Labour in West Bengal - Government Of West Bengal Labour

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Labour in West Bengal 2014-15

Annual Report

FOREWORD Under the inspired leadership and guidance of the Hon’ble Chief Minister of West Bengal,the Labour Department is functioning as a responsive wing of the State Government. Nearly seventy six lakh beneficiaries have been enrolled under the various social security schemes run by the Department. Rupees twelve thousand nine hundred eleven crore has been disbursed so far in various types of benefits to nearly thirteen lakh unorganished workers under the schemes. There has been a significant improvement in industrial relations during the period under review. The management and trade unions conducted business with a high level of maturity and dedication. Thus it has become possible to settle a large number of long outstanding issues through bipartite and tripartite negotiations. Industry wide settlements have taken place not only in the Sponge and Ferro Alloy industry, but also in the Tea and Jute industries, bringing relief and succour to a major section of the labour in West Bengal. Thirty new employments including the employments of ‘Factories’, ‘Bottling Plants’, ‘Establishments’ and ‘Shopping Malls’ have been brought into the schedule to the Minimum Wages Act, 1948, in respect of the State of West Bengal. This is a major step forward towards protecting the weaker section of the labour who has little or no bargaining power before the Big industry houses. Most of the unorganised workers are now covered under the Act, wherein 91 employments have been included so far in the Schedule. The inspecting officials of the Labour Commissionerate, the Factories and Boilers Directorates maintain a strict vigil on enforcement of statutory provisions guiding the working conditions and safety standards at industrial establishments and also on payment of statutory dues to workers. Thus the Government is ever vigilant on social security schemes as well as on maintaining statutory discipline. Let the workers be happy and the industries flourish.

(Moloy Ghatak) Minister in Charge, Labour Department. Government of West Bengal.

PREFACE It is a matter of great pleasure to bring out “Labour in West Bengal 2014-15”, the annual publication of the Labour Department, Government of West Bengal. The volume provides an overview of the functioning of the different directorates and welfare boards under the administrative control of the Department. The statistics incorporated in it throws light on the industrial relation situation prevailing in the state as well as developments under the social security schemes implemented through different directorates. The volume is a result of the collective and sincere efforts of the officers and staff of the Labour Department and its various Directorates. Special mention may be made of the Statistical Section of the Labour Commissionerate, which supervises publication of the book. Since possibilities of error cannot be ruled out in spite of our efforts, feedback and suggestions for improvement are welcome from the end users of the publication,i.e. the members of the trade unions, trade associations, the chambers of commerce, the private and public establishments, different government departments, the policy planners, administrators, people’s representatives as well as educational and research institutions.

[ Amal Roy Chowdhury ] Secretary Labour Department Government of West Bengal

INTRODUCTION

The Labour Department is one of the major departments of the government, mainly involved in maintaining industrial peace and harmony in the state. The department seeks to facilitate harmonious industrial relations with an aim at ensuring the workers’ basic rights at their workplace. There are a number of social security schemes and welfare fund boards for different sections of workers. The department is instrumental in conciliation and conflict resolution between the labour and the management. The Labour Department seeks to promote welfare of the working class by ensuring safety, security and improved conditions of work, enforcing various labour laws in respect of minimum wages, payment of wages , gratuity etc., facilitating collective bargaining within the framework of the Industrial Disputes Act, 1947, providing social security for the workers and their family members, legal remedies in exigencies like loss of job, strike, lockout, closure etc., special protection for specific class of workers like women, children, beedi workers, motor transport workers, construction workers, plantation workers etc. It also facilitates employment/placement of job seekers and undertakes skill development programmes for the job seekers. The diversified activities of the Labour Department,West Bengal are carried out by the different Directorates of the Department viz. (i) Labour Commissionerate (ii) Directorate of Employment (iii) Directorate of Factories (iv) Directorate of Boilers (v) Directorate of E.S.I. (MB Scheme) (vi) Directorate of Industrial Tribunals & Labour Courts. The Directorate of Shops & Establishments has been merged with the Labour Commissionerate by a notification, issued on 06.06.2013. Besides these, the West Bengal Labour Welfare Board, Commissioner under the Workmen’s Compensation Act,1923 and the State Labour Institute are also administered under the aegis of the Labour Department. The Labour Department is headed by Hon’ble Minister-in-Charge. The major branches and cells of the Labour Department are

x x x x x x x x x

I.R. Branch (Industrial Relation) G.E. Branch (General Establishment) L.W. Branch (Labour Welfare) S.S. Branch (Social Security) Employment Cell Minimum Wages Cell RTI Cell Grievance Cell Law Cell

There is a Website at URL (wb.gov.in/portal/wblabour)where all important information are available. Apart from statutory functions, the Department implements the following important Schemes/ Projects: Plan Scheme: Central Sector ƒ Rashtriya Swasthya Bima Yojana (RSBY) ƒ National Child Labour Project (NCLP) State Sector x x x x x x

State Assisted Scheme of Provident Fund for Unorganised Workers (SASPFUW) West Bengal Transport Workers’ Social Security Scheme (WBTWSSS) West Bengal Beedi Workers’ Welfare Scheme (WBBWWS) West Bengal Unorganised Sector Workers’ Health Security Scheme (WBUSWHSS) UdiyamanSwanirvhar Karmasangsthan Prakalpa (USKP) Skill Development of Registered Job-seekers (SDRJ)

Non Plan Scheme: x Financial Assistance to the Workers in Locked Out Industries (FAWLOI) x Social Security for Building Workers under Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 An overview of the Directorates/ bodies under the Labour Department is given below: Labour Commissionerate The Labour Commissionerate of the state maintains industrial relations, enforces various labour laws and also administers social security schemes for the workers. The Labour Commissionerate administers the following Acts: x The Industrial Disputes Act, 1947

x x x x x x x x x x x x x x x x

The Industrial Employment (Standing Orders) Act, 1946 The Minimum Wages Act, 1948, The Payment of Wages Act, 1936; The Contract Labour (Regulation & Abolition) Act, 1970 The Interstate Migrant Workmen’s (Regulation of Employment & Conditions of Service) Act, 1979 The Equal Remuneration Act, 1976 The Beedi & Cigar Workers (Conditions of Employment) Act, 1966 The Motor Transport Workers Act, 1961 The Plantations Labour Act, 1951 The Sales Promotion Employees (Conditions of Service) Act, 1976 The Working Journalists & Other News paper Employees (Conditions of Service & Miscellaneous Provisions) Act, 1955 The Payment of Gratuity Act, 1972 The Child Labour (Prohibition & Regulation) Act, 1986 The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 The Trade Unions Act, 1926 The Payment of Bonus Act, 1965

Apart from these Central Acts, the Commissionerate also administers the West Bengal Payment of Subsistence Allowance Act, 1969, West Bengal House Rent Allowance Act, 1974, West Bengal Unorganised Sector Workers’ Welfare Act, 2007. The Beedi Workers’ Welfare Scheme 2007 is also implemented by the Commissionerate. Besides, the West Bengal Unorganised Sector Workers Welfare Board administers the State Assisted Scheme of Provident Fund for Unorganised Workers (SASPFUW), the West Bengal Building & Other Construction Workers’ Welfare Board administers the welfare and social security schemes for construction workers and the West Bengal State Social Security Board administers the welfare scheme for transport workers. This Commissionerate also administers the West Bengal Shops & Establishments Act, 1963 which regulates the employment and working conditions of the employees working in shops and establishments all over West Bengal. Directorate of Employment There are 73 Employment Exchanges and 4 University Employment Information and Guidance Bureau under the Employment Directorate. It acts as a placement agency for the registered job-seekers as well as a facilitator in enhancing their employability under Skill Development Programme or for starting their own individual enterprises through self-employment skill schemes under Udiyaman Swanirvhar Karmasangsthan Prokalpa (USKP).

Directorate of Factories The Directorate of Factories primarily looks after the implementation of the Factories Act, 1948 for ensuring safety, health and welfare of the workers inside the factory premises. It strives to prevent occurrence of accidents and occupational health hazards. Directorate of Boilers The Directorate of Boilers is responsible for administration of the Indian Boiler Act, 1923 and its main functions include assuring the safety of human life and property by adopting sound manufacturing practice, safe operation and proper maintenance of the Boilers. Directorate of Industrial Tribunals & Labour Courts While the administration of various labour laws are carried out by the different directorates, considerable number of disputes arising out of the administration of the Industrial Disputes Act, 1947; the Industrial Employment (Standing Orders) Act, 1946 and the Working Journalists (Miscellaneous Provisions) Act, 1955 requires adjudication by Industrial Tribunals and Labour Courts. Commissioner under the Workmen’s Compensation Act, 1923 The Office of the Commissioner, Workmen’s Compensation is the statutory authority for implementation of the Workmen’s Compensation Act, 1923. The overall duty of the office is to realize compensation from the employers concerned and to disburse the same to the injured workmen or the dependants of the deceased workmen. Directorate of ESI (MB) Scheme The Employees State Insurance (Medical Benefit) Scheme is administered by this Directorate in collaboration with the Employees State Insurance Corporation. Under this scheme medical treatment, diagnostic facilities as well as cash benefits are provided to the insured workers. It is also responsible for administering the Rashtriya Swasthya Bima Yojana (RSBY). West Bengal Labour Welfare Board The Board was formed with the purpose of promoting welfare activities amongst the working class population. It administers the West Bengal Labour Welfare Fund Act, 1974. It has 51 Labour Welfare Centers in different Industrial Zones and Tea Gardens of the State. These Centers aim at developing the physical and mental capacities of the workers and their families. State Labour Institute The State Labour Institute conducts various training programmes, seminars, workshops for the government officers, trade union leaders etc. Besides, it conducts a one year Post Graduate Diploma Course in Human Resource Development & Labour Welfare as well as a six months Advanced Certificate Course in Construction Safety.

CONTENTS 1. Budget Statement 2. Labour Commissionerate (i) Note on Major Industries (ii) Industrial Relations (iii) Administration of Labour Laws (iv) FAWLOI (v) Social Security Schemes for Workers in the Unorganised Sector (vi) Activities of Different Welfare Boards for the Workers in the Unorganised Sector (vii) Child Labour (viii)Consumer Price Index Number 3. Directorate of Factories 4. Directorate of Boilers 5. Directorate of Employment 6. Employees’ State Insurance (MB) Scheme 7. Employees’ Compensation 8. Labour Court 9. West Bengal Labour Welfare Board 10. State Labour Institute

13 21 29 34 45 91 96 117 125 133 141 163 177 191 205 211 215 221

Appendix A. B. C. D. E. F.

Employees’ Provident Fund Workers Education in India E.S.I. Corporation Wages & Earnings of workmen in Major Industries Important Settlements Important Notifications

229 255 261 268 274 296

Budget Statement

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Budget Statement Hon’ble Mr. Speaker, Sir, On the recommendation of the Governor, I beg to move that a sum of Rs.696,09,78,000 (Rupees six hundred ninety six crore nine lakh seventy eight thousand) be granted for expenditure under Demand No.35, Major Head “2014Administration of Justice”, “2210-Medical and Public Health”, “2230-Labour and Employment”, “2235-Social Security and Welfare”, “2251 -Secretariat Social Services” and “4250-Capital Outlay on other Social Services”. This is inclusive of a sum of Rs.232,03,28,000/- (Rupees two hundred thirty two crore three lakh twenty eight thousand) already voted on account. I have the pleasure to draw the attention of the House to the fact that the focus of the Labour Department remains not only unchanged in comparison to the previous years but, under

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the present Government, we are also proactive and from the experiences imbibed so far we are fine tuning our endeavour towards betterment of the plight of the workers in general and unorganised workers in particular. “Save Industry and Save Workers” has been our motto to ensure the normal flow of industrial activities for not only enriching the economy but also for providing employment to the millions. During the present year, industrial relation scenario in the State has remained peaceful and conducive to industrial growth. Samajik Mukti Card and Social Security Social security is one of the pillars on which the structure of the Welfare State rests. Social security has been defined as a programme of protection provided by the society against the contingencies of modern life sickness, unemployment, old age dependency, accidents and incapacitation against which the individual can barely protect him or family by his meagre resources. With this aim in view, to cater to the needs of the Unorganised Sector Workers those who constitute 93% of total work force and contributes to both national as well as state economy, our Government is going all-out for comprehensive welfare under the able leadership of the Hon’ble Chief Minister.

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For beneficiaries of SASPFUW, a smart card viz. “Samajik Mukti Card” was inaugurated on 26th July, 2012 by the Hon’ble Chief Minister. This card gives them access to their individual accounts and ensures transparency and accountability. As of now, 29.85 lakh such cards have been issued out of which 21.6 lakh in the year 2014-2015. For the year 2015-2016 the target is to cover all beneficiaries under SASPFUW Scheme.

State Assisted Scheme of Provident Fund for Unorganised Workers (SASPFUW) In the financial year 2014-2015, 5.75 lakh beneficiaries have been enrolled under the SASPFUW Scheme and the total number has crossed the milestone of 50 lakh up to March, 2015 and the same is expected to rise to 56 lakh at the end of the financial 2015-2016. It is pertinent to mention that the assistance under the Health Security Scheme attached to SASPFUW Scheme is Rs. 10,000. Nominees of the registered beneficiaries are entitled to receive Rs.50,000 and Rs. 1,50,000 in case of normal death and accidental death as the case may be and Rs.38.20 lakh for 1060 health benefit, Rs. 17.61 crore for 3523 natural death and Rs.4.31 crore for 287 accidental death have been disbursed to various claimants upto March 2015. Besides, final payments of Rs. 19.72 crore on account of termination of SASPFUW accounts have been handed over to 17,170 persons during 2014-2015. The scheme that started from 2001 has gathered unprecedented momentum under the present Government. So I had proposed an allotment of Rs.213.23 crore in this sector. Construction Workers’ Welfare Scheme Building and Other Construction Workers’ Welfare Scheme also gathered momentum from the year 2012-2013. Up to March, 2015 the number of registered beneficiaries was nearly 23 lakh. We could bring 7.34 lakh new beneficiaries under the scheme during 20142015. Incidentally, it may be mentioned that the Scheme started from 2006. During the last two years (2013-2014 and 2014-2015) Rs.280.27 crore has been disbursed to 11.66 lakh beneficiaries. The record reveals that

Budget Statement

upto 31.03.2013 benefits worth Rs.48.5 crore have reached to 1.9 lakh beneficiaries. Hence, the figure has jumped 6(six) times in just two years. Transport Workers’ Social Security Scheme West Bengal Transport Workers’ Social Security Scheme was launched in August, 2010 to provide social security to workers engaged in motor vehicles used for commercial purpose. Benefits like pension, assistance on death, permanent disablement, maternity and medical are provided. 62 thousand beneficiaries have been registered during the last financial year, and 11,151 persons received benefits amounting to Rs.7.93 crore in the year 2014-2015. Cumulative figures upto 2015 show that among 2.51 lakh of registered beneficiaries, 26.5 thousand received benefits amounting to Rs. 17.56 crore. An improved, new scheme for transport workers including auto and taxi drivers has been launched by the Hon’ble Chief Minister at Nazrul Mancha on 12.02.2015. Beedi Workers’ Welfare Scheme For providing social security to the Beedi Workers of the state, Government of West Bengal has introduced Beedi Workers’ Welfare Scheme with the objective of providing grant for construction of house supplementary to Government of India Scheme, electrification and development of infrastructure for Co-operative housing of Beedi Workers from the state budget. Rs. 1.21 crore have been disbursed to 2423 Beedi Workers on account of housing subsidy and Rs.2.5 lakh to 100 beneficiaries for electrification of houses.

Social Security and Shramik Mela To reach out to more unorganised sector workers, 7 Shramik Mela were organised during 2013-2014. During the year 20142015; 21 Shramik Mela were organised in all 20 districts - 1 in each district and 2 in Burdwan district. This has resulted in significant increase of registration of beneficiaries under different social security schemes. Industrial Relations The industrial relation situation during the period under review was relatively peaceful barring a few incidents like a partial strike in Jute and Tea Industries. One of the notable and distinguishing aspects of the achievement of the Labour Directorate is the qualitative and quantitative change in dispute resolution process. Earlier trade unions preferred to settle the disputes at the bi-partite levels. Now there has been a paradigm shift in the approach and settlements are being made at the tri-partite level which has resulted in better wages, provisions for improved conditions of work and welfare benefits for the workers. Mandays lost due to strike came down to Nil in the year 2013-2014. The average of mandays lost due to strike in 2007, 2008, 2009 and 2010 (including the period upto March, 2011) was 76.4 lakh. The average of 201112, 2012-13, 2013-14 and 2014-15 is 1.7 lakh. In 2014-2015 man-days lost due to strike was 6.14 lakh. Jute Industry A group of 20 trade unions working in the field of Jute Industry raised fresh Charter of Demand as the last tri-partite agreement

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The management agrees to pay one time adhoc payment of Rs.26 per month to all categories of workmen including new entrants. The new entrants after execution of this agreement shall be paid Rs.257 only per day in lieu of Rs. 157 as the entry level minimum payment. This agreement will be applicable to all operating 84 Jute mills existing in West Bengal.

to the industrial workers thrown out of employment for more than one year in registered plantations and factories, the State Government introduced the “Scheme for Financial Assistance to the Workers in Locked-out Industrial Units (FAWLOI)” in the year 1998. Initially financial assistance was Rs. 500 per month. Now it is Rs. 1500 w.e.f. 1.4.2010. The beneficiaries were also paid one time Id/ Puja Ex-gratia @ Rs. 1500 per head. Upto March, 2015, Rs.34.43 crore has been spent for providing benefits to 17,308 workers in 196 units. Budli and Special Budli workers who have rendered continuous service, have also been brought under the coverage of FAWLOI with effect from 01.03.2013.

Tea Plantation

Minimum Wages

There are 283 registered tea gardens in the hills, Tarai and Dooars regions of North Bengal, employing about 3 lakh people. Obviously, tea-gardens provide a major economic activity in North Bengal.

The Government took a keen interest in the plight of the unorganized sector workers and have already revised minimum wages in 46 scheduled employments under the Minimum Wages Act, 1948.

The Government of West Bengal is initially setting up a fund of Rs. 100 crore for the welfare of the tea plantation employees. This fund will also be utilised for revival of closed /sick tea gardens.

While revising or fixing the rates of minimum wages the calorie quotient of fixing Minimum Wages was upgraded from 2200 K. Calories to 2700 K. Calories. It is also to be noted that the uniformity of wages in place of a variety of wages prevalent in the different scheduled employments has been achieved.

dated 12.02.2010 was expired after a period of three years from the date of settlement. On receipt of the Charter of Demands from the unions the matter was taken up for conciliation and after several meetings the matter was settled amicably on 02.04.2015. Salient points of the agreement :

The industry-wide tri-partite agreement on revision of wage of daily rated tea plantation workers was signed on 20.02.2015 raising their daily wage from Rs. 95.00 to Rs. 117.50 for the year 2014-2015 and to Rs. 10.00 each year during the subsequent two years. About 2,50,000 workers will get the benefit from this wage revision. Financial Assistance to Workers in Locked out Industries (FAWLOI)

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With a view to providing financial assistance

In addition to the earlier 61 employments, 30 new employments in the Minimum Wages schedule has been added by the Government vide Notification no.l2-MW dated 09.02.2015 published in the Kolkata Gazette Extraordinary dated 17.02.2015. Among 30 new employments mention must be made of Garments Manufacturing Industry, Biscuits Manufacturing Industry, Sponge Iron, Ferro Alloys, Induction Furnace,

Budget Statement

Bought Tea Leaf Factory, Private Hospitals and Research Centres. Enforcement of Labour Laws A sustained campaign in this field has brought about a qualitative change in enforcement matters. During the year 2014-2015 (upto February, 2015), a total number of 2349 prosecution cases have been lodged which reflects an exponential increase as compared to the average number of cases registered annually during 2006-2010, annual average being 266 only. Child Labour In order to prohibit working of children below 14 years from working in hazardous occupations and processes and also to regulate the working conditions in respect of hours of work, rest etc. in non-hazardous occupations, the Child Labour (Prohibition & Regulation) Act, 1986 came into force. Presently children are prohibited from working in 18 employments and 65 processes which are scheduled “hazardous”. Special Schools under NCLP: In West Bengal, all the 19 districts are covered under National Child Labour Project. Out of 985 sanctioned Special Schools, 943 are functioning with a total of 44,567 children. Residential Schools: For welfare of working children by providing food, shelter, clothing, medical care along with educational and vocational training, the State Government notified for converting one special school in each district into a Residential School from the State Budget. At present, Residential Schools are running in the districts of Uttar Dinajpur, Nadia, Burdwan, North 24 Parganas, South 24 Parganas, Bankura,

Paschim Midnapore. The rest NCLP districts of the State are in the process of opening of Residential Schools. During the year 20142015 the Government has spent Rs.36,00,000 towards running Residential Schools. Directorate of Boilers This Directorate enforces Indian Boiler Act, 1923 to ensure safety of human life and property through proper maintenance of boilers. During the current financial year 2004 boilers / economisers have been examined, 1648 boilers have been certified after manufacture, 114 boilers have been registered after completion of erection. On-line submission of application for licence, renewal of certificate of Boiler is under process. Payment of Fees for inspection of Boiler can now be deposited on-line through GRIPS portal of Finance Department. Welders’ Training Centre at Taratala has been renovated. It has started functioning with two new courses and 60 trainees. 33 trainees have successfully completed the ‘Advanced Boiler Quality High Pressure Welder’ training course, out of them, 28 have already got job from the campus interview arranged by the Welders’ Training Centre. Directorate of Factories It looks after the implementation of the Factories Act, 1948 for ensuring safety, health and welfare of the workers. The application for licence for setting up new factories has been streamlined. Online submission of application for Registration and grant of license for factories, approval of plans and renewal of license for factories has been introduced and functioned from 1st April,

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2014. Moreover, from September 2014, online submission of fees for grant and renewal of license through the GRIPS portal of Finance Department, Government of West Bengal has been introduced.

expenditure for running the ESI (MB) Scheme is to be shared between the ESI Corporation and the State Government in the ratio of 7:1 subject to overall ceiling of the expenditure of Rs.2,000 per Insured Person per annum.

During 2014, the number of inspection of factories recorded a rise to 630 against 590 in 2013. Number of fatal accidents in factories has recorded to 63 as against 96 in 2013.

An incentive grant of Rs.23.00 crore (approximate) has been received from the ESI Corporation, New Delhi for excellent performance of capacity utilisation, which is the first time that a State has received such a grant in the history of ESI.

Licence fees realised in the year 2014 has also showed an increase. About 4000 factory workers have been medically checked for work related diseases and other ailments in 2014. Employees’ State Insurance Employees’ State Insurance Scheme is a comprehensive social security measure under the Employees’ State Insurance Act, 1948. The Scheme is administered by the Employees’ State Insurance Corporation and the State Government. The number of Insured Persons in West Bengal has increased to 11.17 lakh and total numbers of beneficiaries has risen to approximately 44 lakh. The state is running 13 ESI Hospitals, 42 Service Dispensaries, 17 tie-up dispensaries to provide medical care to the insured persons and their family members. Also 6 Ayurvedic and 6 Homoeopathic Dispensaries has been set up in 6 of the ESI Hospitals, 2 GNM Nurses Training School are running at Maniktala and Sealdah. ESI Institute of Pain Management has been started for both therapeutic and research activities on different aspects of ’Pain’ amongst insured persons.

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As per agreement between the ESI Corporation and the State Government, the

West Bengal Labour Welfare Board West Bengal Labour Welfare Board is engaged in activities like cultural functions, sports and games, celebration of May day, providing Scholarships and stipends, arranging skill based training, distribution of test papers, running of Holiday Homes and Rest Houses and Financial Assistance to the Workers for Critical Diseases. During the year 2014-2015, Rs.27,04,500 were distributed amongst 1056 students as scholarship and stipend. Also 13,004 persons have availed the facility of Holiday Home and that has generated a revenue of Rs. 12,06,940. Industrial Tribunals, Labour courts and Commissioner under Workmen’s Compensation Act, 1923 These are the adjudicating wings of the Labour Department which adjudicates cases arising out of Industrial Disputes Act, 1947 and other labour enactments. It is the statutory authority for implementation of the Workmen’s Compensation Act, 1923. 264 cases were registered during this financial year and 302 cases under ID Act have been disposed of by the Directorate of

Budget Statement

Industrial Tribunals during the current year up to January, 2015. State Labour Institute The State Labour Institute, Govt, of West Bengal, functions as a training and orientation centre, offering specialized training in the field of HR Development & Labour Welfare. Two regular courses run by the State Labour Institute are( a ) Post Graduate Diploma in HRD & LW - One Year full time day course, & ( b ) Certificate Course in Construction Safety - Six months’ Course. The State Labour Institute has a comprehensively planned Calendar of Training, Workshops and Seminars labour related issues. Trainings are conducted for the Officers of the Labour Department on relevant matters. Special Training Programmes in collaboration with ILO & V V Giri National Labour Institute are also conducted in this Institute on a variety of topics for the officers, N.G.Os, Trade Unions etc. Besides imparting training, the State Labour Institute, Kolkata has started a quarterly journal entitled ‘Shramik Barta’ from August, 2013. This journal will keep general workers informed about latest development in the industrial scenario, time to time improvement on social security benefits for the workers in the unorganised sector and also make general workers aware about their legal rights. Employment Directorate Following a series of decisions by the judiciary, the scopes of employment through

Employment Exchanges have been reduced to almost a nullity. The Hon’ble Chief Minister had, on 26th July, 2012 launched a unique project called ‘Employment Bank’. This is a state owned job-portal where the job-seekers, employers and placement agencies etc. are able to match their demand and supply on-line. Number of registered and validated job-seekers under Employment Bank is 18,27,590 as on 31st March, 2015. Now, to provide a legal sanctity to the Employment Bank, the State Government is amending ‘The West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public undertakings, Statutory Bodies, Government Companies and Local Authorities Act, 1999’. The Labour Department has launched a new scheme titled “Yuvasree” with effect from 1st October, 2013. The objective of this scheme is to pay Rs. 1,500 per month to the jobseekers enrolled in ‘Employment Bank’ as unemployment assistance. As on to-day 99,426 such job-seekers are getting unemployment assistance under ‘Yuvasree’ @ Rs. 1,500 per month. For this purpose, an amount of Rs.139 crore has been provided during 2014-2015. Since the inception of Skill Development Scheme for the Registered Job-Seekers in the year 2007, the scope of the Scheme has been extended enormously in the activities like, Skill Training, Mock Test, Special Coaching, Career Corner and training for domestic Workers. During the year 2014-2015, against a target of 10,000, about 16,000 job-seekers have been admitted for Skill Training and Prashikshan Shibir for domestic workers. A new Scheme “GATIDHARA” has been

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launched by the State Government on 18.08.2014 to generate self-employment through promotion of transport service. Under this Scheme, the Government subsidizes a component of vehicular loan taken by an unemployed youth @ 30% of the project cost (Maximum Rs.l lakh) against a project cost of maximum Rs.10 lakh. Rs. 100 crore has been provided by the Government for this purpose. So far, more than 2500 cases have been sponsored to different Banks for sanction and disbursement of fund to enable the applicants to earn their livelihood through ‘Gatidhara’ scheme. Construction of Regional Offices Construction of Regional Offices at Siliguri and at Asansol is going on involving a project cost of Rs. 7.32 crore and Rs. 8.30 crore respectively. To continue the running works and for some new projects a sum of Rs.12 crore has been proposed for 2015-2016. Conclusion

The Government is trying to simplify the procedures and make the delivery system easily accessible to the beneficiaries through e-governance and strengthening of infrastructure. The Labour Department is in the process of rationalisation and simplification of labour laws. With this few words, I would request the House to kindly accept the Motion.

Shri Moloy Ghatak Minister-in-charge Labour Department

Sir, in the foregoing text I have attempted to

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present an exclusive picture of the activities of the Labour Department spread throughout the State through its various Directorates, Boards and Wings. Still it is not possible to give the entire picture, the Labour Department is aiming at ensuring meaningful labour laws enforcement and amicable productive industrial relations.

Government of West Bengal

Statement of Labour Budget, 2015-16, Demand No. 35

Labour Commissionerate

2

T

Labour Commissionerate

he Labour Commissionerate facilitates not only conflict resolution between the management and the trade unions in the organised industrial sectors but also serves the greater purpose of enhancing the welfare of the large and heterogenous sections of the unorganised working classes through the just enforcement of labour laws as well as through the proper implementation of the various social security schemes. The Statistics Section of the Labour Commissionerate, apart from preparing different reports and returns regarding the industrial relation situation in the State, compiles the State Series Index Number. It also fixes the minimum wages for the different scheduled employments in the State and periodically revises them on the basis of the various Consumer Price Index Number compiled by the Labour Bureau, Government of India as well as the State Series Index Number. The manifold activities of this Commissionerate are carried out through its head quarters in Kolkata, 68 regional offices and 480 Labour Welfare Facilitation Centres (LWFC) throughout West Bengal.

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As per notification no. 11-G.E./G/1 ‘O’-25/13 dated 24.01.2014 of Labour Department name of the office of the Labour Commissioner has been changed to Labour Commissionerate instead of directorate of labour. The broad organisational structure of the Labour Commissionerate is as follows : Labour Commissioner p

Additional Labour Commissioners p

Joint Labour Commissioners p

Deputy Labour Commissioners p

Assistant Labour Commissioners p

Inspectors

The Labour Commissionerate personnel are manning the following Boards for implementing various social security schemes for the workers of the organised and the unorganised sectors.

West Bengal Unorganised Sector Workers’ Welfare Board At present the Board is implementing the State Assisted Scheme of Provident Fund for Unorganised Workers (SASPFUW) throughout West Bengal through the Regional Labour Offices under the Labour Commissionerate. This is an ambitious programme which aims at providing social security in the form of Provident Fund to the workers of the Unorganised Sector.

West Bengal Building & Other Construction Workers’ Welfare Board

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The Gorvernment has established the West Bengal Building and Other Construction

Workers’ Welfare Board as per the Building & Other Construction Workers’ (Regulation of Employment & Conditions of Service) Act, 1996 for looking after all matters connected with the administration of the West Bengal Building & Other Construction Workers’ Welfare Fund. In recent years, the scale and quantum of benefit to be administered by the Board has been extended to a large extent.

West Bengal State Social Security Board This Board is to look after the implementation of the West Bengal Motor Transport Workers’ Social Security Scheme, 2010 which has provided for pension and various other assistances on death or permanent disablement, children’s education or marriage of daughters and various benefits like medical benefit and maternity benefit to the transport workers. Apart from these the State Government introduced a Scheme viz. “Scheme for Financial Assistance to the Workers in Locked-out Industrial Units (FAWLOI)” in the year 1998 with a view to providing financial assistance to the industrial workers who are thrown out of employment due to prolonged lock-out/Suspension of work/Closure in industrial units in the state which are under lock-out/Suspension of work/Closure for more than one year. The Scheme was extended from time to time. The last such extension has been made upto March,2013 for 2012-2013 and at present the amount of financial assistance is Rs. 1500/- per month per worker and an annual Id/Puja Ex-gratia @Rs. 1500/per worker. The Beedi Workers’ Welfare Scheme introduced in 2007, with a view to improving the conditions of the beedi workers in the State, is also administered by this Commissionerate. It includes electrification, housing subsidy and infrastructure development of the Beedi workers.

Labour Commissionerate

OFFICES OF LABOUR COMMISSIONERATE 1.

2.

3.

4.

DISTRICT : COOCH BEHAR Office of the Assistant Labour Commissioner Cooch Behar Dilkhush Bhawan, 1st Floor, Temple Street, Near Sahitya Sabha, Dist : Cooch Behar PIN : 736101 Tel : 03582-222738 e-mail : [email protected] Office of the Assistant Labour Commissioner Dinhata Telephone Exchange Road, (Near By-pass More), Ward No. 4, Dinhata Municipality, P.O. - Dinhata, Dist. : Cooch Behar E-mail : [email protected] Office of the Assistant Labour Commissioner Toofanganj Municipal Building Market, P.O. : Toofanganj, Dist. : Cooch Behar PIN : 736101 e-mail : [email protected] Office of the Assistant Labour Commissioner Mekhliganj Paschimpara, Ward No. 7, P.O. - Mekhliganj, Dist.- Cooch Behar PIN : 735304 e-mail : [email protected]

DISTRICT : D ARJEELING DARJEELING 1. Office of the Assistant Labour Commissioner Darjeeling PHON-TSOG-KHANGSAR, 11 & 12 Lebong Cart Road, PIN : 734101 P.O. + Dist.-Darjeeling Tel : 0354-2252307 e-mail : [email protected] 2. Office of the Assistant Labour Commissioner Kalimpong Dr. B.L.Dixit Road., Kalimpong, Dist. Darleeling, PIN : 734301 Tel : 0355-225059 e-mail : [email protected]

3. Office of the Assistant Labour Commissioner Kurseong 41/1, J.M.G. Road, P.O. - Kurseong, Dist.-Darjeeling. Tel : 0354-2344055 e-mail : [email protected] 4. Office of the Joint Labour Commissioner Siliguri 3 C.V. Raman Sarani, Collegepara P.O. - Siliguri, Dist.-Darjeeling, PIN : 734001 Tel : 0353-2435409 e-mail : [email protected] 5. State Labour Institute Siliguri Dagapur Complex, P.O. Pradhan Nagar, Siliguri Dist. - Darjeeling Tel : 0353-2514161 1.

2.

3.

4.

DISTRICT : J ALP AIGURI JALP ALPAIGURI Office of the Deputy Labour Commissioner Jalpaiguri Kanthalguri Building, Kadamtala P.O. + Dist.-Jalpaiguri PIN: 735101 Tel : 03561-225416, 03561-230112 e-mail : [email protected] Office of the Assistant Labour Commissioner Malbazar P.O. - Malbazar, Dist-Jalpaiguri. Tel : 03562-257141 e-mail : [email protected] Office of the Assistant Labour Commissioner Birpara P.O. - Birpara, Dist-Jalpaiguri Tel : 03563-266095 e-mail : [email protected] Office of the Assistant Labour Commissioner Alipurduar College Halt (2nd Floor) Alipurduar, Dist.- Jalpaiguri Tel : 03564-255115 e-mail : [email protected]

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DISTRICT : UTT AR DIN AJPUR UTTAR DINAJPUR 1. Office of the Assistant Labour Commissioner Raigunj Administrative Building, (Top Floor) P.O. -Karnajora, Dist.-Uttar Dinajpur Tel : 03523-252284 e-mail : [email protected] 2. Office of the Assistant Labour Commissioner Islampur P.W.D. Qr. No. J-24, New Town P.O.- Islampur, Dist. : Uttar Dinajpur Tel : 03526-256150 email : [email protected] DISTRICT : D AKSHIN DIN AJPUR DAKSHIN DINAJPUR 1. Office of the Assistant Labour Commissioner Balurghat Chakbhabani, Ward No. 12, P.O.- Balurghat, Dist.-Dakshin Dinajpur Tel : 03522-255368 email : [email protected] 2. Office of the Assistant Labour Commissioner Gangarampur Berail, P.O.- Buniadpur, Dist.-Dakshin Dinajpur Tel : 03524-259046 email : [email protected] DISTRICT : MALD A MALDA 1. Office of the Assistant Labour Commissioner Malda Commercial Estate, Southern E/2 Block, (1st floor), Englishbazar, P.O. + Dist.- Malda, PIN : 732101 Tel : 03512-220400 email : [email protected] 2. Office of the Assistant Labour Commissioner Chanchal Collegepara, P.O.- Chanchal, Dist.- Malda, PIN : 732101 Tel : 03513-252072 email : [email protected]

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DISTRICT : MURSHID AB AD MURSHIDAB ABAD 1. Office of the Deputy Labour Commissioner Beharampore 19, A.B. Barrack Sqaure, P.O.- Berharampore, Dist.- Murshidabad, PIN : 742101

2.

3.

4.

5.

Tel : 03482-252905 email : [email protected] Office of the Assistant Labour Commissioner Lalbagh 178, Sahanagar Road, Lalbagh, P.O. + Dist.- Murshidabad Tel : 03482-271148 email : [email protected] Office of the Assistant Labour Commissioner Domkal P.O.- Domkal, Dist.- Murshidabad, PIN : 742306 Tel : 03481-230095 email : [email protected] Office of the Assistant Labour Commissioner Kandi Dak Bunglow Road, P.O.- Kandi, Dist.- Murshidabad Tel : 03484-256355 email : [email protected] Office of the Assistant Labour Commissioner Jangipur P.O.- Raghunathganj, Dist.-Murshidabad Tel : 03483-266245 email : [email protected]

DISTRICT : NADIA 1. Office of the Deputy Labour Commissioner Kalyani District Centre Building, P.O.- Kalyani, Dist.- Nadia, PIN : 741235 Tel : 25828368 email : [email protected] 2. Office of the Assistant Labour Commissioner Krishnanagar WBSRDA Building, Nadia Zilla Parisad Bhawan, P.O.- Krishnanagar, Dist.- Nadia Tel : 03472-252466 email : [email protected] 3. Office of the Assistant Labour Commissioner Ranaghat Ranaghat Municipal Building P.O.- Ranaghat, Dist.- Nadia Tel : 03473-215033 email : [email protected] 4. Office of the Assistant Labour Commissioner Tehatta Old S.D.O. Building

Labour Commissionerate

P.O.- Tehatta, Dist.- Nadia Tel : 03471-249061 email : [email protected] DISTRICT : BIRBHUM 1. Office of the Assistant Labour Commissioner Suri Suri Municipal Town, Sanatanpara, P.O.- Suri, Dist.- Birbhum, PIN : 731101, Tel : 03462-255707 email : [email protected] 2. Office of the Assistant Labour Commissioner Bolpur Darjipara, P.O.- Bolpur, Dist.- Birbhum Tel : 03463-252884 email : [email protected] 3. Office of the Assistant Labour Commissioner Rampurhat Reshamsilpi Tantubay Samaby Ltd., National Highway, Brahamanigram, P.O.- Rampurhat, Dist : Birbhum Tel : 03461-256578 email : [email protected]

5.

6.

1.

DISTRICT : BURDWAN 1. Office of the Deputy Labour Commissioner Durgapur Commercial Building, (1st Floor), City Centre, Durgapur-713316, Dist : Burdwan Tel : 0343-2546226, 0343-2546930 email : [email protected] 2. Office of the Deputy Labour Commissioner Asansol Mahaprabhu Bhawan, Burnpur Road, Cheliadanga, P.O.- Asansol, Dist.-Burdwan, PIN : 713304 Tel: 0341-2251340, 0341-2256056 email : [email protected] 3. Office of the Assistant Labour Commissioner Burdwan Sardar (North) Purta Bhawan, South Block, (4th floor), P.O.- + Dist.- Burdwan Tel : 0342-2647142 email : [email protected] 4. Office of the Assistant Labour Commissioner Burdwan Sardar (South) 147, Chandmari Main Road,

2.

3.

Bai Knchi Pukur Uttar, P.O.- & Dist.- Burdwan PIN : 713101 Tel : 0342-2665122 email : [email protected] Office of the Assistant Labour Commissioner Kalna S.T.T.K. Road, Baidyapur More, (Near New Bus Stand), P.O.-Kalna, Dist. : Burdwan Tel : 03454-255206 email : [email protected] Office of the Assistant Labour Commissioner Katwa Katwa Regulated Market Committee, P.O.-Khajurdihi, P.S.- Katwa, Dist.-Burdwan Tel : 0354-255206 email : [email protected] DISTRICT : BANKURA Office of the Assistant Labour Commissioner Bankura Kamrar math, Holding No. 238/19, Ward No. 5, P.O.- + Dist.- Bankura Tel : 03242-254893 email : [email protected] Office of the Assistant Labour Commissioner Bishnupur Bailapara, P.O.- Bishnupur Dist.-Bankura, PIN : 722122 Tel : 03244-252231 email : [email protected] Office of the Assistant Labour Commissioner Khatra Rabindra Sarani, P.O.- Khatra, Dist.- Bankura Tel : 03243-256001 email : [email protected]

DISTRICT : PURULIA 1. Office of the Assistant Labour Commissioner Purulia Sadar (East) Purulia Sadar, Amlapara, P.O. + Dist.- Purulia Tel : 03252-222980 email : [email protected] 2. Office of the Assistant Labour Commissioner Purulia Sadar (West) Deshbandhu Road,

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P.O. + Dist.- Purulia Tel : 03252-224532 email : [email protected] 3. Office of the Assistant Labour Commissioner Raghunathpur B.P. Road, Adra More, New Bus Stand, P.O.- Raghunathpur, Dist.- Purulia Tel : 03251-255257 email : [email protected] DISTRICT : P ASCHIM MEDINIPUR PASCHIM 1. Office of the Deputy Labour Commissioner Kharagpur Holding No. 217/2-A, Pirbaba, P.O.- Inda, Kharagpur, Dist.- Paschim Medinipur Phone No. : 03222-225273 email : [email protected] 2. Office of the Assistant Labour Commissioner Medinipur Sadar Zila Parisad Bhaban, P.O.- Medinipur Sadar, Dist.- Paschim Medinipur Tel : 03222-276876 email : [email protected] 3. Office of the Assistant Labour Commissioner Ghatal P.O.- Ghatal, Dist.- Paschim Medinipur Phone No. : 03225-256349 email : [email protected] 4. Office of the Assistant Labour Commissioner Jhargram Sashikala Bhawan, Goradhara, P.O.-Jhargram, Dist.- Paschim Medinipur Tel : 03221-258791 email : [email protected] DISTRICT : PURBA MEDINIPUR 1. Office of the Deputy Labour Commissioner Haldia Basudebpur, P.O.-Khanjachak, Dist.- Purba Medinipur Tel : 03224-274224 email : [email protected]

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2. Office of the Assistant Labour Commissioner Tamluk 4/2/6, Abasbari, P.O.- Tamluk, Dist.- Purba Medinipur

Phone No. : 03228-270391 email : [email protected] 3. Office of the Assistant Labour Commissioner Contai Monoharchak, P.O.-Contai, Dist.- Purba Medinipur Tel : 03220-255220 email : [email protected] DISTRICT : HOOGHL Y HOOGHLY 1. Office of the Deputy Labour Commissioner Chandannagar Palika Bazar, 2nd floor, P.O.-Chandannagar, Dist.-Hooghly Tel : 2683-5356 email : [email protected] 2. Office of the Deputy Labour Commissioner Serampore 11/C-Raja K.L. Goswami St. 2nd floor, P.O.- Serampore, Dist.- Hooghly PIN : 712202 Tel : 2662-1602 email : [email protected] 3. Office of the Assistant Labour Commissioner Chinsurah Chinsurah Municipal Building Premises, Pipulpati, P.O.- Chinsurah, Dist.- Hooghly, PIN : 712103 Tel : 033-2680-0168 email : [email protected] 4. Office of the Assistant Labour Commissioner Arambag Link Road, Gourhati more. P.O.-Arambag, Dist.- Hooghly 03211-254273 PIN : 712601 email : [email protected] DISTRICT : HOWRAH 1. Office of the Deputy Labour Commissioner Howrah Sushama Mansion, 43, Netaji Subhas Road, P.O. + Dist.- Howrah Tel : 033-2637-5136 email : [email protected] 2. Office of the Assistant Labour Commissioner Uluberia Bazarpara, Kumar Kumari Bhavan,

Labour Commissionerate

1.

2.

3.

4.

5.

Uluberia, Dist.- Howrah. Tel : 033-2661-0424 email : [email protected] DISTRICT : NOR TH 24 P AR GAN AS NORTH PAR ARGAN GANAS Office of the Deputy Labour Commissioner Barrackpore 183, Old Calcutta Road, 3rd floor, P.O.-Talpukur, Barrackpore, Dist.- North 24 Pgs, PIN : 700123 Tel : 033-2592-0124 email : [email protected] Office of the Assistant Labour Commissioner Barasat 34, K.N.C Road (Station Road), P.O.- Barsat, Dist.- North 24 Pgs. PIN : 700124 Tel : 033-2552-3628 email : [email protected] Office of the Assistant Labour Commissioner Basirhat Mayla Khola, Taki Road Basirhat Railway, Station More, Dist- North 24 Pgs. PIN :743225 Tel : 03217-266459 email : [email protected] Office of the Assistant Labour Commissioner Bongaon Bongaon Station Road, P.O.- Bongaon, Dist- North 24 Pgs, PIN :743225 Tel : 03215-255723 email : [email protected] Office of the Assistant Labour Commissioner Bidhannagar Sramik Bhaban, Ground Floor P-3, CIT Scheme-VII M, Kankurgachi, Kolkata-54, email : [email protected]

DISTRICT : SOUTH 24 P AR GAN AS PAR ARGAN GANAS 1. Office of the Assistant Labour Commissioner Alipore 6, Church Lane, 4th Floor, Kol-1. Tel : 033-2231-7590 email : [email protected] 2. Office of the Assistant Labour Commissioner Baruipur Nandarani Complex, Holding No. 474 Kulpi Road, Ward No. 5,

3.

4.

5.

6.

Bhattacharjee para, P.O. + P.S.- Baruipur, Dist- South 24 Pgs. PIN : 700144 Tel : 033-2433-0004 email : [email protected] Office of the Assistant Labour Commissioner Canning No.1, Dighirpar Girl’s High School Para Road, Ward No. 5, Bhattacharjee Para, P.O. + P.S.- Baruipur, Dist- South 24 Pgs. Tel : 03218-255011 email : [email protected] Office of the Assistant Labour Commissioner Kakdwip Near SDPO office, Subhasnagar P.O.-Kakdwip, Dist- South 24 Pgs. PIN : 743347 Tel : 03210-255129 email : [email protected] Office of the Assistant Labour Commissioner Diamond Harbour “Gurudham”, Puratan Bazar, P.O.- Diamond Harbour, Dist- South 24 Pgs., PIN : 743339 Tel : 03174-255144 email : [email protected] Office of the Assistant Labour Commissioner Falta Special Economic Zone, P.O.-Ramnagar, Falta, Dist.- South 24 Pgs. , PIN : 743504, Phone No. : 03174-222429 email : [email protected]

KOLKA TA OLKAT 1. Office of the Labour Commissioner 1, K.S. Roy Road, New Secretariat Buildings, 11th Floor, Kolkata - 700001. Tel : 033-2248-8150 email : [email protected] 2. Office of the Labour Commissioner 6, Church Lane,3rd & 4th Floor, Kolkata - 700 001. Tel : 033-2248 0092 / 2248 5721 email : [email protected] 3. SLI, Kolkata Manicktala Main Road, Kankurgachi, Kolkata - 700054 Tel : 033-2320-8854/1966 email : [email protected]

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OFFICES OF THE LABOUR COMMISSIONERATE 1. 2. 3. 4. 5. 6. 7. O8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. O27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37.

Kolkata Bidhannagar Barasat Barrackpore Bangaon Basirhat Alipur (Kolkata) Alipur Sadar Falta Diamond Harbour Baruipur Canning Kakdwip Howrah Uluberia Sreerampur Chandannagar Chinsura Arambag Kharagpur Midnapur Jhargram Ghatal Contai Tamluk Haldia Egra Kalyani Ranaghat Krishnanagar Tehatta Baharampur Kandi Lalbag Jangipur Domkal Bardhaman

OFuctioning of these offices will start soon

OFFICE OF THE LABOUR COMMISSIONER OFFICE OF THE JOINT LABOUR COMMISSIONER

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38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70.

Durgapur Asansol Kalna Bardhaman Sadar Katwa Bankura Bishnupur Khatra Purulia Purulia Sadar West Raghunathpur Suri Rampurhat Bolpur Malda Chanchol Balurghat Gangarampur Raigunj Islampur Jalpaiguri Alipurduar Birpara Malbazar Cooch Behar Dinhata Tufanganj Mathabhanga Mekhiligunj Siliguri Darjeeling Kurseong Kalimpong

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OFFICE OF THE DEPUTY LABOUR COMMISSIONER OFFICE OF THE ASSTT. LABOUR COMMISSIONER

Notable Innovations

(i) Note on Major Industries Jute Industry The Jute Industry occupies an important place in the national economy of India. It is one of the major industry in the eastern region, particularly in West Bengal. Jute, the golden fiber meets all the standards for the ‘safe7 packaging in view of being a natural, renewable, biodegradable and eco-friendly product. Out of 66 composite Jute mills in India, 59 mills are located in West Bengal.

Roughly 100 lakh bales raw jute is produced in India, out of which almost 75% is produced in West Bengal alone. Of the 14 lakh MT of jute goods produced in India, almost 12.5 lakh MT is manufactured in West Bengal. It is estimated that this industry provides employment of 2.5 lakh workers with a few thousand more in supporting services. In addition there are a large number of persons engaged in the trade of jute.

Raw Jute Production Trend (In Lakh Bales)

State-wise Raw Jute Production (2012-13) 5% 7% West Bengal

15%

Bihar Assam 73%

Others

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The jute materials are mainly utilized in the form of jute bags for packaging food grains, sugar, potato etc. The packaging of food grains in jute bag is mandated as per Jute Packaging Materials (Compulsory Use in the Packaging Commodities) Act, 1987. The Act empowers the Central Government to constitute Standing Advisory Committee consisting of such persons having necessary expertise to give advice in the matter of determining the commodity or class of commodities or percentages thereof in respect of which jute packaging material shall be used in their packing. As per the order from the Ministry of Textile, Government of India, up to a maximum of 90% production of food grains and 20% production of sugar are required to be packed in the jute bags. Since the Jute Industry is heavily dependent on Government orders, any uncertainty or delay in getting order from the Government badly affects the jute industry which in turn hurts the livelihood of lakhs of jute mill workers. Besides t h e g u a r a n t e e d procurement under the JPM Act, initiatives toward diversification, R&D project in the Jute Sector through continuing innovations and market oriented research, development and application of potentially important Jute Geo-Textile etc. are to be taken up. Achievements :-

30

On the expiry of the Industrywide Tripartite Agreement on jute executed on 12.02.2010, a long series of 36 meetings took place and thereafter a fresh Agreement on jute was arrived at between the Jute Millers and Trade Unions on 02.04.2015 in presence of the

Hon’ble Minister-in-Charge, Labour, Government of West Bengal. As per the Agreement, the new entrants shall be paid Rs. 257/- per day in lieu of Rs. 157/- as the entry level minimum payment and the existing workers including the new entrants shall get onetime ad-hoc payment of Rs. 26/ -per month (for 208 hours) and it shall be added with the Basic Wages. Besides, the Representatives from the Government of West Bengal attended the 23rd meeting of the Standing Advisory Committee on the packaging of jute held under the Chairmanship of Secretary, Textiles, Government of India on 09.06.2015 at New Delhi. In that meeting, the reservation of packaging under the Jute Packaging Materials (Compulsory Use in the Packaging Commodities) Act, 1987 was sustained to 90% for food grains and 20% for sugar like the previous year. Furthermore, a Group of Ministers (GoM) headed by Hon’ble Finance Minister, West Bengal and having the Hon’ble Minister-inCharge, Higher Education and School Education Department, the Hon’ble Ministerin-Charge, Panchayats & Rural Development, the Hon’ble Minister-in-Charge, Agriculture Department and the Hon’ble Minister-inCharge, Labour Department, as members was constituted as per Government Order No. 63(5)-Cab.Sectt./GoM-03/13 dated 12.11.2014 to look into the matters connected to the jute industry. Henceforth, six meetings of GoM on jute were held under the Chairmanship of Hon’ble Finance Minister, West Bengal to discuss various issues related to the jute industry in West Bengal. Last but not the least, in case any industrial dispute in relation to the Jute Industry is raised, Labour Department Officials take up the matter for conciliation in no time with a view to solve the issue.

Notable Innovations

List of Jute mills in West Bengal SI. No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46.

Name of Jute Mill Agarpara Alliance Anglo India Auckland Eastern Manufacturing Co. Empire Sri Gouri Shankar Jagatdal Kamarhati Kankinara Kelvin Loomtex Meghna Nafarchand Prabartak Reliance Waverley Gouripur India Jute Mill Hastings Jute Mill Wellington Jute Mill Angus Jute Mill R.D.B. Textile Ltd., (Victoria Jute Mill) M/s. S.N. Jute Factory Ltd., Murlidhar Ratanlal Export Ltd. (Unit Gondalpara Jute Mill) Dalhousie Jute Company Northbrook Jute Co. Ltd. Ganges Jute Pvt. Ltd. Bellis India Ltd. Budge Budge Co. Ltd. Birla Corporation Unit Birla Jute Mill New Central Jute Mills Caledonian Jute Industries Cheviot Jute Mill Kanoria Jute & Industries (P) Ltd. Gloster Ltd Ludlow Jute & Specialities Ltd. Tepcon International (India) Ltd, ( Unit: Sree Hanuman Jute Mill) Vijai Shree Ltd. (FWJM Division) Delta Ltd. Howrah Mills Co. Ltd. Mahadeo Jute & Industries Ltd. Bally Jute Co. Ltd. Ambika Jute Mill Bharat Jute Mill Tirupati Jute Mill

Location (District) North 24 Parganas North 24 Parganas North 24 Parganas North 24 Parganas North 24 Parganas North 24 Parganas North 24 Parganas North 24 Parganas North 24 Parganas North 24 Parganas North 24 Parganas North 24 Parganas North 24 Parganas North 24 Parganas North 24 Parganas North 24 Parganas North 24 Parganas North 24 Parganas Hooghly (Serampore ) Hooghly (Serampore) Hooghly (Serampore ) Hooghly (Chandannagar) Hooghly ( Chandannagar) Hooghly (Chandannagar) Hooghly ( Chandannagar) Hooghly ( Chandannagar) Hooghly (Chandannagar) Hooghly (Chandannagar) Hooghly ( Chandannagar) South 24 Parganas South 24 Parganas South 24 Parganas South 24 Parganas South 24 Parganas Howrah Howrah Howrah Howrah Howrah Howrah Howrah Howrah Howrah Howrah Howrah Howrah

31

SI. No. 47. 48. 49. 50. 51. 52. 53. 54. 55 56 57 58 59

Name of Jute Mill Bauria M/s. Hooghly Infrastructure Pvt. Ltd. (Unit: Hukumchand) Naihati Jute Mill’s Co. Ltd. Jai Jute Industries (Formerly Nuddea Jute Mill) Soora Jute Mill Mangalpore Baranagar Jute Factory Pvt. Ltd. Calcutta Jute Manufacturing Co. Ltd. Alexandra (NJMC MILL) Kinnison (NJMC MILL) Khardah (NJMC MILL) National (NJMC MILL) Union (NJMC MILL)

Tea Planation Industry The Plantations Industry is one of the major industries in West Bengal. Tea is the most important cash crop produced in this State. Tea is grown in five districts, namely Darjeeling, Jalpaiguri, Alipurduar, Coochbehar and Uttar Dinajpur. Tea gardens in the three hill sub-divisions (Darjeeling Sadar, Kurseong and Kalimpong) of Darjeeling district produce orthodox tea which is famous worldwide for its aroma and flavour. These gardens are categorized as Darjeeling Gardens and the tea produced by them is branded as Darjeeling Tea. Most of it is exported. Siliguri, the single plains subdivision of the district of Darjeeling, produces mostly CTC variety of tea and the gardens in the region are categorized as Terai Gardens. The tea gardens in the Jalpaiguri, Alipurduar

32

Location (District) Howrah Nadia ( Kalyani) Nadia ( Kalyani) Nadia (Kalyani) Kolkata Burdwan Kolkata Kolkata North 24 Parganas North 24 Parganas North 24 Parganas Howrah Kolkata

and Coochbehar districts adjoining Terai region are categorized as Dooars Gardens. Thus tea-growing regions in West Bengal have been divided into three tea districts, namely Darjeeling, Terai and Dooars. Apart from tea, plantations industry as in West Bengal consist of cinchona and medicinal plant plantations. Majority of the workers are employed as pluckers and are paid daily wages. The other category of the workers in the plantations industry consists of clerks, medical staff such as doctors, nurses, compounders and technicians for tea processing and sub-staff. They are paid wages/ salaries on monthly basis. Industry-wide tripartite agreement on wages for tea plantation workers was signed on 20.02.2015 by all the operating trade unions. The wages of the tea plantation

Notable Innovations

workers have been raised from Rs.90/- to Rs. 112.50 per day for the 1 st year w.e.f. 01.04.2014, Rs. 122.50 w.e.f. 01.04 2015 and to Rs. 132.50 w.e.f. 01.04.2016. Approximately 2.6 lakh tea plantation workers are getting wages as per tripartite agreement. Tripartite agreement of the wages of other monthly rated employees (OMRE), staff and sub-staff are also in the process of finalisation. Apart from this, the workers are entitled to get medical facilities, housing accommodation etc. as provided under the Act. The Government of West Bengal is deeply concerned about the locked out and abandoned tea gardens and is trying to make effective intervention to mitigate the sufferings of the affected workers. FAWLOI: The workers of as many as 7 (seven) tea gardens including re-opened gardens have been covered under the Scheme of Financial Assistance to the Workers of Locked-out Industries (FAWLOI) and they are receiving financial assistance at the rate of Rs.1,500/p.m./head and one time ex-gratia at the rate of Rs.1500/- each before Id/Puja. Recently, The Government of West Bengal has initiated specific interventions by extending the benefits of various Government Schemes and other relief to the workers of the seven closed tea gardens of (1) Dheklapara, (2) Bundapani, (3) Raipur, (4) Redbank, (5) Surendranagar, (6) Dharanipur and (7) Ringtong Tea Estate with a view to ameliorating their conditions. In order to address the acute financial crisis and hardship of workers of tea gardens of the State, abandoned by their management, the Government of West Bengal in the Labour Department (vide Order No. 897IR/121L-16/08 dated 08.07.2014) provided some relaxation of the FAWLOI Scheme. Eligible workers of the abandoned tea gardens may be covered under the Scheme FAWLOI after three months of such abandonment.

Antyodaya Anna Yojana (AAY): The State Government under the provisions of WBPDS (Special Provision for Tea Gardens) Order, 2006 is providing rice @ 1.25 kg/au/week and wheat @ 750 gm /au/ week to the workers of 3 sick tea gardens of Darjeeling District and 26 sick tea gardens of Jalpaiguri Districts as a measure of food security, AAY benefit is being continued even after their re-opening. Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) and other benefits : The workers of the closed tea gardens are provided jobs under the Scheme MGNREGS. Other benefits to the workers and their families include Special Gratuity Relief (Spl. G.R.), blankets, utensils, kerosene, sanitation, water supply, Indira Awaas Yojana, (lAY) Sahay Prakalpa (cooked food for the disabled persons), Indira Gandhi National Old Age Pension Scheme (IGNOAPS) Tribal Pension. Geetanjali Prakalpa, Public Distribution System (PDS) through Self-Help Group (SHG). Other important measures taken to mitigate the suffering of the distressed workers and people residing in the closed tea gardens are finding out malnourished children and sending them immediately to the Nutritional Rehabilitation Centre (NRC) for proper treatment, finding out TB patients and other acutely sick persons and sending them to the NB Medical College Hospital/ nearest hospital for treatment etc. The Standing Committee of the Cabinet on Industry/Infrastructure and Employment on 16. i05.2012 accepted the ‘Report of the Committee of Secretaries on the Extension of State Govt. Schemes to Tea Garden areas in North Bengal’. With regard to extension of State Government, Schemes for housing, sanitation, water supply etc. the Committee observes that ‘Facilities extended to the tea gardens under Government Schemes will be supplementary in nature and will not absolve tea gardens of the responsibilities under the Plantations Labour Act (PLA), 1951’.

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(ii) Industrial Relations General Review

Industrial Disputes

The Government in the Labour Department is follwing the principle of “Save Workers, Save Industry” policy to ensure normal flow of industrial activities for not only enriching the economy but also for providing employment to the millions. Following the policy the Government has successfully maintained a harmonious industrial relation situation throughout the State. Industry wise settlement in ‘Sponge lron and Ferro Alloy Industry’ has been penned on 08.09.2014. Industry wise settlement in Tea Industry has been signed on 20.02.2015. Industry wise settlement on Jute Industry also has seen the light of day during the period.

In the Financial Year 2014-15, the State Conciliation Machinery handled 3000 (three thousand) disputes. The figure is inclusive of disputes arising out of strikes, lockouts & closures. 700 (Seven hundred) disputes were raised during the year and 2300 (Two thousand three hundred) disputes were brought forward from previous years. 951 (Nine hundred fifty one) disputes were disposed of during the year under review (Table - I). Table II shows the method of disposal of industrial disputes. Cause wise distribution of disputes either settled through conciliation or disputes for which reports u/s 12(4) of Industrial Disputes Act were submitted to the Government are shown in Table III, which shows that 21 disputes, connected with personnel related issues such as dismissal, discharge, suspension etc. could not be resolved through conciliation and these disputes accounted for 44.68% of the total number of reports submitted to the Government u/s 12(4) of the Industrial Disputes Act, 1947. Disputes connected with Wages & Allowances accounted for 6.38% of the total number of reports submitted u/s 12(4) of the said Act.

The Government is persistently pursuing a policy of tripartitsm in matters of industrial negotiations over and above bipartite settlements. This has actively minimized disguised exploitation, in matters of contribution towards Employees’ provident Fund. ESI Scheme and non-payment of Minimum Wages.

Table-I Industrial Disputes (Year wise) Year

34

(1) 2012-13 2013-14 2014-15

No. of disputes brought forward from previous year (2) 2177 2232 2300

No. of disputes raised during the year (3) 717 648 700

Total no. of disputes handled during the year (4) 2894 2880 3000

No. of disputes disposed of during the year (5) 662 580 951

Percentage of disposal of the total disputes handled (6) 22.87 20.14 31.70

3000

2014-15

**

951

580

662

238

76

124

25.03

13.10

18.73

47(47)

36(36)

61(59)

4.94

6.21

9.21

26

64

2.74

11.03

5.44

640

404

441

67.29

69.66

66.62

Number Percentage to total disposed

Number Percentage to total disposed 36

Otherwise disposed of**

Bipartite settlement

Includes cases where adjudication u/s 10(lB) of the Industrial Disputes Act, has been preferred by the workmen, cases where disputes settled through mediation by parties other than Government/Conciliation Officer and cases where disputes have been withdrawn before commencement of conciliation proceedings.

Figures in brackets in column 6 indicate the number of cases recommended to the Government for adjudication.

2880

2013-14

*

2894

Total No. No. of Disputes settled Disputes for which of disputes through conciliation reports u/s. 12(4) of the disputes disposed (including cases where I. D. Act were submitted handled of during parties did not pursue) to the Government during the the year Number Percentage Number* Percentage year to total to total disposed disposed

2012-13

Year

Industrial Disputes (Method of Disposal)

Table - II

Industrial Relations

35

Table-III Settlement/Non-settlement of Disputes in 2014 -15 SI. No.

Cause of Disputes

Disputes settled through Disputes for which conciliation (inclusive of reports u/s 12(4) of the cases where parties did Industrial Disputes Act not pursue) were submitted to the Government Number

Percentage

Number

Percentage

(1)

(2)

(3)

(4)

(5)

(6)

1. 2. 3.

Wages & Allowances Bonus Personnel (dismissal, discharge, suspension, transfer, etc.) Retrenchment Lay-off Leave & Hours of work Non-implementation of awards & agreements Employment, manning, etc. Promotion, upgrading, etc. Indiscipline, rowdyism, violence, etc. (as alleged by employer) Go-slow (as alleged by employer) Others Disputes disposed of where parties did not pursue (cause not classified) Total

43 12

18.07 5.04

3 3

6.38 6.38

29 6 -

12.18 2.53 -

21 -

44.68 -

04 04 -

1.68 1.68 -

-

-

03 29

1.26 12.18

20

42.56

108 238

45.38 100.00

47

100.00

4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

Work-stoppage During the year 2014-15, there were 634 cases of work-stoppage (strikes & lockouts) affecting about 5 Lakh 10 thousand workmen with a loss of 18.24 million man days against 297 cases affecting about 93 thousand workmen with a loss of 15.03 million man days in the year 201314 (vide Table-IV). All these cases are inclusive of cases brought forward from the previous years.

Table-IV Work-stoppage (Strikes & Lockouts) 2014-15 Year

36

2012-13 2013-14 2014-15

No. of Work stoppage 295 297 634

No. of workers involved (in lakh) 0.91 0.93 5.01

No. of Mandays lost (in million) 15.70 15.03 18.24

Industrial Relations

STRIKES & LOCKOUTS During the years 2012-13 to 2014-15 NO OF CASES

NUMBER OF MEN INVOLVED (IN THOUSAND)

NUMBER OF MANDAYS LOST (IN MILLION)

Table - V analyses cases of strike & lockouts separately which shows that during the year 2014-15 there was 314 case of strike affecting about 375.29 thousands workmen entailing a loss of 0.615 million man days against no cases of strike in the year 2013-14. During the year 2014-15 there were 320 cases of lockout affecting about 125.33 thousand workmen with a loss of 17.62 million man days against 297 cases of lockout affecting about 93.10 thousand workmen with a loss of 15.03 million man days in 2013-14. Table – VI analyses cause-wise distribution of work-stoppage of strikes & lockouts which were handled during 2014-15. It presents total cases dealt with during the year, total cases terminated and total cases continued at the end of the year. Table - VII shows region wise position of work stoppage. Table – VIII shows the list of strikes & lockouts in large establishments employing 1000 workmen & above which were settled through conciliation or otherwise during the year under review. Table – IX analyses terminated cases of strikes & lockouts according to the methods of settelement. Table – X to Table – XIV analyse the strike & lockout position in major industries, i.e., Tea, Jute, Engineering (Major), Engineering (Minor) & Cotton Textiles. In course of implementation of the scheme for the Financial Assitance to the workers in Locked-out Industrial Units (FAWLOI) it was noticed that many cases of lockout were not reported to the Labour Commissionrate at the time of actual occurrence of the lockout. It is also noticed that no disputes were raised at that time. These cases, which were actually under lockout for a long period, have not been taken into consideration. Cases which are pending for a long period before B.I.F.R., Supreme Court or High Court have also not been taken into consideration.

37

(2)

No. of cases

-

Table-V

(4) 0.005(0.03) -

(3)

0.03(0.03)

-

Strike No. of men No. of involved mandays lost (in thousand) (in million)

295 297 634

15.70(99.97)

90.75(99.97)

297(100.00) 93.10(100.00) 15.03(100.00) 320(50.47) 125.33(25.04) 17.62(96.63)

N.B. (1)Figures in parenthesis indicate percentage of strike/lockout to all combined.

294(99.66)

(8)

(7)

(6)

(5)

No. of man No. of cases -days lost (in million)

Lockout No. of men involved (in thousand)

No. of cases

500.62

93.10

90.78

(9)

All Combined No. of men involved (in thousand)

Strikes & Lockouts in West Bengal from 2012-13 to 2014-15

2014-15314(49.53) 375.29(74.96) 0.615(3.37)

2013-14

2012-13 1(0.34)

(1)

Year

38 18.24

15.03

15.70

(10)

No. of man -days lost (in million)

WORK-STOPPAGE (STRIKE & LOCKOUT) BY CAUSES FOR THE YEAR 2014-15

NUMBER OF CASES

Uneconomical Running Charter of Demands

Other Cases Alleged Indiscipline

NUMBER OF MEN INVOLVED

Charter of Demands

Alleged Indiscipline

Uneconomical Running

Other Cases

7.

6.

5.

4.

3.

2.

-

314

Go-slow

Uneconomic running, technological obsolescence, loss of economic viability, Managements’ intention to reduce working compliments etc.

Charter of Demands

Alleged indiscipline

Miscellaneous

All Combined

314

(3)

375.29

-

-

-

-

-

-

375.29

(4)

320

20

116

11

167

1

1

4

(5)

125.35

3.48

77.59

0.78

41.57

1.61

0.22

0.10

(6)

634

20

116

11

167

1

1

318

(7)

500.64

3.48

77.59

0.78

41.57

1.61

0.22

375.39

(8)

Nature of Work-stoppage Strike Lockout All Combined No.of No. of worker No. of casesNo. of worker No. of No. of worker cases involved (in involved (in cases involved (in thousand) thousand) thousand)

Bonus

Wages & Allowances

(2)

(1)

1.

Causes

SI. No.

Strikes & lockouts by causes during 2014-15

Table-VI

Industrial Relations

39

Table-VII

Total

Kolkata (North) Kolkata (Central) Kolkata (South) Howrah Hooghly Barrackpore Durgapur Nadia Murshidabad Midnapore Siliguri Jalpaiguri

(1)

Region

8 19 42 52 59 42 28 32 11 12 15 320

1.03 2.84 11.76 31.36 27.92 26.99 6.24 5.94 3.00 0.94 7.32 125.34

1 6 7 12 1 1 3 31

0.11 14.78 18.74 20.59 0.13 0.22 2.59 57.16

Total cases terminated

8 19 41 46 52 30 28 32 10 11 12 289

1.03 2.84 11.65 16.58 9.18 6.41 6.23 5.94 2.87 0.72 4.73 68.18

Cases continuing at the end of the year No. of cases No. of worker No. of cases No. of worker No. of cases No. of worker involved (in involved (in involved (in thousand) thousand) thousand) (2) (3) (4) (5) (6) (7)

Total cases

Region-wise position of work-stoppage (Strike & Lockout) including cases brought forward from the previous years , cases of work-stoppage terminated during the year & cases of work-stoppage continuing at the end of 2014-15

40

Industrial Relations

Table-VIII The important cases of Strikes & Lockouts involving 1000 workmen & above which were settled through conciliation or otherwise during the financial year 2014-15 SI. No

Name & Address of the concern

1) (1) (2)

(2) M/s. Hanuman Jute Mill, Howrah M/s. Trend Vyapar (P) Ltd. Barrackpore, M/s. Loomtex Engineering Ltd. Barrackpore, M/s. NJMC Ltd., (Khardaha Unit), Barrackpore M/s. North Brook Jute Mill, Serampore, Hooghly M/s. Delta Jute & Industries Ltd., Howrah M/s. Aditya Birla Insulators Serampore, Hooghly M/s. Dalmore Tea Estate, Jalpaiguri M/s. Waiverly Jute Mill, Barrackpore M/s. North Brook Jute Co. Ltd., Chandannagar, Hooghly RDB Textile Ltd., Howrah Auckland Jute Mill, Barrackpore Angus Jute Mill, Chandannagaar, Hooghly Tirupati Jute Mill, Howrah Victoria Jute Mill, Chandannagaar, Hooghly Murulidhar Ratanlal Exports

(3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16)

Nature of work stoppage (3) Lockout Lockout

No. of Date of worker Beginning Reopening involved (4) (5) (6) 3,000 08.03.2014 28.04.2014 4,000 10.03.2014 26.04.2014

Lockout

3200

28.10.2013 15.04.2014

Lockout

1000

09.09.2013 04.04.2014

Lockout

2500

06.03.2014 13.04.2014

Lockout

4000

28.01.2014 05.05.2014

Lockout Lockout

2000 1212

13.05.2014 17.06.2014 29.03.2014 02.06.2014

Lockout

3600

18.06.2014 04.07.2014

Lockout Lockout Lockout

4000 5000 3100

15.06.2014 29.07.2014 21.06.2014 29.06.2014 17.06.2014 28.07.2014

Lockout Lockout

4500 2500

26.10.2014 30.10.2014 01.10.2014 19.11.2014

Lockout Lockout

4800 1500

08.11.2014 03.12.2014 12.02.2014 21.10.2014

41

Year

(1) Strike Lockout Total

Table-IX

(2) 19 19

No. of cases

(4) 01 12 13

No. of cases

Table-X

No. of workmen benefited (in thousand) (5) 0.16 9.75 9.91

Bipartite

(6) 313 313

No. of cases

No. of workmen benefited (in thousand) (7) 375.13 375.13

Otherwise

(5) 13 12 11

No. of cases

Lockout No. of workmen involved (in thousand) (6) 10.13 13.82 7.26

(7) 0.88 3.44 12.68

(8) 13 12 288

No. of man- No. of days lost (in cases lakhs)

Strike & Lockout position in Tea Industry

No. of workmen benefited (in thousand) (3) 47.41 47.41

Conciliation

Number of Cases of work-stoppage (Strike & Lockout) which were resolved during 2014-15

Strike No. of No. of No. of cases workmen man-days involved (in lost (in thousand) lakh) (2) (3) (4) 277 238.34 4.77

Nature of work-stoppage

(1) 2012-13 2013-14 2014-15

42 No. of workmen benefited (in thousand) (9) 375.29 57.16 432.45

Total No. of No. of manworkmen days lost (in involved (in lakhs) thousand) (9) (10) 10.13 0.88 13.82 3.44 245.38 17.44

(8) 314 31 345

No. of cases

Total

(5) 12 16 28

Lockout No. of workmen involved (in lakh) (6) 0.42 0.39 0.70

Table-XII

No. of cases

(7) 4.29 3.41 3.38

(8) 12 16 64

No. of man- No. of days lost (in cases million)

(5) 20 20 22

No. of cases

Lockout No. of workmen involved (in thousand) (6) 9.38 9.33 12.67

(7) 2.52 2.63 3.30

(8) 20 20 22

No. of man- No. of days lost (in cases million)

Strike & Lockout position in Engineering (Major)* Industry

Strike No. of No. of workmen man-days involved (in lost (in lakh) million) (3) (4) 1.37 0.14

Strike No. of No. of No. of cases workmen man-days involved (in lost (in thousand) million) (2) (3) (4) -

(2) 36

No. of cases

* Engineering (Major) indicates such units which employ 250 workmen or above.

(1) 2012-13 2013-14 2014-15

Year

(1) 2012-13 2013-14 2014-15

Year

Strike & Lockout position in Jute Industry

Table-XI

Total No. of No. of manworkmen days lost (in involved (in million) thousand) (9) (10) 9.38 2.52 9.33 2.63 12.67 3.30

Total No. of No. of manworkmen days lost (in involved (in million) lakhs) (9) (10) 0.42 4.29 0.39 3.41 2.06 3.52

Industrial Relations

43

Year

(2) 1 -

No. of cases

Strike No. of No. of workmen man-days involved (in lost (in thousand) million) (3) (4) 0.03 0.005 (5) 69 63 70

No. of cases

Lockout No. of No. of manworkmen days lost (in involved (in million) thousand) (6) (7) 4.95 1.40 4.54 1.39 5.06 1.44

Table-XIII

(1) 2012-13 2013-14 2014-15

Year

(2) -

No. of cases

Strike No. of No. of workmen man-days involved (in lost (in thousand) million) (3) (4) (5) 22 22 21

No. of cases

Lockout No. of workmen involved (in thousand) (6) 8.87 9.89 8.05

(7) 2.67 2.68 2.44

(8) 22 22 21

No. of man- No. of days lost (in cases million)

Strike & Lockout position in Cotton Textile Industry

Table-XIV

(8) 70 63 70

No. of cases

Strike & Lockout position in Engineering (Minor)* Industry

* Engineering (Minor) indicates such units which employ less than 250 workmen.

(1) 2012-13 2013-14 2014-15

44 Total No. of No. of manworkmen days lost (in involved (in million) thousand) (9) (10) 8.87 2.67 9.89 2.68 8.05 2.44

Total No. of No. of manworkmen days lost (in involved (in million) thousand) (9) (10) 4.98 1.405 4.54 1.39 5.06 1.44

Administration of Labour Laws

(iii) Administration of Labour Laws Various Labour Laws are enforced by the Labour Department of the State Government through its Directorates & Commissionerate and also by the Ministry of Labour and Employment of the Central Government through its departments and other agencies. The Labour Commissionerate administers the following Labour Acts through its different wings: 1. The Trade Unions Act, 1926 2. The Payment of Wages Act, 1936 3. The Industrial Employment (Standing Orders) Act,1946 4. The Industrial Disputes Act, 1947 5. The Minimum Wages Act, 1948 6. The Plantations Labour Act, 1951 7. The Working Journalists and other Newspaper Employees (Conditions of Service) & M.P. Act, 1955 8. The Motor Transport Workers Act, 1961 9. The Payment of Bonus Act, 1965 10. The Beedi and Cigar Workers (Conditions of Employment ) Act, 1966 11. The West Bengal Payment of Subsistence Allowance Act, 1969 12. The Contract Labour (Regulation and Abolition) Act, 1970 13. The Payment of Gratuity Act, 1972 14. The West Bengal Workmen’s House Rent Allowance Act, 1974 15. The Equal Remuneration Act, 1976 16. The Sales Promotion Employees (Conditions of Service) Act, 1976 17. The Inter State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979 18. The Child Labour (Prohibition & Regulation) Act,1986 19. The Building and Other Construction

Workers (Regulation of Employment & Conditions of Service) Act, 1996 20. The Building & Other Construction Workers Welfare Cess Act, 1996 21. The West Bengal Unorganised Sector Workers’ Welfare Act, 2007 22. The Unorganised Workers’ Social Security Act, 2008 23. The West Bengal Shops and Establishment Act, 1961. It is worthwhile to mention that the Factories Directorate administers the Factories Act, 1948, the Payment of Wages Act,1936 (in respect to factories), the Maternity Benefit Act, 1961 and the Building and Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 in part. The E.S.I. Directorate, Govt. of West Bengal and the E.S.I. Corporation administer the Employees State Insurance Act, 1948. The West Bengal Labour Welfare Fund Act, 1974 is administered by the West Bengal Labour Welfare Board. The Workmen’s Compensation Act, 1923 is administered by the Workmen’s Compensation Commissioner. The Welfare Commissioner, Labour Welfare Organization, Government of India, looks after the Beedi Workers Welfare Fund Act, 1976 and the Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981. The Employees Provident Funds and Miscellaneous Provisions Act, 1952 is administered by the Employees Provident Fund Organization. In the Labour Commissionerate there are 198 posts of officers in WBLS cadre. In addition to this there are 335 posts of Agricultural Minimum Wages Inspectors, of which 291 are earmarked for posting in different blocks and 68 for posting in 68 Regional Labour Offices.

