the Ministry of Rural Development in rural areas, (i) Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), (ii) National Rural Livelihoods Mission (NRLM), (iii) Indira Awass Yojana (IAY), (iv) Pradhan Mantri Gram Sadak Yojana (PMGSY) (v) National Social Assistance Programme (NSAP) and (vi) Integrated Watershed Management Programme (IWMP). The programmes/schemes aim at: ● Providing livelihood opportunities to those in need including women and other vulnerable sections with focus on Below Poverty Line (BPL) households. ● Providing for the enhancement of livelihood security of households in rural areas by providing at least 100 days of guaranteed wage employment in every financial year to every household demanding it. ● Provision of all weather rural connectivity to unconnected rural habitations and upgradation of existing roads to provide market access. ● Providing basic housing and homestead to BPL household in rural areas. ● Providing social assistance to the elderly, widow and disabled persons. ● Providing urban amenities in rural areas for improvement of quality of rural life. ● Capacity development and training of rural development functionaries. ● Promoting involvement of voluntary agencies and individuals for Rural Development. ● Restoring lost or depleted productivity of the land. This is done through watershed development programmes and initiating effective land reform measures for providing land to the landless rural poor. Article 41 of the Constitution of India directs the State to provide public assistance to its citizens in case of unemployment, old age, sickness and disablement and in other cases of undeserved want within the limit of its economic capacity and development. It is in accordance with these noble principles that the Government of India included the National Social Assistance Programme in the Central Budget for 1995-96. This programme was meant for providing social assistance benefit to the aged, the BPL households in the case of death of the primary breadwinner and for maternity. These programmes were aimed at ensuring minimum national standards in addition to the benefits that the States were then providing or would provide in future. The NSAP now comprise Indira Gandhi National Old Age Pension Scheme (IGNOAPS), Indira Gandhi National Widow Pension Scheme (IGNWPS), Indira Gandhi National Disability Pension Scheme (IGNDPS) and National Family Benefit Scheme (NFBS). 199 CHAPTER 11 INDIA AND THE INTERNATIONAL LABOUR ORGANISATION INTRODUCTION: The ILO was created in 1919, as part of the Treaty of Versailles that ended World War I, to reflect the belief that universal and lasting peace can be accomplished only if it is based on social justice. The Constitution was drafted between January and April, 1919, by the Labour Commission set up by the Peace Conference, which first met in Paris and then in Versailles. It resulted in a tripartite organization, the only one of its kind bringing together representatives of governments, employers and workers in its executive bodies. The driving forces for ILO‘s creation arose from security, humanitarian, political and economic considerations. Summarizing them, the ILO Constitution‘s Preamble says the High Contracting Parties were ‗moved by sentiments of justice and humanity as well as by the desire to secure the permanent peace of the world.‘ There was keen appreciation of the importance of social justice in securing peace, against a background of exploitation of workers in the industrializing nations of that time. There was also increasing understanding of the world‘s economic interdependence and the need for co-operation to obtain similarity of working conditions in countries competing for markets. Membership, Conventions & Recommendations At present, ILO has 183 members. The ILO has so far, adopted a total of 194 conventions and 202 recommendations (Appendix-2) out of which India has ratified 43 conventions and one protocol. Working of ILO The ILO accomplishes its work through three main bodies, all of which comprise government, employer and worker representatives. International Labour Conference The member States of the ILO meet at the International Labour Conference in June of each year, in Geneva. Two government delegates, an employer delegate and a worker delegate represent each Member State. Technical advisors assist the delegations, which are usually headed by Cabinet Ministers who take the floor on behalf of their governments. Employer and worker delegates can freely express themselves and vote according to instructions received from their organizations. They sometimes vote against each other or even against their government representatives. The Conference establishes and adopts International Labour Standards and is a forum for discussion of key social and labour questions. It also adopts the Organization‘s budget and elects the Governing Body. The Governing Body The Governing Body is the executive council of the ILO and meets three times a year, in March, June and November in Geneva. It takes decisions on ILO policy and establishes the programme and the budget, which it then submits to the Conference for adoption. It also elects the Director-General. 200 The ILO Governing Body is composed of 56 titular members (28 Government Members, 14 Employer Members and 14 Worker Members) and 66 Deputy Members ( 28 Government, 19 Employers and 19 Workers). Ten of the titular government seats are permanently held by States of Chief Industrial Importance. India has been one of them. The other 9 permanent members are Brazil, China, France, Germany, Italy, Japan, Russia, U.K. & USA. The other government members are elected by the Conference every three years taking into account geographical distribution. The employers and workers elect their own representatives respectively. The International Labour Office The International Labour Office is the permanent secretariat of the International Labour Organization. It is the focal point for ILO‘s overall activities, which it prepares under the scrutiny of the Governing Body and under the leadership of a Director-General, who is elected for a fiveyear renewable term. The office employs some 1,900 officials of over 110 nationalities at the Geneva headquarters and in 40 field offices around the world. In addition, some 600 experts undertake missions in all regions of the world under the programme of technical cooperation. The office also contains a research and documentation centre and a printing facility, which issue many specialized studies, reports and periodicals. INDIA AND INTERNATIONAL LABOUR ORGANISATION (ILO) India is one of the founding members of International Labour Organisation (ILO) that came into existence in 1919 and has been a permanent member of the ILO Governing Body since 1922. India and ILO have an enduring and vibrant relationship which is marked by close and dynamic cooperation over the years. This relationship has been a matter of mutual benefaction too. Even as India has significantly contributed to the achievement of ILO‘s objectives, its thought processes, deliberations and style of functioning, ILO too has made impression on the India‘s legislative framework for providing equity, human dignity, social justice, freedom of association, etc. INTERNATIONAL LABOUR CONFERENCE India has been playing a pro-active role in the proceedings of the ILO since its inception. The Indian delegation, which is tripartite in composition, has been participating in the International Labour Conference (ILC) on a regular basis. The ILC is the main policy making body of the ILO. While the International Labour Standards adopted by the ILO have been enriched by the vast experience of its delegates and advisers, the experience gained in this International forum by the members of the Indian delegations over a period of time has helped in giving the much needed international perspective to our national laws and practices. We have so far ratified 43 Conventions and one Protocol of the ILO. 100th Session of the International Labour Conference: The 100th Session of the International Labour Conference (ILC) was held during 1-17 June, 2011. A tripartite delegation led by Shri Mallikarjun Kharge, Hon'ble Minister for Labour & Employment (LEM) attended the Session. Shri Ramakant Goswami, Labour & Employment Minister, Delhi Government and Shri Hasan Mushrif, Labour & Employment Minister, Government of Maharashtra also attended the ILC Session. From India, 8 representatives of Government, 8 representatives of Workers and 9 representatives of Employers participated in the ILC. 201 101st Session of the International Labour Conference: 101st Session of the International Labour Conference (ILC) was held during 30th May to l4th June, 2012 in Geneva. A 30 member Indian Tripartite Delegation led by Shri Mallikarjun Kharge, Union Minister of Labour & Employment attended the ILC. Besides officials from Ministry of Labour & Employment, the delegation included 9 representatives from Workers (Central Trade Union Organizations) and 9 representatives from Central Organisation of employers in the ILC. The Conference was preceded by 314th Session of the Governing Body meeting of ILO on 28.06.2012 wherein new Director General of ILO, Mr. Guy Ryder was elected. The plenary session of the ILC had a detailed discussion on the theme of Future strategies, activities and programs of ILO. Hon'ble Minister for Labour & Employment delivered his speech on this theme. The conference also adopted reports of various Committees on Social Protection Floor, Youth Employment and Fundamental Principles & Rights at Work. 315th Session of the Governing Body of ILO followed the 101st ILC. 151 Ministers, Vice-Ministers and Deputy Ministers were accredited for participation in this ILC. Heads of States and Governments with more than 4,000 participants representing governments, employers and workers from the ILO Member States attended the conference. A total of 170 member States were represented at the ILC. Report of the Director General- 2011: The Director General of ILO submitted a report on "A New Era of Social Justice". The report provided a good opportunity to all member states of ILO for deliberating on the need for a strong social dimension to globalization in achieving improved and fair outcomes enshrined in the Decent Work Agenda. On 13.06.2011 Hon'ble LEM delivered his speech in the high-level plenary discussing the DG Report, which was on the need for a strong social dimension to globalization in achieving improved and fair outcomes enshrined in the Decent Work Agenda. He mentioned about India's work towards achieving social progress, economic growth and increased engagement with nations around the world. He spoke about our strategy of seeking inclusive growth within the country and inclusive globalization internationally that benefits the have-nots and reduces disparities. The speech covered India's achievements in the area of employment (MGNREGA), Right to Education, efforts towards food security, health security - NRHM, RSBY etc and skill development. Hon'ble LEM also endorse the concept of Social Protection Floor (SPF) and stressed the need to decide the level of social protection floor by each country. While concluding he stated that the time has now come for all member states of ILO to pledge their support to ensure policy coherence for a social dimension in globalization with Decent Work as the overriding policy objective. Dr. Mrutyunjay Sarangi, Secretary (Labour & Employment) congratulated ILO for the excellent report providing useful insight into the impact of Globalization, challenges for achieving social justice and sustainable development and stated that Indian economy has been resilient during the time of crisis and the macroeconomic fundamentals remain strong to support growth rate of 8.5 to 9%. He spoke about the policy of inclusive development implemented through our 11th Five Year Plan and also listed the various social security measures for the un-organized sector. Hon'ble Minister for Labour & Employment Speech on Future strategies, activities and programme of ILO: Shri Mallikarjun Kharge, Hon'ble Minister for Labour & Employment in the Plenary Session of the 101st ILC, 2012 delivered a speech on the theme of "Future strategies, activities and programs of ILO". In his speech, he stated that in the years to come, ILO must maintain its leadership in the subjects related to labour since it has the unique advantage of tripartite structure, 202 transparency and the ability to obtain inputs from real economy. He further added that the primary function of ILO is standard setting and their application. It was also suggested by LEM that ILO should undertake an in- depth analysis to put in place a standards strategy which encourages steps like progressive ratification of a Convention. While concluding, he emphasized that ILO should concentrate its limited resources on its core mandate. Committees of the 101st International Labour Conference: In this 101st International Labour Conference (ILC), 2012 there were Committees on Application of Standards, Youth Employment, Social Protection Floor and Fundamental Principles & Rights at Work. Shri Ravi Mathur, Additional Secretary (L&E) represented Government of India in the Committee on Elaboration of an autonomous Recommendation on the Social Protection Floor (standard setting, single discussion). Shri Sharda Prasad, DGE&T represented Government of India in the Committee on Youth Employment Crisis (general discussion). In the Committee Proceedings on Report of the Committee of Experts on the Application of Conventions and Recommendations (CEACR) (2012), Government of India was represented by Shri A.C. Pandey, Joint Secretary. Shri V.P. Yajurvedi, DG, V.V.Giri National Labour Institute represented Government of India in the Committee on a recurrent discussion on the strategic objective of fundamental principles and rights at work, under the follow-up to the ILO Declaration on Social Justice for a Fair Globalization, of 2008, and the follow-up (revised, June 2010) to the ILO Declaration on Fundamental Principles and Rights at Work, of 1998. A brief of the general discussion of the various committees of the 101st ILC, 2012 