ThE Working of WE lfarE Boards

Workshop series: 12 / EE (2014)

ThE Working of WElfarE Boards for organized / Un organized sectors

in labour Welfare in Tamil nadu

state Planning Commission government of Tamil nadu

Chennai - 600 005.

State Planning CommissionState Planning Commission 1




state Planning Commission 04-02-2014

State Planning Commission2

Tamil nadu state Planning Commission The State Planning Commission was constituted in Tamil Nadu on 25th May 1971 under the Chairmanship of the Hon’ble Chief Minister as an Advisory body to make recommendations to the Government on various matters pertaining to the development of the State. The Chairman of the Commission is assisted by a team of Members, Consisting of Vice Chairman, Full Time Member & Part Time Members who are experts in various fields. The Additional Chief Secretary to Government, Planning, Development and Special Initiatives and the Principal Secretary to Government, Finance Department are the ex-officio members. The Member Secretary is responsible for administration in the Commission.

The Commission has the following technical divisions:1. Agricultural Policy and Planning

2. Industries, Power and Transport

3. Land Use

4. Education and Employment

5. Health and Social Welfare

6. District Planning and Rural Development

7. Plan Co-ordination.

Main activities of sPC:The Major Functions of the State Planning Commission are as follows:

1. Preparation of Five Year and Annual Plans based on the policies and priorities of the Government;

2. Undertake Mid Term review of the Five Year Plan, other special reviews on the Economy and advise the Government on appropriate modification and restructuring of the schemes;

3. Monitor development indicators that influence the Human Development Index, Gender Development Index, etc., at a disaggregated level and suggest correctional measures;

4. Undertake special studies as required for formulation and implementation of plan projects and programmes;

5. Tamil Nadu State Land Use Research Board (TNSLURB) is functioning under the chairmanship of Vice Chairman, State Planning Commission as a permanent body in the State Planning Commission. This Board is intended to promote interaction and study in the vital areas of land use. The State Planning Commission organizes seminars/workshops and undertake studies.

6. Human Development Reports (HDRs) were prepared for Dindigul, Sivagangai, Tiruvannamalai, Cuddalore, Nagapattinam, the Nilgiris, Kanyakumari and Dharmapuri districts. The concept of Human Development has been disseminated to all districts through workshops organized in the concerned districts. Proposal for preparation of District Human Development Reports (DHDR) for the remaining districts is under process.

7. State Balanced Growth Fund (SBGF) is operated to bridge the regional imbalances among the districts.


ConTEnTs

details Page no.

Workshop Team 4

Workshop Sessions 5

Executive Summary 7

Introduction 11

session i – “The Working of Welfare Boards for Organised / Unorganised Sectors in Labour Welfare in Tamil Nadu” - by Commissioner of Labour, Chennai.

21

session ii - Session II- “Role in ensuring safety, health, and welfare of the workers in Factories” - by Director of Industrial Safety and Health, Chennai

33

Recommendations 38

List of Participants 40


WorkshoP TEaM

state Planning Commission

Tmt. Santha Sheela Nair, IAS., (Retd.)Vice-Chairperson.

Thiru M. Balaji, IAS.,Member-Secretary,State Planning Commission, Chennai.

Thiru K. Kumaresan,Head of Division,Education and Employment Division.

Thiru A.Ramaiah, Planning Officer.Education and Employment Division.

Thiru S. Boopathy Mohan,System Analyst.

Dr. S.S. Ravichander,Technical Assistant,Education and Employment Division.

Tmt.Dharmasamvardhani,Private Secretary,Education and Employment Division.

departments

Dr. Chandra Mohan, IAS.,Commissioner of Labour, Chennai - 600 006.

Thiru. Ayyani, B.E.,Director of Industrial Safety and Health Chennai - 600 014.


Welcome address Thiru M. Balaji, i.a.s.,Member-Secretary,State Planning Commission,Chennai – 600 005.

Presidential address Tmt. santha sheela nair, ias., (retd.,),Vice-Chairman, State Planning Commission,Chennai - 600 005.

session i – “The Working of Welfare Boards for Organized / Unorganized Sectors in Labour Welfare in Tamil Nadu”

dr. Chandramohan,ias,Commissioner of Labour ,Chennai-6

session ii - “Role in ensuring safety, health, and welfare of the workers in Factories”.

Thiru. ayyanu, B.E.,Director, Industrial Safety and Health, Chennai

WorkshoP sEssions



ExECUTivE sUMMary

With the rapid growth of the economy,

the role of Labour Department has widened to

cover not only workers in organized sector but

also those in the unorganized sector. The total

number of workers in the State is 3.29 Cr (2011

Census). About 92% of them (i.e. 3.03 Cr) are in the

unorganized sector. Tamil Nadu is one of the most

industrialized and urbanized States with more

than 41,844 registered factories. The Department

is effectively enforcing various Labour Legislations

for protecting the interests of the workers engaged

in organized and unorganized sectors. Labour

Courts adjudicates on matters specified in the

Second Schedule to the Industrial Disputes Act,

1947. An Industrial Tribunal is functioning at

Chennai and adjudicates on matters specified in

the Third Schedule to the Industrial Disputes Act,

1947.

Enforcement of Labour Legislations is an

important activity of the Labour Department.

The enforcement machinery in the department

organizes special drives to ensure compliance of

statutory requirements of labour law and the laws

and the laws relating to weights and measures.

The primary duty of the enforcement officials is

to ensure that the parties concerned comply with

the objectives envisaged in the statutes and also to

prosecute them for non compliance, if any.

The state labour advisory Board (slaB) is

headed by the Hon’ble Minister for Labour and

comprises of Members of Legislative Assembly,

representatives of the employers, trade unions and

Government officials. It advises the Government

on matters arising out of various labour legislations

including the Industrial Disputes Act, 1947. The

Government have reconstituted the State Labour

Advisory Board and the 67th SLAB meeting was

held on 30.01.2013.

The Tamil nadu labour Welfare Board deals with

the welfare of organized workers and maintains

the Labour Welfare Fund under the Tamil Nadu

Labour Welfare Fund Act, 1972, which is applicable

to all Factories, Motor Transport undertakings,

Plantations, Catering Establishments and Shops &

Establishments. Welfare schemes cover Tailoring

Centres, Pre - Schools and Reading Rooms,

Scholarship to Students, Educational incentives,

Spectacles Assistance, Accident Death, Natural

Death Assistances etc.,

The major sources of funds for the Labour

Welfare Fund are statutory contributions from the

employees (@ Rs.7/- per employee), employers

(@ Rs.14/- per employee) and the Government of

Tamil Nadu (@ Rs.7/- per employee). Other sources

are unpaid accumulations due to workers, fines

realized from workers, fines realized by Courts

from employers, compounding fee, and voluntary

donations. Tamil Nadu Government enacted

The Tamil Nadu Manual Workers (Regulation of

Employment and Conditions of Work) Act, 1982, to


regulate the employment and conditions of work

and to provide social security to manual workers

engaged in 69 employments included in the

Schedule to the Act. The Tamil Nadu Government

have so far established 17 Unorganized Workers

Welfare Boards under the Department of Labour as

listed bellow :

1. Tamil Nadu Manual Workers Welfare

Board,

2. Tamil Nadu Washer men Welfare Board,

3. Tamil Nadu Hair Dressers Welfare Board,

4. Tamil Nadu Tailoring Workers Welfare

Board,

5. Tamil Nadu Handicraft Workers Welfare

Board,

6. Tamil Nadu Palm Tree Workers Welfare

Board,

7. Tamil Nadu Handlooms and Handlooms

Silk WeavingWelfare Board,

8. Tamil Nadu Footwear and Leather Goods

Manufactory and Tannery Workers

Welfare Board,

9. Tamil Nadu Artists Welfare Board,

10. Tamil Nadu Goldsmiths Welfare Board,

11. Tamil Nadu Pottery Workers Welfare

Board,

12. Tamil Nadu Domestic Workers Welfare

Board,

13. Tamil Nadu Power loom Weaving workers

Welfare Board,

14. Tamil Nadu Street Vending and Shops and

Establishments Workers Welfare Board,

15. Tamil Nadu Cooking Food Workers

Welfare Board,

16. Tamil Nadu Unorganised Drivers Welfare

Board,

17. Tamil Nadu Construction Workers Welfare

Board.

