MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT
(SHRI SANTOSH KUMAR GANGWAR)
(a) to (d): The Central Government has enacted the Factories Act, 1948, for ensuring the occupational safety, health and welfare of the workers employed in the factories registered under the Factories Act, 1948. There are elaborate provisions pertaining to health, safety, welfare, hazardous processes, working hours, penalties and procedures etc. under the Act and the Rules framed thereunder are adequate to ensure safety and health of the workers working in the registered factories. If violation of any of the provision of the Act and Rules, the Chief Inspector of Factories/Directorate of Industrial Safety and Health of the State Governments are empowered to initiate penal
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action against the occupier and manager of the factories. Directorate General Factory Advice Service & Labour Institutes (DGFASLI), an attached office of Ministry of Labour and Employment through correspondence with the Chief Inspector of Factories/ Directorates of Industrial Safety and Health of the States/Union Territories collects information of fatal injuries, non-fatal injuries, details of prosecutions, convictions, number of inspections etc. in the factories registered under the Factories Act, 1948 including heavy industries. The compensation to the labourers and employees for the accidents occurred in the factories are provided by the respective factory owners in terms of relevant provisions of the Employees’ Compensation Act, 1923. The Occupational Safety, Health and Working Conditions Code, 2019 was introduced in Lok Sabha on 23rd July, 2019 and subsequently, referred to the Parliamentary Standing Committtee on Labour for examination.
Under the Minimum Wages Act, 1948, both the Central and State Governments are appropriate Governments to fix, review, revise and enforce the minimum rates of wages for different categories of workers employed in the scheduled employment under their respective jurisdictions.
The Act is implemented by the Centre as well as the States under their respective jurisdiction. In the Central Sphere, the enforcement is secured through the Inspecting Officers of the Chief Labour Commissioner (Central ) commonly designated as Central Industrial Relations Machinery (CIRM), the compliance in the State sphere is ensured through the State Enforcement Machinery. They conduct regular inspection and in the event of detection of any case of non-payment or under –payment of minimum wages, they advise the employers to make payment of the shortfall of wages. In case of non-compliance, penal provisions against the defaulting employers are invoked. In respect of unorganised workers, no such study has been done.
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