3625 GI/20

(1905)

रजिस्ट्री सं. डी.एल. (एन) 04/0007/2003—05

REGD. NO. D. L. (N) 04/0007/2003—05

xxxGIDHxxx

xxxGIDExxx

प्राजिकार से प्रकाजित

PUBLISHED BY AUTHORITY

साप् ताजिक

WEEKLY

सं.

30]

नई दिल् ली, अगस्ट् त 16—अगस्ट् त 22, 2020, िजनवार/ श्रावण 25—श्रावण 31, 1942

No. 30]

NEW DELHI, AUGUST 16—AUGUST 22, 2020, SATURDAY/SRAVANA 25— SRAVANA 31, 1942

इस भाग में जभन् न ृष्‍ सं्‍ ा िी िाती िज जिससे दक ि ृष क संकलन के प ृ में र ा िा सके

Separate Paging is given to this Part in order that it may be filed as a separate compilation

भागII— ण् ड 3—उृ- ण् ड(ii)

PART II—Section 3—Sub-section (ii)

भारत सरकार के मंत्राल ों (रक्षा मंत्राल को छोड़कर) द्वारा िारी दकए गए सांजवजिक आिेि और अजिसूचनाएं

Statutory Orders and Notifications Issued by the Ministries of the Government of India

(Other than the Ministry of Defence)

जविेि मंत्राल

(सी.ृी.वी. प्रभाग)

नई दिल् ली, 29 िुलाई, 2020

का.आ. 676.-—रािनज क और कोंसुली अजिकारी (िृ एवं फीस) के अजिजन म, 1948 की िारा 2

के ंड (क) के अनुसरण में वजिाजनक आिेि ।

एतद्द्वारा, केंद्र सरकार भारत के प्रिान कोंसलावास, िजमवगग में श्री मनीष, सिा क अनुभाग अजिकारी को

दिनांक 29 िुलाई 2020 से सिा क कोंसुलर अजिकारी के तौर ृर कोंसुलर सेवाओं के जनवगिन के जलए प्राजिकषत

करती िज।

[फा. सं. टी-4330/01/2016]

जव्‍णु कुमार िमाग, जनिेिक (सी.ृी.वी.)

सी.जी.-डी.एल.-सा.-12092020-221707

CG-DL-W-12092020-221707

1906 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

MINISTRY OF EXTERNAL AFFAIRS

(CPV DIVISION)

New Delhi, the 29th July, 2020

S.O. 676 .—Statutory Order in pursuance of the clause (a) of the Section 2 of the Diplomatic and

Consular Officers (Oaths and fees) Act, 1948 (41 of 1948), the Central Government hereby appoints Shri

Manish, Assistant Section Officer as Assistant Consular Officer in Consulate General of India, Hamburg to

perform the Consular services with effect from 29 July, 2020.

[F. No. T-4330/01/2016]

VISHNU KUMAR SHARMA, Director (CPV)

कार्मगक, लोक जिका त त ा ृेंिन मंत्राल

(कार्मगक और प्रजिक्षण जवभाग)

नई दिल् ली, 19 अगस्ट् त, 2020

का.आ. 677.—केन् द्र सरकार, एतिद्वारा दिल् ली जविेष ृुजलस स्ट् ाृना अजिजन म, 1946 (1946 की

अजिजन म सं्‍ ा 25) की िारा 5की उृ-िारा (1) सृठ त िारा 6 द्वारा प्रि्त िजि ों का प्र ोग करते हुए

आंध्र प्रिेि राज् सरकार, गषि (एससी.ए) जवभाग अजिसूचना िी.ओ. एमएस सं. 111, दिनांक 12.09.2019

सृठ त इसकी संिोजित अजिसूचना िी.ओ. एमएस सं. 172, गषि (एससी.ए) जवभाग, दिनांक 24.12.2019

सृठ त इसकी िुजि ृत्र, जिसे िी.ओ. एमएस सं. 13, गषि (एससी.ए) जवभाग, दिनांक 20.01.2020 के माध् म से

िारी दक ा ग ा और सृठ त इसकी संिोजित अजिसूचना िी.ओ. एमएस सं. 72, गषि (एससी.ए) जवभाग, दिनांक

25.06.2020, के माध् म से िारी सिमजत से जृिुगुरल्ला मंडल के कोणांकी गांव, केसानुृल्ली और िाचेृल्ली मंडल

के नािीकुिी गांव, गुंटुर जिला में चूना ृत् र के अवजि नन/ िान दि ा और अवजि ृठरविन के संबंि में

जनम्नजलज त सारणी में उजल्लज त मामलों में दकए गए अृराि(िों) के अन्वेषण करने के जलए त ा ऐसे अृराि(िों)

से िुड़े ा उससे संबि दकसी िु्‍प्र ास, िु्‍प्रेरणा और षड्यंत्र एवं/अ वा उसी संव्यविार में दकए गए ा उन्िीं तथ् ों

से उत्ृन्न दकसी अन् अृराि(िों) का अन्वेषण करने के जलए दिल्ली जविेष ृुजलस स्ट् ाृना के सिस्ट् ों की िजि ों

और क्षेत्राजिकार का जवस्ट्तार समस्ट् त आंध्र प्रिेि राज् में करती िजैः-

ि.सं.

अृराि सं. और कानून की िारा

ाना के नाम

भारती िण्ड संजिता की िारा 379, 386, 420, 447, ृीडीृीृी अजिजन म की िारा

3, एमएम (डीएण्डआर) अजिजन म, 1957 की िारा 21 सृठ त एृी एमएमसी

जन म, 1966 की िारा 26, जवस्ट्फोटक अजिजन म, 1884 की िारा 9 (बी) और

जवस्ट्फोटक ृिा ग अजिजन म, 1908 की िारा 3 के अंतगगत अृराि सं. 308/2018

जृिुगुरल्ला

भारती िण्ड संजिता की िारा 379, 386, 420, 447, ृीडीृीृी अजिजन म की िारा

3, एमएम (डीएण्डआर) अजिजन म, 1957 की िारा 21 सृठ त एृी एमएमसी

जन म, 1966 की िारा 26, जवस्ट्फोटक अजिजन म, 1884 की िारा 9 (बी) और

जवस्ट्फोटक ृिा ग अजिजन म, 1908 की िारा 3 के अंतगगत अृराि सं. 309/2018

जृिुगुरल्ला

भारती िण्ड संजिता की िारा 379, 386, 420, 447, ृीडीृीृी अजिजन म की िारा

3, एमएम (डीएण्डआर) अजिजन म, 1957 की िारा 21 सृठ त एृी एमएमसी

जन म, 1966 की िारा 26, जवस्ट्फोटक अजिजन म, 1884 की िारा 9 (बी) और

जवस्ट्फोटक ृिा ग अजिजन म, 1908 की िारा 3 के अंतगगत अृराि सं. 310/2018

जृिुगुरल्ला

भारती िण्ड संजिता की िारा 379, 386, 420, 447, ृीडीृीृी अजिजन म की िारा

3, एमएम (डीएण्डआर) अजिजन म, 1957 की िारा 21 सृठ त एृी एमएमसी

जन म, 1966 की िारा 26, जवस्ट्फोटक अजिजन म, 1884 की िारा 9 (बी) और

जृिुगुरल्ला

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

1907

जवस्ट्फोटक ृिा ग अजिजन म, 1908 की िारा 3 के अंतगगत अृराि सं. 311/2018

भारती िण्ड संजिता की िारा 379, 386, 420, 447, ृीडीृीृी अजिजन म की िारा

3, एमएम (डीएण्डआर) अजिजन म, 1957 की िारा 21 सृठ त एृी एमएमसी

जन म, 1966 की िारा 26, जवस्ट्फोटक अजिजन म, 1884 की िारा 9 (बी) और

जवस्ट्फोटक ृिा ग अजिजन म, 1908 की िारा 3 के अंतगगत अृराि सं. 312/2018

जृिुगुरल्ला

भारती िण्ड संजिता की िारा 379, 386, 420, 447, ृीडीृीृी अजिजन म की िारा

3, एमएम (डीएण्डआर) अजिजन म, 1957 की िारा 21 सृठ त एृी एमएमसी

जन म, 1966 की िारा 26, जवस्ट्फोटक अजिजन म, 1884 की िारा 9 (बी) और

जवस्ट्फोटक ृिा ग अजिजन म, 1908 की िारा 3 के अंतगगत अृराि सं. 313/2018

जृिुगुरल्ला

भारती िण्ड संजिता की िारा 379, 386, 420, 447, ृीडीृीृी अजिजन म की िारा

3, एमएम (डीएण्डआर) अजिजन म, 1957 की िारा 21 सृठ त एृी एमएमसी

जन म, 1966 की िारा 26, जवस्ट्फोटक अजिजन म, 1884 की िारा 9 (बी) और

जवस्ट्फोटक ृिा ग अजिजन म, 1908 की िारा 3 के अंतगगत अृराि सं. 314/2018

जृिुगुरल्ला

भारती िण्ड संजिता की िारा 379, 386, 420, 447, ृीडीृीृी अजिजन म की िारा

3, एमएम (डीएण्डआर) अजिजन म, 1957 की िारा 21 सृठ त एृी एमएमसी

जन म, 1966 की िारा 26, जवस्ट्फोटक अजिजन म, 1884 की िारा 9 (बी) और

जवस्ट्फोटक ृिा ग अजिजन म, 1908 की िारा 3 के अंतगगत अृराि सं. 315/2018

जृिुगुरल्ला

भारती िण्ड संजिता की िारा 379, 386, 420, 447, ृीडीृीृी अजिजन म की िारा

3, एमएम (डीएण्डआर) अजिजन म, 1957 की िारा 21 सृठ त एृी एमएमसी

जन म, 1966 की िारा 26, जवस्ट्फोटक अजिजन म, 1884 की िारा 9 (बी) और

जवस्ट्फोटक ृिा ग अजिजन म, 1908 की िारा 3 के अंतगगत अृराि सं. 316/2018

जृिुगुरल्ला

भारती िण्ड संजिता की िारा 379, 386, 420, 447, ृीडीृीृी अजिजन म की िारा

3, एमएम (डीएण्डआर) अजिजन म, 1957 की िारा 21 सृठ त एृी एमएमसी

जन म, 1966 की िारा 26, जवस्ट्फोटक अजिजन म, 1884 की िारा 9 (बी) और

जवस्ट्फोटक ृिा ग अजिजन म, 1908 की िारा 3 के अंतगगत अृराि सं. 317/2018

जृिुगुरल्ला

भारती िण्ड संजिता की िारा 379, 386, 420, 447, ृीडीृीृी अजिजन म की िारा

3, एमएम (डीएण्डआर) अजिजन म, 1957 की िारा 21 सृठ त एृी एमएमसी

जन म, 1966 की िारा 26, जवस्ट्फोटक अजिजन म, 1884 की िारा 9 (बी) और

जवस्ट्फोटक ृिा ग अजिजन म, 1908 की िारा 3 के अंतगगत अृराि सं. 318/2018

जृिुगुरल्ला

भारती िण्ड संजिता की िारा 379, 386, 420, 447, ृीडीृीृी अजिजन म की िारा

3, एमएम (डीएण्डआर) अजिजन म, 1957 की िारा 21 सृठ त एृी एमएमसी

जन म, 1966 की िारा 26, जवस्ट्फोटक अजिजन म, 1884 की िारा 9 (बी) और

जवस्ट्फोटक ृिा ग अजिजन म, 1908 की िारा 3 के अंतगगत अृराि सं. 181/2018

िाचेृल्ली

भारती िण्ड संजिता की िारा 379, 386, 420, 447, ृीडीृीृी अजिजन म की िारा

3, एमएम (डीएण्डआर) अजिजन म, 1957 की िारा 21 सृठ त एृी एमएमसी

जन म, 1966 की िारा 26, जवस्ट्फोटक अजिजन म, 1884 की िारा 9 (बी) और

जवस्ट्फोटक ृिा ग अजिजन म, 1908 की िारा 3 के अंतगगत अृराि सं. 182/2018

िाचेृल्ली

भारती िण्ड संजिता की िारा 379, 386, 420, 447, ृीडीृीृी अजिजन म की िारा

3, एमएम (डीएण्डआर) अजिजन म, 1957 की िारा 21 सृठ त एृी एमएमसी

जन म, 1966 की िारा 26, जवस्ट्फोटक अजिजन म, 1884 की िारा 9 (बी) और

जवस्ट्फोटक ृिा ग अजिजन म, 1908 की िारा 3 के अंतगगत अृराि सं. 183/2018

िाचेृल्ली

भारती िण्ड संजिता की िारा 379, 386, 420, 447, ृीडीृीृी अजिजन म की िारा

3, एमएम (डीएण्डआर) अजिजन म, 1957 की िारा 21 सृठ त एृी एमएमसी

जन म, 1966 की िारा 26, जवस्ट्फोटक अजिजन म, 1884 की िारा 9 (बी) और

िाचेृल्ली

1908 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

जवस्ट्फोटक ृिा ग अजिजन म, 1908 की िारा 3 के अंतगगत अृराि सं. 184/2018

भारती िण्ड संजिता की िारा 379, 386, 420, 447, ृीडीृीृी अजिजन म की िारा

3, एमएम (डीएण्डआर) अजिजन म, 1957 की िारा 21 सृठ त एृी एमएमसी

जन म, 1966 की िारा 26, जवस्ट्फोटक अजिजन म, 1884 की िारा 9 (बी) और

जवस्ट्फोटक ृिा ग अजिजन म, 1908 की िारा 3 के अंतगगत अृराि सं. 185/2018

िाचेृल्ली

भारती िण्ड संजिता की िारा 379, 386, 420, 447, ृीडीृीृी अजिजन म की िारा

3, एमएम (डीएण्डआर) अजिजन म, 1957 की िारा 21 सृठ त एृी एमएमसी

जन म, 1966 की िारा 26, जवस्ट्फोटक अजिजन म, 1884 की िारा 9 (बी) और

जवस्ट्फोटक ृिा ग अजिजन म, 1908 की िारा 3 के अंतगगत अृराि सं. 186/2018

िाचेृल्ली

[फा. सं. 228/31/2019-एवीडी-II]

एस. ृी. आर. जत्रृा ी, अवर सजचव

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

New Delhi, the 19th August, 2020

S.O. 677 .—In exercise of the powers conferred by sub section (1) of Section 5 read with Section 6 of

the Delhi Special Police Establishment Act, 1946 (Act No. 25 of 1946), the Central Government with the

consent of the State Government of Andhra Pradesh, issued vide Home (SC.A) Department Notification G.O.

Ms. No. 111, dated 12.09.2019 r/w its amendment Notification G.O. Ms. No. 172, Home (SC.A) Department,

dated 24.12.2019 r/w its Corrigendum issued vide G.O. Ms. No. 13, Home (SC.A) Department, dated

20.01.2020 and r/w amendment Notification G.O. Ms. No. 72, Home (SC.A) Department, dated 25.06.2020,

hereby extends the powers and jurisdiction of the members of the Delhi Special Police Establishment to the

whole State of Andhra Pradesh for investigation into the offence(s) relating to illegal mining/quarrying and

illegal transportation of Limestone in Konanki Village of Piduguralla Mandal, Kesanupalli and Nadikudi

Villages of Dachepalli Mandal, Guntur District in the cases mentioned in the following table and any attempt,

abetment and conspiracy in relation to or in connection with such offence(s) and/or for any other offence

committed in the course of the same transaction or arising out of the same facts:-

Sl.

No.

Cr. No. & Sec. of Law

Name of PS

Cr. No. 308/2018 U/s 379, 386, 420, 447 IPC, Sec. 3 of PDPP Act, Sec. 21 of

MM (D&R) Act, 1957 r/w 26 of AP MMC Rules, 1966, Sec. 9 (B) of

Explosives Act, 1884 & Sec. 3 of Explosive Substances Act, 1908.

Piduguralla

Cr. No. 309/2018 U/s 379, 386, 420, 447 IPC, Sec. 3 of PDPP Act, Sec. 21 of

MM (D&R) Act, 1957 r/w 26 of AP MMC Rules, 1966, Sec. 9 (B) of

Explosives Act, 1884 & Sec. 3 of Explosive Substances Act, 1908.

Piduguralla

Cr. No. 310/2018 U/s 379, 386, 420, 447 IPC, Sec. 3 of PDPP Act, Sec. 21 of

MM (D&R) Act, 1957 r/w 26 of AP MMC Rules, 1966, Sec. 9 (B) of

Explosives Act, 1884 & Sec. 3 of Explosive Substances Act, 1908.

Piduguralla

Cr. No. 311/2018 U/s 379, 386, 420, 447 IPC, Sec. 3 of PDPP Act, Sec. 21 of

MM (D&R) Act, 1957 r/w 26 of AP MMC Rules, 1966, Sec. 9 (B) of

Explosives Act, 1884 & Sec. 3 of Explosive Substances Act, 1908.

Piduguralla

Cr. No. 312/2018 U/s 379, 386, 420, 447 IPC, Sec. 3 of PDPP Act, Sec. 21 of

MM (D&R) Act, 1957 r/w 26 of AP MMC Rules, 1966, Sec. 9 (B) of

Explosives Act, 1884 & Sec. 3 of Explosive Substances Act, 1908.

Piduguralla

Cr. No. 313/2018 U/s 379, 386, 420, 447 IPC, Sec. 3 of PDPP Act, Sec. 21 of

MM (D&R) Act, 1957 r/w 26 of AP MMC Rules, 1966, Sec. 9 (B) of

Explosives Act, 1884 & Sec. 3 of Explosive Substances Act, 1908.

Piduguralla

Cr. No. 314/2018 U/s 379, 386, 420, 447 IPC, Sec. 3 of PDPP Act, Sec. 21 of

MM (D&R) Act, 1957 r/w 26 of AP MMC Rules, 1966, Sec. 9 (B) of

Piduguralla

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

1909

Explosives Act, 1884 & Sec. 3 of Explosive Substances Act, 1908.

Cr. No. 315/2018 U/s 379, 386, 420, 447 IPC, Sec. 3 of PDPP Act, Sec. 21 of

MM (D&R) Act, 1957 r/w 26 of AP MMC Rules, 1966, Sec. 9 (B) of

Explosives Act, 1884 & Sec. 3 of Explosive Substances Act, 1908.

Piduguralla

Cr. No. 316/2018 U/s 379, 386, 420, 447 IPC, Sec. 3 of PDPP Act, Sec. 21 of

MM (D&R) Act, 1957 r/w 26 of AP MMC Rules, 1966, Sec. 9 (B) of

Explosives Act, 1884 & Sec. 3 of Explosive Substances Act, 1908.

Piduguralla

Cr. No. 317/2018 U/s 379, 386, 420, 447 IPC, Sec. 3 of PDPP Act, Sec. 21 of

MM (D&R) Act, 1957 r/w 26 of AP MMC Rules, 1966, Sec. 9 (B) of

Explosives Act, 1884 & Sec. 3 of Explosive Substances Act, 1908.

Piduguralla

Cr. No. 318/2018 U/s 379, 386, 420, 447 IPC, Sec. 3 of PDPP Act, Sec. 21 of

MM (D&R) Act, 1957 r/w 26 of AP MMC Rules, 1966, Sec. 9 (B) of

Explosives Act, 1884 & Sec. 3 of Explosive Substances Act, 1908.

Piduguralla

Cr. No. 181/2018 U/s 379, 386, 420, 447 IPC, Sec. 3 of PDPP Act, Sec. 21 of

MM (D&R) Act, 1957 r/w 26 of AP MMC Rules, 1966, Sec. 9 (B) of

Explosives Act, 1884 & Sec. 3 of Explosive Substances Act, 1908.

Dachepalli

Cr. No. 182/2018 U/s 379, 386, 420, 447 IPC, Sec. 3 of PDPP Act, Sec. 21 of

MM (D&R) Act, 1957 r/w 26 of AP MMC Rules, 1966, Sec. 9 (B) of

Explosives Act, 1884 & Sec. 3 of Explosive Substances Act, 1908.

Dachepalli

Cr. No. 183/2018 U/s 379, 386, 420, 447 IPC, Sec. 3 of PDPP Act, Sec. 21 of

MM (D&R) Act, 1957 r/w 26 of AP MMC Rules, 1966, Sec. 9 (B) of

Explosives Act, 1884 & Sec. 3 of Explosive Substances Act, 1908.

Dachepalli

Cr. No. 184/2018 U/s 379, 386, 420, 447 IPC, Sec. 3 of PDPP Act, Sec. 21 of

MM (D&R) Act, 1957 r/w 26 of AP MMC Rules, 1966, Sec. 9 (B) of

Explosives Act, 1884 & Sec. 3 of Explosive Substances Act, 1908.

Dachepalli

Cr. No. 185/2018 U/s 379, 386, 420, 447 IPC, Sec. 3 of PDPP Act, Sec. 21 of

MM (D&R) Act, 1957 r/w 26 of AP MMC Rules, 1966, Sec. 9 (B) of

Explosives Act, 1884 & Sec. 3 of Explosive Substances Act, 1908.

Dachepalli

Cr. No. 186/2018 U/s 379, 386, 420, 447 IPC, Sec. 3 of PDPP Act, Sec. 21 of

MM (D&R) Act, 1957 r/w 26 of AP MMC Rules, 1966, Sec. 9 (B) of

Explosives Act, 1884 & Sec. 3 of Explosive Substances Act, 1908.

Dachepalli

[F. No. 228/31/2019-AVD-II]

S. P. R. TRIPATHI, Under Secy.

कषजष एवं दकसान कल् ाण मंत्राल

(कषजष, सिकाठरता एवं दकसान कल् ाण जवभाग)

(रािभाषा प्रभाग)

नई दिल् ली, 20 िुलाई, 2020

का.आ. 678 .—केंद्री सरकार, रािभाषा (संघ के िासकी प्र ोिनों के जलए प्र ोग) जन म, 1976 के

जन म 10 के उृ जन म (4) के अनुसरण में कषजष, सिकाठरता एवं दकसान कल् ाण जवभाग, कषजष एवं दकसान कल् ाण

मंत्राल के प्रिासजनक जन ंत्रणािीन जनम् नजलज त संस्ट् ान को जिसके 80 प्रजतित कमगचाठर ों ने हिंिी का

का गसािक ज्ञान प्राप् त कर जल ा िज, अजिसूजचत करती िज: -

चौ. चरण हसंि रा्‍ री कषजष जवृणन संस ान,

कोटा रोड, बम् बाला, प्रताृ नगर,

ि ृुर – 302033, रािस्ट् ान

[फा. सं. 3-3/2011-रा.भा.नी.]

अश् वनी कुमार, सं ुक् त सजचव

1910 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

MINISTRY OF AGRICULTURE AND FARMERS WELFARE

(Department of Agriculture, Cooperation and Farmers Welfare)

(OFFICIAL LANGUAGE DIVISION)

New Delhi, the 20th July, 2020

S.O. 678 .—In pursuance of Sub Rule (4) of the Rule 10 of the Official Languages (Use for Official

Purposes of the Union) Rules, 1976 the Central Government herby notifies the following Institute which is

under the administrative control of the Department of Agriculture, Cooperation and Farmers Welfare, Ministry

of Agriculture and Farmers Welfare whereof 80% staff have acquired the working knowledge of Hindi-

CCS National Institute Of Agricultural Marketing,

Kota Road, Bambala, Pratap Nagar,

Jaipur, Rajasthan-302033

[F. No. 3-3/2011-Official Language Policy]

ASHWANI KUMAR, Jt. Secy.

नई दिल् ली, 20 िुलाई, 2020

का.आ. 679 .—केंद्री सरकार, रािभाषा (संघ के िासकी प्र ोिनों के जलए प्र ोग) जन म, 1976 के

मंत्राल के संबि का ागल वनस्ट् ृजत संरक्षण, संगरोि एवं संग्रि जनिेिाल , फरीिाबाि के अंतगगत जनम् नजलज त

प्रिासजनक जन ंत्रणािीन का ागल ों को जिनके 80 प्रजतित कमगचारीवषन् ि ने हिंिी का का गसािक ज्ञान प्राप् त कर

जल ा िज, अजिसूजचत करती िज: -

केंद्री एकीकषत नािीिीव प्रबंिन केंद्र, प् लॉट नं.-

195/663, ृाईका नगर, ृी.ओ. बरमुंडा कॉलोनी,

भुवनेश्वर -751003 (ओजडिा)

ठटड्डी मंडल का ागल ,

एनएच-15, आईटीआई,

रेलवे िांहसंग के ृास, फलौिी,

जिला - िोिृुर-342301 (रािस्ट् ान)

केंद्री एकीकषत नािीिीव प्रबंिन केंद्र, लक्ष्मी जनवास,

कषजष भवन, कांके रोड, रांची - 834008 (झार ंड)

ठटड्डी मंडल का ागल ,

कलेक्रेट का ागल के नििीक,

चुप - 331001 (रािस्ट् ान)

केंद्री एकीकषत नािीिीव प्रबंिन केंद्र, मकान नं.

82/05, एच.ृी.एस., साई भवन, अरावली मागग, न् ू

सांगानेर रोड, मानसरोवर, ि ृुर -302020

(रािस्ट् ान)

ठटड्डी मंडल का ागल ,

रािृूत समािवाड़ी के ृास, रावलवाड़ी ठरलोकेिन

साईट, रघुवंिी नगर, जिला भुि (कच्छ)-370,001

गुिरात

ठटड्डी मंडल का ागल , बसनी रोड, नागौर - 341001

(रािस्ट् ान)

ठटड्डी मंडल का ागल , एन.एच.-62, आकािवाणी

के ृास,

बीकानेर रोड, सूरतगढ़ - 335804 (रािस्ट् ान)

9. वनस्ट् ृजत संगरोि केंद्र,

ृी.ओ. िुआलिोत,

वा ा-नक् सलबाड़ी ृानीटंकी,

िार्िगहलंग -734429 (ृजश् चम बंगाल)

10. वनस्ट् ृजत संगरोि केंद्र,

सेक् टर-ई, िानकीृुरम ररंग रोड,

इंिीजन ररंग कॉलेि िाहसंग के

ृास, ल नऊ -226021 उत् तर प्रिेि

[फा. सं. 3-3/2011-रा.भा.नी.]

अश् वनी कुमार, सं ुक् त सजचव

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

1911

New Delhi, the 20th July, 2020

S.O. 679 .—In pursuance of Sub Rule (4) of the Rule 10 of the Official Language (Use for Official

Purposes of the Union) Rules, 1976 the Central Government herby notifies the following offices which are

under the administrative control of the Directorate of Plant Protection, Quarantine & Storage. Faridabad an

attached office of the Department of the Agriculture, Cooperation & farmers Welfare, Ministry of Agriculture &

Farmers Welfare whereof 80% staff have acquired the working knowledge of Hindi:—

Central Integrated Pest Management Centre,

Plot No. 195/663, Paika Nagar,

P.O. Burmmunda Colony,

Bhubaneswar (Odisha) -751 003,

Locust Circle Office

N.H.15, Near I.T.I Railway Crossing,

Phalodi, District - Jodhpur- 342301

(Rajasthan)

Central Integrated Pest Management Centre,

Laxmi Niwas, Krishi Bhawan, Kanke Road,

Ranchi (Jharkhand)-834008

Central Integrated Pest Management Centre,

House No. 82/05, HPS, Sai Bhawan, Arawali

Marg, New Sanganer Road, Mansarover, Jaipur

(Rajasthan) -302020,

Locust Circle Office,

Near Collectorate Office,

Churu -331001 (Rajasthan)

Locust Circle Office,

Near Rajput Samajwari, Rawalwari Relocation

Sight, Raghuvanshi Nagar,

District Bhuj (Kutch), Gujarat – 370001

Locust Circle Office,

Basni Road,

Nagaur -341001 (Rajasthan)

Locust Circle Office,

N.H.- 62, Near Akashwani, Bikaner Road

Suratgarh - 335804 (Rajasthan)

Plant Quarantine Station,

NH-31-C, P.O. DulalJote, Via- Naxalbari,

Panitanki, Darjeeling-734 429 (W.B)

10. Plant Quarantine Station,

Sector E, Jankipuram, Ring Road,

Near Engeneering College Crossing

Lucknow, Uttar Pradesh-226021

[F. No. 3-3/2011-Official Language Policy]

ASHWANI KUMAR, Jt. Secy.

नई दिल् ली, 20 िुलाई, 2020

का.आ. 680 .—केंद्री सरकार, रािभाषा (संघ के िासकी प्र ोिनों के जलए प्र ोग) जन म, 1976 के

जन म 10 के उृ जन म (4) के अनुसरण में कषजष एवं दकसान कल् ाण मंत्राल , कषजष, सिकाठरता एवं दकसान

कल् ाण जवभाग के स्ट् वा त् त संग न रा्‍ री सिकारी प्रजिक्षण ृठरषि, िौि ास, नई दिल् ली के प्रिासजनक

जन ंत्रणािीन जनम् नजलज त का ागल ों को, जिनके 80 प्रजतित कमगचाठर ों ने हिंिी का का गसािक ज्ञान प्राप् त कर

जल ा िज, अजिसूजचत करती िज: -

1. सिकारी प्रबंि संस्ट् ान,

सिकारी कॉम् ृलजक् स, लाम्फेलृेट,

इम्फाल (मजणृुर)- 795004

2. क्षेत्री सिकारी प्रबंि संस्ट् ान,

67, ृद्मनाभनगर, बनिंकरी, II स्ट् टेि,

बेंगलुप – 560070

[फा. सं. 3-3/2011-रा.भा.नी.]

अश् वनी कुमार, सं ुक् त सजचव

1912 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

New Delhi, the 20th July, 2020

S.O. 680 .—In pursuance of Sub Rule (4) of the Rule 10 of the Official Languages (Use for Official

Purposes of the Union) Rules, 1976 the Central Government herby notifies the following offices which are

under the administrative control of the National Council For Cooperative Training an Autonomous organization

of the Department of Agriculture, Cooperation & Farmers Welfare, Ministry of Agriculture & Farmers Welfare

whereof 80% staff have acquired the working knowledge of Hindi.

Institute of Cooperative Management,

Cooperative Complex,

Lamphelpat, Imphal-795004

Regional Institute of Cooperative Management,

67 Padmanabhanagar, Banshankari,

2^nd stage, Bengaluru-560070

[F. No. 3-3/2011-Official Language Policy]

ASHWANI KUMAR, Jt. Secy.

ubZ fnYyh] 14 vxLr] 2020

—ekuo jksx{ke vYirk fo"kk.kq vkSj vÆtr jksx{ke vYirk lay{k.k ¼fuokj.k vkSj fu;a=.k½

vfèkfu;e] 2017 ¼2017 dk 16½ dh èkkjk 46 dh mi&èkkjk ¼1½ mica/k djrh gS fd dsUæh; ljdkj lkekU;r% mDr

vfèkfu;e ds micaèkksa dks dk;kZfUor djus gsrq] mDr vfèkfu;e vkSj mlds v/khu cuk, x, fu;eksa ls laxr ekxZn'kZu

cuk ldsxh(

vkSj mDr èkkjk dh mi&èkkjk¼2½] vU; ckrksa ds lkFk&lkFk] dsUæh; ljdkj dks jänkrk p;u vkSj jänkrk

jsQjy ekxZn'kZu] 2018 cukus ds fy, l'kDr djrh gS(

vr%] vc] dsUæh; ljdkj ekuo jksx{ke vYirk fo"kk.kq vkSj vÆtr jksx{ke vYirk lay{k.k ¼fuokj.k vkSj

fu;a=.k½ vfèkfu;e] 2017 ¼2017 dk 16½ dh èkkjk 46 }kjk çnÙk 'kfä;ksa dk ç;ksx djrs gq, bl vfèklwpuk ls

mikc) vuqlwph ds vuqlkj ÞjDrnkrk p;u vkSj jDrnkrk jsQjy ekxZn'kZu] 2018Þ vfèklwfpr djrh gSA

[Qk- la- Vh-11020@50@1999-ukdks ¼ih ,aM lh½]

vkyksd lDlsuk] la;qDr lfpo

MINISTRY OF HEALTH AND FAMILY WELFARE

New Delhi, the 14th August, 2020

S.O. 681.—Whereas sub-section (1) of section 46 of the Human Immunodeficiency Virus and

Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (16 of 2017) provides that the

Central Government may make guidelines consistent with the said Act and any rules made there under,

generally to carry out the provisions of the said Act;

And whereas, sub-section (2) of the said section, inter alia, empowers the Central Government to make

the Blood Donor Selection and Blood Donor Referral Guidelines, 2018;

Now, therefore, in exercise of the powers conferred by section 46 of the Human Immunodeficiency

Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (16 of 2017), the Central

Government hereby notifies the “Blood Donor Selection and Blood Donor Referral Guidelines, 2018 as per the

Schedule annexed to this notification.

[F. No. T-11020/50/1999-NACO(P&C)]

ALOK SAXENA, Jt. Secy.

1914 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

1. Introduction.—The primary responsibility of a Blood Transfusion Service is to provide a safe,

sufficient and timely supply of blood and blood components. In fulfilling this responsibility, the Blood

Transfusion Service should ensure that the act of blood donation is safe and causes no harm to the

donor. It should build and maintain a pool of safe, voluntary non-remunerated blood donors and take

all necessary steps to ensure that the products derived from donated blood are efficacious for the

recipient, with a minimal risk of any infection that could be transmitted through transfusion.

2. Objectives.—The donor selection criteria recommended in these guidelines apply to donors of whole

blood, red cells, platelets, plasma and other blood components, donated as whole blood or through

apheresis, including plasma for fractionation.

Whilst these guidelines are designed to promote best practise in Blood Transfusion Services to ensure

the collection of donations from the lowest risk donors possible.

3. Donor Recruitment and Retention.—

(i)

Blood should be accepted only from voluntary, non-remunerated, low risk, safe and healthy

donors.

(ii)

Efforts should be directed towards encouraging and retaining adequate numbers of repeat

donors.

(iii)

Donors should be appropriately recognised and thanked for their contribution.

(iv)

The blood bank should educate donors prior to collection of blood regarding the risk of blood

donation and transfusion transmissible infections.

4. Donor Selection.—(1)The steps for donor selection include-

(a)

Pre-donation information,

(b)

Pre-donation counselling,

(c)

Donor Questionnaire and Health check-up,

(d)

Counselling during blood donation,

(e)

Post-donation counselling.

(2)

Counselling of blood donors is to be provided by trained blood donor counsellors maintaining

privacy and confidentiality. All blood banks may also train their donor organisers or medical

officers to undertake counselling, in case a dedicated manpower is not available. A medical

officer with minimum MBBS qualification should be responsible for reviewing the donor’s

health conditions and performing physical examination of the donor. The final call on donor

selection is to be taken by the medical officer.

1916 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

(iv)

Options for the donor to withdraw or self-defer at any time before, during or after donation,

(v)

Blood donation process and potential adverse donor reactions,

(vi)

Common Transfusion Transmitted Infection, modes of transmission and window period,

(vii)

Basic information on tests performed on donated blood,

(viii)

Possible consequences for donors and donated blood in the case of abnormal Transfusion

Transmitted Infection test results.

(2)

It can be done as a one-on-group and integrated with the activities undertaken for donor

recruitment and retention.

6. Pre-donation Counselling.-(1) It should focus on the donor and preferably be done one-on-one.

(2)

The objectives include:

(i)

Understanding of Donor Questionnaire to enable correct responses,

(ii)

Reiterate understanding of Transfusion Transmitted Infection testing and the disclosure of

results,

(iii)

Clarify any misunderstanding about donor selection, blood donation and blood screening,

(iv)

Explain self-deferral,

(v)

Explain temporary and permanent deferral,

(vi)

Familiarise donor to process of blood donation,

(vii)

Obtain donor’s Informed consent.

Donor Questionnaire and Health Check-up.(1) The donor questionnaire and health check-up is

administered to every prospective donor to enable a quick history taking, limited physical

examination and blood test. A questionnaire shall be prepared in English and Local languages which

is simple and easy to understand to be answered by the donor. For donors who are illiterate,

assistance should be given by counsellor or donor registration staff.

(2)

Demographic details of the donor, date and time of donor selection and donation shall be

registered. Informed consent shall be obtained in writing from the donors on the questionnaire.

(3)

Prior to blood donation, the consent of the donor shall be obtained in writing with donor’s

signature or thumb impression after the procedure is explained and the donor is informed

regarding testing of blood for all mandatory tests for safety of recipients. The donor shall be

provided an opportunity to ask questions and refuse consent.

Donor Consent. Donor consent shall be taken for the following understanding that:

(1)

Blood donation is a totally voluntary act and no inducement or remuneration has been offered.

(2)

Donation of blood or its components is a medical procedure and that by donating voluntarily, I

accept the risk associated with this procedure.

(3)

My donated blood and plasma recovered from my donated blood may be sent for plasma

fractionation for preparation of plasma derived medicines, which may be used for larger

patient population and not just this blood bank.

(4)

My blood will be tested for hepatitis B, hepatitis C, malaria parasite, HIV or AIDS and

Syphilis diseases in addition to any other screening tests required to ensure blood safety.

(5)

I would like to be informed about any abnormal test results done on my donated blood Yes or

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

1917

Blood Donor Selection Criteria

General Criteria

S.No.

Criteria

Recommendations

Wellbeing

The donor shall be in good health, mentally alert and

physically fit and shall not be inmates of jail or any other

confinement.

