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LABOUR AND EMPLOYMENT DEPARTMENT POLICY NOTE DEMAND No.32 LABOUR, FACTORIES, EMPLOYMENT AND TRAINING 2012 – 2013 S.T. CHELLAPANDIAN Minister for Labour © Government of Tamil Nadu 2012

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Technical information on labour debt and proceedings. based on labour law studies by experts.

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  • LABOUR AND EMPLOYMENT DEPARTMENT

    POLICY NOTE

    DEMAND No.32

    LABOUR, FACTORIES, EMPLOYMENT AND TRAINING

    2012 2013

    S.T. CHELLAPANDIAN Minister for Labour

    Government of Tamil Nadu 2012

  • INDEX

    SL. NO. CONTENTS

    PAGE NO.

    I. LABOUR DEPARTMENT

    1 Labour Courts 4

    2 Enforcement of Acts & Rules 5

    3 Minimum Wages Act, 1948 15

    4 Social Security 16

    5 Welfare of Beedi Workers 21

    6 Consumer Protection 23

    7 Eradication of Child Labour 25

    8 Tamil Nadu Labour Welfare Board 30

    9 Unorganised Workers Welfare Boards 34

    10 Tamil Nadu Institute of Labour Studies 43

    II. INSPECTORATE OF FACTORIES

    11 Regulatory Functions 48

    12 Health, Safety, Training and Development 54

    III. EMPLOYMENT AND TRAINING DEPARTMENT

    13 Performance of the Employment Exchanges 62

  • 14 Vocational Guidance Activities 64

    15 Private Sector Placements 65

    16 Special Cells for Differently Abled Persons 66

    17 Coaching-cum-Guidance Centers for SC / ST Youth 67

    18 Unemployment Assistance Scheme 69

    19 Major Skill Development Training Programme 72

    20 Craftsmen Training Scheme 72

    21 Government Industrial Training Institutes 73

    22 Apprenticeship Training Scheme 80

    23 Upgradation of Government ITIs under PPP mode 83

    24 Tamil Nadu Skill Development Mission 84

    IV

    OVERSEAS MANPOWER CORPORATION LIMITED 87

    V

    DIRECTORATE OF MEDICAL AND RURAL HEALTH SERVICES (ESIS) 89

    VI

    EMPLOYEES PROVIDENT FUND SCHEME (GOI) 100

    VII PART-II SCHEMES, 2012-2013 103

  • 1

    I. LABOUR DEPARTMENT

    Tamil Nadu is home to 38,379 factories,

    3,15,572 shops and establishments and provides

    employment to more than 2.79 crore of workers.

    8% of this work force is in the organised sector and

    92% in the unorganised sector. A progressive,

    industrialised and investment friendly State has

    a strong manufacturing base and a thriving tertiary

    sector. The State has a well-developed labour

    market that is characterised by cordial industrial

    relations, a long history of trade unionism, collective

    bargaining and effective labour administration.

    Sustained economic growth, multiple

    employment opportunities and reduced availability of

    skilled labour characterise the Industrial relations

    dynamics of the State today. Secondary and Tertiary

    sectors have seen differential growth rates and have

    impacted the Industrial relations scenario in different

    ways.

  • 2

    The secondary sector has seen substantial

    foreign direct investments in technology intensive

    sectors like the automobile industry (automotive).

    This has thrown up challenges of harmonizing

    cross cultural differences and integrating global

    management practices with local work contexts.

    The phenomenal growth seen in the tertiary sector in

    recent times has led to increasing demand for highly

    qualified human resources. Rapidly changing

    technological advances coupled with high rates of

    employee attrition have changed the dynamics and

    paradigms of employer-employee engagement like

    never before.

    Increased life expectancy and improved

    quality of life have changed the demographic profile

    of the labour force. The labour force is increasingly

    becoming old and living longer. Provision of social

    security and health facilities becomes important.

    The labour department strives to keep abreast of

    this rapidly changing scenario through effective

    enforcement of various laws and timely delivery of

    social security benefits to the employees.

  • 3

    The Labour Department enforces labour

    legislations to protect the rights of workers and

    to ensure their welfare. Eradication of child labour in

    this State, enforcing Legal Metrology Act for

    consumer protection and welfare and provision

    of various social security measures through

    Unorganised Workers Welfare Boards are some of

    the important activities of the department.

    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. Close collaboration at all levels

    between the employer and the employees are

    a prerequisite for increased productivity, quality

    enhancement and cost effective production of goods

    and services. The Labour department facilitates the

    resolution of disputes and promotes harmonious

    relations between the employers and employees for

    achieving the objectives of economic growth and

  • 4

    prosperity. During the year 2011-12, the conciliation

    officers of the department have resolved 4,348

    disputes.

    Some of the major disputes resolved are:-

    1. Strike by nurses in leading hospitals in the Chennai.

    2. Strike by 7,000 Power loom owners and

    workers in Sankarankoil taluk of Tirunelveli district.

    3. Strike by 1,00,000 Power loom owners and workers in Coimbatore and Tiruppur districts.

    4. Wage revision for 1,00,000 hosiery workers in Tiruppur district.

    5. 46 strikes and 9 lockouts in various industries.

    Labour Courts

    There are 12 Labour Courts in the State. They

    are functioning at Chennai (4), Vellore (2), Salem,

    Coimbatore, Cuddalore, Tiruchirappalli, Madurai and

    Tirunelveli. Labour Courts adjudicate on matters

    specified in the Second Schedule to the Industrial

    Disputes Act, 1947.

  • 5

    The State Government have issued orders for

    creating sufficient infrastructure for effective

    implementation/enforcement of the awards passed

    by the Labour Courts and the Industrial Tribunal.

    Government have accorded sanction for 34 additional

    posts for the creation of Nazareth establishment

    to each of the eight units of Labour Courts

    functioning in the State. Financial sanction has been

    given for a sum of Rs.4.58 crore towards recurring

    expenditure, furniture and computers.

    Industrial Tribunal

    In addition to the Labour Courts, an Industrial

    Tribunal is functioning with its Headquarters at

    Chennai. The Industrial Tribunal adjudicates on

    matters specified in the Second and Third Schedule

    to the Industrial Disputes Act, 1947.

    Enforcement of Acts & Rules

    Enforcement of labour legislations is an

    important activity of the Labour Department.

    The enforcement machinery in the department

  • 6

    regularly conducts inspections and periodically

    organises special drives to ensure compliance of

    statutory requirements of labour 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 following are some of the important labour legislations enforced by the Labour Department :-

    The Tamil Nadu Shops and Establishments Act, 1947

    The Act regulates the conditions of

    employment of persons working in shops and

    commercial establishments. It provides for the

    opening and closing hours of Shops and

    Establishments and provision of weekly holiday with

    wages. There are 3,15,572 shops and establishments

    in the State. 2,91,403 inspections were made by the

    enforcement officers during the year 201112.

    29,256 cases were compounded and a sum of

  • 7

    Rs.21.94 lakh was collected as compounding fee.

    35 cases were disposed of by the Courts and a sum

    of Rs.10,000/- was imposed as fine.

    The Tamil Nadu Catering Establishments Act, 1958

    The Act regulates the conditions of work in

    catering establishments. It provides for weekly

    holidays, periods of work, leave with wages,

    overtime wage, etc.

    There are 28,386 catering establishments in

    the State. During 2011-2012, a sum of Rs.12.61 lakh

    has been collected as registration and renewal fee

    from the employers of catering establishments.

    During the year 2011-2012, 43,404 inspections were

    made, 3,947 cases were compounded and a sum of

    Rs.4.55 lakh was collected as compounding fee.

    The Courts have imposed fine, amounting to

    Rs.3,900/- in 8 cases.

  • 8

    The Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958

    The Act provides for grant of National and

    Festival Holidays to persons employed in Industrial

    establishments.

    During the year 2011-2012, 1,33,456

    inspections were made. Of these 5,469 cases were

    compounded and a sum of Rs.17.38 lakh was

    collected as compounding fee. 19 cases were

    disposed of and Rs.14,150/- was imposed as fine,

    by the Courts.

    The Payment of Wages Act, 1936

    The Act provides for prompt payment of wages

    to the employees, bars unauthorised deductions from

    wages by the employers and provides for the

    expeditious disposal of claims.

    The Regional Deputy Commissioners of Labour

    have been notified as authorities to hear and decide

    the claims under this Act. During the year

    2011-2012, 144 claims were disposed of and a sum

  • 9

    of Rs.2.15 crore was ordered to be paid as wages to

    the claimants. 30,487 inspections were made,

    26 cases were disposed of by the Courts and a sum

    of Rs.11,200/- was imposed as fine.