Tamil nadu Construction Workers

Welfare Board receives a cess from every person

who makes an application to a local authority

for issuing building permits for any building

construction work @ 0.3% of the total estimated

cost of the building or the construction work. The

Government is providing grants to all other Welfare

Boards from time to time. Financial Assistances are

given as Accident Relief Scheme, Funeral expense

Assistance, Educational Assistance to Children,

Marriage Assistance, Maternity Assistance and

pension etc., The Government of Tamil Nadu

have issued orders for disbursement of financial

assistance to the beneficiaries directly through

bank account in the districts of Kancheepuram,

Thiruvallur, Trichy, Kanyakumari, Thoothukudi and

Coimbatore. Considerable progress have been

made in transferring the financial assistance to

the beneficiaries account. This ECS scheme is now

extended and implemented in all districts of Tamil


Nadu to achieve greater transparency in service

delivery. This also induces the habit of savings

through banking by manual workers.

Tamil nadu academy of Construction

(TaC) provides skill training to workers registered

under the Tamil Nadu Construction / Manual

Workers Welfare Boards and their wards for

various skills required for the employment in the

unorganized sector. TAC focuses on retraining and

re-skilling workers through Government Industrial

Training Institutes. Training will be imparted in

Government Industrial Training Institutes under

Modular Employable Skill Training programme.

This Tamil nadu institute of labour

studies functioning with the following

objectives: Creating a pool of labour management

professionals, developing and updating the

knowledge, skills and attitudes of the officers of

the Labour Department and Factories Inspectorate,

disseminating knowledge by bringing out

publications and carrying out research on Labour

related issues.

The directorate of industrial safety and

health is playing a key role in ensuring safety,

health and welfare of the workers in Factories as

defined in the Factories Act, 1948. In Tamil Nadu

40,354 factories are registered under Factories

Act, 1948 covering 16,84,710 workers. Apart from

Factories Act, 1948, the provisions of 17 Labour

Acts and Rules are enforced by the Directorate



inTrodUCTion

The Vision Tamil Nadu 2023 document

envisages making Tamil Nadu “numero uno” State

in India. The document promotes a high growth

trajectory to bring the benefits of rapid economic

growth to its people. Inclusive and rapid economic

growth coupled with protection of rights of the

workers is the policy of the Government. The

tripartite consultative mechanisms of the State,

facilitate timely and effective exchange of ideas

on issues related to labour. In Tamil Nadu, the

industrial relations scenario is marked by

consultations, co-operation, consensus and not

confrontation. The Labour Department strives to

ensure harmonious industrial relations through the

legal framework of the Industrial Disputes Act. The

conciliation machinery of the State is continuously

engaged in resolving disputes by adopting the twin

strategies of anticipation and effective conciliation.

functions

Labour Department enforces labour legislations,

protecting the rights of workers and ensuring

their welfare, so as to maintain a congenial

labour environment, leading to speedy economic

growth and prosperity. Eradication of child labour,

enforcing Legal Metrology Act and provision of

social security to workers are some of the activities

of the department.

administrative structure

For enhancing the administrative efficiency and

improved enforcement of labour laws, it has been

proposed to reorganise the Department in the year

2013-14, in order to provide easy accessibility and

effective conciliation. The Department of Labour

has posted 36 candidates in the cadre of Labour

Officers by direct recruitment for the year 2011-12.

Likewise, 43 candidates were selected in the cadre

of Assistant Inspector of Labour.

industrial relations

Maintenance of industrial peace is essential for

achieving the objectives of growth and prosperity.

Progressive management and responsible labour

behaviour are the prerequisites for harmonious

industrial relations. The vibrant State conciliation

machinery of the Labour Department with

sufficient experience and expertise, facilitates the

resolution of disputes and promotes harmonious

industrial relations between the employers

and employees for achieving the objectives of

economic growth and prosperity. In order to

face the new challenges, capacity building of the

conciliation machinery is taking place periodically.

During the year 2012-13, the conciliation officers

have resolved 4,315 disputes.

labour Courts

There are 12 Labour Courts functioning in the

State. Four at Chennai, two at Vellore and one each

in Salem, Coimbatore, Cuddalore, Tiruchirappalli,

Madurai and Tirunelveli. Labour Courts

adjudicates on matters specified in the Second

Schedule to the Industrial Disputes Act, 1947, as

mentioned below:-


• The propriety or legality of an order

passed by an employer under the

Standing orders;

• The application and interpretation of

Standing orders;

• Discharge or dismissal of workmen

including reinstatement of grant of relief

to workmen wrongfully dismissed;

• Withdrawalofanycustomaryconcession

or privilege;

• Illegalityorotherwiseofastrikeor lock-

out; and

• Allmattersotherthanthosespecifiedin

the Third Schedule.

At the beginning of the year 2012-13, 9,698

cases were pending in various Labour Courts.

During the year, 1,396 cases were received and

3,238 cases were disposed. As a result of additional

infrastructure facilities provided to the Labour

Courts during the year 2011-12, pendency in

Labour Courts have been reduced to 7,856 by end

of the year 2012-13.

industrial Tribunal

An Industrial Tribunal is functioning at Chennai

and adjudicates on matters specified in the Third

Schedule to the Industrial Disputes Act, 1947, as

mentioned below:-

• Wages,includingtheperiodandmodeof

payment;

• Compensatoryandotherallowances;

• Hoursofworkandrestintervals;

• Leavewithwagesandholidays;

• Bonus,profit-sharing,providentfundand

gratuity;

• Shift working otherwise than in

accordance with standing orders;

Classification by grades;

• Rulesofdiscipline;

• Rationalisation;

• Retrenchmentofworkmenand closure

of establishment ; and

• Anyothermatterthatmayprescribed.

At the beginning of the year 2012-13,

89 cases were pending in the Industrial Tribunal.

During the year 39 cases were received and 35

cases were disposed.

Enforcement of acts and rules

Enforcement of labour legislations is

a vital activity of the Labour Department. The

enforcement machinery of the department

regularly conducts inspections and periodically

organises special drives to ensure compliance of

statutory requirements of labour laws and the

laws relating to legal metrology. The principal duty

of the enforcement officials is to ensure that the

stakeholders concerned comply with the objectives

envisaged in the statutes and to prosecute them for


non-compliance. The important labour legislations

enforced by the Labour Department are detailed

below:-

• TheTamilNaduShopsandEstablishments

Act, 1947 and The Tamil Nadu Catering

Establishments Act, 1958

• TheTamilNaduIndustrialEstablishments

(National and Festival Holidays) Act, 1958

• The Payment of Wages Act, 1936 and

The Contract Labour (Regulation and

Abolition) Act, 1970

• The Inter-State Migrant Workmen

(Regulation of Employment and

Conditions of Service) Act, 1979

• TheTamilNaduIndustrialEstablishments

(Conferment of ermanent Status to

Workmen) Act, 1981

• The Motor TransportWorkers Act, 1961

and The Working Journalists and Other

Newspaper Employees (Conditions of

Service and Miscellaneous Provisions)

Act, 1955

• The Industrial Employment (Standing

Orders) Act, 1946

• The Trade Unions Act, 1926 and The

Payment of Gratuity Act, 1972

• The Payment of Bonus Act, 1965 , The

Maternity Benefit Act, 1961 and The Equal

Remuneration Act, 1976

• TheTamilNaduPaymentofSubsistence

Allowance Act, 1981

• TheEmployees’CompensationAct,1923

,The Minimum Wages Act, 1948 and The

Plantations Labour Act, 1951

state labour advisory Board (slaB)

The State Labour Advisory Board is headed

by the Hon’ble Minister for Labour and comprises of

Members of Legislative Assembly, representatives

of the employers, trade unions and Government

officials. It advises the Government on matters

arising out of various labour legislations including

the Industrial Disputes Act, 1947. The Government

have reconstituted the State Labour Advisory

Board and the 67th SLAB meeting was held on

30.01.2013.

