Lok Sabha Question No. 3138 (UNSTARRED), answered on 2023-03-20
Subject: Norms in Tea Factories in Assam
Ministry: LABOUR AND EMPLOYMENT
Asked by: Pradyut Bordoloi

## GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT LOK SABHA

## UNSTARRED QUESTION NO. 3138 TO BE ANSWERED ON 20.03.2023

## NORMS IN TEA FACTORIES IN ASSAM

3138. SHRI PRADYUT BORDOLOI:

Will  the  Minister  of  LABOUR  AND  EMPLOYMENT  be  pleased  to state:

- (a)whether the Government has taken cognizance of flouting of norms in tea factories in Assam under the Factories Act, 1948, if so, the details thereof;
- (b)whether  the  Government  intends  to  amend  the  Plantation  Labour Act, 1951, if so, the details thereof;
- (c)whether  the  Government  has  taken  any  steps  to  ensure  the implementation of labour regulations and monitoring of noncompliance in tea factories in Assam;
- (d)whether  the  Government  has  taken  cognizance  of  independent reports  citing  failure  to  provide  safety  equipment  to  tea  factory workers in Assam and if so, the steps taken in this regard and if not, the reasons therefor;
- (e)whether  the  Government  is  maintaining  data  on  accidents  in Assam's tea factories and if so, the details thereof; and
- (f)whether compensation is provided to the victims for the same and if
- so, the details thereof and if not, the reasons therefor?

## ANSWER

## MINISTER OF STATE FOR LABOUR AND EMPLOYMENT (SHRI RAMESWAR TELI)

- (a): The  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 Act.  The Factories Act, 1948 and the rules framed thereunder are enforced by States/ Union Territories through their Chief Inspector of Factories (CIF) / Director of Industrial Safety & Health (DISH).

As per the information received by Directorate General of Factory Advice Service and Labour Institutes (DGFASLI), an attached office of Ministry  of  Labour  &  Employment,  from  the  State  Government  of Assam, inspections are conducted by them to assess the implementation of the Act in tea factories. In case of non-compliance of  the  provisions  of  the  Act,  prosecutions  are  launched  against  the errant factory management.

- (b): The Plantation Labour Act, 1951 and 12-other labour laws have been  subsumed  in  the  Occupational  Safety,  Health  and  Working Conditions  Code,  2020  which  has  been  notified  on  20 th   September, 2020.  However, the Code is yet to come into force.
- (c): Apart  from  the  regular  inspections  of  tea  factories  by  State Government of Assam, steps are also undertaken to ensure implementation  of  labour  laws  applicable  thereto  and  monitoring  of their non-compliance, if any. These steps includes to issue directives to  install  CCTV  cameras  at  worksite,  use  of  Personal  Protective Equipments, conducting awareness session on Safety & Health etc.
- (d): State  Government  of  Assam  has  informed  that  they  are  not  in receipt of such report citing failure to provide safety equipment to tea factory workers in Assam.
- (e): As per the information collected by Directorate General Factory Advice Service and Labour Institutes (DGFASLI) through correspondence with  the  Chief  Inspector  of  Factories  of  Assam,  the details of fatal  and non-fatal injuries occurred in the factories including the tea factory registered under the Factories Act, 1948 as well as the number of prosecutions launched and convictions made for the calendar years 2019 to 2021 is annexed.
- (f): 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.

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## Annexure referred to in reply to part (e) of Lok Sabha Unstarred Question No. 3138 for answer on 20.03.2023 regarding Norms in Tea Factories in Assam.

Details of fatal and non-fatal injuries, the number of prosecutions launched and convictions made under section 92 and 96A in the factories (including tea factories) registered under the Factories Act, 1948, year -wise is as under:

| Years   | Injuries   | Injuries   | Prosecutions launched   | Convictions made   |
|---------|------------|------------|-------------------------|--------------------|
| Years   | Fatal      | Non-Fatal  | Prosecutions launched   | Convictions made   |
| 2019    | 4          | 21         | 11                      | Not reported       |
| 2020    | 10         | 19         | 5                       | Not reported       |
| 2021    | 4          | 40         | Not reported            | Not reported       |

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