    The Contract Labour (Regulation and Abolition) Act, 1970

    The Act regulates the employment of contract

    labour in certain establishments and abolishes this

    system in certain circumstances and for the matters

    concerned therewith. The Government of Tamil Nadu

    have prohibited the employment of contract labour in

    the following processes:-

    1. Bagging process of cement and printing of gunny bags in Cement Industry.

    2. 19 processes in the Tamil Nadu Electricity

    Board.

    During the year 2011-2012, 2,188 inspections

    were made. 10 cases were disposed of by the Courts

    and a sum of Rs.55,000/- was imposed as fine.

    426 establishments were registered as principal

    employers and 610 licenses were issued. A sum of

  • 10

    Rs.8.42 lakh was collected by way of registration and

    license fees.

    A State Advisory Contract Labour Board has

    been constituted under the Chairmanship of the

    Secretary to Government, Labour and Employment

    Department, to advise the Government on the

    administration of this Act.

    The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

    The Act regulates the employment of Inter

    state migrant workers and their conditions of service.

    During the year 2011-2012, 179 inspections were

    made. 128 establishments were registered and

    262 licenses were issued. A sum of Rs.91,795/- was

    collected by way of registration and license fees.

  • 11

    The Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981

    The Act provides for conferment of permanent

    status to workmen in an industrial establishment

    who have been in continuous service for 480 days in

    a period of 24 calendar months. During the year

    2011-2012, 1,847 inspections were made and 86

    applications were disposed.

    The Motor Transport Workers Act, 1961

    The Act regulates the welfare of motor

    transport workers and conditions of their work.

    The number of motor transport undertakings

    registered is 2,313, consisting of 1,25,878 workers.

    A sum of Rs.3.01 lakh was collected by way of

    registration fee. During the year 2011-2012,

    2,428 inspections were made. 791 cases were

    compounded and a sum of Rs.2.12 lakh was

    collected as compounding fee. 34 cases were

    disposed of by the Courts and a sum of Rs.16,800/-

    was imposed as fine.

  • 12

    The Working Journalists and Other Newspaper Employees (Conditions of Service and Miscellaneous Provisions) Act, 1955

    The Act regulates the conditions of service of

    working journalists and other persons employed in

    newspaper establishments. The remuneration of

    working journalists and other persons employed in

    the newspaper establishments is fixed by the Wage

    Board constituted by the Central Government.

    During the year 2011-2012, 57 inspections were

    carried out.

    The Industrial Employment (Standing Orders) Act, 1946

    The Act requires employers of industrial

    establishments to define conditions of employment of

    workers under certified Standing Orders. The Zonal

    Joint Commissioners of Labour have been notified as

    Certifying Officers under this Act. During the year

    2011-2012, 298 standing orders of industrial

    establishments were certified.

  • 13

    The Trade Unions Act, 1926

    The Act provides for the registration of trade

    unions and lays down the law relating to the

    registration of trade unions.

    The Regional Deputy Commissioners of Labour

    have been notified as Additional Registrars of Trade

    Unions to register the Trade Unions. The total

    number of Trade Unions registered is 12,279.

    During the year 2011-2012, 322 Trade Unions were

    registered and a sum of Rs.46,500/- was collected as

    registration fees and amendment fees.

    The Plantations Labour Act, 1951

    The Act provides for regulation of the

    conditions of work in plantations. The Act is

    applicable to any land used or intended to be used

    for growing Tea, Coffee, Rubber, Cinchona and

    Cardamom. It mandates registration of plantations

    with an extent of 5 hectares or more and employing

    15 or more persons.

  • 14

    There are 2,219 Plantations covering an area

    of 61,604 hectares and employing 84,695 workers in

    Tamil Nadu. 678 registered plantations cover an area

    of 53,232 hectares and employ 77,040 workers.

    1,541 unregistered plantations cover an area of

    8,372 hectares and employ 7,655 workers.

    Under this Act, employers are to provide

    housing, medical care, protective clothing, drinking

    water, etc. free of cost to the workers. The Act is

    enforced by 10 Inspectors of Plantations and

    2 Medical Officers in the cadre of Assistant Civil

    Surgeon (Plantations) of this department.

    The Inspectors of Plantations are based in Ooty,

    Coonoor, Kothagiri, Gudalur, Pandhalur, Valparai,

    Yercaud, Theni, Batlagundu and Nagercoil. The

    Medical Officers in the cadre of Assistant Civil

    Surgeon (Plantations) inspect the dispensaries and

    hospitals maintained by the employers. They are

    based in Ooty and Nagercoil.

    The Plantation Labour Housing Advisory Board,

    a Statutory Board has been constituted under the

  • 15

    Chairmanship of the Secretary to Government,

    Labour and Employment Department. This Board

    ensures provision of proper housing facilities to the

    plantation labour.

    The Plantation Labour Advisory Committee is a

    tripartite committee headed by the Commissioner of

    Labour. This committee enforces the various

    provisions of the Plantation Labour Act and Rules.

    During the year 2011-2012, 1,924 inspections

    were made. 91 cases were disposed of by the

    Courts and a sum of Rs.3.54 lakh was levied as fine.

    THE MINIMUM WAGES ACT, 1948

    The Minimum Wages Act, 1948 provides for

    fixing minimum rates of wages in certain

    employments. This Act seeks to ensure not only the

    sustenance of life but also preservation of efficiency

    of the worker. The Act applies to the employments

    that are included in the Schedule to the Act.

    In Tamil Nadu, 91 employments have been included

    in the Schedule. Minimum wages have been fixed for

  • 16

    72 employments such as shops and establishments,

    general engineering, construction, catering,

    plantation, tanneries and leather manufacturing, etc.

    The minimum wage is revised once in 4 years. While

    fixing the minimum wages, variable Dearness

    Allowance is added to neutralise the cost of living.

    The Regional Deputy Commissioners of Labour

    have been notified as authorities to hear the claims

    under Section 20(1) of the Minimum Wages Act.

    During the year 2011-2012, 1,56,054 inspections

    were carried out and 60 prosecutions were launched.

    1,030 claims were disposed of and Rs.2.38 crore was

    ordered to be paid to the claimants.

    SOCIAL SECURITY

    The following Acts which provide social

    security to workers are being enforced by the

    Department:-

    The Payment of Gratuity Act, 1972

    The Act provides for the payment of gratuity

    to the employees. Gratuity is paid to an employee on

  • 17

    superannuation/retirement or resignation, if he/she

    has put in a continuous service for a period of not

    less than five years. Gratuity is also paid on death

    or disablement due to accident or disease.

    The Assistant Commissioners of Labour in

    the office of the Regional Deputy Commissioners

    of Labour, have been notified as Controlling

    Authorities and the Zonal Joint Commissioners of

    Labour, as Appellate Authorities, under this Act.

    During the year 2011-2012, 2,899 claims were

    disposed of and a sum of Rs.2.87 crore was ordered

    to be paid to the claimants.

    The Payment of Bonus Act, 1965

    The Act provides for the payment of bonus to

    persons employed, on the basis of profit or

    production or productivity. The Act provides for the

    payment of bonus to persons employed by factories

    and establishments, where 10 or more persons are

    employed. This Act applies to establishments covered

    under the Act and bonus is payable even if the

    number of employees subsequently falls below 10.

  • 18

    A minimum bonus of 8.33% has to be paid,

    irrespective of the financial condition of the

    establishments. The Act prescribes a formula for

    calculating the bonus when a company makes profit.

    Every employee drawing wages not exceeding

    Rs.10,000/- per month and has worked for at least

    30 days in an accounting year, is eligible for bonus.

    Maximum bonus payable under the Act is 20%.

    The Maternity Benefit Act, 1961

    The Act regulates the employment of women

    for certain periods before and after childbirth and

    provides for the payment of certain maternity

    benefits.

    This Act provides for 12 weeks leave with

    wages for childbirth (6 weeks before delivery and

    6 weeks after delivery), one-month medical leave on

    medical certificate and 6 weeks leave for

    miscarriage. It provides for the payment of medical

    bonus of Rs.2,500/-, if no pre-natal and post-natal

    care is provided by the employer free of cost. During

    the year 2011-2012, 12,339 inspections were made.

  • 19

    The Equal Remuneration Act, 1976

    The Act provides for the payment of equal

    remuneration to men and women workers and for

    the prevention of discrimination on the ground of sex

    against women in the matter of employment.

    The Government have constituted an Equal

    Remuneration Advisory Committee (a Tripartite

    Committee) headed by the Secretary to Government,

    Labour and Employment Department, to advise the

    Government on increasing employment opportunities

    for women. During the year 2011-2012, 13,210

    inspections were made.