The Plantation labour housing advisory Board

and Plantation labour advisory Committee

The Plantation Labour Housing Advisory

Board ensures the provision of proper housing

facilities to the plantation labour. The Committee

is a statutory tripartite committee chaired by

the Principal Secretary to Government, Labour

and Employment Department, consisting of the

representatives of planters, workers and officials.

The Plantation Labour Advisory Committee is a

non-statutory tripartite committee, which deals

with the implementation of the Plantations

Labour Act, 1951. This Committee is chaired by the

Commissioner of Labour.



social securityTamil nadu labour Welfare Board In the year 1975, the Tamil Nadu Labour

Welfare Board was constituted under the Tamil

Nadu Labour Welfare Fund Act, 1972. It implements

various welfare schemes for the benefit of the

organised labour on a contributory basis. The

Hon’ble Minister for Labour is the Chairman of the

Board. The Board has 5 Employees’ representatives,

5 Employers’ representatives, 4 Government

representatives, 3 Members of the Legislative

Assembly and 2 Women representatives. In

order to implement various labour welfare

schemes, the Tamil Nadu Labour Welfare Board

receives contributions from the employees

and employers of the Factories, Plantations,

Motor Transport Undertakings and Shops and

Catering Establishments. The employees of the

above establishments contribute Rs.7/- and the

employers contribute Rs.14/- per worker per year.

The Government of Tamil Nadu contributes Rs.7/-.

The Board also receives fine amount imposed by

the Courts and compounding fees collected by

the Labour department against the employers for

violation of various Labour Acts and Rules.

Welfare assistance

The Board runs 71 welfare centers where

facilities like pre-school; tailoring and reading

room are made available. During the year 2012-

13, 19,402 workers and their wards have availed

assistance and an amount of Rs.103.59 lakh has

been spent on various welfare schemes. With a

view to enhance the benefits to workers enrolled

in Tamil Nadu Labour Welfare Board, it was decided

in the board meeting held on 21.11.12 to increase

educational assistance given to worker’s children

and to introduce death assistance of Rs.25,000/- to

the legal heirs of workers. It was also decided to

merge pre-schools with the ICDS of Social Welfare

Department and provide modular employable skill

training to worker’s children who contribute to

Labour Welfare Fund.

Magazine for Workers

The Board brings out a monthly magazine

“Uzhaippavar Ulagam”, which consists of court

judgments, labour Acts, question and answers,

consumer price index etc., for the benefit of the

workers, employers and also to the public. At

present, 5,478 members have subscribed to this

magazine. The price of the magazine is Rs.7/-

per copy an annual subscription Rs.80/-, and life

subscription Rs.750/-.

Unorganised Workers Welfare Boards

The Government of Tamil Nadu enacted

the Tamil Nadu Manual Workers (Regulation of

Employment and Conditions of Work) Act, 1982 to

regulate the employment of manual workers and

conditions of their work and provide social security

to manual workers engaged in employments

included in the Schedule to the Act. Tamil Nadu

is a pioneer in implementing welfare schemes

for unorganised workers. The Government have

established 17 unorganised workers welfare

boards under the Act.


Tamil nadu Construction Workers Welfare Board

Under section 6 of the Tamil Nadu

Manual Workers (Regulation of Employment

and Conditions of Work) Act, 1982, the State

Government established the Tamil Nadu

Construction Workers Welfare Board on 30.11.94

and formulated the Tamil Nadu Manual Workers

(Construction Workers) Welfare Scheme in 1994.

The scheme provides welfare measures for manual

workers engaged in construction or maintenance of

dams, bridges, roads or in any building operations.

The financial resources for implementing the

scheme are drawn from the “Manual Workers

General Welfare Fund”. The State Government

have notified that all individuals or agencies

engaged in any construction work shall pay

0.3% of the total estimated cost of the proposed

construction work towards the fund. The fund

is collected by local bodies while sanctioning

the building permit to individuals and other

construction agencies and remitted to the Tamil

Nadu Construction Workers Welfare Board. During

the year 2012-13, a sum of Rs.119.05 Cr was

collected as cess.

registration

A construction worker who has completed

18 years of age but has not completed 60 years and

engaged in any of the 38 classes of construction

work (Annexure I to the scheme) may register with

the Board. The registration is valid for two years

and may be renewed thereafter. No registration or

renewal fee is charged. The registered workers are

issued identity cards with registration numbers. 22.

84 lakh workers have registered with the Board

since its inception till 31.03.13.

Creche

Creche for the children of registered

construction workers are run by the Tamil Nadu

Construction Workers Welfare Board in three

centres viz., Chennai, Madurai and Coimbatore.

Tamil nadu Manual Workers Welfare Board and

15 other Boards

The Government constituted the Tamil

Nadu Manual Workers Welfare Board on 17.03.1999

and formulated the Tamil Nadu Manual Workers

Social Security and Welfare Scheme, 2001. Later

on, the scheme was substituted by the Tamil

Nadu Manual Workers Social Security and Welfare

Scheme, 2006. Government have allocated a sum

of Rs.90 Cr for the year 2012-13.

registration

A manual worker, who has completed 18

years of age but has not completed 60 years and

engaged in any of the 69 employments specified

in the schedule to the Tamil Nadu Manual Workers

(Regulation of Employment and Conditions of

Work) Act, 1982, may register with these Boards.

The registration is valid for two years and may be

renewed thereafter. No registration or renewal

fee is charged. The registered workers are issued

identity cards with registration numbers. In the


year 2012-13, 1.62 lakh workers have registered

in Tamil Nadu Manual Workers Welfare Board and

Other 14 Boards. In Unorganized Drivers Welfare

Board, 11,525 workers have registered and Rs.12.11

Cr has been collected as additional tax towards

welfare fund.

financial resources

The welfare boards are provided with

funds for implementing various schemes through

collection of cess / additional tax / Government

grants.

Computerisation

The Tamil Nadu Construction Workers

Welfare Board and Tamil Nadu Manual Workers

Welfare Board and Other 15 Boards are providing

various welfare assistance to the under privileged

working community. In order to speed up the

registration, renewal and disposal of claim

applications, Welfare Board offices and District

Labour Officers (Social Security Scheme) were

computerized.

disbursement of benefits through ECs

The Government of Tamil Nadu have

issued orders for disbursement of financial

assistance to the beneficiaries directly through

bank account in the districts of Kancheepuram,

Thiruvallur, Trichy, Kanyakumari, Thoothukudi,

Coimbatore. Considerable progress have been

made in transferring the financial assistance to

the beneficiaries account. This ECS scheme is now

extended and implemented in all districts of Tamil

Nadu to achieve greater transparency in service

delivery. This also induces the habit of savings

through banking by manual workers.

assistance under Welfare schemes

Financial assistances provided to registered

Manual Workers in the Unorganised Workers

Welfare Boards are as given below :-

1. accident relief scheme

2. natural death assistance - rs.15,000

3. funeral expenses assistance - rs. 2,000

4. Educational assistance

5. Marriage assistance

6. Maternity assistance – rs. 6,000

7. reimbursement of cost of spectacles

8. Pension – rs.1000/- per month

9 family Pension (applicable only to Tamil

nadu Construction Workers Welfare Board)

administrative mechanism of schemes

The process of registration, renewal,

sanctioning of claims and disbursement of

assistance to the manual workers registered

in all the 17 Welfare Boards are being done at

the District level by the Labour Officers (Social

Security Scheme), with effect from 01.11.2008.

