Jaya cautions Antony

Jaya cautions Antony on Bhavani water

25 Dec 2002 As the Cauvery water dispute hangs fire in the Supreme Court, Tamil Nadu Chief Minister Jayalalitha in a letter to her Kerala counterpart A K Antony has requested for a reconsideration of building a weir across river Bhavani (a Cauvery tributary), to divert its water to the west, outside its basin.
Pointing out that Bhavani was an inter-state river and a part of Cauvery itself, it was not advisable to divert its water until the Cauvery dispute is settled by the Cauvery Water Dispute Tribunal.
The sharing of the water itself was under adjudicatory process before the tribunal she added. Expressing concern over the proposed Rs. 2.75 crore plan of the Kerala government to build the weir near Mukkali village, she pointed out that Kerala had already told the tribunal that it had extended the irrigation in the Attapadi valley to utilize 4.5 tmc ft water.

LABOUR DEPT.

OVERVIEW

The Department
Organisational and Functional Details
INTRODUCTION
I. LABOUR SECTOR TODAY
II. SOCIAL SECURITY
III. EMPLOYEE -EMPLOYER RELATIONSHIPS
IV. LABOUR LAW REFORMS
V. WORKPLACE SECURITY AND INCOME SECURITY
VI. PLANTATION SECTOR
VII. DISPLACED WORKERS
VIII. EMPLOYMENT REGISTRATION AND INDUSTRIAL TRAINING
IX. INSTITUTIONAL AND ADMINISTRATIVE ARRANGEMENTS

VISION

LABOUR POLICY HIGHLIGHTS


The Department

A Secretary to Government heads this department. This department seeks to facilitate harmonious industrial relations in the state and to enforce various labour laws. There are a number of welfare schemes for different sections of workers. A number of welfare fund boards also function under this department. In Industrial disputes the department is the instrument for conciliation and conflict resolution between the labour and management. The labour Commissioner is the head of the field department.

Organisational and Functional Details

The honourable Minister for Labour is assisted by the Secretary to Government, Labour and Rehabilitation Department in the Government Secretariat, 4 Joint Secretaries, 4 Under Secretaries, Section Officers, Assistants and other ancillary staff.

As for the State Department of Labour, the Labour Commissioner, is the head of the department. The most important aims and objectives of the department include maintenance of peaceful atmosphere in the labour sector as a whole; ensure co-operation and healthy relation between the employers and the employed; systematic implementation of the various labour laws (numbering 27 Central/State Acts and Rules) throughout the State etc.

2 Additional Labour Commissioners (one for 'industrial relations' and the other for 'enforcement') having state-wide jurisdiction assist the Labour Commissioner at the headquarters. Besides them, Joint Labour Commissioner, 1 Deputy Labour Commissioner, 1 District Labour Officer (HQ) and 1 Assistant Labour Officer (HQ) are functioning at the Commissionerate. Further, 1 Administrative Officer, 1 Finance Officer, 1 Law Officer, 1 Administrative Assistant, 1 Research Officer, 1 Publicity Officer, 1 PA to the LC, Senior Superintendents, other ministerial and ancillary staff work in the Commissionerate. At Kollam, Ernakulam and Kozhikode 3 Regional Joint Labour Commissioners oversee and control the 25 District Labour Officers and 8 Deputy Labour Commissioners functioning in the respective regions. In all the revenue districts except Pathanamthitta, Idukki and Wayanad, there are 2 District Labour Officers in each district. One of them attends to the general matters including maintenance of industrial peace in the district whereas the other officer looks after enforcement of the Acts and rules. There are 19 Deputy Labour Officers working in different parts of the state. They are conciliation officers. Further, there are 12 Inspectors of Agricultural Labour functioning in all the Districts except Wayanad and Kasargod.

A total number of 100 Assistant Labour Officers (designated as grade II) having taluk-wise jurisdiction attend to the statutory functions at grass-root level throughout the state. They are controlled by the respective DLO (E)

Chief Inspector of Plantations with the status of Joint Labour Commissioner has statewide jurisdiction. He functions as the Head of the Inspectorate. A separate Inspectorate functions as the Head of the Inspectorate. A separate Inspectorate functions for implementation of various labour legislation in the plantation sector. There are 10 Plantation Inspectors under him who perform their duties within specific jurisdictional areas.

Further, one Joint Labour Commissioner another operates at the Kakkad Hydroelectric project and the Super Thermal Power Station at Kayamkulam

The total strength of the State Labour Department is 1116. The total approximate annual expenditure of the Labour Department is Rs. ten crore whereas the total approximate annual receipts of the Department is RS 92.00 lakh only.

Four Labour Courts (Kollam, Ernakulam, Kozhikode and Kannur) and five Industrial Tribunals (Kollam, Alappuzha, Idukki, Palakkad and Kozhikode) function in the state for adjudication of cases.

Disclosure of Information under Section 4(1)(b) of the Act

1. Organisational and Functional details of Labour and Rehabilitation Department.

The business of the State Government is transacted through 38 Secretariat Departments based on the Rules of Business and the Labour & Rehabilitation Department is one among them. The organizational and functional details of General Administration Department are generally applicable to Labour & Rehabilitation Department also.

The Labour & Rehabilitation Department is functioning under the control of a Secretary to Government. There are two Additional Secretaries, one Joint Secretary and six Under Secretaries functioning under him. There are 12 Sections in the Labour & Rehabilitation Department and the work of the Department is distributed to them. Each section is under the charge of a Section Officer. Apart from this, there is an Office Section also functioning under an office Superintendent.

Following are the sections of the Labour & Rehabilitation Department dealing with the subjects mentioned below.

(i) A - Section

Industrial Disputes of all Districts in Kerala.

Papers relating to the issuance of NOC for the Installation of Stone Crusher Units.

Periodical reports on pending cases of all Labour Courts and Industrial Tribunals.