“Differently abled” or donor with communication and sight

difficulties can donate blood provided that clear and

confidential communication can be established and he or

she fully understands the donation process and gives a valid

consent.

Age

Minimum age 18 years

Maximum age 65 years

First time donor shall not be over 60 years of age, for repeat

donor upper limit is 65 years.

For aphaeresis donors 18-60 years

Whole blood volume collected and

weight of donor

350 ml–45 kg

450ml–more than 55 kg

Apheresis–50 kg

Donation interval

For whole blood donation, once in three months (90 days)

for males and four months (120 days) for females.

For apheresis, at least 48 hours interval after platelet or

plasma – apheresis shall be kept (not more than 2 times a

week, limited to 24 in one year)

After whole blood donation a plateletpheresis donor shall

not be accepted before 28 days.

Apheresis platelet donor shall not be accepted for whole

blood donation before 28 days from the last platelet

donation provided reinfusion of red cell was complete in

the last plateletpheresis donation. If the reinfusion of red

cells was not complete then the donor shall not be accepted

within 90 days.

A donor shall not donate any type of donation within

12 months after a bone marrow harvest, within 6 months

after a peripheral stem cell harvest.

Blood pressure

100-140mm Hg systolic 60-90 mm Hg diastolic with or

without medications.

There shall be no findings suggestive of end organ damage

or secondary complication (cardiac, renal, eye or vascular)

or history of feeling giddiness, fainting made out during

history and examination. Neither the drug nor its dosage

should have been altered in the last 28 days.

Pulse

60-100

Regular

Temperature

Afebrile;37oC or 98.4oF

Respiration

The donor shall be free from acute respiratory disease.

1918 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Haemoglobin

>or =12.5g/dL

Thalassemia trait may be accepted, provided haemoglobin

is acceptable.

10.

Meal

The donor shall not be fasting before the blood donation or

observing fast during the period of blood donation and last

meal should have been taken at least 4 hours prior to

donation.

Donor shall not have consumed alcohol and show signs of

intoxication before the blood donation. The donor shall not

be a person having regular heavy alcohol intake.

11.

Occupation

The donor who works as air crew member, long distance

vehicle driver, either above sea level or below sea level or

in emergency services or where strenuous work is required,

shall not donate blood at least 24 hours prior to their next

duty shift. The donor shall not be a night shift workers

without adequate sleep.

12.

Risk behaviour

The donor shall be free from any disease transmissible by

blood transfusion, as far as can be determined by history

and examination.

The donor shall not be a person considered “at risk” for

HIV, hepatitis B or C infections (transgender, men who

have sex with men, Female sex workers, Injecting drug

users, persons with multiple sexual partners or any other

high risk as determined by the medical officer deciding

fitness to donate blood).

13.

Travel and residence

The donor shall not be a person with history of residence or

travel in a geographical area which is endemic for diseases

that can be transmitted by blood transfusion and for which

screening is not mandated or there is no guidance in India.

14.

Donor skin

The donor shall be free from any skin diseases at the site of

phlebotomy. The arms and forearms of the donor shall be

free of skin punctures of scars indicative of professional

blood donors or addiction of self-injected narcotics.

Physiological Status for Women

15.

Pregnancy or recently delivered

Defer for 12 months after delivery

16.

Abortion

Defer for 6 months after abortion

17.

Breast feeding

Defer for total period of lactation

18.

Menstruation

Defer for the period of menstruation

Non-specific Illness

19.

Minor non-specific symptoms including

but not limited to general malaise, pain,

headache

Defer until all symptoms subside and donor is afebrile

Respiratory (Lung)Diseases

20.

Cold, flu, cough, sore throat or acute

Defer until all symptoms subside and donor is afebrile

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

1919

sinusitis

21.

Chronic sinusitis

Accept unless on antibiotics

22.

Asthmatic attack

Permanently defer

23.

Asthmatics on steroids

Permanently defer

Surgical Procedures

24.

Major surgery

Defer for 12 months after recovery.

(Major surgery being defined as that requiring

hospitalisation, anaesthesia (general or spinal) had Blood

transfusion and or or had significant blood loss)

25.

Minor surgery

Defer for 6 months after recovery

26.

Received blood transfusion

Defer for 12 months

27.

Open heart surgery including by-pass

surgery

Permanently defer

28.

Cancer surgery

Permanently defer

29.

Tooth extraction

Defer for 6 months after tooth extraction

30.

Dental surgery under anaesthesia

Defer for 6 months after recovery

Cardio-vascular Diseases (Heart Disease)

31.

Has any active symptom

(Chest pain, shortness of breath, swelling

of feet)

Permanently defer

32.

Myocardial infarction (heart attack)

Permanently defer

33.

Cardiac medication (digitalis, nitro-

glycerine)

Permanently defer

34.

Hypertensive heart disease

Permanently defer

35.

Coronary artery disease

Permanently defer

36.

Angina pectoris

Permanently defer

37.

Rheumatic heart disease with residual

damage

Permanently defer

Central Nervous System or Psychiatric Diseases

38.

Migraine

Accept if not severe and occurs at a frequency of less than

once a week

40.

Convulsions and epilepsy

Permanently defer

41.

Schizophrenia

Permanently defer

1920 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

42.

Anxiety and mood disorders

Accept person having anxiety and mood (affective)

disorders like depression or bipolar disorder, but is stable

and feeling well on the day regardless of medication .

Endocrine Disorders

43.

Diabetes

Accept person with diabetes mellitus well controlled by

diet or oral hypoglycaemic medication, with no history of

orthostatic hypotension and no evidence of infection,

neuropathy or vascular disease (in particular peripheral

ulceration).

Permanently

defer

person

requiring

insulin

andor

complications of Diabetes with multi organ involvement.

Defer if oral hypoglycaemic medication has been altered or

dosage adjusted in last 4 weeks.

44.

Thyroid disorders

Accept donations from individuals with benign thyroid

disorders if euthyroid (Asymptomatic goitre, history of

viral thyroiditis, auto immune hypo thyroidism)

Defer if under investigation for thyroid disease or thyroid

status is not known

Permanently defer if:

1) Thyrotoxicosis due to Graves’ Disease

2) Hyper or hypo thyroid

3) History of malignant thyroid tumours

45.

Other endocrine disorders

Permanently defer

Liver Diseases and Hepatitis infection

46.

Hepatitis

Known hepatitis B, C– Permanently defer

Unknown hepatitis–Permanently defer

Known hepatitis A or E– defer for 12 months

47.

Spouse or partner or close contact of

individual suffering with hepatitis,

Defer for 12 months

48.

At risk for hepatitis by tattoos,

acupuncture or body piercing,

scarification and any other invasive

cosmetic procedure by self or spouse or

partner

Defer for 12 months

49.

Spouse or partner of individual receiving

transfusion of blood or components

Defer for 12 months

50.

Jaundice

Accept donor with history of jaundice that was attributed to

gallstones, Rh disease, mononucleosis or in neonatal

period.

51.

Chronic Liver disease or Liver Failure

Permanently defer

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

1921

HIV Infection or AIDS

52.

At risk for HIV infection

(transgender, men who have sex with

men, female sex workers, Injecting drug

users, persons with multiple sex partners)

Permanently defer

53.

Known HIV positive person or spouse or

partner of PLHA (person living with

HIV AIDS)

Permanently defer

54.

Persons having symptoms suggestive of

AIDS

Permanently defer person having lymphadenopathy,

prolonged and repeated fever, prolonged & repeated

diarrhoea irrespective of HIV risk or status

Sexually Transmitted Infections

Syphilis (Genital sore, or generalised

skin rashes)

Permanently defer

56.

Gonorrhoea

Permanently defer

Other Infectious Diseases

57.

History of measles, mumps, chickenpox

Defer for 2 weeks following full recovery

58.

Malaria

Defer for 3 months following full recovery.

59.

Typhoid

Defer for 12 Months following full recovery

60.

Dengue or Chikungunya

In case of history of dengue or chikungunya: Defer for 6

months following full recovery.

Following visit to dengue or chikungunya endemic area: 4

weeks following return from visit to dengue endemic area if

no febrile illness is noted.

61.

Zika Virus or West Nile Virus

In case of Zika infection: Defer for 4 months following

recovery.

In case of history of travel to West Nile Virus endemic area

or Zika virus outbreak zone: Defer for 4 months.

62.

Tuberculosis

Defer for 2 years following confirmation of cure

63.

Leishmaniasis

Permanently defer

64.

Leprosy

Permanently defer

Other Infections

65.

Conjunctivitis

Defer for the period of illness and continuation of local

medication.

66.

Osteomyelitis

Defer for 2 years following completion of treatment and

cure.

1922 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Kidney Disease

67.

Acute infection of kidney

(pyelonephritis)

Defer for 6 months after complete recovery and last dose of

medication

68.

Acute infection of bladder (cystitis) or

UTI

Defer for 2 weeks after complete recovery and last dose of

medication

69.

Chronic infection of kidney or kidney

disease or renal failure

Permanently defer

Digestive System

70.

Diarrhoea

Person having history of diarrhoea in preceding week

particularly if associated with fever: Defer for2 weeks after

complete recovery and last dose of medication

71.

GI endoscopy

Defer for 12 months

72.

Acid peptic disease

Accept person with acid reflux, mild gastro-oesophageal

reflux, mild hiatus hernia, gastro-oesophageal reflux

disorder (GERD), hiatus hernia.

Permanently defer person with stomach ulcer with

symptoms or with recurrent bleeding.

Other Diseases or Disorders

73.

Autoimmune disorders like Systemic

lupus erythematosis, scleroderma,

dermatomyositis, ankylosing spondylitis

or severe rheumatoid arthritis

Permanently defer

74.

Polycythaemia Vera

Permanently defer

75.

Bleeding disorders and unexplained

bleeding tendency

Permanently defer

76.

Malignancy

Permanently defer

77.

Severe allergic disorders

Permanently defer

78.

Haemoglobinopathies and red cell

enzyme deficiencies with known history

of haemolysis

Permanently defer

Vaccination and Inoculation

79.

Non-live vaccines and toxoid:

Typhoid, cholera, papillomavirus,

influenza, meningococcal, pertussis,

pneumococcal, polio injectable,

diphtheria, tetanus, plague

Defer for 14 days

80.

Live attenuated vaccines: Polio

oral,measles(rubella),mumps, yellow

fever, Japaneseencephalitis, influenza,

Defer for 28 days

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

1923

typhoid, cholera, hepatitis A

81.

Anti-tetanus serum, anti-venom serum,

anti-diphtheria serumand anti-gas

gangrene serum

Defer for 28 days

82.

Anti-rabies vaccination following animal

bite, hepatitis B immunoglobulin,

Defer for 1 year

Medications Taken by Prospective Blood Donor

83.

Oral contraceptive

84.

Analgesics

85.

Vitamins

86.

Mild sedative and tranquillisers

87.

Allopurinol

88.

Cholesterol lowering medication

89.

Salicylates (aspirin), other NSAIDs

Defer for 3 days if blood is to be used for platelet

preparation

90.

Ketoconazole, antihelminthicdrugs

including mebendazole,

Defer for 7 days after last dose if donor is well

91.

Antibiotics

Defer for 2 weeks after last dose if donor is well

92.

Ticlopidine, clopidogrel

Defer for 2 weeks after last dose

93.

Piroxicam, dipyridamole

Defer for 2 weeks after last dose

94.

Etretinate,acitretinor isotretinoin. (Used

for acne)

Defer for 1 month after the last dose

95.

Finasteride used to treat benign

prostatatic hyperplasia

Defer for 1 month after the last dose

96.

Radioactive contrast material

8 weeks deferral

97.

Dutasteride used to treat benign

prostatatic hyperplasia

Defer for 6 months after the last dose

98.

Any medication of unknown nature

Defer till details are available

99.

Oral anti-diabetic drugs

Accept if there is no alteration in dose within last 4 weeks.

100.

Insulin

Permanently defer

101.

Anti-arrhythmic, anti-convulsions,

anticoagulant, anti-thyroid drugs,

cytotoxic drugs, cardiac failure

drugs(digitalis)

Permanently defer

1924 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Other Conditions Requiring Permanent Deferral

102.

Recipients of organ, stem cell and tissue

transplants

Donors who have had an unexplained

delayed faint or delayed faint with injury

or two consecutive faints following a

blood donation.

Permanently defer

Counselling During Donation.—The Counselling during donations must be aimed

at.—

(1)

Ensuring that donors feel conformable during blood donation, including the

venepuncture,

(2)

Reducing donor anxiety and minimising the risk of any adverse donor

reactions such as fainting,

(3)

Giving post donation advice, including care of the venepuncture site,

(4)

Fostering donor trust and confidence for donor retention,

(5)

Thanking the donor for his valuable contribution.

10 Post-donation interaction.—The post-donation interaction includes.—

(1) Brief instructions on self-care:

(i)

Plenty of fluids,

(ii)

No heavy work,

(iii)

No smoking or driving immediately post donation,

(iv)

Remove bandage after 6 hours,

(v)

Contact details of blood bank in case of discomfort following donation,

(2)

Information about what to do in case of specific adverse donor reactions,

(3)

Message on healthy lifestyle and regular blood donation,

(4)

Donor feedback,

(5)

Reiteration for recalling of blood donor for abnormal test results.

Recall and Referral Mechanism for Sero-reactive Blood Donors

11. Information of test results.— (1)Donors who have consented to be contacted by

the blood bank in case of an abnormal test result should be recalled to the blood

bank so as to inform them about sero-reactive result of Transfusion Transmitted

Infection.

(2) Donors should be provided post-donation counselling prior to referring those

appropriate medical services for confirmation of diagnosis, follow up and

treatment whenever necessary.

(3) Adequate efforts must be made by the Blood Bank staff to contact the initial

sero-reactive blood donors for recall-referral and the process should be

documented on record.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

1925

(4) Result seeking blood donors, even if non sero-reactive, should also be

informed of their Transfusion Transmitted Infection status with reiterated

counselling to remain negative and continue to donate blood.

(5) State AIDS Control Societies shall make available updated list of Integrated

Counselling and Testing Centre along with contact details of counsellors to all

licensed blood banks.

12 Duties of a Blood Bank.—(1)It is not the primary duty of the Blood Bank or Blood

Transfusion Services to confirm the diagnosis of any of the Transfusion

Transmitted Infection screened for.

(2) All initial sero-reactive blood units shall continue to be discarded as per

standard operating protocol of blood bank and compliance to Biomedical

Waste Management Rules, 2016.

(3) Consent of the Blood Donor shall be obtained for performing the screening

tests and to be informed of the results thereof at the time of blood donation.

(4) Blood Bank shall repeat the test using the same technique using the pilot tube

or sample from blood bag prior to labelling the donor as initial sero-reactive

and recalling for referral.

(5) All initial sero-reactive donors shall be recalled, offered post donation

counselling and referred to appropriate facility for further counselling,

confirmation and management.

(6) Results shall not be informed over the telephone.

(7) A standard referral format for the same shall be used and Blood Bank shall

maintain all records of recall and referral.

(8) Signatures of the blood donor shall be obtained on the consent form attached

to the referral format so as to avoid litigation due to discordant results of

screening at blood banks and confirmatory tests of reference centre.

(9) In case, the initial sero-reactive donor does not return to blood bank despite

three consecutive weekly attempts, the list of HIV sero-reactive blood donors

should be shared with the linked Integrated Counselling and Testing Centre

under shared confidentiality under guidance from State AIDS Control Society.

13. Referral Mechanism of HIV Sero-reactive Blood Donors to Integrated

Counselling and Testing Centre.—

(1) Testing Strategy used in the Blood Banks for HIV is “Strategy I” and the test

done in the blood bank is considered to be a test of triage (A0).

(2) The blood unit is subjected to one test of high sensitivity for HIV reactivity. If

non reactive, the specimen shall be considered free of HIV (negative) and if

reactive, the blood unit is considered as HIV positive and discarded. This

1926 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

strategy is focused on ensuring recipient safety and is also used in the setting

of screening of organs, tissues, sperm and other donations.

One test required (A0)

A0+

A0-

Consider Positive

Consider Negative

Flow chart of Strategy I

(3) Prior consent shall be taken from the donor for both conduction of screening

tests and to be informed of result of testing at the time of the donation by the

blood bank along with complete contact details and telephone number.

(4) All blood donors found to be HIV sero-reactive at blood bank shall be referred

to Integrated Counselling and Testing Centres for counselling and

confirmation.

(5) Blood bank shall fill out the referral form as per standard format in annexure 2

and send it along with referred donor.

(6) Confidentiality shall be maintained at all levels.

14.

Algorithm for Blood Donors Referred to Integrated Counselling and Testing

Centre.—(1) Donor shall be offered HIV pre-test counselling at the Integrated

Counselling and Testing Centre and consent taken to perform the HIV test.

(2)

Integrated Counselling and Testing Centre shall perform first test. In case first

test positive, Integrated Counselling and Testing Centre shall perform remaining

two tests and give a positive result after three sequential reactive tests.

(3)

In case first test is negative, Integrated Counselling and Testing Centre shall

report the result as Human Immunodeficiency Virus inconclusive and recall the

donor for re-testing after two weeks.

(4)

All blood donors found to be positive for HIV shall be counselled to

permanently defer them from the donor pool, in addition to referral for Pre-ART

during post-test counselling.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

1927

(5)

In addition, the message for all People Living with AIDS to permanently defer

themselves or spouses or partners from donating blood shall be incorporated

into the information for all People Living with AIDS during post-test

counselling.

15.

Referral Mechanism of other Transfusion Transmitted Infection Sero-reactive

Blood Donors to Clinicians.—(1) The blood unit is subjected to one test of high

sensitivity for Hepatitis B Virus, Hepatitis C Virus, Malaria and syphilis reactivity. If

non-reactive, the specimen is to be considered free of infection (negative) and if

reactive, the blood unit is considered as positive and discarded. This strategy is

focused on ensuring recipient safety and is also used in the setting of screening of

organs, tissues, sperm and other donations.

(2)

Prior consent shall be taken from the donor for both conduction of screening

tests and to be informed of result of testing at the time of the donation by the

blood bank along with complete contact details and telephone number.

(3)

All blood donors found to be sero-reactive at blood bank for HBV, HCV,

Syphilis and Malaria shall be referred to clinicians in the Out Patient

Department of associated hospitals or others for assessment and re-testing.

(4)

Blood bank shall fill out the referral form as per standard format in Annexure 2

and send it along with referred donor.

(5)

Confidentiality shall be maintained at all levels.

16.

Algorithm for Blood Donors Referred to Clinicians.—(1) Donor shall be assessed

by the clinician with history taking and clinical examination.

(2)

Donor shall be referred to the laboratory for re-testing and confirmation of the

test results.

(3)

Donor shall be offered appropriate treatment by the assessing clinician or

referred to a higher centre for the same.

(4)

All blood donors found to be positive for HBV, HCV, Malaria and Syphilis

should be counselled to defer themselves and their spouses or partners from the

donor pool, in addition to appropriate management.

1932 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Annexure 2

REFERRAL SLIP FOR BLOOD DONORS

(To be filled by Blood Bank Staff)

Name and address of the Referring Blood Bank: -

Date of Referral ………………………………………….Blood Bank ID No. …………………………..

Name of Donor…………………………………………………………………………………………......

Age ……… Gender ……… Phone Number ………………….Contact details…………………………..

Name and designation of the referring person ……………………………………………………………..

Reason for referral

(to be ticked)

Date of testing

Assay used

(III gen or Any other)

Counselling& testing for HIV

Testing of HBs Ag

Testing of HCV

Testing of VDRL or RPR

Testing of Malaria

Address of referral centre (ICTC or Clinician)…………………………………………………………………..

(Blood Bank seal with contact details)

__________________________________________________________________________________________

(To be filled by ICTC or Laboratory and retained in record)

Name of Donor………………………………………Date of performing test………………………...

PID No. or OPD Regn. No. ……………………………………………………………………….........

Investigation done ………………………………………………………………………………………

Results …………………………………………………………………………………………………..

(Seal of ICTC or Laboratory with contact details)

-------------------x-------------------------------x----------------------x--------------------x-----------------------x-------------

(This part is to be filled by ICTC or Laboratory and returned to donor)

Name of the Donor or Department …………………………………………………………………….

Donor ID No. ……………………… PID No or OPD Regn. No. …………………………..

Date of Sample draw……………………………………...

Instructions:

Please come for retesting after 2 weeks on

1. Result to be collected on______________

2. Repeat test at ICTC on ______________

(Seal of ICTC or Laboratory with contact details).

(F.M. : _________________________)

Sd/-

Designation

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

1933

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New Delhi, the 14th August, 2020

S.O. 682 .—Whereas sub-section (1) of section 46 of the Human Immunodeficiency Virus and

Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (16 of 2017) provides that the

Central Government may make guidelines consistent with the said Act and any rules made there under,

generally to carry out the provisions of the said Act;

And whereas sub-section (2) of the said section, inter alia, empowers the Central Government to make

guidelines for the purposes of Opioid Substitution Therapy Under National AIDS Control Programme, Clinical

Practice Guidelines for Treatment with Buprenorphine;

Now, therefore, in exercise of the powers conferred by section 46 of the Human Immunodeficiency

Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (16 of 2017), the Central

Government hereby notifies the “Clinical Practice Guidelines for Treatment with Buprenorphine (Opioid

Substitution Therapy Under National AIDS Control Programme), 2018” as per the Schedule annexed to this

notification.

[F. No. T-11020/50/1999-NACO(P&C]

ALOK SAXENA, Jt. Secy.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

1935

Message

India has made significant achievements in containing Human Immunodeficiency Virus (HIV) infection.

India is one of the few countries across the globe that has been able to bring about reduction in the

incidence of HIV in the country. Additionally, HIV prevalence among certain high risk groups such as female

sex workers has also been reduced. This has been possible due to massive efforts from all the

stakeholders concerned, including the civil society, affected communities, technical experts, as well as the

various divisions working within the Department of AIDS Control (DAC).

While there is much to celebrate, certain high risk groups continue to show high prevalence of HIV.

Injecting Drug Users (IDUs) is one such group that has more than 5% HIV prevalence consistently across

various rounds of sentinel surveillance. Efforts have been made in the third phase of the National AIDS

Control Programme (NACP) to scale up HIV prevention services for Injecting Drug Users, mainly with

respect to Needle Syringe Programmes. There are more than 280 targeted interventions (TIs) working

exclusively for Injecting Drug Users, covering more than 80% of the Injecting Drug Users population in the

country. Opioid Substitution Therapy (OST) is another important element of HIV prevention among Injecting

Drug Users. The process of initiating Opioid Substitution Therapy within the HIV programme began during

National AIDS Control Programme III, and a number of quality assurance mechanisms were built in the

programme. Newer models of Opioid Substitution Therapy delivery were also tested and found to be

equally feasible. There are currently about 150 Opioid Substitution Therapy centres in the country catering

to about 15000 Injecting Drug Users.

Opioid Substitution Therapy remains an important intervention strategy in the National AIDS Control

Programme IV, and Department of AIDS Control is committed to scale up the Opioid Substitution Therapy

intervention, so that a greater number of Injecting Drug Users would benefit from this intervention

strategy. The revised clinical practice guidelines document is in tune with this commitment. I am

given to understand that the experience accumulated so far in Opioid Substitution Therapy

implementation under National AIDS Control Programme has been made use of to modify the

document. I am sure that this revised guideline from Department of AIDS Control would help the

service providers to provide optimum care and treatment for the Injecting Drug Users. I wish the

stakeholders all the best for their endeavours.

Secretary

Department of AIDS Control

1936 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Preface

The present document is a revision of the document “Substitution Therapy with Buprenorphine for

Opioid Injecting Drug Users – Practice Guidelines” that was developed by the National AIDS Control

Organisation in 2008 for guiding the implementation of National AIDS Control Organisation supported

Opioid Substitution Therapy (OST) programmes in India. The current revision of the document has

been made taking into consideration a number of developments. Opioid Substitution Therapy

programme in India has progressed to a great extent through National AIDS Control Programme

(NACP) since 2008. The National AIDS Control Organisation Opioid Substitution Therapy programme

was in its nascent stages in 2008, with handful of centres as well as limited capacities to implement

Opioid Substitution Therapy services. Today, the OST programme is functional in at least 150 centres,

and National AIDS Control Organisation Opioid Substitution Therapy has more than six years of

experience in supporting the training, monitoring and supervision of these centres. Apart from initial

trainings conducted, a number of other activities such as refresher trainings, quality assurance visits,

accreditation and supervisory visits by National AIDS Control Organisation officers have been

conducted. This has led to a deeper understanding of the problems faced by the service providers in

the day-to-day implementation of Opioid Substitution Therapy programme. The existing document was

found inadequate to guide the service providers, especially the clinical staff working in Opioid

Substitution Therapy centres, which form the backbone of the intervention implementation.

There have been a number of changes made in the document. A detailed background section is now

provided that provides a conceptual understanding of the need for Opioid Substitution Therapy for

injecting drug users (IDUs). The section on clinical practices has been expanded and the specific goal,

objectives and practices thereof for the particular stage of the Opioid Substitution Therapy

implementation has been added. Finally, the section on special clinical situation has been introduced

for the first time that deals in detail with day-to-day problems encountered by clinicians in Opioid

Substitution Therapy implementation. Special issues such as adolescence and pregnancy have been

dealt with in greater detail.

The primary audience for the document remains the medical and paramedical staff working in the

National AIDS Control Organisation-supported Opioid Substitution Therapy centres. However, the

writing style has been kept simple so that even other staff can benefit from the document. It is hoped

that the document helps in improving the quality of Opioid Substitution Therapy interventions in the

country. The authors are thankful to the reviewers for providing feedback on the document. Special

thanks also to National AIDS Control Organisation Targeted Intervention division for their

encouragement and feedback on the document. Finally, thanks are also due to the various Opioid

Substitution Therapy centre staff as well as the service recipients who have provided greater

understanding of the Opioid Substitution Therapy programme that has made this revision possible.

Ravindra Rao

Alok Agrawal

Atul Ambekar

1938 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Abbreviations

ANM

Auxiliary Nurse Midwifery

ART

Anti-Retroviral Treatment

CHC

Community Health Centre

DAC

Department of AIDS Control

DIC

Drop-in Centre

DOTS

Daily Observed Treatment Strategy

HIV

Human Immunodeficiency Virus

HRGs

High Risk Groups

ICTC

Integrated Counselling and Testing Centre

IDU

Injecting Drug Use

NACP

National AIDS Control Programme

NAS

Neonatal Abstinence Syndrome

NDPS

Narcotic Drugs and Psychotropic Substances

NGOs

Non-Governmental Organisations

NSP

Needle Syringe Programme

ODS

Opioid Dependence Syndrome

OST

Opioid Substitution Therapy

PHC

Primary Health Centre

SACS

State AIDS Control Society

STI

Sexually Transmitted Infection

Tuberculosis

Targeted Intervention

UNAIDS

Joint UN Programme on HIV or AIDS

UNODC

United Nations Office on Drugs and Crime

WHO

World Health Organisation

[भाग II— ण् ड3(ii)]

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1939

Introduction

It is estimated that there are 177000 Injecting

Drug Users in India. The distribution of Injecting

Drug Use (IDU) population is not uniform

throughout the country. As of 2014, there are

some states that have high number of Injecting

Drug Users (IDUs) including, Manipur, Nagaland,

Punjab, Mizoram and Delhi. Injecting Drug User is

an important factor in the transmission dynamics

of HIV epidemic in India. HIV in India is a

concentrated epidemic – concentrated in certain

geographical areas and among certain population

groups. These population groups, designated as

High Risk Groups (HRGs), have much higher

prevalence of HIV as compared to the general

population. As per the latest HIV sentinel

surveillance

report,

HIV

prevalence

among

Injecting Drug Users is 7.2% nationally, which is

one of the highest among any population group.

However, some states have much higher HIV rates

among Injecting Drug Users; for e.g. HIV

prevalence among Injecting Drug Users is 21% in

Punjab, 18% in Delhi and around 12% in Manipur

and Mizoram.

Thus, there is considerable variability among

Injecting Drug Users in terms of their numbers,

their choice of drugs for injecting, their socio-

demographic characteristics, and HIV prevalence

among the group.

A. NATIONAL STRATEGY FOR HIV PREVENTION AMONG

INJECTING DRUG USER POPULATION.—Globally, the

“harm reduction” strategy is employed to

manage HIV prevention among Injecting Drug

Users. Harm reduction strategy is based on the

premises that it is as important to focus on

addressing harms associated with drug use as it

is to help them give it up. The strategy offers an

effective alternative approach for continuous

engagement and HIV prevention among drug

users, especially those who are unable or

unwilling to give up drug use through other

abstinence-oriented approaches. Priority is accorded

to immediate, easily preventable harms of

COMPREHENSIVE PACKAGE OF INTERVENTIONS:

1. Needle Syringe Programmes.

2. Opioid Substitution Therapy.

3. Anti-retroviral Therapy.

4. Counselling and Testing for HIV.

5. Prevention and Treatment

for Sexually Transmitted

Infections (STIs).

6. Condom programme for

Injecting Drug Users and

their partners.

7. Targeted

Information,

Education and

Communication.

8. Prevention, Diagnosis

and Treatment of

Tuberculosis.

9. Prevention, Diagnosis

and Treatment of Viral

Hepatitis.

public health importance. HIV prevention becomes

an important focus of harm reduction. A number

of interventions have been found to be useful and

effective for HIV prevention among Injecting Drug

Users. World Health Organisation, Joint UN

Programme on HIV or AIDS and United Nations

Office on Drugs and Crime, together, have

proposed nine interventions for HIV prevention,

care and treatment of Injecting Drug Users which,

when implemented together, are called the

“comprehensive package of interventions” for HIV

prevention among Injecting Drug Users. The core

interventions among these include – Needle

Syringe Programme (NSP), Opioid Substitution

Therapy (OST), and Anti-Retroviral Treatment

(ART).

In India, the harm reduction strategy is endorsed

in the National AIDS Prevention and Control Policy

(NAPCP), 2002. Department of AIDS Control (DAC)

is the nodal agency responsible for HIV prevention,

care and treatment in India. Department of AIDS

Control follows a ‘targeted intervention (TI)’

1940 THE GAZETTE OF INDIA : JAUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

approach for HIV prevention among all High Risk

Groups, including Injecting Drug Users. The

targeted intervention approach entails providing

interventions specifically aimed at High Risk

Groups through outreach and peer-based delivery.

In the ‘outreach’ model, services are delivered at

places where the High Risk Groups are most likely

to be found, using their own peers as primary

agents of service delivery (peer-based service

delivery). The Targeted Intervention projects are

implemented by Non-Governmental Organisations

(NGOs) who are able to reach out to High Risk

Group much more efficiently as compared to the

traditional service delivery systems. For HIV

prevention among Injecting Drug Users, the

targeted intervention-based services include –

Needle Syringe Programme, condom distribution,

abscess prevention and management, general

medical care, Sexually Transmitted Infection

prevention and treatment, and behaviour change

communication. Additionally, testing for HIV,

Antiretroviral Therapy, Tuberculosis diagnosis and

treatment, as well as drug treatment services are

provided

through

referral

linkages

the

concerned service provider.

As in 2014, there are more than 280 core

Injecting Drug Users Targeted Interventions

throughout the country, reaching out to about

152000 Injecting Drug Users, which is more than

80% of the Injecting Drug User population in the

country. Thus, there is a saturation of the

coverage of Injecting Drug Users with HIV

prevention services in India. Programmatic data

also shows that there has been a significant

increase in commodity distribution, number of

needle or syringes distributed per Injecting Drug

User, referrals for HIV testing, etc.

B. OPIOID SUBSTITUTION THERAPY UNDER NATIONAL

AIDS CONTROL PROGRAMME.— Opioid Substitution

Therapy as a HIV prevention strategy among

Injecting Drug Users was formally integrated in

National AIDS Control Programme (NACP) in 2007,

during its third phase. Before formal integration,

Opioid Substitution Therapy for HIV prevention

among

Injecting

Drug

Users

was

being

implemented. in India by some Non-Governmental

Organisations. After a formal approval for Opioid

Substitution Therapy implementation, besides

putting in place mechanisms for financial support

the

Non-Governmental

Organisations

implementing Targeted Intervention projects, a

number of documents for standardisation and

quality assurance have been developed by

Department of AIDS Control, including practice

guidelines for buprenorphine, standard operating

procedures and quality assurance manual. The

Non-Governmental

Organisation

Opioid

Substitution Therapy centres were also accredited

through an independent accreditation agency,

following which they started receiving support

through Department of AIDS Control. In this Non-

Governmental

Organisations-based

model

Opioid

Substitution

Therapy,

the

Opioid

Substitution Therapy centres located within the

Drop-in-Centre (DIC) of an Injecting Drug User

Targeted Intervention are managed by the staff

implementing the Injecting Drug User Targeted

Intervention. A part-time doctor, a full-time nurse,

counsellor

Auxiliary

Nurse

Midwifery,

programme manager and outreach workers are

part of the team delivering Opioid Substitution

Therapy services.

To further expand the Opioid Substitution Therapy

programme, since 2010, Government hospitals

have also been roped in for providing Opioid

Substitution

Therapy

services

through

collaborative public health model. In this model,

the Opioid Substitution Therapy centre is located

within the government hospital and is manned by

a full-time staff comprising of a doctor, a nurse, a

counsellor and a data manager. The staff of the

Opioid Substitution Therapy centre works under

the direct supervision of a designated ‘nodal

officer’, who is a full-time employee of the

hospital. The Opioid Substitution Therapy centre is

linked with an Injecting Drug Users Targeted

Intervention located in the vicinity of the hospital

for initial referral of Injecting Drug Users clients to

the centre, as well as field-based follow-up and

advocacy. Currently, there are about 150 Opioid

Substitution Therapy centres in the country

supported by Department of AIDS Control,

operating through either the Non-Governmental

Organisation or the collaborative public health

model, catering to about 15000 Injecting Drug

Users. There is a plan to establish about 350

Opioid Substitution Therapy centres and increase

the Opioid Substitution Therapy coverage to

35000–40000

Injecting

Drug

Users

during

National AIDS Control Programme IV.

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1943

Understanding Injecting Drug Use and Injecting Drug Users

A. DEFINITION OF ‘INJECTING DRUG USER.— Different definitions have been used for identifying who is an

Injecting Drug User. Some researchers opine that a person who has injected even once in his or her

lifetime is an Injecting Drug User, while others define an Injecting Drug User as someone who has injected

atleast once in the past 12 months. In India, for programmatic purposes, Department of AIDS Control

defines an Injecting Drug User as a person ‘who has used any psychoactive substance through

injecting route for non-medical purpose at least once in the last three months.’This definition is based

upon the recommendation of experts working in the field of Injecting Drug User in India.

B. DRUGS INJECTED BY INJECTING DRUG USERS IN INDIA.—Though theoretically, as per the definition, an Injecting

Drug User may use any psychoactive substance through injecting route, research conducted thus far has

shown that in India,a vast majority of the Injecting Drug Users use opioids as their primary drug of

choice. These opioids include heroin (pure or the impure – ‘smack’ or ‘brown sugar’) as wel las

pharmaceutical opioids such as buprenorphine, pentazocine and dextro-propoxyphene. The opioids may be

injected either alone or in combination with other substances which include benzodiazepines such as

diazepam, or antihistamines such as chlorpheniramine1 or promethazine. The other substances are

combined with opioids to enhance the pleasure of opioids or due to some perceptions existing among

Injecting Drug Users regarding their positive effects.

OPIOIDS.—Opioids are a group of psychoactive substances that

are similar in action to that of opium poppy. Opium is a plant

product, extracted from the plant Papaver Somniferum.

Opioids act specifically on a set of receptors in humans, named

as opioid receptors. Some of the common opioids include:

(i)

Natural derivatives: Morphine, Codeine.

(ii)

Semi-synthetic: Buprenorphine, Heroin.

(iii)

Synthetic: Methadone, Dextropropoxyphene, Pentazocine.

The opioids used for injection in India are: Heroin (“No. 4”), “Smack” (impure heroin),

buprenorphine, dextropropoxyphene and pentazocine.

The choice of opioids for the purpose of injecting differs from one region to another. In the north-eastern

region, heroin and dextropropoxyphene are the most commonly used opioids; impure heroin, known as

“smack”, and buprenorphine are the most commonly used opioids in metropolitan cities such as Delhi,

Mumbai, Chennai and Kolkata. In states such as Karnataka, Andhra Pradesh, Chhattisgarh, etc.,

pentazocine is the most commonly injected opioid. In the states of Punjab and Haryana, buprenorphine is

the choice of opioid injectors. Thus, the opioids injected are either heroin or its impure variety, that is

manufactured and sold illegally only for the purpose of abuse, or pharmaceutical opioids (such as

buprenorphine, dextropropoxyphene and pentazocine) which are also manufactured and sold in

pharmacies or chemist shops due to their medicinal value.

C. SUBSTANCE USE DISORDERS.—It must be remembered that the mere presence of behaviour of ‘injecting

drug use’ does not qualify for a diagnosis of substance use disorder. The pattern of drug use of an

individual must be dysfunctional enough to warrant a medical diagnosis for which a treatment needs to be

advised. Under the International Classification of Diseases – 10th revision (ICD-10), given by the World

Health Organisation(WHO), two distinct diagnostic entities exist, as below:

(i)

Harmful use.—A pattern of substance use, in which a user experiences physical or psychological

harms by substance use, and despite such harms, continues to use the substance.