The District Monitoring Committee, headed by

the District Collector, monitors and supervises the

administration of the scheme at the district level.


registration, renewal and Welfare assistance

During the year 2012-13, 79,750 workers

were registered, 1,50,901 beneficiaries have been

provided financial assistance to the tune of Rs.45.87

Cr by the Tamil Nadu Construction Workers Welfare

Board. During the same period the Tamil Nadu

Manual Workers Welfare Board and 14 other Welfare

Boards have registered 1,62,842 workers and a sum

of Rs.66.94 Cr has been released to the 2,94,352

beneficiaries. The Tamil Nadu Unorganised Drivers

Welfare Board has registered 11,525 workers and

released a sum of Rs.2.73 Cr as financial assistance

to 10,983 beneficiaries.

Tamil nadu academy of Construction

Tamil Nadu Academy of Construction

(TAC) provides skill training to workers registered

under the Tamil Nadu Construction / Manual

Workers Welfare Boards and their wards for

various skills required for the employment in the

unorganized sector. TAC focuses on retraining and

re-skilling workers through Government Industrial

Training Institutes. Training will be imparted in

Government Industrial Training Institutes under

Modular Employable Skill Training programme.

This is initially offered in Chennai, Tiruvallur,

Kancheepuram, Thiruvannamalai, Vellore, Madurai,

Trichy, Coimbatore and Salem Districts. Training is

provided free of cost. Certificate by the National

Council for Vocational Training (NCVT) will be

issued after successful completion of the course.

Trades for training under iTi

The Government Industrial Training

Institutes are skilling the ITI students in the trades

of 1). Basic Electrical Training, 2). House Wiring,

3). Painter Assistant / Helper, 4). Wall Painter, 5).

Wood Painter, 6). Metal Surface Painter. 7). Spray

Painter, 8). Basic Wood Work, 9). Wooden Furniture,

10). Assistant bar Bender & Steel Fixer, 11).Bar

Bender,12).Assistant Mason,13).Mason,14).Junior

Land Surveyor,15).Senior Land Surveyor, 16).

Assistant Plumber,17). Plumber etc,

Eradication of Child labour

Children are the future of the nation. If they

are healthy and active, educated and informed,

disciplined and trained, the future of the nation is

well ensured. It is, therefore, the duty of the society

to protect the interest of the children. Child labour

is a phenomenon of underdevelopment and is a

social evil. The State and Central Governments,

along with civil society have taken various steps

to eradicate this evil. The goal of eradication of

child labour has been of a prime importance to the

Government of Tamil Nadu and taken concerted

efforts to eradicate child labour in the State. The

Government have evolved an action plan to

eradicate child labour in all forms of child labour

and issued the criteria and guidelines to declare

a district as ‘Child Labour Free’. Tamil Nadu has

emerged as an example for others in the sphere

of eradication of child labour. SSA survey of 2011

has estimated the number of out of school children

due to economic compulsion as 13,446.


Enforcement

Enforcement is one of the important

strategies of the Action Plan for Eradication of Child

Labour. In order to strengthen the enforcement,

District Level Task Force are functioning in the

Districts under the Chairmanship of the District

Collectors. The under mentioned statutes,

containing provisions prohibiting employment

of children, are implemented in the State by

the Inspectors of Labour and Deputy Directors

of Industrial Safety and Health, 1) The Child

Labour (Prohibition and Regulation) Act, 1986,

2) The Factories Act, 1948, 3) The Motor Transport

Workers Act, 1961, 4) The Beedi and Cigar Workers

(Conditions of Employment) Act, 1966, 5) The Tamil

Nadu Shops and Establishments Act, 1947, 6) The

Tamil Nadu Catering Establishments Act, 1958.

During the year 2012-13, 89,488 establishments

were inspected through regular, special and

surprise inspections, including the raids conducted

by the teams formed under the District Level Task

Force. In the year 2012-13, 14 Violations noticed

and 9 prosecutions lodged. 25 cases ended in

Conviction and a fine of Rs.2,02,000/- has been

collected. All the rescued children below the age of

14 were enrolled in NCLP special training centers /

regular schools.

Tamil nadu industrial labour studies

Tamil Nadu Institute of Labour Studies was

established in 1973 by the Government of Tamil

Nadu. It was registered as a society under the Tamil

Nadu Societies Registration Act, 1975 on 08.10.87.

It started functioning as an autonomous body with

effect from 01.04.88. The main objectives of this

institute are to conduct graduate, Post-graduate

and Ph.D., programmes in Labour Management and

award degrees, diplomas and certificates for the

same. Impart knowledge and skills to prospective

and practicing managers, administrators and

office bearers of Trade Unions. Organise training

programmes, seminars, workshops and symposium

relating to laws on Weights and Measures for the

benefit of the consumers and enforcement officers.

Carry out research into matters concerning the

personnel management and labour welfare. Co-

operate and collaborate with educational and

other institutions in India and abroad by exchange

of teachers and scholars and through joint

programmes of research, training and consultancy.

The directorate of industrial safety and health

It is playing a key role in ensuring safety,

health, and welfare of the workers in Factories as

defined in the Factories Act, 1948. In Tamil Nadu


Act, 1948 covering 16,84,710 workers. Apart from

Factories Act, 1948, the provisions of 17 Labour

Acts and Rules are enforced by the Directorate.

The following functions are broadly carried out

by the Directorate of Industrial Safety and Health,

I) Regulatory functions. II) Health, Safety, Training

and Development functions. III) Enforcement of

Building and other Construction Activities.



sEssion - i : CoMMissionEr of laBoUr dEParTMEnT

Profile of labour department

The Role of Labour Department is crucial

in achieving rapid industrial and socio-economic

growth. The Policy of the State Government is to

have special focus on labour welfare. Tamil Nadu

is one of the most industrialized and urbanized

States with 41,844 registered factories.The total

number of workers in the State is 3.29 crore as per

2011 Census. About 92% of them (3.03 crore) are

in unorganized sector.

objectives of the department

The objectives of the department are

facilitating Harmonious Industrial Relations,

resolving industrial disputes, providing social

security to organized & unorganized workers,

eradication of child labour and enforcing Legal

Metrology Act to protect consumers interest

(Weights & Measures) and enforcement of Labour

Laws to safeguard workers’ interest.

social security

The Labour Department provides social

security to the worker and his family for guarantees

long term sustenance. Social security system

provides through insurance and assistance.

Indian context social security is a comprehensive

approach to prevent deprivation, assure a basic

minimum income to the worker and family and

protects worker from uncertainties. State bears

primary responsibility for developing system and

kinds of assistance. Today, it is a integral part of

development process and creates positive attitude.

organised sector:

The Social security for organized sector

are provided through some of the Statutes. They

are the Employees’ State Insurance Act in 1948,

the Employees’ Provident Funds & Misc Provisions

Act in 1952, the Employees’ Compensation Act

in 1923, the Maternity Benefit Act in 1961, the

Payment of Gratuity Act in 1972, the Minimum

Wages Act, in 1948 and the Payment of Wages Act

in 1936 . In addition to this the Tamil Nadu Labour

Welfare Board provides certain relief assistances.

Unorganised sector

The unorganised sector is characterized

by lack of labour law coverage, seasonal and

temporary nature of occupations, high labour

mobility, dispersed functioning of operations,

casualization of labour, lack of organizational

support & low bargaining power. In order to rectify

all this unorganised sector issues and to give social

security, the Tamil Nadu Government introduced

few unorganised welfare boards.