are as below : a) Committee on Social Protection Floor: During the general discussion, the Government member of India conveyed his country's appreciation of the proposed Recommendation. India had provided social protection to its workforce in both the formal economy and informal economy through legislative and other means. The range of benefits included employment guarantees through the Mahatma Gandhi National Rural Employment Guarantee Act and the legal right to cheaper food grains through the National Food Security Bill. The proposed Recommendation rightly recognized that social protection floors should be tailored according to national circumstances and levels of development. Each country should determine its own national strategy. Faced with the challenge of a vast population with limited resources and infrastructures, India‘s approach had been, and would continue to be, target oriented, as the progressive extension of benefits yielded better results in terms of sustainability than universal coverage in one single go. In the Plenary Session, Government of India voted for the adoption of the Text of the Recommendations. b) Committee on Youth Employment: During the general discussion, the Government member of India highlighted that India had always pursued the goal of productive and freely chosen employment, within the limitations of available resources. As a planned economy, the policy followed focused on employment generation in the growth process itself with the thrust on sectors with high employment potential, aiming at the attainment of social objectives. Employment generation required multi-sectoral and multi-pronged approaches creating wider avenues for wage employment and self-employment. Employment generation was a high priority for his Government. DGE&T named several employment generation programmes, including the Mahatma Gandhi National Rural Employment Guarantee Act and the Prime Minister's Employment Generation Programme and the Bharat Nirman scheme. He confirmed that, despite the global economic meltdown, the Indian labour market showed resilience. c) Committee on the Application of Standards: The Government member of India, JS (AP) emphasized the pressing need for the protection of fundamental principles and rights at work in the context of globalization and financial crisis. However, although ratification of the fundamental Conventions was very important, the main thrust should be on the realization of the principles enshrined therein. The 2015 time line for achieving universal ratification was unrealistic and the 203 number of ratifications should not be the sole yardstick for measuring the situation in a country. Prospects for progressive ratification should be examined, taking into account national diversities and complexities. A detailed analysis should be carried out within the framework of the Standards Review Mechanism of why some of the fundamental Conventions had not been ratified by countries comprising over half of the global population and emphasis should be placed on capacity building and technical cooperation to create the necessary conditions for ratification. The Government member of India expressed our Government's appreciation of the efforts made by the Government of Myanmar with regard to the observance of the Convention No.29. The main developments in Myanmar included economic and social reforms as well as major legislative and policy reforms involving Parliamentary de-bates and interactions with the business community, United Nations agencies and the international community. The Government of India had always encouraged dialogue and cooperation between the ILO and member States in resolving the outstanding issues. In this context, he acknowledged the signing, in March 2012, of a Memorandum of Understanding between the ILO and the Government of Myanmar on the elimination of all forms of forced labour and considered that it was time for the international community to recognize the progress made to comply with the Convention. Government of India encouraged the Government of Myanmar to continue its constructive engagement with the ILO and urged the ILO to reply positively to the endeavours taken by the Government of Myanmar so as to fulfil the aspirations of the people of Myanmar. This year due to the differences between Workers and Employers, no list of hearing of individual countries in this Committee could be finalized. d) Committee on the recurrent discussion on the strategic objective of fundamental principles and rights of work: During the general discussion, the Government member of India, DGNLI recognized the ILO's effort in promoting FPRW with member States, but due regard should be given to their varying conditions and circumstances. Ratification was not the sole indicator of government commitment and of real change on the ground. Countries should respect FPRW and promote them in a comprehensive and realistic manner. It was important to advocate decent work for all, to recognize the importance of tripartism and to be actively engaged with social partners and other stakeholders in the formulation of initiatives on FPRW. The objectives of the Social Justice Declaration could be realized if workers benefitted from enduring economic and social justice. The ILO should develop and replicate programmes in support of these issues, and increase its efforts in capacity building for phased ratification of fundamental standards, to facilitate the conditions for ratification of Conventions, especially in developing countries. 310th Session of the Governing Body: The 310th Session of the Governing Body (GB) of the International Labour Organization (ILO) was held during 3-25 March, 2011 at Geneva. On 3-4 March 2011, the Committee of Freedom of Association held its proceedings. India is not a member of this Committee. Hence the Indian delegation participated in the Governing Body and its Committee meetings during 8-25 March, 2011. The Programme, Financial and Administrative Committee met on 7-11 and l7th March, 2011 and discussed matters relating to Results-based strategies 2011-2015: Evaluation strategy Strengthening the use of evaluations, Independent external evaluation of the ILO's evaluation function, Knowledge Strategy 2010-2015: the role and contribution of the decent work statistics. The Committee on Legal Issues and International Labour Standards discussed matters relating to (i) Improvements in the standards related activities of the ILO, (ii) choice of Conventions and Recommendations on which reports should be requested under 19 of the 204 constitution, in 2012, (iii) ratification and promotion of fundamental and governance ILO conventions. The Committee on Employment in Social Policy met on 15-16 March 2011. The Committee discussed various agenda items such as unleashing rural development through productive employment and decent work and global wage trends. The Committee on Sectoral and Technical Meetings and related Issues met on 14.03.2011. The Committee discussed various agenda items such as sectoral activities programmes and proposals for activities in 2012-13 and Effects to be given to the recommendations of the sectoral and technical meetings. The Committee on Technical Cooperation met on 15.03.2011: The Committee discussed the operational strategies for capacity development for constituents in Decent Work Country Programme and Technical Cooperation and Decent Work and aid effectiveness. The Sub-Committee on Multinational Enterprises met on 16.03.2011. The Committee discussed update on the review of the follow-up mechanism of the Tripartite Declaration of Principles concerning Multinational Enterprises and update on Strategic priorities for 2010-11. The Working Party on Social Dimension of Globalization met on 21.03.2011. The Committee discussed challenges and changes in the Arab World and had a debate on recovering from the crisis. The WP/GBC - Working Party on the Functioning of the Governing Body and the International Labour Conference discussed improving the functioning of the Governing Body. Plenary Session of the Governing Body: The Plenary Session of the Governing Body started on 22.03.2011. Following Items were discussed during the Plenary Session: Approval of the minutes of the 309th Session of the Governing Body, The agendas of the 101st Session (2012) and 102nd Session (2013) of the Conference, Review of annual reports under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, Report and conclusions of the l7th American Regional Meeting, Developments concerning the question of the observance by the Government of Myanmar of the Forced Labour Convention, 1930 (No. 29), Complaint concerning non-observance by Myanmar of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) made by delegates to the 99th Session (2010) of the International Labour Conference under Article 26 of the ILO Constitution, Complaint concerning non-observance by the Bolivarian Republic of Venezuela of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98), made by delegates to the 92nd Session (2004) of the International Labour Conference under Article 26 of the ILO Constitution, Report of the Committee on Freedom of Association, Report of the Working Party on the Functioning of the Governing Body and the International Labour Conference, Reports of the Programme, Financial and Administrative Committee, Report of the Government members of the Committee on Allocations Matters, ' Reports of the Programme Financial and Administrative Committee, 205 Reports of the Committee on Legal Issues and International Labour Standards, Report: Legal issues, Report of the Sub-Committee on Multinational Enterprises, Report of the Committee on Employment and Social Policy, Report of the Committee on Sectoral and Technical Meetings and Related Issues, Report of the Committee on Technical Cooperation, Report of the Working Party on the Social Dimension of Globalization, Report of the Director-General, Reports of the Officers of the Governing Body, Composition and Agenda of standing bodies and meetings. Secretary (L&E) made interventions on agenda items concerning Global Action Plan to promote implementation of the HIV/AIDS Recommendation 2010 (No.200), observance by the Government of Myanmar of the Forced Labour Convention No.29, Decent Work and Multilateral System and Measuring Decent Work. 311th Session of the Governing Body: The 311th Session of the Governing Body of ILO was held in June, 2011. It discussed a range of issues including the questions arising out of the 100th Session of the ILC and the composition and agenda of standing bodies and meetings. 312th Session of the Governing Body: 312th Session of the Governing Body (GB) of the International Labour Organization was held during 3-18 November, 2011. During 3-4 November 2011, the proceedings of the Committee on Freedom of Association held its proceedings. As India is not a member of this Committee, the Indian delegation participated in the Governing Body Meetings during 07-18 November 2011. Governing Body as per the reformed structure has now been constituted into sections comprising of segments as mentioned below. Institutional Section (INS): The Section deals with issues related to the functioning of the Office and of the Organization including constitutional obligations. This would encompass standing items such as reporting obligations and urgent matters arising between or during sessions. Policy Development Section (POL): Covers the previous mandates of the Committee on Employment and Social Policy (ESP), the Committee on Sectoral and Technical Meetings and Related Issues (STM) and the Committee on Technical Cooperation (TC) and takes the work of the Sub-Committee on Multinational Enterprises (MNE), Enlarged to include social dialogue and industrial relations issues - such as labour law, labour administration and labour inspection, it ensures that strategies and policies for technical cooperation are fully discussed and mainstreams the standards dimension of the above matters. This section has got following segments -Employment and Social Protection Segment, Social Dialogue Segment, Technical Cooperation Segment and Multinational Enterprises Segment. Legal Issues and International Labour Standards Section (LILS): Considers constitutional issues, Standing Orders (International Labour Conference, Governing Body, regional meetings, Sectoral meetings; ILO's standard-related work and procedures, including among other matters; ILO's supervisory machinery, the approval of reports forms for ILO Conventions and recommendations and the selection of instruments for reporting 206 under article 19 of the ILO Constitution; action relating to the protection of human rights; international legal instruments and judicial decisions affecting the status of the ILO's standardsetting work; legal agreements concluded by the ILO with other international organizations. This section has got following segments - Legal Issues Segment and International Standards and Human Rights Segment. Programme, Financial and Administrative Section (PFA): The Section is responsible for programme financial and general administrative matters and for personnel questions and takes in the work of the Information and Communication Technology Sub- committee and of the Building Sub-Committee. Financial dimensions and implications of matters discussed in other sections are also treated in the PFA Section. This section has got segments such as - Programme, Financial and Administrative Segment, Audit and Oversight Segment, Personnel Segment. High Level Section (HL): The High-Level Section (HL) continues the Governing Body's role as a forum for global policy discussion and strategic guidance allowing types of debate more appropriate to the ILC or other bodies. This section has got segments like - Strategic Policy Segment and Working Party on the Social Dimension of Globalization. The Indian delegation took part in the meetings of various sections and their respective segments and made important interventions thus contributing towards shaping the conclusions on the discussions. Indian delegation also participated in the discussions of the working party for Improvement of the functioning of GB and International