    The Tamil Nadu Payment of Subsistence Allowance Act, 1981

    The Act provides for the payment of

    subsistence allowance during the period of

    suspension. The Assistant Commissioners of Labour

    in the office of the Regional Deputy Commissioners

    of Labour have been notified as Authorities and the

    Regional Deputy Commissioners of Labour as

    Appellate Authorities under this Act. During the year

  • 20

    2011-2012, 276 claims were disposed of and a sum

    of Rs.58.50 lakh was ordered to be paid.

    The Employees Compensation Act, 1923

    The Act provides for compensation to workers

    in the event of death or loss of earning capacity due

    to accidents arising out of and in the course of their

    employment. The Regional Deputy Commissioners of

    Labour have been notified as Commissioners to hear

    and decide on the claims under this Act.

    The compensation amount awarded is to be

    deposited by the employers/Insurance Companies.

    In case of default in depositing the amount awarded,

    the Deputy Commissioners of Labour initiate action

    to recover the amount through District Collectors

    under the Revenue Recovery Act. During the year

    2011-2012, 2,985 cases were disposed of and a sum

    of Rs.23.10 crore was ordered to be paid as

    compensation.

  • 21

    WELFARE OF BEEDI WORKERS

    The Beedi and Cigar Workers (Conditions of Employment) Act, 1966

    The Act provides for the welfare of the workers

    in beedi and cigar establishments and regulates

    the conditions of their work. 2,37,029 beedi workers

    (industrial and home workers) are engaged

    in 1,548 beedi establishments in the State. 4,180

    inspections were made by the department and 438

    cases were disposed of by the Courts with a fine of

    Rs.1.11 lakh. A sum of Rs.1.22 lakh has been

    collected as license fee for registration and renewal

    of beedi establishments.

    Revised Integrated Housing Scheme for Beedi Workers

    This scheme is intended to ameliorate the

    housing shortage among the beedi workers.

    All the Welfare Schemes, including the Housing

    Scheme for Beedi Workers, are being implemented

    by the Government of India directly under the Beedi

    Workers Welfare Fund Act, 1976.

  • 22

    The Revised Integrated Housing Scheme, 2007

    for beedi workers is being implemented through

    the Welfare Commissioner under Labour Welfare

    Organisation of the Union Ministry of Labour.

    The unit cost of each dwelling unit is Rs.45,000/-.

    The Government of India provides a subsidy of

    Rs.40,000/- to the beneficiary. The beneficiary is

    expected to contribute Rs.5000/- as his share.

    In lieu of the workers contribution, the State

    Government have ordered to provide a subsidy of

    Rs.5,000/- per house, which is released to

    the Welfare Commissioner, Hyderabad after the

    administrative approval is granted.

    Due to hike in cost of raw materials and labour

    charges, most of the beedi workers are unable to

    construct houses on their own at the unit cost of

    Rs.45,000/- per house. The beneficiary has to own a

    house site for being eligible to avail subsidy under

    this scheme. Because of all these constraints, only

    785 beneficiaries could avail benefit under the

    scheme for the past 4 years.

  • 23

    Revision of unit cost and enhancement of subsidy

    The State Government have examined the

    matter in the light of various representations

    received and the difficulties faced by the beedi

    workers. The State Government have issued orders

    increasing the unit cost for construction of the house

    from Rs.45,000/- to Rs.1,00,000/- on par with the

    unit cost of houses constructed under the Indira

    Awas Yojana Scheme. The State Government have

    enhanced the subsidy from Rs.5,000/- to

    Rs.60,000/- per house. There by, the beedi workers

    can avail Rs.1.00 lakh for construction of their

    house.

    CONSUMER PROTECTION

    The Legal Metrology Act, 2009

    The Legal Metrology Act, 2009 establishes and

    enforces standards of weights and measures.

    It regulates trade and commerce in weights,

    measures and other goods which are sold or

    distributed by weight, measure or number.

  • 24

    The Deputy Commissioner of Labour

    (Inspections), Chennai has been notified as the

    Controller of Legal Metrology for the entire State of

    Tamil Nadu. The Controller of Legal Metrology and

    his field officers enforce the Legal Metrology Act,

    2009 and the Legal Metrology (Packaged

    Commodities) Rules, 2011.

    During the year 2011-2012, a sum of

    Rs.72.92 lakh has been collected as license fee and

    Rs.18.95 crore has been collected as stamping fee.

    3,53,539 inspections were made. During the year

    2011-2012, 8,658 cases were compounded and

    Rs.63.51 lakh has been collected as compounding

    fee. 10 cases were disposed of by the Courts and

    Rs.9,600/- was imposed as fine.

    The Legal Metrology (Packaged Commodities) Rules, 2011

    During the year 2011-2012, a sum of

    Rs.95,205/- has been collected as Registration fee

    for issue of Registration certificates for packing of

    commodities. 1,34,802 inspections were made.

  • 25

    3,879 cases were compounded and a sum of

    Rs.30.92 lakh was collected by the Department.

    Rs.30,600/- was imposed as fine in 18 cases by

    court.

    ERADICATION OF CHILD LABOUR

    The State Government attaches great

    importance to the eradication of child labour and has

    taken various steps to eradicate this social evil. The

    number of child labour in the State has decreased

    from 4.19 lakh in 2001 to 13,446 in 2011. Strict and

    Vigilant enforcement coupled with mainstreaming of

    rescued Child Labour are the corner stones of this

    approach.

    Enforcement

    Enforcement is one of the important strategies

    of the action plan for eradication of Child Labour.

    In order to strengthen enforcement and launch a

    multi stakeholder attack on this practice, a District

    Level Task Force has been constituted in all districts

    under the chairmanship of the District Collector.

  • 26

    The following statutes, prohibiting employment

    of children, are implemented by the Inspectors

    of Labour and Inspectors of Factories:-

    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 2011-2012, 1,26,264

    establishments were inspected through regular,

    special and surprise inspections, including the

    raids conducted by the teams formed under the

    District Level Task Force. 60 Violations noticed,

    23 prosecutions lodged and child labour rescued and

    rehabilitated. 26 cases (including previous pending)

    ended in conviction and a fine of Rs.3.05 lakh has

    been collected.

  • 27

    Awareness Generation

    June 12th in every year is observed as

    Anti Child Labour Day to create awareness among

    the public. All districts have taken up various

    activities for awareness creation like oath taking in

    schools and Government offices, rallies, human

    chains and awareness campaigns. At the state level

    Anti Child Labour Day, message from the Honble

    Chief Minister was published in various Tamil and

    English dailies.

    Honble Chief Minister awarded the shield to

    the District Collector of Salem for the outstanding

    performance in eradication of child labour for the

    year 2009. The award was presented during the

    Collectors Conference held on 14.11.2011.

    Childrens day celebrations organised at the

    State level, was attended by the Honble Minister for

    Labour, Worshipful Mayor of Chennai Corporation

    and other dignitaries. A large contingent of National

    Child Labour Project school children and NGOs

    working in the sector attended.

  • 28

    Mainstreamed students from National Child

    Labour Project Special Schools who scored high

    marks in 10th and 12th Standard Public

    Examinations were given cash awards and the best

    Special Training Centre teachers were felicitated for

    their work.

    National Child Labour Project

    National Child Labour Project is being

    implemented in the 16 districts of Chennai,

    Coimbatore, Dindigul, Dharmapuri, Erode,

    Krishnagiri, Kancheepuram, Namakkal, Thoothukudi,

    Tirunelveli, Tiruvallur, Trichy, Tiruvannamalai,

    Salem, Vellore and Virudhunagar.

    12,920 rescued child labour are studying in

    359 special training centres. 3,357 children were

    mainstreamed during the academic year 2011-12.

    A stipend of Rs.150/- p.m., educational materials

    and Pre vocational training are provided to children

    under the NCLP. Mid-day meal, free uniform, free

    medical checkup and free bus pass are provided by

    the State Government to all the NCLP Children.

  • 29

    A cash assistance of Rs.250/- per month was

    provided to all mainstreamed child labour pursuing

    higher studies. The State Government have now

    issued orders enhancing the assistance to Rs.500/-.

    This will be available for all child labour,

    mainstreamed from NCLP and pursuing higher

    studies in Arts colleges, Polytechnics and Professional

    colleges and will be available to them till they

    complete the course.

    Integrated Child Protection Programme in Dharmapuri and Salem Districts

    Integrated Child Protection Programme (ICPP)

    is being implemented in collaboration with UNICEF

    to improve the quality of life for children up to the

    age of 14 years engaged in employment in cotton

    seed and cotton farming in the Districts of

    Dharmapuri and Salem.

    150 Para Teachers and 30 Block Coordinators

    appointed During the year 2010-2011, were provided

    Activity Based Learning training. Village level child

    rights committee meetings were conducted every

  • 30

    month and child friendly village planning exercises

    were undertaken in 175 Village Panchayats.

    Workshops were conducted for cotton seed farmers

    and line Department officials in 50 Panchayats.