Tamil Nadu is a pioneer state in providing

social security to unorganised workers which

enacted TN Manual Workers (RE & CW) Act ,1982

and Rules,1986, Tamil Nadu Construction Workers

Welfare Board in 1994, Tamil Nadu Manual Workers

Welfare Board in 1999, Tamil Nadu Unorganised

Drivers Welfare Board in 2006. Presently in

addition to the above, 14 other welfare boards are

established for the betterment of the Unorganised

labours in Tamil Nadu.


i. Welfare Board for organised Workers

Tamil Nadu Labour Welfare Board was set up under

the Tamil Nadu Labour Welfare Fund Act, 1972 with

an aim to Promote the Welfare of the workers

employed in Organized Sector and this act covers

the establishments such as Factories, Motor

Transport Undertakings, Plantations, Catering

Establishments, Shops & Establishments

Constitution of Board

The board is constituted with a Chairman -

Hon’ble Minister for Labour, Five representatives

of employees, Five representatives of employers,

Three members of State Legislative Assembly, Four

Official members and Two Non-Official members.

source of fund

Employee contribution of Rs.7/- per year, Employer

Contribution of Rs.14/- per year, Government

contribution of Rs.7/- per year are the source of

funds to this board.

Welfare schemesLabour Welfare Centres consists of Tailoring Centres, Pre-Schools and Reading Rooms - 71 places. Financial assistances provided to organised Workers Welfare Boards are as given below.

Table - 1details of schemes

Scholarship - Post Graduation Rs. 6000/-Bachelor Degree Rs. 4000/-Diploma Course Rs. 2500/-Higher Secondary & I.T.I. Rs. 2000/-Educational Incentive - 10th Std. Rs. 2000/-12th Std. Rs. 3000/-Basic Computer Training Rs. 1000/-Book Allowance - Upto Rs. 3000/-Typewriting / Shorthand Assistance - Upto Rs. 1500/-Spectacles Assistance - Upto Rs. 500/-Hearing Aid, Three Wheeler & Artificial Limbs- Upto Rs. 1000/-Natural Death Assistance - Rs. 25000/- Funeral Assistance - Rs. 2000/-Accident Death Assistance - Rs.1,00,000 Funeral Assistance - Rs. 2000/-Marriage Assistance - Male Rs. 5000/- Female Rs. 3000/-

rest house Jeeva Illam, a stay home for Trade Union Leaders at Chennai was establish ed by the labour department.

holiday homes Jawaharlal Nehru Illam, Mamallapuram, Thiru-vi-ka Illam, Courtallam, Singaravelar Illam, Valparai are the holidays homes which were constructed by the department

Uzhaippavar Ulagam A monthly magazine for workers is published by the Board, Consists of Labour Laws and Judgments etc.


ii. Welfare Boards for Unorganised Workers

Tamil nadu Manual Workers (regulation

of Employment and Conditions of Work) act,

1982.

This Act regulates the conditions of work

and provides social security to manual workers. The

Rules for the Act was framed under the Act in 1986.

There are 69 categories of employments listed in

the Schedule to the Act. Tamil Nadu Construction

Workers Welfare Board was established in 1994,

for the welfare of manual workers engaged in

construction industry. The Tamil Nadu Manual

Workers Welfare Board established in the year

1999 for the welfare of manual workers engaged

in other categories of employments. In 2004, the

Government amalgamated all the 9 boards with

Tamil Nadu Manual Workers Welfare Board, while

Tamil Nadu Construction Workers Welfare Board

was continued separately.

In 2006, the amalgamated boards are

separated and additional Welfare Boards are

created during 2006-11. Presently, 17 Unorganized

Workers Welfare Boards are functioning under

Labour Department viz. Tamil Nadu Construction

Workers Welfare Board, Tamil Nadu Manual

Workers Welfare Board, Tamil Nadu Unorganized

Drivers Welfare Board, Tamil Nadu Washer men

Welfare Board, Tamil Nadu Hair Dressers Welfare

Board,Tamil Nadu Tailoring Workers Welfare Board,

Tamil Nadu Palm Tree Workers Welfare Board,

Tamil Nadu Handicraft Workers Welfare Board,

Tamil Nadu Handloom and Handloom Silk Weaving

Workers Welfare Board, Tamil Nadu Footwear and

Leather Goods Manufactory and Tannery Workers

Welfare Board, Tamil Nadu Artists Welfare Board,

Tamil Nadu Pottery Workers Welfare Board, Tamil

Nadu Domestic Workers Welfare Board, Tamil Nadu

Goldsmiths Welfare Board, Tamil Nadu Power loom

Weaving Workers’ Welfare Board, Tamil Nadu

Street Vending and Shops and Establishments

Workers’ Welfare Board, Tamil Nadu Cooking Food

Workers’ Welfare Board.

source of funds

Details are as under :

TNCWWB Cess @ 0.3% of the total estimated cost of building or any other construction work. In respect of buildings Local bodies receive and deposit the Cess in the welfare fund maintained by the board. The Government enhanced the rate of Cess from 0.3% to 1% vide G.O(Ms) No.295, L&E Dept., dated 17.12.2013.

TNUDWB 1% Additional motor vehicle tax on commercial vehicles is collected and deposited by the vehicle registration authorities in the welfare fund maintained by the board.

TNMWWB & 14 other boards

Receive annual grants from the Government through budgetary allocations.


kinds of Welfare assistances

Financial assistances provided to Unorganised Workers Welfare Boards are as given below :

sl. no. Welfare assistance amount1 accident relief scheme

a) Accidental Death Rs. 1,00,000b) Accidental Disability ( based on extent of Disability) upto Rs.1,00,000

2 natural death assistance Rs. 15,0003 funeral expenses assistance Rs. 2,0004 Educational assistance

a) Girl Children studying 10th Rs. 1,000b) 10th passed Rs. 1,000c) Girl Children studying 11th Rs. 1,000d) Girl Children studying 12th Rs. 1,500e) 12th passed Rs. 1,500f ) Regular Degree Course

with Hostel facility

Rs. 1,500

Rs. 1,750g) Regular Post Graduate Course


Rs. 4,000

Rs. 5,000h) Professional Degree Course


Rs. 4,000

Rs. 6,000i) Professional P. G Course


Rs. 6,000

Rs. 8,000j) ITI or Polytechnic


Rs. 1,000

Rs. 1,2005 Marriage assistance

(a) for men

(b) for Women

Rs. 3,000

Rs. 5,0006 Maternity assistance – Miscarriage / Medical Termination of

Pregnancy

Rs. 6,000

Rs. 3,0007 reimbursement of cost of spectacles upto Rs. 5008 Pension (Per month) Rs. 10009. family Pension (applicable only to Tamil Nadu Construction

Workers Welfare Board) (Per month)

Rs. 400


registration

A manual worker in the age of 18 – 60

years can register as a member with the respective

board. Worker submits a registration application in

the prescribed format along with (a) proof of age

(b) proof of address (c) employment certificate and

(d) bank account details. After receiving verification

from VAO/RI, registration cards are prepared and

issued.

Procedure for renewal

Renewal is once in two years. Renewal is

free. No renewal after 60 years. In the case of Tamil

Nadu Manual Workers Welfare Board and other 15

Boards, the membership will lapse automatically,

if not renewed in time. In the case of Tamil Nadu

Construction Workers Welfare Board membership

would be ceased after issuing notice for cancellation

as specified in clause (6) of the scheme.

administrative set Up of Boards

head offices at Chennai, The following welfare

board head quarters are located at chennai.

Tamil Nadu Construction Workers Welfare

Board for construction workers. (ii) Tamil Nadu

Manual Workers Welfare Board for remaining

15 unorganised welfare boards. (iii) Tamil Nadu

Unorganised Drivers Welfare Board for Tamil Nadu

Unorganised Drivers.

district offices and decentralisation of work

District Level Labour Offices (Social

Security Scheme) formed w.e.f. 01.11.2008. The

functions include registration, renewal, processing

of claims and disbursement of financial assistance

to the workers .