Labour Conference. It is pertinent to mention that this working party has been formed two years ago and due to our coordinated efforts, India is one of the 16 Governments on this Working Party. There are 8 each workers and employers members also in this Working Party. The work of the reforms of GB has been comprehensively completed and now this Working Party took up the matters regarding improvement in the functioning of International Labour Conference. The work of this working party will be carried forward by a Tripartite Geneva based group based on the discussion in this GB. The matter will be further discussed in the working party meeting of the next Governing Body. Dr. Mrutyunjay Sarangi, Secretary (L&E) took part in the GB in the concluding week and participated in High level, LILS and Institutional Sections. These three sections discussed high level policy issues having long term social and economic implications. Everyday before the starting of the Governing Body discussion, the meeting of governments of Asia Pacific Group used to take place in which the Indian delegation participated daily. Indian delegation also participated in the Government Group meetings of all the regions combined. Discussion in the Policy Development Section (POL) took place on four agenda items: Green jobs, Decent Work and sustainable Development. Follow up to the discussion on Social Security at the l00th Session of the International labour Conference (June 2011): Plan of action. Follow up to the conclusions concerning the promotion of Sustainable Enterprise adopted by the International labour Conference in June 2007. Work Life Balance. Shri A.C.Pandey, Joint Secretary made an intervention on the agenda item concerning Green Jobs, Decent Work and sustainable Development and mentioned about MGNERGA. He pointed out that Sustainable Development cannot be seen in isolation from Environment 207 Protection and Social Progress. He also dwelt upon Renewable Energy and Local Community Initiatives in our country. He also made an intervention on the agenda item concerning Plan of action Follow up to the discussion on Social Security at the 100th Session of the International labour Conference. He stated that implementation and extension of Social Protection Floor should be determined on the individual capacities of the countries, the status of affording the necessary resources and depending on sustainability. Work Life Balance: The Governing body reviewed the work family policies based on the agenda document. The Indian delegation made an intervention on this agenda item and spoke about the facilities and statutory provisions required for working women and the challenges lying in the informal sector. Indian delegate made an intervention on the agenda item concerning "Labour Administration and Labour Inspection: Follow up to the general discussion at the 100th Session of the International Labour Conference" and gave his comments on the ILO action plan. The Indian delegate made an intervention on the agenda item concerning "Decent Work in the Global Food Supply Chain: A Sectoral Approach". He spoke about Government of India's endeavour to move towards a right based approach on food security. The contribution of MGNREGA in this area was also highlighted. The Sectoral and Technical Meetings agenda item was related to the Maritime industry. The Indian delegation made an intervention on this agenda item based on the inputs from DG Shipping and supported the decision point relating to welfare of sea farers. Indian delegate made intervention on the agenda items concerning "Capacity Development for Constituents in Decent Work Country Programmes and Technical Cooperation: Follow up" and "ILO Technical Cooperation and Decent Work Country Programmes, 2009-10". Indian delegate made an intervention on agenda item concerning "Follow up to the ILO Declaration and fundamental principles and rights of work: Technical Cooperation priorities and action plans regarding the elimination of discrimination in employment and occupation" An agenda item concerning "Update on strategic priorities 2010-11 including promotion of the Tripartite declaration of principles concerning multi- national enterprises and social policy in collaboration with inter-governmental organization" was discussed in the Multinational Segments. Indian delegate made an intervention on this agenda. Working Party on the Functioning of the Governing Body and the International Labour Conference (WP/ GBC) discussed about improving the functioning of the International Labour Conference and the Regional Meetings. ILO's document provided the summary listing the previous efforts towards the reforms of the conference, constitutional framework, trends etc. Indian delegate made an intervention on this agenda item. The Programme Financial and Administrative segment discussed 'Use of Special Programme Account and Annual Evaluation Report 2010-11'. An agenda item concerning "Policy Coherence in the Multi-lateral System" was discussed in the High Level Section. Secretary (L&E) made an intervention on this agenda. He stated that greater clarification of the components, structure and modalities of "Coherence" was required. Working Party on Social Dimension of Globalization (WP/SDG) discussed an agenda item concerning "A turn for the worse Latest Developments and current dialogue for employment and the social dimension of globalization". Secretary (L&E) made an intervention on this agenda item and spoke about the resilience of the Indian economy even during the crisis period. Secretary (L&E) spoke about various government schemes in the areas of employment and Social Security especially highlighting MGNREGA and Unorganized Worker's Social Security Act 2008. 208 Secretary (L&E) also spoke about our fiscal policies, DGE&T initiatives in the area of skills, RSBY and proposed Food Security Act. GOI / ILO NATIONAL TRIPARTITE WORKSHOP ON MARITIME LABOUR CONVENTION (MLC), 2006: A Government of India / ILO National Tripartite Workshop was held at Mumbai during 19-21 October, 2011 on Maritime Labour Convention, 2006. It was co-organized with ILO and DG Shipping to discuss the way forward for ratification of MLC, 2006. The Workshop saw the active participation of all stakeholders from the maritime sector. ILO Office Geneva was represented by the Director of International Labour Standards, Ms. Cleopatra Doumbia Henry and Mr. Dani Appaue and Mr. Brandt Wagner. India has largest number of seafarers and ratification of MLC, 2006 will be beneficial for our seafarers' welfare. The Ministry of Labour & Employment has worked actively with Department of Animal Husbandry, Dairying and Fisheries (DAHDF), Ministry of Agriculture for the ratification of C188, Work in fishing Convention. Two National Workshops have already been held at Kochi and Vishakhapatnam and a Task Force has been constituted on C-188. In August, 2011, M/s Clarus Law Associates were appointed by ILO to conduct the Gap Analysis of C- 188 and draft a new legislation. The second meeting of Task Force on C-188 was held on 03.10.2011 in the Ministry of Labour & Employment, New Delhi. Consultations are ongoing with DAHDF to pave the way ahead for ratification of this Convention. 313th Session of the Governing Body of ILO (March 15-30, 2012): 313rd Session of the Governing Body (GB) of the International labour Organization was held during 15-30 March, 2012. On 15-16, March 2012, the proceedings of the Committee on Freedom of Association held its proceedings. As India is not a member of this Committee, the Indian delegation participated in the Governing Body Meetings during 19-30 March, 2012. The following officers of Ministry of Labour & Employment participated in the 313th Session of the Governing Body: (i) ii) iii) Dr. Mrutyunjay Sarangi, Secretary March 26- 30, 2012 Shri A.C. Pandey, Joint Secretary March 19- 30, 2012 Shri Vikas, Director, March 26-30, 2012 Governing Body as per the reformed structure has now been constituted into sections comprising of segments as mentioned above. The Indian delegation took part in the meetings of various sections and their respective segments and made important interventions thus contributing towards shaping the conclusions on the discussions. Indian delegation also participated in the discussions of the working party for Improvement of the functioning of GB and International Labour Conference. It is pertinent to mention that this working party has been formed two years ago and due to our coordinated efforts, India is one of the 16 Governments on this Working Party. There are 8 workers and 8 employers members also in this Working Party. The work of the reforms of GB has been comprehensively completed and now this Working Party took up the matters regarding improvement in the functioning of International Labour Conference. Dr. Mrutyunjay Sarangi, Secretary (L&E) took part in the GB in the concluding week and participated in High level, LILS and Institutional Sections. These three sections discussed high level policy issues having long term social and economic implications. Every day before the starting of the Governing Body discussion, the meeting of governments of Asia Pacific Group used to take place in which the Indian delegation 209 participated daily. Indian delegation also participated in the Government Group meetings of all the regions combined. The ILO and the Multilateral System: ILO Preparations for the 2012 United Nations Conference on Sustainable Development (Rio+20) On this agenda item Dr. Mrutyunjay Sarangi, Secretary (L&E) made an intervention. In the context of agenda document regarding suggested areas for the forthcoming United Nation Conference on Sustainable Development (UNCSD), the views of Government of India were stated as follows: 1. 2. 3. 4. 5. Enhancing coherence between the international organizations and governments on complementary issues is important. However, coherence is an issue which is still at a nascent stage of discussion at ILO and the specific areas on which coherence is sought at international as well as national levels needs to be spelled out clearly. The components and modalities of Policy Coherence need to be further elaborated. We do not support social clauses in trade and investment agreements. We support the concept of Social Protection Floor but we are of the view that the floor should be nationally determined. There should not be any prescriptive approach in the area of labour standard compliance. There should not be any duplication of structures for carrying out work which belongs to ILO's domain. Government of India holds ILO standards in great esteem as these standards draw strength from the tripartite consensus arrived at the ILO deliberations. To encourage free mobility of the skills and labour, attempts should be made to develop International Qualification Frameworks. While developing indicators for areas like skills, we should be very clear about the purpose for which these indicators are being developed so that there is no scope for its use as barriers in trade, investment, labour mobility etc. Due consideration should be given regarding the diversities of various countries, scale of development and size of the informal economy. We oppose any form of green protectionism leading to trade barriers under the guise of addressing legitimate environmental goals. Secretary (L&E) further added that idea of sustainability began as a developmental ideal and over time it has become an important focus of policy, as countries struggle to reconcile their efforts to develop with the compelling need to protect the environment. Dr. Sarangi also made mention of our National Action Plan on Climate Change. He also laid stress on need of technology transfer for green jobs to developing countries. Agenda of the 2014 International Labour Conference: The agenda document mentioned that as follow up to the ILO Social Justice Declaration 2008 the employment pillar will be discussed for the second time in the 7 year cycle in the year 2014. In the June 2012 ILC, three very important items are there Youth Employment, Social Protection Floor and Fundamental Principles and Rights at Work. The second technical item for 2014 ILC will be decided after the discussions on the 2012 ILC technical topics. Regarding the 3rd technical item for 2014 ILC there were list of items in the agenda document. The Indian delegation made an intervention and supported "Promoting Sound Industrial Relations through the Prevention & Resolution of Labour Disputes" to be selected as the third technical item for 2014 ILC. 210 MULTILATERAL COOPERATION High-Level International Meetings (2011): Some of the prominent International meetings in the year 2011 where India participated actively at the highest level include: A high level Indian Tripartite delegation led by Union Minister for Labour & Employment attended the 100th Session of International Labour Conference of ILO held at Geneva, Switzerland during 01-17 June, 2011. A high level Indian delegation led by Hon'ble Minister of Labour & Employment attended the XIX World Congress on Safety and Health at Work in Istanbul, Turkey during 11-15 September, 2011. The XIX World Congress focused on four main topics under the motto of "Building a Global Prevention Culture for a Healthy and Safe Future": Comprehensive, Proactive and Preventative Approaches to Safety and Health at Work; Systems Approach for Occupational Safety and Health; Social Dialogue, Partnerships and Innovation on Occupational Safety and Health; and New Challenges in a Changing World of Work and the Global Economy A two member delegation led by Dr. Mrutyunjay Sarangi, Secretary (L&E) visited China during 14-16 September, 2011 to attend Asia-High Level Seminar on Social Security Extension organized by International Labour Organisation. The objectives of the seminar was to enhance the understanding of social security measures in China and the invited countries and to share the latest achievements in the extension of social security coverage to uncovered groups of the population in two dimensions, namely the extent of personal coverage and the adequacy of benefit levels and contingency scope that have assisted to reduce the coverage gaps. The seminar aimed to maintain the momentum and consolidate the political consensus obtained in the region on the two dimensional extension strategy of social protection that was recently endorsed by the 100th International Labour Conference. A delegation led by Hon'ble Minister of Labour & Employment attended the G-20 Labour & Employment Ministerial Meeting in Paris, France during 26-27 September, 2011. Important topics of this meeting were: Strengthening social protection; Improving structural employment policies, especially for the youth and the most vulnerable populations; Promoting the respect of social and labour rights; and Enhancing coherence among international organizations and among economic, social, finance, trade and development policies. A delegation led by Secretary (L&E) attended 312th Session of the Governing Body of ILO at Geneva, Switzerland during 07-18 November, 2011. A delegation led by AS(L&E) attended "ASEM High level Forum on Employment and Social Policy" and the "ASEM Senior Officials Meeting (SOM) for the Labour and Employment" during 24-25 November, 2011 in Hanoi, Vietnam. A delegation led by Hon'ble LEM attended the l5th Asia-Pacific Regional Meeting (APRM) of International Labour Organisation in Kyoto, Japan during 4-7 December, 2011. The 15th APRM discussed progress made so far on the Asian Decent Work Decade (ADWD). 