During harmful use, though the user is not dependent on the particular substance, he or she still

suffers from adverse consequences related to the use of the substance and continues the

substance even though he or she experiences these harms. The user may or may not be using the

substance on a daily basis.

1944 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

(ii)

Dependence.—This is a pattern of substance use in which the substance is used on a daily or

almost daily basis, and the substance use and associated behaviour takes precedence over other

behaviours or activities that were important to the individual. In this pattern of substance use, a

number of symptoms generally appear in the physical, psychological and social domains that form

the diagnostic criteria of dependence.

DEPENDENCE SYNDROME.— For making a diagnosis of dependence syndrome for a given

substance, the following criteria should be fulfilled for at least three months in a one-year

period:

a) Use of substance in high amounts over a long period of time.

b) Need to increase the quantity of substance to get the same pleasure (tolerance).

c) Appearance of specific physical and or psychological symptoms upon stopping or reducing

the amount or use of substance (withdrawal symptoms).

d) Intense desire to consume the substance (craving).

e) Continued use of the substance despite harm.

Significant socio-occupational dysfunction due to substance use.

g) Significant time spent in procuring or using or recovering from the substance in a day.

(Adapted from ICD-10 guidelines)

The withdrawal symptoms differ from one chemical class of substance to another. Thus, for example, a

typical withdrawal syndrome for any alcoholic beverage (whisky, vodka, gin, beer, wine, rum, etc.) would be

sleeplessness, anxiety, restlessness, tremors, palpitations, etc. On the other hand, stimulant withdrawals

may produce excessive sleep, lethargy, irritability, sadness, etc. A typical feature of withdrawal syndromes

is that they tend to immediately subside once the individual re-starts using the same (or similar)

substance. Thus, an alcohol dependent person experiencing withdrawal would start feeling better after

drinking and an opioid dependent person would feel relieved after taking the next dose of opioids.

In case of use of more than one substance simultaneously, it is not necessary for the user to be

dependent on all the substances; he or she may be dependent on one substance, while he or she may

have harmful use of another substance. For e.g., an individual using opioids as well as alcohol may be

dependent on opioids, while he may be using alcohol in a ‘harmful use’ pattern.

Usually, an individual progresses from the stage of use and harmful use before going on to develop

dependence on the substance in question. As stated earlier, the stages of ‘harmful use’ and ‘dependence’

are clearly morbid and are diagnostic entities. The time taken to progress from one stage to another is

different for different persons and substances consumed. For example, an opioid user usually progresses

rapidly within weeks from first use to dependence.

D. OPIOID DEPENDENCE SYNDROME.—Opioid dependence syndrome (ODS) is a pattern of opioid drug use in

which an individual uses opioids on a daily or almost daily basis and fulfils the criteria for dependence on

opioid drugs. Some features of opioid dependence syndrome are as follows:

(i)

Acute withdrawals.—Opioids as a group produce typical physical withdrawal syndrome on a

short termbasis, upon reducing or stopping or even delaying the intake of the usual amount of

opioid drugs. These withdrawal symptoms include lacrimation (tears from the eyes),

rhinorrhoea (running nose), yawning,diarrhoea, muscle cramps, sweating, muscle aches and

pains, etc. Along with these symptoms, othersymptoms include anxiety, restlessness, insomnia

[भाग II— ण् ड3(ii)]

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1945

(not able to sleep), irritability, as well as an intense urge (craving) to consume opioids. These

‘acute’ withdrawal symptoms are usually self-limiting in nature, i.e., they usually rise up to a

peak level and subsequently subside on their own even without any intervention or help.

However, these acute withdrawal symptoms are very distressing and disabling for the client,

and often a cause for the client to restart or continue his or her opioid use. In most of the

cases, once opioid use has stopped, the acute withdrawal symptoms would last for about two

to three weeks before subsiding, provided the user has not resumed using opioid drugs.

(ii)

Protracted withdrawals.—In most clients, even after the acute withdrawals have been

resolved, some symptoms may persist for a longer period of time, i.e. up to four to six months.

These include: mild aches and pains, loss of interest in pleasurable activities, pre-mature

ejaculation, sleep disturbances, and craving. These symptoms are also some reasons for

relapse in a number of opioid users.

(iii)

Relapsing nature of illness.—As is true of other substance use disorders, especially

dependence syndromes, Opioid Dependence Syndromeis also characterized by repeated

relapses and remissions. An individual may restart using opioids after a period of abstinence.

Such relapses and remissions are a feature of Opioid Dependence Syndrome especially among

those who have used them for prolonged periods (years).

(iv)

High risk behaviours.—Opioid use may be associated with various behaviours associated with

high risk of transmission of blood-borne viruses such as HIV. As discussed above, opioids can

be used through an injecting route, and a number of Injecting Drug Users resort to sharing of

needles or syringes or other injecting equipment. Injecting is a very efficient means of

transmission of blood borne viruses, including HIV, hepatitis B and C, as a result of which HIV

prevalence among Injecting Drug Users is very high. Additionally, individual users may also have

high risk sex behaviours resulting in transmission of HIV through the sexual route to their

female partners and the sex workers.

(v)

Multiple harms.—An opioid dependent user may incur harms in multiple domains of life. There

may be family complications in terms of broken families, family fights, domestic violence, etc.;

legal complications may include involvement in illegal activities like stealing, drug peddling,

petty thefts, and incarceration, etc.; social complications may include loss of reputation or

social status, being a social outcast, ridicule from society, sometimes even inhuman treatment

or physical torture.

E. INJECTING DRUG USERS – RISK AND VULNERABILITY.—

(i)

Injecting-related risky behaviours.— Injecting Drug Users are vulnerable to sharing of needles,

syringes and other injecting paraphernalia. The sharing related behaviour may be due to a

number of factors, such as non-availability of needles or syringes, non-affordability of needles

or syringes or due to prevalent practices in group or peer norms, etc. Apart from sharing, there

may be reuse of needles or syringes. These behaviours lead to a number of complications

including abscesses, blocked veins, and transmission of blood-borne viruses such as hepatitis

C, B and HIV.

(ii) Sex-related risky behaviours.—Injecting Drug Users also engage in high risk sex behaviours

including sex with female sex workers, sex without condoms, and sex with multiple partners.

They may also sell sex in exchange for drugs or money. These behaviours put Injecting Drug

Users at risk for acquiring and transmitting HIV as well as other sexually transmitted infections

to not just other injecting drug users but also to the general population.

(iii) Drug-related vulnerabilities.—As mentioned above, almost all Injecting Drug Users in India use

opioids as the primary drugs for injecting; studies also show that almost all IDUs are opioid

dependent.. In dependence syndrome, the use of drugs and injecting does not remain a matter

of choice for the user; drug use becomes a compulsion – in the absence of drug use, the user

suffers from withdrawal symptoms that compel him or her to continue or restart the use of

drugs. As a result, the Injecting Drug Users suffer from harms resulting from opioid dependence

in addition to the above-mentioned injecting and sex-related risks. An additional vulnerability of

concern among Injecting Drug Users is of ‘overdose’. If a person takes a heavier dose of drugs

than he is accustomed to, this may result in serious intoxication and overdose, which is a

potentially fatal, medical emergency.

1946 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Opioid Substitution Therapy– Basic Concepts and Principles

Various terminologies have been used to describe the clinical practice of maintaining opioid dependent

drug users on opioid medicines over a long period of time. These include–oral substitution treatment,

opioid substitution treatment, oral substitution–buprenorphine, medication assisted treatment,

buprenorphine maintenance treatment, methadone maintenance treatment, etc. All these terminologies

describe the same practice. Under the National AIDS Control Programme, the term ‘Opioid Substitution

Therapy’ (OST) is currently in use.

Opioid Substitution Therapy is a process in which opioid-dependent injecting drug users are provided with

long acting opioid agonist medications for a long period of time under medical supervision along with

psychosocial interventions. Short-term treatment of opioid dependence lasting for a couple of weeks called

‘detoxification’ which involves management of acute withdrawals alone, is associated with very high rates

of relapse. Long-term treatment is hence necessary for opioid dependence. Opioid Substitution Therapy is

one such long-term treatment option.

The lives of Injecting Drug Users revolve around illicit opioid use. Most of their day is spent in procuring the

drugs, using them or recovering from the effects of the drugs. Withdrawals and craving associated with

opioid use compel them to consume opioids repeatedly. As the opioid drugs usually have short-term

effects, the drug using population needs to inject them multiple times throughout the day. As a result, they

are not able to concentrate on other aspects of their life, including their work, family and social roles or

responsibilities. They are also forced to indulge in illicit activities to finance their drug use. Opioid

Substitution Therapy addresses a number of such issues faced by the Injecting Drug User clients:

1. The opioid medicines used for Opioid Substitution Therapy relieve drug-related withdrawals and

craving and do not lead (when used in appropriate doses) to acute intoxication(which is seen with

use of illicit opioids). Thus, the client is maintained in a state which produces neither intoxication

nor withdrawals, nor craving. Due to this, the client does not need to use opioids to produce relief

of withdrawals or craving.

2. As compared to the illicit opioids that act quickly and for a short period of time, opioid medicines

used for Opioid Substitution Therapy act slowly and for a long period of time (for at least 24

hours). As a result, the client does not have to spend time on procuring or using opioids frequently

in a given day and can focus on other important activities like occupational and family

responsibilities.

3. The illicit opioids used by the clients are taken by routes that are potentially harmful. Many

harmful effects faced by Injecting Drug Users are due to the injecting route of administration. On

the other hand, opioid medicines used for Opioid Substitution Therapy are administrated orally or

sublingually, which is a much safer route. This saves the client from incurring harmful effects of

opioid use.

4. As the Injecting Drug Users procure the opioids mostly through illegal channels, they are often not

aware of the purity of the opioid product they inject. This is especially true for heroin and its

impure form, “smack”. The purity of street heroin varies across different time periods as well as

across the drug suppliers. This may result in life-threatening overdose situations if the heroin is

purer than usual. On the other hand, the potency and purity of opioid medicines used for Opioid

Substitution Therapy is known; this helps in averting overdose situations.

5. As the street opioid drugs are costly, Injecting Drug Users often resort to illegal activities to finance

their drug use. However, as the opioid medicines used for Opioid Substitution Therapy are

available in government supported centres or hospitals free of cost, the client does not have to

resort to illegal means. This helps in reducing legal complications faced by the clients and also

reduces instances of petty crimes like thefts, etc. in the society.

6. During the illicit drug use phase, Injecting Drug Users are often branded as anti-social or criminal

by the families and the society. When on Opioid Substitution Therapy, such Injecting Drug Users

are seen as sufferers and ‘patients’. This renewed status helps the clients to seek help for other

problems as well and makes them amenable for other help that can be provided.

BENEFITS OF OPIOID SUBSTITUTION THERAPY.—The benefits accrued from Opioid Substitution Therapy range

from HIV prevention to treatment of opioid dependence, and from individual level to family and society

[भाग II— ण् ड3(ii)]

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1947

level. The benefits of Opioid Substitution Therapy go beyond HIV prevention alone. A large body of literature

is available globally that has documented the benefits and outcomes of Opioid Substitution Therapy.

Substantial research has also been conducted in India on the use of Opioid Substitution Therapy in Indian

settings. Evidence globally as well as locally shows that Opioid Substitution Therapy leads to improved

retention and benefits detailed in the preceding section.

Opioid Substitution Therapy has been endorsed and recommended as the most effective and first-line

treatment option for long-term pharmacotherapy of opioid dependence.

BENEFITS OF OPIOID SUBSTITUTION THERAPY.—

1. Reduction in injecting behaviour.

2. Improved adherence for other treatment, especially treatment for HIV, tuberculosis and viral

hepatitis.

3. Reduction in opioid use.

4. Reduced overdose related deaths.

5. Reduction in criminality.

6. Reduction in domestic violence.

7. Improved child care and family ties.

8. Improved productivity.

OPIOID SUBSTITUTION THERAPY-RELATED OUTCOMES – GLOBAL EVIDENCE.—

(i)

A Cochrane review conducted by Mattick et al., 2009, concluded that Opioid Substitution

Therapy using methadone was more effective (in a statistically significant manner) as

compared to non-pharmacological treatment in retaining patients undergoing treatment

and in suppression of heroin use.

(ii)

A Cochrane review conducted by Mattick et al., 2008, concluded that buprenorphine is an

effective maintenance agent for heroin dependence, but not more effective than

methadone.

(iii)

Large prospective cohort studies conducted over 18 months found that the odds of HIV

infection were 5.4 times greater among those who were not in maintenance treatment

compared with those who were in treatment (Metzger et al., 1993).

(iv)

A report by World Health Organisation, 2005, reviewed many studies conducted in different

parts of the world and concluded that substitution treatment is a critical component of HIV

prevention, and helps in reducing opioid dependency and HIV infection rates.

(v)

A systematic review and cost effectiveness by Connock in 2007 reported the following:

(a)

All doses of methadone or buprenorphine were more effective in retention as

compared to placebo or no therapy.

(b)

Opioid Substitution Therapy using methadone or buprenorphine in higher dose was

more effective in reducing illicit opioid use.

(c)

A meta-analysis of observational studies spanning publications of 21 years showed

that patients on Opioid Substitution Therapy using methadone were four times less

likely to die than those not in treatment.

(d)

Opioid Substitution Therapy using methadone significantly improved HIV-related

outcomes (HIV risk behaviours, number of sex partners, frequency of unprotected

sex, and rates of serocon version).

(vi)

A joint position statement of World Health Organisation, United Nations Office on Drugs

and Crime and Joint UN Programme on HIV or AIDS, 2004 described the cost effectiveness

of Opioid Substitution Therapy as: “According to several conservative estimates, every

dollar invested in opioid dependence treatment programmes may yield a return of between

$4 and $7 in reduced drug-related crime, criminal justice costs and theft alone. When

savings related to healthcare are included, total savings can exceed costs by a ratio of

12:1”.

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[PART II—SEC. 3(ii)]

OPIOID SUBSTITUTION THERAPY-RELATED OUTCOMES – INDIAN EVIDENCE.— As buprenorphine has

been in use most commonly in India, much of the evidence in India exists for buprenorphine; some

evidence exists for slow release oral morphine, and recently, for methadone.

(i)

Dorabjee and Samson, 1998, describing their experience of implementing buprenorphine-

based Opioid Substitution Therapy in a community setting in New Delhi reported that 33%

of 447 Injecting Drug Users on buprenorphine stopped injecting, and 35% of those

injecting had reduced their frequency of injecting and sharing while on treatment.

(ii)

Kumar MS, 2009 reported that Opioid Substitution Therapy intervention implemented in

Manipur and Nagaland covered 1200 Injecting Drug Users and was found to be acceptable

to the clients, their families, the general community, religious leaders as well as militant

groups.

(iii)

A study by Armstrong et al., 2010, conducted on Opioid Substitution Therapy clients in

Manipur and Nagaland showed that the retention rates on Opioid Substitution Therapy was

about 73% at 3 months and 63% at 6 months. Statistically significant improvements were

observed in relation to sharing of needles, unsafe sex, detention incidents, and quality of

life measures.

(iv)

A multi-site study by Dhawan et al., 2010 showed that retention rates on Opioid

Substitution Therapy were about 70% at the end of 9 months. The study showed significant

decrease in opioid use, high risk behaviours, addiction severity and improvement in quality

of life.

(v)

A study conducted across 42 centres by Rao et al., 2012, showed that Opioid Substitution

Therapy was being implemented in accordance with the Department of AIDS Control

prescribed guidelines; a majority of the clients reported satisfaction with their treatment.

(vi)

Studies on slow-release oral morphine conducted in New Delhi have shown that slow-

release oral morphine was associated with decrease in illicit opioid use, improved

functioning and reduction in illegal activities (Rao et al., 2005, 2012).

(vii)

A research on methadone implementation across five centres in India showed that it is

feasible to implement methadone for Injecting Drug Users in India, and is associated with

improved functioning and reduced opioid use (Dhawan et al., 2013).

KEY CHARACTERISTICS OF OPIOID SUBSTITUTION THERAPY

The practice of Opioid Substitution Therapy is based on a number of principles:

Opioid Substitution Therapy is primarily a medical intervention. The medical staff (doctor and nurse) plays a

lead role in Opioid Substitution Therapy intervention. The doctor conducts the assessment and diagnosis,

plans and initiates treatment, monitors the progress and side effects, manages co-morbidities and

terminates treatment. The nursing personnel dispense the medications, and supervise the administration

of Opioid Substitution Therapy medicines. Thus, the Opioid Substitution Therapy intervention is essentially

a medical intervention led by the medical team and supported by the psychosocial team.

Adequate dose of medicines is one of the most crucial determinants of a good outcome. The dose of

medicines used for Opioid Substitution Therapy needs to be adequate and optimum. In general, the

studies have found that the higher the dose, the better the retention in treatment and ultimate outcome.

Long duration of retention in continuous treatment is essential for a good outcome. Opioid Substitution

Therapy, as a medical treatment, is expected to last for a long duration, ranging from months to years. The

Opioid Substitution Therapy medicines help the clients to stabilise their chaotic lifestyles associated with

drug use and assists them to improve other areas of functioning, such as familial, social and occupational.

As the clients settle down in their functioning and are ready, the treatment can be tapered in consultation

with the clients and their family members. In many instances, the treatment needs to be continued over

years to maintain the benefits accrued by the clients. Thus, there is no fixed formula for determining the

optimum duration of treatment of Opioid Substitution Therapy; the key factor in determining the duration is

‘attainment of treatment goals’ viz., achieving a substance-free lifestyle, optimum psychosocial functioning

and reintegration into the society.

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Combining psychosocial interventions along with dispensing of medicines forms the complete treatment

package .Opioid Substitution Therapy works best if psychosocial interventions are combined along with

Opioid Substitution Therapy medicines. Psychosocial interventions help in improving retention, and

minimise drop-out, assisting the clients in regaining family and social ties and in gainful employment.

Involving the clients at all the treatment stages is crucial for success. Opioid Substitution Therapy works

best if clients are involved in the decision-making process of Opioid Substitution Therapy intervention.

Thus, the clients need to be involved in setting treatment goals, deciding the dose of treatment, the

duration of treatment and the endpoint of treatment. These decisions, if taken along with client, help in

improving client retention and outcome on Opioid Substitution Therapy.

OPIOID SUBSTITUTION THERAPY MEDICINES.—

The medicines used in Opioid Substitution Therapy should have certain properties that help the clients

obtain the benefits discussed above. The Opioid Substitution Therapy medicine should:

Have action similar to the illicit opioid used by the clients. This is essential to effectively suppress the

craving and withdrawals associated with cessation of opioid use. This means that an Opioid Substitution

Therapy medicine should also be an agonist on the opioid receptors.

Have lesser addiction potential as compared to the illicit opioid being consumed by the client. Any Opioid

Substitution Therapy medicine will have some liability to result in addiction, as it is an opioid. However, its

street value should be much less than the illicit opioids, i.e. users should not prefer the Opioid Substitution

Therapy medicine over illicit opioids for their addiction or intoxication.

Be easy to administer i.e. the medicine should be effective on oral or sublingual administration.

Have action lasting for at least 24 hours, so that the frequency of administration should be once a day at

the maximum.

Be well tolerated. The side effects should be minimal so that the clients find it acceptable to continue

Opioid Substitution Therapy medicines for a long period of time.

Be cheaper, easily available, easily stored and transported, so as to provide for a large number of clients

with minimal financial or logistic constraints.

In India, methadone, buprenorphine and slow release oral morphine have been used as Opioid

Substitution Therapy medicine. However, the use of buprenorphine exceeds that of the other two; Opioid

Substitution Therapy programme under National AIDS Control Programme currently uses buprenorphine as

the Opioid Substitution Therapy medicine, and hence buprenorphine has been discussed in detail in

subsequent sections. Methadone based Opioid Substitution Therapy is also being implemented as a pilot

at five sites in India.

PHARMACEUTICAL COMPOUNDS COMMONLY USED AS OPIOID SUBSTITUTION THERAPY

MEDICINES

(i)

Methadone.—Methadone was the first and currently, the most common opioid used as an

Opioid Substitution Therapy medicine globally. Methadone is a pure opioid agonist, available

for oral use either as a liquid or as a tablet.

(ii)

Buprenorphine.—Buprenorphine is a partial opioid agonist available for use as a sublingual

tablet.

It is the second most commonly used Opioid Substitution Therapy medicine worldwide.

(iii)

Slow Release Oral Morphine.—Morphine is a pure opioid agonist and commonly used in

cancer patients for alleviation of pain. The slow release formulation is available as a tablet.

STATUS OF OPIOID SUBSTITUTION THERAPY IN INDIA.— Opioid Substitution Therapy is currently available in 77

countries; of these, most countries use methadone as the Opioid Substitution Therapy medicine, followed

by buprenorphine. In India, Opioid Substitution Therapy has been available since the early nineties, when

buprenorphine started being used in some Government hospitals as well as in some NGO settings. While

the Opioid Substitution Therapy was available uninterruptedly in a few Government hospitals for both

Injecting Drug User as well as non-Injecting Drug User opioid dependent users, the availability in Non-

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[PART II—SEC. 3(ii)]

Governmental Organisations was dependent upon funding from donor partners and restricted to only

Injecting Drug User population (as a HIV prevention tool). The NGO Opioid Substitution Therapy centres

were subsequently supported under National AIDS Control Programme, while the Government centres

continued to provide Opioid Substitution Therapy for opioid dependent individuals through funding from

the Ministry of Health and Family Welfare. Additionally, there are anecdotal reports of Opioid Substitution

Therapy being provided through private drug treatment centres.

The large scale expansion of the Opioid Substitution Therapy programme began with the transition of

existing Opioid Substitution Therapy interventions for HIV prevention by National AIDS Control Programme

in 2008, after its formal incorporation in 2007. Initially, the existing NGO Opioid Substitution Therapy

centres were evaluated and accredited, and those which were found eligible were provided support by

Department of AIDS Control. A total of 55 such centres were provided continued support for Opioid

Substitution Therapy implementation among Injecting Drug Users. To further expand the Opioid

Substitution Therapy programme, existing government hospitals at district and sub-district levels were

roped in, and Opioid Substitution Therapy was initiated through the collaborative public healthcare model.

Thus, currently there are two models of Opioid Substitution Therapy being implemented under National

AIDS Control Programme.

NGO OPIOID SUBSTITUTION THERAPY CENTRES.—

(a) Part of Injecting Drug User Targeted Intervention set-up. Staff largely shared with the

Injecting Drug User Targeted Intervention.

(b) Opioid Substitution Therapy centre located within the Drop-in Centre of the Injecting Drug

User Targeted Intervention.

(d) Outreach and follow-up by the outreach staff of the Injecting Drug User Targeted Intervention

COLLABORATIVE PUBLIC HEALTH OPIOID SUBSTITUTION THERAPY CENTRES.—

(a) Opioid Substitution Therapy intervention jointly between the Government hospital and nearby

Injecting Drug User Targeted Intervention.

(b) Opioid Substitution Therapy centre located in Government hospital (Medical College or District

Hospital or Community Health Centre or Primary Health Centre).

intervention.

(d) Outreach and follow-up by the Injecting Drug User Targeted Intervention.

Buprenorphine–Basics of Pharmacology

As described above, the opioid family consists of a number of substances that act like opium (hence called

opioids as they are similar in action to opium). The opioids have an effect mainly through their actions on

the opioid receptors situated in the brain and other organ systems. There are three types of opioid

receptors in the human body: mu, kappa and delta; out of these, the main action is produced by action on

mu receptors. The opioids are classified as agonists, partial agonists and antagonists based on the nature

of action produced on opioid receptors.

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Buprenorphine is a semi-synthetic opioid derived from the baine, an alkaloid of opium. As an analgesic,

buprenorphine is 25—50 times more potent than morphine. Used intravenously, 0.3 mg of buprenorphine

is equivalent to 10 mg of morphine.

CLASSIFICATION BASED ON THE ACTIONS ON OPIOID RECEPTORS.—

(a) Agonists: Opioid agonists bind to and activate the mu receptors, thereby exerting 100%

action-producing opioid-like effects. Examples of agonists include: morphine, codeine,

dextropropoxyphene, heroin and methadone.

(b) Partial agonists: Partial agonists exert less than 100% action on the mu receptors producing

gopioid-like effects, but less than opioid agonists. Example of partial agonist includes

buprenorphine.

However, once they are bound to the receptors, they do not allow the opioid agonists to occupy

and act on the receptors, thus blocking the opioid actions. Additionally, if the opioid agonists are

already present at the receptors, they displace the agonists, thereby producing opioid withdrawal

syndrome. Examples of antagonists include Naloxone and Naltrexone.

PHARMACOLOGY.—The pharmacological properties of buprenorphine

and its clinical implications are described below.

(i) Buprenorphine is a partial agonist of mu receptors and an

antagonist of kappa receptors. With lower doses, the action of

a partial agonist is similar to that of a full agonist. As the dose

increases, the effects of both the partial agonist and the full

agonist are increased. However, beyond a certain dose-point,

further increase in buprenorphine dose does not increase the

opioid effect. This is called as ‘ceiling effect’. The figure below

illustrates the point.

Fig: Ceiling effect of Buprenorphine

Clinical implication.—The chances of overdose-related respiratory depression and consequently

death are minimal with higher doses of buprenorphine. This is unlike pure agonists, where higher

doses can result in overdose-related deaths due to respiratory depression.

(ii)

Buprenorphine has a high affinity for opioid mu receptors.— Buprenorphine binds to the opioid

receptor much more tightly than other full agonists such as morphine, heroin or methadone. Thus,

buprenorphine displaces morphine and other full agonists if it is administered to individuals whose

opioid receptors are occupied by the full agonists. Conversely, if the opioid receptors are already

occupied by buprenorphine, it is difficult for full agonists to displace buprenorphine.

Clinical implication.—Buprenorphine can displace illicit opioids from the opioid receptors;

however, as buprenorphine is a partial agonist, while illicit opioids such as heroin are full agonists,

there is a net decrease in the opioid actions. This results in ‘precipitated’ withdrawals in the

individual, if a sufficient gap between the last dose of illicit opioids consumed by the patient and

the first dose of buprenorphine is not maintained. Conversely, once buprenorphine occupies the

receptors, it is difficult for full agonists such as heroin to displace buprenorphine from the

receptors, and produce their own actions. Thus, buprenorphine creates an opioid blocking effect.

However, this blocking effect is dose-dependent – higher dose of buprenorphine blocks opioid

receptors more effectively than lower doses of buprenorphine.

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(iii)

Buprenorphine dissociates from opioid receptors slowly as compared to other opioids. Thus,

buprenorphine is a long-acting opioid with terminal elimination half-life of 24 to 37 hours. Peak

clinical effect occurs one to four hours after sublingual administration. The duration of the effect

depends on the dose administered: a low dose of 2 mg of buprenorphine produces clinical effect

for up to 12 hours while higher doses of 16 mg can produce effects lasting up to 48 hours.

Clinical implication.—At the right doses, buprenorphine can be administered at a frequency of

less than once per day. It is possible for buprenorphine to be administered every alternate day and

in some cases, once in three days too.

(iv)

Buprenorphine undergoes extensive metabolism in the liver, and is converted into nor-

buprenorphine and other products through the cytochrome P450 3A4 Enzyme. The metabolites do

not have a major effect on the brain due to their poor penetration. Most of the metabolites are

excreted through faeces, and some through urine.

Clinical implication.—Due to high first-pass metabolism, buprenorphine has poor oral

bioavailability, less than 10% compared to that when given intravenously. Hence, buprenorphine is

not clinically effective when given orally. Buprenorphine should be administered sublingually to

bypass the high first-pass metabolism. The bioavailability by the sublingual route is about 50 to

60%.

As buprenorphine is metabolised through the liver, care should be taken in those individuals who

have deranged liver functioning. This is true in cases of alcohol or viral hepatitis-induced hepatic

insufficiency. The metabolism of buprenorphine becomes erratic in such cases, and dose titrations

may be required.

As buprenorphine is poorly absorbed orally, its effect would be milder if it is accidently ingested.

The ceiling effect adds to its safety in accidental ingestion.

SIDE EFFECTS AND SAFETY PROFILE.—Buprenorphine is generally well-tolerated by drug-using individuals.

Serious side effects are rare. Common side effects are generally related to the therapeutic dose (please

see the accompanying box). Due to partial agonist and ‘ceiling effect’ property, buprenorphine does not

result in respiratory depression even if it is administered at higher than therapeutic doses. In this regard,

buprenorphine scores over other opioid agonists used in substitution therapy such as methadone and oral

morphine. However, respiratory depression can occur even at low doses, if buprenorphine is combined with

other brain depressants such as alcohol or sedatives.

COMMON SIDE EFFECTS.—

(a)

Constipation (can be due to higher dose).

(b)

Sedation (can be due to higher dose).

(c)

Sleep disturbances.

(d)

Body aches or pains (features of withdrawals; can be due to lower dose).

(e)

Nausea or vomiting.

(f)

Itching (in few cases and in the initial days).

(g)

Dizziness.

(h)

Headache.

(i)

Sweating.

Buprenorphine has no major effect on hepatic functioning. Buprenorphine does not have any major effect

on psychomotor functioning as compared to opioid agonists. Thus, individuals can continue to engage in

potentially hazardous work such as driving or operating machinery. Precautions need to be taken mainly

during the initial few days during dose induction or during increase in doses.

DRUG INTERACTIONS.—Drug interactions with buprenorphine can occur due to the action of buprenorphine

on opioid receptors or due to the metabolism of buprenorphine.

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(i)

Sedatives.—The brain depressant effect of buprenorphine is additive to concomitant use of

sedatives. These sedatives include–benzodiazepines, barbiturates and alcohol. While

buprenorphine by itself does not cause respiratory depression, respiratory depression can occur

even with lower doses of buprenorphine if high doses of sedatives and alcohol are concomitantly

used with buprenorphine. This is particularly a concern among those drug users who have

decreased respiratory reserves due to co-morbid conditions such as chronic obstructive

pulmonary disease (COPD), pneumonia, etc.

(ii)

Opioid agonists.—Buprenorphine prevents other opioid agonists from exerting their effect due to

strong affinity to opioid receptors; conversely, buprenorphine displaces opioid agonists resulting in

precipitated withdrawals, as described above.

(iii)

Hepatic enzyme inducers or inhibitors.—As mentioned above, buprenorphine is metabolised in

the liver through the cytochrome p450 3A4 enzymes. As a result, medications that induce

cytochrome p450 3A4 enzymes can lower the blood levels of buprenorphine, thereby requiring an

increase in the dose of buprenorphine. Conversely, medications that inhibit cytochrome p450 3A4

enzymes can increase the blood levels of buprenorphine, thereby requiring a decrease in the dose

of buprenorphine. In both scenarios, clinicians need to monitor for the emergence of opioid

withdrawal or intoxicating symptoms and decide on dose titration accordingly.

COMMON MEDICATIONS INDUCING CYTOCHROME P450 3A4 ENZYMES.—

(Buprenorphine dose may have to be increased)

(a) Anti-epileptics.—Carbamazepine,Phenobarbital, Phenytoin

(b) Anti-tubercular drugs.—Rifampicin

(c)

Anti-retrovirals.—Efavirenz, Nevirapine

COMMON MEDICATIONS THAT INHIBIT CYTOCHROME P450 3A4 ENZYMES:

(Buprenorphine dose may have to be decreased)Anti-fungals:Flucanazole, ketoconazole.

(a) Antibiotics: Erythromycin.

(b) Anti-depressants: Fluoxetine Fluvoxamine,Paroxetine.

CONTRAINDICATIONS.—The only absolute contraindication for buprenorphine is known hypersensitivity to

buprenorphine.

PRECAUTIONS.—In some conditions, the clinician has to assess the primary conditions and use

buprenorphine cautiously depending upon the status of the primary condition. Some of these conditions

include:

(i)

Respiratory conditions: Asthma, chronic obstructive pulmonary disease, kyphoscoliosis, etc..

(ii)

Hepatic conditions: Alcoholic liver diseases, viral hepatitis B and C.

(iii)

Abdominal conditions: Irritable bowel syndrome and other colonic conditions.

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[PART II—SEC. 3(ii)]

(iv)

Urological conditions: Conditions causing urinary retention.

(v)

Pheochromocytoma.

(vi)

Hypothyroidism.

However, it should be noted that mere presence of the conditions mentioned above should not

preclude use of buprenorphine in an opioid dependent individual.

ABUSE LIABILITY.—As buprenorphine is an opioid mu receptor agonist (though partial agonist), it is liable to

be abused. In individuals who are not dependent on opioids, buprenorphine use through sublingual route

produces euphoria and other opioid-like effects, thus increasing the likelihood that buprenorphine tablets

can also be abused. Among drug users, buprenorphine is often the preferred opioid used for injecting in

India. As sublingual buprenorphine is easily dissolvable in water, it can be diverted for injection purposes.

Thus, one should exercise caution in dispensing of buprenorphine to opioid dependent individuals, and

hence in the National AIDS Control Programme, buprenorphine is almost always dispensed as Directly

Observed Treatment (described later). However, it must be remembered that abuse liability of

buprenorphine is significantly lower as compared to full agonists like heroin, morphine and methadone.

FORMULATIONS AND LEGAL STATUS IN INDIA.—Currently, in India, buprenorphine is available both in injectable

and sublingual tablet form. The injectable form is commonly available as 2 ml ampoules with each ml

containing 0.3 mg of buprenorphine. The injectable form is used as an analgesic. The sublingual tablets of

buprenorphine are currently available in three strengths – 0.2 mg, 0.4 mg, and 2 mg.

Buprenorphine is classified as a ‘psychotropic’ under the Narcotic Drugs and Psychotropic Substances Act.

Under the Narcotic Drugs and Psychotropic Substances Act., narcotics and psychotropics can be used for

medical and scientific purposes. However, these medications should be prescribed by a doctor, and can be

made available only in Government-recognised centres. The injectable form and the 0.2 mg tablet is

available in pharmacies, where these formulations can be sold upon availability of a valid prescription for

the same. However, the higher strengths of buprenorphine, i.e. 0.4 mg and 2 mg have been approved only

for the purpose of treatment of opioid-dependent individuals and can be made available only in

Government-recognised drug treatment or de-addiction centres. Both these strengths are available for use

in the Opioid Substitution Therapy Programme supported by National AIDS Control Programme.

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Clinical Practice Guidelines for Opioid Substitution Therapy

Centres under National AIDS Control Programme

The Opioid Substitution Therapy intervention under National AIDS Control Programme is conceptualised as

follows:

OPIOID SUBSTITUTION THERAPY INTERVENTION UNDER NATIONAL AIDS CONTROL ORGANISATION

Opioid Substitution Therapy is a strategy for prevention of HIV among Injecting Drug Users.

b) Opioid Substitution Therapy is to be provided to Injecting Drug Users (as defined by

Department of AIDS Control) who are opioid dependent.

c) Currently, the only medicine available for Opioid Substitution Therapy is

buprenorphine.

d) Opioid Substitution Therapy is a medical intervention in which a doctor initiates Opioid

Substitution Therapy and a nurse dispenses the medicines.

e) Buprenorphine is to be dispensed on a daily basis as a ‘Daily Observed Treatment’ regimen.

This section would describe the clinical practices involved in Opioid Substitution Therapy

implementation as guided under Department of AIDS Control. The areas covered in this section include:

(i)

Assessment and diagnosis,

(ii) Determining client suitability for buprenorphine-based Opioid Substitution Therapy,

(iii) Preparing client for Opioid Substitution Therapy,

(iv) Initiating buprenorphine (induction phase),

(v)

Continuation on buprenorphine (maintenance phase),

(vi) Terminating buprenorphine (termination phase),

(vii) Managing common side effects of buprenorphine,

(viii) Special clinical situations.

Psychosocial interventions provided along with Opioid Substitution Therapy are not described in this

document. It is felt that the discussion on psychosocial interventions warrant a separate document

altogether.

Assessment and Diagnosis

Initial assessment of the client is an essential prerequisite in Opioid Substitution Therapy intervention. The

assessment helps the service provider in making appropriate decisions on the client requirement with

regard to Opioid Substitution Therapy, including whether Opioid Substitution Therapy should be initiated, as

well as the dosing requirements. Assessment has multiple purposes that go beyond mere Opioid

Substitution Therapy consideration.

Assessment is to be carried out both by the counsellor as well as

the doctor of the Opioid Substitution Therapy centre, though the

doctor takes a larger role, since Opioid Substitution Therapy is a

medical intervention. While the counsellor would focus on the

psychosocial aspects of the client’s drug use history, the doctor would

focus on the clinical or medical aspects pertaining to the client’s drug

use and medical history. During assessment, the counsellor and

doctor must attempt to answer the following questions:

(i)

What are the various psychoactive substances consumed by the client till date?

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(ii)

What is the pattern of use of various psychoactive substances consumed by the client?

(iii)

Does the client fulfil the criteria for opioid dependence syndrome?

(iv)

Does the client fulfil the criteria for dependence or harmful use of other substances?

(v)

What is the current pattern of use of various psychoactive substances consumed by the client?

(vi)

What are the various complications in the client’s life or functioning due to substance use

(including physical, psychological, familial, social, legal, occupational and financial areas)?

(vii)

What are the high risk behaviours practiced by the client (including injecting and sex-related

high risk behaviours)? What is the level of knowledge of the client regarding HIV and other

consequences of high risk behaviours?

