Lok Sabha Question No. 3575 (UNSTARRED), answered on 2015-12-21
Subject: Migrant Workers
Ministry: LABOUR AND EMPLOYMENT
Asked by: JANARDAN SINGH SIGRIWAL, RODMAL NAGAR, KAMLA DEVI PATLE, SANTOSH AHLAWAT, SUMEDHANAND SARASWATI

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

LOK SABHA UNSTARRED QUESTION NO. 3575 TO BE ANSWERED ON 21.12.2015 MIGRANT WORKERS

†3575. SHRI JANARDAN SINGH SIGRIWAL:

SHRI NAGAR RODMAL:

SHRIMATI KAMLA DEVI PAATLE:

SHRIMATI SANTOSH AHLAWANT:

SHRI SUMEDHANAND SARSWATI:

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

- (a)whether  the  Government  monitors  the  enforcement  of  the  InterState Migrant Workmen (Regulation of Employment and Conditions of  Service)  Act,  1979  and  if  so,  the  reaction  of  the  Government thereto;
- (b)whether the Government also maintains a register for the migrant workers and if so, the number of such works including unskilled and agricultural  labourers  in  the  country  at  present  State/UT-wise
- including Madhya Pradesh;
- (c)whether the Government has conducted any study in regard to the living standard, health and safety of these migrant workers;
- (d)if so, the details thereof and the steps taken or being taken by the Government for the welfare of migrant workers; and
- (e)the  various  steps  taken  by  the  Government  to  check  the  trend  of inter- State migration and also to issue identity card to such/migrant workers in the country?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI BANDARU DATTATREYA)

(a): Yes, Madam. Office of Chief Labour Commissioner (Central) monitors the enforcement of Inter-State Migrant Workmen (Regulation of  Employment  and  Conditions  of  Service)  Act,  1979  through  regular inspections  in  central  sphere.  The  details  of  enforcement  of  InterState Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 in Central Sphere Establishments are as under.

|   Sl. No. | Particulars                  |   2012-13 |   2013-14 |   2014-15 |   2015-16 |
|-----------|------------------------------|-----------|-----------|-----------|-----------|
|         1 | No. of Inspections conducted |       155 |       286 |        78 |        41 |
|         2 | No. of Irregularities        |      1967 |      1807 |      1038 |       466 |
|         3 | No. of Prosecutions Launched |        51 |       109 |        49 |        04 |
|         4 | No. of Convictions           |        77 |        50 |        35 |        04 |

- (b): Inter-state  Migrant  Workmen  (Regulation  of  Employment and Conditions of Service) Act, 1979 provides for registration of only establishments engaging the inter-state migrant workers. The register for migrant workers is not maintained at the central level.
- (c) & (d): Government has not conducted any study in regard to living standard, health and safety of migrant workers. However Government has  conducted  study  on  (i)  Tribal  Migrant  from  Jharkhand  Region  of Bihar  relating  to  causes  and  consequences  (ii)  Inter-State  Migrant Workers relating to  actual Conditions of Work (iii)  Inter-State Migrant Workmen Act  relating to Evaluation of Implementation and Impact of the  Act  on  Construction  Workers  in  Delhi  and  a  Framework  for Monitoring  the  Implementation  of  the  Act  and  (iv)  Changing  Migrant Behavior  of  Bihari  Labourer  Participation  in  Agriculture  relating  to Economic Analysis of Punjab & Bihar.

In order to safeguard the interest of the migrant workers, the Central Government  has  enacted      the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service)  Act, 1979  which,  inter  alia,  provides  for  payment  of  minimum  wages, journey allowance, displacement allowance, residential accommodation,  medical  facilities  and  protective  clothing  etc.  The provisions of various labour  laws like The Employees' Compensation Act, 1923, The Payment of Wages Act, 1936, The Industrial Disputes Act, 1947, The Employees' State Insurance Act, 1948, The Employees' Provident  Funds  and  Miscellaneous  Provisions  Act,  1952  and  the Maternity Benefit Act, 1961 are also applicable on migrant workers.

The Government has also enacted the Unorganized Workers' Social Security Act, 2008 to provide for social security and welfare of unorganized workers including migrant workers.

(e): In  order  to  check  the  trend  of  inter-state  migration  the Government has enacted Mahatma Gandhi National Rural Employment Guarantee  (MGNREGA)  Act,  2005  which  aims  at  enhancing  the livelihood  security  of  people  in  rural  areas  by  guaranteeing  hundred days  of  wage-employment  in  a  financial  year  to  a  rural  household whose adult members  volunteer to do unskilled manual work. According to the MGNREGA Act, employment shall be provided within a radius of five kilometers of the village where the applicant resides at the  time  of  applying.  In  cases  the  employment  is  provided  outside such  radius,  it  must  be  provided  within  the  Block  and  the  labourers shall be paid 10% extra wages. As such, providing local employment, on demand by the household, mitigates distress migration.

Government  has  not  decided  to  issue  identity  card  to migrant workers yet.

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