Schemes for ensuring regular employment of unprotected workers.

§3

Summary

(1) For the purpose of ensuring an adequate supply and full and proper utilization of unprotected workers in scheduled employments, and generally for making better provision for the terms and conditions of employment of such workers 1* * * , the State Government may by means of a scheme provide for the registration of employers and unprotected workers in any scheduled employment or employments, and provide for the terms and conditions of work of 2[registered unprotected workers,] and make provision for the general welfare in such employments. (2) In particular, 3[a scheme may provide for all or any of the following matters that is to say-] (a) for the application of the scheme of such classes of 4[registered unprotected workers and employers,] as may be specified therein; (b) for defining the obligations of 5[registered unprotected workers and employers] subject to the fulfilment of which the scheme may apply to them; 6[(c) for regulating the recruitment and entry into the scheme of unprotected workers, and the registration and cancellation of registration of unprotected workers, and employers, including the maintenance of registers and waiting list of unprotected workers, removal, either temporarily or permanently, of names from the registers and waiting list, and the imposition of fees for registration;] (d) for regulating the employment of 7[registered unprotected workers,] and the terms and conditions of such employment, including rates of wages, hours of work, maternity benefit, overtime payment, leave with wages, provision for gratuity and conditions as to weekly and other holidays and pay in respect thereof; 7[(d-i) for providing the time within which registered employers should remit to the Board the amount of wages payable to the registered workers for the work done by such workers; for requiring such employers who, in the opinion of the Board, make default in remitting the amount of wages in time as aforesaid, to deposit with the Board, an amount equal to the monthly average of the wages to be remitted as aforesaid; if at any time the amount of such deposit falls short of such average, for requiring the employer to make good the amount of such average, and for requiring such employers who persistently make default in making such remittances in time to pay also, by way of penalty, a surcharge of such amount not exceeding 10 per cent. of the amount to be remitted as the Board may determine;] (e) for securing that, in respect of periods during which employment or full employment is not available to registered unprotected workers though they are available for work, such unprotected workers will, subject to the conditions of the scheme, receive a minimum wage; (f) for prohibiting, restricting or otherwise controlling the employment of unprotected workers to whom the scheme does not apply, and the employment of unprotected workers by employers to whom the scheme does not apply; (g) for the welfare of 8[registered unprotected workers] covered by the scheme in so far as satisfactory provision therefor, does not exist, apart from the scheme; (h) for health and safety measures in places where the 9[registered unprotected workers] are engaged, in so far as satisfactory provision therefor, is required but does not exist, apart from the scheme; (i) for the constitution of any fund or funds including provident fund for the benefit of 10[registered unprotected workers], the vesting of such funds, the payment and contributions to be made to such funds 11[(provision for provident fund and rates of contribution being made after taking into consideration the provisions of the Employees' Provident Funds Act, 1952 (XIX of 1952), and the scheme framed thereunder with suitable modifications, where necessary, to suit the conditions of work of such registered unprotected workers)], and all matters relating thereto; (j) for the manner in which, 12[the day from which (either prospective or retrospective)] and the persons by whom, the cost of operating the scheme is to be defrayed 13* * * * * (k) for constituting the persons or authorities who are to be responsible for the administration of the scheme, and for the administration of funds constituted for the purposes aforesaid; 14[(k-i) for specifying the powers and duties which the persons or authorities referred to in clause (k) may exercise or perform, for providing appeals and revision applications against the decisions or orders of such persons and authorities; and for deciding such appeals and applications and for matters incidental thereto;] (l) for such incidental and supplementary matters, as may be necessary or expedient for giving effect to the purposes of a scheme; 15* * * * * * * 17[(3) The scheme may further provide that,- (i) a first contravention of any provision thereof shall, on conviction, be punished with fine which may extend to such amount as may be specified (but in no case exceeding five lakhs rupees); (ii) for second or subsequent contravention of any provision thereof shall, on conviction, be punished with fine, which may extend to such amount as may be specified (but in no case exceeding ten lakhs rupees); and (iii) if the contravention is continued after conviction, with a further fine which may extend to five thousand rupees for each day on which the contravention is so continued.]

