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National Urban right to work act (India)
 

National Urban right to work act (India)

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This draft proposed following main issue related to Urban Livelihoods:...

This draft proposed following main issue related to Urban Livelihoods:
• The Right to Work has to be recognised and legislated as a Fundamental Right.
• Complementary laws have to be put in place to provide Living Wages and Social Security.
• Secure Shelter near Work is a necessity for the urban poor.
• Government must assist community based Self Help programmes.
• Participatory Research yields Norms for planning livelihoods and shelter.
• Both require the three basic elements of Legal Credit, Space, and Tenure.
• There has to be Accountability and accessible Grievance Redressal Mechanisms.

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  • Full Name Full Name Comment goes here.
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  • pls look into it seriously
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  • Sir,

    This is to inform you that I am working in pharma company.I have the territory of Punjab & Haryana for working.The Medical Representative union of both states are stopping to work 24X7.Both unions are working like 'Hitlor' and making their rules & conditions and stopping me to work after 3.00 p.m in the field.Now the MNC has entered in India, they are working 24x7.For the growth of ourself and country we have to work 24X7 and gving jobs to everyone with handsome CTC,please look into the matter and see the rules deeply of the Punjab Medical Representative Association, Punjab and Haryana Medical representative Association. Haryana.Waiting for reply ASAP.'Happy Independence Day' The right to work 24x7.

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    Sanjay sharma
    9810184888
    Delhi
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    National Urban right to work act (India) National Urban right to work act (India) Document Transcript

    • National Urban Right to Work (draft act)The discussion on urban employment began in Delhi as a consequence of the closure of “non-conforming” industries in 1999 and acquired a sharper edge with the sealing of “unauthorised”commercial units in 2005. Both were part of the general anti-poor bias of the Courts which werealso issuing orders in various petitions filed by “eminent” citizens and associations, to regulate orabolish various occupations such as street vendors and cycle rickshaws, manual labour and self-employment.Much of the discussion was taking place in the Sajha Manch, an alliance of organisations activewith the urban poor in the city, which had come into being in 1998 to campaign against theeviction and demolition of slums and unauthorised colonies and thus raise the issue of a Right toShelter Act. But, by 2003, the Sajha Manch had begun to include issues of livelihoods into itsagenda as the attack on the urban poor became more generalised in the city.In 2005, the Sajha Manch was selected on the recommendation of Bharat Dogra as a partner inthe United Nations Development Programme/Government of India project to design a NationalStrategy for Urban Livelihoods. While the Government of Delhi instructed the other 20 NGOsselected under the project to provide services in six resettlement colonies in Delhi, the SajhaManch maintained that the objectives of original project design were not to perform servicedelivery but to promote an integrated perspective of self-reliance from “below”.Subsequently, in the next 18 months, the Sajha Manch organized 6 consultations, held 14workshops, and conducted 17 research studies amongst the urban workers to understand theirconditions and requirements, and then proposed the following Strategy for Urban Livelihoods:• The Right to Work has to be recognised and legislated as a Fundamental Right.• Complementary laws have to be put in place to provide Living Wages and Social Security.• Secure Shelter near Work is a necessity for the urban poor.• Government must assist community based Self Help programmes.• Participatory Research yields Norms for planning livelihoods and shelter.• Both require the three basic elements of Legal Credit, Space, and Tenure.• There has to be Accountability and accessible Grievance Redressal Mechanisms.In the meantime, the debate on the Unorganised Sector Social Security Bill had been taking placeand the Government of India eventually passed the Act in 2007, ignoring the recommendationsmade by labour organisations and national Councils and Commissions. Hence, the Sajha Manchhad to analyse the weaknesses of the public consultation process as well as the manner in whichlegislation was framed. It was in this light that the Manch also began looking at the experience ofthe Swarna Jayanti Shahari Rozgaar Yojana and the National Rural Employment Guarantee Act.What emerged from this series of consultations and studies was that urban employment wasdistinctly different from rural livelihoods. Broadly, there were three categories of work in the city –those who were in wage employment; those who were self-employed; and those who were under-or un-employed. Hence, any legislation had to cater to all three categories of workers. Thus, therewas a need to emphasise on the “Right to Work” rather than an employment guarantee scheme,and to specify the “living wages” that every worker should be entitled to.In addition, the legislation had to be comprehensive enough to address all categories so as toprovide a base for building alliances between different sections of urban workers. Otherwise, theywould be divided into different Boards for different occupations and thereby weaken theresponsibility and accountability of the Labour Department. Further, there had to be provisions tomake More Work available in the city through changing the norms of the development process.And finally, the legislation had to be democratic in its functioning with greater worker participation.Based on these elements, the following Draft has been prepared for wider discussion.
