Ministry of Labour & Employment ************ Notes on the List of Subjects selected by Parliamentary Standing Committee on Labour 1.

Review of ILO conventions binding on India and the measures taken by the Government to implement them

India is one of the founding members of the ILO and has been playing a very proactive role in the proceedings of the ILO ever since its inception. The principal function of the ILO is to take care of the interests of the workers by means of setting up the international labour standards in the form of Conventions, Recommendations and Protocols. To achieve its aims and objectives, the ILO has identified the following four strategic objectives:To promote and realize standards and fundamental principles and rights at work. To create greater opportunities for women and men to secure decent employment. To enhance the coverage and effectiveness of social protection for all. To strengthen tripartism and social dialogue. ILO Conventions are international labour instruments or treaties, which on ratification create legally binding obligations upon the States. Recommendations are instruments providing guidance for policy formulation and action by the governments, employers and workers organizations. They are not intended to give rise to obligations, nor are they needed to be ratified by member States. A Protocol is an instrument that partially modifies a Convention. It is open to ratification by a State already bound by or simultaneously ratifying and becoming bound by the Convention in question. RATIFICATION PROCEDURES Ratification of an ILO Convention is a voluntary process. A ratifying country voluntarily undertakes to apply their provisions, to adapt national laws and practices to their requirements. Ratification of an ILO Convention is legally binding. A ratifying country is subject to international supervisory procedures. In India, an ILO Convention is ratified only when the national laws and practices are brought fully into conformity with the provisions of the Convention in question. Indian policy regarding ratification is that before the ratification of any Convention the existing National laws are amended first and be brought in total conformity with the provisions of the Convention.

The ILO has so far adopted 189 Conventions and 201 Recommendations. Out of the 189 ILO Conventions, India has so far ratified 43 Conventions which includes 4 (four) core or fundamental human rights Conventions, but has denounced C.No.2 concerning Unemployment Convention,1919 and C.No.41 concerning Night Work (Women) Convention (Revised), 1934. The following 8 Conventions of the ILO are classified as the core or the Fundamental Human Rights Conventions: Convention No.29 concerning Forced Labour Convention No.87 concerning Freedom of Association and Protection of the Right to Organize Convention No.98 concerning Right to Organize and Collective Bargaining Convention No.100 concerning Equal Remuneration Convention No.105 concerning Abolition of Forced Labour Convention No.111 concerning Discrimination (Employment and Occupation) Convention No.138 concerning Minimum Age Convention No.182 concerning Worst Forms of Child Labour India has so far ratified Conventions No. 29, 100, 105 and 111. The status of implementation of the ratified core Conventions is indicated below:Convention No.29 concerning Forced Labour was adopted in 1930. The Convention envisages suppressing the use of forced or compulsory labour in all its forms within the shortest possible period. The term forced or compulsory labour mean all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily. Nevertheless, the term forced or compulsory labour shall not include:any work or service exacted in virtue of compulsory military service laws for work of a purely military character; any work or service which forms part of the normal civic obligations of the citizens of a fully self-governing country; any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations; any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity, such as fire, flood, famine, earthquake, violent epidemic or epizootic diseases, invasion by animal, insect or vegetable pests, and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population;

minor communal services of a kind which, being performed by the members of the community in the direct interest of the said community, can therefore be considered as normal civic obligations incumbent upon the members of the community, provided that the members of the community or their direct representatives shall have the right to be consulted in regard to the need for such services. Forced, Bonded or Indentured Child Labour is prohibited under Indian Law. The Constitution of India and other democratic institutions, especially an independent and proactive judiciary, and free press, are instrumental in tackling the menace of forced labour practices. Further, the Bonded Labour System (Abolition) Act, 1976 and rules made there under contain adequate provisions for abolition of bonded or compulsory labour. The Indian Penal Code contains adequate provisions for punishment with imprisonment and/or fines for offences relating to forced or bonded labour. India ratified this Convention on 30th November, 1954. Convention No. 105 concerning Abolition of Forced Labour was adopted in 1957. The Convention envisages to growth and not to make use of any form of forced or compulsory labour- (a) as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system; (b) as a method of mobilizing and using labour for purposes of economic development; (c) as a means of labour discipline; (d) as a punishment for having participated in strikes; (e) as a means of racial, social, national or religious discrimination. It also prescribes to take effective measures to secure the immediate and complete abolition of forced or compulsory labour as specified above. The Bonded Labour System (Abolition) Act, 1976 provides for abolition of bonded labour system. The Act also provides for statutory institutional mechanism to prevent bonded or forced child labour in the form of Vigilance Committees at the District and SubDivisional level to monitor the situation on the ground. The Act also lays down stringent penal provisions for the offending employers. Sincere efforts are made by the Central Government, State Governments, the NGOs and Research Institutions for identification, release, and rehabilitation of bonded labour. Besides, the National Human Rights Commission has been monitoring the implementation of government policy with respect to bonded and forced child labour. India ratified this Convention on 18.05.2000. India has been constantly scrutinized by the ILO Conference Committee on the Application of Standards (CCAS) on the above two Conventions. Convention No.100 concerning Equal Remuneration Convention was adopted in 1951. The Convention prescribes an equal remuneration for men and women workers for work of equal value i.e. the rates of remuneration should be established without discrimination based on sex. The term remuneration includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment. India ratified this Convention on September 25, 1958. In India, within the Constitutions Directive Principles of State Policy, Article 39 (d) states that there shall be equal pay for equal work for both men and women. To give

effect to the constitutional provisions as well as to ensure the enforcement of ILO Convention No.100 concerning Equal Remuneration to men and women for work of equal value, the Equal Remuneration Act, 1976 was enacted. Section 4 (1) of the Equal Remuneration Act, 1976 stipulates that no employer shall pay to any worker, employed by him in an establishment or employment, remuneration, whether payable in cash or kind, at rates less favourable than those at which remuneration is paid by him to workers of the opposite sex in such establishment or employment for performing the same work or work of similar nature. Section 5 of the Equal Remuneration Act, 1976 also prevents 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. As per Section 2 (g) of the Equal Remuneration Act, 1976 remuneration means the basic wage or salary, and any additional emoluments whatsoever payable, either in cash or in kind, to a person employed in respect of employment of work done in such employment, if the terms of the contract of employment, express or implied, were fulfilled. As per the definition given in Section 2 (h) of the Equal Remuneration Act, 1976 same work or work of similar nature means work in respect of which the skill, effort and responsibility required are the same, when performed under similar working conditions, by a man or woman and the differences, if any, between the skill, effort and responsibility required of a man and those required of a women are not of practical importance in relation to the terms and condition of employment. Minimum wages for men and women workers are determined in accordance with the provisions of the Minimum Wages Act, 1948. The Minimum Wages Act provides for fixation and revision of minimum wages of the workers engaged in the scheduled employments by the Central as well as the State Governments under their respective spheres in their capacity as the appropriate Government. Section 12 of the Act stipulates that the employer shall pay to every employee engaged in a scheduled employment the wages at a rate not less than the minimum rate of wages fixed under the Act. Convention No.111 concerning Discrimination (Employment & Occupation) Convention was adopted in 1958. The Convention prohibits any discrimination made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. The terms employment and occupation include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. The Government of India ratified this Convention on 03.06.1960. Article 15 of the Constitution of India prohibits discrimination on grounds of religion, race, caste, sex or place of birth. Article 15 of the Constitution of India prohibits discrimination on grounds of religion, race, caste, sex or place of birth. Concerted efforts have been made by the Government to give effect to the provisions of ILO Convention. A large number of welfare schemes and programmes are being implemented by Government for Social and economic upliftment of SC/ST/OBCs. Reservation policy in public employment is being enforced. Steps are being taken for advancement and empowerment of women in the field of education, training and employment.

The prevention of sexual harassment of women at the workplace also has the force of law under Article 141 of the Constitution of India which covers the following issues:Sexual harassment includes such unwelcome sexually determined behaviors (whether directly or by implication) as: physical contact and advances; a demand or request for sexual favours; sexually coloured remarks; showing pornography; any other unwelcome physical, verbal or non-verbal conduct of sexual nature. The onus for taking action in this context has been placed squarely on the employer or other responsible persons in workplaces and other institutions. The preventive steps required to be taken includes: To notify, publish and circulate the express prohibition of sexual harassment as defined by the court. Government/public sector rules and regulations to include clauses prohibiting sexual harassment and provide for appropriate penalties against offenders. As regards private employers steps to be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946. Appropriate work conditions to be provided for women employees. Regarding resolution, settlement or prosecution, it stipulates that: In case of misconduct as defined under the service rules disciplinary action to be initiated by the employer. Appropriate complaint mechanisms to be established. These must ensure time bound treatment of complaints; committees should be set up where necessary (modalities to be setting up of the committee have been detailed by the court). Affirmative discussion on the subject to be allowed/encouraged at worker meetings and other appropriate forums. Employers must provide all the assistance necessary in cases of third party harassment. Concerted efforts have been made by the Government to give effect to these guidelines and norms throughout the country. There also exist an active judiciary, free press, and vibrant civil societies exist in the country, which act as watchdog continuously.

Measures taken by Government of India for Implementation of ILO Conventions: Implementation of ILO Conventions is constantly checked by a tripartite body called as Committee on Conventions (COC). COC meets annually under the chairmanship of Secretary (L&E). Committee of Experts on the Application of Conventions and Recommendations (CEACR): The Committee of Experts is a legal body responsible for the examination of the compliance by ILO member States with ratified Conventions and Recommendations. This examination takes place on the basis of reports sent by governments pursuant to questionnaires prepared by the ILO Governing Body. The Committee of Experts meets once a year. Upon the completion of its work, the Committee sends two reports to the Conference: the first contains its general report and observations concerning certain countries. The second is a general survey on a particular subject, covered by one or more of the Conventions or Recommendations. Article 22 Reports: In accordance with Article 22 of the ILO Constitution, each Member State of ILO is required to send an implementation report on application of ratified convention from time to time. This year, we are required to furnish a reports on Convention 005 (Minimum AgeIndustry), Convention 11 (Right of Association-Agriculture), Convention 26 (Minimum Wage Fixing Machinery), Convention 90 (Night Work of Young Persons-Industry), Convention 100 (Equal Remuneration), Convention 111 (Discrimination-Employment and Occupation), Convention 122 (Employment Policy), Convention 123 (Minimum AgeUnderground Work), Convention 141 (Rural Workers Organization), Convention 142 (Human Resource Development), Convention 144 (Tripartite Consultation-International Labour Standards). Last Year the Ministry furnished reports on Convention 16 (Medical Examination of Young Persons-Sea), Convention 22 (Seamens Articles of Agreement), Convention 29 (Forced Labour), Convention 100 (Equal Remuneration), Convention 108 (Seafarers Identity Documents), Convention 111 (Discrimination-Employment and Occupation), Convention 122 (Employment Policy), Convention 144 (Tripartite ConsultationInternational Labour Standards), Convention 147 (Merchant Shipping-Minimum Standards), Convention 160 (Labour Statistics). List of International Labour Organization Conventions Ratified by India Sl. No. Number and Title of Convention Date of ratification 1. No.1 Hours of Work (Industry) Convention, 1919 14.07.1921 2.* No.2 Unemployment Convention, 1919 14.07.1921 3. No.4 Night Work (Women) Convention, 1919 14.07.1921 4. No.5 Minimum Age (Industry) Convention, 1919 09.09.1955 5. No.6 Night Work of Young Persons (Industry) Convention, 14.07.1921 1919 6. No.11 Right of Association (Agriculture) Convention, 1921 11.05.1923 7. No.14 Weekly Rest (Industry) Convention, 1921 11.05.1923

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.

