Ministry of Labour and Employment, Government of India

Vision
Decent working conditions and improved quality of life of workers, ensuring India without child labor in hazardous sectors and enhancing employability through employment services and skill development on a sustainable basis.

Mission
Improving the working conditions and the quality of life of workers through laying down and implementing policies / programmes / schemes / projects for providing social security and welfare measures, regulating conditions of work, occupational health and safety of workers, eliminating child labour from hazardous occupations and processes, strengthening enforcement of labour laws and promoting skill development and employment services.

Organization Chart

Attached/Subordinate & Autonomous Bodies Attached Offices (DGE&T) (CLC(C)) (DGFASLI) (DGE&T) Directorate General of Employment & Training Chief Labour Commissioner (Central) Directorate General of Factory Advice Service and Labour Institutes Directorate General, Labour Bureau Subordinate Offices (DGMS) (LWO) (CGITs-cumLCs) (BoA) Directorate General of Mines Safety Labour Welfare Organisation Central Government Industrial Tribunal-cum-Labour Courts Board of Arbitration Autonomous Bodies (EPFO) (ESIC) (CBWE) (VVGNLI) (NIMI) (NSC) Employees' Provident Fund Organisation Employees State Insurance Corporation Central Board For Workers' Education V.V. Giri National Labour Institute National Instructional Media Institute National Safety Council

Administration
ADMIN I
INTRODUCTION Adm.I Section is Primarily Responsible for dealing with all Establishment/ administrative/ personnel/ service matters in respect of officers belonging to:All Group A officers posted in this Ministry under Central Staffing Scheme

Central Secretariat Service (CSS) Central Secretariat Stenographers Service (CSSS) Central Secretariat Clerical Service (CSCS) Official Language Service Cadres Staff Car Drivers. Multi Tasking Staff Library Staff Other ex-cadre posts including personal staff of Minister of Labour & Employment.

ORGANIZATIONAL CHART Joint Secretary (Admn.) Director/ Deputy Secretary (Adm.I) Under Secretary (Adm.I) Section Officer (Adm.I) CADRE UNIT DoP&T is the cadre controlling authority in respect of the posts of CSS/ CSSS/ CSCS cadres. Being the Cadre unit in respect of these posts, Adm.I Section manages the Staff of Main Secretariat and participating offices viz. DGE&T, CLC(C ), DGFASLI and DGLB in respect of officers/ officials belonging to these cadres.

Central Secretariat Service (CSS) Consisting of Assistants, Section Officers, Under

Secretaries, Deputy Secretaries and Directors

Central Secretariat Stenographers Service (CSSS) Consisting of Stenos Grade D,

Stenos Grade C, Private Secretaries, Principal Private Secretaries, Senior Principal Private Secretaries and Principal Staff Officers

Central Secretariat Clerical Service (CSCS) consisting of Lower Division Clerks and

Upper Division Clerks

RECRUITMENT CSS:-The direct recruitment in CSS is being done in Assistant Grade only through All India Competition being conducted by the Staff Selection Commission (SSC). Other posts are filled up by promotion. CSSS:- The Direct recruitment in CSSS is being done in Steno Grade D only through All India competition being conducted by the Staff Selection Commission (SSC). Other Posts are filled up by promotion. CSCS:-No direct recruitment is being done in CSCS. As per the Department of Personnel & Trainings instructions the 85% of the total vacancies arise in the LDC Grade is being abolished and only 15% of the vacancies is being filled up through Departmental Competitive Exam for amongst MTS (Multi Tasking Staff). Posts in UD Grade are being filled up by promotion of LDCs as per the provisions of CSCS Rules. APPOINTING AUTHORITY:CSS:- The appointing Authority in respect of CSS is President. Assistant is Group B (Non- Gazetted) post and Section Officer is Group B (Gazetted) post. All other posts of CSS are Group A (Gazetted). CSSS:- Steno Grade D is Group C post, Steno Grade C is Group B (Non-Gazetted) post and Private Secretary is Group B (Gazetted). All other posts of CSSS are Group A (Gazetted). The Appointing Authority in respect of Group A/ B posts of CSSS is President and in respect of Group C posts of CSSS is the Head of Department. CSCS:- Since LDC and UDC of CSCS are Group C posts, their Appointing Authority is the Head of Department.