    • Draft for Discussion NATIONAL URBAN RIGHT TO WORK ACTAn Act to provide for the enhancement of livelihood and social security of the households in urbanareas of the country by providing guaranteed work opportunities for the full year at living wages toevery household whose adult members register to do any form of productive work and for mattersconnected therewith or incidental thereto. PreambleArticle 23.1 of the Universal Declaration of Human Rights states that: "Everyone has the right towork, to free choice of employment, to just and favourable conditions of work and to protectionagainst unemployment."Article 6 of the International Covenant on Economic, Social and Cultural Rights states: "(1) TheState Parties to the present Covenant recognise the right to work, which includes the right ofeveryone to the opportunity to gain his living by work which he freely chooses or accepts, and willtake appropriate steps to safeguard this right. (2) The steps to be taken by a State party to thepresent Covenant to achieve the full realization of this right shall include technical and vocationalguidance and training programmes, policies and techniques to achieve steady economic, socialand cultural development and full and productive employment under conditions safeguardingfundamental political and economic freedoms to the individual."Article 15 of the African Charter on Human and Peoples Rights also recognises the right that:"Every individual shall have the right to work under equitable and satisfactory conditions, andshall receive equal pay for equal work."The 1995 law in the United Kingdom provides relief to: All unemployed jobseekers meeting thequalifying conditions.The Australian law of 1991 provides: Youth allowance (means-tested) for unemployed youngpeople aged 16 to 20 (age 24 if a full-time student, aged 15 or older if old enough to leave school)who undertake approved education, training, job search, or other activities to prepare foremployment or are incapacitated for work because of an illness or injury; Newstart allowance(means-tested) for those aged 21 or older but younger than the pensionable age who areunemployed, capable of undertaking and actively seeking work, or temporarily incapacitated forwork because of an illness; and Mature age allowance (means-tested) that is paid to anunemployed person who is aged 60 or older but younger than the pensionable age.In the United States of America, a Federal law of 1935 covers almost all state and localgovernment workers, domestics, and more than 3/4 of farm workers who are employees of firmsin industry and commerce and employees of nonprofit organisations with four or more employeesduring 20 weeks in a year.In the case of Bandhua Mukti Morcha vs. Union of India the Supreme Court of India laid downthat: “Article 21 (of the Constitution) assures the right to live with human dignity, free fromexploitation.” A landmark judgment of Supreme Court of India in 1989: the Sodhan Singh versusNDMC case. It held that “Street trading is an age old vocation adopted by human beings to earn aliving… [and] comes within the protection guaranteed under the Article 19 (1) (g) of the IndianConstitution which guarantees the right to earn a living as a fundamental right.” The state isunder a constitutional obligation to see that there is no violation of the fundamental right of anyperson, particularly when he belongs to the weaker section of the community and is unable towage a legal battle against a strong and powerful opponent who is exploiting him. Both theCentral Government and the State Government are therefore bound to ensure observance of the
    • various social welfare and labour laws enacted by Parliament for the purpose of securing to theworkmen a life of basic human dignity in compliance with the directive principles of the statepolicy. CHAPTER I PRELIMINARY1. (1) This Act may be called the National Urban Right to Work Act.(2) It extends to the whole of India except the State of Jammu and Kashmir.(3) It shall come into force on such date as the Central Government may, by notification in theOfficial Gazette, appoint; and different dates may be appointed for different States or for differentareas in a State and any reference in any such provision to the commencement of this Act shallbe construed as a reference to the coming into force of that provision in such State or, as thecase may be, in such area: Provided that this Act shall be applicable to the whole of the territory to which it extends within a period of five years from the date of enactment of this Act.2. In this Act, unless the context otherwise requires,-(a) "adult" means a person who has completed his eighteen years of age;(b) "applicant" means the head of a household or any of its other adult members who hasregistered for work opportunity under the Scheme;(c) "Central Council" means the Central Right to Work Council constituted under sub-section (1)of section 10;(d) " City Labour Coordinator" means an officer of the Stae Government designated as suchunder sub-section (1) of section 14 for implementation of the Scheme in a Ward;(e) "household" means the members of a family related to each other by blood, marriage oradoption and normally residing together and sharing meals or holding a common ration card;(f) "implementing agency" includes any department of the Central Government or a StateGovernment, an Urban Local Body, Nagar Panchayat at intermediate level, or Ward Sabha orMohalla Sabha at local level, or Government undertaking or non-governmental organisationauthorised by the Central Government or the State Government to undertake the implementationof any work taken up under a Scheme;(g) "living wage", in relation to any area, means a wage amenable to a life with dignity asnegotiated at an