No.15 Minimum Age (Trimmers and Stokers) Convention, 1921 No.16 Medical Examination of Young Persons (Sea) Convention, 1921 No.18 Workmens Compensation (Occupational Diseases) Convention, 1925 No.19 Equality of Treatment (Accident Compensation) Convention, 1925 No.21 Inspection of Emigrants Convention, 1926 No.22 Seamens Articles of Agreement Convention, 1926 No.26 Minimum Wage-Fixing Machinery, Convention, 1928 No.27 Marking of Weight (Packages Transported by Vessels) Convention, 1929 No.29 Forced Labour Convention, 1930 No.32 Protection Against Accidents (Dockers) Convention (Revised), 1932 No.41 Night Work (Women) Convention (Revised), 1934 No.42 Workmens Compensation (Occupational Diseases) Convention (Revised), 1934 No.45 Underground Work (Women) Convention, 1935 No.80 Final Articles Revision Convention, 1946 No.81 Labour Inspection Convention, 1947 No.88 Employment Services Convention, 1948 No.89 Night Work (Women) Convention (Revised), 1948 No.90 Night Work of Young Persons (Industry) (Revised), 1948 No.100 Equal Remuneration Convention, 1951 No.107 Indigenous and Tribal Population Convention, 1957 No.111 Discrimination (Employment & Occupation) Convention, 1958 No.116 Final Articles Revision Convention, 1961 No.118 Equality of Treatment (Social Security) Convention, 1962 No.123 Minimum Age (Underground Work) Convention, 1965 No.115 Radiation Protection Convention, 1960 No.141 Rural Workers Organisation Convention, 1975 No.144 Tripartite Consultation (International Labour Standards) Convention, 1976 No.136 Benzene Convention, 1971 No.160 Labour Statistics Convention, 1985 No.147 Merchant Shipping (Minimum Standards), 1976 No.122 Employment Policy Convention 1964 No.105 Abolition of Forced Labour, 1957 No.108 Seafarers' Identity Documents Convention, 1958

20.11.1922 20.11.1922 30.09.1927 30.09.1927 14.01.1928 31.10.1932 10.01.1955 07.09.1931 30.11.1954 10.02.1947 22.11.1935 13.01.1964 25.03.1938 17.11.1947 07.04.1949 24.06.1959 27.02.1950 27.02.1950 25.09.1958 29.09.1958 03.06.1960 21.06.1962 19.08.1964 20.03.1975 17.11.1975 18.08.1977 27.02.1978 11.06.1991 01.04.1992 26.09.1996 17.11.1998 18.05.2000 07.01.2005

41. 42. 43 Protocol 1 *

No.174 Prevention of Major Industrial Accidents No. 142 Human Resources Development No. 127 Maximum Weight P89 Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948

06.06.2008 25.3.2009 26.3.2010

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. List of ILO Conventions 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

C1 C2 C3 (C4) C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 (C15) C16

C17 C18 C19 (C20) (C21) C22 C23 C24 C25 C26 C27 (C28) C29 C30 (C31)

Workmen's Compensation (Accidents) Convention, 1925 Workmen's Compensation Convention, 1925 (Occupational Diseases)

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 (Revised), 1932 Accidents (Dockers) Convention

C32 C33 (C34) (C35) (C36) (C37) (C38) (C39) (C40) (C41) C42

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 (C43) (C44) C45 (C46) C47 (C48) (C49) (C50) (C51) C52 C53 C54 C55 C56 C57 C58 C59 (C60) (C61) C62 C63 (C64) (C65) (C66) (C67) Sheet-Glass Works Convention, 1934 Unemployment Provision Convention, 1934 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 Convention, 1935 of Work (Glass-Bottle Works)

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 Ship-owners' Liability Convention, 1936 (Sick and Injured Seamen)

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

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C68 C69 C70 C71 C72 C73 C74 C75 C76 C77 C78 C79 C80 C81 P81 C82 C83 C84 C85 (C86) C87 C88 C89 P89

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 Convention, 1946 of Young Persons (Industry)

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 Protocol of 1995 to the Labour Inspection Convention, 1947 Social Policy (Non-Metropolitan Territories) Convention, 1947 Labour Standards Convention, 1947 Right of Association Convention, 1947 Labour Inspectorates Convention, 1947 (Non-Metropolitan (Non-Metropolitan (Non-Metropolitan Territories) Territories) Territories)

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 Protocol to the Night Work (Women) Convention (Revised), 1948

11

C90 (C91) C92 C93 C94 C95 C96 C97 C98 C99 C100 C101 C102 C103 (C104) C105 C106 C107 C108 C109 C110 P110 C111 C112 C113

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 Fee-Charging Employment Agencies Convention (Revised), 1949 Migration for Employment Convention (Revised), 1949 Right to Organize 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 Convention, 1955 Sanctions (Indigenous Workers)

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 Protocol to the Plantations Convention, 1958 Discrimination (Employment and Occupation) Convention, 1958 Minimum Age (Fishermen) Convention, 1959 Medical Examination (Fishermen) Convention, 1959

12

C114 C115 C116 C117 C118 C119 C120 C121 C122 C123 C124 C125 C126 C127 C128 C129 C130 C131 C132 C133 C134 C135 C136 C137 C138 C139 C140 C141

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

13

C142 C143 C144 C145 C146 C147 P147 C148 C149 C150 C151 C152 C153 C154 C155 P155 C156 C157 C158 C159 C160 C161 C162 C163 C164

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 Merchant Shipping (Minimum Standards) Convention, 1976 Protocol of 1996 to the 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 Protocol of 2002 to the 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 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, Employment (Disabled

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1987 C165 C166 C167 C168 C169 C170 C171 C172 C173 C174 C175 C176 C177 C178 C179 C180 C181 C182 C183 C184 C185 MLC C187 C188 C189 Social Security (Seafarers) Convention (Revised), 1987 Repatriation of Seafarers Convention (Revised), 1987 Safety and Health in Construction Convention, 1988 Employment Promotion and Unemployment Convention, 1988 Protection against

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,11

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2.

Working conditions of Mine Workers, Welfare of Mine Workers and review of the Directorate General of Mines Safety (DGMS)

DETAILED BACKGROUND NOTE (A) History of mining in India

Minerals constitute the backbone of economic growth of any nation and India has been eminently endowed with this gift of nature. A number of minerals of economic and commercial value abound in this country. There are many evidences that exploitation of minerals like coal, iron-ore, copper, lead-zinc has been going on in the country from time immemorial. However, the first recorded history of mining in India dates back to 1774 when English Company was granted permission by the East India Company for mining coal in Raniganj. Coal mining got a boost in 1855 when railway line was laid from Howrah to Raniganj. M/s John Taylor & Sons Ltd. started gold mining in Kolar Gold Fields in the year 1880. The first oil well was drilled in Digboi in the year 1866 - just seven years after the first ever oil well was drilled anywhere in the world viz. in Pennsylvania State, USA in 1859. Mining activities in the country however remained primitive in nature and modest in scale uptill the beginning of the current century. Thereafter, with progressive industrialisation the demand for and hence the production of various minerals gradually went up. After India became independent, the growth of mining under the impact of successive Five Year Plans has been very fast. (B) Development of Mine Safety Legislation and Establishment of DGMS

In earlier years when mining activities were modest in scale, safety problems too were simple. With the progress in exploitation of minerals, safety of persons employed started to become a matter of concern. In 1895, the Government of India initiated steps to frame legislative measures for safety of workmen. In 1897 first major disaster in mining hit the Kolar Goldfields killing 52 persons, to be soon followed by the Khost Coal Mine disaster in Baluchistan (now in Pakistan) killing 47 persons. The disaster hastened the process of formulation of safety laws and the first Mines Act was enacted in 1901. With further experience, this Act was superseded by the Indian Mines Act, 1923, which was again replaced by the present Mines Act. This Act came into force on the 1st July 1952. Major changes were incorporated in this Act in the years 1959 and 1983. The Mines Act, 1952 applies to mines of all minerals within the country except the State of Sikkim, including the offshore mines within the limits of territorial water. For administering the provisions of the Indian Mines Act, 1901, the Government of India set up a "Bureau of Mines Inspection" on the 07.01.1902 with headquarters at Calcutta. The name of the organization was changed to Department of Mines in 1904 and its headquarters shifted to Dhanbad in 1908. On 01.01.1960, the organisation was renamed as "Office of the Chief Inspector of Mines". Since 01.05.1967, the office has been re-designated as Directorate-General of Mines Safety (DGMS).

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(C)

Existing Legislative Provisions regarding safety, health and welfare of mine workers Under the Constitution of India, safety, welfare and health of workers employed in mines are the concern of the Central Government (Entry 55-Union List-Article 246). The objective is regulated by the Mines Act, 1952 and the Rules and Regulations framed thereunder which are administered by the Directorate-General of Mines Safety (DGMS), under the Union Ministry of Labour and Employment. A list of the subordinate legislation under the Mines Act and certain allied legislation administered by DGMS are: The Mines Act, 1952 Coal Mines Regulations, 1957 Metalliferous Mines Regulations, 1961 Oil Mines Regulations, 1984 Mines Rules, 1955 Mines Vocational Training Rules, 1966 Mines Rescue Rules, 1985 Mines Crche Rules, 1966 Coal Mines Pit Head Bath Rules, 1959 The Indian Electricity Act, 2003 The Indian Electricity Rules, 1956 Allied legislation Factories Act, 1948 : Chapter III & IV Manufacture, Storage & Import of Hazardous Chemicals Rules, 1989 under Environmental Protection Act, 1986 Land Acquisition (Mines) Act, 1885 The Coal Mines (Conservation & Development) Act, 1974 Legislative provisions regarding Welfare of mine workers

(D)

The provisions for welfare amenities required to be provided for the persons employed in the mine are prescribed in the Mines Act 1952 and the Mines Rules 1955 framed there under. The salient features thereof are described below: Drinking Water [Section 19(1) of the Mines Act, 1952] Suitable arrangements at conveniently located points easily accessible to all persons employed in a mine for cool and wholesome drinking water in sufficient quantity shall be made. Rule 30 of the Mines Rules, 1955 specifies the scale on quantity of water at least 2 liters per persons employed in the mine at any one time.

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Conservancy [Section 20 of the Mines Act, 1952] Provision for latrines and urinals separately for male and female workers employed in the mine have been made with scales, standards of construction etc. as prescribed under rules 33 to 39 of the Mines Rules, 1955. Rest shelters [Rule 62 & 63 of Mines Rules, 1955] Provision for rest shelters of prescribe standard has been made where more than 50 persons are ordinarily employed in the mine. Canteen [Rule 64 to 71 of Mines Rules, 1955] At mine where more than 250 persons are ordinarily employed, provision for canteen with prescribed standard of construction, furniture and equipment, staff, canteen management committee, prices to be charged, and accounts etc. have been made. Appointment of Welfare Officer [Rule 72 to 74 of Mines Rules, 1955] For every mine more than 500 persons are employed, provision for appointment of Welfare Officer(s) with prescribe qualifications has been made. The duties and conditions of work have also been prescribed. Workmens Inspector and Safety Committee [Rule 29Q to 29W of Mines Rules, 1955] Workmens Inspector: Provision for appointment of Workmens Inspector has been made in a mine where 500 or more persons are ordinarily employed. In case the number of employment exceeds 1500, additional Workmens Inspector one for every thousand or part thereof is required to be appointed. Duties and responsibilities of Workmens Inspectors are prescribed under rule 29R and 29S. Safety Committee For mine having employment more than 100 persons, provision for constitution of Safety Committee has been made. The functions and implementation of recommendations of the Safety Committee has been described under Rule 29V and 29W. Provision for Crche [Mine Crche Rules, 1966] Provision of crche for children of females employed in the mine has been made with required details such as standard of construction, recreation facilities, food etc prescribed under the rule. Medical appliances [Section 21 of the Mines Act, 1952] Provisions for first aid boxes or cupboard equipped with prescribed contents have been made which are prescribed in detail under rule 43 45 of Mines Rules, 1955. Provision for appointment and training of adequate number of first aid trained personnel have been made under rules 40, 41 and 42 of the Mines Rules, 1955.