(1) For the purpose of ensuring an adequate supply and full and proper utilization of unprotected workers in scheduled employments, and generally for making better provision for the terms and conditions of employment of such workers 1* * * , the State Government may by means of a scheme provide for the registration of employers and unprotected workers in any scheduled employment or employments, and provide for the terms and conditions of work of 2[registered unprotected workers,] and make provision for the general welfare in such employments. (2) In particular, 3[a scheme may provide for all or any of the following matters that is to say-] (a) for the application of the scheme of such classes of 4[registered unprotected workers and employers,] as may be specified therein; (b) for defining the obligations of 5[registered unprotected workers and employers] subject to the fulfilment of which the scheme may apply to them; 6[(c) for regulating the recruitment and entry into the scheme of unprotected workers, and the registration and cancellation of registration of unprotected workers, and employers, including the maintenance of registers and waiting list of unprotected workers, removal, either temporarily or permanently, of names from the registers and waiting list, and the imposition of fees for registration;] (d) for regulating the employment of 7[registered unprotected workers,] and the terms and conditions of such employment, including rates of wages, hours of work, maternity benefit, overtime payment, leave with wages, provision for gratuity and conditions as to weekly and other holidays and pay in respect thereof; 7[(d-i) for providing the time within which registered employers should remit to the Board the amount of wages payable to the registered workers for the work done by such workers; for requiring such employers who, in the opinion of the Board, make default in remitting the amount of wages in time as aforesaid, to deposit with the Board, an amount equal to the monthly average of the wages to be remitted as aforesaid; if at any time the amount of such deposit falls short of such average, for requiring the employer to make good the amount of such average, and for requiring such employers who persistently make default in making such remittances in time to pay also, by way of penalty, a surcharge of such amount not exceeding 10 per cent. of the amount to be remitted as the Board may determine;] (e) for securing that, in respect of periods during which employment or full employment is not available to registered unprotected workers though they are available for work, such unprotected workers will, subject to the conditions of the scheme, receive a minimum wage; (f) for prohibiting, restricting or otherwise controlling the employment of unprotected workers to whom the scheme does not apply, and the employment of unprotected workers by employers to whom the scheme does not apply; (g) for the welfare of 8[registered unprotected workers] covered by the scheme in so far as satisfactory provision therefor, does not exist, apart from the scheme; (h) for health and safety measures in places where the 9[registered unprotected workers] are engaged, in so far as satisfactory provision therefor, is required but does not exist, apart from the scheme; (i) for the constitution of any fund or funds including provident fund for the benefit of 10[registered unprotected workers], the vesting of such funds, the payment and contributions to be made to such funds 11[(provision for provident fund and rates of contribution being made after taking into consideration the provisions of the Employees' Provident Funds Act, 1952 (XIX of 1952), and the scheme framed thereunder with suitable modifications, where necessary, to suit the conditions of work of such registered unprotected workers)], and all matters relating thereto; (j) for the manner in which, 12[the day from which (either prospective or retrospective)] and the persons by whom, the cost of operating the scheme is to be defrayed 13* * * * * (k) for constituting the persons or authorities who are to be responsible for the administration of the scheme, and for the administration of funds constituted for the purposes aforesaid; 14[(k-i) for specifying the powers and duties which the persons or authorities referred to in clause (k) may exercise or perform, for providing appeals and revision applications against the decisions or orders of such persons and authorities; and for deciding such appeals and applications and for matters incidental thereto;] (l) for such incidental and supplementary matters, as may be necessary or expedient for giving effect to the purposes of a scheme; 15* * * * * * * 17[(3) The scheme may further provide that,- (i) a first contravention of any provision thereof shall, on conviction, be punished with fine which may extend to such amount as may be specified (but in no case exceeding five lakhs rupees); (ii) for second or subsequent contravention of any provision thereof shall, on conviction, be punished with fine, which may extend to such amount as may be specified (but in no case exceeding ten lakhs rupees); and (iii) if the contravention is continued after conviction, with a further fine which may extend to five thousand rupees for each day on which the contravention is so continued.]

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