annual Labour Conference called by the State Government as applicable in thatarea;(h) "living wage rate" means the wage rate referred to in section 6;(i) “Mohalla Sabha” means the assembly of all adult citizens that constitute the Mohalla as maybe defined by the State Government from time to time;(j) “Mohalla Samiti” means the executive committee elected by the Mohalla Sabha;(k) "National Fund" means the National Right to Work Fund established under sub-section (1) ofsection 20;(l) "notification" means a notification published in the Official Gazette;(m) "preferred work" means any work which is taken up for implementation on a priority basisunder a Scheme;(n) "prescribed" means prescribed by rules made under this Act;(o) "Labour Officer" means an officer appointed under sub-section (1) of section 15 forimplementing the Scheme;(p) "productive work" means any physical or mental work which will directly or indirectly contributeto the increase of production, the creation of durable assets, the preservation of the environment,or the improvement of the quality of life that is benefit to society;(q) "project" means any work taken up under a Scheme for the purpose of providing employmentto the applicants;(r) "Scheme" means a Scheme notified by the State Government under subsection (3) of section4;(s) "State Council" means the State Right to Work Council constituted under sub-section (1) ofsection 12;
    • (t) "urban area" means any area in a State covered by any urban local body or a CantonmentBoard established or constituted under any law for the time being in force;(u) "Ward" means a community development area within an urban district comprising aconstituency for election to the Urban Local Body;(v) “Ward Sabha” means the assembly of adult citizens in a Ward as specified in the 74 thConstitutional Amendment;(w) “Ward Samiti” means the executive committee elected by the Ward Sabha;(x) “worker” means an adult person engaged in productive work as own or wage worker. CHAPTER ll RIGHT TO WORK IN URBAN AREAS3. (1) Save as otherwise provided, the State Government shall, in such urban area in the State asmay be notified by the Central Government, provide to every household, whose adult membersregister to do productive work, the opportunity of three hundred days of such work in a financialyear in accordance with the Scheme made under this Act.(2) Such work opportunities shall severally include the provision(a) of adequate employment through labour-intensive public works with a maximum material towage ratio of 60:40;(b) of norms that place a cap on the capital investment per work opportunity created in all publicand private projects;(c) of lifting the ban on recruitment in all public departments;(d) of placing restrictions on contracting out and privatising work where it affects the availability ofwork opportunities;(e) of legal space for carrying out productive work;(f) of removing restrictions that prevent the carrying out of productive work;(g) of adequate number of licenses for those persons engaged in productive work;(h) of legal identity to the working person;(i) of appropriate credit on easy terms to both women and men workers and their associations;(j) of legal access to resources on which the productive work is based;(k) of vocational training centres where workers can learn new and innovative skills;(l) of labour assistance centres where instruction is provided in occupational health and safety;(m) of stipulating hours and conditions of work in accordance with labour laws;(n) of enabling workers to form associations to protect their work opportunities;(o) of ensuring shelter with basic services near or at the place of work;(p) of pension and insurance schemes that provide social security; and(q) all other such inputs as may be required to carry on productive work.(3) Every person who has utilised the work opportunity as provided to him/her under the Schemeshall be entitled to receive a living wage at the living wage rate for each day of work.(4) Where the actual wage received for employed, self-employed, or unemployed persons is lessthan the living wage, the Government is to be considered as the Principal Employer and shallhave to reimburse the balance wage as unemployment assistance.(5) Save as otherwise provided in this Act, the disbursement of daily wages to make up the livingwage shall be made on a weekly basis or in any case not later than a fortnight after the date onwhich such work was done or the person was unemployed.(6) The Central Government or the State Government may, within the limits of its economiccapacity and development, make provisions for securing work opportunities for every adultmember of a household under a Scheme for any period beyond the period guaranteed under sub-section (1), as may be expedient. CHAPTER Ill RIGHT TO WORK SCHEMES AND UNEMPLOYMENT ALLOWANCE
    • 4. (1) For the purposes of giving effect to the provisions of section 3, every State Governmentshall, within six months from the date of commencement of this Act, by notification, expand thecapacity of the State Labour Department to carry out a full survey of all persons working or willingto engage in productive work in the urban areas of the State and register in Labour Exchangesset up in every Ward all those who make application for such registration.(2) The Labour Exchanges shall provide worker identity cards that are recognised by all StateGovernment departments and urban local bodies, to all those persons who register with theLabour Exchange as in sub-section (1).(3) Within twelve months of the commencement of this Act the State Government shall make aScheme, for providing not less than three hundred days of work opportunity in a financial year toevery household in the urban areas covered under the Scheme and whose adult members, byapplication, register to do productive work subject to the conditions laid down by or under this Actand in the Scheme.