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Provision for first aid room (where more than 150 persons are employed in the mine) has been made with prescribed contents and furnishing. Provisions for first aid station both on surface as well as belowground have also been made under rule 44 of the Mines Rules, 1955. Statutory supervisory officials such as Overman, Foreman, Mate, Mining Sirdar, Shotfirer, Blaster and other competent persons are also required to carry with them first aid outfit while on duty in mines.

Provisions for conveyance (ambulance van) [Section 21(4) of The Mines Act, 1952] & [Rule 40(2) of the Mines, 1955] Provision for suitable conveyance/ambulance van has been made to readily carry the persons to hospitals/dispensaries who suffer from serious bodily injuries or becomes ill while on duty. Medical examinations [Rule 29B 29P of Mines Rules, 1955] Provision for initial medical examination for persons to be employed in the mine and periodical medical examinations at every 5 years has been made. Occupational health survey [Section 9A of the Mines Act, 1952] Provision for occupational safety and health survey has been made under section 9A of the Mines Act, 1952. Notices and Investigation into occurrence of notified diseases [Section 25 & 26 of the Mines Act, 1952] Provision regarding notice to be submitted for occupational diseases and the power to conduct investigation into the causes of such diseases has been made. Disability Allowances [Rule 82A of Mines Rules, 1955] Provision has also been made for disability allowances for occupational diseases notified under the Act. (E) Compliance of the Provisions

The owner, agent or manager of the mine is required to comply with the provisions of health and safety provisions of the Mines Act and the rules framed thereunder, as required under Section 18 of the Mines Act, 1952. (F) Enforcement of the Provisions of Health and Welfare Amenities

DGMS is the enforcement agency which ensures compliance of the stated provisions through inspections by inspecting officers. The health and welfare provisions of Mines Act and Rules are invariably checked during the course of general inspection of the mines. The violations observed during the course of such inspections are being followed up by subsequent follow up inspections. In case of non-compliances, the improvement notices, prohibitory orders etc. are also being issued till it is complied.

19

(G)

Role and Function of DGMS

The mission of DGMS is the reduction in risk of occupational diseases and casualty to persons employed in mines, by drafting appropriate legislation and setting standards, by overseeing compliance thereof and through a variety of promotional initiatives and awareness programmes creating an environment in which safety is given due priority. Vision of DGMS The vision of DGMS is To ensure nationally acceptable and internationally competitive standards of health, safety and welfare for employees of the Indian mines. Organizational setup of DGMS The organisation has its headquarters at Dhanbad (Jharkhand) and is headed by Director-General of Mines Safety. At the headquarter, the Director-General is assisted by specialist staff-officers in mining, electrical & mechanical, occupational health, law, survey, statistics, administration and accounts disciplines. The headquarters has also a technical library and S&T laboratories as a back-up support to the organisation. The field organisation has a two-tier network of field offices. The entire country is divided into eight zones, each under the charge of a Deputy Director-General of Mines Safety. There are three to four Regional offices under each zonal office. Each Region is under the charge of a Director of Mines Safety. There are in all 29 such Regional Offices. Sub-regional offices have been set up in important areas of concentrated mining activities away from Regional office. There are three such sub-regional offices, each under the charge of a Deputy Director of Mines Safety. Each Zone, besides having inspecting officers of mining disciplines has officers in electrical & mechanical engineering and occupational health disciplines. Strength of DGMS DGMS has a total sanctioned strength of 950 persons with 683 in position as indicated below: CATEGORY SANCTIONED IN POSITION STRENGTH STRENGTH GROUP-A 279 125 GROUP-B (GAZETTED) 38 23 GROUP-B(NON-GAZETTED) 186 163 GROUP-C 222 214 (170+44*) GROUP-D 07 141 (5+136*) TOTAL 732 666 **To be filled up by outsourcing **231 * Incumbents present on the post abolished/earmarked for outsourcing.

20

The table below shows the discipline-wise strength of the inspecting officers of DGMS (as on 01.01.2011) Sl. No 1. 2. 3. 4. 5. Designation Mining S 1 9 50 99 159 P - In position P 1 6 23 61 91 Discipline Electrical Mechanical S 1 16 34 51 P 1 9 6 16 S 1 16 33 50 P 6 1 S 5 GR.I4 07 9 O.H. P 1 2 3

DIRECTORGENERAL DY.DIRECTORGENERAL DIRECTOR DY. DIRECTOR ASSTT.DIRECTOR

TOTAL S - Sanctioned

Functions of DGMS Current functions of DGMS broadly include: 1. 2. Inspection of mines Investigation into Accidents Dangerous occurrences - emergency response Complaints & other matters 3. (a) Grant of : (i) statutory permission, exemptions & relaxations - pre-view of project reports & mining plans (ii) approval of mine safety equipment, material & appliances (b) Interactions for development of safety equipment, material and safe work practices through workshop etc. (c) Development of Safety Legislation & Standards (d) Safety Information Dissemination 4. 5. Conduct of examinations for grant of competency certificates. Safety promotional initiatives including : (a) Organisation of -

21

Conference on Safety in Mines National Safety Awards Safety Weeks & Campaigns (b) Promoting - Safety education and awareness programmes - Workers participation in safety management through workmens inspector safety committee tripartite reviews Statement showing the Budget Estimates, Revised Estimates, Actual Expenditure for the past three years and Budget Estimates for the Current year showing the Plan and Non-Plan Expenditure: For meeting with the expenditure on salaries, allowances, office expenses etc. in connection with various plan and non-plan activities, the following financial provisions have been made: (Rupees in thousand) Activity Budget Revised Final Actual Budget Revised Budget Estimate Estimate Estimate Expend. Estimate Estimate Estimate 2009-10 DGMS Non plan Examination Total Non plan MAMID SOCFOD Civil Works Total Plan 334573 8648 343221 15000 30000 20000 65000 2009-10 347402 2009-10 2009-10 A-Non-plan 341567 339704 2010-11 354400 9800 364200 40000 60000 80000 180000 2010-11 347539 10000 357539 40000 59200 80000 179200 2011-12 341440 10560 352000 50000 70000 100000 220000

9798 9718 9433 357200 351285 349137 B. Plan Schemes 17000 16400 16128 27000 24500 24276 20000 20000 20000 64000 60900 60404

System of Monitoring and Control for Improvement of Safety, Health and Welfare of Mine Workers and Steps taken/proposed to be taken: Basic responsibility for ensuring safe working conditions in mines and providing welfare measures as per the statutes lies with the mine management. However, their performance is being monitored by DGMS by taking suitable measures / initiatives like legislative measures, developmental measures, promotional initiatives, technical measures, advisory measure etc. A brief outline of these measures / initiatives and the action taken during last three years are furnished below:

22

(A) (1)

Legislative Measures Inspection & Enquiries

Since mining is beset with many inherent hazards, detailed precautions have been laid down in the Mines Act and the Rules and Regulations framed thereunder to guard against dangers in mines and it is the responsibility of the mine management to comply with the same. While the onus of providing for and ensuring safety in mines rests fundamentally with the mine managements, as clearly laid down under section 18 of the Mines Act, 1952 as The owner and agent of every mine shall each be responsible for making financial and other provisions and for taking other such steps as may be necessary for compliance with the provisions of this Act and regulations, rules, bye-laws and others made thereunder. The DGMS has the responsibility to see that the safety statute is kept updated to absorb the technical advancements as well as to make the same comprehensive, practicable and legally sound and also to carry out periodic inspection of mines to oversee compliance of safety laws. The Mines Act and the subordinate legislations framed thereunder is periodically updated for the purpose. Each and every accident involving fatality is enquired into by an officer or a team of officers of DGMS. A few accidents involving serious bodily injury and most of the important dangerous occurrences are also investigated by DGMS Officers. Action taken subsequent to inspections: Pointing out contraventions Withdrawal of permission Issue of improvement notices Prohibition of employment Informal stoppages Prosecution in the court of law Enquiry into Accidents, Dangerous Occurrences etc. Statutory Provisions The notifiable dangerous occurrences include: All fatal and serious accidents & specified dangerous occurrences and occupational diseases are required to be notified to DGMS, Explosion, ignition, spontaneous heating, out-break of fire, irruption or inrush of water or other liquid matter; Influx of inflammable or noxious gases; Breakage of rope, chain or other gear by which persons or materials are lowered or raised in a shaft or an incline; Over winding of cages or other means of conveyance in any shaft while persons or materials are being lowered or raised; or Premature collapse of any part of the workings.

(2)

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All fatal accidents are required to be enquired into by DGMS within 2 months. Apart from the incidents mentioned above the officers also enquire into complaints connected with the safety and welfare of the persons connected with mining which are received from various sources. Being concerned with safety, normally, even anonymous complaints are enquired into. Following actions are taken after an enquiry: Warning to delinquent Suspension of certificate Modification in the method of working Action by management like stoppage of increment, dismissal from service, recorded warning, withholding promotion and Prosecution in the court of law Number of Inspections and Enquiries for the year 2006 to 2011 (Upto Sept)
YEAR Number of inspections Coal Metal Oil Total Number of Enquiries Coal Metal Oil Total Grand Total

2006 2007 2008 2009 2010 2011*

4192 4330 4614 4404 3732 2556

2630 2309 2838 3325 3375 2876

219 183 216 250 332 242

7041 6822 7668 7979 7439 5674

951 796 840 899 1004 839

338 380 417 372 430 453

27 24 24 52 50 52

1316 1200 1281 1323 1484 1344

8357 8022 8949 9302 8923 7018

*till Sept, 2011 (Figures pertaining to calendar year) (3) Permission, Exemptions and Relaxations

DGMS is keeping a constant vigil on the method of extraction of minerals, supports of the workings, working environment and safe code of practices to ensure that mine workers are not exposed to dangers and dangerous environments while working in belowground, opencast or any surface operations. Permissions, exemptions, relaxations and associated orders are regularly granted by this Directorate to the mine operators under various provisions of the statute. Whenever a new technology is planned to be introduced in the mines, the officers of this Directorate are always approached to analyze and scrutinize the proposal for its safety and affectivity. The technology is either directly permitted to be introduced or modified to suit Indian environment. The workings in the mine are regularly checked by field officers during the course of their inspection and enquiries. If the conditions of workings and manner of extraction are found unsafe and not carried out as per the permissions granted, the permissions are immediately revoked.

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(4)

Improvement Notices & Prohibitory Orders

During inspection of mines, if the workings or the environment are found to be unsafe and dangerous notices or prohibitory orders are immediately issued to the management to take necessary steps for improvement. Unless the conditions improve for re-deployment of persons as recorded through inspections, the orders are not vacated and persons are not allowed to be deployed in such dangerous conditions. Details of the improvement notices & prohibitory orders issued during last ten years are given below:-

IMPROVEMENT NOTICES AND PROHIBITORY ORDERS (Under Section 22 of Mines Act and under Reg. 103/108 of Coal / Metalliferous Mines Regulations) COAL Notices Issued YEAR Section 22(1) or 22A(1) Reg. 103 18 Nil Nil Nil Nil Nil Nil 1 Nil Nil Nil MINES Orders Issued Section Reg. 22(1A) or 103 22(3) 69 30 65 62 36 72 49 36 25 27 24 Nil Nil Nil Nil Nil Nil Nil 1 Nil Nil Nil NON-COAL MINES Notices Issued Section 22(1A) or 22(3) 44 32 38 56 130 38 85 88 56 83 270 Reg. 108 5 2 2 Nil 1 1 Nil Nil Nil Nil Nil Orders Issued Section 22(1A) or 22(3) 63 80 185 251 136 160 174 161 106 168 118 Reg. 108 6 3 2 1 Nil 1 Nil Nil Nil Nil Nil

2001 126 2002 36 2003 127 2004 147 2005 124 2006 103 2007 122 2008 85 2009 99 2010 97 2011* 40 *till Sept, 2011.

