MINISTER OF LABOUR AND EMPLOYMENT (SHRI SIS RAM OLA)
(a) to (e): A statement is laid on the Table of the House.
STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (e) OF LOK SABHA STARRED
QUESTION NO. 179 TO BE ANSWERED ON 19.08.2013 RAISED BY SHRI KALIKESH N.SINGH
DEO AND SHRI SUDARSHAN BHAGAT REGARDING MIGRANT WORKERS.
(a): Details regarding number of migrant workers State-wise are at
Annexure-1.
(b) & (c): Prevention of exploitation of migrant workers and their children is
primarily the responsibility of the State Governments and data regarding
incidents of their exploitation and number of children displaced by migrating
families is not kept by Ministry of Labour and Employment. In order to regulate
the employment of inter-State migrant workmen and to provide for their
conditions of service, the Central Government has enacted the Inter-State
Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
The Act inter-alia, provides for payment of journey allowance, displacement
allowance, residential accommodation, medical facilities and protective clothing,
etc. to these workers. As per Section 13 of the Act, the wage rates, holidays,
hours of work and other conditions of service of an inter- State migrant workman
shall be the same as those applicable to other workman and an inter- State migrant
workman shall in no case be paid less than the wages fixed under the Minimum Wages
Act, 1948. The provisions of various labour laws as follows are also applicable
to migrant workers:
# Employees Compensation Act, 1923,
# Payment of Wages Act, 1936,
# Industrial Dispute Act, 1947,
# Employees State Insurance Act, 1948,
# Employees Provident Funds and Miscellaneous Provisions Act,
1952,
# Maternity Benefit Act, 1961
To help children including those of migrant worker families, the Government has been
implementing the National Child Labour Project Scheme since 1988. Children are rescued/
withdrawn from hazardous occupations and processes and are enrolled in the special
schools, where they are provided with bridge education, vocational training, nutrition,
stipend, health care etc. Thereafter, they are mainstreamed into formal education system.
(d): As per 2001 census, the total number of working children in
the age group of 5-14 years in the country was 1.26 crore. However, in the survey
conducted by NSSO, in 2004-05, the number of working children was estimated at 90.75
lakh and in 2009-10, 49.84 lakh. This number includes migrant workers. There is no
separate data on children who are working as migrant workers.
(e): The State Governments launch prosecutions against the
employers whenever any incidence of child labour is detected in brick kilns and factories.
The Government has enacted Mahatma Gandhi National Rural Employment Guarantee Act, 2005
which aims at enhancing the livelihood security of people in rural areas by guaranteeing
hundred days of wage-employment in a financial year to a rural household, whose adult
members volunteer to do unskilled manual work. According to the Act, employment shall
be provided within a radius of five kilometres of the village where-ihe applicant resides
at the time of applying. In case t he employment is provided outside such radius, it must
be provided within the Block and the labourers shall be paid 10% extra wages. As such,
providing local employment, on demand by the household, mitigates distress migration. In
addition, Government has increased focus and fund flow on skill development programmes
so that people in large number may acquire skills and get engaged in various opportunities
to work in their neighbourhood itself.