211 The three main topics discussed in this meeting were: Coordinated macroeconomic, employment and social protection policies. Productive employment, sustainable enterprises and skills development. Rights at work and social dialogue A delegation led by Federal Councillor Mr. Johann N. Schneider-Ammann, Head of the Federal Department of Economic Affairs (FDEA), Government of Switzerland visited Ministry of Labour & Employment on 07.04.2011. A meeting was held by Hon'ble Minister of Labour & Employment with the visiting delegation on 07.04.2011. An Australian Delegation led by H.E. Mr. Christopher Evans, Minister for Tertiary Education, Skill, Jobs and Workplace Relations, Australia visited Ministry of Labour & Employment, New Delhi on 01.08.2011. A meeting was held by Hon'ble Minister for Labour & Employment with the delegation. A Nepalese Delegation led by Hon'ble Prof. Subhodha Narayan Jha, Member National Planning Commission visited Ministry of Labour & Employment on 29.09.2011. A meeting was held by Shri A.C. Pandey, Joint Secretary with the delegation on 29.09.2011. Afghan delegation led by Ms. Amena Afzali, Minister for Labour, Social Affairs, Martyrs and Disabled (MOLSAMD), Government of Afghanistan visited Ministry of Labour & Employment on 01.10.2011. A Memorandum of Understanding (MoU) between Ministry of Labour & Employment, Government of India with Government of Afghanistan regarding "Implementation of a twinning arrangement for public sector capacity development in Afghanistan" was signed on 12.10.2011. The signing ceremony was followed by a meeting with the visiting delegation. The Indian side was led was by Shri Mallikarjun Kharge, Hon'ble Minister for Labour & Employment. High-Level International Meetings (2012): Some of the prominent International meetings in the year 2012 where India participated actively include:A delegation led by Shri A.C.Pandey, Joint Secretary Ministry of Labour & Employment attended the G-20 Labour & Employment Ministerial Meeting in Guadalajara, Mexico during 1718 May, 2012. The main topic of the meeting was "Creation of Quality Employment". The meeting was preceded by the last preparatory meeting (SHERPA meeting) held on 15.05.2012 in Guadalajara, Mexico. A delegation led by Shri Sharda Prasad, Additional Secretary / DG, DGE&T attended the 4th ASEM Labour & Employment Ministers' Conference during 24-26 October, 2012 in Hanoi, Vietnam. The main theme of this Conference was "Employment and Social Protection - A Key to Sustainable and Inclusive Growth". The Labour & Employment Ministerial conference consisted of two sessions: Policies to Foster Employment, including Youth Employment and Employment of Other Vulnerable Groups Three Key Future Challenges of our Joint Decent Work Agenda, Including Social Protection, CSR and Health and Safety at Work. A delegation led by Dr.Mrutyunjay Sarangi, Secretary, Ministry of Labour & Employment attended the 316th Session of the Governing Body of ILO at Geneva, Switzerland held from 1-16, November, 2012. Governing Body Session is constituted of various sections as: Institutional 212 Sections (INS), Policy Development Section (POL); Legal Issues and International Labour Standards Section (LILS); Programme, Financial and Administrative Section (PFA); High Level Section (HL); and Working party on the functioning of the Governing Body and the International Labour conference (WP/GBC). Our delegation made various interventions during the proceedings of the various sections. A four member Afghan Delegation (Joint Working Group) led by Mr. Mohammad Salim Mastoor, DG of Policy and Planning, Ministry of Labour, Social Affairs, Martyrs & Disabled (MoLSAMD), Government of Afghanistan visited New Delhi during 24-27 April, 2012. The main topics of discussions were as under: Technical support in developing a comprehensive Employment Strategy for Afghanistan and Labour Market Information system & other skill development initiatives etc. Child Labour, support for Gender Policy, designing rehabilitation programmes, matters relating to Labour welfare and other labour related areas, labour policy etc. A three member US Delegation (Joint Working Group) led by Mr. Amit Pandya, Chief of Staff, Bureau of International Labour Affaires, Unites States Department of Labour visited New Delhi on 27th April 2012. The delegation discussed issues on occupational safety, mines safety, skill development and employment. An Agreement on mutual cooperation between the Ministry of Labour and Social Protection of Population of the Republic of Tajikistan and the Ministry of Labour & Employment, Government of India was signed on 3rd September, 2012. The areas covered under the agreement are: Regulation of the labour market and problems of employment, The protection of employees in the workplace; Salary and incentives; Exchange of experience of employees of the parties in the field of training and retraining; Exchange of experience in cooperation with the United Nations and its structural bodies of the International Labour Organization. Occupational Safety and Health. In terms of the MoU signed between Ministry of Labour & Employment and Department of Labour of Government of United States of America - the Globally Harmonized System for Hazardous Chemicals 'Webinar' was launched at Regional Labour Institute, Faridabad on 29.11.2012. A Swedish delegation led by Mr. Ulf Kristersson, Minister for Social Security, Kingdom of Sweden visited Ministry of Labour & Employment, New Delhi on 27.11.2012. The bilateral meeting was held between the Swedish Minister and Shri Kodikunnil Suresh, Hon'ble MoS (L&E). TECHNICAL CO-OPERATION PROGRAMMES: India and ILO share a very significant and fruitful cooperation in various technical programmes in the areas of employment, occupational safety & health, improvement of working conditions, upgradation of technical facilities and skills development, management consultation development, social security, skill development and other labour related issues. Under the Active Partnership Policy of the ILO, collaboration between India and SRO-ILO is supported by technical inputs from the multidisciplinary teams at SRO New Delhi as well as 213 by technical departments at the ILO Headquarters. The technical specialists provide advisory services in international labour standards, statistics and also discuss areas of possible collaboration in future. The tripartite machinery of the Government, Workers' and Employers' Organizations, worked closely with the ILO in identifying the major Decent Work Country Programmes objectives for the ensuing years. The main focus of the exercise was to promote employment and social protection in the process of restructuring of the economy, management of working conditions and occupational safety and health in high-risk areas. A number of officers from Ministry of Labour & Employment, representatives from social partners (Worker Organizations & Employer Organizations) were deputed for training, workshops, seminars and meetings under fellowships provided by ILO / KOILAF. FINANCE AND INDIA'S ASSISTANCE TO ILO: ILO is financed mainly by contribution received from the member states. The ILO Budget follows the calendar year and annual contributions are paid by the Governments of the member states according to a scale, which the International Labour Conference on year-to year basis fixes, in line with the U.N. scale of assessment. India contributed Swiss Francs 19, 31, 675 (equivalent to Rs. 10, 97, 77,488.00) to the ILO for the year 2012. For the year 2013, India is paying an amount of SF 18,61,360. CONCLUSION: India has always had a positive approach towards International Labour Standards. The basic principles set out in the International Labour Standards are by and large reflected in our national laws and regulations especially for free exercise of and for protection of rights of our workforce. We have so far ratified 43 Conventions and 1 Protocol of the ILO as given in Box 11.1. 214 BOX 11.1 LIST OF CONVENTIONS AND PROTOCOL RATIFIED BY INDIA S. No. No. and Title of Convention Date of ratification 14 Jul 1921 14 Jul 1921 14 Jul 1921 09 Sep 1955 14 Jul 1921 11 May 1923 11 May 1923 20 Nov 1922 20 Nov 1922 30 Sep 1927 30 Sep 1927 14 Jan 1928 31 Oct 1932 10 Jan 1955 07 Sep 1931 30 Nov 1954 10 Feb 1947 22 Nov 1935 13 Jan 1964 25 Mar 1938 17 Nov 1947 07 Apr 1949 24 Jun 1959 27 Feb 1950 27 Feb 1950 25 Sep 1958 18 May 2000 29 Sep 1958 17 Jan 2005 03 Jun 1960 17 Nov 1975 21 Jun 1962 19 Aug 1964 17 Nov 1998 20 Mar 1975 26 Mar 2010 11 Jun 1991 18 Aug 1977 25 Mar 2009 27 Feb 1978 26 Sep 1996 01 Apr 1992 06 Jun 2008 1. C001 - Hours of Work (Industry) Convention, 1919 2.* C002 - Unemployment Convention, 1919 3. C004 - Night Work (Women) Convention, 1919 4. C005 - Minimum Age (Industry) Convention, 1919 5. C006 - Night Work of Young Persons (Industry) Convention, 1919 6. C011 - Right of Association (Agriculture) Convention, 1921 7. C014 - Weekly Rest (Industry) Convention, 1921 8. C015 - Minimum Age (Trimmers and Stokers) Convention, 1921 9. C016 - Medical Examination of Young Persons (Sea) Convention, 1921 10. C018 - Workmen's Compensation (Occupational Diseases) Convention, 1925 11. C019 - Equality of Treatment (Accident Compensation) Convention, 1925 12. C021 - Inspection of Emigrants Convention, 1926 13. C022 - Seamen's Articles of Agreement Convention, 1926 14. C026 - Minimum Wage-Fixing Machinery Convention, 1928 15. C027 - Marking of Weight (Packages Transported by Vessels) Convention, 1929 16. C029 - Forced Labour Convention, 1930 17. C032 - Protection against Accidents (Dockers) Convention (Revised), 1932 18.@ C041 - Night Work (Women) Convention (Revised), 1934 19. C042 - Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 20. C045 - Underground Work (Women) Convention, 1935 21. C080 - Final Articles Revision Convention, 1946 22.** C081 - Labour Inspection Convention, 1947 23. C088 - Employment Service Convention, 1948 24. C089 - Night Work (Women) Convention (Revised), 1948 25. C090 - Night Work of Young Persons (Industry) Convention (Revised), 1948 26. C100 - Equal Remuneration Convention, 1951 27. C105 - Abolition of Forced Labour Convention, 1957 28. C107 - Indigenous and Tribal Populations Convention, 1957 29. C108 - Seafarers' Identity Documents Convention, 1958 30. C111 - Discrimination (Employment and Occupation) Convention, 1958 31. C115 - Radiation Protection Convention, 1960 32. C116 - Final Articles Revision Convention, 1961 33.# C118 - Equality of Treatment (Social Security) Convention, 1962 34. C122 - Employment Policy Convention, 1964 35.@@ C123 - Minimum Age (Underground Work) Convention, 1965 36. C127 - Maximum Weight Convention, 1967 37. C136 - Benzene Convention, 1971 38. C141 - Rural Workers' Organisations Convention, 1975 39. C142 - Human Resources Development Convention, 1975 40. C144 - Tripartite Consultation (International Labour Standards) Convention, 1976 41. C147 - Merchant Shipping (Minimum Standards) Convention, 1976 42.