45

2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20.

1.

Sl. No.

46

Jalpaiguri Alipurduar Coochbehar U. Dinajpur D. Dinajpur Malda Murshidabad Birbhum Burdwan Nadia Purulia Bankura PurbaMedinipur Paschim Medinipur Hooghly Howrah North 24-Pgs South 24-Pgs Kolkata Total

Darjeeling

District

17160

11210

5950

No. of Infringements

3126

1877

1249

No. of Prosecutions launched

733 166 80 194 346 144 128 883 358 1483 342 686 359 1259 726 920 1235 1214 2123 4257 17636

No. of inspections conducted 1947 620 104 270 126 81 128 1940 292 1022 322 275 952 866 952 732 1515 811 1065 3140 17160

No. of infringements detected 37 46 9 11 4 11 64 395 42 200 18 72 76 197 232 27 100 246 457 882 3126

No. of prosecution cases launched 10 3 26 28 2 3 0 107 2 69 67 31 20 0 43 16 0 43 158 261 889

No. of conviction

0 0 0 0 0 0 0 1 0 7 2 0 1 29 0 0 0 0 0 0 40

No. of Acquittal

7,600.00 4,800.00 7,750.00 5,950.00 300.00 1,100.00 0.00 52,300.00 600.00 57,400.00 34,200.00 21,200.00 28,630.00 1,20,500.00 40,750.00 4,800.00 0.00 21,500.00 2,23,850.00 2,16,900.00 8,50,130.00

Amount of fine

0 0 0 0 0 0 0 0 0 2 0 1 0 0 0 0 0 0 0 3 6

No. of claim cases launched

Table - A2 District wise reports on Implementation of Labour Laws for the Year : 2014-15

12055 17636

Total

5581

Year : 2014-15

No. of Inspections conducted

Other Labour Laws

M. W. Act.

Name of the Act

Table - A1 Particulars of Implementation of Labour Laws for the Year : 2014-15

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,04,376.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,04,376.00

Amount of fine decreed

Administration of Labour Laws

Table-B Statement of disposal of Court Cases under 13 Labour Legislations for the year 2014-15 1. 2. 3. 4. 5.

Particulars No. of court cases pending at the beginning of the year No. of court cases launched No. of court cases disposed of by way of conviction No. of court cases ended in acquittal No. of court cases pending at the end of the year

2014-15 3753 (Revised) 3126 889 40 5950

Table - C Statement of claim cases Under Sec. 20 of the Minimum Wages Act, 1948 and Sec.15 of Payment of Wages Act, 1936 for the year 2014-15 (filed by the Inspectors) 1. 2. 3. 4. 5. 6.

Particulars No. of claim cases pending at the beginning of the year No. of claim cases filed during the year No. of Claim cases disposed of during the year No. of Claim cases pending No. of Claim applications setteled at the intervention of the officers of the Labour Commissionerate Amount of money realised and paid to workers at such intervention (Rs.)

There are 15 posts of Labour Inspectors who have also been notified as Minimum Wages Inspectors under Labour Department Notification Number 552-LW/3A/494 dated 25.04.1995. 67 more posts of Agricultural Minimum Wages Inspectors have been created and distributed in blocks and newly created regional labour offices are vide Labour Department Notification Number

2014-15 42(Revised) 06 02 46 32 17,95,307

103-GE/G/3A30/2006 dated 15.01.2007. 139 additional posts of Inspectors of Minimum Wages have been created under Labour Department Order Number 634G/GlE-50/09 dated 25.03.2010. Besides this, 480 Labour Welfare Facilitation Centres (L.W.F.C) have been created by Labour Department Order no. 634 G.E/G/IE/ 50/09 dt 25.03.2010.

47

(B) DETAILS OF ADMINISTRATION OF VARIOUS LABOUR LAWS

Government is the Central Government by virtue of delegated authority.

(i) The Trade Unions Act, 1926

Apart from registration of Trade Unions, amendment of the rules and constitution of Registered Trade Unions, cancellation/ withdrawal of the registration of Trade Unions and compilation of various statistical reports from the annual returns submitted by the Trade Unions, the Trade Union Section has to defend court cases when the decisions of the Registrar are challenged by concerned Trade Unions or the Registrar has been made a party to litigation arising out of inter-union or intra-union rivalry. Sometimes the Registrar has to hear the litigant parties under the order of Hon’ble Court and to pass reasoned orders.

Office of the Registrar of Trade Unions, Government of West Bengal administers and implements the provisions of the Trade Unions Act, 1926; the Bengal Trade Unions Regulations 1927; the Trade Unions (West Bengal Amendment) Act, 1983 and the West Bengal Trade Unions Rules, 1998. The Registrar of Trade Unions, West Bengal (in the rank of Additional Labour Commissioner) is assisted by one Additional Registrar of Trade Unions, one Deputy Labour Commissioner, three Deputy Registrars in the rank of Assistant Labour Commissioner out of four sanctioning post and five Inspectors out of nine sanctioning post. Joint Labour Commissioner, Siliguri acts as the Additional Registrar of Trade Unions in respect of North Bengal Zone comprising Malda, Uttar Dinajpur, Dakshin Dinajpur, Darjeeling, Jalpaiguri, Coochbehar, Alipurduar and discharges all power and functions of the Registrar under the Trade Unions Act with the help of one Deputy Registrar and one Inspector. Registrar of Trade Unions, West Bengal also functions as Registrar in respect of Trade Unions for which the Appropriate

The Trade Union Section conducts election by Secret Ballot in terms of procedure laid down in the West Bengal Trade Unions Rules, 1998 for recognition of Trade Unions as Sole Bargaining Agent/ Principal Bargaining Agent/ Constituents of Joint Bargaining Council in an industrial establishment or a class of industry. In recent future, the project of digitization of recorded data and online submission of registration and amendment forms including Annual Returns has been taken up. A detailed amendment proposal in respect of the Act and Rules framed thereunder has also been prepared.

x No. of applications for registration of Trade Unions brought forward from previous year 2013 = 301.

x No. of applications for registration of Trade Unions received during the year = 518 x x x

48

x x x

(Ex. North Bengal Zone) No. of applications for registration of Trade Unions handled during the year = 819 No. of Trade Union registered during the year = 373 No. of applications rejected due to non-appearance of the applicants despite issuing reminder = Nil. No. of applications for registration of Trade Unions pending at the end of the year = 446 Fees realized for new registration of Trade Unions = Rs. 1875/-. No. of Trade Unions cancelled during the year = 1964.

Administration of Labour Laws

x x x x x x x x

No. of Live Registered Trade Unions as on 31.12.2014 = 10598. No. of Annual returns submitted by the Trade Unions during the year 2013 = 3613. No. of Partial Alteration of Rules and Constitution done during the year = 25. Fees realized for Partial Alteration of Rules & Constitution = Rs. 25/-. No. of Certified copy of Rules & Constitution was issued during the year = 20. Fees realized for certified copy of Rules and Constitution = Rs. 120/-. No. of Duplicate Registration Certificate issued during the year = 49. Fees realized for Duplicate Registration Certificate = Rs. 245/-. Recognition of Trade Union

x x x x x x

No. of applications brought forwarded from the previous year = 16. No. of applications received during the year = 13. No. of Election conducted = 4. No. of aplications rejected = 3. No. of applications pending at the end of the year = 22. Fees realized for Recognition of Trade Unions during the year = Rs. 3670/-.

Right to Information Act, 2005 x Total no. of applications received during the year, 2014 = 65. x Total no. applications disposed of during the year = 65. Court Case x No. of Court Case received during the year = 1. x No. of Court disposed during the year = Nil. x No. of Court Case pending at the end of the year = 14. Establishments where Election for the Recognition of trade Unions was conducted Sl No. 1 2 3 4

Name of the establishment M/S M/S M/S M/S

Everest Industries Ltd. Anmol Biscuits Ltd. C.E.S.C. Ltd. ITC Ltd.

Date of Election 06.02.2014 12.02.2014 22.08.2014 29.08.2014

No. of Workers involved 216 399 4334 378

Year wise report on registered Trade Unions and no. of workmen involved Year 2011 2012 2013 2014

No. of Trade Unions registered 919 784 413 373

Total no. workmen involved 256128 77138 28648 26233

49

The Payment of Wages Act,1936

50

by Notification No. 465-1/SSIA-1/67 dated (In respect of Industrial Establishments other 1.4.67 appointed the Minimum Wages Inspectors as Inspectors under the Act within than Factories) This Act regulates the payment of wages to their respective jurisdiction in respect of certain classes of persons employed in any Industrial Establishments other than factories, factory or in industrial or other Establishments. dock, wharf and jetty. The State Government The Act envisages maintenance of register of by Notification No. 21/MW/2W-43/87dated wages, displaying notice and date of payment, 4.2.88 has made this Act applicable to all timely payment of wages at the end of the employments included in the Schedule to the wage period and prevention of illegal and Minimum Wages Act, 1948. unauthorized deduction of wages etc. This Act also provides for determination and Workers with monthly wages less than recovery of claims arising out of unauthorized Rs.1,600/- were covered under the Act. By deduction from wages or delay in payment amendment to the Act, (i) the wage ceiling of wages by the Authority appointed for this has been increased to Rs. 18,000 w.e.f. purpose. The Authority may direct refund of 12.09.2012 per month and (ii) the amount of deduction or payment of delayed wages the fine as envisaged in section 20 of the Act together with such compensation not exceeding ten times of the amount of claim. has also been raised. The Inspectors of Factories have been The State Government by Notification No. appointed as Inspectors under the Act in 6688-LW dated 19.12.60 has extended the respect of Factories within their respective provisions of this Act on certain jurisdiction. The State Government has also establishments as enumerated therein. Administrative Report on the Payment of Wages Act, 1936 for the year 2014-15 Sl. No. Particulars 2014-15 1. No. of inspections conducted 1772 2. (a) No. of infringements detected 1642 (b)No. of infringements pending disposal 1080 (Revised) at the end of the previous year (c )Total No. of infringements (a + b) handled 2722 3. No. of infringements let off after compliance 1323 4. No. of prosecution cases launched 331 5. No. of infringements pending disposal at the end of the year 1325 6. No. of Court cases brought forward from the previous year 368 (Revised) 7. No of court cases disposed of by way of a) conviction 74 b) Acquittal 0 8. Fine imposed in those conviction (in Rs.) 2,13,500 9. No. of Court cases pending disposal at the end of the year 625 10. No. of claim cases brought forward from the previous year Nil 11. No. of claim cases launched / disposed of during the year Nil 12. No. of claim cases pending at Courts at the end of the year Nil 13. No. of claim applications disposed of at the intervention of Labour Commissionerate Officers Nil 14. Amount of money paid to the workers at such intervention Nil

Administration of Labour Laws

Industrial Disputes Act, 1947 (In respect of complaints on violation of different sections and rules & claims for recovery of dues of the workmen)

The Industrial Disputes Act, 1947 provides for recovery of dues of the workmen from his employer payable under a settlement, award or under the provisions of Chapters VA and VB of the Act by issuance of certificates by the State Government to the Chief Judicial Magistrate or the Chief Metropolitan Magistrate having jurisdiction, who proceeds to realize the money as if it were a fine imposed by such Magistrate. This provision was made effective from 30.11.1991 by the Industrial Disputes (West Bengal Second Amendment) Act, 1980. The applications for such recovery of the dues of the workmen under section 33C(1) of the Act from the entire State of West Bengal are received and processed in the Enforcement

& Law Section of the Labour Commissionerate and the recovery petitions along with certificates issued by the State Government are filed before the Appropriate Courts for recovery of such certificate dues and on realization by Courts the arrangements for payment of such money to the workers are made by the E.L. Section of the Labour Commissionerate. The E.L. Section also deals with complaints of non-implementation of settlements, awards and statutory dues arising out of provisions of closure, retrenchment and lay off as provided in Chapter VA and VB of the Act, as well as other complaints of violation of any provision of that Act for suitable legal actions against the violation in the Appropriate Court of Law u/s. 29 and other related sections. Tables show the cases dealt with by the EL & MW Section in the year 2013-14 under I.D. Act 1947.

Statement of Performance under the Industrial Disputes Act, 1947 for the year 2014-15 1 Complaints and Claims received during the year

No. of Violation cases

(a) Pending disposal at the beginning of the year (b) Received during the year (c) Dealt with during the year. (d) Disposed of during the year:(i) by way of settlement on persuasion (ii) by reporting to Govt. recommending (or not) issue of certificate or order of prosecution. (iii) Otherwise i.e. due to non-appearance by party(ies) concerned (e) Pending at the end of the year

On Claims On Claims violation u/s.33C violation under of (i) of the of Chapters Award I.D. Act settlement VA &VB 1947 of the I.D. Act, 1947 191 121 43 Nil 40 231

64 185

04 47

Nil Nil

Nil

Nil

Nil

Nil

04 Nil

07 Nil

Nil Nil

Nil Nil

227

178

47

Nil

51

2 Prosecution cases on complaints : No. of prosecution cases (a) (b) (c) (d) (e)

Pending trial at different Courts at the beginning of the year Where sanction from State Govt. received during the year Newly launched at different Courts during the year Disposed of at different Courts during the year Pending trial at different courts at the end of the year

215 06 06 Nil 221

3. Certificate cases and claims under section 33C(1): No. of Certificate cases (a) Pending recovery at Courts / Collectorates at the beginning of the period (b) Where sanction from State Govt. received during the period (c) Instituted at Courts/ Collectorates during the period (d) Amount of money involved in newly instituted cases (e) Disposed of by the Court/ Collectorate (f) Pending recovery at Courts/Collectorates at the end of the period

The Minimum Wages Act, 1948

52

The main objective of enactment of the Minimum Wages Act, 1948 is to prevent exploitation of labour and for that purpose provide some sort of social security measures to a vast majority of working class people employed in the unorganized sector in our country. These workers have very little or no bargaining power and consequently they often get deprived of a fair and legitimate wage. Hence, to ensure payment of a floor-level wage, fixation and /or revision of minimum wages in such sweated employments have been aimed at in the Act. There are two schedules to the Act., viz. Part I and II, wherein certain employments are included. The State Government has been empowered to add any employment to the schedule under Sec.27 of the Act. The State Goverment has added as many employments as possible to the schedule since the commencement of the Act. At present, there are 91 employments in the schedule of employments of which 15 were in the original Act. It is worth mentioning here

168 13 12 Rs.909,67,459.40 No data Available 181

that out of 19 employments in the Original Schedule, 4 employments do not exist in our state. State Govt. has included / added 30 new employments in the schedule to the new Act vide notification No. 12-MW dt. 09.02.2015 The list of such employments are shown in table VI. Fixation of minimum wages in such employment are under process. Besides Fixation of minimum rates of wages, the State Govt. also revises such rates from time to time as per provisions under Sec 5(1) (b) of the Minimum Wages Act, 1948. Out of 61 employments which have been brought so far under the schedule of employments in West Bengal, minimum rates of wages have been fixed in 59 employments. Fixation of minimum wages in other 2 employments is under active consideration of the goverment. While drawing any proposal for fixation or revision of minimum rates of wages, norms as laid down by the 15th Indian Labour Conference with slight modifications have been adopted. The prices of food, clothing and other items are collected either by

Administration of Labour Laws

conducting family-budget enquiry and considering expenditure in such items for a family with three consumption units, or from sources where such data are published regularly, viz. in Indian Labour Journal. Minimum Wages as fixed in this State have been linked to dearness allowance. Dearness

allowance is normally adjusted on the basis of half-yearly average of Consumer Price Index numbers at a certain rate. Number of employments where minimum wages have been fixed, revised or subsequently added to the schedule are mentioned below :

(a) Number of employments in the original schdule to the Act : Part I ......................

18

Part II ......................

01

(b) Number of employments in the original schedule to the Act in respect of which State Govt. is the appropriate Goverment (Out of 19 employments in the original schedule, four employments do not exist in the State of W.B.)

15

(c) Number of employments subsequently added to part I of the schedule

76

(d) Number of employments where fixation / revision of Minimum Wages has been made

59

(e) Number of employments added to the schedule but minimum wages yet to be fixed.

32

The details of names of employments which have been included and added to the schedule and in respect of which fixation and/or revision of minimum wages have been notified are given in Table Nos. I, II, & III. The position of administration of Minimum Wages Act, 1948 for the year, 2014-15 is shown in Table IV.Table V shows the monthly Minimum Wages in different scheduled employments as on 31.03.2015. Table VI shows the names of employments which have recently been added in the schedule to the new Act. Minimum wages Act, 1948 in West Bengal.

TABLE I List of employments which originally appear in Part I and Part II of the Schedule to the Minimum Wages Act, 1948 and in respect of which the State Government is the Appropriate Government (with the Position of Fixation /Revision of minimum wages) Part I Item No. Name of the Employment Remarks of the Schedule (1) (2) (3) 1. (a) Woolen Carpet making The employment does not exist in this State. establishment (b) Shawl Weaving establishment The employment does not exist in this State. 2 (a) Rice Mill Rates of minimum wages revised under the Labour Department Notification No.455-MW/2W-02/2007 dt.22.09.2011. (b) Flour Mill Rates of minimum wages revised under Labour Department Notification No. 441-MW/2W-55/2006 dt. 21.09.2011.

53

Item No. of the Schedule (1)

Name of the Employment (2)

(c) Dal Mill 3

(a) Tobacco (Bidi making) (b) Cigarette

4.

Manufacturing

(a) Tea plantation (b) Cinchona plantation

5.

(c) Rubber plantation (d) Coffee plantation Oil mill

6.

Local Authority

7.

Construction or maintenance of roads or in Building operation

8.

Stone Breaking or Stone Crushing

9.

Lac Manufactories

10.

Public Motor Transport

11.

Tanneries & Leather Manufactories

Remarks (3) Rates of minimum wages revised under Labour Department Notification No.440-MW/2W-08/2010 dt.21.09.2011. Rates of minimum wages revised under Labour Department Notification No. 106/MW dt. 03.07.1982. Rates of minimum wages revised under Labour Department Notification No.1619-LW dt. 30.06.1972. Wages are now governed by agreement. Rates of minimum wages revised under Labour Department Notification No.4729-LW dt. 20.08.1959. Wages are now governed by agreement. Rates of minimum wages revised under the Labour Department Notification No.462-MW/2W-15/2009 dt. 22.09.2011. The employment does not exist in this state. The employment does not exist in this state. Rates of minimum wages revised under Labour Department Notification No. 442-MW/2W-20/2009 dt. 21.09.2011. Rates of minimum wages revised under Labour Department Notification No. 973/LW dt. 09/07/1970. Rates of Wages are now regulated by Local Self Government Department. Rates of minimum wages revised under Labour Department Notification No. 439-MW/2W-11/2010 dt. 21.09.2011. Rates of minimum wages revised under Labour Department Notification No. 451-MW/2W-01/08 dt.22.09.2011. Rates of minimum wages revised under Labour Department Notification No. 138-MW/2W-03/2008 dt. 03.09.2012. Minimum rates of wages revised under Labour Department Notification No. 185-MW dt. 16.11.1984 Minimum rates of wages revised under Labour Department Notification No. 453-MW/2W-04/2006 dt. 22.09.2011.

Part II 1.

54

Agriculture

Rates of minimum wages revised under Labour Department Notification No. 461- MW/2W-02/2008 dt. 22.09.2011.

Administration of Labour Laws

TABLE II List of employments which originally appear in Part I and Part II of the Schedule to the Minimum Wages Act, 1948 and in respect of which the State Government is the Appropriate Government (With the position of fixation/Revision of minimum wages) Item No. Name of the Employment of the Schedule

(1) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

Remarks

(2) Glass Industry

(3) Rates of minimum wages fixed under Labour Department Notification No. 6407-LW dt. 20.07.1974. Paper Board & Straw Board Rates of minimum wages revised under Labour Manufacturing Industry Department Notification No. 444-MW/2W-05/2009 dt. 21.09.2011. Power loom employing less Rates of minimum wages revised under Labour than 10 persons Department Notification No. 447-MW/2W-06/2009 dt. 21.09.2011. Power loom employing 10 or Rates of minimum wages revised under Labour more persons Department Notification No. 448-MW/2W-07/2009 dt. 21.09.2011. Manufacturing of Rubber and Rates of minimum wages fixed under Labour Rubber products Department Notification No. 87-LW dt. 12.01.1979. Ceramic Industry Rates of minimum wages revised under Labour Department Notification No. 437-MW/2W-08/2009 dt. 21.09.2011. Clinical Nursing Home Rates of minimum wages fixed afresh under Labour Department Notification No. 466-MW/2W-10/2007 dt. 22.09.2011. Plastic Industry Rates of minimum wages revised under Labour Department Notification No. 445-MW/2W-09/2009 dt. 21.09.2011. Saw Mill Rates of minimum wages revised under Labour Department Notification No. 449-MW/2W-10/2009 dt. 21.09.2011. Decoration Rates of minimum wages revised under Labour Department Notification No. 458-MW/2W-17/2009 dt 22.09.2011. Bakery Rates of minimum wages revised under Labour Department Notification No. 129-MW/2W-19/2010 dt. 13.08.2012. Shops as defined in the West Rates of minimum wages fixed under Labour Bengal Shops and Establish- Department Notification No. 24-MW dt. 21.02.1985. ments Act, 1963 where such Notification fixing Minimum Wages injuncted by employment is not included in Kolkata High Court. any other entry in the schedule

55

Item No. of the Schedule (1) 13. 14.

15.

16. 17. 18. 19. 20. 21.

22. 23. 24.

56

Name of the Employment (2)

Forestry or Timbering operation execpting those included in Part II of the Schedule Hotels and Restaurants including Boarding Houses and eating Houses employing not more than 20 persons Brick Manufactories

Remarks (3) Rates of minimum wages revised under Labour Department Notification No. 495-MW/2W-04/ 2008 dt. 26.12.2011. Rates of minimum wages fixed afresh under Labour Department Notification No. 107-MW/2W-12/2010 dt. 09.04.2012.

Rates of minimum wages fixed afresh under Labour Department Notification No. 42-MW/2W-33/2000 dt. 07.05.2002. The Notification was challenged by WP No. 676 was vacated by an Order dt. 21.09.2012. Salt Manufacturing Industry Rates of minimum wages revised under Labour Department Notification No.456-MW/2W-60/2006 dt. 22.09.2011. Rope Industry Rates of minimum wages revised under Labour Department Notification No. 465-MW/2W-24/2006 dt. 22.09.2011. Refractory Industry Rates of minimum wages fixed under Labour Department Notification No. 38-MW/2W-6/95 dt. 25.07.1996. Bell Metal and Brass Industry Rates of minimum wages revised under Labour Department Notification No. 436-MW/2W-19/2006 dt. 21.09.2011. Shoe Making Industry Rates of minimum wages revised under Labour Department Notification No. 454-MW/2W-06/2010 dt. 22.09.2011. Establishments not covered by Rates of minimum wages fixed under Labour Notification No. 24-MW dt. Department Notification No. 78-MW/2W-19/94 21.02.1985 fixing rates of dt. 17.08.1998. minimum wages in shops The Notification is quashed by Kolkata High Court. Security Services Rates of minimum wages revised under Labour Department Notification No.457-MW/2W-14/2010 dt. 22.09.2011. Fishery Rates of minimum wages revised under Labour Department Notification No. 464-MW/2W-05/2008 dt.22.09.2011. Beedi Leaf Plucking Rates of minimum wages revised under Labour Department Notification No. 74-MW/2W-06/2008 dt. 06.02.2012

Administration of Labour Laws

Item No. of the Schedule (1)

Name of the Employment

(2)

Remarks

(3)

25.

(a) Sericulture Nursery & Rates of minimum wages revised under Labour Cultivation Department Notification No. 105-MW/2W-02/2010 (b) Silk Spinning and/or weaving dt. 04.04.2012. (Handloom)

26.

Tobacco Godown

Rates of minimum wages revised under Labour Department Notification No. 77-MW/2W-07/2008 dt. 06.02.2012.

27.

Handlooms

Rates of minimum wages revised under Labour Department Notification No. 76-MW/2W-01/2012 dt. 06.02.2012.

28.

Godowns

Rates of minimum wages revised under Labour Department Notification No.459-MW/2W-58/2006 dt. 22.09.2011.

29.

Paints and Chemical Factories Rates of minimum wages revised under Labour Department Notification No.443-MW/2W-18/2009 dt. 21.09.2011.

30.

Plywood Industry

Rates of minimum wages revised under Labour Department Notification No.446-MW/2W-07/2010 dt. 21.09.2011.

31.

Sales Promotion of Medicine

Rates of minimum wages fixed under Labour Department Notification No. 103-MW/2W-58/2000 dt. 22.11.2002. The notification has been quashed by an order dt 27.09.2013 Hon’ble High Court, Culcutta.

32.

Hosiery Industry

Rates of minimum wages revised under Labour Department Notification No. 152-MW/2W-19/2009 dt. 16.10.2012.

33.

Bone- Meal Industry

Rates of minimum wages revised under Labour Department Notification No. 103-MW/2W-08/2008 dt. 04.04.2012.

34.

Cinema Industry

Rates of minimum wages revised under Labour Department Notification No. 1021-LW dt. 17.07.1970.

35.

Silk Printing Industry

Rates of minimum wages revised under Labour Department Notification No. 450-MW/2W-16/2009 dt. 21.09.2011.

57

Item No. of the Schedule (1)

Name of the Employment

(2)

Remarks

(3)

36.

ChakKi Mill

Rates of minimum wages revised under Labour Department Notification No. 438-MW/2W-11/2009 dated 21.09.2011.

37.

Tailoring Industry

Rates of minimum wages revised under Labour Department Notification No.452-MW/2W-05/2006 dt. 22.09.2011.

38.

Medicinal Plants plantation Rates of minimum wages revised under Labour other than Cinchona plantation Department Notification No. 463-MW/2W-14/2009 dt. 22.09.2011.

39.

Printing Press Industry

Rates of minimum wages revised under Labour Department Notification No.85-MW/2W-01/2007 dt. 15.02.2012.

40.

Iron Foundry

Rates of minimum wages revised under Labour Department Notification No.l06-MW/2W-21/2010 dt. 04.04.2012. The notification is under an interim of stay in the High Court in Calcutta in W.P. No. 731 of 2012.

58

41

Sweeping and Cleaning Rates of minimum wages fixed under Labour excluding activities prohibited Department Notification No. 460-MW/2W-03/2005, under the Employment of dt. 22.09.2011. Manual Scavengers and Construction of Dry Latrines (Prohibition) Act 1993.

42

Silk Mills

43

Establishments of professions Rates of minimum wages are fixed under Labour such as Chartered / Cost Department Notification No. 104-MW/2W-24/ Accounts, Auditors, Tax 2010, dt.20.04.2012. Consultants & other Firms / Companies engaged in the Consultancy/Advisory Services.

44

Fountain pen and Ball Point Rates of minimum wages are fixed under Labour Pen Manufacturing Industry Department notification No 111-MW/2W-25/2010 dt. 20.04.2012.

The rates of minimum wages fixed under Labour Department Notification No. 75-MW/2W-39/2006, dt. 05.02.2012.

Administration of Labour Laws

TABLE III Employments where rates of minimum wages have not yet been fixed though included in the schedule to the Minimum Wage Act, 1948. Item No. of the Schedule (1) 1.

2.

Name of the Employment (2)

Engineering Industry employing less than 50 persons Cold Storage

Remarks (3)

The employment was added to the schedule to the Minimum Wages Act, under Labour Department Notification No. 1212- LW dt. 02.07.1979. The employment was added to the schedule to the Minimum Wages Act,1948 under Labour Department Notification No. 174-MW dt. 30.05.1987. Fixation of rates of minimum wage is under consideration. However, the unions are in favour of negotiated settlements on wages.

Sri Moloy Ghatak, MIC, Labour Department, Govt. W.B. releasing a book on minimum wages written by S.H. Askari, Additional Labour Commissioner, W.B.

59

Table - IV Administrative Report on Minimum Wages Act, 1948 for the year 2014-15 Sl. No. 1.

No. of inspections conducted

2.

(a) No. of infringements detected (b) No. of infringements pending disposal at the end of the previous year. (c) Total no. of infringements (a+b) handled

3. 4. 5. 6. 7.

8. 9. 10. 11. 12. 13. 14. 15.

16.

60

Particulars

No. of infringements let off after compliance. No. of Court cases launched No. of infringements pending disposal at the end of the year. No. of Court cases brought forward from the previous year No. of court cases disposed off by way of (a) Conviction (b) Acquittal Amount of fines imposed by Courts (Rs) No. of court cases pending at the end of the year [(4+6)-(7)] No. of claim cases brought forward from the previous year. (a) No. of claim cases filed (b) No. of workers involved No. of claim cases disposed of Amount of claim decreed. (Rs) No. of claim cases pending at court at the end of year. (a) No. of claim applications disposed of at the intervention of Labour Commissionerate officers (b) No. of workers involved (a) Amount of money paid to the workers at such Intervention (Rs) (b) No. of workers involved

Agriculture

Other than Agriculture

Total

66

5515

5581

283 113 (Rev)

5667 3166 (Rev)

5950 3279 (Rev)

396

8833

9229

157

4205

4362

92 147

1249 3379

1341 3526

01 (Rev)

1979 (Rev)

1980 (Rev)

41 0 29,700 52

350 10 1,85,050 2868

391 10 2,14,750 2920

0

41(Revised)

41(Revised)

0 0

06 45

06 45

0 0 0

2 204376 45

02 204376 45

3

29

32

31 2,48,000

103 15,47,307

134 17,95,307

4

103

107

Administration of Labour Laws

TABLE - V Monthly Minimum Wages in different scheduled employments under the Minimum Wages Act, 1948 as on 31st March, 2015 SI. No.

Name of the Scheduled Employments

Area Covered

1. Agriculture Per month without food Per day without food Per day with food

West Bengal

Categories of Employment Unskilled SemiSkilled skilled Rs. Rs. Rs.

Highly Skilled Rs.

5831.00 224.00 208.00

6415.00 247.00 231.00

7057.00 271.00 255.00

-

Zone A Zone B

6886.00 6625.00

-

-

-

West Bengal

5831.00

6415.00

7057.00

-

4 Bell Metal & Brass Industry

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

5 Bone Meal Industry

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

5753.00 5127.00 5849.00 4156.00

5853.00 5227.00 5949.00 4256.00

6053.00 5427.00 6149.00 4456.00

4027.00

4127.00

4327.00

4827.00

4927.00

5127.00

4813.00 4926.00 4704.00

4913.00 5026.00 4804.00

5113.00 5226.00 5004.00

5653.00 5027.00 5749.00 4056.00

5753.00 5127.00 5849.00 4156.00

5953.00 5327.00 6049.00 4356.00

3927.00

4027.00

4227.00

4727.00

4827.00

5027.00

4713.00 4826.00 4604.00

4813.00 4926.00 4704.00

5013.00 5126.00 4904.00

2 Bakery 3 Beedi Leaf Plucking

6 Brick Manufactories (i) Kolkata & 24 Pgs. (a) Without firewood (ii) Howrah & Hooghly and accommodation (iii) Burdwan (iv)Darjeeling except Siliguri Sub-Divn. (v) Jalpaiguri, Siliguri Sub-Divn. & Coochbehar (vi) Bankura, Purba & Paschim Midnapore Purulia (vii) Birbhum (viii) Nadia & Murshidabad (ix) Malda & Uttar & Dakshin Dinajpur (b) With firewood and accommodation

(i) Kolkata & 24 Pgs. (ii) Howrah & Hooghly (iii) Burdwan (iv) Darjeeling except Siliguri Sub-Divn. (v) Jalpaiguri, Siliguri SubDivn. & Coochbehar (vi) Bankura, Purulia & Purba & Paschim Midnapore (vii) Birbhum (viii) Nadia & Murshidabad (ix) Malda & Uttar & Dakshin Dinajpur

61

SI. No.

Name of the Scheduled Employments

Area Covered

Categories of Employment Unskilled SemiSkilled skilled Rs. Rs. Rs.

7 Ceramics Industries

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

8 Chakki Mills

Zone A

6886.00

7575.00

8333.00

-

Zone B

6625.00

7287.00

8016.00

-

West Bengal

6886.00

7575.00

8333.00 9166.00

9 Chartered/Cost Accountants, Auditors etc. Firms 10 Cigarette Manufacturing 11 Cinchona Plantation 12 Cinema Industries a) House Exhibition Units

Rates are now Governed by Agreement West Bengal

5831.00

-

-

-

4455.25 4435.51

4471.87 4456.29

4544.60 4508.43

b) Production Units

West Bengal (i) Kolkata & Howrah (ii) Municipalities having population 1 lakh or more (iii) Other Moffusal Areas West Bengal

4430.31 4455.25

4440.70 4595.77

4492.65 - 4710.83

(c) Distribution Unit

West Bengal

4455.25

4523.82

4565.38

(peon) (field inspector)

(sales man)

(d) Studio 13 Clinical Nursing Home 14 Cold Storage

-

West Bengal

4455.25

4494.73

4534.21 4648.50

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 9166.00 8016.00 8818.00

Minimum rates of wages are not yet fixed

15 Construction & Maintenance of Roads or in Building Operation.

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 9166.00 8016.00 8818.00

16 Dal Mills

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

17 Decoration

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

18 Engineering Industry employing less than 50 persons

Fixation of minimum wages is under consideration

19 Establishments not covered Notification fixing Minimum wages quashed by Notification No. 24-MW by Hon’ble Kolkata High Court dt. 21.02.85 20 Fishery West Bengal 5831.00 -

62

Highly Skilled Rs.

21 Flour Mill

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

-

-

8333.00 9166.00 8016.00 8818.00

Administration of Labour Laws

SI.Name of the No. Scheduled Employments

Area Covered

Categories of Employment Unskilled SemiSkilled skilled Rs. Rs. Rs.

Highly Skilled Rs.

22 Forestry or Timbering Operation

West Bengal

5831.00

-

-

-

23 Fountain Pen and Ball Point Pen Industry

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

West Bengal

6045.00

6065.00

6115.00

6170.00

Zone A Zone B

6886.00 6625.00

-

-

-

West Bengal

5831.00

-

-

-

27 Hosiery

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

28 Hotel & Restaurants, eating house employing 20 or less persons

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

9166.00 8818.00

24 Glass Industry 25 Godown 26 Handloom

29 Iron Foundry

30 Lac Manufactories 31 Local Authority 32 Medicinal Plant other than Cinchona

Kolkata High Court in W.P. No. 731 of 2012 & GA 221 of 2013has passed an interim order of restraint on giving effect to Notification No.106-MW/2W-21/2010 dt. 04.04.2012 revising Minimum Wages in Iron Foundry. West Bengal 5831.00 6415.00 7057.00 Rates are now regulated by local SelfGovernment Department. West Bengal

5831.00

-

-

-

33 Oil Mills

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

34 Paints & Chemical Factories

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

9166.00 8818.00

35 Paper Board & Straw Board Manufacturing Industry

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

36 Plastic Industry

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

37 Plywood Industries

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

38 Power Loom (10 or more persons)

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

39 Power Loom (Less than 10 persons)

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

63

SI.Name of the No. Scheduled Employments

Area Covered

40 Printing Press

Zone A Zone B

6886.00 6625.00

West Bengal

41 Public Motor Transport

Categories of Employment Unskilled SemiSkilled skilled Rs. Rs. Rs. 7575.00 7287.00

8333.00 8016.00

-

6119.00

6172.00

6180.00

6251.00

(Cleaner

(Conductor)

(Fitters

(Drivers &

& Lorry

& Time

Mechanics)

Coolies)

Keeper)

42 Refractory Industry

West Bengal

5789.00

5849.00

5909.00

5969.00

43 Rice Mill

West Bengal

5831.00

6415.00

7057.00

7763.00

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

44 Rope Industry

45 Rubber and Rubber (i) Kolkata & 24 Pgs. (N&S) Products Manufacturing (ii) Howrah & Hooghly (iii) Burdwan (iv) Darjeeling except Siliguri Sub-Divn. (v) Jalpaigurl Siliguri SubDivn. & Coochbehar (vi) Bankura, Purulia & Purba & Paschim Midnapore (vii) Birbhum (viii) Nadia & Murshidabad (ix) Malda & Dinajpur (Uttar & Dakshin) 46 Sales Promotion in Medicine 47 Salt Manufacturing Industry

5601.00 4902.00 5541.00 4232.00

5612.00 4913.00 5552.00 4243.00

5638.00 4939.00 5578.00 4269.00

4120.00

4131.00

4157.00

4940.00

4951.00

4977.00

4929.00 4824.00 4733.00

4940.00 4835.00 4744.00

4966.00 4861.00 4770.00

Notification fixing Minimum Wages quashed by Kolkata High Court West Bengal

5831.00

6415.00

7057.00 7763.00

48 Saw Mill

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

49. Security Services

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

West Bengal

224.00 (per day)

-

-

-

5831.00 (per month)

-

-

-

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

50 (a) Sericulture, Nursery and Cultivation (b) Silk Spinning and/or Weaving (Handloom) 51 Shoe Making

64

Highly Skilled Rs.

52 Shops

Zone A Zone B

Notification fixing Minimum Wages injuncted by Kolkata High Court

Administration of Labour Laws

SI.Name of the No. Scheduled Employments

Area Covered

Categories of Employment Unskilled SemiSkilled skilled Rs. Rs. Rs.

Highly Skilled Rs.

53 Silk Mills

Zone A Zone B

6886.00 6625.00

-

-

-

54 Silk Printing

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

55 Stone Breaking & Stone Crushing

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

56 Sweeping & Cleaning

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

57 Tailoring Industry

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

58. Tanneries & Leather Manufacturies

Zone A Zone B

6886.00 6625.00

7575.00 7287.00

8333.00 8016.00

-

59. Tea Plantation 60. Tobacco (Beedi Marking)

61. Tobacco Godown

Rates are now governed by Agreement. (i) Kolkata & South 24 Pgs (ii) Howrah & Hooghly (iii) Other Districts

5609.50

216.75

4874.48 4750.72

188.43 183.67

West Bengal

5831.00

Per 1000 Beddi Rolled

Areas under : Zone A : (i) Areas Notified under Kolkata Metropolitan Development Authority (KMDA), (ii) Asansol Municipal Corporation, (iii) Durgapur Municipal Corporation, (iv) Siliguri Municipal Corporation, (v) Digha-Shankarpur Development Authority, (vi) Thermal Power Plants areas including Towhship areas, (vii) All the Municipal areas in different districts ,(viii) All the sub-DIvision in districts in Howrah, Hooghly, Burdwan and 24-Parganas (N) [excluding Barasat and Basirhat], (ix) Alipur Subdivision and Baruipur Sub-division in the district of 24 Parganas (S), (x) Midnapore Sadar Sub-Division and Kharagpur Sub-Division in the district of West Midnapore, (xi) Siliguri Sub-Division in the District of Darjeeling, (xii) Bankura Sub-Division and Bishnupur Sub-Division in the district of Bankura, and (xiii) Raghunathpur Sub-Division in the district of Purulia; Zone B : Rest of West Bengal.

65

Table - VI List of Employments which has been included in the schedule to the Minimum Wages Act, 1948 and fixation of wages is likely to be done Item No. of the scheduled 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91.

66

92.

Name of the employment

Bottling and Packaging Industry; Confectionery and Sweets Manufacturing; Clinical Establishments including Pathological Laboratories and Diagnostic Centres; Garments Manufacturing Industry; Saloons and Beauty Parlours; Ice Factory; Any Establishment in which manufacturing activity as defined under section 2(k) of the Factories Act is carried out and is not covered under any of the other scheduled employments; Automobile Engineering, Repairing Workshop & Garages; Private Hospitals and Research Centres not carried on by the government or government notified local authorities; Laundries, Laundry Services, Cleaning and Dyeing Plants / Units / Shops; Beverage Manufacturing & Vending Establishments; Fishing Activities including River & Deep Sea Fishing; Transportation, Marketing & Distribution of Petroleum Products and Cooking Gas including Petrol Pumps; Non-Banking Private Financial Institutions; Jewellery Manufacturing Industry; Ice Cream and Candy Manufacturing; Floor and Wall Tiles Manufacturing; Bought Tea Leaf Factory; Courier Service; Leather Goods Industry; Loading & Unloading Operations; Rolling of Iron Rods, Plates, Angles etc. and Rolling Mills; Wood Works and Furniture Industry; Information Technology Industry; Malls, Multiplexes, Departmental Stores and Mega Stores; Biscuit Manufacturing; Consumer Co-operative Societies, Primary Agricultural Co-operative Societies / Marketing Societies; Sponge Iron, Ferro alloys and Induction Furnaces; Establishments as defined under the West Bengal Shops and Establishments Act, 1963; Hotels and Restaurants including Boarding Houses, Eating Houses, Canteens, Clubs and Guest Houses.”

Administration of Labour Laws

The Plantations Labour Act, 1951 Plantation in West Bengal is mainly constituted of Tea Industry. Tea Industry provides one of the vital livelihoods in the economy of Northern part of West Bengal. It is among the oldest constituents of the organized manufacturing sector. Land & Labour constitute its most important inputs. There are also a few Cinchona & Medicinal Plant Plantations in the State. Tea Industry is located in the five districts of West Bengal, namely Darjeeling, Jalpaiguri, Alipurduar, Cooch Behar and Uttar Dinajpur. Most of the field workers and pluckers in Tea Plantations are paid daily wages. Besides them, the other workers here consist of Clerks, Medical Staff, technicians and sub-staff. The Organisational set-up of the administration of the Plantations Labour Act, 1951 is headed by the Labour Commissioner, West Bengal as the Chief Inspector of Plantations with one Additional Labour Commissioner being in superior charge of the administration of the Act. The Joint labour Commissioner, North Bengal Zone and Assistant Labour Commissioner at the Plantation Section of the Head Quarter assist the Chief Inspector of Plantations. The Inspectors (of the rank of Assistant Labour Commissioner) under the Plantations Labour Act, 1951 posted at different Regional Labour Offices in North Bengal Zone namely Darjeeling, Kalimpong, Kurseong, Siliguri, Jalpaiguri, Malbazar, Alipurduar, Birpara, Cooch Behar, Islampur, Raigunj, Balughat, Gangarampur, chanchol and Malda are given the primary responsibility of implementation of the Act. The Plantations Labour Act, 1951 and the Rules framed thereunder provide for various health and welfare facilities for the benefit of the plantation workers. Some of the important welfare provisions are housing

facilities, medical facilities, canteens providing food at subsidized rates, crèche with attendants and refreshment, recreational facilities, protective clothing, drinking water at the place of work, creation of educational infrastructure, annual leave with wages, maternity benefits for women workers etc. It may be noted further that in any tea garden, where more than 300 plantation labourers are working, the employer is required to appoint a Labour Welfare Officer to look after the various welfare facilities for the labourers in the tea garden. Apart from the above facilities provided under the Act and the Rules, some other facilities as decided by the bipartite and the tripartite agreements, are also provided to the workers employed in the plantations. Some of the facilities are mentioned below: PROVISION OF RATION: Every worker in the plantation shall be supplied ration at concessional rate or given cash compensation in lieu of that. The sons and daughters of the workers upto the age of 16(sixteen) years are also to be provided with ration at concessional rate provided they are living with and fully dependent on their parents and are employed either on the estate or elsewhere. PROVISION OF FIRE WOOD: The employer shall issue fire wood to each workers’ family at the rate of two and half peels per household family annually. Where fire wood is not readily available, the management will have the option to issue soft coke in lieu of fire wood, on the ratio of 1 peel fire wood equal to 2(two) Quintals of soft coke. However, under no circumstances cash is allowed to be offered to the workers in lieu of fire wood. During the last Financial Year i.e., 2014-15 the State Government has arranged for social security for the workers covering of 7 (seven) tea estates under the scheme of

67

“Financial Assistance to the Workers in Locked-out Industrial Units (FAWLOI)”. The worker is paid Rs.1,500/- each per month. They are also paid one time Ex-gratia @ Rs.1,500/- each before Puja/Id. Both the State Government and the Central Government have made sincere efforts to open the closed gardens. EMPLOYMENT: 118 Annual Returns have been received from the 283 tea gardens for the year 2014. These 118 tea gardens have a total of 50,077.48 hectares of land under cultivation and 1,11,181 persons are employed there. Out of this, 47352 are male, 63667 are female and 162 are adolescent. From among 3 Cinchona growing units, 1 unit has sent Annual Returns, the area of which is 1703.77 hectares and 491 persons (Male194, F emale- 297 and Adolescent-Nil) are employed therein. Children below the age of 14 (fourteen) years are strictly prohibited from working in the plantations. No discrimination is reported in respect of payment between the male and female workers as per report of the Plantations Inspectors during the financial year 2014-15. No complaint of sexual harassment of female workers has been received. & INSPECTION, PROSECUTION CONVICTION: 69 inspections have been conducted by the Inspectors under the Plantations Labour Act, 1951 during the year 2014-15, and total number 365 infringements have been detected in the course of these inspections. 41 prosecution cases have been launched, 10 number of Court cases disposed

68

of by conviction as reported during the year. It is remarkable that the number of court cases disposed of by acquittal by the Court is nil during the year. A total amount of Rs.88,000/- was realized as fine. The number of Court cases pending in different courts at the end of the year was 287. HOUSING ACCOMMODATION FOR WORKERS: From the said 118 Annual Returns received from the Tea Estates/Gardens during the year under report it is found that 519 new houses were constructed and 3162 were adapted to a better state as specified in the West Bengal Plantations Labour Rules, 1956. No. of Tea Gardens where Housing Performance is less than 30% of total requirements at the end of the year March, 2015 is 27. CRECHES: It is found from the Returns submitted by 118 Tea Gardens that 113 tea gardens were maintaining 272 numbers of crèches, wherein 4686 children were reported to have been looked after. Hence, the percentage of tea gardens maintaining creche facility was 96% (approx). BOARDS AND THEIR FUNCTIONS: There are three Boards viz., Housing, Electrification and Medical to advise the State Government about the measures required to be taken to address the grievances of the workers and to review the implementation of the decisions of the Boards regarding their housing accommodation, electrification in and around labour quarters, medical, drinking water and sanitary facilities.

Administration of Labour Laws

Annual Administrative Report under the Plantation Labour Act, 1951 for the year 2014-15 Sl. Particulars No. 1. 2. 3.

Tea

Cinchona

Total

3 -

286 -

-

27

-

69 54 -

3 -

217 365

-

256

-

41

-

10 Nil Nil 287

-

Rs. 88,000/2 2 2 -

17

-

17

-

-

-

14. (i) (ii) (iii) (iv) (v) (vi) (vii)

No. of Registered Garden 283 New Registration during the Year. (attach list) Cancellation of Registration during the year (attach list) No. of Gardens where Housing Performance 27 is less than 30% of the total requirement Total No. of Inspections during the year 69 No. of Gardens inspected once 54 No. of Gardens inspected twice No. of Gardens inspected thrice No. of Gardens inspected more than thrice No. of gardens not inspected 214 No. of infringements detected during 365 the year No. of court cases brought forward from 256 previous year No. of Prosecution Cases launched during 41 the year No. of Court Cases disposed of by Conviction 10 No. of Court Cases disposed of by Acquittal Nil No. of Court Cases disposed of by withdrawal Nil No of Court Cases pending at the end of the 287 year Total amount of fine imposed Rs. 88,000/Employment & Hours of work of general Employment & Hours of work of women Employment & Hours of work of Adolescent Notices, Registers & Returns 2 Health & Sanitation 2 Welfare 2 Others (Housing) -

15.

Total no. of plantations convicted

16.

No. of Inspections u/s 37 A

4. 5. 5 (A) 5 (B) 5 (C) 5 (D) 6. 7. 8. 9. 10. 11. 12. 13.

69

16 8

12

1

Alipurduar Birpara

Kurseong

Kalimpong

Coochbehar 1

1

Grand Total 119

Kalimpong

Cinchona

118

1925

30

Malbazar

Total

1903

16

Jalpaiguri

355

491

5585

20101 8070

32247

20129

14532

7671

4

1396

557756 112577

2000

555756 111181

32582

109792 45707

168646

97159

60931

21

Siliguri

37111

3

13

2

Workers

lation employed

No. of

Popu-

recd.

125

1

124

-

-

3

15 45

28

15

13

5

5

Tals

of

No.

120

2

118

-

-

6

8 58

-

2

9

15

6

-

-

6

15 6

32

11

19

5

8

2007 94

10

1997 94

11

4

27

598 107

637

329

191

93

7

106

-

106

1

1

6

20 7

28

17

18

8

9

Residential

No. of Dcoctor

Saries Beds Visiting

Hospi- Dispen-

Average No. of No. of

Total

Return

183

5

178

1

1

8

38 12

45

21

24

28

10

wives

Mid-

of

No. of

No.

110

3

107

1

1

-

24 7

29

16

22

7

11

116

2

114

-

1

5

20 7

27

15

19

20

12

Ders

ses poun-

Nur- Com-

of

No.

No. of

86

-

86

1

1

6

17 5

23

12

18

3

13

tants

18833

-

18833

372

203

306

1985 596

6513

2743

3925

2190

14

Hospitals

Other

Assis- Sent to

Health Patients

No. of

Statement showing Medical Facilities available to the plantation workers in respect of Tea & Cinchona during the year 2014-15

Darjeeling

1

Region

70

Administration of Labour Laws

The West Bengal Shops and Establishments Act 1963 The basic objectives of the Act along with the rules framed thereunder are compulsory registration of all classes of shops and establishments, recovery of wages, enforcing various provisions like appointment letters to the person employed, maintenance of registers and records by the shopkeepers / employers, enforcing provisions like hours of work and leave of person employed etc. Synopsis of the Act – After annulment of the West Bengal Shops & Establishments Act, 1940 and Bengal Shops and Establishments (West Bengal amendment) Act 1950, The West Bengal Shops and Establishments Act was enacted in 1963 “with a view of eliminating various defects in the existing Act and providing the employees with the additional benefits in the context of changed circumstances”. The Preamble to this Act of 1963 spells that its objective is to regulate holidays, hours of work, payment of wages and leave of persons employed in the Shops & Estanlishments in West Bengal to which the Act has been extended. Applicability - as per Notification no 2185IR Dt- 17.02.2011 of Labour Department, the

application of the Act has been extended to all classes of Shops & Establishments situated all over West Bengal. For the effective implementation of the Act, the Directorate of Shops & Establishments has been merged with the Labour Commissionerate, West Bengal in terms of Labour Department Notification no- 2116GE/G/1’0’-19/11 dt-06.06.2013 read with Notification No 297-GE/GE/G/1’0’-19/11 dt25.02.2014. As per Labour Department memo no 697-GE/G/1’0’-19/11 dt07.04.2014, the merger was made effective from 01.04.2014. All Assistant Labour Commissioners have been declared as Registering Authority and Refree under the Act, for the respective area for which they hold charges as Assistant Labour Commissioner vide Notification no 661-LW/LW/3A-01/2014 DT-22 nd October 2014 and 662-LW/LW/3A-01/2014 DT-22nd October 2014 respectively. All Deputy Labour Labour Commissioner, Assistant Labour Commissionerate have been declared as Inspectors under the Act, for the respective area for which they hold charges vide Notification no 663-LW/LW/3A01/2014 DT-22nd October 2014.

Table A Administration of The West Bengal Shops & Establishments Act,1963

1. 2. 3. 4. 5. 6. 7.

No. No. No. No. No. No. No.

of inspections conducted during the period of infringements detected during the period of infringements brought forward from previous year of infringements let off after compliance of infringements under process at the end of the period of prosecution cases launched during the period of court cases disposed of through (i) Conviction (ii) Acquittal 8. Amount of fine imposed by the Courts

01.04.14 to 31.03.15 5550 5522 807 (Revised) 3340 2699 933 296 ---Rs. 92,400.00

71

TABLE- B B-1: Registration and allied works during the period 1.4.2014 - 31.3.2015. Registration (i) Pending at the beginning of the year (ii) Received during the period (iii) Issued during the period (iv) Pending at the end of the period

Incorporating changes 287 15984 16271 Nil

48 4317 4365 Nil

Renewal of Registration 310 18653 18963 Nil

Winding up of Business 07 341 348 Nil

B-2: Revenue earned during the period from 1.4.2014 - 31.3.2015 Registration

Incorporating

Renewal of Changes

Total Registration

Rs.186908/-

Rs. 692605/-

Rs. 845404/-

Rs. 1724917/-

B-3: Position showing extent of coverage of the Act during the period 1.4.2014 -31.3.2015 1. Total number of Shops & Establishments registered as on date 2. Total no. of persons employed in Shops & Establishments

755417 927594

TABLE C Pay Cases during the period 1.4.2014 - 31.3.2015 Year

No. of Cases No. of Cases No. of Cases Total pending at the received disposed of amount beginning of during the during the realized by the year period period the Referee

01.04.14 to 31.03.15

68 (Revised)

110

37

No. of Cases No. of Cases sent to courts Pending for realization/ amount involved

Rs. 16,33,228/-

7

141

TABLE D

Complaint Cases during the period 1.4.2014 - 31.3.2015 Complaint Cases Received a) Shops – 17 b) Estbs. – 23 Total - 40

72

Disposal of Complaint Cases 1.By way of implementation 12 19 31

2.By way of prosecutions in case of non-compliance 5 4 9

It may be mentioned here that each complaint comprises of violations of more than one section under Shops & Establishments Act -1963

Administration of Labour Laws

Government of West Bengal Labour Department L.W. Branch East India House (2nd floor), 20B Abdul Hamid Street, Kolkata-69

No. 661-LW/LW/3A-01/2014

Dated Kolkata, the 22nd October,2014

Notification In exercise of the power mentioned under Sub-Section 12 of Section 2 of the Shops and Establishments Act, 1963 (Act 13 of 1963) and in supersession of all previous notification in this matter, the Governor is pleased hereby to appoint the persons mentioned in the entries in column (1) of the table below, to be the Registering Authority for the purpose of Section 16 of the Act, and to define the limits shown in the corresponding entries in column (2) thereof within which such Registering Authority shall exercise the powers conferred on him by and under the said Act. Designation of the Registering Officer

Jurisdiction

(1)

(2)

Assistant Labour Commissioner

Respective area for which he holds charge as Assistant Labour Commissioner By order of the Governor (Sital Chandra Mondal) Joint Secretary to the Govt. of West Bengal

73

Government of West Bengal Labour Department L.W. Branch East India House (2nd floor), 20B Abdul Hamid Street, Kolkata-69

No. 662-LW/LW/3A-01/2014

Dated Kolkata, the 22nd October,2014

Notification In exercise of the power mentioned under Sub-Section 2 of Section 14 of the Shops and Establishments Act, 1963 (Act 13 of 1963) and in supersession of all previous notification in this matter, the Governor is pleased hereby to appoint the persons mentioned in the entries in column (1) of the table below, to be the Referees for the purpose of the said Section 14 of the Act, and to define the limits shown in the corresponding entries in column (2) thereof within which such Referres shall exercise the powers conferred on him by and under the said Act. Designation of the Registering Officer

Jurisdiction

(1)

(2)

Assistant Labour Commissioner

Respective area for which he holds charge as Assistant Labour Commissioner

By order of the Governor (Sital Chandra Mondal) Joint Secretary to the Govt. of West Bengal

74

Administration of Labour Laws

Government of West Bengal Labour Department L.W. Branch East India House (2nd floor), 20B Abdul Hamid Street, Kolkata-69

No. 663-LW/LW/3A-01/2014

Dated Kolkata, the 22nd October,2014

Notification In exercise of the power conferred by Sub-Section (1) of Section 19 of Shops and Establishments Act, 1963 (Act 13 of 1963) and in supersession of all previous notification in this respect, the Governor is pleased hereby to appoint the persons mentioned in the entries in column (1) of the table below, to be the Inspectors for the purpose of the said Act, and to define the limits shown in the corresponding entries in column (2) thereof within which such Inspectors shall exercise the powers conferred on them by and under the said Act. Designation of the Registering Officer

Jurisdiction

(1)

(2)

Labour Commissioner, West Bengal Additional Labour Commissioner, West Bengal Joint Labour Commissioner, West Bengal Deputy Labour Commissioner, West Bengal Assistant Labour Commissioner, West Bengal Inspector Under Minimum Wages Act/ Labour Inspecter/Inspector, Agricultural Minimum Wages/Inspecter, Shops and Establishments / Inspector, Trade Unions/ Statistical Investigator or Assistant.

Whole of West Bengal Whole of West Bengal Whole of West Bengal Respective area for which he holds charge as Deputy Labour Commissioner Respective area for which he holds charge as Assistant Labour Commissioner Respective area of the Regional Labour Office (RLO) within which he is posted/ holds charge

By order of the Governor (Sital Chandra Mondal) Joint Secretary to the Govt. of West Bengal

75

The Working Journalists and Other Newspaper Employees (Conditions of Service) And Miscellaneous Provisions Act, 1955 The Working Journalists and Other Newspaper Employees (Conditions of Service) and other Miscellaneous Provisions Act, 1955 is a welfare legislation enacted for the welfare of the Working Journalists and Non-journalists Employees employed in Newspaper Establishments and News Agencies. ’Working Journalist’ means a person, whose principal avocation is that of a journalist who is employed in or in relation to a newspaper establishment and includes an Editor, News Editor, a Leader-Writer, Sub-Editor, FeatureWriter, Copy-Tester, Reporter, Correspondent, Cartoonist, News Photographer and Proof Reader. ’Non-journalist Employee’ means a person employed to do any work in or in relation to any Newspaper establishment. There is a provision in the Act in respect of gratuity, hours of work, leave, fixation or revision of rates of wages for the working journalists. Under the Act, the Central Government, for the purpose of fixing and revision of wages for the working journalists and non-journalist newspaper employees, as and when necessary, constitutes wage Board. The Wage Board can recommend the revised wages with the date from when it would take effect. The Wage Boards are tripartite in character in which representative of workers, employers, independent members participate and finalize the recommendation.

76

In this respect, the recent recommendation on fixation of wages, allowances has been made by the National Wage Board for Working Journalists constituted by the Ministry of

Labour & Employment, Govt. of India vide Notification Nos. S.0.809(E), and 810(E) dt.24th MaY,2007. Another recommendation from National Wage Board for other Newspaper Employees, constituted vide Notification Nos. S.O. 1066(E) and 1067(E) dt.03rd July, 2007 has been made. Both the Statutory Wage Boards had been constituted under the chairmanship of Justice G.R. Majithia, vide Notification Nos. 580(E) and S.O. 581(E) dt.28th February, 2009. The Union Cabinet, after certain corrections, approved on 25.10.2011 the proposal of the Ministry of Labour & Employment to accept the recommendations on the revision of wages and allowances of employees in Newspaper Establishments for working journalists and other newspaper employees. The report classified newspaper establishments into 8 categories and News Agencies into 4 categories based on gross revenues. Main Recommendations of the Majithia Wage Boards : 1. The revised pay comprises of variable pay at the rate of 35 percent for employees working in the first 4 classes of newspaper establishments; 2. The variable pay should be added to the revised basic pay for calculation of all allowances; 3. The rate of neutralization of DA should be 100% of basic pay for calculation of all allowances, 4. The House Rent Allowances should be at the rate of 30%, 20% and 10% and accordingly areas/cities should be classified into three categories i.e. X, Y and Z for this purpose; 5. The Transport Allowance should be 20%, 10% and 5% in the respective areas defined as X, Y and z;

Administration of Labour Laws

6.

Night Shift Allowance should range between Rs. 100.00 and Rs.50.00 for different classes or establishments; 7. The Awards as well as operational DA will be effective from 1st July, 2010; 8. Except as otherwise provided in the Awards, HRA, Transport Allowance, Hardship Allowance or any other allowance prescribed in the Awards shall be effective from the date of Notification of the Awards. Central Government has notified the present recommendations of the Majithia Wage Board vide Notification No. S.O. No.2532 (E) dt.11.11.2011 in the Gazette of India. Accordingly, the Newspaper Establishments are going to implement the wages as recommended. No dispute over non-implementation of the Order based on Majithia Wage Board has been raised to the Labour Commissionerate West Bengal. The Supreme Court of India on 07.02.2014 disposed of the Writ Petition (C) No. 246 of 2011 in the matter of ABP Pvt. Ltd. and AnrsVs Union of India and Ors. All other subsequent petitions filed before the Hon’ble Court. The Apex Court upheld the constitutional validity of the Central Government Notifications dated 11.11.2011 and directed for implementation of the recommendations of the Majithia Wage Boards for journalists and non-journalists of newspapers and news agencies. Shri Shyamal Baran Ray filed a complaint against his employer M/s Press Trust of India, Kolkata for recovery of wages. Upon intervention, Labour Department, Government of West Bengal sanctioned an amount of Rs 1,67,445/- (Rupees One Lakh Sixty Seven Thousand four hundred and forty five only) in favour of Shri Ray. The matter is pending adjudication before the Hon’ble first Labour Court, Kolkata.

The Motor Transport Workers Act, 1961 This Act provides for the welfare of motor transport workers and regulates the conditions of their work. At the time of enactment this Act was applicable to Motor Transport Undertakings employing five or more motor transport workers. Later, by virtue of a Notification No. 1891-I.R. dated 02.05.79 the Act was made applicable to all motor transport undertakings employing less than five but more than one motor transport workers. Again, by a Notification No. 33-LW dated 04.01.84 the Act has been made applicable to any motor transport undertaking employing less than five motor transport workers. The Act prescribes hours of work, wages for overtime work, canteens, rest rooms, supply of uniforms, medical facilities, first aid facilities, issuance of appointment letters to workers etc.. The Act also prescribes registration of motor transport undertakings and renewal of the same. The Additional Labour Commissioner concerned with administration of the Act has been declared as Chief Inspectors and 68 Regional Assistant Labour Commissioners have been declared as Registering Officers under the Act. All the Minimum Wages Inspectors, Labour Inspectors and Agricultural Minimum Wages Inspectors, have been appointed as Inspectors under the Act. Engagement of children below fifteen years of age in any motor transport service has been prohibited under the Motor Transport Workers Act, 1961. The motor transport workers employed in the employment of “Public Motor Transport” which is also a scheduled employment under The Minimum Wages Act, 1948 are entitled to get wages as per Government Notification.

77

The Administrative Report on the Motor Transport Workers Act, 1961 for the year 2014-15 Sl. No. Description 1 No. of Inspections conducted 2 a) No. of infringements detected b) No. of infringements pending disposal at the end of the previous year c) Total No. of infringements handled (a+b) 3 No. of infringements let off after compliance 4 No. of Court cases launched 5 No. of infringements pending disposal at the end of the year 6 No. of Court cases brought forward from the previous year 7 No. of Court cases disposed by way of: a) Conviction b) Acquittal 8 Amount of fine imposed by Court 9 No. of Court cases pending at the end of the year [(4+6)-(7)]

2014-15 64 85 127 (Revised) 212 31 03 176 173 (Revised) 05 Nil Rs. 2100 171

Registrations & Renewals under the Motor Transport Workers Act, 1961 for the year ended 2014-15 Sl. No. 1 2 3 4 5 6 7 8

78

Description 2014-15 No. of new registrations 35 No. of new workers covered by new registration 980 Amount of Registration fees received Rs. 134250 No. of Registrations renewed during the year 61 No. of workers covered by the renewals 317 Amount of renewal fees realized Rs. 13312 No. of amendments done on registration during the year Nil Total amount of amendments and duplicate fees and other fees received Nil 9 Total no. of Registered units at the end of the year 96 10 Total no. of workers covered by the Registered units at the end of the year 4150 11 Amount of Security Deposit during the year Nil but also at the residence of the workmen. The The Beedi and Cigar Workers workers are mostly unorganized and due to (Conditions of Employment) the very nature of the industry the workers Act, 1966. are subjected to various occupational health Beedi making industry is an important hazards. element of the rural economy of our state. This This Act provides for working hours, wages industry has the unique scope for providing for overtime work, interval for rest, spread employment not only at industrial premises over of working hours, weekly day of rest,

Administration of Labour Laws

annual leave with wages and some welfare and health measures like cleanliness, ventilation, sanitation, washing facilities, first aid, creche, canteen etc. for the workers of industrial premises. This Act also provides for the supply of Log Books to all Home Workers for recording supply of raw materials, quantum of Beedis rolled and wages paid by their employers. Home workers have also been allowed to enjoy Annual Leave with wages under the statute. Beedi manufacturing is also a scheduled employment under the Minimum Wages Act, 1948 and accordingly for regulation of wages etc., the provisions of Minimum wages Act are also applicable.

Assistant Labour Commissioners have been appointed as “Competent Authorities” in their respective jurisdiction for granting licence to the industrial premises only. Statute does not provide for covering the home workers under the industrial premises licence. The Minimum Wages Inspectors and Agricultural Minimum Wages Inspectors have been appointed as inspectors under the Act in their respective area of jurisdiction. The Deputy Labour Commissioners who are the Appellate Authorities in their respective jurisdiction under Section 31 (2) of the Act are empowered to hear and decide the cases of discharge, dismissal and retrenchment of the Beedi workers in the hands of their employers.

Administrative Report on the Beedi & Cigar Workers (Conditions of Employment) Act, 1966 for the year 2014-15 Sl. No. 1. 2.

3. 4. 5. 6. 7. 8. 9.

Particulars No. of inspections conducted (a) No. of infringements detected (b) No. of infringements pending disposal at the end of the previous year (c) Total no. of infringements (a+b) handled No. of infringements let off after compliance No. of Court cases Launched No. of infringements pending disposal at the end of the year No. of Court cases brought forward from No. of court cases disposed off by way of (a) Convictions (b) Acquittal Amount of fine imposed by Court No. of Court cases pending at the end of the year [(4+6)-(7)]

2014-15 136 84 42 (Revised) 126 42 03 79 19 (Revised) 05 0 Rs. 1500 17

License and Renewals under the Beedi & Cigar Workers (Conditions of Employment) Act, 1966 for the year 2014-15 Sl. No. 1. 2. 3. 4. 5. 6. 7. 8.

Particulars Number of Licenses granted Amount of Licenses fees realized Number of workmen covered by new license Number of licenses renewed Amount of renewal fees realized Number of workmen covered by renewal Total numberof Licenced units at the end of the year Total number of workers covered by the licenced units at the end of the year

2014-15 03 Rs. 250/130 67 Rs. 7051/3044 399 3174

79

The West Bengal Payment of Subsistence Allowance Act, 1969 This Act seeks to give relief to the employees/ workers placed under suspension by their employers in the form of Subsistence Allowance. The Act specifies the quantum of subsistence allowance to the tune of 50% of their last wages (Basic, Dearness Allowances and certain other amenities) upto first 90 days and 75% thereafter till the entire period of suspension. The process of recovery starts from the application in Form ‘A’ in quintuplicate (5 copies) submitted by the affected person under the relevant Rules. The application is

required to be addressed to the Secretary, Labour Department, Govt. of West Bengal through the Assistant Labour Commissioners spread over the entire state having jurisdiction to act as Conciliation Officers. The applications are heard and a report is submitted to the State Government by the officer concerned through the Enforcement and Law Section of the Labour Commissionerate. If the Applicant is found eligible to get the relief sought for, a certificate specifying the recoverable amount is issued by the Govt. The said certificate is sent to the Collector of the area concerned for recovery in the same manner as an arrear of land revenue.

Statement of Perfoermance under the West Bengal Subsistence Allowance Act, for the year, 2014-15 1. Administrative Report on Applications for Recovery of Subsistence Allowance : (a) (b) (c) (d)

No of cases pending at the beginning of the year No of cases received during the year Total no of cases dealt with No of cases disposed of (i) By way of settlement (ii) On reporting to Govt. recommending issue of Certificate (iii) By otherwise i.e. non-persuasion/non-submission of requisite papers (e) No of cases pending disposal at the end of the year

72 01 73 Nil 01 Nil 72

2. Disposal of certificate Cases under the Subsistence Allowance Act for the year 2014-15

80

(a) (b) (c) (d) (e) (f)

No of Certificate cases pending at the beginning of the year No of cases where sanction from State Govt. received No of certificate cases filed during the year No of certificate cases disposed of during the year No of certificate cases pending disposal at the end the year Amount of meney involved in the court cases

108 01 01 Nil 109 Rs. 4,08,938

Administration of Labour Laws

3. Statement on recovery of dues under theWest Bengal Payment of Subsistence Allowance Act, 1969, to be recovered by the Collectors as arrears of land revenue : Sl. No. Particulars 1 No. of Certificates pending at the beginning of the year 2 a) No of Certificates filed during the year b) Amount of money involved (Rs.) 3 a) No. of Certificates realised during the year b) Amount of money involved 4 No. of Certificates pending at the end of the year

2010 103

2011 104

2012-13 112

2013-14 108

2014-15 108

01

08

04

Nil

01

272208.19

858674.92

324039.25

Nil

408938

Nil

Nil

Nil

Nil

Nil

Nil

Nil

Nil

Nil

Nil

104

112

108

108

109

The Contract Labour (Regulation and Abolition) Act, 1970 This Act is to regulate the employment of Contract Labour in certain establishments and to provide for its abolition in certain circumstances. The Act applies to every establishment in which 10 or more workmen are employed or were employed on any day of the preceding 12 months as contract labour and to every contractor who employs or employed on any day of the preceding 12 months, 10 or more workmen. Under Section 7 of the Act every principal employer of an establishment to which this Act applies, is required, to get his establishment registered under the Act. Under Section 12 , no contractor to whom the Act applies shall undertake or execute any work through contract labour except in accordance with a valid licence issued by the Licensing Officer. The Act also provides among other things some welfare and health measures such as provision of canteen, rest room or suitable alternative accommodation, sufficient supply of wholesome drinking water, sufficient number of latrines and urinals, washing facilities, first aid arrangements etc, and some

other working conditions including regular and timely payment of wages, employment cards to the contract labour. Apart from those regulatory measures, there is also provision for abolition of contract labour system under this Act in particular jobs/processes/operations in an establishment by the State Government, where the State Government is the Appropriate Government under certain circumstances on the advice of the State Advisory Contract Labour Board. All the Assistant Labour Commissioners have been appointed as Registering and Licensing Officers under this Act in their respective regions. Regional Deputy Labour Commissioners have been appointed as Appellate Authorities under this Act.15 posts of Labour Inspectors in different regions including two in Kolkata, have been created to look after implementation of this Act. Besides, all Inspectors appointed u/s 19(1) of the Minimum Wages Act, 1948 have also been empowered to act as Inspectors under this Act. The State Advisory Contract Labour Board has since been reconstituted in 2012 with Minister-in -Charge, Labour Department as Chairman. The said Board is to advise the

81

State Government in the matters of abolition of Contract Labour and certain other general issues concerning this Act. A State Advisory Committee consisting of 12 members from the Association of Principal Employers, Contractors, Workers and the State

Government with State Labour Commissioner as Chairman holds enquiry into the matter relating to abolition of Contract Labour in an Establishment as,and when such matters are referred to it by the State Advisory Contract Labour Board.

Administrative Report on the Contract Labour (Regulation and Abolition) Act, for the year ended 2014-15 Sl. No. 1 2

3 4 5 6 7 8 9

Description No. of Inspection conducted a) No. of infringements detected. b) No. of infringements pending disposal at the end of the previous year c) Total no. of infringements (a+b) handled. No. of infringements let off after compliance No. of Court cases launched No of infringements pending disposal at the end of year No. of Court cases brought forward from the previous year a) Conviction b) Acquittal Amount of fine imposed by court No. of Court Cased pending at the end of the year {(4+6)-7}

2014-15 2277 2541 1340 (Rev) 3881 1578 419 1884 930 (Rev) 103 30 2,73,400.00 1216

No. of Registration Certificates issued to the Principal Employers in the Year 2014-15 1 2 3 1 2 3 4

No. of Registration Certificates issued Amount of registration fees received (Rs) No. of workers involved

448 4,82,48,585

52011

No. of Licences issued under the Act and related figures for the year 2014-15 No of licences issued 6391 Amount of licence fees received (Rs) 6,33,929 Amount of Security Deposit received (Rs) 62,07,155 No of workers involved 83747

No of licences of Contracts under the Act and related figures for the year 2014-15 1 2

No of licence renewed Amount of renewal fees received (Rs)

2503 5,52,730

No of Amendments issued under the Act in the year 2014-15 1 2

82

No of amendments done No of fees received (Rs)

79 1,39,265

Administration of Labour Laws

The Payment of Gratuity Act, 1972 The Payment of Gratuity Act, 1972 is an important social security legislation intended to provide relief to an employee when he is no longer in service under his employer. Its coverage extends to employees engaged in Factories, Mines, Oil fields, Ports, Plantations, Railway Companies, Shops, Establishments, Educational Institutions, Trustees or Societies registered under the Societies Registration Act, I860, or under any other Laws enforced by the State Governments in respect of Societies where 10 or more persons are employed. This Act will continue to apply to an establishment even if the number of employees therein subsequently falls below 10. This Act is a complete code containing detailed provisions when the right to gratuity will accrue, quantification of gratuity amount, recovery of unpaid or less paid gratuity with interest for delayed payment, appeals etc.. Gratuity benefit has been protected from attachment in execution of any decree or Order of any Civil, Revenue or Criminal Court. Gratuity is payable to an employee on termination of his employment, after he has rendered continuous service for not less than five years, on superannuation, retirement or resignation or on death or disablement. Five years of continuous service is, however, not necessary for entitlement to gratuity in case of death or disablement. The amount of gratuity payable to an employee is calculated at the rate of fifteen days’ wages (Basic & Dearness allowance only) per each completed year of service based on the last drawn wages. By an amendment of 2010, the maximum amount of gratuity payable to an employee has been raised to Rs. 10 lakhs with effect from 24.05.2010.

The employee is also entitled to a simple interest of upto @ 10% per annum (vide Notification No. S.O. 874(E) dated 01.10.1987) for delayed payment. Presently in West Bengal, the Act is being administered through an extensive network extended to the remotest part of the State. Assistant Labour Commissioners posted at Regional Labour Offices and at the Headquarters of the Labour Commissionerate have been appointed to act as Controlling Authority under the Act. The Controlling Authority is empowered to decide any dispute as to the admissibility of any claim, persons entitled to gratuity, amount of gratuity and to issue necessary direction. There is also a provision of appeal against the order of the Controlling Authority. Deputy Labour Commissioners in the Regional Labour Offices and in the Headquarters of the Labour Commissionerate have been empowered to act as Appellate Authorities under The Payment of Gratuity Act, 1972. The Controlling Authority is also empowered to issue Certificates for unpaid gratuity to the Collector who shall recover the amount as an arrear of land revenue along with 15% compound interest per annum (Notification No. S.O. 1032(E) dated 01.12.1987) The State Government under Notification No. 718-LW dt. 28.07.1995 has appointed all Minimum Wages Inspectors, Agricultural Minimum Wages Inspectors and Labour Inspectors under Contract Labour Act as Inspectors for the purposes of the Act in relation to all establishments for which the Government of West Bengal is the Appropriate Government under clause (a)(ii) of S. 2 of the Act for the areas within their respective jurisdictions. The Inspectors are authorized by the State Government to file complaints before the appropriate Criminal Court to try any offence against the employers. Stringent penal provisions of a fine of not less than Rs.10,000/ - for each offence has been introduced w.e.f. 01.10.1987 by the Act 22 of 1987.

83

A: Administrative Report on the Payment of Gratuity Act, 1972 for the year 2014-15 Sl Particulars No. 1. No of Inspections conducted 2. (a) No. of infringements detected (b) No. of infringements pending disposal at the end of previous year (c) Total No. of infringements (a + b) handled 3. No. of infringements let off after compliance 4. No. of Court cases launched 5. No. of infringements pending disposal at the end of the year 6. No. of Court cases brought forward from the previous year 7. No. of Court Cases disposed of by way of : (a) Conviction (b) Acquittal 8. Amount of fine imposed by Court (Rs) 9. No. of court cases pending at the end of the year [(4+6) – 7 ].