All Labour Disputes falling outside the purview of ID Act

Papers relating to amendments and modification under Industrial Disputes Act and files received from other departments for remarks based on Industrial Disputes Act and Rules.

Declaring of Industries as Public Utility Services.

(ii) B - Section

All Papers relating to Kerala Toddy Workers Welfare Fund Board except Section 8(5).

All papers relating to Kerala Labour Welfare Fund Board, Kerala Laundry Workers’ Welfare Scheme and Kerala Barbers and Beauticians’ Welfare Scheme.

Problems of workers in the respective categories but falling outside the purview of the above Welfare Fund Board/Scheme.

All papers relating to the Department of Factories & Boilers.

All papers relating to exemption from E.S.I. Act.

(iii) C - Section

Establishment matters of Industrial Training Department and Govt. Industrial Training Institutes.

Administration Report of Industrial Training Department, RI Centres and Labour Department.

Establishment matters of the Labour Department and Staff of Labour Department working in the Industrial Tribunals.

Budget Papers of Labour Department

Inspection Reports of the Accountant General and Audit objections in respect of Industrial Training Department.

Papers relating to Public Accounts Committee.

Intensive job oriented Training Schemes implemented through the Department of Industrial Training.

The papers on sanctioning of New Trades and Creation of posts.

Continuance sanction of temporary posts.

Establishment of new ITIs.

Administrative sanction for construction work of ITIs.

Condemnation of Vehicles of Industrial Training Department.

(iv) D - Section

Payment of Gratuity Act (Central Act).

Kerala Industrial Employees’/Payment of Gratuity Act.

Payment of Bonus Act.

Beedi & Cigar Workers Act and Rules.

Beedi & Cigar Workers Welfare Fund Act.

Labour Ministers’ Conference.

Labour Secretaries’ Conference.

Weekly, Fortnightly and Monthly Statement of Lockout, Lay Off, Retrenchment

Kerala Beedi and Cigar Workers’ Welfare Fund Board.

Etta, Kattuvally and Pandanus Leaf Workers’ Welfare Fund Board, Act & Rules.

Problems of Workers in the respective category but falling outside the purview of the above Welfare Fund Boards.

National Commission on Agricultural Labour.

Consolidation work of Labour Department excluding papers relating to LA interpellation, Assurance, Subject Committee etc.

Papers relating to Plantation Labour Act and Rules, allied matters.

Labour Policy.

Computerization and other related papers.

Plantation State level meetings, follow up action and connected subjects

Papers relating to the inspection reports in respect of the Training Department received from Stores Purchase and Finance Departments.

Purchase of equipment for the Department of Training

Papers relating to Private Industrial Training Centres.

Training of Industrial Training Institute and their Associations.

Certificate holders of ITIs and their Associations.

Apprenticeship Act and Rules there under.

General papers relating to the review of plan Schemes.

Five year Plan and related papers.

(v) E - Section

Minimum wages, Minimum Wages Act 1948 and Rules.

Payment of Wages Act and Rules.

Recommendation of Wage Board.

Formation of Wage Board.

Formation of Minimum Wages Committees.

Contract Labour ( Regulation & Abolition) Act & Rules.

Industrial Relation Committee/Board.

Inter-state Migrant Workmen( Regulation of work and conditions of Service.).

Employees Provident Fund and Miscellaneous Provisions Act, 1952.

Exemption from EPF & Miscellaneous Provisions Act.

The Casual, Temporary and Badali Workers Wages Bill.

Welfare Funds (Enactment of Bill Only).

The Equal Remuneration Act and Rules.

The Sales Promotion Employees (Conditions of service) Act and Rules.

The Trade Union Act & Rules.

Motor Transport Workers’ Act & Rules.

Maternity Benefit Act and Rules.

Industrial Employment (Standing Orders) Act & Rules.

Working Journalists and other News Papers Employess (Condition of service and Miscellaneous provisions) Act and Rules.

Working Journalists (Fixation of rates of wages) Act

Employment of Children Act and Schemes and Regulations.
The Kerala Payment of Subsistence Allowance Act and Rules.

Kerala Motor Transport Workers (Payment of Fair Wages) Act.

The Kerala Industrial Establishment (National and Festival Holidays)Act and Rules.

ILO Papers.

Workers’ Education Schemes.

Kerala Shops and Commercial Establishment Act and Rules.

Workmen’s Compensation Act And Rules.

Workers in the unorganized sectors- petitions, demands, issues etc.

Papers on committee for Welfare of women Children and Physically Handicapped.

Grant -in -Aid Schemes- Project, Proposals.

(vi) F - Section

All Establishment matters of of IMS Department.

Fixation of Rent of ESI Dispensaries.

Extension and implementation of ESI Schemes to new areas and categories.

Dying-in-harness papers of IMS Department,

Papers relating to ESI Schemes,

Medical re-imbursement and General papers connected with ESI Scheme

Budget, Administration Report of IMS Department,

Payment of Medical Benefits to Insured Persons and family.

Land acquisition, Purchase of medicines.

(vii) G - Section

Establishment matters of National Employment Services.

All papers relating to Kerala Institute of Labour & Employment.

Labour Academy.

All papers relating to Employment Registration and Seniority.

Petitions for Employment Assistance.

Simplification of Emigration Act.

Enforcement of CNV Act.

All papers relating to ODEPC Limited.

Establishment matters of all Labour Courts and All Industrial Tribunals in the State.

Rent, Telephone, repair and condemnation of vehicles of Employment Department.

Papers relating to registration of candidates in the Employment Exchanges.

(viii) H - Section

Kerala Unemployment Assistance Scheme.

Self-employment scheme implemented through Employment Exchanges.

All papers relating to Kerala Tailoring Workers’ Act.

Kerala Tailoring Workers’ Welfare Scheme and

Kerala Tailoring Workers’ Welfare Fund Board.