(4) Such a Scheme shall contain all the work opportunity provisions mentioned in section 3 sub-section (2): Provided that until any such Scheme is notified by the State Government, the Annual Action Plan or Perspective Plan for the Swarna Jayanti Shahari Rozgar Yojana (SJSRY) which is in force in the concerned area immediately before such notification shall be deemed to be the action plan for the Scheme for the purposes of this Act.(5) The State Government shall publish a summary of the Scheme made by it in at least two localnewspapers, one of which shall be in a vernacular language circulating in the area or areas towhich such Scheme shall apply.(6) The Scheme made under sub-section (3) shall provide for the minimum features specified inSchedule I.5. (1) The State Government may, without prejudice to the conditions specified in Schedule ll,specify in the Scheme the conditions for providing the right to work under this Act.(2) The persons employed under any Scheme made under this Act shall be entitled to suchfacilities not less than the minimum facilities specified in Schedule II.6. (1) Notwithstanding anything contained in the Minimum Wages Act, 1948, the CentralGovernment may, by notification, specify the wage rate for the purposes of this Act: Provided that different rates of wages may be specified for different areas Provided also that such wage rates shall be negotiated with a wide range of representatives of workers’ organisations at an annual Labour Conference organised by the Ministry of Labour Provided further that the living wage rate specified from time to time under any such notification shall not be at a rate less than two hundred fifty rupees per day(2) Until such time as a wage rate is fixed by the Central Government in respect of any area in aState, the minimum wage fixed by the State Government under section 3 of the Minimum WagesAct, I948 for skilled urban workers, shall be considered as the wage rate applicable to that area.7. (1) If an applicant for registration under the Scheme is not provided such opportunity for workwithin fifteen days of receipt of his application seeking work opportunity or from the date on whichthe work opportunity has been sought in the case of an advance application, whichever is later,he/she shall be entitled to a daily unemployment assistance in accordance with this section.(2) If the work opportunity provided does not enable the applicant to earn the prescribed livingwage, the State Government shall be liable to pay the a balance wage.(3) Subject to such terms and conditions of eligibility as may be prescribed by the StateGovernment and subject to the provisions of this Act and the Schemes and the economiccapacity of the State Government, the unemployment assistance payable under sub-sections (1)and (2) shall be paid to the applicants of a household subject to the entitlement of the householdat such rate as may be specified by the State Government, by notification, in consultation with theState Council: Provided that no such rate shall be less than three-fourths of the living wage rate for the financial year
    • (3) The liability of the State Government to pay unemployment assistance to a household duringany financial year shall cease as soon as-(a) the applicant is directed by the urban local body or the Labour Officer to report for a workopportunity either by himself/herself or depute at least one adult member of his/her household; or(b) the period for which productive work is sought comes to an end and no member of thehousehold of the applicant had turned up for the work opportunity; or(c) the adult members of the household of the applicant have received in total at least threehundred days of work within the financial year at the living wage rate; or(d) the household of the applicant has earned as much from the wages and unemploymentassistance taken together which is equal to the wages for three hundred days of work during thefinancial year.(4) The unemployment assistance payable to the household of an applicant jointly shall besanctioned and disbursed by the Labour Officer or such urban local authority as the StateGovernment may, by notification, authorise in this behalf.(5) Every payment of unemployment assistance under sub-section (1) shall be made or offerednot later than fifteen days from the date on which it became due for payment.(6) The State Government may prescribe the procedure for payment of unemployment assistanceunder this Act.8. (1) If the Labour Officer is not in a position to disburse the unemployment assistance in time orat all for any reason beyond his control, he/she shall report the matter to the City LabourCoordinator and announce such reasons in a notice to be displayed on his notice board and thenotice board of the Labour Exchange and such other certain conspicuous places as he/she maydeem necessary.(2) Every case of non-payment or delayed payment of unemployment assistance shall bereported in the annual report submitted by the City Labour Coordinator to the State Governmentalong with the reasons for such non-payment or delayed payment.