## C160 - Labour Statistics Convention, 1985 43. C174 - Prevention of Major Industrial Accidents Convention, 1993 Protocol 1 : P89 - Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 * Later denounced, The Convention requires, internal furnishing of statistics concerning unemployment every three months which is considered not practicable. @ Convention denounced as a result of ratification of Convention No.89. ** Excluding Part II. # Branches (c) and (g) and Branches (a) to (c) and (i). @@ Minimum Age initially specified was 16 years but was raised to 18 years in 1989. ## Article 8 of Part – II. 215 CHAPTER 12 LABOUR BUREAU PUBLICATIONS Apart from its few regular publications, the Labour Bureau brings out a number of publications based on statistical research work, studies and surveys, which are of great relevance to the policy makers, Govt./Non-Governmental agencies and researchers. A brief account of the various publications of the Labour Bureau is presented in this chapter. Sl. No. 1 LABOUR BUREAU PUBLICATIONS AND THEIR CONTENTS Title Latest Periodicity Contents edition available 2 3 4 5 A 1 REGULAR PUBLICATIONS Indian Labour Journal A regular Monthly monthly publication 2 Indian Labour Year 2009 and Book 2010 Annual 3 Indian Labour 2011 Statistics (bilingual ) Annual 4 Pocket Book of 2012 Labour Statistics (bilingual ) Statistics of Factories 2010 Annual 5 Annual 216 Contains special articles on subjects of labour interest, reports, enquiries and studies, book reviews, labour news, labour situation, industrial disputes, closures, retrenchments and lay-off; important labour decisions, summaries of important awards and agreements, labour literature and also statistical information on consumer price index numbers, employment, employment exchanges, employment potential, wages and earnings, absenteeism, etc. Provides in a compact volume a general description of various topics in the field of labour such as employment and training, wages, levels of living and consumer price index numbers, industrial relations, welfare, housing, health, labour legislation, labour administration, etc. and relevant supporting statistics. A bilingual publication containing serial statistics relating to labour. It presents data on employment in Factories, Mines, Plantation, Railways, Employment Service and Training, Wages and Earnings, Price Indices, Trade Unions, Industrial Injuries, Absenteeism and Labour Turnover, Social Security, Industrial Disputes and International statistics pertaining to Labour. Present a summary of principal labour statistics in the country. Contains comprehensive statistical information on factories registered under the Factories Act, 1948. Important statistics presented in this publication relate to the number of registered factories and employment by states, industries, age and sex, by specified normal weekly hours of work, injuries by states, industries age, sex and causes, mandays lost due to injuries, welfare facilities, inspection of factories, inspectorate staff, convictions, etc. Sl. No. 1 Title 2 Latest edition available 3 Periodicity 4 6 Industrial Disputes, 2011 Closures, Retrenchments and Lay-offs in India Annual 7 Review on the 2011 Working of the Industrial Employment (Standing Orders) Act,1946 £ Review on the 2011 Working of the Workmen‘s Compensation Act, 1923 £ Annual 9 Review on the 2011 Working of the Maternity Benefit Act,1961£ Annual 10 Review on the 2011 Working of the Legislation Governing Conditions of Employment in Shops, Commercial Establishments, Cinemas, Theaters, Hotels and Restaurants £ Review on the 2011 Working of the Plantations Labour Act,1951£ Annual Review on the 2011 Working of the Motor Transport Workers‘ Act, 1961£ Annual 8 11 12 Annual Annual 217 Contents 5 Contains statistics of industrial disputes resulting in work-stoppages, viz., strikes, lockouts, gheraos, etc. by various combinations such as sector, sphere, cause etc. and also industry-wise and state-wise statistics on closure, retrenchment and lay-off. Contains statistical information on progress of certification of standing orders by spheres, modification of standing orders and disposal of appeals. Contains information in respect of number of compensated accidents and amount of compensation paid, number of cases of accidents coming up before the Workmen‘s Compensation Commissioners involving adult workers in respect of whom compensation was awarded or disbursed, number of cases handled by the Commissioners for Workmen‘s Compensation, deposits and disbursements under Section 8 of the Workmen‘s Compensation Act, 1923 and disposal of appeals. The statistics presented in this publication relate to the number of women workers claiming maternity benefits and amount paid as maternity benefits in the factories, plantations and mines. Contains statistical information relating to the number of shops, commercial establishments, cinemas, theaters, hotels restaurants, etc., and total number of persons employed therein, ownership of shops and employment therein, inspections made, prosecutions launched, cases disposed off by courts and amount of fines realised. Contains information on number of plantation estates, annual average daily employment by age and sex, normal weekly hours, leave with wages, welfare facilities like canteens, crèches, drinking water, etc. Maternity benefits and Sickness benefits in respect of plantations submitting returns. Contains statistical information relating to number of registered motor transport undertakings and employment therein, normal daily hours of work, rest intervals, the facilities of canteens and rest rooms including medical facilities provided, inspections made, prosecutions launched, convictions obtained and amount of fines realised. Sl. No. 1 Title 2 Latest edition available 3 Periodicity 4 13 Labour Statistics 2010-11 under the Annual Survey of Industries Annual 14 Report on the 2011 Working of the Minimum Wages Act, 1948 Annual B 15 OTHER PUBLICATIONS Wage Rates in Rural 2011-2012 India (Agricultur al year) Consumer Price Index 2011-12 Numbers for Agricultural and Rural Labourers (198687=100) Consumer Price Index 2012 Numbers for Industrial Workers (1982=100) Trade Unions in India 2010 16 17 18 Annual Contents 5 Labour statistics are collected alongwith the annual survey of industries being conducted under the collection of statistics Act, 1953. These reports present serial and comparable data on important labour aspects, viz., absenteeism, labour turnover, earnings, labour cost, salaries and wages and bonus paid, etc. Presents information on employments covered the Minimum Wages Act, 1948, fixation and revision of minimum rates of wages, principles evolved in fixation of minimum wages. Committees, enforcement and implementation of the Act. Annual Contains monthly wage rate statistics relating to 18 agricultural and non-agricultural occupations in the country. Contains detailed information on Consumer Price Index Numbers for Agricultural/Rural Labourers. Annual Contains group-wise and sub-group wise indices for 78 centres with linking factors. Annual Presents data relating to number, membership and finances of trade unions registered under the Trade Union Act, 1926. Family living surveys aim at collecting data on consumption expenditure, levels of living covering aspects such as demographic particulars, sickness and medical treatments, education, conditions of work, social security, employment, housing conditions, indebtedness etc. Family income and expenditure surveys were conducted at 78 industrial centres in the country during 19992000. Based on the results thrown up by these surveys, the weighting diagrams for building up the Labour Bureau‘s Series of Working Class Consumer Price Index Numbers on base: 2001=100 which replaced the earlier series of 1982=100 base, w.e.f, January, 2006 was up-dated. Reports pertaining to the period 1999-2000 were released in the year 2008. In order to assess the working conditions of the workers, the Labour Bureau conducted a comprehensive survey of labour conditions in 46 important manufacturing, mining and plantation industries in a phased manner during 1960-65. The important data collected related to employment, wages and earnings, working conditions, welfare amenities, social security, industrial relations and labour cost. The survey is being conducted on regular basis by taking up one or two industries each year and the reports published thereof. 19 Family Living Survey 1999-2000 of Industrial Workers: Reports for different Centres Ad-hoc 20 Survey of Labour 2009 Conditions Reports on different Industries Ad-hoc 218 Sl. No. 1 Title 2 Latest edition available 3 Periodicity 4 21 Rural Labour Enquiry- 2004-05 Reports Quinquennial 22 Occupational Wage 6th Round Survey Reports Report on Nine Engineering Industries Ad-hoc 23 Socio-economic 2008-09 Conditions of Women Workers in Plantation Industry Statistical Profile on 2009-2011 Women Labour Ad-hoc 25 Contract Labour 2009-11 Surveys: Reports on various Industries Ad-hoc 26 Consumer Price Index 1989 Numbers-India (Reference Book) Ad-hoc 27 Evaluation Studies on 2007-08 the Implementation of the Minimum Wages Act,1948 in Certain Employments Ad-hoc 28 Survey of Working 2008-09 and Living Conditions of Workers in Unorganised Sector of Industries in Certain Industries Ad-hoc C 29 MISCELLANEOUS Wage Fixation in 1993 Industry and Agriculture in India 24 Ad-hoc Ad-hoc 219 Contents 5 Contains data relating to structure of rural/agricultural labour households, their wages and earnings, indebtedness, consumption pattern, employment and general characteristics. Present occupation-wise information on employment, minimum and maximum wage rates, earnings by components, dearness allowance, overtime allowance etc. The break-up of figures relating to these items by age and sex and system of payment, wherever possible, has also been given in the reports. Presents a broad picture of the characteristics of women‘s employment, their working and service conditions, wages and earnings, welfare facilities, living conditions, etc. Contains up-to-date statistics on important aspects of women workers, population, employment, employment service and training, wages and earnings, trade unions, industrial injuries, social security, crèches, etc. Labour Bureau has been conducting Contract Labour Surveys to ascertain the extent, the nature and working conditions of contract labour employed in different industries. The reports contains data on employment, jobs on which contract labour is employed, systems of recruitment, advances, wages and earnings, working conditions, leave and holidays with pay, welfare and other facilities, housing, social security, industrial relations, etc. The Concept of Consumer Price Index Numbers, coverage, consumption, consistency, recommendations /criticisms, etc. have been discussed. Contains a detailed account of the classifications of industry, characteristics of the work force, wages and earnings, enforcement of the Minimum Wages Act, 1948, responsibilities of the enforcement machinery as well as the difficulties faced in the implementation of the provisions of the Act. The reports present in details the working and living conditions of workers including statistics relating to employments, wages, etc., of workers in the respective industries. Present an objective view on regulation of wages, principles of wage fixation and machinery of wage fixation in India. It also includes latest developments in wage fixation. Sl. No. 1 Title 2 Latest edition available 3 Periodicity 4 30 Ninth Digest of Indian 2010 Labour Research 2010 Ad-hoc 31 Report on Working 2005 and Living Conditions of Scheduled Castes Workers in Selected Occupations at Selected Centres Report on the Socio- 2008-09 Economic Conditions of Scheduled Tribes Workers in KBK belt Orissa Ad-hoc Labour Bureau‘s Master Reference Book on Labour Statistics Report on the Survey on Socio-Economic Conditions of Licensed Railway Porters at Five Selected Centres. Report on Child Labour in Indian Industries Report on Employment & Unemployment Survey 1989 Ad-hoc 2004 Ad-hoc 1981 Ad-hoc 2012-13 Ad-hoc 32 33. 34 35 36 37 £ Ad-hoc Contents 5 Contains labour research, details of surveys and studies done in India in the field of labour by Research Scholars/Institutions. The Surveys study the working and living conditions of scheduled caste workers in occupations likes sweeping and scavenging, tanning and flaying, bone crushing and shoe making in selected centres. Contains information relating to employment, training, earnings, working conditions, social security, industrial relations, income and consumption, indebtedness, housing conditions, social customs and faiths, etc., of Scheduled Tribes Labour. Presents all important data and information on different facets of labour in a comprehensive and consolidated form. The report contains data on demographic particulars, earnings, expenditure, assets, consumption habits, indebtedness, health, availability of welfare facilities and industrial relations etc. in respect of Licensed Railway Porters working at the five selected centres. Contains findings of a quick survey undertaken into the problems of Child Labour Provides an assessment of employmentunemployment situation experienced by the economy over the years, range of demographic particulars of the population and various labour force estimates at state and overall level. Various parameters of employment by types of enterprise and working conditions of labour force based on the survey results. Contains findings of quick quarterly surveys undertaken to study the effect of Economic Slowdown in Employment Effect of Economic 2013 Ad-hoc Slowdown on Employment in India Quarterly Reports With effect from the review for the year 2000, they are now being published in the Indian Labour Journal. 220 APPENDICES APPENDIX I LIST OF IMPORTANT LABOUR ACTS Under the Constitution of India, Labour is a subject in the concurrent list where both the Central and State Governments are competent to enact legislations. The Labour related legislations can be categorized as follows: 1) Labour laws enacted by the Central Government, where the Central Government has the sole responsibility for enforcement. 2) Labour laws enacted by Central Government and enforced both by Central and State Governments. 3) Labour laws enacted by Central Government and enforced by the State Governments. 4) Labour laws enacted and enforced by the various State Governments which apply to respective States. (a) Labour laws enacted by the Central Government, where the Central Government has the sole responsibility for enforcement 1. The Employees‘ State Insurance Act, 1948 2. The Employees‘ Provident Fund and Miscellaneous Provisions Act, 1952 3. The Dock Workers (Safety, Health and Welfare) Act, 1986 4. The Mines Act, 1952 5. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess) Act, 1976 6. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labor Welfare Fund Act, 1976 7. The Mica Mines Labour Welfare Fund Act, 1946 8. The Beedi Workers Welfare Cess Act, 1976 9. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972 10. The Cine Workers Welfare (Cess) Act, 1981 11. The Beedi Workers Welfare Fund Act, 1976 12. The Cine Workers Welfare Fund Act, 1981 (b) Labour laws enacted by Central Government and enforced both by Central and State Governments 13. The Child Labour (Prohibition and Regulation) Act, 1986. 14. The Building and Other Constructions Workers‘ (Regulation of Employment and Conditions of Service) Act, 1996. 15. The Contract Labour (Regulation and Abolition) Act, 1970. 16. The Equal Remuneration Act, 1976. 17. The Industrial Disputes Act, 1947. 18. The Industrial Employment (Standing Orders) Act, 1946. 19. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. 221 20. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988 21. The Maternity Benefit Act, 1961 22. The Minimum Wages Act, 1948 23. The Payment of Bonus Act, 1965 24. The Payment of Gratuity Act, 1972 25. The Payment of Wages Act, 1936 26. