Violation of Labour Laws for Contract Labours

                V.V. Giri National Institute of Labour in their Impact Study report  has not stated that close to 55 per cent of the workforce in the organised industry is on contract basis and they are not paid industry-wise minimum wages.  However, the  study had revealed that  contract labour are being paid less wages than the wages given to the regular workers of Principal Employer even though contract labour perform same or similar kind of work. The estimated number of Contract labour of licensed contractors under Contract Labour (Regulation & Abolition) Act, 1970 is approximately 60 lacs in the country.  Out of which 36% perform same or similar kind of work as of directly appointed workmen of Principal Employer.

                As per the  Contract Labour (Regulation & Abolition) Central Rules, 1971, the wages of the contract labour shall not be less than the rates prescribed under  Minimum Wages Act, 1948 and in cases where  the contract worker perform  the same or similar kind of work as the workmen directly employed  by the principal employer of the establishment, the wage rates, holidays , hours of work and other conditions of service  shall be the same as applicable to the workmen directly employed by the principal employer doing the same or similar kind of work.

                The workers doing same or similar work and not getting same wages can raise the issue before the appropriate “Government”.  The Central Government is the appropriate Government in respect of the establishments falling in Central sphere.    The private companies in non Government sector and un- organized sector come in State sphere.    In the Central sphere, the complaints/grievances are received in the field offices of Chief Labour Commissioner (Central) Organization.

                The details of prosecution launched   and  employers/persons convicted  during last three years under  the Contract Labour (Regulation & Abolition) Act, 1970, Minimum Wages Act, 1948 and Building And Other Construction Workers’ Act, 1996is at Annexure-I.

                Apart from above, the Central Government has prohibited employment of contract labour in various establishments in Central sphere through 84 Notifications issued from time to time under the Contract Labour (Regulation & Abolition) Act, 1970.

                The matter regarding regularizing the contract workers as regular workers is not feasible as it will pave the way for back door entries in regular jobs.

                 The Union Labour & Employment Minister Shri Mallikarjun Kharge gave this information in a written reply  in  Rajya  Sabha today.

Annexure-I

CONTRACT LABOUR (REGULATION & ABOLITION) ACT, 1970

S. No.	Particulars	2008-2009	2009-2010	2010-11	2011-12*
1.	No. of Inspections conducted	6925	9428	7327	3886
2.	No. of Prosecution Launched	3573	5181	4908	2451
3	Persons convicted

 2.            MINIMUM WAGES ACT, 1948

S. No.	Particulars	2008-2009	2009-2010	2010-11	2011-2012*
1.	No. of Inspections conducted	15671	14720	16780	8842
2.	No. of Prosecution Launched	4631	4382	5950	4497
3.	No. of Claim cases disposed	2237	2046	1964	1591

3. BUILDING AND OTHER CONSTURCTION WORKERS ACT, 1996 UNDER SECTION (47, 48 & 49)

S. No.	Particulars	2008-2009	2009-2010	2010-11	2011-2012*
1.	No. of Inspections Conducted	2651	3036	2657	1220
2.	No. of Prosecution Proposal  received	705	670	922	330
3.	No. of Prosecution Proposal Sanctioned	680	622	894	324
4.	Fine imposed by Courts	Rs.1,18,450/-	Rs.1,28,600/-	Rs.2,13,800	Rs. 49,500

        * Provisional

No of  persons convicted

S. No.	Particulars	2008-2009	2009-2010	2010-11
1.	Minimum Wages Act,1948	3585	3415	4459
2.	Building and Other Construction Worker Act, 1996	680	622	894
3	Contract Labour (Regulation & Abolition) Act, 1970	738	2318	1528

 Source : PIB Aug 30, 2012

Enhancement of Pension to Workers

A proposal of the Pension Implementation Committee (PIC), a Sub-Committee of the Central Board of Trustees, Employees’ Provident Fund (EPF) to enhance the minimum pension under Employees’ Pension Scheme, 1995 to Rs. 1,000 is under consideration of the Government.