(3) The State Government shall take all measures to make the payment of unemploymentassistance reported under sub-section (1) to the concerned household as expeditiously aspossible.9. An applicant who-(a) does not accept the work opportunity provided to his/her household under a Scheme;( in thisscheme undignified work should not provided i.e., ban on undignified work)or(b) does not report for the work opportunity within fifteen days of being notified by the LabourOfficer or the implementing agency to report for the work opportunity;or(c) continuously remains absent from work, without obtaining a permission from the concernedimplementing agency for a period of more than one week or remains absent for a total period ofmore than one week in any month, shall not be eligible to claim the unemployment assistancepayable under this Act for a period of three months but shall be eligible to seek work opportunitiesunder the Scheme at any time. CHAPTER IV IMPLEMENTING AND MONITORING AUTHORITIES10. (1) With effect from such date as the Central Government may, by notification specify, thereshall be constituted a Council to be called the Central Right to Work Council to discharge thefunctions, and perform the duties, assigned to it by or under this Act.(2) The headquarters of the Central Council shall be at Delhi.(3) The Central Council shall consist of the following members to be appointed by the CentralGovernment, namely:-(a) a Chairperson;
    • (b) not more than ten representatives of the Central Ministries including the Planning Commissionnot below the rank of Joint Secretary to the Government of India as may be determined by theCentral Government;(c) not more than ten representatives of the State Governments as may be determined by theCentral Government;(d) not more than twenty non-official members representing organisations of workers anddisadvantaged groups: Provided that such non-official members shall include at least two chairpersons of the Urban Local Bodies nominated by the Central Government by rotation for a period of one year at a time Provided further that not less than one-third of the non-official members nominated under this clause shall be women Provided also that not less than one-third of the non-official members shall be belonging to the Scheduled Castes, the Scheduled Tribes, the Other Backward Classes and Minorities(e) a Member-Secretary not below the rank of Joint Secretary to the Government of India.(4) The terms and conditions subject to which the Chairperson and other members of the CentralCouncil may be appointed and the time, place and procedure of the meetings (including thequorum at such meetings) of the Central Council shall be such as may be prescribed by theCentral Government.11. (1) The Central Council shall perform and discharge the following functions and duties,namely:-(a) establish a central evaluation and monitoring system;(b) advise the Central Government on all matters concerning the implementation of this Act;(c) review the monitoring and redressal mechanism from time to time and recommendimprovements required;(d) promote the widest possible dissemination of information about the Schemes made under thisAct;(e) monitoring the implementation of this Act;(f) preparation of annual reports to be laid before Parliament by the Central Government on theimplementation of this Act;(g) any other duty or function as may be assigned to it by the Central Government.(2) The Central Council shall have the power to undertake evaluation of the various Schemesmade under this Act and for that purpose collect or cause to be collected statistics pertaining tothe urban economy and the implementation of the Schemes.12. (1) For the purposes of regular monitoring and reviewing the implementation of this Act at theState level, every State Government shall constitute a State Council to be known as the (name ofthe State) State Right to Work Council with a Chairperson and such number of official membersas may be determined by the State Government and not more than fifteen non-official membersnominated by the State Government from Urban Local Bodies, experts from organisations ofworkers and disadvantaged groups: Provided that not less than one-third of the non-official members nominated under this clause shall be women Provided further that not less than one third of the non-official members shall be belonging to the Scheduled Castes, the Scheduled Tribes, the Other Backward Classes and Minorities(2) The terms and conditions subject to which the Chairperson and members of theState Council may be appointed and the time, place and procedure of the meetings (including thequorum at such meetings) of the State Council shall be such as may be prescribed by the StateGovernment.(3) The duties and functions of the State Council shall include-(a) advising the State Government on all matters concerning the Scheme and its implementationin the State .(b) determining the preferred works;
    • (c) reviewing the monitoring and redressal mechanisms from time to time and recommendingimprovements;(d) promoting the widest possible dissemination of information about this Act and the Schemesunder it;(e) monitoring the implementation of this Act and the Schemes in the State and coordinating suchimplementation with the Central Council;(f) preparing the annual report to be laid before the State Legislature by the State Government;(g) any other duty or function as may be assigned to it by the Central Council or the StateGovernment.(3) The State Council shall have the power to undertake an evaluation of the Schemes operatingin the State and for that purpose to collect or cause to be collected statistics pertaining to theurban economy and infrastructure and the implementation of the Schemes and Programmes inthe State.13. (1) The Urban Local Bodies or Nagar Panchayats at City, Town or semi-urban areas shall bethe principal authorities for planning and implementation of the Schemes made under this Act.(2) The functions of the Urban Local Bodies or Nagar Panchayats or Municipal councils andcorporations shall be:(a) to finalise and approve projects to be taken up under a programme under the Scheme in thearea;(b) to supervise and monitor the projects taken up at the Urban Local Bodies or NagarPanchayats at City, Town or semi-urban areas level; and(c) to carry out such other functions as may be assigned to it by the State Council, from time totime.