(viii)

What has been the nature of previous attempts by the client to stop injecting or opioid use?

What kind of help was received by the client during these previous attempts?

(ix)

What are the major facilitating factors and barriers in the recovery for the client?

(x)

Does the client match the inclusion and exclusion criteria laid down in the programme for

initiating Opioid Substitution Therapy?

(xi)

Does the client have any medical condition that makes him or her unfit for Opioid Substitution

Therapy?

(xii)

What is the motivation level of the client to stop injecting and initiate Opioid Substitution

Therapy?

(xiii)

What is the level of psychosocial support currently available to the client for Opioid Substitution

Therapy initiation and continuation?

To answer the above questions, the assessment can be conducted using various modalities covering the

following areas:

ASSESSMENT MODALITIES.—

a) Interaction with the client.

b) Interaction with family members (if present during assessment).

c) Interaction with other individuals associated with the client (client’s friends or peers, staff of

the Injecting Drug User Targeted Intervention project, if present during assessment).

d) Review of previous treatment records, if available.

e) Observation and physical examination of the client.

ASSESSMENT AREAS.—

a) Socio-demographic details.

b) Psychoactive substance use details.

c) Complications due to substance use.

d) Injecting and other high risk behaviours.

e) Past abstinence attempts.

History of medical illnesses.

g) Current psychosocial support and living arrangement.

h) Current status of occupational and family functioning.

i) Evidence of current opioid withdrawals or intoxication.

Evidence of injection or other physical consequences of substance use (injection marks,

abscesses, scars, etc.).

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(Note: Specific formats exist for recording the information collected during assessment. These formats

(“Intake Forms”) are prescribed by Department of AIDS Control and provided by the respective State AIDS

Control Society to all the Opioid Substitution Therapy centres.)

(i)

Socio-demographic details including the client’s name, age, sex, marital status, educational

status, occupational and employment status, and current contact information are required.

(ii)

Psychoactive substance use details including chronological order of initiation of substance

use, and for every substance, the age of initiation, progression, frequency of use, mode of

intake of substance, any dependence features, usual dose, and last dose of intake have to be

noted.

(iii)

Complications due to substance use can be psychological (guilt, shame, depression, anxiety,

etc.),financial (loss of money, debts, etc.), familial (fights, violence, neglect, homelessness,

etc.), social (outcast, ridicule, discrimination, etc.), occupational (loss of job, irregular in work,

frequent change of job, etc.), and legal (thefts, robbery, drug dealing or peddling,

imprisonment, etc.).

(iv)

High risk behaviours.—Both injecting (sharing, reuse of needle or syringes or other

paraphernalia) and sex-related (sex with female sex workers, multiple sex partners, sex in

exchange of drugs or money, sex under the influence of substances, non-use of condoms) are

high risk behaviours.

(v)

Abstinence attempts.—Any attempts to give up psychoactive substance use should be noted.

For every significant attempt, the duration of attempt, reason for abstinence, type of help

received and reasons for relapse should be tracked. An abstinence attempt may be considered

as significant if the client was able to completely stop substance use for a duration of 1 month

or more.

(vi)

Psychosocial support.—The nature of relationship with family members particularly spouse,

the nature of relationship with non-drug-using friends, attitude of family or friends towards

client’s drug use, possibility of involvement in treatment process, etc.

(vii)

Current

living

arrangement.—Type

accommodation,

family

members

sharing

accommodation, etc.

(viii)

Evidence of injection.—Any needle track marks, scarring of tissue, abscesses, ulcers, etc.

(ix)

Evidence of current intoxication.—Slurring of speech, altered sensorium, change in rate of

speech, disinhibition, gait disturbance, etc.

(x)

Evidence of current withdrawals.—Specific to the substance of use.

For opioids: Lacrimation, rhinorrhoea, yawning, dilated pupils, increased sweating,

restlessness, palpitations, increased respiratory rate;

For alcohol or benzodiazepines: Anxiety, restlessness, tremors of hands, increased respiratory

rate, palpitations, sweating, etc.

At the end of assessment, the doctor must be able to make a diagnosis of the client’s problem and

prescribe appropriate management for the same. The diagnosis should encompass the following:

1. Diagnosis of Opioid dependence.—Use of opioids in large amounts over a long period of time

leading to(presence of three or more among the following in the preceding one year):

a) Tolerance.—Gradual increase in the amount of opioid intake to get the same high; appearance

of withdrawals upon decreasing the dose

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b) Withdrawal symptoms.— Lacrimation, rhinorrhoea, yawning, diarrhoea, cramps in abdomen,

intense bodyache, insomnia

c) Craving.— Intense urge to consume opioids

d) Socio-occupational dysfunction

e) Increased time spent in obtaining opioids, consuming opioids or recovering from the effect of

opioids

Continued use of opioids despite harms incurred due to opioid use, such as abscesses,

overdose, vein loss, HIV, hepatitis B or C, respiratory problems, etc.

g) Persistent efforts to cut down opioid use.— Unsuccessful attempts or desire to give up on

opioid use

2. Diagnosis of other substance use disorders.—Dependence or harmful use of other substances.

Special attention should be given to the concomitant use of alcohol and or benzodiazepines, which

are general brain depressants and commonly used by opioid dependent individuals.

3. Diagnosis of medical co-morbidity, if any.—Special attention should be given to liver conditions,

and respiratory conditions, which, if severe, may preclude a client from being started on Opioid

Substitution Therapy.

4. Psychosocial issues that can influence treatment outcomes.—Extent of family support, presence

or absence of a stable job, current involvement in illegal activities, homelessness, HIV, hepatitis B

or C, etc. can influence the retention of the client on Opioid Substitution Therapy, and must be

addressed during regular follow-up of the client after Opioid Substitution Therapy initiation.

Determining Suitability of Clients for Opioid Substitution Therapy

To be initiated on Opioid Substitution Therapy, the client must fulfil the suitability criteria mentioned below.

Some of these criteria are ‘essential’ criteria, while others are ‘desirable’.

ESSENTIAL CRITERIA FOR OPIOID SUBSTITUTION THERAPY INITIATION.—The client must fulfil each of the essential

criteria for Opioid Substitution Therapy initiation:

DIAGNOSIS OF OPIOID DEPENDENCE SYNDROME.— A diagnosis of opioid dependence syndrome is

essential as Opioid Substitution Therapy is a specific medical treatment for this condition. Merely use

of street opioids or injecting drug use is not sufficient to consider Opioid Substitution Therapy. Hence,

before starting treatment, the doctor should carefully assess the pattern of opioid use by the client

and consider Opioid Substitution Therapy only if the client meets the criteria for opioid dependence

discussed above.

CURRENT INJECTING DRUG USERS.—The client should meet the operational criteria for Injecting Drug

User established under National AIDS Control Programme i.e. he or she must have injected a

psychoactive substance at least once in the past three months for non-medical purposes.

ABSENCE OF MEDICAL CONTRAINDICATIONS.—The client must not suffer from such medical

disorders that prevent him or her from being initiated on Opioid Substitution Therapy. It must be

remembered that the only absolute contraindication for Opioid Substitution Therapy with

buprenorphine is known hypersensitivity to the medication. Other conditions such as respiratory,

renal or hepatic insufficiency are relative contraindications and do not preclude the use of

buprenorphine for Opioid Substitution Therapy. In such instances, the clinician should judge the

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possible adverse effects associated with starting buprenorphine versus the benefits of treatment and

decide on the course of action on a case to case basis.

INFORMED CONSENT.—The client must have the mental capacity to provide informed consent, as well

as he should be willing to start on Opioid Substitution Therapy after understanding the implications,

requirements, safeguards to be taken, etc. Under National AIDS Control Programme, a written

informed consent is a must before Opioid Substitution Therapy can be prescribed to any Injecting Drug

User.

CLIENT’S WILLINGNESS TO COME DAILY TO RECEIVE TREATMENT.—At the time of initial

assessment, the client should be educated about the need to come to the Opioid Substitution Therapy

centre every day to receive treatment under supervision (Daily Observed Treatment Strategy). Only

those clients who agree to adhere to this mechanism should be initiated on treatment after duly

signing the informed consent.

DESIRABLE CRITERIA FOR OPIOID SUBSTITUTION THERAPY INITIATION.—While the following criteria are desirable,

they are not essential for a client to be initiated on Opioid Substitution Therapy. These criteria have been

included as they increase the likelihood of selecting a suitable client for Opioid Substitution Therapy,

thereby increasing the confidence of the clinician in prescribing the treatment.

(1) AGE MORE THAN 18 YEARS.—While it is desirable that the client should be 18 years or above to be

initiated on Opioid Substitution Therapy, adolescents who are below 18 years of age can also be

given Opioid Substitution Therapy. Issues to be considered in adolescents receiving Opioid

Substitution Therapy is discussed in later sections.

(2) FAILED ABSTINENCE ATTEMPTS.—The client may have attempted to give up opioids in the past

through other means, but has failed in doing so. This indicates greater likelihood of opioid

dependence in a given client as well as lesser chances of recovery with other shorter duration

treatments like detoxification.

(3) LONG DURATION OF OPIOID USE or INJECTING.—A history of long duration of opioid use (more than 3

years) indicates high severity of opioid dependence, particularly if the client has used opioids by the

injecting route for most of this duration. As Opioid Substitution Therapy is considered the treatment of

choice in severe opioid dependence, a client fulfilling this criterion would really require Opioid

Substitution Therapy to give up drug use.

(4) MOTIVATION TO GIVE UP DRUG USE or INJECTING.—During the pre-treatment assessment, a client

with better motivation is more likely to retain in treatment and accrue the benefits of Opioid

Substitution Therapy. However, motivation is a dynamic phenomenon and often clients with poor

motivation to abstain at Opioid Substitution Therapy initiation do well with treatment once they

experience the effectiveness of Opioid Substitution Therapy in alleviating withdrawals and craving.

(5) FEASIBILITY.—It should be feasible for the client to come to the Opioid Substitution Therapy centre on

a daily basis to take his Opioid Substitution Therapy dose. The feasibility here is as per the

understanding of the service providers (Opioid Substitution Therapy doctor or counsellor).

However, in situations where the treating team has a different opinion about the ability of a client to

come daily, the client’s perception of the same should prevail and treatment should be started.

CONDITIONS REQUIRING SPECIAL CONSIDERATIONS FOR OPIOID SUBSTITUTION THERAPY INITIATION.—There are

certain conditions in which caution should be exercised while prescribing Opioid Substitution Therapy

to Injecting Drug Users clients. Among these, the only absolute contra-indication is known

hypersensitivity to buprenorphine. In other cases, the clinician should use his or her clinical

judgement before deciding on initiation of buprenorphine.

1. KNOWN HYPERSENSITIVITY TO BUPRENORPHINE.— Some clients may have had allergic reactions

to buprenorphine in the past; such clients should not be given buprenorphine.

2. SEVERE DEPENDENCE ON ALCOHOL OR BENZODIAZEPINES.— If the clients have concomitant

use of alcohol or benzodiazepines, and have higher degree of dependence on these substances

through heavy use, Opioid Substitution Therapy may not be started in the Opioid Substitution

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Therapy centre itself. Such clients should be referred to a psychiatrist or drug de-addiction centre

before initiating on Opioid Substitution Therapy and may require inpatient treatment. Most Injecting

Drug Users clients inject a cocktail of opioid drugs (buprenorphine or pentazocine or heroin or d-

propoxyphene) along with sedatives (diazepam or pheniramine or promethazine). Such clients are

seen as primarily dependent on opioids and can be safely started on Opioid Substitution Therapy.

3. SEVERE DEGREE OF HEPATIC IMPAIRMENT.—Alcohol use or infective hepatitis may result in

altered metabolism of buprenorphine, leading to erratic blood buprenorphine levels. If there is

clinical evidence of hepatic impairment, a liver function test may be advised and based upon the

results, the decision regarding Opioid Substitution Therapy can be taken. If the derangement is

mild-moderate, Opioid Substitution Therapy should be initiated, but with careful titration of dosage.

Opioid Substitution TherapyPY should be withheld only in case of sever derangement of hepatic

function tests or definite clinical evidence of liver failure.

4. SEVERE DEGREE OF RESPIRATORY PROBLEMS.— In conditions such as severe asthma or chronic

airway diseases leading to severe impairment of respiratory functions, Opioid Substitution Therapy

should be initiated with caution, as it may further aggravate respiratory problems. Such patients

should not be prescribed benzodiazepines for sleep disturbances due to their additive depressive

effect on brain.

LABORATORY TESTS FOR OPIOID SUBSTITUTION THERAPY.—It is NOT ESSENTIAL to perform any

laboratory test, before initiating Opioid Substitution Therapy for a client. If the doctor has

conducted a clinical examination and has not detected any significant finding, Opioid Substitution

Therapy can be safely started. It is a good practice to conduct routine laboratory tests (such as

hemogram, liver function tests and renal function tests) in the initial days of assessment and

treatment as a ‘baseline’ test. In cases where there are findings present on physical examination,

the relevant laboratory tests are warranted.

Preparing Clients for Opioid Substitution Therapy

Once it is decided that the client will be initiated on Opioid Substitution Therapy, he or she should be

prepared and educated before initiation. This can be done by the counsellor or the doctor. The important

issues to be covered in client education:

(i)

Nature of illness.—The client should be explained that opioid dependence syndrome is a chronic

relapsing medical illness similar to other chronic medical illnesses such as diabetes, hypertension

and other cardiovascular illnesses. It is not a weakness of will power, or a ‘character defect’ in the

client. Relapse is part of the recovery process and there are strategies available to minimise or

prevent relapse.

(ii)

Nature of treatment.—The client should be informed that Opioid Substitution Therapy is a long-

term treatment option; it is important for the client to remain in treatment for at least one year or

more for lasting benefits. The medicines would be given as a daily observed treatment supervised

by the nursing staff. The medicines would help in controlling withdrawals, and craving, and he

would not need to use opioids for at least a 24-hour period after receiving the dose.

Apart from Opioid Substitution Therapy medicine, the client also needs to undergo periodic

counselling as well as regular follow-up with the service providers. The client needs to follow the

rules and regulations established by the Opioid Substitution Therapy centre.

(iii)

Need for active involvement.—The client needs to be involved actively in the treatment process.

He or she needs to be forthcoming in informing the service providers about his drug using status,

benefits of treatment, sufficiency of medicine dose, and overall improvement. Additionally, if

family members are involved in treatment, the outcome would be better.

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Along with education, the service providers should also dispel common myths or misconceptions

associated with Opioid Substitution Therapy. Additionally, this also provides the service providers an

opportunity to enhance the motivation of the client towards initiation and continuation on Opioid

Substitution Therapy.

Once the client has clearly understood the implications of being in Opioid Substitution Therapy programme

and is ready, he or she should be asked to sign the informed consent form and Opioid Substitution

Therapy should be initiated only after the consent form is signed. The consent form should have signatures

of client, a witness (family member or staff) and the person who has obtained the consent (doctor or

counsellor).

Buprenorphine–based Opioid Substitution Therapy

Opioid Substitution Therapy with buprenorphine can be divided into three phases:

(i)

Induction phase.—Phase wherein the client is given the first dose and the dose is

subsequently adjusted to achieve a stabilisation dose

(ii)

Maintenance phase.—Phase wherein the client is maintained on stabilisation dose till a

decision to stop buprenorphine is taken

(iii)

Termination phase.—Phase from decision to stop buprenorphine to the last dose of

buprenorphine

Each of these phases of Opioid Substitution Therapy treatment has different goals and objectives,

management issues, and role of different service providers, etc. Each of these phases is discussed in

detail below in different sections.

INITIATING OPIOID SUBSTITUTION THERAPY WITH BUPRENORPHINE – INDUCTION PHASE.—As mentioned above, the

induction phase begins when the decision to initiate the client on Opioid Substitution Therapy is taken till

the point where the stabilisation dose is reached.

GOALS OF INDUCTION PHASE.—

(a) To determine the correct dose of buprenorphine for a client to be able to control opioid

withdrawal symptoms and craving

(b) To address any medical or psychosocial crisis faced by the client

Before the first dose of buprenorphine, the doctor should ensure that:

(i) A detailed assessment of the client has been made, and the client fulfils the criteria for Opioid

Substitution Therapy initiation as laid down by Department of AIDS Control.

(ii) The client has understood the implications and procedures of Opioid Substitution Therapy and

has signed the informed consent sheet.

(iii)

The last dose of opioid use is at least 6 to 8 hours before the first dose of buprenorphine.

The first dose of buprenorphine usually ranges from 2 to 4 mg. After the first dose is administered

sublingually, the client should be observed after a gap of two hours, when the peak effect of

buprenorphine is expected to be observed. If the client still complains of withdrawals or craving, an

additional 2 to 4 mg can be given. If the client reports no symptoms of opioid withdrawal or craving, he

or she should be asked to return on the next day for his dose. The total dose of buprenorphine must not

exceed beyond 8 mg on day one.

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On the second day, enquiry should be made regarding whether the client had any opioid withdrawal or

craving symptoms anytime in the last 24 hours after the dose of buprenorphine was initiated or whether

the client took any other opioid by injecting or non-injecting routes AND was able to achieve its effects. If

the client reports so, the dose of buprenorphine should be increased in increments of 2 mg. The maximum

dose of buprenorphine on day two should be about 12 mg. If the client does not report of any withdrawals

or craving for an entire period of 24 hours following dose administration, the client would have achieved

his stabilisation dose.

HOW IMPORTANT IS THE TIME GAP BETWEEN LAST DOSE OF ILLICIT OPIOID AND FIRST DOSE OF

BUPRENORPHINE? This is extremely important, especially in cases where the client uses pure opioid

agonist such as heroin as the illicit opioid. If the time gap is not maintained, buprenorphine would displace

the illicit opioids from the receptors and precipitate opioid withdrawals symptoms, which would be

extremely distressing for the client.

However, some doctors have a myth that if the client has already taken an opioid drug (like heroin) a short

while ago, the first dose of buprenorphine will result in added intoxication (and risk of overdose). This is a

misconception. The gap must be ensured primarily to avoid the precipitated withdrawal and not overdose.

Most clients reach their stabilisation dose in three to four days, maximum by day seven. Apart from control

of craving and withdrawal, the stabilisation dose should also be able to block the euphoric effect produced

by illicit opioid use. It must be remembered here that lower doses (of up to 2 to 4 mg) would be able to

control withdrawal symptoms, while slightly higher doses (of up to 4 to 8 mg) would be able to take care of

craving. The opioid blocking effect would be produced only at even higher doses (of 8 to 12 mg).

Additionally, the higher the dose of buprenorphine, the longer is the effect of buprenorphine – i.e. a higher

dose would enable the client to be without any discomfort or need for additional opioids for longer duration

of at least 24 hours duration. Hence, the clinician’s efforts must be to ensure that all the three objectives

of Opioid Substitution Therapy dose or stopping withdrawals, control craving and produce opioid blocking

effect – are achieved with the adequate dose of buprenorphine.

While guidelines from western countries recommend a maintenance dose of 12to 16 mg of buprenorphine

per day, experience from India shows that for optimum outcomes, doses of 8to 12 mg of buprenorphine

per day is sufficient for most clients. For maximum dose too, the guidelines from western countries

suggest a maximum of 32 mg/day; however, in India, a dose of 20 to 24 mg per day can be considered as

maximum dose. If the clinician feels that the client is not improving despite the maximum dose, the client

may be referred to a higher centre specialising in substance use treatment for further management.

Apart from stabilising the dose of buprenorphine, the service providers also need to work on the following

areas of the client’s life during induction phase:

(i)

Enhance the client’s motivation to stop or reduce injecting and continue Opioid Substitution

Therapy.

(ii)

Address any medical priorities. These may include conditions such as an open abscess, active

tuberculosis, or any acute co-morbid medical problem faced by the client.

(iii)

Address any psychosocial crisis. This may include conditions such as recent homelessness,

impending legal crisis, etc.

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DOSE INCREMENTS FOR BUPRENORPHINE.—To the extent possible, dose increments should be in

round figures, preferably in multiples of 2. Thus, if a client is not comfortable on 4 mg, the next dose

should be 6 mg. The fractions (using 0.2 and 0.4 mg tablets) should be limited to only those rare

cases where (say) 6 mg is an inadequate dose while (say) 8 mg is perceived as a higher dose.

Additionally, the use of fractions can be considered while tapering the dose for the purpose of

termination of treatment (described later).

MAINTAINING CLIENTS ON BUPRENORPHINE – MAINTENANCE PHASE.—The maintenance phase begins with the

client achieving his stabilisation dose till the time a decision is made to stop Opioid Substitution Therapy

for the client.

GOALS OF MAINTENANCE PHASE.—

(a) To maintain the client on adequate doses of buprenorphine

(b) To address other substance use by the client, if any

(d) To help the client in regaining occupational, financial and familial stability

(e) To retain the client in treatment, adhere to treatment regimen and help prevent relapse to opioid

use (through injecting or other route)

(f) To help the client prevent shifting to another substance use

BUPRENORPHINE MAINTENANCE DOSE.—The clinician should continue the same dose of buprenorphine as

used in the induction phase for stabilisation.

Any temptation to reduce the dose of buprenorphine must be avoided, unless specifically warranted.

Furthermore, the doctor must make enquiries on the following issues during every follow-up:

(i)

Does the client have withdrawals or craving despite his current buprenorphine dose?

(ii)

Has the client used any other opioids or injections while on his current buprenorphine dose?

(iii)

Does the client experience euphoria while using other opioids or injections?

The information regarding the above can be elicited by interviewing the client, his family members or

significant others and staff of the Targeted Intervention linked with the centre.

If the clients report that they still have (a) withdrawals or (b) craving or that (c) they use injections or other

opioids and experiences euphoria on opioid use, it is an indication to the doctor that the dose of

buprenorphine is inadequate. In such cases, the doctor must increase the dose of buprenorphine to an

optimum level. Care must also be taken to ensure that the client does not experience opioid intoxication

effect due to use of buprenorphine, such as sedation, slurring of speech, incoordination, etc. Such effects

are related to the peak plasma blood levels of buprenorphine typically seen 1-3 hours after administration

of the daily dose. Thus, the dose of buprenorphine must be such that the client neither has a peak effect of

intoxication nor has the trough effect of withdrawal or craving. A pictorial representation of difference

between the level of illicit opioids such as heroin and buprenorphine is shown below.

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[PART II—SEC. 3(ii)]

Once the client is maintained on a particular dose of buprenorphine which is comfortable for him or her,

the SAME dose should be continued in the maintenance phase. Further changes in dose, especially dose

increase, may be required in some conditions. Such conditions may include resumption of work (especially

menial jobs such as manual labour, rickshaw pulling, etc.), pain conditions (such as fractures, etc.), re-

emergence of craving, psychosocial distress, etc. In such cases, the doctor should re-assess the client and

increase the dose as required.

An important issue during maintenance phase is to encourage and motivate clients to continue on Opioid

Substitution Therapy. Many clients feel that their lives have become normal after 2 to 3 months of Opioid

Substitution Therapy, as they have stopped opioid and injecting use, and feel that they can now stop Opioid

Substitution Therapy. This belief is also often supported by family members, who feel that the client should

now resume his or her responsibilities, sometimes at the cost of continued Opioid Substitution Therapy.

The service providers must emphasise on the need for long-term continuation of Opioid Substitution

Therapy medicines. The principles of motivation enhancement can be applied for encouraging the client to

continue Opioid Substitution Therapy. Additionally, the family members must also be counselled on the

need for continuation on Opioid Substitution Therapy.

REDUCTION OF MAINTENANCE DOSE.—It is observed that in certain cases, the doctor reduces

the dose of buprenorphine despite the fact that there are no side-effects, the client is

maintaining well and has not desired for dose reduction. This reduction is done as many

doctors and other Opioid Substitution Therapy centre staff are under the impression that once

the client has stopped using illicit opioids, his dose should be reduced to the minimum

possible.

It should be important to note that the SAME DOSE OF BUPRENORPHINE AS REQUIRED IN THE

INITIAL STAGES SHOULD BE CONTINUED, unless the client reports of any buprenorphine-

related side effects. Even if the client requests for dose reduction, he or she should be

educated on the need for the same dose. Despite this, if the client demands for dose

reduction, then only the dose reduction should be attempted.

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BUPRENORPHINE DISPENSING As per Department of AIDS Control guidelines, dispensing of

buprenorphine is to be done on ‘Daily Observed Treatment’ basis at the Opioid Substitution Therapy

centre. This means that the client has to come to the Opioid Substitution Therapy centre daily and

take his medicines in front of the Opioid Substitution Therapy nurse. Buprenorphine is to be given

through the sublingual route. The tablet should be crushed before administration to prevent diversion

of the medicine by the client. The nurse should observe the client for a period of atleast 7 to 10

minutes after administering the dose to ensure that the tablets have dissolved. Detailed dispensing

procedure is provided in the document on standard operating procedure.

ADDRESSING CO-MORBID SUBSTANCE USE.—Once the client is stabilised on Opioid Substitution Therapy

medicines and he has stopped illicit opioid use, use of other substances may increase or resume. This is

mainly because the client attempts to find other sources of pleasure and high. Most commonly, the client

may reinitiate or increase consumption of other brain depressants such as alcohol, benzodiazepines or

cannabis. Some clients may progress on to use of these substances in dependent pattern. Apart from

problems due to the substances themselves, use of these substances also affects Opioid Substitution

Therapy.—

(i)

Use of these substances would increase the chance of the client relapsing to opioid use

(ii)

Use of high dose of these substances would increase the risk of respiratory depression

The service providers should enquire about other substance use during maintenance phase. In case the

client has re-initiated or increased his substance use, the service provider must educate the client about

the risks posed, and assist the client in stopping the use of these substances. If required, the client may be

referred to a psychiatrist or another specialist dealing with substance use disorder for treatment of these

co-morbid conditions.

REFERRAL TO OTHER SERVICES.—Once the client is stabilised on Opioid Substitution Therapy, he or she

becomes more amenable to availing other services required. The client should be motivated to undergo

HIV testing and if found HIV positive, should be encouraged to register with an Anti-Retroviral Treatment

centre for further management. Additionally, the client should be clinically screened for other conditions

including tuberculosis, hepatitis, abscesses, etc. If the client is found to be suffering from any of these

medical conditions, appropriate referral must be made. The client should also be encouraged to adhere to

both Opioid Substitution Therapy as well as medications prescribed for such co-morbid conditions.

ASSISTANCE IN RE-INTEGRATION.—Maintenance phase is an excellent opportunity to motivate the client to

repair ties with family, assume family responsibility and regain employment. Such re-integration with work,

family and society would further help the client in maintaining abstinence from substance use and help

regain the trust of his family members. Occupational rehabilitation makes the client productive once again

and helps him or her to have a structured routine as well as earn a livelihood.

During follow-up, the counsellor should explore these areas and assist the client in resuming his work and

ties with family. The family members should be involved in these activities, and help from them solicited if

required through a home-visit.

TERMINATING CLIENTS ON BUPRENORPHINE – TERMINATION PHASE.—

The termination phase begins with taking a decision to stop buprenorphine and ends when the last

dose of buprenorphine is administered to the client.

GOALS OF TERMINATION PHASE

(a)

To taper and stop buprenorphine medicine

(b)

To ensure that clients have minimal discomfort during tapering of buprenorphine

(d) To help the client in making decision regarding further treatment after stopping Opioid

Substitution Therapy

(e) To motivate the client for continued follow-up after stopping Opioid Substitution Therapy

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DECISION TO STOP BUPRENORPHINE.— A crucial decision in Opioid Substitution Therapy management is the

decision about stopping buprenorphine treatment. There is no specified time-duration for a client to be

maintained on Opioid Substitution Therapy. Opioid Substitution Therapy may last for months to years. The

endpoint is reached upon the client achieving the treatment goals decided mutually by him or her and the

service provider during the initiation of Opioid Substitution Therapy. The treatment goal is not limited to the

client stopping his or her drug use; it also includes successful reintegration of the client in his or her family,

society and work. Once these goals are reached, a decision on stopping buprenorphine can be made, if the

client wishes to stop buprenorphine.

Some indicators of successful termination can include.—

(a) cessation of opioid and injecting use,

(b) cessation of illegal activities,

(d) strong psychosocial support,

(e) well-maintained occupational functioning, and

(f) client’s readiness to lead a medication-free life.

Despite successful outcomes, clients may still wish to continue Opioid Substitution Therapy, as they are

not ready or willing to lead a medication-free life, in which case, Opioid Substitution Therapy must be

continued. Continued drug use, continued perception of risk of relapse, illegal activities, poor occupational

functioning, homelessness, and poor family support are the factors which indicate that Opioid Substitution

Therapy should continue and should not be terminated irrespective of the duration of treatment.

TAPERING BUPRENORPHINE.—Before tapering of buprenorphine, the client must be prepared well in advance.

The family members should be involved in the decision, and support from them must be solicited. The

client must be educated on the possibility of some discomfort and withdrawals during taper and relapse

prevention sessions for the client must be conducted.

Buprenorphine must not be stopped abruptly, as otherwise the client would experience withdrawals and

there would be the consequent risk of relapse to opioid use. The process of tapering must be gradual.

There is no fixed regime for tapering buprenorphine dose; the amount of reduction, time-gap between each

reduction and the time taken for the tapering process varies from client to client. For most clients, tapering

can be done on an outpatient basis in the centre itself; very few clients may require admission to a

hospital for tapering of buprenorphine.

TAPERING TO A LOWER MAINTENANCE DOSE.—In clinical practice, a situation is often encountered

when during the process of tapering, the dose is lowered (say, from 8 mg per day of maintenance

dose to 2.4 mg per day) and any subsequent dose-reduction is met with discomfort. In such cases,

clients are continued on this lower maintenance dose for many months or years.

The outpatient taper can be done over 2 to 3 months duration. In outpatient tapering, the tapering can be

done in units of 2 mg of buprenorphine every 4 to 7 days, till the client reaches a dose of 2 to 4 mg of

buprenorphine. Further tapering can be done in units of 0.4 to 0.8 mg of buprenorphine every 4 to 7 days.

If the client complains of withdrawals or discomfort, the tapering can be more gradual. Inpatient tapering

can be faster than outpatient tapering and can be achieved in 2 to 3 weeks’ time. In an inpatient setting,

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the daily dose of buprenorphine can be divided into a thrice-daily regime, and 0.4 to 0.8 mg of

buprenorphine can be reduced daily. Some clients experience greater discomfort as they reach the last

few doses of buprenorphine, in which case the minimum dose can be continued for a longer period of

time, before finally stopping buprenorphine.

MANAGEMENT AFTER TERMINATION OF BUPRENORPHINE.—Following termination of treatment, the client must be

educated on the importance of continued follow-up. The follow-up can be frequent initially, once in two

weeks or so, and later at a frequency of once in 1 to 3 months. During such a follow-up, enquiry must be

made regarding the client’s drug-using status, occupational and familial functioning, as well as re-

emergence of withdrawals and craving for opioids. Relapse prevention sessions must be continued during

this phase.

Post termination of buprenorphine, the client can remain free of any medication and continue follow-up at

the Opioid Substitution Therapy centre. In some cases, the client can be started on antagonist

maintenance. For antagonist treatment, the tablet naltrexone (at dose of 50 mg/day) should be given once

a day. Before starting naltrexone, the client must be free of any opioids for at least 72-hour duration.

Unlike buprenorphine or other opioid agonists, naltrexone is not a controlled drug, and can be purchased

from local pharmaceutical shops. Antagonist treatment can be continued for a period of 6 to 12months,

during which the client will be fully confident of leading an opioid-free life. The medication can be stopped

abruptly and does not require any tapering, unlike the agonist medicines.

If the client relapses at any stage of Opioid Substitution Therapy, he or she should be re-initiated on Opioid

Substitution Therapy after assessment and diagnosis.

The principles and practices of Opioid Substitution Therapy remain the same as described earlier.

CRITICAL ISSUES IN OPIOID SUBSTITUTION THERAPY PROGRAMME

(a)

Selection of appropriate clients for Opioid Substitution Therapy,

(b)

Optimal dosing of buprenorphine,

(c)

Proper dispensing procedures,

(d)

Attitude of staff: Staff attitude plays an important part in attracting clients to the Opioid

Substitution Therapy programme and ensuring their retention,

(e)

Provision of other services to the Opioid Substitution Therapy client,

(f)

Stock management: It should be ensured that the stocks of buprenorphine are properly

maintained and replenished at regular intervals, so that there is no stock-out situation in the

centre,

(g)

Record maintenance: The prescribed records should be properly maintained at the Opioid

Substitution Therapy centre,

Further details on the record maintenance and stock management can be found in the

document on standard operating procedure.

1970 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Management of Common Clinical Situations

During Opioid Substitution Therapy, a number of clinical situations may be encountered which require

management by the service providers of the Opioid Substitution Therapy clinic.

VOMITING.—Vomiting does not occur commonly with buprenorphine-based Opioid Substitution Therapy.

Vomiting may occur in the initial period of initiation of buprenorphine, and usually subsides within a few

days. The client may be prescribed oral anti-emetics, which can be administered half an hour before taking

buprenorphine.

CONSTIPATION.—Constipation is a common side effect of buprenorphine-based Opioid Substitution Therapy.

A client complaining of constipation after buprenorphine initiation should be evaluated to rule out other

causes of constipation. If an obvious cause is detected, appropriate treatment should be provided either by

the Opioid Substitution Therapy doctor or through referral. Enquiry should also be made regarding any

symptoms and signs of buprenorphine intoxication, such as increased drowsiness, gait abnormalities,

slurring of speech, etc. If the symptoms or signs of buprenorphine intoxication are present, a careful

reduction in dose may be helpful in relieving constipation. If no organic pathology is detected, conservative

measures should be instituted initially. The client may be advised dietary change, increased consumption

of water, increased physical activity, etc. If these measures do not improve constipation, the client may be

prescribed laxatives. If all of these measures do not help improve constipation, the doctor should then

consider decreasing the dose of buprenorphine. In many cases, constipation may be a trade-off — instead

of experiencing constipation with the same dose of buprenorphine or undergoing the risk of withdrawal or

relapse if the dose is lowered to relieve constipation.

SLEEP DISTURBANCE.—Sleep disturbance is common among Opioid Substitution Therapy clients, and include

delayed initiation in sleep onset, or frequent waking up at nights. Very often, clients inject cocktails of

opioids along with other sedative or hypnotics such as chlorphenaramine, promethazine or

benzodiazepines. Additionally, the client may be abusing benzodiazepine tablets along with injecting drug

use. During Opioid Substitution Therapy, while the opioid-related withdrawals are taken care of by

administration of buprenorphine, withdrawals related to sedatives are not addressed, which leads to sleep

disturbance.

If the client is dependent on benzodiazepines, management of benzodiazepine dependence must be

undertaken independent of Opioid Substitution Therapy. For sleep disturbance, the client may be educated

on sleep hygiene. If these measures fail, the client can be prescribed low dose benzodiazepines (tab.

diazepam or nitrazepam 5 to 20 mg at night) or other sleep-inducing medications such as mirtazapine (7.5

to 15 mg at night in tablet form), trazadone (50 mg at night in tablet form), or dothiepin (25 to 75 mg in

tablet form). While prescribing benzodiazepines, it must be remembered that clients can also become

habituated or dependent on benzodiazepine medications; hence the dose of benzodiazepines must be

kept low and should be prescribed for the shortest duration possible.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

1971

SLEEP HYGIENE.—

(a) Fix the time for going to bed and getting up in the morning.

(b) Avoid afternoon naps.

(c)

Have meals 2 hours before sleep.

(d) Avoid stimulants such as coffee, tea or nicotine after sunset.

(e) Avoid stimulating activities such as watching television before going to sleep.

(f) Take light exercise in the evening.

(g)

Have a bath with warm water before going to sleep.

(h) Do light reading or listening to music before sleep.

(i)

Use the bed only for sleep.

MISSED DOSES.—As Opioid Substitution Therapy is a long-term treatment and requires daily dosing, often

clients miss their doses in-between and come back for treatment after a gap of a few days. In such

situations, the management will depend on the duration of the missed treatment:

(i)

If the client misses one day’s dose of buprenorphine, the client can be given the same dose of

buprenorphine as before.

(ii) If the client misses two–three days’ dose of buprenorphine, enquiry must be made by the doctor

regarding whether the client has consumed any opioids in the intervening period, or whether the

client is in withdrawals currently. If the client is in withdrawals, he or she can be given the same

dose as before. If the client has consumed any opioids in the intervening period, and he does not

have withdrawals currently, the client may be given half the dose of buprenorphine and the dose

can be gradually increased depending on the client’s response in the subsequent days.

(iii) If the client misses his dose of buprenorphine for more than three days, the same dose of

buprenorphine should not be given to the client, as tolerance to opioids can be lost even within

three days. The client should be treated as a ‘new’ client and buprenorphine should be re-

inducted, starting from induction phase till the client is stabilised.

Management of Special Clinical Conditions

CO-MORBID HIV INFECTION.—Service providers of Opioid Substitution Therapy intervention would commonly

encounter Opioid Substitution Therapy clients who have been diagnosed with HIV infection, and are on

Anti-Retroviral Treatment medications. The following points must be taken into consideration during co-

morbid HIV infection:

(i) All efforts must be made to ensure that every Injecting Drug User client who is on Opioid

Substitution Therapy should be referred to Integrated Counselling and Testing Centre for HIV testing

after pre-test counselling. If the client is tested as HIV positive, he or she should be referred to Anti-

Retroviral Treatment centre for registration and for decision on initiation of Anti-Retroviral Treatment

medicines. If the client is HIV negative, he or she should be educated on high risk behaviours and

strategies to prevent high risk behaviours as well as HIV prevention during high risk behaviours. The

doctor need not wait for the HIV test results before initiation on Opioid Substitution Therapy.