ADMIN II
WORK ALLOCATED TO ADM.II SECTION Medical Service Rules, Reimbursement of medical expenses and C.G.H.S Identity Cards and Token Cards. Office and Residential accommodation. Telephones and telephone bills. Sanctions pertaining to Air Travel and Payment of Air Travel Bills. Loans for purchases of conveyances, House Building Advance etc. Advances/withdrawal from G.P.F Office Equipment and furniture(Purchase and Maintenance) Delhi Official Directory. Purchases, procurement and distribution of Stationery, other consumables and Liveries Reimbursement of Childrens Education Allowance, Tuition Fee, Telephone/Mobile/Broadband. Staff Cars and overtime bills of staff car drivers. All Advances Leave Travel Concession. Telex/Telephones/EPABX-Maintenance and payment. Issue of No Demand Certificate to Government Servants Transferred/retired All administrative matters relating to JCM like Arbitration, Meetings of JCM etc Payment of Employees Insurance Amount Meetings relating to Office Council. Passes for Independence Day and Republic Day celebrations. Organizing social and welfare activities by way of establishments of clubs and recreational centers for members of staff. Assistance to Government employees in relation to Contributory health Scheme, Housing, transport educational Facilities for children of employees etc. Family Planning Scheme- Popularization amongst staff of the M/o L&E Collection for Armed Forces Day, TB seals etc Maintaining First Aid Box House-keeping and General sanitation of the building

WORK ALLOCATED TO ADM.II SECTION Opening and closing of rooms. Liaison with CPWD, NDMC, etc in respect of maintenance of the Building Decoration and maintenance of indoor and outdoor plants Work relating of Hospitality To interact with other departments/agencies like Delhi Police, Fire Department and CPWD in connection with security, fire safety and maintenance of building, respectively Upkeep and Booking of Committee Rooms for different meetings organized by divisions/sections within the ministry and other bodies under the administrative control of ministry Organize and manage other events like Retirement of employees Lending help to other divisions in case of any exigency, as and when required, like providing logistic support at the venues outside the building for the Meetings/Workshops held at national/international level. Providing and maintenance of logistic support in the ministry viz. photocopier, computer, AC, Water Cooler, Water Ro System, Local Area Network etc.

ADMIN III
Items of Work Handled by Admin III Section Administrative matters relating to IES/ISS Officers and establishment matters (including framing of Recruitment Rules) in respect of Economic Officers, Investigators (Grade II) and Canteen employees working in the Main Secretariat of the Ministry of Labour & Employment. Coordination work of IES and ISS cadre posts in the Ministry of Labour & Employment. Maintenance of Service Books and sanctioning of leave of all Non-Gazetted staff including canteen employees working in the Main Secretariat of the Ministry of Labour & Employment. All matters pertaining to the Board of Arbitration (JCM) including framing of Recruitment Rules in respect of Chairman, BOA. Work relating to compilation of Statistical Statements and other information pertaining to Scheduled Castes/Tribes and Other Backward Classes (OBCs). Quarterly report regarding welfare measures for Minorities Recruitment in respect of

Group B, C & D. Maintenance of Record Room of the Main Secretariat of the Ministry of Labour & Employment. Circulation of orders, notifications and other material issued by DOP&T and Ministry of Finance. Work relating to compilation of Statistical Statements and other information pertaining to Physically Handicapped employees.

Child Labour
About Child Labour
The problem of child labour continues to pose a challenge before the nation. Government has been taking various pro-active measures to tackle this problem. However, considering the magnitude and extent of the problem and that it is essentially a socio-economic problem inextricably linked to poverty and illiteracy, it requires concerted efforts from all sections of the society to make a dent in the problem. According to the Census 2001 figures there are 1.26 crore working children in the age group of 5-14 as compared to the total child population of 25.2 crore. There are approximately 12 lakhs children working in the hazardous occupations/processes which are covered under the Child Labour (Prohibition & Regulation) Act i.e. 18 occupations and 65 processes. However, as per survey conducted by National Sample Survey Organisation (NSSO) in 2004-05, the number of working children is estimated at 90.75 lakh. It shows that the efforts of the Government have borne the desired fruits. Way back in 1979, Government formed the first committee called Gurupadswamy Committee to study the issue of child labour and to suggest measures to tackle it. The Committee examined the problem in detail and made some far-reaching recommendations. It observed that as long as poverty continued, it would be difficult to totally eliminate child labour and hence, any attempt to abolish it through legal recourse would not be a practical proposition. The Committee felt that in the circumstances, the only alternative left was to ban child labour in hazardous areas and to regulate and ameliorate the conditions of work in other areas. It recommended that a multiple policy approach was required in dealing with the problems of working children.