(4) The State Programme Coordinator shall assist the Urban Local Bodies or Nagar Panchayatsat City, Town or semi-urban areas in discharging its functions under this Act and any Schememade thereunder14. Ward Sabhas shall be formed in a situation wherein the Urban Local Bodies are representedby more than 10 lakh population (million plus). The formation of the Ward Sabha will be in line ofArticle 243 S of the Constitution, wherein these wards will have the principal authority for planningand implementation of the Schemes made under this Act.15. The monitoring of the implementation will be done through the Mohalla Sabhas and Samitiswhich would include any or all such members of the given locality who are adults and contributeto the productivity of the urban economy.16. The State Right to Work councils will form City Labour Coordinator and Labour Departmentwhich would undertake the task of registering all adults who either are in search of work or arealready working, and creating a database of each worker in the formal or informal sectors so as toprovide all workers a guarantee of work.17. Labour Officers and Exchanges shall be formed at all ward levels of the Urban Local bodies ineach division of the city or town. These offices shall have to be located to closer proximity to theresidential settlements of workers. The functions and the duties of these offices will be laid downby the City Labour Coordinator and Department18. Workers’ Monitoring Committees shall be for this purpose the vigilance committees andgrievance cells comprising of representatives from trade unions, non-government organisations,and experts working for the rights of the deprived classes. They would also work as whistleblowers for purposes of transparent implementation of the schemes: Provided that not less than one-third of the non-official members nominated under this clause shall be women Provided further that not less than one third of the non-official members shall belong to the Scheduled Castes, the Scheduled Tribes, the Other Backward Classes and Minorities
    • Provided that the members will continue for not more than 2 years from the time of formation19, The State Government shall make available to the Labour Exchanges and the ProgrammeOfficers necessary staff and technical support as may be necessary for the effectiveimplementation of the Scheme.20, The State Government shall, by rules, determine appropriate grievance redressalmechanisms in the form of Workers Monitoring Committees at the Labour Exchange level and theward level for dealing with any complaint by any aggrieved person in respect of implementation ofthe Scheme and lay down the procedure for disposal mechanism of such complaints: Provided these committees shall have to meet twice a month and maintain proper minutes and procedures be laid down for such purpose CHAPTERV ESTABLISHMENT OF NATIONAL AND STATE RIGHT TO WORK FUNDS AND AUDIT21. (1) The Central Government shall, by notification, establish a fund to be called the NationalRight to Work Fund for the purposes of this Act.(2) The Central Government may after due appropriation made by Parliament by law in thisbehalf, credit by way of grants or loans such sums of money as the Central Government mayconsider necessary to the National Fund.(3) The amount standing to the credit of the National Fund shall be utilised in such manner andsubject to such conditions and limitations as may be prescribed by the Central Government.(4) Central government should impose 10% to 15% right to work cess on corporate or companywhose annual income is more than 100 crores.22. (1) The State Government may by notification, establish a fund to be called the State Right toWork Fund for the purposes of implementation of the Scheme.(2) The amount standing to the credit of the State Fund shall be expended in such manner andsubject to such conditions and limitations as may be prescribed by the State Government for thepurposes of implementation of this Act and the Schemes made thereunder and for meeting theadministrative expenses in connection with the implementation of this Act.(3) The State Fund shall be held and administered on behalf of the State Government in suchmanner and by such authority as may be prescribed by the State Government.23. (1) Subject to the rules as may be made by the Central Government in this behalf the CentralGovernment shall meet the cost of the following, namely:-(a) the amount required for payment of wages for unskilled manual work under the Scheme;(b) up to three-fourths of the material cost of the Scheme including payment of wages to skilledand semi-skilled workers subject to the provisions of Schedule II;(c) such percentage of the total cost of the Scheme as may be determined by the CentralGovernment towards the administrative expenses, which may include the salary and allowancesof the Programme Officers and his/her supporting staff, the administrative expenses of theCentral Council, facilities to be provided under Schedule II and such other item as may bedecided by the Central Government.(2) The State Government shall meet the cost of the following, namely:-(a) the cost of unemployment allowance payable under the Scheme;(b) one-fourth of the material cost of the Scheme including payment of wages to skilled and semi-skilled workers subject to the provisions of Schedule II;(c) the administrative expenses of the State Council.(This is Schedule II of NREGA)24. (1) The City Labour Coordinator and all implementing agencies in the ward or Municipality orUrban Local Body shall be responsible for the proper utilisation and management of the fundsplaced at their disposal for the purpose of implementing the Scheme.