(ii) If a client is already diagnosed as HIV positive during the initial assessment, the client can be

initiated on Opioid Substitution Therapy and referred to Anti-Retroviral Treatment centre for the

initial HIV-related assessment and investigations. The client can be stabilised on Opioid Substitution

Therapy before initiation on Anti-Retroviral Treatment, which will help in improved adherence on

Anti-Retroviral Treatment.

Though some drug-drug interactions are observed between buprenorphine and ART medications, these are

often not clinically significant to warrant change in dose of either buprenorphine or ART medicines. The

doctor should be guided by the clinical signs and symptoms for changing the dose of buprenorphine. If

symptoms of opioid withdrawal are noticed or the client complains of discomfort after initiation of ART

during Opioid Substitution Therapy maintenance phase, the doctor should increase and titrate the dose of

1972 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

buprenorphine as per the client’s comfort level. Similarly, the dose of buprenorphine should be decreased

if the client complains of excessive drowsiness, slurring of speech, gait instability or other features of

intoxication after initiation of ART medicines. A list of Anti-Retroviral Treatment medicines that can interact

with buprenorphine is provided in Annexure A.

TUBERCULOSIS.—Tuberculosis is a common co-morbid condition among Injecting Drug Users. Hence, every

client should be clinically assessed for tuberculosis during initiation on Opioid Substitution Therapy. If there

is clinical suspicion, the client should be referred to a Tuberculosis centre for sputum testing and chest

X-ray. The adherence to Tuberculosis treatment improves if the client is on Opioid Substitution Therapy.

Some Tuberculosis medications can have interactions with buprenorphine. Rifampicin is a cytochrome p

350 enzyme inducer and can increase the clearance of buprenorphine. Isoniazid can cause hepatic

damage, which in turn can alter the metabolism of buprenorphine. The doctor should titrate the dose of

buprenorphine accordingly.

HOWEVER,

SUSPECTED

TUBERCULOSIS

CURRENT

ANTI-TUBERCULAR

TREATMENT

THEMSELVES DO NOT PRECLUDE WITHHOLDING OR DELAYING INITIATION OF OPIOID SUBSTITUTION

THERAPY.

ADOLESCENTS.—While buprenorphine is now considered safe for use in anyone above the age of 12 years,

the use of this medication for Opioid Substitution Therapy in population aged less than 18 years has not

been as systematically studied as for the adult population. Usually, clients from this age-group have short

duration of opioid use and even shorter duration of injecting drug use. As a result, a view held commonly by

experts is that detoxification followed by antagonist treatment should be tried initially, and if this strategy

fails, agonist medications should be considered. However, others are of the view that adolescents also

have a high risk of sharing, overdose and other opioid-related complications, and hence, agonist treatment

with buprenorphine should be considered for this population. Moreover, detoxification and antagonist

treatments are not available everywhere, hence, it is not possible to wait for a trial of such treatments in

every opioid-dependent adolescent.

If a client falls in the age group of less than 18 years, Opioid Substitution Therapy should not be denied

straightaway. A careful assessment of the client’s drug use and associated high risk behaviour should be

made. Consideration must be given to the duration of opioid use, associated high risk behaviour, especially

sharing of injecting equipment and sex-related behaviour. If there is a long history of opioid use (Less than

2 years) along with injecting drug use and associated high risk behaviour, Opioid Substitution Therapy with

buprenorphine must be considered. There would be issues around obtaining informed consent, as consent

from a person less than 18 years may not be considered valid. Hence, consent from either of the parents,

or from a guardian (older than 18 years) may be obtained before initiating Opioid Substitution Therapy,

besides obtaining the ‘assent’ from the minor client.

FEMALE POPULATION.—There are some special considerations with opioid dependent female patients who

inject drugs. Females are more vulnerable to HIV and other complications due to injecting as compared to

their male counterparts. More often than not, females have a male partner who is also an Injecting Drug

User, as a result of which they have to use the injections and injecting equipment after the male uses

them. Some female Injecting Drug Users resort to sex work to support their drug using habit. In addition,

they also have to take care of children, which add to their burden. Female Injecting Drug Users are often

looked down upon by the neighbours and the society, resulting in greater stigma and discrimination.

Finally, female Injecting Drug Users have lesser accessibility to general healthcare services as well as HIV

prevention programmes or drug treatment services. The staff of Opioid Substitution Therapy centre should

bear these vulnerabilities in mind when attending to female Injecting Drug Users who wish to be initiated

on Opioid Substitution Therapy.

PREGNANCY AND BREASTFEEDING.—OPIOID SUBSTITUTION THERAPY IS RECOMMENDED FOR PREGNANT

WOMEN DEPENDENT ON OPIOIDS. The process of induction and maintenance is the same as for other

patients. Care should be taken to ensure that termination of Opioid Substitution Therapy is not attempted

in the first and the third trimester due to risk of abortion or pre-term delivery. The dose of buprenorphine

may need to be increased in the third trimester due to increased volume of water during the third trimester

of pregnancy. However, this should be done by clinical assessment for withdrawals. Buprenorphine should

be continued throughout the labour. The dose of buprenorphine may need to be reduced after delivery.

Buprenorphine should be continued after the delivery. Breast-feeding can be continued. Even though

buprenorphine is secreted in breast milk, the actual amount of buprenorphine entering the infant’s blood

may not be high due to high first-pass metabolism.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

1973

The staff of the Opioid Substitution Therapy centre should inform the obstetrician and the

neonatologist or paediatrician about the dose of buprenorphine that the client is on during delivery. The

paediatrician should be made aware of the possibility of neonate experiencing opioid withdrawals after

delivery, termed as Neonatal Abstinence Syndrome (NAS). Neonatal Abstinence Syndrome occurs due to

the fact that the child in the mother’s womb is exposed to buprenorphine. After delivery, buprenorphine

levels fall in the child’s blood due to non-availability of buprenorphine resulting in opioid withdrawals.

Recent studies have shown that Neonatal Abstinence Syndrome with buprenorphine occurs in about one-

third of all deliveries, and is mild to moderate in most cases. The clinical features and management of

Neonatal Abstinence Syndrome is provided in Annexure B.

Medical termination of pregnancy should be offered, in case the client is not desirous of a child.

CONSIDERATIONS WHILE PROVIDING OPIOID SUBSTITUTION THERAPY INTERVENTION TO A FEMALE

INJECTING DRUG USER.—

Special efforts must be made to make the female Injecting Drug User comfortable, as females are

often reluctant to access services at places with predominant male Injecting Drug User clients.

The doctor and counsellor must ensure that the female Injecting Drug User is examined and

interviewed in the presence of a female staff.

During assessment, enquiry must be specifically made regarding

Signs or symptoms of Sexually Transmitted Infection, as well as any high risk sexual behaviour

Last menstrual period to rule out pregnancy

Child-bearing history

Examination to rule out the presence of Sexually Transmitted Infection

Female Injecting Drug Users must be given priority during follow-up and dispensing of Opioid

Substitution Therapy medicines and not-made to wait for their turn.

Presumptive Sexually Transmitted Infection treatment must be provided.

Contraceptives must be offered to those female Opioid Substitution Therapy clients in the child-

bearing period and for those not desirous of having children.

Access to other psychosocial supportive services must be made available to those in need.

If the male partner is also an Injecting Drug User, efforts must be made to initiate the male partner

on Opioid Substitution Therapy too.

Conclusions

Opioid Substitution Therapy is an effective treatment option for opioid dependence as well

as HIV prevention intervention for opioid dependent Injecting Drug Users. The clinical

practice of buprenorphine-based Opioid Substitution Therapy is simple and can be

delivered by physicians with adequate training. A proper assessment must be conducted,

and screening for Opioid Substitution Therapy criteria must be done before initiating a

client on Opioid Substitution Therapy. Buprenorphine is relatively a safer medicine to use.

Appropriate client selection, an adequate dose of buprenorphine as well as for an

adequate duration is an important determinant of a successful Opioid Substitution Therapy

intervention. The attitude of staff towards the clients, combined with other issues such as

dispensing hours of the clinic, provision of ancillary services are other important

determinants of the success of Opioid Substitution Therapy intervention.

1974 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

References

Ambekar A, Goyal S. Pharmacological treatment of opioid dependence. In: Basu D, Dalal P (eds.)

Indian Psychiatric Society Clinical Practice Guidelines for Substance Use Disorders.

Armstrong G, Kermode M, Sharma C, Langkham B, Crofts N. Opioid Substitution Therapy in Manipur

and Nagaland, north-east India: operational research in action. Harm Reduction Journal. 2010, 7:29.

Clinical guidelines for the use of buprenorphine in the treatment of opioid addiction— a treatment

improvement protocol.

US Department of Health and Human Service, Substance Abuse and Mental Health Service

Administration, Centre for Substance Abuse Treatment, 2004.

Connock M, et al. Methadone and buprenorphine for the management of opioid dependence: a

systematic review and economic evaluation. Health Technology Assessment, 2007; vol 11, No. 9.

Dhawan A, Jain R, Chopra A. Opioid substitution — Buprenorphine in India: A study report. United

Nations Office on Drugs and Crime, Regional Office for South Asia, 2010.

Dhawan A, Jhanjee S. Manual for long-term pharmacotherapy. National Drug Dependence Treatment

Centre, All India Institute of Medical Sciences, New Delhi, 2013.

Dorabjee J, Samson L. Self and community based opioid substitution among opioid dependent

populations in the Indian sub-continent. International Journal of Drug Policy, 1998; 9: 411-416.

Effectiveness of drug dependence treatment in preventing HIV among Injecting Drug Users. World

Health Organisation, 2005.

10. Guidelines for the psychosocially assisted pharmacological treatment of opioid dependence. World

Health Organisation, 2009.

11. Kumar MS, Natale RD, Langkham B, Sharma C, Kabi R, Mortimore G. Opioid substitution treatment

with sublingual buprenorphine in Manipur and Nagaland in Northeast India: what has been

established needs to be continued and expanded. Harm Reduct J. 2009 Feb 26;6:4.

12. Mattick RP, Breen C, Kimber J, Davoli M. Buprenorphine maintenance versus placebo or methadone

maintenance for opioid dependence. Cochrane Database Syst Rev.2008 Apr 16;(2):CD002207.

13. Mattick RP, Breen C, Kimber J, Davoli M. Methadone maintenance therapy versus no opioid

replacement for opioid dependence. Cochrane Database Syst Rev. 2009 Jul 8;(3):CD002209.

14. Metzger DS, Woody GE, McLellan AT, O’Brien CP, Druley P, Navaline H, DePhilippis D, Stolley P,

Abrutyn E. Human immunodeficiency virus seroconversion among intravenous drug users in- and out-

of-treatment: An 18-month prospective follow-up. J Acquir Immune DeficSyndr. 1993 Sep;6(9):1049–

1056.

15. Operational guidelines for the management of opioid dependence in the South-East Asia

region.World Health Organisation, Regional Office for South-East Asia, 2008.

16. Rao R, Ambekar A, Agrawal A. Opioid substitution therapy under National AIDS Control Programme –

A situational Analysis. National Drug Dependence Treatment Centre, All India Institute of Medical

Sciences. Prepared for Global Fund Round 9 Injecting Drug User-HIV grant project ‘Hifazat’.

17. Rao R, Ambekar A, Yadav S, Sethi H, Dhawan A. Slow-release oral morphine as a maintenance agent

in opioid dependence syndrome: an exploratory study from India. Substance use and misuse, 2012;

17: 294—300.

18. Ray R, Dhawan A, Ambekar A. Implementing Opioid Substitution Therapy —A training manual for

service providers.

19. National AIDS Control Organisation, Government of India, 2011.

20. Substance use disorders, Manual for physicians. National Drug Dependence Treatment Centre, All

India Institute of Medical Sciences, New Delhi, 2013.

21. WHO or United Nations Office on Drugs and Crime or Joint UN Programme on HIV or AIDS position

paper. Substitution maintenance therapy in the management of opioid dependence and HIV or AIDS

prevention. World Health Organisation, United Nations Office on Drugs and Crime, Joint United

Nations Programme on HIV or AIDS, 2004.

1976 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Annexure A: Buprenorphine Interactions with Anti-

Retroviral Medicines

Anti-retroviral

medicine

Effect on

buprenorphine

Buprenorphine effect

Anti-Retroviral

Treatment medicine

Clinical

considerations

Nucleoside Reverse Transcriptase Inhibitors (NRTIs)

No major interactions: No dose adjustment required

Non- Nucleoside Reverse Transcriptase Inhibitors (NNRTIs)

Efavirenz andNevirapine

Reduced

concentration of

buprenorphine

No effect

Observation required; may need to

increase dose of buprenorphine if

opioid withdrawal symptoms or signs

observed or reported

Protease inhibitors

Atazanavir

Increased

buprenorphine Effects

None

Observation required; may need to

decrease dose of buprenorphine if

opioid intoxication symptoms or

signs observed or reported

Ritonavir, Saquinavir,

Indinavir, Tipranavir

Potential for increased

Buprenorphine effects

None

Observation required; may need to

decrease dose of buprenorphine if

opioid intoxication symptoms or

signs observed or reported

Integrase Inhibitors

No major interactions observed or reported.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

1977

Annexure B: Neonatal Abstinence Syndrome

(Adapted from: Operational guidelines for the management of opioid dependence in the South-East Asia

region, World Health Organisation, Regional Office for South-East Asia, 2008).

CLINICAL FEATURES.— Babies born to mothers on buprenorphine should be monitored after delivery. Specific

assessment tools can be used to track the signs and symptoms of neonatal abstinence syndrome (NAS).

Modified Finnegan Neonatal Abstinence Syndrome Score (NASS) can be used for this purpose. The scoring

should be initiated two hours after birth and repeated every four hours. Pharmacological treatment is

initiated when three consecutive scores average more than or equal to 8, or when two consecutive scores

are more than or equal to 12.

Modified Finnegan Neonatal Abstinence Syndrome Score chart for term infants:

System

Signs

Score

Date and time

Central

High-pitched cry

nervous system

Continuous high-pitched cry

disturbances

Sleeps <1 hour after feeding

Sleeps <2 hours after feeding

Sleeps <3 hours after feeding

Mild tremors, disturbed

Moderate-severe tremors, disturbed

Mild tremors, undisturbed

Moderate-severe tremors, undisturbed

Increased muscle tone

Excoriation (specify area)

Myoclonic jerks

Generalized convulsions

System

Signs

Score

Date and time

Metabolic or

Fever (37.3-38.3ºC)

vasomotor or

Fever (38.4ºC and higher)

respiratory

Frequent yawning (3-4 times in a row)

disturbances

Nasal stuffiness

Sneezing (>3-4 times in a row)

Nasal flaring

Respiratory rate >60/min

Respiratory rate >60/min with retractions

Gastrointestinal Excessive sucking

disturbances

Poor feeding

Regurgitation

Projectile vomiting

Loose stools

Watery stools

Total SCORE

Scorer’s initials

TREATMENT.—General nursing care should be provided. Keeping the baby warm, close contact with the

mother, etc. should be provided to the baby.

1978 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

PHARMACOLOGICAL TREATMENT.—Opioids are the preferred medicines of choice. Morphine elixir 1mg/ml can

be used to treat Neonatal Abstinence Syndrome. Initiate with 0.02 mg/kg body weight orally at every 4 to 6

hour interval till the desired response. Maintain the same dose for 3 to 5 days, and then taper by 10% of

the total dose every 2 to 3 days. Vital signs and oxygen saturation should be monitored during opioid-based

treatment. Care should be taken not to induce opioid toxicity or overdose in the neonate due to

administration of a higher dose of morphine. Morphine overdose may manifest as narcosis, poor reflexes,

decreased suckling, and poor response to pain, and can lead to coma, decreased breathing, hypothermia

and bradycardia. In such cases, respiratory support should be provided; naloxone should be avoided as it

can cause withdrawal seizures.

Sedatives are the second choice for treatment of Neonatal Abstinence Syndrome. Control of symptoms

and seizures are not as effective as with opioids. Phenobarbitone 5 mg/kg/day in two divided doses can

be given.

The neonate should be hospitalised till 4 weeks of delivery along with the mother for complete recovery.

Breastfeeding must be continued in the meantime.

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New Delhi, the 14th August, 2020

S.O. 683.—Whereas sub-section (1) of section 46 of the Human Immunodeficiency Virus and

Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (16 of 2017) provides that the

Central Government may make guidelines consistent with the said Act and any rules made there under,

generally to carry out the provisions of the said Act;

And where sub-section (2) of the said section, inter alia, empowers the Central Government to make

guidelines for the purposes of the Targeted Interventions Under NACP III Operational Guidelines – Migrants

and Truckers;

Now, therefore, in exercise of the powers conferred by section 46 of the Human Immunodeficiency

Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (16 of 2017), The

Central Government hereby notifies the Targeted Interventions Under NACP III (Migrants and Truckers)

Operational Guidelines, 2018 as per the Schedule annexed to this notification.

[F. No. T-11020/50/1999-NACO(P&C)]

ALOK SAXENA, Jt. Secy.

1980 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

FOREWORD

K. Sujatha Rao

Additional Secretary & Director General

National AIDS Control Organisation, Ministry of Health & Family Welfare, Government of India

The prevention of new infections in High Risk Groups is a major thrust in National AIDS Control Programme III. The most

effective means of controlling the spread of HIV in India is through the implementation of Targeted Interventions (TIs)

amongst persons most vulnerable to HIV or AIDS, such as female sex workers, Men Who Have Sex with Men and

Transgenders and Injecting Drug User. In addition, the Bridge Populations of truckers and migrants also require focused

interventions. Both National AIDS Control Organisation and the States place a high priority upon full coverage of the States’

Female Sex Workers, Men Who Have Sex with Men or Transgenders, Injecting Drug Users and migrants or truckers with

Targeted Interventions. In order to standardise the approach to scaling up coverage among these core groups and Bridge

Populations and maintain a high level of quality, it is important to provide detailed information on various operational issues

in Targeted Interventions.

National AIDS Control Organisation has prepared these Operational Guidelines after a series of consultations with Technical

Resource Groups, representatives of civil society, Government, core groups, donors and other stakeholders. The guidelines

describe the operational details of Targeted Intervention projects with various core High Risk Groups (Part 1) and Bridge

Populations (Part 2). The guidelines also provide detailed information on issues related to programme management,

services required in terms of human resources, infrastructure, linkages and Monitoring and Evaluation indicators for each

programme area.

I take this opportunity to acknowledge the contribution made by the Technical Resource Groups, the Targeted Intervention

Team of National AIDS Control Organisation and the National AIDS Control Organisation Technical Support Unit in

preparing these guidelines. I would also like to acknowledge and thank the various agencies mentioned in the

acknowledgments section for their valuable inputs.

We hope that these guidelines will help State AIDS Control Societies, potential partners (Non-Governmental Organisations,

Community Based Organisations, and networks), programme managers and other staff working in Targeted Intervention

projects and Technical Support Units to implement and manage Targeted Intervention projects more effectively.

Let the scale up challenge begin!

9^th Floor, Chandralok Building, 36 Janpath, New Delhi-110001

Phone: 011-23325331 Fax: 011-23731746

E-mail: [email protected]

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

1981

TABLE OF CONTENTS - MIGRANTS AND TRUCKERS

Foreword

Acknowledgements

Introduction: Migrants

Chapter 1

Introduction to Targeted Interventions for Migrants Under National AIDS Control Programme III

Chapter 2

Operationalising Targeted Interventions for Migrants:

Guidelines for State AIDS Control Society and Technical Support Unit

Chapter 3

Implementing Targeted Interventions for Migrants:

Guidelines for Non-Governmental Organisations

Annexures: Migrants

Introduction: Truckers

Chapter 1

Introduction to Targeted Interventions for Truckers Under National AIDS Control Programme III

Chapter 2

Operationalising Targeted Interventions for Truckers:

Guidelines for State AIDS Control Society and Technical Support Unit

Chapter 3

Implementing Targeted Interventions for Truckers:

Guidelines for Non-Governmental Organisations

Annexures: Truckers

List of Annexures - Migrants

Annexure

Title

Annexure 1

Risk Assessment

Annexure 2

Mapping Methodology

Annexure 3

Preliminary Mapping

Annexure 4

Detailed Mapping

Annexure 5

Female Sex Workers Assessment

Annexure 6

Hotspot Screening (Owners)

Annexure 7

Hotspot Screening (Patrons)

Annexure 8

Model HIV or AIDS Workplace Policies

Annexure 9

Information Collection in Stakeholder Analysis

Annexure 10

Referral Slip

Annexure 11

Ongoing Assessment of Volunteer Peer Leaders and Migrants

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List of Annexures - Truckers

Annexure

Title

Annexure 1

Field Activity Reporting Form for Mid-Media or Interpersonal Communication

Annexure 2

Medical Clinic Reporting Form

Annexure 3

Half-yearly Extension Clinic Assessment

Annexure 4

Monthly Extension Clinic Reporting Form

Annexure 5

Reporting Format for Outreach Work

Annexure 6

Staffing of Programme Implementing Partner

Annexure 7

Reporting Form for Sexually Transmitted Infections Treated Across Clinics

Annexure 8

Quarterly Expenditure Reporting Format

Annexure 9

Project Management Dashboard

Annexure 10

Quarterly Review Format for Implementing Partner

National AIDS Control Organisation Guidelines and Tools Referenced in these Guidelines

Non-Governmental Organisation or Community Based Organisation Guidelines, March 2007

Guidelines on Financial and Procurement Systems for Non-Governmental Organisations or Community Based

Organisations, March 2007

Targeted Intervention Costing Guidelines

Sexually Transmitted Infection Guidelines

ACKNOWLEDGEMENTS

The following individuals and organisations are acknowledged for their work which is quoted or used in adapted versions in

the text of the Guidelines and the Annexures:

Migrants:

(1)

Bill and Melinda Gates Foundation

(2)

CARE India

(3)

Department for International Development

(1)

Rabo Capital Securities Limited

(4)

India Health Action Trust, University of Manitoba

(5)

Population Services International

(6)

International Labour Organization

Truckers:

(2)

Bill and Melinda Gates Foundation

(3)

Rabo Capital Securities Limited

(4)

Mr.Bhagavandas, Citizens Alliance For Rural Development and Training Society

(5)

Therapeutic Crisis Intervention for Families

(6)

Aparajita Bhalla

National AIDS Control Organisation Technical Support Unit for Targeted Interventions

(i)

Aparajita Ramakrishnan, Team Leader, National AIDS Control Organisation Technical Support Unit (The Bill

and Melinda Gates Foundation);

(ii)

Nandinee Bandyopadhyay, Targeted Interventions Team, National AIDS Control Organisation Technical

Support Unit (PATH);

(iii)

Senthil K. Murugan, Targeted Interventions Team, National AIDS Control Organisation Technical Support

Unit (University of Manitoba);

(iv)

Amit Shrivastav, Targeted Interventions Team, National AIDS Control Organisation Technical Support Unit

(Family Health International);

(v)

Meera Mishra, National AIDS Control Organisation Technical Support Unit (Constella Futures);

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1983

Technical Resource Group for Bridge Populations

Chair: Ms.Sujatha Rao, Additional Secretary & Director General, National AIDS Control Organisation,

Ministry of Health & Family Welfare, Government of India

Representative of Care India involved in HIV Programme, New Delhi

Mr. Ashok Alexander, Bill and Melinda Gates Foundation

Dr. James Blanchard or Dr.Priyamvada Singh, IHAT, Rajasthan

Mr.Akhil Kumar Jain, Member Administration, NHAI

Dr.Sundar Sundararaman, Freelance Consultant

Dr. K. Sudhakar, CDC, New Delhi

Mr. Manoj Gopalakrishnan, Chief Executive Officer, HLLFPPT, New Delhi

Dr. Rajesh Kumar, SPYM, New Delhi

10. Director, V.V. Giri National Labour Institute (NLI), Noida

11. Dr.Smarajit Jana, National Consultant, United States Agency for International Development

12. Mr. S.M. Afsar, Project Coordinator, International Labour Organization

13. Mr. R. Elango, President, INP+, Chennai

14. Sh. O.P.Aggarwal, All India Motor Transport Congress, Delhi

15. Mr. T. K. Malhotra, Federation of Indian Automobile Association

16. Representative from Population Services International, New Delhi

17. Representative from Transport Corporation of India

INTRODUCTION : MIGRANTS

The purpose of these guidelines is to ensure the delivery of quality HIV prevention interventions to high risk migrant

populations in India. The guidelines outline standardised operating procedures for implementing comprehensive HIV

prevention services for migrant populations.

These guidelines have been developed with the following audience in mind:

(1) State AIDS Control Societies



(2) Technical Support Units



(3) Implementing partners (Non-Governmental Organisations or Community Based Organisations)

It is recommended that all organisations using these guidelines consider each of the

proposed elements in the context of the organisation’s current environment and other

relevant guidelines such as Non-Governmental Organisation or Community Based

Organisation Guidelines, National AIDS Control Organisation, March 2007 and Guidelines

on Financial and Procurement Systems for Non-GovernmentalOrganisations or

Community Based Organisations, National AIDS Control Organisation, March 2007.

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1.1

RATIONALE FOR TARGETED INTERVENTIONS AMONG MIGRANTS:

1.1.1 Role of Migration in HIV Transmission

An important source of HIV related vulnerability is mobility and migration, mobility being defined as a change of location

and migration being defined as a change of residence.

India, home to the third highest number of HIV positive people in the world, is characterised by widespread and fluid

migration and mobility. More than 2 million Indians do not live in the place of their birth. While mobility in other parts of the

world is inhibited by national boundaries, there are few land masses the size of India with such a good transport

infrastructure as this country.

Once migrants reach their destination, language and other difficulties lead to feelings of discontinuity and transition that

enhance loneliness or sexual risk taking. Such risk taking may be reinforced by a lack of HIV or AIDS awareness,

information and social support networks at both source and destination points, which cumulatively contribute to a

migrant’s vulnerability.

Back home, spouses of migrants are also vulnerable to HIV if their husbands return on a regular basis and have become

infected with HIV. Some wives also have their own sexual networks during their husband’s absences.

It is important to note that not all migrants are at equal risk of HIV. It is those men who are part of sexual networks at

their destinations – either with Female Sex Workers or with other men (Men Who Have Sex with Men) or

Transgenders – who are more prone to HIV infection. Similarly, those female migrants who take up transactional sex

at destination locations are at greatest risk of HIV.

1.1.2

Definition of Migrants for Targeted Intervention Purposes

Classification of migrants from an HIV vulnerability perspective is based on the following key criteria:

(a) Intersection with high risk sexual networks;

(b) Pattern, degree and duration of mobility and migration;

(d) Whether moving singly or with family;

(e) Route of migration;

(f) Destination of migration.

Based on these criteria, the definition of migrants is:

Single men and all women in the age group of 15 to 49 years

who move between source and destination within the country once or more in a year.

Those who return to their source location at regular intervals are called “circular migrants”.

DEFINITION OF MIGRANTS FOR TARGETED INTERVENTIONS UNDER NATIONAL

AIDS CONTROL PROGRAMME III

From an HIV programming perspective under National AIDS Control Programme III,

migrant Targeted Interventions:

(a) Are destination interventions for in-migrants (i.e. at the point of destination) and not at

the source

(b) Are to focus on high risk migrant men and women (i.e. those who are part of high risk sexual

networks, either as clients of sex workers and high risk Men Who Have Sex with Men, or as sex workers

themselves).

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[PART II—SEC. 3(ii)]

Note: Interventions at the “source” villages or towns or States (i.e. for “outmigrants”) do not fall

under Targeted Interventions for migrants; if at all, they are covered under other schemes (e.g.

Link Workers).

1.1.3

Significance of the Bridge Population in HIV Epidemics:

The broader transmission of HIV beyond High Risk Groups (which include Female Sex Workers, Men Who Have Sex with

Men and Transgenders, Injecting Drug Users) often occurs through their sexual partners, who also have lower risk sexual

partners in the “general” population.

(a) For example, a client of a sex worker might also have a wife or other partner who is at risk of acquiring HIV from her

higher risk partner;

(b) And a migrant woman who engages in sex work at her destination point may return to her spouse or partner at

home, putting him at risk of HIV infection.

Individuals who have sexual partners in the highest risk groups as well as other partners of lower risk (general population)

are called a “Bridge Population”, because they form a transmission bridge from the key population to the general population.

Men are an important Bridge Population in HIV epidemics for several reasons:

(a)

Men are more likely to have multiple partners than women;

(b)

Men influence the ‘demand’ side of sex work which determines the size and distribution of sex worker populations at

destinations.

This is illustrated in Figure 1.1. In this pattern of epidemic transmission, it is most effective and efficient to target prevention

towards the High Risk Group and Bridge Population members to keep their HIV prevalence as low as possible.

Figure 1.1 Illustration of an HIV Transmission Network

“General”

Population

“General”

Population

“General”

Population

“General”

Population

“General”

Population

“General”

Population

“General”

Population

“General”

Population

“General”

Population

“General”

Population

Bridge

High Risk

Groups

Bridge

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1987

High risk migrants who are targeted through Targeted Interventions are thus either in the Bridge Population category– that

is as clients of High Risk Group members (e.g. Female Sex Workers, Men Who Have Sex with Men, Injecting Drug Users) –

or are High Risk Group members themselves (as Female Sex Workers, Men Who Have Sex with Mens or Injecting Drug

Users). Migrant interventions will focus on providing services to bridge population high risk men. Any migrant identified as

an High Risk Group member can be referred to the nearest.

Targeted Intervention for that risk group.

1.1.4

Sources of Risk and Vulnerability for Male Migrants

(a) Relative freedom in the new setting as well as peer pressure to experiment with new norms;

(b) Distress migration driven by seasonal drought or disasters;

(d) Having disposable income, clubbed with limited choices for affordable entertainment and recreation. This usually

means drinking and, sometimes, drugs as well as sex with Female Sex Workers and other casual sex

relationships.



1.1.5

Sources of Risk and Vulnerability for Female Migrants

(a)

Poverty (usually reason for migrating in the first place) makes women more vulnerable to being pushed in to

sex work at their destination to supplement their earnings;

(b)

Lack of HIV and AIDS awareness, information and social support networks at both source and destination

points;

(c)

Loneliness, drudgery and long periods of separation from family or spouse or sexual partner;

(d)

Limited or no skills to cope with the overall pressures and environment at destination places. This may lead to

behaviours associated with risk for HIV infection, i.e. drinking and sometimes drugs as well as sex with male

colleagues, casual sex relationships or sex work;

(e)

Risk of being trafficked along the way and the risk of sexual exploitation, violence or harassment by sexual

network operators or local power structures or by colleagues or supervisors or contractors in the workplace;

(f)

Lack of knowledge and negotiation skills make it difficult for women to negotiate condom use with their

husbands and other sexual partners;

(g)

Lack of decision making power and reticence about seeking Sexually Transmitted Infection treatment often

lead to a suppressed demand for health services even when the need is obvious. This results in prolonged

untreated Sexually Transmitted Infections and increases the risk of HIV infection;

(h)

Lack of awareness of policies and laws which promote women’s rights to reproductive and sexual health and

equal access to education and information on health care.

1.2 CONSIDERATIONS FOR MIGRANT PROGRAMMING:

1.2.1

Targeting High Risk Migrant Men:

India’s male migrant population is very large and diverse, and since only a small proportion can be reached with HIV

programmes the focus should be on those at highest risk.

Figure 1.2 illustrates two main strategic issues:

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[PART II—SEC. 3(ii)]

(a)

First, only a proportion of all sex worker clients are migrants. This proportion will vary

by location.

(b)

Second, most migrants are not clients of sex workers (either Female Sex Workers

or high risk Men Who Have Sex with Men).

Male Clients

Targeted

ntervention

Figure 1.2. Population Approach to Targeted Interventions for Migrant Men

Therefore, the emphasis of the Targeted Intervention strategy for male migrants should be on the subset of men who are

both migrants and part of high risk sex networks, usually as clients of Female Sex Workers or of high risk Men Who

Have Sex with Men.

Since many men who have sex with Female Sex Workers, high risk Men Who Have Sex with Men and Transgenders also

have other partners, both male and female, focused interventions for these Bridge Populations are strategically critical to

controlling the HIV epidemic.

This focused intervention approach is indicated in Figure 1.2. This approach ensures that the intervention is cost-effective,

since resources will be directed to where HIV prevention is most critical.

This approach requires the gathering of strategic information on both the location of large concentrations of male migrants

and their interaction with local Female Sex Workers or high risk Men Who Have Sex with Men as clients, or in the case of

female migrants, their participation in transactional sex.

Mapping exercises (see Chapter 2 below) can identify the confluence of migrant men with High Risk Group networks to

keep interventions focused on those migrant men who are actually at risk and on the locations where risk occurs.

1.2.2

Targeting High Risk Migrant Women

As discussed above, female migrants are largely at risk due to the possibility of engaging in transactional sex, either through

coercion or to supplement their income. To that extent, high risk migrant women are entitled to receive the same package of

services as female sex workers. The needs assessment conducted at the start of the project should share information on

known high risk female migrants with the closest Non-Governmental Organisation implementing Targeted Interventions for

female sex workers so the Non-Governmental Organisation can plan to include them in services.

1.2.3

Linking Migrants at Source and Destination Points

In spite of the fact that migration is a continuum with different stages – source, transit, and destination point – the bulk of

HIV related migration programming is directed as Targeted Interventions towards migrants in their urban destinations. As a

result, where migrants come from, how they travel and the situation of their families left behind remain largely unaddressed

by standalone destinationbased interventions. This means that migrants’ emotional, social and support needs before

departure, during travel, and in the destination State/s are difficult to meet. Destination-based programmes often have

Outreach Workers who speak different languages and have different cultural backgrounds.

There is therefore a strong need and a rationale for establishing effective linkages between source and destination

programmes. An engaged source State can motivate and support destination States to address specific migrant

sub-populations under their HIV prevention and care programmes, e.g. Rajasthani or Bihari or Gujarati or Kannada

migrants. Based on the mapping data from destination States (shared with the source State AIDS Control Society by the

destination State AIDS Control Society), the State AIDS Control Society should take the responsibility of covering migrant

wives or sexual partners, through link workers and as part of broader State AIDS Control Society -supported HIV or AIDS

initiatives in the major pockets of high outward migration.

Such links between source and destination programmes are most efficiently established through a Memorandum of

Understanding between the State AIDS Control Society of the destination and source States (an Memorandum of

Female

Male Migrants

Sex

Workers

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1989

Understanding may be signed between two State AIDS Control Society or a group of State AIDS Control Society). An

Memorandum of Understanding provides a constructive framework for HIV prevention intervention by developing a

coordination mechanism assuring the required support for the interventions. See Paragraph 2.2.2.B for more information.

1.2.4

Intervention Package for High Risk Migrants Covered under Targeted Interventions

The intervention package for high risk migrants is outlined below and detailed further in the operational guidelines.

Outreach and Communication

Peer-led, Non-Governmental Organisation -supported outreach and Behaviour Change Communication

(a)

Differentiated outreach based on risk and typology;

(b)

Large-group format activities (e.g. street theatre, games, etc.);

(c)

Interpersonal Behaviour Change Communication.

Services

(a)

Promotion of condoms;

(b)

Linkages to Sexually Transmitted Infection (sexually transmitted infection) services and other health services

(e.g. Integrated Counselling and Testing Centre, Antiretroviral Therapy, drug or alcohol de-addiction);

(c)

Strong referral and follow-up system.

Enabling Environment

(a)

Advocacy with key stakeholders or power structures;

(b)

Linkages with other programmes and entitlements.

Community Mobilisation

(a)

Building capacity of migrant groups to assume ownership of the programme;

(b)

Project centres.

CHAPTER 2

Operationalising Targeted Interventions for Migrants:

Guidelines for State AIDS Control Society and

Technical Support Unit

TABLE OF CONTENTS

2.1 MAPPING MIGRANT COMMUNITIES – GEOGRAPHIC MAPPING, SIZE ESTIMATION AND

SITE ASSESSMENT

2.1.1 Identifying Intervention Areas

A. Step 1: Review and analysis of existing data sources Data analysis

Risk assessment study

B. Step 2: Supplemental mapping

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Preliminary mapping (Identifying sub-pockets of risk) Detailed mapping (Identifying locations and

populations for intervention) Understanding source areas for migrants

2.2 Recruitment and Capacity Building

2.2.1

Contracting Non-Governmental Organisations for Targeted Interventions

2.2.2Roles of Partner Agencies

A. National AIDS Control Organisation

B. State AIDS Control Society

Advocacy with Government departments

Advocacy for workplace policies and programmes

Linking programmes in destination and source State AIDS Control Society

Engage industry or workplace institutions, employers’ associations, other allied organisations and

structures

C. Non-Governmental Organisations and other implementers (including workplace Non-Governmental

Organisations)

D. Other Government departments

E. Core group Targeted Intervention partners

F. Social Marketing Organisations

G. Other development agencies

H. Summary table

2.2.3 Capacity Building

A. Linkages with other HIV programmes

B. Capacity building approaches

At State AIDS Control Society level

At implementing agency level

Steps in Mapping and Non-Governmental Organisation Selection

Estimating the extent and nature of HIV risks and

vulnerabilities among migrants through mapping



Recruitment and capacity building

(a)

Review of existing data sources



(b)

Risk assessment study

(c)

Supplemental mapping

(a) Contracting Non-Governmental Organisations or other

implementing agencies



(b) Roles of partner agencies

Organisations and State AIDS Control Society

2.1

MAPPING MIGRANT COMMUNITIES – GEOGRAPHIC MAPPING, SIZE ESTIMATION

AND SITE ASSESSMENT

2.1.1

Identifying Intervention Areas

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A. Step 1: Review and analysis of existing data sources

This is done through a state-level analysis to locate large pockets of migrants, and a risk assessment study to ascertain if

there are significant numbers who are at risk for HIV.