Based on the recommendations of Gurupadaswamy Committee, the Child Labour (Prohibition & Regulation) Act was enacted in 1986. The Act prohibits employment of children in certain specified hazardous occupations and processes and regulates the working conditions in others. The list of hazardous occupations and processes is progressively being expanded on the recommendation of Child Labour Technical Advisory Committee constituted under the Act. In consonance with the above approach, a National Policy on Child Labour was formulated in 1987. The Policy seeks to adopt a gradual & sequential approach with a focus on rehabilitation of children working in hazardous occupations & processes in the first instance. The Action Plan outlined in the Policy for tackling this problem is as follows: Legislative Action Plan for strict enforcement of Child Labour Act and other labour laws to ensure that children are not employed in hazardous employments, and that the working conditions of children working in non-hazardous areas are regulated in accordance with the provisions of the Child Labour Act. It also entails further identification of additional occupations and processes, which are detrimental to the health and safety of the children. Focusing of General Developmental Programmes for Benefiting Child Labour - As poverty is the root cause of child labour, the action plan emphasizes the need to cover these children and their families also under various poverty alleviation and employment generation schemes of the Government. Project Based Plan of Action envisages starting of projects in areas of high concentration of child labour. Pursuant to this, in 1988, the National Child Labour Project (NCLP) Scheme was launched in 9 districts of high child labour endemicity in the country. The Scheme envisages running of special schools for child labour withdrawn from work. In the special schools, these children are provided formal/nonformal education along with vocational training, a stipend of Rs.150 per month, supplementary nutrition and regular health check ups so as to prepare them to join regular mainstream schools. Under the Scheme, funds are given to the District Collectors for running special schools for child labour. Most of these schools are run by the NGOs in the district.

Government has accordingly been taking proactive steps to tackle this problem through strict enforcement of legislative provisions along with simultaneous rehabilitative measures. State Governments, which are the appropriate implementing authorities, have been conducting regular inspections and raids to detect cases of violations. Since poverty is the root cause of this problem, and enforcement alone cannot help solve it, Government has been laying a lot of emphasis on the rehabilitation of these children and on improving the economic conditions of their families.

Provisions
Constitutional Provisions
Article Title Description The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State, by law, may determine. No child below the age fourteen years shall be employed in work in any factory or mine or engaged in any other hazardous employment. 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

21A

Right to Education

24

Prohibition of Employment of Childrens in Factories

39

The state shall in Particular direct its policy towards securing

Legislative Provisions
Under Legislative Provisions Child Labour ( Prohibition & Regulation ) Act was enacted in 1986. Child Labour (Prohibition & Regulation) Act, 1986 As per the Child Labour (Prohibition & Regulation) Act, 1986 child means a person who has not completed his 14th year of age. The Act prohibits employment of children in 18 occupations and 65 processes contained in Part A & B of the Schedule to the Act (Section 3).

Under the Act, a Technical Advisory Committee is constituted to advice for inclusion of further occupations & processes in the Schedule. The Act regulates the condition of employment in all occupations and processes not prohibited under the Act (Part III). Any person who employs any child in contravention of the provisions of section 3 of the Act is liable for punishment with imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than Rs 10,000 but which may extend to Rs 20,000 or both. (Section 14).

The Central and the State Governments enforce the provisions of the Act in their respective spheres. Central Government is the appropriate authority for enforcement of Child Labour (P&R) Act in respect of establishments under the control of Central Government or a railway administration or a major port or a mine or oil field and in all other cases, the State Government.

Directions of Supreme Court

Main features of the directions of Supreme Court in their Judgment as on 10th December 1996

On 10th December 1996 in Writ Petition (Civil) No.465/1986 on MC Mehta verses state of Tamil Nadu the Supreme Court of India, gave certain directions on the issue of elimination of child labour. The main features of judgment are as under: Survey for identification of working children; Withdrawal of children working in hazardous industry and ensuring their education in appropriate institutions; Contribution @ Rs.20,000/- per child to be paid by the offending employers of children to a welfare fund to be established for this purpose; Employment to one adult member of the family of the child so withdrawn from work and it that is not possible a contribution of Rs.5,000/- to the welfare fund to be made by the State Government; Financial assistance to the families of the children so withdrawn to be paid -out of the interest earnings on the corpus of Rs.20,000/25,000 deposited in the welfare fund as long as the child is actually sent to the schools; Regulating hours of work for children working in non-hazardous occupations so that their working hours do not exceed six hours per day and education for at least two hours is ensured. The entire expenditure on education is to be borne by the concerned employer. The implementation of the direction of the Honble Supreme Court is being monitored by the Ministry of Labour and compliance of the directions have been reported in the form of Affidavits on 05.12.97, 21.12.1999, 04.12.2000, 04.07.2001 and 04-12-2003 to the Honble Court on the basis of the information received from the State/UT Governments. Enforcement Figures on Child Labour