2014-15 721 587 489 (Rev) 1076 456 01 619 01 (Rev) 01 Nil 10,000 01

B: Administrative Report of the Controlling Authority under the Payment of Gratuity Act, 1972 for the year 2014-15 Sl. No. 1. 2. 3. 4. 5. 6. 7.

Particulars No. of Gratuity cases pending at the beginning of the year. No. of cases received during the year. No. of cases disposed of during the year. {(a+b+c) at Sl. No. 4} (a) No. of cases where direction issued (b) No. of cases dismissed (c) No. of cases otherwise disposed of No. of cases pending at the end of the year Amount of money ordered for payment vide 4(a) Amount of money involved in cases disposed of otherwise

2014-15 1815 (Rev) 778 214 114 30 70 2379 Rs. 7,33,04090 Rs. 4,41,5967

C: Certificate cases before the collector for the year 2014-15 Sl. No.

84

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

Particulars No. of certificate cases pending at the beginning of the year No. of certificate cases filed during the year Amount of money involved (Rs) No. of certificate cases disposed of Amount of money realised through certificate No. of certificate pending at the end of the year

2014-15 653 92 92,08,331 11 10,55,841 734

Administration of Labour Laws

The West Bengal Workmen’s House Rent Allowance Act, 1974 This is a State legislation. Under Notification No. 1264-IR dated 17.7.1996 it applies to the industrial establishments in West Bengal where 20 or more workmen are employed. Originally, it applied to industrial establishments, which employed 50 or more workmen. It has been provided in the Act that once applied, the provision of this Act shall continue to apply to the establishment even if the number of workmen falls below the required minimum. The Act provides for payment of house rent allowance to a workman @ 5% of the wages or Rs. 15/- which ever is higher. Even

temporary, casual or badli workmen rendering services for less than 6 days in a month are entitled to a pro-rata house rent allowance. State government has appointed all the Minimum Wages Inspectors, Labour Inspectors and Agricultural Minimum Wages Inspectors as Inspectors under this Act in their respective areas to enforce this Act and all Assistant Labour Commissioners as Controlling Authorities to hear and decide the claim applications under this Act and issue directions of payment. The Inspectors appointed under this Act have to obtain prior authorization of the State Government for filing complaints before the appropriate court of law for any infringement detected under this Act.

Administrative Report on the West Bengal Workmen’s House Rent Allowance Act, 1974 for the year 2014-15 Sl No. 1 2

3 4 5 6 7

8 9

Description No. of inspections conducted (a) No. of cases where infringements detected (b) No of infringements pending disposal at the end of the previous year (c) Total No. of infringements (a+b) handled No. of infringements let off after compliance No. of court cases launched No. of infringements pending disposal at the end of the year No. of court cases brought forward from the previous year No. of Court cases disposed of by way of : a) Conviction b) Acquittal Amount of fine imposed by Court No. of Court cases pending at the end of the year[(4+6)-(7)]

2014-15 62 17 05 (Revised) 22 17 Nil 05 03 (Revised)

Nil Nil Nil 03

85

The Equal Remuneration Act, 1976 The Equal Remuneration Act, 1976 is an important piece of legislation in the field of women’s welfare and was enacted in obedience to Articles 15(1)16(2) and 39 of the Constitution with a view to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination on the ground of sex, against women in the matter of employment, promotion etc. The State Government has appointed all the Assistant Labour Commissioners as authorities for the purpose of hearing and deciding (1) complaints and (2) claims. Both complaints and claims can be filed before the Authority in Form A&B respectively either by the worker herself or by any legal practitioner or by any Trade Union or by the Inspector under this Act or by any other person acting with the permission of the Authority. The claims so directed by the Authority can be recovered through the Enforcement of Law Section as per Sec.33C (1) of the Industrial Disputes Act, 1947 and the complaints so directed to Labour Commissionerate for removal of contravention, if not complied with, may constitute an offence punishable under Sec.10 of the Act. The State Government has also appointed all the Minimum Wages Inspectors as Inspectors under this Act. The Inspectors may file both claims and complaints before the Authority. They may also

file only complaints ( but not claims) before the appropriate Court of law under sanction of such complaints by the State Government as provided in sec 12(2) of the Act. There is no State Rule under this Act, but the Equal Remuneration Rules, 1976 published in the Gazette of India on 11th Mrach,1976 is followed. The provisions of law have been extended to a number of establishments by different Central Government Notifications starting form 1.1.1976 onwards. A State Level Advisory Committee under the chairmanship of the State Labour Minister has been constituted in December 1996 to review among other things, the scope of increasing employment opportunities for women and other related matters. The State Advisory Committee so far has held three meetings since its reconstitution in 1997 and last such meeting was held on 28.6.99.The State Govt, has recognized 25 Non-Government Organizations (NGOs) under Sec.12 (2) of the Act arming these organizations with the power to lodge complaints in the Courts of Law. The general assessment of the situation regarding payment of equal wages to both male and female workers for the same and similar nature of work is that there exists no such discrimination in major and organized areas. The State machinery including the recognized NGOs are constantly on watch about any such violations in the unorganized areas.

Administrative Report on the Equal Remuneration Act, 1976 for the year 2014-15 Sl. No. Description 1 2

3 4 5 6 7

86

8 9

No. of inspections conducted ( a ) No. of infringements detected (b) No. of infringements pending disposal at the end of the previous year ( c ) Total No. of infringements (a+b) handled No. of infringements let off after compliance No. of Court cases launched No. of infringements pending disposal at the end of the year No. of Court cases brought forward from previous year No of court cases disposed of by way of (a) Conviction (b) Acquitted Amount of fine imposed No. of court cases pending at the end of the year

2014-15 183 53 09 (Revised) 62 07 Nil 53 32 (Revised) Nil Nil Nil 32

Administration of Labour Laws

The Sales Promotion Employees (Conditions of Service) Act, 1976 This Act regulates conditions of service of the Sales Promotion Employees in certain establishments. It applies at the first instance to every establishment engaged in pharmaceutical industry. However the Central Government may by official notification apply the provisions of the Act with effect from the date to be notified to any other establishment engaged in any other industry.

The Act provides for issue of appointment letters and different kinds of leave to Sales Promotion Employees. The Act also entitles Sales Promotion Employees to the benefits provided in the following Acts: (1) The Workmen’s Compensation Act, 1923 (2) The Industrial Disputes Act, 1947 (3) The Minimum Wages Act,, 1948 (4) The Maternity Benefit Act, 1961 (5) The Payment of Bonus Act, 1965 (6) The Payment of Gratuity Act, 1972

Administrative Report on The Sales Promotion Employess (Condition of Service) Act, 1976 for the year 2014-15 Sl No.

Description

2014-15

1

No. of inspections conducted

16

2

(a) No. of infringements detected

16

(b) No. of infringements pending disposal at the end of the previous year

03 (Revised)

(c) Total No. of infringements (a+b) handled

19

3

No. of infringements let off after compliance

05

4

No. of court cases launched

03

5

No. of infringements pending disposal at the end of the year

11

6

No. of Court cases brought forward from the previous year

02

7

No. of Court cases disposed of by way of : (a) Conviction

Nil

(b) Acquittal

Nil

8

Amount of fine imposed by Court

Nil

9

No. of Court cases pending at the end of the year [ ( 4+ 6 ) – ( 7 ) ]

05

87

The Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979 This Act regulates the employment of InterState Migrant Workmen and provides for their conditions of service. The Act is applicable to every establishment in which five or more Inter-State Migrant Workmen are employed or were employed through a contractor on any day of the preceding twelve months. There are provisions for displacement allowance, allowance for journey from and to homes of workmen, residential accommodation, medical facilities etc. for Inter-State Migrant Workmen. The Act also provides for registration of principal employers and licensing of contractors. Under this Act, a contractor who wants to recruit persons in a State for the purpose of employment in some Principal Employer’s

establishment in another State has to get a license for such recruitment in the originating State and again has to get another license for employment in the Principal Employer’s establishment in different States. Obtaining of a license under Contract Labour ( R&A ) Act, 1970 from the State of employment is a precondition for the contractors for submission of application for such a second license under I.S.M.W. (RE&CS) Act,1979. The State Rules under the Act were framed in 1981. All the Assistant Labour Commissioners have been appointed as Registering and Licensing Officers and Deputy Labour Commissioners have been appointed as Appellate Authorities within their respective jurisdiction by the State Government. All Minimum Wages Inspectors, Labour Inspectors and Agricultural Minimum Wages Inspectors have been appointed as Inspectors under the Act.

Administrative Report on the Inter-State Migrant Workmen ( Regulation of Employment & Conditions of Service ) Act, 1979 for the year 2014-15 Sl. No. Description 1 2

3 4 5 6 7

88

8 9

No. of inspections conducted (a) No. of infringements detected (b) No. of infringements pending disposal at the end of the previous year (c) Total No. of infringements (a+b) handled No. of infringements let off after compliance No. of court cases launched No. of infringements pending disposal at the end of the year No. of Court cases brought forward from the previous year No. of Court cases disposed of by way of : (a) Conviction (b) Acquittal Amount of fine imposed by Court (Rs) No. of Court cases pending at the end of the year [(4+ 6)–(7)]

2014-15 131 109 64 (Revised) 173 16 17 140 48 (Revised)

08 Nil 15280 57

Administration of Labour Laws

Registrations, Licenses and Renewal of Licenses under the Act for the year 2014-15 Sl. No. Description 2014-15 1 No. of Registration Certificates issued upto 31.03.2014 70 2 No. of new Registration Certificates issued during the year 07 3 Amount of registraion fees received during the year (Rs) 410 4 No. of workmen covered by registration during the year 80 5 No. of Licenses issued during the year 08 6 Amount of license fees received during the year (Rs) 80 7 No. of workmen covered under license during the year 90 8 Amount of security money diposited during the year due to license (Rs) 90,000 9 No. of licenses renewed duirng the year Nil 10 Amount of renewal fees received during the year Nil 11 No. of workmen covered by such renewals Nil 12 No. of amendments done on Registrations during the year Nil 13 Total No. of amendments fees received Nil family. The Act provides for a Child Labour The Child Labour Technical Advisory Committee for giving (Prohibition & Regulation) advise in the matter of inclusion of any Act, 1986 occupation / process as hazardous in the schedule under the Act. The Child Labour (Prohibition & Regulation) Act, 1986 aims at prohibiting engagement of The Act provides for regulation of conditions children below the age of fourteen in certain of work of children engaged in hazardous occupations and processes and establishments other than those categorized regulating the conditions of service of such as hazardous in relation to hours of work, children engaged in other occupations and health and safety. Under Rule 3 of the West Bengal Child Labour Rules, 1995, every processes. working child is to be provided with The hazardous occupations and processes are opportunities of education. enumerated in the schedule of the Act. Under this Act, any person, police officer or An important addition to this schedule has Inspector may file a complain of commission been made by the Amendment Act of 10th of an offence under this Act in any Court of July, 2006 and Notification Dated 10 th competent jurisdiction. The appropriate October, 2006, wherein engagement of Govt. may appoint Inspectors, who shall be children below 14 years are as domestic Public Servants, for the purpose of securing help/servants, dhabas, restaurants, eateries, compliance with the Act. teashops, hotels etc. have been prohibited. No court inferior to that of a Metropolitan At present there are 16 hazardous Magistrate or a Magistrate of the first class occupations and 65 hazardous processes. shall try any offence under this Act. However, prohibition of engagement of The penal provisions under the Act provides children below fourteen years of age in for imprisonment for a minimum of three hazardous occupations and processes is not months to one year and fine of Rs. 10,000/-to applicable if the same is carried out within a Rs.20,000/-or both.

89

Administrative Report of Child Labour (Prohibition and Regulation) Act, 1986 for the year 2014-15 Sl. No. Description

2014-15

1 2 3

Number of inspections done 645 Number of infringements detected 67 Number of infringement cases pending at the beginning 09 (Revised) of the year 4 Number of infringement cases handled 76 5 Number of infringement cases let-off after compliance 23 6 Number of prosecution cases field 20 7 Number of court cases diposed of by way of conviction 02 8 Number of court cases diposed of by way of acquittal Nil 9 Amount of fine imposed by court (Rs.) 20000 10. Number of infringement cases pending at the end of the year 33 11. Number of prosecution cases pending in courts at the 32 (Revised) beginning of the year 12. Number of prosecution cases pending in courts at the 50 end of the year Building & Other been appointed as Registering Officers under Construction Workers’ this Act in their respective regions. (Regulation of Employment & Condition of All the Deputy Labour Commissioners have Service) Act, 1996 been appointed as Appellate Authorities An Act to regulate the employment and under this Act. Besides, all Minimum Wages condition of service of building and other Inspectors, Agricultural Minimum Wages construction workers and to provide for their Inspectors and Inspectors under Contract safety, health and welfare measures. Labour (R&A) Act, 1970 have been All the Assistant Labour Commissioners have empowered to act as Inspectors under this Act. Administrative Report on the Building & Other Construction Workers’ (RE&CS) Act, 1996 for the year 2014-15 Sl. No.

1. 2.

3. 4. 5. 6. 7.

90

8. 9. 10. 11. 12 13

Particulars

2014-15

No. of inspections conducted 461 (a) No. of infringements detected 481 (b) No. of infringements pending disposal at the 342 (Rev) end of the previous year/month (c ) Total No. of infringements (a + b) handled 823 No. of infringements let off after compliance 359 No. of Court cases launched 49 No. of infringements pending disposal at the end of the year/month 415 No. of Court cases brought forward from the previous year/month 43 (Rev) No. of court cases disposed of by way of a) conviction 01 b) Acquittal Nil Amount of fine imposed by court (Rs) 3000 No. of Court cases pending at the end of the year/month {(4+6)-7} 91 No. of claim cases brought from the previous year Nil No. of claim cases disposed of during the year Nil No. of claim cases pending at Courts at the end of the year Nil Amount of money ordered for payment vide sl. no. 11 Nil

FAWLOI

(iv) Financial Assistance to the Workers of Locked-out Industrial Units (FAWLOI) Government of West Bengal inititated a scheme to provide financial assistance to the jobless workers. The eligibility criteria was that the factory should have been under closure/suspension of work/lock out for more than a year. Initially, the amount of money to be given to each worker was fixed at Rs. 500/-per month. Year 2011-12 2012-13 2013-14 2014-15

No. of Units 222 208 198 197

No. of workmen benefited 30,113 19,393 16,730 17,308

The same has been enhanced to Rs. 1500/per month at present. The beneficiaries also get one time Id/Puja ex-gratia, At present, the rate of this has been enhanced from 1000/to 1500/- per year. A detailed statement of payment of financial assistance to the workers of locked-out industrial units during the year from 2011-12 to 2014-15 is shown in the table: Amount paid (Crore) 70.64 39.25 34.95 37.51

Amount paid (Crore) 48.36 34.98 31.88 34.43

List of Units Covered Under the Scheme FAWLOI During the Financial Year 2014-15 Sl. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

Name of the Unit Amic Industries Pvt. Ltd. Aspirin Engineering Exports Pvt. Ltd. Ramsarup Utpadak Bengal Enamel Works Ltd. Swan Mills Ltd. Mohini Mills Ltd. Kusum Engineering Co. Ltd. IMA Pvt. Ltd. Pibco Ltd. Bengal Cylinder & Containers Ltd. Oxide India Ltd. M/S B.O.G.L Durgapur Refractories Silicate & Glass Pvt. Ltd. Vax Institute Laboratory Pvt. Ltd. Appex Pharmacuticals Pvt. Ltd. Indian Lead Pvt. Ltd. Arambag Paper Mills Him Containers Ltd. Sri Krishna Co. Ltd. Krishna Lamination Ltd. Bokaro Strip Mills Ltd.

Name of the RLO Barrackpore do do do do do do Durgapur do do do do do Barasat do do do Arambag Haldia Howrah do do

No. of Beneficiaries 01 05 160 21 78 115 01 01 30 37 63 35 01 57 10 29 51 105 238 15 2 27

91

Sl. No.

92

23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67

Name of the Unit Bharat Steel Wires Co. Ltd. Hi-tech Fastners Ltd. Indian Cardboard Box Mfg. Ltd. India Machinery Co. Ltd. Indo Japan Steel Pvt. Ltd. Sanjay Glass Industries Ltd. National Screw Pvt. Ltd. Oyesters Packagers Ltd. Remington Rand Ltd. Tirupati Stamping Pvt. Ltd. Therm Steel Industries Ltd. RSI Ltd. (Unit-2) Raghab Woodlum Ltd. Ashok Steel Kajaria Yarns Bowreah Cotton Mills Co. Ltd. Anantapur Textile Ltd. Annapurna Powerloom Factory Pvt. Ltd. Siddeswari Powerloom Factory Pvt. Ltd. Bengal Powerloom Factory Pvt. Ltd. Anantapur Powerloom Factory Pvt. Ltd. Fortgloster India Ltd. Uluberia Powerloom Co-op Society Uluberia Tant Samabay Samity Shine Up Fibres Dunlop India Ltd. People Papers Ltd. Sree Durga Boards Mills Ltd. Bandel Ceramics Pvt. Ltd. P.K. Iron Pvt. Ltd. East End Paper Industries Ltd. Kesoram Spun Pipes & Foundries Ltd. Eastern Roofings Ltd. N.K. Steel Ltd. Durgapur Maleables Pvt. Ltd. India Foils Ltd. India Water Roofing Eastern Papers Sun Enterprise Saha & Co Anand Metal Factory Ltd. EAP Industries Ltd. Bharati Printing Works Ltd. Sunil Industries Ltd. Usha Automobiles Engg. Ltd.

Name of the RLO

No. of Beneficiaries

do do do do do do do do do do do do do do do Uluberia do do do do do do do do do Chandannagar do do do do do do do do do do Kolkata North do do do do do do do do

20 24 07 45 212 71 02 22 44 08 14 130 07 67 593 954 500 01 06 05 06 538 28 15 75 889 92 06 23 20 28 251 32 11 157 71 01 02 02 17 01 15 12 09 18

FAWLOI

Sl. No. 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112

Name of the Unit Angello Brothers Ltd. Everest Pharmacuticals (P) Ltd. Sarat Textile Ltd. Durgapur Maleables Pvt. Ltd. Metal Complex Ltd. Vinar Ltd Amrita Bazar Patrika Jugantar India Ltd. Eagle Lithographing Pvt. Ltd. Bhagabati Iron Industries Shree Durga Rolling Mills C.D. Cold Drinks Pvt. Ltd. Small Tools MFG. of India Birla Corporation Soorah Jute Ltd. Sattajug Publications Pvt. Ltd. Koley Biscuits Dwarka Industrial Development Process & Print United Vegetables India Jute (Carpet Div) Kusum Products R.K. Agarwal India Jute (Textile Div) Super Forgine Nipha Steel Rishra Steel East India Oil Corp Agarwal Steel Saktigarh Textiles PEC Engineering The Champdani India Ltd. Cristal Chemicals Pvt. Ltd. Viga Sports Bansal Food Products Ltd. Subarban Engg. Works Pvt. Ltd. Elemach Engg. Pvt. Ltd. TMT Engineering Vijay Industrial Works Rolls Spin (Packagers) Ltd. Manac Coil Pvt. Ltd. Marine Delight Engg. Pvt. Ltd. Bhaskar Engineering Auto Polyplast Card Board & Paper Products Ltd. Bengal Lamp Ltd.

Name of the RLO

No. of Beneficiaries

do do do do do do Kolkata Central do do do do do do do do do do do Serampore do do do do do do do do do Burdwan Kolkata South do do do do do do do do do do do do do do do

68 03 09 06 11 03 35 29 37 01 02 07 05 282 05 05 03 01 25 98 01 02 86 204 40 62 08 01 338 25 05 07 04 19 24 04 05 02 05 08 10 07 28 43 45

93

Sl. No.

94

113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157

Name of the Unit American Refrigerator BMG Pharmacuticals Ltd. Steel & Allied Ltd. Telerama India Ltd. Stitch Art Export Pvt. Ltd. Bharat Mergarin Ltd. Usha Atlas Hydrolic Pioneer Industrial works Ltd. Poisa Industrial Co. Ltd. Micro Accessories Ltd. Poddar Projects Ltd. R.A. Food Products Quality Pharmacuticals Pvt. Ltd. Rich Nutri Food Products Pvt. Ltd. Perfect Biscuits Meri Time Engineering Pvt. Ltd. Hindustan Engineering Carews Pharmacuticals Das Refrographics Dasani Electrics Birla DLW Jenson & Nicholson Metal Box Premier Industrial Raj Engineering Ancilliary Suppliers Kesoram Industries Ltd. Machinery Manufacturing Crop Cabin Corporation Indian Capacitors Senbo Industries Agarwal Steel Small Tools Mfg. Co. Srestha Paper Mills Bama Metal Industries S. P. Pigments Hooghly Mills Projects Ltd. Baishali Multilayers Pvt. Ltd. Cellulose Containers Pvt. Ltd. Eastern Explosives & Chemicals Hindustan Coconut Oil Patel Nagar Fabrics Chandra Oil Himalyan Rubber Products Papirus Paper

Name of the RLO

No. of Beneficiaries

do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do Krishnagar Kalna do Asansol do Bankura do Suri do do do Kalyani do

65 25 07 47 87 82 60 73 98 85 238 75 21 105 43 09 233 34 11 03 37 18 02 23 04 13 604 64 01 03 36 05 14 50 06 145 895 27 12 155 18 05 22 107 159

FAWLOI

Sl. No. 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197

Name of the Unit Kanoria Wisconsin Containers & Caps Somani Ferro Kalyani Ceramics Ortho Pharma Pvt. Ltd. Medidrips India Ltd. U. Chemicals Industries Deepjay Ltd. Nadia Textile Sunshine Ply Wood Arjee Industries W.B. Wire Industries Sen & Pandit Poddar Udyog Sing Alloy Steel Pec Boilers Ltd. Zenith Alloys & Steel Eastern Gelatin Pvt. Ltd. Jenson & Nichelson Steinhaus (I) Pvt. Ltd. Gouripur Co. Ltd. Ramswarup Utpadak Murshidabad Roller Mills Dheklepara T. E. Bandapani T. E. Ringtong T. E. Dharanipur T.E. Premier Timbers Raipur T.E. Red Bank T.E. Surendra Nagar T.E. Onkar Rolling Mills Duplex Board Pvt. Ltd. Kulik Paper Industries Pvt. Ltd. Purulia Steel Modern Refractories Bajaj Chemicals Unnayak Pole Sreema Rooler Anand Bihar Cold Storage

Financially Assisted Nominees of deceased Workers Grand Total

Name of the RLO

No. of Beneficiaries

do do do do do do do do do do do do do do do do do do do do do do Berhampore Birpara do Darjeeling Malbazar Jalpaiguri do do do Malda Siliguri Raiganj Purulia do do do do Midnipur Total

31 15 133 15 23 17 13 20 01 19 07 18 01 35 27 22 42 23 184 08 302 132 15 422 973 285 315 19 534 746 245 27 24 101 151 106 79 35 18 11 16771 537 17308

95

(v) Social Security Schemes for Workers in the Unorganised Sector Why Do We Need Social Security? (a) Social Security protects not just the subscriber but also his/her entire family by giving benefit packages in financial security and health care. (b) Social Security schemes are designed to guarantee at least long-term sustenance to families when the earning member retires dies or suffers a disability. (c) The main strength of the Social Security system is that it acts as a facilitator - it helps people to plan their own future through insurance and assistance. What does it mean by Social Security? Social security is the protection provided by a society for its members against (i) sickness, (ii) maternity, (iii) employment injury, (iv) unemployment, (v) invalidity, (vi) old age, and (vii) death. In the India context, Social Security is a comprehensive apprach designed to prevent deprivation, assure the individual of a basis minimum income for himself and his dependents and to protect the individual from any uncertainties. x The State bears the primary responsibility

for developing system for providing protection and assistance to its workforce.

96

x Social security is increasingly viewed as an integral part of the development process. It helps to create a more positive attitude to the challenge of globalization and the consequent structural and technological changes.

The unorganized sector on the other hand is characterized by ( a ) lack of labour law coverage, ( b ) seasonal and temporary nature of occupations, ( c ) high labour mobility, ( d ) dispersed functioning of operations, ( e ) casualization of labour, ( f ) lack of organizational support, ( g ) low bargaining power, etc. The term ‘unorganised labour’ has been defined workers who have not been able to organise themselves to pursuit of their common interests due to certain constraints like casual nature of employment, ignorance and illiteracy, small and scattered size of estabilshments, etc. In general, unorganised workers are observed to be large in numbers, suffering from cycles of excessive seasonality of employment, scattered and fragmented work and poor place and poor in working conditions The nature of work in the unorganized sector varies between regions and also between the rural areas and the urban areas. i. In the rural areas it comprises of landless agricultural labourers, small and marginal farmers, share croppers, persons engaged in animal husbandry, fishing, horticulture, beekeeping, toddy tapping, forest workers, rural artisans, etc. ii. In the urban areas, it comprises mainly of manual labourers in construction, carpentry, trade, transport, communication etc. and also includes street vendors, hawkers, head load workers, cobblers, tin smiths,garment markers etc.

Social Security Schemes

Social Security Schemes and the State Labour Depertment At present social security for almost all workers in the unorganized sector has gained high priority of the State Labour Depertment. With an aim to reach out and support the workers in unorganized sector, the State Labour Depertment has been implementing the following Social Security Schemes for the workers in the unorganized sector:

a ) State Assisted Scheme of Provident Fund for Unorganized Workers (SASPFUW) b ) West Bengal Unorganised Sector Workers’ Health Security Scheme c ) Social Security Scheme for Construction Workers d) West Bengal Transport Workers Social Security Scheme e ) West Bengal Beedi Workers’ Welfare Scheme

97

a) State Assisted Scheme of Provident Fund for Unorganised Workers (SASPFUW) x The Scheme was introduced in the year x

x

x

x

2001 and is wholly funded by the State Government All wage employed & self-employed workers between the age of 18 & 60 in the 46 unorganized industries & 12 selfemployed occupations in the State of West Bengal and having an average family income of not more than Rs. 6500/-per month are eligible to be coverred under the Scheme. Each eligible worker is to contribute a sum of Rs. 25/-per month and the state Goverment gives an amount of Rs. 30/against worker’s contribution. The State Government also bears the interest payable annually at the rate at which interest is allowed on deposit under the General Provident Fund by the Government from time to time. On attainment of the age of 60 years, or discontinuance as a subscriber under the

scheme or in the event of the account becoming inoperative due to death, the total cumulative amount along with interest will be refunded to the workers, or to his/ her nominees. x A subscriber will be allowed one withdrawal of Rs. 1000/-provided he/she has made 48 months contributions and he/ she has Rs. 2500/- in his/her credit. The amount may be paid to him/her by cheque. x The account of a subscriber will be automatically closed if he/she does not make any contribution continuously for three financial years provided that such account shall be recived by the Regional Labour Welfare Commissioner (RLWC) i.e. ALC W.e,f. current financial year on an application made by the subscriber stating reasons for such non-payment and found to be sufficient by such RLWC. No arrear contribution shall, however, be allowed x The scheme is administered by the West Bengal Unorganised Sector Workers’ Welfare Board constituted under subsec.(1) of Sec. 4 of West Bengal Unirganised Sector Workers Welfare Act, 2007.

Table-I Year-wise progress under ‘SASPFUW‘ upto 31.03.2015 Sl. Financial No. Year

98

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15.

2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 2014-2015 TOTAL

Number of Subscribers enrolled 0 107036 324201 104424 72340 75480 159774 230378 306195 346827 641914 585284 742937 753149 642099 50,92,038

Amount collected as Subscription (Rs.) 0 2202340 49358920 75264460 88958640 90103900 111364960 149510800 167961200 236373360 286548660 437054980 480668495 823514335 812184540 381,10,69,590

Matching Contribution Deposited (Rs.)

No. of case of Final payment

Amounts disbursed (Rs.)

24791400 60636460 109499660 123819560 108591840 141883220 153781870 134426000 284524090 399910000 473690000 860000000 1182689930 405,82,44,030

No final payment was made during 2001-2007 6226 9196 8511 13111 20361 14119 31747 19159 1,22,430

12713729 12264458 18893859 32917635 51905008 40680137 98490735 80562600 34,84,28,161

Social Security Schemes

Table-II District-wise Cumulative Report under SASPFUW upto 31.03.2015 Sl No. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

Namr of No of the Enrolment Districts II III Jalpaiguri Alipurduar Coochbehar Darjeeling Uttar Dinajpur Dakshin Dinajpur Malda Murshidabad Nadia North24 pgs. Kolkata South 24pgs Howrah Hoogly Burdwan Birbhum Bankura Purulia Paschim Medinipur

Amount Collected as subscription (Rs.) IV

Amount deposited to the Treasuries Govt. Interest Match (Rs.) Grant V VI

Final Payment No. of Cases VII

Amount disbursed (Rs.) VIII

Achievement during 2014-15 IX

89274 68262 139817 79789

42873790 48925225 74060990 54768355

38,17,420 64,21,616 48,97,244 63,19,224

3012420 5271616 3965244 5166224

5435 3417 3018 2238

11295923 9356516 6952529 5883396

9534 7307 20538 10682

113892

47262850

29,94,863

2379863

3903

8171208

21497

115486 289075 350853 373800 528639 129863 512672 376845 317989 354961 143869 157453 134034

82461250 248708850 229656790 285529820 378852180 69890790 438648560 316959970 248829935 291713865 108196410 131569725 70192720

60,52,416 1,47,19,972 1,92,52,530 3,25,10,965 5,97,02,336 58,69,813 4,26,89,570 3,24,66,588 1,77,90,216 2,99,59,616 1,08,55,168 1,66,60,427 43,59,604

5102416 11519972 15999530 26942965 49763336 4719813 29964570 25706588 14157216 23224616 8678168 13618427 3336604

1314 6764 7521 8508 13280 4487 15881 9361 5516 10721 2084 5209 1019

3435391 18768491 18158396 150769769 45179177 13064201 43696287 28226356 17827847 29203231 6052990 16771533 2795162

12755 52234 52475 53696 47995 12106 62255 39324 36170 33044 16680 16568 20604

246326

159629885

1,61,42,287

12952287

4440

12114756

39801

569139

482337630

4,04,65,697

33465697

Purba Medinipur Total

25017064

76834

1,22430

47,27,40,223

6,42,099

4449939 2998885050 2875554100 29897572 6,42,099 81,21,84,540118,26,89,930 75000000 5092038 3811069590 4058244030 373947572

103271 19159 122430

50,92,038 381,10,69,590 405,82,44,030 37,39,47,572

8314

Progress at a Glance ( i ) Up to 31st March, 2014 (ii) Progress during 2014-15 (iii)Up to 31st March, 2015

Activities performed under Computerization of SASPEFUW records upto 31/09/2015 x Development of a Web Based Application is complete. On-line registration of beneficiaries and posting of transaction data started. x The application has undergone STQC audit and hosted on 1.9.2011 at West Bengal State Data Centre under IT

267865561 204874662 472740223

Department.

x Upto 31/03/2015 more than 42,29,165 of backlog Data (Form-1) and about 2,09,26,579 transaction data (From-IV) have been uploaded on the server. The rest of uploading activity is in progress. x Distribution of system generated Account Slips to the beneficiaries covered under SASPFUW have started. x Data stored in the server are also being

99

used for preparation and updating of Samajik Mukti Card. x In addition to many other features, the application software has the capactity to track the defaulters under SASPFUW so that they can be brought back.

SAMAJIK MUKTI CARD The Government of West Bengal is marching ahead with the people-centric mission of Social Security. The unorganised sector workers covered under SASPFUW are getting special smart cards called ‘SAMAJIK MUKTI CARD’. Smart Card (with 32 KB memory electronic chip) based solution for Samajik Mukti Card will bring immense benefits : 1. An online web based application in connection with administration of SASPFUW Scheme is already fully functional. 2. “Samajik Mukti Card” can be used by an unorganized worker at any of the 67 Regional Labour Offices (R.L.O) at districts

and Subdivisions as well as in all 480 Labour Welfare Facilitation Centres (L.W.F.C) in blocks and Municipalities. 3. All such offices are provided with computer along with Card Reader / Writer. The card could be read and updated from any RLO or LWFC with the help of Card Reader/ Writer. On swapping the card, the required information will be seen on computer screen. 4. The card reader/writer system will be connected to the central server maintained at SDC for accessing latest transaction data in respect to the beneficiary. Once transaction is made and/or benefits are availed by a worker, it will be automatically updated and shown in the computer screen. Hon'ble Chief Minister, West Bengal launched the issue of ‘Samajik Mukti Cards’ to the unorganized sector workers on 26.07.2012 at Netaji Indoor Stadium, Kolkata.

District wise status report on preparation of Samajik Mukti card upto 31.03.2015

100

Sl. No

District

No. of Cards received in 2012-13

No. of cards recevied in 2013-14

No. of Cards received in 2014-15

Total No. of Cards received up to 31.03.15

1

Darjeeling

2537

20844

27456

50837

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

Uttar Dinajpur Dakshin Dinajpur Malda Jalpaiguri Cooch Behar Hooghly Birbhum Bankura Burdwan Purulia Murshidabad Nadia North 24 Parganas South 24 Parganas Howrah Paschim Medinipur Purba Medinipur Kolkata

1077 1015 3435 1274 662 4309 2887 2870 17054 1296 1606 10859 4521 3311 13404 1404 1023 151

9741 20403 39568 24481 19418 73169 23661 30276 54776 11972 58791 67518 55907 70288 45163 44819 50238 29563

36289 35891 68794 56920 65909 140587 49367 57455 152775 37065 116956 111522 300011 259759 204957 109694 212778 75750

47107 57309 111797 82675 85989 218065 75915 90601 224605 50333 177353 189899 360439 333358 263524 155917 264039 105464

Total

74695

750596

2119935

2945226

Social Security Schemes

b) The West Bengal Unorganised Sector Workers Health Security Scheme The workers who have been enrolled under SASPFUW and who have paid their contributions regularly for last two years, are covered under the scheme. Under the scheme i ) A beneficiary is now entitled to get financial assistance upto Rs. 10,000/- only per annum. On account of hospitalization for not less than five days.The benefits to be provided for (a) clinical tests- full (b) cost of

medicine-full (c) assistance for hospitalization- Rs. 1,000/- for the 1st 5 days and additional amount of Rs. 100/- per day for remaining days. Claims shall be admissible if the hospitalization is made in a Government hospital only. ii) A nominee of a beneficiary under SASPFUW is entitled to a relief of (a) Rs. 1,50,000/- only in cases of death of the beneficiary arising out of an accident and (b) Rs. 50,000/- only in cases of normal death of the beneficiary.

Table-1. District-wise Cumulative Progress Report on WBUSW Health Security Scheme upto to 31.03.2015 Sl No

I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

Name of the District

Medical Benefit

Natural Death

Accidental Death

No of cases

Amount No Amount No Amount Disbursed of Disbursed of Disbursed (Rs) cases (Rs) Cases (Rs) II III IV V VI VII VIII Jalpaiguri 5 49502 99 4950000 21 3150000 Alipurduar 4 17780 40 2000000 2 300000 Cooch Behar 33 213955 116 5800000 9 1350000 Darjeeling 52 319588 139 6950000 14 2100000 Uttar Dinajpur 25 190205 174 8700000 1 150000 Dakshin Dinajpur 26 113565 105 5250000 9 1350000 Malda 93 606997 523 26150000 17 2550000 Murshidabad 15 84947 220 11000000 8 1200000 Nadia 64 368333 258 12900000 27 4050000 North 24 pgs. 37 238788 252 12600000 24 3600000 Kolkata 56 385886 90 4500000 4 600000 South 24 pgs. 166 1000990 545 27250000 30 4500000 Howrah 149 848192 391 19550000 33 4950000 Hoogly 62 365252 214 10700000 27 4050000 Burdwan 41 207138 420 21000000 34 5100000 Birbhum 36 171125 132 6600000 16 2400000 Bankura 63 261457 229 11450000 16 2400000 Purulia 38 183830 138 6900000 12 1800000 Paschim Medinipur 130 713473 338 16900000 48 7200000 Purba Medinipur 23 190898 272 13600000 52 7800000 Total 1118 6531901 4695 234750000 404 60600000

Up to 31st March, 2014

467

Progress at Glance 2708040 1172

58600000

109

Scheme Total No Amount of Disbursed cases (Rs) IX X 125 8149502 46 2317780 158 7363955 205 9369588 200 9040205 140 6713565 633 29306997 243 12284947 349 17318333 313 16438788 150 5485886 741 32750990 573 25348192 303 15115252 495 26307138 184 9171125 308 14111457 188 8883830 516 24813473 347 21590898 6217 301881901 16350000

1748

Progress during 2014-15

651

3823861

3523

176150000

295

44250000

4469

Up to 31st March, 2015

1118

6531901

4695

234750000

404

60600000

6217

101

c)

Social Security Schemes for Construction Workers

x Under the scheme, a worker in the age

group of 18-60 years and who has been engaged in any building or other construction work for not less than 90 days during the preceding twelve months is eligible for enrolment under the scheme. x At present, a worker is required to pay a

sum of Rs. 30 in a year. x The scheme was introduced in 2006. x Under the scheme, the following benefits

are provided to the registered construction workers or their families:

Benefits

Amount (in Rs.)

Assistance for accident For treatment For disablement Monthly pension For beneficiary Family Assistance for death Natural Accidental Assistance for education Reading in Class XI Reading in Class XII Reading in BA/BSC/B.COM Medical/Engineering

10000/50000/750/375/50000/150000/4000/5000/8000/30000/-

Assistance for treatment per annum For medicine & physical test of major aliments 20000/-(maxi) For surgery 60000/-(maxi) T.B. 6000/Maternity benefit Childbirth (Twice) Miscarriage (Twice)

6000/6000/-

Other welfare measures Invalid pension(monthly) funeral assistance

750/3000/-

Assistance for marriage self (Once) 10000/Children (Twice) 10000/Purchase of Cycles 3000/Purchase of tools 2000/Purchase of sepctacles 500/Birth of girl child 10,000/Hearing Aid 5000/- (maxi) Housing Loan Upto Rs. 50,000/-

102

Refund of subscription with interest on maturity/death/unwilling to continue membership

Social Security Schemes

Table-I District-wise Cumulative Report on the Scheme under Building & Other Construction Worksers’ (RE&CS) Act upto 31.03.15 Sl Districts BeneficiNo. aries Registered

I

II

III

Beneficiary Regn. Fees.& Subscription

Estt. Regn. Fees (Rs.) Estt. Regd.

IV

V

VI

Jalpaiguri

81,691

8,541,590

1,150

577,000

2

Alipurduar

40,097

2,991,680

438

226,500

3

Coochbehar

63,947

7,411,320

3,479

1,961,480

4

Darjeeling

53,849

5,929,450

3,163

5

Uttar 98,027

11,450,235

42,978

6

Nos. of Amount Benefit Disbursed Disbursed (Rs.)

Received (Rs.)

1

Dinajpur

Amount of Cess

VII 212,515,824

VIII

IX

101,470

194,812,937

11,354

30,183,977

134,272,144

32,375

77,584,670

849,000

618,335,949

44,174

116,997,130

813

416,000

174,069,935

36,815

86,501,182

5,097,802

644

337,300

103,650,360

36,160

96,390,907

Dakshin Dinajpur

7

Malda

197,302

30,611,740

1,494

789,000

204,203,920

140,881

739,164,273

8

Murshidabad

195,974

32,256,430

363

246,000

217,160,577

81,260

301,567,529

9

Nadia

286,306

30,335,450

614

331,500

444,110,012

67,602

296,130,692

10

North24 pgs.

121,033

23,673,284

2,461

1,450,000

1,083,526,254

31,287

86,698,715

11

Kolkata

65,858

5,222,730

1,119

1,100,500

2,489,646,185

56,679

91,582,205

12

South 24pgs

248,694

41,224,230

838

518,500

341,066,536

129,471

338,527,968

13

Howrah

86,075

19,849,001

1,078

531,000

193,255,076

22,295

63,350,270

14

Hoogly

59,295

8,279,389

1,397

759,500

221,973,410

23,708

60,970,566

15

Burdwan

114,715

42,706,083

489

559,500

740,002,610

48,453

135,884,737

16

Birbhum

129,591

11,808,080

402

217,000

207,672,273

43,894

93,282,803

17

Bankura

43,550

5,213,270

489

261,500

123,114,070

24,428

60,320,861

18

Purulia

42,657

5,103,545

199

165,500

245,104,412

26,304

74,090,921

19

Paschim 117,166

24,099,355

511

337,500

297,499,727

114,118

272,322,887

201,171

50,273,236

620

395,450

610,423,544

72,629

190,517,940

2,289,976

372,077,900

21,761

12,029,730

Medinipur 20

Purba Medinipur Total

8,661,602,818 1,145,357 3,406,883,170

Progress at Glance Progress Report Upto 31.03.2014

1,496,239

244,517,698

19,369

10,874,600

6,287,928,755

573,878 1,539,570,502

793,737

127,560,202

2,392

1,155,130

2,373,674,063

571,479

1,867,312,668

2,289,976

372,077,900

21,761

12,029,730

8,661,602,818

11,45,357

340,68,83,170

Progress during the Current Year Process Report Upto 31.03.2015

103

Table -II Year-wise progress report on BOCWA (Upto March, 2015) Financial year 2005-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14

Beneficiary Enrolled 23445 23197 25384 44757 155087 258076 394177 572116

2014-15 Total

Cess Collected (Rs.) 22525815 230557173 526703734 717738157 963798935 1047782884 1170749585 1608072472

793,737 22,89,976

No. of Benefits disbursed 01 53 151 532 6847 32346 150362 383586

2,373,674,063 866,16,,02,818

571479 11,45,357

Amount disbursed (Rs.) 640 201341 469988 2212836 12785789 87193644 382601449 1054104815 1539570502 1,867,312,668 340,68,83,170

Table-III Cummulative Report on distribution of benefits under BOCWA upto 31.03.2015

104

Name of the Benefit

Benefit Claimed U/R

No.of Bebeficiary

Amount involved

No.of Bebeficiary

Amount involved

I

II

III

IV

V

VI

Accident Benefit Disablement Benefit Death Benefit Accidental Death Normal death Pension Benefit H. B. advance Educational Benefit Medical benefit Maternity Benefit Other Welfare Assistance Cycle Funeral Tools Spectacles Family Pension Refund of Subscription Invalid Pension Marriage Total

274

Upto 2013-14

During 2014-15

Total (upto 31.03.2015) Nos. of Amount Beneficiary involved(Rs.) VII

VIII

742

454800

265

887587

1007

1342387

3

150000

6

300000

9

450000

44 5412 38 0 78443 5787 1367

6250000 158775000 328010 0 253565687 22892671 6782443

20 5135 53

3000000 256750000 958730

34055 1209 2585

194522000 18250158 24969000

64 10547 91 0 112498 6996 3952

9250000 415525000 1286740 0 448087687 41142829 31751443

141480 5061 307192 21888 0

430436929 15183000 578213370 10887967 0

199894 5185 282988 18254

599678319 15555000 565976000 9127000

341374 1030115248 10246 30738000 590180 1144189370 40142 20014967 0 0

4680 5785874 16 213000 17134 171340000 571479 1867312668

6224 12671499 18 228000 2209 220090000 1145357 3406883170

275 276 277 279 280 281

282

1544 6885625 2 15000 4875 48750000 573878 1539570502

Social Security Schemes

d)West Bengal Transport Workers’ Social Security Scheme, 2010 Background The Government of the India enacted the Unorganised Workers’ Social Security Act, 2008 (no 33 of 2008) on 30.12.2008. In terms of Sub-Section (1) of Section 6 of the said Act, the Government of West Bengal in the Labour Department constituted the West Bengal State Social Security Board vide Notification No. 1025-IR dated 06.11.2009. The Board recommended for adopting of a scheme for the social security of the transport workers of the State and accordingly, the scheme under the name of West Bengal Transport Workers’ Social Security Scheme, 2010 was introduced under Labour Department, I.R. Branch Resolution No. 907IR/Ei/1-A-4/10 dated 13th August 2010. Hon’ble Chief Minister West Bengal announced some new benefits at the “Welfare Meet Together” held on 12.02.2015 at Nazrul Mancha, Kolkata. Based on her announcement the West Bengal State Social Security Board made some amendments vide Labour Department, IR Branch Notification No.183-I.R/Eil/1-A-01/10 dated 16th February 2015. Scheme in Brief The Scheme extends to the whole of the State of West Bengal. It applies to all unorganised workers engaged in automobiles used for commercial purposes, namely, cars, taxies, luxury taxis, light commercial vehicles, vans, autorickshaws, tempos, lorries, trucks, bus etc. or by whatever name called than those solely owned by an individual for his personal or family use. “Transport worker” means an unorganized worker who has completed 18 years of age

but has not completed 60 years of age and to whom this scheme applies. ‘Family’ relating to a beneficialry shall be deemed to consist of the beneficiary, his/her spouse, son up to 21 years of age, unmarried daughter, if residing with the beneficiary, dependent parents, the widow and children of a deceased son. How to Enrol A transport worker willing to join the scheme shall apply to the Registering Authority in From-I for registration as a beneficiary under this scheme. Such application shall be accompanied with a registration fee of Rupees 30/- only. If the Registering Authority is satisfied with the submission made in the application he shall issue a Registration Certificate in Form-II declaring him/her as a beneficiary under the Scheme from the date of application. Such registration shall be vaild for 12 calendar months including the month of application. Renewal A transport worker willing to renew his/ her registration shall apply in Form-III to the Registering Authority within thirty days of expiry of the certificate. However, if he cannot make it within the stipulated time he may be allowed to renew his certificate on production of valid reasons by 1. The registering Authority within six months; 2. The C.E.O. within nine months; 3. The Labour Commissioner within one year. Benefits available under the Scheme The various benefits admissible under this scheme have recently been enhanced by the excutive council and become available only after six months of registration, excepting death benefit which is available, as soon as registration is taken. The details of these benefits are as follows :

105

Sl NO.

Name of the benefit

1. Pension

Eligibility

Amount (in Rs.)

On attaining the age of 60 years and the beneficialry has remained under the scheme for a continuous period of not less than five years

@ 1500/- only p.m. with an increase of Rs 10/- only for each completed year of enrollment as a beneficiary in excess of five years

2. Family Pension 3. Death

4. Accident

5. Medical Benefit

Maximum Rs. 30,000/- only, based on Rashtriya Swasthya Bima Yojna (RSBY) model Maximum Rs. 1,00,000/- only for self and Rs. 1,50,000/- only for family members including self per annum Rs. 25,000/- only twice with an interval of 5 years

6. Marriage

Towards marriage of depensent daughter of a beneficiary

7. Education

Reading in class XI 4000 Reading in BA/BSC/B.COM 6000 Reading in MA/MSC /M.COM 10000 Medical/Enginerring 30000 Two Night Shelters have been opened for the Transport Workers at P.C. Mittal Bus Stand Siliguri and at SLI, Kakurgachi, where an enrolled transport worker may spend the night for an amount of Rs. 10/- only per night. Lately decision has been taken to shift these Night Selters to Punjabi More, Raniganj and Dankuni, Hoghly

8. Night Shelter

106

A beneficiary or any member of his family suffering from any major diseases like Cancer, Leprosy, T.B, brain stroke, cardiac problems, malfunctioning of kidney(s), AIDS, Eye Aliments, Varicose of Vein, or Thalassemia requiring hospitalisation and treatment Cashless medical benefits in case of auto and taxi drivers only, In case of Surgical operation,

@ 50% of the amount last drawn by the beneficiary @ Rs. 2,00,000/- only Accidental death and @ Rs 50,000/-only in case of Normal Death of the beneficiary. A Beneficiary, if hospitallized for 5 or more days due to an accident shall be assited @ Rs. 400/- per day for the 1st 5 days, and @ Rs. 200/- per day for the remaing period of hospitalization, up to a maximum of Rs. 10,000/Maximum Rs. 20,000/- only per annum

Social Security Schemes

A district-wise cumulative report on Progress under West Bengal Transport Workers’ Social Security Scheme,2010 up to 31.03.2015 is shown at Table-I and Year-wise Progress under the Scheme is shown at Table-II and Item-wise Benefit Distribution Report is shown at Table-III Table-I

District-wise Progress Report under West Bengal Transport Workers’ Social Security Scheme, 2010 (upto 31.03.2015) SI No.

Name of the district

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

Jalpaiguri Alipurduar Coochbehar Darjeeling Uttar Dinajpur Dakshin Dinajpur Malda Murshidabad Nadia North 24 Pgs. Kolkata South 24 Pgs. Howrah Hooghly Burdwan Birbhum Bankura Purulia Paschim Medinipur Purba Medinipur Total

No. of beneficiaries No. of beneficiaries Culmulative no of enrolled since enrolled in the FY beneficiaries inception upto 2014-15 enrolled 31.03.2014 upto 31.03.15 2415 1981 6,040 8,331 3,607 4,987 7,230 7,921 21,265 17,859 21,514 10,392 8,645 6,107 17,291 12,304 4,913 4,970 7,331 14,141 1,89,244

446 715 2,241 1,544 491 462 12,630 7,019 4,782 1,589 5,495 3,921 2,296 973 3,468 3,313 1,235 1,966 2,732 4,903 62,221

2,861 2,696 8,281 9,875 4,098 5,449 19,860 14,940 26,047 19,448 27,009 14,313 10,941 7,080 20,759 15,617 6,148 6,936 10,063 19,044 2,51,465

107

Table-II Year-wise report under West Bengal Transport Workers’ Social Security Scheme, 2010 (upto 31.03.2015) SI no

Financial Year

1 2 3 4 5

2010-11 2011-12 2012-13 2013-14 2014-15 Total

No of Amount of beneficiaries benefit enrolled disbursed 45697 60000 28654 5520914 40801 28942059 74092 61752875 62221 79396139 251465 17,5671987

No of beneficiaries benefitted 2 892 4782 9746 11169 26591

Amount of Cess Colllected benefitted 32045590 146079349 150373464 158460611 190854794 677813808

Table-III Report regarding Item-wise benefit disbursement under the Scheme up to March, 2015

Name of the Benefit

Since inceotion to 2013-14 No of Amount beneficiaries Benefitted II III

I 1 Assistance on Natural Death 2 Assistance on Accidental Death 3 Medical benefit for major ailments 4 Maternity benefit 5 Assistance for purchase of Spectacles 6 Funeral 7 Assistance for Education of Children 8 Hospitalisation Benefit 9 Assistance for marriage 10 T.B. package 11 Eye Check-up of Drivers Total

108

In the FY 2014-15 No of Amount beneficiaries Benefitted IV V

Cumulative No of beneficiaries Benefitted VI

Amount

VII

337

14740000

232

11480000

569

2622000

72

9800000

42

6250000

114

16050000

334 1840

6341683 9347000

196 1774

3824734 10671000

530 3614

10166417 20018000

3139 293

1572965 879000

1584 218

790805 654000

4723 511

2363770 1533000

8236 42 1121 8

42691000 146200 10710000 48000

5807 31 1248 13

33070000 129400 12441000 78000

14043 73 2369 21

75761000 275600 23151000 126000

0 15422

0 96275848

24 11169

7200 79396139

24 26591

7200 175671987

Social Security Schemes

A NOTE ON e-DISTRICT MISSION MODE PROJECT FOR CONSTRUCTION & TRANSPORT WORKERS WELFARE SCHEMES AND SHOPS & ESTABLISHMENTS District are the de facto front-end of government where most Government-toconsumer or G2C interaction takes place. To improve this experience and enhance the efficiencies of the various Departments at the district-level, e-District project was envisaged to enable providing of integrated and seamless delivery of citizen services by district administration through automation of workflow, backend computerization and data digitization across participating departments. For delivery of ''web-enabled'' anytime antwhere access to information and service across the state of West Bengal e-District MMP was embraced. List of Service under Labour Department which are covered under e-District Mission Mode Project : 1. Building & Other Construction Workers' Beneficiary registration Service 2. Building & Other Construction Workers' Beneficiary Subscription Collection Service 3. Building & Other Construction Workers' and Transport Workers Benefit Disbursement Service 4. Transport Workers Registration Service

Beneficiary

5. Registration of Shops & Establishments 6. Renewal process of Registration of shops & Establishments

7. Change in Registration certificate 8. West Bengal Transport Workers Beneficiary Registration Renewal Process The Business Process Reengineering and detailed System Requirement Study were made for all these services. Thereafter software for each of the services was developed by the system Integrater selected by the Department of Information & Technology, Government of West Bengal. User Acceptance tests were conducted and software was customised to suit the need of Labour Department and the end users. Backlog data are now being planned to be uploaded into the system so that benefit distribution can be brought into the ambit quickly along with other services. x To ensure security of data and sanctity of the services, each of the service providers (i.e. Assistant Labour Commissioner, Inspector MW) under Labour Department are being provided with Digital signature. x The certificate issued under e-District will carry Digital Signature certificate. x Trainings were conducted by the system integrator in each district x Computers are provided in the Regional Labour Offices and Labour Welfare Facilitation Centres. x Relevant matching Government Orders make the services e-enabled is going to be notified very soon.

109

e) West Bengal Beedi Workers’ Welfare Scheme x As a unique feature, West Bengal is having a large number of Beedi establishments employing a large number of Beedi workers who are considered to be one of the most vulnerable sections of workers amongst the informal sector workers. x Most of the Beedi workers work from their houses and more than 70% of them are women workers. With a view to ameliorating the living conditions of the Beedi workers in the State, 2007 and for providing social security to the Beedi workers, the Government of West Bengal introduced. West Bengal Beedi Workers’ Welfare Scheme vide Labour Department’s Resolution No. 658-LW/2B-02/07 dated 23.08.07 The Scheme includes: a ) Electrification of houses of the beedi workers b ) Construction of houses of the beedi workers & c ) Development of infrastructure of Cooperative housing of Beedi Workers x These benefits are in addition to the facilities available to Beedi Workers under Beedi Workers Welfare Fund Act, 1976 which is administered by the Ministry of Labour & Employment, Government of India. a) Electrification— A uniform grant @ Rs. 2,500/- per worker to provide for electrification of the houses of Beedi Workers. Eligibility

110

i ) A Beedi worker, whether an employee of an establishment or factory or home worker engaged in the Beedi industry for

not less than one year. ii) The monthly income of the family of a Beedi worker should not exceed Rs. 6,500/ iii) The Beedi worker should have a house in his/her name or in the name of his/her family member. In case, the house is not owned by the Beedi worker, the owner must give no objection for the electrification in his/her house. iv) The electric supply line must be available in the vicinity of the house proposed for electrification b) Housing Subsidy i ) A Beedi worker is entitled to uniform subsidy @ Rs. 20,000/- per tenement w.e.f 1st April, 2013 in addition to the central grant of Rs, 40,000/- for construction of houses. ii) The applications received on and after 1st April, 2013 will be considered for entitlement of Rs. 20000/- as state subsidy vide Labour Department Notification No. 296-LW/2B-02/12 Dated 12th April,2013. iii) The said amount of Rs. 20,000/- will be released in two equal instalments through the concerned Regional Labour Offices under the Labour Commisionerate, West Bengal. c) Infrasructure Development I ) Grant @ Rs. 10,000/- per Beedi worker to provide for infrastructural facilities like approach road, water supply, sanitation, planting of trees and other amenities in a registered co-operative housing society. II) The fund of Rs. 10,000/- per tenement is released in instalments by the Labour Commissioner, West Bengal to the respective Co-operative Housing Society or the agency engaged in the job of construction of group / cluster housing.

690 1328 4093 1924 3038 8 214 832 34 12883 22261 5627 6125 777 5996 880 1630 1679 69922

III

II

Bankura Birbhum Burdwan Coochbehar Dakshin Dinajpur Darjeeling Hooghly Howrah Jalpaiguri Malda Murshidabad Nadia North 24-Parganas Paschim Medinipur Purba Medinipur Purulia South 24-Parganas Uttar Dinajpur TOTAL

No. of applications Received

Name of the District

*Report upto March, 2013

I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

Sl No.

IV 690 1328 4093 1924 2836 8 214 832 34 12671 22261 4886 6125 753 4884 871 1352 1679 67344

Number of applications forwarded to WBSEDCL V 761 985 3780 1231 1371 8 219 332 34 8601 22261 1864 5055 655 2422 604 1154 992 52329

Number of applications cleared by WBSEDCL

No. of Amount Beneficiaries of Fund for whom released fund has been (Rs.) released VI VII 761 1901730 985 2461644 3780 9447640 1231 3077500 1371 3427500 8 20000 219 538790 332 827604 34 85000 8601 21502500 22261 55651190 1864 4656130 5055 12624992 655 1632160 2422 6002886 604 1510000 1154 2885000 992 2477650 52329 130737416

VIII 677 502 2326 986 922 5 5 166 26 7640 14076 699 4641 436 853 403 608 328 35299

No. of houses connection provided

District-wise Progress under Electrification of Houses upto 31.03.2015 is shown at Table-I, Year wise progress at Table-II and RLO-wise Report is shown at Table-III Table-I Report on Electrification of Houses under District-wise Cumulative West Bengal Beedi Workers Welfare Scheme upto 31.03.2015

Social Security Schemes

111

Table- II Year-wise Progress report Electrification of Houses upto March, 2015 Financial Year 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 Total

Number of beneficiaries 5999 10645 20514 10522 2802 1100 647 100 52,329

Fund released (Rs.) 14,994,170 26,588,052 51,238,316 26,295,398 7,003,980 2,750,000 1,617,500 250000 13,07,37,416

Total Fund released for Electrificatiy upto March, 2015 (Rs.) 13,07,37,416/-) for 52,329 No. of beneficiaries

Table-III ROL-wise Report on Electrification on houses under Scheme during the financial Year-2014-15

112

Sl. No.

Name of the District

Name of the RLO

1.

Malda

ALC Malda

2.

South 24 Pgns

ALC Diamond Harbour

3.

Nadia

ALC Krishnagar

4.

Jalpaiguri

DLC Jalpaiguri

5.

North 24 Pgns.

ALC Bangaon ALC Barasat

6.

Hooghly

ALC Chinsura Grand Total

Name of the Division WBSSEDCL

No. of Fund Released Beneficiaries (Rs.) for whom fund has been released

Malda Total Behala Diamond Harbour Total Krishnagar

486 486 63 17

12,15,000 12,15,000 1,57,500 42,500

80 10

2,00,000 25,000

Total Jalpaiguri

10 3

25,000 7,500

Total Bangaon Habra Total Tarakeswar Total

3 2 63 65 3 3

7,500 5,000 1,57,500 1,62,500 7,500 7,500

647

16,17,500

Sl No. 1 2 3 4 5 6 7 8

Financial Year 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 TOTAL

No. of beneficiaries 12340 3642 6468 137 3182 0 9390 1128 36287

Fund released (Rs.) 61700000 18210000 32340000 685000 15910000 0 46950000 5640000 181435000

1st Instalment No. of beneficiaries 0 0 6963 2923 1718 4808 742 1295 18449

Fund released (Rs.) 0 0 34815000 14615000 8590000 24040000 3710000 6475000 92245000

2nd Instalment

Year wise progress report under the Scheme upto March, 2015

Table-I

(Rs.) 273680000/-

Total Fund released by the State Government for Housing subsidy upto March, 2015

Year- wise progress at Table-I upto 31.03.2015 is shown at Table-I, District-wise Progress under Housing Subsidy at Table-II and RLO-wise Report is shown at Table-III

Social Security Schemes

113

I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

Sl No.

114

II Bankura Birbhum Burdwan Coochbehar Dakshin Dinajpur Hooghly Howrah Malda Murshidabad Nadia North 24-Parganas Purba Medinipur Purulia South 24-Parganas Paschim Medinipur Uttar Dinajpur TOTAL

Name of the District

III 1127 283 51 330 578 44 222 5873 8397 1000 1898 8724 1323 3094 1237 2106 36287

No. of applications approved by Ministry of Labour & Emp. Govt. of India IV 1127 283 51 330 578 44 222 5873 8397 1000 1898 8724 1323 3094 1237 2106 36287

Number of Beneficiaries for whom State fund (1st instalment) has been released V 56.35 14.15 2.55 16.5 28.9 2.2 11.1 293.65 419.85 50 94.9 436.2 66.15 154.7 61.85 105.3 1814.35

Fund released (@ Rs. 5000/per beneficiary (Rs. In Lakh)

1st Instalment

VI 670 0 44 318 138 0 31 1834 6949 224 197 4011 1852 528 335 1318 18449

No. of Beneficiaries for whom State fund (2nd instalment has been released

2nd Instalment

District-wise Cumulative Report on Housing Subsidy as on 31.3.205

Table-II

VII 33.5 0 2.2 15.9 6.9 0 1.55 91.7 347.45 11.2 9.85 200.55 92.6 26.4 16.75 65.9 922.45

Fund released (@ Rs. 5000/per beneficiary) (Rs. In Lakh)

Coochbehar

Nadia

North 24 Parganas

Malda

Uttar Dinajpur

Dakshin Dinajpur

Murshidabad

South 24 Parganas

Paschim Medinipur

Purba Medinipur

Name of the District

No. of beneficiaries for whom fund has been released (1st Instalment) ALC Contai 525 ALC Tamluk 210 DLC Haldia 1 Total 736 DLC Kharagpur 51 Total 51 ALC Kakdwip 105 ALC Baruipur 44 ALC Diamond Harbour 24 Total 173 ALC Jangipur 168 DLC Baharmpur DLC Lalbagh ALC Domkal ALC Kandi Total 168 ALC Balurghat Total ALC Islampur ALC Raiganj Total ALC Chanchal ALC Malda Total ALC Basirhat Total ALC Krishnangar ALC Ranaghat Total ALC Coochbehar ALC Dinhata ALC Toofanganj Total Grand Total 1128

Name of RLO

26.25 10.5 0.05 36.8 2.55 2.55 5.25 2.2 1.2 8.65 8.4 8.4 56.4

Fund released (Rs. in Lakh)

No. of beneficiaries for whom fund has been released (2nd Instalment) 83 83 24 82 9 5 17 137 136 136 534 82 616 95 69 164 27 27 31 5 36 74 2 20 96 1295 4.15 4.15 1.2 4.1 0.45 0.25 0.85 6.85 6.8 6.8 26.7 4.1 30.8 4.75 3.45 8.2 1.35 1.35 1.55 0.25 1.8 3.7 0.1 1 4.8 64.75

Fund released (Rs. in Lakh)

Table-III RLO-Wise Report on Housing Subsidy under W.B. Beedi Workers’ Welfare Scheme during 2014- 2015

Social Security Schemes

115

Issue of I. Cards : Under Rule 41 of the Beedi Workers Welfare Fund Rules, 1978 employers of bidi workers are required to issue identity cards to their employees to enable them to receive welfare benefits. At present the officials of the LWO are issuing ldentity Cards to the Beedi workers. Estimated No. of Beedi workers in West Bengal is– 19,79,067 and No. Identity Cards issued upto December, 2013 is 14,43,987 (Annexure – A). Annexure - A Report on issue of I. Cards as on 31.12.2013

Sl Name of No the District

I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

116

Male II III Darjeeling 463 Jalpaiguri 2625 Cooch Behar 14438 Uttar Dinajpur 50432 Dakshin Dinajpur 6323 Malda 49950 Murshidabad 60000 Burdwan 15825 Birbhum 11050 Bankura 10875 Purulia 49070 Nadia 8042 North 24 pgs. 30000 South 24 pgs. 30250 Howrah 9625 Hoogly 4000 Paschim Medinipur 16875 Purba Medinipur 35430 Kolkata 3150 Total 408423

Estimated No. of Beedi workers

No of Beedi workers to No. of Beedi workers to whom whom I. Identity cards have been issued Cards by the State Government have been issued by L.W. Organ

Total No. of Beedi workers to whom I. Cards have been issued by the state Govt.& the L.W. Organ

Female IV 900 8250 50549 60000

Total V 1363 10875 64987 110432

Male VI 250 1746 10622 26761

Female VII 690 5193 28977 32747

Total VIII 940 6939 39599 59508

IX

X

0 936 12376 3444

940 7875 51975 62952

22598 240050 700000 33250 25034 9000 60030 70640 80745 50640 15250 30375

28921 290000 760000 49075 36084 19875 109100 78682 110745 80890 24875 34375

4474 33547 28888 7996 2471 6810 20281 3388 26668 18164 2837 2186

11128 210854 299150 17645 9273 4213 23917 42708 54273 25203 8521 16426

15602 244401 328038 25641 11744 11023 44198 46096 80941 43367 11358 18612

3014 43273 104406 296 0 10768 46326 32102 10348 21724 3090 6006

18616 287674 432444 25937 11744 21791 90524 78198 91289 65091 14448 24618

30313

47188

3344

5990

9334

30410

39744

75670 111100 7350 10500 1570644 1979067

25650 0 226083

56606 82256 0 0 853514 1079597

28723 7148 364390

110979 7148 1443987

Activities of Different Welfare Boards

(vi) Activities of Different Welfare Boards For The Workers in the Unorganised Sector Names & Composition of Different Boards Name of the Board

Constituted under the Act & Date of ReConstitution

Chairman

ViceChairman

Secretary

Total Board No. of meeting held Members during 2014-15

The West Bengal Building and other Construction Workers’ Welfore Board

The Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

Hon’ble MIC, Labour Department, Govt. of West Bengal

Secretary Labour Department, Govt. of West Bengal

Additional 17 Labour Commissioner

25.09.2014

Secretary Labour Department, Govt. of West Bengal

Additional 20 Labour Commissioner

25.09.2014

MemberSecretary ---Secretary Labour Department, Govt. of West Bengal

25.11.2014

Dated 16.09.2011 The West Bengal Unorganised Sector Workers Welfare Board

The West Bengal Unorganised Sector Workers Welfare Act, 2007 Dated the 9th day of March, 2012

Hon’ble MIC, Labour Department, Govt. of West Bengal

The West Bengal State Social Security Board

The Unorganised Workers’ Social Security Act, 2008

Hon’ble MIC, Labour Department, Govt. of West Bengal

Dated 29.04.2013

30

117

Introduction : In addition to the West Bengal Labour Welfare Board which has been functioning effectively for the workers in the organised sector, three more Boards have been set up with the purpose of promoting welfare activities among the workers in the unorganised sector. The formation and activities of the said Boards are stated below: 1. THE WEST BENGAL BUILDING AND OTHER CONSTRUCTION WORKERS’ WELFARE BOARD a) Constitution of the Board : As per provision of Sub-section (1) of Section 18 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 the West Bengal Building and Other Construction Workers’ Welfare Board was constituted in the year, 2005 vide Labour Department memo. No. 1182-IR/EIL/IA-18/20049 (Pt.) dated 20th September, 2005 and in the year 2011 vide Notification No. 965-IR dated: 16.09.2011 to exercise the powers conferred on, and perform the functions assigned to, it under this Act. The Minister-in-Charge, Labour Department is the Chairman of the Board, the Secretary, Labour Department Vice Chairman and Labour Commssioner, West Bengal Executive Vice-Chairman of the Board. The Secretary of the Board is the Chief Executive Officer of the Board, who is appointed by the Board with the prior approval of the State Government. At present one Additional Labour Commissioner, West Bengal is functioning as the Secretary of the Board from its office at 6th Floor, B-Block, New Secretariat Building, 1.K.S.Roy Road, Kolkata-700001.

118

b) Functions of the Board : The functions of the Board have been detailed in the provisions of Section 22 of the Act. As per

provisions of Section 22(1) of the Building & other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996, the Board may( a ) provide immediate assistance to a beneficiary in case of accident; ( b ) make payment of pension to the beneficiaries who have completed the age of sixty years; ( c ) sanction loans and advances to a beneficiary for construction of a house not exceeding such amount and on such terms and conditions as may be prescribed; ( d ) pay such amount in connection with premia for Group Insurance Scheme of the beneficiaries as may deem fit; ( e ) give such financial assistance for the education of children of the beneficiaries as may be prescribed; ( f ) meet such medical expenses for treatment of major ailments of a beneficiary or, such dependant, as may be prescribed; ( g ) make payment of maternity benefit to the female beneficiaries; and ( h ) make provision and improvement of such other welfare measures and facilities as may be prescribed. The Regional Labour Offices under the Labour Commissionerate are functioning as the Regional Offices of the Board. The services of all officers, inspectors and staff under the Labour Commissionerate are placed on partial deputation to the Board. At present all Assistant Labour Commissioners and Inspectors posted at blocks and municipalities act as Beneficiary Registering Officers under the Board in their respective jurisdiction.

Activities of Different Welfare Boards

c) Activities of the West Bengal and Other Construction Workers’ Welfare Board : i ) Welfare Measures : The Board provides the following welfare measures to the beneficiaries registered under the Board: a ) Accidental Benefit - Hospitalisation & Disablement benefit b ) Medical expenses - Treatment for major ailments including surgery c ) Financial Assistance to T.B. Patients d ) Maternity Benefit e ) Death Benefit-Accidental & Normal Death Benefit f ) Pension Scheme- Self/Family Pension, Invalid Pension g ) Financial Assistance for Education of Self/ Children of Beneficiaries h ) Funeral expenses. i ) One time reimbursement up to a maximum of Rs.2,000/- to each beneficiary for purchasing tools j ) Cost of spectacle upto Rs.500/- to each registered beneficiary k ) Purchase of Bi-cycles/purchase of warm clothes/ different sorts of equipment or clothes as per requirement of construction workers @maximum Rs. 3000/- to beneficiaries as one time measure, I ) Marriage assistance m ) Birth of girl child n ) Hearing Aid and o ) Refund of subscription. Details of the benefits have already been mentioned in ‘Social Security Schemes for Construction Workers’ in the Chapter, ‘‘SOCIAL SECURITY TO THE WORKERS IN THE UNORGANIZED SECTOR’’ ii) Awareness Generation : The Board also organizes awareness generation camps through its regional offices throughout the year for spot registration of beneficiaries and distribution of benefits among the workers.

An all -out effort has been made to popularize the scheme. As part of a special drive, all R.L.Os have asked to organize special camps at block levels in consultation with elected representatives of respective areas, trade unions and bank officials for beneficiary registration. Necessary advertisements are also published in defferent newspapers in order to create all round awareness. As decided by the State Government in the Labour Department, the Board observed “Social Security Month” for the month of January, 2015 throughout the State. The primary objective of this programme is to generate awareness amongst unorganized sector workers about the social security schemes being implemented by the Labour Department for them and also to cover workers in more numbers in all social security schemes. iii) Important Decisions taken by the Board during 2014-15 : 1. Criteria for disablement benefit under Rule 274 and criteria for invalid pension under Rule 282 : The Board has approved the proposed criteria for getting disability benefit under Rule 274 and proposed criteria for getting disability pension under Rule 282. Both the criteria are as follows : A. Criteria for disablement benifit under Rule 274 Amount : Rs. 50,000/Payable : Once in lifetime Criteria : y Disability due to injury at workplace or while reaching or returning from workplace but not due to any disability that is hereditary in nature or disability due to any disease. y Beneficiary needs to be registered with the Board at the time of accident.

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Criteria : Submission of Disability certificate issued as per Order No. HF/ O/PHP/292/HAD/9M-57- 2002 by the Department of Health, Government of West Bengal. For disability (Category I) that is permanent in nature and not requiring any review as per disability certificate. In case of amputation (Category II), loss of hand up to wrist, loss of thumbs or loss of leg upto toe resulting in 100% disability.

Standards of Compensation : Category I Disability without any amputation Percentage of disability as per certificate mentioned below taking 90% disability for payment of full amount (Rs. 50,000) and there after fixing of amount according to the % of disability (eg. Rs. 40000/- for 80%, Rs. 35000/- for 70% and so on) Category II Disability due to amputation of hand or leg y Loss of hand up to wrist : 100% y Loss of thumb of two hands : 100% y Loss of thumb of one hand : 80% y Loss of four fingers of one hand : 70% y Loss of three fingers : 60% y Loss of two fingers : 50% y Loss of one leg up to toe : 100% y Loss of fingers in foot : 20% Documents required : y Submission of Disability certificate (Certificate issued as per Order No. HF/ O/PHP/292/HAD/9M-57- 2002) y Copy of Identity card of the beneficiary y Copy of passbook B. Criteria for getting disability pension unde Rule 282 : Type : Monthly pension

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2. Quantum for hearing aid etc under Rule 282 : The Board has approved the proposed criteria for purchase of hearing aid and quantum there of (max Rs. 5000/ -). The criteria are as follows : Benefit : Hearing Aid Type : Other Benefit under Rule 280 Payable : Once in lifetime Amount : Rs. 5000/y y

y y y

Criteria : Registered construction worker Partial hearing impairment certified by an E.N.T Specialist or Audiologist Documents required : Application form Beneficiary Identity Card Prescription / Certificate of a Registered E.N.T Specialist or Audiologist

Activities of Different Welfare Boards

2. THE WEST BENGAL UNORGANISED SECTOR WORKERS’WELFARE BOARD a) Constitution of the Board : Under sub section (1) of Section 4 of the West Bengal Unorganised Sector Workers Welfare Act, 2007 a Board in the name of THE WEST BENGAL UNORGANISED SECTOR WORKERS’ WELFARE BOARD (the Board) was constituted in the year 2008 for the purpose of administering the Fund created under the Act and also for implementing the schemes introduced under the Act, or the existing schemes run under the direct financial assistance by the State Government vide Labour Department’s Notification No.895-IR Dated 26.08.2008. The Board was further reconstituted in the year 2012 vide Labour Department’s Notification No. 200(20)-IR Dated 09.03.2012. The Hon’ble MIC, Labour Department is the Chairman of the Board. The Board functions through an Executive Council set up by it from its office at 6th Floor, N.S. Buildings, Kolkata-l. b) Power of the Board : The Board is empowered to introduce for unorganized workers : y Any Health Insurance Scheme; y Any Scheme for providing pension to the beneficiaries who have completed the age of 60 years and to the members of the family in case of death of the beneficiary; y Any Scheme for House building Loans and Advances to the Beneficiaries; y Any Scheme to provide for Financial Assistance for Education of the children of the beneficiaries; y Any Scheme to provide for Maternity Benefit to the female beneficiaries and y Any Scheme to provide such other welfare measures and facilities as may be decided by the Board with approval of the State Government. c) Functions of the Board : i) Implementation of SASPFUW : At present the Board has been implementing the State Assisted Scheme of Provident Fund for Unorganised Workers (SASPFUW) throughout

West Bengal through the Regional Labour Offices under the Labour Directorate. For the purpose of implementing the objects of the West Bengal Unorganised Sector Workers Welfare Act 2007, the Regional Labour Offices under the Labour Commissionerate are functioning as the Regional Offices of the Board vide Labour Department’s Memo No. 1064-IR Dated 19th November,2009. ii) Implementation of Health Security Scheme : The Board is also implementing the West Bengal Unorganised Sector Workers’ Health Security Scheme introduced under Labour Department’s Resolution NO.34-IR Dated 05.01.2011 for the workers covered under the SASPFUW Scheme and subsequently the scheme has been amended vide Notification No.890-IR Dated 19.09.2012. One Additional Labour Commissioner functions as CEO of the Board and implements the decisions taken in Board’s meetings. iii) Transfer of Fund : The fund of the Board is provided by the Government of West Bengal. The fund as received from time to time from the Government is transferred electronically to all the SASPFUW Administrative Accounts opened in SBI and maintained by the Regional offices of the Board which make all kinds of payments. There are as many as 67 such Administrative Accounts throughout the State. iv) The Board also provides necessary infrastructure to its Regional Offices after taking decisions in its meetings and allows the CEO of the Board to spend money out of the Fund on different items. v) Awareness Generation : The Board also provides fund to all RLOs for organizing awareness generation camps through its regional offices throughout the year for spot registration of beneficiaries and distribution of benefits among the workers. An all-out effort has been made to popularize the scheme SASPFUW and Health Security Scheme. Necessary advertisements ate also published in different newspapers in order to create all round awareness.