Data analysis

Analyse data from National Sample Survey, Census and National Commission of Rural Labour to map major pockets of

migrants in the state, where there are 5,000-10,000 single-male circular migrants (as defined in Paragraph 1.1.2 above)

living within a radius of 5-10 kilometres. This process should be undertaken by the State AIDS Control Society of the

destination states. The review and analysis should be shared with the potential partner agencies to facilitate their

understanding and enable them to move on to the next stage.

Risk assessment study

Contract an agency (preferably a local one and backed by Technical Support Unit) to conduct a risk assessment study to

decide if these migrants are at risk based on the following criteria:

Had sex with a non-regular partner in the last 12 months

Different types of sexual partners for the risk population

Profile of risk population

Condom-related indicators

Proportion who suffered from Sexually Transmitted Infections in the last 12 months

Proportion who sought treatment from a qualified practitioner for Sexually Transmitted Infections

Proportion who feel it is important to know HIV status

Proportion who intend to get themselves tested

Proportion who feel at high risk with a female partner if they have sex in exchange for money or in kind

10. Proportion who have correct knowledge about the modes of HIV transmission

Annexure 1, Risk Assessment provides details on the types of interviews conducted, sample size, etc.

This exercise will provide details as to which “slums” or “migrant areas” require intervention, if any.

Unless the risk assessment study finds that the population in a given area is at

GREATER risk than the average male population (defined in terms of the criteria

above), there is no need for a Targeted Intervention there.

For example, the National Behavioural Surveillance Survey 2001 indicates that ~10% of Indian men have had

sex with a non-regular partner in the last 12 months. For migrant interventions to be necessary for a given

population, this percentage must be much higher – e.g. in Dharavi this figure was >40% (according to a survey

by Population Services International).

B. Step 2: Supplemental mapping

When no information exists, or it is not available through the state-level analysis of large pockets of migrants, a

mapping and situation assessment should be conducted with the following considerations in mind:

(i)

Geographic approach – High risk sexual networking is often geographically clustered and is

frequently linked directly to a range of vulnerable populations including migrants. Mapping should therefore

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[PART II—SEC. 3(ii)]

identify priority locations for initiating and scaling up Targeted Interventions for all vulnerable populations.

Moreover, this information should be augmented by a comprehensive situation and needs assessment for

the local planning of supportive services such as condom promotion, voluntary counselling and testing,

Sexually Transmitted Infection services and care, treatment and support. By prioritising locations, the full

range of prevention, care and support services can be clustered more appropriately to enhance efficiencies

and integration of programme components needed for any migrant intervention.



(ii)

Need to focus on large “catchment” areas for efficient programming – Migrant

programmes at destination should cover geographic areas which contain concentrations of migrant

populations in conjunction with sex work concentration. It is therefore important to map pockets or villages or

slums which have a high concentration of circular migrants (as opposed to relocated migrants) and overlay

this mapping on sex worker concentration data from Targeted Interventions with Female Sex Workers.

The emphasis of the mapping exercise for migrant Targeted Interventions should be on identifying migrant

men and women who form a part of high risk sexual networks, usually as clients of sex workers or high risk

Men Who Have Sex with Men or Transgenders or as practising sex workers themselves.

Mapping focuses on three kinds of intervention sites:

(a)

Hotspots (points of sex solicitation);



(b)

Prioritised industry or workplace centres;



(c)

Large residential centres.

A dual-layer location mapping (preliminary and detailed) is required to identify sub-pockets of risk within larger

locations and to gather information for intervention purposes.

Preliminary mapping (identifying sub-pockets of risk)

Preliminary mapping provides a general overview of the entire geographic area and is the basis for the refined methods and

tools necessary for a detailed mapping study. Mapping is to be done by Outreach Workers who are given training in the

methodology, preferably by Technical Support Unit by an agency hired by State AIDS Control Society. Preliminary mapping

will include a geographic area overview and interviews with Key Informants to help identify:

(i)

Congregation points of high risk men

(ii) Presence of sex workers

(iii) Presence of elements such as video parlours, youth clubs or mandals, Non-Governmental Organisations,

temples, hotels, lodges, bars and movie theatres that could be vantage points for target-efficient field

communication

The Key Informants in each area include shopkeepers, cinema hall employees, slum residents, housing colony residents,

slum development officers, municipal corporation officers, private doctors, government hospital doctors, Non-Governmental

Organisations, industry employers and employees, labour contractors, bar owners and clientele, railway station masters and

bus depot in-charges.

See Annexure 2, Mapping Methodology and Annexure 3, Preliminary Mapping.

Detailed mapping (identifying locations and populations for intervention)

Detailed mapping is needed in order to ensure a target-efficient, streamlined intervention among migrant workers. This study

will:

(i)

Assess the target group size of high risk migrant men and women

(ii) Identify target-efficient hotspots or strategic locations

(iii) Determine possible range of communication activities to be conducted at the identified hotspots

(iv) Assess the presence of sex workers in the area along with the type of sex work and the typology of the sex

workers

The detailed mapping study will be done by Outreach Workers, preferably trained by the Technical Support Unit or an

agency hired by the State AIDS Control Society, using three primary components:

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1993

A detailed mapping tool that provides information on target group size as well as congregation

points of high risk men and women (see Annexure 4,Detailed Mapping).

An Female Sex Workers assessment that provides information on sites of sex work as

hotspots for field communication activities and services (see Annexure 5,Female Sex Workers

Assessment).

A screening of mandals or youth clubs and video parlours or other sites that

provides information on high risk men and women who are part of sexual networks. Also the potential

types and frequency of field communication activities (see Annexure 6,Hotspot Screening

(Owners)and Annexure 7, Hotspot Screening (Patrons)).

Understanding source areas for migrants

While conducting mapping at the destination sites, an attempt should be made to identify source States, including the details

of village or town or District clusters. This information should be communicated to the State AIDS Control Society of the

source State to facilitate outreach to the migrant spouses or sexual partners back home and to returning migrants. See

Paragraph 1.2.3 for more information.

Tools

Annexure 1

Risk Assessment

Annexure 2

Mapping Methodology

Annexure 3

Preliminary Mapping

Annexure 4

Detailed Mapping

Annexure 5

Female Sex Workers Assessment

Annexure 6

Hotspot Screening (Owners)

Annexure 7

Hotspot Screening (Patrons)

2.2 RECRUITMENT AND CAPACITY BUILDING

2.2.1

Contracting Non-Governmental Organisations for Targeted Interventions

Non-Governmental Organisations and other implementing agencies (e.g. unions, registered youth groups) will be contracted

to implement Targeted Interventions for a population of at minimum 5,000 migrants.

Non-Governmental Organisations or other implementing agencies should be selected and contracted based on the mapping

and situation assessment findings and National AIDS Control Organisation’s Non-Governmental Organisation or Community

Based Organisation Guidelines. Preference may be given to Non-Governmental Organisations or organisations that are

already working with migrant communities in urban slum areas on other issues (such as water and sanitation, other basic

urban services health, literacy or education, etc.), since they have familiarity and access to migrants and have gained their

trust.

The Non-Governmental Organisation is to hire staff as per the following ratios:

(a) Volunteer Peer Leaders at a ratio of 1 Volunteer Peer Leader to 100 migrants;



(b) Outreach Workers at a ratio of 1 Outreach Worker to 10 Volunteer Peer Leaders;



(d) Coordinator at a ratio of 1 coordinator to 5 Outreach Workers;



(e) One part-time doctor for clinic;



(f)

One counsellor;



(g) One part-time accountant.

The Outreach Workers and Volunteer Peer Leaders will receive proper induction training covering all aspects and

components of migrant programming, including the social marketing of condoms. The details of capacity building needs and

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[PART II—SEC. 3(ii)]

planning for the same are described in Paragraph 3.1.2.D (refer also to Section 8 of the Non-Governmental Organisation or

Community Based Organisation Guidelines, National AIDS Control Organisation, March 2007).

The following table summarises the coverage and personnel or volunteers ratio under a migrant Targeted Intervention:

Migrant Coverage

Volunteer Peer Leaders:

Migrants

Outreach Workers:

Volunteer Peer

Leaders

5,000 Migrants

(minimum unit for the migrant

Targeted Intervention)

1:100

50 Volunteer Peer Leaders for coverage

of 5,000 Migrants

1:10

5 Outreach Worker for

coverage of

5,000 Migrants

2.2.2 Roles of Partner Agencies

A. National AIDS Control Organisation

(a)

Advocate with key funding sources to ensure that all infrastructure development projects incorporate a clause

for construction and other contractors to provide HIV or AIDS prevention and referral services (as was done in

the case of certain projects implemented by the World Bank or Asian Development Bank); Dialogue with

Labour Department or Ministry for systematic data collection on migration (as part of the larger mainstreaming

agenda with the Labour Department or Ministry);

(b)

Through Panchayati Raj Institutions, facilitate the active maintenance of the “migration register” at village level.

This can be done at all Panchayats;

(c)

Coordinate information sharing between State AIDS Control Society to enable coverage of known source

locations through link workers.

B. State AIDS Control Society

Advocacy with Government departments

Government departments play a critical role in both service provision and addressing the underlying causes of distress

migration. Safe migration is a factor of informed choice. Much is being done for provision of information on HIV or AIDS, safe

sex, available services, etc., but very little on improving choices for migrants, especially in the source areas. Based on

mapping of high out-migration areas, State AIDS Control Society must advocate with concerned government departments to

implement programmes for livelihoods, self- employment, micro-credit, vocational training, etc. in line with their comparative

strengths. This could include government departments such as Panchayati Raj Institution, Rural Development, Horticulture,

Khadi and Gramodyog, Department of Women and Child, Education (vocational and skill based), etc.

Advocacy for workplace policies and programmes

As per National AIDS Control Organisation’s letter issued to all State AIDS Control Society in April 2006, State AIDS Control

Society should link with small- and large-scale employers of migrants to advocate for workplace policies and programmes

(see Annexure 8,HIV or AIDS Workplace Policies). A large number of industries or workplaces engage

migrant workers as regular and part-time workers. These may include clusters of small industries or workplaces (e.g. Pimpri

Chinchwad near Pune, Wazirpur and Bhwari near Delhi) or large industrial houses such as Jindals, Reliance, Jubilant

Organosys which are located in remote areas and require workers to migrate to those locations on a short-term basis.

While the large industries or workplaces have a Corporate Social Responsibility strategy, few of them include HIV or AIDS in

this. Possible actions with medium and large industries or workplaces include:

(a)

Development and implementation of workplace policies to protect their workforce from HIV or AIDS and

provide care and support to those infected;

(b)

Advocacy to include HIV or AIDS services into their Corporate Social Responsibility strategy, including

provision of outreach, prevention and care services in their catchment areas. Best-practice examples of HIV or

AIDS policy for the workplace from Gujarat Ambuja and TCIL are included in Annexure 8. For smaller

industries or workplaces, activities will include:

(c)

Mapping of industry or workplace clusters (with initial cues from business organisations such as Rotary and

Lions Clubs which have membership from smaller industries or workplaces);

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(d)

Advocating with senior management of these workplaces to undertake sensitisation of workers;

(e)

Since most of the workers in smaller industries or workplaces are temporary, there is much less commitment

towards workers’ welfare. An alternative plan is to contract Non-Governmental Organisations to run awareness

programmes for the workers (e.g. HIV & YOU model of United Nations Development Programme);

(f)

Establish referral linkages with public and private sector providers for Sexually Transmitted Infection,

Integrated Counselling and Testing Centre, care, and treatment services.

Linking programmes in destination and source State AIDS Control Society

A Memorandum of Understanding between State AIDS Control Society provides a perfect structure for the pooling of

information and resources. This is beneficial to both states and helps reach those at most risk at both source and

destination, for example, in-migrants and their sexual partners in the destination State, and returning migrants and their

sexual partners in the source State. The data of migrant mapping at the destinations will also provide information on the

migrants’ source States or regions or Districts or Blocks. This information should be shared with the source State to facilitate

outreach to returning migrants and to their spouses or sexual partners back home. At the same time, Outreach Workers

who speak the migrants’ own language and dialects may be provided to the destination States from the source State

(through State AIDS Control Society orNon-Governmental Organisations). Further advantages of this strategy include:

(a) A linked programme enables a holistic approach that includes both migrant and spouse or

sexual partner and the extra-marital relationships of both. Outreach to migrant spouses can be done through

the ongoing HIV prevention and care programmes in the source state by engaging link workers and

community-based structures;

(b) Linked programming provides a framework for understanding the complete context

within which migration operates: the push factors of out-migration, the cycle of leaving and

returning, the flow of funds, sexual networking at destination and source, and the living and working

environment of migrants at destination. Linked programming provides vital and powerful information with

regard to the nature of HIV risk and vulnerabilities in both destination and source States;

under National AIDS Control Programme III are designed and executed at destination locations, source states

can collect and provide information to monitor and evaluate the degree of success of these interventions

(particularly on health seeking behaviours, condom use by returning migrants with spouses or sexual partners

at home and some of the proxy indicators of reduced vulnerability of migrants going out). Again, this will be

done through the ongoing HIV prevention and care programmes in the source State by engaging link workers

and community-based structures;

(d) Integrate HIV into ongoing work of Non-Governmental Organisations: Integrating HIV

interventions into the ongoing work of Non-Governmental Organisations rather than having stand-alone

initiatives can be an effective strategy to address issues of basic human rights, including the rights of migrants

or workers at destination and issues of stigma and discrimination. In addition, establishing links with other

government programmes that benefit migrants in both source and destination States can facilitate the

realisation of their rights and entitlements, reduce their vulnerabilities and improve their overall quality of life;

(e) Communication material sharing: A linked programme provides the cultural affinity that is

necessary for providing support to “strangers in a strange land”. For example, Information, Education and

Communication or Behaviour Change Communication materials in the migrant’s home language can easily be

obtained from the source States.

Engage industry or workplace institutions, employers’ associations, other allied organisations

and structures

These stakeholders should be engaged to develop and implement policies that reduce the vulnerability of migrants and

promote accessibility of services. They could follow the same guidelines for a workplace policy as described in Paragraph

2.2.2.B. Key responsibilities at this level include:

(a) Development of healthy workplace policies for migrants that reduce their vulnerability to HIV;

(b) Incorporation of education programmes for migrant labourers at an early stage of induction into the industry to

provide them with perspectives, information and skills to reduce their HIV-related vulnerability and risk.

C. Non-Governmental Organisations and other implementers (including workplace Non-

Governmental Organisations)

(a)

Identification of migrant pockets;

(b)

Being part of State AIDS Control Society programme;

(c)

Hiring of project staff;

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[PART II—SEC. 3(ii)]

(d)

Mainstreaming activities;

(e)

Monitoring of projects;

(f)

Community development and empowerment;

(g)

Local advocacy programme.

D. Other government departments

(a)

Sharing information and knowledge on migrant population;

(b)

Integration of HIV or AIDS programme in ongoing interventions.

E. Core group targeted intervention partners

(a)

Working with sexual partners of migrant population

(b)

Coordination with Non-Governmental Organisation implementing programme and Social Marketing

Organisation

F. Social marketing organisations

(a)

Coordination with migrant Targeted Intervention implementing partners;

(b)

Provision of condom supply and chain management for Targeted Intervention;

(c)

Capacity building of Non-Governmental Organisation project staff and Volunteer Peer Leaders in condom

promotion.

G. Other development agencies

(a)

Mainstreaming HIV or AIDS through network-based approach;

(b)

Meeting other needs of migrant population through resource provision;

(c)

Coordination with Non-Governmental Organisation implementing Targeted Intervention project;

(d)

Sharing knowledge, resources and skills for community development.

H. Summary table

The following table summarises the overall role of each agency in setting up migrant Targeted Interventions:

Steps in

Intervention

Actions and Agency Responsible

National AIDS

Control

Organisation

State AIDS

Control Society

or Technical

Support Unit

Non-

Governmental

organisations

and Other

implementers

Other government

departments

Core group

Targeted

Intervention

partners

Social

Marketing

agencies

Other

development

agencies orState AIDS

Control Society at

source

(1) Desk review of

existing information

(1) Hire

consultants or

agency

(2) Compile data

(3) Database

preparation

(1) Provide

available

information

(1) Provide

available

information

(1) Provide

available

information

(1) Provide

available

information

(2) Supplemental

Mapping if required

(1) Develop

standardised

protocol

(2) Resource

allocation

(1) Hire

consultants or

agency

(2) Develop Terms of

Reference

(3) Monitor

mapping

studies

(1) Facilitate

mapping in

respective

geographic area

(1) Provide

available

information

(1) Provide

available

information

(1) Provide experts

(2) Share

experience of

similar exercises in other

programmes

(3) Selection of

partners (Non-

Governmental

Organisation,

Corporate houses,

Social Marketing

Organisations)

(1) Guidelines for

partner

selection

(1) Advertise for

project allocation

(2) Develop

guidelines

and appraisal

system

(1) Implement

projects

(1) Provide

information

on good

agencies

(1) Implement

projects

(1) Coordinate with

Non-Governmental

Organisations

(1) Provide list of

networks of

Non-Governmental

Organisations

(4) Contracting Non-

Governmental

Organisation

(1) Develop

protocol

for contracting

(1) Develop

contracts

(2) Monitor

contracts

(5) Orientation of

(1) Provide

(1) Participate in

(1) Provide

(1) Share

(1) Provide

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1997

Steps in

Intervention

Actions and Agency Responsible

National AIDS

Control

Organisation

State AIDS

Control Society

or Technical

Support Unit

Non-

Governmental

organisations

and Other

implementers

Other government

departments

Core group

Targeted

Intervention

partners

Social

Marketing

agencies

Other

development

agencies orState AIDS

Control Society at

source

Project team by

State AIDS Control

Society or Technical

Support Unit

technical

support and

expertise

(2) Develop

capacity

building plan

capacity building

exercise’s

resource

persons and

material

experience

and

information

on migrants

clients and

networks

resource

persons

and

material

information on

different

approach of

community

participation,

resource

mobilisation

(6) Stakeholder

advocacy

(1) Advocacy

with central

government

department

(1) Hire experts

for developing

framework

(1) Identify

stakeholders

(2) Advocacy

programme

implementation

(1) Facilitate

linkages and

programme

mainstreaming

Allocate

resources

(1) Implement

(1) Facilitate

(1) Mainstreaming

linkages HIV or AIDS in

other

developmental

programmes

(7) Provision of

services

(1)Guidelines

for service

provision

(2) Resource

Allocation

(1) Channel

programme

services

(8) Ongoing capacity

Building

(1) Document

and share

experience

at national

level

(1) Develop

plan,

resource

mobilisation

and

monitoring,

networking

(1) Participate in

programmes and

feedback on

usefulness of

programmes

(2) Suggest non

conventional

ways of capacity

building

(3) Mentor new

organisation

(9) Reporting

(1) Uniform

reporting

system

development

(1) Establish and

develop system

(2) Monitor the system

(3) Revision of the

system

(1) Follow system

(2) Monitor

programme based

on system

(1) Establish

formal system

of reporting of

activities

implemented

for HIV or AIDS

(1) Follow

system

(2) Monitor

programme based

on system

(1) Share

The activities

undertaken

(1) Share the

activities

undertaken

(10) Monitoring

(1) Set state-

level programme

indicators

(1) Develop

internal system

of project

monitoring

(11) Evaluation

(1) Mid-term

evaluation of

programme

(1) Contract Agencies

(2) Develop protocol

Refer also to Section11 (“Who will do what?”) of Non-Governmental Organisation or Community Based Organisation

Guidelines, National AIDS Control Organisation, March 2007.

Tools

Annexure 8Model HIV or AIDS Workplace Policies

National AIDS Control Organisation Non-Governmental Organisation or Community Based

Organisation Guidelines

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1999

A. Linkages with other HIV programmes

In addition to HIV-specific technical areas, project staff should acquire more general skills enabling them to implement and

manage interventions, such as conducting assessments, project planning, budgeting, Monitoring and Evaluation.

Different departments within State AIDS Control Society should work in coordination with each other. In the rapidly changing

environment of HIV, their training requirements may vary. These may include the following issues:

(a)

Structures, policies and procedures;



(b)

Good governance, management and decision making;



(c)

Management information systems and institutional learning;



(d)

Critical analysis and strategic thinking;



(e)

Human and financial management systems;



(f)

External relations and partnership building;



(g)

Resource mobilisation.

B. Capacity building approaches

Conventional and non-conventional capacity building approaches should be encouraged at all levels.

At State AIDS Control Society level

(a)

Capacity building needs assessment for the State;

(b)

Generation of capacity building resource pool of institutions and individuals;

(c)

Development of training modules;

(d)

Establishment of a regular capacity building input monitoring system;

(e)

Interstate 

(f)

Memorandum of Understandings and sharing of knowledge and resources.

At implementing agency level

(a)

Regular training programmes for mainstreaming HIV or AIDS intervention in other developmental

programmes;

(b)

Community development training programmes and activities.

CHAPTER 3

Implementing Targeted Interventions for Migrants:

Guidelines for Non-Governmental Organisations

TABLE OF CONTENTS

3.1

STEPS IN IMPLEMENTATION

3.1.1

Step 1: Stakeholder Analysis

Objectives

Defining stakeholders in migrant interventions

Primary stakeholders (target population) Secondary stakeholders Tertiary

stakeholders

Location of stakeholders

Prioritised industrial or workplace centres

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[PART II—SEC. 3(ii)]

Residential area of migrants

Hotspots

Cross-cutting stakeholders

When to do it?

Who will do it?

Steps in Stakeholder Analysis

Importance vs. influence

Participation matrix

3.1.2 Step 2: Peer Education

Role of the Volunteer Peer Leader

Selection criteria for Volunteer Peer Leaders

Identifying potential of Volunteer Peer Leaders

Capacity building strategy for Volunteer Peer Leaders

Materials required by Volunteer Peer Leaders

Sustainability of the Peer Education Programme

Recognition for Volunteer Peer Leaders

3.1.3 Step 3: Behaviour Change Communication

Mid-media

B. Interpersonal Communication

Contact strategy for Interpersonal Communication

Development of Behaviour Change Communication and Information, Education and

Communication materials

3.1.4

Step 4: Sexually Transmitted Infection Management

Planning for Sexually Transmitted Infection services

Referral services for other illnesses

Social marketing of Sexually Transmitted Infection services

3.1.5 Step 5: Condom Programming

Monitoring condom availability

Condom boxes

3.1.6

Step 6: Community Mobilisation – Safe Spaces for Migrants

3.1.7

Step 7: Creating an Enabling Environment

3.2

Programme Management

3.2.1

Service Package

3.2.2

Operational Strategy and Implementation Plan

3.2.3

Monitoring and Evaluation

Monitoring indicators

Evaluation indicators

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3.1 STEPS IN IMPLEMENTATION

3.1.1

Step 1: Stakeholder Analysis

Stakeholder Analysis is the identification of a project’s stakeholders and the assessment of their interests and the ways in

which these interests affect the programme’s risk and viability. It is conducted as part of an overall needs assessment (and

the overall process is hence often referred to by the acronym NASHA). The Stakeholder Analysis:

(a) Identifies ways of harnessing the support of those in favour of the intervention;

(b) Manages the risks posed by stakeholders who oppose the intervention;

objectives.

A. Objectives

The overall objective of Stakeholder Analysis is to ensure the participation of stakeholders at various levels of the

intervention for reaching the desired project impact and sustaining the desired changes. Stakeholder Analysis has the dual

benefit of interaction and rapport-building with the community when collecting information, while at the same time

contributing to partnership in programme implementation.

More specifically, an Stakeholder Analysis will help to:

(a)

Identify and draw out the interests of stakeholders in relation to the issues the programme is seeking to

address;

(b)

Capture local behaviours and perceptions within the intervention site that will allow more accurate and

effective communication activities to be designed;

(c)

Identify conflicts of interests between stakeholders which will influence the impact of the project and

manage these in such a way that maximum positive involvement is achieved from various stakeholders;

(d)

Identify relations between stakeholders which can be built upon, and enable strategic alliances of

sponsorship, ownership and cooperation;

(e)

Help to assess the appropriate type and role of participation by different stakeholders at successive stages

of the project cycle;

(f)

Identify the underlying causes of poor health among the target group and develop strategies in a

participatory way to address them;

(g)

Develop an enabling environment to sustain the desired positive behaviour changes introduced by the

programme;

(h)

Identify and promote the formation of community stakeholder groups and potential Volunteer Peer

Leaders.

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[PART II—SEC. 3(ii)]

The place of Stakeholder Analysis within the context of mapping and planning is seen in Figure 3.1.

NEEDS ASSESSMENT

TARGETED INTERVENTION

AREA

PROFILE

SOCIAL

GROUPS WITH

ANALYSIS OR

ECONOMIC

HIGH RISK

ANALYSIS OR

BEHAVIOUR

DEMO-

GRAPHIC

ANALYSIS

BEHAVIOUR

CHANGE

COMMUNICATION

ANALYSIS

CONDOM

DATA

ANALYSIS

Figure 3.1 Relationship between Needs Assessment or Stakeholder Analysis and Targeted

Intervention

Sexually

Transmitted

Infection

DATA

ANALYSIS

SAFER SEX

&CONDOM

USAGE

Sexually

Transmitted

Infection

TREATMENT

BEHAVIOURDET

ERMINANTS

STAKEHOLDER

ANALYSIS

ENABLING

ENVIRONMENT

[भाग II— ण् ड3(ii)]

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2003

B. Defining stakeholders in migrant interventions

Primary stakeholders (target population)

(a) High risk migrant men and women who are interact with

or are part of high risk sexual networks (Female Sex

Workers, Men Who Have Sex with Men orTransgenders);

(b) Spouses or sexual partners of migrants;

Secondary stakeholders

(a)

Placement agencies, brokers and others;

(b)

Families of high risk migrant men and women;

(c)

Families of migrants living with and affected by HIV and

AIDS;

(d)

Sexual network operators (Female Sex Workers, Men Who Have Sex with Men or Transgenders) and power

structures;

(e)

Health care providers (government and private, qualified, unqualified);

(f)

Non-Governmental Organisations, Community Based Organisations and other agencies implementing Tis;

(g)

Workers associations, employees unions, trade unions;

(h)

Infected and affected migrants, People Living with AIDS networks.

Tertiary stakeholders

(a) Industrial centres, informal workplace institutions, employers associations, other allied organisations and

structures;



(b) Community-level voluntary structures, e.g. migrants and youth forums or clubs, mandals, safe spaces or drop-in

centres for migrants (Spaces for Migrants);



Institutions), development functionaries;



(d) Non-Governmental Organisations, Community Based Organisations, CSOs;



(e) State AIDS Control Society in both source and destination states;



(f) National AIDS Control Organisation and the donor agencies.

C. Location of stakeholders

A separate needs assessment and Stakeholder Analysis has been envisaged for each type of intervention area

(prioritised industrial or workplace locations, large residential locations and hot spots) for undertaking Targeted

Interventions with high risk migrants. This exercise will yield relevant stakeholders, and depending upon the role

they might play, an appropriate strategy for their involvement may be designed.

Prioritised industrial or workplace centres

Working with the owners and social welfare officers of industrial or workplace centres is essential to create an enabling

environment for successful implementation of the project. Many such industrial or workplace centres engage various

contractors for labour and raw material supply, and these also form an important category of stakeholder as they have

greater influence on the migrant population. There may be canteens and dhabas in and around the workplaces, and their

owners can be tapped to reach out to the target population. Similarly, security agencies employed by the workplaces could

emerge as another stakeholder.

Residential areas of migrants

Some areas in the place of destination are obvious and well known living places for migrants, e.g. slums and temporary

shelters. A transect walk in these areas and conducting the Needs Assessment Stakeholder Analysis will help to locate

influential stakeholders such as kabadi shops, tea stalls and cigarette shops that can be involved in reaching out to the

target population. Often, unqualified private practitioners whom residents of slums and temporary settlements visit for their

day-to-day medical needs will be identified as key stakeholders.

Hotspots

Sometimes there are known hotspots where migrants congregate (e.g. sex worker hotspots, cinema halls). These can be

useful areas to identify possible methods of intervention (e.g. mid-media activities).

Placement agencies, brokers, dalals

who “source” migrants and supply them to

contractors form one of the main sets of

stakeholders

for

migrant

interventions.

Stakeholder Analysiss should clearly identify,

and advocate with, this critical power structure.

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[PART II—SEC. 3(ii)]

Cross-cutting stakeholders

Apart from separate stakeholders specific to each intervention site, there may be some “crosscutting” stakeholders whose

interests are not bound to a specific location. These include unions to which migrant populations are attached and without

whose help and support they often do not get jobs at the place of destination. Examples include riksha pullers unions, auto

drivers associations and traders associations (particularly in vegetable and grain mandis, etc.).

D. When to do it?

Stakeholder Analysis is a part of the needs assessment exercise. Once the area of intervention has been finalised the

needs assessment and Stakeholder Analysis will be conducted in turn. “Social sanction activities” are helpful to establish an

initial rapport with the community before Stakeholder Analysis is conducted, for example by organising mid-media activities

in the intervention areas.

Stakeholder Analysis involves participatory techniques such as social mapping, focus group discussion, in-depth interviews

or Key Informant interviews. See Annexure 9,Information Collection in Stakeholder Analysis.

E. Who will do it?

Outreach Workers and senior staff of the Non-Governmental Organisation along with some key stakeholders carry out the

Stakeholder Analysis.

It is important to note that the information or data collected by various needs assessment exercises like focus group

discussions, in-depth interviews, Key Informant interviews, transect walks will form the basis of the Stakeholder Analysis.

Since it is impossible to gather all stakeholders together, these groups should be met with separately in the initial stage of

the project. Through the Stakeholder Analysis, clarity about the various stakeholders’ roles in the project cycle will help to

ensure support based on mutually agreed expectations. Conflicting parties must know that the project objectives are the

binding force for meeting and interaction among stakeholders. A clear and transparent process will ensure that a

heterogeneous group of stakeholders gradually coalesces towards a common goal.

F. Steps in Stakeholder Analysis

(a) Draw up a “stakeholders table”;



(b) Identify stakeholders’ interests in the project and rank them according to their importance to the project’s success;



(d) Conduct a comparative analysis between stakeholders’ importance and influence;



(e) Plan their involvement in project cycle accordingly;



(f) Share the analysis with key stakeholders.

Importance vs. influence

Importance is distinct from influence. For example, there will be stakeholders, especially unorganised primary stakeholders,

upon whom the project places great importance. However, these stakeholders may have limited capacity to influence key

decisions. By considering influence and importance, stakeholders can be classified into different groups, which will help

identify the assumptions and risks which need to be managed through project design.

High

Importance

Low

High

Influence

(A)

(B)

Low

Importance

Low

High

Influence

(D)

(C)

INFLUENCE

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Box A: Stakeholders of high importance to the intervention, but with low influence. They require special initiatives if their

interests are to be protected.

Box B: Stakeholders of high importance to the intervention who can also significantly influence its success. Managers and

donors will need to develop good working relationships with these stakeholders to ensure an effective coalition of support

for the intervention.

Box C: Stakeholders with high influence, who can affect outcome of the intervention, but whose interests are not the

target of the intervention. These stakeholders may be able to block the intervention and therefore require careful

management.

Box D: Stakeholders who are of low priority but may need limited monitoring. They are unlikely to be the focus of the

intervention.

Those included in Boxes A, B and C are the key stakeholders in the intervention: they can significantly

influence it or are most important to the intervention’s objectives.

Participation matrix

The next step is to plan the extent and nature of the participation of stakeholders in different stages of the intervention (from

being informed about the intervention to being an active participant or a partner). A discussion with stakeholders based on

the findings of the influenceimportance matrix leads to a “participation matrix” to identify appropriate stakeholder

participation.

An example of a participation matrix is provided below to illustrate this point. In this matrix, certain stakeholders have been

ranked on importance and influence on a scale of 1 to 5, with 1 being the least important or influential and 5 being the most.

Stake-

Stakeholders

Ranking

Influence in the

Category of

holder No.

[examples]

according to

community as

Participation

importance

well as on the

Inform

Consult

Implement

Partner

migrants

Workplace owners

Placement agencies

Private Medical Practitioners

RikshaPuller

RikshaGarage Owner

Money Lenders

Dhabaowner

Tool

Annexure 9

Information Collection in Stakeholder Analysis

3.1.2

Step 2: Peer Education

Approach: The peer education approach for migrants differs in two critical ways from

the model for other Targeted Interventions under National AIDS Control Programme III.

Volunteerism: Peers are volunteers who engage in the project and are NOT paid honorariums or

salaries by the Targeted Intervention, unlike in the case of other Targeted Interventions. Volunteer Peer

Leaders are thus the basis of peer education for migrants.

Mid-media plays the central role in communications, not Interpersonal

Communication: While Targeted Interventions for other High Risk Groups focus on Interpersonal

2006 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Communication as the main mode of communication, mid-media is the core method of peer education

for migrants (as also with truckers).

Peer education is one of the most widely used strategies to address the HIV or AIDS pandemic. A peer is one of equal

standing with another, one belonging to the same societal group especially based on age, grade or status. The purpose of

Volunteer Peer Leaders is to ensure that High Risk Groups are reached and information on Sexually Transmitted Infections

and HIV or AIDS is shared with them to bring out a positive behaviour change. For Targeted Interventions to migrants,

Volunteer Peer Leaders are envisaged as volunteers from the migrant community.

Peer involvement is an effective way of reaching communities and affecting change in community norms. Volunteer Peer

Leaders are knowledgeable “insiders” in migrant settings, and their involvement enhances trust and communication.

Volunteer Peer Leaders are consequently a credible source of advice. They can be powerful role models and can help to

change social norms. Volunteer Peer Leaders also act as a link between migrant workers and Targeted Interventions,

facilitating local participation. Peer networking and the sharing of information often leads to community mobilisation around

issues of concern.

Objectives of Peer Education

(a) To contact and educate or sensitise a maximum

number of the target group through Interpersonal

Communication



(b) To increase the knowledge of the target group on

Sexually Transmitted Infections, HIV or AIDS and

condom use

behaviour and access health services through a

credible and acceptable channel of communication

Advantages of Volunteer Peer Leaders

(a)

Based at the project's working area



(b)

Have good rapport with the target audience



(c)

Belong to the same professional segment as the

High Risk Group



(d)

Are easily accessible to the primary stakeholders

round the clock

(e)

Can give sustainability to the project as they will

remain in the area even after the project graduates

out

A. Role of the Volunteer Peer Leader

Volunteer Peer Leaders are a link between project and migrant workers. Their main responsibilities are:

(i) Operational elements :



(a) Undertake risk assessment of migrant population in their area of operation based on criteriaof multi-partner sex

and history of Sexually Transmitted Infection status, and identify at-risk individuals for the purposes of the

Targeted Intervention. This can be done through one-to-one contacts. Volunteer Peer Leaders also need to

identify those migrants who overlap with high risk sex networks (either as sex workers or clients of sex workers);

(b) Link migrant workers with project services such as condoms, counselling and referral services,e.g. testing, care

and support, etc;



(d) Support condom promotion activities undertaken by Non-Governmental Organisation staff and or other

organisations

engaged for mid-media campaign for condom promotion;



(e) Mobilise the target group to participate in mid-media campaign activities, e.g. street plays, videoshows, slide

shows, infotainment, health camps, mobile exhibition, World AIDS Day programmes, etc. conducted by Non-

Governmental Organisation staff;

(ii) Behaviour Change Communication :



(a) Sharing information related to HIV or AIDS and safer sex practices with those migrants who are at risk of HIV;

(b) Use of Behaviour Change Communication materials for effective Interpersonal Communication to address myths

and misconception regarding HIV or AIDS;

(d) Education on condom usage: buying, storing, opening, using, and disposing;

[भाग II— ण् ड3(ii)]

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(e) Encourage migrants to maintain cleanliness and personal hygiene.

(iii) Sexually Transmitted Infections:

(a)

Create awareness among the migrant population of common symptoms of Sexually Transmitted

Infections and the need to seek appropriate treatment from qualified practitioners;

(b)

Support migrant workers in accessing Sexually Transmitted Infection treatment services (project-run or

referral services);

(c)

Remove myths and misconceptions related to Sexually Transmitted Infection;

(d)

Follow up Sexually Transmitted Infection patients and their partners wherever possible for treatment

compliance;

(e)

Mobilise migrants for health camps and related events in the areas;

(f)

Provide referral slips or cards.

(iv) Care and support:

(a)

Identify and support People Living with AIDS in the migrant workers area;

(b)

Help them to access treatment;

(c)

Link to other departments to provide psycho-social support.