Prosecution Launched during 2000 till Oct, 2011 are as follows:YEAR 2000 2001 2002 2003 2004 2005 2006 COAL 39 33 31 19 11 02 06 NON-COAL INCLUDING OIL 49 35 32 20 33 30 22 TOTAL 88 68 63 39 44 32 28

25

2007 2008 2009 2010 2011* *till Sept

10 08 14 14 09

35 38 25 25 15

45 46 39 39 24 555

In addition statutory permissions were withdrawn for non-compliance of conditions laid down in the permissions. Year 2008 2009 2010 2011 till Sept. (5) Approval and Testing No. of Permission withdrawn 51 58 28 35

What constitutes mine safety equipment has not been precisely defined anywhere. Mining is a hazardous occupation and therefore the equipment, machinery, tools and material used in mines required to be safe, robust and reliable capable of working safely under hostile environment. The equipment needs to remain safe under prolonged usage even in adverse condition. (B) (1) Developmental Measures Standard Setting Based on the experiences, the developmental initiatives undertaken by DGMS are Amendment of safety laws, Issue of guidelines for safer operations in identified thrust areas through circulars and Issue of technical instructions to DGMS officers for their guidance. Standard setting is a complex process consisting of translation of the vast experience of DGMS and multilevel interaction. Results of inspections and analysis of accident enquiries, recommendations of courts of enquiries and safety conferences, results of research & development activities, ILO guidelines and international state of the art of technology and its safety ramifications are some of the inputs going into standard setting. Amendment of statutes is an elaborate process wherein all the likely affected parties viz. Labour, management, academicians, research institutes, professional bodies are given adequate opportunities to send their comments, which in turn are considered before finalizing the amendment. (2)
,

Conduct of Examinations and Award of Statutory certificates of Competency

Mining is a war against unpredictable forces of nature and since conditions of workings go on changing moment to moment, man at the spot has to take instantaneous

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decisions. Practical and on the spot decision of the front-line supervisor and managerial executive is of paramount importance to save life. To examine the competency of persons eligible for manning such posts and to grant certificate of competency, two Boards of Mining Examination, one for Coal and the other for Metalliferous mines, function under the Chairmanship of the Director-General of Mines Safety. Competency examinations are different from university examinations. In these Examinations stress is laid on practical aspect of managing/supervising a mine/district apart from his theoretical knowledge. In case of managers, assistant managers, surveyors and overman, the competency examination consists of a written part and an oral part. (C) Promotional initiatives

Some of the recent developments in safety movement, besides the legislative measures, include: Conference on safety in mines. The Conference on Safety in Mines is a tripartite forum at the national level in which the employers' representatives, the trade unions' representatives, the Government represented by Ministry of Labour & Employment, DGMS, various administrative ministries/ departments and State Governments and associated institutions, professional bodies, service associations, etc. take part. They review the status of safety in mines and the adequacy of existing measures in a spirit of mutual cooperation. The conference also suggests measures for further improvement in safety, welfare and health of mine workers. The first Conference was held in the year 1958 and the tenth conference was held on 26th & 27th November, 2007 at New Delhi. A number of recommendations of these conferences have been given statutory backing and most of the others have been absorbed in management practices and policies. National Safety Awards (Mines) Ministry of Labour & Employment, Government of India instituted National Safety Awards (Mines) in 1983 (for the contest year 1982) with a view to promote a competitive spirit amongst mine operators for the betterment of safety standards in mines and to give due recognition to outstanding safety performance at national level. This award is generally given away by the Hon'ble President of India every year and has generated considerable enthusiasm amongst the Mining community. National Safety Awards (Mines) for the year 2007 were given away on 23rd October, 2009 at New Delhi by the Honble Vice President of India. The Ministry has reconstituted the National Safety Award (Mines) Committee vide their letter No.D-14011/17/2009-ISH.I dated 15.2.2010 for a period of three years. Vocational Training and Other Training Recognizing the need for safety education to enable the mine workers to prepare them to face the challenges of mining, the Mines Vocational Training Rules were framed in 1966. These rules provide for initial, refresher and specialised training to mine workers. This also provides for construction of mines vocational training centres with training officers and instructors along with proper and adequate equipment and softwares. It also provides for payment to trainees during the training period.

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Observance of Safety Week, Safety Campaign etc. During the safety week held every year in different mining fields, efforts are made through various audio-visual means, to inculcate safety consciousness amongst workers, supervisors and others so as to influence their behaviour at work. Further, by holding competition amongst various participating mines an attempt is made to improve the working conditions. In all 51 nos. of safety weeks were observed during the year 2010 in different regions spread over the country covering all types of mines. Based on the accident experience, special safety drives are sometimes launched to focus attention on specific cause-groups. Holding of First Aid and Rescue Competitions etc. Unfortunately inspite of all-round efforts by every body accidents continue to occur. To mitigate the consequences of such occurrences speedy and timely rescue & rendering of first aid assumes great importance. Recognising the importance of preparedness, speed and efficiency in first aid and rescue, competitions are held to bring improvement in these services. First Aid and Rescue Competitions were held in a number of mining companies. These keep the rescue workers and first-aiders in battle ready conditions. The officers of DGMS actively associated themselves with these competitions. Promoting Participation of workers in safety management Much greater strides in safety can be achieved by participation of workmen in safety programme, the twin institutions of 'Safety Committee & Workmens Inspector have been conceived and even given the statutory backing. DGMS is also associated with training of Workmens Inspectors to make them effective in discharge of their duties. In coal mines almost all the eligible mines had a Workmens Inspector and a Safety Committee. Promoting Self-regulation by management Most of the mining companies in the organised sector have enunciated company's safety policy and set up Internal Safety Organisation (ISO) for monitoring, advising on and aiding in the implementation of safety measures in mines as per Companys policies and guidelines in keeping with the statutory provisions. ISOs are headed by a senior officer of the Executive Director/Chief General Manager level in the coal companies and are multidisciplinary in character. Awareness and information dissemination Officers of DGMS serve as guest faculties at several short-term safety courses organized by the Mine Managements, Institute for Miners & Metal Workers' Education and Scientific and Academic Institutions. The officers also participate in various technical workshops, seminars, symposia and conferences and present technical papers relevant to their field of work. They also chaired technical sessions and delivered key-note/valedictory addresses at various seminars/symposia/workshops and conferences etc. At all these forums they strive to spread the message of safety in right perspective.

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Another piece of information which is widely disseminated and extensively made use of relates to accident statistics and analysis thereof. The DGMS also publishes the following: (a) (b) (c) (d) DGMS Annual Report - annually Statistics of Mines in India Vol.I (Coal) - annually Statistics of Mines in India Vol.II(Non-coal) - annually Monthly Review of Accidents monthly

Technical Measures It is well recognized that reasonable frequency of inspections is important to keep the mine operators alert to their responsibilities. It is also recognized that quality of inspections is equally important. This underscores the need for: Technical and professional competency of the officers of DGMS to be kept continually updated and upgraded; The regulatory, enforcement, advisory and promotional roles of DGMS to be backed by strong in-house S&T support; and Optimize the scarce resources of DGMS through: Automation of office work so as to free the technical officers from work of routine and repetitive nature; and Develop and implement comprehensive computer-based Mines Safety Information Monitoring System. e-Governance in DGMS The directorate has moved on the path of e-Governance as an effective mechanism for discharging its role and functions, for which an e-Governance Road Map is under preparation. Web Portal of DGMS i.e. www.dgmsindia.in in the new format has been launched. Interactions & advisory role One of the measures to promote the cause of safety is inter-action with mine operators, workers representatives, teaching and research institutions etc. A list of important organisations/ committees the meeting of which are organised / participated by DGMS is indicated below: Standing Committee on Safety in Coal Mines under the Chairmanship of the Union Minister of Coal. Safety Board of Coal India Ltd. Review Committees of various mining companies on implementation of recommendations of the Conference on Safety in Mines. Mineral Advisory Council of India.

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Mining Education Advisory Board, West Bengal. Executive Council, Central Institute of Mining & Fuel Research. Research Council of Central Institute of Mining & Fuel Research Project Advisory Committee - Central Institute of Mining & Fuel Research. Standing Sub-committee on Production, Productivity & Safety of Central Mining Research Institute. Task Force Committee of Central Institute of Mining & Fuel Research Advisory Panel for Mine Environment & Health Discipline - Central Institute of Mining & Fuel Research General Council of Indian School of Mines University. Executive Board of Indian School of Mines University. Establishment & Finance Sub-committee of Indian School of Mines University. Joint Board on Mining Engineering Education & Training. Advisory Committee for Mining Engineering Department, Indian Institute of Technology, Kharagpur. Coal Advisory Council of India. The Council of the Mining, Geological & Metallurgical Institute of India. Bihar Mineral Advisory Council. Environmental Appraisal Committee for Mining Projects. SSRCs Standing Sub-committee on production productivity & safety - CMPDI Advisory Committee for Safety Review of Projects of Indian Rare Earth Ltd. (Organised by Atomic Energy Regulatory Board) Governing Body of National Institute of Rock Mechanics. Standing Co-ordination Committee on Mine Safety and Mineral Development. Coal Conservation & Development Advisory Council. Various Technical Committees of Bureau of Indian Standards. Director-General or other Officers of DGMS being the Chairman/Member of these bodies are able to influence the policies and programme with a view to promote safety, welfare and health of workmen employed in mines. Plan Schemes: In order to provide in-house technical support to field offices, DGMS is implementing following Plan Schemes namely: Ongoing schemes: (1) Mine Accident Analysis and Modernization of Information Database (MAMID) (2) "Strengthening of Core Functions of DGMS (SOCFOD) Mine Accident Analysis and Modernization of Information Database (MAMID) This is the restructured plan scheme after merging of the two Plan Schemes of Tenth Plan (2002-07) namely (i) Study of Mines Accidents and Development of Mines Safety Information System (SOMA) and (ii) Modernization of Information Database in DGMS (MID) as per the Report of Working Group on Occupational Safety & Health for 11th Five Year Plan 2007-12 of Ministry of Labour and Employment, Government of India. - Oct 2006. Keeping the objective of integration in view, these schemes were merged into one scheme Mine Accident Analysis and Modernization of Information Database (MAMID)

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Objective of the Scheme: (A) Mine Accident Analysis and Information Database To eliminate risk of disasters and accidents in mines through detailed analysis of accidents and dangerous occurrences using risk assessment and risk management techniques; Development of standard Safe Operating Procedures (SOPs) and Code of Safe Practices (COPs); Identification of mines having potential of accidents/disasters through detailed investigation into the operating systems and environment in the mine; Development of mine data acquisition system and analysis through computerized databases and processing system; Dissemination of mine information system through various reports, technical instructions/guidelines, circulars on electronic as well as other conventional media; Identification of mines having high accident potential and formulation of risk elimination/management plan; (B) Computerized Mine Safety Information System Computerization of process and procedures on Mine Safety Information in DGMS; Establishment of Communication Network using LAN and WAN in DGMS; The major activities taken up during the year included Publication of Annual Report, 2008 and compilation of Annual Report for the year 2009. Publication of Standard Note on DGMS as on 1.1.2010 Analysis of data for Identification of accident-prone mines in respect of coal & lignite mines. Compilation of statistics and preparation of manuscript for o o o o Statistics of Mines in India, Vol.I (Coal), 2007 Statistics of Mines in India, Vol.II(Non-Coal), 2007 Monthly Review of Accidents and Report on Monthly Inspection Analysis

National Safety Awards (Mines) for the contestant years 2007 were given away. For the contest year 2008, the names of the award wining mines were finalized on 9.7.2010 and for the contest year 2009, those mines were finalized on 21.12.2010 by the National Safety Awards (Mines) Committee. Training on Accident Enquiry Procedures to DDMS in Mining, Electrical & Mechanical disciplines ware conducted in two batches on 2nd & 3rd and 7th & 8th December, 2010 at DGMS, Dhanbad. 34 numbers of inspecting officers of different disciplines attended the above mentioned training programme.

