कर्मचारी भविष्य निधि संगठन
Employees' Provident Fund Organisation
श्रम एवं रोजगार मंत्रालय, भारत सरकार
Ministry of Labour & Employment, Government of India
भविष्य निधि भवन/
Bhavishya Nidhi Bhawan
14, thout 14 H 75 ch 110066
Bhikaiji Cama Place, New Delhi 110066
www.epfindia.gov.in
No. HRM-VIII/PQ/2019
Dated: 21.1.2020 21 JAN 2029
To
All ACC (HQ) / ACC (Zones)
ACC (ASD) Head Office Director,
PDNASS.
Subject: The Working Women (Basic Facilities and Welfare) Bill, 2019 raised by Dr.T.Sumathy(a) Thamizhachi Thangapandian, Hon'ble MP - regarding.
Madam/Sir,
Please find enclosed herewith a copy of e-mail dated 02.1.2020 received from Ministry of Labour and Employment alongwith its enclosure i.e. letter no.H-11018/1/2019-C&WL-Il dated 19.12.2019 on the above subject.
2. In this regard, it is requested to furnish your comments in the matter to Head Office urgently via e-mail at rc.hrm8@epfindia.gov.in. by 24.01.2020 for onward submission to Ministry of Labour & Employment.
Encl: As above.
Yours faithfully,
Uma Mandal
Addl. Central P.F. Commissioner (HRM)
THE WORKING WOMEN (BASIC FACILITIES AND WELFARE) BILL
A
Bill
to provide for the protection of women from discrimination, and for the basic “facilities like creche, recreational facilities, maternity benefits, hostel and transport incilius, and for the welfare measures to be taken by the employers and the State for sis women employees working in Government establishments; public sector
enterprises including banks and parts, educational institutions including universities, colleges and schools, factories, wines, plantations, agricultural fields, orchards and such other places
and for matters connected therewith
and incidental thereto.
BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows:
1. Shoa title, extent and commencement
(1) This Act may be called the Working Women (Basic Facilities and Welfare) Act, 2019
(2) It extends to the whole of India.
(3) It shall come into force with immediate effect.
2. Definition
In this Act, unless the context otherwise requires:
(a) "appropriate Government" means in the case of a State, the Government of that State and in other cases, the Central Government;
(b) "child" includes a stillborn child;
(c) "employer" means,
(i) in relation to an establishment which is under the control of an appropriate Government, the person or authority appointed by the appropriate Government for the supervision and control of the employees or where no person or authority is so appointed, the head of the establishment;
(ii) in relation to an establishment under any local self-government or authority, the person appointed by such authority or local self-government for the supervision and control of the employees or where no person is so appointed the Chief Executive Officer by whatever name called of the local self-government or the authority, as the case may be;
(iii) in other cases, the person who or the authority which has the ultimate control over the affairs of the establishment;
(d) "establishment" include an office of the appropriate Government, quasi Government or department including telegraph office, post office, telephone exchange, a mine, a plantation, an agricultural field, a hospital or nursing home, a shop or any business establishment, a brick kiln, construction site, any banking establishment, 20 any private office or house, any school, college university or like institution, establishment for the exhibition of equestrian, acrobatic and other performances and any other such place where a woman is employed for any work whatsoever;
(e) "factory" means a factory as defined in the Factories Act, 1948;
(f) "industry" means an industry as defined in the Industrial Disputes Act, 1947;
(g) "prescribed" means prescribed by rules made under this Act; and
(h) "working woman" means a woman who is employed whether directly or indirectly through any agency or contractor, as the case may be, for wages in any establishment, factory or industry.
(b) "child" includes a stillborn child;
(c) "employer" means,
(i) in relation to an establishment which is under the control of an appropriate Government, the person or authority appointed by the appropriate Government for the supervision and control of the employees or where no person or authority is so appointed, the head of the establishment;
(ii) in relation to an establishment under any local self-government or authority, the person appointed by such authority or local self-government for the supervision and control of the employees or where no person is so appointed the Chief Executive Officer by whatever name called of the local self-government or the authority, as the case may be;
(iii) in other cases, the person who or the authority which has the ultimate control over the affairs of the establishment;
(d) "establishment" include an office of the appropriate Government, quasi Government or department including telegraph office, post office, telephone exchange, a mine, a plantation, an agricultural field, a hospital or nursing home, a shop or any business establishment, a brick kiln, construction site, any banking establishment, 20 any private office or house, any school, college university or like institution, establishment for the exhibition of equestrian, acrobatic and other performances and any other such place where a woman is employed for any work whatsoever;
(e) "factory" means a factory as defined in the Factories Act, 1948;
(f) "industry" means an industry as defined in the Industrial Disputes Act, 1947;
(g) "prescribed" means prescribed by rules made under this Act; and
(h) "working woman" means a woman who is employed whether directly or indirectly through any agency or contractor, as the case may be, for wages in any establishment, factory or industry.
3. Appropriate Government to ensure non discrimination and equal wages for working women.
It shall be the duty of the
appropriate Government to ensure that no discrimination 30 is done by
any establishment on gender basis with its women employees particularly
in the matter of payment of wages which are paid to her male counterpart
in such establishment.