The Union Labour & Employment Minister Shri Mallikarjun Kharge gave this information in a written reply in Lok Sabha today. 

Source : PIB, Aug 30, 2012

Implementation of Labour Laws in the Country

The Planning Commission had set up a Working Group on “Labour Laws & Other Labour Regulations” for the Twelfth Five Year Plan (2012-17) under the Chairpersonship of Secretary, Ministry of Labour & Employment . Since the Working Group on “Labour Laws & Other Labour Regulations” had been set up by the Planning Commission for finalization of the Twelfth Five Year Plan (2012-17), the report of the Working Group containing the recommendations has been submitted to the Planning Commission. The recommendations of the Working Group for improving enforcement of labour laws are as under:

Recommendations for Improving Enforcement of Labour Laws

Strengthening of enforcement machinery by way of increasing the manpower, improving infrastructure, etc. is essential for effective implementation of labour laws. At present the ratio of enforcement officer to industrial establishment is very low. Over the years the number of Acts, number of establishments and number of workers have increased manifold. The Working Group, therefore, suggests a complete review of the strength of the enforcement machinery. Creation of an All India Service for labour administration to provide professional experts in the field of labour administration, autonomous bodies and labour adjudications could help. This could be accompanied with well laid out institutional mechanisms for up gradation of skills, induction of greater professionalism, introduction of performance assessment parameters and well defined incentives and disincentives for officers dealing with enforcement of labour laws.

The Working Group also felt that proper enforcement of labour laws can be done through the vigil of trade unions. Collective bargaining process should increasingly be relied upon for resolution of labour disputes. Holding LokAdalats should also be encouraged to enable faster disposal of cases. A database should be built on all aspects relating to industrial relations and the officers of the Labour Departments should have access to such database through computer connectivity. The flow of statistics from the States to the Centre should also be streamlined, made more efficient and faster.

In addition to codification and simplification of Labour Laws it is also suggested for creating online single window system for making compliance as user friendly, simple and for bringing transparency. Employers can seek the registration, license etc. online and can also file returns etc. online.

The Union Labour & Employment Minister Shri Mallikarjun Kharge gave this information in a written reply in Lok Sabha today. 

Source : PIB, Aug 30, 2012

5 secrets to maintain a steady weight

Now that you have reached your weight loss goal, we are sure you wouldn't want to slip down the slipper slope of weight gain again.

The real task of managing your weight lies ahead. So, what will be your plan of action? The most pivotal point to note here is that you have to make your weight loss a permanent one. For doing so, today, Dr. Sukhvinder Singh Saggu, Sr Consultant Laparoscopic, Gastro & Obesity surgeon at Fortis Jessa Ram Hospital, New Delhi, gives us his insights on the top 5 secrets for maintaining a steady weight.

Get exercise in unexpected ways. To maintain the ideal weight, for men and women, one needs to be active in their whole day. Ideally, it is recommended to burn at least 2000 calories per day for men & 1600 calories for women. There are several ways to burn your calories. For example, if men and women wash their cars, an activity that takes at least 30 minutes, it easily burns approximately 300 calories. Similarly, instead of using elevators/lift, if they use stairs, they will burn upto 100 calories, and so on.

Don't try to be perfect. Maintaining weight or losing weight should not be a short duration target. It should be an on-going activity, which needs to be achieved slowly and in a steady manner. It should be pursued with the intent to learn, rather than the attitude that declares it as learned or perfect.

Keep fizzy drinks at bay as much as you can. Surely, soft drinks and other carbonated drinks need to be on check. If you are on your way to being a fit person and want to live your life healthier, then stay away from fizzy drinks as much as you can. Instead, go for home-made lemonade, fresh fruit juice or prepare your own ice tea. Carbonated, aerated drinks simply elevate the symptoms of diseases such as diabetes, arthritis, liver damage, heart ailments and even cancer to some extent.

