Constitution of Labour Welfare Board

 

THE BUILDING AND OTHER CONSTRUCTIONS WORKER WELFARE BOARD

LEGISLATIONS :   The Central Government has enacted the legislations, namely-“the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996” and “the Building and Other Construction Workers’ Welfare Cess Act, 1996” with the object to regulate the employment and conditions of service and to provide safety, health and welfare measures for the building and other construction workers, which is most vulnerable segment of the second largest unorganized labour sector in India after agriculture.   APPROPRIATE GOVERNMENT :   “The Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996” is to be implemented by the Central Government where Central Government is ”Appropriate Government” and by State Government wherever State Government is the “Appropriate Government” as the case may be as defined under section 2(a) of the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996.   FRAMING OF RULES :   The Labour Department of the State Government has framed the Rules, namely “the Haryana Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Rules, 2005 under the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996.   AUTHORITIES UNDER THE ACT :   The State Government in Labour Department has appointed Chief Inspector of Factories as Chief Inspector of Inspection of Building and Construction under section 42(2) of the Act of 1996 vide its notification dated 5.6.2006. Chief Inspector of Factories, Additional Director, Industrial Safety and Health, all Joint Directors, Industrial Safety and Health, all Deputy Directors, Industrial Safety and Health, all Deputy Directors, Industrial Health, all Assistant Directors, Industrial Safety and Health, all Assistant Director, Industrial Safety and Health (Chemical) and all Assistant Directors, Industrial Health-cum-Certifying Surgeon, have been appointed as “Inspectors” under section 42(3) of the Act of 1996 vide State Government notification dated 2.8.2007. All the Senior Assistant Directors, Industrial Safety and  Health (now re-designated as Deputy Directors, Industrial Safety and Health), have been  appointed as “Registering Officers” under section 6 of the Act of 1996 vide State Government notification dated 5.6.2006.  Additional Labour Commissioner (Administration) and Additional Labour Commissioner, Gurgaon, have been appointed as “Appellate Officer” under section 9(1) of the Act of 1996 vide State Government notification dated 6.02.2009. All Assistant Directors, Industrial Safety and Health, have been appointed as “Cess Collectors” under rule 2(f) of the Building and Other Construction Workers Welfare Cess Rules,1996 vide State Government notification dated 29.6.2006. All Senior Assistant Directors, Industrial Safety and Health (now re-designated as Deputy Directors, Industrial Safety and Health), have been appointed as “Assessing Officers” under rule 2(g) of the Building and Other Construction Workers Welfare Cess Rules,1996 vide State Government notification dated 29.6.2006.                    Additional Labour Commissioner (Administration) and Additional Labour Commissioner, Gurgaon, have been appointed as “Appellate  Authority” under rule 2(h) of the Building and Other Construction Workers Welfare Cess Rules,1998 vide State Government notification  dated 6.2.2009.

STATE LEVEL MONITORING COMMITTEE ON CHILD LABOUR

Introduction The function of the Committee will be to review measurers for preventing Child Labour and to suggest measurers for the enforcement of the provisions of the Child Labour (Prohibition & Regulation) Act, 1986 and identification/rehabilitation of Child Labour in the State of Haryana. The term of the Committee will be for three years.  Constitution 1. Financial Commissioner and Principal Secretary to Government Haryana, Labour & Employment Department Chairman 2. Director,Social Justice and Empowerment, Haryana, Chandigarh Member 3. Director,Women and Child Development, Haryana, Chandigarh Member 4. Director,Rural Development  Haryana, Chandigarh Member 5. General, Health Services, Haryana, Chandigarh Member 6. State Project Director, Serv Siksha Abhiyan, Chandigarh Member 7. Director, Industrial Trainnig & Vocational Education,  Haryana, Chandigarh Member 8. Director, Development & Panchayts Member 9. Joint Secretary to Government Haryana, Home Department          Member 10. Addl. Deputy Commissioner, Gurgaon, Faridabad, Yamunanagar Panipat,        Member 11. Labour Commissioner, Haryana, Chandigarh        Member Secy. 12. Joint Labour Commissioner/Deputy Labour Commissioner Invitee Member 13. Representative of a Voluntary Organisation          Invitee Member 14. President of Brick Kiln Workers’ Union Or his Authorized representative Invitee Member 15. President, Haryana Dhaba/Hotel Workers’ Union, Sonepat Or his Authorized representative Invitee Member 16. President, Haryana Brick Kiln Association or his Authorized representative Invitee Member 17. President, INTUC/AITUC/BMS or his Authorized representative Invitee Member 18. Social  Activists Invitee Member Functions   Review measurers for preventing Child Labour.   Suggest measurers for the enforcement of the provisions of the Child Labour (Prohibition & Regulation) Act, 1986    Identification/rehabilitation of Child Labour in the State of Haryana.    Coordinate with State Education Department/SSA for facilitating enrolment of children passing out of the special schools/rehabilitation centers into the formal education system.   Review the working of NCLP projects/destitute and /Destitute & Migrant Child Labour rehabilitation centre and sending periodic  report (atleast half yearly) to the Labour Department, Haryana.