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3. THE WEST BENGAL STATE SOCIAL SECURITY BOARD. Following the enactment of the Unorganised Workers’ Social Security Act, 2008 by the Government of India, the West Bengal State Social Security Board was constituted in the year 2009 under Sub section (1) of Section 6 of the said Act 2008 vide the Labour Department’s Notification NO.1025-IR dt.06.11.2009 and it was further reconstituted in the year 2013 vide the Labour Department’s Notification No.456-IR dt.29.04.2013 As per provisions of sub section (8) of Section 6 of the Unorganised Workers’ Social Security Act, 2008, the State Board shall perform the following functions, namely:-(a) recommend the State Government in formulating suitable schemes for different sections of the unorganized sector workers; (b) advise the State Government on such matters arising out of the administration of this Act as may be referred to it; (c)monitor such social welfare schemes for unorganised workers as are administered by the State Government; (d)review the record keeping functions performed at the District level; (e)review the progress of registration and issue of cards to unorganised sector workers; ( f ) review the expenditure from the funds under various schemes; and (g)undertake such other functions as are assigned to it by the State Government from time to time. In its 1st meeting held on 02.08. 2010 ,the West Bengal State Social Security Board recommended for adoption of a scheme for the social security of the transport workers of the state and accordingly, the scheme

under the name of West Bengal Transport Workers Social Security Scheme, 2010 was introduced under Labour Department, I R Branch Resolution No. 907-IR/E1EIL/1-A-4/ 110 dated, Kolkata, the 13th August, 2010 Under the West Bengal Transport Workers Social Security Scheme, 2010, the Board constituted a Fund called ‘West Bengal Transport Workers Social Security Fund’ and under the same Scheme the Board is authorized to act as Trustees to utilize the Fund as above for the following activities:( a ) Cost of administering the Scheme; ( b ) Grant to a local authority or any other body for the purposes of welfare of transport workers and ( c ) Corporate activities of social nature. The Board also constituted an Executive Council for smooth implementation of the scheme which consists of the following members (a)Minister-In-ChargeLabour DepartmentChairman (b)Principal Secretary Labour Department- Vice Chairman (c)An officer of the Transport Department not below the rank of Joint Secretarymember. (d)An officer of the Labour Department not below the rank of Joint Secretarymember, (e)CEO under this scheme - Member convener ( f ) Any other person as may be considered by the Board - Member The Board is empowered to appoint one Chief Executive Officer to function as principal officer for the purposes of the scheme and also to appoint Additional Chief Executive Officers and such other officers or support staff as it may consider necessary for the purposes of the scheme.

Activities of Different Welfare Boards

State Level Shramik Mela was inaugurated by Smt. Mamata Bandyopadhyay, Hon’ble CM, West Bengal on 13.02.2015 in the presence of Hon’ble Ministers, Secretary, Labour Department and Labour Commissioner, West Bengal

SOCIAL SECURITY MONTH, SHRAMIK MELA AND THE ROLES OF DIFFERENT BOARDS The Government of West Bengal has adopted the people-centric mission of Social Security. Various welfare schemes have been introduced for the marginal and backward people of the society who are engaged in different occupations in the unorganised sector. With a view to reach those schemes to the people in large numbers the Government in the Labour Department decided to observe ‘’Social Security Month’’ every year for the month of January from the year 2014 throughout the State. According, Social Security Month for the year 2015 was observed during the month of January, 2015 throughout the State The primary objective of this programme is to generate awareness amongst unorganized sector workers about the social security schemes being implemented by the Labour Department for them and also to cover workers in more numbers in all social security schemes. The Social Security Schemes include mainly i) Provident Fund & Health Security scheme for the workers in the unorganized sector, ii) Social security schemes for construction workers and iii) Social security schemes for

transpore workers. For the purpose an Action Plan was as follows: 1. Communicating all DLCs to prepare an action plan for observing Social Security for the month of January, 2015. 2. Organizing Awareness Camps at District/ Sub-Division/ Block/ Gram Panchayat levels. 3. Organising Shramik Melas in all the district of West Bengal Seminars and Workshops should also be organized in the Shramik Melas. 4. Arrangement of wide publicity of the Schemes through advertisement in the newspapers, posters, banners & leaflets. 5. Mobile vans can be used. 6. Special emphasis on Enrolment of Beneficiaries and Distribution of Benefits during the camps. To reach out to more and more construction workers, ‘’Shramik Mela’’ was organized in all districts during the month of January and February of 2015 for the workers both in the organised and unorganised sectors along with observance of Social Security Month, 2015 during the month of January, 2015 at a suitable venue for three days to promote better industrial relations and provide opportunities of both awareness and recreation to the workers.

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Smt. Mamata Bandyopadhyay, Hon’ble CM, West Bengal being greeted by Shri Moloy Ghatak, MIC, Labour Department at Milan Mela Prangan, Kolkata on 13.02.2015

The Directorates of ESI (MB), Employment, Factories, Boilers and West Bengal Labour Welfare Board also participated in the Shramik Melas, The concerned Deputy Labour Commissioners were entrusted with the charge of organising and running the Mela in the districts. Shramik Melas were started at Barasat and Balurghat on 8th January, 2015 and State-level Shramik Mela was inaugurated by Hon’ble

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Chief Minister, West Bengal on 13th February, 2015 at Milan Mela Prangan, Kolkata. Expenditures towards observing Social Security Month and organising Shramik Melas in all the districts were shared by all 3 Boards. Significant increase in registration of beneficiaries under different social security schemes has been made possible only for observance of Social Security Month and organizing Shramik Melas.

Smt. Mamata Bandyopadhyay, Hon’ble CM, West Bengal inaugurating State Level Shramik Mela at Milan Mela Prangan, Kolkata on 13.02.2015

Child Labour

(VII) Child Labour The Background: Children, who constitute a very large segment of our society, are undeniably invaluable assets of any society and have a definite role to play in the development of a nation. Children are the most vulnerable members of any society and there are a large number of children who unfortunately, instead of occupying their legitimate place at school, are found to be working to supplement the income of their families. These children are categorized as Child Labour. Child labour is a socioeconomic phenomenon arising essentially out of poverty and lack of development. The problem of child labour is accepted either as a harsh reality or as an inescapable necessity Legal Framework: In order to prohibit children below 14 years from working in hazardous occupations and processes and also to regulate the working conditions in respect of hours of work, rest etc. in nonhazardous occupations, the Child Labour (Prohibition & Regulation) Act, 1986 came into force. Presently children are prohibited from working in 18 occupations and 65 processes which are scheduled as “hazardous” A detailed list ofhazardous occupations and processes are shown at Annexure-A The penal provision for engaging children in hazardous employments is imprisonment for minimum 3 months to maximum 1 year or fine from Rs 10,000/- to Rs 20,000/- or both. Supreme Court Judgement on December 10, 1996 x On December 10, 1996, a three-judge bench of the Supreme Court revisited the issue of child labour in Sivakasi fireworks factories and issued a landmark decision. x The court had before it the report of a

committee of advocates set up to investigate the employment of children in Sivakasi. This committee was constituted following an accident which had taken place on 12.7.91 at Dawn Amorces Fireworks Industries in which thirty-nine people had died. To resolve the problem of child labour, the Supreme Court gave the following directions: x Every state government must conduct a survey, to be completed within six months, on the types of child labour carried out in the state. x The survey could begin with the modes of employment mentioned under Article 24 of the Constitution of India. The most hazardous employment would rank first in priority, to be followed by a comparatively less hazardous employment, and so on. x To ensure compliance with Child Labour (Prohibition and Regulation) Act, 1986, an employer must be asked to pay a sum of Rs 20,000 as compensation for every child employed in contravention of the provisions of the Act. x The employer would be liable to pay this amount even if he were to disengage the child presently employed. x The inspectors, appointed under Section 17 of the Act, would bear the responsibility of ensuring this. x The sum paid as compensation should be deposited in a fund to be known as Child Labour Rehabilitation-cum-Welfare Fund. x Such a fund should be established districtwise or area-wise. x The fund so generated should be used only for the concerned child. The income earned through the fund would also be a part of the fund. To generate greater income, the

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Sri Amal Roy Chowdhury, Secretary, Labour Department giving away prizes to the participants of NCLP schools

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fund could be deposited in a high-yielding scheme of any nationalised bank or other public body. x The State should ensure that an adult member of the family (whose name would be suggested by the parent/guardian of the concerned child) whose child is in employment in a factory or a mine or in other hazardous work gets a job anywhere, in lieu of the child. x The employment could be combined with other assured employment as this would not require generation of much additional employment. x The employment so given could be in the same industry where the child was employed or a public undertaking, and could be

manual in nature. The undertaking chosen for employment shall be one that is nearest to the place of residence of the family. x In those cases where it would not be possible to provide employment to the adult member, the appropriate government would deposit a sum of Rs 25,000 every month for each child employed in a factory, a mine, or any other hazardous employment, in the Child Labour Rehabilitation-cum-Welfare Fund. x In case of obtaining employment for an adult, the parent/guardian shall have to withdraw their child from work. Even if no employment was provided, the parent/ guardian shall have to see that the child is spared from the requirement to work, as an

Child Labour

alternative source of income would have become available to him. x The employment given or payment made would cease to be operative if the child is not sent by the parent/guardian for education. x On discontinuation of the employment of the child, his education would be assured in a suitable institution. It would be the duty of the inspector to see to it that free and compulsory education up until the age of 14 is provided to the child. x Penal provision contained in the Child Labour (Prohibition and Regulation) Act, 1986, would be used where employment of a child labour prohibited by the Act is found. x Also, wherever child labour is employed in non-hazardous jobs (which is permissible under the Child Labour (Prohibition and Regulation) Act, 1986), the working hours of the child must not be more than four to six hours a day. Every child so employed must receive education for at least two hours each day. The entire cost of education must be borne by the employer. It would be the responsibility of the inspector to ensure this. Monitoring Authorities x The district collector would be responsible for monitoring the functioning of the inspectors. x In view of the magnitude of the task, a separate cell in the Labour Department of the appropriate government would be created. x The Secretary of the Labour Department would be responsible for monitoring the scheme. x Overall monitoring by the Ministry of Labour, Government of India, would be beneficial and worthwhile. Steps taken in recent past : x A State Level Core Committee has been constituted to effectively address the issues relating to Child Labour, Bonded Labour and

Working Women vide Labour Department’s Order No.574(25)-LW/lC-37/08 (Pt-1) Dated 27.08.2012. x Labour Commissioner, West Bengal has been ordered to act as Chief Co-ordinator in respect of required activities under the Bonded Labour System (Abolition) Act, 1976 and the Child Labour (Prohibition & Regulation) Act, 1986 vide Labour Department’s Order No.629-LW/lC-07/ll Dated 10.11.2013. Vision: 2015-16 x Attempt will be there to develop efforts aimed at elimination of Child Labour by linking them with Public Education through direct and transitional measures. x Abolition of child labour will be the policy focus from both legal and administrative framework. x To make Kolkata a child labour free City. x Awareness generation & sensitization with all stakeholders involved; electronic & print media to be used for dissemination of information. Strategy : x Creating a suitable framework and development of infrastructure at all levels. x Strengthening NCLP through Labour department. x Proper tracking of the mainstreamed children up to 18 years of age. x A survey to ascertain the number of child labour and the various trades in which they are engaged in the districts need to be done. x Meeting with the Chairmen/ Project Directors of the Societies to bring uniformity in functioning x All children enrolled in NCLP to get admission into formal schools under SSA and NCLPto act as a bridge course till such children are ready to cope up with the formal education system.

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National Child Labour Project (NCLP)

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Realizing the multifaceted and complex nature of problems, Government of India had embarked on a holistic and a multi-pronged programme to eliminate child labour from the country in a phased manner and the National Policy on Child Labour was announced in 1987. Although Government is committed to the task of elimination of child labour in all its forms, considering the nature and magnitude of the problem, gradual and sequential approach has been adopted to withdraw and rehabilitate children beginning with those working in hazardous occupations and processes. In order to translate the above policy into action, the Government of India initiated the National Child Labour Project Scheme in 1988 to rehabilitate the working children. Objective The objectives of NCLP is to disengage children working in hazardous occupations and processes as envisaged under the Child Labour Act and mainstream them through formal/informal education and vocational Wraining inducted in the special training centres of NCLP. The target group of this programme is working children in hazardous employments in the age group of 9-14 years. Programme component of NCLP The NCLP programme addresses the issue of child labour through the following activities ( i ) Survey to identify children engaged in hazardous occupations and processes(ii) Withdrawal of the children from hazardous employment and processes (iii) Rehabilitation of children withdrawn from work through special training centres established by the project society Survey is conducted to identify the child labours working in different hazardous occupations and processes. Thereafter the children are withdrawn from work and

rehabilitated by enrolment in schools. The children in the age group 5-8 years are enrolled in the schools under SarvaSikshaAbhijan, whereas Special training centres under the Project Society are set up for working children in the age group of 9-14 years. Functions of NCLP The Ministry of Labour & Employment, Government of India is the nodal agency for implementation of NCLP. The NCLP operates through Project Societies formed at the district level with the District Magistrate and District Collector as the Chairman and a Project Director. Each Project Society has the provision for two Field Officers, one Clerk cum Accountant, one data Entry Operator/ Stenographer and one Peon/ Helper. The members of the Society are from different spheres Government Departments, Business Organizations, Trade union Representatives, Public representatives and representatives of Non Government Organizations and social workers. Special Training Centres under NCLP The Special training centres under NCLP are run by NGOs, local self-government bodies, or directly by the Project Society. The school enrolls working children of the age group of 9-14years and is given education for a period of maximum three years or till their attainment of 14 years of age. Each Special School has the provision for 50 children. The children are given basic education and vocational training as well. Each school has the provision for two educational instructors and one vocational instructor. The teaching volunteers are mainly from the local community and are paid a consolidated honorarium of Rs.4,000/- per month. Up to August 2009, the children were provided with cooked midday meal @ Rs 5/per child per day. Now the nutrition component has been merged with mid-day meal under Sarva Siksha Mission .At present children of NCLP schools are provided with

Child Labour

Mid-Day Meal. The Project Society is receiving allotment for food grains, cooking cost @ Rs 5.38 per child , honorarium to cook @ Rs 1000/- for 50 children, transportation cost @Rs 75/- @ quintal food grain construction of kitchen shade/utensils Rs.2 lakhs and Monitoring Management & Evaluation Rs 40,000/Every child in the special training centres is paid a stipend of Rs.150/- per month. The amount is deposited in the Savings Account opened in the Post Office /Bank in the name of the child on a monthly basis which can be withdrawn only at the time of mainstreaming. The annual budget of the Special School is Rs 3, 20,000/- (apart from nutrition component) Status of NCLP in West Bengal In West Bengal, out of 985 sanctioned Special School, 929 are functioning with a total of 43702 children. (Details shown at Annexure-B) as on 31.03.2015. Residential Schools For welfare of working children by providing food, shelter, clothing, medical care along with educational and vocational training, the State Government notified for converting one special school under NCLP to a Residential School in each district for which the State Government will contribute Rs. 750/- per child per month. ( Enhanced from Rs.500/per child per month w.e.f 01.04.2010). At present, Residential Schools are running in the districts of Uttar Dinajpur, Nadia, Bardhaman, Hooghly, North 24 Parganas, South 24Parganas, Paschim Midnapore and Malda. Awareness Generation & Other Programmes The issue of awareness generation campaign against child labour was taken up through seminars, workshops, programmes etc. at all levels through out the state. The International Labour Organization (ILO) launched the World Day Against Child Labour in 2002 to focus world attention on the urgent need to eradicate child labour. This is a day to remember the children and to commemorate those who work to bring about a world without child labour. Every year on 12 th June, the World Day

Against Child Labour brings together governments, employers, world organizations, civic society, as well as millions of people around the world to highlight the plight of child labourers and possible steps to eradicate child labour. For the first time to promote campaign against child labour message was sent through Short Message Service (sms) to number of mobile phone users. “World Day Against Child Labour” was also being observed by the Labour Department in collaboration with Kolkata Child Labour Rehabilitation Cum Welfare Society on 12th of June, 2014 at “Sisir Mancha”, Kolkata. In the year 2014, World Day Against Child Labour draws attention to the role of social protection in keeping children out of labour force and removing them from it. The theme selected by ILO for the purpose is "Extend social protection: combat child labour! World DayAgainst Child Labour, 12 June 2014" An exhibition was also organised on the same day for theparents of the children studying in those NCLP training centres, who are basically workers of unorganized sector to know and avail the facilities available under different social security schemes implemented by Labour Commissionerate. Participation to worldwide campaign of Red Card to Child Labour was also an event of the programme. A sit and draw competition was also organized with the students of special training centres for child labour, Kolkata on 9,h of June, 2014. Annual sports for the children of special training centres of NCLP, Kolkata under Kolkata Child Labour Rehabilitation cum Welfare Society was held on the 11 th December, 2014 at Park Circus Maidan, in which Hon’ble Minister -In -Charge, Labour Department, Government of West Bengal, Shri Moloy Ghatak was the Chief Guest. In the said event approximately 250 children of special training centres of NCLP, Kolkata participated.

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Annual sports for NCLP students being inaugurated by Sri Moloy Ghatak, Hon’ble MIC, Labour Department

In addition to that, all district Societies have participated in the Shramik Mela organised by Labour Commissionerate in the month of

January & February, 2015. Stalls were prepared and various activities of societies were displayed.

District-wise list of Special Schools under NCLP in West Bengal (Provisional)

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SI. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

Name of the district Jalpaiguri Coochbehar Darjeeling Uttar Dinajpur Dakshin Dinajpur Malda Murshidabad Nadia North 24 parganas Kolkata South 24 parganas Howrah Hooghly Burdwan Birbhum Bankura Purulia Purba Medinpur Paschim Medinipur Total

No of special schools sanctioned 19 19 25 40 40 40 140 100 40 40 40 40 68 46 55 62 90 35 46 985

No of special schools functioning 19 19 14 40 40 40 140 100 40 38 31 34 55 46 46 56 89 30 42 929

No of children enrolled 904 950 578 2000 2000 2000 7000 5000 1729 1900 1407 1628 3200 2300 2300 1306 4450 1320 1730 43702

Child Labour

Annexure-A THE SCHEDULE Occupations Any occupation concerned with: 1. Transport of passengers, goods or mails by railways; 2. Cinder picking, clearing of an ash pit or building operation in the railway premises; 3. Work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from the one platform to another or in to or out of a moving train; 4. Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines; 5. A port authority within the limits of any port; 6. Work relating to selling of crackers and fireworks in shops with temporary licenses; 7. Abattoirs/Slaughter House; 8. Automobile workshops and garages; 9. Foundries; 10. Handling of toxic or inflammable substances or explosives; 11. Handloom and power loom industry; 12. Mines (underground and underwater) and collieries; 13. Plastic units and fiber glass workshops; 14. Employment of children as Domestic workers or servants and 15. Employment of children inDhabas (roadside eateries), restaurants, hotels, motels, tea shops, resorts, spas or other recreational centers. 16. Diving. 17. Caring of elephant. 18. Working in the circus

PART B Processes 1. Beedi - making. 2. Carpet - weaving including preparatory and incidental process thereof. 3. Cement manufacture, including bagging of cement. 4. Cloth printing, dyeing and weaving including processes preparatory and incidental thereto. 5. Manufacture of matches, explosives and fireworks. 6. Mica - cutting and splitting. 7. Shellac manufacture. 8. Soap manufacture. 9. Tanning. 10. Wool - cleaning. 11. Building and construction industryincluding processing and polishing of granite stones. 12. Manufacture of slate pencils (including packing). 13. Manufacture of products from agate. 14. Manufacturing processes using toxic metals and substances such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos. 15. Hazardous processes as defined in Sec. 2 (cb) and dangerous operation as notified in rules made under section 87 of the Factories Act, 1948 (63 of 1948) 16. Printing as defined in Section 2(k) (iv) of the Factories Act, 1948 (63 of 1948) 17. Cashew and cashewnut descaling and processing. 18. Soldering processes in electronic industries. 19. Aggarbatti’ manufacturing. 20. Automobile repairs and maintenance

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including processes incidental thereto namely, welding, lathe work, dent beating and painting. 21. Brick kilns and Roof tiles units. 22. Cotton ginning and processing and production of hosiery goods. 23. Detergent manufacturing. 24. Fabrication workshops (ferrous and nonferrous) 25. Gem cutting and polishing. 26. Handling of chromite and manganese ores. 27. Jute textile manufacture and coir making. 28. Lime Kilns and Manufacture of Lime. 29. Lock Making. 30. Manufacturing processes having exposure to lead such as primary and secondary smelting, welding and cutting of lead-painted metal constructions, welding of galvanized or zinc silicate, polyvinyl chloride, mixing (by hand) of crystal glass mass, sanding or scraping of lead paint, burning of lead in enamelling workshops, lead mining, plumbing, cable making, wire patenting, lead casting, type founding in printing shops. Store type setting, assembling of cars, shot making and lead glass blowing. 31. Manufacture of cement pipes, cement products and other related work. 32. Manufacture of glass, glassware including bangles, fluorescent tubes, bulbs and other similar glass products. 33. Manufacture of dyes and dye stuff. 34. Manufacturing or handling of pesticides and insecticides. 35. Manufacturing or processing and handling of corrosive and toxic substances, metal cleaning and photo engraving and soldering processes in electronic industry. 36. Manufacturing of burning coal and coal briquettes. 37. Manufacturing of sports goods involving

exposure to synthetic materials, chemicals and leather. 38. Moulding and processing of fiberglass and plastic. 39. Oil expelling and refinery. 40. Paper making. 41. Potteries and ceramic industry. 42. Polishing, moulding, cutting, welding and manufacturing of brass goods in all forms. 43. Processes in agriculture where tractors, threshing and harvesting machines are used and chaff cutting. 44. Saw mill - all processes. 45. Sericulture processing. 46. Skinning, dyeing and processes for manufacturing of leather and leather products. 47. Stone breaking and stone crushing. 48. Tobacco processing including manufacturing of tobacco, tobacco paste and handling of tobacco in any form. 49. Tyre making, repairing, re-treading and graphite benefication. 50. Utensils making, polishing and metal buffing. 51. Zari’making (all processes)’ 52. Electroplating; 53. Graphite powdering and incidental processing; 54. Grinding or glazing of metals; 55. Diamond cutting and polishing; 56. Extraction of slate from mines; 57. Rag picking and scavenging. 58. Processes involving exposure to excessive heat and cold; 59. Mechanised fishing; 60. Food Processing; 61. Beverage Industry; 62. Timber handling and loading; 63. Mechanical Lumbering; 64. Warehousing; 65. Processes involving exposure to free silica such as slate, pencil industry, stone grinding, slate stone mining, stone quarries, andagate industry.

Consumer Price Index Number

(viii) Consumer Price Index Number Consumer Price Index (C.P.I.) is designed to measure the changes over time, in the level of retail prices of a fixed set of goods and services consumed by an average family of a defined population group in a given area with reference to the base year. It may however be mentioned that the Consumer Price Index does not measure costliness of a place but in Consumer Price Index only price changes are reflected. However this aspect could be taken care of to some extent, by revising the base year of the Index at short interval, so that relative importance of items in the family budget of the given population based on latest consumption pattern is reflected in the Index. The Consumer Price Index Number for Industrial Workers (CPI-IW) is the single most important price Statistics, which has immense financial implications. It is primarily used to regulate the dearness allowance of the government employees and the workers in the industrial sectors. It is also used in fixation and revision of Minimum Wages in scheduled employments besides measuring the inflation in retail prices. These index numbers measure the extent to which the overall level of retail prices of goods and services consumed by the Industrial Worker/Agricultural Labourer/Working Class respectively have changed when compared with the corresponding base year and are used in calculating Dearness Allowances of the workers engaged in different scheduled employments under the Minimum Wages Act, 1948 and in different Industries as per agreements and awards. In West Bengal, consumer price indices are being compiled for four different categories of population, namely,

i ) Industrial Workers, ii) Agricultural Labourers, iii) Rural Labourers and, iv) Working Class Employees, The first three indices are being compiled by Labour Bureau and the last one is compiled by the Statistics Section of Labour Commissionerate, Government of West Bengal. Labour Bureau with the approval of the Government of India first compiled Consumer Price Index Number for Industrial Workers with Base Year 1960 = 100. The C.P.I. Numbers were prepared for 50 different centres located throughout India out of which 5 centres were located in West Bengal. The base years for compilation of C.P.I. Nos. changed afterwards. Labour Bureau introduced two more series taking Base Year 1982 = 100 and Base Year 2001 = 100 which replaced the previous ones. To link the C.P.I. No. of a new base to the previous one a

133

linking factor (Multiplying factor) has been provided by Labour Bureau for each centre. The Labour Bureau has released the C.P.I.IW with Base 2001 = 100 w.e.f. January, 2006 for 78 different centers all over India out of which 9 centres are of West Bengal. These new series of Index Numbers are more representative in character and reflect the latest consumption pattern of the Industrial Workers. At present 15 (fifteen) C.P.I. Nos. are in operation in West Bengal. Labour Bureau compiles C.P.I.-IW for 9 centres in West Bengal, namely, Kolkata, Howrah, Asansol, Durgapur, Haldia, Jalpaiguri, Darjeeling, Siliguri and Ranigunj with Base 2001=100. Consumer price Index Number for Agricultural Labourers-West Bengal and Consumer Price Index Number for Rural Labourers- West Bengal on Base 1986-87 = 100 are also compiled by Labour Bureau. Statistics Section of Labour Commissionerate, Government of West Bengal compiles C.P.I. Nos. for working class for four different centres in West Bengal, namely, BankuraMidinapure, Birbhum, Nadia-Murshidabad and Malda-West Dinajpore with Base 1951 = 100.

134

Table I(a), I(b) and I(c) show Consumer Price Index Numbers for Indutrial Workers of different centres of West Bengal, on base 2001=100, on Base 1982 =100 and on Base 1960 = 100 respetively. Table II(a), II(b) and II(c) show All India Average Consumer Price Index Numbers for Industrial Workers for different Base years. Table III(a) and III(b) show Consumer Price Index Numbers for Agricultural Labourers West Bengal for different Base years. Table IV shows Consumer Price Numbers for Rural labourers -West Bengal for Base year 1986-87 = 100. Table V shows Consumer Price Index Numbers for Working Class for four centres of West Bengal, namely, BankuraMidnapore, Birbhum, Nadia-Mursidabad and Malda-West Dinajpur on Base 1951 = 100. Table VI shows Annual Average of Consumer Price Index Numbers for Industrial WorkersKolkata Centre from 2010-11 to 2014-15. Table VII shows Annual Average of All India Average Consumers Price Index Numbers for Industrial workers (Base 1960 = 100) from 2010-11 to 2014-15.

April 2014 1208 1214 1197 1436 1342 935 855 896

May 2014 1219 1241 1197 1436 1359 942 874 913

June 2014 1229 1247 1215 1442 1365 954 885 913

July 2014 1239 1263 1241 1467 1399 962 889 933

August 2014 1249 1257 1245 1462 1399 966 908 941

Sept. 2014 1244 1263 1241 1457 1393 982 904 945

Oct. 2014 1260 1274 1241 1462 1387 994 916 945

N.B. : Linking factors to arrive at Base 1960 = 100 from the Base 1982 = 100 Kolkata 4.74 ; Howrah 4.12; Asansol 4.77; Jalpaiguri 4.49 ; Darjeeling 4.99;

Name of Centres Kolkata Howrah Asansol Durgapur Haldia Jalpaiguri Darjeeling Ranigunj

Nov. 2014 1239 1263 1237 1467 1376 986 901 945

Dec. 2014 1244 1274 1237 1457 1376 974 901 937

Jan. 2015 1244 1274 1232 1452 1478 970 893 933

Consumer Price Index Number for Industrial Workers (Base: 1982 = 100)

Table- I(b) Feb. 2015 1239 1263 1232 1447 1466 962 893 937

Name April May June July August Sept. Oct. Nov. Dec. Jan. Feb. of centres 2014 2014 2014 2014 2014 2014 2014 2014 2014 2015 2015 Kolkata 236 238 240 242 244 243 246 242 243 243 242 Howrah 224 229 230 233 232 233 235 233 235 235 233 Asansol 274 274 278 284 285 284 284 283 283 282 282 Durgapur 280 280 281 286 285 284 285 286 284 283 282 Haldia 238 241 242 248 248 247 246 244 244 262 260 Jalpaiguri 236 238 241 243 244 248 251 249 246 245 243 Darjeeling 225 230 233 234 239 238 241 237 237 235 235 Siliguri 229 230 231 235 237 237 240 238 235 232 229 Ranigunj 223 227 227 232 234 235 235 235 233 232 233 N.B. : Linking factors to arrive at Base 1982 = 100 from the Base 2001 = 100, series Kolkata 5.12 ; Howrah 5.42; Asansol 4.37; Durgapur 5.13; Haldia 5.64; Jalpaiguri 3.96; Darjeeling 3.80; Raniganj 4.02.

Consumer Price Index Number for Industrial Workers (Base: 2001 = 100)

Table- I(a)

March 2015 1239 1263 1232 1447 1466 966 885 933

March 2015 242 233 282 282 260 244 233 232 232

Consumer Price Index Number

135

Year

Year 2012-13 2013-14 2014-15

Kolkata

4759 5195 5726 4330 4734 5002 4713 5147 5710 3309 3772 4198 3643 4002 4266

April 4783 5290 5778 4400 4754 5113 4713 5171 5710 3359 3772 4230 3643 4002 4361

May 4854 5337 5825 4511 4779 5138 4794 5314 5796 3376 3893 4283 3658 4022 4416

June 4901 5389 5873 4487 4779 5204 4813 5400 5920 3412 3965 4319 3698 4057 4436

July 4977 5584 5897 4602 4890 5204 4980 5524 5920 3536 4090 4409 3792 4212 4511

Sept.

Table- II(a)

4901 5532 5920 4532 4870 5179 4961 5524 5939 3430 4090 4337 3792 4097 4531

Aug. 5024 5726 5972 4623 5002 5249 5023 5610 5920 3628 4198 4463 3847 4306 4571

Oct. 5096 5778 5873 4623 5026 5204 5047 5648 5900 3646 4230 4427 3867 4341 4496

Nov. 5072 5655 5897 4577 4936 5249 5066 5505 5900 3574 4126 4373 3867 4306 4496

Dec.

Consumer Price Index Number for Industrial Workers (Base: 1960 = 100)

Table- I(c)

5048 5607 5897 4577 4890 5249 5066 5543 5877 3646 4090 4355 3867 4246 4456

Jan.

April 205 226 242

May 206 228 244

July 212 235 252

Aug. 214 237 253

Sept. 215 238 253

Oct. 217 241 253

Nov. 218 243 253

Dec. 219 239 253

Jan. 221 237 254

Linking factor to arrive at 1982 = 100 from 2001 = 100 is 4.63.

June 208 231 246

5072 5555 5873 4623 4845 5204 5128 5543 5877 3646 4144 4319 3887 4266 4456

Feb.

Feb. 223 238 253

All India Average Consumer Price Index Number for Industrial Workers (Base: 2001 = 100)

2012-13 2013-14 2014-15 2012-13 Howrah 2013-14 2014-15 2012-13 Asansol 2013-14 2014-15 2012-13 Jalpaiguri 2013-14 2014-15 2012-13 Darjeeling 2013-14 2014-15

Name of centres

136 March 224 239 254

5096 5631 5873 4602 4911 5204 5085 5567 5877 3664 4162 4337 3867 4246 4416

March

June July 963 982 1070 1088 1139 1167

Aug. 991 1097 1171

Sept. 995 1102 1171

Oct. 1005 1116 1171

Nov. 1009 1125 1171

Dec. 1014 1107 1171

Jan. 1023 1097 1176

Table- II(c)

Linking factor to arrive at 1960 = 100 from 1982 = 100 is 4.93.

May 954 1056 1130

Feb. 1032 1102 1171

4679 5157 5522

April 596 663 742

2012-13 2013-14 2014-15

Year 2012-13 2013-14 2014-15

July

4748 4841 5275 5364 5615 5753

June 4905 4955 5433 5502 5773 5773

Sept. Oct.

Table- III(a)

4886 5408 5773

Aug. 4974 5546 5773

Nov. 4999 5458 5773

Dec.

5043 5408 5798

Jan.

May 600 682 740

June 612 690 753

July 625 703 770

State : West Bengal Aug. Sept. Oct. Nov. 636 641 647 651 715 722 732 750 775 772 768 764

Dec. 652 731 751

Jan. 660 725 742

Consumer Price Index Number for Agricultural Labourers Base: 1986-87 = 100

4703 5206 5571

May

N.B. : Linking factor to arrive at 1960-61 series from the 1986-87 series is 5.73.

April

Feb. 658 720 739

5088 5433 5773

Feb.

All India Average Consumer Price Index Number for Industrial Workers Base: 1960 = 100

April 949 1046 1120

Year

Year 2012-13 2013-14 2014-15

All India Average Consumer Price Index Number for Industrial Workers Base: 1982 = 100

Table- II(b)

March 658 728 733

5112 5458 5798

March

March 1037 1107 1176

Consumer Price Index Number

137

April

3415

3799

4252

April

602

669

753

Year

2012-13

2013-14

2014-15

Year

2012-13

2013-14

2014-15

138 751

689

608

May

4240

3908

3438

May

July

4441

4097

3644

Aug.

Table- IV

4424 4401

4137 4194

3673 3707

Sept. Oct.

4378

4298

3730

Nov.

4303

4189

3736

Dec.

763

697

619

June

780

710

632

July

785

722

642

Aug.

782

731

647 779

741

654

Sept. Oct.

775

759

658

Nov.

State : West Bengal

761

740

659

Dec.

Consumer Price Index Number for Rural Labourers (Base: 1986-87 = 100)

4315 4412

3954 4028

3507 3581

June

State : West Bengal

753

734

666

Jan.

4252

4154

3782

Jan.

Consumer Price Index Number for Agricultural Labourers (Base: 1960-61 = 100)

Table- III (b)

750

730

665

Feb.

4234

4126

3770

Feb.

744

738

664

March

4200

4171

3770

March

5056 4438

2014-15

2012-13

2013-14

2014-15

WEST

DINAJPUR

4230 4531 4830

4217 4512 4791

2012-13

MALDA-

4941

4910

2014-15

4665

4659

4487

5096

MUSHIRDABAD 2013-14

5057

2014-15

4805

4476

4773

2013-14

4450

5098

4815

4437

May

2012-13

NADIA-

BIRBHUM

4786

2013-14

MIDNAPORE

4411

2012-13

BANKURA-

April

Year

Name of centres

4706

4522

4851

4624

4867

4551

July

4217 4268 4554 4581 4857

4970

4701

4447

5129

4824

4455

5129

4835

4464

June

4295 4653

4774

4540

4921

4630

4926

4574

Aug.

4345 4690

4800

4549

4959

4643

4956

4617

Sept.

4404 4777

4887

4560

5057

4680

5043

4683

Oct.

4428 4817

4905

4570

5091

4683

5089

4747

Nov.

Consumer Price Index Number for Working Class (Base: 1951 = 100)

Table- V

4851

4547

4987

4681

4989

4706

Jan.

4453 4442 4739 4730

4853

4548

4999

4684

4998

4727

Dec.

4457 4685

4788

4572

4962

4718

4956

4729

Feb.

4486 4733

4845

4597

5003

4729

4999

4750

March

Consumer Price Index Number

139

Table-VI Consumer Price Index Number for Industrial Workers (Base : 1960 = 100 ) Kolkata Centre Year 2010-11 2011-12 2012-13 2013-14 2014-15

Annual Average ... ... ... ... ...

4259 4530 4965 5523 5867

Table-VII All India Average Consumer Price Index Numbers for Industrial Workers (Base : 1960 = 100 ) Year 2010-11 2011-12 2012-13 2013-14 2014-15

140

Annual Average ... ... ... ... ...

4103 4447 4911 5387 5725

Directorate of Factories

3

Directorate of Factories

T

he Directorate of Factories, under the Department of Labour, Govt. of West Bengal is mainly responsible for implementation and administration of the Factories Act in the State. It is primarily engaged in fulfilment of goals in respect of safety, health & welfare of the factory workers inside the factory premises by preventing possibility of accidents, and occupational health hazards such that any person can work inside the factory without fear. Mitigating deprivation of factory workers by attending complaints, elimination of occupational diseases and industrial disasters are also the major goals of this Directorate. It is the apex body for registration, approval of plan and issuance of licence for the factories in the state under the Factories Act. Besides, the Directorate also administers different labour related Acts & Rules, conducting seminars, safety related training programmes and industrial hygiene related surveys. It is also responsible for looking after the Safety and Health conditions of the Building and Other Construction Workers in the state of West Bengal. In a major breakthrough, the Directorate has introduced online submission of application for Registration and grant of license

141

for factories, approval of plants and renewal of license for factories from 1st April, 2014. From September 2014, it has also introduced online submission of fees for grant and renewal of license through the GRIPS portal of Finance Department, GOWB. The Directorate has also introduced online submission of different returns by the factories. It is also in the process of computerization of the Research Statistical Cell. Activities : This Directorate is responsible for administration of the following Acts and Rules: (1) The Factories Act, 1948 and the Rules framed there under (The West Bengal Factories Rules, 1958), [The West Bengal Factories (Exemption) Rules, 1982], [The West Bengal Factories (Welfare Officers) Rules, 1971], [The West Bengal Factories (Safety Officers) Rules, 1978]. (2) The Payment of Wages Act, 1936 and the West Bengal Payment of Wages Rules, 1958. (3) The Maternity Benefit Act, 1961 and the West Bengal Maternity Benefit Rules,1965. (4) The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989. (5) The Chemical Accidents (Emergency planning preparedness and Response) Rules, 1996. (6) The Child Labour (Prohibition and Regulation) Act, 1986 and the West Bengal Child Labour (Prohibition and Regulation) Rules, 1995. (7) Rules under Part-III (Safety & Health) of the West Bengal Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Rules, 2004.

142

The prime target of this Directorate is to lessen the industrial disaster and occupational health hazards and provide right counsel to the factory management for ensuring total safety and health of the factory workers. For this, the essential

functions performed by this Directorate include the following :

Essential Functions :

(i) Registration and Licensing of factories and collection of fees. (ii) Approval of plans. (iii) Periodic routine inspection of all factories in order to find out the compliance with the provisions of the Acts & Rules and to take legal action, when required. (iv) Investigation of complaints, Accidents and Dangerous occurrences. (v) Identification of Major Accident Hazards factories (MAH) and advising these factories for preparing on - site emergency plans, safety reports etc.. (vi) Surveys of work environment to evaluate the occupational stress parameters. (vii) Medical surveillance of the workers. (viii) Multi-disciplinary study of safety and health problems. (ix) Implementation of the welfare measures as contemplated under the law. (x) Designing safety features of the plants, equipment and systems. (xi) In-plant safety training of the workers. (xii) Helping the management in preparation of Material Safety Data Sheet (MSDS), safety reports, Hazards analysis reports and in holding mock drill to determine efficacy of on-site emergency plan. (xiii) Arranging meeting with the District or local authority of the District crisis group/ local crisis group. In this financial year (2014-15), the officers of the Directorate visited 3311 factories, examined 3780 workers in different hazardous factories in connection with occupational diseases. It has conducted 30 industrial hygiene surveys to detect different work-environmental stress factors. This year the Directorate has registered 666 new factories. It has collected total Rs. 1,30,30,769.00 as licence fees from various factories in the state. It has also collected Rs.15,46,000/- as fine imposed from prosecution of different types of cases during this period.

Directorate of Factories

(1) The Factories Act, 1948 The Factories Act, 1948 has been designed for administering factories to ensure safe and healthy work environment in the work place. The Act has also provision relating to licencing and registration of factories, working hours, leave with wages and employment of workers including young persons. Women and young persons have been prohibited for working in certain employments. There are also special provisions relating to dangerous operations and hazardous processes, inspections and investigations of accidents and dangerous occurrences, occupational diseases and medical examinations of workers, safety and health surveys etc. There are also penal provisions for non-compliance of statutes. The State Government has framed the following Rules under the Factories Act, 1948. (i) (ii) (iii) (iv)

The West Bengal Factories Rules, 1958. The West Bengal Factories (Welfare Officers) Rules, 1971. The West Bengal Factories (Safety Officers) Rules, 1978. The West Bengal Factories (Exemption) Rules, 1982.

Number of Registered Factories The number of registered factories under different categories during the last three years is shown in Table 1.

Table 1

Number of registered factories in West Bengal at the close of the financial year Year 2012-13 2013-14 2014-15

Factories U/s 2m(i)* 14,612 15,186 15,824

Factories U/s 2m(ii)** 156 156 156

* employing 10 or more workers with power; *** employing below 10 workers;

Factories U/s 85*** 1,383 1,402 1,411

Total 16,151 16,744 17,391

** employing 20 or more workers without power;

A total of 653 number of factories have been registered under section 2m (i) and 13 number of factories registered under section 85 respectively in the year 2014-15. Total 19 numbers of closed factories {(15 in 2(m) (i) category, 4 in Section 85 Category)} were crossed off from the register during the year 2014-2015. The net increase in the number of factories was 647 while the increase in employment of workers was 31837. Employment wise distribution of new factories in the year 2014-2015 is depicted in Table 2.

Table 2 Distribution of Factories registered during 2014-15 Category of Factories/ Workers Up to 9 10 to 19 20-49 50-99 100-499 500+ Total

Section 2m(i) & 2m(ii) Number Number of Factories of workers 69 1085 289 5935 214 11736 76 11000 5 2500 653 32256

Section 85 Number Number of Factories of workers 13 91 13 91

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Licence fees Total amount of licence fees collected during the period from 01.04.2014 to 31.03.2015 was Rs. 1,30,30,769.00 (Rupees one crore, thirty lakh, thirty thousand seven hundred and sixty nine only).

Inspection: The number of visits paid by the Inspectors during the last three years are shown in Table-3.

Table 3 Number of visits to Factories by the Inspectors Year

2012-13 2013-14 2014-15

Registered Factories

U/s 2(m)* 2478 2748 2360

Unregistered Factories

U/s 85** 107 36 41

U/s 2(m) 1033 941 841

U/s 85 203 54 44

Nonamenable Factories

Total

307 258 227

4128 4040 3513

Approval of plans: This Directorate is responsible for approving all types of factory plans in respect of occupational health, safety and related matters. This includes new construction, additional installation of plant/ machinery, extension of existing structure and other various types of work. This is depicted in Table 4.

Table 4 Plans approved by the Directorate Year

Total

2012-13 2013-14 2014-15

654 598 924

Employment

144

The Employment position in Factories under important industrial groups for the last three years is shown in Table 5, while the district wise position of factories and the average number of workers employed therein is shown in Table-6. Table-7 and Table-8 show total employment in factories during the last three years and women employment in factories in the State during last three calendar years respectively. Table-9 shows the violation of health provisions of the Factories Act during the financial year, 2014.

Directorate of Factories

Table 5 Average daily number of workers* employed in major industrial groups in West Bengal as per statutory Annual Returns (Form 22) furnished by the employers (figures within brackets indicate the number of factories) Industry Groups with NIC”98

2011

2012

2013 (p)

Rice (15312)

20,773 (837)

21,093 (852)

23,008 (908)

Tea (15491)

30,251 (373)

30,401 (376)

31,971 (403)

Cotton textiles (17111, 17115, 17118, 17121)

49,332 (411)

49,431 (416)

49,741 (427)

2,14,834 (111)

2,15,204 (112)

2,15,204 (112)

Leather & Leather Products (19111 to 19119)

17,144 (530)

17,502 (535)

18,165 (547)

Paper and Paper products (Div. 21)

14,980 (304)

15,270 (311)

15,498 (341)

Printing & Allied Industries (Div. 22)

18,272 (469)

19,836 (503)

22,336 (570)

Rubber & Rubber Products (25111 to 25199)

13,932 (380)

15,057 (414)

17,174 (434)

Chemical & Chemical products (Div. 24)

41,092 (895)

42,430 (911)

44,347 (959)

Glass & Glass Products (26101 to 26109)

9,364 (100)

2,116 (112)

2,216 (112)

3,65,996 (6103)

3,68,224 (6161)

3,73,981 (6298)

8,083 (47)

8,133 (48)

7,640 (45)

Electricity (40101 to 40109)

19,660*** (92)**

21,433*** (95)**

20,792*** (94)**

All Industries

1,00,0126 (15,567)

1,03,9613 (16,151)

1,07,7874 (16,744)

Jute & Allied Industries (17119)

Engineering (27 to 36, 50, 52601 to 52609) Ship Building & Repairs (35111 to 35117)

* Worker means an employed person defined under section 2(l) of the Factories Act,1948 ** Figures includes substations also *** Workers engaged only in power generation

145

Table 6 District wise average daily number of workers employed in Factories as per statutory Annual Returns (Form 22) furnished by the employers (Figures within brackets indicate the no. of Factories) District

2011

2012

2013 (p)

Bankura

12,356 (243) 7,217 (175) 1,11,729 (1162) 20,534 (1027) 2,774 (45) 16,215 (309) 1,03,547 (752) 1,74,616 (3179) 30,814 (534) 2,689 (73) 45,313 (388)

12,905 (255) 7477 (181) 1,15,576 (1201) 21099 (1055) 2,824 (46) 16,665 (313) 1,04,837 (780) 1,78,109 (3257) 31,191 (540) 2,759 (75) 45,838 (393)

13,036 (257) 7,827 (194) 1,17,604 (1249) 21,929 (1086) 3,244 (50) 17,215 (322) 1,06,701 (815) 1,94,557 (3390) 33,886 (587) 3,169 (80) 47,718 (435)

5,101 (71) 15,372 (224) 6,940 (103) 4,30,193 (7173) 6,740 (109) 26,575 (25)

5,641 (79) 15,655 (234) 7,270 (109) 4,35,719 (7381) 6,790 (110) 26,575 (25)

6,051 (84) 15,895 (238) 7,390 (112) 4,69,984 (7562) 7,750 (123) 26,575 (25)

10,20,705 (15,592)

10,39,613 (16,151)

10,77,874 (16,744)

Birbhum Bardhaman Kolkata Coochbehar Darjeeling Hooghly Howrah Jalpaiguri Malda Purba & Paschim Medinipur Murshidabad Nadia Purulia 24-Parganas North & South Dinajpur North & South Defence Factories All Industries

Table 7 Total employment

146

Years

2012-13

2013-14

2014-15

Total employment

10,39,613

10,77,874

11,09,711

(p) denotes provisional

Directorate of Factories

Table 8 Employment of Women in Factories as per statury Annual Returns (Form 22) furnished by the employers Year

Average daily no. of women workers employed

2011 2012 2013

18,910 18,950 18,979

Table - 9 Violation of health provisions observed during this year 2014-15 Ventilation & Temperature (Sec. 13)

Dust & Fumes (Sec. 14)

Over crowding (Sec. 16)

(1)

(2)

154

114

Lighting (Sec. 17)

Drinking Water (Sec. 18)

Latrines & Urinals (Sec. 19)

(3)

(4)

(5)

(6)

3

40

114

89

Total = 514

Safety The safety provisions of the Factories Act,1948 are mainly concerned with reducing or avoiding work related injuries and accidents by elimination of unsafe conditions and unsafe Acts. The provisions relate to fencing of machinery, work on or near machinery in motion, employment of young persons on dangerous machines, hoists and lifts, lifting machines and tackles, precautions in case of fire, dangerous fume, explosive or inflammable dust and gases, storage and

handle of hazardous substances/chemicals emergency preparedness, appointment of safety officers etc. The Government has notified the names of the factories where appointment of Safety Officers is compulsory. The Officers of this Directorate are involved in extending co-operation to the Regional Labour Institute, Government of India, for conducting Diploma in Safety Engineering courses under the West Bengal State Council of Technical Education.

Table 10 Accidents in Factories Year 2012-13 2013-14 2014-15

No. of accidents (All Factories) Fatal Non-Fatal Total 71 77 66

17,756 19,250 18,730 (p) denotes ‘Provisional’

17,827 19,327 18,796

147

148

Total

10,120 10,112 8,964

Year

2012-13 2013-14 2014-15

Rescue operation from a height using ladle at Alloy Steel Plant, SAIL, Durgapur

Jute Incidence % of rate (per total 1000 West Workers) Bengal Accident 47.13 56.76 46.98 52.32 47.06 47.69 4,234 4760 5129

Total

2332 2467 2602

Total

48.03 49.14 52.31

Cotton Incidence rate

Incidence Rate-per 1000 workers.

Engineering Incidence % of rate total West Bengal Accident 10.09 23.75 10.05 24.63 13.71 27.29

Industry Wise Accidents In West Bengal

Table 11 % of total West Bengal Accident 13.08 12.76 13.84

1145 1516 1619

Total

20.95 20.87 36.51

Chemicals Incidence rate

% of total West Bengal Accident 6.42 7.84 8.61

Directorate of Factories

Table 12 Cause wise Distribution of Accidents Causes Machinery Struck by Falling Body Stepping on or striking against object Handling of goods Persons falling (PFA + PFL + PFP) Hand tools Fires Gassing Others

2012-13 7849 (36.86) 2143 (10.06) 2567 (12.06)

2013-14 6781 (35.09) 2051 (10.61) 2356 (12.19)

2014-15 7193 (38.27) 2126 (11.31) 2116 (11.26)

1889 (8.87) 3214 (15.09) 1883 (8.84) 48 (0.23) 38 (0.18) 1663

1544 (7.99) 3212 (16.62) 1994 (10.32) 37 (0.19) 24 (0.12) 1328

1479 (7.87) 4139 (22.29) 1355 (7.21) 42 (0.24) 56 (0.03) 290

(7.81)

(6.87)

(1.54)

N. B. The figures in the brackets indicate percentage of total accidents. P - denotes ‘Provisional’

149

Table 13 Agency wise distribution of fatal Accidents

150

Items

2012-13

2013-14

2014-15

Prime movers, steam, gas and other engines, electric motors (not electric shock)

1

3

0

Transmission machinery

5

5

3

Lifting machinery

-

1

2

Machine Tools for metal working

-

-

1

Wood working machinery

-

-

-

Rollers of calenders, mixers, etc. not for metals or wood working (nip’ accidents)

2

2

-

Other machinery moved by mechanical power

4

7

13

Railways

-

-

-

Others vehicles

-

-

-

Electricity

7

13

11

Explosion

4

8

10

Fires

1

3

1

Gassing

-

1

2

Molten metal, other hot or corrosive substances

6

2

-

Machinery not moved by mechanical power

-

-

-

Use of hand tools

-

-

-

Struck by falling bodies

7

-

2

Persons falling

31

20

11

Stepping on or striking against the object

2

-

4

Handling goods or articles

1

-

-

Others

0

12

6

Total

71

77

66

p - denotes ‘Provisional’.

Directorate of Factories

Table 14 Industry wise Distribution of Fatal Accidents Sl. No.

01. 02. 03. 04. 05. 06. 07. 08. 09. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23.

Industry Manufacture of Food Products Manufacture of beverages, tobacco & tobacco products Manufacture of cotton textiles Manufacture of wool, silk & man-made fiber textiles Manufacture of jute and other fiber textiles Manufacture of textile products Manufacture of wood & wood products, Furniture & Fixtures Manufacture of paper & paper products & printing, publishing & allied Industries Manufacture of leather & leather products & fur etc. Manufacture of basic chemicals & chemical products including fire works Manufacture of rubber, plastics, petroleum & coal products, processing of nuclear fuels Manufacture of non-metallic mineral products Basic metals & alloy industries Manufacture of metal products & parts, except machinery and transport equipment Manufacture of machinery & equipment other than transport equipment including electrical machinery Manufacture of transport equipment & parts Repair of capital goods Electricity generation, transmission & distribution Gas & steam generation & distribution through pipes Water works and supply Storage & warehousing services Services incidental to transport Repair services Total

2012-13

2013-14

2014-15

2 2

4 8

3 5

1 -

1 0

0 -

5

7

2

1 -

0 0

0 0

2

3

0

1

1

0

10

2

5

4

3

3

-

0

1

34 -

32 1

30 3

6

8

8

2

0

1

14

0 7

5

4

0

-

-

0 0 0 0

-

71

77

66

p-denotes ‘Provisional’.

151

(2)

11954

10112

8964

(1)

2012-13

2013-14

2014-15

1714 (14.34) 1437 (14.21) 1210 (13.50)

(3)

Spinning machines

1579 (13.21) 1331 (13.16) 1120 (12.49)

(4)

Winding machines

1432 (11.98) 1187 (11.74) 1024 (11.42)

(5)

Looms

(7)

Total

1524 6250 (12.75) (52.28) 1216 5171 (12.03) (51.14) 1342 4696 (14.97) (52.39)

(6)

Others

No. of Accidents caused by Jute machinery

638 (5.34) 514 (5.08) 628 (7.01)

(10)

Persons falling

254 254

2012-13

2013-14

2014-15

209

289

278

No. of Safety Officers required

*Figures includes no. of factories proposed to be de-notified due to closure or reduction in employment.

No. of Factories notified for employment of Safety Officer 254

Year

541 (4.52) 492 (4.87) 467 (5.21)

(9)

Falling Objects

Employment position of Safety Officers in Factories

Table 16

706 (5.90) 523 (5.17) 508 (5.67)

(8)

Hand Tools

(13) 3290 5704 (27.53) (52.10) 2993 4941 (29.6) (48.86) 2287 4268 (25.51) (47.61)

(12)

Total

166

168

172

No. of Safety Officers actually employed

530 (4.43) 419 (4.14) 378 (4.22)

(11)

Manual Others handling

No. of Accidents caused by factors other than Jute machinery

Cause wise Distribution of Jute Mill Accidents

Table 15

N. B. Figures in brackets indicate percentage of total Jute Mill Accidents.

Total No. of Accidents in Jute Mills

Year

152

Directorate of Factories

Table 17 Violation relating to safety and working hours provisions detected by the Inspecting Officers during 2014-15 Fencing of Machinery

Work on Employment Machinery of Young Persons

Striking gear

Hoists & Lifts

Lifting Machinery

Revolving Machinery

(S/21)

(S/22)

(S/23)

(S/24)

(S/28)

(S/29)

(S/30)

469

0

0

0

45

253

31

Pressure plant

Floor, Stairs etc. (S/32) 114

(S/31) 239

Pits, sumps etc. (S/33) 58

Excessive weight

Protection Dangerous of eyes fumes

(S/34) 0

(S/35) 30

Explosions Precautions flammable in case of dust etc. fire (S/37) (S/38) 0 625

(S/36) 5

Rule 47 (containing further provisions of fencing/guarding) Jute (Sch. I) 25

Cotton (Sch.II) 24

Wood (Sch. III) 9

Rubber (Sch. IV) 9

Power Press (Sch. V) 24

Safety Provisions for Dangerous Operations Under Sec. 87/Rule 94 A/Water (Sch. I)

Plating (Sch. II)

F/Accr (Sch. III)

Glass (Sch. IV)

Grinding (Sch. V)

Lead (Sch. VI)

Generation of Gas (Sch. VII)

0

2

1

0

1

4

2

Printing

Pottery

Rayon works

Chemicals

Cellulose

(Sch.XIV)

Compressed Hydrogen or Oxygen (Sch.XV)

(Sch.XVI)

(Sch.XVII)

(Sch.XVIII)

(Sch.XIX)

0

0

2

0

105

0

Sand/Shot Blast (Sch.VIII) 1

Tanning

Softening

Cellulose

(Sch.IX) 0

(Sch.X) 0

Lifting Bales (Sch.XI) 0

Chromic acid (Sch.XIII) 0

Benzene

Manganese & its compounds (Sch.XXII)

Dangerous Pesticides

(Sch.XX)

Solvent Extraction Plants (Sch.XXI)

(Sch.XXIII)

Carcinogenic dye intermediates (Sch.XXIV)

(Sch.XXV)

3

3

12

2

0

80

(Sch.XII) 80

Asbestos

153

Free Silica

Corrosive Substances

Carbon disulphide

Noise level

Foundry operations

(Sch.XXIX)

Highly inflammable liquid & compressed gases (Sch.XXX)

(Sch.XXVI)

(Sch.XXVII)

(Sch.XXVIII)

40

18

9

50

105

20

Spread Over (S/56) 1

Night Shifts

(Sch.XXXI)

Working hours provisions Weekly Hours (S/51) 4

Weekly Holidays (S/52) 1

Daily Hours

Rest Intervals

(S/54) 23

(S/55) 29

Overlapping Overtime Double Shifts wages employment (S/58)

(S/59)

(S/60)

Notice of Periods of work (S/61)

16

0

0

406

Total - 3535

Research and Development Wing Research and Development Wing conducts multidisciplinary studies on safety and health problem in factories. The wing has four cells namely Chemical Cell, Medical Cell, Industrial Hygiene Cell and Research Statistics Cell. The major activities of the Cells during the year under review are outlined serially below :

154

z Activities of Chemical Cell in West Bengal 2014-15 The Chemical Cell conceptualize to strengthen enforcement of statutory provisions of the Factories Act and Rules vis-a-vis, safety and environment in factories as a priority started identification of both hazardous and Major accident hazard (MAH) factories in West Bengal. The criteria for identification of major accident hazard factories was started on the basis of the threshold storage quantities of hazardous chemicals in the state in accordance with the ILO guidelines and the Factories Act, 1948, as amended in 1987. In the

(S/57) 6

Register of adult workers (S/62)

Exemption rules

Employment of Women

(S/64)

(S/66)

555

0

0

year 1991, the number of M.A.H. factories which include LPG Plants, Caustic Chlorine Plants, Integrated Steel Plants, ferro alloys industries, Power Plants, Oil Terminals, Petroleum Refineries, Petrochemicals, Pesticides, battery manufacturing, lead refining and lead oxide manufacturing industries, coal tar distillation units, dying and bleaching industries, rayon manufacturing units, paper, glass, paint & pigments industries. Water Treatment Plants, Fertilizer Plants etc. identified was 41 which increased to 85 at present (120% increase). The number of industries in the chemical and allied sector (viz- basic chemicals, other fine chemicals, pharmaceuticals, paper, glass food preservation, solvent extraction, hydrogenation of vegetable oil, water treatment plants, beverages, power plants, cement, industrial adhesives, paint and pigment, electro-plating, acid picking and galvanization, lead compounds, pesticides etc) have also increased since 1991 (percentage growth is about 80). Prior to 1988, the regulating

Directorate of Factories

to the prevention and control of hazardous chemicals and chemical hazards was the Factories Act 1948, as amended in 1987) and the Rules made there under. After 1988, two new regulations were notified under the Environment Protection Act, 1986 (E. P. Act, 1986) :1) The Manufacture Storage and Import of Hazardous Chemicals Rules, 1989 (MS & IHC Rules, 1989) 2) The Chemical Accident (Emergency Planning, Preparedness and Response) Rules, 1996. In addition to some of the provision relating to hazardous processes and dangerous operations prescribed under the Factories Act and Rules, the Chemical Cell is implementing the aforesaid regulations specified under E. P. Act, 1986. The major role of Chemical Cell as specified in the ILO Directives is identification of chemical hazards by through inspection of chemical and allied industries and implement control measures to prevent major accidents (fire explosion & toxic release) resulting from unsafe industrial activities affecting plant personnel, neighbouring populace and environment. The major thrust on the activities of Chemical cell was guiding the factories in formulating Onsite emergency plans, implementation of the said plans by way of conducting mock drills inside the factory premises to assess the efficacy of the emergency facilities and the ability of the team members, implemention of the provision of MSI&HC Rules, 1989 (Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989) under the EP Act, 1986 which includes responsibility of the occupier having control of the industrial activities in connection with the identification, assessment and control of major accident hazard. The MAH factories were also advised to update their emergency plans, safety audit and safety reports of the above referred Rules. The officers of the Cell are also submitting their views on Factory plans, On-site Emergency Plans

and safety audit reports for necessary modification or improvement of the same. In connection with the off-site emergency plans for the districts, necessary information required by the government nodal departments or district authorities were furnished from time to time by the Chemical Cell. The other special activity performed by the Chemical Cell was onward transmission of specific information related to Major Accident Hazard installations in West Bengal to the Ministry of Environment and Forest, Govt. of India, New Delhi as required for preparing a National Data Base: Communication and sharing of relevant information with the Crisis Groups at Central, State and District level related to prevention and control of chemical hazards notified under Chemical Accidents (Emergency, Planning, Preparedness and Response Rules), 1996 framed under the E. P. act, 1986. Moreover the Chemical Cell had prepared Safe Operating Procedures (SOP) and crisis management plan (CMP) for industries other than chemical under the guidance of the Chief Inspector of Factories. In addition booklets on safety, fire and handling of specific chemical were prepared as desired by the Chife Inspector of Factories. During routine inspection and visits to chemical and allied industries, implementation of preventive control measures like :(1) Containment and neutralization system for corrosive & toxic chemicals viz. acids, alkali, chlorine, ammonia, etc. (2) Emergency kits, self-contained breathing apparatus, etc. for toxic substances viz. chlorine, ammonia, etc. (3) Improvement in the maintenance and use of control systems like alarm, fire fighting, bonding and earthing, gas detection and monitoring, ventilation and lighting for handling of highly flammable substances like petrol, diesel, hexane, carbon disulfide, benzene, toluene,

155

ethylbutyl acetate, acetone, IPG etc. (4) Personal protective equipment like respirators, protective clothing, safety helmets and boots, eye goggles, dust masks, ear muffs, eye wash and safety shower etc. (5) Good house keeping. (6) Work permits systems etc. are also being enforced. The Chemical Cell had also enforced the development of mutual aid system for tackling an emergency situation in MAH industries, inculcating motivation and safety awareness in workers through in plant training programmes (both class room and practical) in both MAH and hazardous industries, as well as enforcing development of Material Safety Data Sheet (MSDS) for hazardous chemicals, Health and Safety Policy, emergency instructions including Do’s and Don’ts for storage and handling of hazardous substances, Risk and Consequence analysis, Hazard and operability studies and other engineering control measures, etc. To achieve emergency preparedness in Industries, a series of inter-factory mock drill competitions on industrial disaster management and control (practical demonstration by the industries) in presence of statutory authorities like MOE & F, Govt. of India, Factories Directorate and District Emergency Authorities wherein the public emergency services were being mobilized to attend those drills to inculcate awareness and participative feeling. Table 18 Activity Report of Chemical Cell for the year 2014-15 MAH Factories Hazardous Factories

156

On-site Emergency Plan Submitted Safety Audit Report Submitted or Scrutinised Safety Report Submitted or Scrutinised Mock Fire Drill/Emergency Plan Rehearsal Conducted

61 (Units)** 116 (visits)** 295 (units)** 312 (visits)** 76 24 13 58

** CUMULATIVE FIGURE OF MAH FACTORIES * CUMULATIVE FIGURE OF HAZARDOUS FACTORIES

MEDICAL CELL The officer of the Medical Cell carry out inspection of the factories to implement ‘Medical Provisions’ vis-á-vis Health and welfare chapters of the Factories Act, 1948 read with the West Bengal Factories Rules, 1958. All the officers possess post-graduate qualification. The main emphasis is usually given on ‘Hazardous Processes’ and ‘Dangerous Operations’ where unless special care is taken, there could be serious bodily injury or occupational diseases etc. Apart from regular factory inspection, monitoring of pre-employment and periodical medical examination (as per requirement of the statute) of the exposed workers forms an integral part of their activities. Table 19 shows details relating to the investigations made on workers of different factories subjected to pathological and radiological examinations for investigation of occupational diseases.

Table 19 Clinical and Laboratory examination of workers during 2014-15 Pathological : Blood Urine Stool Radiological (X-Ray) Lung function test Sputum test Liver function test Audiometry Occupational diseases suspected No. of workers declared unfit for further work Eye Test Clinical Examination Others

Total 24 0 0 24 1420 1420 1420 -

Directorate of Factories

Industrial Hygiene Cell In earlier days the term Safety in an industry was restricted within the meaning of being safe from the visible unsafe conditions and restrain from adopting an unsafe act. With advancement of technology different chemicals including toxic & hazardous substances are being used as raw materials in the factories, offensive fumes, dust, gases and by-products are being generated causing risk of serious health impairment to both the on-site workers and off-site people. This health hazards may not be identified immediately after the exposure but after the lapse of even few years the person may be sick. Keeping in view of this international problem different new enactments have come in the last few years in the field of occupational safety & Health. The industrial Hygiene Cell of the Directorate of Factories is working to identify the potential hazards in an industry which may lead to serious health impairment of any person, monitor the hazards and suggest the management the control measures. IMPORTANT ACTIVITIES UNDERTAKEN Studies/Surveys :The cell during the year conducted 30 (thirty) multi-directional studies/surveys in different types of industries like jute, oil, blending & packing, foundries, engineering etc.. In Jute Industry, the main hazards are high noise level, improper illumination, jute dust and inadequate ventilation. All these parameters were measured and it was found that concentration of jute dust exceeded the permissible level in almost all the factories. Noise level exceeded the permissible limit at many locations of the factories, it was highly exceeded particularly in looms, illuminations levels and air velocity were below the recommended level at many locations of almost all the factories where surveys were conducted. Detailed report of work-environment monitoring

showing the data obtained during survey and the suggestion/recommendations for the improvement of the work-environment are sent to every management and follow-up action is also taken. OTHER IMPORTANT ACTIVITIES Apart from I.H. Survey in different factories on regular basis as per stature, demonstration & display were also carried out for the students of the Diploma in Industrial Safety Course and for the students of the Constructional Safety Courses of different institutes including State Labour Institute, Govt. of W.B. in the training centre of this office as additional activities. In addition, the cell displayed and demonstrated sampling and monitoring instruments at an exhibition held at Gaganendra Art Gallery (1st floor) adjacent to Sisir Mancha 1/1A, A.J.C. Bose Road, Kol-20 on 04.03.15 as part of observance of 41th NATIONAL SAFETY DAY by Natioanal Safety Council, West Bengal Chapter in collaboration with this Directorate.

RESEARCH STATISTICS CELL Research Statistics Cell is a key unit of this Directorate and works towards managing data relating to Factories. This division prepares various reports relating to safety, health, welfare, employment, Payment of Wages, Maternity Benefit etc. in respect of all the Registered factories in West Bengal. This division generates the reports by analyzing various annual returns submitted by the registered factories and inspectors of this directorate. This Cell also maintains a detail Statistical record relating to agency wise, industry wise and cause wise distribution of fatal & non-fatal accident records. For augmenting the activities towards service to the factories and to prepare report in a time bound manner online submission of returns by the factories has been taken up. Moreover, computerization process has also been taken up to enable the officers of this directorate to submit their important reports online. This

157

Fire drill using fire tender at Durgapur Steel Plant, SAIL, Durgapur cell also acts as RTI cell of this directorate. WELFARE

158

For the Welfare of workers employed in factories, Chapter V of the Factories Act, 1948 and the West Bengal Factories Rules, 1958 stipulate the following welfare measures : (i) Washing Facilities; (ii) Facilities for storing and Drying Clothing; (iii) Facilities for sitting; (iv) First Aid Appliances; (v) Shelter, Rest Room & Lunch Room (if more than 150 workers are ordinarily employed); (vi) Canteen (if more than 250 workers are ordinarily employed); (vii) Creche (if more than 30 women workers are ordinarily employed), Ambulance Room (if more than 500 workers are ordinarily employed); (viii) Welfare Officers (if more than 500 workers are ordinarily employed).

The violations of various welfare provisions as observed by officers of the Directorate during the year under review are shown in Table 21 and Table 25 shows the employment position of Welfare Officers in Factories during the last 5 years.

Table 20 Violations of Welfare provision observed by the Inspecting Officers during 2014-15 Washing Facilites (Sec. 42) First Aid (Sec.45/Rule 65) Ambulance Room (Sec. 45/ Rule 66) Canteen (Sec. 46) Shelter/Rest or lunch room (sec.47) Creche (Sec. 48)

6 178 16 33 30 6

Directorate of Factories

Table 21 Employment of Welfare Officers in Factories Year 2012-13 2013-14 2014-15

No. of Welfare Officers required 324 324 272

No. of Welfare officers appointed 201 211 215

Complaints The total number of complaints recorded in the matter relating to the Factories Act and the Rules framed there under during the year 201415 was 21. These complaints were lodged mostly by the workers, Trade Unions and aggrieved

local residents in connection with hazard related to dust and obnoxious fume, high noise level in the workplaces, unsafe working conditions, unhealthy working environment, refusal of leave with wages, poor maintenance of welfare facilities, hazards to public due to storage and use of toxic and flammable materials, etc..

Table 22 Year wise investigations of complaints Year 2012-13 2013-14 2014-15

No. of complaints investigated 76 84 21

Resque operation from toxic gas environment using SCBA Set, at BPCL, LPG Bottling Unit, Durgapur

159

Table 23

50 43 37

(2)

etc.

53 67 48

(3)

No. of No. of Prosecu- Prosecution tion against against violation running of safety of a provi- factory sions without such as a valid safe- license, guarding without of previous machi- approval nery, for the safety site & schedules, building pressure vessels,

2012-13 2013-14 2014-15

(1)

Year

7 6 3

(4) 4 4 4

(5) 3 -

(6) 19 2 1

(7)

2 1 1

(8)

3 2 3

(9)

12 12 4

(10)

149 136 101

(11)

134 118 96

(12)

43 70 68

(13)

12,13,000/21,61,500/15,46,000/-

(14)

No. of No. of No. of No. of No. of No. of No. of Total No. Total Total Total Prosecu- ProsecuProsecu- Prosecu- ProsecuProsecu- Prosecuof No. of No. of amount tion tion for tion tion tion tion tion prosecut- factories convic- of fine against non against against against against against ion cases prosecution imposed violations submiss- contraven- violation contraven-contraven- other instituted ted obtained in Rs. of ion of tion of the of the tion of tion of violations schedules notice of welfare provisions the annual relating accidents provision relating working leave to and such as to health hours with dangerous dangerous first aid such as provisions wages operations occurences shelter, rest latrines, room & drinking canteen water and etc. appointment welfare officers etc.

Details of Prosecution Cases (Instituted under Section 92 of the Factories Act, 1948 for violation of various provisions of the Acts and Rules framed thereunder)

160

Directorate of Factories

Various Seminar/ Workshops/ Awareness Generation & In-plant Safety Appreciation/ Training Programme during 2014-15 This year the officers of this Directorate conducted 142 training programmes. The details list of programmes and participants are given below :

(ii) The Payment of Wages Act, 1936 Number of Factories Involved : Within the administrative jurisdiction of the Directorate, the total number of factories covered by the Act was 17391 at the close of the year 2014-15. Inspection : During the year under review a total number of 2976 visits were paid to factories. Ten visit was made exclusively to deal with the matters arising out of complaints, delayed payment of wages etc. Fines, Deductions and Advances : There was no report of any imposition or realization of fines during the year 2014 as per returns submitted by the factories. There was no any report of deduction or realization of advance payment from the workers. Complaints : During the year under review ten complaints were received from workers and trade unions of the factory. These complaints were relating to payment of wages. These complaints were thoroughly investigated and settled. Violation of Provision under Payment of Wages Act: 1. Display of the abstracts of the Act and Rules 2. Display of notice of dates of payment 3. Non-maintenance of register of wages 4. Improper maintenance of register of wages 5. Irregularities in recording of dates of payment 6. Non-availability of register of wages 7. Delayed wages 8. Others

157 122 50 36 31 37 7 8

Applications filed before the authority under the Payment of Wages Act : During 2014-15, 8 application was filed before the authority under the Payment of Wages Act for realization of unpaid wages.

(iv) Manufacture, Storage And Import of Hazardous Chemicals Rules,1989 The MS&IHC Rules, 1989 was noticed under EP Act, 1986 where ten statutory authorities are entrusted with the responsibility of enforcing various provisions of the rule for prevention, mitigation and control of Major Accidents Hazards in industrial installations (both hazards and major accidents hazards). The occupier of such installation who has control of industrial activities are required to identify the Major Accidents Hazards and take adequate steps to prevent Major Accidents (Fire, Explosion and Toxic Release involving hazardous chemicals) and limit their consequence to person and the environment, provide persons working on the site with necessary information training and equipment to ensure their safety. The concerned occupiers are also required to submit Notification of sites, prepare and keep update onsite emergency plans by conducting mock-drills, develop MSDS, Prepare safety reports and conduct safety audits as specified in the said rule. The officers of this Directorate are continuously visiting the industries for enforcement of various provisions of the rule and others are on process of implementation. The officers of this Directorate are also scrutinizing notification of sites, onsite emergency plans, MSDS, safety Reports and safety Audits time to time and issuing improvements notice for modification and amendment, if required. In addition, necessary information for formulation of Off-Site emergency plan are being provided to the District and Local

161

authorities as when required.

(v) Chemical Accidents (Planning, Preparedness And Response) Rules 1996 This Rules deals with the planing, preparation and mitigation of chemical accidents and participation and functioning of different crisis groups at central, state, district and local levels. The Inspector of Factories are the member secetary of the district and local crisis groups and members of the state crisis groups who assisting the State, District and local administration in fulfilling the objectives of the Chemical Accidents (EPP & R Rules, 1996).

(vi) Rules under Part-III (Safety & Health) of the West Bengal Building & other Construction workers (Regulation of Employment & Conditions of Service) Rules, 2004 During 2014-15, officers of the Directorate inspected 39 construction sites through 46 visits across the state. In such total 252 violations were observed. Inspection reports were issued and action is being taken for compliance. Six (6) fatal accidents were noticed in these sites. Two nos.(2) of prosecution has been initiated during this year for violation of the provisions of Part III of the WBBOCW Rules, 2004.

OFFICES OF FACTORIES DIRECTORATE Head Office

Directorate of Factories (Office of the Chief Inspector of the Factories) New Secretariat Building, 8th Floor 1, K.S.Ray Road Kolkata-1. Tel: 2210 3274 Website: www.wbfactoryonline.in

Extension Office-I

Directorate of Factories (Office of the Chief Inspector of Factories) 146/1 B.B. Ganguly St. Kolkata-12. Tel: 2227 4445/ 46 / 47/ 48

Extension Office-II

Directorate of Factories (Office of the Chief Inspector of Factories) 620, Diamond Harbour Road,Kolkata-34. Tel: 2397 6421

Branch Offices 1.

2.

3.

4.

5.

6.

7.

162

Office of the Dy. Chief Inspector of Factories, Barrackpore Saheed Mongal Panday Sarani, P.O. Barrackpore, Dist. : North 24 Parganas,PIN : 700120. Tel : 033-2592 0727 Office of the Inspector of Factories, Durgapur, Administrative Building, City Centre (3rd Floor), P.O. Durgapur, Dist. : Burdwan, PIN-713216. Tel : 0343-2546010 Office of the Inspector of Factories, Serampore, 57/A/2/1, G.T. Road, P.O. Serampore, Dist. : Hooghly, PIN-712201. Tel: 033-26522262 Office of the Inspector of Factories, Haldia, Administrative Building, P.O Durgachak, Dist. : Purba Medinipur, PIN-721602. Tel: 03224-274105 Office of the Inspector of Factories, Jalpaiguri, ViII & P.O. Jalpaiguri, Dist.: Jalpaiguri,PIN-735101. Tel: 03561-230139 Office of the Dy. Chief Inspector of Factories, Asansol 84, Dr. M.N.Saha Road, Formerly Hutton Road, P.O. Asansol, Dist. : Burdwan, PIN-713301. Tel: 0341-2202644 Office of the Inspector of Factories, Kalyani, D.C. Building Suit No. 10 (2 nd Floor), Kalyani, Dist. : Naida, PIN-741235. Tel: 033-25829415

Directorate of Boilers

4

Directorate of Boilers

D

irectorate of Boilers is a statutory body under labour department acting in accordance with the provisions of the Boilers Act, 1923, Indian Boiler Regulations, 1950 and rules made thereunder. The main role of this Directorate is to ensure safety to human life and property through sound manufacturing, erection and commissioning practice, safe operation and proper maintenance of boilers, economisers, steam and feed water pipelines by applications of the provisions of the relevant Acts and Rules. It is a fully technical Directorate which mainly deals with the design, manufacturing, erection and registration of Boilers under construction and in use. Safety is ensured at the design, manufacturing and erection stages of the boilers, economizers, steam and feed water pipelines by application of the Indian Boiler Regulations,

163

1950 (as amended up to date) and different National and International Codes. For applications of the safe operation and maintenance of the boilers and economizers, the following rules have been framed and ammended by the State and Central Government under the Act : i)

The West Bengal Boiler Rules, 1963

ii) The Boiler Operation Engineers' Rules, 2011 iii) The Boiler Attendants' Rules, 2011 iv) The W.B Economizer Rules, 1958

Main Activities The activities relating to various public services rendered by the Directorate are indicated below : a ) Inspection of boilers, economizers, steam vessels, steam & feed water pipes and other mountings & fittings under manufacture. b ) Inspection of boilers, economizers, steam vessels, steam / feed water lines during erection at site. c ) Registration of boilers / economizers on completion of erection and subsequent tests. d ) Inspection of boilers / economizers during use for issuing fitness certification. e ) Examination and subsequent approval of drawings relating to manufacture and erection of boilers, boiler components, mountings and fittings and the layouts of steam & feed water lines.