All papers relating to Kerala Motor Transport Workers’ Welfare Fund Board

except Appeal Cases under Section 8 (5) of the Kerala Motor Transport Workers’ Welfare Fund Act.

Kerala Autorikshaw Workers’ Welfare Fund Scheme.

All papers relating to Kerala Head Load Workers Act and Rules.

Kerala Headload Workers Welfare Scheme and

Establishment matters of the Kerala Head Load Workers’ Welfare Board.

Problems of workers in the respective categories but falling outside the purview of the above Welfare Boards/Schemes.

(ix) J - Section

Kerala Building & Other Constructions Workers Welfare Fund Board.

Building & Other Construction Workers Welfare Cess Act.

Building and other Construction Workers (Regulation of Employment and conditions of service) Act 1996 & Rules 1998.

Papers relating to MPs’ Conference, Collectors’ Conference and Chief Secretary’s Conference.

Kerala Cashew Workers’ Relief & Welfare Fund Board.

Kerala Handloom Workers’ Welfare Fund Board.

Common papers relating to Welfare Fund Boards.

Relief to Cashew Workers of closed factories.

Kerala Administrative Reforms Committee papers.

Problems of workers in the respective categories but falling outside the purview of the above Welfare Fund Boards.

(x) R - Section

All papers relating to Rehabilitation of Repatriates from Srilanka, Burma, Uganda etc.

Papers relating to Rehabilitation Plantation Limited, Punalur.

Civil Suits and other papers relating to evacuee properties.

All papers relating to the Directorate of Rehabilitation.

All papers on rehabilitation outside the purview of RPL.

Kerala Agricultural Workers Pension.

Group Insurance Scheme for landless Agricultural Labourers.

All papers relating to Kerala Agricultural Act.

Kerala Agricultural Welfare Fund Scheme.

Kerala Agricultural Welfare Fund Board.

Kerala Tree Climbers Welfare Scheme.

SC/STs Advisory Committee papers and follow up action.

All papers relating to Kerala Artisans & Skilled Workers’ Welfare Scheme.

Kerala Abkari Workers’ Welfare Fund Board.

Papers relating to SCP/TSP, Review meeting etc.

Problems of workers in the respective categories but falling outside the purview of the above Welfare Fund Boards/Schemes.

(xi) S - Section

Appeals under Section 8(5) of the Kerala Motor Transport Workers Welfare Fund Act, 1985.

Appeals under Section 8(5) of the Toddy Workers Welfare Fund Act, 1969.

(xii) PS - Section

All papers relating to the consolidation of L.A. Interpellation and Assurances.

Papers relating to the PAC, PUC, Estimate Committee, Committee for the Welfare of Women & Children.

Papers on Subject Committee, Draft Paras/Audit paras related to Labour, Employment, Training, Factories & Boilers and Insurance Medical Service Departments.

Monthly business Statement and Staff conference of the Department.

2. The powers and Duties, as assigned to the officers and Employees of Labour & Rehabilitation Department.

The powers and duties, as assigned to the officers and employees of Secretariat are applicable to the officers and employees of Labour and Rehabilitation Department.
Procedure followed in the decision making process

The cases are generally processed at the section level and the files are submitted to Under Secretary/ Joint Secretary/ Additional Secretary/ Secretary/ Ministers as per the nature/ requirement of the case. The cases are disposed of at the appropriate level based on the provisions contained in the Rules of Business/ Secretariat Instructions and Kerala Secretariat Office Manual.

Norms set by Labour & Rehabilitation Department for the discharge of its functions.

Decision taking officers shall ensure that proper priorities are given in respect of each case coming within their jurisdiction and necessary measures will be taken to check delay and arrears. Necessary provisions have been incorporated in the office manual for the speedy disposal of case and instructions are being issued from time to time for the discharge of the functions of the Department effectively.

Rules, Regulations, Instructions, Manuals held by the Department for discharge of its functions.

The Department discharge its functions in accordance with the instructions contained in Kerala Secretariat Office Manual, Secretariat Instructions and Rules of Business

Statement of Categories of document that are held by the Department.

The document held by the Labour & Rehabilitation Department include the relevant files on the subjects dealt with in the Department.





Labour Policy

INTRODUCTION

During the period of foreign rule, the British introduced industrialisation and thereby heralded the advent of labour sector in this country. With the emergence of native industrialists the labour sector expanded. The pace of industrialization and the expansion of labour sector was accelerated by the first and second world wars. In the early years the workers organised to obtain wages to meet limited needs for livelihood and convenience to work decently. Labour struggle became a part of national movement. The concepts of freedom, democracy, secularism and socialism, were indoctrinated in the labour movement, thanks to agitations for rights of workers. The trade union leaders of yesteryears played a glorious role in this respect.

We are still striving to ensure social security measures envisaged in the directive principles of the Indian Constitution such as right to work, living wages, security in work place etc. Today the economy of the nation itself is facing grave crisis due to the impact of globalization, and the labour sector is in the dark shadows of economic and social problems. The threats faced by the economy of the nation, industry, agriculture and thereby the labour sector are due to the impact of the global pressures and hence beyond our control. Yet we are compelled to defend ourselves to protect our economic and social security. We have to initiate an urgent action plan in this regard. Labour Policy is a step by this Government in this context.

I. LABOUR SECTOR TODAY

1. It is the declared objective of this Government to formulate a new Labour Policy which is responsive to the changing needs of the Labour and Industry and to suit the requirements of economic development.

2. Governments have formulated Labour policies as a part of Industrial policy. This has also been a constraint in formulating labour policies independent of the industrial policy. Consequent on the grave crisis in the Indian economy, significant reforms based on liberalisation, globalisation were enforced from 1991. It was these economic reforms that dictated the industrial policy from then on. Only after a couple of years of reforms that negative effects on other sectors of polity came to be felt, the most affected being the Labour .

3. Though the new industrial policy was aimed at speedy industrial growth, Kerala has not been able to share in the spurt of industrial activity. The tardy growth in industrialisation has accentuated the problem of unemployment and the numbers have increased to 43 lakhs.