Claim processing

The applicant submits claim applications along with the documents mentioned below-

no. Welfare assistance documents to be enclosed1 Accident Relief Scheme

a) Accidental Death Original ID card, Original Death certificate, Post-mortem certificate, Legal heir certificate (in case of nomination not given), Ration Card, FIR, Bank account.

b) Accidental Disability Original ID card, Disability certificate by Civil Asst. surgeon and above, Ration Card. FIR. Bank account

2 Natural Death Assistance Original ID card, Original Death certificate, Legal heir certificate (in case of nomination not given), Ration Card, Bank account

3 Funeral expenses Assistance

-do-


4 Educational Assistance(only for 2 children)

Original ID card, Ration Card, Bona-fide certificate / attested copy of Mark sheet. Bank account

5 Marriage Assistance(only for 2 persons in a family, including self )

Original ID card, Ration Card, Age proof – 18 for women, 21 for men. Marriage invitation card, Bank account

6 Maternity Assistance(only for first 2 children)

Original ID card, Birth Certificate of the child, Ration Card, Bank account.

7 Spectacles Original ID card, Certificate from registered Opthalmist. Cash bill of Spectacles, Ration Card, Bank account.

8 Pension Schemea - Old Age Pension

Original ID card, Photograph-2, Ration Card, Bank account, Prior to 28.02.2011, should be a member for a continuous period of five years. After that no such criteria is required.

b) Disability Pension – Original ID card, Photograph-2, Disability certificate by Civil Surgeon and above, Ration Card, Bank account, Prior to 28.02.2011, should be a member for a continuous period of five years. After that no such criteria is required.

9 Family Pension – TNCWWB only

Photograph-2, Death certificate of the pensioner, Legal heir certificate, Ration Card, Bank account

Cross verification

Type of assistance Cross verification with

other department Marriage Social Welfare

Department Maternity Health Department Pension Revenue Department

Computerization of the functions of Welfare

Boards and District LO (SSS) offices are done w.e.f.

15.9.2009.

disbursement of Welfare assistance through ECs

The scheme of electronic transfer of relief

assistance to the bank accounts of the registered

workers / beneficiaries has been implemented

as a pilot project from 01.12.2011 in 6 districts

viz. Tiruchirappalli, Kancheepuram, Coimbatore,

Thiruvallur, Tuticorin and Kanyakumari. Now it has

been extended to all other districts.


Performances of Welfare Boardsa. Tamil nadu labour Welfare Board

no. of Beneficiaries and amount sanctioned during the period from 01.04.2012 to 31.03.2013

sl.no schemes Beneficiaries amount (rs)

1 Milk for children1,209

6,48,599

2 Mid day Meals for children 4,02,967

3 Eggs for children 3,00,883

4 Fruits for children 78,112

5 Uniforms for children 3,58,522

6 Stipend for Girl Tailoring Students 2,478 29,41,620

7 Examination Fees and related expenditure for Girl Tailoring Students

25,33,694

8 Prize of Sewing Machine for Girl Tailoring Students

122 5,36,800

9 Master Degree in Engineering 1 3,000

10 Master Degree in Education 1 3,000

11 Bachelor Degree in Engineering 124 2,97,600

12 Bachelor Degree in Medicine 6 14,400

13 Bachelor Degree in Education 5 12,000

14 Bachelor Degree in Law 1 2,400

15 Diploma in Engineering 41 59,040

16 Diploma in Physical Education 1 1,440

17 Higher Secondary Education 121 1,45,200

18 Education Incentive 100 69,500

19 Basic Computer Training 1 1,000

20 Book Allowance 69 32,600

21 Marriage Assistance 136 5,21,000

22 Spectacles Assistance 613 2,77,800

23 Hearing aid Assistance 2 2,000

24 Three wheelers and Artificial limbs --- ---

25 Funeral Expenses 58 1,16,000

26 Labour Welfare Centre Reading Room 2,478 1,84,338

27 Expenditure for Uzhaippavar Ulagam 5,478 3,28,127

28 Rest Houses Magazine Expenditure 6,357 4,25,510

29 Expenditure on Advt. and Exhibition --- 62,450

Total 19,402 1,03,59,662


B. Unorganized Workers Welfare Boardsassistants given under various schemes for the period from 01.04.2012 to 31.03.2013

sl.no name of the Period registered Beneficiaries amount (rs)

1 Tamil Nadu Manual Workers Welfare Board 31,696 51,265 12,45,11,061

2 Tamil Nadu Washer men Welfare Board 2,610 3,724 99,85,086

3 Tamil Nadu Hair Dressers Welfare Board 1,474 2,627 86,16,725

4 Tamil Nadu Tailoring Workers Welfare Board 46,928 80,672 18,45,94,542

5 Tamil Nadu Handicraft Workers Welfare Board 8,400 13,058 2,96,24,390

6 Tamil Nadu Palm Tree Workers Welfare Board 817 2,999 79,89,385

7 Tamil Nadu Handlooms and Handlooms Silk Weaving Workers Welfare Board 9,061 31,360 7,31,37,859

8Tamil Nadu Footwear and Leather Goods Manufactory and Tannery Workers Welfare Board

1,182 1,715 37,52,344

9 Tamil Nadu Artists Welfare Board 289 402 11,70,326

10 Tamil Nadu Goldsmiths Welfare Board 2,393 3,107 77,02,308

11 Tamil Nadu Pottery Workers Welfare Board 1,042 2,258 60,79,954

12 Tamil Nadu Domestic Workers Welfare Board 8,536 11,731 2,19,46,931

13 Tamil Nadu Power loom Weaving workers Welfare Board 7,128 19,579 4,38,16,677

14 Tamil Nadu Street Vending and Shops and Establishments Workers Welfare Board 41,286 69,855 14,64,63,188

15 Tamil Nadu Cooking Food workers Welfare Board (From 24.02.2011) Scheme not yet framed

16 Tamil Nadu Unorganised Drivers Welfare Board 11,525 10,983 2,73,35,168

17 Tamil Nadu Construction Workers Welfare Board 79,750 1,50,901 45,86,81,486

Total 2,54,117 4,56,236 115,54,07,430


achievements - Welfare assistance

Table - 2 Beneficiaries and amount disbursed

Period Registration Beneficiaries Amount (in Rs.)

Construction

Board (1995

to 31.12.2013)

23,44,146 7,77,281 227,22,74,258

Manual Board

& 15 other

Boards (1999

to 31.12.2013)

36,40,052 18,20,506 414,82,96,560

Total 59,84,198 25,97,787 642,05,70,818

Tamil nadu institute of labour studies

Tamil Nadu Institute of labour studies

(TILS) was established in 1973 by the Government

of Tamil Nadu. It was registered as a Society in

1987 and started functioning as an autonomous

institution from 1.4.1988.

governing Committee

A governing committee was constituted

by the Government through Notification. The

Composition of the committee is us follows.