    Water and sanitation surveys were completed

    in all the Government schools. Concerned officials

    have been requested for providing these facilities,

    wherever absent. The Commissioner of Labour

    monitors and reviews the progress of the project

    every Quarter.

    TAMIL NADU LABOUR WELFARE BOARD

    The Tamil Nadu Labour Welfare Board was

    constituted under the Tamil Nadu Labour Welfare

    Fund Act, 1972 in the year 1975. It implements

    various welfare schemes for the benefit of the

    organised labour on a contributory basis. The Honble

    Minister for Labour is the Chairman of the Board.

    The Board has 5 Employees representatives,

    5 Employers representatives, 4 Government

  • 31

    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 also compounding fees collected by the

    Labour department against the employers for

    violation of various Labour Acts and Rules.

    Financial Assistance

    The Board runs 71 welfare centers where

    facilities like pre-school, reading room and tailoring

    training facilities are made available. During the year

    2011-2012, 25,424 workers and their wards have

    availed assistance and an amount of Rs.1.05 crore

  • 32

    has been spent on various welfare schemes as

    indicated below:-

    Labour Welfare Schemes

    1 Labour Welfare Centres

    Have facilities like Tailoring Section, Pre-school and Reading Room.

    2 Scholarships for various courses

    Post Graduate Course - Rs.3,000/-, Graduate Course - Rs.2,400/-, Diploma Course - Rs.1,440/-, Higher Secondary Course - Rs.1,200/- I.T.I. Course - Rs.1,000/-.

    3 Educational incentive

    S.S.L.C. and Higher Secondary Course 1st Prize Rs.1,000/-, 2nd Prize Rs.500/- and 3rd Prize Rs.250/-in each Educational District

    4 Book allowance Post-Graduate Course - Rs.750/-, Graduate Course - Rs.500/-, Diploma Course - Rs.250/- and Higher Secondary Course - Rs.180/-

    5 Assistance for Basic Computer Training

    Rs.1,000/- for five employees/ dependants in each district.

  • 33

    6 Marriage assistance

    Rs.5,000 for female Rs.3,000/- for male workers and their wards.

    7 Spectacles assistance

    Up to Rs.500/-

    8 Typewriting/ Shorthand assistance

    Typewriting in Higher Rs.600/-, Typewriting in Lower Rs.1,000/-, Shorthand Inter High Speed Rs.750/-, Shorthand Lower and Higher Rs.1500/-

    9 Funeral Expenses

    Rs.2,000/- to the Legal Heir.

    10 Hearing Aid, Artificial Limbs & Three Wheelers

    Up to Rs.1,000/- for Hearing Aid, Govt. prescribed fee for artificial limbs and free supply of three wheelers.

    11 T.B. Wards in various sanatoria

    Tiruppur, Tambaram Sanatorium, Asaripallam (Kanyakumari), Austinpatti (Madurai) & Kizhpennathur (Tiruvannamalai District)

    12 Holiday Homes for workers

    Mamallapuram, Courtallam and Valparai.

    13 Jeeva Illam, Chennai.

    A rest house for Trade Union Representatives

  • 34

    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 for the benefit of the workers,

    employers and also the public. At present,

    5,462 members have subscribed to this magazine.

    The price of the magazine is Rs.7/- per copy and

    an annual subscription Rs.80/-; life subscription

    Rs.750/-.

    UNORGANISED WORKERS WELFARE BOARDS

    The Tamil Nadu Manual Workers (Regulation

    of Employment and Conditions of Work) Act, 1982

    regulates the employment of manual workers, their

    conditions of work, security of their employment and

    provides for social security to manual workers

    engaged in 69 employments included in the Schedule

    to the Act. Tamil Nadu was one of the pioneer states

    to promulgate such an Act. The State Government

    have established 17 Unorganised Workers Welfare

    Boards under the Act.

  • 35

    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 30.11.1994 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 other

    building operation. 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 and remitted to the Tamil Nadu

    Construction Workers Welfare Board.

  • 36

    Registration

    A construction worker who has completed

    eighteen years of age but has not completed sixty

    years and is engaged in any of the thirty eight

    classes of construction work (Annexure I to the

    scheme) may register his name 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. 22,04,589 workers

    have registered with the Board from its inception

    till 31.03.2012.

    Tamil Nadu Manual Workers Welfare Board and 15 other Boards

    The Government further 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. This was

    later substituted by the Tamil Nadu Manual Workers

    Social Security and Welfare Scheme, 2006.

  • 37

    Registration

    A manual worker who has completed eighteen

    years of age but has not completed sixty years and

    is engaged in any of the sixty nine employments

    specified in the schedule to the Tamil Nadu Manual

    Workers (Regulation of Employment and Conditions

    of Work) Act, 1982 may register his name 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.

    33,24,116 workers have registered with these

    Boards from its inception, till 31.03.2012.

    Assistance under Welfare Schemes

    Financial assistances are provided to

    registered manual workers in the Unorganised

    Workers Welfare Boards as detailed below :-

  • 38

    Welfare Schemes of Unorganised Workers Welfare Boards

    Sl. No. Type of Assistance

    Amount (In Rupees)

    Accident Relief Scheme

    a) Accidental Death 1,00,000

    1

    b) Accidental Disability (based on extent of Disability)

    up to 1,00,000

    2 Natural Death Assistance 15,000

    3 Funeral expenses Assistance 2,000

    4 Educational Assistance

    a) Girl Children studying 10th 1,000

    b) 10th passed 1,000

    c) Girl Children studying 11th 1,000

    d) Girl Children studying 12th 1,500

    e) 12th passed 1,500

    f) Regular Degree Course with Hostel facility 1,500 1,750

    g) Regular Post Graduate

    Course with Hostel facility

    2,000 3,000

  • 39

    h) Professional Degree

    Course with Hostel facility

    2,000 4,000

    i) Professional P. G Course with Hostel facility 4,000 6,000

    j) ITI or Polytechnic with Hostel facility 1,000 1,200

    5

    Marriage Assistance (a) For men (b) For women

    3,000 5,000

    6

    Maternity Assistance Miscarriage / Medical Termination of Pregnancy

    6,000

    3,000

    7

    Reimbursement of cost of Spectacles up to 500

    8 Pension 1,000 per month

    9

    Family Pension (applicable only to Tamil Nadu Construction Workers Welfare Board)

    400 per month

  • 40

    Social Security offices in the districts

    The functions of the Welfare Boards have been

    decentralized by setting up Social Security offices

    headed by a Labour Officer in all the Districts with

    effect from 01.11.2008. Registration, Renewal,

    Processing of Claim petitions and disbursement

    of assistance to the manual workers registered in all

    the 17 Welfare Boards are being done by this office.

    The District monitoring committee, headed by

    the District Collector, monitors and supervises the

    administration of the Social Security Scheme.

    Financial resources

    The boards are provided funds for taking up

    various schemes through collection of welfare cess /

    Government grants.

    Tamil Nadu Construction Workers Welfare Board

    Every person who makes an application for

    building permit to a local authority for any building /

    construction work is liable to pay construction

  • 41

    workers welfare cess at such percentage of the total

    estimated cost of the building or construction work

    as fixed by the Government.

    At present, the Government notified 0.3% of

    the estimated cost of such work/construction as cess

    under the act, which provides necessary finance to

    Tamil Nadu Construction Workers Welfare Board.

    This cess is collected by local authorities while

    sanctioning building permit and remitted to Tamil

    Nadu Construction Workers Welfare Board. In case of

    construction works, in which building permit is not

    necessary, this cess has to be remitted directly to

    Tamil Nadu Construction Workers Welfare Board by

    the person who undertakes such construction work.

    During the period from 01.04.2011 to 31.03.2012,

    a sum of Rs.94.78 crore was collected as cess.

    Tamil Nadu Auto Rickshaw and Taxi Drivers Welfare Board

    This Board functions on its own fund received

    from the additional tax of 1% on Motor Vehicle Tax,

    payable under the Tamil Nadu Motor Vehicle Taxation

    Act. This is collected from motor transport employers

  • 42

    carrying passengers or goods on roads. During the

    period from 01.04.2011 to 31.03.2012, a sum of

    Rs.9.01 crore was collected as tax.

    Tamil Nadu Manual Workers Welfare Board

    The Government provides grants to Tamil

    Nadu Manual Workers Welfare Board (TNMWWB) and

    other 15 Welfare Boards for implementing welfare

    schemes. Government have sanctioned a sum of

    Rs.73.40 crore for the year 2011-2012.