4. The state has a work force of around 83 lakhs of which 19 lakhs are women workers. The vast majority work in the unorganised, or informal sector; sometimes in conditions of partial employment, often without adequate access to decent wages or Social Security protection. The attention of Government have been largely focused on protecting the working conditions and the rights of the relatively privileged minority of workers in the organised sector.

5. Unemployment is one of the basic problems confronting the State, and Government have to spur the creation of new employment opportunities. There are presently around 43 lakhs of young people registered on the unemployment rolls of the State. Productive employment is being created in the State’s economy at very low rates. Despite the relatively high skill and adaptability levels of the State’s workforce, labour market has not been perceived as a positive factor by prospective investors in Kerala.

6. Labour Sector problems in Kerala are:-

(i) The high rates of unemployment and underemployment.

(ii) The low rates of productive employment creation.

(iii) The unprotected conditions in the unorganized sector.

(iv) The perception of adversarial labour relations.

(v) The inadequate levels of skill creation and training.

(vi) The inefficiently targeted Social Security regime.

Labour legislation that is becoming out of tune with the times.

7. The competitive market reform policies have turned many industrial units unviable. The plantation sector is also facing a grave situation

due to unremunerative prices for commodity products like Coffee, Tea and Rubber. All this has led to retrenchment and closure of many industrial units and estates in the plantation sector.

8. The forces of globalization, the dismantling of trade barriers, the new production paradigms in `sunrise` areas like information technology and biotechnology, the practice of homeworking, intangible value addition and other phenomena are making their presence felt in India also. The organised sector worldwide is moving away from an employment security regime, towards an income security regime. The new environment demands a high degree of adaptability and flexibility in the Labour market, but the challenge before the government is to ensure that this flexibility is compatible with Labour market security, including protection against arbitrary loss of employment, arbitrary reductions in income and unhealthy work practices.

9. Hence labour policy initiatives are aimed at creating a favourable environment for a planned effort, facilitating industrial promotion and revival along with legislative and structural changes to bring in an environment devoid of restrictive labour practices, but protecting the rights and interests of the workers.

10. Given this context, the policy objectives of Government arise from the following strategic goals.

(a) fostering an enabling environment for rapid employment generation through enhanced private and public investment, in order to achieve the goal of creating 15 lakhs of new jobs in the coming five years.

(b) Retraining and rehabilitation of retrenched labour in closed and sick units.

(c) improving working conditions, providing decent wages and basic lifeline Social Security for workers, especially in the unorganized sector.

(d) minimizing adversarial Labour relations and providing Labour market security, employment security, work security, and income security for the working population.

II. SOCIAL SECURITY

(i) Kerala has made considerable progress in extending Social Security coverage through the mechanism of tripartite welfare fund boards. However, many of these schemes lack clear perspective, and need to be restructured. Their delivery mechanisms are often inefficient and expensive. A “Frame Legislation” will be enacted to bring in a degree of perspective and order for all Social Security initiatives, aimed at consolidating the current set of enactment’s, executive orders, provide guidelines for working out future schemes and obviate the need for individual legislation’s, apart from providing a standards set of basic operating polices and procedures.

(Ii) Extending the coverage of the social security net to cover vulnerable workers in the unorganised sector is one of the major priorities of the Government. New welfare schemes will be introduced for domestic workers, self-employed workers in the service sector and other unprotected categories. These new schemes will be introduced by utilizing existing administrative structures. The delivery system will be computerized to facilitate efficient disbursement; and Social Security cards will be introduced to facilitate universal access and to prevent leakage and malpractice.

(Iii) The fund management of the welfare fund boards will be improved by deploying professional expertise, keeping in view the twin objectives of fund security and income generation. An investment policy to maximise income and control expenditure that would be uniformly applicable to all Boards would be formulated. A comprehensive membership reverification drive will be conducted in all the welfare fund boards to identify and eliminate fraudulent registrations.

(Iv) The financial resources of Government available to support the Social Service system are limited. Government will endeavour to reprioritize the allocation of funds to ensure that vulnerable workers and essential schemes benefit the most. The welfare fund boards would also have to be self-sustaining, drawing upon the resources of community and non-governmental organisations.

III. EMPLOYEE -EMPLOYER RELATIONSHIPS

(i) It is a fact universally acknowledged that one of the impediments to the growth of investment in Kerala has been the poor image still subsisting from the years of Kerala`s labour militancy. Even though this appears to be largely a thing of the past, this residual perception hampers industrial development. We are in an era when the various State and regions are in intense competition for attracting investment. The State`s youth have paid a heavy price on account of inadequate employment creation arising from the very low levels of investment in Kerala. Given the relatively high knowledge levels, skills and adaptability of the worker in Kerala, labour should be projected as a positive factor while considering Kerala as an investment destination. Hence Government would endeavour to promote ideal employee-employer relationships and to curb undesirable labour practices and adversarial labour relations through suitable legislation, through conscientisation, awareness raising and appropriate administrative interventions.

(Ii) With in the purview of the existing laws, entrepreneur will have rights for engaging labour and shall not be inhibited by any claims from ‘sons of the soil’, displaced persons from acquired land, construction, contract labour and dependents of employees.

(Iii) All restrictive labour practices including intimidation, “gherao”, harassment of managers and their families, and extortion of any kind will be treated as criminal offences and dealt with accordingly.

(Iv) Management will have the prerogative to deploy workers in any section of the unit as part of a multi craft approach.

(v) Government will endeavour to prevent stoppages of work in projects on account of industrial disputes; especially during the first five years of the project. The Government will also severely discourage deleterious practices such as ‘go-slow’.

