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Madhya Pradesh State Industrial Development Corporation Limited

 

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Economic Development Policy

LABOUR  Back.....

 

ACTION

In pursuance of the above strategy, following steps would be taken on priority:-
» Simpler Labour Laws:  Soon after recommendations of the Second National Commission on Labour (NCL) are received, action would be taken to amend central laws, in their application to Madhya Pradesh, to the extent necessary.  Review of (a) State Laws, and (b) of State Rules framed under various Central and State laws would be initiated right away, and their simplification/ rationalization would be completed quickly after receipt of NCL’s recommendations.  Provisions pertaining to maintenance of registered and filing of returns by the smaller units will, in particular, be considered for further simplification.

Period of renewal of licences under the Factories Act has already been increased from one to five years.
 
» Effective but hassle-free implementation of laws: ‘Abolition of Inspector Raj' has been a stated policy of the State Government for quite some time now, and has been implemented in the context of labour laws as well.  However, multiplicity and the element of harassment in inspections will be further eliminated.  At the same time, laws will be effectively enforced.
 
» A specially Facilitating Environment for the Thrust Areas: The State is committed to according the highest priority to sectors which are vital to its economic development, e.g. Power, Communications, IT & Bio-technology.  Necessary relaxation/ adjustments will be considered in the Labour laws as applicable to these industries, so as to foster investment in them. Already, IT establishments have been allowed 24 hours x 7 days working. Also General Managers of DTICs and MDs of AKVNs have been given powers under the provisions of the Factories Act.

Special Economic Zones to be established in the state will have a similarly facilitating labour-law environment so that these laws do not come in the way of   SEZs to be established in the state shall also enjoy a facilitating labour-law environment.

The above amendments and adjustments will be made without compromising on the basic guarantees, which the Constitution provides to workers.
 
» Cushioning Workers against Industrial Sickness:  Appropriate measures would be taken to cushion workers against hardship resulting from industrial sickness.
 
» Industrial Health & Safety, and Service Delivery:  The importance of sound Industrial Health and Safety (IHS) measures cannot be over- emphasized.  Outreach of IHS services, as also of the industrial relations and labour adjudication services in the State are at present inadequate.  These would be modernised, expanded and strengthened to make them more effective.  Labour Department will move towards electronic/ on-line receipt, processing and disposal of various kinds of applications of workers and employers.
 
» Rate of industrial accidents in the State has been declining over the last decade.  This trend would be maintained.
» The industrial Hygiene Laboratory will be strengthened and its working decentralized.
 
» Healthcare for workers:  Employees’ State Insurance Services in the State need to be comprehensively reviewed.  The process has already begun with the State Government recommending closure of ESI dispensaries at certain centres where number of Insured Persons (IPs) has declined considerably.  More such centres/ institutions will be identified and at the same time, coverage of the scheme will be expanded to cover new centres having substantial number of workers.  Standard of ESI services will be improved and closely monitored, cutting out wasteful expenditure.
» Procedure for payment of advances and reimbursements to IPs has already been streamlined with the establishment of a ‘Revolving Fund’ and greater delegation of sanctioning powers, in July/ September, 2001.
 
» Employers and trade unions would be encouraged to actively promote the small family norm among workers.
 
» Productivity:  The State will encourage employers, trade unions and the State Labour Welfare Board to promote labour productivity, inter-alia, through provision of suitable incentives for higher productivity, based on agreement of all concerned.

Madhya Pradesh is already among the best in the country in the  matter of industrial peace. Efforts would be made to earn for it a similar pride of place in terms of productivity.
 
» The Unorganised Sector, Women workers and Children: The government has set up a Task Force in July, 2001, for recommending ways to improve the lot of the workers in the unorganised sector.  Recommendations of the Task Force will be processed and implemented on priority.  The Task Force would look closely at the idea of establishing a Welfare Fund and a Welfare Board for workers in the unorganised sector who are not otherwise covered.
 
» Rules under the Building and Other Construction Workers (Regulation of Employment & Conditions of Service) Act will be framed and a Welfare Board for these workers will be set up as soon as possible.
 
» Existing insurance and social security schemes for the unorganised sector will be implemented vigorously.
 
» The State will come down with a heavy hand on violations of laws relating to bonded labour, child labour, minimum wages and gender discrimination.  District and Sub-divisional level Vigilance Committees will be activated towards this end.  Every effort will be made to eliminate child labour from hazardous industries and occupations by 2005, as nationally envisaged.
 
» Co-operatives and Self-help Groups of workers of the unorganised sector will be actively promoted to improve their economic condition and bargaining power.
 
» Beedee Workers: Implementation of welfare schemes for Beedee workers presently rests with the Central Government whose field machinery for the purpose is inadequate and has little local accountability.  Central Government has therefore been requested to transfer these schemes, along with the Beedee Workers’ welfare cess collected from MP, to the State Government.  This matter would be actively pursued.
 
» Tripartite Dialogue:  The State is fully committed to the idea of sustained and meaningful tripartite dialogue among all social partners, viz. The workers, employers, and government for mutual benefit.  Tripartite bodies would be made more active.  Also, they would cease to be mere forums for ventilating grievances against each other, and would be encouraged to play their rightful role in charting successful strategies for the State’s economic development.
 
» Academic Resource Support: Collection and analysis of data, and activities like training, research, evaluation etc. are vital for formulation and implementation of sound programmes and interventions in any area. Unfortunately, these have not received due attention.  This lacuna would now be rectified and adequate academic resource support for the Labour sector ensured.
 
» Financial Resources: Financial resources for carrying out the intentions of this policy would be found as far as possible internally, i.e. from the State and Central budget, by levying appropriate user charges, and through various welfare funds. These may however, be augmented, to the extent necessary and feasible, with external assistance obtained in consonance with national and state policies.
 

Annexure


FUNDAMENTAL RIGHTS
&

DIRECTIVE PRINCIPLES OF STATE POLICY CONCERNING LABOUR MATTERS
 

 RIGHT TO FREEDOM 

Art. 19: Protection of certain rights regarding freedom of speech, etc:

1.

 All citizens shall have the right –
(c)  to form associations or unions;

 RIGHT AGAINST EXPLOITATION 

Art. 23: Prohibition of traffic in human beings and forced labour:-

1.

Traffic in human beings and begar and other forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

Art. 24: Prohibition of employment of children in factories, etc.:-

  No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous occupation

 DIRECTIVE PRINCIPLES 

Art. 39: Certain principles of policy to be followed by the State:

The State shall, in particular, direct its policy towards securing –

(a)

that the citizens, men and women equally, have the right to an adequate means of livelihood;
(b) that there is equal pay  for equal work for both men and women
(c) that the health and strength of workers, men and women and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
(d) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

Art. 41: Right to work, to education and to public assistance in certain cases:

  The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

Art. 42: Provision for just and humane conditions of work and maternity relief:

  The State shall make provision for securing just and humane conditions of work and for maternity relief.

Art. 43: Living wage, etc., for workers:

  The State shall endeavour to secure, by suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities.
Art. 43A: Participation of workers in management of industries:
  The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.

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