STATE LEVEL SCREENING COMMITTEE ON BONDED LABOUR

Introduction The Function of the Committee will be to review measurers for preventing bondage and to suggest measurers for the enforcement of the provisions of the Bonded Labour System (Abolition) Act, 1976 and identification / rehabilitation of bonded labour in the State of Haryana. The term of the Committee will be for three years. Constitution 1 Financial Commissioner and Principal Secretary to Government Haryana, Labour & Employment Department Chairman 2 Director, Social Justice and Empowerment, Haryana, Chandigarh Member 3 Director, Women and Child Development, Haryana, Chandigarh Member 4 Director, Rural Development  Haryana, Chandigarh Member 5 General, Health Services, Haryana, Chandigarh Member 6 State Project Director, Serv Siksha Abhiyan, Chandigarh Member 7 Director, Industries & Commerce Haryana, Chandigarh Member 8 Director, Agriculture, Haryana, Chandigarh Member 9 Registrar, Cooperative Societies, Haryana, Chandigarh Member 10 Joint Secretary to Government Haryana, Home Department Member 11 Joint Legal Remembrance, Law and Legislative Department Haryana ,Chandigarh Member 12 Labour Commissioner, Haryana, Chandigarh Member 13 Representative of Brick Kiln Association Invitee 14 Representative of Brick Kiln Workers Association Invitee 15 Representative of a Voluntary Organization Invitee Functions   Review of the bonded labour situation in the State.   Steps required to be taken to reduce indebtedness amongst workers employed in brick kilns and other unorganized sector employments.   Measures for improving literacy amongst the workers employed in the brick kiln and for arranging schooling for their children.   Education of workers employed in the brick kilns regarding their rights under various labour laws and especially the Bonded Labour (Abolition) Act, 1976.   The problem of child labour was also discussed with the permission of the chair.   Issues are prosecution of the accused in cases of suspected bonded labour.

THE HARYANA STATE BUILDING AND OTHER CONSTRUCTION WORKER'S ADVISORY COMMITTEE

Introduction   In exercise of powers conferred by Sub-section (1) read with Sub-section (2) of Section 4 of the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996 (Act 27 of 1996), the Governor of Haryana hereby constitutes the Haryana State Building and Other Construction Workers’ Advisory Committee, consisting of the following members, namely:-   1. Parliamentary Secretary, Labour and Employment, Haryana Chairperson 2. Shri K.L.Sharma, M.L.A., Near Civil Hospital, Shahabad (M), Kurukshetra. Member 3. Smt. Geeta Bhukal, M.L.A., New MLAs Flat No.206, Sector-3, Chandigarh Member 4. Chief Inspector of Inspection of Building and Other Constructions Member ex-officio 5. Regional, Labour Commissioner (Central), Head Quarters, Ministry of Labour, Sharam Shakti Bhawan, Rafi Marg, New Delhi (Nominee of Central Government) Member 6. Chief Engineer (Building and Road) Planning and Administration, Haryana, Chandigarh Member 7. Shri Gopal Ansal, M/s Ansal Group, Gurgaon Member 8. Shri Puneet, M/s Vipul Infrastructure and Developers Limited, Global Business Park, Fortune Hotel, Gurgaon Member 9. Shri Jagat Naagar, Advocate, 18, Harchand Bagh, Vasant Kunj Road, Andheri Mor, New Delhi-30 Member 10. Smt. Bimla Parmar, Kirti Nagar, Near Mohala Factory, Bhiwani Member 11. Shri Narendra Singh, Village Jatola, Post Office Saidpur, District Sonepat Member 12. Shri R.L.Malhotra, President, Indian Institute of Architect, Haryana Chapter, H.No. 1408, Sector-14, Faridabad Member 13. Shri T.C. Jain, Retired Superintending Engineer, House No. 284, Sector-7, Panchkula Member 14. Shri Harish Gupta, House No. 2638/2, Sector 47-C, Chandigarh Surveyor Oriental Insurance Company, SCO No. 109-10-11, Ist Floor, Sector-17-D, Chandigarh Member 15. Smt. Manorama Rana, Deputy Labour Commissioner-II, Gurgaon Member 16. Shri Hitender Rao, Special Correspondent, Hindustan Times Member     The Headquarter of the Advisory Committee shall be at Chandigarh but the Chairperson can hold meetings at any other place in the State of Haryana.   The term of the Advisory Committee shall be for five years.   The Labour Commissioner, Haryana being Member Secretary of the Advisory Committee shall be the Controlling Officer in respect of the Travelling Allowance Bills of the non-official members of the Advisory Committee.