(v) Advocacy:

(a)

Meet with community leaders identified through the Stakeholder Analysis and stakeholders for

sensitisation on HIV or AIDS and project activities;

(b)

Facilitate community resources for the project.

(vi) Linkages with HIV and other services:

(a)

Linkages with Antiretroviral Therapy centre;

(b)

Identification of early symptoms of Tuberculosis and referral to Directly Observed Treatment Short-

Course Chemotherapy;

(c)

Help them to access testing and Integrated Counselling and Testing Centres.



B. Selection criteria for Volunteer Peer Leaders

Following are key considerations for PE selection:

(a)

Must be of the same ethnic group as the migrant population;

(b)

Willing to work for the community on a volunteer basis;

(c)

Demonstrate self-confidence and show potential for leadership;

(d)

Good listening, communication, and interpersonal skills;

(e)

Understanding of the cause and committed to the goals of the project;

(f)

Knowledge of problems and difficulties of the community;

(g)

Should be acceptable among the target audience with whom they will work.

C. Identifying potential of Volunteer Peer Leaders

Based on some of the considerations above, the identification of context-specific Volunteer Peer Leaders for migrant

Targeted Interventions may proceed using the following list of examples:

(a)

Petty shop owners in and around the area where migrants work, congregate or reside, e.g. mechanic

shop owner, owners of small hotels which provide lunch and dinner for the target population, owners of

popular tea shops, paan and cigarette shopkeepers, etc.;

(b)

Members of various associations of migrant workers, e.g. riksha puller association, auto drivers

association, supervisors of those working as labourers at various mandis;

(c)

Contractors who supply labourers for skilled or unskilled work, including construction;

(d)

Social welfare officers of workplaces which employ migrant workers on a casual basis;

2008 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

The identification of Volunteer Peer Leaders should be initiated as part of project activities such as the Needs

Assessment and Stakeholder Analysis and determining individual migrants who are at most risk.

D. Capacity building strategy for Volunteer Peer Leaders

Working as a PE requires special skills, and it is important to build capacity on technical as well as operational

aspects of the project activities.

Capacity Building Structure

(a) Initial structured sessions

(b) Periodic refresher sessions

(d) Ongoing interaction and support for problem-solving

A cascade training approach is envisaged for building capacity of Volunteer Peer Leaders. A cadre of “Master Trainers” will

be developed by State AIDS Control Society for overall support of migrant Targeted Interventions in the State and Districts.

The main responsibility of these Master Trainers is to train the Non-Governmental Organisation staff on:

(a)

The basics of HIV or AIDS

(b)

Conducting needs assessment and Stakeholder Analysis

(c)

Project operational plans

(d)

Approaches and methods of selection of Volunteer Peer Leaders

(e)

Organising capacity building sessions for Volunteer Peer Leaders

The trained staff of the Non-Governmental Organisation, supported by the Master Trainers, will conduct a two-day structured

training programme for the Volunteer Peer Leaders. Once the Volunteer Peer Leaders are trained on technical and

operational aspects of the project elements, Non-Governmental Organisation staff will be in touch with them during regular

field visits. A monthly capacity building cum review meeting can be organised with Volunteer Peer Leaders by the Non-

Governmental Organisation staff to help solve any operational problems, discuss field activities and provide necessary

support.

To maintain the motivation level of the Volunteer Peer Leaders, the Non-Governmental Organisation should organise

quarterly one-day structured refresher programmes. The operational support and handholding of Volunteer Peer Leaders

will help sustain their motivational level, facilitate field-level problem solving and encourage their participation in project

activities.

The capacity building strategy should follow the following framework:

Training Components

Methodology

Duration

Potential Resources

(1)

HIV or AIDS and Sexually

Transmitted Infections



(2)

Sex and sexuality



(3)

Drug abuse



(4)

Alcoholism



(5)

Community counselling



(6)

Health service linkages



(7)

Condom promotion



(8)

Reproductive health



(9)

Gender



(10) Skills building on

mobilisation,advocacy and

communications

(1)

Lectures



(2)

Games



(3)

Screening of video films



(4)

Quizzes

(5)

Sharing of experiences by

a PE who has worked in

HIV or AIDS outreach

(1)

Two days for initial training

(2)

One-day refreshers

every quarter

(1)

Master trainers



(2)

Non-Governmental

Organisation staff

(3)

Experienced PE

Volunteer Peer Leaders may initially face hostility from the community they seek to serve. Working in groups provides

support and strength in numbers. In order to be effective, Volunteer Peer Leaders need to be seen and heard regularly.

Materials required by Volunteer Peer Leaders

(a) Flip book

(b) Hand bills

[भाग II— ण् ड3(ii)]

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2009

(d) Condoms

(e) Sexually Transmitted Infection Flip book

(f) Referral Cards

(g) Daily Diary

(h) Bag or Cap or Badges

E. Sustainability of the peer education programme

Intentional strategies must be followed to make the peer education programme viable throughout the time of the Targeted

Intervention and beyond. These include:

(a) Develop a cadre of motivated Volunteer Peer Leaders and encourage them throughout the project period;

(b) Initiate federation or networking or group formation of Volunteer Peer Leaders at local level at the later stages of the

project implementation. After establishing the Targeted Intervention and “handholding” for some time, an attempt

should be made to form a Community Based Organisation of Volunteer Peer Leaders, in order to sustain project

activities into the future. Other approaches to organising Volunteer Peer Leaders in formal or informal groups may be

attempted depending upon the context and with active participation from the Volunteer Peer Leaders;

(c) Institutionalise recognition systems and establish mechanism for regular interactions among Volunteer Peer Leaders as

well as between Volunteer Peer Leaders and key stakeholders, including government counterparts.

F. Recognition for Volunteer Peer Leaders

Volunteer Peer Leaders are expected to work with the project on a voluntary basis, and to continue as a volunteer withthe

same activities beyond the project life span. To maintain their motivation to carry out stipulated tasks on a voluntary basis

even with the project’s time frame, a recognition and reward system should be devised by the project. While this system may

vary in different contexts, it is essential in order to keep Volunteer Peer Leaders engaged in project activities. The

recognition and reward system should accomplish two objectives:

(a) Reward superior performers and recognise outstanding accomplishments based on specific, measurable and

transparent criteria



(b) Make the status of a peer with the programme aspirational for the target group

Examples of recognition and reward activities include:

(a) Monthly meetings for Volunteer Peer Leaders to learn from one another;

(b) Follow-up refresher training;

(d) Providing extra or enhanced materials to facilitate Volunteer Peer Leaders’ work, e.g. diary, reference materials, flip

books, posters, handbills, stickers, etc.;



(e) Exposure visits to various similar Tis;

(f) Developing a healthy competitive attitude among Volunteer Peer Leaders;

(g) “Peer of the Month” award;

(h) Certificates or badges for good performance;

(i) Gifts and recognition awarded by celebrities.

3.1.3

Step 3: Behaviour Change Communication

The aim of Behaviour Change Communication is to make individuals perceive, understand and accept their self-risk due to

specific behaviours and to create a desire for preventive action.

A Behaviour Change Communication plan for migrants should be based on the following considerations:

(a) What are the barriers to adoption of safe behaviours or factors that encourage adoption of unsafe behaviours?

(b) What are the factors that can be used to motivate change in behaviour?

Interpersonal Communication)?

(d) What types of Information, Education and Communication and Behaviour Change Communication material are most

appropriate as communication tool?

2010 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

(e) What is the mix of languages within the community?

Behaviour Change Communication for migrant Targeted Interventions has two primary components: mid-media and

Interpersonal Communication.

A. Mid-media

Mid-media is a creative and efficient way of generating awareness on certain key issues among large numbers of people.

Interactive mid-media techniques, such as street theatre in which the audience is invited to comment on a dramatic

situation, can be used to provoke a discussion on community norms. Examples of mid-media include:

(a) Street theatre

(b) Games

(d) Exhibitions

(e) Information, Education and Communication campaigns

(f) Debates and discussions

(g) Audio or video or film shows

(h) Special observances and commemorations (e.g. World AIDS Day)

(i)

Information kiosks (displays of poster and relevant materials with provision of one-to-one counselling)

A professional agency may be engaged to conduct many of the mid-media events (e.g. street theatre performances), but

some activities can be conducted by Non-Governmental Organisation staff on a regular basis (e.g. film shows, information

kiosks).

B. Interpersonal Communication

Mid-media can be supplemented by one-to-one Interpersonal Communication focused on those individuals who are in need

of greater information. One-to-one Interpersonal Communication can be delivered immediately after thought-provoking

mid-media to that sub-set of the audience that stays back to obtain more information or seek services. In the interest of

maximising efficiency, it is important to identify that sub-group of migrants with high risk behaviour (primarily single migrant

workers) who need to be provided additional information through one-to-one interaction. One-to-one interaction can focus

on:

(a) Information on HIV or AIDS, means of transmission, prevention, Sexually Transmitted Infections, etc.

(b) Risk perception of individual

(d) Options for safe behaviours

(e) Information on access to condoms and services available in the area for Sexually Transmitted Infection treatment, HIV

testing and counselling



Contact strategy for Interpersonal Communication

The ratio of Volunteer Peer Leaders to migrants is 1:100. Within this population of migrants, the PE should identify high risk

individuals with the help of Outreach Workers from the Non-Governmental Organisation. High risk migrants should be met

with once a week in the initial stages of the project, though the frequency may be modified depending upon the behaviour of

the individual migrants (see Annexure 1).

The Non-Governmental Organisation should prepare a detailed Behaviour Change Communication strategy with a

conversation plan for Volunteer Peer Leaders identifying a series of topics for discussion, e.g. safe sex methods, correct

method of condom use, myths around condom use, partner notification for Sexually Transmitted Infections, etc. It is

important to note that while a minimum package should be designed to ensure a basic level of information and services for

entire community, peer communication in the field should not be limited to these topics. Peers should be skilled enough to

draw on their knowledge and tailor a discussion to the needs and concerns of specific individuals.

Development of Behaviour Change Communication and Information, Education and

Communication materials

Information, Education and Communication and Behaviour Change Communication material should be developed based on

the needs of the community. Existing job aids or migrant-specific Behaviour Change Communication materials in the form of

flipcharts, case studies and story-based flashcards can be adapted for use by Volunteer Peer Leaders. It is important to use

images and situations with which the migrant population can identify. Often there will be a need for material in more than

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

2011

one language within one project. The language mix should be based on the profile of the migrant community (as indicated

by the initial mapping and Needs Assessment Stakeholder Analysis exercises).

The Behaviour Change Communication material should be developed and adapted in a participatory way by conducting

pre-testing protocols after considering regional, cultural and target group characteristics.

3.1.4

Step 4: Sexually Transmitted Infection Management

Targeted Interventions for migrants will focus on four aspects of Sexually Transmitted Infection prevention and

management:

(a) Activities to generate awareness of Sexually Transmitted Infection symptoms while emphasising the long-term

consequences of such infections, the need for correct and complete treatment, and the means of prevention

(b) Establishment of a referral network for treatment by interacting with existing health care providers, both public as well

as private health facilities as mapped in and around the project site, including training on syndromic case management

for providers



Outreach Workers may use referral slips to monitor whether clients have followed up on referrals (see

Annexure10, Referral Slip).



(d) Ensuring condom availability

The Sexually Transmitted Infection services to be provided are:

(a) Health promotion and Sexually Transmitted Infection prevention activities, such as promoting correct and consistent

use of condoms



(b) Provision of condoms



(d) Health education and counselling for treatment compliance, correct and consistent use of condoms and regular partner

treatment



(e) Partner management programmes (i.e. contact referral)



(f) Follow-up services



(g) Counselling for HIV positive persons

(h) Referral links to Integrated Counselling and Testing Centre, HIV care and support and other relevant services.



As per the National AIDS Control Organisation Sexually Transmitted Infection drug

procurement guidelines, all Sexually Transmitted Infection drugs are to be procured by

State AIDS Control Society orNational AIDS Control Organisation. No drugs for Sexually

Transmitted Infections are to be purchased by Non-Governmental Organisations.

A. Planning for Sexually Transmitted Infection services

The needs assessment undertaken at the start of the project should generate data on the following:

(a) Information on current barriers to accessing Sexually Transmitted Infection services



(b) Ways in which Sexually Transmitted Infection services can be made accessible and acceptable to the community in

terms of location, operating hours, etc.



Once this information has been gathered, the Non-Governmental Organisation must network with the identified service

delivery providers to establish dependable services and to orient staff on syndromic case management and treatment of

Sexually Transmitted Infections.

Referral to Public Sector

Referral to Qualified Private Sector

Advantages

(1)

Free services

(1)

Ensures confidentiality

(2)

Sustainable services

Disadvantages

(1)

May lack confidentiality

(2)

Unpredictable quality

(1)

Cost

2012 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

(3)

Possible stigmatisation of Sexually Transmitted Infection patients

by staff

In addition to these technical or medical considerations, special attention should be paid to ensuring that

Sexually Transmitted Infection service delivery options are community-friendly. This means:

(a) Clinicians with a supportive attitude towards the community

(b) Availability of services as per the needs of the community, e.g. late-night access

public transport)

(d) Basic infrastructure of facility as per National AIDS Control Organisation Sexually Transmitted Infection

guidelines

(e) Confidentiality between the clinic team and the community

B. Referral services for other illnesses

The project should actively create referral linkages for other health concerns of migrants. Again, such linkages

can draw on both government facilities as well as qualified private practitioners.

C. Social marketing of Sexually Transmitted Infection services

Health services and drugs for migrants should be socially marketed, as opposed to free of cost, for the

following reasons:

(a) Migrants have disposable income and therefore can afford to pay socially marketed rates for such

services

(b) Such services are valued more by the community when they are provided at a nominal fee

(d) This is more sustainable than providing services free of cost. Private practitioners can more easily be

engaged by the programme on a social marketing model

Tool

Annexure 10 Referral Slip

3.1.5

Step 5: Condom Programming

Condom promotion in migrant Targeted Interventions entails:

Regular demand-generation activities to increase visibility, perception of accessibility and demand for condoms

Ensuring availability of an adequate supply of socially marketed condoms at traditional and non- traditional condom

outlets in and around the project sites

Condom demonstrations by Volunteer Peer Leaders and Outreach Workers to ensure correct usage of condoms.

A Social Marketing Organisation should be contracted for activities (1) and (2) above. The project should undertake training

and capacity-building of Volunteer Peer Leaders and Outreach Workers to build their knowledge of the benefits of condom

use and to impart skills in conducting condom demonstrations and addressing common misconceptions surrounding

condoms (reduced pleasure, breakage, etc.).

A. Monitoring condom availability

Volunteer Peer Leaders and Outreach Workers should also be encouraged to solicit feedback on the availability of

condoms, preferred brands, etc. This information should be provided to the Social Marketing Organisation to improve

distribution. Condom availability at the intervention location should be assessed according to the following:

(a) Number of outlets carrying condoms: Focus should be on those outlets that are convenient for migrants,

e.g. those open at night. It is necessary to monitor distribution in traditional and non- traditional outlets. Non-traditional

outlets are those that are not retail outlets (e.g., bars, dhabas, barbers, etc.). Such outlets are often more convenient

and accessible for migrants.

[भाग II— ण् ड3(ii)]

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2013

(b) Visibility of condoms at these outlets: Merchandising at outlets (i.e. prominent display of condoms,

posters, banners, etc.) helps increase demand for condoms. Often merchandising material triggers recall of a

message and prompts a purchase.

B. Condom boxes

In corporate-sponsored workplace interventions, condom boxes may be provided at the site. Condom boxes enable workers

to access condoms anonymously and free of cost. They should be installed at accessible and relatively private locations

(e.g. toilets). Volunteer Peer Leaders can be charged with ensuring that adequate supplies are available through condom

boxes.

3.1.6

Step 6: Community Mobilisation – Safe Spaces for Migrants

Community mobilisation entails creating a platform for the community to come together to discuss common issues and

social norms and to build a collective desire for preventive action. In order to create such a platform, the project should

create “safe spaces” for migrants:

(a)

The concept of “Space for Migrants” takes into account the multiple needs of migrants, with a focus on building their

social capital to reduce their vulnerability to HIV or AIDS

(b)

State AIDS Control Society will contract Non-Governmental Organisations or migrant support organisations to

establish Spaces for Migrants in partnership with the Urban Development Agency who work in slums and or private

sector organisations (if possible)

(c)

Space for migrants (like Drop-In Centres for High Risk Groups) should be located by Non-Governmental

Organisations through the following process:

(i)

Identify existing congregation points for migrant workers. These may include places of entertainment like video

parlours, bars, etc. In the case of a workplace intervention, a congregation point may be a common resting

area or lunch room.

(ii)

If an existing congregation point is not found to be appropriate, the project should create a new facility that can

be used as a project centre

(d)

Spaces for Migrants are managed by Volunteer Peer Leaders and provide the following services:

(i)

Volunteer Peer Leaders to provide minimum information on HIV or AIDS and related subjects to migrant

workers. Information could include awareness on HIV or AIDS prevention and care, combined in a creative

way with information beyond HIV which addresses migrant needs (e.g. how to remit money home, banking

options, social welfare services).

(ii)

Information, Education and Communication material available for easy access by migrant workers

(iii)

Socially marketed condoms

(iv)

Referral to Integrated Counselling and Testing Centres and Sexually Transmitted Infection clinics

(v)

Recreational material including radio, TV, games, magazines or newspapers, etc.

(vi)

Activities aimed at reducing drug and alcohol related vulnerabilities

(vii)

Outreach facilities including periodic health camps

3.1.7

Step 7: Creating an Enabling Environment

The process of the Stakeholder Analysis is an important component of creating an enabling environment for the Targeted

Intervention. The Targeted Intervention should also have linkages with government departments in order to meet non-HIV

needs of the target population. To be effective, it is essential that the Targeted Intervention create an environment where as

many needs of the migrant population as possible are met relating to their living conditions, human and workers rights, etc.

Key government departments with whom enabling environment efforts in migrant Targeted Interventions should focus

include:

(a) Health Department: To access other health services under urban and rural health programmes;

(b) Labour Department: For unionising and implementation of labour laws;

(c) Civil Services Department: For basic amenities related to water, electricity, drainage, etc. at the place of stay;

2014 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

(d) Transportation Department: To develop support services for migrant populations and link them with their families in

their source states;

(e) Industry Department: To advocate for compliance with codes of conduct for HIV or AIDS.

3.2 PROGRAMME MANAGEMENT

3.2.1 Service Package

Location

Package of services

Agency responsible for service

delivery

Hotspots

(1)

Condom promotion and distribution

(2)

Large-group format activities (e.g. street

theatre, games, etc.)

(3)

Referrals to qualified medical practitioners for

treatment of Sexually Transmitted Infections

(1)

Social Marketing Organisations

(2)

Non-Governmental Organisation

partner (for setting up referral linkages

and overall monitoring)

Industry or

workplace

centres

(1)

Condom promotion and distribution

(2)

Large-group format activities (e.g. street

theatre, games, etc.)

(3)

Focused Interpersonal Communication

(through peers and Non-Governmental

Organisation workers)

(4)

Referrals to qualified medical practitioners for

treatment of Sexually Transmitted Infections

(5)

Development of point of congregation as

project centre with availability of Information,

Education and Communication material and

socially marketed condoms

(6)

Recruitment of volunteers, advocacy

(7)

Workplace policy guidelines

(8)

Linkages with other programmes and

entitlements

(1)

Informal workplace

(2)

Formal workplace (e.g. industrial

house, corporate houses)

(3)

Corporate- backed Non-Governmental

Organisations

Residential

clusters

(1)

Condom promotion and distribution

(2)

Large-group format activities (e.g. street

theatre, games, etc.)

(3)

Focused Interpersonal Communication

(through peers and Non-Governmental

Organisation workers)

(4)

Referrals to qualified medical practitioners for

treatment of Sexually Transmitted Infections

(5)

Development of point of congregation as

project centre with availability of Information,

Education and Communication material and

socially marketed condoms

(6)

Recruitment of volunteers, advocacy

(7)

Linkages with other programmes

(1)

Non-Governmental Organisation

(2)

Social Marketing Organisations (for

Condom

Social

Marketing

and

promotion)

3.2.2 Operational Strategy and Implementation Plan

The following table lists the suggested activities for establishing an effective Targeted Intervention for migrants and identifies

those who are responsible for conducting each activity, as well as the timeline. Such detailed activity planning could be

prepared separately for each type of intervention site (hot spots, prioritised industry or workplace locations and residential

locations). Separate implementation plans will indicate specific activities and relevant stakeholders.

[भाग II— ण् ड3(ii)]

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2015

Activities

Responsibility

Timeline

Year 1

Year 2

Year 3

Train Non-Governmental

Organisation staff in conduct

of Needs Assessment

Stakeholder Analysis

Master trainers

Determine geographical areas for

Targeted Interventions

Non-Governmental Organisation

management

Conduct baseline (Behaviour

Surveillance Survey)

External agency

Conduct needs assessment and

Stakeholder Analysis

Outreach Workers or Master trainers

Advocacy activities with

relevant stakeholders

Non-Governmental Organisation

management

Identify Volunteer Peer Leaders

Outreach workers

Identify individual migrants

with high risk behaviour

Non-Governmental Organisation

outreach workers or Volunteer Peer

Leaders

Detail activity plans in each of the

intervention areas

Non-Governmental Organisation

staff

Social Sanction Activities

at intervention sites

Outreach workers

Train Non-Governmental

Organisation staff in

technical and operational

aspects of the project

Master Trainers

Train Volunteer Peer Leaders

Outreach workers or

Master trainers

Monthly review cum

quarterly capacity building

of Volunteer Peer Leaders

Non-Governmental Organisation

supervisory staff

Regular field visits by

Non-Governmental Organisation

staff

Outreach and other staff

Streamline monitoring

system

Non-Governmental Organisation

Supervisory level staff

Conduct ongoing assessment of

Volunteer Peer Leaders and

project beneficiaries

Non-Governmental Organisation

supervisory

level staff

Conduct quarterly review

meeting with all staff

Non-Governmental Organisation

supervisory

level staff

2016 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Activities

Responsibility

Timeline

Year 1

Year 2

Year 3

Monitor availability of condoms or

strengthen social marketing efforts

of Social Marketing Organisation

Non-Governmental Organisation

supervisory level staff or outreach

staff

Network with Social Marketing

Organisation for SM product

placement

Non-Governmental Organisation

management

One-to-one contact with migrants

for disseminating information,

condom demonstration

Volunteer Peer Leaders or Non-

Governmental Organisation

outreach workers

Conduct mid- media activities at

intervention sites

Non-Governmental Organisation

staff or Volunteer Peer Leaders or

Social Marketing Organisations

Conduct one-to-group meetings

with migrant population

Volunteer Peer Leaders or Non-

Governmental Organisation

outreach staff

Identify qualified service providers

for Sexually Transmitted Infection

treatment

Non-Governmental Organisation

staff

Network with government health

services for Sexually Transmitted

Infection treatment

Non-Governmental Organisation

staff

Identify, refer and follow up on

Sexually Transmitted Infection

cases

Volunteer Peer Leaders or

outreach workers

Stakeholder meeting and their

involvement in the project

Non-Governmental Organisation

staff

Conduct final evaluation survey

(Behaviour Surveillance Survey)

External agency

3.2.3

Monitoring and Evaluation

Monitoring and Evaluation of Targeted Interventions for migrants is an essential and integral part of the overall project

design. This section presents the overall framework for Monitoring and Evaluation, including specific indicators for

monitoring the project activities and those which need to be collected as part of project evaluation.

A. Monitoring indicators:

The principle applied here is to collect monitoring data which is most relevant for taking decisions at the field level; the

information generated from the monitoring system is used to provide feedback to the project activities on a regular basis to

take any needed corrective actions. Various indicators along with numerator and denominators for computing indicators and

sources of information are outlined in the following table:

Indicators

Calculation

Frequency

Data Source

Total number of migrant

population who are

identified as high risk

Numerator: Number of migrant

population found to practice high risk

behaviours

Based on second layer of Mapping

methodology by Non-Governmental

Organisation staff

% of sites having trained

Volunteer Peer Leaders as

per the recommended ratio

for (PE: Migrant population)

Numerator: Number of sites having

trained Volunteer Peer Leaders as per

the recommended ratio

Denominator: Total n umber of

intervention sites

Monthly

Non-Governmental Organisation

Monthly Project Register

% of identified Volunteer

Peer Leaders trained

Numerator: Number of trained

Volunteer Peer Leaders

Denominator: Total number of

identified Volunteer Peer Leaders

Monthly

Non-Governmental Organisation

Monthly Project Register

% of trained Volunteer Peer

Leaders that demonstrate

Numerator: Number of trained

Volunteer Peer Leaders that

demonstrated adequate knowledge

Quarterly

See Annexure 11,

Ongoing Assessment of Volunteer

Peer Leaders and Migrants

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

2017

Indicators

Calculation

Frequency

Data Source

adequate knowledge of

Sexually Transmitted

Infection or HIV

transmission and prevention

Denominator: Total number of

Volunteer Peer Leaders included in

the assessment

(conducted by supervisory and

higher level Non-Governmental

Organisation staff)

% of trained Volunteer Peer

Leaders that demonstrate

adequate condom

demonstration skills

Numerator: Number of trained

Volunteer Peer Leaders that

demonstrated adequate condom

demonstration skill Denominator: Total

number of Volunteer Peer Leaders

included in the assessment

Quarterly

See Annexure 11, Ongoing

Assessment of Volunteer Peer

Leaders and Migrants (conducted

by supervisory and higher level

Non-Governmental Organisation

staff)

Average number of

one-to-one contacts

organised by Volunteer

Peer Leaders during past

month

Numerator: Sum of all one-to-one

contacts made by the Volunteer Peer

Leaders

Denominator: Total number of

Volunteer Peer Leaders

Monthly

Outreach Worker or Non-

Governmental Organisation

Monthly Project Register

% of Volunteer Peer

Leaders conducting one-

to-one contacts in the

intervention area

Numerator: Number of Volunteer Peer

Leaders conducting one- to- one

contacts

Denominator: Total number of

Volunteer Peer Leaders

Monthly

Non-Governmental Organisation

Monthly Project Register

Average number of one-

to-group contacts organised

by Volunteer Peer Leaders

during past month

Numerator: Sum of all one-to-group

contacts made by the Volunteer Peer

Leaders

Denominator: Total number of

Volunteer Peer Leaders

Monthly

Outreach Worker or Non-

Governmental Organisation

Monthly Project Register

% of Volunteer Peer Leaders

conducting one-to-group

contact in the intervention

area

Numerator: Number of Volunteer Peer

Leaders conducting one-to-group contact

Denominator: Total number of Volunteer

Peer Leaders

Monthly

Non-Governmental Organisation

Monthly Project Register

of Behaviour Change

Communication events by

type (Folk media, AV

shows and Infotainment)

organised against planned

Numerator: Number of Behaviour

Change

Communication events organised last

month by type

Denominator: Total number of Behaviour

Change Communication events

planned for

the month

Monthly

Non-Governmental Organisation

Monthly Project Register

% of persons trained for

Targeted Intervention

against those planned to be

trained

(i) Non-Governmental

Organisation staff

(ii) Qualified health service

providers

(a) Public

(b) Private

(iii) Registered Medical

Practitioners

Numerator: Number of persons trained

category of participants

Denominator: Total number of persons

planned to be trained for Targeted

Intervention by category

Monthly

Non-Governmental Organisation

Monthly Project Register

% of migrants referred for

Sexually Transmitted

Infection or Reproductive

Tract Infections who sought

treatment

Numerator: Number of migrants who

sought

treatment from referral service providers

for

Sexually Transmitted Infection or

Reproductive Tract Infections

Denominator: Total number of migrants

referred to service providers for

treatment for Sexually Transmitted

Infection or Reproductive Tract Infections

Monthly

Referral slip,

Non-Governmental Organisation

Monthly Project Register

% of functional service

providers in the month

(i) Public

(ii) Private

Numerator: Number of functional service

providers in the month

Denominator: Total number of service

providers identified and included in the

referral network for treatment for

Monthly

Referral slip,

Non-Governmental Organisation

Monthly Project Register

2018 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Indicators

Calculation

Frequency

Data Source

Sexually Transmitted Infection or

Reproductive Tract Infections

% of active condom outlets

by type (conventional and

non-conventional) and by

primary target group

Numerator: Number of condom outlets

having uninterrupted supply of free and

SM condoms during the month

Denominator: Total number of condom

outlets

Monthly

Non-Governmental Organisation

Monthly Project Register

% of migrants who can state

or demonstrate correct use

of condoms

Numerator: Number of migrants who

could

state or demonstrate the correct use of

condom

Denominator: Total number of migrants

included in the assessment

Quarterly

See

Annexure 11,

Ongoing

Assessment of

Volunteer Peer Leaders and Migrants

% of stakeholder meetings

organised in the month by

type (police, elected

representatives, unions and

associations, others)

Numerator: Number of meetings

organised by type and by primary target

group

Denominator: Total number of meetings

planned

Monthly

Non-Governmental Organisation

Monthly Project Register

B. Evaluation indicators

While the monitoring indicators described above will provide information about project status on a regular basis, evaluation

of the Targeted Intervention is to be conducted at the end of the project period to determine the success of the Targeted

Intervention in reducing migrants’ vulnerability to acquiring HIV or AIDS.

Evaluation indicators are measurable parameters for each component and subcomponent of the Targeted Intervention with

a verifiable source of information. The following table describes some of the relevant indicators for project evaluation

purposes:

Indicator

Baseline Target Means ofVerification

KNOWLEDGE

% knew that consistent condom use reduces the risk of

HIV infection (among those who heard about HIV or

AIDS)

Behaviour Surveillance

Survey

% correctly aware (with no incorrect knowledge) of all 5

ways of HIV transmission (among those who heard

about HIV or AIDS)

Behaviour Surveillance

Survey

% rejecting at least two misconceptions about reducing

(among those who heard about the risk of HIV infection

HIV or AIDS)

Behaviour Surveillance

Survey

BEHAVIOUR

% had sex with Commercial Sex Worker or en-route

Commercial Sex Worker or non-regular

non-commercial partner in last 12 months

Behaviour Surveillance

Survey

Condom use in last sex

Behaviour Surveillance

Survey

1. With any type of partner

2. With regular commercial partner

3. With non-regular commercial partner

4. With regular non-commercial partner

5. With non-regular non-commercial partner

6. With non-marital non-cohabiting partner

SELF-REPORTING OF SEXUALLY TRANSMITTED DISEASES SYMPTOMS

% suffer from -

Behaviour Surveillance

Survey

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

2019

Indicator

Baseline Target Means ofVerification

- Genital Discharge

Behaviour Surveillance

Survey

- Genital ulcers or sores

Behaviour Surveillance

Survey

% had sex with any partner while suffering from

Sexually Transmitted Infections

Behaviour Surveillance

Survey

RISK PERCEPTION

Perception of risk for contracting Sexually Transmitted

Infections

Behaviour Surveillance

Survey

Perception of risk for contracting HIV or AIDS

Behaviour Surveillance

Survey

OTHER

Time of condom use (before first penetration)

Behaviour Surveillance

Survey

Male to male sexual behaviour

Behaviour Surveillance

Survey

Median age at sexual debut

Behaviour Surveillance

Survey

PROCESS INDICATORS

% heard about Sexually Transmitted Infections

Behaviour Surveillance

Survey

% seeking treatment for Sexually Transmitted

Infections (among those who reported having either

genital discharge or genital ulcers)

Behaviour Surveillance

Survey

% obtained medicines for Sexually Transmitted

Infection (among those who sought treatment)

Behaviour Surveillance

Survey

% reported completely cured (among those who

received medicines)

Behaviour Surveillance

Survey

% knew any persons from neighbourhood talking about

unprotected sex and danger of Sexually Transmitted

Infection or HIV or AIDS

Behaviour Surveillance

Survey

% witnessed any Behaviour Change

Communication event on HIV or AIDS

Behaviour Surveillance

Survey

Tool

Annexure 11Ongoing Assessment of Volunteer Peer Leaders and Migrants

2020 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

ANNEXURE 1

Risk Assessment

Objectives

A risk assessment seeks to ascertain whether male migrants in the potential intervention area are at risk by gathering the

following information:

(i)

Demographic profile of the risk population;



(ii)

Different types of partners among the risk population;



(iii)

Proportion who have correct knowledge about the modes of HIV transmission;



(iv)

Proportion who do not have any myths about the modes of HIV transmission;



(v)

Condom related indicators;



(vi)

Proportion who suffered from Sexually Transmitted Infections in last 12 months;



(vii)

Proportion who sought treatment from a qualified practitioner for Sexually Transmitted Infections;



(viii)

Proportion who feel high risk with a female partner if they have sex in exchange for money or in kind;



(ix)

Proportion who feel it is important to know HIV status;



(x)

Proportion who intend to get themselves tested.

Study Design:

Nature of the study:

Quantitative - data collected through personal interviews with the help of a structured questionnaire

Target group

(i)

Male



(ii)

SEC C, D, E1



(iii)

Aged 15 to 44 years

Sampling procedure:

(i)

Electoral rolls can be used as sampling frame;



(ii)

Up to 100 polling booths selected through systematic random sampling procedure;



(iii)

In each polling booth area, 2 households identified through systematic random sampling procedure;



(iv)

In each household, 4 interviews conducted following the right-hand rule.

Weighting procedure:

(a)

Weighting is necessary to ensure that data correctly represents the overall situation in the intervention

area;

(b)

The weighting procedure adopted is detailed below:



(i)

List total number of males in the household. Weight all males aged 18+ to the male voter

population;

(ii)

From this is derived the total population of those aged between 18-44 years;

(iii)

Assuming that those aged 15 to 17 years are similar in number to those aged 18-20, the

universe of those aged 15-44 can be derived;

[भाग II— ण् ड3(ii)]

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2021

(iv)

For each male there is data at household level (bachelor or family households and SEC) and at

individual level (age, education and marital status). Of these data, the most critical type is

household and age;

(v)

Hence for each of the cells of age X type of household the universal figures can be derived;

(vi)

These weights are then applied to the individual section of responses.

Definition of Those at Risk:

In last 12 months fell into any one of the categories below one or more times:

(a)

Had sexual intercourse;

(i)

With female partner in exchange for money;

(ii)

With female partner in exchange for kind.

(b)

Had sexual intercourse with male partner in exchange for money;

(c)

Had sexual intercourse with eunuch in exchange for money.

No.

Questions

Coding Categories

Age

Age ___________

Ethnicity

Ethnicity ____________

Marital status

Never married

Married, staying with wife

Married, not staying with wife

Other ________________

Household type

Family

Bachelor

Occupation

Unskilled

Skilled

Petty Trader

Other

SEC

(i)

Sexual partners (excluding wife) in the last 12

months:

(ii)

Female for money

Yes

(iii) Female for kind

Yes

(iv) Male

Yes

(v)

Eunuch

Yes

Alcohol consumption

At least once a week

Less often

Never

HIV or AIDS knowledge – Which of the following can

transmit HIV?

Sexual intercourse

Mouth-to-mouth kissing

2022 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

No.

Questions

Coding Categories

Touching

Infected blood

Mosquito bites

Infected needles

Sharing toilet

Mother to child

Sharing utensils

Barber’s blade

Sharing clothes

Perception of risk of sex with regard to

contracting HIV

Female for money

Low

Medium

High

Female for kind

Low

Medium

High

Non-commercial

Low

Medium

High

Beliefs or myths about how to tell if someone

has HIV or AIDS

Blood test

Doctor

Looks weak

Weight loss

Continuous high fever

Spots on skin

Body pale

Tuberculosis

Diarrhoea

Suffered from Sexually Transmitted Infection in

past 12 months

Yellowish discharge

Watery discharge

Itching around genitals

Burning pain

Pain during intercourse

Genital ulcers

Swelling in genitals

Swelling in groin

Blood in urine

Failure to pass urine

Treatment for Sexually Transmitted Infection in

past 12 months

Visited government doctor

Visited private doctor

Other treatment

Condom usage

Last time had sex

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

2023

No.

Questions

Coding Categories

Every time in last 3 months

Every time in last year

Intend to use next time

Do not intend to use next time

Condoms used with which partners

Commercial for money

Commercial for kind

Non-commercial

Male

Eunuch

Factors which make using condom difficult

_________________

Attitudes towards condoms

Shows lack of trust in partner

Breaks easily

Diminishes pleasure

Only to be used if you have a

disease

Macho men don’t use it

Forget to use after drinking

Uncomfortable doesn’t fit

HIV Testing

Important to know one’s status

Not important to know one’s

status

Intends to get an HIV test

Does not intend to get an

HIV test

ANNEXURE 2

Mapping Methodology

Preliminary and detailed mapping studies provide information on the presence of migrant workers who engage in high risk

behavior, so as to accurately determine target group size and area coverage for effective field communication, two integral

aspects of designing an evidence-based Targeted Intervention.

PRELIMINARY MAPPING:

Objectives

A preliminary mapping study serves to acquire a geographic breakdown of the intervention area, as well as to gain insight

into:

2024 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

(a)

The basic ethnic, religious and cultural background of its population;

(b)

The various congregation points of high risk men;

(c)

The presence of sex workers;

(d)

The presence of various elements such as video parlours, mandals, Non-Governmental Organisations,

temples, hotels, lodges, bars and movie theatres that could be vantage points for target-efficient field

communication.