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"Strengthening of Core Functions of DGMS (SOCFOD) This is a continuing plan scheme. The scheme had been formulated by merging three on-going plan schemes of DGMS, namely (1) "Augmentation of S&T Capabilities, Mine Rescue Services and Human Resource Development (S&T)(1975)", (2) Strengthening of Machinery for Conduct of Statutory Examinations (SSEX)(2000-01) and (3) Improving Efficiency by Providing Infra Structure Facilities in DGMS (PIF)("along with components like Occupational Safety and Health Surveillance, promotional initiatives and Emergency Response system. Objectives of the Scheme: The objectives of the scheme are: To render scientific and technological support to the enforcement wing of DGMS in proper fulfillment and discharge of its statutory duties, responsibilities and advisory role. To develop, improve and update need based rescue and emergency response services to the mining industry & to help field offices of DGMS in the form of technical support while taking up rescue and emergencies of specific nature. To establish Mine Safety & Health Academy with institutes at different offices of DGMS for imparting structured training to DGMS officers and key personnel of the mining industry. Strengthening of Machinery for Conduct of Statutory Examinations To develop a structured mechanism for Occupational Health Surveillance & Disease Control in Mining Industry. To establish a National Council for Mines Safety with a view to generate safety and health awareness among miners and address their training issues. To improve the efficiency of DGMS by providing better infrastructure facilities which include providing own office buildings and residential complexes to the officers and staff members, providing better communication facilities and office equipment and furnishing of offices.

32

(H)

Accident Statistics: Trend in Incidence of Accidents in Mines

Year

Coal Number of accidents Fatal Serious 661 667 629 563 962 1106 861 923 687 636 478 287 Total 778 772 710 646 1049 1202 939 999 770 719 575 335

Metal Number of accidents Fatal 50 62 50 51 55 47 54 54 55 36 57 21 Serious 160 178 174 147 150 93 63 63 63 76 46 37 Total 210 240 224 198 205 140 117 116 118 112 103 58

Oil Number of accidents Fatal 1 9 2 1 2 1 4 3 8 4 4 6 Serious 27 21 31 21 38 15 15 16 20 18 16 8 Total 28 30 33 22 40 16 19 19 28 22 20 14

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 till August

117 105 81 83 87 96 78 76 83 83 97 48

(I)

Trend of Employments in Mines: Direct Employment Contract Employment Total Employment Male Female

Mineral

COAL NONCOAL OIL

344192 134647 18371 497210

25222 21440 5203 51865

369414 156087 23574 549075

358162 142521 23363 424046

11252 13566 211 25029

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3.

Deployment of Contract /Casual Workers /Sanitation Workers for perennial nature of jobs in Government / PSUs/Establishments including at Railway Stations

The Contract Labour, Casual Workers and Sanitation Workers are deployed by the Government /PSUs / establishments including Railway Stations as per their requirement. The casual workers are governed by the instructions issued by the Department of Personnel and Training in central sphere in respect of Ministries/ Departments. The Contract Workers are governed by the Contract Labour (Regulation & Abolition) Act, 1970 for which the Ministry of the Labour & Employment is the nodal Ministry in the Central sphere and the respective State Governments and UTs are the appropriate Government in respect of the state establishments and the private establishments. Therefore, sanitation workers when employed as contract labour are to be governed by the Contract Labour Act, 1970 and when employed as casual labour, are to be governed by the instructions. The overall matters of the sanitation workers are to be dealt by the Ministry of Social Justice. However, Tripartite Group to suggest legislation for scavengers and sanitation workers formed. The Report of the Group has been sent to Ministry of Social Justice and Empowerment on 6th July, 2011. The Ministry of Labour & Employment is mainly concerned for contract labour. It may be recalled that Secretary (Labour & Employment) had appeared before the Honble Parliamentary Standing Committee on Labour on 13.10.2010 and briefed about the steps being taken by the Ministry of Labour & Employment to protect the interest of the contract labour. A brief about various provision of Contract Labour (Regulation & Abolition) Act, 1970 may be seen at Annexure-A It is submitted that the system of deploying labour on contract basis is a growing form of employment and the contract worker can be employed in any job in any establishment unless it is prohibited by the appropriate Government by issuance of a Notification under Section 10 of the Contract Labour (Regulation & Abolition) Act, 1970. As on date employment of contract labour is per se not banned. However, the appropriate Govt. under Section 10(1) of the Act is authorized after consultation with the Central Board or, as the case may be, a State Board, to prohibit by notification in the official Gazette employment of contract labour in any process, operations or other work in any establishment keeping in view the condition of work and benefits provided for the contract labour in that establishment. So far 82 notification have been issue by the Central Government, (Ministry of Labour & Employment). After issuance of such notification, that that particular establishment can not employ contract labour in that establishment in the job/operation/process specified in the notification. It may be recalled that during 201011 the Government has prohibited the employment of contract labour system in 89 depots of Food Corporation of India in the States of Punjab, UP, Uttrakhand, Haryana, Himachal Pradesh and Rajasthan. Consequent to a decision taken by the Indian Labour Conference a Tripartite Group was constituted to examine the provisions in the Contract Labour (Regulation and Abolition) Act, 1970 and to suggest amendments to the Act. The report submitted

34

by the said Tripartite Group has been examined and it has generally been felt that in case the contract worker is provided similar wages and facilities as are available to regular employees, much of the problems can be tackled. Apart from the above, it also needs to be mandated that whenever a contract is given to a contractor, the contract agreement between the principal employer and the contractor should clearly indicate the wages contribution towards social security schemes and other benefits that are to be paid by the contractor to the contracted workmen. Considering the importance of the issues, these were also discussed at length during the State Labour Ministers Conference on the 22nd of January, 2010. The report was also placed in the 43rd ILC held on 23-24 November, 2010. Some very useful suggestions emerged during the deliberations. On the basis of all these inputs a proposal to amend the Contract Labour (Regulation & Abolition) Act, 1970 has been prepared. It was found desirable to have an Impact Study of the proposal on the economy and financial implications for the Central and the State Governments , including different sectors of productions and employment which depend on labour as one of their important input. The VV Giri National Labour Institute, NOIDA was entrusted with the task and they have submitted their Study Report. The report is now being examined by the Government and it expected that Government will be able to move a bill for amendment after completing all prerequisites in near future. Monitoring of Implementation & enforcement of Contract Labour (Regulation & Abolition) Act, 1970 In the Central Sphere, the Central Industrial Relations Machinery (CIRM) has been entrusted with the responsibility of enforcing the provisions of the Act and the rules made thereunder. The working and performance of Labour Enforcement Officers (Central)/ Assistant Labour Commissioner (Central)/ Regional Labour Commissioners (Central) / Deputy Chief Labour Commissioner (Central) is reviewed every month through an Assessment Report submitted by them by 10th of subsequent month. The assessment report is an exhaustive one and consists of the information such as disposal of quasi-judicial work entrusted under Minimum Wages Act, Payment of Wages Act, appeals under Payment of Gratuity Act, Certification / modification of Standing Orders etc. Over and above the industrial disputes handled, check inspection conducted, administrative work, office inspections, liaison meetings etc. They are also submitting a daily diary containing details of work done everyday. The Assessment Reports are reviewed in the Chief Labour Commissioner (Central) office and shortcomings are pointed out. Apart from above, the position of enforcement under Contract Labour (Regulation & Abolition) Act, 1970 is regularly discussed in the meetings of the Central Advisory Contract Labour Board. The last meeting (80th Meeting) of the Board held on 20/21.10.2011. The statement indicating the number of inspections carried out, prosecution launched, licenses issued, establishments and registered under the Contract labour (R&A) Central Rules, 1971 is at Annexure-B.

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Annexure-A The Contract Labour (Regulation and Abolition) Act 1970 was enacted with the aim to regulate the employment of contract labour, to improve the conditions of service in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith. The act also provide for constitution of a board by the Central Government to be called the Central Advisory Contract Labour Board to advise the Central Government on such matter arising out of the administration of the Act as may be referred to it and to carry out other functions assigned to it under this Act. 2. The Act has laid down certain amenities such as canteens, rest rooms and other facilities to be provided by the contractor for the contract labour. The Contractor is required to pay wages and a duty is cast on him to ensure disbursement of wages in the presence of the authorized representative of the Principal Employer. In case of failure on the part of the contractor to pay wages either in part or in full, the Principal Employer is liable to pay the same. 3. The contract labour that performs same or similar kind of functions as were being performed by the workers engaged by the principal employer, the contractor shall pay them the same wages as are being paid by the principal employer. 4. For contravention of the provisions of the Act or any rules made thereunder for which no other penalty is elsewhere provided, the punishment is imprisonment for a maximum term up-to 3 months, or with fine which may extend to Rs.1000/-, or with both. 5. In the Central Sphere, the Central Industrial Relations Machinery (CIRM) has been entrusted with the responsibility of enforcing the provisions of the Act and the rules made thereunder. 6. Apart from Contract Labour (Regulation & Abolition) Act, l1970, a number of other labour laws are also applicable to contract labour. A list of some of the main labour laws other than Contract Labour (Regulation & Abolition) Act, 1970 applicable to contract workers are as under:01. Payment of Gratuity Act, 1972 02. Employees Provident Fund & Misc. Provisions Act, 1952 03. Employees Pension Scheme, 1995 04. Employees State Insurance Act, 1948 05. Minimum Wages Act, 1948 06. Payment of Wages Act, 1936 07 Maternity Benefit Act, 1961

08. Equal Remuneration Act, 1976 09. Payment of Bonus Act, 1965

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10. 11.

Workmen Compensation Act, 1923 Labour Welfare Fund Acts: The Beedi Workers Welfare Fund Act, 1976 The Limestone and Dolomite Mine Labour Welfare Fund Act,1972 The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act, 1976 The Mica Mine Labour Welfare Fund Act, 1946 and The Cine Workers Welfare Fund Act, 1981

12. 13. 14. 15.

Mines Act, 1952 Factories Act, 1948 Industrial Dispute Act, 1947 Trade Union Act, 1926

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Annexure-B Statement indicating the number of inspections carried out, prosecutions launched, licences issued, establishments registered, and number of cases received during the last three years under rules 25(2)(v)(a)&(b) of the Contract Labour (R&A) Central Rules, 1971 , Particulars 01 Number of Registration Certificates issued to Principal employersCases received during the year Number of licenses issued to Contractors Number of Inspections conducted Number of irregularities detected Number of Prosecutions Launched Number of Convictions Number of Contract Labourers Covered by licences Number of licenses Revoked/cancelled Number of registration Certificates Revoked /cancelled. 2008-09 930 2009-10 796 2010-11 734

02 03 04 05 06 07

10389 6925 94162 3573 733 1377610

10962 9428 94832 5181 2318 1373430

11275 7119 92921 4466 1528 1489715

08 09

7419 35

6017 23

10970 22

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4.