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f ) Scrutiny and endorsement of documents pertaining to manufacture of boilers and other related components. g ) Investigation and submission of reports on

accident involving boilers / economizers, associated pipe lines and other vessels coming under the purview of IBR. h ) Prosecution of the owners of boilers for violation of the provisions laid down in the Indian Boilers Act. i ) Updating records maintained by the Directorate when any boiler is either transferred from our state to other state or received by our state. j ) Forwarding views on the proposals received from concerned parties regarding amendment of the Indian Boiler Regulations to the Central Boilers Board for consideration. k ) To conduct examinations for the first class boiler attendants, second class boiler attendants and boiler operation engineers for issuance of certificates of competency to the successful candidates. l ) Carrying out mechanical, chemical nondestructive and metallurgical tests for materials in connection with manufacture, erection and repairing of boilers and associated pipe lines at the Testing Laboratory of this Directorate. m )Failure analysis of pressure parts of the boilers and boiler components. n ) To conduct testing of the high pressure welders and issue certificates for the successful candidates. o ) Imparting training to candidates on modern high pressure welding at the Welders' Training Centre under this Directorate. p ) Carrying out Remnant Life Assessment of old boilers and making recommendation for repairs / replacement of pressure parts as required.

Directorate of Boilers

ACTUAL PERFORMANCE DURING LAST YEAR Actual performance of this directorate during the financial year 2014-2015 are as follows. a) Different Project Jobs Involving Installation of Boilers i)

SL No. 1

2

3 4 5 6

Brief descriptions of the major Power Projects, which have either been completed or are in progress during 2014-2015 under the supervision of the Inspecting Officers of the Directorate are indicated below : Name of the project 2 × 500 MW capacity units at WBPDCL's Sagardighi Thermal Power Project, Murshidabad. 2 × 600 MW capacity units at DVC's Raghunathpur Thermal Power Project. 2 × 300 MW Haldia Energy Limited, Haldia Medinipur (East) 1 × 250 MW capacity new unit at DPL, Durgapur. 3 × 150 MW Indian Power Corporation (Haldia) Ltd, Haldia Modification of 210 MW Boiler No. WBL 10931 at WBPDCL, BTPS, Tribeni

Status Erection of both the Units are in progress. Erection of Unit 1 is completed and unit 2 is in progress. Erection of boilers are completed. Registration due. Erection of boiler is completed. Registration due. Erection of two units under progress. Third one not yet started. Modification work under progress.

Erection of 600 MW Boiler at DVC, RTPS

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(ii) Brief description of some other small projects which have either been completed or are in progress during 2014-2015 under the supervision of the Inspecting Officers of this Directorate are given below : SL. No.

Name of the Project

1

Matix Fertilizer and Chemicals Ltd.

2

Address

Capacity of Boiler

Status

Banskopa, Burdwan

1 × 80TPH 1 × 110 TPH

Erection coppleted Registration due.

Shivam Dhatu

Jamuria, Burdwan

2 × 10 TPH

Erection is in Progress

3

Shyam Sel & Power Ltd.

Jamuria, Burdwan

4 × 9.5 TPH 1 × 54 TPH 1 × 135 TPH 2 × 38 TPH

Completed Completed Erection are in progress

4

Super Smelters Ltd.

Jamuria, Burdwan

1 × 110 TPH 1 × 42 TPH

Completed Erection is in progress

5

ITC Ltd. (PSPD)

Tribeni, Hooghly

1 × 72 TPH

Completed

6

Reshmi Metalics

Kharagpur, Medinipur (East)

4 × 10 TPH 3 × 10 TPH

Completed Erection completed, registration due Erection is in progress

1 × 38 TPH

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7

U.A.L. Concrete

Howrah

2 × 10 TPH

Completed

8

Reshmi Cement Ltd.

Jhargram, Paschim Medinipur

1 × 39 TPH

Erection is in progress

9

Soubhik Export Pvt Ltd.

Basirhat, 24 Pgs North

1 × 12 TPH

Erection completed, Registration due.

10

Jayashree Textiles

Rishra, Hooghly

1 × 16 TPH

Completed

11

Krish Agro Farms Pvt Ltd.

Gurap, Hooghly

1 × 10 TPH

Erection is in progress

12

Baba Malleswar Rice Mill

Galsi, Burdwan

1 × 20 TPH

Erection is in progress

13

Krishna Tissue Pvt Ltd.

Bagnan, Howrah

1 × 15 TPH

Erection is in progress

14

Ennore Cock Ltd.

Haldia

1 × 12 TPH

Erection is in progress

15

New Sunita Rice Mill

Berharampur

1 × 14 TPH

Erection is in progress

Directorate of Boilers

Testing Laboratory The Testing Laboratory, under the Directorate of Boilers, has been set up by the State Government during the Third Five-Year Plan. Since its inception, this laboratory has been conducting different tests as per the requirement of the Indian Boiler Regulation, 1950; for boiler parts and other ancillaries. It also conducts welder’s qualification tests for welders to be engaged in high-pressure boiler welding jobs. Different tests carried out by the laboratory include destructive and non-destructive type in accordance with various national and international codes and standards. The Inspecting officers also witnessed tests at the premises of different manufacturing and erection sites. Testing laboratory renders its service not only to the Inspecting Authority of the State (Director of Boilers, WB) but also to the similar authorities of other states. The laboratory has following technical sections equipped with modern destructive and nondestructive testing facilities as listed below: i) Mechanical Testing ii) Chemical Testing iii) Metallography iv) Radiography (X-ray)

v) Ultrasonic and Magnetic Particle Testing vi) Welder's Certification vii) Workshop Engineering Designs and fabrication procedures are becoming more complex dayto-day and service loads and operating conditions of high-pressure boilers are becoming increasingly severe. This has resulted in development of sophisticated materials, the welding and other metallurgical characteristics of some of which are extremely critical necessitating through testing by destructive and non-destructive methods to assure their qualities. With the availability of above testing machines and equipment at the testing laboratory, it will be possible to ensure adequate reliability of boiler components in accordance with the provisions laid down in the Indian Boiler Regulations, which are being amended time to time to accommodate technological advancements. An amount of Rs. 14,22,555/(out of Rs. 15,000,00/-) has been received for repair, renovation and purchasing of machineries of the Welder’s Training Centre and Testing Laboratory, Taratala and the fund was utilized completely. In this financial year some new machines have been purchased and updated.

Testing of Welders at Site

167

Welder’s Training Centre

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The welder’s training centre which is a part of Testing Laboratory, Taratala, has been imparting training to welders since 1986. Due to some reasons the training programme became irregular. On the inspiration of Hon’ble MIC, Labour Department, two new one-year courses have been started which was inaugurated in presence of Hon'ble MIC, Labour Department and Secretary, Labour Department and other distinguished personalities on 8th February, 2014. The course details are as follows. ( i ) Boiler Quality High Pressure Welder Duration : One year Min. Qualification : Class VIII pass Min. Age : 18 years Course Fees : Rs. 7000/No. of seats : 30 (ii) Advanced Boiler Quality High Pressure Welder Duration : One year Min. Qualification : I.T.I or Class X pass Min. Age : 18 years Course Fees : Rs. 9000/No. of seats : 30 Theoretical and practical training are imparted to the trainees on different aspect of boiler, pipeline and pressure vessel welding for different types of materials. After completion of course the successful candidates with certain practical experience will be eligible to appear examination for high pressure welding certificate as per Indian Boiler Regulation which is mandatory for any welding in boiler and related pipe lines. Raw materials for practical training like pipe, tube, plate etc. are to be arranged by the trainee. Machining of the test pieces are to be arranged by the trainee. Eigible candidates will be admitted on first come first serve basis. On completion of training the successful candidates will get certificate.

There is greater scope of getting jobs for welders in industries and project sites. In the last financial year 33 trainees have successfully completed the training course. Out of them 28 trainees have already got job through campus interview arranged by the Welders Training Centre. 45 no. of new trainees have been admitted to the Training Centre. Sri Amal Roy Chowdhury, Secretary Labour Department, welcomes the new candidates and handed over course materials to the trainees on 12th March 2015.

Examination Conducted by the Directorate of Boilers for The Grant of Certificates of Competency/ Proficiency as Boiler Attendants/Boiler Operation Engineers Candidates working in boiler operation or maintenance, with certain qualification and experience, appear every year for the above examination conducted by Directorate of Boilers, W.B. During the period under review, out of 53 candidates 25 of them passed in the first class Boiler Attendant's Examination, out of 175 candidates 95 of them passed in the second class Boiler Attendant's Examination and out of 29 candidates 8 of them passed in the Boiler Operation Engineer's Examination conducted by this Directorate.

Installation of Computer To keep pace with the development in the field of boiler technology and related matters and also to keep records of huge data involving large number of boilers, which are presently in operation in our state, it has become essential to install a computerised system in the office of Boiler Directorate. It will facilitate the following activities. i ) Analysis and checking of design of modern boilers, critical piping system and other related vessels. ii) To keep records of accounts and prepare bills.

Directorate of Boilers

(iii) Maintenance of records of data of all installed boilers. (iv) Maintenance of all data related to BOE and Boiler Operators examination. Previously some computers were installed in the Head Office, Testing Laboratory and in Branch Offices. Last financial year ten more computers have been installed. To cope up with the increased work load, to provide on facilities some more computers are required to be installed at Head Office and Branch Offices with network commectivity.

Remnant Life Assessment of Boilers at Different Power Generating Stations of the State It has become a global trend that whenever a boiler exceeds it's designed operation life, it is not scrapped forthwith. Instead, a residual life assessment (RLA) study is carried out and based on analysis/observation necessary repairs, modification or replacement of parts are done to give a new lease of life to the boiler. The procedure is much cost effective in comparison to installation of a new one. To keep pace with the global trend, the Indian Boiler Regulations (IBR) has also been amended. The laboratory under the Directorate is already equipped with sophisticated machineries to do this type of work independently. As per requirement of IBR, Remnant Life Assessment of power boilers, which have exceeded 1,00,000 working hours of operation has become mandatory. Intimation to this effect has been forwarded to all the Power Generating Agencies of the state. Some agencies have responded to the intimation and have taken necessary steps for carrying out RLA study. The following power generating stations authorities have either completed or undertaken the RLA studies for their units :

Manufacturing of Super Critical Boiler at Alstom India Ltd., Durgapur Sl. No. 1 2 3 4

Name of Power Station DVC, DTPS, Durgapur SAIL, DSP, Durgapur WBPDCL, KTPS Kolaghat WBPDCL, Bk. TPP, Bakreswar

No. of Boiler

Status

1

Completed

1

Completed

1

Completed

1

Completed

The agencies carrying out RLA study for the plants are to work in close coordination with the visiting officers of the Directorate of Boilers. The visiting officers are to review the agency’s activities to ensure that the tests are being carried out as the requirements of IBR. They are to review the results of the tests or to witness the tests being carried out as and when required.

Super Critical Boilers Power plants operating above critical pressure (221.2 bar) are classified as super critical cycles. As the pressure increases latent heat decreases and boiling period decreases and at a pressure of 221.2 bar the water directly is converted to steam and this particular pressure is called critical pressure. Compare to thermal circulation boilers where drum is

169

installed to separate the steam and water mixture, in a super critical boiler existence of drum is avoided as water is directly converted to steam in the evaporator itself and partially becomes superheated while entering into the superheater zone. Therefore generation of steam in subcritical flow and supercritical flow calls for change of boiler design. At present most of the units of supercritical range are being operated in combined circulation theory. Main advantage is fuel consumption per MW generation is less than other thermal power system. So, emissions are better controlled, fuel efficiency is higher. Manufacturing of such type of boilers are going on in Alstom Indian Ltd., Durgapur, under inspection and certification by Directorate of Boiler, WB. Already manufacturing of pressure parts of five projects are completed. Out of five Barh II in Bihar and APPDCL in AP power projects have supplied power to grid. The status of manufacturing of projects during 2014-15 are as follows : i) Nabinagar, Bihar –1 × 660MW ii) Gadarwara, Chattisgarh –1 × 800MW iii) Suratgarh, Rajasthan –1 × 660MW iv) Banharpali, OPGCL, Odissa –1 × 660MW v) NLC, Tamilnadu –1 × 500MW

Search for unauthorized boilers

Boilers which are not made as per IBR, 1950 are more prone to accident which causes losses to lives and properties. To identify unauthorized and uncertified boilers we are conducting surprise visits on regular basis to different areas of state. In the last financial year seventy five show-cause/notice were served for violation of provisions of Indian Boiler Act, 1923 to the owner of boiler. We are also taking legal steps to the users of unauthorized boilers. Our aim is to stop the use of all unauthorized boilers within a very short time.

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Conducting Seminar

To conduct seminar at regular interval for

awareness on safety to minimize accident related to operation of boiler. Discussion and question answer session are being arranged at different locations of the state in operation and maintenance of boilers. The owners, representative of owners, boiler operators and engineers are requested to participate in the seminar. Last financial year 16 no. of seminars were conducted at different location of the state for awareness to boiler users. One seminar was conducted at Siliguri especially for the boiler owners of tea garden for awareness and to inform about some mandatory aspects of Indian Boiler Act and Regulation.

Participation in Shramik Mela Last financial year we have participated 21 no. of Shramik Mela organized by the Labour Commissionerate in all districts of this state for awareness and provide information about the activities of this Directorate including Welders Training Centre. There were great response from the visitors.

Inspection of Boilers in Use The officers of this Directorate inspect the boilers and economizers in use and those which are found to be in order, are certified for further use. Repairs are recommended for the defective ones and the same are certified only after satisfactory completion of repairs. YEAR No. of Boiler & Economiser inspected No. of Boiler & Economiser certified No. of Boiler & Economiser recommended for repair

2012-13 1855

2013-14 1711

2014-15 2004

1636

1615

1648

105

90

121

Exemption The Boilers and Economisers are normally certified for use for a definite period. Sometimes,

Directorate of Boilers

if required, permission is granted to run beyond the certified period to meet public interest particularly in case of Power Plants. While granting exemption, due consideration is given to safety in respect of age, quality of feed water, different control arrangements and records of past performance. During the period from April, 2012 to March, 2015 no boiler has been exempted from the purview of the Indian Boilers Act, 1923.

Registration of Boilers and Economizers

Transfer of Boilers

Examination Documents

The number of Boilers transferred from the state and received by the state are shown below : YEAR

2012-13

2013-14

2014-15

No. of Boilers & Economisers transferred from the state No. of Boilers & Economisers shifted to this state No. of ownership of boiler transferred within the state.

1

1

1

9

3

3

23

39

The year wise break ups for manufacturing activities regarding boilers, mountings and fittings etc. are shown below : 2012-13 25

2013-14 39

2014-15 29

93046

16603

65008

157

200

144

2012-13 2013-14 2014-15 113 157 111

No. of Boilers and economisers registered

of

Drawings

and

The year wise figure for last three years are shown below : YEAR

Inspection of Boilers, Mountings and Fittings and Pipelines under Manufacture

YEAR No. of Boiler/ Economiser certified on completion of manufacture Mountings and Fittings inspected and certified Steam and feed pipes inspected and certified

The year wise figure for last three years are shown below :

2012-13 2013-14 2014-15

No. of examined Drawings and approved

2381

2418

1907

No. of Documents examined and endorsed

2455

1422

1567

Accident There has been no accident of boiler during this financial year.

Revenue Receipt The year wise figure of the last three years are shown below :

YEAR RECEIPTS (in lakhs of rupees)

2012-13 2013-14 2014-15 218.32 190.00 227.10

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Activities of Testing Laboratory Sl. No. A. 1 2 3 4 5 6 B. C. D. E. 1 2 F. G. H. I. J.

172

Description No. samples for Physical Tests Tensile Bend Impact Flattening Expanding Hardness No. of Chemical (Elements Analysed) No. of Radiographs Evaluated No. of Radiographs Taken & Evaluated No. of Macro & Micro Examination Macro Micro No. of other NDT tests No. of Welders tested for Certification No. of Calibration tests No. of Welders Certificates Issued No. of brands of Welding Electrodes tested and approved

2012-2013

2013-14

2014-15

7196

5504

5305

2113 3341 111 175 337 141 3915

2004 1965 124 1095 371 224 2620

1769 1234 97 1050 308 848 724

15158 596

56236 580

40049 208

1390

684

487

1249 141 – 279

567 117 3459 186

394 93 6304 62

25 283

82 181

31 49

40

58

20

Directorate of Boilers

ACHIEVEMENT a) Workshop on boiler operation engineers' examination and Boiler Attendants' examination It is mandatory to run boilers up to 1000 sq.m. heating surface area with the help of certified Boiler Attendants and above 1000 sq.m. heating surface area with the help of Boiler Operation Engineer. This Directorate conducts those examinations regularly twice in a year. From past experience it is found that some candidates face problem or make mistake during from fill up, submission of experience certificate and other documents. To solve those problems and to educate the candidate, this Directorate first time have arranged two days workshop on the Boiler Operation Engineers and Boiler Attendants Examination on 12th and 13th March 2015. The programme was inaugurated by Sri Amal Roychowdhury, Secretary, Labour Department. About 64 participants attended the workshop. This workshop was very helpful to the candidates. Last financial year 120 no.

of Boiler Attendants and 8 no. of Boiler Engineers passed from this directorate. b) Welders' Training Centre Welders' Training Centre, Taratala, under this Directorate was inaugurated on 8th February, 2014 in a new form with two nos. of new training courses on welding in presence of the Hon'ble MIC and Secretary of Labour Department. 33 nos. of trainees have successfully completed the training course in the session 2014-2015. This Directorate had arranged for campus interview for those trainees for recruitment in different industries. Out of them, 28 nos. of trainees have already got job through campus interview. Sri Molay Ghatak, Hon'ble MIC, Labour Department has distributed the certificates to the successful outgoing trainees on 13th March 2015. c) On line submission of fees for inspection of boilers through GRIPS To keep pace with the modern technology, Directorate of Boilers has introduced the

Distribution of certificates to the successful Trainees of Welders'Training Centre by Sri Molay Ghatak, Hon'ble MIC, Labour Department

173

174

Welcome speech by Sri Amal Roy Chowdhury, Secretary, Labour Dept. during Opening Ceremony of 2 days Workshop system of on-line payment of fees for iii) Time line for service delivery. inspection of boiler and related activities in iv) Different Forms of Boiler Directorate. this financial year in the Government Receipt v) List of approved boiler and boiler Portal System (GRIPS) with the help of Finance component manufacturer. Department, W.B. vi) List of approved repairer/erector of boilers. In this system the owners or users of boiler can submit the fees for inspection and related e) Regular workshop by visiting officers activities by Debit Card or e-transfer or e- Visiting officers of the Directorate of Boilers challan by logging in to the Finance are conducting workshop and seminar in their respective zonal area to discuss the Department's Portal (www.wbfin.nic.in). d) Up loading documents in Website for operation & maintenance of boiler, safety norms, acts & rules, BOE and Boiler "Ease of Doing Business" Attendants examination etc. with the As a part of the mission of "Ease of Doing Owners, Engineers, Operators and persons Business" in West Bengal and in India, we associated with boilers. have uploaded the following documents in We have conducted 16 nos of seminar and the Labour Departments' Portal. workshop during the last financial year in i) Check list of Boiler Directorate. different location of our state and response ii) Standard operation procedure of Boiler was very good. Directorate.

Directorate of Boilers

Workshop for Boiler Operation Engineers f) Awareness programme on the Boiler Act, 1923 in tea garden area of North Bengal We had conducted an awareness programme on Boiler Act, 1923 related to the unauthorized use of unregistered and uncertified boilers in the tea garden area of North Bengal in association with the Labour

Commissionerate. The seminar was held on 19th September, 2014 at Siliguri in presence of officers of this directorate, officers of Labour Commissionarate, representatives of Tea Garden and Tea Planters Association and Rice Mill Association.

Workshop for Boiler Attendants Examination

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FUTURE PLAN

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a) Development and implementation of Web Portal and Web Based application as a part of 'Ease of Doing Business' At present all activities of our Directorate are done manually. We intend to develop and implement an exclusive web portal consisting of all vital information including different forms, acts, rules, fees etc. of Boiler Directorate. Also to develop and implement web based application software for online registration / renewal of certificate of boilers and economisers, different approvals, uploading of all reports, certificates etc. The process of submitting application, fees, documents etc. will be easier. This will help to give faster service to the industries. b) Search for unauthorized boilers Boilers which are not manufactured and erected as per IBR, 1950 are more prone to accident which causes loss to lives and properties. Our aim is to find out those boilers by conducting surprise visit and to minimize the use of uncertified and unauthorized boiler. c) Set up of new Branch Office, Testing Laboratory and Welders Training Centre We are having Head office at Kolkata. Branches offices at Malda, Durgapur, Sitarampur, Welders Training Centre and Testing Laboratory at Taratala, Kolkata. We have planned to set up of new Branch offices at Siliguri and Haldia, Welders Training Centre at Asansol and Siliguri and Testing Laboratory at Siliguri. That will help distant people from industries, welding trainees to access within their locality easily with this Directorate and we can provide efficient service to the industries. d) Conducting Seminar and workshop We have planned to conduct more Seminar and Workshop at regular intervals for awareness on safety on operarion and maintenance of boiler to minimize accident. Discussion and question answer session will be arranged at different owner and makers' premises at various location of the state.

OFFICES OF BOILERS DIRECTORATE Head office Directorate of Boilers, Government of West Bengal, 8th Floor, N. S. Buildings, 1, K. S. Roy Road, Kolkata-700001 Ph. No. (033)22484403/22481541

Branch Offices 1. Office of the Deputy Director of Boilers, Government of West Bengal, P. O.: Sitarampur, Dist : Burdwan. Ph. No.: (0341) 251 0517 2. Office of the Deputy Director of Boilers, Government of West Bengal, 2nd Fl, 1st Administrative Building, City Centre, Durgapur-713216, Ph. No.: (0343) 2545592 3. Office of the Deputy Director of Boilers, Government of West Bengal, Satya Chowdhury Indoor Stadium Dormitory – III,1st Floor Bandh Road, English Bazar, Maldah, Pin- 732101. Phone No.: (03512) 252635 Testing Laboratory: Office of the Superintendent of Testing Laboratory, Government of West Bengal, P-31, Taratala Road, Kolkata- 700088, Ph. No.: (033) 2401 4546

Directorate of Employment

5 Job-Seekers

Directorate of Employment

E

mployment Exchanges in India came into being with the setting up of the Directorate General of Resettlement and Employment (D.G.R & E), Government of India in July 1945 for the rehabilitation of demobilized service personnel and discharged war workers after World War II and later for persons displaced as a result of the Partition of India. By 1948 Employment Exchanges were thrown open to all categories of applicants as a placement organization. This transition called for long term measures. Accordingly, the Training and Employment Services Organization Committee was appointed in 1952 to make recommendations for reorganization of the set up and diversification of the functions of the Employment Service. The report submitted by this committee in 1954 is responsible for the present structure and functions of the Employment Service. Based on the recommendations of the committee day to day administration of the organization was handed over to the State

177

Governments with effect from 1st November, 1956. The responsibilities of the State Government included the following:-

x organizing vacancy and labour clearing in Employment Exchanges at the state level and coordination with the central machinery;

x collection, compilation, analysis and interpretation of unemployment and employment market data and furnishing such

information to the Government of India and agencies in the State interested in such information.

x In 1960 the name of the Directorate General of Resettlement and Employment was changed to Directorate General of Employment and Training (D.G.E. &T). Since then the D.G.E. &T under the Ministry of Labour, Government of India is functioning as the apex body of the Employment Service at the national level.

ORGANIZATIONAL STRUCTURE DIRECTORATE OF EMPLOYMENT

Office of District-incharge (18) Regional Employment Exchange Kolkata

District Employment Exchanges (62)

Sub-Regional Employment Exchanges (6)

Project Employment Exchanges (2)

University Information & Guidance Bureau (4)

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SEEPH (1)

ECCELL (1)

P & E OFFICE (1)

x Total number of Employment Exchanges - 73 (including Professional Executive Section & P.H. Cell). x Total number of University Employment Information & Guidance Bureau - 4. (At Calcutta University, Jadavpur University, RabindraBharati University, Burdwan University) x Total number of Employment Information & Assistance Units -56 x Total number of Offices of Regional Joint/Deputy Directors of Employment at District Head Quarters - 18 (Purba Medinipur district is looked after by the Regional Joint Director, Paschim Medinipur) x Total number of Employment Market Information Units - 32. x Total number of Vocational Guidance Units - 35.

Directorate of Employment

IMPORTANT DEVELOPMENTS

x The above State Act was amended under

x The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 was enacted in 1959 and brought into force with effect from 1st, May 1960. Under the provisions of this Act and rules framed thereunder in 1960, all establishments in the public sector and those in the private sector employing 25 or more workers are required to notify vacancies arising in their establishments and also to render quarterly and biennial returns to local Employment Exchanges as notified by the State Government.

x

x Compulsory

recruitment through Employment Exchanges in non PSC vacancies in the State Government establishments got started on the basis of Chief Secretary’s circular issued in Labour Department no.5120 (60) LW dated 17.10.1977.

x The judgement passed by the Hon’ble

x

Supreme Court of India in the Appeal case Civil Appeal no. 11646-11724 of 1996 (Excise Superintendent, Malakpatnam, Krishna District, Andhra Pradesh vs. K.B.N. Visweshwar Rao & Others) directed appointing authorities for compulsory open advertisement of each and every vacancy along with notification to Employment Exchanges.

x It became mandatory for appointing authorities to fill up all vacancies in non PSC Group B, C, and D posts in the regional and field offices of the State Government through Employment Exchanges under the West Bengal Regulation of Recruitment in State Government Establishments, Establishments of Public Undertakings, Statutory Bodies, Government Companies and Local Authorities Act, 1999 (W.B. Act XIV of 1999).

x

x

notification no.2112-L dated 31.08.2005 with the publication of the West Bengal Regulation of Recruitment in State Government Establishments, Establishments of Public Undertakings, Statutory Bodies, Government Companies and Local Authorities (Amendment) Act, 2005 (W.B. Act XX of 2005). Hon’ble High Court of Kolkata in W.P. 6703 (W) of 2002 (Tariff Hossain vs. State of West Bengal & Others) also passed an order dated October 9, 2002 to the effect that employment opportunities should not be restricted to candidates sponsored by Employment Exchanges only and till the relevant section of the Act was amended recruitment through Employment Exchanges as well by wide publication of notice in newspapers will be followed. The Government of West Bengal issued G.O. No. 101-Emp dated 25.07.2008 whereby all appointing authorities in State Government Establishments, Establishments of Public Undertakings, Statutory Bodies, Government Companies and Local Authorities were required to give wide publicity of the vacancies to ensure reasonable opportunity of response from eligible candidates for due consideration of their candidature in the recruitment process. The Government issued memo no. 7651 (50) F dated 01.10.2008 regarding direct recruitment against all erstwhile non PSC Group B, C, and D posts in State Government Establishments at the regional and field level through the Public Service Commission. The Government of West Bengal launched the Employment Bank portal, an interactive platform between jobseekers, training providers, employers

179

and placement agencies w.e.f. 26.07.12.

database. All appointing authorities were further instructed to enroll themselves as “Employer” in the same portal.

x In Chief Secretary’s circular under Labour Department, Employment Cell memorandum no. 71-Emp dated 25.03.2013 further direction was issued to the effect that all appointing authorities in State Government Establishments shall post their job requirements in the Employment Bank portal for publicity and obtain names from the job-seekers

x The Government of West Bengal also launched the “YUVASREE” scheme in October 2013 with an aim to support the first one lakh job-seekers enrolled in Employment Bank in enhancing their employability by undergoing appropriate skill development training.

HIGHLIGHTS ON ACTIVITIES OF EMPLOYMENT EXCHANGES Table-I District-wise Registration during the Financial Year 2014-15 SI. No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.

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Name of Districts Kolkata 24-Pgs North 24-Pgs South Nadia Murshidabad Howrah Hooghly Burdwan Birbhum Bankura *Medinipur Purulia Darjeeling Jalpaiguri Coochbehar Malda Uttar Dinajpur Dakshin Dinajpur Grand Total

Men 10313 17755 13145 8524 19670 6081 9836 12274 8401 7323 17439 6547 2753 8356 6695 7901 5825 3399 172237

Women 8074 12339 7862 5049 7442 4388 6599 6000 4378 2919 8793 2139 2124 6929 4603 5184 3904 1647 100373

Total 18387 30094 21007 13573 27112 10469 16435 18274 12779 10242 26232 8686 4877 15285 11298 13085 9729 5046 272610

*Both the Purba & Paschim Medinipur Districts are being looked after by the office of the Joint Director of Employment in charge of Medinipur (Purba & Paschim) Districts.

Directorate of Employment

Table - II District-wise Live Register of West Bengal as on 31.03.2015 SI. No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.

Name of Districts Kolkata 24-Pgs North 24-Pgs South Nadia Murshidabad Howrah Hooghly Burdwan Birbhum Bankura Medinipur Purulia Darjeeling Jalpaiguri Coochbehar Malda Uttar Dinajpur Dakshin Dinajpur Grand Total

Men 368844 658304 385374 259512 296457 239906 375045 567910 229806 264161 616614 207565 126770 173449 171029 189430 107532 104778 5342486

Women 182104 312585 188490 126611 145052 125630 185353 212011 87776 84464 269027 49181 68269 110923 90674 95913 61442 50091 2445596

Total 550948 970889 573864 386123 441509 365536 560398 779921 317582 348625 885641 256746 195039 284372 261703 285343 168974 154869 7788082

Table - III Number of Educated Applicants (10th Class & Above) registered during the Financial Year 2014-15 and their break-up on Live Register classified by educational levels as on 31.03.2015 Sl. No 1. 2. 3. 4. 5. 6.

Education Level Illiterate,Literate & below-Matriculate 10th Class passed 10 + 2 Passed Graduates (General Education) Post-graduates (General Education) & Professional (e.g.MBBS, LLB, MBA, BCA etc.) Diploma Holders in Engineering & Technology Total

Live Register 8,05,316 44,88,335 15,29,893 6,94,618 1,04,569 1,65,351 77,88,082

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Officers of the Central Management Cell receiving Awards of Excellence on behalf of the Directorate of Employment from the Hon’ble Minister-in-Charge, Labour Department for ‘Employment Bank’ and ‘Yuvasree’

Employment Bank Inaugurated on 26/07/2012 by the Hon’ble Chief Minister of West Bengal, the Employment Bank is a unique e-governance initiative by the Labour Department, Government of West Bengal. It is a job-portal that created an interactive platform among Jobseekers of the State, Job-Providers throughout the country (Employers / Placement Agencies) and Institutions. This job portal aims

to open new employment avenues to jobseekers in the state and to assist the job providers. Through this portal Employers / Placement Agencies can generate lists of suitable candidates online and Institutions can offer ‘e-campus’ service to students by uploading student data. A basket of about 14 key services are being provided by this portal duly assisted by the Employment Exchanges which facilitate the validation of each job seeker.

Table —IV Performance Report in respect of Employment Bank from 01.04.2014 to 31.03.2015

(a) (b)

182

(c)

Website: www.employmentbankwb.gov.in Jobseekers Job-seekers validated Employers enrolled Employers validated Government Private Job posted Advertisements Published by enrolled Employers

2,22,175 43 13 30 16404 39

Directorate of Employment

Job-seekers receiving validated Employment Bank Enrolment Slips from the Hon’ble Minister-in-Charge, Labour Department at the “Sramik Mela” in Asansol

YUVASREE The Government of West Bengal launched a scheme named the “YUVA UTSAHA PRAKALPA2013” with an aim to support the first one lakh job-seekers enrolled in Employment Bank in enhancing their employability by undergoing some skill development training or acquiring any educational / professional qualification that would make them fit for the requirements of the Employment Market. Under this Scheme, the Government provides an assistance of Rs.1500/- (Rupees one thousand five hundred) per month per beneficiary as a one-time support grant for the jobseeker. The Scheme was renamed “YUVASREE” vide Labour Department Order No. 200-Emp dated 18/09/2013. The Scheme was formally inaugurated by the Hon’ble Chief Minister of West Bengal on 03/10/2013.

Scheme at a glance: I. Implementing Authority The Directorate of Employment, West Bengal is the designated Implementing Authority and the Sub-Divisional Officers are the designated Sanctioning Authority under “YUVASREE”. II. Eligibility Criteria A) In order to be eligible to apply for unemployment assistance under this Scheme a person should conform to the following criteria:1. He/She must be unemployed and a resident of West Bengal 2. He/She must be enrolled with the Employment Bank as ‘jobseeker’ 3. His/Her Educational Qualification should be Class VIII pass and above. 4. He/She must be between 18-45 years of age on the 1st day of April of the year in

183

which he/she is considered under the Scheme 5. He/She must not have availed financial assistance / loan under any State/Central Government sponsored self-employment scheme. B) Only one member of a family is eligible to receive assisatnce under the Scheme. III. Submission of Annexure-III The beneficiaries are required to submit a self declaration in the form of Annexure-III every six months to ascertain whether they are utilizing the financial assistance for training purpose to upgrade skill and whether they still conform to the eligibility criteria to receive unemployment assistance under the scheme. The YUVASREE scheme has so far been quite successful and the implementation procedure is carried out online by means of specially devised modules. All financial transactions in the scheme are made through the National Electronic Funds Transfer system.

184

UDIYAMAN SWANIRBHAR KARMASANSTHAN PRAKALPA (USKP) 2008 This scheme was introduced by the Labour Department to assist the registered unempolyed youth with Employment Exchanges to take up economically viable entrepreneurship & self-emloyment venture. An unemployed youth is required to get a loan from banks or other financial institutions for his venture and a support under this scheme as subsidy would be provided to the bank to ease the loan burden on the unemployed youth. Under this scheme the maximum project cost is Rs.50,000/- for an individual beneficiary and 25% of the loan amount (subject to a maximum of Rs. 12,500/-) is provided as the subsidy. However, a number of unemployed youth can combine to form a co-operative society or any other recognized body corporate and make higher investment in a single project.

Self-Employment Awareness-cum-Motivation Camp organised by the District Employment Exchange, Balurghat

Directorate of Employment

Eligibility Criteria for Applicants: I.

The applicant must have completed his 18th year but not 45th year of age (with usual relaxation for special categories) as on the 1st day of April of the year in which he applies for loan under the scheme. II. He must be registered with any Employment Exchange in West Bengal for more than a year (women, special categories, exservicemen and minority categories exempted). III. He must have “fully paid” any loan or advance take previously from any bank/ financial institution.

Special Initiative Entrepreneurship Motivation Training Programme for the prospective entrepreneurs under SESRU started in 2007 vide Labour Department No 8P12(Govt)91/2469A dated 16.05.2007. SelfEmployment Awareness-cum-Motivation camps of three days duration are held at different districts for imparting guidance and orientation for Self Employment initiatives.

GATIDHARA This scheme was introduced vide Labour Department G.O No 364-Emp/Emp./lM-9/2014 dated 18th August 2014 to enable the youth of West Bengal to explore potentialities in the transport sector by owning and operating small /medium vehicles. The objective of the scheme is to generate self-employment in urban as well as rural areas by providing financial assistance to the job-seekers enrolled in Employment Bank. The project cost should not exceed Rs.10 lakh and the Government subsidy will be not more than Rs.l lakh. Eligibility criteria for applicants: • An applicant must have completed 20th year but not 45th year of age as on the 1st day of April of the year in which he has applied for loan under the scheme (relaxable in case of candidates belonging to special categories). • The family income of the applicant must not exceed Rs.25,000/- per month.

District Employment Exchange Asansol, Ranigunj and Sitarampur publicising various schemes of the Directorate of Employment at the Hon’ble Chief Minister’s public meeting at Asansol

185

• The applicant himself/ the person engaged by him to drive the vehicle must possess a valid commercial driving license. Special Initiative 1) Car Melas were organized in different districts during 2014-15. 2) Road Shows on GATIDHARA were also organized in some districts of West Bengal. 3) The scheme was extensively publicized through leaflets, banners, hoardings etc. 4) Regular meetings were held with bankers and car dealers.

SKILL DEVELOPMENT SCHEME FOR THE REGISTERED JOB-SEEKERS This scheme has the following facets: Providing Training for the Registered Jobseekers The “Skill Development Scheme for the Registered Job-Seekers” was introduced under Government Notification No. 1502-GE dated 01/ 08/2007 to enhance the employability of jobseekers aged 18 years and above and registered with Employment Exchanges through skill up-

186

gradation. In order to compete with similar schemes being run by other Departments revision of the scheme incorporating areas such as pretraining counseling, compulsory soft skill training, placement guarantee, post placement tracking & support has become imminent. Accordingly a proposal has been initiated for revision of the existing Skill Development Scheme. In 2014-15, the physical target for admission for skill development training was 10000, while the achievement was 16075. Mock Test for the Registered Job-seekers Mock-Tests are conducted for registered jobseekers to impart practice for various job-oriented Competitive Examinations. About 21,108 candidates had taken Mock Tests in 2014-15 on TET (Primary & Secondary) and SSC Clerkship (Matric level) examinations. Vocational Guidance/Counselling for the registered Job-Seekers VG programmes are organised for offering assistance and Counselling to individuals on their choice of vocational training and career

Career Talk Programme organised by the Joint Director of Employment, Purulia District

Directorate of Employment

planning in view of their strengths and weaknesses and the realities of the Employment market. Activities within the premises: i. Registration Guidance; ii. Individual Information and Group Guidance; iii. Career corners (with Reading room facility). Activities Outside the premises: 1 ) Career Talks in schools & colleges aimed at reaching out to the students who are at the threshold of entering the job market; 2 ) Career Corners within Employment Exchanges equipped with books, journals,

magazines etc; 3 ) Publication of Career Literature in electronic format covering vocational courses, competitive examinations, entrance tests for professional/technical courses etc. are available in the official website of the Government of West Bengal www.banglarmukh.gov.in Special Coaching Special Coaching for job aspirants preparing for competitive examinations are arranged within the premises of Employment Exchanges by inviting Resource Persons from reputed institutes as faculty. This is provided free of cost and is for five days duration. About

Special Coaching Programme for Primary TET organised by the District Employment Exchange, Barasat

187

Proshikshan Shibir for Domestic workers organised by the District Employment Exchange, Chanchal

188

7608 youth have benefitted from this part of the scheme. Guidance was provided on TET (Secondary), IBPS (Clerical), PSC (Clerical) and SSC (Matric & Combined Graduate Level) Exams. Domestic Workers’ Training Proshikshan Shibir of three days’ duration are organized by Employment Exchanges for upgrading the skill of domestic workers in handling domestic appliances, arranging first aid in case of illness/injury, understanding safety measures etc. A stipend of Rs.100/- is provided per trainee per day. About 309 such camps have been held in 2014-15

wherein 7722 people had been benefitted. COMPUTERIZATION OF EMPLOYMENT EXCHANGES The Directorate of Employment, West Bengal had completed computerization of Employment Exchanges as a part of the National e-Governance Project (NeGP) with the help of the Directorate General of Employment and Training (DGE&T), Department of Labour, Government of India and the National Informatics Centre (NIC). A web based software had been developed by DGE&T with the help of NIC for computerizing Employment Exchange

Directorate of Employment

procedure. All Employment Exchanges in the state have internet access at the moment. Backlog data pertaining to the time prior to online registration, has been uploaded in the NIC based system for starting online service in Employment Exchanges. Current Status & Future Plans x A website for the Directorate of Employment, West Bengal has been developed and launched June 2015 on on 22 nd www.employmentdirectoratewb.gov.in. This website is being developed into an interactive portal that would enable most of the services to be delivered from the portal. x All offices and exchanges are being given latest systems for ensuring faster delivery of citizen centric services to the people. x Stress is being laid on extensive use of Information and Communications Technology in all citizen-centric ventures of the Directorate of Employment. The YUVASREE and GATIDHARA schemes under this Directorate are being monitored using online information systems. Filling of the Annexure -III under Yuvasree would now be made more convenient for the common man as he could now avail of the facilities of the nearest Common Service Center (Tathya Mitra Kendra) for filing his Annexure -III.

NATIONAL CAREER SERVICE PROJECT (NCS) AND MODEL CAREER CENTRES (MCC) SCHEME

Background A gap between demand and supply in terms of skill acquired by the job-seeker and skill required by the job-provider exists in the

employment market in India. It has been observed that job-seekers with some basic skills need finishing skills in Information Technology, English language etc. that are essential for getting employed. They are also found to be lacking accessibility to information on skills and jobs. Job-providers, however, are looking for a rich inventory of skilled personnel to satisfy their manpower requirements at a minimum cost and without cumbersome procedure. The Directorate of Employment strives to tackle the existing skill gap by organizing demand-driven skill training programmes for the registered jobseekers. In this backdrop, the D.G.E. & T., Ministry of Labour, Government of India has also initiated a project of setting up 50 Model Career Centres (MCC) equipped with information and communication technology enabled infrastructure within the premises of existing Employment Exchanges under the aegis of the National Career Service (NCS). The Directorate of Employment is responsible for the roll-out of NCS project & MCC Scheme in the State. Functions The Model Career Centres (MCC) will have the following functions:I. Assessment of skill and aptitude with the help of standard psychological/aptitude tests; II. Counselling with the help of standardized tools and techniques available in the NCS portal; III. Providing soft and finishing skills in the IT Lab and Group Guidance Room of the centre; IV. Job matching done electronically as in the Employment Bank; V. E-Inventory for all stakeholders - an integrated database of the Employment Bank and the NCS inter linking the stale system with the national portal; VI. Job Fairs organized by the MCCs for face

189

Job-seekers registered with the Regional Employment Exchange, Kolkata addressing their queries to the Director of Employment, West Bengal

to face interaction between job-seekers and job-providers. Present Status I. In September 2014 the D.G.E. & T had sought proposals from the State Governments on setting up MCCs. Accordingly, proposal had been sent with the approval of the Labour Department for two MCCs in West Bengal

190

- one at the Regional Employment Exchange, Kolkata and the other at the Sub- Regional Employment Exchange, Asansol. II. The proposal for the MCC at the Regional Employment Exchange, Kolkata has been approved by D.G.E. & T on 21.02.2015 and the site has been visited by the Director of Employment for survey of the existing infrastructure.

The Director of Employment at the Regional Employment Exchange, Kolkata for survey of the proposed and approved site for a Model Career Centre

E.S.I. (MB) Scheme

6

Employees’ State Insurance (MB) Scheme

T

o provide for certain benefits to Employees in case of sickness, maternity and employment injury and to make provisions for related matter the Employees State Insurance Scheme was introduced as a comprehensive social security measure under the Employees’ State Insurance Act,1948. At present it is the largest Social Security Scheme in the country. The whole Scheme is administered by the Employees’ State Insurance Directorate, Government of W.B. and ESI Corporation. Medical Benefits and various other benefits including cash benefits are provided under the Scheme. In terms of an agreement with the E.S.I. Corporation the Government of West Bengal is entrusted for administering the E.S.I. Medical Benefit Scheme for the Insured Persons

191

and their families with family size 3.8 (three point eight) in the State of West Bengal. The ESI contribution of 6.5% of the annual salary is shared by the Employer (4.75%) and the Employee (1.75%). As per agreement between the E.S.I. Corporation and the State Government the expenditure for running the E.S.I. (M.B) Scheme is to be shared between the E.S.I. Corporation and the State Government in the ratio of 7:1 subject to overall ceiling of the expenditure per I.P./per annum as may be fixed by the E.S.I. Corporation from time to time. The present ceiling of expenditure of Rs.2000/- per I.P./per annum was fixed by the E.S.I. Corporation w.e.f. 1.4.2014. At present there are 11,60,684 number of IPs (as on 01-04-2014 ).Total number of beneficiaries is approximately 44 lakhs. Any establishments employing 10 or more persons have been brought under the purview of the Scheme. The present upper ceiling of wages for coverage of any employee under the Scheme is Rs.15,000/per month. Private Educational Institutions & Private Health Care Institutions are also brought under the purview of the Scheme. Benefits provided to the I.Ps under the E.S.I. (Medical Benefit) Scheme. Under the E.S.I. Scheme, IPs and their family members are entitled Full medical care facility with hospitalization, if necessary. In-patient treatment is provided in the ESI hospitals owned by the State Government or in Private Hospitals [through Tie-ups].

192

Cash Benefits are disbursed by the Corporation through its Local Offices LOs/ Mini Local Offices (MLOs)/Sub Local Offices (SLOs)/pay offices, subject to certain contributory conditions.

FOLLOWING MEDICAL CARE FACILITIES ARE AVAILABLE IN WEST BENGAL UNDER THE ESI (MB) SCHEME: x Indoor treatment for IP & Family in the hospitals including all specialities. x 6 bedded ICCU Unit with facilities for implantation of Permanent Pacemaker. x Super-speciality treatment including facilities of Cardiology, Neurology, Oncology, Hand Surgery and Haemodialysis in the ESI setup and other super speciality facilities from private institutions through tie-up arrangements. x Collection and supply of Blood through ESI Blood Bank at Maniktala. x Ante-natal and post-natal care to women beneficiaries. x Family planning and immunisation services. x Outpatient treatment at Service Dispensaries (SD) / Insurance Medical Practitioner’s (IMP) clinics. x Specialists’ services at the OPD in all ESI Hospitals. x Diagnostic facilities like all pathological/ radiological investigations including ultrasonography, echo-cardiography, CT scan, MRI, CT / MR Angio, endoscopies etc. at ESI hospitals and through Tie-up arrangements. x Free supply of drugs and dressings through SDs, RBOs and from Specialist OPDs at each hospital. x Ambulance facilities at all ESI Hospitals. x AIDS prevention, awareness & control through 2 VCCTCs. x Tuberculosis control through DOTS by participating in RNTCP.

E.S.I. (MB) Scheme

Hon’ble Union Labour Minister Sri Bandaru Dattatreya and Hon’ble Minister-in-Charge, Labour Department Sri Moloy Ghatak being greeted by Director ESI(MB) Scheme, Govt. W.B.

x Free supply of Spectacles and Hearing Aids for both IP & Family. x Issue of Certificates in Statutory forms in respect of sickness, maternity etc. to I.Ps only. x Pain Management Treatment at ESI Pain Management institute. Out Patient treatment facilities Out patient treatment facilities are rendered to the Insured Persons through Insurance Medical Practitioners, Service Dispensaries, Diagnostic Centres (now working with OPD of the respective hospitals) and Out Patients Departments in ESI Hospitals.

Implemented Area ESI has extended its service facilities to many districts over the state including kolkata, the District of South 24-Parganas, North 24-Parganas, Howrah, Hooghly, certain areas of Nadia District (Kalyani, Haringhata, Fulia, Saguna, Chakdaha and Ranaghat), Burdwan District (Asansol, Raniganj, Durgapur, Burnpur, Hirapur P.S.) and some parts of Midnapore. Haldia and Kharagapur are now covered under full medical care benefits. The Sheme has been extended to Siliguri of North Bengal. Tie up Dispensaries were started at Rampurhat of Birbhum and Burdwan town of Burdwan, Malda town of Malda and Berhampur of Murshidabad.

193

by the State Government are providing 3142 beds facilities including some T.B. Beds. Medicine, Surgery, Orthopaedics, Eye, E.N.T. Gynaecology and Obstetrics, Anaesthesiology, Dermatology, Dental, Psychiatry, Radiology, Pathology etc. are some areas having Indoor treatment facilities. Additionally, there is one Intensive Coronary Care Unit at ESI Hospital, Manicktala. We have also one Diabetic Clinic, one Hand Surgery Unit and one Psychiatry Unit at ESI Hospital, Manicktala and Kamarhati respectively to enhance the board spectrum or healthcare delivery. Hon’ble Union Labour Minister Sri Bandaru Dattatreya on his visit to the ‘Dialysis Unit’ of ESI Hospital, Maniktala

E. S. I. Hospitals : (a)ESI Hospitals run by the State Government : There are 13 E.S.I. Hospitals which are run

ESI Hospital at Belur functions as a TB Hospital and Manicktala as a referral Hospital. Special mention is made for the Pathology Department at ESIH, Kamarhati and the Oncology Department & the Pain Management Clinic of Sealdah ESI Hospital for providing specialized treatment to the IPs.

Names of the E.S.I. Hospitals with Date of opening, Sanctioned and Commissioned beds are as follows : Srl No

194

1 2 3 4 5 6 7 8 9 10 11 12 13

Name of Hospital Kamarhati Sealdah Serampore Belur Balitikuri Uluberia Kalyani Gourhati Budge Budge Manicktala Asansol Bandel Durgapur Total

Date of commencement

Sanctioned Beds

Commssioned Beds

26.03.1964 17.12.1964 01.10.1965 15.04.1965 01.02.1967 16.02.1967 20.12.1968 19.11.1972 01.08.1973 01.03.1979 01.02.1981 08.02.1982 21.02.2000

350 250 216 200 416 216 250 216 300 500 100 250 150 3414

348 254 216 200 230 216 250 216 300 412 100 250 150 3142

E.S.I. (MB) Scheme

Report of Indoor admissions and Outdoor attendance in the 13 ESI Hospitals Srl No 1 2 3 4 5 6 7 8 9 10 11 12 13

Name of Hospital Asansol Baltikuri Bandel Belur BudgeBudge Durgapur Gaurhati Kalyani Kamarhati Manicktala Sealdah Serampore Uluberia Total

OPD attendance 2012-13 2013-14 2014-15 30600 31940 35278 39096 41897 41673 40215 42607 43836 11943 13437 15916 59561 73159 85171 55826 56429 56454 76157 85552 96362 94071 109704 122811 134788 144098 140088 133048 145189 167025 54579 88513 92129 42204 38076 44736 64761 78968 81803 836849 949569 1023282

2012-13 4047 5841 7045 613 7792 9608 11924 9618 8621 10257 5145 11956 7965 100432

IPD attendance 2013-14 2014-15 3989 3864 4849 4357 6752 7257 673 743 7614 7081 9581 9381 11244 10258 9035 9374 9002 10817 10937 11729 4918 5709 12132 12852 7548 7163 98274 100585

It may be noted that though overall OPD attendance has increased by more than 22% over the 2-year period but the indoor attendance (hospital asmission) has remained more or less stable.

Report of ESI Blood Bank, ESI Hospital, Maniktala : 2014-2015 Year

Month

No of Camp

2014

April May June July August September October November December January February March

7 4 5 6 9 5 2 5 4 8 7 4 66

2015

Total

Re-imbursement of expenditure for Medical Treatment : Expenditure incurred by the I.Ps for treatment outside the ESI Hospitals is re-imbursed by the Directorate of ESI (MB) Scheme. Two systems of re-imbursement now exists : ( a ) Re-imbursement of expenditure relating to general treatment, and

Total Collection 392 314 274 330 474 203 83 273 196 410 401 197 3547

Component Collection 28 131 41 58 00 00 37 48 24 24 00 36 427

( b ) Re-imbursement of expenditure relating to Speciality/Super specialty treatment. Re-imbursement of expenditure relating to general treatment has been arranged through selected Services Dispensaries, Superintendents, of E.S.I. Hospitals and the Office of the Administrative Medical Officer located at P-233, C.I.T. Scheme No.VII-M,

195

Bagmari Road, Kol-54. All the superintendents have been empowered to pass R.I. claims up to the Rs. 5000/-for both outdoor & Inpatient cases. The service dispensaries have been tagged with the Hospitals for easy access— (Memo No.-1479-SS/2H-J/ dt.30.9.2004). 12 Servivce Dispensaries, situated at the premises of ESI Hospitals, have been brought under the direct administrative control of Medical Superintendent of respective ESI Hospital. Administrative Medical Officer has been empowered to pass RI claim up to Rs. 10,000/- & The Director has been empowered to pass RI claim up to Rs. 1,00,000/- Which includes treatment cost of Speciality treatment.

196

z Arrangement

of Super Speciality Treatment for ESI beneficiaries: Since last few years ESI has taken up the effort to arrange all possible treatment for its beneficiaries in this state by Tie-Up agreement with reputed private medical institutions, whereever such facilities are not available in house. Entire cost on such treatment is normally borne by ESIC from this current year subject to a ceiling limit of Rs. 10 Lakhs. This arrangement has been made totally ‘CASH LESS’. The beneficiary is provided the treatment through Tie-up agency, arranged by respective Medical Superintendent of ESI/ ESIC hospital.

Sri Bandaru Dattatreya - Hon’ble Union Labour Minister: Sri Moloy Ghatak - Hon’ble Minister In-Charge, Labour Department,Govt. of WB, Sri M S Kar - Director ESI(MB) Scheme, Dr Mayukh RoySuperintendent ESI Hospital Manicktala Dr S K Chowdhury - Senior State Medical Commissioner (EZ), Sri Dilip Bhattacharya - Member ESIC, Sri Anil Kumar - Regional Director (EZ), Sri Prasanta Nandi Chaudhury - Member ESIC, Sri Sadanandan IAS. - Jt. Secretary, Ministry of Labour, Gol on stage at Press Conference at ESI Hospital, Manicktala

E.S.I. (MB) Scheme

17 Primary tie-up Service Dispensaries under ESI (MB) Scheme, Govt. of WB Sl No.

Name of SD

Code No.

Name & Adress

1

Kharagpur

9021

M/s Sanjeevani Hill Nursing Home, Jhaptalapur, Kharagpur, Paschim Medinipur, PIN-721303

2

Dharmatala

0012

M/s Kalidas Mullik Sebaytan (Subarna Banik Samaj) 47, GC Ave, Kolkata-700013

3

Berhampur

8911

M/s Lila Sebayan Nursing Home 13/9, AC Rd(South), Indraprastha Khagra, Berhampur, Mursidabad, PIN-742103

4

Kulti

8515

M/s Hindusthan Diagnostic G.T. Road, Barakar, Burdwan, PIN-713324 (Oppo-BSNL Office)

5

Mejia

8711

M/s Durga Clinic Mejia Bagangora, Bankura, PIN-722143

6

Central Kolkata

0061

M/s SVS Marwari Hospital 118, Raja Ram Mohan Roy Saranee, Kol-700009

7

Malda

9711

“M/s Sri Sri Thakur Sitaramdas Omkarnath Charitable Trust S.M. Pally, 94/A, B.G. Road, Malda,PIN-732101

8

Rampurhat

8811

M/s Niramoy Nursing Home, Rampurhat, Bharsalapur, Birbhum, PIN-731224

9

Jamuria

8516

M/s Swastha Sewa Kendra, 20 Nandi Road, Jamuriahat, Burdwan, PIN-713336

10

Burdwan Town

8531

M/s Jeevandeep Nursing Home 16, DN Mitra Lane, Khoshbag, Burdwan, PIN-713101

11

Barjora

8721

M/s Sanjeebani Diagnostic Centre College Road, Barjora, Bankura, PIN-722202

12

Salanpur

8514

M/s Dr Das’s Clinic, Samdi Road Salanpur, Rupnarayanpur, Burdwan

13

Halisahar

5073

Halisahar Municipality Halisahar, North 24 parganas

14

Bauria

2071

M/s Matri Sebasadan, Bauria Basudevpur, Howrah, PIN-711322

15

Medinipur Town

9022

St Joseph’s Hospital, Medinipur Town PO-Vidyasagar University, Paschim Medinipur

16

Farakka

8921

“M/s NIRAMAY” C/o-Sanjay Saha, Chowkigram, PO-Beniagram, Farakka, Dist-Murshidabad, West Bengal PIN-742212

17

Fuleswar

2082

“M/s Fuleswar Seva Sadan”, Fuleswar, Khushberia Uluberia, Howrah, West Bengal PIN-711315

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Secondary Tie-up Centres under ESI (MB) Scheme, WB [2014-2015] : i. M/s KPC Medical College & Hospital, Kolkata ii. M/s Susrut Eye Foundation & Research Centre, Kolkata iii. M/s Dr Nihar Munshi Eye Foundation, Kolkata iv. M/s Gouri Devi Hospital & Research Institute, Durgapur v. M/S HLG Hopital, Asasnol vi. M/s Diamond Hospital, Andal, Durgapore vii. Dr B.C. Roy Hospital, Haldia viii. Lila Sebayan Nursing Home, Murshidabad ix. Ms/ C C Saha, Kolkata [for supplying hearing aids]

x. M/s Hearing Clinic, Kolkata [for supplying hearing aids] xi. Mahavir International, Kolkata [for supplying spectacles] xii. Niramoy Nursing Home, Birbhum xiii. Sanjeevani Diagnostic Centre, Bankura xiv. Sanjeevani Hill Nursing Home, Kharagpur, Paschim Medinipur xv. Square Nursing Home, Maldah xvi. Sri thakur Sitaram Seva Kendra, Maldah xvii. St Joseph Hospital, Medinipur Town, Paschim Medinipur xviii. Super-D-Optics xix. CAMRI, Burdwan xx. Roy’s Clinic, Siliguri xxi. Shanti Swasthalya & Anusandhan Kendra, Siliguri

List of some important Medicare Institutions under Tertiary Care Tie-up in West Bengal for Superspeciality Treatment :

198

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Rabindranath Tagore International Institute of Cardiac Science Apollo Glenegles Hospital A.M.R.I. Hospital, Saltlake Calcutta Heart Research Centre Cancer Centre Welfare Home & Research Institute Park Medical Society Medicare Superspeciality Hospital, Mukundapur, EM Bypass Kothari Medical Centre Charnock Hospital and Research Centre Woodlands Multispeciality Hospital Fortis Hospital Divine Nursing Home Peerless Hospital and BK Roy Research Centre HLG Memorial Hospital Vivekananda Hospital The Mission Hospital Sanjeevani Hospital JMD Diagonstic Pvt Ltd. Desun Hospital & Heart Institute Narcissus Medical Centre Pvt Ltd ICare Institute of Medical Sciences & Research RSV Hospital Pvt Ltd North Bengal Eye Centre BMRCLtd Shree Jain Research Centre

Kolkata Kolkata Kolkata Kolkata Kolkata Kolkata Kolkata Kolkata Kolkata Kolkata Kolkata Kolkata Kolkata Asansol Durgapur Durgapur Howrah Kolkata Kolkata Serampore East Medinipur Kolkata Siliguri Kolkata Howrah

E.S.I. (MB) Scheme

Up-gradation/Improvements of the ESI Hospitals: It has become a continuous practice to enhance and promote new service facilities under ESI healthcare plans and for last few years ESI Corporation tooks various Schemes which has been already taken up for up-gradations and improvement of ESI Hospitals. Hospital Statistics: Sl. No. 1 2 3 4 5 6 7 8 9 10 11 12 13

Hospital

Asansol Durgapur Bandel Gourhati Serampore Belur Baltikuri Uluberia BudgeBudge Kalyani Kamarhati Manicktala Sealdah Total

Present Bed Strength (running) 100 150 250 216 216 200 230 216 300 250 348 412 254 3142

Bed Occupancy Rate % 76 91 77 102 77 89 76 87 77 76 81 91 75 82.69

Hon’ble Labour Minister, W.B., Shri Moloy Ghatak being demonstrated the ‘Gait Analysis Machine’ at the ESI Institute of Pain Management of ESI Hospital Sealdah

199

Director ESI(MB) Scheme delivering his inaugural speech of ‘Gait Analysis Lab’ at the ESI Institute of Pain Management of ESI Hospital Sealdah

Achievements during the year of 2014-15

200

1.

Rs. 23.30 Crores of Incentive Fund has been recived from ESI Corporation for 70% or mor bed-occupancy rate.

2.

“Gait Analysis Lab” has been started in ESI Institute of Pain Management, Sealdah.

3.

139 GDMO and 22 Specialist Doctors have been recruited through PSC.

4.

146 Non-Medical Technical Person have been recruited through PSC. [ECG-12; Phar50; LT-28; XRay-22; Physio-8; WM-9; SWO-17]

5.

‘Blood Storage Unit’ has been set up at ESI Hospital, Durgapur.

6.

A new and updated “Physiotherapy Gym” is now functioning at ESI Hospital, Gaurhati.

7.

One ‘Chemotherapy Unit’ has been started in Bandel and Baltikuri ESI Hospitals for the benefit of IPs of Howrah and Hooghly.

8.

Paramedical courses like DMLT & DRD have been started at ESI Hospital, Asansol.

9.

One new 500 mA X Ray machine with ‘Digital Processor’ have been suplied to each of seven ESI Hospitals viz., BudgeBudge, Durgapur, Kalyani, Kamarhati, Sealdah, Serampore, Uluberia ESI Hospital.

10. USG Machine with Doppler setup have been suplied to four ESI Hospitals viz., Durgapur, Gaurhati, Asansol & Uluberia ESI Hospital.

E.S.I. (MB) Scheme

ESI ManPower Development Society (ESI MPDS) : The following courses are being run under the Man Power Development Society : 1. GNM Course under ‘Nurses Training Centre’, Manicktala and ‘Nursing Training School’ Sealdah : Nurses Training Centre, E.S.I Hospital, Maniktala and Nursing Training School, E.S.I Hospital Sealdah are two important Training Institutes for the Nurses being run by the ESI Directorate. These Nursing training Institutions conduct 3½ years general nursing

and midwifery (GNM) courses with total intake of 60 trainee nurses (40 intake for NTC at Manicktala and 20 intake for NTS at Sealdah). As per New syllabus of Indian Nursing Council student nurses have to undergo 6 months internship after completion of 3rd year Examination and are paid internship stipend of Rs. 4000/-per months. All facilities including Hostel, study materials, books and models, charts, instruments, sound system, computers and different types of furniture are provided.

Lamp Lighting Ceremony of Nurses Training School, Sealdah

201

2. Diploma in Dialysis Technology DIPLOMA IN DIALYSIS TECHNOLOGY course is an important paramedical course run by Nephrology Department, ESI Hospital, Manicktala. The aim to run this course is to produce properly and adequately trained dialysis technicians who basically play an important role to run a dialysis unit. This course is approved by West Bengal State Medical Faculty, Govt of West Bengal. This is a two year diploma course and after passing the final examination students have to do 6 months of internship in our unit. There is a huge demand for trained technicians both in corporate and government institutions. 3. Optometry Course: Kamarhati ESI Hospital has started two years integrated Optometry training course and has been successfully running the training programme for last two years. Students are trained to handle modern ophthalmic gadgets and a fair idea of opthalmic surgical procedures along with the surgical instruments are also imparted. With this training they are expected to make excellent qualified professionals competent to pursue a career of independent practice or work in any eye hospital. 4. Institute of Pain Management, Sealdah : The ESI Institute of Pain Management, since its inception has been functioning at a make shift arrangement at the top of 3rd floor of the ESI Hospital building, Sealdah.

202

A basic gait analysis lab has been also inaugurated on 05.09.2014 by the Hon’ble MIC, Labour Department, for its research works and also evaluation of chronic low back pain of the insured patients in near future after this is fully established.

Presently the Institute is running with its objectives as follows : Treatment : This is the only centre of excellence in Pain Medicine not only in the whole ESI Scheme, but also unique of its kind in India, and presently it is running with a.

OPD services : every tuesday, approx. 200 patients attend each day.

b.

Inpatient Service : patients suffering with chronic cancer and non-cancer pain are treated accordingly with 20 beds alloted to this unit at the ESI Hospital, Sealdah.

c.

OT : Every wednesday and friday fluoroscopy guided interventional pain procedures are done with an approximate number of 80 procedures every month.

Training : This institute is running one year residential post graduate course “Fellowship in Pain Management” affiliated and recognized by the “West Bengal University of Health Sciences” as the only training centre in this State. The West Bengal Medical Council, as the first state in India, has also recognized this course adding legality in practicing in the pain medicine. Already second year of the course is running where both full time in-house and guest lecturers from reputed institutions are training the students. Research : Apart from regular research dissertation works by the fellows and faculties of this Institute, the Institute is conducting a research

E.S.I. (MB) Scheme

project sponsored by the National Jute Board on Chronic low back pain among jute mill workers. IT Enablement: a) ESI Directorate web site As part of on going exercise of inducting IT in day to day management of the scheme, Hospitals, Dispensaries have been provided with computers. Hospitals have been provided with Broad Band Internet in the pervious year. Now to improve two ways sharing of data, Web site for Directorate of ESI (MB) Scheme has been developed and the web site went live on the 2nd of January’09. The address being: www.esiwb.gov.in. This web site is equipped with complete data base of all IP (Insured Persons) on ‘Live List’, List of IMPs, Dispensaries along with dynamic pages for searching the required data. The site also has the detailed information of all hospitals and the Cash Less Tie-Up arrangements with Rates for each treatment / procedure for viewing by all the stake holders. b) Project Panchdeep At present project Panchdeep- the largest IT enablement project in public sector all over India is being implemented in this state along with all other ESI implemented states of India to make the entire system and functioning of all ESI hospitals, dispensaries ‘Paperless’. Recently officers of this directorate, Superintendents of all ESI hospitals and IMO in Charges of different SDs actively participated in the interaction of plan and calendar of this project.

Introduction of Ambulance on hire basis: All the ESI Hospitals have been instructed to deploy Ambulances on hire basis as per rate fixed by the Transport Department of Govt. of W.B. Out of thirteen, 9 ESI Hospitals have already deployed two (2 nos) Ambulance each on hire basis. The rest four ESI Hospitals have three (3 nos) of Ambulances on hire basis. At present, all the ESI Hospitals are having Ambulance facility for the benefit of the I.Ps. Revolving Fund: Expenditure of Corpus Revolving Fund:2014-15 1. Superspeciality treatment :Rs. 374409579 2. Speciality treatment :- Rs. 57414031 3. Drugs and dressings [with Medical Equipment & AMC] :Rs. 597352389 Pattern of Funding: On the agreed principle of 7:1 sharing of expenditure on medical benefit Scheme ESI Corporation re-imburses quarterly through “on account payment” of the State Government in each financial year pending finalization of actual expenditure duly certified by the AG WB(Audit). After obtaining the “Audit Certificate” the ESI Corporation makes the final adjustment. Expenditure on ESI (MB) Scheme during (2014-15) : Budget framed by ESI Corporation, New Delhi for West Bengal during last 3 years: Year 2012-2013 2013-2014

Budget (Rs.) 162,62,68,000 174,10,26,000

2014-15

1891922000

203

Budget vis-a-vis expenditure from the State Fund for last three years Year

Plan status

2012-2013

Non Plan

171,58,46,000

135,96,918

State Plan

10,50,000

77,710

Total

171,68,96,000

135,97,16,628

Non Plan

159,34,20,000

138,56,32,783

State Plan

10,50,000

1,78,762

159,44,70,000

138,58,11,545

Non Plan

1839078000

1203041288

State Plan

1200000

1089651

1840278000

1204130939

2013-2014

Total 2014-15

Total

Budget

Expenditure

FUTURE PLAN a ) Establishment of NICU[Neonatal Intensive Care Unit] at Kamarhati – the first of its kind in ESI setup. b ) Establishment of new 100 bedded hospital at Haldia and Siliguri. c ) Establishment of new Dialysis unit at Asansol ESI Hospital. d ) Establishment of new BSc Nursing College at Asansol ESI Hospital. e ) Starting of Paramedical Courses [DMLT, DRD, DCCT] at Serampore, BudgeBudge, Baltikuri and Manicktala ESI Hospitals. f ) Installation of MRI and CT Scan machines at Manicktala ESI Hospital. g ) Establishment of newer diagnostic facilities [Endoscopy and Echocardiography with Colour Doppler etc.] at different ESI Hospitals.

204

Employees’ Compensation

7

Employees’ Compensation

T

he Employees’ Compensation Act, 1923 is the first piece of social security legislation in India for which this office is the statutory authority for West Bengal. The general scheme of this Act is that the compensation ordinarily be given to the Employees’ who sustained personal injury by accidents arising out of and in the course of their employment. The scope of the Act has been extended to a great for the relief of the working employees. Accordingly, the Act was passed in 1923 and Rules were made thereafter. The office of the Commissioner, Employees’ Compensation, West Bengal deals with cases under the Employees’ Compensation Act & Rules. The present courts of Commissioner, Employees’ Compensation, West Bengal started functioning from the year 1945. The office of the Commissioner, Employees’ Compenstaion, West Bengal is the statutory authority for implementation of

205

the social objects as well as the legal objects of the historic Act. It was earlier known as The Workmen’s Compensation Act, 1923. From 18-01-2010 it was amended as Employees’ Compensation Act, 1923.

Administration Set-up & Functions The Office of the Directorate of Employees’ Compensation, West Bengal, Kolkata is constituted with three Commissioners for Employees’ Compensation, West Bengal. There are two other posts of Officers viz. Registrar, Employees’ Compensation Court, West Bengal and Personal Assistant to the Commissioner, Employees’ Compensation, West Bengal. The office consists of fifty posts of clerks and menials.

direct credit to accounts system in the mode of National Electronic Fund Transfer (NEFT). In Kolkata all payment of compensation has been paid by direct transfer to bank A/c of employee or dependents of deceased employee. Under this directorate there are two separate courts i.e. Authority under Payment of Wages Act & The Authority under Minimum Wages Act are functioning in Kolkata. As per area of Jurisdiction three offices and establishments are situated in whole of West Bengal under the Employees’ Compensation Act, 1923 as follows :a)

Among the three Commissioners, the 1 st Commissioner is entrusted with the financial and administrative power. All the three Commissioners are to dispose of cases under the Employees’ Compensation Act, 1923 as per rule. The overall duty of the office is to realize compensation from the employers concerned and to disburse the same to the injured employee and the dependents of the deceased employee. The Commissioner is also to see that the amounts of compensation are paid to the genuine person by an enquiry.

206

At present the procedure for payment has been changed in view of Notification No. 486-LW/WC-02/08, dt. 12-8-14 published in the kolkata Gazzette on 24th September, 2014 of Labour Department, Govt. of West Bengal and also instruction of R.B.I., Kolkata vide their memo. No.Bd(Kol)/32/10-03-002/2014-15, dt. 18-02-15 that all payments of compensation money be made only through

Commissioner, Employees’ Compensatiaon, North Bengal Region at Nawabbari Judical Complex, P.O.& Dist. Jalpaiguri. Jalpaiguri area : Malda, Uttar Dinajpur, Dakshin Dinajpur, Jalpaiguri, Darjeeling and Cooch-Behar.

b)

Commissioner, Employees’ Compensation, at Administrative Building, City Centre, Durgapur-10, Dist. Burdwan Burdwan Area: Purulia, Bankura and Birbhum.

c)

Commissioner, Employees’ Compensation, West Bengal at New Sectt. Bldgs., 2nd Floor, Block-’A’, 1, K.S.Roy Road, Kolkata-700 001 Rest of the district. Email ID : [email protected] (In Kolkata there are three court of Commissioner)

Employees’ Compensation

Employees’ Compensation, Kolkata Disposal of cases under Employees’ Compensation Act, 1923 for the period from 01.04.2014 to 31.03.2015 Nature

Pending on Filed/initiated during Disposed of during Pending as 01.04.2014 the period from the period from on 31.03.2015 01.04.14 to 31.03.15 01.04.14 to 31.03.14 Claim Cases 6981 476 679 6778

of cases

Agreement Cases

2

20

20

2

Fatal Accidents Cases

82

33

56

59

Deposit under Section 8(ii) of E.C.Act, 1923

241

124

101

264

Deposit u/s 8(i) of E.C. Act, 1923

340

131

164

307

7646

784

1020

7410

Total

Personal Ledger Account in R.B.I., Kolkata for the period from 01.04.14 to 31.03.15 Opening balance

Deposit

Payment

Closing balance

Rs.3,56,07,644.14

Rs.9,82,87,742.00

Rs. 7,92,86,667.99

Rs. 5,46,08,718.15

Court Fees: Court fees received during the period from 01.04.2014 to 31.03.2015 was Rs. 60,169.00 Payment of Wages Act, 1936 & Minimum Wages Act, 1948 Disposed of cases under the Payment of Wages Act and Minimum Wages Act for the period from 01.04.2014 to 31.03.2015. Nature of cases

Pending on 01.04.2014

Filed during the period from 01.04.14 to 31.03.15

Disposed of during the period from

01.04.14 to 31.03.15

Pending as on 31.03.2015

Payment of wages Act,1936 104

3

26

81

Minimum Wages Act,1998

3

3

0

6

107

6

26

87

Total

Personal Ledger Account in R.B.I., kolkata in respect of Payment of Wages Act, 1936 and Minimum Wages Act, 1948 for the period from 01.04.14 to 31.03.15 Opening balance

Deposit

Payment

Closing balance

Rs. 79,28,383.04

Rs. 1,76,819.00

Rs. 51,737.00

Rs. 80,53,465.00

Court fees : Court fees received during the period from 01.04.14 to 31.03.15 was Rs. 384.00

207

Employees’ Compensation, Durgapur The Employees’ (Workmen’s) Compensation Act, 1923 being a beneficial social security legislation and which intent to give some security to workman in certain type of employment and to ensure high degree foe protection for workers and to provide a separate, speedy and cheap forum to the workman or to their dependents for claiming compensation, Govt. of West Bengal has set up Office/Court Employees’ (Workmen’s) Compensation Commissioner, for the District of Burdwan, Bankura, Birbhum and Purulia at Durgapur, Burdwan, in the year 1973. The Office/Court of Commission Employees’ (Workmen) Compensation, Durgapur, started functioning from 1st Admn. Bldgs., (2nd floor), City Centre, Durgapur on and from 13.06.1973. That all along the Office of the Commissioner, Employees’ (Workmen’s) Compensation, Durgapur, has been presided over by a Judicial Officer, earlier by Officer of West Bengal Higher Judicial Services Cadre and at present by Judicial Officer of District Judge Entry Level Cadre. That Since 04.05.2007, the Office/Court of the Commissioner, Employees’ (Workmen’s) Compensation, Durgapur has been presided over by the Judge, 9th Industrial Tribunal, Durgapur as Incharge.

Activities/Functions

208

The Employees’ (Workmen’s) Compensation Act, 1923 has been promulgated due to the growing complexity of the industry with the increasing use of machinery and consequent danger to workmen, along with the comparative poverty of the workmen themselves, renders it advisable that they should be protected, as far as possible from hardship arising from accident. Further, the Act as it name shows, seek to compensate the workman injured and compensate the wage earner and his legal dependents and not the individual and compensate the loss of his earning and

nothing else. The object of the Act is to make Provision for the payment of compensation by certain class of employers to their workmen for injury by accident or to legal dependents of the deceased workmen died in an accident arising out or in the course of his employment. It is a guarantee against hazards of employment to which a workman is exposed because of his employment. The main object of the Act is to make Provision for payment of compensation to a workman only in case of his surviving of injusry in question and to his dependents in the case of his death. The compensation is not only the benefit flowing from the Act, it has important effects in furthering work on the prevention of accidents, in giving workman greater freedom from anxiety and in rendering industry more attractive. That after the introductions of Employees’ State Insurance Act, 1948, the person who are covered by the Employees’ State Insurance Act, 1948, are not entitled to receive disablement or dependents benefit under the Employees’ (Workmen’s) Compensation, Act, 1923 and the workman earning less than Rs. 15,000/-p.m. within the jurisdiction of Asansol Municipal Corporation and Durgapur Municipal Corporation who are also governed by the Employees’ State Insurance Act, 1948, are barred to take benefit of the Act. The Employees’ (Workmen’s) Compensation Act, creates a new type of liability. It is not strictly a liability arising out of tort, but is a short of liability arising out of relationship of the employer and the employee. The employer under this Act is liable to pay compensation at the rate fixed in the Act itself to any workman incapacitated by an accident arising out and in the course of his employment. The main priniciple governing the compensation is not dependent on the suffering caused to the workman or expenses incurred by him in his treatment, but different between his wage earning capacity before and after the accident. The liability for the

Employees’ Compensation

payment of compensation is not dependent upon the neglect or wrongful Act on the part of the employer. That if a workman while doing his employer work, trade or business engages himself in some other work which he is not ordinarily required to do under the contract of his employment and which act involves extra danger, he cannot hold his master liable for the risk arising therefrom. Generally following types of compensation cases are dealt in the court of the Commissioner Employees’ (workmen’s) Compensation.

Claim Case Where the employer fails to make payment of compensation, then an injured workman or legal dependents of deceased workman files application in Form ‘F’ and Form ‘G’ as per Rule 20 of the Act. Then such application are registered as Claim Case and which are dealt like a civil case. That after taking into consideration both oral and documentary evidence adduced by the parties, an award is passed. That on payment/deposit of awarded compensation either by the employer or the insurance company. Then distribution case is started and where an enquiry is caused through concerned D.M/Collector or S.D.O. of the Area within whose jurisdiction the deceased workman was last resided, to ascertain the actual legal dependents of the deceased workman and to ensure that no actual beneficiary or dependents of deceased workman has been left out. That on receiving enquiry report, the compensation amount so deposited is distributed/apportioned amongst the lagal dependents as per the discretion of the Commissioner.

Distribution Case That when the employers voluntarily deposit compensation along with From ‘A’, in case of fatal acciednt and along with From ‘AA’, in case of non-fatal accidents u/s 8 of the Act.

That the amount deposited by the employer in cheque or by draft is remitted to local Treasury through Bank. The payment is made to the injured workman or to the legal dependents of the deceased workman after receiving enquiry report regarding the actual surviving legal dependents of the deceased workman from the District Magistrate/ Collector or S.D.O. of the Area within whose jurisdiction the deceased last resided.