Chairman - Hon’ble Minister for Labour,

Vice Chairman - Principal Secretary to Government,

Labour and Employment Department, Other

Members - Commissioner of Labour, Director

of Industrial Safety and Health, Secretary to

Government, Finance Department, Secretary to

Government, Higher Education Department, Vice

Chancellor, University of Madras, Employers &

Workmen Representatives, etc.,

government grants

The Government gives grants-in-aid,

Rs. 1,59,57,000/- per annum for administrative

expenses.

objectives

The main objectives fo the Institute are:

To conduct graduate, Post-graduate and Ph.D,

programmes in Labour Management and award

degrees, diplomas and certificates for the same,

To impart knowledge and skills to prospective

and practicing managers, administrators and

office bearers of Trade Unions, To organise training

programmes, seminars, workshops and symposia

on laws on Weights and Measures for the benefit of

the consumers and enforcement officers.

academic activities

Courses Students admitted

B.A. (Labour Management) 55

M.A. (Labour Management) 40

Ph.D on Labour Management 10

PGDLA (Post Graduate Diploma in

Labour Administration) –

One year evening course 102

Diploma in “Labour Laws with

Administrative Law” (One year

part time – week end Course) 50


Table - 3details of Training and seminars

sl. no Training no. of seminars Conducted

no. of Persons Benefitted

1 The Shop Act Training 9 780

2 Labour Officers Training 1 4

3 AIL Training 3 30

4 ILO Programmes 5 200

5 Programmes with V.V.Giri National Labour Institute

1 41

Upgrading the institute as centre of excellence

Government has constituted a Committee under the Chairmanship of the Commissioner of Labour

for preparing a report. 8 acres of land allotted by the Government at Ambattur. Building Design has been

approved. Rs. 15 crores is required for construction of buildings and other infrastructure such as Establishing

a school for the children of workers, Construction of building at a new campus for TILS, Construction of own

office building for TN Unorganized Drivers Welfare Board, Construction Labour Office Complex in districts,

strengthening the activities of Tamil Nadu Academy of Construction (TAC).




sEssion - ii : dirECToraTE of indUsTrial safETy and hEalTh

The Directorate of Industrial Safety and

Health is playing a key role in ensuring safety, health,

and welfare of the workers employed in Factories

as defined in the Factories Act 1948. In Tamilnadu


Act 1948 covering 17,66,360 workers. Apart from

Factories Act, 1948, the provisions of Labour Acts

and Rules are enforced by the directorates which

are 1). The Factories Act, 1948 and Tamil Nadu

Factories Rules, 1950. 2). The Payment of Wages

Act, 1936 and Tamil Nadu Rules, 1937. 3). The

Tamil Nadu Industrial Establishments (National

and Festival Holidays) Act, 1958 and Rules, 1959.

4). The Minimum Wages Act, 1948 and Tamil Nadu

Rules, 1953. 5). The Maternity Benefit Act, 1961 and

Tamil Nadu Rules, 1967. 6). The Contract Labour

(Regulation and Abolition) Act, 1970 and Tamil

Nadu Rules, 1975. 7). The Tamil Nadu Industrial

Establishments (Conferment of Permanent Status

to Workmen) Act, 1981 and Rules, 1981. 8). The

Equal Remuneration Act, 1976 and Rules, 1976.

9). The Tamil Nadu Payment of Subsistence

Allowance Act, 1981 and Rules, 1981. 10). The

Tamil Nadu Labour Welfare Fund Act, 1972 and

Rules, 1973. 11). The Child Labour (Prohibition

and Regulation) Act, 1986 and Tamil Nadu Rules,

1994. 12). The Labour Laws (Exemption from

Furnishing Returns and Maintaining Registers

by Certain Establishments) Act,1988. 13). The

Inter-State Migrant Workmen (Regulation of

Employment and Conditions of Service) Act, 1979

and Tamilnadu Rules 1983. 14). The Building

and Other Construction Workers (Regulation of

Employment and Conditions of Service) Act, 1996

and Tamil Nadu Rules, 2006. 15). The Payment of

Gratuity Act, 1972 and Tamil Nadu Rules, 1973.

16). Manufacture, Storage and Import of Hazardous

Chemicals Rules, 1989. 17). The Tamil Nadu Control

of Industrial Major Accident Hazards Rules, 1994.

regulatory functions.

The regulatory functions of the directorate are

detailed below

• Officials of this Directorate carry out

periodical inspections and ensure proper

implementation of Safety, Health and

various welfare measures enshrined in

these Labour Acts and Rules.

• FactoriescertifiedasSmallScaleIndustries

are inspected only once in a period of five

years provided no dangerous operations

carried-out, no accident occurs or no

complaints received.

• FactoriescertifiedasSmallScaleIndustries,

but engaged in dangerous operations

and Non–SSI units are inspected once in a

period of six months.

• Match and Fire Works Factories are

inspected once in three months because of

the risk involved in the nature of work and

also to eradicate child labour employment.

• Inadditiontotheabovefunctions,special

holiday and check inspections are also

undertaken for better monitoring of the

safety, health and welfare provisions. In

the Current Financial year, so far 30,943

inspections have been carried out by the

officials of this directorate, 2,695 cases filed

and Rs. 1.73 crores have been imposed as

penalty.


• To eradicate Child labour, Squad

inspections also conducted along with

other department officials in addition to

regular inspections. So far 29 children have

been identified and cases were filed.

• Complaintsreceivedfromtheworkersand

Trade Union leaders are given top priority

and they are enquired and suitable actions

are being taken to settle the grievances at

the earliest possible time.

• The Tamil Nadu Industrial Establishments

(Conferment of Permanent status to

workmen) Act, 1981 confers permanent

status to workmen who have put in a

continuous service of 480 days within a

period of 24 calendar months. So far 38,108

workers in 2,633 factories were made

permanent.

• Apartfromtheroutineinspections,special

inspections are also conducted under

Minimum Wages Act to ensure the payment

of minimum wages to workers.

hazardous Process industries Usage of Chemicals beyond a certain

quantity that is likely to affect the health and

safety of workers and the public are classified as

“Major Accident Hazardous Factories”. A Major

Accident Hazard (MAH) Control Cell formed at the

Headquarters which recommends suitable safety

measures to the Major Accident Hazard Factories

to prevent Industrial disasters.

In Tamil Nadu, there are 125 MAH factories.

The District Collectors are the “District Emergency

Authority“ for Off-Site Emergency preparedness

Plans. Director of Industrial Safety and Health is

the authority for On-Site Emergency preparedness

Plans. Mock drills are conducted once in every six

months under the supervision of the officials of

this directorate to assess the operational efficiency

in the event of real emergency arises.

site appraisal Committee: This Committee

has been constituted as per Section 41-A of the

Factories Act. This committee scrutinizes the

applications from hazardous process industries

for initial location or expansion and offers remarks

& recommendations for the approval of the

Government.

The Revenue Receipts of the Directorate from

1-4-2012 to 28-02-2013 in given below

Table - 4 details of revenue receipts

sl. no.

nature of fees Collected

amountin rs.

1 Factories License fees 53,30,08,887

2. Other than license fees 3,66,141

3. Pressure Vessels Testing fees

9,87,08,599

4. Medical Examination fees

94,31,066

5. License fees under contract labor act

22,45,538

6. Registration fees under building and other constructions workers Act.,

11,16,381

Total 64,48,76,612


health, safety and Training functions

health Promotion functions

A medical wing is established in the

Directorate. This medical wing has one Chief

Medical Officer and eight Medical Officers. Health

surveys are conducted by this wing in chemical

factories. Medical examination is conducted

periodically for Canteen workers. Adolescent

workers and workers employed in Hazardous

process industries are examined and fitness

certificates are issued. Medical officers accompany

Child labour squad to ascertain the age of child.

So far 29,041 workers in dangerous operations,

33,978 adolescents and 4,708 canteen workers

are examined by the Medical Officers and Fitness

Certificates are issued.

industrial hygiene Unit An Industrial Hygiene Unit, functioning in this

Directorate, collects air samples and tests the

presence of chemical pollutants in the work

place. On the basis of this report, necessary

recommendations were issued.

noise Pollution The noise level is monitored with Sound

Level Meter and necessary steps are taken to

safeguard the workers from exposure to high noise

level.

general safety Provisions The department takes special initiatives

to provide general safety to workers and factories.

The general safety provisions are Electrical Safety,

Chemical Safety, Machinery Safety, and Usage

of Personnel Protective Equipments to prevent

accidents.

Prevention of accidents and performance of department in preventing accidents. The department has undertaken various

measures. They are :

1. To prevent accidents, Special squad

inspections are conducted in Fireworks

factories, legal action are taken for the

violations. State Safety Awards and

Uyarntha Uzhaipalar Virudhu are awarded

every year to managements and workers

respectively. Special Safety Awards

presented every year to 9 fireworks

managements. Pressure vessels installed

in the factories are tested periodically to

ensure safety. In 2013, 1,05,002 tests are

made and certified for the available total

numbers of Pressure Vessels.