The Employees State Insurance Corporation Coverage of Establishments, recovery of arrears and functioning of the hospitals and dispensaries under the scheme

Introduction 1. The Employees' State Insurance Scheme, formulated under the Employees' State Insurance Act, 1948, provides for medical care and cash benefits in the contingencies of sickness, maternity, disablement and death due to employment injury. Under the scheme medical care is also provided to families of the insured persons. Coverage: 2. The Employees' State Insurance Act, 1948 applies, to factories employing 10 or more persons. The provisions of the Act are being brought into force area-wise by stages. The Act contains an enabling provision under which the "appropriate government" is empowered to extend the provisions of the Act to other classes of establishments industrial, commercial, agricultural or otherwise. Under these provisions, the State Governments have extended the provisions of the Act to shops, hotels, restaurants, cinemas including preview theatres, road motor transport undertakings, newspaper establishments, educational and medical institutions employing 20 or more employees. Thirteen State governments have reduced the threshold for coverage of shops and establishments to 10 or more persons. Employees of factories and establishments covered under the Act drawing monthly wages upto 15, 000/- per month are covered under the Scheme. As on 31.03.2011, the scheme applied to 4.06 lakh employers employing 1.55 crore insured persons at 790 centres. Financing & Administrative Responsibility: 3. Under the Act, the employers are required to pay contribution at the rate of 4.75 percent of wages of the covered employees. The rate of contribution for the employees is 1.75 percent of their wages. Low paid workers drawing wages upto 100/- per day are exempted to pay their share of contribution. However, the employers are required to pay their share of contribution. The State Governments bear 1/8th of the expenditure on medical care. 4. The contribution income and expenditure on cash benefits, medical benefits and administrative expenditure during the last three years was as under:Income ( in crores) Year Contribution Income Cash Benefits Expenditure on ( in crores) Medical Benefit Administrative expenses

2008-09 2009-10 2010-11

3698.53 3896.00 5748.77

313.02 428.83 496.56

1123.22 1626.93 2123.67

412.76 504.36 524.21

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Benefits and infrastructure for delivery of benefits 5. The Scheme provides medical care and cash benefits in the contingencies of sickness, maternity, disablement and death due to employment injury. Under the scheme medical care is also provided to families of the insured persons. Details of benefits provided under the scheme are at Annexure-I. 6. Cash benefits are provided through a network of 611 Branch Offices, 197 Pay Offices. In addition, 352 Inspection Offices are functioning under 23 Regional Offices, 26 Sub-Regional Offices and 2 Divisional Offices. 7. As per the provision of Section 58 of the ESI Act, State Government is the designated agency for delivery and administering medical care to the beneficiaries except for Delhi, Noida and Model Hospitals wherein ESIC is directly providing medical services. For providing a uniform scale of medical care, the Corporation, as per the provisions of Section 58(3) of the Act, enters into an agreement with the State Governments and the expenditure on medical care is reimbursed within the prescribed ceiling which at present is 1200/- per IP family unit per annum w.e.f. 01.04.2008. Out of this, 700/- is earmarked for administration and 500/- for other expenses (i.e. drugs and dressings, super specialty etc.). In addition, there is a provision to reimburse actual administrative expenditure to the State Governments on fulfillment of certain conditions. Besides this an additional incentive of 50/- per I.P. per family unit is being given to the State Govt. on fulfilling stipulated terms and conditions for improvement of medical scheme and 20 for preventive and promotive healthcare. 8. The delivery of medical care is through a service (direct) as well as a panel (indirect) system. The direct system functions through a network of dispensaries (1398), ISM Units (44), Hospitals (149), and annexes (42). A total of 1753 panel doctors were engaged in providing primary medical services through the indirect system. 9. The entire gamut of preventive, promotive, curative and rehabilitative services is being provided under ESI medical Scheme. Outpatient services are made available through service dispensaries as well as panel system. In the service system, the Corporation has laid down its norms for staffing and equipping the hospitals and dispensaries in the implemented areas. The norms are based on the number of insured persons in the area. The services of mini dispensaries, mobile dispensaries and employers utilization dispensaries are also utilized in places where the establishment of full time dispensaries is not justified / possible due to various reasons. 10. Under the panel system, the clinics of Registered Medical Practitioners are approved for providing outpatient care. There is a prescribed procedure to empanel such clinics. 11. In establishing arrangements for outpatient care, due consideration is given to the distance to be covered, density of insurable population etc. For proper functioning of dispensaries, various procedures, maintenance of records and statistical returns etc. have been prescribed. 12. Indoor and Inpatient treatment is provided through ESI Hospitals or with suitable tieup arrangements with other institutions. The Corporation has commissioned 24000 beds

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in 149 ESI Hospitals, 849 beds in 42 Hospital annexes and reserved 2967 beds in other hospitals to provide indoor treatment. 13. Specialists consultation is made available at dispensaries, diagnostic centres, ESI owned hospitals or through tie-up arrangements with reputed government and private institutions. 14. For provision of superspeciality investigations and treatment, ESIC enters into tie up arrangements with reputed institutions (Governmental and Non Governmental) to provide such services. The total expenditure on provision of superspeciality treatment and investigation is borne by ESIC outside the ceiling. 15. For admitted patients, drugs dressing, diet and other requirements are taken care of by the hospitals and Medical Superintendents have been delegated various powers required for in-patient care. 16. To ensure uniformity in supply of quality drugs ESIC formulates its own Centralized Rate Contract for both Allopathic and Aurvedic drugs. This rate contract is circulated to all the State Governments The contract is finalized by a Committee consisting of ESIC Officers from the medical and the finance, various state representatives and representatives of Drug Controller of India. To ensure that good quality drugs are supplied, stringent eligibility criterion has been laid down. 17. Insured persons and their family members are also provided artificial limbs, aids and appliances as approved by the Corporation from time to time. 18. The Corporation has made norms and guidelines for staff and equipment required by the ESI Hospitals and Dispensaries. Family welfare services, Immunization services and other activities under the National Health Programmes are carried out in all ESI Hospitals and dispensaries. The insured persons are issued medical certificates from dispensaries in order to get sickness, maternity and disablement benefit in cash. 19. If the insured person is permanently handicapped due to employment injury or occupational disease, he is given a fixed compensation on the basis of loss of earning capacity as assessed by the Medical Board. Special provisions exist for availing medical care at outstation/ on leave duty/ transfer etc. The beneficiaries are also provided services of indigenous System of Medicines and Homeopathy. In addition, the Corporation has also been promoting facilities of Yoga to the beneficiaries. 20. Five Occupational Disease Centers (ODCs) have been set up at Calcutta, Chennai, Mumbai, Indore and Delhi to provide necessary facilities for early detection, diagnosis of occupational diseases. These are Zonal referral centres and entire cost of running these centres is borne by ESI Corporation. 21. ESI Corporation and the State Governments are engaged in providing comprehensive health services to the beneficiaries and have been equipped with necessary infrastructure facilities. Periodical monitoring with regard to functioning of the schemes is being undertaken at various levels.

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COVERAGE 22. To bring more number of employees under the umbrella of social security protection available under the ESI Scheme, surveys are being conducted regularly in the implemented areas as well as non-implemented areas. This is an ongoing process by which coverable factories and establishments are being detected and the employees of such establishments are covered under the ESI Act. On account of extension of the scheme to new areas, 1.23 lakh additional employees were covered under the ESI Scheme during 2009-10 and 1.14 lakhs during 2010-11. Details of coverage of employees, insured persons, beneficiaries and employers during the last 3 years are as under:Number of Centres Employees Insured Persons Total Beneficiaries Employers covered 2008-2009 783 1.26 crore 1.29 crore 5.02 crore 3.94 lakh 2009-10 787 1.39 crore 1.43 crore 5.55 crore 4.06 lakh 2010-11 790 1.53 crore 1.55 crore 6.02 crore 4.06 lakh

23. The Scheme is implemented area-wise in stages. For implementation of the Scheme in new areas, a Phased Programme is drawn-up every year in consultation with the concerned State Governments for two years at a time - the current year and the next financial year. As the insured persons and their family members become entitled to full medical care from the day the Scheme is implemented in a new area and as per the provisions of Sec.58 of the Act, the concerned State Governments are required to make necessary arrangements for providing medical care, the Scheme can be extended to any new area only after the State Governments makes necessary arrangement for providing medical care to the workers to be insured. The position of implementation/extension of ESI Scheme in new areas during the last 3 years is shown below:Year Target New areas Employees for implementation lakhs) 106 50 80 52 1.96 lakh 1.16 lakh 1.92 lakh 1.88 lakh (in Achievement New areas where Number of scheme employees implemented covered 46 70,427 53 1.23 lakh 68 1.14 lakh 38* 76,720* Upto 01-07-2011

2008-09 2009-10 2010-11 2011-12

RECOVERY OF ARREARS 24. The details of total arrears, arrears recoverable as well as non-recoverable for the present and recovery made during the last three years are as under:-

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As on

Total dues Dues not recoverable for the present 1267.32 1309.99 1368.36 912.26 1009.01 969.92

Dues recoverable

Target for recovery

( In crore) Recovery effected

2008-09 2009-10 2010-11

355.06 300.98 398.44

180.00 292.96 128.32

140.16 121.98 115.61

25. It may be mentioned that out of the total outstanding arrears substantial amount is not recoverable for the present due to the following reasons: (i) (ii) (iii) (iv) (v) 26. Factories/Establishments having gone into liquidation. Stay granted by Courts. Recovery barred by the Act of Central/State Governments Factories/Establishments closed and whereabouts of the employers not known. Factories/Establishments registered with BIFR.

Recent initiatives for improving the scheme

Diamond Jubilee Commitments The ESI Scheme was introduced on 24th February, 1952 at Delhi and Kanpur. This year being the Diamond Jubilee year of the Corporation, is being celebrated by making several Commitments to the stakeholders for improving the services. COVERAGE The wage ceiling for coverage of employees under the Act has been enhanced from 10,000/- to 15,000 w.e.f. 1.05.2010. Threshold for coverage of factories reduced from 20 to 10 or more persons. Threshold for coverage of shops and other establishments also reduced from 20 to 10 in 10 States/UTs. The Scheme was extended to 53 new areas during the year 2009-10 and to 68 areas covering 1.14 lakh employees during 2010-11.During the current year 201112, the scheme has been extended to 38 areas covering 76,720 employees upto 1-7-2011. Revenue income of the Corporation increased to 6980.61 crore in the year 201011 from 5085.18 crore in 2009-10.

MEDICAL CARE SERVICES Expenditure on medical benefit increased from 2123.67 crores in 2010-11. 1626.93 crore in 2009-10 to

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About 2.00 crore of outpatients were treated in the ESI Hospitals during the year 2009-10. About 7000 medical professionals and 35000 para medical and other staff are working in medical institutions under the ESI Scheme. Total No. of admissions in Hospitals during 2010-11 was 3.38 lakh. Cases referred for specialized investigations were 17.63 lakh and total numbers of Home Visits were 63,655 in 2009-10.

MODEL HOSPITAL SCHEME:- ESI Corporation has taken a decision to set up one hospital in each State as Model Hospital. ESIC has set up Model Hospital in 18 States so far. These hospitals are being upgraded as per norms and standards laid down by ESI Corporation. The expenditure on Model Hospitals is fully borne by ESI Corporation. STARTING OF MEDICAL EDUCATION INSITUTION:- ESIC decided to enter the field of Medical Education recently and 43 such Institutions have been envisaged which include medical colleges, nursing colleges, dental colleges, post graduate institutions and training school etc. ESIC has already started six Post Graduate Institute of Medical Sciences & Research at and one Dental College. PROVISION OF PRIMARY AND SECONDARY CARE SERVICES BY ESIC DIRECTLY:- ESI Corporation has decided to provide primary and secondary medical care services directly in the areas where the concentration of IPs is more than 5000 and there is no dispensary within 8 kms ( 5 kms in hilly areas ) and where concentration of IPs is 25000 ( 15000 in hilly areas ) and there is no hospital within 25 kms. This facility will be available till the state govt./ESI Scheme establishes its own hospital and dispensary. PROVISION OF SUPERSPECIALTY SERVICES:- Patients can avail super specialty treatment from any of the networked / tie up hospital of ESIC (more than 700 in no.) as per his choice anywhere in the country. The total expenditure on such tie-ups is borne by the ESIC. The Corporation spent about 180 crores on super speciality treatment of the Insured Persons and their family members, last year. GRADING AND ISO CERTIFICATION OF ESI HOSPITALS AND DISPENSARIES:- ESI Corporation is getting its hospitals and dispensaries graded by reputed organizations. ISO Certification has already been obtained for Hqrs Office, 18 ESIC Hospitals and 13 ROs/SROs. Further action has been initiated for getting ISO certification in respect of other hospitals and dispensaries. Gradation of ESIC run hospitals have also been done through outside agencies ie. ICRA and Ma foi Consulting. ZONAL SUPER SPECIALITY HOSPITALS:- Four Super specialty hospitals to be set up in four zones. In the first phase, super specialty hospital is yet to be commissioned soon at Sanath Nagar, Hyderabad for South Zone. HOSPITAL DEVELOPMENT COMMITTEES:- Hospital Development Committees have been constituted in all ESI Hospitals and have been given adequate administrative and financial powers for taking decisions for improving medical care facilities of each ESI Hospital. In the last 2 years 1383 Medical Professionals and 766 para-medical staff were recruited by the Corporation.