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 27. The Building and Other Construction Workers Cess Act, 1996 28. The Apprentices Act, 1961 29. Unorganized Workers Social Security Act, 2008 30. Working Journalists (Fixation of Rates of Wages Act, 1958 31. Merchant Shipping Act, 1958 32. Sales Promotion Employees Act, 1976 33. Dangerous Machines (Regulation) Act, 1983 34. Dock Workers (Regulation of Employment) Act, 1948 35. Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997 36. Private Security Agencies (Regulation) Act, 2005 (c) Labour laws enacted by Central Government and enforced by the State Governments 37. The Employers‘ Liability Act, 1938 38. The Factories Act, 1948 39. The Motor Transport Workers Act, 1961 40. The Personal Injuries (Compensation Insurance) Act, 1963 41. The Personal Injuries (Emergency Provisions) Act, 1962 42. The Plantation Labour Act, 1951 43. The Sales Promotion Employees (Conditions of Service) Act, 1976 44. The Trade Unions Act, 1926 45. The Weekly Holidays Act, 1942 46. The Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 47. The Workmen‘s Compensation Act, 1923 48. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959 49. The Children (Pledging of Labour) Act 1938 50. The Bonded Labour System (Abolition) Act, 1976 51. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 222 Also, we may classify labour laws under the following heads: I. Laws related to Industrial Relations such as: 1. Trade Unions Act, 1926 2. Industrial Employment Standing Order Act, 1946. 3. Industrial Disputes Act, 1947. II. Laws related to Wages such as: 4. Payment of Wages Act, 1936 5. Minimum Wages Act, 1948 6. Payment of Bonus Act, 1965. 7. Working Journalists (Fixation of Rates of Wages Act, 1958 III. Laws related to Working Hours, Conditions of Service and Employment such as: 8. Factories Act, 1948. 9. Plantation Labour Act, 1951. 10. Mines Act, 1952. 11. Working Journalists and other Newspaper Employees‘ (Conditions of Service and Misc. Provisions) Act, 1955. 12. Merchant Shipping Act, 1958. 13. Motor Transport Workers Act, 1961. 14. Beedi & Cigar Workers (Conditions of Employment) Act, 1966. 15. Contract Labour (Regulation & Abolition) Act, 1970. 16. Sales Promotion Employees Act, 1976. 17. Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. 18. Dock Workers (Safety, Health & Welfare) Act, 1986. 19. Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996. 20. Building and Other Construction Workers Welfare Cess Act, 1996 21. Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 22. Dangerous Machines (Regulation) Act, 1983 23. Dock Workers (Regulation of Employment) Act, 1948 24. Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997 25. Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 26. Industrial Employment (Standing Orders) Act, 1946 27. Mines and Mineral (Development and Regulation Act, 1957 28. Plantation Labour Act, 1951 29. Private Security Agencies (Regulation) Act, 2005 IV. Laws related to Equality and Empowerment of Women such as: 30. Maternity Benefit Act, 1961 223 31. Equal Remuneration Act, 1976. V. Laws related to Deprived and Disadvantaged Sections of the Society such as: 32. Bonded Labour System (Abolition) Act, 1976 33. Child Labour (Prohibition & Regulation) Act, 1986 34. Children (Pledging of Labour) Act, 1933 VI. Laws related to Social Security such as: 35. Workmen‘s Compensation Act, 1923. 36. Employees‘ State Insurance Act, 1948. 37. Employees‘ Provident Fund & Miscellaneous Provisions Act, 1952. 38. Payment of Gratuity Act, 1972. 39. Employers‘ Liability Act, 1938 40. Beedi Workers Welfare Cess Act, 1976 41. Beedi Workers Welfare Fund Act, 1976 42. Cine workers Welfare Cess Act, 1981 43. Cine Workers Welfare Fund Act, 1981 44. Fatal Accidents Act, 1855 45. Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Cess Act, 1976 46. Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976 47. Limestone and Dolomite Mines Labour Welfare Fund Act, 1972 48. Mica Mines Labour Welfare Fund Act, 1946 49. Personal Injuries (Compensation Insurance) Act, 1963 50. Personal Injuries (Emergency Provisions) Act, 1962 51. Unorganised Workers‘ Social Security Act, 2008 224 APPENDIX 2 LIST OF CONVENTIONS AND RECOMMENDATIONS ADOPTED BY THE INTERNATIONAL LABOUR CONFERENCE 1919-2012 CONVENTIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. Hours of Work (Industry) Convention, 1919 Unemployment Convention, 1919 Maternity Protection Convention, 1919 Night Work (Women) Convention, 1919 Minimum Age (Industry) Convention, 1919 Night Work of Young Persons (Industry) Convention, 1919 Minimum Age (Sea) Convention, 1920 Unemployment Indemnity (Shipwreck) Convention, 1920 Placing of Seamen Convention, 1920 Minimum Age (Agriculture) Convention, 1921 Right of Association (Agriculture) Convention, 1921 Workmen's Compensation (Agriculture) Convention, 1921 White Lead (Painting) Convention, 1921 Weekly Rest (Industry) Convention, 1921 Minimum Age (Trimmers and Stokers) Convention, 1921 Medical Examination of Young Persons (Sea) Convention, 1921 Workmen's Compensation (Accidents) Convention, 1925 Workmen's Compensation (Occupational Diseases) Convention, 1925 Equality of Treatment (Accident Compensation) Convention, 1925 Night Work (Bakeries) Convention, 1925 Inspection of Emigrants Convention, 1926 Seamen's Articles of Agreement Convention, 1926 Repatriation of Seamen Convention, 1926 Sickness Insurance (Industry) Convention, 1927 Sickness Insurance (Agriculture) Convention, 1927 Minimum Wage-Fixing Machinery Convention, 1928 Marking of Weight (Packages Transported by Vessels) Convention, 1929 Protection against Accidents (Dockers) Convention, 1929 Forced Labour Convention, 1930 Hours of Work (Commerce and Offices) Convention, 1930 Hours of Work (Coal Mines) Convention, 1931 Protection against Accidents (Dockers) Convention (Revised), 1932 Minimum Age (Non-Industrial Employment) Convention, 1932 Fee-Charging Employment Agencies Convention, 1933 Old-Age Insurance (Industry, etc.) Convention, 1933 Old-Age Insurance (Agriculture) Convention, 1933 Invalidity Insurance (Industry, etc.) Convention, 1933 Invalidity Insurance (Agriculture) Convention, 1933 Survivors' Insurance (Industry, etc.) Convention, 1933 Survivors' Insurance (Agriculture) Convention, 1933 Night Work (Women) Convention (Revised), 1934 Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 Sheet-Glass Works Convention, 1934 Unemployment Provision Convention, 1934 225 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. Underground Work (Women) Convention, 1935 Hours of Work (Coal Mines) Convention (Revised), 1935 Forty-Hour Week Convention, 1935 Maintenance of Migrants' Pension Rights Convention, 1935 Reduction of Hours of Work (Glass-Bottle Works) Convention, 1935 Recruiting of Indigenous Workers Convention, 1936 Reduction of Hours of Work (Public Works) Convention, 1936 Holidays with Pay Convention, 1936 Officers' Competency Certificates Convention, 1936 Holidays with Pay (Sea) Convention, 1936 Shipowners' Liability (Sick and Injured Seamen) Convention, 1936 Sickness Insurance (Sea) Convention, 1936 Hours of Work and Manning (Sea) Convention, 1936 Minimum Age (Sea) Convention (Revised), 1936 Minimum Age (Industry) Convention (Revised), 1937 Minimum Age (Non-Industrial Employment) Convention (Revised), 1937 Reduction of Hours of Work (Textiles) Convention, 1937 Safety Provisions (Building) Convention, 1937 Convention concerning Statistics of Wages and Hours of Work, 1938 Contracts of Employment (Indigenous Workers) Convention, 1939 Penal Sanctions (Indigenous Workers) Convention, 1939 Migration for Employment Convention, 1939 Hours of Work and Rest Periods (Road Transport) Convention, 1939 Food and Catering (Ships' Crews) Convention, 1946 Certification of Ships' Cooks Convention, 1946 Social Security (Seafarers) Convention, 1946 Seafarers' Pensions Convention, 1946 Paid Vacations (Seafarers) Convention, 1946 Medical Examination (Seafarers) Convention, 1946 Certification of Able Seamen Convention, 1946 Accommodation of Crews Convention, 1946 Wages, Hours of Work and Manning (Sea) Convention, 1946 Medical Examination of Young Persons (Industry) Convention, 1946 Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 Final Articles Revision Convention, 1946 Labour Inspection Convention, 1947 Social Policy (Non-Metropolitan Territories) Convention, 1947 Labour Standards (Non-Metropolitan Territories) Convention, 1947 Right of Association (Non-Metropolitan Territories) Convention, 1947 Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 Contracts of Employment (Indigenous Workers) Convention, 1947 Freedom of Association and Protection of the Right to Organise Convention, 1948 Employment Service Convention, 1948 Night Work (Women) Convention (Revised), 1948 Night Work of Young Persons (Industry) Convention (Revised), 1948 Paid Vacations (Seafarers) Convention (Revised), 1949 Accommodation of Crews Convention (Revised), 1949 Wages, Hours of Work and Manning (Sea) Convention (Revised), 1949 Labour Clauses (Public Contracts) Convention, 1949 Protection of Wages Convention, 1949 226 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145. 146. Fee-Charging Employment Agencies Convention (Revised), 1949 Migration for Employment Convention (Revised), 1949 Right to Organise and Collective Bargaining Convention, 1949 Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 Equal Remuneration Convention, 1951 Holidays with Pay (Agriculture) Convention, 1952 Social Security (Minimum Standards) Convention, 1952 Maternity Protection Convention (Revised), 1952 Abolition of Penal Sanctions (Indigenous Workers) Convention, 1955 Abolition of Forced Labour Convention, 1957 Weekly Rest (Commerce and Offices) Convention, 1957 Indigenous and Tribal Populations Convention, 1957 Seafarers' Identity Documents Convention, 1958 Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958 Plantations Convention, 1958 Discrimination (Employment and Occupation) Convention, 1958 Minimum Age (Fishermen) Convention, 1959 Medical Examination (Fishermen) Convention, 1959 Fishermen's Articles of Agreement Convention, 1959 Radiation Protection Convention, 1960 Final Articles Revision Convention, 1961 Social Policy (Basic Aims and Standards) Convention, 1962 Equality of Treatment (Social Security) Convention, 1962 Guarding of Machinery Convention, 1963 Hygiene (Commerce and Offices) Convention, 1964 Employment Injury Benefits Convention, 1964 Employment Policy Convention, 1964 Minimum Age (Underground Work) Convention, 1965 Medical Examination of Young Persons (Underground Work) Convention, 1965 Fishermen's Competency Certificates Convention, 1966 Accommodation of Crews (Fishermen) Convention, 1966 Maximum Weight Convention, 1967 Invalidity, Old-Age and Survivors' Benefits Convention, 1967 Labour Inspection (Agriculture) Convention, 1969 Medical Care and Sickness Benefits Convention, 1969 Minimum Wage Fixing Convention, 1970 Holidays with Pay Convention (Revised), 1970 Accommodation of Crews (Supplementary Provisions) Convention, 1970 Prevention of Accidents (Seafarers) Convention, 1970 Workers' Representatives Convention, 1971 Benzene Convention, 1971 Dock Work Convention, 1973 Minimum Age Convention, 1973 Occupational Cancer Convention, 1974 Paid Educational Leave Convention, 1974 Rural Workers' Organisations Convention, 1975 Human Resources Development Convention, 1975 Migrant Workers (Supplementary Provisions) Convention, 1975 Tripartite Consultation (International Labour Standards) Convention, 1976 Continuity of Employment (Seafarers) Convention, 1976 Seafarers' Annual Leave with Pay Convention, 1976 227 147. 148. 149. 150. 151. 152. 153. 154. 155. 156. 157. 158. 159. 160. 161. 162. 163. 164. 165. 166. 167. 168. 169. 170. 171. 172. 173. 174. 175. 176. 177. 178. 179. 180. 181. 182. 183. 184. 185. 186. 187. 188. 189. 190. 191. 192. 193. 194. Merchant Shipping (Minimum Standards) Convention, 1976 Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 Nursing Personnel Convention, 1977 Labour Administration Convention, 1978 Labour Relations (Public Service) Convention, 1978 Occupational Safety and Health (Dock Work) Convention, 1979 Hours of Work and Rest Periods (Road Transport) Convention, 1979 Collective Bargaining Convention, 1981 Occupational Safety and Health Convention, 1981 Workers with Family Responsibilities Convention, 1981 Maintenance of Social Security Rights Convention, 1982 Termination of Employment Convention, 1982 Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 Labour Statistics Convention, 1985 Occupational Health Services Convention, 1985 Asbestos Convention, 1986 Seafarers' Welfare Convention, 1987 Health Protection and Medical Care (Seafarers) Convention, 1987 Social Security (Seafarers) Convention (Revised), 1987 Repatriation of Seafarers Convention (Revised), 1987 Safety and Health in Construction Convention, 1988 Employment Promotion and Protection against Unemployment Convention, 1988 Indigenous and Tribal Peoples Convention, 1989 Chemicals Convention, 1990 Night Work Convention, 1990 Working Conditions (Hotels and Restaurants) Convention, 1991 Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 Prevention of Major Industrial Accidents Convention, 1993 Part-Time Work Convention, 1994 Safety and Health in Mines Convention, 1995 Home Work Convention, 1996 Labour Inspection (Seafarers) Convention, 1996 Recruitment and Placement of Seafarers Convention, 1996 Seafarers' Hours of Work and the Manning of Ships Convention, 1996 Private Employment Agencies Convention, 1997 Worst Forms of Child Labour Convention, 1999 Maternity Protection Convention, 2000 Safety and Health in Agriculture Convention, 2001 Seafarers' Identity Documents Convention (Revised), 2003 Maritime Labour Convention, 2006 Promotional Framework for Occupational Safety and Health Convention, 2006 Work in Fishing Convention, 2007 Domestic Workers Convention, 2011 Protocol of 1995 to the Labour Inspection Convention, 1947 Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 Protocol of 1982 to the Plantations Convention, 1958 Protocol of 1996 to the Merchant Shipping (Minimum Standards) Convention, 1976 Protocol of 2002 to the Occupational Safety and Health Convention, 1981 228 RECOMMENDATIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. Unemployment Recommendation, 