2. To create awareness on safety, training

classes are conducted in the factories. Safety

Propaganda Campaigns are conducted by

the officials to promote safety in Chemical

industries. So far, 368 Safety training classes

are conducted benefitting 16,003 workers

and 100 Safety Propaganda Campaigns are

conducted benefitting 5,211workers.

3. Training centre for the benefit of workers of

fireworks factories was started at Sivakasi

and 31 batches are conducted, 978 workers

have been trained.


Additional Director of Industrial Safety and Health is the head of the Mobile Team which has been formed

to monitor safety in fireworks factories and to create continuous awareness among workers and the

managements. The Mobile Team has conducted 299 inspections.

ProsecutionsProsecutions are launched against the erring managements for serious contravention of non provision of

welfare facilities for the workers and non – observance of Health and safety provisions, non-maintenance

of safety provisions resulting in total and serious accidents.

Table - 5details of prosecutions (1-4-2012 to 31-3-2013)

sl. no. name of the act.,no. of

Cases filedfair amount

realised

1 Factories act 1948 6,187 2,93,52,650

2.Contract Labor Act 1970

(Regulations & absolutions) 54 54,500

3.Tearing Ladies Industrial establishment (National & Festival

Holidays) Act – 1958108 35,675

4. Payment of wages act., 1936 122 1,17,350

5. Minimum wages act 1948 54 27,300

6. Tamil Nadu Industrial Establishment act 1981 29 10,500

7. Child Labor Act., 1986 115 4,55,00

8. Building and Other constructions workers Act 1996 535 2,44,150

9. Other Allied Act 1961 and 1976 20 23,850

Total 7,224 3,03,20,975


Building and other Construction activities – Enforcement & Training Building and other construction works


Service) Act 1996 and Tamilnadu Rules, 2006, has

been enforced by the Directorate of Industrial

Safety and Health. By enforcing Building and Other

Construction Workers Act, safety and welfare of

the construction workers are ensured. So far 980

construction establishments have been registered.

TrainingIn each division of this Directorate, at least two

training programmes are conducted every month

at the construction sites. Dedicated training

programmes are conducted by the officials in the

construction sites to educate the construction

workers on occupational safety.


Child labour

• Though a large number of enforcement and

rehabilitation activities so far taken by the

Government have resulted in significant reduction

in the number of child labour in the State, it

appears that still this social evil is prevalent in

domestic work, catering and eateries, automobile

workshops, petty shops in the streets, etc. The

employment of children in domestic work is not

openly visible while employment of children in

other employment activities is visible. Hence,

the enforcement activities of the labour and

industrial safety and health departments

should be made vibrant so that the erring

employers are punished.

awareness Programme

• Massive awareness programme on continuous

basis must be undertaken to sensitize every

citizen that child labour is an evil and employing

children below the age of 14 is punishable with

imprisonment and fine. Awareness programme

should involve all sections of the people such

as employers associations, trade unions, hotel

associations, associations of various traders/

business, resident associations, flat owners’

associations, etc., including school and college

students. These bodies may be appropriately

associated with the labour Department in

conducting awareness campaigns. In addition,

they should declare that they would not employ

child labour in their activities/business and will

ensure that the members of their associations/

bodies abide by it. Celebrities may also be roped

in to ensure that the campaign is effective and

reaches the masses. The existing awareness

strategies of the Labour Department should

be reconsidered, appropriately modified and

additional strategies included. a suitable

proposal in this regard should be prepared

and submitted to the government seeking

additional funds under intimation to the state

Planning Commission which would send its

recommend in the matter to the government

for appropriate action.

• special safety rules Exclusively for fire and

Match Works - There are 2500 fire and match

works factories in Sivakasi and Virudhunagar areas

and 4500 in the whole State of Tamil Nadu. In

the past years, only conventional methods were

adopted in the production of fire and Match works

and occurrence of accidents were less. Of late, the

accident rate is alarming due to the addition of

many chemicals to produce fancy cracker items.

The usage of new addition of chemical in the recent

periods necessitates framing of Special Safety

rules with operating procedures to curtail the rate

of accidents. Already in Schedule XXIV under rule

95 of Tamil Nadu Factories rules 1950, safety rules

have been framed and revised with elaborate

guidelines and Safe operating procedures, as new

chemicals have been introduced in the production

of fancy crackers. To have more stringent safety

enforcement, fireworks are classified under

rECoMMEndaTions / oUTCoMEs


Section 2(cb) of Factories Act 1948. But these

safety provisions could not be enforced as the

writ filed by the TANFAMA is pending before the

Honourable High Court of Madras. Hence framing

of Special Safety Rules exclusively for Fire and

Match Work factories in and around Sivakasi and

Virudhunagar areas is essential in order to bring

down the accident occurrence.

• strengthening of enforcement machinery

of the directorate of industrial safety and

health -To have effective enforcement and

to impart quality training to sensitize the

construction workers towards safety awareness

at the construction sites under Building and other

Construction Workers (Regulation of Employment

and Conditions of Service) Act, strengthening the

existing enforcement machinery of the said Act is

essential. At present, the enforcement machinery

of Building and other Construction Workers

(Regulation of Employment and Conditions

of Service) Act is inadequate, more number of

enforcement officers along with supporting staff

may be created for the effective enforcement

of the said Act. Issue of Registration Certificate

under Contract Labour Act and Interstate Migrant

Workmen Act, in Building and other Construction

sites, is being carried out by the officials of the

Labour Department, which causes bottle necks

in enforcing safety and health provisions by this

Directorate. To have more effective enforcement

of Building and other Construction Workers


Service) Act, issue of Registration Certificate

under Contract Labour Act and Interstate Migrant

Workmen Act, in Building and other Construction

sites, shall also be entrusted to the officials of the

Directorate of Industrial Safety and Health.


lisT of ParTiCiPanTs

s.no. name and designation

1Tmt. santha sheela nair, ias., (retd.,), Vice-Chairman, State Planning Commission, Chennai - 600 005.

2dr. Chandramohan, ias,Commissioner of Labour, Chennai-6

3Thiru. ayyanu, B.E., Director, Industrial Safety and Health, Chennai - 14.

4Thiru. s. ragavan, Secretary, South Indian Chamber of Commerce & Industry.

5Thiru. C.k. Mohan, General Secretary, TANSTIA, 10 GST Road,Guindy, Chennai – 32.

6 Thiru. Col. ragunathan,Director, CII, Chennai.

7Thiru. vinod solomon,Assistant Secretary,The South India Chamber of Commerce & Industry.

8 Thiru. C. gnanasekara Babu rao,Senior Additional Director of Industrial Safety & Health, Chennai - 14.

9 Thiru. vinod solomon,Assistant Secretary,The South India Chamber of Commerce & Industry.

10 Thiru C. gnanasekara Babu rao,Senior Additional Director of Industrial Safety & Health, Chennai - 14.


11 Thiru ismail,Senior Additional Director of Industrial Safety & Health (BOCW), Chennai - 14.

12 Thiru r. Balachandran,Secretary, Tamil Nadu Manual Workers Welfare Board, Chennai - 102.

13 Ms. Uma devi,Secretary, Tamil Nadu Labour Welfare Board, Chennai - 6.

14 Ms. a. yasmin Begum,Spl. Deputy Commissioner,Labour Department, Chennai - 6.

15 Thiru T. kumaran,Director (i/c), Tamil Nadu Institute of Labour Studies, Chennai - 5.

16 Thiru M. radhakrishnan Pandian,Deputy Commissioner of Labour.

17 Thiru r. senthil kumari,Director, TAC.





state Planning Commission government of Tamil nadu

Chennai - 600 005.

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