Agreement Case Where the amount payable as compensation has been settled by agreement, then a memorandum thereof is sent to the office of Commissioner, by the employer. On receiving such memorandum, Agreement Case is started and notice is sent to the concerned workman or to the dependents of the deceased workman to ascertain its genuineness. That on non receipt of objection from any of the parties, then such memorandum of agreement is registered. In case of objection, necessary order is passed after hearing parties.

Actual performance during last year Cases pending as on 01.01.14 a) b) c) d) e)

Claim Case - 349 Distribution Fatal Case - 25 Distribution Non-Fatal Case - NIL Misc. Case - 03 Agreement Case - NIL

a) b) c) d) e)

Claim Case - 255 Distribution Fatal Case - 43 Distribution Non-Fatal Case - 07 Agreement Case - NIL Misc. Case - 06

a) b) c)

Claim Case - 117 Distribution Fatal Case - 248 Distribution Non-Fatal Case - 04

a) b) c)

Claim Case - 100 Distribution Fatal Case - 43 Distribution Non-Fatal Case - 07

Cases disposed of during the year 2014

Introlocutory petitions disposed of in the year 2014

Number of witnesses examined in the year 2014

209

Number of cases filed in the year 2014 a) b) c) d)

Claim Case - 26 Distribution Fatal Case - 54 Distribution Non-Fatal Case - 07 Agreement Case - 03

Achivement The office/Court of the Commissioner, Employees’ (Workmen’s) Compensation, Durgapur, is presided over by judge 9th Industrial Tribunal, Durgapur as in-charge and has been functioning without a single clerical staff since 2013. At present the Court and Office of Commissioner, Employees’ (Workmen’s) compensation, Durgapur, has been fuctioning with help of a stenographer, one Group ‘D’ Staff and a Night guard. That in spite of such adverse condition, in total 311 cases were disposed of and 150 witnesses were examined and compensation amounting to Rs. 2,25,68,008/- was disbursed for the period from 12.02.14 to 31.12.14.

Future Plan

210

At present the Office/Court of Commissioner Employees (Workmen’s) Compensation has only three staff i.e. one Stenographer, one Office Peon and one Night guard-cumDarwan. The actual sanctioned clerical post in the office of the Commissioner, Employees, (Workmen’s) Compensations, Durgapur, is five, but due to retirement of clerical staff since 2011 till 2013, all the clerical post are lying vacant and which is causing hardship in dealing with huge amount of compensation money. That due to non-posting of a single clerical staff in the post of Accountant or Cashier or Head Clerk or an efficient staff having knowledge in accounts matter, the Office of Commissioner is unable to clear Crore of Compensation Amount lying in lapsed depsoit and consequently the dependents of deceased workmen or injured workmen are deprived of their entitlement or due. That if the Depatment takes initiative to appoint clerical staff to the post which are lying vacant, then relief can be dispensed to the injured workmen and as well as to the dependents of the deceased workman within

time framed in the Act, which itself is a beneficial social legislation and which intends to insure rehabilitation of the workman himself or his dependents. For the progress of democratic socialism and its needed impact on the society the socialization of the needs and miseries of man is important as the socialization of the basis of production and wealth.

Appointment of Summon Bailiff or Process Server to avoid delay in serving notice/summon of the case upon the employer and insurer When a claim Case is instituted a summon or notice of the case has to be issued to the employer/employers or to the Insurers with whom life risk of the workmen have been insured for their appearance and to answer the claim and to file written statement of his/ its defence, if any. That in most of the cases in spite of due and reasonable diligence on the part of the claimant summon and notice upon the employer/employers/Insurer sent by post could not server and which causes delay in disposal of the case. That to avoid delay and prevent the scrupulous employer/employers or insurer or witness residing or carrying business within the jurisdiction of the Commissioner, Durgapur, and who are avoiding service of summon/notice by post, then service upon them can be effected by a process server personally or by affixing copy of notice/summon on the outer door or some other conspicuous part of the house or office in which the employer or Insurer ordinarily reside or carries on business or personally works for gain. So, the process server/summon bailiff can return the original notice or summon to the court and office of the commissioner from where it was issued, with a report endorsed thereon stating the circumstances under which he did so and names and address of the witness who identified the address and in whose presence the notice/summon was affixed.

Labour Court

8

Labour Court

T

he main object of Industrial Disputes Act, 1947 is to restore industrial peace and promote good relation between the employer and the employees and to dispose of or settle industrial disputes by way of adjudication. Directorate of Industrial Tribunals and Labour Courts are empowered to adjudicate various disputes covered under Industrial Disputes Act, 1947, Industrial Employment (Standing Order) Act, 1946 and Working Journalists (Miscellaneous Provisions) Act, 1955. At present 9 (nine) Industrial Tribunals and 2 (two) Labour Courts are functioning in the State of West Bengal. Generally Industrial Tribunals are presided over by the Officers of West Bengal Higher Judicial Service cadre deputed by the Hon’ble High Court at Kolkata. Occasionally a few Judges of

211

Tribunals are appointed by the Labour Department by way of re-employment. The senior most of the in-service Judge is empowered to perform the duties of the D.D.O., Controlling Officer and Head of the Department by the Government of West Bengal. The Labour Courts are also manned by the members of the West Bengal Judicial Service posted on deputation as directed by the Hon’ble Court. Activities/Functions : Industrial Disputes Act is constituted to create industrial peace and harmony as well as to protect the interest of employees employed in the industry. The main activities of the Industrial Tribunals and Labour Courts are to adjudicate

Section

10 10(1B)(d) 33A 33(2)(b) 10A 36A 33(C)(2) 11B W. J. Act 17(2) 2A (2) Misc. Total

212

No. of cases No. of cases pending as on received 01.04.2014 during 1.4.2014 to 31.03.2015

and execute the disputes so registered. Every Tribunal adjudicates on the Industrial Disputes referred by the Labour Department, Government of West Bengal by following the Acts and Rules framed there under, in public and submits its decision to the Government for information and publication. Whereas every individual files application before a Labour Court for adjudication of their application under Section 10 (1B) (d), 2A(2) & 33 (c)(2), before the specified Tribunal /Labour Courts. Actual Performance during April 2014 to March 2015 A statement of achievement i.e. number of adjudication of Industrial Dispute cases is furnished below.

Total No. of cases

No. of cases No. of cases disposed pending as during 01.04.2014 on to 31.03.2015 31.03.2015

529 228 18 25 0 1 406 22 3

94 42 0 0 0 0 78 0 0

623 270 18 25 0 1 484 22 3

113 41 2 12 0 0 102 0 0

510 229 16 13 0 1 382 22 3

130 15 1377

55 0 269

185 15 1646

30 10 310

155 5 1336

Labour Court

Total number of witnesses examined in April 2014 to March 2015 by all the Industrial Tribunals and Labour Courts are 954. The Tribunals and Labour Courts dealt with 1646 cases and disposed 310 cases by adjudication during April 2014 to March 2015. Number of pending cases before the Industrial Tribunals and Labour Courts thus stood at 1377 on 01.04.2014 and 1336 on 30.03.2015 (a detailed list is annexed as Annexure - A). Important Programmes to be undertaken during 2014-15 for the Directorate of Industrial Tribunals. Presently individual worker (in view of Amendment) can approach directly to the Indistrial Tribunal or Labour Court for adjudication of the dispute in between the worker/workman and the employer. When the applicant is the union (representing the workman) there is no provision for making direct approach before the Tribunal or the Labour Court, in respect of disputes awaiting reference. There are number of disputes raised by the union awaiting for reference. Attempts to be taken to expedite the matter so that such disputes awaiting reference be immediately sent to the Industrial Tribunal or the Labour Courts. This drive will not only speed up the disposal of the disputes pending with the Labour Department but also give quick relief to the parties prayed for redressal. In this connection it is to be mentioned that in terms of Notification Pudlished by Ministy of Labour (Employment), Government of India bearing No. S.O.2278 dated 15.09.2010 read with Government of West Bengal, Labour Department (I.R Branch), Writers’ Buildings, Kolkata; Notification No. 101-IR/IR-12L-14/

11 dated 02.02.2012 u/s 2A (2) the workman can directly file the dispute before the Industrial Tribunals as per jurisdiction for adjudication after the expiry of 45 days from the disputes raised before the Labour Commissioner, Government of West Bengal by force of such notification total number of cases received i.e. u/s 2A(2) during the year 2014-2015 are 55 (fifty five) and total number of disposals u/s 2A(2) are 30 (thirty). Statistics of total number of cases of all sections including the sections of 2A(2) are given in a table which shows the clear picture of entire case matters of the Directorate of Industrial Tribunals. Any Special Initiative or achievement : Though there was massive shortage of staff and judicial officers throughout the year, sincere efforts were taken to maximize the judicial work to give appropriate relief to the litigant public. 269 cases were registered during this financial yerar (01.04.2014 to 31.03.2015) and 310 cases have been disposed of. Tribunals and Labour Courts are trying their best to expedite the adjudication process. Future Plan : The general trend is that the benefits of the Act is limited to metropolitan and urban areas. Most of the remote areas do not get benefits of the Act due to lack of infrastructure. To expand the benefits Industrial Tribunals are required to be de-centralized in the following areas like Haldia, Howrah, Barrackpore, Ranaghat, Krishnanagar and Diamond Harbour. Latest technological benefits like separate website LAN (Local Area Net Work) and Helpline are also required to be set up to expand the benefits of the Act. Full-fledged staff with proper administrative control are also very much required to implement such plan.

213

OFFICES, LABOUR WELFARE CENTRES & HOLIDAY HOMES OF WEST BENGAL LABOUR WELFARE BOARD 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40.

HEAD OFFICE REGIONAL OFFICE DARJEELING HOLIDAY HOME DIGHA HOLIDAY HOME HALDIA HOLIDAY HOME BAKKHALI HOLIDAY HOME BARUIPUR L.W. CENTRE BELIAGHATA L. W. CENTRE BUDGE BUDGE L. W. CENTRE HOWRAH L.W. CENTRE LILUAHL.L. W. CENTRE KIDDERPORE L. W. CENTRE METIABRUZ L. W. CENTRE RISHRA L. W. CENTRE SODEPUR L. W. CENTRE NAWABGANJ L. W. CENTRE TELINIPARA L. W. CENTRE KANKINARA L. W. CENTRE NAIHATI L. W. CENTRE BONGAON L. W. CENTRE RANAGHAT L. W. CENTRE GORABARI L. W. CENTRE BOLPUR L. W. CENTRE PLASSEY L. W. CENTRE DHULIAN L. W. CENTRE FARAKKA L. W. CENTRE BAGDOGRA L. W. CENTRE SUKNA DAGAPUR L. W. CENTRE SOURENI L. W. CENTRE SONADA L. W. CENTRE GING L. W. CENTRE MUNSANG L. W. CENTRE RANGO L. W. CENTRE MATELI L. W. CENTRE BIRPARA L. W. CENTRE KALCHINI. L. W. CENTRE BIRLAPUR M.L.W. CENTRE MANICKTALA M.L.W. CENTRE B.K.C.M.M.L. W. CENTRE DANESH SK. LANE

41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59.

M. L. W. CENTRE DUM DUM M. L. W. CENTRE BELGHORIA M. L. W. CENTRE BELUR L. W. CENTRE SAPUIPARA M. L. W. CENTRE TARAPUKUR GARDEN M. L. W. CENTRE PATULIA M.L. W. CENTRE GOURHATI M. L. W. CENTRE SUNDIA M. L. W. CENTRE\ HARINGHATA M. L. W. CENTRE KALYANI M.L. W. CENTRE DURGAPORE M. L. W. CENTRE SAGARBANGA M.L. W. CENTRE KANYAPUR M. L. W. CENTRE JHALDA M.L. W. CENTRE MADATI M.L. W. CENTRE MAHANADI M.L. W. CENTRE POKHRIA BONG M.L. W. CENTRE MUNGPOO M. L. W. CENTRE HASIMARA M. L. W. CENTRE

HOLIDAY HOME (4) MODEL LABOUR WELFARE CENTRE (23) HEAD OFFICE: KOLKATA (KANKURGACHI)

214 ORDINARY LABOUR WELFARE CENTRE (30)

REGIONAL OFFICE: DAGAPUR COMPLEX (PRADHANNAGAR Dt. DARJEELING)

W.B. Labour Welfare Board

9

West Bengal Labour Welfare Board

W

est Bengal Labour Welfare Board and West Bengal Labour Welfare Fund administered by it are constituted under the West Bengal Labour Welfare Fund Act, 1974 to promote welfare of the workers of the State of West Bengal. The Board is a tripartite body consisting of the representatives from employers’ organization, employees’ organization and State Government. The Minister-in-Charge, Labour Department is the Chairman of the Board. The Welfare Commissioner, W.B. Labour Welfare Board is the Member-Secretary of the Board. The Head Office of the Board is housed in ‘Shramik Kalyan Bhawan’ situated at P-3, C.I.T. Scheme VII-M, Kankurgachi, Kolkata -700 054.

215

Cultural function being staged on the occassion of May Day celebration

Labour Welfare Activities Activities of the Board are driven by the welfare needs of workers. The Board implements various Labour Welfare Schemes and projects for extending labour welfare facilities and benefits to the workers who are paying contribution to the Labour Welfare Fund constituted under West Bengal Labour Welfare Fund Act, 1974. There are 51 Labour Welfare Centres under the Board out of which 23 are Model Labour Welfare Centres. There are five Holiday Homes under the Board as well. The Board performs the Labour Welfare activities through the Labour Welfare Centres, auditoria and Holiday Homes. The key activities of the Board are mentioned below:

Cultural Functions and Sports & Games

216

The Labour Welfare Centres carry out labour welfare activities round the year. The Board provides different recreational and sports materials to the Labour Welfare Centres, such as, daily news papers, magazines, T.V.,

Carrom Board, Football, Table Tennis, physical fitness equipments etc. for the workers and their family members. Various cultural function and competitions, Annual Sports, Volleyball tournament, Football tournament, Carrom tournament, badminton tournament etc. are organized by the Labour Welfare Centres for recreation, entertainment and physical and mental well being of the workers and their dependents. Auditorium attached to the Model Labour Welfare Centres are allowed to be used by the contributing workers at a very nominal rent for organizing social and cultural functions.

Special Programmes Zonal level cultural function, games and sports of the workers and family members at South Bengal and North Bengal Zones are held every year. May Day was celebrated in the last year at Howrah Sarat Sadan in South Bengal and at Bagdogra in North Bengal. Contributing workers and their family members participated in the programme.

W.B. Labour Welfare Board

Scholarship and Stipend Scholarship and Stipend are paid to the wards of the contributing workers every year as an economic support to pursue their studies from H.S. and above. The Scheme of scholarship and stipend also covers the trainees hailing from the families of contributing workers admitted in “LABWEB” computer Training Programme in different Labour Welfare Centres. The eligibility for this scheme are as follows: a ) For scholarshipi ) Guardian’s annual income not exceeding Rs.1,20,000/- per year. ii) Marks to be obtained 65% in Madhyamik and 55% in H.S. and above. b ) For stipendi. Guardian’s annual income not exceeding Rs. 72,000/- per year. ii. Pass marks to be obtained 65% in Madhyamik, H.S. and University Examination and also in Medical and Engineering courses.

Skill based Vocational Training & Computer Training Training in Sewing & knitting and training in Music & Dance are imparted by the Training Instructors in different Labour Welfare Centres.

Shri Partha Pratim Bhoumik, Wellfare Commissioner inaugurating a sports event in Durgapur

LABWEB Training Centres are now running with new policy of training in selected Model Labour Welfare Centres in technical collaboration with Webel Informatics Ltd. The objective of LABWEB Training Centres is to provide computer training to the wards of the contributing workers at a subsidised fee. The Board provides 50% of the course fee to each ward of the contributing workers admitted in LABWEB Training Programme. At the end of the course, certificates of computer training are given to the successful candidates.

Distribution of Test Papers The Board distributes test papers to the wards of the contributing workers appearing at the Madhyamik examination

Inter Factory Footbal Tournament being held in Durgapur

217

Homes at Mython & Santiniketan in under consideration.

Rest House at Head office, Kolkata, Regional office, Sukna-Dagapur, Siliguri and Hasimara

Digha Holiday Home

and H.S. examination every year free of cost. During 2014-15 the Board distributed 7428 Test Papers to the examinees from contributing workers families.

Book Grant Another scheme of Book Grants to the students of contributing families studying in Class-IX & X is also running by the Board.

Holiday Homes The Board runs five Holiday Homes at Darjeeling, Digha, Bakkhali, Puri and Gangtok. Holiday Homes at Darjeeling, Digha, Bakkhali are owned and maintained by the Board. Holiday Homes at Puri and Gangtok are in rented Hotel/lodge. Holiday Home meant for the workers and their family members to enjoy the holidays. For workers, the charge for booking of these Holiday Homes are as follows: Digha, Bakkhali BakkhaliGangtok Puri DarjeelingDarjeeling-

218

Rs.20/- per bed per day. Rs. 200/- per suit per day. Rs.200/- for a double bedded room Per day. Rs.150/- for a double bedded room per day. Rs. 50/- per seat per day. Rs. 100/- per room per day.

To improve the service of Holiday Homes standard canteen facilities have been already started in Digha Holiday Homes since 01/04/2013. Setting up of Holiday

There is a Rest House at Kankurgachi, Kolkata for the benefit of the contributing workers who are coming from distant districts of the State with a nominal charge of Rs. 50/- per day per bed. The Board also runs Rest Houses at Regional Siliguri and Hasimara Model Labour Welfare Centre, Alipurduar. Persons other than contributing employees/ workers may also avail the facilities at higher rate of charges provided such facilities are not booked by the contributing empolyees/ workers.

Financial Assistance to the workers for Critical Diseases The Board has introduced a scheme of financial assistance of Rs.15,000/- for payment to contributing workers who suffer from critical diseases, such as, heart disease, Cancer, AIDS etc. During the year 2014-15 6 (six) patients of Critical Disease were given financial assistance by the Board at an amount of Rs. 90,000/-. FINANCIAL ASSISTANCE FOR CRITICAL DISEASES FOR 2014-2015 No. of beneficiaries Amount

Welfare Programme

6 Rs. 90,000.00

Activities/Calendar

West Bengal Labour Welfare Board has an objective of organizing cultural & games sports among the workers and their family members through different Labour Welfare Centres. The programmes during the period observed as Administrative Calendar Programme :-

W.B. Labour Welfare Board

x x x x

x

x x x x

x x

Athletic Sports at Rishra Labour Welfare Centre, Hooghly, Volley Ball Competition at Durgapur Model Labour Welfare Centre, Burdwan, Sit & Draw at Belur Model Labour Welfare Centre,Howrah, Rabindra Jayanti at Mungpoo Rabindra Memorial Model Labour Welfare Centre, Darjeeling, Bhanu Bhakta Jayanti at Mungpoo Rabindra Memorial Model Labour Welfare Centre, Darjeeling, Football Competition at South Bengal Region, Football Competition at North Bengal Region, Observation May Day at Siliguri, North Bengal, Carrom Competition at Birlapur, Belghoria & Gourhati Model Labour Welfare Centres, Organization of Health Camp at Birpara Labour Welfare Centre, Alipurduar, Annual Sports at Durgapur Model Labour Welfare Centres, Burdwan. Year

SCHOLARSHIP/STIPEND Amount No. of student

2013-2014

Rs 58,86,044/-

2720

2014-2015

Rs.27,04,500/-

1056

BOOK GRANT Year

Amount

No. of student

2014-2015

Rs. 5,90,300/-

2596

DISTRIBUTION OF TEST PAPER Year

Amount

No. of student

2013-2014

Rs. 5,31,197/-

6916

2014-2015

Rs. 6,25,645/-

7428

Participation in Shramik Mela of Labour Department The Board has participated in the Shramik Mela as organized by Labour Department, Government of West Bengal in different districts of the State for awareness of social security benefits among the working people.

Revenue Earnings The Principal sources of the incaome of the Board are the contribution of the employees and emplloyers of the establishments, factories and plantations covered under the West Bengal Labour Welfare Fund Act, 1974. Employees’ share of contribution is Rs. 3/-for each employee and employer’s share of contribution is Rs.6/- per employee payable to the Board half-yearly basis.

Digha Holiday Home

219

A comparative picture of statutory contribution along with penal interest earned during the period under reference vis-à-vis that during the same period in previous year is given below: STATUTORY CONTRIBUTION Period Employers’ Contribution Employees’ Contribution Matching Grant Penal Interest Total

2011-12 1,09,90,234.50 54,94,479.50 1,09,10,572.00 1,94,888.97 2,75,90,174.97

2012-13 1,14,46,854.00 57,23,427.00 1,19,04,000.00 1,45,797.50 2,92,20,078.50

2013-14 1,26,33,297.00 63,07,880.75 1,29,75,000.00 11,03,993.89 3,30,20,171.64

2014-15 1,25,63,388.00 62,87,260.50 1,59,83,640.00 7,78,999.00 3,56,13,287.50

Development 1. Renovation of the Belur Model Labour Welfare Centre into a two-storied building with mordern look and good facilities of Community Hall is going on. The State Govt. has sanctioned the total estimated amount of Rs. 70,00,000.00 for that project (round off). 2. Renovation and repairing of Darjeeling Holiday Home a sum of Rs. 20,00,000.00 (rounded off) has been sanctioned by the State Govt. through plan assistance. The work is almost completed. 3. There is also a plan already submitted for grant of plan assistance, to thoroughly renovate Digha Holiday Home and give this oldest facility provided by the Board a fresh new look. The State Govt. has sanctioned the estimated amount of Rs. 54,00,000.00 (rounded off)for through renovation of Digha Holiday Home.The work is almost completed. 4. A sum of Rs. 5,04,00,000.00 (Rupees five crore four lakh) only (rounded off) has been sanctioned for renovation of the auditorium at Kankurgachi, Kolkata. The work is in progress. 5. For renovation and repairing of Head Office of the Board at Kankurgachi a sum of Rs.39.00 lac has been sanctioned by the State Government. The work is almost completed. 6. For renovation and repairing of Patulia Model Labour Welfare Centre in the North 24Parganas district a sum of Rs. 40,00,000.00 has been sanctioned out of the approved estimate of Rs. 80,00,000.00 (rounded off). The work is almost completed. 7. For renovation and repairing of Kanyapur Model Labour Welfare Centre in the Burdwan district a sum of Rs. 1,59,46,091.00 has been sanctioned by the State Government. Work is almost completed. 8. For construction of Labour Complex at Sukna-Dagapur, Siliguri with a cost of Rs. 7,31,70,000.00 a sum of Rs. 1.5 crore has been sanctioned by the State Government. The work is in progress.

220

9. For renvoation and repairing of DaneshSk. Lane Model Labour Welfare Centre in Howrah district a sum of 21,00,000.00 out of approved estimate of Rs. 56.00 lac (Rounded off). The work is yet to be started.

State Labour Institute

10

T

State Labour Institute

his institute was first established in the year 1951 as a ‘Training Institute-cum-Central Library, near Clive Ghat Street, Kolkata and was shifted to its own building at Kankurgachi, Kolkata-54 on 10th September, 1966. Since 1989 it is known as ‘State Labour Institute’. The principal objectives of starting this Institute wasa) to train up young graduates for appointment as Labour Welfare Officers in Factories, Plantations, Mines etc. b) to provide in service training to the Officers of Labour and allied Directorates; c) to conduct special course for Labour Walfare workers employed by the Labour Directorate as well as the industries; d) to conduct refresher courses for old trainees; e) to conduct special courses for small employers who may not be able to employ wholetime Welfare Officers; and

221

zzzzzzzzzzzzzzzzzzzzzzzzzzzzz f)

to provide training facilities for Trade Union workers to guide them on right trade union and collective bargaining principles.

To meet these objectives, a “Labour Welfare Officers’ Training Course” was conducted which was termed “Certificate in Labour Welfare”. In the year 1989, this Course was upgraded to a One Year “Diploma Course in Personnel Management, Industrial Relations & Labour Welfare”. A branch of this Institute was established in 1994 at Siliguri.

Officers and are generally called by the Labour Department for an Interview (Viva-Voce). After the interview successful students are awarded a Certificate which qualifies them to be employed as Welfare Officers in Factories, plantations and various other Industries where appointment of Welfare officers is a statutory norm. The details of the result of the final Examination 2013-14 session are as follows : Sessions

Centre

2013-14

Kolkata

39

39

0

0

Siliguri

26

25

0

1

Academic Details One Year P.G. Diploma in Human Resource Development & Labour Welfare: A one year full time course the “P.G. Diploma in Human Resource Development & Labour Welfare” spread over two Semesters was introduced in Kolkata and Siliguri from December, 2004 in affiliation with West Bengal State Council of Technical Education. In each academic year, starting in the month of July, the number of seats for State Labour Institute, Kolkata Centre is 50 (40 general candidates, 5 candidtes sponsored by industrial establishments and 5 nominated Government Officials) and the number of seats for State Labour Institute, Siliguri Centre is 30 (25 general candidates and 5 sponsored candidates). The eligibility required for undergoing the above course is Graduate in any discipline. The annual fees for the above course has been revised to Rs. 10,000/- for sponsored candidates and Rs.6,000/-for general candidates.The general candidates are selected through a written admission test; the sponsored candidates are selected through an interview. The class for the 11th batch (2014-15) of this course commenced on 30th July, 2014.

222

The students who pass the above course may apply for the Certificate of Labour Welfare

II.

No. of 1st 2nd Pass Students Class Class appeared

Six Months Certificate Course in Construction Safety

The Certificate Course in Construction Safety which was introduced in July, 2007 to develop safety professionals in the field of construction sector, has been continuing its journey successfully. Two sessions are covered each year. The classes are conducted on every Thursday and Friday between 11.00 a.m. and 5:00 p.m. Admission for the two sessions generally starts in December and in June respectively. 30 seats are reserved for freshers and 5 seats are reserved for sponsored candidates. The course fee for the general candidates is Rs. 4000/- and the same for the sponsored candidates is Rs. 6000/-. Candidates must be a Graduate in any discipline from a recognised University or a diploma holder in Mechanical/Civil/Structural or Construction Engineering or must possess any equivalent or higher degree to become eligible for appearing in the admission test. Sponsored candidates are selected through a viva-voce test.

State Labour Institute

While selecting the eligible candidates for both the above courses, existing Reservation Policy of the Government is followed. The final examination of the Session, JulyDecember, 2013 (13th batch) was held on 19th, 20th and 23st February, 2014 and the results were declared on 6th June, 2014. Result of the July-December, 2013 Session (13th batch): Session

No. of students appeared

Result

July- December, 2013

29

29-Frist class

January-June, 2014 Session (14th batch) : The classes for the 14 batch (Session JanuaryJune, 2014) of this course commenced on 14th March, 2014 th

Placement of successful students The Institute organises campus interviews for placement of passed-out students .Well known companies like CESC Ltd.,ITD Cementation, Jute Mills & Tea Gardens have been accepting our students and also they are working in many different commercial establishments. In march, 2014, 6 (six) students of the State Labour Institute, Kolkata in respect of P.G. Diploma in Human Resource Development & Labour Welfare, 2012-13 session have been selected by CESC Ltd.

Library The State Labour Institute has a Computerized Library having a good collection of book on Labour Laws, Management and other Social Sciences including journals on labour matters, National/ International Reports and ILO Publications. Every year the Government sanctions funds for purchase of books & journals for the Libraries of Kolkata &

Training being imparted at SLI on a computer training programme

Siliguri Centres.

Achievements (A) Shramik Barta, a Bengali Quarterly Magazine During the year 2014-15, the following issues of above Magazine were published. (a) The 1st year 2 nd issue of Shramik Barta was published in January, 2014. (b) The 1st year 3 rd issue of Shramik Barta was published in April, 2014. (c) The 1 st year 4 th issue of Shramik Barta was published in August, 2014. (d) The 2nd year 1 st issue of Shramik Barta was published in December, 2014. (e) The 2nd year 2nd issue of Shramik Barta is under preparation and will be Published Shortly. A Welders’ Training Centre at Taratala in collaboration with Boiler Directorate was inaugurated by the Hon’ble Minister-Charge, Labour Department, Govt. of West Bengal on 10th February, 2014.

223

Publications: 1. A Booklet on “Survey of Tea Gardens in North Bengal” by Joint Labour Commissioner, North Bengal Zone was published by this Institute in February, 2014. 2. Booklet on ÚÚ~Ñ˛ òãˆÏÓ˚ 1000 !îòñ òì%˛ò v˛zˆÏîƒyÜ Á òì%˛ò Ñ˛yÎ≈e´õÛÛ was published by this Institute in the month of June. 2014. 3. A Book on ‘Minimum Wages - A Tool of Social Justice’ written by Shri S.H. Askari, Additional Labour Commissioner, Government of West Bengal and published by the State Labour Institute, Kolkata was released on December, 2014. 4. A Guidelines for Inspectors for training purposes was published by this Institute in February, 2015.

224

Participation in Shramik Mela 1. This Institute participated in Shramik Mela in Diamond Harbour (South 24 Parganas) and Krishnanagar in the month of January, 2015.

Training /Seminar/Workshop This Institute conducted various training programmes, seminar, workshops & different interactive programmes in order to improve the quality of the Officers, Inspectors and Dealing Assistants and also to enhance the overall activities of the Labour Directorate Employees under the Labour Department with updated information on labour. During the year under review the State Labour Institute, Kolkata conducted the following training programmes & seminar/workshops.

The faculty and students of Post Graduate Diploma Course in Human Resource Development and Labour Welfare for the year 2014-15

State Labour Institute

The following table shows particulars of these programmes :Sl. No.

Name of the Training Programme

Date of training

Training for

No. of Participants nominated

No. of Participants Present

1.

West Bengal Health Scheme, 2008

8th July, 2014

Dealing Assistants

16

18

2.

DDO function

17 & 18 July, 2014

DDOs

15×2 = 30

26

3.

Enforcement of Wage related Acts

24 & 25th July, 2014

ALCs

25

20

4.

Disposal of Application of claim for Health benefits under various Social Security Schemes

8th August, 2014

ALCs with his one competent Inspector

16 × 2 = 32

20

5.

Payment of Gratuity Act 1972

11th & 12th August, 2014

ALCs

26

21

6.

Administrtion of Shops and Establishment Act 1963

13th & 14th August, 2014

DLCs / ALCs & Inspectors

9 × 2 = 18

40

7.

Enforcement of Labour Laws and Social Security Schemes

4th & 5th Sept., 2014.

Inspectors

31

28

8.

Basic Computer Operation

10th to 14th Nov., 2014.

10

10

9.

Implementation of e-District Mission mode project in 16 districts for the State of W.B.

3rd Dec., 2014

Dealing Assistants Deptt. & Commissionerate DLC, ALC

50

20

10.

West Bengal Health Scheme for all Employees and Pensioners/Cashless Medical treatment Scheme, 2014

16th & 17th Dec., 2014

DDO/Dealing Assistant/ CKCO

42

32

11.

Basic Computer Operation

5th January to 11th January 2015

Dealing Assistants Deptt. & Commissionerate

11

10

12.

Collaborative Training Programe on Social Security for Workers in Unorganised Sector with V.V. National Labour Institute, NOIDA.

10th February to 12th February 2015

Trade Unions

30

22

13

Induction Level Training (1st Batch) for the Newly appointed Inspectors in WBSLS

16th Feb, 2015 to 4th Mar, 2015

Inspectors in W.B.S.L.S

34

30

14

Induction Level Training (2nd Batch) for the Newly appointed Inspectors in WBSLS

2nd March, 2015 to 20th March, 2015

Inspectors in WBSLS

35

25

15

Review meeting on Social Security Schemes and Enforcement of Labour Laws

23rd March, 2015

DLCs, ALCs

250

95

225

Governing Body There is a Governing Bodyunder the chairmanship of the Hon’ble Minister-In-Charge, Labour Department, Govt. of West Bengal for framing Policies relating to admission, conducting classes and final examination including Viva-Voce Test and any other matter related to the Course(s). The 65th meeting of Governing Body was held on 31st July, 2014

Advisory Committee For the State Labour Institute, Siliguri there is an Advisory Committee under the Chairmanship of the Joint Labour Commissioner, North Bengal Zone to supervise the functioning of the State Labour Institute, Siliguri Branch.

226

Infrastructure : Development of Infrastru-cture during the year 2014-2015 : 1.

Two (2) LCD Projectors have been purchased in the year 2014.

2.

A Motorized screen has been installed in the Conference Hall for display of presentation.

3.

A Xerox machine has been installed in January, 2015.

4.

Twelve (12) computers - 8 for State Labour Institute, Kolkata and 4 for State Labour Institute, Siliguri have been purchased.

Appendix

Employees’ Provident Fund

A

Employees Provident Fund

Constitution of India in Part - IV under the Chapter, ”Directive Principles of State Policy,” inter-alia, enjoins upon the state to strive to promote the welfare of the people by securing and protecting as effectively as it may, a social order in which justice, social, economic and political shall be the essence of all the institutions of national life. Govt. of India has, through various enactments, endeavoured to give effect to the ideas and objectives enshrined in the Constitution. In the field of social security, the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 and the three Schemes framed under it namely, the Employees’ Provident Fund Scheme- 1952, Employees’ Deposit Linked Insurance Scheme-1976 and Employees’ Pension Scheme- 1995 are amongst the extensive and major social security programmes for the working class of India. Employees’ Provident Fund & Miscellaneous Provisions Act, 1952 was enacted with the main objective of ”making some provisions for the future of the industrial worker after he retires or for his dependents in case of his early death.” It was then felt, after considering the possible alternative that the most appropriate course for this purpose was the institution of compulsory contributory provident fund to which both the worker and employer would contribute. It was recognised that such a Scheme would have, apart from others, the obvious advantage of cultivation among the workers the spirit of saving. The Act initially provided for framing of a Scheme to be called the ”Employees’ Provident Fund Scheme” for the establishment for provident fund under the Act for specified classes of employees. The Employees’

Provident Fund Scheme was accordingly framed and it came into effect from 01.11.1952. On a review of the working of the Scheme over the years, it was found that although Provident Fund was an effective old age and survivorship benefit, in the event of premature death of an employee, the accumulations to the Provident Fund might not be sufficient to render adequate and long term protection to his family. This led to the introduction of Employees’ Family Pension Scheme with effect from 1st March, 1971. An Ordinance was promulgated on 17th October, 1995 which was repealed by amendment of Employees’ Provident Funds & Miscellaneous Provisions Act,1952, in August 1996, framing a new Scheme called the Employees’ Pension Scheme, 1995, which was introduced w.e.f 16.11.1995 repealing the Employees’ Family Pension Scheme, 1971. In the year 1976, the Act was further amended with a view to introducing yet another Social Security Scheme to provide an insurance cover to the members of the Provident Fund without payment of any premium by such members. The insurance cover was linked to deposits in the Provident Fund to the credit of the deceased employees. The Employees Deposit Linked Insurance Scheme came into effect from 01.08.1976. The three Schemes taken together provide to the employees an umbrella of protection in the form of old age and survivorship benefits, long-term protection and security to the employee and after his death to his family members and timely advances during the period of membership for social and productive purposes. To the employers, they provide a steady labour force, which is essential for the productivity and prosperity of the establishment.

229

To the Government, they provide funds of considerable magnitude for utilization on various projects and programmes designed to promote economic and social development of the country and well being of its people. During the last 62 years, the organisation has registered tremendous growth and continues to expand further. The approach of the Government and Employees’ Provident Fund Organisation is to bring more and more industries within the preview of the Act and to cover additional number of establishments so that the benefits of social security are extended to a large number of workers. The West Bengal Region consists of two Regional Offices, one at Salt Lake, Kolkata, with five Sub-Regional Offices at Park Street, Howrah, Barrackpore, Durgapur & Port Blair (Andaman), with one service centre at Midanapur and another Regional office at Jalpaiguri with three Sub-Regional Offices at Jangipur, Siliguri & Darjeeling with one service centre at Gangtok (Sikkim) for smooth implementation of the Employees’ Provident Fund and Miscellaneous Provisions Act,1952 and three schemes viz. Employees’ Provident Fund Scheme, Employees’ Pension Scheme & Employees’ Deposit Linked Insurance Scheme, framed thereunder in the State of West Bengal, the Andaman & Nicobar Islands & Sikkim has been undertaken. GROWTH OF ORGANISATION

230

With the passage of 62 years of service, the Employees’ Provident Fund Organisation has grown manifold. Initially only six categories of industries viz. Cement, Iron & Steel, Cigarettes, Textiles, Electrical, Mechanical or General Engineering products and papers were covered. The share of contribution payable equally by the employer and employees was 6.25% at the initial stage of operation which has been enhanced to 8.33% (minimum) and 10% in some specified industries and following promulgation of an Ordinance by President of India the rate of

contribution has again been enhanced to 10% (minimum) for some specified industries and 12% for all other industries with effect from 22.09.1997. The coverage procedure has been liberalised with a view to bringing in more and more establishments within the preview of the Act and with effect from 22.09.1997 the provision of the Act has been made applicable to every establishment from the date of its set up. Similar amendments have been made in salary/ wage limit criteria. And with effect from 01.06.2001 the salary/wages limit has been raised to Rs. 6,500/- per month and further enhanced to ` 15,000/- w.e.f. 01.09.2014 OVERVIEW Employees’ Provident Fund Organisation is the largest social security organisation in India, established in 1952 to administer a provident fund for workers. It now administers three programs: Employees’ Provident Fund (EPF), the Employees Pension Scheme (EPS) and Employees’ Deposit Linked Insurance Fund (EDLI). The three Schemes apply to 187 different types of industries and classes of establishments employing 20 or more employees. The primary object of these schemes is to provide social security and to inculcate amongst the workers a spirit of savings while they are gainfully employed and to make provision for benefits after they retire from service and for their family members after death. The three schemes, taken together now cover a large area of social security system for the workers in covered industrial and other establishments employing 20 persons or more. The Organisation functions under the overall superintendence of the policies framed by the Central Board of Trustees, a tripartite body headed by Union Minister for Labour as Chairman. The Chief Executive Officer of the Organisation is the Central Provident Fund Commissioner is an Ex-officio Member of the Board and its Secretary.

Employees’ Provident Fund

The table below presents an overview of the three Schemes:Employees’ Provident Fund Scheme, 1952 Benefits :

Contributions : Employer

Employees’ Deposit Linked Insurance Scheme, 1976

Accumulations plus ™ Monthly benefits for early interest upon retirement, superannuation/retirement, resignation, death, partial disability survivor, widow/ withdrawals allowed for widower, children, orphan & specific expenses such as dependent parent house constructions, ™ Amount of pension based higher education, on avg. salary in final year marriage, illness etc. of employee and total years of employment ™ Minimum pension : disablement/children ™ Past service benefit to participants of Family Pension Scheme 1971.

Para 22(1) Provides lump -sum benefit upon death, equal to average balance in the EPF account during the 12th months preceding death, up to Rs.50,000/-plus 40% of the amount in excess of Rs. 50,000/- subject to a maximum of Rs.1,00,000/Para 22(2) Provides (i) the average monthly wages drawn during the 12 months preceding the month in which member died multiplied by 20 or (ii) the amount of benefit under subparagraph (1) whichever is higher.

3.67% (for 172 industries) 1.67% (for 5 industries)

8.33%

0.5%

None

None

1.16%



Employee

12% (for 172 industries) 10% (for 5 industries) Government None Administrative Charges : Unexempted (% of wages)

Employees’ Pension Scheme, 1995

1.10% upto 31.12.2014 & Till 05.01.2007 @ 16% paid out of 0.85% w.e.f. 01.01.2015 the EPS Fund and rest form EPF subject to minimum Administration Fund. With effect ` 75/- per month for every form 06.01.07 to be met fully non-functional estt. from EPF Admn. Fund. having non-contributory member and 500/- per

0.01% subject to minimum `25/- for every non-funactional estt. having no contributory member & ` 200/- per month per estt. for other estlablishment

month per estt. for other estt. Inspection Charges: 0.18% Exempted

N.A.

0.005%

231

I. Employees’ Provident Fund Scheme, 1952

232

APPLICATION OF THE ACT 1.1 The Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 extends to the whole of India except the State of Jammu and Kashmir. (The State Government of Jammu & Kashmir have instituted a separate Provident Fund Scheme with effect from 1st June, 1961). 1.2 The Act initially applied to factories/ establishments falling within 6 specified industries i.e. (1) Cement (2) Cigarettes (3) Electrical, Mechanical or General Engineering Products (4) Iron & Steel (5) Paper (6) Textiles (made wholly or in part of cotton or wool or jute or silk whether natural or artificial) which had completed 3 years of existence and employs 50 or more persons. Through an amendment, establishments employing 20 or more persons were also brought under the purview of the Act with effect from 31st December, 1960 subject to the condition that 3 years must have elapsed from the date of setting up of establishment employing 50 or more persons and 5 years in case of establishments employing 20 or more persons but less than 50 persons. 1.3 Through another amendment of the Act it has, w.e.f. 01.08.1988, been made applicable to all establishments employing 20 or more persons on expiry of period of 3 years from the date of set up. Further, infancy period of 3 years has been abolished w.e.f. 22.09.1997 by another amendment of the Act. 1.4 The Act has been made applicable to new specified industries/classes of establishments from time to time. 1.5 The Employees’ Provident Fund and Miscellaneous Act, 1952 as it stands is applicable to:

( i ) Every establishment which is engaged in any one or more of the industries specified in Schedule I of the Act or any activity notified by Central Government in the Official Gazette. (ii) Employing 20 or more persons. The Act does not apply to Cooperative Societies/Establishments, employing less than 50 persons and working without the aid of power. 1.6 Presently, 182 industries/classes of establishments are covered under the Employees’ Provident Funds and Miscellaneous Provisions Act. These include factories/establishments in Primary, Secondary, Trading, Commercial and Service Sectors of the economy. Another amendment in the EPF Act, 1952 for application of the Act to life insurance companies, airports, electronic media companies in private sector and lodging houses. The following class of establishments are also included under EPF & MP Act. 1952: z Companies offering life insurance, annuities etc. other than Life Insurance Corporation of India Private airports and joint venture airports; z Electronic media companies in private sector; z Lodging houses, service apartments and condominiums.

Rate of Contribution

1.7 As per amendments dated 22.09.1997 in the Act, both the employees and employers contribute to the fund at the rate of 12% of the basic wages, dearness allowance and retaining allowance, if any, payable to employees per month. The rate of contribution is 10% in case of the following establishments:(i) Any covered establishment with less than 20 employees,

Employees’ Provident Fund

(ii) Any sick industrial company as defined in clause (O) of Sub-section (1) of Section 3 of the Sick Industrial Companies (Special Provisions) Act, 1985 and which has been declared as such by the Board for Industrial and Financial Reconstructions, (iii) Any establishment which has at the end of any financial year accumulated losses equal to or exceeding its entire net worth, and (iv) Any establishment in the (a) Jute (b) Beedi (c) Brick (d) Coir Industries other Spinning Sector and (e) Gaur gum industries/factories.

Investment 1.8 The contributions received by the Employees’ Provident Fund Organisation in respect of un-exempted establishments as well as the Board of Trustees of exempted establishments are to be invested after making payments on account of advances and final withdrawal in accordance with the pattern laid down by the Government of India from time to time. Right from the time of inception, the RBI had been handling the work of investment of Employees’ Provident Fund monies. However, from 01.04.1995, this job has been handed over to the Securities Services Branch of State Bank of India, Mumbai. The State Bank of India is required to follow certain broad guidelines and maintain the pattern of investment notified by the Government of India. 2. Any money received on the maturity of earlier investment reduced by obligatory outgoing shall be invested in accordance with the investment pattern prescribed in this Notification. 3. In case of any instruments mentioned above being rated and their rating falling below investment grade and the same rating has been confirmed by two credit

4.

II)

rating agencies, then the option of exit can be exercised. The investment partern as envisaged in the above paragraphs may be achieved by the end of a financial year and shall come into force with immediate effect. E. D. L. I. Scheme-1976 Keeping in view the insertion of Para 72(7) of the EPF Scheme, 1952, a new Para 24(4) in E.D.L.I. Scheme, 1976 has been inserted with the same provision as to the period of settlement of claims and the penalty provided in the Para for nonsettlement of E.D.L.I. claim. a) Section 6c and Sub-Section (1) of Section 7 of EPF & MP Act,1952 has been amended with effect from 18/06/ 2010. The maximum benefit under E.D.L.I. Scheme 1976 has been changed at the amount of Rs. 1,00,000.00 as per Para 22(1). Further it is amended on 08.01.2011 and benefit extended as follows :Para 22(1) Provides lump-sum benefit upon death, equal to a average balance in the EPF account during the 12 months preceding death up to Rs. 50,000/- plus 40% of the amount in excess of Rs. 50,000/- subject to maximum of Rs. 1,00,000/-. Para 22(2) provides (i) the average monthly wages drawn during the 12 months preceding the months in which member died multiplied by 20 or (ii) the amount of benefit under subparagraph (1) whichever is higher. b) Notification S-65013/1/2001-SSII dated 30.05.2001 issued by Ministry of Labour, Govt. of India amending the proviso to Sub-Section (1) of Section 7 of E.D.L.I. Scheme, 1976 raising the wage ceiling for contribution to E.D.L.I fund from Rs. 5,000/- to Rs. 6,500/w.e.f. 01.06.2001 and further

233

enhanced to Rs.15,000/- w.e.f. 01.09.2014 as per notification dated 22.08.14, the EDLI benefit will be regulated as per the following manner:I. In all cases of EDLI claims were the date of death of the member occurs on or after 01.09.2014, the benefits shall be regulated on the basis of the enhanced wages seiling limit of Rs.15,000/- per

month or along with the admissible increase of 20% under newly introduced sub-paragraph (4) of paragraph 22. II. In those cases of EDLI claims were the date of death of member occurs prior 01.09.2014 the benefits will be regulated on the basis of the wages ceiling limit of Rs. 6,500/- per month.

Pattern of Investment The pattern of investment prescribed by the Government of India which was notified in July, 2003 which is still in force is indicated below: Investment Pattern

(i)

(ii)

(iii)

(iv) (v)

234

Percentageamount to be invested Central Government securities as defined in section 2 of the Public 25% Debt Act, 1944 (18 of 1944), and/or units of such Mutual Funds which have been set up as dedicated funds for investments in Government Securities and which have been approved by the Securities and Exchange Board of India. (a) Government Securities as defined in Sec. 2 of the Public Debt 15% Act, 1944 (18 of 1944), created and issued by any State Government; and/or units of such Mutual Funds which have been set up as dedicated Funds for investment in Government securities and which have been approved by the Securities and Exchange Board of India; and/or (b) Any other negotiable securities the principal whereof and interest whereon is fully and unconditionally guaranteed by the Central Government or any State Government except those covered under (iii)(a) below. (a) Bonds/Securities of ’Public Financial Institutions’ as specified 30% under Section 4(1) of the Companies Act, ”public sector companies as defined in Section 2(36-A) of the Income Tax Act, 1961 including public sector banks; and/or (b) Short duration (less than a year) Term Deposit Receipt (TDR) issued by public sector banks. To be invested in any of the above three categories as decided by the 30% trustees. The trusts, subject to their assessment of risk-return prospects, may invest upto 1/3rd of (iv) above, in private sector bonds/securities, which have an investment grade rating at least two credit rating categories.

Employees’ Provident Fund

Administrative Charges Payble by the Employers of Un-exempted Establisments Period

Rate

Reckoned on

01.11.1952 to 13.12.1962

3%

Total employers’ and employees’ contribution

01.01.1963 to 30.09.1964

3%

Total employers’ and employees’ contributions payable @ 6.25%

2.4%

Total employers’ and employees’ contributions payable @ 8%

01.10.1964 to 30.11.1978

0.37%

On total pay on which contributions are payable

01.12.1978 to 30.09.1986

0.37%

On total pay on which contributions are payable. Minimum Administrative charges payable per month per establishment is Rs. 5/-

01.10.1986 to 31.07.1998

0.65%

On total pay on which contributions are payable. Minimum Administrative charges payable per month per establishment is Rs. 5/-

01.08.1998 to 31.12.2014

1.10%

On total pay on which contributions are payable. Minimum Administrative charges payable per month per establishment is Rs. 5/-

01.01.2015 onward

0.85%

On total pay in which contribution are payable subject to minimum. Administrative charges payable per establishment is Rs. 75/- per month for every non-functional estt. having no contributory member & Rs. 500/- per month per estt. for other estt.

Inspection Charges Payable by the Employers of Exempted Establishment Period

Rate

Reckoned on

01.11.1952 to 31.12.1962

0.75%

On total employees' and employers’ contributions payable @ 6.25%

01.01.1963 to 30.09.1964

0.75%

On total employees' and employers’ contributions payable @ 6.25%

0.06%

On total employees' and employers’ contributions payable @ 8%

01.10.1964 to 31.07.1998

0.09%

On total pay on which contributions are payable

01.08.1998 onwards

0.18%

On total pay on which contributions are payable

235

Chronological Event in the Change of Wage Limit under Employees’ Provident Fund Scheme, 1952 [Para 2(f) for membership] PERIOD

WAGE LIMIT PER MONTH

01.11.1952 to 31.05.1957

Rs. 300/-

01.06.1957 to 30.12.1962

Rs. 500/-

31.12.1962 to 10.12.1976

Rs. 1,000/-

11.12.1976 to 31.08.1985

Rs. 1,600/-

01.09. 1985 to 31.10.1990

Rs. 2,500/-

01.11.1990 to 30.09.1994

Rs. 3,500/-

01.10.1994 to 31.05.2001

Rs. 5,000/-

01.06.2001 to 31.08.2014

Rs. 6,500/-

01.09.2014 onwards

Rs. 15,000/-

Qualifying period of service eligibility for enrolment to the membership of the fund (Para 26 of the EPF Scheme, 1952) From the inception of the EPF Scheme in 1952 till 2nd December, 1971

Completion of one year continuous service or has actually worked for not less than 240 days within a period of one year or less, whichever is earlier.

From 03.12.1971 to 09.08.1974 Completion of one year continuous service or has actually worked for not less than 240 days within a period of one year or less or has been declared permanent in any such factory or other establishment whichever is the earliest. From 10.08.1974 to 30.01.1981 Completion of six months continuous service or has actually worked for not less than 120 days within a period of six months or less or has been declared permanent in any such factory or other establishment, whichever is the earliest. From 31.01.1981 to 31.10.1990 Completion of three months continuous service or has actually worked for not less than 60 days within a period of three months or has been declared permanent in any such factory or other establishment, whichever is the earliest.

236

From 01.11.1990 onwards

From the date of joining the factory/establishment.

Employees’ Provident Fund

STATUTORY PUNISHMENT FOR OFFENCES COMMITTED UNDER THE EPF & MP ACT, 1952 – EPF/EPS/EDLI SCHEMES Section 14 of the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 provides for stringent punishment on the persons responsible for the offences committed under the Act/Schemes. The nature of offences and the punishment contemplated are hereunder: PENAL PROVISIONS Act-Sec Offender Offence Imprisionment Fine (1) (2) (3) (4) (5) Avoiding payment or of enabling any Extended to or Rs. 5000/other person to avoid payment under One Year 14(1) Whoever the Act/Schemes, knowingly makes Or with both or causes to be made any false statement of representation. Contravention or Default in payment Extended to 3 years of Contribution payble under Sec.6. (1) Not less than one year 14(1A) An Non-payment of Inspection Charges for non remittance of Rs. 10,000/Employer payable in A/c No. 2 & Non Payment Employees’ share of of Administrative Charges payable in contribution deducted; A/c No. 2 (2) Not less than 6 months Rs. 5,000/(in any other case) Contravention or Default in Payment Extended to one year but of EDLI Contribution payable in shall not be less than 14(1B) An A/c. No. 21, EDLI Admn. Charges 6 months (Proviso common And also fine Employer payable in A/C No. 22 and Inspection to Sec. 14(1A) and 14(1B) extended to Charges payable in A/c. No. 22 provides that the court may Rs. 5,000/or any adequate & special reasons to be recorded in the judgement impose a sentence of imprisonment for a lesser term) 14(2)

Any person

Contravention or Default in complying with any of the provisions of the three Schemes. 14(AA) Whoever Having been convicted by a court of an offence punishable under the Act/ Schemes, commits the same offence under the Act/Schemes. Convicted of an offence in default in the payment of EPF/EPS/EDLI, Contibutions or non-transfer of previ14C An ous P.F. Accumulations either on Employer account of coverage or an account of cancellation of exemption and ordered to pay the contributions or transfer the accummulations within stipulated period and failure to pay or transfer the amount as directed by the Court. 7Q An Non-payment of any amount due from Employer him under the Act within the date

May extend to one year or with fine which may extend to Rs. 4000/- or with both. Extended to 5 years but And fine of shall not be less than Rs. 25,000/2 years Imprisonment as provided under Sec14 of the Act, as relevant to the offence committed.

And also fine extended to one hundred rupees for every-day after expiry on which the court order has not been complied with.

Simple interest @ 12% p.a. to be paid from the due date to the date of Payment

237

EMPLOYEES’ PENSION SCHEME – 1995 III) Employees’ Pension Scheme 1995 With a view to keeping pace with introduction of Para 72(7) of E.P.F. Scheme 1952 and Para24(4) of E.D.L.I. Scheme 1976 the Employees Pension Scheme, 1995 has also been made attractive to the subscribers on the sometime. To maintain harmony among the three Schemes, Para 17A Employees Pension Scheme 1995 has been incorporated narrating the same guidelines provisions as mentioned in the amendments of EPF Scheme, 1952.

238

a) The discrimination in the settelment of Pension between the widow and widower has removed, widower also has now been put on par with widow, disentitling pension on remarriage. b) Likewise the disparity between male and female child towards entitlement of Pension has been removed. The girl child has been put at par with male child in the matter of pension entitlement until 25 years of age irrespective of whether married or not. c) Section 6A and 7(1) of the EPF & MP Act, 1952 has been amended vide notification No. S–65015/2/2001 – SSII dated 21.5.2001. By this amendement the salary/wage limit of subscriber for contribution of Employees Pension Fund has been raised to Rs. 6500/- per month w.e.f. 1.6.2001 and `15,000/w.e.f. 01.09.2014 d) Statutory annual evaluation of Employees Pension Fund has been provided in Para 32(1) of scheme by virtue of which the Central Government shall have an annual valuation of the employees’ Pension Fund made by valuer appointed by it. e) Relief on Pension : In exercise of powers vested in Central Government

under Para 32(2) of the Employees Pension Scheme, 1995 the Central Government has allowed 4% relief to pensioners. The relief is made effective from 15.11.1996 i.e. after one year from the date of introduction of Employees’ Pension Scheme, 1995. 5.50% w.e.f. 1.4.1998, 4% w.e.f 01.04.1999 and 4% w.e.f. 01.04.2000 relief have allowed to all pensioners. (g) The appropriate Government may grant exemption to any establishment or class of establishments from the operation of this Scheme. If the employees of the establishments are either members of any other pension scheme or purpose to be members of a pension scheme wherein the Pensionary benefits are at par or more favourable than the benefits provided under this Scheme, where exemption is granted to any establishment or class of establishment under this paragraph, withdrawal benefits avaiable to the credit of the employees of such establishment under the ceased family Pension Scheme, 1971 shall be paid, subject to the consent of employees to the pension fund of the establishments so exempted. An application for exemption under this paragraph shall be presented to Regional Provident Fund Commissioner having jurisdiction by the establishment or class of establishments together with a copy of pension scheme of the establishment(s) and other relevant documents as may be called for by him. On receipt of such an application, the Regional Provident Fund Commissioner shall scruitinise it, obtain the recommendations of the Central Provident Fund Commissioner and submit the same to the appropriate

Employees’ Provident Fund

government decision. Pending disposal of application for exemption under this paragraph, employers share of contribution shall not be remitted to the Pension Fund as envisaged in subparagraph (1) of paragraph 3. An application for examption presented under this paragraph shall be disposed of within a period of six months from the date of its receipt or such further time as may be extended for reasons to be recorded in writing. If the application for exemption is not disposed of within the period so specified, the exemption applied of shall be deemed to have been granted. Explanation: For the purpose of this paragraph, the period of six months will count from the date on which the application for exemption is given in complete form to the satisfaction of the Regional Provident Fund Commissioner.

Scheme & Coverage III.1 Employees’ Pension Scheme, 1995 has been introduced w.e.f. 16.11.1995. With the introduction of the Pension Scheme, the erstwhile Family Pension Scheme, 1971 has ceased to operate. However, the pensioners who were drawing under the erstwhile Family Pension Scheme, 1971 will continue to draw Pension under the Employees’ Pension Scheme, 1995. III.2 All Provident Fund members including those employed in exempted establishments contributing to the Family Pension Scheme, 1971 and new entrants to Employees’ Provident Fund Scheme, 1952 shall compulsorily become members of the Employees' Pension Scheme, 1995. E.P.F. members who were not members of Family Pension Scheme, 1971 has the option to join the New Pension Scheme, 1995.

Pension Fund III.3 No additional contribution is payable either by the employer or the employees for the Pension Fund. The Scheme is to be financed by diversion of 8.33% of the P.F. contribution from employers’ share of contribution and the Central Govt. will [email protected] 1.16% as Govt. contribution. From 16.11.1995, the employers’ share of P.F. contribution representing 8.33% of the wage is being diverted to the Pension Fund. All accumulations in the ceased family Pension Fund of EFPS’71 constitute the corpus of the Pension Fund under EPS 1995.

Eligibility III.4 A member shall be entitled to:(a) Superannuation Pension if he has rendered eligible service of 20 years or more and retires or otherwise ceases to be in the employment on attaining the age of 58 years. (b) Retirement Pension if he has rendered eligible service of 20 years or more and retires or otherwise ceases to be in the employment before attaining the age of 58 years. (c) Short Service Pension, if he has rendered eligible service of 10 or more but less than 20 years. The date of implementation of the amendments would be based on the date of commencement of Pension. To be clearer, all monthly member pension cases where the date of commencement of pension is on or after 26.09.2008, would not be eligible for opting for Commutation and ROC and reduction factor @ 4%

239

phase, Sub-Regional Office, Howrah & Barrackpore in third phase and sub-Regional Office, Port Blair in fourth phase. Beginning from April, 2010 and final implementation in Sub-Regional Office, Port Blair in September, 2011.

will be applicable for opting pension by the member between the age group of 50 to 57 years.

Arrangements for Disbursement of Pension III.5 For ensuring disbursement of Pension every month, arrangements have been made through nationalized banks [UBI, PNB, ICICI, AXIS BANK, HDFC for Kolkata region and UCO BANK, UBI, CENTRAL BANK OF INDIA, SBI, UTTAR BNGA KHETRIYA GRAMIN BANK, PNB, HDFC, AXIC BANK, ICICI, for jalpaiguri region] to remit the pension by providing credit to Pensioner Pension Payment Account every month in the first working day. Payments are made through CBS a/c of pensioners in respect of all the designated banks. As per provision life certificate in repect of the pensioners needs to be submited to the bank in the month of November every year. In case of nonsubmision of life certificate with in the scheduled time frem, pension will be stop by the system w.e.f. January of the very next year. However immediately after submision of Life Certificate by the pensioners, pension get started immediately from next month along with the arrears.

Project and computerisation The following Softwares implementation at present :

Ï

240

are

Ï The new Software is an interactive LAN Based System working on Oracle Platform.

Ï The new software envisages module based and role based activities at various level which can be broadly classified as follows : I. Data Migration Module for validation and fetching of the Legacy Data from the Old Unix System into the Oracle System. II. Establishment Module for creation of Establishment Master. III. Transaction Module for Settelment of Claim and Updation of Annual Accounts. IV. Pension Module for all Pension Activities. V. Reports Module for generation of Monitoring and MIS Reports.

Ï The new Application Software has moved

Ï

under

Further to the all India process of conversion of the computerized work area from Unix Platform to Oracle Platform the computerization project was implemented in Four Phases, i,e. subRegional Office, Park Street in the first phase, Regional Office, Kolkata & SubRegional Office, Durgapur in second

Ï

Ï

from the centralized EDP environment to a largely Role based and Activity based de-centralised environment. At present Major Service Area Activities like Settelment of Claims and processing the Annual Accounts is possible in new application Software along with Cash and Pension related functions. With a view to providing better services to the Subscribers the implementation of settelement of claims through NEFT/CBS has also been done, that greatly reducing the time lag of claim settelement. With a view to providing updated information at various lavel and areas of interest to Subscriber interactive data is

Employees’ Provident Fund

also available through the new Application Software. EPFO website also caters to multifarious needs of the subscribers like tracking claim status, knowing member balance, knowing details of the Employer. Also the latest development and changes in the organisation are also reflected in the website. Member portal : Members can register online to view EPF Account passbook. The facility at present is only for the members for whom the employer has uploaded the Electronic Challans cum Returns for the wage month of May 2012 onwards. There is no need to create and remember any user id and password. One have to use his mobile no. and any of the identity proof with number such as PAN CARD, AADHAR, NPR(National Population Register), Bank Account, Voter ID, Passport or Driving License to register and thereafter to login. A registered member can view only one account details under one establishment. In case one has nos. of account, he is advised to apply for transfer through the Form 13. Facility to display the accounts of inoperative accounts will be provided later through a request mode. The facility is not for the current members of establishments having exemption under the EPF Scheme, 1962. Know your Claim Status : One can click to epfindia.gov.in, to find the status of his claim submitted in any of the Employees’ Provident Fund Organisation office. Select the Employees’ Provident Fund Organisation office where your account is maintained and furnish your PF Account number. Leave the extension field blank, in case the account does not have one. Employer e-sewa: E.P.F.O. launches online receipt of Electronic Challan cum Return(ECR) from the month of April 2012 (March paid in April). Employers are requested to Register

their establishments and create their user id and password through this portal. The registered employers can upload the Electronic Return and the uploaded return data will be displayed through a digitally signed copy in PDF format. It will be available for printing also. Once approved by the employer online Challan will be prepared based on uploaded return. The employer may choose to make the payment through internet banking of SBI or take a printout of the Challan and pay at any designated branch of State Bank of India. Benefits:

Ï No paper return to be prepared and submitted to E.P.F.O.

Ï No need to submit other returns viz. Form 5/10/12A,3A and 6A.

Ï Employers will get the confirmation of payment through SMS instantly.

Ï The contribution will be credited to the members’ account on monthly basis.

Ï Employers can view the annual accounts slip for accounting year 2011-12 inline.

Ï For earlier years employers can request for the annual slips through this portal.

Ï Employer registration starts from 20.03.2012

Ï Universal Account Number is allowted to the members on the basis of ECR. Member attaining 58 years these who are excluded from EPS’ 95 there names do not appear in ECR and not accountable to UAN in the normal process. The Er. would upload a text file which contains the deatials of estt. members ID through a facility available on OTCP Er. Portal. The system will process the respons text file & generate a PDF file contaning member ID, member’s name UAN for dissemination to members through Ers. which facilities members Pass Book, SMS of monthly

241

contribution UAN card, short code SMS service (With an option to receive SMS in 10 different Indian language filling of online Transfer claims, Inoperative help desk, knowing of claim status etc.

Incentives to the Employer in the Private Sector for Providing Regular Employment to the Persons with Disabilities As a sequel to the proposal put forth by the Union Finance Minister in his Budget Speech (2007-08) before the Parliament regarding the Incentive Scheme, the Government of India, vide Notification Nos. GSR 252(C) to GSR 253(E) has amended the Employees‘ Pension Scheme, 1995 and the Employees’ Provident Fund Scheme, 1952 respectively. In consonance with the aforesaid notification, the Central Government will make payment in respect of the Employer’s Share of the EPF, 1952 and EPS, 1995 contribution of physically challenged employees who have been enrolled in the Private Sector Establishments, for the first 3 years of his/her service. (The administrative charges of 1.1% of the wages under E.P.F. will, however, have to be paid by the employer). The aforesaid Incentive Scheme is available in respect of the employees satisfying the following eligibility conditions: z

z z

z

242

Appointed on or after 01.04.2008 in a private sector establishment. On a monthly wage up to Rs. 25,000/-. Having a Disability Certificate issued by the Competent Medical Board under the persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Disability under the above Act includes: (i) Blindness (ii) Low Vision, (iii) Leprosycured, (iv) Hearing impairment,

(v) Locomotor Disability, (vi) Mental Retardation & (vii) Mental Illness. The Act defines a ’Person with disability’ as one ‘suffering from not less than 40% of any disability as cetified by a Medical Authority. Special Provision in respect of International Workers and International Secuirity Agreements. Due to the global demographic pressure coupled with the impact of globalisation and free market economy, India has been witnessing a huge movement of labour, in and out of India. This migration may be of short to medium term duration with generally migrants returning to their home country after completing the employment period. Since this labour mobility is on its way in many categories of establishments where EPF & MP Act, 1952 applies, it is a cause of concern to: z z

z

z

Avoid double coverage/non-coverage. Provide for totalisation of social security rights earned during the employment in the host country and Ensure portability of Social Securities and migrating workers on a reciprocal basis. The initiatives made in this regard by the Govt. of India have led to negotiating social security agreements (SSA) on bilateral basis.

Notification Regarding inoperative Account As per notification dated 15.01.2011 wherever the member is a non-contributory member to his/her account in a continuous period of 3 Years (36 months), the account is becoming inoperative and the member is not entitled to get interest on the accumulation kept idle in the PF Account after 36 months. This will be enacted with effect from 1st April 2011.

Employees’ Provident Fund

Performance at a Glance in Respect of Kolkata Region As on March, 2015 (2014-2015) SERVICE TO THE SUBSCRIBERS (A) ANNUAL STATEMENTS OF ACCOUNTS ISSUED/UPDATED KOLKATA REGION

JALPAIGURI REGION

TOTAL

4861803

1888281

6695478

YEAR

TOTAL SETTLEMENT OF CLAIMS IN ALL PARAMETERS

TOTAL PENDENCY POSITION IN ALL PARAMETERS

KOLKATA

372070

102

JALPAIGURI

251082

174

TOTAL

623152

276

(B) SETTLEMENT OF CLAIMS

Enforcement and Recovery (A) COVERAGE OF ESTABLISHMENT & SUBSCRIBERS/DURING THE YEAR KOLKATA

JALPAIGURI

TOTAL

2144

395

2539

572539

153305

725844

ESTABLISHMENT (Un-Exempted) SUBSCRIBERS (Un-Exempted) (B) CURRENT DEMAND RAISED

(Amount in Lakhs)

Kolkata

Jalpaiguri

Total

19433.47

9737.26

29170.73

(C) CURRENT DEMAND COLLECTED

(Amount in Lakhs)

Kolkata

Jalpaiguri

Total

9233.95

4309.25

13543.20

(D) ARREAR DEMAND COLLECTED

(Amount in Lakhs)

Kolkata

Jalpaiguri

Total

1242.72

2216.63

3459.35

243

(E)BALANCE DUE FOR COLLECTION (Arrear & Current Demand)

(Amount in Lakhs)

Kolkata

Jalpaiguri

Total

35467.82

12991.44

48459.26

(F)I.P.C. UNDER SECTION 406/409 Kolkata

Jalpaiguri

Total

44

18

62

FILED

(G)PROSECUTION CASES FILED U/s 14 Region

Kolkata

Jalpaiguri

Total

No of Cases Filed

27

3

30

ESTABLISHMENTS COVERED Continued efforts were made by the organisation to bring all coverable establishments within the purview of the Act and also to ensure that the benefits available under the Act and Scheme are extended to all eligible members. 1,999 new establishments were covered during the year.

Table 1 No. of Establishments Covered as on the last date of the year in respect of Kolkata Region COVERAGE UNDER

Kolkata Region

Jalpaiguri Region

Total

38730

8910

47640

458

16

474

39188

8926

48114

THE ACT a) No. of Unexempted establishments b) No. of Exempted establishments TOTAL

Table 2 No. of subscribers as on the last date of the year in respect of kolkata Region (In lakh)

244

Number of Subscriber (in lakhs) (a) Un-exempted (b) Exempted TOTAL

Kolkata Region

Jalpaiguri Region

Total

46.33 9.15 55.48

17.24 0.06 17.30

63.57 9.21 72.78

Employees’ Provident Fund

Service to Subscribers (F/19) Under report 166275 claims were settled for payment as on March, 2015 by Kolkata Region and 120690 claims were settled for payment as on March, 2015 by the Jalpaiguri Region. Partial Withdrawal Cases (F/31) During the course of the year 16228 & 9457 members as on March, 2015 availed withdrawals for the purpose of illness, invalidations and to provide funds to enable them to discharge their social responsibilities, like marriage of own sister/brother/daughter/ son or higher education of children or house building from Kolkata Region and Jalpaiguri Region respectively. Withdrwal Benefits of Pension (F/10B & F/10C) A Member is entitled for withdrawal benefits under Employees’ Pension Scheme, 1995 only where the minimum pensionable service of ten years has not been rendered on attaining the age of 58 years. Details of benefits sanctioned under the Employees’ Pension Scheme, 1995 year-wise for the past three years are as under:-

Table 4 Service to Kolkata Subscribers Withdrawal 140103 Benefits Claims Settled

Jalpaiguri 101963

Total 242066

Monthly Members Pension A member retiring at the age of superannuation i.e. 58 years on rendering eligible minimum service of 10 years shall be entitled for retirement pension. The pension entitlement shall be worked out on the following formula: Members’ monthly pension = Pensionable Salary x Pensionable Service 70

Disablement pension on permanent disablement of the member subject to qualifying period is minimum one-month’s membership. Widow Pension Widow/widower of the member shall be entitled for pension from the following day of death of the member whether the death has occurred while in service or after exit from the employment or after retirement/ commencement of pension. The pension of widow/widower will be in prescribed rate subject to a minimum of four hundred and fifty rupees per month. Pension under this category shall be payable for life time of widow/ widower or remarriage of widow/widower, whichever is earlier. Children Pension Two children of the deceased member shall be entitled to children pension upto the age of twenty five years in addition to pension to widow. The amount of pension for each child shall be equal to twenty five percent of the amount admissible to the widow subject to a minimum of Rs. one hundred and fifty per month. Orphan Pension Orphan children shall be entitled to monthly pension equal to seventy five percent of the amount of widow pension subject to a minimum of three hundred and thirty eight rupees per month per child, where the members is survived by children only pension under this category shall be payable to a maximum of two orphan children up to the age of 25 years. NOMINEE PENSION Member can nominate a person to receive benefits under the Employees’ Pension Scheme, 1995 where a member is unmarried or does not have any family. Such nominee shall be paid pension equal to widow pension in case of death of member.

245

Table 6

Table 5 Service Kolkata Jalpaiguri Total to the Subscribers Nos. of Pension 32736 12587 45323 (F/10A, 10D) Claims Settled. Employees’ Deposit Linked Insurance Scheme, 1976 Benefits under Employees’ Deposit Linked Insurance Scheme, 1976 are payable to the person who is entitled to receive the Provident Fund of deceased member. On the death of the member of the Employees’ Provident Fund, the claimant is paid an amount under Para 22(1) of the EDLI Scheme, which provides a lump-sum benefit upon death, equal to the average balance in the EPF account during the 12 months preceding death up to Rs. 50,000/- plus 40% of the amount in excess of Rs. 50,000/- subject to maximum of Rs. 1,00,000/-. Para 22(2) of the said scheme provides (i) the average monthly wages drawn during the 12 months preceding the month in which member died multiplied by 20 or (ii) the amount of benefit under subparagraph (1) whichever is higher. As per notification dated 22.08.14, the EDLI benefit will be regulated as per the following manner :III. In all cases of EDLI claims where the date of death of the member occurs on or after 01.09.2014, the benefits shall be regulated on the basis of the enhanced wage ceiling limit. Rs 15,000/- per month alongwith the admissible increase of 20% under newly introduced Sub-paragraph (4) of paragraph22.

246

IV. In those cases of EDLI claims where the date of death of member occurs prior to 01.09.2014 the benefit will be regulated on the basis of the wage ceiling limit of Rs 6,500/per month.

Service to the Subscribers Nos. of EDLI Claims Settled.

Kolkata Jalpaiguri Total 2114

1210

3324

Default Management The high incidence of default continues to the cause for concern. The sickness in industries like Textile, Jute and General Engineering has a trailing effect on Provident Fund. Supporting and follow up action are being taken. (a) Enquiry under section 7A has been initiated for quick determination of dues. (b) Recovery machinery has been strengthened for quick realisation of arrears dues as well as current dues. (c) Realization through Bank attachment. (d) Interaction with police authorities for quick action on cases launched under section 406/409 IPC. (e) Setting up Employees’ Provident Fund Tribunal. Redressal of Public Grievances The Organisation in tune with its objectives lays considerable importance to the redressal of Grievances of the Members of the Fund. The following mechanisms are used for Public Grievance Redressal:I. Customer Services division at Head Quarters and Field Offices. II. Bhavishyanidhi Adalats at Field Offices on 10th every month. III. Online grievance registration and redressal through web based portal, i.e. CPGRAMS & EPFiGMS. IV. Interactive Customer Services in Field Offices.

Employees’ Provident Fund

LIST OF ESTABLISHM ENTS INDEFAULT OF 10 LAKH AND ABOVE AS ON 31.03.2015 SI. No.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39

Industry Code WB/34392 WB/22576 WB/44728 WB/11111 WB/46192 WB/22793 WB/33831 WB/18881 WB/593 WB/14360 WB/39912 WB/24717 WB/14873 WB/34391 WB/5917 WB/24485 WB/24035 WB/7767 WB/2095 WB/11886 WB/289 WB/14508 WB/9608 WB/29130 WB/34797 WB/33793 WB/33222 WB/39699 WB/44950 WB/14665 WB/16564 WB/12781 WB/44853 WB/33271 WB/18974 WB/15348 WB/15852 WB/7889 WB/44121

Name of the Establishment

M/s. Anandalok Hospital M/s. Klar Sehan (P) Ltd. M/s. Eagal’s Eye Security Agency M/s. Angus & Co. Ltd. M/S.lnsmat Agency Pvt Ltd. M/s. Andrew Yule & Co. Ltd. M/s Bengal Service Society School M/s. K.C. Paul & Sons M/s Small Tools M/s. Rolls Print (Packaging) M/s. Joshi Transport Corpn. M/s. Vigilance Bureau of India M/s. Universal Heavy Mechanical M/s. Jems Alexander M/s. Indo Japanese M/s. NTC M/s. A.O.P.(l) Ltd. M/s.Tecolimit (l) Ltd. M/s. Electricals Industries Corpn. M/s. Sovera & Co. M/s. Calcutta Fan M/s. BMG Pharmaceuticals M/s. Simon Carves M/s. Leo Consultant M/s. P.R. Catering M/s. Duracon Engineers M/s. DMP Nirman M/s. Modern Transport M/s. Ex-serviceman Resettlement Socity M/s. National Textile Corporation M/s. Usha Atlas Hydraulic Equip. Ltd. M/s State Fisheries DVL Corporation M/s Sujata Electric Pvt. Ltd. M/s Satyajug Coop. Ltd. M/s Ajkal Publishers M/s Darjeeling cons.tea Economic Homoeo Pharmacy M/S Andrew yule & co. RBM Tantia Joint Venture

Total Default ( Amount in Lakh) 17.95 11.92 19.73 25.42 39.40 24.31 21.44 17.75 30.60 12.37 11.33 10.46 88.23 11.00 19.90 26.12 10.56 35.92 13.86 10.21 32.76 12.41 355.36 25.48 91.98 10.68 92.91 20.54 235.88 79.74 59.06 192.84 29.22 15.87 16.84 10.78 11.69 12.03 15.41

247

248

SI. No.

Industry Code No.

40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80

WB/26442 WB/24650 WB/298 WB/25768 WB/48365 WB/48365 WB/60678 WB/55524 WB/26688 WB/48812 WB/48797 WB/40831 WB/54785 WB/10022 WB/44506 WB/44320 WB/26773 WB/24128 WB/33159 WB/4466 WB/1845 WB/29716 WB/40400 WB/593 WB/48582 WB/48674 WB/14855 WB/49849 WB/33674 WB/15282 WB/3779 WB/33426 WB/28546 WB/16165 WB/16364 WB/16364 WB/53034 WB/6909 WB/12133 WB/42152 WB/246

Name of the Establishment

Total Default (Amount in lakh)

The Bharat Transport Orgnisation Duckbill Drugs Bicco Lawric Ltd Autarctea Keeppel Magus Development Keeppel Magus Development W.B. University of Technology CIS Bureans Facility services Bengal Protective Guarbls Camellia Educare Trust R.N. Tagore International Institute of Cardiac Science Five Star Lagistico Bueyrus India Wackar metroark Chemical Satyam Creation Panchag Services Surface Transport Hindustan Art Indira Memorial Visual Service Universal Drug Panther Securities M Mazumder The Small tools Bhart Sanchor Bidhan Chandra T & I Pvt. Ltd. SKGPaper Pulp & Paper Mills Subabata Bose The W.B. co-oper. splaning Mills M/s Ashoke Cleema M/s. Carbon Composites M/s. Star Security & Detective Agency M/s. Favourite Small Investment Ltd. M/s. Arambagh Hatcherries Pvt. Ltd. M/s. Arambagh Hatcherries Pvt. Ltd M/s. Pathnfinder Educational centre M/s. Capri Home product M/s Krebs Manufacturing Ltd. M/s S.S.T. Media Pvt. Ltd. M/s BESCO

10.35 26.23 43.51 10.58 56.61 56.61 33.63 14.14 26.05 20.92 33.90 21.78 14.91 66.83 37.22 11.36 52.48 12.75 18.39 27.71 22.77 56.35 10.51 129.32 199.99 21.54 45.76 25.54 89.83 25.74 30.52 38.25 91.43 792.32 439.64 38.81 23.57 38.29 13.74 13.89 185.41

Employees’ Provident Fund

SI. No.