1919 Reciprocity of Treatment Recommendation, 1919 Anthrax Prevention Recommendation, 1919 Lead Poisoning (Women and Children) Recommendation, 1919 Labour Inspection (Health Services) Recommendation, 1919 White Phosphorus Recommendation, 1919 Hours of Work (Fishing) Recommendation, 1920 Hours of Work (Inland Navigation) Recommendation, 1920 National Seamen's Codes Recommendation, 1920 Unemployment Insurance (Seamen) Recommendation, 1920 Unemployment (Agriculture) Recommendation, 1921 Maternity Protection (Agriculture) Recommendation, 1921 Night Work of Women (Agriculture) Recommendation, 1921 Night Work of Children and Young Persons (Agriculture) Recommendation, 1921 Vocational Education (Agriculture) Recommendation, 1921 Living-in Conditions (Agriculture) Recommendation, 1921 Social Insurance (Agriculture) Recommendation, 1921 Weekly Rest (Commerce) Recommendation, 1921 Migration Statistics Recommendation, 1922 Labour Inspection Recommendation, 1923 Utilisation of Spare Time Recommendation, 1924 Workmen's Compensation (Minimum Scale) Recommendation, 1925 Workmen's Compensation (Jurisdiction) Recommendation, 1925 Workmen's Compensation (Occupational Diseases) Recommendation, 1925 Equality of Treatment (Accident Compensation) Recommendation, 1925 Migration (Protection of Females at Sea) Recommendation, 1926 Repatriation (Ship Masters and Apprentices) Recommendation, 1926 Labour Inspection (Seamen) Recommendation, 1926 Sickness Insurance Recommendation, 1927 Minimum Wage-Fixing Machinery Recommendation, 1928 Prevention of Industrial Accidents Recommendation, 1929 Power-driven Machinery Recommendation, 1929 Protection against Accidents (Dockers) Reciprocity Recommendation, 1929 Protection against Accidents (Dockers) Consultation of Organisations Recommendation, 1929 Forced Labour (Indirect Compulsion) Recommendation, 1930 Forced Labour (Regulation) Recommendation, 1930 Hours of Work (Hotels, etc.) Recommendation, 1930 Hours of Work (Theatres, etc.) Recommendation, 1930 Hours of Work (Hospitals, etc.) Recommendation, 1930 Protection against Accidents (Dockers) Reciprocity Recommendation, 1932 Minimum Age (Non-Industrial Employment) Recommendation, 1932 Employment Agencies Recommendation, 1933 Invalidity, Old-Age and Survivors' Insurance Recommendation, 1933 Unemployment Provision Recommendation, 1934 Unemployment (Young Persons) Recommendation, 1935 Elimination of Recruiting Recommendation, 1936 Holidays with Pay Recommendation, 1936 Seamen's Welfare in Ports Recommendation, 1936 229 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. Hours of Work and Manning (Sea) Recommendation, 1936 Public Works (International Co-operation) Recommendation, 1937 Public Works (National Planning) Recommendation, 1937 Minimum Age (Family Undertakings) Recommendation, 1937 Safety Provisions (Building) Recommendation, 1937 Inspection (Building) Recommendation, 1937 Co-operation in Accident Prevention (Building) Recommendation, 1937 Vocational Education (Building) Recommendation, 1937 Vocational Training Recommendation, 1939 Contracts of Employment (Indigenous Workers) Recommendation, 1939 Labour Inspectorates (Indigenous Workers) Recommendation, 1939 Apprenticeship Recommendation, 1939 Migration for Employment Recommendation, 1939 Migration for Employment (Co-operation between States) Recommendation, 1939 Control Books (Road Transport) Recommendation, 1939 Night Work (Road Transport) Recommendation, 1939 Methods of Regulating Hours (Road Transport) Recommendation, 1939 Rest Periods (Private Chauffeurs) Recommendation, 1939 Income Security Recommendation, 1944 Social Security (Armed Forces) Recommendation, 1944 Medical Care Recommendation, 1944 Social Policy in Dependent Territories Recommendation, 1944 Employment (Transition from War to Peace) Recommendation, 1944 Employment Service Recommendation, 1944 Public Works (National Planning) Recommendation, 1944 Social Policy in Dependent Territories (Supplementary Provisions) Recommendation, 1945 Seafarers' Social Security (Agreements) Recommendation, 1946 Seafarers (Medical Care for Dependants) Recommendation, 1946 Vocational Training (Seafarers) Recommendation, 1946 Bedding, Mess Utensils and Miscellaneous Provisions (Ships' Crews) Recommendation, 1946 Medical Examination of Young Persons Recommendation, 1946 Night Work of Young Persons (Non-Industrial Occupations) Recommendation, 1946 Labour Inspection Recommendation, 1947 Labour Inspection (Mining and Transport) Recommendation, 1947 Employment Service Recommendation, 1948 Labour Clauses (Public Contracts) Recommendation, 1949 Protection of Wages Recommendation, 1949 Migration for Employment Recommendation (Revised), 1949 Vocational Guidance Recommendation, 1949 Vocational Training (Adults) Recommendation, 1950 Minimum Wage-Fixing Machinery (Agriculture) Recommendation, 1951 Equal Remuneration Recommendation, 1951 Collective Agreements Recommendation, 1951 Voluntary Conciliation and Arbitration Recommendation, 1951 Holidays with Pay (Agriculture) Recommendation, 1952 Co-operation at the Level of the Undertaking Recommendation, 1952 Maternity Protection Recommendation, 1952 Minimum Age (Coal Mines) Recommendation, 1953 Protection of Workers' Health Recommendation, 1953 Holidays with Pay Recommendation, 1954 230 99. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145. 146. 147. 148. Vocational Rehabilitation (Disabled) Recommendation, 1955 Protection of Migrant Workers (Underdeveloped Countries) Recommendation, 1955 Vocational Training (Agriculture) Recommendation, 1956 Welfare Facilities Recommendation, 1956 Weekly Rest (Commerce and Offices) Recommendation, 1957 Indigenous and Tribal Populations Recommendation, 1957 Ships' Medicine Chests Recommendation, 1958 Medical Advice at Sea Recommendation, 1958 Seafarers' Engagement (Foreign Vessels) Recommendation, 1958 Social Conditions and Safety (Seafarers) Recommendation, 1958 Wages, Hours of Work and Manning (Sea) Recommendation, 1958 Plantations Recommendation, 1958 Discrimination (Employment and Occupation) Recommendation, 1958 Occupational Health Services Recommendation, 1959 Consultation (Industrial and National Levels) Recommendation, 1960 Radiation Protection Recommendation, 1960 Workers' Housing Recommendation, 1961 Reduction of Hours of Work Recommendation, 1962 Vocational Training Recommendation, 1962 Guarding of Machinery Recommendation, 1963 Termination of Employment Recommendation, 1963 Hygiene (Commerce and Offices) Recommendation, 1964 Employment Injury Benefits Recommendation, 1964 Employment Policy Recommendation, 1964 Employment (Women with Family Responsibilities) Recommendation, 1965 Minimum Age (Underground Work) Recommendation, 1965 Conditions of Employment of Young Persons (Underground Work) Recommendation, 1965 Vocational Training (Fishermen) Recommendation, 1966 Co-operatives (Developing Countries) Recommendation, 1966 Maximum Weight Recommendation, 1967 Communications within the Undertaking Recommendation, 1967 Examination of Grievances Recommendation, 1967 Invalidity, Old-Age and Survivors' Benefits Recommendation, 1967 Tenants and Share-croppers Recommendation, 1968 Labour Inspection (Agriculture) Recommendation, 1969 Medical Care and Sickness Benefits Recommendation, 1969 Minimum Wage Fixing Recommendation, 1970 Special Youth Schemes Recommendation, 1970 Vocational Training (Seafarers) Recommendation, 1970 Seafarers' Welfare Recommendation, 1970 Employment of Seafarers (Technical Developments) Recommendation, 1970 Crew Accommodation (Air Conditioning) Recommendation, 1970 Crew Accommodation (Noise Control) Recommendation, 1970 Prevention of Accidents (Seafarers) Recommendation, 1970 Workers' Representatives Recommendation, 1971 Benzene Recommendation, 1971 Dock Work Recommendation, 1973 Minimum Age Recommendation, 1973 Occupational Cancer Recommendation, 1974 Paid Educational Leave Recommendation, 1974 231 149. 150. 151. 152. 153. 154. 155. 156. 157. 158. 159. 160. 161. 162. 163. 164. 165. 166. 167. 168. 169. 170. 171. 172. 173. 174. 175. 176. 177. 178. 179. 180. 181. 182. 183. 184. 185. 186. 187. 188. 189. 190. 191. 192. 193. 194. 195. 196. 197. 198. Rural Workers' Organisations Recommendation, 1975 Human Resources Development Recommendation, 1975 Migrant Workers Recommendation, 1975 Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 Protection of Young Seafarers Recommendation, 1976 Continuity of Employment (Seafarers) Recommendation, 1976 Merchant Shipping (Improvement of Standards) Recommendation, 1976 Working Environment (Air Pollution, Noise and Vibration) Recommendation, 1977 Nursing Personnel Recommendation, 1977 Labour Administration Recommendation, 1978 Labour Relations (Public Service) Recommendation, 1978 Occupational Safety and Health (Dock Work) Recommendation, 1979 Hours of Work and Rest Periods (Road Transport) Recommendation, 1979 Older Workers Recommendation, 1980 Collective Bargaining Recommendation, 1981 Occupational Safety and Health Recommendation, 1981 Workers with Family Responsibilities Recommendation, 1981 Termination of Employment Recommendation, 1982 Maintenance of Social Security Rights Recommendation, 1983 Vocational Rehabilitation and Employment (Disabled Persons) Recommendation, 1983 Employment Policy (Supplementary Provisions) Recommendation, 1984 Labour Statistics Recommendation, 1985 Occupational Health Services Recommendation, 1985 Asbestos Recommendation, 1986 Seafarers' Welfare Recommendation, 1987 Repatriation of Seafarers Recommendation, 1987 Safety and Health in Construction Recommendation, 1988 Employment Promotion and Protection against Unemployment Recommendation, 1988 Chemicals Recommendation, 1990 Night Work Recommendation, 1990 Working Conditions (Hotels and Restaurants) Recommendation, 1991 Protection of Workers' Claims (Employer's Insolvency) Recommendation, 1992 Prevention of Major Industrial Accidents Recommendation, 1993 Part-Time Work Recommendation, 1994 Safety and Health in Mines Recommendation, 1995 Home Work Recommendation, 1996 Labour Inspection (Seafarers) Recommendation, 1996 Recruitment and Placement of Seafarers Recommendation, 1996 Seafarers' Wages, Hours of Work and the Manning of Ships Recommendation, 1996 Private Employment Agencies Recommendation, 1997 Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 Worst Forms of Child Labour Recommendation, 1999 Maternity Protection Recommendation, 2000 Safety and Health in Agriculture Recommendation, 2001 Promotion of Cooperatives Recommendation, 2002 List of Occupational Diseases Recommendation, 2002 Human Resources Development Recommendation, 2004 Work in Fishing Recommendation, 2005 Promotional Framework for Occupational Safety and Health Recommendation, 2006 Employment Relationship Recommendation, 2006 232 199. 200. 201. 202. Work in Fishing Recommendation, 2007 HIV and AIDS Recommendation, 2010 Domestic Workers Recommendation, 2011 Social Protection Floors Recommendation, 2012 233 APPENDIX 3 SELECT BIBLIOGRAPHY In order to keep the readers well informed of the latest available literature on labour matters, the first ‗Select Bibliography‘ was included in the 1948-49 edition of the Year Book Since then it is being updated and published in the successive editions. In this issue of the Year Book an effort has been made to include as much bibliographical information pertaining to the Year 2012 as possible. For a list of previous publications, earlier editions of the Year Book may be consulted. 1. PUBLICATIONS, REPORTS, ETC, OF THE CENTRAL GOVERNMENT Ministry of Labour and Employment Annual Report of the Ministry of Labour 2012-2013. IInd Labour Commission Report. Directorate General of Mines Safety, Dhanbad Quarterly Bulletin for metalliferous Mines. Annual Report of Directorate General of Mines Safety. Directorate General of Employment and Training, New Delhi Monthly Highlights of Employment and Unemployment. Annual Report of the DGE&T. Annual Report to the People on Employment. Employment Exchange Statistic. Census of Central Government Employees, 2009 Ministry of Railways Annual Report and Accounts of Indian Railways, 2010-11. Employees Provident Fund Organisation Annual Report 2012-13 Labour Bureau, Shimla/Chandigarh Indian Labour Journal (Monthly). Indian Labour Year Book 2009 and 2010 Statistics on Industrial Disputes, Closure, Retrenchment and Lay-off in Industries in India during the year 2010 Consumer Price Index Numbers for Industrial Workers – Annual Report 2012 Consumer Price Index Numbers for Agricultural and Rural Labourers (Base:1986-87=100) – Annual Report 2011-2012 (Agricultural Year) Wage Rates in Rural India 2011-2012 (Agricultural Year) Annual Survey of Industries 2010-2011 (Vol.I.) Statistics on Employment and Labour Cost Annual Survey of Industries 2010-2011 (Vol.II.) Report on Absenteeism, Labour Turnover, Employment and Labour cost Pocket Book of Labour Statistics 2010-11 (Bilingual) Annual Reviews for the year 2010 on the Working of the Industrial Employment (Standing Orders) Act 1946; the Workmen‘s Compensation Act 1923; the Maternity Benefit Act, 1961, and the Shops and Commercial Establishments Acts. Ninth Digest of Indian Labour Research 2010 Report on the Working of the Minimum Wages Act, 1948 for the year 2011 V.V.Giri National Labour Institute, Noida Employment and Social Protection of Cashew Workers in India With Special Reference to Kerala Skill Mapping in Andaman & Nicobar Islands 234 Shram Vidhan Child Labour and Legislative Framework Changing Land Utilisation Patterns in Tea Plantation Sector in West Bengal: Some Policy Imperatives Labour & Development Social Security for International Labour Migrants: Issues and Policy Options Child Labour and Health Hazards Worker‘s Rights and Practices in the Contemporary Scenario: An Overview Work Participation and Time-Use Pattern of Women in Rural Arunachal Prades Fundamental Principles and Rights at Work and Informal Economy in India: Trends, Initiatives and Challenges The Anti-Khoti Movement in the Konkan, C. 1920-1949 Migrant and Trafficked Children in Hazardous Employment: The Case of Nagaland Expansion of Natural Rubber Cultivation in Tripura: Impact on Landholding, Employment and Income Awards Digest ILO Convention 181: Issues and Challenges in the Context of Private Placement