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MODERNIZATION AND UPGRADATION OF MEDICAL INFRASTRUCURE ESIC has undertaken modernization and upgradation of 29 ESI Hospitals all over the country. ESI Corporation, in its meeting held in August 2009, decided that henceforth all new hospitals under construction and proposed will be run directly by ESI Corporation and total expenditure on these would be borne by ESI Corporation. As a part of initiative for overcoming the shortage of medical manpower and improving the services in ESI Hospitals, ESI Corporation has undertaken a project for starting medical colleges, nursing colleges, dental colleges and training schools for other para medical staff in ESIC/ESIS Hospitals. To overcome shortage of specialists in state ESI Hospitals, ESIC is appointing part-time-specialists directly in state ESI Hospitals to ensure that proper services are available to ESI beneficiaries. The total expenditure on this is borne by ESI Corporation. Commitments made by Medical Division during the Diamond Jubilee year starting from 24.02.2011 :o Wellness mobile van to be started in all ESI Hospitals. o Setting up of AYUSH units in all ESIC Hospitals. o Organization of one health camp in each month by each ESIC Hospital. o Opening of 5 ESIC Green field hospitals. o Up gradation / modernization of 5 ESIC Hospitals. o Facilitation / counseling centre in each ESIC Hospital. o Setting up of Diamond Jubilee Model dispensary with diagnostic facilities in the States. o Payments to all clients within 10 days through ECS. CASH BENEFITS Corporation disbursed 496.56 crore as cash benefits in the year 2010-11 as against 428.83 crore in the year 2009-10. Daily rate of Sickness Benefit has been enhanced from 60% to 70% of average daily wage. The daily rate of permanent disablement benefit and dependants benefit was enhanced from 75% of wages to 90% of wages. The Corporation, in its meeting held in August, 2011 decided to enhance the rates of permanent disablement benefit and dependants benefit to protect the value of these benefits against rise in the cost of living index. The Corporation, in its meeting held in August, 2011, also decided that the minimum amount of dependants benefit payable to dependants of deceased employees shall be Rs.1200 per month. Scheme for permanently disabled insured persons:- Permanently disabled persons working in factories and establishments covered under the ESI Act and drawing wages upto 25,000/- per month have been brought under the scheme w.e.f.1-4-2008. In order to encourage employment of disabled persons, the employers share of contribution in respect of such disabled employees will be paid by the Central Government for initial three years.

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Improving work environment and facilities for Insured Persons visiting ESIC Offices: Infrastructure facilities in all the offices of ESIC are being upgraded to provide proper work environment so that the efficiency level of workers may increase. In the first phase, 50 Branch Offices are being upgraded. Customer friendly administrative procedures: In an endeavor to reach out to the beneficiaries and make the system more customer friendly, long-term benefits such as Permanent Disablement and Dependants Benefits are being credited to the bank account of the beneficiaries through ECS system.

IT- ENABLEMENT ESICs IT Project Panchdeep, one of the largest e-governance project, has been launched. All ESI Institutions have been networked under this Project. Two smart cards christened as Pehchan cards, one for Insured Person and other for the family have been issued. This enables the Insured Persons and their family members to avail medical benefit from anywhere anytime, even if living at separate locations. Bio-metric details of more than 85 lakhs Insured Persons have already been captured to generate these smart cards. Aawareness campaigns have been launched to inform, educate & communicate about Project Panchdeep to the stakeholders. IT Project Panchdeep has been rolled out throughout the country. Registration of factories/establishments and their employees is now on-line and employers are able to generate code number for their establishment and temporary identity cards for their employees online after which the biometric details and photograph of employees are captured and Pehchan cards are issued by designated offices of ESIC. Entitlements to benefits, processing of benefit payments, revenue management, and medical history of patients will all be available in the data base through Pehchan, Pashan, Dhanwantari and Milap modules of IT enablement project.

Amendment in Employees' State Insurance Act, 1948, Rules and Regulations The Employees' State Insurance Act, 1948, as amended vide ESI (Amendment) Act, 2010 w.e.f. 01.06.2010 for enhancing the Social Security coverage, streamlining the procedure for assessment of dues and for better services to the beneficiaries. The salient features of the Amendments in the Act are as under: A uniform threshold of 10 or more persons for coverage of factories has been prescribed vide ESI(Amendment) Act, 2010, and for counting 10 persons for initial coverage of a factory, all persons employed irrespective of their wage are to be counted. Enhancing age limit of dependant children for eligibility to dependants benefit from 18 years to 25 years;

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Extending medical benefit to dependant minor brother/sister in case of IPs not having own family and whose parents are also not alive; Continuing medical benefit to insured persons retiring under VRS scheme or taking premature retirement; Treating commuting accidents as employment injury; Making an enabling provision for extending medical care to other beneficiaries against payment of user charges to facilitate providing of medical care from underutilized ESI Hospitals to the BPL families covered under the Rashtriya Swasthaya Bima Yojana and other schemes framed by Central Government. Empowering State governments to set up autonomous Corporations for administering medical benefit in the States for bringing autonomy and efficiency in the working.

Consequent amendments have also been carried out in ESI (Central) Rules, 1950 and ESI (General) Regulations, 1950, simplifying the procedure for calculating benefit rates, simplifying the forms used by stakeholders and for improving the scale of benefits available under the scheme.

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Annexure-I Details of ESI Benefits The ESI Scheme provides following benefits to the Insured Persons:Medical Benefit: The Scheme provides for full and comprehensive medical treatment to the IPs. and their families including hospitalization, referral treatment and supply of artificial limbs, dentures etc. This benefit is available to the IPs his family without any contributory condition from the date he enters insurable employment and is continued thereafter subject to fulfillment of contributory condition of contribution for 78 days in a contribution period of 6 months. Sickness Benefit: Under the Scheme the IP is entitled to Sickness Benefit for 91 days in a year to the extent of 70% of his wages. This is extended upto 2 years in the case of chronic illness and rate of payment of benefit is about 80% of his wages. For this benefit the IP is required to have contributed to the Scheme at least for 78 days in a 6 monthly contribution period. Maternity Benefit: The Scheme provides for payment of maternity benefit equal to full wages for 12 weeks plus additional one month in the case of illness arising out of pregnancy, delivery etc. The insured woman is required to have contributed for 70 days in proceeding two contribution periods for entitlement to maternity benefit. Disablement Benefit: In the case of disablement due to employment injury including occupational diseases the IP is entitled to payment of periodical benefit at about 90% of his wages during the period the IP is abstaining from work for treatment. There is no contributory condition for this benefit. After the treatment is over, if there is any residuary permanent disablement, a Medical Board decides the daily rate of compensation as a percentage of the full rate. Dependant Benefit: In the case of death due to employment injury the family is entitled to payment of dependant benefit at the rate about 90% of his wages. There is no contributory condition for this benefit. Funeral Expenses: In the case of the death of the IP a sum of Rs.10,000/- is paid for meeting the funeral expenses. Rajiv Gandhi Shramik Kalyan Yojana (Unemployment Allowance Scheme): The Rajiv Gandhi Shramik Kalyan Yojana was introduced w.e.f. 01.04.2005. Under the Scheme, employees covered under the Scheme who lose their employment due to closure of factories/ establishments, retrenchment or permanent invalidity are entitled Unemployment Allowance equal to 50% of their wage for upto one year.

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5.

Welfare of Tea Plantation Workers

Tea industry is a labour intensive industry and employs large number of women workers. The estimated number of workers employed in the industry as per latest figures compiled are as under: Region Estimated Number of Labour employed Plantation --- 2007 in Tea

MALE North India Total South Total All India 4,40,684 1,59,865 6,00,549

FEMALE 4,31,529 2,02,685 6,34,214

ADOLSCENT 24,834 353 25,187

TOTAL 8,97,047 3,62,903 12,59,950

Of the total work force approximately half are women. Women are mostly engaged in plucking tea leaves. They are, when necessary, also employed in other field operations like weeding, irrigation and pruning etc. With regard to wages they are given equal status to their male counterparts The service conditions of workers in the Tea Industry are protected through various industrial and social security legislations. Among them the Plantation Labour Act is one of the important legislations. It is a Central Act but implemented by the State Governments in their respective areas. The Tea Board has no explicit role in implementation of this Act. The facilities provided to tea estate labour under the Plantation Labour Act, 1951 are enumerated below: Housing Every worker and his family are entitled to a house as per the relevant provisions of the Plantation Labour Act and Rules framed thereunder. These houses are to conform to the prescribed standards and specifications. The employer at his own expense has to maintain all houses in a fit and safe condition and execute annual and such other repairs as required from time to time. Medical Every worker and his family is entitled to free medical treatment at the garden hospital and in cases where the patient is referred for outside treatment, free treatment to the worker and his dependants is also provided at the referral hospitals.

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For the purpose of the above, family as defined in the Plantation Labour Act includes the worker, his or her children and in case of a male worker the dependant parents of the worker. Education Every tea estate has to provide primary education to the children of workers. Primary schools are maintained in the tea estates by the management in Assam. In West Bengal the estates primary schools have been taken over by the State Government, which imposes the Education Cess. Transport is also provided by tea estates although not statutorily required for children going to school outside the tea estate area. Crches Every tea estate provides crches for children of women workers below the age of six years as per the provisions of the Plantation Labour Act and Rules framed thereunder. Drinking Water In every plantation and factory effective arrangements are made by the employer to provide and maintain at a convenient place sufficient supply of wholesome drinking water for all workers. Periodical cleaning of the sources of water supply is done as per Rules and water samples are sent for testing to prescribed laboratories by the tea estates. Some of the provisions of the Plantation Labour Act in relation to service conditions of the workers are given below: As per Sec.25 of the Tea Plantation Labour Act woman workers are exempted from night work beyond 7 PM As per Sec.12 of the Plantation Labour Act tea industry is operating crches. As per Sec. 19 Adult worker shall not be required or allowed to work on any plantation in excess of 48 hours a week and adolescent for more than 27 hours a week. As per Sec. 20 there is a provision of weekly holidays i.e. a day of rest in every period of seven days which is allowed to all workers. As per Sec. 30 the workers are also entitled to avail leave with wages.

In addition to the above, workers of the tea industry are covered by all industrial and social security legislations like Workmens Compensation Act, Payment of Gratuity Act, Provident Fund & Miscellaneous Provisions Act, (Assam Tea Plantation Provident Fund, Pension Fund and Deposit Link Insurance Fund Scheme Act 1955 only for Assam), Payment of Bonus Act, Maternity Benefit Act, Payment of Wages Act, Equal Remuneration Act, Industrial Disputes Act, Factories Act and Industrial Employment (Standing Order) Act, 1946.