HARYANA SAFETY COUNCIL

Safety and Health of workers in factories is regulated through the implementation of the Factories Act by the Factory Inspectorate. Although enforcement of legal provisions help in the implementation of safety and health standards in factories but this is not adequate. A comprehensive approach to accident prevention required a voluntary safety movement with full involvement of managements, trade unions, workers and the Government. Therefore, it was felt that a body should be framed which may bring the employers, workers, trade union leaders and Government Officials on a common platform so as to discuss various problems being faced by the industry relating to health and safety of the workers and also motivate, guide and advice the industry on all such related problems.   For this purpose an autonomous body under the name of “Haryana Safety Council” was set-up under the Societies Registration Act, XXI of 1860 bearing Registration No. 171 dated 18.01.1972. The registered office of the Council is at Faridabad. The Council is an independent, non-profit and non-political organization and governed by the rules and regulations given in the “Memorandum of the Association”. (make a link)   The aims and objects, for which the Council  a)      The Council shall be an independent, non-profit and non-political Organization. b)      To devise, organize, encourage and promote methods and procedures for ensuring safety and health of industrial workers and to conduct research for this purpose. c)       To organize, conduct training and instruction programs; and arrange lectures, conferences, seminars etc., to create safety consciousness amongst employers and workers. d)      To collect, publish, distribute and disseminate educational and informative data, reports and other similar materials including posters, periodicals etc. relating to safe practices and procedures. e)      To establish and maintain a library on industrial safety and allied subjects. f)       To participate in the industrial safety programmes within the country and abroad. g)      To co-operate, enlist and develop co-operation among all persons, organizations and agencies interested in the promotion of industrial safety. h)      To maintain a film library and arrange film shows on industrial safety, health and welfare of workers. i)       To secure from the Central and State Governments' recognition and financial assistance and for carrying out the aims and objects of the Council. j)       To collect  and recover subscription and other fees and charge for service rendered and borrow funds and accept any grant, individual donations and subscriptions whether in cash or securities or any property either movable or immovable for furtherance of the objects of the Council. k)      To propagate the aims and objects of the Council through advertisements in the press and through audio-visual and other means. l)       To purchase, take on lease or otherwise, acquire any land or building which may be necessary for the Council.  m)     To sell, lease, exchange and otherwise transfer all or any of the properties of the Council. n)      To assist in the formation of the local centres for the encouragement and use of protective and safety equipments. o)      To award commendation certificates, prizes, trophies, etc. to the participants in the various industrial safety programs. p)      To render advice, assistance and guidance on matters relating to industrial safety to members of the Council. q)      To conduct case studies of serious and fatal accidents and other serious occurrences and to suggest improvements in the Central and State laws to prevent accidents, minimize danger and mitigate their consequences. r)       To do all lawful acts as the Council may consider necessary, conducive or incidental to the attainment or enlargement of the aforesaid aims and objects. s)       To invest funds or money or security entrusted to the Council in such manner as may from time to time, be determined by it. t)       To draw, accept, make, endorse, discount and deposit Government and other promissory notes, bills of exchange, cheques or other negotiable instruments for carrying out the aims and objects of the Council. u)      To establish, subscribe, to become a member of, support, cooperate, or amalgamate with any other Association, Society, Institution or Company, whether incorporated or not, whose objects are altogether or in part similar to those of the Council, and to procure the recognition of the Council wherever considered necessary. v)      To enroll various categories of members from among Government, Companies, Associations, Institutions and Organizations, whether incorporated or not, and individuals and to afford them the benefit of publications, research and other activities of the Council. w)      To do all such other lawful things as are conducive or incidental to the attainment of the above objects.     The members of the Haryana Safety Council are Government Officials, industrial managements, trade unions and other individuals interested in the safety & health of the workers. The life membership fee ranging from Rs. 5000/- to Rs. 15000/- per annum has been prescribed depending upon the size of the factory. For employees association, trade unions and research institutions, the subscription is Rs. 2000/- for Life membership. At present, the membership of the Council is about 1500.           The Labour Minister is Chief patron and the Labour Secretary is the patron of the Council. The Labour Commissioner, Haryana and Chief Inspector of Factories is ex-officio President of the Council. The affairs of the Council are managed by the Executive Committee duly elected by the members, after every three year. The list of present Executive Members is enclosed. This Committee consists of representatives from the employers, trade unions and officers of the factory inspectorate i.e. Additional Chief Inspector of Factories, Joint Directors (IS&H), Deputy Directors (IS&H/IH), Assistant Directors(IS&H/IH) are ex-officio members of the Committee. The meetings of the Executive Committee are held at regular intervals, to solicit the views of employers and trade union leaders for the effective promotion of safety and health of workers in the factories.           The Council has conducted various seminars at major Industrial towns of the State. National Safety Day which falls on 4th March every year is regularly celebrated.            ‘Haryana Labour Journal’ and ‘Labour Law Today’ are being published by the Council in collaboration with the Labour Department to disseminate information about industrial safety and health and welfare of employers and workers. The Labour Commissioner, Haryana is ex-officio Chief Editor, Publisher and Printer of these magazines. The magazines are being published by generating on source of income and subscribing by the members. The present rate of magazines are Rs. 600 /- and Rs. 1000/- annually for ‘Haryana Labour Journal’ and ‘Labour Law Today’ respectively. In this regard separate bank accounts in VIJAYA Bank and HARCO Bank at Chandigarh and its registered office at Faridabad are being operated in the name of ‘President Haryana Safety Council’. However a decision about outsourcing these publications  to “Samvad Society” has been taken by the Executive Committee in its meeting held on 01.09.2009 at Faridabad.