    Registration, Beneficiaries and Welfare assistance

    During the year 2011-2012, in the Tamil Nadu

    Construction Workers Welfare Board, 1,08,394

    workers were registered and a sum of Rs.29.53 crore

    has been disbursed to 1,20,243 beneficiaries

    as welfare assistance. The Tamil Nadu Manual

    Workers Welfare Board and 14 other welfare Boards

    have registered 2,82,758 workers and a sum of

    Rs.72 crores has been released to the

    3,49,364 beneficiaries. The Tamil Nadu Auto

    Rickshaw and Taxi Drivers Workers Welfare

  • 43

    Board have registered 12,478 workers and

    10,060 beneficiaries have availed the assistance for

    Rs.2.13 crores.

    TAMILNADU INSTITUTE OF 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

    08.10.1987. It started functioning as an autonomous

    body with effect from 01.04.1988. The expenditure

    needed for running the institute is provided as a

    Grant-in-aid by the Government of Tamil Nadu.

    The Governing Committee is chaired by the Honble

    Minister for Labour. The main objectives of this

    institute are:-

    1. Conduct graduate, Post-graduate and Ph.D., programmes in Labour Management and award such degrees, diploma certificates.

    2. To impart knowledge and skills to prospective and practicing managers, administrators and

  • 44

    office bearers of Trade Unions through teaching and training.

    3. To organise training programmes, seminars on

    laws on Weights and Measures for the benefit of the consumers and the inspectorate and to carry on surveys in that regard.

    4. Carry out research into matters concerning

    personnel management and labour welfare.

    5. Co-operate and collaborate from time to time, with educational and other institutions both in India and abroad as existing or as may be founded in future by exchange of teachers and scholars and through joint programmes of research, training and consultancy generally in such manner as may be conducive to the furtherance of objects of the Society;

    Academic courses

    The Institute is conducting B.A. (Labour

    Management) and M.A. (Labour Management)

    course and is affiliated to the University of Madras.

    The University of Madras has recognised the Institute

    for conducting research and it conducts part time

  • 45

    and full time Ph.D. programmes on Labour

    Management from 2001 onwards. A part time

    (evening) one year Post Graduate Diploma in

    Labour Administration (PGDLA) is offered by the

    institute to cater to the needs of employed

    personnel.

    Capacity Building

    The Institute periodically conducts Training

    Programmes, Seminars, Refresher Courses,

    Orientation Programmes, etc. to cater to the needs

    of supervisory and managerial personnel of private

    and public sector industries, trade unions, officials of

    Labour and Factories Department. 30 seminars /

    training programmes benefiting 2,316 persons have

    been conducted, during the year 2011-2012.

  • 46

    Collaboration with V.V. Giri National Labour

    Institute

    Two Training Programmes were conducted in

    collaboration with V.V. Giri National Labour Institute.

    They are:-

    1. Effective Enforcement of Labour Laws for the

    officers of the Labour Department and the

    Inspectorate of Factories;

    2. Role of Conciliation and Quasi-Judicial

    Officials of Labour Department for officers of

    the Labour Department.

    Certificate Course in Safety & Health

    A one month Certificate Course in Safety &

    Health for Supervisory Personnel working in

    Hazardous Process was conducted for the benefit of

    employees of various factories.

  • 47

    II. DEPARTMENT OF INSPECTORATE OF FACTORIES

    The Department of Inspectorate of Factories is

    effectively enforcing the Factories Act, 1948,

    14 other Labour Legislations and two technical rules,

    governing Occupational Health, Safety and Welfare,

    in Factories registered under the Factories Act, so as

    to protect the interests of the workers by ensuring

    basic amenities, safe and conducive working

    environment and to prevent Occupational Diseases

    and control accidents.

    The following two functions are broadly carried

    out by the Inspectorate:-

    I. Regulatory Functions

    II. Health, Safety, Training and Development Functions

  • 48

    REGULATORY FUNCTIONS

    Inspections

    To ensure compliance of all statutory

    requirements of various Legislations and welfare

    measures, Inspections are carried out regularly by

    the officials of this department as detailed below:-

    (i) Factories certified as Small Scale Industries and not engaged in dangerous operations are inspected only once in a period of five years, provided, no complaints are received or there is no incidence of accidents.

    (ii) Factories certified as Small Scale Industries but engaged in Dangerous Operations as stipulated under section 87 of Factories Act, 1948 and Non SSI units are inspected once in a period of six months.

    (iii) Match and Fire Works Factories are inspected once in every three months because of the risk involved in the nature of work and to eradicate Child Labour employment.

    (iv) In addition, special, holiday and check inspections are also undertaken for better

  • 49

    monitoring of the safety, health and welfare provisions.

    As mentioned above, 31,283 Inspections have

    been made from 01.04.2011 to 31.03.2012.

    Registration of Factories

    Small Factories unaware of the legalities do

    not themselves come forward to register their

    Factories and to function with license. These

    Factories, by the special efforts of the Inspectorate

    are being identified and brought under the purview

    of Factories Act, 1948 thereby ensuring Safety,

    Health and Welfare measures for the workers in

    these Factories. From 01.04.2011 to 31.03.2012,

    2111 new Factories have been brought under the

    purview of the Factories Act, 1948.

    Complaints

    This Inspectorate takes immediate action to

    sort out the grievances raised by the workers and

    trade unions. From 01.04.2011 to 31.03.2012,

  • 50

    512 Complaints have been received and the

    complaints have been enquired and disposed off.

    Enforcement of Minimum Wages Act, 1948

    The Minimum Wages Act, which provides for

    the protection of the wage conditions of the workers

    and raises their standard of living, is strictly enforced

    by this Inspectorate to ensure payment of Minimum

    Wages. During the year 2011-2012, 13 cases with

    a claim of Rs.80.92 lakh benefiting 1,602 persons

    have been settled under Section 20(1) of the

    Minimum Wages Act. Moreover, 79 prosecutions

    have also been launched and fine amount of

    Rs.29,150/- have been realised.

    The Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981

    The Tamil Nadu Industrial Establishments

    (Conferment of Permanent Status to Workmen) Act,

    1981 implemented by this Inspectorate, confers

    permanent status to workmen who have put in

    continuous service of 480 days within a period of

  • 51

    24 calendar months. Due to the intensive effort of

    the officers of this Inspectorate, 39,026 workers

    have been made permanent from 01.04.2011 to

    31.03.2012.

    Squad Inspections

    a) Child Labour

    Child Labour which is considered a Social

    menace is given top priority and the provisions

    prohibiting employment are strictly enforced by this

    Department for total eradication of Child Labour by

    conducting Squad Inspections every month along

    with officials of the Department of Revenue, Police

    and Members of National Child Labour Project.

    From 01.04.2011 to 31.03.2012, 1,211 Squad

    Inspections have been conducted. Further, 41 cases

    have been launched wherein 24 cases have ended in

    conviction and a fine amount of Rs.3.50 lakh have

    been realised.

  • 52

    b) Firework Factories

    Due to the risk involved in the nature of work

    and to monitor the safe adherence of safety

    provisions in the Fireworks manufacturing Factories,

    particularly during the Deepavali season, when there

    is a large scale activity, special squad inspections are

    carried out every year along with officials of the

    Departments of Revenue, Police, Fire, etc. During

    the year 2011, 860 Squad Inspections were

    conducted and appropriate action initiated against

    the erring managements.

    Site Appraisal Committee

    Site Appraisal Committee has been constituted

    under section 41A of the Factories Act, 1948 in this

    Department for the purpose of advising the

    Government to consider the application for grant of

    permission for the initial location or expansion of the

    Factories involving hazardous process has considered

    69 applications from 01.04.2011 to 31.03.2012.

  • 53

    Hazardous Process Industries

    In certain industries, the use of higher

    quantity of raw materials or chemicals are likely to

    cause material impairment, thereby safety and

    health of the persons engaged in or connected therewith will be affected or may result in the

    pollution of the general environment and such of

    those industries are classified as Major Accident

    Hazard Units. A Major Accident Hazard Control Cell

    has been formed at Headquarters to recommend the

    suitable safety measures to the Major Accident

    Hazard Factories to prevent Industrial disasters and

    also monitors the compliance of the suggestions

    given by it. 29 processes have been listed as

    hazardous process and from among them, 115 units

    have been classified as Major Accident Hazard units

    in the State. 108 Onsite Emergency plans have been

    received upto March 2012, out of which 100 were

    recorded subject to certain conditions. The plans in

    respect of 8 industries are under consideration.

    District Collectors have been nominated as the

    District Emergency Authority in respect of

    Off-site Emergency Plans and the Chief Inspector of

  • 54

    Factories as the authority for the On-site Emergency

    Plans.

    Further to assess and update the operational

    efficiency in the event of real emergency, Mock Drills

    are conducted periodically in these Factories under

    the supervision of the officers of this Department.