Eat at proper intervals. If one wants to maintain his/her lost weight or intends to lose weight, then the most important point to keep in mind is to have food at proper regular intervals. Skipping any meal of the day, will not help one to lose weight, rather it creates problems. It is recommended to have 6 to 7 meals in a day but of small portions. The count is of calories, i.e. how much you consume in a day. The small portion of meal helps you digest food faster. And not to forget, eat a light dinner at least a couple of hours before sleeping to avoid acidity and other indigestion issues that indirectly affect weight management.

Do not forget your strength training routine. Not only does strength training give men and women a fit and toned body, but it also helps the joints and muscles work more efficiently against injuries. It makes joints and bones more flexible and strong, and increases stamina. It is ideally suggested that one should opt for strength training for at least three times a week. Strength train all parts of your body by targeting different body muscles on a daily basis.

Source : The Times of India, Aug. 30, 2012

IRCTC to launch deposit scheme for faster bookings

MUMBAI: Booking a ticket through the Indian Railway Catering and Tourism Corporation (IRCTC) website is set to get easier and faster if the IRCTC's plans to set up a rolling deposit scheme (RDS) work out. Pradeep Kundu, joint general manager, public relations, IRCTC, said, "Under the scheme, a user can deposit money in advance with the IRCTC and use RDS from the available payment options on the IRCTC website for paying for their tickets."

The IRCTC has proposed a one-time registration fee of around Rs 200-250 and a minimum deposit of around Rs 1,500-2,000 for the service. Users can top up their RDS account balance by using any of the available payment gateways and can also transfer money from their bank accounts to their IRCTC accounts and book tickets using that RDS account. The account can be managed and topped up online. The IRCTC claims that the RDS account system will be more efficient and advantageous as compared to transactions carried out through payment gateways of banks.

Kundu said, "Currently, after a payment option is selected, customers are redirected to the payment gateway, where they enter their card details. Subsequently, they are redirected to either the Verified by Visa or Master Secure service, where they have to enter their password and validate the transaction. This entire process consumes a substantial amount of transaction time.

"Very often, customers enter the wrong passwords and have to revalidate the transaction. When the customer is finally redirected to the IRCTC site, the session may have timed out and as a result the ticket would not have been booked."

Kundu added, "Time can be saved by using an RDS account, as the entire transaction is internal and there is no dependency on a third party payment gateway."

On August 5, TOI had reported about the high number of failed transactions while using the IRCTC website. The IRCTC had claimed that this happens due to reasons like wrong password, wrong card expiry date fed by the customer, expired card, insufficient funds in the customer's account, technical problem at the bank's end etc., over which it has no control.

Kundu said, "The RDS mode of transaction system is faster, safer and easier. Users will not only save on payment gateway charges, but will also save precious booking time by eliminating payment approval cycle." Under the RDS system, the user's dependency on banks is reduced. Even if banks go offline, IRCTC users can book tickets using their RDS account.

Key features of Rolling deposit scheme

User authentication: Users of the rolling deposit scheme (RDS) will be verified and authenticated through online PAN card number verification

Secure access: Users will have to provide transaction passwords/ PIN numbers for every booking done through RDS

Complete history: Users will be able to check RDS transaction/payment history. They can also change the transaction password as and when required

Easy refund: In case of ticket cancellation, the refund will be credited to the user's RDS account the next day 

Source :  http://timesofindia.indiatimes.com, August 30, 2012

Government withdraws ban on bulk SMSs, MMSs with immediate effect

NEW DELHI: Government ended ban on bulk text messages on Thursday, two weeks after imposing restrictions to halt the spread of threats and rumours that sparked an exodus of migrants fearing attack.

Tens of thousands of migrant workers and students from the North East fled home earlier this month due to reports that miscreants planned to target them in reprisal for recent ethnic clashes in Assam.

Panicked crowds packed trains leaving Bangalore and other cities in the south and west of India in response to mobile phone text and video messages that warned of violence against people from the northeast.

The government responded by enforcing a ban on bulk messages, when the same text is sent to lots of recipients, and it also blocked some Internet pages to try to halt the spread of incendiary material that could fuel ethnic tensions.