    • (2) The State Government may prescribe the manner of maintaining proper books and accountsof employment of labourers and the expenditure incurred in connection with the implementation ofthe provisions of this Act and the Schemes made thereunder.(3) The State Government may, by rules, determine the arrangements to be made for the properexecution of Schemes and programmes under the Schemes and to ensure transparency andaccountability at all levels in the implementation of the Schemes.(4) All payments of wages in cash and unemployment allowances shall be made directly to theperson concerned and in the presence of independent persons of the community or WorkersMonitoring Committee on pre-announced dates.(5) If any dispute or complaint arises concerning the implementation of a Scheme the matter shallbe referred to the Workers Monitoring Committee.(6) The Programme Officer shall enter every complaint in a complaint register maintained by him/her and shall dispose of the dispute and complaint within fifteen days of its receipt and in case itrelates to a matter to be resolved by any other authority it shall be forwarded to such authorityunder intimation to the complainant.24. (1) The Central Government may, in consultation with the Comptroller and Auditor General ofIndia, prescribe appropriate arrangements for audits of the accounts of the Schemes at all levels.(2) The accounts of the Scheme shall be maintained in such form and in such manner as may beprescribed by the State Government.25 (1) The Labour Offices across the city would keeping track of retrenchments and casual workareas which would not only include Contractors but also multi-national companies and bigcorporations along with all government establishments. In the event of removal of a worker(temporary/permanent/casual/daily wager), the necessary rule will be formulated towardspenalties imposed which would be included in the Funds and compensation to the worker.(2) Levies shall be laid down to discourage products or any part therefore which contribute toglobal warming through:-a) Higher taxes on higher consuming classesb) Funds from State Government budgets that accrue from higher social and environmental costsof high technology development projects(3) Public accountability and transparency mechanisms in fund flows will be ensured, particularlyfor the use of MP/MLA funds CHAPTER VI MISCELLANEOUS26. Whoever contravenes the provisions of this Act shall on conviction be liable to a fine whichshall be a minimum of one thousand rupees or as may be prescribed from time to time by theCentral and State Governments.27. (1) The Central Government may, by notification, direct that the powers exercisable by it(excluding the power to make rules) may, in such circumstances and subject to such conditionsand limitations, be exercisable also by the State Government or such officer subordinate to theCentral Government or the State Government as it may specify in such notification.(2) The State Government may, by notification, direct that the powers exercisable by it (excludingthe power to make rules and Schemes) may, in such circumstances and subject to suchconditions and limitations, be exercisable also, by such officer subordinate to it as it may specifyin such notification.28. (1) The Central Government may give such directions as it may consider necessary to theState Government for the effective implementation of the provisions of this Act.(2) Without prejudice to the provisions of sub-section (1), the Central Government may, on receiptof any complaint regarding the issue or improper utilisation of funds granted under this Act inrespect of any Scheme if prima facie satisfied that there is a case, cause an investigation into thecomplaint made by any agency designated by it and if necessary, order stoppage of release of
    • funds to the Scheme and institute appropriate remedial measures for its proper implementationwithin a reasonable period of time.29. The provisions of this Act or the Schemes made thereunder shall have effect notwithstandinganything inconsistent therewith contained in any other law for the time being in force or in anyinstrument having effect by virtue of such law: Provided that where a State enactment exists or is enacted to provide employment guarantee for unskilled manual work to urban households consistent with the provisions of this Act under which the entitlement of the households is not less than and the conditions of employment are not inferior to what is guaranteed under this Act, the State Government shall have the option of implementing its own enactment Provided further that in such cases the financial assistance shall be paid to the concerned State Government in such manner as shall be determined by the Central Government, which shall not exceed what the State would have been entitled to receive under this Act had a Scheme made under this Act had to be implemented30. (1) If the Central Government is satisfied that it is necessary or expedient so to do, it may, bynotification, amend Schedule I or Schedule II and thereupon Schedule I or Schedule II, as thecase may be, shall be deemed to have been amended accordingly.