    HEALTH, SAFETY, TRAINING AND DEVELOPMENT FUNCTIONS

    Pressure Vessel Testing

    This Department, apart from regular

    enforcement of Labour Laws conducts various tests

    like External, Internal, Hydrostatic, and Ultrasonic

    Examinations to ensure operational Safety of the

    pressure vessels installed in the Factories which are

    operated above atmospheric pressure but not

    covered under Indian Boilers Act. 1,02,919 External,

    1,377 Internal, 17,508 Hydrostatic and 5,080

    Ultrasonic Examinations have been conducted from

    01.04.2011 to 31.03.2012.

  • 55

    Occupational Health Monitoring

    The Chief Medical Officer of the Medical Wing

    functioning in this department conducts Health

    Surveys and Industrial Hygiene Surveys in Factories

    at periodical intervals and recommends suitable

    remedial measures where Occupational Health

    Hazards are noticed.

    The Medical Officers at the district level

    conduct periodical Medical Examinations to workers

    engaged in Dangerous Operation and to workers in

    canteen and issue fitness certificates. They also

    certify the Adolescents working in Factories and

    accompany the Child Labour squad to ascertain the

    age of the child Labour, if identified.

    State Safety Awards

    Safety Awards are presented to the

    managements every year based on their

    performance in reducing accidents in their Factories.

    With a view to encourage the Factory managements

    to perform with better safety performance, the

  • 56

    existing State Safety Award value of 1st prize

    awarded to 90 managements have been enhanced

    from Rs.2500/- to Rs.5000/- for each shield and the

    State Safety Award value of the II prize awarded to

    90 managements have been enhanced from

    Rs.1500/- to Rs.4000/- for each shield.

    Shram Vir Awards

    To encourage the workers, Shram Vir Awards

    popularly styled as Tamilaga Arasin Uyarntha

    Uzhaipalar Virudhu are presented every year to

    those who make outstanding and useful suggestions

    for the improvement in Safety standards, better

    working environments and improvement in

    productivity.

    Special Safety Awards for Firework Factories

    Special Safety Awards are presented annually

    to the Firework Factory managements which perform

    with better safety performance without any accident.

    Under this Scheme, every year 3 first prizes (Silver

    Shields) worth Rs.15,000/- each; 3 second Prizes

  • 57

    (Silver Shields) worth Rs.12,000/- each; and 3 third

    prizes (Silver Shields) worth Rs.10,000/- each are

    given to the Managements.

    For selection of managements and workers for

    such awards, the State Government have already

    formed Committee headed by the Chief Inspector of

    Factories, with experts in the respective fields as its

    members.

    Safety Propaganda Committee

    To educate the managements and workers

    about the safety precautions to be followed to avert

    accidents and to review safety mechanisms in

    Chemical Factories, Firework Factories, Tanneries

    and Bleaching & Dyeing Units, the three Safety

    Propaganda Committees constituted by this

    department at Chennai, Madurai and Coimbatore

    have conducted 79 safety awareness campaigns

    from 01.04.2011 to 31.03.2012.

  • 58

    Group Personal Accident Insurance Scheme

    Under the Group Personal Accident Insurance

    Scheme, with coverage of Rs.50,000/- made

    mandatory on the part of the employer, to render

    relief in case of death, loss of limbs, loss of

    eye-sight, etc., of the insured workers in Match and

    Fireworks Factories in Tamil Nadu, 1,11,402 workers

    have been covered during the period from

    01.07.2011 to 31.03.2012. The payment of accident

    insurance is also given to the injured on 24 hour

    basis and is not confined to accidents arising out of

    or in the course of the actual occupation alone.

    Safety Training

    To educate the workers and managements on

    the importance of Safety, training classes are

    conducted by the district level officers in Factory

    premises itself in Tamil version at free of cost. From

    01.04.2011 to 31.03.2012, 483 training classes

    benefiting 22,852 persons have been conducted.

  • 59

    Building and Other Construction Workers Act and Rules

    The officers of the Inspectorate of Factories

    notified as Enforcement Officers under the Building

    and Other Construction Workers Act and Rules are

    inspecting and registering the establishments to

    prevent accidents and to ensure welfare measures

    for the workers in the construction industry. From

    01.04.2011 to 31.03.2012, 965 Establishments have been registered and 282 cases have been launched

    wherein 124 cases have ended in conviction and a fine amount of Rs.1.26 lakh have been realized.

    Strengthening of Factory Inspectorate

    For the effective implementation of various

    Legislations and welfare measures for ensuring one

    of the most important policies of the Government to

    protect the interest of the workers, the activities of

    the department are being modernized and

    strengthened. During the year 2011-2012, budgetary

    allotment of Rs.75.00 Lakh and Rs.2.80 Lakh

    respectively was made for replacement of 14 old

    vehicles with new vehicles and purchase of computer

    accessories and equipments.

  • 60

    Additional Provisions relating to Safety in Fireworks Factories

    To curtail the alarming increase in the

    frequency of accidents and to achieve accident free

    atmosphere in the Firework Factories, additional

    provisions relating to safety have been incorporated

    in the Schedule XXIV, under Rule 95 of the Tamil

    Nadu Factories Rules, 1950.

  • 61

    III. DEPARTMENT OF EMPLOYMENT AND TRAINING

    EMPLOYMENT WING

    Employment Exchanges register candidates,

    nominate them to employers and render vocational

    guidance. Employment Exchanges also collect and

    compile labour market information and prepare

    youth for various competitive examinations.

    Organizational Structure

    There is an Employment Exchange in all the

    32 Revenue Districts in the State. Apart from these

    there is a Special Employment Office for Differently

    Abled in Chennai to assist the Differently Abled

    Registrants. There is also an exclusive office in

    Chennai to cater to the needs of the Unskilled and

    Technical Personnel. There are two Professional and

    Executive Employment Offices functioning, one at

    Chennai and the other at Madurai.

    Five Coaching-cum-Guidance Centers function

    exclusively for Scheduled Caste and Scheduled

  • 62

    Tribes at Tiruchirappalli, Cuddalore, Coimbatore,

    Vellore and Tirunelveli, and also a Special Vocational

    Guidance Centre for Tribal Population which functions

    at Udhagamandalam.

    There are four Regional Deputy Directors

    (Employment) Offices functioning at Chennai,

    Tiruchirappalli, Madurai and Coimbatore. There are

    3 Joint Directors and 2 Deputy Directors functioning

    at Headquarters at Chennai. The overall control of

    the Department is vested with the Director of

    Employment and training.

    Performance of the Employment Exchanges

    The Employment Exchanges are computerized.

    They undertake registration, renewal, issuing of

    identity card, nominating the registrants to various

    employers as and when they notify the vacancies

    etc. During the year 2011-2012, 10,65,164

    candidates have registered with the Employment

    Exchanges in the entire State. As on 31.03.2012,

    there are 75,03,767 candidates waiting on the Live

    Register of the Employment Exchanges in the State.

  • 63

    During 2011, 4,79,717 HSC and 7,02,962 SSLC

    passed students were registered online at their

    school premises using web enabled online

    registration facility.

    Implementation of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959.

    As per the Employment Exchanges

    (Compulsory Notification of Vacancies) Act, 1959,

    the number of establishments addressed and the

    number of employees in the establishments covered

    in respect of Public and Private Sectors for the period

    upto 30.09.2011 are given below:-

    For the period upto 30.09.2011

    Sl. No.

    Item

    Public Sector

    Private Sector

    1

    Number of Establishments addressed

    12,299 14,168

    2

    Number of Establishments Responded

    12,258 13,670

    3 Total Employment 14,35,882 9,00,066

  • 64

    Vocational Guidance Activities

    There are 17 Vocational Guidance Units in

    Tamil Nadu. The youth are given information

    on higher education, employment and

    self-employment opportunities. Individual

    information is given to job seekers; group

    discussions are conducted and occupational and

    apprenticeship information provided to the students.

    These units also conduct career talks, contact

    employers for information on Job opportunities,

    conduct career guidance exhibitions and seminars in

    educational institutions. Through these units, youth

    are guided to take career decision on higher

    education, employment and competitive

    examinations.

    In 2011-12, 29,894 candidates were sent for

    apprenticeship training, 1,032 career talks were

    given and 31 career exhibitions were conducted.

    10,354 candidates were given counselling for

    self-employment.

  • 65

    Study Circles

    In order to train youth who appear for various

    competitive examinations, study circles were

    established in 30 Districts. In 2003, the Honble

    Chief Minister ordered the extension of the Study

    Circles to 385 Panchayat Unions in the State.

    The Study Circles conduct coaching classes for

    various competitive examinations. For this purpose,

    suitable books, monthly and weekly magazines and

    study material are provided to the youth. Every year

    Rs.64.20 Lakh is spent under this scheme.

    In 2011-12, 894 students benefitted from this

    scheme.