Year 2007 2008 2009 2010

Inspections 351279 355629 295572 213544

Violations 9979 2709 1719 2219

Prosecutions 12705 11149 11033 8854 617 742

Convictions

1312 1226

2011 Total

39963 1255987

1258 17884

3904 47645

366 4263

International Programs IPEC

The International Programme on the Elimination of Child Labour is a global programme launched by the International Labour Organization in December, 1991. India was the first country to join it in 1992 when it signed a Memorandum of Understanding (MOU) with ILO. The MOU that expired on 31.12.1996 has thereafter been extended from time to time and has recently been extended till 31st December, 2006. The long-term objective of IPEC is to contribute to the effective abolition of child labour. Its immediate objectives are: Enhancement of the capability of ILO constituents and NGOs to design, implement and evaluate programmes for child labour; To identify interventions at community and national levels which could serve as models for replication; and Creation of awareness and social mobilization for securing elimination of child labour

ILO-assisted programmes relevant to child labour INDUS. Funded jointly by the Government of India and U.S. Department of Labor (USDOL), the project which concluded in 2008 covered 21 districts in five states (Madhya Pradesh, Maharashtra, Tamil Nadu, Uttar Pradesh, and Delhi), and operated in close collaboration with the NCLP and SSA. Launched in February 2004, it identified children working in the target districts, withdrew them from hazardous work and provided them with transitional schooling, pre-vocational education, and social support to prevent relapse. Adolescents who were withdrawn from hazardous work were provided with vocational training and alternatives for income generation. For parents, the project encouraged savings and development of more lucrative livelihoods. The project sought to retain children mainstreamed from transitional to formal education by improving their access to quality schooling. In addition, the project included a monitoring and tracking system, advocacy,

and capacity-building of national, state, district and local institutions. The project generated considerable interest in non-project areas prompting INDUS to promote replication of its successful strategies beyond the project areas. Andhra Pradesh State-Based Project : Funded by the U.K. Department for International Development (DfID), the project was launched in 2000 with the aim of using innovative models involving State agencies, employers and workers organizations and civil society to address child labour. Its urban model has already been replicated by the State Government. The project has also assisted the State Government develop its state Plan of Action for the elimination of child labour and to set up and finance a State Resource Centre. In the August 2008 review of the project, DfID has agreed to continue funding until March 2009 when state government funding for the Plan of Action will kick in. Karnataka State-Based Project, Funded by the Italian Government, this project works in Chamarajnagar and Bidar Districts and has components on awareness-raising and education, income generation through skills training and self-employment promotion. It is also promoting the Self-Help Group approach for participatory development and selfsustaining social change. As an alternative to child labour and to provide skills to adolescents, the project partners provide modular-based vocational training. Grass root and block level institutions, including the NCLP Societies are being capacitated to combat child labour. Community child labour monitoring is being established. The project is undertaking policy-oriented research, particularly on child labour in the agriculture sector. It is also pursuing the improvement of working conditions and child labour-free production (for example in silk) in local industries.

INDUS
INDUS (INDO-US CHILD LABOUR PROJECT) The Indus Project is jointly funded by the Ministry of Labour, Government of India and the Department of Labour, United States of America (USDOL) and is implemented in ten hazardous sectors in 21 districts across five states viz. Delhi, Maharashtra, Madhya Pradesh, Tamil Nadu and Uttar Pradesh. The Project has been completed on 31st March 2009. An estimated 103,152 child and adolescent workers withdrawn and rehabilitated against set target of 80,000 children.

The major components of the project would include: Identifying children working in hazardous occupations by means of a detailed survey. Withdrawing children in the age group 8-14 from hazardous occupations and providing them meaningful transitional education. Making provision for systematic Vocational education/training of adolescents. Providing viable income generating alternatives for families of children withdrawn from work. Strengthening public education of child workers (to be implemented through the Department of Education, MHRD) Monitoring/Tracking. Social mobilization. Capacity building of National/ State and Local Institutions Raising interest towards Action against Hazardous Child Labour in other States.

LIST OF DISTRICTS COVERED UNDER INDUS PROJECT

State MADHYA PRADESH MAHARASHTRA UTTAR PRADESH 5 5 5

Number of Districts

Districts Damoh, Sagar, Jabalpur, Satna and Katni Amravati, Jalna, Aurangabad, Gondia and Mumbai Suburban Moradabad , Allahabad, Kanpur Nagar, Aligarh and Ferozabad Kanchipuram, Tiruvallur, Virudhunagar NCT Delhi Thiruvannamallai, Nammakkal and

TAMIL NADU DELHI Total

5 1 21