(vi) The new economic policies have substantially reduced the intervention of government in running business. Government is actively pursuing steps to make the regulations for setting up and managing industry simple and transparent in tune with the new liberalization policies. The state has entrenched trade unions led by knowledgeable and experienced leaders. Government will encourage by- partism in industrial disputes. Necessary amendments will be enacted to ensure presence of employers and employees in conciliation proceedings. An arbitration machinery will be constituted to settle disputes not resolved by conciliation.

Government will also encourage long term settlements in industries focussing on productivity and sound managerial practices.

(viii) To prevent the occurrence of disruptive wildcat strikes and lockouts, Government will declare certain vital industries and establishments as “public utilities” under the Industrial Disputes Act.

(ix) Special conciliation mechanisms will be set up by Government if, required, exclusively for entrepreneurs and projects with investment of Rs 150 crores or more in order to ensure that labour disputes are handled on site in a pro-active manner.

(x) The viability of a project depends on the completion of construction and commissioning within the time and cost estimate. Work stoppages whether due to labour dispute or non-fulfillment of obligations by builders will not be permitted.

(xi) Industrial Relations Committees have the pivotal role to create an atmosphere of complete understanding between labour and management. Tripartite industrial relations committees will be set up for key sectors and industries. The Government will endeavor to accord statutory legitimacy and protection to these committees.

IV. LABOUR LAW REFORMS

(i) Many of the labour laws which were enacted at a time when the production paradigm and environment were different, have become outmoded. The Government of India is amending seminal labour legislation like The Industrial Disputes Act, The Trade Unions Act, The Contract Labour (Regulation and Abolition) Act and others. The Second National Labour Commission which is looking into the new legal regime in the sector is expected to submit its report shortly. An expert committee will be constituted to study and make recommendations for simplifying and amending labour laws and rules.

(Ii) Government will attempt to reduce the needless proliferation of Trade unions in establishments, without detriment to the rights and interests of the work force. Legislation will be enacted for conduct of referenda and laying down norms for the recognition of Trade Unions in industries and establishments.

(Iii) There is a need to expedite the industrial dispute resolution mechanism of the labour judiciary, including the Labour courts, Industrial Tribunals, Workmen’s Compensation Commissioners etc. Government will make requisite amendments to the rule and procedures governing the functioning of these bodies to speed up and streamline this process. The provisions for publication of the awards of Labour Courts and Tribunals in the Government Gazette will be amended to expedite enforcement.

(Iv) The Government will also enact requisite State amendments to the Industrial Disputes Act to enable workmen or management to approach Labour Courts/Industrial Tribunals directly, if the conciliation process proves to be ineffective.

(v) The Kerala Headload Workers Act 1978 is an enactment providing social security net to a category of workers. However certain unforeseen practices relating to loading and unloading have since become an irritant phenomena perceived as a stumbling block for industrial growth in the State. A separate legislation to do away with these practices without affecting the rights and interests of the labour will be enacted.

V. WORKPLACE SECURITY AND INCOME SECURITY

(i) The rapidly changing economic environment accentuates the need to fortify the enforcement machinery of the Labour Department to ensure that workers rights including income security & work security are adequately protected. Kerala has a long history of activism for securing the rights of the working population. The Government will endeavour to ensure that the working conditions and the rights of workers are protected by enforcing welfare legislation.

(Ii) A special monitoring system will be instituted for ensuring work place security and dignified working conditions for women workers.

(Iii) Enforcement committees will be constituted at district levels on a sectoral basis for monitoring the enforcement of statutory rules, welfare measures and safety conditions of workers.

(Iv) For the effective implementation of the Minimum Wages Act, Government will expand the category of employment’s under the schedule to the Act. Wages shall be revised for each category of employments without delay and the payment of minimum wages effectively supervised. Government shall take initiative to implement minimum wage for South Indian States, as part of the measures to implement the national minimum wage policy.

(v) The Child Labour (Prohibition & Regulation) Act will be aggressively enforced and Government will endeavour to make Kerala the first State in the country to be free of Child Labour.

(Vi) Outbound migrant workers, especially women from Kerala require special attention, especially in sectors like fish processing. Government will strengthen the monitoring system for migrant workers to ensure proper implementation of the existing laws and to minimise the chances of their exploitation by intermediaries or principal employers.

(vii) The quality of medical care made available under the Employees State Insurance scheme has to be improved. Government will endeavour to provide better access to modern medical facilities to insured employees under the Employees State Insurance Scheme. The ESI coverage will be widened in order to increase its area of operation.

(Viii) The enforcement of laws & measures like the Factories Act and Rules for assuring workplace security and for the abatement of occupational hazards and diseases will be made more effective. Enforcement of Acts relating to industrial safety and prevention of pollution would be strengthened. Special attention will be focussed to identify hazardous industries and sectors including those in the unorganized sector.

(Ix) The labour enforcement machinery is grossly inadequate to cope with the multitude of labour laws and the various establishments that require surveillance. The enforcement strategy will be to reduce the burden on the existing machinery and to encourage employers and other stakeholders to proactively participate in the implementation of this strategy on a voluntary compliance basis.

VI. PLANTATION SECTOR

Kerala accounts for 71% of production of plantation crops in the country. About 14.5 lakh families are dependent on plantation sector for livelihood. Excluding the marginal farmers the labour employed in the plantation sector comes to about 4 and a half lakhs, while the total number of factory workers in the industrial sector is 4.51 lakhs. This points to the importance of plantation sector. Problems faced by plantation sector are mainly due to unremunerative prices for products and lack of productivity. Estates remain closed and those functioning are not profitable. Increased productivity coupled with scientific management, technological innovations can only salvage the plantations from ruin. Government will encourage and promote Non Resident investment in this sector

VII. DISPLACED WORKERS

Government will prepare special rehabilitation packages for workers who are displaced by the closure of industries and sick sectors. Government is particularly concerned about the conditions and prospects of workers in sectors that have been severely affected, including the plantation sector, the Beedi sector, the Cashew, Coir, Handloom and the Agricultural sector. This package will include retraining and resettlement schemes where required.