    Private Sector Placements

    With the rapid industrial development of Tamil

    Nadu, opportunities in the Private Sector have

    increased tremendously. The Employment Exchanges

    are taking several proactive initiatives for the benefit

    of unemployed youth in getting Private Sector

  • 66

    Placement. In 2011-12, 10,701 persons were placed

    in Private Sector.

    Special Cells for Differently Abled Persons

    There is an exclusive Special Employment

    office for the Differently Abled Persons functioning at

    Santhome, Chennai. Apart from this, there are

    13 Special Cells in Coimbatore, Erode, Cuddalore,

    Madurai, Nagercoil, Kancheepuram, Tiruchirappalli,

    Salem, Tuticorin, Thanjavur, Udagamandalam,

    Tirunelveli and Vellore. These offices identify

    suitable placement opportunities for the Differently

    Abled Registrants. There are 1,03,321 Differently

    Abled Persons on the Live Register of Employment

    Exchanges. This includes 82,410 Orthopedically

    Handicapped; 10,888 visually impaired and

    10,023 Hearing Impaired candidates. During the

    year 2011-2012, 1,031 Differently Abled Persons

    were placed.

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    Coaching-Cum-Guidance Centers for Scheduled Castes / Scheduled Tribes There are 5 Coaching-Cum-Guidance Centers

    meant for Scheduled Castes/Scheduled Tribes youth

    functioning at Coimbatore, Cuddalore, Tiruchirappali,

    Tirunelveli and Vellore.

    These centers provide vocational and career

    guidance to youth from SC and ST communities.

    They conduct confidence building programmes for

    them. They arrange shorthand/typing training

    facilities for Scheduled Castes and Scheduled Tribes

    job seekers. These centres also co-ordinate with the

    local Employment Exchanges for conducting Career

    Guidance Programmes specially meant for Scheduled

    Castes and Scheduled Tribes.

    Apart from counseling services, these Centres

    periodically organize pre-examination Training

    Courses for the Scheduled Castes/Scheduled Tribes

    youth appearing for various competitive

    examinations. 6,333 Scheduled Castes and

    Scheduled Tribes candidates benefitted during the

    year 2011-2012. The Department organized

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    124 motivational programmes for Self Employment

    and 241 career talks were given for the youth and

    forwarded 2,468 applications to the nationalized

    banks for financing self employment ventures.

    Special Vocational Guidance Centre for Tribal Youth

    There is a Special Vocational Guidance Centre

    functioning at Udagamandalam. This Centre provides

    guidance to students and job seekers belonging to

    tribal community. They collect information on

    training facilities and publish information brochures

    for the benefit of tribal youth. The Vocational

    Guidance Unit visits the educational institutions and

    hostels run for the benefit of the Scheduled Tribes

    and deliver career talks. They also provide the tribal

    youth with information on higher education,

    professional courses, training facilities, scholarships

    and job opportunities.

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    This unit also does spot registration of

    scheduled tribes applicants. In 2011-12,

    428 applicants were given spot registration 438 tribal

    youth were counseled and 416 applicants received

    individual information. 45 career talks were

    delivered by the District Employment Officer. The

    District Employment Officer visited 40 Tribal Schools

    and Hostels during this period for counseling the

    students.

    Unemployment Assistance Scheme

    Unemployment Assistance is given to those

    who are waiting on the Live Registers of Employment

    Exchanges without a job for atleast 5 years. The

    assistance is given every month for three years

    subject to eligibility conditions like age limit and

    annual income. An amount of Rs.100/- for S.S.L.C.

    failed; Rs.150/- for S.S.L.C. passed; Rs.200/- for

    H.S.C. passed and Rs.300/- for graduates per month

    is paid to beneficiaries. During the year 2011-12, a

    sum of Rs.27.47 Crore was distributed to 1,19,624

    beneficiaries.

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    TRAINING WING

    Skill and knowledge are the driving forces for

    the economic growth and social development of any

    country. Countries with higher and better levels of

    skills adjust more effectively to the challenges and

    opportunities of the world of work. The target group

    for skill development comprises all those in the

    labour force, including those entering the labour

    market for the first time, those employed in

    organized sector and those working in the

    unorganized sector. As the proportion of working age

    group of 15-59 years will be increasing steadily,

    India has the advantage of the demographic

    dividend. Harnessing the demographic dividend

    through appropriate skill development efforts would

    provide an opportunity to achieve inclusion and

    productivity within the country and also a reduction

    in the global skill shortages. Large scale skill

    development is thus an imminent imperative. Major

    challenges of skill development initiatives is also to

    address the needs of huge population by providing

    skills in order to make them employable and help

    them secure decent work.

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    The Training Wing of this Department takes

    the responsibility of producing workforce of our State

    by implementing various skill training programmes

    through a vast network of Government ITIs and

    Private ITIs, through systematic training to ensure a

    steady flow of skilled manpower in different trades to

    the industries and to reduce the unemployment

    problem among the educated youth.

    Organisational Structure

    The Directorate is located at Guindy Industrial

    Estate. The Director of Employment and Training is

    the Head of Department. He is assisted by two Joint

    Directors in the State Headquarters and by Five

    Regional Joint Directors, namely Chennai, Trichy,

    Coimbatore, Madurai and Tirunelveli.

    There are 62 Government ITIs functioning

    across the State each with student strength from

    100 to 1000. ITIs are headed by Principals in the

    cadre of Training Officer/Assistant Director/Deputy

    Director depending upon the trainee strength.

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    The Major Skill Development Training Programmes

    1. Craftsmen Training Scheme

    2. Apprenticeship Training Scheme

    3. Industrial Schools

    4. Skill Development Initiative - Modular

    Employable Skills

    5. Centres of Excellence

    6. Upgradation of Govt. ITI under PPP mode.

    7. Skilling Initiatives of Tamil Nadu Skill Development Mission (TNSDM)

    Craftsmen Training Scheme

    Craftsmen Training Scheme is the most

    important scheme in the field of Vocational Training,

    in shaping the Craftsmen to meet the existing as well

    as future manpower requirement through vast

    network of ITIs in the State.

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    The Main Objectives of this Scheme are

    1. Impart training to the less privileged school educated youth to acquire technical skill for gainful employment.

    2. Ensure steady flow of skilled workmen in

    different sectors to meet the manpower requirement of the Industry.

    3. Establish close interaction with the Industries on

    the issues relating to exchange of technical knowledge and experience for the mutual benefit of the Industrial Training Institute as well as Industry.

    4. To introduce new courses in emerging areas and to create self- sustaining courses.

    5. To provide sophisticated training opportunities for women in the field of Electronic and Information Technology for gainful employment.

    Government Industrial Training Institutes

    There are 62 Government ITIs with a total

    seating capacity of 21,736 to impart Industrial

    Training to both boys and girls in 39 Engineering

    and 17 Non-Engineering trades. This includes

    12 Government ITIs functioning exclusively for

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    women, One ITI for Scheduled Castes and One for

    Scheduled Tribes.

    The training period ranges from 6 months to

    3 years depending upon the trades. Students

    between the age of 14 and 40 are admitted in

    Industrial Training Institutes. There is no upper age

    limit for girls admitted in women ITIs/ women wings.

    Admission is made during the month of August every

    year on merit basis following the rules of reservation

    in force.

    Need for starting new ITIs

    Every year only 23,000 youth get admitted in

    the existing Government ITIs, out of 51,000 youth

    applying for admission into Government ITIs. With a

    strong demand for skilled workforce in Tamil Nadu,

    there is a need to start more ITIs. Therefore, the

    Government have decided to open new ITIs every

    year in the Unserviced Areas in a phased manner.

    This Government have decided to set up 10 new

    ITIs. Starting of these ITIs under Public Private

    Partnership is being explored.

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    Concessions Offered to Trainees

    During the training period, monthly stipend is

    given to the trainees to encourage their active

    participation in the training programme. General

    Candidates (all communities with income ceiling) are

    given Rs.100/month, Denotified Community

    Candidates are given Rs.140/- month, Scheduled

    Caste Candidates are given Rs.150/- month,

    Scheduled Tribes Candidates and Burma/Srilanka

    Repatriate Candidates are given Rs.175/- month.

    To help the poor and downtrodden youth,

    Government have issued orders to supply two sets of

    Uniform and a pair of Shoes at free of cost to each

    trainee. Free training and free bus pass are also

    offered in all Government ITIs.

    Affiliated Private Industrial Training Institutes

    To supplement the efforts of the State in

    producing skilled manpower to the Industry, private

    participation is encouraged. At present there are

    627 Private affiliated ITIs in Tamil Nadu with a total

    seating capacity of 60,320.

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    All India Trade Test

    Trade Test is conducted for the trainees of

    Government ITIs and the Private affiliated ITIs by

    NCVT during July every year and Supplementary

    Trade Test is conducted during February.