Industry Code No.

81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121

WB/53286 WB/42348 WB/7739 WB/40452 WB/53395 WB/34843 WB/53744 WB/12133 WB/42348 WB/53034 WB/16364 WB/29503 WB/29336 WB/26907 WB/42418 WB/25147 WB/28736 WB/34627 WB/5447 WB/41053 WB/28545 WB/34698 WB/9167 WB/27742 WB/34843 WB/112 WB/113 WB/153 WB/163 WB/350 WB/396 WB/542 WB/642 WB/1880 WB/1916 WB/7239 WB/8021 WB/9610 WB/10129 WB/12201 WB/12317

Name of the Establishment M/s Sangha Goods Career Polar Industries M/s Chandra & Co. (Engg.) M/s Mediclue Research and M/s Priya Entertainment M/s Germicidde House M/s Nortech Property M/s Kerbs Manufact M/s Polar M/s Pathfindere M/s Arambagh M/s Brainware M/s Pratik M/s Ramesh M/s Initial M/s International M/s Qntrack M/s Vogue M/s Khemka M/s Indian M/s Star Security M/s Shaman M/s Nizam M/s Creative M/s Germicidde House M/s Bengal Laxmi Cotton Mills M/s Rampooria Cotton Mills M/s Shalimar Rope Works Ltd M/s NISCO M/s Bengal Fine Spng M/s Laxmi Narayan Cotton Mill M/s Central Cotton Mill M/s Kusum Products Ltd. M/s G.I.S. Cotton Ltd. M/s Bengal Fine Spinning & Weaving Mill M/s Sarai Kella Glass Works Ltd. M/s Shree Govinddeo Glass Works M/s Indian Cardboard Ind. M/s R.B. Ltd M/s Indo Japan Steels Ltd. M/s Eastend Paper (P) Ltd.

Total Default (Amount in lakh) 19.08 22.81 73.97 15.69 12.22 17.30 28.26 11.87 21.36 19.39 442.68 167.57 41.50 31.21 10.61 49.55 67.26 11.43 10.30 13.10 26.72 18.30 69.37 10.11 16.22 228.57 407.18 9.38 57.32 198.58 19.27 456.37 11.42 38.93 80.23 7.01 14.95 36.06 14.36 169.85 103.72

249

SI. No.

250

122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162

Industry Code No. WB/12818 WB/15512 WB/23621 WB/27308 WB/27506 WB/14043 WB/2679 WB/36750 WB/9517 WB/8223 WB/14596 WB/24095 WB/28155 WB/494 WB/2802 WB/90A WB/27994 WB/18910 WB/26 WB/9744 WB/9283 WB/11643 WB/24867 WB/101 WB/460 WB/9492 WB/9813 WB/19013 WB/26867 WB/361 WB/104 WB/15966-A WB/12794 WB/11692 WB/2128 WB/19097 WB/7 & 25 WB/111 WB/36&47 WB/24626 WB/2,27 & 40

Name of the Establishment M/s Sankar Rubber Industries M/s Engser India Pvt. Ltd. M/s (STAY) Crystal Cable Ind. M/s Sun Chrone Pvt. Ltd M/s Uttarpara Children Home M/s Super forging & Steel M/s RSI Ltd. M/s B.D. Casting M/s Ralia Ram Agarwal M/s Sree Engg. Products Ltd. M/s Gopal Bleaching Industries M/s Diamond Cotton Industries M/s Sree Durga Processing M/s East India Metal M/s Coventer Spring M/s Tirupati Jute M/s Arambagh Paper M/s A.B Pneumatics M/s The Empire Jute Co. M/s Wool Combers of India Ltd. M/s Small Tools Mfg. Co. Ltd. M/s Welgh Bird India Ltd. M/s Himalaya Rubber Pvt. Ltd. M/s Mahalaxmi Cotton Mills M/s Kusum Engg. Co. Ltd. M/s B.S. Engg. Corpn M/s A.V.J. Wires Ltd. M/s Somani Ferro Alloys Ltd. M/s Somani Ferro Alloys Ltd. M/s Bengal Enamel M/s Bangashree Cotton M/s P.E.C. Boiler Ltd. M/s Easter Spinning Mills M/s Tyre Corpn. India Ltd. M/s Andrew Yule & Co. Ltd. M/s Webfil Ltd. M/s Gouripore Co. Ltd. M/s Arnapurna Cotton Mills Ltd. M/s Nuddea Mill Co. Ltd. M/s Jai Jute & Industry Ltd. M/s Baranagar Jute (PLC)

Total Default (Amount in lakh) 28.52 13.83 34.16 10.70 27.99 15.92 37.12 10.22 11.72 27.19 17.37 13.24 12.68 29.52 20.77 56.31 31.96 12.30 268.21 78.73 58.95 51.95 47.15 49.66 20.56 6.00 12.47 10.56 10.00 93.08 21.61 23.44 24.01 146.34 16.04 19.79 548.26 15.33 3291.96 24.92 648.35

Employees’ Provident Fund

SI. No. 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203

Industry Code No. WB/9991 WB/933B WB/12093 WB/28648 WB/28687 WB/25330 WB/37230 WB/42924 WB/1651 WB/37269 WB/12514 WB/1266 WB/28 WB/49,51,5529 WB/29018 WB/707 WB/1 & 24 WB/8 WB/4 WB/9608 WB/439 WB/268 & 369 WB/15475 WB/19148 WB/3574 WB/26974 WB/5027 WB/1267 WB/16448 WB/716 WB/1619 WB/5260 WB/9516 WB/77 WB/89 WB/375 WB/1959 WB/78 & 10839 WB/79 88 WB/69

Name of the Establishment

Total Default (Amount in lakh)

M/s Asw Steel M/s Sahadeo Singh & Sons M/s Inds & Forgings (P) Ltd. M/s. Assembly of God Church School M/s Sonali Ceramics Pvt. Ltd. M/s Bankura Biri Shilpi co-op. Society Ltd. M/s BSC-RBM Pati (JV) M/s S.B. Pigment (P) Ltd. M/s HCL Burdwan Homeopathic Medical College & Hospital M/s The CCS Ltd. M/s. The Statesman Ltd. M/s Caledonian Jute & Industries Ltd. M/s. New Central Jute Mills Co. Ltd. M/s CFL Capital Finance Services Ltd. M/s Bata India Ltd Budge Budge Company Ltd. Njmc (Unit : Union) M/s Hooghly Mills Co. Ltd. Simon Carves (I) Beni Ltd. Brathwaite & Co. M/s Scotish Church M/s West Bengal Housing Board M/s I.B.P. Co. M/s West Bengal Power Development Corpn. Ltd. M/s Shaw Wallace & Co. M/s Amrita Bazar Patrika Ltd M/s Goodrike Group Ltd. M/s Dunlop (I) Ltd. Asiatic Oxygen & Acetylene Co. Ltd. M/s Kusum Products Ltd. (exempt). M/s India Jute & Inds. Ltd. (Exempted). Vijay Shree Ltd. (Fort William Jute Auckland International Ltd. (Ambika Jute Mills) M/s. Hooghly Mills (Unit. Gondal Para) M/s. Fort Gloster Industries M/s N.J.M.C. M/s. Delta International Ltd. Tepcon International M/s. Hastings Jute Mill

23.94 18.60 10.36 13.11 10.35 17.35 49.69 52.08 1844.97 11.54 12.58 22.36 153.84 1618.10 62.12 568.34 91.68 63.15 112.55 21.74 22.29 85.89 45.00 68.25 24.69 69.83 66.28 927.41 51.52 202.04 18.81 13.52 45.86 30.44 148.08 122.40 23.94 75.39 245.27 35.59 14.89

251

SI. No.

252

204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246

Industry Code No. WB/63 WB/64 WB/62 & 71 WB/97 WB/72 WB/76,85 & 86 WB/81 WB/22 WB/76, 85 & 86 WB/15 WB/17 WB/48 & 55 WB/11 & 43 WB/46 WB/663 WB/30 WB/35 WB/338 WB/37 WB/354 WB/23 WB/664 WB/38 & 9952 WB/24501 WB/651 WB/657 WB/665 WB/670 WB/676 WB/799 WB/816 WB/819 WB/824 WB/836 WB/843 WB/853 WB/858 WB/859 WB/889 WB/910 WB/949 WB/911 WB/913

Name of the Establishment Angus Jute Works The Shyamnagar Jute Factory Victoria Jute Co. Ltd. Kanoria Jute Industries North Brooke Jute Co. Ltd. Howrah Mills Co. Ltd. M/s Bally Jute Mills M/s Hooghly Dock & Port M/s Howrah Mills Kankinara Co. Ltd. M/s Kamarhatty Co. Ltd. M/s NJMC Ltd., Unit Kennision M/s NJMC Ltd., Unit Khardah M/s NJMC Ltd., Unit Alexandra Saraswati Press Ltd. Hooghly Mills Co Ltd. (Unit : Wevarly) Meghna Jute Mills (Unit : Gajanand Commercials) Titagarh Iute Mill No. 2 (Loomtex) M/s Agarpara Jute Mill Ltd. M/s Premimum Agro Exports Ltd. M/s Kelvin Jute Industries Ltd. Bengal Water Proof Shree gouri shankar jute mill M/s Oxide India Pvt. Ltd. New Dooars T.E. Banarhat T.E. Kumlai T.E. Raimatang T.E. Chunabhatti T.E. Bundapani T.E. Bharnobari T.E. Dheklapara T.E. Totapara T.E. Nagaisuri T.E. Birpara T.E. Dumchipara T.E. M/s Garganda T.E. Manabarie T.E. Madhu T.E. Red Bank T.E. Satali T.E. Dalmore Tea Estate M/s Dalsingpara T.E.

Total Default (Amount in lakh) 552.28 818.15 1093.56 1097.78 125.44 47.62 40.33 35.87 711.31 93.30 166.23 424.65 299.40 38.22 22.87 197.51 297.35 946.51 77.86 5.48 233.10 125.13 9.46 29.98 139.49 95.89 351.40 54.67 81.06 291.26 81.59 72.94 415.36 121.09 209.79 217.31 150.98 23.14 462.26 63.93 53.27 15.50 22.72

Employees’ Provident Fund

SI. No.

Industry Code No.

247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288

WB/916 WB/946 WB/952 WB/981 WB/982 WB/999 WB/1009 WB/1011 WB/1082 WB/1083 WB/1092 WB/1401 WB/1427 WB/1465 WB/1492 WB/1595 WB/8256 WB/13625 WB/16503 WB/851 WB/788 WB/683 WB/3385 WB/970 WB/32137 WB/52085 WB/32184 WB/32917 WB/1509 WB/32185 WB/649 WB/1541 WB/869 WB/1589 WB/32363 WB/1402 WB/1085 WB/11738 WB/885 WB/936 WB/1037 WB/1576

Name of the Establishment Radharani T.E. Kadambani T.E. M/s Raipur T.E. M/s Lankapara T.E. M/s Kilkot T.E. M/s Bagrakot T.E. Naya Sylee T.E. Kohinoor T.E. Jogesh Ch. T.E. (Exem.) Subhasani T.E. (Exem.) Grassmore T.E. Beech T.E. Debpara T.E. Karbala T.E. Mugalkata T.E. Hantapara T.E. Surendra Nagar T.E. Dharanipur T.E. Tulsipara T.E. Tasati T.E. Telepara Chinchula T.E. Sonali T.E. Shikarpur T.E. Jindal Tea Plnt P. Ltd. Jlpaiguri Municipality Madarihat Land Project Coochbehar Jalpath Paribahan samabay Samity Patkapara T.E. Supriya T.E. Kalchini T.E. Turturi T.E. Rahimabad T.E. Coochbehar T.E. Essem Jute Bhandapur T.E. Denguajhar T.E. Potong T.E. M/s Single T.E. M/s Kamala T.E. M/s Bijoy Nagar T.E. (Exem.) M/s Panighata T.E.

Total Default (Amount in lakh) 16.12 50.41 104.00 234.52 134.93 104.20 3.15 436.19 47.45 373.05 300.79 192.23 55.03 136.39 196.49 174.59 26.60 193.47 96.05 253.39 40.63 64.50 71.24 234.03 5.28 23.98 37.56 21.50 63.29 41.51 23.56 52.05 123.11 10.22 23.60 35.10 15.98 22.23 25.54 60.34 63.00 129.60

253

SI. No.

Industry Code No.

289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309

WB/698 WB/30243 WB/998 WB/1038 WB/992 WB/681 WB/30242 WB/30244 WB/1321 WB/50454 WB/50470 WB/50458 WB/50457 WB/50459 WB/1357 WB/655 WB/1060 WB/1044 WB/653 WB/11946 WB/11926

Name of the Establishment

Total Default (Amount in lakh)

M/s Gangaram T.E. M/s Goalgoach T.G. M/s Singbulli T.E. M/s Kumai T.E. Gaya Ganga T.E. Chamati T.E. Lakhipur T.E. Patagora T.E. Jogmaya T.E. Kurseong Municipality Kalimpong Municipality Dalkhola Municipality Rajgani Municipality Kaliyaganj Municipality M/s Poobong T.E. M/s Mim T.E. Dooteriah T.E. Kelej Valley T.E. Rungli Rungliot T.E. M/s Mantu Biri Factory (P) Ltd. M/s Murshidabad Biri Factory & Co.

155.12 69.11 24.39 39.44 53.89 12.49 34.75 38.73 32.81 25.94 17.16 13.83 58.58 11.99 107.59 46.14 58.21 31.31 16.82 15.55 27.30

Consolidated defaulting position in Both Categories (Unexampted+Exempted) in R/O Kolkata & Jalpaiguri Region Year KOLKATA 2014-15 (up to 31.03.2015) JALPAIGURI 2014-15 (up to 31.03.2015) TOTAL

254

(Rs. in lakh) Closing Balance 35467.82

Total Arrears 45944.49

Realised during the year 10476.67

19517.32

6525.88

12991.44

65461.81

17002.55

48459.26

Workers Education in India

B Wokers Education The Central Board for Workers Education (CBWE), Ministry of Labour, Government of India, was established in 1958 to implement ‘Workers Education’ in India, The Board is tripartite in character. It consists of representatives from Central Organisations of Workers and Employers, Central and State Governments and Educational Institutions. Workers Education aims at creating critical awareness among all section of workers, thereby enabling them to collectively more for betterment. It ensures participation of all in the development process. Board organizes different types of training programmes for the workers in organised, unorganised, rural and informal sectors as indicated in this report. Board’s programmes reflect the new orientation, direction and dimensions for meeting the wider educational needs of the worker, trade unions and managements, keeping in view the changed scenario. OBJECTIVES

™ To develop amongst the workers a greater understanding of the problems of their social and economic environment, their responsibilities towards family members, and their rights and obligations as citizens, as workers in industry and as members and officials of their trade union.

™ To develop capacity of workers in all aspects to meet the challenges of the country from time to time.

™ To develop strong, united and more responsible trade unions and to strengthen democratic processes and traditions in the trade union movement through more enlightened members and better trained officials.

™ To empower the workers as employees of the organization and to develop sense of belongingness as effective instruments of amicable industrial relations and maintaining industrial peace.

™ To strengthen among all sections of the

™ To meet the needs of workers to have

working class, including rural workers, a sense of patriotism, National, Integrity, Unity, Amity, Communal Harmony, Secularism and pride in being an Indian.

access to ways of acquiring and continuous upgradation of knowlwdge and skills that they require to find and hold a job. OBJECTIVES OF RURAL WORKERS EDUCATION

™ To equip all sections of workers, including rural workers and woman workers, for their intelligent participation in social and economic development of the nation in accordance with its declared objectives.

¾ To promote among rural workers, critical awareness of the problems of their socio-economic environment and their privileges and obligations as workers, as members of the village community and as citizens.

255

¾ To educate the rural workers to enhance their self-confidence and build-up a scientific attitude;

¾ To educate rural workers in protecting and promoting their individual and social interests.

¾ To educate rural workers in developing their organizations through which they can fulfill socio-economic functions and responsiblities in rural economy and strengthen democratic, secular and socialist fibre of rural society.

¾ To motivate rural workers for family

256

welfare planning and to combat social evils. Organisational Set-up : Central Board for Workers Education is headed by the ‘Chairman’. Its headquarter is at Nagpur. The Chief Executive of the Board is the Director who is assisted by an Additional Director, Deputy Directors and Financial Adviser. The Borad operates through 50 Regional Directorates and 9 SubRegional Directorates. Six Zonal Directorates are located at Delhi, Guwahati, Kolkata, Mumbai, Chennai and Bhopal, They monitor the activities of the Regional Directorates in their respective zones. Tripartite Regional Advisory Committees are constituted for each Regional Directorate to oversee the progress of Workers Education in the Region and recommend measures for its effective implementation. Indian Institute of Workers Education (IIWE), Mumbai is the apex level training Institute of the Board. It was established in the year 1970. IIWE, Mumbai, conducts training programmes for the Education Officers and other National Level Training activities. Coverage : Regional Directorate, Kolkata of the Board Caters to the workers of six Districts of the State of West Bengal : they are

1. 24-Parganas (South) 2. Purba Medinipur 3. Paschim Medinipur 4. Howrah 5. Part of Hooghly 6. Part of Kolkata Going by category of workers, board’s training programme covers workers of organized, unorganized and rural sectors. suppervisory and managerial cadres are covered through Joint Education Programmes. high level self financing seminars are also organized for top level executives and trade union leaders. Organised Sector : The programmes conducted in Organised Sector at the Regional Level are 45-Day Trainers of Training Course, 21 – Day Personality Development Programme, 3-Day programme on ‘Workers Participation in Management’ etc. and at the Plant / Unit level the Workers Education Programme are Need Based Seminars, Joint Education Programmes, Self Generation of Fund Programme of 1,2,3 Days duration and Quality of Life Programme 2/4 – day duration for the workers & their spouses in different establishments. During 2014-2015 – a total number of 15 workers have been trained at the Personality Development Course. At the Plant and Establishment level a total number of 584 workers received training in different training programmes of the Board that includes Joint Education Programme/ Need Based Programme/Self Generation of Fund Programme / Quality of Life Programme etc. Unorganised Sector : In the Unorganised Sector, 2-day/4-day full time camp were organized as well as conducted for the benefit of the unorganized workers such as the rickshaw pullars, women workers, bidi workers and home based workers etc. A total number of 6570

Workers Education in India

unorganized workers have been covered in 132 camps during the financial year 2014-15.

and about 652 Tribal Workers are covered under this Regional Directorate.

Rural & Informal Sector :

MGNREGA

During the year under report - 21 Nos. of 2-day Rural Awareness Capms were conducted wherein 830 rural workers got the benefit of Workers Education. The aforesaid programmes were conducted in the village (rural areas of 24 Parganas (south), Medinipur (East & West), Howrah and Hooghly Districts of West Bengal.

The special programmes for the beneficiaries of MGNREGA are being conducted by CBWE through its Regional Directorates spread across the country to enlighten the rural masses about the benefits of the Mahatma Gandhi National Rural Employment Guarantee Scheme. Objective of such Workers Education programme are to enable the rural workers for their effective participation in the scheme. During this financial year a total number of Nine Village level programmes conducted & 350 workers were trained. Three numbers of Block Level programme were also conducted and 300 workers were trained.

Weaker Section & Special Category of Workers : 1-Day, 2-Day and 4-Day duration programmes were also conducted for the workers of Weaker Section & Special Category of workers which included Women workers, Child Labour, Parents of Child Labour & SC/ST workers, 2-Day Special Programme on Labour Welfare & Development were also conducted. A total number of 2315 workers belonging to Weaker Section & Special Category of workers got covered in 59 numbers of target specific special seminar during the financial yerar 2014-15. Special Workers Education Programme for Scheduled Caste and Schedules Tribe Workers : 2-day Workers Education Programmes, specially designed to cater the educational and information need of the Scheduled Caste and Scheduled Tribe workers have been conducted under Scheduled Caste Sub-Plan (SCSP) and Tribal Sub-Plan (TSP) respectively. This year (2014-15) 60 (Sixty) numbers of 2-Day programme are conducted under SCSP for the Scheduled Caste workers covering 2379 workers under the Region. Accordingly, 17 (Seventeen) numbers of 2-day duration Workers Education Programme were conducted during 2014-15

Observance / Celebration of Various Days : Regional Directorate Kolkata of Central Board for Workers Education observed the following days to mark the occasions. Seminars, symposia, special lecture, film shows, competitions etc. were organized. Pledges, wherever required, were administered to the trainees and members of staff. 7 Swach Bharat Avijan.

7 7 7 7

Anti-Terrorism Day Republic Day Independence Day Sadbhavana Day

Central Board for Workers Education, Kolkata, celebrated the Workers Education Day on 16th September, 2014 at The Conference Hall of ‘Academy of Fine Arts’, Kolkata. Eminent personalities from different Government Organisation / Departments, Industries, Trade Unions and Non Government Organisations attended the programme.

257

CENTRAL BOARD FOR WORKERS EDUCATION : KOLKATA TARGET AND ACHIEVEMENT FOR THE YEAR 2014-15 Sl. Name of the Progamme No.

1 2

02 06

01 02

21 08 03 03 – 09

16 05 04 03 02 04

03

03

03

03

06 03 03 08 06 03 03 60 18 09 03

06 03 03 13 09 03 03 60 17 09 –

21 03 03

21 03 03

25 2 days Village Level Programme on MGNREGA

09

09

26 2 days Block Level Programme on MGNREGA

06

03

240

242

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

258

REGIONAL LEVEL Personality Development Programme (21 days) Need Based Seminar (2 Days) UNIT LEVEL Joint Education Programme – 1day Joint Education Programme – 2days S.G.F – 1 day S.G.F – 2 days S.G.F – 3 days Programme for Trained Workers at Plant Level (1-day)

Tarrget No. of for Progammes 2014-15 conducted

UNORGANISED SECTOR Special Programme Quality of Life for workers and their Spouses (4 days Unorganised Sector) Special Programme Quality of Life for workers and their Spouses (2 days Unorganised Sector ) Empowerment Camp for Unorganised sector – 4 days Retraining for Unorganised Sector – (1 day) Empowerment Camp for weaker section (4 days) Special Programme for Unorganised Sector (2 days) Special Programme for Women Workers (2 days) Special Programme for Parents of Child Labour (2 days) Special Programme for Child Labour Special Programme for SC Workers (2 days) (SCSP) Special Programme for ST Workers (2 days) (TSP) Special Programme for Labour Welfare and Development (2 days) Special Programme for Panchayati Raj Functionaries (2 days) RURAL SECTOR Rural Awarness Programme Empowerment Camp for Rural Labour (4 days) Retraining for Rural Sector (1day)

Total

Workers Education in India

CENTRAL BOARD FOR WORKERS EDUCATION : BARRACKPORE PROGRESS AND PERFORMANCE FOR THE YEAR 2014 -15 From 01.04.2014 to 31.03.2015 Sl. Name of the Progamme No.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

A B C

Target Programme Worker’s for conducted trained 2014-15

REGIONAL LEVEL Training of Trainers (45 days) Personality Development Prog. (21 days) Refresher Course for Worker Trainers (1week) Joint Education Programme (1 day) Need Based Seminar (2 days)

01 01 04 04

01 01 01

17 20 22

UNIT LEVEL Part Time ULC (45 days) Joint Education Programme (2 days) a) CTP-General (1 day) b) CTP-General (2 days) c) CTP-General (3 days) 1-day programme for trained workers at plant level

08 04 04 04 06

05 08 02 04

100 154 34 85

06 02 02 02 04

03 02 04 03 08

118 80 160 120 480

04 04 04 02 04 02 20 30 10 04 02

27 10 04 03 14 01 16 42 10 05 02

1080 399 160 120 560 35 635 1672 398 200 200

08 04 02 152

11 08 03 198

439 474 120 7882

UNORGANISED SECTOR 2-day Special Programme on quality of life 4-day Special Programme on quality of life Empowerment Camp for unorganised sector (4 days) Empowerment Camp for weaker sections (4 days) 1-day Re-training programme for unorganised sector Special Seminars (2days) a) Unorganised Sector b) Women workers c) Perents of Child labour d) Child labours e) Labour welfare and development f) Panchayati Raj Functionaries g) SC/ST workers h) SC Workers (SCSP head) i) ST Workers (TSP head) j) MGNREGA – village level (under plan head) k) MGNREGA – block level (Plan head) RURAL SECTOR Rural Awarness Camp (2 days) 1 day Re-training programme for rural workers Empowerment Camp for rural labour (4 days) Total

259

CENTRAL BOARD FOR WORKERS EDUCATION : SILIGURI PROGRESS AND PERFORMANCE FOR THE YEAR 2014-2015 (From 01.04.2014 to 31.03.2015 Sl. Name of the Progamme

Annual No. of No. of Target Programme Workers Conducted Trained

REGIONAL LEVEL 1 2 3. 4. 5. 6.

7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20 21. 22. 23. 24. 25.

260

Need Based Seminar (2-Day) Joint Educational Programme (1Day) Self Education of Fund Programme (1Day) Self Generation of Fund Programme (2-Day) UNIT LEVEL 2-Day Joint Educational Programme Spl. Programme Quality of Life for Workers and their spouses (2-Days Organized Sector) UNORGANISED SECTOR Spl. Programme Quality of Life for Workers and their spouses (4-Day Unorganized Sector) Spl. Programme Quality of Life for Workers and their spouses (2-Day Organized Sector) Emp. Camp for Unorganized Sector (4-Day) Retraining for unorganized Sector (1-Day) Emp. Camp for Weaker Section (4-Day) SPECIAL SEMINARS Spl. Progms. for Unorganized Sector (2-Day) Spl. Progms. for Women Workers Spl. Progms. for SCSP Workers (2-Day) Spl. Spl. Progs. for TSP Workers (2-Day) Spl. Progs. for Labour Welfare Develp. (2-Day) Spl. Prog. for Construction Workers RURAL SECTOR Rural Awareness Programme Empowerment Camp for Rural Labour (4-Day) Retraining for Rural Sector (1-Day) NORTH EAST SPECIAL PROGRAMME 3-Day Spl. Progme. for State Level 3-Day Spl. Progme. for Panchayati Raj Functionaries MGNREGA 2-Day Awareness Generation Programme On Mgnrega-Village Level 2-Day Awarreness Generation Programme On Mgnrega-Block Level 2-Day Awareness Generation Programme On Mgnrega-District Level Total

03 03 02 02

02 00 01 02

42 00 20 40

02 01

1 00

20 00

01

00

00

02

01

40

01 01 01

01 01 01

40 60 40

02 01 20 10 02 05

01 01 20 10 02 03

40 40 797 399 80 119

04 01 02

00 00 00

00 00 00

10 01

10 00

300 00

03

00

00

0

0

0

0

0

0

80

57

2077

ESI Corporation

C

ESI Corporation

Introduction-The ESI Scheme formulated under the Employees’ State Insurance Act, 1948 provides for medical care and cash benefit in contingencies such as Sickness, Maternity, Disablement and Death or Disablement due to employment injury and other related matters in relation thereto. Under the Scheme the medical care is also provided to the employees covered under the ESI Scheme along with the dependants family members. ™

™

™

Starting from 25000 Insured Persons in 1952 in two industrial centres in Kanpur and Delhi, the social security net of ESIC is covering about 1.95 crores families of workers today providing succour in times of distress of workmen covering more than 7.58 crores beneficiaries all over the country. With only 21 Dispensaries in 1952 to about 1418 dispensaries, 140 ISM units and 152 Hospitals today, is a long way since the inception of the scheme. Against only two centres in 1952, there are about 815 centres throughout India as of now where ESI has reached the families of workers.

™

ESI Corporation is opening Medical Education Institutions throughout the country to augment its own medical infrastructure.

™

To serve the beneficiaries better ESIC is going for e-governance in a massive way.

II

Coverage

The ESI Act applies to factories using power employing 10 or more employees and nonpower using factories employing 10 or more employees for wages. The provision of the Act are being brought into force phase wise on different date. The Act also provides an enabling provision under which the appropriate Govt. is empowered to extend the provision of the Act to other class of establishments industrial, commercial, agricultural or otherwise. Under this provision different State Govt. have also extended the provisions of the Act to shop, restaurants, cinemas and preview theatres, road motor transport undertaking, newspaper establishments, educational institutions and medical institutions employing 10 or more employees.

Extension of ESI Scheme in West Bengal Region are as follows: Sl. No. 1. Extension of ESI Scheme to Small Manufacturing Units engaging upto 19 persons and using power and non-power units engaging 20 or more persons 2. Extension of ESI Scheme to Hotels and Restaurants, News paper establishments, Cinema Houses, Preview Theatres, transport establishments engaging 20 persons or more 3. Extension of ESI Scheme to Shops engaging 20 persons or more 4. Extension of ESI Scheme to Educational/Medical Institutions engaging 20 persons or more

Date 26-04-1975

01-08-1976

06-03-1983 28-08 2006

261

Sl.

Date

5.

Establishment belonging to or under the control of the Central Govt. wherein 20 20-07-2009 or more persons are employed or were employed for wages on any day of preceeding twelve month such as Shops, Hotels, Restaurants, Road Transport establishments including Preview Theatres, Newspaper establishments engaged in Insurance Business other than Non Body Financial Corporation (NBCC), Port Trust, Airport Authorities and Ware Houses.

6.

Reduction of threshold limit of coverage of establishment from 20 to 10-02-2011 10 employees in respect of ( a ) Shops (b) Hotels ( c ) Restaurants (d) Road Motor Transport establishments ( e ) Cinemas including preview theatres ( f ) Newspaper establishments as defined in Section 2(d) of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955) ( g ) Educational Institutions (including public, private, aided or partially aided) run by individuals, trustees, societies or other organizations (h) Medical Institutions (including corporate, joint sector, trust, charitable and private ownership hospitals, nursing homes, diagnostic centres, pathological labs),

The employees drawing monthly wages of `15,000/- per month are covered under the Scheme. In West Bengal, as on 31.03.2015, the scheme covers 12.25 lakhs insured persons in around 29 centres and the total number of beneficiaries is 47.53 lakhs. III Function Responsibility

and

Administrative

Under the Act the employers are required to pay contribution at the rate of 4.75 percent of wages of the covered employees. The employees covered under the Act are also required to pay 1.75 percent of their wages. Employees drawing wages upto ` 100/- per day are exempted to pay their share of contribution but the employer is required to pay their share of contribution in respect of such employees.

262

The employers employing persons with disability drawing monthly wages upto ` 25,000/- are exempted from payment of employers share of contribution for first three

years for providing employment to such persons. IV Organisational Set Up The ESI Scheme was administered by an apex corporate body called the Employees State Insurance Corporation. It comprises members representing all stake holders including employees, employers, representative of the Central and State Government, Members of Parliament and from medical profession. The Corporation is headed by the Hon’ble Union Minister of Labour and Employment, Govt. of India as Chairman and the Director General, appointed by the Central Government, functions as Chief Executive Officer of the ESI Corporation. A Standing Committee constituted from among the members of the Corporation acts as an Executive Body. The Medical Benefit Council constituted by the Central Govt. is another Statutory Body that advises the Corporation on matters related to effective delivery of medical services to the beneficiaries.

ESI Corporation

The Corporation with its Hqrs. at New Delhi operates through a net work of 61 Regional, Sub Regional and Divisional Offices located in various states. The administration of Medical Benefit is taken care by the

respective State Government except in case of Delhi and Noida/Greater Noida area in Uttar Pradesh where the Corpn. administers medical facilities directly. The Corpn. is running 36 ESIC Model Hospitals directly.

V

ACTIVITIES/FUNCTIONS BENEFITS BENEFITS & ELIGIBILITY CONDITIONS DURATION AND SCALE OF BENEFITS 1. SICKNESS BENEFIT ( a ) Sickness Benefit : Payment of contribution for 78 Upto 91 days in two consecutive days in corresponding benefit periods at 70% of the contribution period of six month average daily wages for 91 days in a year ( b ) Enhanced Same as above 14 days for Tubectomy & 7 days Sickness Benefit : for Vasectomy, extendable on medical advice. Rate of payment is 100% of the average daily wages. ( c ) Extended For 34 specified long term 124 days which may be extended Sickness Benefit : diseases. Continuous insurable upto two years on medical employment for two years with advice during a period of two 156 days contribution in four years in insurable employment. consecutive contribution periods Rate : 80% of the average daily wages approx. 2. DISABLEMENT BENEFIT ( a ) Temporary Disablement Benefit

( b ) Permanent Disablement Benefit 3.

DEPENDANTS BENEFIT

From day one of entering As long as temporary disablement insurable employment and lasts. : DisablementBenefit irrespective of having paid any contribution Rate : 90% of the average daily for disablement due to wages approx. employment injury : Same as above For whole life. Rate : 90% of the average daily wages depending upon loss of earning capacity. : From day one of entering insurable employment and irrespective of having paid any contribution in case of death due to employment injury.

For life to the widow or until her re-marriage. To dependant children till the age of 25 years. To dependant parents for life. Rate : about 90% of the average daily wages approx. Shareable in fixed proportion.

263

4.

MATERNITY BENEFIT

: Payment of contribution of 70 Upto 12 weeks in case of normal days in two preceding delivery. Upto 6 weeks in case contribution periods (one year) of mis-carriage. Extendable by 4 weeks on medical advice. Rate: Almost 100% of the average daily wages.

5. MEDICAL BENEFIT : Full medical facilities for self Full medical care till disease or and family from day one of disablement lasts. No ceiling on entering insurable employment expenditure. 6.

MEDICAL BENEFIT TO RETIRED INSURED PERSON :

7.

OTHER BENEFITS : Confinement

: An Insured Person or an I.P. in Upto two confinements only. respect of his wife in case expenses for confinement occurs Rate: ` 2500/- per case. at a place where necessary medical facilities under ESI Scheme are not available.

Funeral Expenses : From day one of entering insurable employment

264

Retired insured persons who have been in insurable employment for at least five years before retirement on superannuation or under VRS or premature retirement and Disabled Insured Persons with 40% of loss of earning capacity are entitled to full medical care for self and spouse only on payment of `120/as annual contribution.

For defraying expenses on the funeral of an Insured Person. Rate : Actual expenses subject to a maximum of ` 10000/-.

Vocational Training

: In case of physical disablement As long as vocational training due to employment injury lasts. Rate: Actual fee charged or `123/- a day whichever is higher.

Provision of Artificial limb

: In case of physical disablement As long as a person is admitted in due to employment injury an artificial limb centre. Rate : 100% of the average daily wages.

ESI Corporation

Rajiv Gandhi : In case of involuntarily loss of Shramik Kalyan employment due to closure of Yojana factory, retrenchment or permanent invalidity due to non-employment injury and the contribution in respect of him have been paid/payable for a minimum of three years prior to the loss of employment. Skill Upgradation : Same as above Training under RGSKY

Maximum twelve months during life time. Rate : 50% of the average daily wages.

For a short duration - maximum upto 6 months.

VI . Extension of ESI Scheme District Wise in West Bengal SI.No.

Name of the District

1 2 3 4 5 6 7 8 9 10 11

Kolkata Howrah 24-Parganas (South) 24-Parganas (North) Nadia Hooghly East Midnapore Darjeeling West Midnapore Jalpaiguri Bankura

12

Burdwan

13 14 15 16 17

Birbhum Murshidabad Malda jalpaiguri West Midnapore

Name of the Centre

Date of Implementation 1) Kolkata 14.08.1955 2) Howrah 14.08.1955 3) 24-Parganas (South) 29.03.1964 4) 24-Parganas (North) 29.03.1964 5) Nadia 01.08.1976 6) Hooghly 14.05.1984 7) Haldia 01.03.1990 8) Siliguri 01.04.2002 9) Kharagpur 16.11.2006 10) Bimnaguri & Boligacha 01.03.2009 11) Mezia Extended Areas of Mezia 01.09.2009 12) Barjora 01.04.2010 13) Asansol 01.02.1981 14) Ranigunge 01.02.1981 15) Durgapur 16.09.1990 16) Burnpur, 01.09.2001 17) Burdwan Town 01.05.2010 18) Peripheral areas of Burdwan Town 01.03.2012 19) Jamuria 01.03.2012 20) Rampurhat 01.03.2012 21) Berhampore 01.09.2012 22) Malda 01.09.2012 23) Luis Pukri 01.04.2013 24) Midnapore Town 01.08.2013

265

VII ESI SCHEME AT A GLANCE WEST BENGAL REGION 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16.

Date of implementation of ESI Scheme 14.8.1955 No. of Centres covered at the time of implementation District : 2; Centre : 2 No. of Centres covered as on 31.3.2015 District : 15; Centre : 29 Approved No. of Covered Employees as on 31.3.2015 : 11,54,370 Approved No. of Insured Persons as on 31.3.2015 : 12,25,150 Number of beneficiaries including family members : 47,53,582 Number of Employers (Live as on 31.3.2015) : 39,402 No. of Branch Offices : RO - 39; SRO, Bkp - 18; SRO, Dgp - 5; Total - 62 No. of Pay Office : RO - 1; Total - 1 No. of Hospitals Run under ESI Scheme 13; Model Hospital under ESIC - 1; Total - 14 Total No. of ESI Beds : 3577 Total No. of Tie-Up Hospitals/ Diagnostic Centers for Tertiary Care : 68 Total No. of Service Dispensaries : 44 Total No. of Tie-Up Dispensaries : Primary Care - 16; Secondary Care - 20 No. of Insurance Medical Practitioners : 392 No. of Rajya Beema Oushadhalaya : 08

VIII EXPENDITURE ON CASH BENEFIT (in Rupees Lakhs) Head Sickness Benefit Extended Sickness Benefit Maternity Benefit Temporary Disablement Benefit Permanent Disablement Benefit Dependant Benefit Funeral Expenses Rajiv Gandhi Sramik Kalyan Yojna TOTAL

IX

2013-14 3069.45 367.73 97.53 1078.86 2037.87 288 172.55 0.14 7112.13

MEDICAL BOARD Target - To decide Medical Board cases within 1 month. Achievement - 92.40% of Medical Board cases decided within 1 month 2013-14 Receipt 5364

X

2014-15 Disposed 4956

Receipt 6125

Disposed 5661

TOTAL DEPENDENT BENEFIT PAYMENT THROUGH ECS 2013-14

266

2014-15 3358.03 614.07 114.80 4067.08 1755.22 325 149.74 1.14 10385.08

Receipt 14512

2014-15 Disposed 14512

Receipt 16201

Disposed 16201

ESI Corporation

XI

PUBLIC GRIEVANCE Target - To decide Public Grievances cases within 15 days Achievement - 99% cases decided within 15 days 2013-14 Receipt 979

XII HOLDING SAMAGAM 1

2014-15 Disposed 973

OF

SUVIDHA

Schedule of holding Suvidha Samagam 2nd Wednesday at Regional Office/Sub Regional Offices, Barrackpore and Durgapur and 2nd Friday in all Branch Offices.

2.

No. of Suvidha Samagam held during 2014-15—695. 3. Major issues discussed 1. Issue of Pehachan Card to each employee. 2. Payment of cash benefit through ECS/ RTGS. 3. Redressal of Grievances of IPs/IWs. 4. Awarness regarding medical and cash benefit of the scheme. 5. Latest Developments in ESI Scheme XIII ADVANTAGES TO EMPLOYERS 1. Employers are exempted from the applicability of the a)

Maternity Benefit Act.

Receipt 930

Disposed 917

of workers and their dependants such as sickness, employment injury or physical disablement and death resulting in loss of wages; as the responsibility of paying cash benefits shift to the Corporation in respect of insured employees. 4. Any sum paid by way of contribution under the ESI Act is deducted in computing ‘income’ under the Income Tax Act. XIV RECENT INITIATIVES ¾ Online payment of ESI Contribution by the Employer. ¾ Improving services through e-governance

projects. ¾ Empowering States-Formation of State

Executive committee to review and monitor mechanism of medical care delivery. ¾ Enhancement in the ceiling of medical

care per IP per year. ¾ Holding Suvidha Samagam at Regional/

Sub-Regional Offices and Branch Offices.

b ) Employees’ Compensation Act in respect of employees coverd under ESI Scheme.

¾ Enhancement in exemption limits from

2. Employers have, at their disposal, a productive, well secured workforce, an essential ingredient for better productivity.

¾ Enhancement in the rate of PDB and DB

3. Employers are absolved of any responsibility in times of physical distress

hospitals for providing cashless medical care facilities for super speciality care.

payment of employee’s share from Rs 100 to Rs 137 per day. (Notification dated 12.05.2015). ¾ Tie up with more than 1000 reputed

267

D

Wages and Earnings of Workmen in Major Industries

Wages of workers in the organised sector in the four major industries in West Bengal, namely, Jute Industry, Cotton Textile Industry, Engineering Industry and Tea Plantation Industry are regulated by industrywide tripartite agreements while wages in the unorganised sector are mainly governed by notifications under the Minimum Wages Act, 1948.

period of three years. This in the absence of any fresh agreement is still operational. Dearness Allowance is linked to Consumer Price Index Number for Industrial Worker of Kolkata Centre Base 1960 = 100 for quarter ending March, June, September and December respectively and rate of neutralisation of D.A. is Rs.1.50 per point rise or fall over 1375 points.

The wage rates for workers of the Jute Industry are still governed by the industry-wise wage agreement signed on 02.12.1995. Dearness Allowance is linked to Consumer Price Index Number for the industrial workers, Kolkata Centre Base 1960 = 100 for quarters ending March, June, September and December respectively and rates of neutralization of D.A. is Rs.1.90 per point rise or fall over 1430 points. However, by virtue of a tripartite industry-wise settlement in Jute Industry dated 12.02.2010, the wages of the ‘new entrants’ who will be enrolled after 12.02.2010 were to be paid @Rs.157/- in lieu of Rs.100/- per day as the entry level minimum payment. They are also entitled to D.A.

The wage rates of workers in Engineering Industry other than Central Public Sector Undertakings was signed on 10.02.1997. Dearness Allowance is linked to Consumer Price Index Number for Industrial Workers of Kolkata Centre (Base 1960 = 100) for Quarters ending March, June, September and December respectively and rate of neutralisation of D.A. is Rs.2.00 per point rise or fall over 1625 points.

The wage rate in Cotton Textile Industry is governed by the agreement signed on 01.06.1995 and was to remain in force for a

268

Wage rate of the workers in Tea Plantation Industry is now governed by an agreement signed on 20.02.2015. The starting monthly wages of an unskilled worker excluding house rent allowance where applicable in the said four major industries in the organized sector as per respective agreements during the last three years are shown in Tables I, II, IIIA and IIIB.

496.00 496.00 496.00 496.00 496.00 496.00 496.00 496.00

August to October, 2013

November, 2013 to January, 2014

February,2014 to April, 2014

May,2014 to July, 2014

August,2014 to Oct, 2014

November,2014 to Jan, 2015

February,2015 to Apr, 2015

496.00

May to July, 2012

May to July, 2013

496.00

February to April, 2012

496.00

496,00

November, 2011 to January, 2012

February to April, 2013

496.00

August to October, 2011

496.00

496.00

May to July, 2011

496.00

496.00

February to April, 2011

November, 2012 to January, 2013

496.00

November, 2010 to January, 2011

August to October, 2012

Basic Wages Rs.

Period

2004.45

2004.45

2004.45

2004.45

2004.45

2004.45

2004.45

2004.45

2004.45

2004.45

2004.45

2004.45

2004.45

2004.45

2004.45

2004.45

2004.45

9804.05

9420.25

9405.05

9142.85

8901.55

8390.45

8468.35

8557.65

8147.25

8019.95

7879.89

7867.95

Rs.

Total

8519.60 11020.05

8487.30 10987.75

8257.40 10757.85

7919.20 10419.00

8150.00 10651.45

7736.80 10237.25

7303.60

6919.80

6904.60

6642.40

6401.10

5890.00

5967.90

6057.20

5646.80

5519.50

5489.10

5367.50

Rs.

Rs. 2004.45

V.D.A.

FDA.

5914 (October to December, 2014)

5897 (July to September, 2014)

5776 (April to June, 2014)

5598 (January to March, 2014)

5720 (October to December, 2013)

5502 (July to September, 2013)

5274 (April to June, 2013)

5072 (January to March, 2013)

5064 (October to December, 2012)

4926 (July to September, 2012)

4799 (April to June, 2012)

4530 (January to March, 2012)

4571 (October to December, 2011)

4618 (July to September, 2011)

4402 (April to June, 2011)

4335 (January to March, 2011)

4319 (October to December, 2010)

4255 (July,2010 to September, 2010)

Average Consumer Price Index no. for Kolkata Centre on Base (1960 = 100)

Remarks

do

do

do

do

do

do

do

do

do

do

do

do

do

do

do

do

do

This rate does not include HRA

Starting Monthly Wages of an unskilled Worker in Jute Industry as per agreement dated 02.12.95

Table - I

Wages & Earnings

269

Table - II

308.00 308.00 308.00

August, 204 to October, 2014

November, 2014 to January, 2015

February, 2015 to April, 2015

308.00

February to April, 2013

308.00

308.00

November, 2012 to January, 2013

May, 2014 to July, 2014

308.00

August to October, 2012

308.00

308.00

May to July, 2012

February, 2014 to April, 2014

308.00

February to April, 2012

308.00

308.00

November, 2011 to January, 2012

November, 2013 to January, 2014

308.00

August to October, 2011

308.00

308.00

May to July, 2011

308.00

308.00

February to April, 2011

August to October, 2013

308.00

November, 2010 to January, 2011

May to July, 2013

Basic Wages Rs.

1582.25

1582.25

1582.25

1582.25

1582.25

1582.25

1582.25

1582.25

1582.25

1582.25

1582.25

1582.25

1582.25

1582.25

1582.25

1582.25

1582.25

6808.50

6783.00

6601.50

6334.50

6517.50

6190.50

5848.50

5545.50

5533.00

5326.00

5136.00

4732.50

4794.00

4864.50

4540.50

4440.00

4416.00

4320.00

Rs.

Rs. 1582.25

V.D.A.

FDA.

8698.75

8673.25

8491.75

8224.75

8407.75

8080.75

7738.75

7485.75

7423.75

7216.25

7026.25

6622.75

6684.25

6754.75

6430.75

6330.25

6306.25

6210.25

Rs.

Total

5914 (October to December, 2014)

5897 (July to September, 2014)

5776 (April to June, 2014)

5598 (January to March, 2014)

5720 (October to December, 2013)

5502 (July to September, 2013)

5274 (April to June, 2013)

5072 (January to March, 2013)

5064 (October to December, 2012)

4926 (July to September, 2012)

4799 (April to June, 2012)

4530 (January to March, 2012)

4571 (October to December, 2011)

4618 (July to September, 2011)

4402 (April, 2011 to June, 2011)

4335 (January,2011 to March, 2011)

4319 (October to December, 2010)

4255 (July, 2010 to September, 2010)

Average Consumer Price Index no. for Kolkata Centre on Base (1960 = 100)

do

do

do

do

do

do

do

do

do

do

do

do

do

do

do

do

do

This rate does not include HRA

Remarks

Starting Monthly Wages of an unskilled Worker in Cotton Industry as per agreement dated 01.06.1995

Period

270

Basic Wages Rs. 1771.00 1771.00 1771.00 1771.00 1771.00 1771.00 1771.00 1771.00 1771.00 1771.00 1771.00 1771.00 1771.00 1771.00 1771.00 1771.00 1771.00 1771.00

Period

December, 2010 to February,2011

March to May, 2011 June to August, 2011 September to Nevember, 2011 December, 2011 to February, 2012 March to May, 2012 June to August, 2012 September to November, 2012

December, 2012 to February, 2013

March to May, 2013 June to August, 2013 September to Nevember, 2013 December, 2013 to February, 2014

March to May, 2014

June, 2014 to August, 2014

September, 2014 to Nov, 2014

Decembet, 2014 to Feb, 2015

March, 2015 to May, 2015

Rs.

1144.30

1144.30

1144.30

1144.30

1144.30

1144.30 1144.30 1144.30 1144.30

1144.30

1144.30 1144.30 1144.30 1144.30 1144.30 1144.30 1144.30 9517.30

8303.30 8335.30 8469.30 8901.30 8807.30 8725.30 9263.30

8175.30

Rs.

Total

11217.30

10861.30

11105.30

8578.00

11493.30

8544.00 11459.30

8302.00

7946.00

8190.00

6878.00 9793.30 6894.00 9809.30 7298.00 10213.30 7754.00 10669.30

6602.00

5388.00 5420.00 5554.00 5986.00 5892.00 5810.00 6348.00

5260.00

Rs. 1144.30

V.D.A.

FDA.

5917/ (October to December 2014)

5897/(July to September, 2014)

5776/(April to June, 2014)

5598/(January to March, 2014)

5720 (October to December, 2013)

5064 (October to December, 2012) 5072 (January to March, 2013) 5274 (April to June, 2013) 5502 (July to September, 2013)

4926 (July to September, 2012)

4319 (October to December, 2010) 4335 (January, 2011 to March, 2011) 4402 (April, 2011 to June, 2011) 4618 (July, 2011 to September, 2011) 4571 (October to December, 2011) 4530 (January to March, 2012) 4799 (April to June, 2012)

4255 (July, 2010 to September, 2010)

Average Consumer Price Index No. for Kolkata Centre on Base (1960 = 100)

do

do

do

do

do

do do do do

do

This rate does not include HRA do do do do do do do

Remarks

Starting Monthly Wages of an unskilled worker in Engineering Unit employing 50 to 249 workmen (other than CPSU units) as per agreement dated 10.02.1997

Table - III A

Wages & Earnings

271

March to May, 2012

Remarks

do do do do do do

5064 (October to December, 2012) 5072 (January to March, 2013) 5274 (April to June, 2013) 5502 (July to September, 2013). 5720 (October to December, 2013) 5598 (January to March, 2014)

do

do

4926 (July to September, 2012)

8578.00 11544.80 5914(October to December, 2014)

do

4799 (April to June, 2012)

do

do

4530 (January to March, 2012)

8544.00 11510.80 5897(July to September, 2014)

do

4571 (October to December, 2011)

4926 (July, 2012 to September, 2012) This rate does not include H.R.A

Average Consumer Price Index no. for Kolkata Centre on Base (1960 = 100)

do

8956.80 8858.80 8862.80 8776.80 8780.80 9314.80 9318.80 9568.80 9572.80 9844.80 9848.80 9860.80 9864.80 10264.80 10268.80 10720.80 10724.80 11156.80 11160.80 10861.30

8952.80

Rs.

Total

8302.00 11268.80 5776 (April to June 2014)

5986.00 5892.00 5892.00 5810.00 5810.00 6348.00 6348.00 6602.00 6602.00 6878.00 6878.00 6894.00 6894.00 7298.00 7298.00 7754.00 7754.00 8190.00 8190.00 7946.00

Rs.

Rs.

ii. 1818.00 1152.80 i. 1814.00 1152.80 ii. 1818.00 1152.80 June to August, 2012 i. 1814.00 1152.80 ii. 1818.00 1152.80 September to November, 2012 i. 1814.00 1152.80 ii. 1818.00 1152.80 December, 2012 to February, 2013 i. 1814.00 1152.80 ii. 1818.00 1152.80 March to May, 2013 i. 1814.00 1152.80 ii. 1818.00 1152.80 June to August, 2013 i. 1814.00 1152.80 ii. 1818.00 1152.80 September to November, 2013 i. 1814.00 1152.80 ii. 1818.00 1152.80 December, 2013 to February,2014 i. 1814.00. 1152.80 ii. 1818.00 1152.80 March to May, 2014 i. 1814.00 1152.80 ii. 1818.00 1152.80 June, 2014 to Aug, 2014 i. 1814.00 1152.80 ii. 1818.00 1152.80 Sept, 2014 to Nov, 2014 i. 1814.00 1152.80 ii. 1818.00 1152.00 Dec, 2014 to Feb, 2015 i. 1814.00 1152.80 ii. 1818.00 1152.80 Mar, 2015 to May, 2015 i. 1814.00 1152.80 ii. 1818.00 1152.00

V.D.A.

FDA.

5986.00

Basic Wages Rs.

December, 2011 to February,2012 i. 1814.00. 1152.80

Period

TABLE - III B Starting Monthly Wages in Engineering Units employing (i) 250 to 1000 workmen and (ii) 1001 and above workmen (other than CPSU units) as per agreement dated 10.02.97

272

Wages & Earnings

TABLE - IV A. Daily wages for the daily rated workers in Tea Estates of Hill areas (Darjeeling, Kalimpong & Kurseong sub-divisions), Dooras and Terai regions

From From From

Period

Daily wage

1.4.2014 to 31.3.2015 1.4.2015 to 31.3.2016 1.4.2016 to 31.3.2017

Rs.112.50 Rs.122.50 Rs.132.50

*(As per memorandum of settlement dated 20.02.2015) B. ( i ) For tea guarden in the Hill areas, the existing practice of payment of Extra Leaf Price (ELP) will be continued (ii) For the Tea gardens in the Dooars and Terai Regions, the rate of Extra Leaf Price (ELP) shall be Rs. 3.00 per Kg. for production up to 6 kgs. above the base task and Rs. 3.50 per Kg. for production of more than 6 kgs. above the base task (weekly output to be determined on the basis of fixed daliy task) w.e.f. 20.02.15

273

E Important Settlements (I) MEMORANDUM OF SETTLEMENT 1.

Name of the Parties :

The Employers of (1) Sponge Iron, (2) Ferro Alloys, (3) Induction Furnace and (4) Rolling Mil industries of West Bengal represented by West Bengal Iron & Steel Manufacturers Welfare Association, 1, R.N. Mukherjee Road, Martin Burn House, Ground Floor, Kolkata - 700 001

274

And Their workers represented by(1) INTTUC affiliated Unions : (i) Jai Balaji Industries Ltd. (Unit-iii) Permanent Shramik Karmachari Union, Regn. No. 27065 (ii) Jai Balaji Industries Ltd. Contractors Workers Union, Regn. No. 25279 (iii) Jai Balaji Industries Ltd. Thikadar Workers Union, Regn. No. 25353. (iv) Calster Sponge Ltd. Permanent Workmens Union, Regn. No. 26404. (v) Shyam Steel Industries Ltd. Permanent Workmens Union, Regn. No26403 (vi) Adhunik Corporation Ltd. ThikadarMazdoor Union, Regn No. 26590. (vii) Haldia Steel Contractor & Casual Workers Union, Regn. No. 25656. (viii) Shyam Ferro Alloys Ltd. Workmens Union, Regn. No. 25487. (ix) Jaishree Steel Pvt. Ltd. Permanent Workmens Union, Regn. No. 26406. (x) Alokananda Sponge Iron (P) Ltd. Permanent Workmens Union, Regn. No. 26490 (xi) Neo Mettaliks Ltd. Contractor Workers Union, Regn. No. 26523. (xii) C.P. Sponge Iron Pvt. Ltd. Contractors Workers Union, Regn. No. 27203. (xiii) V.S.P. Udyog (Pvt.) Ltd. Workers Union, Regn. No. 26502. (xiv) Sharp Ferro Alloys Contractors Workers Union, Regn. No. 25962. (xv) Corporate Ispat Alloys Ltd. Contractors Workers Ltd., Regn. No. 26026. (xvi) R.S. Concast Ltd. Permanent Workmens Union, Regn. No. 26492. (xvii) Jagadamba Industries Ltd. Thikadar Mazdoor Union, Regn. No. 26489. (xviii) SRMB Srijan Ltd. Contractors Workers Union, Regn. No. 24148. (xix) Srinivasa Ferro Alloys Ltd. Contractors Workers Union, Durgapur - 713 211, Regn. No. 26220. (xx) Shakambari Overseas Pvt. Ltd. Contractors Workmen Union, Regn. No.25654. (xxi) Kartick Alloys Ltd. Contractors Workers Union, Regn. No. 25741. (xxii) Shyam Steel Industries Contractors Workers Union, Regn. No. 27204. (xxiii) Corporate Ispat Pvt. Ltd. Contractor Workers Union, Regn. No. 26498. (xxiv) Shyam Ferro Alloys Ltd. Contractors Workers Union, Durgapur 713213, Regn. No. 25486. (xxv) West Bengal Nirman Workers Union, Regn. No. 25075. (xxvi) Surya Alloy Industries Ltd. Contractors Workers Union Regn. No. 26592. (xxvii) Matangi Steel Pvt. Ltd. Contractors Workers Union, Regn. No. 26598.

Important Settlements

(xxviii) (xxix) (xxx) (xxxi)

Bhaskar Shranchi Alloys Ltd. Contractors Workers Union, Regn. No. 26591. Shova Ispat Alloys Ltd. Thikakarmi Union, Regn. No. 26594. Amit Metaliks Ltd. Workers Union, Regn. No. 25747. Shyam Ferro Alloys Ltd. Contractor Worker Union, Durgapur - 713215, Regn. No. 25741. (xxxii) Srinivasa Ferro Alloys Contractors Workers Union, Durgapur-713 215, Regn. No. 27749.

(2) CITU affiliated Unions : (i) Co-ordination Committee of Trade Unions of Small, Medium Iron & Steel Industries (CITU) (3) INTUC affiliated Unions : (i) Shyam Sel Ltd. Shromik Union, Regn. No. 26066 (ii) Durgapur Shyam Ferro Alloys Ltd. Shramik Union Regn. No. 25834 (iv) Shyam Steel Industries Ltd. Casual Workers Union, Regn. No. 25662 (v) Jagadamba Industries Ltd. Workers Union, Regn. No.26745 (vi) C.P. Rollers Pvt. Ltd. Casual & Contractors Workers Union, Regn. No. 25710 (vii) KIC Metalics Ltd. Contractors Sramik Union, Regn. No. 26119 (viii) Kajaria Iron & Steel Co. Pvt. Ltd. Shramik Union, Regn. No. 26063 (ix) Amit Metaliks Ltd. Sramik Union, Regn. No. 25692. 2.

Representing the Employers : (i) (ii) (v) (vi) (vii) (viii) (ix) (x)

3.

Shri S. Bhattacherjee, Convener, W.B.I & S. M.W. Association Shri S.L. Agarwal. M.B. Ispat Group. Shri R.K. Chakraborty, Shyam Group. Shri U. Jhunjhunwala, Mark Steels Ltd. Shri Amrik Singh, Modern India Concast Ltd. Shri Sitaram Agarwal, Super Smelters Shri Dipak Agarwal, Gagan Ferrotech Shri Pulak Kumar Neogy, Sr. manager, P&A, SPS Steels Rolling Mills Ltd.

Representing the Workers : (1) INTTUC - affiliated Unions : (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix)

Ms. Dola Sen, State President, INTTUC. West Bengal. Shri Probhat Chaterjee, District President, INTTUC, Burdwan. Shri Swapan Bauri, District President, INTTUC, Bankura. Shri Prafulla Kr. Mahato, District President, INTTUC, Purulia Shri Dinen Roy, District President, INTTUC, PaschimMedinipur Shri Samir Mukherjee, INTTUC, Burdwan District Shri Partha Guin, INTTUC, Bankura District. Shri Magan Ghosh, General Secretary, Ispat Damodar Ltd. Workers Union Shri Bholanath Karmakar, General Secretary, Shakambari Ispat Steel Pvt. Ltd. Workers Union (x) Shri Joy Chand Garai, General Secretary, D.D. International Pvt Ltd. Workers Union

275

(xi) Shri Somesh Mukherjee, General Secretary, S.P.S. Metal Cast Workers Union. (xii) Shri Arun Dhara, General Secretary, Joy Balaji (Unit-IV) Shramik Union (xiii) Shri Budheswar Mahato, Gen. Secy. Rashmi Sponge Iron (Unit-III) Workers Union ( 2 ) CITU affiliated Unions :

276

(i) Shri Nikhil Mukherjee, Convener, CCTUSMISI (CITU) (ii) Shri B.K. Chakraborty, (CITU) Burdwan District Committee (iii) Shri Kinkar Posak, (CITU) Bankura District Committee ( i v ) Shri Haradhan Jha, CITU, Raniganj ( v ) Shri Manoj Dutta, CITU, Jamuria. ( v i ) Shri Umapada Gope, CITU, Raniganj. (vii) Shri Uttam Shyam, CITU, Durgapur. (viii) Shri Bapi Banerjee, CITU, Durgapur, Angadpur. ( 3 ) INTUC affiliated Unions : ( i ) Shri Ramen Pandey, Working President, INTUC, West Bengal. (ii) Shri Bikash Ghatak, President, INTUC, Burdwan District. (iii) Shri Swapan Banerjee, General Secretary, INTUC, Burdwan District. 4. Short Recital of the Case : The Trade Unions mentioned above affiliated to the Central Trade Unions, like, INTTUC, CITU, INTUC representing the workers of different units of Sponge Iron, Ferro Alloy, Induction Furnace and Rolling Mill industries of West Bengal submitted their charters of demands on different dates in February, 2013 and March, 2013 to the Managements of the Units and to the Regional Labour Offices of the area for settlement of the issues mentioned therein. Coordination Committee of Trade Unions or Small, Medium Iron & Steel Industries (CITU) and West Bengal Pradesh National Trade Union Congress also in their letter dated 20.3.13 and 25.3.13 respectively sought the intervention of the Labour Department for settlement of the issues of the charters of demands submitted by their respective affiliated Trade Unions to the managements. The Charters of demands included, inter alia, the demand for a new wage settlement for the workers of the Sponge Iron, Ferro Alloys, Induction Furnace and Rolling Mill Industries of West Bengal in view of the expiry of the Industry-wise Tripartile Agreement, dt. 23.12.2010. The matter was taken up in conciliation. The Employers representative body West Bengal Iron & Steel Manufacturers Welfare Association in their letter dt. 1.4.2013 submitted that the industry was facing acute and tremendous problems for past sometime. The major problem is inadequate supply of Iron Ore, the principal raw material of the industry. The restrictive policy adopted by the Government of Orissa on Iron Ore lifting and transporting it to West Bengal has resulted in acute shortage of this raw materials for the Iron Industry of West Bengal. As a result, the industrial units are operating off and on with 30% of its installed capacity. Again, the supply of coal by Coal India at a regulated price has been reduced to a considerable extent. As a result, the industry is forced to import coal at a higher cost from other country. In addition,international recession is affecting adversely the Iron & Steel related industries. In view of this, the industry is not able to bear any additional financial burden at present and to increase the production cost causing further problem to the industry. On the other hand, the unions demanded for enhancement of wages

Important Settlements

and introduction of Dearness Allowance and certain other allowances for the workers of the industry. They demanded the wages of the workers of the industry in no circumstances shall be less than the current minimum rates of wages applicable to the workers of manufacturing and industrial establishments in West bengal. In course of the conciliation proceedings discussion by and between the parties came to a halt for a brief period when the Association withdrew themselves from the negotiation process. However after some time discussion was with the Association in separate conferences to sort out the problem. The good office of the Hon’ble MIC, Labour Department, Government of West Bengal was availed of. Ultimately after a protracted discussion in several separate and joint conferences, the dispute is settled by and between the parties this day of 5th June, 2014 before S.H. Askari, Addirional Labour Commissioner, Government of West Bengal on the following terms and conditions : 5. Terms of Settlement : It is agreed by and between the parties that ( 1 ) Wages of each worker will be increased as follows: ( a ) Rs. 1000/- per month will be increased over and above the existing monthly wage of each worker as on 01.02.2013. ( b ) The increase of Rs. 1000/- per month mentioned above, will be paid in two parts as follows: ( i ) 15% increase over and above the existing monthly base wage of each worker who belongs to such group of workers drawing a base wage Rs. 150/- or less daily and 10% increase over and above the monthly base wage of each worker who belongs to such group of workers drawing a base wage Rs. 151/- daily or above. (ii) The balance of Rs. 1000/- minus the 15% or 10% increase, as the case may be, over and above the existing monthly base wage mentioned above, will be paid as Special Allowance per month to each worker. [Note : Here, Base wage means the basic part of wage including annual increment, but with no other allowances included in it. As per existing practice in the industry, existing monthly base wage is calculated by multiplying the daily base wage by 30. For example, if the existing pre-revised daily base wage of a worker is Rs. 150, the existing pre-revised monthly base wage of the woker stands Rs. 150 × 30 = Rs. 4500. So, consequent to 15% increase as per terms mentioned above, the monthly base wage of Rs. 4500 will be revised to Rs. 4500 + Rs. 675 (15%) = Rs. 5175 So, the remaining Rs. 1000 - Rs. 675 = Rs. 325 per month will be paid as Special Allowance in this case. Similarly, if the existing pre-revised daily base wage of a worker is Rs. 160, the existing pre-revised monthly base wage of the worker stands Rs. 160 × 30 = 4800. So consequent to 10% increase as per terms mentioned above the monthly base wage of Rs. 160 × 30 = 4800. So consequent to 10% increase as per terms mentioned above the monthly base wage of Rs. 4800 will be revised to Rs. 4800 + 480 (10% increase) = Rs. 5280. So, the remaining Rs. 1000 – Rs. 480 = Rs. 520 per month will be paid as Special Allowance in this case.] ( 2 ) Any worker drawing pre-revised wage of Rs. 151 or more per day, if after revision through this agreement, stands to draw a basic wage which is eventually less than that of a worker drawing pre-revised wage of Rs. 150 or less, shall enjoy a pay protection ensuring a base wage higher than the latter. ( 3 ) House Rent Alowance (HRA) will be paid to each worker @ 5% on the revised

277

278

monthly base wage including annual increment. ( 4 ) A Calculation sheet (though not exhaustive) of some revised total monthly wages and total daily wages that will stand as per terms mentioned hereinabove of this agreement is given in annexure A which is a part of this agreement. ( 5 ) An Annual Increment of Wages @ Rs. 208 per month will be added to the revised monthly base wage of each worker on 1st March each year i.e. an Annual Increment of Rs. 8 per day (i.e. Rs. 208/26 = Rs. 8) will be added to the revised daily base wage of each worker on 1st March each year. This Annual Increment will be effective from 1st March, 2013. ( 6 ) According to the existing practice in the industry, the daily wage of a worker is derived by dividing the total monthly wages by 30. Henceforth, the daily wage of a worker will be calculated by dividing the total monthly wage including all admissible allowances by 26, not by 30. For the purpose of calculation of total wages payable to a worker for work done by him for any number of days, the daily wage of that worker is to be multiplied by the number of days actually worked by him. ( 7 ) (a) Each worker will be entitled to annual leave with wages as per provision of the factories Act, 1948. (b) Each worker will be allowed 12 days leave with wages for National Holidays and festival Holidays every year. ( 8 ) The employers will cover the workers under the provisions of the EPF & MP Act and the ESIC Act as applicable to them immediately, who are not yet covered by these Acts. ( 9 ) The employers will implement the provisions of all relevant Labour Laws including the Employees Compensation Act, 1923 as applicable in respect of their workers. The safety materials as per provisions of the Factories Act, 1948 shall be provided by each employer to each worker. Supply of potable drinking water, an arrangement for toilet and urinal shall be ensured by the employer as per provisions of the Factories Act, 1948. (10) All other existing benefits and practices/privileges enjoyed by the workers/ employees shall be continued. (11) The terms of this settlement shall be applicable to all categories of workers including un-skilled, semi-skilled, skilled, highly - skilled, loading and un-loading workers and supervisory staff who are treated as workers engaged directly or indirectly or through contractor by the employers. Piece rated workers engaged directly or indirectly or through contractor by the employers will also get the benefit of the revised wages proportionately. (12) The terms and conditions of this settlement will be applicable to all industrial units of Sponge Iron, Ferro Alloys, Induction furnace and Rolling Mill Industries in the State of West Bengal. (13) The total arrear wages and allowances payable to each worker consequent to the revision of Wages and Allowances under this agreement will be paid to each worker in 9 installments within the financial year of 2014-2015 ending in 31st March, 2015. (14) If any dispute arises over payment of Bonus under the Payment of Bonus Act, 1965, it will be settled at tripartite level. (15) If any dispute arises in the matter of implementation of any terms and conditions of this agreement, it will be resolved at tripartite level. (16) Every employer will issue appointment letter and identity card to all his/her workers mentioning the date of appointment and other particulars of the workers relating to his/her

Important Settlements

employment with immediate effect. (17) Each worker will be given wage slip of pay and allowances paid to him/her at the time of payment of wages. (18) Each worker will be given annual PF statement issued by Provident Fund Department, through respective Organization/Employer. (19) Each employer will install Biometric/Electronic attendance system for the purpose of recording attendance of the workers and this will be installed within 6 months from the signing of this agreement. However, the provision for maintaining attendance register, under the Factories Act, 1948 shall be complied with by the employers. (20) Both sides, the managements and the workers will cooperate with each other to maintain normalcy with respect to production. The workers shall maintain discipline at the work places by following the Rules & Regulations of the organization. (21) The agreement will be operative from 1st february, 2013 to 31st March, 2016. With this, the dispute is settled fully and finally. SIGNATURE OF EMPLOYERS REPRESENTATIVES REPRESENTATIVES

SIGNATURE OF UNION

Witness :

1.

Shri Partha Pratim Chakraborty, Deputy Labour Commissioner, Durgapur.

2.

Shri Shyamal Dutta Deputy Labour Commissioner, Kharagpur

3.

Shri Nirupam Mondol, Assistant Labour Commissioner, Durgapur

S.H.Askari, Conciliation Officer & Additional Labour Commissioner, Government of West Bengal

279

ANNEXURE - A Sample Calculation Sheet of Revised Wages SL.No.

280

Existing Wages

Revised Wages w.e.f.1.2.13

Revised Wages after 1st Annual Increment w.e.f. 1.3.2013

1.

Daily base wage : Rs.131 Monthly base Wage : Rs.131 × 30 = Rs.3930 H.R.A @ 5% = Rs. 196.50 Total Monthly Wage : Rs. 4126.50 Total daily wage : Rs.4126.50/30= Rs.137.55

Monthly base Wage : Rs. 3930 + 589.50 (15%increase)=4519.50 [email protected]%=225.97 Spl.Allowance = 410.50 Total Monthly Wage: Rs.5155.97 Total daily Wage : Rs.5155.97/ 26=Rs.198.30 (As per agreement to get daily wage, monthly wage is to be divided by 26)

Monthly base Wage : Rs. 4519 +208(Annual Increment) = Rs.4727.50 HRA @ 5%=236.37 Spl.Allowance=Rs.410.50 Total Monthly wage : 5374.37 Total daily wage=5374.37/ 26=206.70

2.

Daily base wage : Rs.150 Monthly base wage : Rs. 150 ×30=Rs.4500 H.R.A @ 5%=Rs.225 Total Monthly wage : Rs.4725 Total daily wage : Rs.4725/ 30=Rs.157.50

Monthly base Wage : Rs. 4500 + 675 (15%increase)=Rs.5175 [email protected]%=Rs.258.75 Spl.Allowance = Rs.325 Total Monthly Wage= Rs.5758.75 Total daily Wage = Rs.5758.75/ 26=Rs.221.49

Monthly base Wage : Rs. 5175 +208(Annual Increment) = Rs 5383 HRA @ 5%=269.15 Spl.Allowance=Rs.325 Total Monthly wage = Rs.5977.15 Total daily wage=Rs.5977.15/ 26=Rs.229.89

3.

Daily base wage : Rs.178 Monthly wage : 178×30=Rs.5340 H.R.A @ 5%=Rs.267 Total Monthly wage : Rs.5607 Total daily wage : Rs.5607/ 30=Rs.186.90

Monthly base Wage : Rs. 5340 + 534 (10%increase)=Rs.5874 [email protected]%=Rs.293.70 Spl.Allowance = Rs.466 Total Monthly Wage= Rs.6633.70 Total daily Wage = Rs.6633.70/ 26=Rs.255.70

Monthly base Wage : Rs. 5874 +208(Annual Increment) = Rs 6082 HRA @ 5%=304.10 Spl.Allowance=Rs.466 Total Monthly wage = Rs.6852.10 Total daily wage=Rs.6852.10/ 26=Rs.263.54

4.

Daily base wage : Rs.205 Monthly wage : Rs.205×30=Rs.6150 H.R.A @ 5%=Rs.307.50 Total Monthly wage : Rs.6457.50 Total daily wage : Rs.6457.50/ 30=Rs.215.25

Monthly base Wage : Rs. 6150 + 615 (10%increase)=Rs.6765 [email protected]%=Rs.338.25 Spl.Allowance = Rs.385 Total Monthly Wage= Rs.7488.25 Total daily Wage = Rs.7488.25/ 26=Rs.288

Monthly base Wage : Rs. 6765 +208(Annual Increment) = Rs 6973 HRA @ 5%=348.65 Spl.Allowance=Rs.385 Total Monthly wage = Rs.7706.65 Total daily wage=Rs.7706.65/ 26=Rs.296.40

5.

Daily base wage : Rs.240 Monthly wage : Rs.240×30=Rs.7200 H.R.A @ 5%=Rs.360 Total Monthly wage : Rs.7560 Total daily wage : Rs.7560/ 30=Rs.290.76

Monthly base Wage : Rs. 7200 + 720 (10%increase)=Rs.7920 [email protected]%=Rs.396 Spl.Allowance = Rs.280 Total Monthly Wage= Rs.8596 Total daily Wage = Rs.8596/ 26=Rs.330.61

Monthly base Wage : Rs. 7920 +208(Annual Increment) = Rs 8128 HRA @ 5%=406.40 Spl.Allowance=Rs.280 Total Monthly wage = Rs.8814.40 Total daily wage=Rs.8814.40/ 26=Rs.339.01

Additional Labour Commissioner West Bengal

Important Settlements

(II) MEMORANDUM OF SETTLEMENT 1. Names and addresses of the Parties : West Bengal Cold Storage Association (Affilliated to Bharat Chamber of Commerce) 9, Park Mansions, 2nd Floor Kolkata - 700 016. ---- AND----Their Workers represented by : 1. (i) (ii) (iii) (iv) (v) (vi) (vii)

For CITU : Federation of Cold Storage Employees Union, West Bengal. 85/3, G.T. Road (West), Serampore, Hooghly. Hooghly District Cold Storage Employees Union. Burdwan District Cold Storage Shramik Union. Paschim Medinipur Cold Storage Workers Union. Bankura Zilla Himghar Karmachari Union. Howrah District Cold Storage Employees Union. Jalpaiguri Zilla Cold Storage Shramik Karmachari Union.

2.

For INTTUC :

(i)

West Bengal Cold Storage Workers & Employees Union, Saktigarh Uttar Bazar, Banka Bridge Pally Shilpa Chira Mill, PO - Saktigarh, Burdwan - 713149. (ii) Bardhaman Zilla Cold Storage Shramik Karmachari Union. (iii) Burdwan District Cold Storage Permanent Workers Union. (iv) Paschim Medinipur Zilla Sthahi Himghar Shramik Union. (v) Bankura Zilla Himghar Sthahi Shramik Union. (vi) Uttarbang Himghar Workers Union. (vii) Birbhum Zilla Cold Storage Shramik Karmachari Union. (viii) Hooghly Zilla Cold Storage Shramik Karmachari Union.