VIII. EMPLOYMENT REGISTRATION AND INDUSTRIAL TRAINING

(i) The functioning of Employment Exchanges needs to be completely overhauled. These exchanges will be computerised over the next 5 years and the database updated. It is expected that private sector employers will also source their requirements from the employment exchanges when this computerisation process is completed. The Government will also play a more proactive role in enabling access to employment opportunities overseas.

(Ii) The quality of industrial training provided through the network of Industrial Training Institutes / Industrial Training Centres is out of phase with current employer requirements, and needs to be revamped. The curriculum and the course content of these Industrial Training Institutes/ Industrial Training Centres will be completely restructured in line with prospective employer requirements.

IX. INSTITUTIONAL AND ADMINISTRATIVE ARRANGEMENTS

(i) The Labour Department will be modernised using the tools of Information Technology to ensure meaningful labour law enforcement, efficient delivery of social security, and harmonious industrial relations. The functioning of the department will be made transparent. A joint cell of the Labour Department and Industries Department will be constituted to study what changes need to be made in laws, rules and regulations and in the administrative and institutional arrangements to achieve these objects.

(Ii) Kerala Institute of Labour & Employment

In the background of a fluid and uncertain scenario emerging in the industrial scene, labour has to be prepared to face the challenges ahead. The worker has to be educated. Awareness of the problems in general and problems of the particular industry is inevitable for effective and collective bargaining. The workers as well as the leaders of the trade unions has to cope with the changing demand. Only an enlightened labour force can increase productivity and speed up the industrialisation in the state. Workshops, seminars, orientation sessions will be conducted. KILE has a very pivotal role to play in this regard. The scope and functioning of this institute will be enhanced in tune with the National Institute of Labour.

(Iii) Development Overseas and Employment Promotion Consultants Ltd.

The prime asset of our state is undoubtedly the army of unemployed youth estimated to be around 60 lakhs. This human resource available with us has to be channeled to productive sector. Skilled labour is the prime need in the International labour market in view of the rapid technological advances. Our state is blessed with a vast army of skilled and qualified persons on the look out for suitable placements in India and abroad. Identifying and placing the candidates is a very challenging task. Millions of job opportunities are available in different parts of the world. It is envisaged that ODEPC will act as the catalyst between the job and the job seekers.

(Iv) A policy progress monitoring team will be constituted with Secretary (Labour) as Convenor to review the implementation of the policy and consider necessary and appropriate interventions in accordance with the altering needs and demands of labour in view of the fast moving changes in the industrial scene. Review of progress of implementation of the policy will be prepared by the team for the consideration of the Minister ( Labour and Rehabilitation) and the Council of Ministers.

VISION

This policy is the statement of the concerns of this government for the welfare and protection of labour and to endeavour to empower them and improve their quality of life. Increased production, productivity coupled with a harmonious and peaceful labour relations and a new work culture only will create a conducive climate for rapid industrial investment and growth. This will ensure the successful solutions to the twin problems of retrenchment of labour and creation of new jobs for the unemployed. Government is also committed to providing labour market security, income security and decent working conditions for the working population. This labour policy aims to carry forward these objectives. These aims can be attained only if there is tripartite and mutually beneficial partnership between employers, workers and the Government.

LABOUR POLICY HIGHLIGHTS

· Creative measures to attract public and private investment.

· 15 lakh new jobs in the coming five years.

· A unified and consolidated legislation for social security schemes.

· New Social security schemes for workers in the unorganised sector.

· Social security cards for workers.

· Unified and beneficial management of funds of Welfare Boards.

· Reprioritisation of allocation of funds to benefit vulnerable workers.

· Model employee-employer relationships.

· Long term settlements based on productivity.

· Vital industries and establishments declared as `public utilities`.

· Special conciliation mechanism for projects with investments of Rs.150 crores or more.

· Industrial Relations committees in more sectors.

· Labour Law reforms in tune with the times. Empowered body of experts to suggest required changes.

· Referenda for recognition of trade unions.

· Statutory amendments for expediting and streamlining the mechanism of Labour Judiciary.

· Amendments to Industrial Disputes Act in tune with the times.

· Efficient functioning of Labour Department.

· More labour sectors under Minimum Wages Act.

· Child labour act to be aggressively enforced.

· Modern medical facilities for workers.

· Rehabilitation packages for displaced workers.

· Restructuring in functioning of employment exchanges. Computerization and updating of data base.

· Revamping of curriculum and course content in industrial training.

· Joint cell of labour department and industries department to study changes in laws and rules.

· Kerala Institute of Labour & Employment to be upgraded.

· Policy progress monitoring team to review progress of implementation of policy.

Save Athirappalli

Save Athirappalli - Request to the President of India

The Ecologiical Protection Group, Wildlife Protection Society of India and Aashrayam Rural Developemnt Society jointly requested the Hon: President of India to Protect Athirappalli waterfall and its ecosystem from the proposed Hydro-electric Power Project.

Enchanting Athirappalli waterfalls

The content of the letter is given below.

The state has magaged to get sanction from the Ministry of Environemnt and Forests by producing false/manupulated data and misguiding report of public opinion.

The project area is:
1. Part of Elephant reserve 9, Elephant corridor between parambikulam wildlife sanctuary (proposed tiger
reserve) and pooyamkutty genepool area, part of Thattekkad Birdsanctuary,Idukki district.

2. Many number of Endemic and endangered species such as most endagerd Tiger, elephant, Lion tailed macaque, fish species, plants etc are found in the forest area and also the place home of 4 types of hornbills is another uniqueness.

3. The abode of Kadar tribes (ethnic tribe lives only here.) now they face relocation. no steps in this regard is started also.

4. Vana Samrakshna Ssamithi VSS (Jointly formed by Forest Department and People. So far lakhs of rupees is spent for implementing the livelyhood and improving better relation with nature and forests) is organising sathyagraha. Many organisation, individuals, join in the sathyagraha. We the undersigned organisations also joining in the Sathyagraha.

