Labour Minister letter

Ministry of personnel, P-G and Pensions department of personnel and training vide its letter No. 31011/3/2015-Estt (A-IV) dated 17 April 2017 has permitted flexi-fare (Dynamic fare) applicable in Rajdhani/Shatabdi/Duronto trains if the journey is performed by their trains while availing LTC by a Government official. The order is given below:-

OFFICE MEMORANDUM

Sub:- Clarification regarding admissibility of flexi-fare in Rajdhani/Shatabdi/Duronto trains while availing LTC.

 as per Railway Board’s Circular No. 46 of 2016 dated 07.09.2016, Ministry of Railways have introduced a flexi-fare system in Rajdhani/Shatabdi/Duronto trains, where the base fares will increase by 10% with every 10% of berths sold subject to a prescribed ceiling limit. In this regard, this department is in receipt of references from various segments seeking clarification in the issue of admissibility of flexi-fare while booking the tickets of these trains for the purpose of LTC.

2. The matter has been examined in consultation with Department of Expenditure, Ministry of finance and it has been decide that flexi fare (dynamic fare) applicable in Rajdhani/Shatabdi/Duronto trains shall be admissible for the journey(S) performed by these trains on LTC. This dynamic fare component shall not be admissible in cases where a non-entitled Government servant travels by air and claims reimbursement for the entitled class of Rajdhani/Shatabdi/Duronto trains. Such Government servants will get reimbursement of fare after deducting the dynamic fare component.

3. The above decision shall be applicable retrospectively with effect from 9th September, 2016, i.e. the date from which flexi-fare system was introduced by Railways.

4. Hindi version will follow.

                                                                                                           

                                                                                    (Surya Narayan Jha)

                                                              Under Secretary to the Government of India

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Shri  Bandaru Dattatreya,

Hon’ble Minister for Labour & Employment,(Independent Charge)

Government of India

Shram Shakti Bhawan,

Rafi Marg, New Delhi -110019.

Sub: Child Labour Amendment Bill 2016.

 Respected Sir,

The Parliament of largest democracy of world has passed the Child Labour (Prohibition and Regulation) Amendment Bill 2016. The Bill amends the Child Labour (Prohibition and Regulation) Act 1986 which prohibits the employment of children below 14 years in 83 hazardous occupations and processes. The Bill has brought down the list from 83 to just 3 i.e. mining, inflammable substances and hazardous processes under Factory Act.

The definition of Family and Family Enterprise under the Bill creates lots of doubts which include not only parents and siblings but also the siblings of either parent. We fail to understand the reason, rational, urgency and need of allowing children below 14 years to work may be in Family Enterprises. It is nothing but opening a backdoor entry for large number of children to enter workforce in carpet, zari, beedi units, mica, diamond cutting, gem polishing, manual scavenging, brick kiln, slaughter houses handling e wastes, domestic help, glass furnace and other areas in the name of family Enterprises.

The United Nations sustainable development  goals have fixed target for elimination of child labour and accomplishment of universal inclusive education for children but India despite declaring respect for UN and ILO  and other International Agencies is just going in reverse direction permitting children below 14 to work (might be in Family enterprise)

Child labour, trafficking of child, especially girl child is bound to increase with these amendments in the garb of Family Enterprises.

During discussions in Parliament MPs from different parties expressed their concerns. A prominent MP from ruling party said “it is not skilling at all, it is done against their will and is a kin to slavery”. He very rightly said that “we wish to see every child holding a book in his hand and not any agricultural implement or a broom”.

Hind Mazdoor Sabha takes this amendment as another move to please the exploiters through back door and request you to drop the provision of allowing child below 14 years to work anywhere. List of hazardous industries be kept the same and Government be empowered to add any industry as hazardous not “in non hazardous” as proposed in the amendment.

With regards,                                                                                               

                                                                                                Yours sincerely,

 

                                                                                         (Harbhajan Singh Sidhu)

                                                                                               General Secretary

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The Secretary

Ministry of Labour & Employment

Government of India

Rafi Marg,

New Delhi-110019.

Sub: Misuse of Building and other Construction Worker Welfare Board Fund by Govt. of NCT of Delhi – in violation of your notification dated 7th June, 2016 under Section 60 of BOCW Act, 1996.

Sir,

You may be aware that a petition is pending in Hon’ble Supreme Court i..e. WP©No.318/2006 to decide as to how to check mis-utilization of the Welfare Fund made out of CESS money collected under BOCW Act, 1996. On the direction of Hon’ble Apex Court, Ministry of Labour & Employment, Govt. of India has issued a Notification under Section 60 of BOCW Act, 1996 advising State Government and Union Territories to use the aforesaid Fund only for the purpose of which it is collected. State Boards were advised not to use the above Fund for construction of building for schools, hospitals, training centres and labour shed cum-night shelter, waiting halls etc.

It is relevant to mention here that Hon’ble Supreme Court while issuing directions under the above mentioned writ petition mentioned NCT Govt. of Delhi for alleged misuse of the fund .

I regret to inform you that the Delhi Government and its BOCWWB is ignoring the advise of your above mentioned notification, We have come to know that above fund has been utilized for payment to Anganwadies. The Board is not following the rules made for conducting Board’s meeting. As per rules meeting is to be conducted by giving 15 days notice but the meeting of the Board held on 2nd June 2016 was convened only on 2 day’s notice. A protest letter was submitted by workers’ representative on 2nd June 2016 itself but no cognigence was taken of it while recording minutes of the meeting.

It is very serious matter which amount not only to violation of instruction issued by the Ministry of Labour & Employment, Govt. of India but may amount to contempt of court at a later stage.

You are therefore requested to advice the NCT Govt. of Delhi and its Board to work according to norms and refund the entire Fund spent on activities not related to Welfare of construction Workers and their family.

An early action is requested.                                

                                             

Yours faithfully,                                                                                                                

 (Harbhajan Singh Sidhu)                                                                                           General Secretary

 

 

 

 

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