    The Valuation of answer papers is done by Central

    Evaluation System in the 5 regions viz. Chennai,

    Coimbatore, Trichy, Madurai and Tirunelveli. In July

    2011, 31,831 trainees including the supplementary

    candidates have appeared in the All India trade Test.

    State and All India Skill Competition

    To motivate the trainees, State skill competition

    is conducted in 18 trades at the state level and the

    best trainee in each trade is awarded Rs.25,000/-

    and a merit certificate.

    All India Skill Competition is conducted in

    14 different trades every year with a view to foster

    the spirit of healthy competition among the trainees

    of Industrial Training Institutes of various States.

    Successful trainee in each trade is given a cash

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    award of Rs.50,000/- and a merit certificate by

    Government of India.

    Out of 47 All India Skill Competitions held so

    far, Tamil Nadu alone has been declared the BEST

    STATE 22 times.

    These achievements bear testimony to the high

    quality of training imparted in the Industrial Training

    Institutes in Tamil Nadu and also to the efficiency of

    the trainees.

    Dr. Radhakrishnan Award

    Dr. Radhakrishnan Award is given to the

    Instructors who show exemplary performance in

    training. Every year, 12 Best Teachers (Principal-2,

    Training Officer-2, Assistant Training Officer-4 and

    Junior Training Officer-4) of Government ITIs and

    Private ITIs are given a cash award of Rs.10000/-

    each in the form of Kisan Vikas Patra and a Merit

    Certificate in order to motivate and encourage them.

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    Welfare Scheme for Scheduled Castes/ Scheduled Tribes To assist the Scheduled Castes and Scheduled Tribes to improve their Socio-Economic conditions for

    employability, Industrial training is given in different

    trades. A Government Industrial Training Institute

    with 3 trades and 96 seats is functioning at

    Chidambaram in Cuddalore district exclusively for

    Scheduled Castes.

    A Government Industrial Training Institute at

    Sankarapuram in Villupuram District is functioning

    exclusively for Scheduled Tribes under Tribal

    Sub-Plan with 4 trades and 104 seats.

    Apart from this, 18% of the seats are reserved

    for Scheduled Castes and 1% of the seats for

    Scheduled Tribes in the admission in all other

    Government Industrial Training Institutes.

    Instructor Training

    To keep pace with the rapid technological

    development, Instructional staffs are deputed for

    training to various institutions run by Government of

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    India like Central Training Institutes and Advanced

    Training Institutes. This training equips them with

    the latest technology and skill. Subjects such as

    Teaching Techniques, use of Audio Visual Aids in

    teaching, Classroom Management etc., are covered

    in the training.

    Wireman Helper Competency Examination

    Candidates with 21 years of age and having a

    minimum work experience of 5 years with an

    electrical contractor or in a recognized establishment

    are eligible to appear for this examination.

    The Examination is conducted once in 3 years by the

    department. The last examination was held in

    December 2009. 4,586 candidates had appeared for

    the Wireman Helper Competency Examinations and

    Certificates were issued to 2,521 successful

    candidates by the Department.

    Examination Cell

    Every year, nearly 75,000 trainees are

    appearing for the trade test / examination

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    under Craftsmen Training Scheme, Apprenticeship

    Training Scheme and Industrial School Pattern.

    The examination system has been computerised and

    computerised Provisional Certificates to the passed

    out trainees are issued.

    Apprenticeship Training Scheme

    To acquire industrial skills, the ITI passed

    trainees from Industrial Training Institutes/Private

    ITIs are sponsored as apprentices to Industrial

    establishments for training for a period ranging from

    6 months to 2 years. In Tamil Nadu, Apprenticeship

    Training is given in 111 Trades in 1,868 Industrial

    Establishments. As of now 11,628 apprentices are

    undergoing training. During Apprenticeship Training,

    the apprentices are given stipend ranging from

    Rs.1490/- to Rs.2220/- per month by the

    establishments.

    At the end of training, Trade Test at All India

    level is conducted during the month of April and

    October. The successful candidates are issued

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    National Apprenticeship Certificate. Every year,

    about 12,500 apprentices appear for the All India

    Apprenticeship Trade Test.

    Industrial Schools

    Besides Government and affiliated Private

    Industrial Training Institutes, there are 933 Private

    Industrial Schools functioning in Tamil Nadu.

    At present, approximately 29,900 candidates are

    undergoing training. Training is offered in 110 trades

    mainly in the areas like catering, tailoring, Computer

    Software, beautician, Office Automation, etc.

    Training period is from 45 days to 3 years.

    Candidates with 8th pass qualification are admitted

    for training. Eleven Industrial Schools are offering

    Technical Teachers Training Certificate Course.

    Examination is conducted at State Level and

    Certificates are issued to the successful candidates

    by the State Government. 45 Industrial Schools are

    receiving maintenance grant from the Government.

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    Skill Development Initiative - Modular Employable Skill (SDI-MES)

    With an objective of enabling more number of

    youth to acquire skill in a short span, short term

    training modules have been introduced in

    Government ITIs under the scheme of Skill

    Development Initiative Modular Employable

    Scheme. MES courses are minimum skill sets

    required in each skill area which make the trainees

    employable. This scheme is 100% funded by the

    Central Government in the form of reimbursement of

    training cost to the training providers. This scheme is

    implemented with the help of 61 Government ITIs,

    659 private bodies including private ITIs and

    corporate bodies. Free training is given and courses

    are offered to candidates having qualification 5th std.

    pass and above.

    In order to reduce the burden for the poor students, the State Government bears this cost on their behalf. For this Rs.8.00 Crore is allotted annually by the State Government. In the year 2011-12, through Government ITIs 35,599

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    candidates were trained under the Modular Employable Skill (MES).

    Centers of Excellence

    Government of India launched this Scheme in 2005-06. Under domestic funding, Five Government ITIs were upgraded as Centers of Excellence with Rs.1.60 Crore each. World Bank funded this scheme from the year 2006-2007 at an outlay of Rs.3.50 Crore per centre. The expenditure is shared between Central Government and State Government in the ratio of 75:25. So far 17 Government ITIs have been taken up for up-gradation into CoE and training is offered in 10 sectors to produce World class multi skilled workforce. So far Rs.49.49 Crore have been received from Government, out of which a sum of Rs.41.08 Crore have been spent.

    Upgradation of Government ITIs under Public Private Partnership mode

    Government of India launched this scheme in the year 2007 to improve the ITI-Industry interaction and to motivate private participation in skill development activities. 32 Government ITIs are

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    under up-gradation at a total cost of Rs.80.00 Crore with an interest free loan of Rs.2.50 Crore, to each ITI funded by Government of India to upgrade itself in terms of Civil works, purchase of tools and equipments and recruitment of instructors. An Institute Management Committee headed by an Industry Partner as Chairman and ITI Principal as Member Secretary has been formed for each ITI to draw up Institute Development Plan and to execute it.

    Tamil Nadu Skill Development Mission (TNSDM)

    To enhance skilled workforce in the State, quantitatively and qualitatively, a State Skill Development Mission has been formed to catalyze the skill development activities in the State. New strategy will be developed to provide employment opportunity to more number of unemployed youth in the State.

    Government have given administrative

    sanction for Rs.20.20 Crore for implementing various

    Skill Development initiatives.

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    World Class Vocational Training Institute

    A world class training institute under PPP to

    train youth in Hi-technology areas like Aircraft

    maintenance, manufacturing etc., will be set up.

    CII is identifying a consultant for preparation of Detailed Project report. Courses outside the purview

    of DGCA will be conducted. There is good demand for

    logistics, ground handling and air cargo services

    which assist mainline services. Courses under the

    purview of DGCA like Aircraft Maintenance

    Engineering (AME) and Pilot Training Institutes etc.

    are too sophisticated & require stiff qualification

    parameters & benefit few students at high cost.

    Courses will be run under MES pattern which has

    1200 modules of varying duration.

    e-Content & Simulator Based Training

    For improving the knowledge base of the ITI

    students e-module & simulator based training will be

    introduced in ITI training. 10 trades have been

    identified in consultation with industry. Industries

    and ITIs are engaged in developing curriculum and

    modules.

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    Smart Card for Skilled Candidates

    Smart Card will be issued to the Government

    ITIs and Modular Employable skill pass out to instill a

    sense of pride in skilled workforce. Technical Details

    are being worked out with NIC. Faculty Development Institute

    A Faculty Developing Institute will be set up to ensure continuous supply of quality instructors. A Detailed Project Report is under preparation by CII. Soft Skill Training for College Students

    Soft skill training programme in all Government and Government aided Arts & Science Colleges will be launched. 265 hour curriculum has been approved by the Director of Collegiate Education. Modules are being prepared by CII in consultation with National Association for Software Services Companies (NASSCOM). It is planned to target final year