4. Employer to have childcare facilities for
(1) Notwithstanding anything contained in any other law for the time
being in force, every employer shall provide basic childcare facilities
such as milk, tiffin, clothes, toys, trained ayahs and other essential
facilities for the children of women working in the establishment
working women.
(2)
The appropriate Government shall ensure that every employer of an
agricultural field provide mobile childcare facilities for the working
women in his establishment:
Provided that two or more such employers may provide common childcare facilities for their establishments.
(3) The appropriate Government Shall open such number of crèches at such
places as it may deem necessary for carrying out the purposes of this
Act.
5. Recreational facilities
Every employee shall provide retiring rooms with facilities like
bathroom. latrine, drinking water at the workplace or worksite of the
working women and recreational facilities.
6. Security Arrangements
Every employer shall provide adequate and proper security measures for
the safety of working women in the establishment factory or industız.
'as the case may bc. and provide transportation facility free of cost if
the employee comes to workplace after the sunset or has to leave the
work place before sunrise
7. Maternity facilities
Every employer shall provide free complete medical facilities including maternity benefits.
8. Hostel and transport facilities
Every employer shall provide hostel and residential facilities both for
married and unmarried working women nearest to their place of work and
cheap, safe and quick transport facilities for such working women.
9. protection from health hazards
The appropriate Government shall ensure Protection from health hazards
particularly for the women working in factories or industries like
beedi, tobacco,hazards. stone nines, cashew, fish processing, salt, silk
construction projects and such other establishment as may be
prescribed.
10. Register of women
Every employer shall provide one year child care leave with full salary
and other benefits to the working. married women till the child attains
the age of eighteen years. Provided that no such facility shail ize
available for more than two children.. ihe appropriate Government shall
maintain a register of working women in such manner and at such place as
may be prescribed;
11. Overriding effect of the Act
(1)The appropriate Government may
require an employer to furnish for the purposes of this Act, such
statistical and other information, in such form and within such period
as may be Power make rules.
(11) The provisions of this Act and the rules made thereunder shall have
effect notwithstanding anything inconsistent therewith contained in
any other law for the time being force, but save as qfcressid the
provisions : this ct shall be it addition to and mon in derogation of
any other law for the time being applicable to the working women.
12. Power to make Rules
(1) The Central and State Government , by notification in une
Oincial.Tazı ic. make rules for carrying out the purposes of this Act
(2) Every rule made under this, Act shall be laid, as soon as may be
after it is made, before each house of Parliament or the Legislative
Assembly and the Legislative Council, as the case may be, while it is in
session, for total period of thirty days which may be comprised in one
session in two or more successive sessions, and if, before it expire;
the session immediately following the session or the successive sessions
aforesaid, both House agree in making any modification in the rule or
both the Houses agree that the 35 rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no
effect, as the ca e may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything
previously done under that rule.
STATEMENT OF OBJECTS AND REASONS
Despite the unabated female foeticides and dwindling population of girls
in the country and the conservative attitude of the society towards
women, more and more women are venturing out of their houses to work to
support their families. As a result, the number of working women in
Government services, factories, industries, commercial establishments,
agriculture, mines, fish processing sector, silk industry and so on so
forth is increasing day by day, but their conditions of employment need
amelioration. Women are also engaged in IT industry service industry in
large numbers. Various basic and essential facilities which are supposed
to be made available to the working women by the Government and private
employers are either absent or not adequate and satisfactory.
Unfortunately, in most of the private sector including agricultural
sector, the facilities are rather minimal or negligible and the working
women are an exploited lot there. The existing labour laws also do not
provide for proper medical, educational, recreational and other
facilities for the working women and their children. As regards, other
social security measures like security, transport, accommodation have
also not been made so far. In many establishments they are not given
equal pay for work. This discrimination has to be stopped.
Hence it has become necessary to provide adequate welfare measures for the working women.
Hence this Bil!.
New Delhi
FINANCIAL MEMORANDUM
Clause 4 of the Bill provides for certain childcare facilities of the
working women. Clause 5 provides for recreational facilities for working
women and their children, Chuse 6 provides Gat the appropriate
Government to provide adequate and proper security measures for the
safety of working women. Clause 7 pie vides for healthcare. Clause 8
provides for hostel and transport facilities for the working women.
Clause 9 provides for appropriate Government shall ensure protection
from health hazards of the working women. Clause 10 provides for child
care leave with free salary. The expenditure relating to States shall be
borne out of the consolidated Fund of the State Government concerned.
However, the expenditure in relation to Union territories shall be borne
out of the Consolidated Fund of India. The Bill, if enacted. wil! la
voice expenditure from the Consolidated Fund of India. It is estimated
that a sum of rupees two thousand crore may involve as recurring
expenditure per annum.
A non-recurring expenditure of rupees five thousand crore is also likely to involve.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 12 of the Bill empowers the Central Government to make rules for
carrying out the purposes of the Bill. As the rules will related to
matters of details only, the delegation of legislative pc. er is of a
normal character.
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