2. Represnting the Management : 1. 2. 3. 4. 5. 6. 7. 8. 9.

Shri S.M. Jain, Chairman, Labour Committee, WBCSA Shri Rampada Paul - President, WBCSA Shri Naba Kumar Kundu - Vice-President Shri Gobind Kajaria - Treasurer Shri Patit Paban De Shri Sunil Kumar Rana Shri Kaushik Kundu Shri P K Saha - Labour Advisor

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3. Represention the Workers/Union : 1. For CITU : 1. Shri Prasanta Ghosh - President 2. Shri Nikhil Paramanik 3. Shri Apal Majhi 4. Shri Bidyut Ray 5. Shri Kinkar Posak 6. Shri Ashok Pal 7. Shri Tridib Chakrabarty 2. For INTTUC : 1. Shri Golam Jarjis - Working President 2. Abdul Sattar 3. S.K. Ajamat ali 4. Shri Saroj Pal 5. S.K. Jahirul Islam 6. Shri Radhashyam Kundu 7. Shri Ashis Ray 8. Shri Taracharan Roy Ghatak 9. Shri Gouranga Lal Basu

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Short recital of the case : Previous Industry - wise tripartite settlement in Cold Storage Industry in the State, signed on 04.10.2010 was valid up to 31.08.2013. Respective Unions submitted their Charter of Demands on 27.08.2013 and 27.06.2013 respectively. Several sittings were held at bipartite levels to discuss the Charter of Demands. Thereafter, the matter was reffered to the conciliation machinery where discussions were held. The Hon'ble MIC, Labour Department exercised his good office also. Finally a tripartite settlement is made today i.e. on 8th September, 2014 on the following terms and conditions. Terms of Settlement : It is agreed by and between the Parties that : (1) Grouping of the Cold Storages in the State will remain the same as per the last Agreement dated 04.10.2010. (2) (i) The Basic Wages of the existing workmen will be increased w.e.f. 01.09.2013 at a lumpsum amount as mentioned below : The lump sum amount, mentioned below against the following Groups of Cold Storages over and above the existing Basic Wages of the Workers w.e.f. 01.09.2013 shall be applicable :Group - categories Lump sum increase (Rs.) Cold Storages of monthly wages GROUP - A 20 GROUP - B 45 GROUP - C 85 GROUP - D 95 GROUP - F 125

Important Settlements

(iii)Workers joining on and after 01.09.2013 will not be entitled to this increase. (3) The rate of annual increment for all workmen shall be increased by Rs. 5/- over the existing annual increment w.e.f. 01.01.2014 including the workmen of Group - A category of cold storages. (4) Fixed DA, VDA and its Pegging Points : (i) The existing total VDA points of 1560 as on 31.03.2014 will be added to the existing fixed DA revising the pegging points from 4037 to 5597. As a consequence the fixed DA will stand at 5597 points as on 31.3.14. The rate of VDA per point shall be increased by 1 paisa on the existing rates of VDA and arrear payment will be made w.e.f. 1st September, 2013 on the increased points. (ii) VDA : The VDA will ve paid to each worker/employee over 5597 points w.e.f 1.4.2014 and payable at a rate mentioned herein above. (Base year ; 1960 = 100) (5) Medical Allowance : With effect from 01.09.2013 the Medical Allowance will be increased to Rs. 125/- Per Month from Rs. 90/-. (6) Payament of Bonus : All matters relating to payment of Bonus shall remain unchanged. The existing rate of 14% Bonus will continue to remain payable during the years covered by the present settlement. The Workmen engaged in the Units with higher rate of Bonus shall enjoy the same. (7) House Rent Allowance : The workers as defined under the West Bengal House Rent Allowance Act shall be entitled for House Rent in accordance with the relevant provision of the said Act. (8) Leave, PF, Insurance & Safety : The Provision of leave, P.F., Insurance & Safety shall be guided as per the tripartite settlement dated 10.03.2004 subject to the provisions of relevant Act/Rules. (9) Payment of Arrears : The arrear amounts payable to each worker out of the settlement shall be paid within one month from the signing of the Agreement. (10)General 1. Any existing benefit or facility now enjoyed by the workmen but not altered by this settlement shall continue. 2. If any extra payament is made for any extra work to a workman, the same shall continue provided the workman continues to put in such extra work. 3. In view of certain local problems faced by some Cold Storages in the matter of shift duty etc., the same would be discussed and resolved at bipartite level. 4. The union/workmen and the managment agree to extend all possible co-operation to each other for maintaining industrial and harmony in the units. 5. All other points raised by the union in course of diacussions but not covered under this settlement will be deemed to have been dropped.

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6.

Any difference of opinion between the parties whatsoever shall be resolved through constitutional methods. 7. The question of new recruitment is entirely a matter of managment prerogative. (11) In case, any dispute arises regarding any of the terms and conditions of the settlement the same may be referred to the conciliation officer for interpretation/clarification. This settlement comes into force w.e.f. 01.09.2013 and will remain valid up-to 31st July, 2017. With this the disputs is settled fully and finally. Signature of representatives of the Management

Signature of representatives of the Union / Workers For INTTUC :

S.H.Askari, Conciliation Officer & Additional Labour Commissioner, Govt. of West Bengal

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For CITU :

Important Settlements

(III) MEMORANDUM OF SETTLEMENT 1.

Name of the Parties : The Tea Plantation Industry in West Bengal represented by : 1. The Secretary General. CCPA, Royal Exchange Place, 6 NS. Road, Kolkata - 700001 2. The Secretary, DBITA, P.O. Binnaguri, Dt. Jalpaiguri. 3. The Secretary, TBITA, Bengdubi, P.O. Bagdogra. Dt. Darjeeling. 4. The Secretary, Darjeeling Tea Association. The Club, Darjeeling. 5. The Secretary, Darjeeling Indian Tea Association, P.O. & Dist. Darjeeling. 6. The Secretary, Tea Association of India, P.O. Ethelbari, Dt. Alipurduar/ Kadmtala, Dt. Darjeeling. 7. The Secretary, Terai Indian Planters Association. P.O. Matigara, Dt. Darjeeling. 8. The Advisor, Indian Tea Planters, Association, Jogesh Chandra Hall, Jalpaiguri. And The daily rated workmen employed in the Tea Plantation Industry in West Bengal repreaented by 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.

All West Bengal Tea Garden Labour Union (AWBTGLU). Cha Bangan Mazdoor Union (CBMU). Birpara. Darjeeling Cha Bagan Workers Union (DCBWU). Dooars Cha Bagan Workers Union (DCBWU), Kalchini. Darjeeling District Chia Kaman Mazdoor Union (DDCKMU), Siliguri. Darjeeling Terai Dooars’ Plantation Labour Union (DTDPLWU). Himalayan Plantation Workers Union (HPWU) Jatiya Cha Mazdoor Congress (JCMC) National Union of Plantation Workers (NUPW) Hamiltonganj/ Siliguri. North Bengal Cha Bagan Employees Union (NBCBEU). North Bengal Tea Plantation Employees Union (NBTPEU). Paschim Banga Cha Bagan Shramik Karmachari Union (PBCBSKU), 25, D.L. Roy Sarani, Mahanandapara, Siliguri 734001. Progressive Plantation Workers Union (PPWU). Nagrakata 735225. Progressive Tea workers Union (PTWU). Rastriya Cha Mazdoor Congress (RCMC). Tea Employees Association of West Bengal (TEAWB). Terai Dooars Plantation Workers Union (TDPWU). Terai Sangrami Cha Shramik Union (TSCSU).

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19. Trinamool Tea Plantation Workers Union (TTPWU). Hamiltonganj / Siliguri. 20. West Bengal Cha Mazdoor Sabha (WBCMS). 21. West Bengal Cha Shramik Union (WBCMS). 22. West Bengal Tea garden Employees Association (WBTGEA). 23. Zilla Cha Bagan Workers Union (ZCBWU). 24. The President, INTTUC, West Bengal, Kolkata. 25. Darjeeling Terai Dooars Chia Kaman Mazdoor Union, Darjeeling. 26. Uttarbanga Cha Bagicha Sramik Union (Mekhliganj). District. Coochbehar, PIN - 735304. 2. Short Recital of the Case : The industry-wise settlement in respect of the daily-rated workers of tea plantation industry dated 04.11.2011 expired on 31.03.2014. Operating trade union submitted their respective charter of Demands to the Labour Commissionerate on different dates and sought intervention of the Labour Commissioner. The Labour Commissioner, West Bengal intervened into the matter for an amicable settlement. Several separate and joint conferences were held on 25.02.2014, 12.03.2014, 18.06.2014, 16.07.2014, 07.08.2014, 08.08.2014, 15.12.2014, 16.12.2014 and 20th day of February, 2015. After protracted negotiation, the issue relating to the charter of demands regarding wage increase has been settled in presence of Shri Moloy Ghatak, Hon’ble Minister-in-Charge, Labour Department, Shri Subrata Mukherjee, Hon’ble MIC, Department of Panchayat and Rural Development & Public Health Engineering Department, and Shri Goutam Deb, Hon’ble Ministerin-Charge, North Bengal Development Department, on this 20th day of February, 2015 on the follwing terms and conditions :

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3. Terms of Settlement : (a) (i) The rates of wages of the daily rated workers of the tea gardens of Hill areas (Darjeeling, Kalimpcng and Kurseong Sub-divisions) shall be increased as follow: With effect from 01.04.2014 : From Rs. 90.00 per day to Rs. 112.50 (Rs. 90.00 + Rs. 17.50 + 5.00 [one time Allowance) per day. With effect from 01.04.2015 : From Rs. 112.50 per day to Rs. 122.50 per day With effect from 01.04.2016 : From Rs. 112.50 per day to Rs. 132.50 per day. (ii) The existing practice of payment of ELP in respect of tea gardens of Hill areas will be continued. (iii) The rates of wages of the daily rated workers of the tea gardens of Dooars and Terai Regions shall be increased as follow: With effect from 01.04.2014 : From Rs. 95.00 per day to Rs. 112.50 per day. With effect from 01.04.2015 : From Rs. 112.50 per day to Rs. 122.50 per day With effect from 01.04.2016 : From Rs. 112.50 per day to Rs. 132.50 per day. [(b) For the tea gardens in the Dooars and Terai Regions, the rate of Extra Leaf Prices - (ELP) shall be Rs. 3.00 per Kg. for production up to 6 kgs above the base task and Rs. 3.50 per Kg. for production of more than 6 Kgs. above the base task (weekly output to be determined on the basis of fixed daily task), with effect from the date of signing the agreement.

Important Settlements

(C) The existing rate of Additional Compensation will be increased from the date of signing this agreement in the following manner: (i) The rate of Rs. 4.00 per day will be increased to Rs. 7.50 per day. (ii) The rate of Rs. 4.50 per day will be increased to Rs. 8.50 per day.] (d) It has been decided that arrear payment for the period from 1st April, 2014 to 20th February, 2015 shall be made in three equal installments i.e. 1st installment before 31.03.2015, the 2nd installment before 30.06.2015 and the 3rd and last installment before 31.10.2015 and the payment as per revised rates of wages shall be made with effect from 21.02.2015 onwards. (ii) The State Government shall take up the issues raised by the emplovers with the Government of India for implementation of Central Government Schemes in Tea Plantation of North Bengal regarding food-grains, water supply sanitation and medical facilities under NRHM. (iii) The State Government shall take care of the interest of the employers and the plantation workers for the development of Tea Industry. The issues raised by the operating trade unions and employers Associations / CCPA regarding working hours, absenteeism and mechanization of tea production shall be reviewed after six months with a view to resolve grievances of the plantation workers and issues raised by the employers. (iv) The issue of enhancement of wages of staff and sub-staff shall be taken up shortly for arriving at an amicable settlement. (v) The parties shall maintain discipline and peace in the tea gardens. In case of any grievances / industrial disputes, the matter shall be resolved discussion without hampering normal work. (vi) Remaining issues, like two bela work, half-bela work, un-paid holidays, hours of work etc. raised by both of the parties will be taken up for conciliation at a subsequent tri-partite level meeting. (vii) The agreement shall come into force with effect from 01.04.2014 and shall remain in force till the minimum rates of wages become effective under the provisions of the Minimum Wages Act, 1948. However, the committee constituted by notification 20-MW/2W/16/2010 dated 17.02.2014 may give effort to submit the report as early as possible.

On behalf of the Employers

On behalf of the Workmen/Unions

1. The Secretary General, CCPA, Royal Exchange Place, 6, N.S. Road, Kolkata - 700001. 2. The Secretary, DBITA, P.O. Binnaguri, Dt. Jalpaiguri. 3. The Secretary, TBITA, Bengdubi, P.O. Bagdogra, Dt. Darjeeling. 4. The Secretary, Darjeeling Association. The Club, Darjeeling.

1. All West Bengal Tea Garden Labour Union (AWBTGLU, (INTTUC) 2. Cha Bagan Mazdoor Union (CBMU) 3. Darjeeling Cha Bagan Workers Union (DCBWU). 4. Dooars Cha Bagan Workers Union (DCBWU), Kalchini. 5. Darjeeling District Chia Kaman Mazdoor Union (DDCKMU). Siliguri. 6. Darjeeling Terai Dooars’ Plantation Labour Union (DTDPLU).

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5. The Secretary, Darjeeling Indian Tea Association, P.O. & Dist. Darjeeling. 6. The Secretary, Tea Association of India, P.O. Ethelbari, Dt. Alipurduar, Kadamtala, District Darjeeling. 7. The Secretary, Terai Indian Planters Association, P.O. Matigara, Dt. Darjeeling. 8. The Advisor, Indian Tea Planters Association, logesh Chandra Hall, Jalpaiguri.

7. Himalayan Plantation Workers Union (HPWU). 8. Jatiya Cha Mazdoor Congress (JCMC). 9. National Union of Plantation Workers (NUPW), Hamiltonganj. National Union of Plantation Workers (NUPW), Siliguri. 10. North Bengal Cha Bagan Employees Union (NBCBEU). 11. North Bengal Tea Plantation Employees Union (NBTPEU). 12. Paschim Banga Cha Bagan Shramik Karmachari Union (PBCBSKU). 13. Progressive Plantation Workers Union (PPWU). 14. Progressive Tea workers Union (PTWU). 15. Rastriya Cha Mazdoor Congress (RCMC) 16. Tea Employees Association of West Bengal (TEAWB). 17. Terai Doors Plantation Workers Union (TDPWU). 18. Terai Sangrami Cha Shramik Union (TSCHU). 19. Trinamool Tea Plantaiton Workers Union (TTPWU). Hamiltanganj. Trinamool Tea Plantaiton Workers Union (TTPWU). Siliguri. 20. West Bengal Cha Mazdoor Sabha (WBCMS) 21. West Bengal Cha Shramik Union (WBCSU) 22. West Bengal Tea garden Employees Association (WBTGEA). 23. Zilla Cha Bagan Workers Union (ZCBWU). 24. The President INTTUC, West Bengal. Kolkata. 25. Darjeeling Terai Dooars Chia Kaman Mazdoor Union, Darjeeling. 26. Uttarhanga Cha Bagicha Sramik Union (Mekhliganj), District. Coochbehar, PIN-735304.

(Jawaid Akhtar) Conciliation Officer & Labour Commissioner, West Bengal

Witnesses :

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1.

Pashupati Ghosh Addl. Labour Commissioner, West Bengal.

2.

Md. Rizwan, Joint Labour Commissioner, North Bengal Zone.

Important Settlements

(iv) MEMORANDUM OF SETTLEMENT 1. Name of the Parties

Employers of Jute Mills of West Bengal And Their workmen represented by :

(1) (2) (3) (4) (5) (6) (7) (8)

Bengal Chatkal Mazdoor Union, 53, A.J.C. Bose Road, Kolkata - 700 014. National Union of Jute Workers, 41B Kabitirtha Sarani,1st Fl. Kidderpore, Kolkata - 700 023. Federation of Chatkal Mazdoor Union, 50/1, Nirmal Ch. Street, Kolkata - 700 013. Rastriya Chatkal Mazdoor Union, C/o. Supreme Law Chamber, 5, K.S. Roy Road, Kolkata - 1. Jute Textile Workers Union, 5, Abhoy Mukherjee Lane, Kolkata - 700 056. Bengal Provincial Chatkal Mazdoor Union, 249, Bipin Behari Ganguly St. Kolkata - 700 012. Paschimbanga Chatkal Mazdoor Federation, 52/7, B.B. Ganguly Street, Kolkata - 700 012. All India Jute Textile Workers Federation, 26, Dr. SudhirBasu Road, Port Sramik Bhawan Khidderpur Kolkata - 700 023. (9) National Union of Jute Workers, 24/D, Ekbalpur Lane, Kolkata - 700 023. Corres Address : 88, M.G. Road, P.O Budge Budge, South 24 pgs. Kolkata - 700 137. (10) All India Jute Workers Federation, 53, A.J.C. Bose Road, Kolkata - 700 016. (11) Indian National Jute Workers Federation, 177B, A.J.C. Bose Road, Kolkata - 700 016. (12) Indian Federation of Jute Textile Workers, 10, Government Place, Kolkata - 700 001. (13) West Bengal National Jute Mill Shramik Union 1, Mirbahar Street, Kolkata. (14) Jute Workers Federation. 154, G.T. Road (S), Howrah - 711 102. (15) All India Federation of Jute Workers, 50/1, Nirmal Ch. Street, Kol-700 013. (16) Bharatiya Jute Mazdoor Sangh, 10 K.S. Roy Road, Kolkata - 700 001. (17) Bengal Jute Mills Workers’ Union, 48, Lenin Sarani Kolkata - 700 013, Corrs. Address : 77/2/1, Lenin Sarani, Kolkata -13 (18) West Bengal Chatkal Shramik Karmachari Union, 129/A, Karl Marx Sarani, Kolkata - 700 023. (19) National Union of Jute Textile Workers, 2A, Hazi Md. Mahasin Square, Kolkata - 700 016. (20) Bengal Chatkal Mazdoor Forum, 21/1/1, Creek Row, Kolkata - 700 014. (21) National Federation of Jute Workers, A/18F/1, Sahanagore Road, Kolkata - 700026. (22) State President, Indian National Trinamool Trade Union Congress, Trinamool Congress Bhawan, 36G, Topsia Road, Kolkata - 700 100. 2. Representatives of Employers (a) For Indian Jute Mills Association : 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

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(b) For Individual Jute Mills 1. Alliance Mills (Lesses) Ltd. 2. Aditya Translink Private Ltd. 3. Agarpara Jute Mills Ltd. 4. Ambica Multifibres Ltd. (Unit : Ambica Mills) 5. The Angus Co. Ltd. 6. Bally Jute Co. Ltd. 7. Birla corporation Ltd. 8. Budge Budge Co. Ltd. 9. The Calcuta Jute Mfg. Co. Ltd. 10. Cheviot Co. Ltd. 11. Chitavalsah Jute Mills (Williard India Ltd.) 12. Dalhousie Jute Co. Ltd. 13. Delta Limited. 14. Premium Agro Exports Ltd. (Unit: Eastern Jute Mills) 15. The Empire Jute Co. Ltd. 16. East India Commercial Co. Ltd. (Unit : Sh. Krishna Jute Mills) 17. The Ganges Mfg. Co. Ltd. 18. Gloster Jute Mills Ltd. 19. Hastings Jute Mills (MurlidharRatanlal Exports) 20. Hooghly Mills Co. Ltd. 21. Hooghly Mills Projects Ltd. 22. Howrah Mills. Co. Ltd. 23. Jagatdal Jute & Industries Ltd. 24. Kamarhatty Co. Ltd. 25. Trend VyaparPvt. Ltd. 26. Mahabir Jute Mills Ltd. 27. Mahadeo Jute & Industries Ltd. 28. PadamMercantilespvt. Ltd. (Meghna Jute Mills) 29. Naihati Jute Mills Co. Ltd. 30. Prabartak Jute Mills Ltd. 31. Reliance Jute Mills (International) Ltd. 32. Rameswara Jute Mills (Winsome International Ltd.) 33. Vijayshree Ltd. (Fort William Jute Mills) 34. A I Champdany Ind. Ltd. (Anglo India Jute Mills) 35. Auckland International Ltd. (Auckland Jute Mills) 36. Baranagore Jute Factory Plc. 37. W.B. Agro text Corpn. Ltd. 38. A.I. Champdany Industries Ltd. *Wellington Jute).

Important Settlements

39. Caledonian Jute & Industries Ltd. 40. Delta Ltd. 41. Kanoria Jute & Industries Ltd. 42. Kanknarrah Co. Ltd. 43. Ludlow Jute Mills. 44. Nafar Chand Jute Mills. 45. New Central Jute Mills. Co. Ltd. 46. North Brook Jute Co. Ltd. 47. KMP Jute Mills Ltd. (Nuddea Jute Mills) 48. Bristi Vinimay Pvt. Ltd. (Premchand Jute Mills) 49. Gouri Shankar Jute Mills Ltd. 50. Tepcon International (India) Ltd. (Hanuman Jute) 51. RDB Textiles Ltd. (Victoria Jute Works) 52. Tirupati Jute Industries Ltd. 53. Loomtex Engg. Pvt. Ltd. (Titagarh No. 2 Jute Mill) Representing Workmen/Union: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22)

Bengal Chatkal Mazdoor Union National Union of Jute Workers Federation of Chatkal Mazdoor Union Rastriya Chatkal Mazdoor Union Jute Textile Workers Union Bengal Provincial Chatkal Mazdoor Union Paschimbanga Chatkal Mazdoor Federation All India Jute Textile Workers Federation National Union of Jute Workers All India Jute Workers Federation Indian National Jute Workers Federation Indian Federation of Jute Textile Workers West Bengal National Jute Mill Sharamik Union Jute Workers Federation All India Federation of Jute Workers Bharatiya Jute Mazdoor Sangh Bengal Jute Mills Workers’ Union West Bengal Chatkal Shramik karmachari Union National Union of Jute Textile Workers Bengal Chatkal Mazdoor Forum National Federation of Jute Workers State President, Indian National Trinamool Trade Union Congress

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4. SHORT RECITAL OF THE DISPUTE A group of twenty Trade Unions namely Bengal Chatkal Mazdoor Union, National Union of Jute Workers, Federation of Chatkal Mazdoor Union, Rastriya Chatkal Mazdoor Union, Jute Textile Workers Union, Bengal Provincial Chatkal Mazdoor Union, Paschimbanga Chatkal Mazdoor Federation, All India Jute Textile Workers Federation, National Union of Jute Workers, All India Jute Workers Federation, Indian National Jute Workers Federation, Indian Federation of Jute Textile Workers, West Bengal National Jute Mill Sharamik Union, Jute Workers Federation, All India Federation of Jute Workers, Bharatiya Jute Mazdoor Sangh, Bengal Jute Mills Workers Union, West Bengal Chatkal Shramik Karmachari Union, National Union of Jute Textile Workers, Bengal Chatkal Mazdoor Forum operating in Jute Industry, National Federation of Jute Workers and Indian National Trinamool Trade Union Congress, West Bengal raised fresh Charter of Demands as the last tripartite agreement dated 12.02.2010 was expired after a period of three years from the date of settlement. On receipt of the Charter of Demands from the unions the matter was taken up for conciliation and after several meeting the matter was settled amicably before Sri Moloy Ghatak, Minister In-Charge, Labour Department on 02.04.2015 on the following terms and conditions :5.

TERMS OF SETTLEMENT

It is agreed by and between the parties that– (I) Regarding the existing workers of the mill, the Management agrees to pay onetime ad-hoc payment of Rs. 26/- per month (for 208 hours) to all categories of workman including new entrants and it shall be added with the Basic Wages.

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(II)

The DA shall continue as per the rise of fall of CPI @ Rs. 1.90 per point to the workmen in four quarters every year i.e. on 1st February, 1st May, 1st August & 1st November.

(III)

The new entrants after execution of this agreement shall be paid Rs. 257/- only per day in lieu of Rs. 157/- as the entry level minimum payment. They will also be entitled to future D.A. increase. The existing workers getting below the settled amount, if any, shall get the agreed amount on and from the date of execution of this agreement. On the other hand, the workers getting more than the agreed amount shall continue to enjoy the same.

(IV)

The Management shall ensure the payment of D.A. if unpaid, as per clause 5(1) of the agreement dated 10.02.2010.

(V)

The Management agrees to pay last drawn wages to the retired workers in cases of reemployment. However, it will not be applicable to those who have been paid all their retirement dues and after discontinuation of the employer employee relationship.

(VI)

A committee consisting of the representatives of the Labour Department, workers and the Management headed by experts shall review the question of maintenance of the strength of permanent and special badlies in the ratio of 90% and 20% respectively millwise and shall submit their report within six months to the Government, which will take steps to implement it.

(VII) For the time being, it is, however, agreed to by and between the parties that 5000 (Five Thousand) Workmen shall be made permanent from amongst the special badlies in respect of all Mills proportionately and a similar number of badlies will be promoted to the category

Important Settlements

of special badlies. The Identity Cards will be issued to all workers and no worker will be allowed to work in the mill without the same. (VIII) There Shall be no contractual worker affecting the existing workers inside the mill, both for perennial and other jobs. (IX)

The demands for grades and scales of pay for the workers and related matters will be covered under the West Bengal Jute Policy.

(X)

It has been agreed that this settlement will remain in operation for a period of three years with effect from the date of signing of this tripartite agreement and shall continue to remain in operation thereafter till it is terminated by statutory notice in accordance with the provision of the Industrial Disputes Act. 1947.

(XI)

After execution of this agreement, the management shall not enter in any bipartite agreement at the mill level with regard to financial emoluments covered by this agreement.

(XII) House rent allowance will be paid as per Law. (XIII) The Management Shall provide and continue Canteen facility in no-profit-no-loss basis. (XIV) The mill Management shall arrange individual electric meter for every quarter and the electric consumption charge will be borne by the respective worker, However, the Management will make all efforts to provide domestic meter, if the electric supply authority allows. (XV) This agreement will be applicable to all operating 84 no. s (list attached) Jute mills existing in West Bengal. SIGNATURE OF THE EMPLOYERS

SIGNATURE OF THE REPRESENTATIVE OF UNION

INDIAN JUTE MILLS ASSOCIATION

(1) Bengal Chatkal Mazdoor Union

(1)

(2) National Union of Jute Workers

(2) (3)

(3) Federation of Chatkal Mazdoor Union (4) Rastriya Chatkal Mazdoor Union (5) Jute Textile Workers Union (6) Bengal Provincial Chatkal Mazdoor Union (7)Paschimbanga Chatal Mazdoor Federation (8) All India Jute Textile Workers Federation (9) National Union of Jute Workers (10) All India Jute Workers Federation (11) Indian National Jute Workers Federation (12) Indian Federation of Jute Textile Workers (13) West Bengal National Jute Mill Shramik Union (14) Jute Workers Federation (15) All India Federation of Jute Workers (16) Bharatiya Jute Mazdoor Sangh (17) Bengal Jute Mills Workers’ Union

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(18) West Bengal Chatkal Sharamik Karmachari Union (19) National Union of Jute Textile Workers (20) Bengal Chatkal Mazdoor Forum (21) National Federation of Jute Workers (22) State President, Indian National Trinamool Trade Union Congress

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INDIVIDUAL JUTE MILLS 1. Alliance Mills (Lesses) Ltd. 2. Aditya Translink Private Ltd. 3. Agarpara Jute Mills Ltd. 4. Ambica Multifibres Ltd. (Unit : Ambica Mills) 5. The Angus Co. Ltd. 6. Bally Jute Co. Ltd. 7. Birla Corporation Ltd. 8. Budge Budge Co. Ltd. 9. The Calcutta Jute Mfg. Co. Ltd. 10. Cheviot Co. Ltd. 11. Chitavalsah Jute Mills (Willard India Ltd.) 12. Dalhousie Jute Co. Ltd. 13. Delta Limited 14. Premium Agro Exports Ltd. (Unit : Eastern Jute Mills) 15. The Empire Jute Co. Ltd. 16. East India Commercial Co. Ltd (Unit : Sh. Krihna Jute Mills) 17. The Ganges Mfg. Co. Ltd. 18. Gloster Jute Mills Ltd. 19. Hastings Jute Mill (Murlidhar Ratanlal Exports) 20. Hooghly Mills Co. Ltd. 21. Hooghly Mills Projects Ltd. 22. Howrah Mills Co. Ltd. 23. Jagatdal Jute & Industries Ltd. 24. Kamarhatty Co. Ltd. 25. Trend Vyapaar Pvt. Ltd. 26. Mahabir Jute Mills Ltd. 27. Mahadeo Jute & Industries Ltd. 28. Padam Mercantiles Pvt. Ltd. (Meghna Jute Mills) 29. Naihati Jute Mills Co. Ltd. 30. Prabartak Jute Mills Ltd. 31. Reliance Jute Mills (International) Ltd. 32. Rameswara Jute Mills (Winsome International Ltd.) 33. Vijayshree Ltd. (Fort William Jute Mills) 34. A. I Champdany Ind. Ltd. (Anglo India Jute Mills) 35. Auckland International Ltd. (Auckland Jute Mills) 36. Baranagore Jute Factory Plc. 37. W.B. Agro Text. Corpn. Ltd.

Important Settlements

38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53.

A. I Champdany Industries Ltd. (Wellington Jute) Caledonian Jute & Industries Ltd. Delta Limited Kanoria Jute & Industries Ltd. Kankinarrah Co. Ltd. Ludlow Jute Mills. Naffar Chand Jute Mills Ltd. New Central Jute Mills Co. Ltd. North Brook Jute Co. Ltd. KMP Jute Ltd. (Nuddea Jute Mills) Bristi Vinimay Pvt. Ltd. (Premchand Jute Mills) Gouri Shankar Jute Mills Ltd. Temcon International (India) Ltd. (Hanuman Jute) RDB Textiles Ltd. (Victoria Jute Works) Tirupati Jute Industries Ltd. Loom Engineering Pvt. Ltd. (Titagarh No. 2 Jute Mills)

295

F

Important Notifications No. 177(I)

Registered No. WB/SC-320

The Gazette

Kolkata Extraordinary Published by Authority ASVINA 28]

MONDAY, OCTOBER 20, 2014

[SAKA 1936

PART I—Orders and Notifications by the Governor of West Bengal, the High Court, Government Treasury, etc.

GOVERNMENT OF WEST BENGAL LABOUR DEPARTMENT M. W. Branch NOTIFICATION

No. 54-MW/MW/2W-32/13. —10th September 2014. —Whereas the Governor is of opinion that minimum rates of wages should be fixed under the Minimum Wages Act, 1948 (11 of 1948), in respect of the following employments in the State of West Bengal; Now therefore, in exercise of the power conferred by section 27 of the Minimum Wages Act, 1948 (11 of 1948), the Governor is pleased hereby to give notice of 3 months of its intention to add to Part-I of the Schedule to the said Act, the following employments after serial No. 61 of the Part I of the said schedule for the purposes of the said Act:— “63. Bottling and Packaging Industry; 64. Confectionery and Sweets Manufacturing; 65. Clinical Establishments including Pathological Laboratories and Diagnostic Centres; 66. Garments Manufacturing Industry; 67. Saloons and Beauty Parlours; 68. Ice Factory; 69. Any Establishment in which manufacturing activity as defined under section 2 (k) of the Factories Act is carried out and is not covered under any of the other scheduled employments; 70. Automobile Engineering, Repairing Workshop & Garages;

296

71. Private Hospitals and Research Centres not carried on by the Government or Government notified local authorities;

THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 20, 2014

[PART I

72. Laundries, Laundry Services, Cleaning and Dyeing Plants / Units / Shops; 73. Beverage Manufacturing & Vending Establishments; 74. Fishing Activities including River & Deep Sea Fishing; 75. Transportation, Marketing & Distribution of Petroleum Products and Cookcing Gas including Petrol Pumps; 76. Non-Banking Private Financial Institutions. 77. Jewellery Manufacturing Industry; 78. Ice Cream and Candy Manufacturing; 79. Floor and Wall Tiles Manufacturing; 80. Bought Tea Leaf Factory; 81. Courier Service; 82. Leather Goods Industry; 83. Loading & Unloading Operations; 84. Rolling of Iron Rods, Plates, Angles etc. and Rolling Mills; 85. Wood Works and Furniture Industry; 86. Information Technology Industry; 87. Malls, Multiplexes, Departmental Stores and Mega Stores; 88. Biscuit Manufacturing; 89. Consumer Co-operative Societies, Primary Agricultural Co-operative Societies / Marketing Societies; 90. Sponge Iron, Ferro alloys and Induction Furnaces; 91. Establishments as defined under the West Bengal Shops and Establishments Act, 1963; 92. Hotels and Restaurants including Boarding Houses, Eating Houses, Canteens, Clubs and Guest Houses.”

By order of the Governor, SITAL CHANDRA MONDAL, O.S.D.&Ex-officio, Dy. Secy, to the Govt, of West Bengal.

Published by the Controller of Printing and Stationery, Govt. of West Bengal and printed by the Superintendednt, Govt. Printing, West Bengal, at the West Bengal Government Press, Alipore.

297

No. 16(I)

Registered No. WB/SC-320

The Gazette

Kolkata Extraordinary Published by Authority PAUSA 25]

THURSDAY, JANUARY 15, 2015

[SAKA 1936

PART I—Orders and Notifications by the Governor of West Bengal, the High Court, Government Treasury, etc.

GOVERNMENT OF WEST BENGAL LABOUR DEPARTMENT L. W. Branch NOTIFICATION

No. 650-LW/LW/3 A-01/14.—22nd October, 2014.—In exercise of the power conferred by Section 4 of the Industrial Disputes Act, 1947 (14 of 1947) and in supersession of all previous Notifications in the matter, the Governor is pleased hereby to appoint the persons mentioned in the entries in column (1) of the table below, to be the Conciliation Officers for the purpose of the said Act, and to define the limits shown in the corresponding entries in column (2) thereof within which such Conciliation Officers shall exercise the powers conferred on them by and under the said Act. Designation of the Conciliation Officers (1) Labour Commissioner, West Bengal

Jurisdiction (2) Whole of West Bengal

Additional Labour Commissioner, West Bengal

Whole of West Bengal

Joint Labour Commissioner, West Bengal

Whole of West Bengal

Deputy Labour Commissioner, West Bengal

Whole of West Bengal

Assistant Labour Commissioner, West Bengal

Respective areas under the Regional Labour Office (RLO) for which he holds charge

298

By order of the Governor, SITAL CHANDRA MONDAL, Jt. Secy. to the Govt. of West Bengal.

THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 15, 2015

[PART I

NOTIFICATION No. 651-LW/LW/3A-01/14.—22nd October, 2014.—In exercise of the power conferred by Section 4 of the the Industrlal Disputes Act, 1947 (Act 14 of 1947) and in supersession of all previous Notification in the matter, the Governor is pleased hereby in the interest of Public Service to demarcate the area and Jurisdiction of the Conciliation Officers posted in 68 Regional Labour offices in West Bengal as noted in column II of the Schedule below with Headquarters as mentioned in Column III, distrlct in Column IV and area & Jurisdiction thereof as mentioned in Column V therein : THE SCHEDULE SI. No.

Name of the Regional Labour Office (RLO)

Headquarters

District

Area & Jurisdiction

I

II

III

IV

V

1

RLO, Coochbehar

Coochbehar

Coochbehar

Coochbehar Sadar Sub division of Coochbehar District

2

RLO, Mathabhanga

Mathabhanga

Coochbehar

Mathabhanga Sub division of Coochbehar District

3

RLO, Mekhliganj

Mekhliganj

Coochbehar

Mekhliganj Sub division of Coochbehar District

4

RLO, Dinhata

Dinhata

Coochbehar

Dinhata Sub division of Coochbehar District

5

RLO, Tufanganj

Tufanganj

Coochbehar

Tufanganj Sub division of Coochbehar District

6

RLO, Jalpaiguri

Jalpaiguri

Jalpaiguri

Jalpaiguri Sub division of Jalpaiguri District (Except area falling within Siliguri Municipal Corporation)

7

RLO, Malbazar

Malbazar

Jalpaiguri

Malbazar Sub division of Jalpaiguri District

8

RLO, Birpara

Birpara

Alipurduar

Falakata, Birpara-Madarihat and Kalchini Blocks of Alipurduar District

9

RLO, Alipurduar

Alipurduar

Alipurduar

Kumargram, Alipurduar-I and Alipurduar-II Blocks and Alipurduar Municipality of Alipurduar District

299

PART I]

300

THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 15, 2015

10

RLO, Darjeeling

Darjeeling

Darjeeling

Darjeeling Sadar Sub division of Darjeeling District

11

RLO, Kurseong

Kurseong

Darjeeling

Kurseong Sub disivion of Darjeeling District

12

RLO,Kalimpong

Kalimpong

Darjeeling

Kalimpong Sub division of Darjeeling District

13

RLO, Siliguri

Siliguri

Darjeeling

14

RLO,Raiganj

Raiganj

Uttar Dinajpur

15

RLO, Islampur

Islampur

Uttar Dinajpur

16

RLO, Balurghat

Balurghat

Dakshin Dinajpur

17

RLO, Gangararapur

Gangarampur

Dakshin Dinajpur

18

RLO, Malda

Malda

Malda

19

RLO,Chanchal

Chanchal

Malda

20

RLO, Berhampore

Berhampore

Murshidabad

21

RLO, Kandi

Kandi

Murshidabad

22

RLO, Jangipur

Jangipur

Murshidabad

23

RLO, Lalbag

Lalbag

Murshidabad

24

RLO, Suri

Suri

Birbhum

25

RLO, Bolpur

Bolpur

Birbhum

26

RLO, Rampurhat

Rampurhat

Birbhum

27

RLO, Bankura

Bankura

Bankura

28

RLO,Bishnupur

Bishnupur

Bankura

29

RLO, Khatra

Khatra

Bankura

Khatra Sub division of Bankura District

30

RLO, Purulia Sadar East

Purulia

Purulia

Purulia Sadar East Sub division of Purulia District

31

RLO, Purulia Sadar West

Purulia

Purulia

Purulia Sadar West Sub division of Purulia District

32

RLO, Raghunathpur

Raghunathpur

Purulia

Raghunathpur Sub division of Purulia District

Siliguri Sub division of Darjeeling District and area of Jalpaiguri District falling within Siliguri Municipal Corporation Raiganj Sadar Sub division of Uttar Dinajpur District Islampur Sub division of Uttar Dinajpur District Balurghat Sadar Sub division of Dakshin Dinajpur District Gangarampur Sub division of Dakshin Dinajpur District Malda Sadar Sub division of Malda District Chanchal Sub division of Malda District Berhampur Sadar Sub division of Murshidabad District Kandi Sub division of Murshidabad District Jangipur Sub division of Murshidabad District Lalbag Sub division of Murshidabad District Suri Sadar Sub division of Birbhum District Bolpur Sub division of Birbhum District Rampurhat Sub division of Birbhum District Bankura Sadar Sub division of Bankura District Bishnupur Sub division of Bankura District

THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 15, 2015 33

RLO, Bardhaman Sadar North

Bardhaman

Bardhaman

34

RLO, Bardhaman Sadar South

Bardhaman

Bardhaman

35

RLO, Asansol

Asansol

Bardhaman

36

RLO, Durgapur

Durgapur

Bardhaman

37

RLO,Kalna

Kalna

Bardhaman

38

RLO, Katwa

Katwa

Bardhaman

39

RLO, Kalyani

Kalyani

Nadia

40

RLO, Ranaghat

Ranaghat

Nadia

41

RLO, Krishnanagar

Krishnanagar

Nadia

42

RLO,Tehatta

Tehatta

Nadia

43

RLO, Serampore

Serampore

Hooghly

44

RLO, Chandannagar

Chandannagar

Hooghly

45

RLO, Chinsura

Chinsura

Hooghly

46

RLO, Arambag

Arambag

Hooghly

47

RLO, Howrah

Howrah

Howrah

48

RLO,Uluberia

Uluberia

Howrah

49

RLO, Kharagpur

Kharagpur

Paschim Medinipur

50

RLO, Medinipur

Medinipur

Paschim Medinipur

51

RLO,Ghatal

Ghatal

52

RLO, Jhargram

Jhargram

53

RLO, Haldia

Haldia

54

RLO, Tamluk

Tamluk

55

RLO, Contai

Contai

56

RLO, Egra

Egra

Paschim Medinipur Paschim Medinipur Purba Medinipur Purba Medinipur Purba Medinipur Purba Mcdinipur

[PART I

Bardhaman Sadar North Sub division of Bardhaman District Bardhaman Sadar South Sub disivion of Bardhaman District Asansol Sub division of Bardhaman District Durgapur Sub division of Bardhaman District Kalna Sub division of Bardhaman District Katwa Sub division of Bardhaman District Kalyani Sub division of Nadia District Ranaghat Sub division of Nadia District Krishnanagar Sub division of Nadia District Tehatta Sub division of Nadia District Serampore Sub division of Hooghly District Chandannagar Sub division of Hooghly District Chinsura Sub division of Hooghly District Arambag Sub division of Hooghly District Howrah Sadar Sub division of Howrah District Uluberia Sub division of Howrah District Kharagpur Sub division of Paschim Medinipur District Paschim Medinipur Sadar Sub division of Paschim Medinipur District Ghatal Sub division of Paschim Medinipur District Jhargram Sub division of Paschim Medinipur District Haldia Sub division of Purba Medinipur District Tamluk Sadar West Sub division of Purba Medinipur District Contai Sub division of Purba Medinipur District Egra Sub division of Purba Medinipur District

301

PART I]

302

THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 15, 2015

57

RLO, Barrackpore

Barrackpore

North 24 Parganas

Barrackpore Sub division of North 24 Parganas District

58

RLO, Barasat

Barasat

North 24 Parganas

Barasat Sadar Sub disivion of North 24 Parganas District

59

RLO, Basirhat

Basirhat

North 24 Parganas

Basirhat Sub division of North 24 Parganas District

60

RLO, Bongaon

Bongaon

North 24 Parganas

Bongaon Sub division of North 24 Parganas District

61

RLO, Bidhannagar

Bidhannagar

North 24 Parganas

Bidhannagar Sub division of North 24 Parganas District

62

RLO, Alipore

Alipore

South 24 Parganas

Alipore Sadar Sub division including Kolkata Municipal Corporation Ward Nos. 101 and upwards

63

RLO, Baruipur

Baruipur

South 24 Parganas

Baruipur Sub division of South 24 Parganas District

64

RLO, Canning

Canning

South 24 Parganas

Canning Sub division of South 24 Parganas District

65

RLO, Kakdwip

Kakdwip

South 24 Parganas

Kakdwip Sub division of South 24 Parganas Disrict

66

RLO, Diamond Harbour

Diamond Harbour

South 24 Parganas

Diamond Harbour Sub division of South 24 Parganas Disrict excluding Falta Free Trade Zone, Falta Industrial Growth Centre consisting of Sectors III, IV, V & VI of Kalatala Hat G.P. under Diamond Harbour-II Block

67

RLO, Falta

Falta

South 24 Parganas

Falta Free Trade Zone, Falta Industrial Growth Centre consisting of Sectors III, IV, V & VI of Kalatala Hat G.P. under Diamond Harbour-II Block

68

RLO, Kolkata

Kolkata

Kolkata

Kolkata Municipal Corporation Ward Nos. 1 to 100

By order of the Governor, SITAL CHANDRA MONDAL,

Jt. Secy. to the Govt. of West Bengal.

THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 15, 2015

[PART I

NOTIFICATION No. 652-LW/LW/3A-01/14.—22nd October, 2014.—In exercise of the power conferred by Section 6 of the Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970) and in supersession of this department notification No. 131 LW/LW/3A-27/ 79, dated the 7th February, 1980, and No. 17-LW/LW/LW/3A-5/86 dated, Calcutta the 7th January, 1988, the Governor is pleased hereby to appoint the persons mentioned in the entries in column (1) of the table below, to be the Registering Officers for the purpose of Chapter III of the Act, and to define the limits shown in the corresponding entries in column (2) thereof within which such Registering Officers shall exercise the powers conferred on them by and under the said Act. The Schedule Designation of the Registering Officer (1) Assistant Labour Commissioner.

Jurisdiction (2) Respective area for which he holds charge as Assistant Labour Commissioner. By order of the Governor, SITAL CHANDRA MONDAL, Jt. Secy. to the Govt. of West Bengal.

NOTIFICATION No. 653-LW/LW/3A-01/14.—22nd October, 2014.—In exercise of the power conferred by Section 11 of the Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970) and in supersession of this department notification No. 130-LW/ LW/3A-27/ 79, dated the 7th February, 1980, and No. 19-LW/LW/LW/3A-5/86 dated, Calcutta the 7th January, 1988, the Governor is pleased hereby to appoint the persons mentioned in the entry in column (1) of the table below, to be the Licensing Officers for the purpose of Chapter IV of the Act, and to define the limits shown in the corresponding entries in column (2) thereof within which such Licensing Officers shall exercise the powers conferred on them by and under the said Act. Designation of the Licensing Officer (1) Assistant Labour Commissioner.

Jurisdiction (2) Respective area for which he holds charge as Assistant Labour Commissioner. By order of the Governor, SITAL CHANDRA MONDAL, Jt. Secy. to the Govt. of West Bengal.

NOTIFICATION No. 654-LW/LW/3A-01/14.—22nd October, 2014.—In exercise of the power conferred by Section 15 of the Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970) and in supersession of all previous Notifications in this matter, the Governor is pleased hereby to appoint the persons mentioned in the entry in column (1) of the table below, to be the Appellate Officers for the purposes of Chapters III and IV of the Act, and to define the limits shown in the corresponding entries in column (2) thereof within which such Appellate Officers shall exercise the powers conferred on them by and under the said Act. Designation of the Appellate Officer (1) Deputy Labour Commissioner.

Jurisdiction (2) Respective area for which he holds charge as Deputy Labour Commissioner. By order of the Governor, SITAL CHANDRA MONDAL, Jt. Secy. to the Govt. of West Bengal.

303

PART I]

THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 15, 2015 NOTIFICATION

No.655-LW/LW/3A-01/14.—22nd October, 2014.—In exercise of the power conferred by sub-section (1) of Section 28 of the Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970) and in supersession of this department Notification No. 522-LW//LW/3A-21/79, dated the 14th July, 1981, and No. 18—LW/LW/3A-5/86 dated, Calcutta the 7th January, 1988, the Governor is pleased hereby to appoint the persons mentioned in the entries in column (1) of the table below, to be the Inspectors for the purpose of the said Act, and to define the limits shown in the corresponding entries in column (2) thereof within which such Inspectors shall exercise the powers conferred on them by and under the said Act. Designation of the Inspector

Jurisdiction

(1)

(2)

Additional Labour Commissioner, West Bengal

Whole of West Bengal

Joint Labour Commissioner, West Bengal

Whole of West Bengal

Deputy Labour Commissioner, West Bengal

Respective area for which he holds charge as Deputy Labour Commissioner

Assistant Labour Commissioner, West Bengal

Respective area of the Regional Labour Office (RLO) for which he holds charge as Assistant Labour Commissioner

Inspector under the Minimum Wages Act, 1948/ Labour Inspector / Inspector, Agricultural Minimum Wages / Inspector, Shops and Establishments / Inspector, Trade Unions / Statistical Investigator or Assistant

Respective area of the Regional Labour Office (RLO) within which he is posted / holds charge

By order of the Governor, SITAL CHANDRA MONDAL, Jt. Secy. to the Govt. of West Bengal.

NOTIFICATION No. 656-LW/LW/3 A-01 /14.—22nd October, 2014.—In exercise of the power conferred by Section 3 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (Act 30 of 1979) and in supersession ofthis department Notification No. 4756-LW/LW/l A-24(A)/79, Calcutta, the 20th September, 1983, the Governor is pleased to appoint hereby the following officers of the State Government as shown in column (1) of the schedule below, to be the Registering Officers for the purpose of Chapter II of the said Act, and to define the jurisdiction shown in the corresponding entries in column (2) thereof within which such Registering Officers shall exercise the powers conferred on them by and under the said Act. The Schedule

304

Designation of the Registering Officer

Jurisdiction

(1)

(2)

Assistant Labour Commissioner.

Respective area for which he holds charge as Assistant Labour Commissioner.

By order of the Governor, SITAL CHANDRA MONDAL, Jt. Secy. to the Govt. of West Bengal.

THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 15, 2015

[PART I

NOTIFICATION No. 657-LW/LW/3A-01/14.—22nd October, 2014.—In exercise of the power conferred by Section 7 of the Inter-State Migrant Workmen ( Regulation of Employment and Conditions of Service ) Act, 1979 ( Act 30 of 1979) and in supersession of this department Notification No. 4757-LW/LW/lA-24(A)/79, Calcutta, the 20th September, 1983, the Governor is pleased to appoint hereby the following officers of the State Government as shown in column (1) of the schedule below, to be the Licensing Officers for the purpose of Chapter III of the said Act, and to define the jurisdiction shown in the corresponding entries in column (2) thereof within which such Licensing Officers shall exercise the powers conferred on them by and under-the said Act. The Schedule Designation of the Licensing Officer (1) Assistant Labour Commissioner

Jurisdiction (2) Respective area for which he holds charge as Assistant Labour Commissioner By order of the Governor, SITAL CHANDRA MONDAL, Jt. Secy. to the Govt. of West Bengal.

NOTIFICATION No. 658-LW/LW/3A-01/14.—22nd October, 2014— In pursuance of Sections 12 and 16 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service ) Act,1979 ( Act 30 of 1979) and in supersession of this department Notification No. 4758-LW/LW/lA-24(A)/79, Calcutta, the 20th September, 1983, the Governor is pleased to appoint hereby the following officers of the State Government as shown in column (1) of the schedule below, to be the Specified Authorities for the purposes of Sections 12 and 16 of the said Act, and to define the jurisdiction shown in the corresponding entries in column (2) thereof within which such Specified Authorities shall exercise the powers conferred on them by and under the said Act. The Schedule Designation of the Specified Authorities Jurisdiction (1) (2) Assistant Labour Commissioner Respective area for which he holds charge as Assistant Labour Commissioner By order of the Governor, SITAL CHANDRA MONDAL, Jt. Secy. to the Govt. of West Bengal. NOTIFICATION No. 659-LW/LW/3A-01/14.—22nd October, 2014.—In exercise ofthe power conferred by Section 11 of the Inter-State Migrant Workmen ( Regulation of Employment and Conditions of Service ) Act, 1979 ( Act 30 of 1979) and in supersession of this department Notification No.4759-LW/LW/lA-24(A)/79, Calcutta, the 20th September, 1983, the Governor is pleased to nominate hereby the following officers of the State Government as shown in column (1) of the schedule below, to be the Appellate Officers for the purposes of the said Act, and to define the jurisdiction shown in the corresponding entries in column (2) thereof within which such Appellate Officers shall exercise the powers conferred on them by and under the said Act. The Schedule Designation of the Appellate Officers (1) Assistant Labour Commissioner

Jurisdiction (2) Respective area for which he holds charge as Deputy Labour Commissioner By order of the Governor, SITAL CHANDRA MONDAL, Jt. Secy. to the Govt. of West Bengal.

305

PART I]

THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 15, 2015 NOTIFICATION

No. 660-L/W/L/W/3 A-01 /14.—22nd October, 2014 .—In exercise of the power conferred by sub-section (1) of Section 20 of the Inter-State Migrant Workmen ( Regulation of Employment and Conditions of Service ) Act, 1979 (Act 30 of 1979) and in supersession of this department Notification No. 4760-LW/LW/l A-24(A)/79, Calcutta, the 20th September, 1983, the Governor is pleased to appoint hereby the following officers of the State Government as shown in column (1) of the schedule below, to be the Inspectors for the purposes of Chapter VI of the said Act, and to define their respective jurisdiction shown in the corresponding entries in column (2) thereof within which such Inspectors shall exercise the powers conferred on them by and under the said Act. The Schedule

Designation of the Inspectors

Jurisdiction

(1)

(2)

Additional Labour Commissioner, West Bengal

Whole of West Bengal

Joint Labour Commissioner, West Bengal

Whole of West Bengal

Deputy Labour Commissioner, West Bengal

Respective area for which he holds charge as Deputy Labour Commissioner

Assistant Labour Commissioner, West Bengal

Respective area for which he holds charge as Assistant Labour Commissioner

Inspector under the Minimum Wages Act, 1948 / Labour Inspector / Inspector, Agricultural Minimum Wages / Inspector, Shops and Establishments / Inspector, Trade Unions / Statistical Investigator or Assistant

Respective area of the Regional Labour Officer (RLO) within which he is posted / holds charge

By order of the Governor, SITAL CHANDRA MONDAL, Jt. Secy. to the Govt. of West Bengal.

306

Published by the Controller of Printing and Stationery, Govt. of West Bengal and printed by the Superintendednt, Govt. Printing, West Bengal, at the West Bengal Government Press, Alipore.

No. 31 (I)

Registered No. WB/SC-320

The Gazette

Kolkata Extraordinary Published by Authority MAGHA 14]

TUESDAY, FEBRURY 3, 2015

[SAKA 1936

PART I—Orders and Notifications by the Governor of West Bengal, the High Court, Government Treasury, etc.

GOVERNMENT OF WEST BENGAL LABOUR DEPARTMENT M. W. Branch NOTIFICATION

No. 02-MW/2W-32/13.—6th January 2015.— Whereas, the Governor is of opinion that the following employment which was added to Part-I of the Schedule to the Minimum Wages Act. 1948 vide Notification No. 64-MW/2W-58/2000 dated 25th June, 2001 published in The Kolkata Gazette, Extraordinary dated 27th June, 2001 should be excluded from the Schedule to the said Act with a view to non-application of the provisions of the said Act to the said employment; Now, therefore, in exercise of the power conferred under Section 27 of the said Act, the Governor is pleased hereby to issue three months’ notice of his intention to exclude the following employment from Part-I of the Schedule to the said Act; “60. Sales Promotion in Medicine.” By order of the Governor, SITAL CHANDRA MONDAL, Jt. Secy. to the Govt. of West Bengal. Published by the Controller of Printing and Stationery, Govt. of West Bengal and printed by the Superintendednt, Govt. Printing, West Bengal, at the West Bengal Government Press, Alipore.

307

Registered No. WB/SC-320

No. 38 (I)

The

Kolkata

Gazette Extraordinary Published by Authority

MAGHA 28]

TUESDAY, FEBRURY 17, 2015

[SAKA 1936

PART I—Orders and Notifications by the Governor of West Bengal, the High Court, Government Treasury, etc. GOVERNMENT OF WEST BENGAL LABOUR DEPARTMENT M. W. Branch NOTIFICATION No. 12-MW/MW/2W-32/13.—9th February, 2015.— Whereas, the Governor is of opinion that minimum rates of wages should be fixed under the Minimum Wages Act, 1948 (11 of 1948), in respect of the following employments in the State of West Bengal; And whereas, by Notification No. 54-MW/MW/2W-32/13 dated 10th September, 2014 published at page 547-548 of Part-I of The Kolkata Gazette, Extraordinary, dated October 20,2014, the Governor had issued notice of his intention to do so; Now, therefore, after expiry of the said period of three months and in exercise of the power conferred under Section 27 of the Minimum Wages Act, 1948 (11 of 1948) the Governor is pleased hereby to add to Part-1 of the Schedule to the said Act, the following employments after serial No. 61 of the Part I of the said schedule for the purposes of the said Act:-

308

“63. Bottling and Packaging Industry; 64. Confectionery and Sweets Manufacturing; 65. Clinical Establishments including pathological Laboratories and Diagnostic Centres; 66. Garments Manufacturing Industry; 67. Saloons and Beauty Parlour; 68. Ice Factory; 69. Any Establishment in which manufacturing activity as defined under Section 2 (k) of the Factories Act is carried out and is not covered under any of the other scheduled employments; 70. Automobile Engineering Repairing Workshop & Garages; 71. Private Hospitals and Research Centres not carried on by Government or local Authorities; 72. Laundries, Laundry services, Cleaning and Dyeing Plants & shops; 73. Beverage Manufacturing & Vending Establishments; 74. Fishing activities including River & Deep Sea Fishing; 75. Transportation, Marketing & Distribution of Petroleum Products and Cooking Gas including Petrol Pumps; 76. Non-Banking Private Financial Institutions; 77. Jewellery Manufacturing Industry; 78. Ice Cream and Candy Manufacturing; 79. Floor and Wall Tiles Manufacturing;

THE KOLKATA GAZETTE, EXTRAORDINARY, FEBRUARY 17, 2015 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92.

[PART I

Bought Tea Leaf Factory; Courier Service; Leather goods Manufactory; Loading & Unloading Operations; Rolling of Iron Rods, Plates, Angles etc. and Rolling Mills; Wood Works and Furniture Industry; Information Technology Industry; Malls, Multiplexes, Departmental Stores and Mega Stores; Biscuit Manufacturing; Consumer Co-operative Societies, Primary Agricultural Co-operative Societies/Marketing Societies; Sponge Iron, Ferro Alloys and Induction Furnaces; Establishments as defined under the Shops and Establishments Act, 1963; Hotels and Restaurants including Boarding Houses, Eating Houses, Canteens, Clubs and Guest Houses”.

By order of the Governor, SITAL CHANDRA MONDAL, Jt. Secy. to the Govt. of West Bengal.

Published by the Controller of Printing and Stationery, Govt. of West Bengal and printed by the Superintendednt, Govt. Printing, West Bengal, at the West Bengal Government Press, Alipore.

309

No. 58 (I)

Registered No. WB/SC-320

The Gazette

Kolkata Extraordinary Published by Authority PHALGUNA 25 ]

MONDAY, MARCH 16, 2015

[SAKA 1936

PART I—Orders and Notifications by the Governor of West Bengal, the High Court, Government Treasury, etc.

GOVERNMENT OF WEST BENGAL LABOUR DEPARTMENT IR Branch AMENDMENT No. 183-I.R/Eil/l-A-4/10.—16th February, 2015—Whereas, the Government of West Bengal has introduced the West Bengal Transport Workers’ Social Security Scheme, 2010, hereinafter referred to as the Scheme, vide the Government of West Bengal, Labour Department Resolution No. 907-I.R./E-i l/l-A-4/10 dated 13th August 2010, published in the Kolkata Gazette Extraordinary dated 25th August 2010; And whereas, the West Bengal State Social Security Board has been reconstituted under this Department Notification No. 456 -1R/ EIL /1A - 01 / 09, dated 29-04-2013, in terms of sub-section (1) of Section 6 of the Unorganised Workers’ Social Security Act, 2008, read with sub-section (5) of Section 6 of the said Act; And whereas, this Reconstituted West Bengal State Social Security Board in its meeting dated 25.11.2014, has recommended to the State Government certain modifications in the West Bengal Transport Workers’ Social Security Scheme in some respects as mentioned herein below; And whereas, the Government of West Bengal is of opinion that, the scheme needs improvement to take care of the social security needs of the transport workers in general and that of the auto and taxi drivers in particular; Now, therefore, in accordance with Clause 24 of the Scheme, the Governor is pleased hereby to enhance / rationalize / restructure the Scheme / benefits provided under the Scheme in the following manner for a proper implementation of the Scheme and in the interest of transport workers. The Governor is also pleased to introduce cashless medical benefits up to Rs. 30,000/-only, to begin with, for the auto and taxi drivers only, in the RSBY model for facilitating instant treatment in the designated hospitals / nursing homes. The Governor is further pleased to do away with the renewal fees of Rs 30/- only annually charged from transport workers. The amendments, if not otherwise mentioned in the Scheme, shall take immediate effect. The amendments follow:(1)

310

Pension shall be allowed to a beneficiary who has been a beneficiary under the scheme for a continuous period of not less than five years at the rate of Rs. 750/- only per mensem for the period from 01.04.2012 to 28.02.2015. The pension amount shall be enhanced to Rs 1500/- only per mensem w.e.f. 01.03.2015.

THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 16, 2015 (2)

[PART I

After Sub Clause (2) of Clause 12 of the Scheme, Sub Clause (3) shall be added in the following manner : “12 (3) Family Pension.

After death of the beneficiary his / her dependent member of family shall receive Family Pension @ 50% of the amount of last pension amount drawn by the beneficiary, as introduced in the Scheme w.e.f. 26.03.2012. The rate of the Family Pension shall be @ Rs 750/- only per mensem w.e.f. 01.03.2015.” (3)

Clause 13 of the Scheme shall be read as“13. (1). In case of death of the beneficiary, (a)

arising out of an accident, a nominee /dependent of a beneficiary shall be entitled to a relief of Rs. 1,50,000/only for the period from 01.04.2012 to 28.02.2015 and Rs. 2,00,000/- only w.e.f. 01.03.2015.

(b)

In case of normal death of the beneficiary, a nominee/dependent of a beneficiary shall be entitled to a relief of Rs.50,000/- only w.e.f. 01.04.2012.” Clause 13. (2). On permanentdisability shall stand repealed w.e.f. 01.03.2015. “Clause 13 (3). No assistance under this provision shall be allowed if such death was-

(4)

(a)

Caused by intentional self injury, suicide or attempted suicide, homicide, insanity or immorality or if the member was under influence of intoxicating liquor, drug or narcotic or,

(b)

Caused by injuries resulting from riots, civil commotions or racing of any kind.”

Clause 14 of the Scheme. Medical benefit for major ailments: shall be read as“Clause 14. Medical benefit for major diseases:

(1) A beneficiary or any member of his family suffering from any major diseases like Cancer, Leprosy, T.B., brain stroke (introduced w.e. f. 15.05.2013), cardiac problems,, malfunctioning of kidney (s), AIDS, Eye ailments (introduced w.e.f. 12.10.2012), Vericosis of vein (introduced w.e.f. 12.10.2012) or Thalacemia requiring hospitalization and treatment may be allowed relief upto Rs 20,000/- w.e.f. 01.04.2012, or the date of introduction of the disease in the Scheme. Explanation: In case of auto and taxi drivers only, cashless medical benefits shall be provided up to Rs. 30,000/-only w.e.f. 01.03.2015. (2) In case of surgical operation, relief shall be allowed up to a maximum of Rupees 80,000/- only for the period from 01.04.2012 or the date of introduction of disease in the Scheme to 28.02.2015. This shall be enhanced to Rsl,00,000/ - only for self and Rupees 1,50,000/- only for family members including self per annum w.e.f. 01.03.2015. In view of above, explanation to Clause 14(2) of the Scheme shall stand repealed. (3) Actual amount of relief under this provision shall be such as may be decided by the Authorised Officer in consideration of the nature of ailment and on the basis of a certificate from the hospital where such treatment was conducted.” (5) The benefit under Clause 15 of the Scheme viz Maternity Benefit, shall be Rs 6000/- for the period from 01.04.2012 to 28.02.2015. Similarly the benefit under Clause 19 ofthe Scheme viz Assistance on Marriage shall be Rs 10,000/- only for the period from 01.04.2012 to 28.02.2015. Both the clauses shall be clubbed together w.e.f. 01.03.2015. and shall be read as “Clause 15. Assistance for Marriage and Maternity:An assistance of Rs 25,000/- only shall be allowed to a beneficiary towards marriage of his or her dependent daughter, as the case may be. Such benefit shall be allowed twice in life time with an interval of 5 years w.e.f. 01.03.2015.” (6)

Clause 19 of the Scheme stands repealed w.e.f. 01.03.2015.

(7) Clauses 16 of the Schemc,i.e. Assistance for purchase of Spectacles and Clause 17 of the Scheme, i.e. Funeral Expenses shall stand repealed w.e.f. 01.03.2015.

311

PART I] (8)

THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 16, 2015

Clause 18 of the Scheme shall be read as“Clause 18. Assistance for education of children: One time assistance for education of children of a beneficiary shall be allowed in the following manner:(i)

Rs. 4,000/-for studying in Higher Secondary w.e.f. 01.04.2012,

(ii)

Rs. 6,000/- for studying in a general graduation course.w.e.f. 01.04.2012,

(iii)

Rs. 8,000/-for studying in a Post Graduation course, w.e.f. 01.04.2012 to 28.02.2015 and Rs. 10,000/- w.e.f. 01.03.2015,

(iv)

Rs. 30,000/-for studying in a Technical/ Professional degree Course like Engineering / Medical or Business Management (introduced in the Scheme w.e.f. 15.05.2013) w.e.f. 01.04.2012.

Explanation :(1) such benefit shall not be allowed for more than two children, (2) benefits under this provision shall have cumulative effect.” (9)

Clause 8 of the Scheme related to Renewal of Registration of a beneficiary stands repealed.

(10) Any reference to renewals in Clause 10 of the Scheme shall be omitted. (11) Accidental Hospitalisation as introduced in the scheme w.e.f. 26.03.2012 shall be incorporated as“Clause 14 A. Accidental Hospitalization : A beneficiary, if hospitalised for five or more days due to accident shall be provided with assistance @ Rs. 400/- per day for the first (5) Five days and @ Rs. 200/- per day for the remaining period of hospitalisation up to a maximum of Rs. 10,000/- only w.e.f.26.03.2012.” (12) Eye check up of drivers as introduced in the Scheme w.e.f. 12.10.2012 @ Rs. 300/- only to be reimbursed after every two years ,shall stand repealed w. e.f. 01.03.2015. (13) T.B. package as introduced in the scheme w.e.f. 15.05.2013 @Rs. 6,000/-given to the beneficiary per year on production of the DOT Card, shall stand repealed w.e.f. 01.03.2015. (14) Form I of the Scheme shall be replaced by “Revised Form 1 - Application for enrolment as a beneficiary under the West Bengal Transport Workers’ Social Security Scheme” as annexed herewith. (15) In form VII of the Scheme, the phrase “Signature of beneficiary” shall be replaced by “Signature of Beneficiary/ Dependent or Nominee in case of death of the beneficiary.” (16) A new Clause 21A is introduced in the Scheme as follows :“ Clause 21 A. Declaration of Regional Labour Offices as Regional Labour Offices of the West Bengal State Social Security Board. All Regional Labour Offices of the Labour Commissionerate shall also function as Regional Labour Offices of the West Bengal State Social Security Board.”

312

THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 16, 2015

[PART I

ANNEXURE TO THE AMENDMENT WITH REFERENCE TO SL. NO. 14 FORM-I APPLICATION FOR ENROLMENTAS A BENEFICIARY UNDER THE WEST BENGAL TRANSPORT WORKERS’ SOCIAL SECURITY SCHEME (WBTWSSS)

Affix Applicant’s recent stamp size photo

To, The Registering Authority

Sir, I hereby apply to enrolmyself as a beneficiary under the West Bengal Transport Workers’ Social Security Scheme. Rupees Thirty as registration fee is submitted herewith. 1. Name of the applicant : Sri/Smt 2. Male/Female/Other : 3. Name of Father/ Husband : 4. Permanent Address : Village/House no./Road P.O. District Block/Municipality/Corporation PIN P.S. 5. Present Address: Village/House no./Road P.O. District Block/Municipality/Corporation PIN P.S. 6. Caste : General/ Scheduled Caste/ Scheduled Tribe/ O.B.C 7. Religion : 8. Date of birth : 9. (i) Transport Workers’Status : Self Employed/Wage Employed (ii) Nature of vehicles : Bus/Mini bus/ Truck/ Auto Rickshaw/ Van/ Tempo/Taxi/Luxury Taxi /Others (iii) Nature of duties : Driver/Conductor/Helper/Cleaner/Others 10. Details of family members solely dependent on the applicant: ( as per annexure) 11. Mobile No: 12.E-mail ID: 13. Aadhar Card No. 14.Bank A/C. No. : 15. Bank Name: 16.Bank IFSC Code : 17. Marital Status : PlaceDate(Full Signature/LTI of the applicant) Verification The statement made above are true to the best of my knowledge and belief; anything contrary to it liable to prosecution as per law. (Full Signature/LTI of the applicant)

313

PART I]

THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 16, 2015

DETAILS OF DOCUMENTS TO BE ATTACHED 1. Three copies of recent stamp size photograph ofthe applicant duly attested by the certifying authority mentioned overleaf (One copy to be affixed to the specified place in the Form and another two copies to be enclosed) 2. Age proof- Attested copy of Birth certificate from Hospital/Nursing Home/ Municipality/Panchayat/School Leaving Certificate/ Horoscope/ Voters’ Identity Card/ Ration Card/ Driving Licence etc. Certificate (To be given in the Panchayat area by Gram Panchayat Pradhan/ a member of Panchayat Samity; in the Municipal Corporation area by Councillor or Commissioner; Member of Zilla Parishad; People’s representative such as M LA/ MP/ President or Secretary of a Registered Trade Union to which the applicant belongs; Employer concerned; an Officer of the State Government not below the rank of the Inspector). I know the applicant Shri/Smt and hereby certify that statements made by him/ her are true to the best of my knowledge and belief. Place : Date: Signature Name Stamp ANNEXURE SI. No.

DETAILS OF FAMILY MEMBERS SOLELY DEPENDENT ON THE APPLICANT Name Relationship with the applicant Sex

Age

Place: Date : (Full Signature / LTI of the applicant) NOMINATION FOR THE SCHEME Namu of the Nominee

Relationship with the applicant

Sex

Age

Place : Date : (Full Signature / LTI of the applicant) By order of the Governor, SITAL CHANDRA MONDAL, Jt. Secy. to the Govt. of West Bengal

314

Published by the Controller of Printing and Stationery, Govt. of West Bengal and printed by the Superintendednt, Govt. Printing, West Bengal, at the West Bengal Government Press, Alipore.

Registered No. WB/SC-247

No. WB (Part-I)/2015/SAR-245

The

Gazette

Kolkata

Extraordinary Published by Authority JYAISTHA 26]

TUESDAY, JUNE 16, 2015

[SAKA 1937

PART I—Orders and Notifications by the Governor of West Bengal, the High Court, Government Treasury, etc.

GOVERNMENT OF WEST BENGAL LABOUR DEPARTMENT L. W. Branch East India House (2nd Floor) 20B, Abdul Hamid Street, Kolkata- 700 069 No. 435/LW/3A-01/14

Dated, Kolkata, the 15th June, 2015. NOTIFICATION

In order to simplify and rationalise the inspection procedure and to promote synchronised inspection, in exercise of the power conferred on the State Government as mentioned in Column III of the Schedule below, the Governor is pleased hereby to appoint the following officer as shown in Column II of the Schedule to be the “Inspector” for the purpose of the respective Acts as mentioned in Column V of the Sechedule and to define his jurisdiction and local limit within which he shall exercise powers conferred on Inspectors by or under the said Act as mentioned in Schedule IV. Sl. No.

Designation of officers

Name of the Act and the relevant section of empowernmet of the State Government

Local limits/ Jurisdiction

Remarks/Purpose

I

II

III

IV

V

1

Inspector, Minimum Wages

(a) Section 19(1) of the Minimum Wages Act, 1948 (b) Section 14(3) of the Payment of Wages Act, 1936 (c) Section 9(1) of the Equal Remuneration Act, 1976

Respective area of the Regional Labour Office within which he is posted/holds charge -Do-Do-

The Minimum Wages Act, 1948

The Payment of Wages Act, 1936 The Equal Remuneration Act, 1976

315

PART I] I 1

THE KOLKATA GAZETTE, EXTRAORDINARY, JUNE 16, 2015 II Inspector, Minimum Wages

III (a) Section 19(1) of the Minimum Wages Act, 1948

IV V Respective area of the Regional The Minimum Wages Labour Office within which Act, 1948 he is posted/holds charge (b) Section 14(3) of the -DoThe Payment of Payment of Wages Act, 1936 Wages Act, 1936 (c) Section 9(1) of the -DoThe Equal RemunerEqual Remuneration Act, 1976 ation Act, 1976 (d) Section 14 of the Respective area of the Regional The Maternity Benefit Maternity Benefit Act, 1961 Labour Office within which Act, 1961 he is posted/holds charge (e) Section 19(1) of the Shops -DoThe Shops & & Establishments Act, 1963 Establishments Act, 1963 (f) Section 16 of the Labour -DoThe Labour Welfare Welfare Fund Act, 1974 Fund Act, 1974 (g) Section 27 (1) of the -DoThe Payment of Payment of Bonus Act, 1965 Bonus Act, 1965 (h) Section 7A (1) of the -DoThe Payment of Payment of Gratuity Act, 1972 Gratuity Act, 1972 (i) Section 28 (1) of the -DoThe Contract Labour Contract Labour (Regula(Regulation & tion & Abolitio) Act, 1970 Abolition) Act, 1970 (j) Section 20 (1) of the -DoThe Inter State Inter State Migrant Migrant Workmen’s Workmen’s (Regulation (Regulation of Emplof Employment & Conditions oyment & Conditions of Service) Act, 1979 of Service) Act, 1979 (k) Section 6 (1) of the Beedi -DoThe Beedi and Cigar and Cigar Workers’ (Conditions of Workers’ (Conditions of Employment) Act, 1966 Employment) Act, 1966 (l) Section 17 of the Child -DoThe Child Labour Labour (Prohibition & (Prohibition & Regulation) Act, 1986 Regulation) Act, 1986 (m) Section 4(1) of the -DoThe Motor Transport Motor Transport Workers’ Workers’ Act, 1961 Act, 1961 (n) Section 8 (1) of the Sales -DoThe Sales Promotion Promotion Employees (Conditions Employees (Conditions of Service) Act, 1976 of Service) Act, 1976 (o) Section 17B (1) of the -DoThe Working Working Journalists & Journalists and Other Other Newspaper EmploNewspaper Employees yees (Conditions of Service (Conditions of Service & Miscellaneous & Miscellaneous Provisions) Act, 1955 Provisions) Act, 1955 (p) Section 7(1) of the West -DoThe West Bengal Bengal Workmen’s House Rent Workmen’s House Rent Allowance Act, 1974 Allowance Act, 1974 By order of the Governor. SITAL CHANDRA MONDAL Joint Secretary to the Government of West Bengal.

316

Published by Labour Department (L. W. Branch), West Bengal and printed at Saraswaty Press Ltd. (Government of West Bengal Enterprise), Kolkata 700 056.

Registered No. WB/SC-247

No. WB (Part-I)/2015/SAR-275

The

Kolkata

Gazette

Extraordinary Published by Authority ASADHA 2 ]

TUESDAY, JUNE 23, 2015

[SAKA 1937

PART I—Orders and Notifications by the Governor of West Bengal, the High Court, Government Treasury, etc.

GOVERNMENT OF WEST BENGAL LABOUR DEPARTMENT East India House 20B, Abdul Hamid Street, Kolkata - 700 069 No. 462-LW

Dated, Kolkata, the 22nd June, 2015. NOTIFICATION

As per “The Unorganised Workers Social Security Act, 2008”, the State Government has to register and issue Identity Cards to all unorganised sector workers which shall be a smart card carrying a unique identification number and shall be portable. This card will take over the role of existing RSBY cards and enable the beneficiary to avail benefits under all welfare schemes meant for the unorganised workers, including RSBY. Now, after careful consideration, it has been decided to constitute an apex committee in State level in the following manner :— 1. Chief Secretary to the Government of West Bengal. ............................................ Chairman 2. Addl. Chief Secretary/Principal Secretary, Home Department, Govt. of W.B. ......... Member 3. Principal Secretary/Secretary, Health and Family Welfare Department, Govt. of W.B. ........... Member 4. Principal Secretary/Secretary, Information and Technology, Govt. of W.B. ............ Member 5. Principal Secretary/Secretary, Panchayat and Rural Development,Govt. of W.B. ..... Member 6. Principal Secretary/Secretary, Labour Department Govt. of W.B. ......................... Member 7. Labour Commissioner, Govt. of W.B. & Nodal Officer ....................................... Member Convenor The Committee will take all policy decisions regarding implementation of this project and guide the district level committee (s) formed for the purpose. The committee is authorized to co-opt any other officer as its member. By order of the Governor. SANJAY MITRA, Chief Secretary to the Government of West Bengal. ORDERED THAT The Notification be published in the Kolkata Gazette Extraordinary. SITAL CHANDRA MONDAL Joint Secretary to the Government of West Bengal. Published by Labour Department, West Bengal and printed at Saraswaty Press Ltd. (Government of West Bengal Enterprise), Kolkata 700 056.

317

No. WB (Part-I)/2015/SAR-334

Registered No. WB/SC-247

The Kolkata

Gazette

Extraordinary Published by Authority SRAVANA 1 ]

THURSDAY, JULY 23, 2015

[SAKA 1937

PART I—Orders and Notifications by the Governor of West Bengal, the High Court, Government Treasury, etc.

GOVERNMENT OF WEST BENGAL LABOUR DEPARTMENT M. W. Branch No. 90-MW/2W-32/13

Dated, Kolkata, the 17th July, 2015.

NOTIFICATION Whereas, the Governor is of opinion that the following employment which was added to Part-I of the schedule to the Minimum Wages Act, 1948 vide Notification No. 64-MW/2W-58/2000 dated 25th June. 2001, published in The Kolkata Gazette, Extraordinary dated 27th June. 2001 should be excluded from the schedule to the said Act with a view to nonapplication of the provisions of the said Act to the said employment; And whereas, by Notification No. 02-MW/2W-32/13 dated 6th January, 2015 published at page 155 of part-I of The Kolkata Gazette, Extraordinary, dated 3rd February, 2015, the Governor had issued three months’ notice of his intention to do so; Now therefore, after expiry of the said period of three months and in exercise of the power conferred under section 27 of the said Act, the Governor is pleased hereby to exclude the following employment from Part-I of the Schedule to the said Act : “60. Sales Promotion in Medicine”. By order of the Governor. SITAL CHANDRA MONDAL Joint Secretary to the Government of West Bengal.

318

Published by Labour Department, West Bengal and printed at Saraswaty Press Ltd. (Government of West Bengal Enterprise), Kolkata 700 056.

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