5. It is the fundamental duty of the State as well as the citizen to protect his nature, forests, wildlife, ecosystems etc. Here all these are very much threatened so protecting the remaining ecosystem shall be the first priority of our country.


There are many ways to compensate electricity shortage: 1. minimizing the transmission loss from 40 to 15 percent (there will be surplus electricity in the state if the loss is minimised to 15%! )

2. adopting small power generation with the support of villages in the hilly regions ( again there will be surplus electricity)

3. using tide energy, promoting solar energy, etc

4. shift TO use CFL and LED lamps WILL SAVE MORE THAN WHAT the government want to produce through these mega projects.

These mega projects is mainly intended to rob public wealth and money (There were many news items which says the electricity minister of Kerala is transfering all those officers and staff who are not supporting the Project). The minister adamently told that no body can stop the project! The kerala state Biodiversity Board also opposed the project and clearly stated the volume of loss to the environemnt and biodiversity.

Please do the needful at warfoot basis.

YOU ARE OUR LAST RESORT

By WPSI,EPG,Aashrayam

Echoes in Silent Valley

Protest echoes in Silent Valley

The rare rainforest is threatened once more by the noise of development. Max Martin reports

nature’s last post: the Kunthi flows on near the proposed dam site
The lion-tailed macaque and the Malabar hornbill — two rare species living in the pristine Silent Valley rainforests which are mascots of the 1970s’ conservation posters and stickers — are back in the news. Their pristine habitat is threatened once again by a dam project. The Kerala State Electricity Board (kseb) wants to build a dam right in the protective buffer forest barely a kilometre outside the Silent Valley National Park, a core area of the Nilgiri Biosphere Reserve, a biodiversity hotspot recognised by unesco.

“It is turning back the clock of history,” says Dr B. Ekbal, former vice chancellor of Kerala University and a neurosurgeon, who was part of the late 1970s’ Save Silent Valley movement spearheaded by writers, thinkers and social activists.

The Pathrakkadavu project is rather minimalist, as reported: “A small installed capacity of 70 megawatts (mw) in the first phase (105 mw eventually) and an energy generation of 214 million units (mu) from a 64.5-metre high dam with a minimal gross storage of 0.872 million cubic metres and a negligible submergence of 4.10 ha.” But greens say the Rs 247 crore project, tagged as an eco-friendly run-of-the-river dam, poses a threat to the sensitive eco-system. They raise three points. First, breaching the buffer would be lethal. Second, the project would block the Kunthi (Kunthipuzha in Malayalam), a key tributary to Kerala’s second-largest river Bharatapuzha (Nila), which is already drying up. Third, the dam would deny water to downstream village clusters and tribal hamlets.

On the other hand, power shortage is a clear and present danger in Kerala. At a recent southern region states’ meeting in Bangalore, the state representative declared that Kerala needs to add installed capacity and should revive at least three mega projects. Currently, the Kerala power grid has an energy availability of 13,976 mu/ 2907mw, including central allocation, a kseb-commissioned study says. “At present there is a shortage of 3974 mu/452mw warranting power cuts,” the Rapid Environmental Impact Assessment report of the new project notes. “We have to explore new possibilities,” says Chandramohan, the kseb chief engineer who studied the Pathrakkadavu project. As for locating the plant in such a lush forest, he says, “We can find a (river) head suitable to generate electricity only in a forest area.”

Green dream
In 1976-77 the proposed dam on the Kunthi sparked a noisy debate. Proponents saw the dam as panacea for north Kerala’s underdevelopment. Scientists said Silent Valley was a rare rainforest. New studies by eminent environmentalists SC Nair and VS Vijayan gave Silent Valley broader relevance. A group of environmentalists, academics, researchers and schoolteachers, many of them part of a leftist popular science movement called the Kerala Shastra Sahitya Parishad, spread awareness. Leading Malayalam literary figures joined in. Litigations delayed the project. The Kerala Assembly supported the project. The Save Silent Valley Committee, chaired by ornithologist Salim Ali, was formed in Mumbai. The committee met Indira Gandhi. The wwf and the International Union for Conservation of Nature backed the protestors. In 1980, Mrs Gandhi set up the MGK Menon committee. Protect invaluable natural heritage, it said. Rajiv Gandhi inaugurated the Silent Valley National Park in 1984.
Greens call it sheer arrogance. “I could never imagine someone planning a dam project right in Silent Valley so boldly,” says Sugathakumari, a celebrity Malayalam poet who wrote and fought against the 1970s’ dam. “I cannot believe they talk in the same outdated language of 25 years ago.” Dr Ekbal gives it a long-shot view. “Soon after Stockholm, Kerala gave the world hope; now after Rio and Jo’berg we are back to square one.” The Stockholm Conference on Human Environment (1972) put environmentalism on the global agenda, the Rio de Janeiro Earth Summit (1992) linked it with development and the Johannesburg meet (2002) was all about sustainable development in tune with nature. Scientists celebrate Silent Valley. “Certainly these Western Ghats’ evergreen forests are among the most biodiverse spots,” says Prof Madhav Gadgil, environmental scientist at the Indian Institute of Science, Bangalore. “They harbour a number of species that are found only in India and Sri Lanka,” he adds.

Thiruvananthapuram-based environmental scientist SSC Nair says the proposed project is located such that its implementation will totally severe the most constricted part of the buffer. Besides, the Kunthi, which originates in Silent Valley and splashes down the Western Ghats, is a rarity among the dozen-odd tributaries of the Nila, along the banks of which Kerala’s culture and literature flourished. It is live even in high summer when the scorching heat of Palakkad, coupled with a cluster of dams, dries up all other tributaries.

The Kunthi also feeds 16 panchayats and several tribal hamlets downstream. Earlier tribal people living in 44 hamlets around Attappadi protested when a private firm attempted to divert Bhavani, another local river, ostensibly to supply water to Manarkad, a flourishing hill town built by settler farmers and spice traders.