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The respective State Governments through their Labour Directorate/ Department are the appropriate authorities for implementation of the provisions of these Acts and monitoring of progress. In addition to the above certain amenities are provided by virtue of existing agreement and practices. Protective Clothing Workers are provided with protective clothing free of cost by the employer, these include an umbrella/raincoat, slippers, blankets for all workers and aprons, gloves, masks, etc. in addition to the above for workers engaged in spraying of chemicals in plantations. Foodgrains Tea estate workers in North India i.e. tea estates in West Bengal and Assam are provided cereals (rice/wheat) for themselves and their dependants at the following scale: Worker Adult Dependant Child Dependant : : : 3.26 kg per week 2.44 kg per week 1.22 kg per week

Concessional rations in the above mentioned scales are provided at highly subsidized rates ranging between 40-54 paise per kg regardless of market price. Fuel Firewood is provided to every workers family free of cost by the management. Members of Supervisory staff are provided with gas cylinders. Dry Tea All workers are provided with dry Tea for their consumption as per agreement. The workers of the industry are represented by organized Unions. Industry wages are settled through bipartite and tripartite periodic settlements. The Unions have also been able to secure for the workers through agreements, electrification of labour quarters, skill-based categorization, etc. Workers rights are, therefore, protected through legislation as well as collective bargaining. LABOUR WELFARE MEASURES UNDERTAKEN BY THE TEA BOARD The Tea Board undertakes various welfare activities for tea plantation workers and their dependants through Labour Welfare Scheme. The welfare activities undertaken by the Board are supplemental in nature and cover general welfare measures. Tea Board has only very limited responsibility as the basic responsibility of the welfare of the tea garden workers rest with the teas garden owners which are specified under the Plantation Labour Act and other enactments. The labour welfare activities are funded through the Human Resource Development Scheme of the Board

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as approved under the 11th Plan. The HRD Scheme aims at achieving improvements in the life and living conditions of the Tea Plantation labourers and their dependants on the following three broad areas (a) improving the health of workers; (b) education of wards of workers; and (c) imparting training to improve skills for growers/workers and plantation managerial staff etc. For improving health of workers, the scheme aims to provide safe drinking water to tea garden workers and establish sanitary latrines in the labour lines. Tea Board also helps the tea gardens to establish hospitals and health centres with assistance to construct buildings and provide them with medical equipments and accessories, ambulance etc. For specialized treatment beds are reserved in specialized hospitals/health clinics etc for tea plantation workers and their dependants. Special schemes of family welfare education programme are also undertaken in tea garden areas to educate the workers on small family norms, prevention of aids/HIV infection, drug abuse etc. Scouting and guiding activities are also encouraged in the tea areas. Financial assistance is also given to physically challenged plantation workers and their wards by providing crutches, caliper shoes, artificial limbs etc. For education of wards of workers, educational stipends are given for general education and also for specialized education. Assistance is also given for construction of school/college buildings in and around tea areas for spreading education among tea garden population. These expenditures are met out of the allocation under the Human Resource Development Scheme. During the 11th Plan a sum of Rs.50 crores have been allocated for the Board under the HRD Scheme. The broad categories under which labour welfare measures are undertaken by the Tea Board are given below:(1) Strengthening Hospitals in areas of tea HEALTH Capital Grant to hospital/Clinics/Health Centres etc. for construction/extension of buildings and for purchase of ambulance/medical equipments etc.

Medical Assistance, Assistance to disabled persons dependants on tea Reservation of beds garden workers/medical assistance for tea garden workers and reservation of beds. Family Welfare Family Welfare Programme Programme Drinking Water Drinking water Sanitation Sanitation (2) EDUCATION Educational Stipend/Scholarship for wards of tea plantation workers Book and School Uniform Book & School Uniform Grants Grants Bharat Scouts & Guides Bharat Scouts & Guides activities/Sports activities in tea garden areas Schools/Colleges Capital grant to schools/colleges for construction/extension of buildings Stipend

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(3) Training

TRAINING Training to workers, office staff and managerial persons for improving production and productivity, Vocational Training for wards of tea garden workers, officials, and small growers.

The details of expenditure made under the above broad heads during 2007-08, 2008-09 and 2009-10 (upto December 2009) are given below:(Physical in brackets in Units) (Rupees in Lakh) Achievements Achievements 2007-08 2008-09 HEALTH Strengthen of Hospitals in tea areas Medical Assistance, Reservation of beds Family Welfare Programme Drinking Water Sanitation (2) Stipend Book and School Uniform Grants Bharat Scouts and Guides Schools/Colleges Total (Health Education) (3) Training & 14.93 (5) 0.74 (3) 7.47 (1) 3.49 (2) 0.38 (5) 1.75 (1) Achievements 2009-10 Upto Dec.09 8.00 (3) 0.20 (`1) 9.62 (2)

(1)

EDUCATION 73.56 67.76 (665) (579) 201.53 164.67 (20086) (16404) 5.62 2.39 (995) (879) 45.15 22.72 (12) (6) 349.00 263.16 TRAINING 90.00 (10263) 38.00 (6887)

30.86 (356) Nil 4.13 (88) 69.75 (11) 122.56

19.67 (2370)

The two new initiatives envisaged under the 11th Plan period aims at improvement of sanitation and drinking water facilities for tea garden workers. The modalities for implementation of these schemes are being worked out. To begin with a pilot scheme for improving sanitation facilities in tea areas was being implemented. Tea Board is working out a collaboration project with the Sulabh International, New Delhi and the Consultative Committee of Plantation Associations. Under this project 500 units of sanitary latrines are proposed to be constructed in tea areas of North

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Bengal. Similarly 1000 units of sanitary latrines are proposed to be constructed in Assam tea areas during the current financial year. UNICEF model of sanitary latrine was proposed to be adopted for this purpose. PRESENT STATUS OF THE PLANTATION LABOUR (AMENDMENT) ACT 2010 The Plantation Labour (Amendment) Act 2010 has been passed by the Parliament (Rajya Sabha on 30.04.2010 and Lok Sabha on 06.05.2010 ) and the said amendment has been published in the Gazette of India on 18.05.2010. The amended provisions had been notified to come into force with effect from 07.06.2010. Out of 17 lakh plantation workers in India 50% are women. Keeping in view their interest certain progressive as well as reformatory provisions have been included and these are as under: In the earlier provision the word Family when used in relation to a worker meant, his or her spouse, the legitimate and adopted children of the worker dependant upon him or her who have not completed their eighteen years and included, where the worker is a male his parents dependant upon him. However, in the Plantations Labour (Amendment) Act 2010, the gender bias has been removed by virtue of an amendment brought in Act, which includes even the parents / dependants of a female worker as well. Further, after the amendment family also includes dependant widow sister of a female worker as well as male worker so that the social benefit can be extended to a wider group of plantations workers and their dependants. As a progressive measure the wage ceiling of the plantation workers has been enhanced from Rs.75/- to Rs.10,000/- per month and the contract labour who have worked for more than 60 days in a year have been included in the definition of workmen. A totally new chapter (Chapter IV-A) has been introduced to cover all aspects of safety and occupational health of workers specifically women and child labour working in the plantations pertaining to the use handling, storing or transporting chemicals, insecticides and toxic substances used in the plantations. As a reformatory measure child labour had been prohibited to work in plantations. Before the amendment children between the age of 12-14 were permitted to work in plantations. In order to prohibit child Labour in plantations, it was sought to insert a new section 24 after section 23 of the principal Act to prohibit child Labour in plantations. This is in consonance with provisions of child Labour (Prohibition and Regulation) Act, 1976. The amended act also ensures medical facilities for plantation labourers by giving the power and responsibility to the State Government to provide the same and in case of default by employers, recover the costs from them. A new section (Section 32-C) has been inserted to prescribe the manner in which compensation in case of accident shall be registered. The penal provisions have been made more stringent for effective implementation.

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6.

Welfare of Bangle Workers

There is no welfare scheme for Bangle Workers. However, they are covered under the Unorganised Workers Social Security Act, 2008 and other labour laws applicable to them. The Bangle workers who are living below the poverty line are also covered under Rashtriya Swasthya Bima Yojana (RSBY) providing for smart card based cashless health insurance cover of Rs.30000 per annum per family (a unit of five) in the unorganised sector.

7.

New Pension Scheme

Ministry of Finance vide its O.M. dated 13.11.2003 conveyed the Government of India decision to introduce a New Pension Scheme (NPS) based on defined contribution for new entrants recruited in Central Govt. Service on or after 01.01.2004. vide said O.M. dated 13.11.2003 it was also conveyed that a Resolution dated 10.10.2003 has been issued regarding constitution of interim Pension Fund Regulatory and Development Authority (PFRDA) under the administrative control of the Ministry of Finance. The said New Pension Scheme has been adopted/implemented to the new entrants (who joined after 31.12.2003) in ESIC also, consequent upon its approval by Standing Committee in its meeting held on 23.04.2004, and circulated to all concerned on 07.07.2004. The Pension Fund Regulatory and Development Authority (PFRDA) appointed NSDL (National Security Depository Limited) as Central Record Keeping Agency (CRA). The CRA acts as operational interfacing entity in the NPS architecture and the main functions of CRA are record keeping, accounting & administration and customer services for its subscribers. The Government of India made filling up of PRAN (Permanent Retirement Account Number) forms mandatory for new recruits. In the process of getting PRAN by subscribers of ESI Corporation, the initial step was registration of ESI Corporation and its field units (ROs/SROs etc.) Accordingly ESIC was successfully registered with NSDL by getting Pr. AO Registration number for ESIC Hqrs. Office. The Pr. AO registration number allotted to ESIC is 3002592. The 58 field units of ESIC out of 77, including Hqrs. Office, have also been allotted PAO (Pay & Accounts Office) Registration Number. The next step of registering individuals subscribers under the NPS has also been is under progress and already 1279 employees of the ESI Corporation have been registered under the NPS and the concerned 1279 employees have also received their PRAN card. The process of registering other employees is also under way.

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However, for the successful implementation of the NPS, the following issues require clarification:1. In case of exist from the scheme on account of resignation including (technical resignation) removal/dismissal from service etc. whether refund of employees and/or employers contribution with/ without interest is possible? 2. The refund of contribution in case of death of an employee covered under NPS
requires clarification.

8.

Welfare of Tobacco Workers.

The Government is implementing Modified Personal Accident Insurance Scheme for tobacco growers / workers. Modified Personal Accident Insurance Scheme was introduced in 2005 and modified in December, 2008, by the Price Stabilization Fund Trust established under the Ministry of Commerce & Industry. The scheme covers for insurance of Rs.1.00 lakh and the premium payable is Rs.22.06, of which 50% is subsidized by the Price Stabilization Fund Trust. Under the scheme alongwith the tobacco growers, the growers family members and the workers working under the growers are also eligible to join the scheme. The salient features of the Scheme are as under: (In Rupees) Death due to Accident 1.00 Permanent total disablement due to 1.00 Accident Loss of two limbs or two eyes 1.00 Loss of one eye and one limb 1.00 Loss of one eye or one limb 0.60 Compensation for loss of employment to 0.15 Lakh or equivalent to three workers due to major and serious months prevalent wages accidental injury for a continuous period of whichever is lower. three months or more.

1. 2. 3. 4. 5. 6.

The vendor agency during the years 2009-10 & 2010-11 was National Insurance Company Limited and the vendor agency for 2011-12 & 2012-13 is M/s Cholamandam M.S. General Insurance Company Limited. During the year 2011-12, 21413 tobacco growers and 27949 workers in Andhra Pradesh and Karnataka have joined under the Scheme. The Tobbaco workers who are living below the poverty line are also covered under Rashtriya Swasthya Bima Yojana providing for smart card based cashless health insurance cover of Rs.30000 per annum per family (a unit of five) in the unorganised sector. ****************

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