(2) A copy of every notification made under sub-section (1) shall be laid before each House ofParliament as soon as may be after it is made.31. No suit, prosecution or other legal proceedings shall lie against the City ProgrammeCoordinator, Programme Officer or any other person who is, or who is deemed to be, a publicservant within the meaning of section 21 of the Indian Penal Code in respect of anything which isin good faith done or intended to be done under this Act or the rules or Schemes madethereunder: Provided if such officer has been proved guilty and has been proven to have committed a discriminatory act against SC/ST/Minorities or women, such officer will have to face a fine up to Rs 50,000 or imprisonment upto 3 years32. (1) The Central Government may, by notification, and subject to the condition of previouspublication, make rules to carry out the provisions of this Act.(2) In particular, and without the prejudice of the foregoing power, such rules may provide for allor any of the following matters, namely:-(a) the number of representatives of the State Governments under clause (e) of sub-section (3) ofsection 10;(b) the terms and conditions subject to which the Chairman and other members of the CentralCouncil may be appointed, and the time, place and procedure of the meetings (including thequorum at such meetings) of the Central Council, under sub-section (4) of section 10;(c) the manner in which and the conditions and limitations subject to which the National Fundshall be utilised under sub-section (3) of section 20;(d) the rules relating to funding pattern to meet the cost of certain items under sub-section (1) ofsection 22;(e) any other matter which is to be, or may be, prescribed or in respect of which provision is to bemade by the Central Government by rules.33. (1) The State Government may, by notification, and subject to the condition of previouspublication, and consistent with this Act and the rules made by the Central Government, makerules to carry out the provisions of this Act.(2) In particular, and without prejudice to the generality of the foregoing power, such rules mayprovide for all or any of the following matters, namely:-{a) the terms and conditions upon which eligibility for unemployment allowance may bedetermined under sub-section (2) of section 7;(b) the procedure for payment of unemployment allowance under sub-section (6) of section 7;
    • (c) the terms and conditions subject to which the Chairperson and members of the State Councilmay be appointed, and the time, place and procedure of the meetings (including the quorum atsuch meetings) of their appointment to the State Council, under sub-section (2) of section 12;(d) the grievance redressal mechanism at the Block level and the District level and the procedureto be followed in such matter under section 19;(e) the manner in which and the conditions and limitations subject to which the State Fund shallbe utilised under sub-section (2) of section 22;(f) the authority who may administer and the manner in which he may hold the State Fund undersub-section (3) of section 22;(g) the manner of maintaining books of account of employment of labourers and the expenditureunder sub-section (2) of section 24;(h) the arrangements required for proper execution of Schemes under subsection(3) of section24;(i) the form and manner in which the accounts of the Scheme shall be maintained under sub-section (2) of section 25;(j) any other matter which is to be, or may be, prescribed or in respect of which provision is to bemade by the State Government by rules.34. (1) Every rule made by the Central Government under this Act shall be laid, as soon as maybe after it is made, before each House of Parliament, while it is in session, for a total period ofthirty days which may be comprised in one session or in two or more successive sessions, and if,before the expiry of the session immediately following the session or the successive sessionsaforesaid, both Houses agree in making any modification in the rule or both the Houses agreethat the rule should not be made, the rule shall have thereafter have effect only in such modifiedform or be of no effect, as the case may be; so, however, that any such modification or annulmentshall be without prejudice to the validity of anything previously done under that rule.(2) Every rule or Scheme made by the State Government under this Act shall, as soon as may beafter it is made, be laid before each House of the State Legislature where there are two Houses,and where there is one House of the State Legislature, before that House35. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Governmentmay, by order published in the Official Gazette, make such provisions, not inconsistent with theprovisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of three years from the commencement of this Act(2) Every order made under this section shall be laid, as soon as may be after it is made, beforeeach House of Parliament.SCHEDULE I (Minimum Features) and II (Minimum Entitlements) have to be debated andfinalised.The above draft was prepared by the Hazards Centre, in its then capacity as the Secretariat forthe Sajha Manch. It has been debated in several workshops and public meetings with centralTrade Uions in Delhi. In the meantime, the Draft has been circulated to organisations in about 20other cities and towns to obtain their comments.