“It is state-sponsored robbery of resources,” says Sunder Raj, an activist based in Manarkad. This time panchayat heads held a protest meet even as a mandatory public hearing in May was hijacked by local settlers, who supported the dam and drowned voices of dissent.

Land value is supposed to go up once the dam comes up in three to five years. Access to denser parts of the forest will increase with its 7.4 km approach road. Otherwise it’s a trek that takes about three hours to the project area. Local people dread the prospect of opening up of the forest. “Already huge forest tracts in the buffer area are threatened by loggers, settlers and cannabis cultivators,” says Tony Thomas, a local farmer. “Attappadi hills are already denuded, tribal people are driven away.”
The current protests here, though with the support of Kerala’s elite, are a grassroots affair. It’s part of a larger debate than the mere protection of a monkey and a hornbill.
October 02, 2004

Lines on water

Our policy is not to suppress'

Interview with Chief Minister A.K. Antony.

The issue of the tribal people of Kerala is one that would put any government in extreme difficulty. Even as the final round of negotiations was on to end the agitation by the Adivasi Dalit Action Council, Chief Minister A. K. Antony explained in an interview to R. Krishnakumar why it was possible for his government to meet the Adivasis' demands only halfway and why the issue of restoration of alienated land was not a priority now. Excerpts:

The Adivasi Dalit Action Council has declared that the struggle is no longer one between Adivasis and the settler-farmers, but one between the government and the tribal people. Will the issue be resolved to the tribal people's satisfaction?

H. VIBHU

It is too much to expect a new government to solve all problems that have remained unresolved for the past 50 years. It is only four months since I became Chief Minister. Did any other government in Kerala show such interest in finding a solution to the Adivasi issue in such a short time? We will give at least one acre of land to all landless Adivasis. Where there is more land, the government will give more.

Is the fact that Adivasis no longer demand the restoration of alienated land a positive change?

The main problem before the government was that they demanded five acres, nothing less. It is difficult to find that much land. Not only that, are there not others with similar problems in Kerala? Are there not lakhs of Scheduled Caste people with not even five cents of land? Are there not other sections who are landless? There is no doubt that Adivasis are eligible for a more considerate attitude. That is why the government is ready to give at least one acre to all landless Adivasis. It may not be possible to give one acre each to all landless people in Kerala. Will it be possible to give at least five cents each to all landless people in Kerala? Adivasis were the most exploited class of people. So they are eligible for special consideration. They should understand that this is an issue that had remained unsolved for the past 50 years.

When will the Adivasis start getting this land?

They should give the government some time. Look at the decisions we have taken. Adivasi welfare and rehabilitation is a major programme in the Tenth Five-Year Plan. Work for that has started and the government has decided to include Adivasis in all stages of its preparation. The Planning Board is to prepare a master plan for the development of the tribal people. There is the food-for-work programme that we are going to implement, the problem of educational and health facilities, of roads, that we have promised to solve. On the serious issue of exploitation of tribal women, I have asked the police to take stringent action. My government is giving the utmost priority, and showing empathy and eagerness to solve the problems of Adivasis as no other government has before. Look at the provocation that was made, but our policy is not to suppress the agitation.

Does the government consider the fact that Adivasis are demanding other land, rather than the restoration of alienated land, a welcome change?

The government's concern is only about their demand for five acres. There is no meaning in making promises that the government cannot keep. I believe in implementing what I promise. It is because all previous governments have fooled them that they do not trust anyone. What can we do now for things that did not proceed as promised earlier?

According to Adivasi leaders, there are 45,000 landless Adivasi families in Kerala. That is a much higher figure than the government estimate.

As per their figures, it is a lot of land that the government will have to give them, if they demand five acres. So they themselves know the impracticality of the demand they had placed before the government. The density of population in Kerala is so high that families are forced to build houses on two and a half cents in the cities and towns. Three or four families have constructed houses on the five cents the government distributed as part of land reforms. The government has readily agreed to all practical demands that they made. But does a government not have its limitations?

How can Adivasis be sure that the government is not making another hollow promise?

We will give them everything that we promised them. Perhaps the government may give more than it promised, but it will not go back on its commitments. But they should not expect the government to do what it simply cannot do.

Has the government found out what percentage of Adivasis the Action Council represents before it holds discussions or strikes a deal with it on the fate of all the tribal people in the State?

The Council leaders were the ones who took up the cause. That itself is an indication of the openness of the government's stand. Both the Opposition and pro-government tribal organisations were critical of the government holding talks with them. But they brought the issue before the people in a better way than other organisations did.

Do you think it is practical to take back land from the settler-farmers who had over the years taken possession of tribal land in Kerala?

That will create another problem in the State. It was the previous LDF (Left Democratic Front) government that brought in legislation in 1999 to take back tribal land alienated after a certain period. But would that not create a fresh set of problems? What is the point in solving one and creating another? That is why the government decided to find somehow the land.

What is your stand on the other major demand, that the tribal areas should be declared scheduled areas?

There are only two regions where there is a concentration of Adivasis in the State, Attappadi (in Palakkad district) and Wayanad district. In the rest of the State, they are a scattered population. The demand needs careful scrutiny before I can say anything about how the government will go about it. The situation is not the same as in northern India.

If the government makes the 1999 law the basis for the selection of beneficiaries...

Who is adamant that the 1999 law should be the benchmark? I am not discussing any law here. What I am saying is, the government will give at least a minimum of one acre. Wherever there is more land available, it will give more. Drop the 1999 Act and the 1975 Act. Who is being adamant here? The Adivasi problem can be solved only if they get land and employment, only if there is a solution to the peculiar diseases that afflict them, to the poverty among them and if there is an end to the kind of exploitation they have been subjected to over the years. Those are the problems that were begging a solution all along. And the government has decided to solve them with total commitment.