"We reviewed our order and decided to withdraw the ban on bulk text and video clip messages with immediate effect," Samir Sinha, spokesman for the home ministry, told AFP adding the Internet blocks would still stand.

Violence in Assam between the Bodo community and Muslims has raged for more than a month, with an estimated 90 people killed and 400,000 people taking refuge in camps.

Source : http://economictimes.indiatimes.com, August 30, 2012

High Level Committee on Status of Women

The Government of India has set up a High Level Committee on the status of women to undertake comprehensive study to understand the status of women since 1989 as well as to evolve appropriate policy interventions based on a contemporary assessment of women’s needs. The High Level Committee was constituted vide Resolution dated 27 February, 2012 and it is required to present its report within 2 years.

The composition of the Committee is as under:-

Justice Ruma Pal	Chairperson
Prof.BinaAgarwal	Member
Dr.Amita Singh	Member
Dr. Pam Rajput	Member
Ms. Rita Sarin	Member
Dr.Manorma Singh	Member
Dr.Shantha Krishnan	Member
Dr.Nirmala Devi	Member
Ms.Manira A Pinto	Member
Smt. VijayluxmiKol.	Member
Ms.PratimaThami	Member
Mrs.Suman Kumar	Member
Mrs.Anusuiya Sharma	Member
Dr.SimritKaur	Member
Smt. Deepa Jain Singh	Member Secretary

           

The Terms of Reference of the above High Level Committee (HLC) are as follows:-

i)                    The HLC will conduct an intensive literature survey to take stock of published data, reports, articles and research from about 1989 onwards, on the status of women in India.

ii)                  The HLC will prepare a Report on the current socio-economic, political and legal status of women in India. The Report will also bring out the interconnectedness of these aspects in terms of their impact on women and recommend measures for holistic empowerment of women.

 iii)                The HLC will examine the overall status of women including, inter-alia, the socio-economic, health and nutritional, legal and political status, disaggregated by rural/urban, economic and social position (e.g. APL/BPL, SC/ST, single women, disabled women, migrant women) and wherever possible by minority status (e.g. muslims/others). The analysis would take account of cross-regional differences and focus on inequalities both within and outside the household. It would also assess the impact made by existing policies and legislative changes on equality, security and holistic empowerment of women, and will identify inequalities in policy and legislation as well as gaps in implementation. 

iv)                The HLC will, inter-alia examine:

i.                    women’s access to and participation in formal and informal paid employment; emerging areas of participation, geographical pattern of their economic activity, unpaid work/ care economy, etc.

ii.                  their asset base and income levels, access to and control over property, land and other productive resources.

iii.                access to micro-finance, bank credit, training and skill upgradation, marketing etc. and constraints on increase in productivity.

iv.                societal attitude to women and changes therein- discrimination as reflected in declining sex ratio in different age groups, age at marriage, involvement in decision making; and changes in the extent and nature of violence and abuse of women, both within and outside the house; and other forms of discrimination on account of customary practices.

v.                  level of socio-economic development in terms of relevant indicators of health, nutrition and education.

vi.                impact of laws on women and gaps in respect of laws which are directly focused on women as well as those which affect women indirectly.  While doing so, the Committee would also look into women’s awareness of the laws, access to law, women’s inability to use laws effectively, sensitivity of law enforcement agencies as well as the judiciary, role of caste panchayats and other customary practices, condition of women in prisons and other custodial institutions.

vii.              change in women’s political status with respect to their participation in Panchayats, State Legislature and Parliament, the nature and extent  of participation, challenges and impact of change in women’s political status on their socio-economic empowerment.

viii.            assess the impact of major women centric programmes and schemes on improving the overall status of women including, inter-alia, socio-economic, health, and nutritional, legal and political.

ix.                any other issue that the Committee may think is of relevance, within the above framework, for determining the status of women.

x.                  the Committee would identify areas of intervention and recommend measures for affirmative action by the Government for the holistic empowerment of women.

 

This was stated by Smt. Krishna Tirath, Minister for Women and Child Development, in a written reply to the Rajya Sabha today. 

Source : PIB, August 30, 2012