Agencies in India Comprehending Child Labour Convergence of Social Security Schemes for Elimination of Child Labour Ministry of Shipping Annual Report, 2012-2013. Ministry of Communications Annual Report, 2012-2013. Ministry of Women and Child Development Annual Report 2012-2013. Ministry of Road Transport & Highways Annual Report 2012-2013. Ministry of Finance Economic Survey 2012-2013. Ministry of Human Resource Development Annual Report 2012-2013. Ministry of Rural Development Annual Report, 2012-2013. Ministry of Urban Development Annual Report, 2012-2013. Central Board for Workers Education CBWE News (Monthly). Workers‘ Education Journal (Quarterly). National Sample Survey Office Level and Pattern of Consumer Expenditure 68th Round 2011-12 Employment and Unemployment Situation in India 68th Round 2011-12 Key Indicators of Employment And Unemployment in India, 2011-12 Key Indicators of Household Consumer Expenditure in India, 2011-12 Key Results of Survey on Unincorporated Non-agricultural Enterprises in India, 2010-11 Central Statistical Organisation Situation Analysis of the Elderly in India 2011 India in figures a Ready Reference 2011 Women and Men in India(annual)-2011 Millennium Development goals-India Country Report(Biennial) 2011 235 Statistical Year Book India, 2012 Informal Sector & Conditions of Employment in India 2009-10 (Vol. I & II) Selected Socio Economic Statistics 2011 International Labour Organisation Global Employment Trends for Women 2012 Global Wage Report 2012/13: Wages and Equitable Growth Gender Equality and Decent Work: Selected ILO Conventions and Recommendations that promote gender equality as of 2012 Labour in the Global South: Challenges and alternatives for workers e-OSH 2012: Electronic library on occupational safety and health Confronting Finance: Mobilizing the 99% for economic and social progress Working towards sustainable development: Opportunities for decent work and social inclusion in a green economy Effective Protection for Domestic Workers: A guide to designing labour laws International Standard Classification of Occupations 2008 (ISCO-08): Structure, group definitions and correspondence tables World of Work Report 2012 "Better Jobs for a Better Economy" Protecting the Poor: A microinsurance compendium. Vol. II Work Inequalities in the Crisis: Evidence from Europe Human Rights, Development and Decolonization. The International Labour Organization, 1940–70 Global Employment Trends 2012: Preventing a deeper jobs crisis Measuring the Economically Active in Population Censuses: A Handbook Guidelines for Port State Control Officers Carrying out Inspections under the Work in Fishing Convention, 2007 (No.188) Stress Prevention at Work Checkpoints. Practical improvements for stress prevention in the workplace Ergonomic Checkpoints in Agriculture 2. PUBLICATIONS, REPORTS, ETC OF THE STATE GOVERNMENTS Directorate of Economics and Statistics, Andhra Pradesh Price Wage and Index Numbers Directorate of Economics and Statistics, Bihar Bihar at a Glance, 2011 Bihar Statistical Hand Book, 2012 Directorate of Economics and Statistics, Gujarat Socio Economic Review Statistical Outline Gujarat Directorate of Economics and Statistics, Goa Index of Industrial Production in Goa Directorate of Economics and Statistics, Himachal Pradesh Economic Review of Himachal Pradesh Directorate of Economics and Statistics, Jammu & Kashmir Economic Review of J&K Compendium of Evaluation Studies J&K in Indian Economy Directorate of Economics and Statistics, Maharashtra Hand Book of Basic Statistics of Maharashtra State Economic Survey Economy in Figures 236 Directorate of Economics and Statistics, Manipur Economic Survey Price Statistics of Manipur Directorate of Economics and Statistics, Rajasthan Economic Review Directorate of Economics and Statistics, Tamil Nadu Statistical Hand Book of Tamil Nadu Directorate of Economics and Statistics, Delhi Labour Statistics Government of Tripura Labour in TripuraGovernment of Orissa Labour Statistics Directorate of Economics and Statistics, Uttar Pradesh Statistical Abstract, Uttar Pradesh District Statistical Handbook 237 3. LIST OF SELECTED JOURNALS OF LABOUR INTEREST PUBLISHED IN INDIA Name of Journal Periodicity Place of Language Source Publication Employment Weekly Delhi English D.G.E.&.T., Ministry of Labour New Delhi Indian Labour Journal Monthly Shimla -doLabour Bureau, Ministry of Labour, Shimla Monthly Coal Bulletin -doDhanbad -doDirector General Mines, Safety, Dhanbad Andhra Pradesh Labour -doHyderabad English Labour Department, Govt. of Bulletin /Telgu/Urdu Andhra Pradesh Shramik -doPatna Hindi Commissioner of Labour, Govt. of Bihar Gujarat Labour Gazette -doAhmedabad English Commissioner of Labour, Govt. of Gujarat Compendium of Labour Decennial -do-do-doStatistics, Gujarat Haryana Labour Journal Quarterly Chandigarh Hindi /English Government of Haryana, Labour Department Quarterly Labour News Monthly Srinagar English Labour Commissioner, Govt. of Bulletin J&K Quarterly Bulletin of Quarterly Ahmeda-doGovernment of Gujarat Economics and Statistics bad The Kerala Labour Monthly Thiruvanan- Malayalam Commissioner of Labour, Govt. Gazette thapuram of Kerala Thozhil Rangam Bi-Monthly -doMalayalam Commissioner of Labour, Govt. of Kerala Karnataka Labour -doBangalore English/ Government of Karnataka, Journal Kannada Department of Labour Quarterly Bulletin of Quarterly Bangalore English Government of Karnataka Economics and Statistics Madhya Pradesh Labour -doIndore English/ Hindi Labour Commissioner, Govt. of Gazette Madhya Pradesh Industrial Court Reporter Monthly Mumbai English Commissioner of Labour, Govt. of Maharashtra Labour Gazette Monthly Mumbai -doCommissioner of Labour, Govt. of Maharashtra Quarterly State Quarterly Mumbai -doSEMI Unit at State Directorate Employment Review of Employment, Maharashtra Rajasthan Shram Patrika -doJaipur English/ Hindi Labour Commissioner Govt. of Rajasthan Pragati Vivran Annual Jaipur Hindi -doQuarterly Bulletin of Quarterly Mumbai English Commissioner of Labour, Economics and Statistics Director of Employment, Government of Maharashtra Shramik Monthly Bhubaneshwar Hindi Labour Commissioner, Govt. of Orissa Quarterly Bulletin of Quarterly Bhubaneshwar English Government of Orissa Economics and Statistics 238 Name of Journal Tamil Nadu Labour Journal Uzharppavar Ulagam (Workers World) Shramjivi Labour Bulletin Periodicity Place of Publication Monthly Chennai Quarterly Monthly Monthly Language Source -do- English / Tamil Tamil Commissioner of Labour, Govt. of Tamil Nadu -do- Lucknow Kanpur Hindi English Quarterly Bulletin of Quarterly Economics and Statistics West Bengal Labour Monthly Gazette Punjab Labour Journal Monthly -do- -do- Kolkata -do- Chandigarh -do- Punjab Labour News Monthly Bulletin Quarterly Bulletin of Quarterly Economics and Statistics Labour Statistics Annual -do- -do- -do- -do- Delhi -do- Review of the Working of Employment Exchanges Act Employment Market News Digest Labour Law Journal Industrial Relations Quarterly -do- -do- Directorate of Information, U.P Commissioner of Labour, Government of U.P Labour Department, Government of U.P Labour Department, Govt. of West Bengal Labour Department, Govt. of Punjab Labour Commissioner, Govt. of Punjab Labour Commissioner, Govt. of Punjab Labour Commissioner, Delhi Administration Directorate of Employment and Training, Ministry of Labour -do-doMonthly Fortnightly -do-doChennai Kolkata -do-do-do-do- Ispat Samachar Monthly -do- Durgapur Steel Tidings Durgapur Ispat Darpan Ispat Sambad Hind Mazdoor Quarterly Quarterly Monthly Monthly -do-do-doMumbai Maharashtra Mazdoor -do- -do- Mill Mazdoor -do- -do- -do-doChennai Journal of the Indian Institute of Personnel Management English/Hindi/ Indian Iron and Steel Company, Bengali Burnpur English Durgapur Steel Plant Hindi -doEnglish -doEnglish Hind Mazdoor Sabha, Nagindas Chambers -doMaharashtra State Council of the Sabha (HMS) Hindi Mill Mazdoor Sabha (HMS) Chemical Mazdoor Monthly -do- Marahti Sagar Deep Monthly -do- -do- Film Mazdoor Patrika Quarterly -do- -do- 239 Chemical Mazdoor Sabha, (HMS) Transport and Dock Workers Union (HMS) Indian Motion Picture Employees Union (HMS) Name of Journal Periodicity HMS Bulletin Oceanite Labour Bulletin Monthly Monthly Monthly Trade Union Builder Railway Sentinal Not periodic Monthly Mazdoor Monthly Brooke Bond Mazdoor Patrika Ukkina Varthe Not periodic Monthly Safety Magazine Quarterly Sphere Bi-Monthly Urvarak Samachar Monthly Talcher News Bi-Monthly Communiqué Monthly Sahayoga Fortnightly Rourkela News Safety News Tisco News Tisco Samachar Khas Baat Mazdoor Awaz Supervisors Newsletter Taal Mel Planter‘s Chronicle Monthly Monthly Bi-Monthly Bi-Monthly Fortnightly Monthly Bi-monthly Fortnightly Fortnightly Sindri News Bi-Monthly Sindri Samachar Monthly Namrup News Bi-Monthly Kadarkanni Chennai Thuraimugam Chennai Port Monthly Bi-Monthly Bi-Monthly Place of Language Source Publication Mumbai/ Delhi English/Hindi Hind Mazdoor Sabha, Mumbai -doEnglish Maritime Union of India(HMS) Bhubaneshwar -doLabour Commissioner, Government of Orissa Mumbai -doMetal and Engineering Kamgar Sabha (HMS) Mumbai -doWestern Railway Employees‘ Union Mumbai (HMS) Mumbai Gujarati Baroda City Labour Council (HMS) Nagpur Marathi Brooke Bond Karamchari Samidhi Samittee (HMS) Kannada Mysore Iron and Steel Ltd., Bhadravati Kannada/ Mysore Iron and Steel Ltd., English Bhadravati New Delhi English/Hindi Fertilizer Corporation of India, Nangal Unit Gorakphur -doFertilizer Corporation of India, Gorakphur Unit Talcher -doFertilizer Corporation of India, Talcher Unit Talcher Oriya/English Fertilizer Corporation of India, Talcher Unit Rourkela English/Oriya/ Hindustan Steel Ltd., Rourkela Hindi Steel Plant Rourkela English/ Oriya -doRourkela English -doJamshedpur -doThe Tata Iron & Steel Co. Ltd., -doHindi -do-do-do-do-doEnglish -do-do-do-do-doHindi -doCoonoor English United Planter‘s Association of India Sindri -doFertilizer Corporation of India, Ltd., Sindri Unit, Bihar -doHindi Fertilizer Corporation of India, Ltd., Sindri Unit, Bihar Namrup English Fertilizer Corporation of India, Ltd., Namrup Unit Chennai Tamil Madras Dock Labour Board -do-doMadras Dock Labour Board -doTamil/English/ Madras Dock Labour Board Hindi 240 Name of Journal Bombay Tower Barauni News Annapurana Rudrama Fertilizer Digest Durgapur Fertilizer Journal Visakha Revu Patrika Periodicity Place of Language Source Publication Bi-Monthly Mumbai English/Hindi Fertilizer Corporation of India, Marathi Ltd., Trombay Unit, Maharashtra Quarterly Barauni English Fertilizer Corporation of India Urvarak Ltd., Barauni Division, Bihar Nagar Quarterly Ramagund-am English/Telugu Fertilizer Corporation of India Ltd., Ramagundam Division Quarterly Telugu Fertilizer Corporation of India Ltd., Ramagundam Division Bi-Monthly Hindi and Fertilizer Corporation of India English Ltd., Central Office New Delhi Quarterly Durgapur -doFertilizer Corporation of India Ltd., Durgapur Unit BSP Magazine Ispat Vihangam Spot Light Prakarima Steel Bulletin The Lagoon Fourmonthly Quarterly -doMonthly Monthly Fortnightly Half Yearly Visakhapatnam Bhilai -do-do-do-doMangalore Telugu Visakhapatnam English Hindi English Hindi English/Hindi English/Hindi/ kannada Marathi Hindi/English/ Tamil English Bhilai Steel Plant, Bhilai -do-do-do-doNew Mangalore Port Trust Girini Samachar BGML News Bulletin Monthly - Mumbai - Personnel News Quarterly Bokaro Steel City Bokaro News Bi-Monthly -do- -do- Bokaro Samacharika Management Bulletin Fortnightly -doQuarterly -do- Hindi English Indian Journal of Labour Quarterly Economics Lucknow English The Journal of the National Institute of Labour Management VISL News VISL Varthe Vocational Bulletin Quarterly Mumbai -do- Quarterly Quarterly Monthly Bhadravati -doPanaji-Goa -doKannada English 241 Millowners Association Bharat Gold Mines Ltd. Karnataka, Personnel Department, Bokaro Steel Plant, Bokaro Steel City… Public Relations Department, Bokaro Steel Plant, Bokaro -doManagement, Development and Training Department, Bokaro Steel Plant, Bokaro Indian Journal of Labour Economics, Department of Economics, University of Lucknow The National Institute of Labour Management, Mumbai Visesvarya Iron and Steel Plant -doCommissioner of Labour and Employment, Govt. of Goa Name of Journal Periodicity Productivity Journal Quarterly Place of Language Publication New Dehli -do- Productivity News Utpadkta Workers Education Monthly Monthly Quarterly New Delhi -doNagpur -doHindi English Indian Journal of Industrial Relations Indian Worker Quarterly Delhi -do- Weekly -do- -do- Awards Digest Monthly Delhi English V.V.Giri NLI Newsletters Shram Vidhan Mines Safety Digest Monthly -do- -do- Smriti Quarterly Guriti Trade Union Record Quarterly Korba Fortnightly Delhi Bi-Monthly -doQuarterly Dhanbad Source National Productivity Council of India, Golf Link, New Delhi -do-doCentral Board for Workers‘ Education Shri Ram Centre for Industrial Relation and Human Resources Indian National Trade Union Congress, New Delhi V.V.Giri National Labour Institute, Noida -do- Hindi Egnlish -doDirector, National Council for Safety in Mines English/Hindi Fertilizer Corporation of India Ltd., Korba Division English/Hindi -doEnglish All India Trade Union Congress -doCurrent Labour Reports, Labour Law Agency, B-19, Arun Chambers, Tardeo Road, Mumbai-34 English/ Hutti Gold Mines Ltd., Kannada Korba Current Labour Reports Monthly Mumbai HGML Bulletin Quarterly Hutti Industrial Safety News Industrial Safety Chronicle CBWE News letter Monthly Quarterly Mumbai -do- English -do- Monthly Nagpur -do- CBWE Samachar Apna Port Suraksha Samachar Hindi Samachar Goenchim Monthly Quarterly Quarterly Monthly Monthly -doMumbai -do-doMormugao Yours Faithfully IISCO Samachar Monthly Quarterly Burnpur Burnpur 242 National Safety Council -do- Central Board for Workers Education Hindi -doHindi/Marathi Mumbai Port Trust Hindi/Marathi -doHindi -doHindi/Marathi/ Mormugao Port Trust English English Burnpur Steel Plant Hindi/Bengali Burnpur Steel Plant PDLB.19.2011-2012 300-2014 (DSK-III) Price Rs. 200.00 Printed by the Printing Unit, Labour Bureau, Shimla for the Controller of Publications, Civil Lines, Delhi - 110054 243
© Copyright 2024