The preliminary mapping provides a general overview of the entire geographic area, and is the basis to accurately refine

structured methods and tools needed to conduct a detailed mapping study.

Methodology:

Time period: 5 weeks

Outreach Workers are intensively trained on the methodology of conducting the study and familiarised with

the mapping tool conducted in the area;

Outreach Workers are provided with a map of the intervention area;

Outreach Workers initially cover the entire area on foot or by vehicle to observe and gain preliminary insight

into the geographic characteristics of the area, as well as to cursorily identify locations of the different

elements;

In accordance with the map and their initial observations, Outreach Workers demarcate the area into distinct

closed areas or clusters for convenience of coverage to conduct the preliminary mapping tool;

Subsequently, Outreach Workers visit each cluster, in which they;

Sketch the geographic location of the cluster;

Interview three Key Informants in each cluster utilising the mapping tool (ensuring three responses to each

question in the tool).

The Key Informants in each area include shopkeepers, cinema hall employees, slum residents, housing colony residents,

slum development officers, Brihanmumbai Municipal Corporation officers, private doctors, government hospital doctors,

Non-Governmental Organisations, industry employers and employees, bar owners and clientele, railway station masters

and bus depot in-charges.

DETAILED MAPPING

Objectives:

In order to ensure a target-efficient, streamlined field intervention among migrant workers, a detailed mapping study is

conducted, focusing on:

An assessment of the target group size of high risk men in the intervention location

Identification of target-efficient hotspots or strategic locations for field communication

Identification of scope of coverage at existing hotspots

Determination of a possible range of field communication activities to be conducted at hotspots

An assessment of the presence of Commercial Sex Workers in the area and type of sex work conducted

Methodology:

Time period: Approximately one month to six weeks for each component

Outreach Workers are intensively trained on the methodology of conducting the study and familiarised with the different

mapping tools conducted in the area, to ensure that they interview at least eight respondents in one day.

The detailed mapping tool is developed based on the observations of the Outreach Workers as well as the different

responses of the Key Informants in the preliminary mapping study.

The detailed mapping has four primary components:

A detailed mapping tool to gain information on target group size as well as congregation points of

high risk men (see Annexure 4);

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

2025

A Commercial Sex Worker assessment to gain information on sites of sex work as hotspots

for field communication activity (see Annexure 5);

A screening of hotspots, including mandals and video parlours, to gain information

on high risk men and potential types and frequency of field communication activities (see

Annexures 6and 7);

A drainage assessment to avoid overexposure or underexposure of the target group to field

communication activities.

Component 1 – Assessment of Target Group Size and Congregation Points

Outreach Workers map each lane in the area and demarcate the geographic area into six clusters,

based on the preliminary mapping as well as on more detailed observations on foot or by vehicle;

Each cluster is further divided into smaller pockets, based on local names of respective areas;

In each smaller pocket, Outreach Workers conduct detailed mapping using the tool with three Key

Informants, to ensure that each question in the tool has three responses.

In each smaller pocket, Outreach Workers observe and identify the total number of structures (counting

each structure in each lane), as well as the proportion of structures that house single men and those that

house men in families;

In each smaller pocket, Outreach Workers interview three Key Informants to assess the number of men

living in single-men households and the number of men living in family households;

The target group size is calculated according to the following formula

(Average number of family-men structures X Average number of men in family household) + (Average

number of single-men structures X Average number of men in single-men household);

In each smaller pocket, Outreach Workers observe and identify the number of mandals, video parlours,

sex work spots (including hotels, lodges and bars where sex work takes place), saloons, bhissis, daily

labour job posting points as well as tea and paan stalls. Each element has a separate component in the

detailed mapping questionnaire. In each pocket, for each element, Outreach Workers collect responses

from three Key Informants, based on the questions in the detailed mapping tool.

In each smaller pocket, Outreach Workers observe and identify the number of congregation points of

high risk men to ensure targeting efficiency with regard to field communication;

10.

The Key Informants in each smaller pocket include shopkeepers, cinema hall employees, slum

residents, housing colony residents, slum development officers, Brihanmumbai Municipal Corporation

officers, private doctors, government hospital doctors, police, Non-Governmental Organisations, industry

employers and employees, bar owners and clientele, railway station masters and bus depot in-charges.

Component 2 – Commercial Sex Worker Assessment

In each smaller pocket, Outreach Workers interview three Key Informants to gain insight into the location of sex work

spots, average rates charged by Commercial Sex Workers for sexual encounters, types of sex work in the area, the

manner in which clients approach Commercial Sex Workers, and work timings of Commercial Sex Workers.

The assessment can provide insight into whether male residents visit Commercial Sex Workers within the target area

or frequent red light areas outside the target area.

If there are no visible sex work sites, Outreach Workers can consult with any Non-Governmental Organisations that

have established focused interventions with Commercial Sex Workers. These can assist in providing an estimation of

the total number of sex work sites as well as the types of sex work occurring at these sites.

Component 3 – Screening of Mandals and Video Parlours:

In addition to the information on the number of mandals and video parlours and their basic characteristics provided in

the main detailed mapping tool, Outreach Workers can conduct a detailed screening of these elements to assess their

suitability with regard to communication programming;

A detailed screening tool should be conducted for each video parlour and mandal situated in each smaller pocket;

Video Parlours – Outreach Workers conduct in-depth interviews with patrons and owners of each video parlour,

using separate tools for owners and patrons (see Annexures 6 and 7). The questionnaire developed for patrons

is quantitative, and the questionnaire developed for owners is qualitative. The latter also highlights the types of shows,

number of shows on a daily basis, and the average number of patrons at each show;

2026 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

4. Mandals– Outreach Workers conduct in-depth interviews with presidents of mandals using the screening tool

developed (see Annexure 4).

Component 4 – Drainage Assessment

The detailed mapping tool can provide refined information on target-efficient hotspots. However, it may remain unclear

whether the men who frequent these different spots are from the same area (i.e. the same group frequenting different spots)

or from different areas. To assess this possible duplication, the following steps are necessary:

1. First, current field communication locations are marked on a map of the intervention area. Then Outreach

Workers try to assess, for each particular spot, the predominant areas from which the target group members

arrive, showing the drainage from various areas at that particular spot. These areas are marked on the map as

areas that are being reached through current communication activities;

2. This assessment provides information on areas where there is overlap and consequently overexposure to field

communication activities, as well as areas of non-drainage (areas that are not being reached at all). In areas of

overexposure, the frequency of field communication activities can be reduced. Targeted Interventions should be

initiated for areas that are underexposed to field activities.

ANNEXURE 3

Preliminary Mapping

Location:

Draw a map of the geographical location (3 km radius, keeping the clinic as the centre).

Specify landmark to make the map.

1. Which is the nearest railway station in this area and how far away is it?

2. Which is the bus depot in this area and how far away is it?

3. How many markets are there in this area? List those names and number of shops.

Respondent 1

Respondent 2

Respondent 3

Markets

No. of shops

Markets

No. of shops

Markets

No. of shops

4. How many cinema halls are there in this locality? List those names.

Respondent 1

Respondent 2

Respondent 3

Cinema

No. of shows

Cinema

No. of shows

Cinema

No. of shows

halls

and people

halls

and people

halls

and people

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

2027

5. Are there any slums in the area? Please list their names.

Respondent 1

Respondent 2

Respondent 3

Name of

No. of houses

Name of

No. of houses

Name of

No. of houses

slum

and population

slum

and population

slum

and population

6. Are there any residential colonies in the area? Please list these.

Respondent 1

Respondent 2

Respondent 3

Name of

No. of houses

Name of

No. of houses

Name of

No. of houses

colony

and population

colony

and population

colony

and population

7. Is there any industry in the area?

Respondent 1

Respondent 2

Respondent 3

Name of

Shift and No.

Name of

Shift and No.

Name of

Shift and No.

industry

of employees

industry

of employees

industry

of employees

8. How many bars are there in this locality? If possible please list those names.

Respondent 1

Respondent 2

Respondent 3

Name of bar

No. of clients

Name of bar No. of clients

Name of bar

No. of clients

in a day

9. Is there any RLD nearby? List those names.

Respondent 1

Respondent 2

Respondent 3

Name of RLD

No. of CSWs

Name of

No. of CSWs

Name of RLD

No. of CSWs

RLD

2028 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

10. Is there any Non-Government Organisation working in the area? List those names.

Respondent 1

Respondent 2

Respondent 3

Name of Non-

Government

Organisation

Transgender they

work with

Name of

Non-

Government

Organisation

Transgender

they

work with

Name of Non-

Government

Organisation

Transgender

they work

with

11. Is there any other point where adult males come together in the area? List those places. (Video

Parlours, bissi, daily labour job posting points, etc.)

Respondent 1

Respondent 2

Respondent 3

Type and No.

No. of men

Type and No.

No. of men

Type and No. No. of men

12. Is there any Truck Terminal, Auto or Taxi Stand, mechanic garage? List those places.

Respondent 1

Respondent 2

Respondent 3

Type of halt

No. of

Type of halt

No. of

Type of halt

No. of

point

vehicles

point

vehicles

point

Vehicles

13. Other Information

(a) Type of work;

(b) Language;

Note: Key Informants for preliminary mapping include:

(a) Shopkeepers in the market;

(b) Cinema hall employees;

(d) Resident of housing colonies;

(e) Slum development office;

(f) Brihanmumbai Municipal Corporation office;

(g) Private doctor;

(h) Government hospital doctor;

(i) Non-Governmental Organisations;

(j) Industry people: Employee and employer;

(k) Bar: owner and clients;

(l) Railway station master;

(m) Bus depot in-charge.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

2029

ANNEXURE 4

Detailed Mapping

1. Cluster Number:

2. Name of Locality:

3. Type of Locality: 1. Residential 2. Commercial

3. Residential & Commercial

4. Other ________________

4. Description of Structures:

Structure no.

Name of sub-

Type of

Number of

locality

structure

structures

single men

staying

in structure

Number of mandals:

Number of bhissis:

Number of video parlours:

Number of DLJPP:

Number of bars: Number of ladies service bars:

10. Potential spots for our activity:

Name of spot

Landmark

Type of activity

(Suggested)

Average crowd

Transgender

background

2030 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

11.

Mandal Assessment Sheet

Respondent 1

Respondent 2

Respondent 3

Name of mandal

Location

Registration

Type of mandal

Youth Mandal

Society Mandal

Ganesh Mandal

Navaratri Mandal

Krida Mandal

No. of members

Type of activity

carried out by

the mandal

Area of operation

Relationship with

Non-Governmental

Organisations

Perception of

community

Potential for Targeted

Intervention?

Meeting day and

timings

Chairman &

Secretary

Telephone No.

Comments

12.

Video Parlour Assessment

Respondent 1

Respondent 2

Respondent 3

Location

Name of video parlour

Licensed or non-Licensed

Number of theatres

Average shows or day

per theatre

Average audience or show

or theatre

Peak show days

Peak show timings

Average audience or show

or theatre at peak show

Language of movies and

a) Family

Type of films shown

b) Hindi Erotic

c) English Erotic

d) English Action

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

2031

Type of audience

Area from where

audience comes

Willingness to

participate in Targeted

Intervention

Potential for Targeted

Intervention activity?

13.

Labour Job Posting Points

Respondent 1

Respondent 2

Respondent 1

Location

Number of labourers

Men =

standing at a time

Women =

Timings of gathering

Peak time

Type of workers

Workers’ area of residence

Average amount of time

workers stand at the spot

14.

Bhissi Assessment

Name of the bhissi

Respondent 1

Respondent 2

Respondent 1

Proprietor

Location

No. of people eating (A)

No. of dabbas sent out (B)

Total (A+B)

Clients basically from the

area

Timings of eating

Willingness to participate

in Targeted Intervention

15. Other areas of high male congregation:

16. Saloons with more than 3chairs:

17. Pan Bidi+ tea stall (More than 7 people standing at a time)

2032 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

18. Commercial Sex Activity:

Opinion 1

Opinion 2

Opinion 3

Opinion 4

Opinion 5

Opinion 6

Opinion 7

Opinion 8

Location

Type of spot

Commercial Sex

Worker staying

at the spot?

Type of

Commercial

Sex Worker

(Practice

At same place,

outside)

Commercial Sex

Worker staying

with?

Number of Client

Or Commercial

Sex Worker or

day

Number CSW

Activity place

Number of fixed

Clients or

Commercial

Sex Worker

Clients from

area

Activity rate

Other: Modus

Operandi:

ANNEXURE 5

Female Sex Workers Assessment

Sr.

No.

Locality

Sub-locality

No of

structures

of Female

Sex Workers

No. of

Female

Sex

Workers

Type of

Female

Sex

Workers

Activity

Place

Number of

Clients of

Female

Sex

Workers or

day

Client

Area

Activity

Rate

Modus

operandi

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

2033

ANNEXURE 6

Hotspot Screening (Owners)

The script below is an example of how to ask questions to gather information about a hotspot and the population that

frequents it. The example in this case is a video parlour, but similar information could be elicited from a different kind of

hotspot. The factors to be investigated are:

(a) Length of experience of owner or facilitator of hotspot



(b) Days and times of operation



(d) Languages or ethnic groups catered to



(e) Numbers of migrant population who frequent the hotspot, by each day of the week and at different times of day

(f) Proportion of people who return



(g) Any other factors that influence migrant population members to frequent hotspot or participate in its activities

The script below is for guidance only; as the Outreach Worker establishes a report with the interviewee, the real life

conversation can flow more naturally. However, it is important for the Outreach Worker to have a checklist of relevant

questions so that he or she does not forget to ask for all the necessary information.

Namaste, My name is _____ and I work for an Non-Governmental Organisation named XXX. It is an Non-Governmental

Organisation that works for the betterment of health of people. We are gathering information to learn more about people

who are at risk of AIDS. Now, I want to gather some details about the different kinds of people who come to your parlour.

This information will help us serve people at risk of AIDS in a better way.

Could you please tell me since when are you running this video parlour? How many screens do you have, i.e. at one

particular time how many movies you can show?

How many days of the week do you operate? What is your day(s) off?

What languages are your movies in?

What categories of movies do you show (family, action, erotic, etc.)?

Do you show all categories of movie everyday, or is there any particular day assigned for the particular category? If

so, which categories of movies are shown on which days?

If this parlour has multiple screens, on how many screens do you show which category of movies?

What is the time gap between two shows?

How much do you charge for each movie? Is there a price difference between the categories of the movies? What is

the detailed pricing?

I would like to know more about the types of people who visit your parlour. Please tell me what types of men generally

come here - their age, educational background and occupation.

Please give me a detailed idea of the average number of people coming per show on each day of the week.

Time

Mon

Tue

Wed

Thu

Fri

Sat

Sun

2034 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

11. Among the people who come to watch any particular show, what proportion of them comes back for

another show?

12. Is there a day in the week when a large number of people come in comparison to other days? Is there

any particular reason behind it?

13. Is there a time during the day when a large number of people come in comparison to other times? Is

there any particular reason behind it?

14.

How frequently you do change the movies, i.e. for how many days generally do you show a

particular movie?

ANNEXURE 7

Hotspot Screening (Patrons)

The table below gives an example of the kinds of questions used to gather information about migrants who

frequent a hotspot and their relationship to it. The example in this case is a video parlour, but similar

information could be elicited from a different kind of hotspot, with a modified questionnaire. The factors to

be investigated at any hotspot are:

(i) Age and educational background

(ii) Geographic and linguistic origin

(iii) Occupation and income

(iv) Length of time in present location, and whom residing with

(v) Timings and frequency of visits to hotspot, reasons for doing so and particular interests there

(vi) Whether frequenting other hotspots

(vii) Frequency of sexual behaviour during past 3 months

(viii) Sexual partners and locations of sex

The script below is for guidance only; as the Outreach Worker establishes a report with the interviewee, the

real- life conversation can flow more naturally. However, it is important for the Outreach Worker to have a

checklist of relevant questions so that he or she does not forget to ask for all the necessary information.

Name of Video Parlour

Code

Movie Timings

Date_____________

ID CODE_______________

START TIME

Day______________

END TIME

Name of Interviewer ___________________

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

2035

Section 1: BACKGROUND

No.

Questions

Coding Categories

Could you please tell me how old you are now?

Age ___________

Could you please tell me to which level you have studied?

Illiterate

Literate but no schooling

Primary (1-4)

Middle (5-7)

Secondary (8-10)

Higher Secondary (11-12)

Could you please tell me, what is your occupation?

Which language do you speak?

Marathi

Hindi

Tamil

Telgu

Malayalam

Urdu

Other ____________

Could you please tell me which State you are from?

Maharashtra

Andhra Pradesh

Tamil Nadu

Karnataka

Kerala

Uttar Pradesh

Bihar

Other _____________

Where do you stay in this city?

How long you have been living here?

No. of completed years

If less than 1 year

Since birth

With whom do you stay?

Alone

With wife

With parents or parents-in-law

With friends

With relatives

With co-worker

With wife and parents

Others _____________

Could you please tell me , whether you are - __________?

(Use one code only)

Single

Married

Divorced

Widower

2036 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

What is your average monthly income?

Up to Rs. 1500

Rs. 1501 to Rs. 2000

Rs. 2001 to Rs. 5000

Rs. 5001 to Rs. 8000

Refuse to say

No income at all

Section 2: RELATIONSHIP TO HOTSPOT

No.

Questions

Coding Categories

In a week, how many times do you watch movies in this

parlour?

In a week, on which days do you come to this video parlor?

(Multiple answers possible)

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Sunday

Holidays

No specific day

Which shows do you prefer to watch?

What type of movie do you generally prefer to watch?

Romantic Film

Horror Film

Comedy Film

Blue Film (Erotic Film)

Action Film

Other

How much time it takes to reach this video parlour from the

place you stay?

---------------------------------------------

Do you go to other parlours to watch movie other than this

video parlour?

Yes 01

No 02

Q21

Where are these parlours located?

How many times in a week do you go to other video

parlours?

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

2037

Which days do you go to watch movies at these video

parlours?

(Multiple answers possible)

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Sunday

Holidays

No specific day

Which shows do you prefer to watch in those video

parlours?

SEXUAL BEHAVIOUR

Introduction: Now I will ask you few questions related to your sexual behavior in the past 3 months. Whatever

information you provide will be kept confidential.

No Questions

Coding Categories

Have you ever had sex in the last 3 months?

Yes

Continue

Thank and

terminate

Think about the female sexual partners you’ve had in the

last 3 months. Would you say they were

“REGULAR ” PARTNERS- Wife(s)

“COMMERCIAL” PARTNERS – Partners with whom you

had sex in exchange for money

“NON-COMMERCIAL” PARTNERS – Sexual partners you

that you are not married to and did not pay, such as

fiancée, girlfriends, mistress

(DO NOT INCLUDE SPOUSE in this category)

REGULAR

Yes

Don’t Know

COMMERCIAL

YES

Q23

Don’t Know

NON-

COMMERCIAL

YES

Don’t Know

No Questions

Coding Categories

Instructions: Q23 IS ASKED TO THOSE WHO HAVE CODED ‘1’ IN “COMMERCIAL PARTNER” IN Q22.

OTHERWISE, PROCEED TO Q24

Could you please tell us which place(s) you went to to have

sex with a Commercial Sex Worker?

2038 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Some people have sex with women or girls, and others

have sex or masti with other men or boys. In the last 3

months, did you have sex or masti with another man or

boy?

Yes

Q27

What type of sex did you have with a male partner?

(Multiple answers possible)

Anal Sex

Oral sex

Manual sex

Could you please tell us where you went to have sex? (Anal

sex, oral sex or manula sex)

Some people have sex with men or boys, and others have

sex or masti with hijra. In the last 3 months, did you have

sex or masti with any hijra?

Yes

Thank and

terminate

What type of sex did you have with a hijra partner?

(Multiple answers possible)

Anal Sex

Oral sex

Manual sex

Could you please tell us where you went to have sex with a

hijra partner?

Thank

and terminate

2042 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

National AIDS Control Organisation guidelines on Strengthening HIV or AIDS interventions in

the world of work in India

To:

All Project Directors, State or District AIDS Control Societies Health Secretaries, State Governments and Union Territories

The AIDS Policy of the Government of India stresses that the organised and unorganised sector of industry needs to be

mobilised for taking care of the health of the productive sections of their workforce.

Nearly 90% of the HIV infections have been reported from the most productive 15-49 years age group in India. If urgent

efforts are not taken, this will adversely affect workers, their families, enterprise performance and the national economy.

India has a working population of around 400 million, 93% of whom are in the informal economy, who are more difficult to

reach. These workers are especially vulnerable to HIV or AIDS. Generally, they have low access to health care facilities and

low health seeking behaviour. They have either no or low social protection benefits. It is, therefore, necessary to strengthen

HIV or AIDS programmes in the world of work in India on an urgent basis.

No organisation can do it alone. This can happen if HIV or AIDS response becomes truly multi-sectoral and HIV or AIDS is

mainstreamed in the existing programmes of ministries, government departments, private sector, employers’ organisations

and trade unions or civil society organisations. To give highest priority to the mainstreaming process, a National Council on

AIDS (NCA) has been set up in India, which is chaired by the Prime Minister. The objectives of NCA are:

(a)

To mainstream HIV or AIDS in all ministries and departments by treating it as a development challenge,

and not merely a public health problem;

(b)

To provide leadership to mount a multi-sectoral response to combat HIV or AIDS in the country with

special reference to youth, women and the workforce.

These guidelines are issued with a view to help State AIDS Control Societies and other relevant stakeholders in

strengthening HIV or AIDS response in the world of work at the national or State levels.

HIV or AIDS workplace policy:

State AIDS Control Society can assist government departments, private sector, employers’ and workers’ organisations to

develop workplace policy, based on the national policy framework and the guidelines of the International Labour

Organization Code of Practice on HIV or AIDS and the world of work. Key principles of the International Labour Organization

Code around which policy can be developed are:

Recognition of HIV or AIDS as a workplace issue, non-discrimination due to HIV status, gender equality, creation of healthy

work environment, social dialogue, no HIV screening for the purpose of employment, respecting confidentiality regarding

HIV status, continuation of employment relationship as long as a person is fit to work, provision for HIV prevention efforts

through education and training of employees and their families, and care and support, including counselling of individuals or

families and treatment.

Operational or programmatic issues:

(1)

State or District AIDS Control Societies should designate a staff member to coordinate workplace

interventions at the State AIDS Control Society level. If it is not possible to dedicate a staff member from

the existing personnel, a request may be made to National AIDS Control Organisation for seeking

approval of a dedicated person to be appointed on contractual basis at the level of the Non-

Governmental Organisation adviser.

(2)

State AIDS Control Society should develop a clear work plan, with timeline and budget, which could be

presently supported from the inter-sectoral component under the State AIDS Control Society budget. If

allocation is not available, State AIDS Control Society should seek funds from National AIDS Control

Organisation by sending a work plan along these guidelines. State AIDS Control Society should include

this component under the State PIP being prepared for National AIDS Control Programme III. State AIDS

Control Society work plan for this component should cover the following areas:

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

2043

a. Sensitisation or capacity building programmes for key departments, employers’ organisations or

chambers, trade unions, starting with main sectors in the states;

b. Assisting partners in developing their work plans, and supporting them in terms of training or

materials or condoms. Enterprises should be encouraged to implement their work plans at their

own cost. The support from State AIDS Control Society should be technical in nature related to policy

development, training of peer educators, provision of communication materials, condoms and

facilitating linkages with the Voluntary Counselling and Testing Centres or Sexually Transmitted

Infection clinics or Antiretroviral Therapy centres. Enterprises should be encouraged to support the

cost of treatment, including treatment with Antiretroviral drugs, for their employees or families as part

of their policy. For contractual employees, they can set up linkages with government hospitals or

Antiretroviral Therapy Centres or Employee State Insurance Corporation scheme, wherever

applicable;

c. State AIDS Control Society can offer technical as well as financial support for projects of small and

microenterprises and trade unions in the formal and informal sectors. It would be critical to identify

entry points through industry associations, unions and other bodies’ while developing these

interventions. State AIDS Control Society can engage their partner Non-Governmental Organisations

to help in this process;

d. State AIDS Control Society should support setting up Voluntary Counselling and Testing Centres in

enterprises which have their own clinical set-up. This will enhance the coverage of Voluntary

Counselling and Testing Centres in the State;

e. State AIDS Control Society should also collaborate with the State labour departments, Central Board

of Worker’s Education and Employees State Insurance Corporation, two key institutions of the

Ministry of Labour and Employment Government of India, who are engaged in the HIV or AIDS

programme. Employee State Insurance Corporation scheme also covers for Antiretroviral Therapy

drugs. However, State AIDS Control Society may like to collaborate with them for training of doctors,

so that treatment protocols are correctly followed;

f. Involvement of People Living with HIV or AIDS is an effective strategy in the advocacy or training

programmes which should be implemented in collaboration with the State-level People Living with

HIV or AIDS networks. This is also a good strategy for fighting HIV or AIDS related stigma and

discrimination;

g. For covering workers in the informal economy, State AIDS Control Society are already

supporting mobile and migrant workers through Non-Governmental Organisations in their Targeted

Interventions projects. This coverage can be enhanced by carefully mapping the State-specific

vulnerable groups and developing composite projects through Non-Governmental Organisations. In

addition, some more approaches can be attempted for enhancing; coverage. First, mainstreaming

HIV or AIDS in the programmes of various government departments or schemes. Second, engaging

civil society organisations - Non-Governmental Organisations working in areas like adult education,

health, Income generation, etc.- to mainstream HIV or AIDS within their activities. Third, engaging

trade unions in their areas where they have their sectoral unions like the agriculture workers unions,

postal workers unions, plantation workers unions, transport workers union, construction workers

union, etc. Fourth, encouraging corporate sector to cover their contractual workers as well as workers

in their supply chains.

Technical support or materials for the world of work programme:

State AIDS Control Society can utilise the following set of materials that have been developed by International Labour

Organization India to support HIV or AIDS interventions in the world of work:

(a) The International Labour Organization Code Of Practice, available in English and Hindi, for policy and programmatic

guidelines.

(b) An Indian Employers Statement of Commitment on HIV or AIDS, signed by seven key employers organisations or

chambers in India: All India Organisation of Employers, Associated Chambers of Commerce and Industry of India,

Confederation of Indian Industries, Employers’ Federation of India, Federation of Indian Chambers of Commerce and

Industry, Standing Conference of Public Enterprises and Laghu Udyog Bharati. This statement is published along with

a working paper on “Enhancing Business response to HIV or AIDS in India Operational Guidelines with estimated Cost

Analysis”.

(d) A Training manual for Master Trainers or Peer Educators of enterprises (includes the enterprise-based strategy as

well).

2044 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

(e) A CD containing an advocacy film for enterprise, training manual, key presentations and collocation of audio-visual

spots for enterprise-based programmes.

(f) A bilingual (English and Hindi) card game for workplace peer educators.

(g) A training manual for trade unions in English and Hindi, a handbook and a film on role of trade unions on HIV or AIDS

in English and Hindi.

(h) A set of six posters on HIV or AIDS and the world of work.

(i)

A flip book for unorganised sector workers, produced by International Labour Organization and Central Board of

Worker’s Education.

(j)

A handbook for labour administrators in English, produced by International Labour Organization and V.V. Giri National

Labour Institute.

The International Labour Organization materials are available at www.ilo.org/hivaidsindia. International Labour Organization

will be sending a complete set of materials to State AIDS Control Society. The International Labour Organization is also

willing to share the text or art work of posters or materials with State AIDS Control Society, which could be adapted or

translated into regional languages and replicated by State AIDS Control Society.

ANNEXURE 9

Information Collection in Stakeholder Analysis

Introduction

Participatory tools are particularly useful when outreach work involves the exchange of sensitive or private information.

Groups like migrants and sex workers themselves can give key insights on existing behaviour, attitudes and practices and

barriers to safer behaviours. Hence it is worth investing in training Non-Governmental Organisation partners and peers in the

basics of participatory techniques. These can be useful not only in the start-up phase but throughout the project cycle when

different messages and Behaviour Change Communication need to be planned, designed and developed.

There are many references and guidelines for participatory techniques for collecting quantitative and qualitative data. Some

of these are summarised below.

Mapping

Mapping is an effective Participatory rural appraisal technique for gathering information that captures the complexity of local

situations. It helps locate important landmarks in an area and identifies Key Informants or guides. Mapping permits the rapid

assessment and analysis of a particular situation with the goal of providing accurate, timely information that can be used to

develop intervention strategies. An important advantage of this method is that it can be used effectively with uneducated

target groups.

Mapping can collect information on:

1) Exact locations within the clusters in which the target population reside or operate

2) Validation of estimates of target population in each intervention site

3) Social networks, brothels, truckers halt points, drug-using points, beer bars, lodges, video parlours, and places where

street based sex workers operate

4) Service facilities such as government or municipal health clinics, family planning clinics, hospitals, Sexually Transmitted

Infection or drug abuse treatment centres, primary health care centres, medical colleges, Voluntary Counselling and

Testing Centres and other health care facilities. This information can be useful for building a referral network during

intervention.

5) Traditional and non-traditional outlets which currently stock or sell condoms

6) Other outlets or persons or places which are potential condom outlets

7) Other infrastructure, e.g. parks and gardens, water tanks, public toilets and private properties

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

2045

Mapping Information Form

City or Town or District Information about Migrant Locations or Sites

Date

Name of the town or city

Name & contact information of the Key Informant

Key Informant type

Key Informant gender

Locations of migrants with estimated numbers

No.

Place Name

Estimated Number (Range)

Notes :

Investigator’s signature:

Supervisor’s signature:

Key Informant Interviewing

Separate interviews can be conducted with Key Informants of the community. This is considered an

effective methodology to collect correct information about migrants, as Key Informants are intimately

involved with or exposed to them. Key Informants are individuals with special knowledge, status, or

communication skills who are willing to share what they know with the intervention team. They usually have

direct expert knowledge, or are identified as an expert by others and can give detailed as well as contextual

information. They also have a different relationship to the migrant community than the interviewer or

researcher in terms of providing information, introductions and interpretations, often an a day-to-day basis,

as well as access to observations that an outsider would not normally have.

An illustrative list of who could be productive Key Informant could include:

(a) Administrators and officials, e.g. lawyers, judges, police, doctors and paramedics, teachers, etc.;



(b) Street vendors, taxi or auto drivers, traditional healers, youth club members, community leaders,

Non-Governmental Organisation personnel, dhaba owners, barbers, etc.;

Labour Department officials.

2046 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Key informants Interview Checklist

Date

Name of town or city

Name of location or site

Name & contact information of the Key Informant

Key informant type

Key Informant gender

Male: 1

Female: 2

Questions

Probe points for recording answers verbatim

What are the main occupations or work of the people

living at this location? Are they the usual residents

of this place or have they migrated from nearby

places or villages?

Probe for the main occupations or work of the people

living in this locality

Are these migrants mainly males living alone, or

Probe for the number of male single migrants and

do they live with their family?

also for those living with the family

From which areas mainly are the migrants living

Probe for their place of origin – in-state or out of state

in this locality?

Do you know people who gather in and around this

Probe whether any daily migrants congregate

locality in search of employment, who come from the

in this locality

nearby villages and go back to their place of

residence in the evening?

Are the migrants living in this locality here

Probe for seasonal pattern of migrants who come to

permanently (the majority for more than a year or

live here

so) or do they come here and go back during

particular months or seasons of the year?

Do you think that the migrants living in this locality

Probe for sexual behaviours or drug usage, etc.

(either male or females) are at risk of getting

HIV infection? If so, why do you think so?

In your opinion, which behaviours of these migrants

make them more vulnerable to getting HIV or AIDS?

Do you know any other person(s) who could tell me

Write down the names and contact details

more about the questions which I have asked you?

of these persons.

Please let me know their names and contact

addresses.

Validation and recording the numbers of migrants at the location

Total number of the migrants at this location (may be

in range)

Males

Females

Males without family

Females without family

Secondary Sources

Secondary sources are materials already published or recorded by others (individuals, research institutions and papers,

records and registers), including reference works, data from surveys and existing records.

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

2047

Focus Group Discussion

Focus group discussion is a method for eliciting qualitative information from a homogeneous group interaction, in order to

produce data and insights that would be less accessible without the interaction found in a group. The key concept here is

group interaction. Unlike simple group interviews, Focused Group Discussions depend as much on the exchange of ideas

among participants as they do on answers to specific questions from the interviewer. In a Focused Group Discussion, the

interviewer is in fact called a moderator, underscoring the role of guide and facilitator in the group process.

Focused Group Discussions can be highly effective sources of data for studies that focus on social norms, expectations,

values and beliefs. These stimulate people to share their own ideas and debate the view of others. Most Focused Group

Discussions have relatively homogenous groups with respect to age, sex and backgrounds, e.g. a group of migrant

labourers of the same age and sex, or a group of community influencers from a particular community.

Checklist for Focused Group Discussion

Discussion points (not questions)

Notes

1. Place(s) of origin of migrants (District, Block, etc.)

2 Type(s) of work in which migrants are mainly involved

3 Awareness about HIV or AIDS among migrants

4 Awareness about Sexully Transnitted Infections

People suffering from Sexually Transmitted

Infections and their treatment seeking behaviour

Multiple partners for sex or other extra-marital sexual

behaviours

Visits to Female Sex Workers

Homosexual activity

Injecting drug use

Knowledge about condoms

Availability and use of condoms

Any type of sexual harassment heard about by

migrants

Any other relevant information

In-Depth Interview

The in-depth interview is a qualitative research technique used to get more detailed information on issues which can not be

fully elicited from a focus group discussion, e.g. a life history. It is similar to a Focused Group Discussion, but the interview

takes place with one individual rather than a group of individuals. The facilitator uses a pre-designed flexible discussion

guide, leaving most questions open-ended.

In-depth interviews require an experienced facilitator with the skills to carry an interview by him- or herself to gain maximum

information. As with the Focused Group Discussion, the interview is so far as is possible to be recorded manually or by tape

recorder after receiving the respondent’s permission.

2048 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Individual in-depth interview form

In-depth interview form for migrants(to be filled in while interviewing migrants at the selected locations)

Migrant profile

1 How many months per year do you spend in nearby

towns or cities like these for work?

2 How many months per year do you spend in your home

village

If the above questions do not indicate that the migrant fits the definition for Targeted

Interventions, terminate the interview, otherwise continue.

3 Where are you from? (Village, Mandal or Taluk or

Block, District, State – record all of these)

4 For how long have you been migrating (year)?

5 What kind of work do you do in the town or city?

(i) Digging

(ii) Construction labour

(iii) Road laying

(iv) Masonry

(v) Carpentry

(vi) Agricultural labour

(vii) Other (specify)

6 Have you currently migrated:

(i)With all your family members

(ii)Some family members, but not including spouse

(iii) Some family members, including spouse

(iv)No family members (alone)

7 How do you get work?

(i)Stand in naka everyday, trying to get work

(ii)Have a fixed arrangement with a contractor for

whole period of migration

(iii)Have a fixed arrangement with a contractor for

some period of migration

(iv)Other (specify)

What are the major reasons you have come to this

specific town or city (over others) as a migrant? (Not

reasons for migrating from source, but reasons for

choosing

this specific destination.)

9 Where do you stay in this town or city? Where do

you solicit for work (if you do)?

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

2049

Knowledge and Behaviour about HIV or AIDS

Have you heard the term HIV or AIDS or both?

If yes, continue, otherwise go to 13.

How does HIV spread or how is it transmitted?

(i)Mosquitoes

(ii)Hugging

(iii)Heterosexual practices – penetrative

(iv)Kissing

(v)Using the same toilet

(vi)Blood transfusion

(vii)Lesbianism (female having sex with female)

(viii)

Sharing blades for shaving in barber shop

(ix)

HIV infected mother to child

(x)

Oral sex

(xi)

Sharing same syringes for injections

(xii)

Heterosexual practices – non-penetrative

(xiii)

Homosexual practices

(xiv)

Anal sex

(xv)

Sharing food

How can we prevent acquiring HIV or AIDS?

(Do not prompt)

(i)Using sterilised needles

(ii)Accepting only HIV tested blood for transfusion

(iii)Abstinence

(iv)Be faithful to one partner

(v)Using condoms

(vi)All of the above

(vii)None of the above

(viii)Don’t know

We would like to ask you a sensitive question about sex life…

(i)Have you visited a sex worker in the last one month ?

(ii)In the last 12 months ?

(iii)If you did visit, did you use a condom everytime?

(iv)If not, in how many sexual contacts did you use a condom

(out of how many contacts during the last one year)?

(v)If not in all sexual contacts, why (specify)?

In the last 3 months, have you ever had any problems such as genital

ulcer, urethral discharge, swelling in groin, burning urination)?

If yes, what did you do?

(i) Any treatment?

(ii)Where?

(iii)Got cured?

(iv) Did you have sexual intercourse with anyone while suffering from

Sexually Transmitted Infection?

Have you ever used a condom?

From where do you procure condoms?

Ask if migrant is married:

(i)Do you use condoms when having sex with your wife (whether

she is living with you here or when you go back to your place)?

(ii)Do you use condoms with your wife in all sexual acts or

occasionally?

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

2051

ANNEXURE 11

Ongoing Assessment of Volunteer Peer Leaders and Migrants

Ongoing Assessment Tool for Volunteer Peer Leaders

under Migrant Targeted Interventions

City

State

Occupation of the Volunteer Peer Leader Migrant

Site name

Interviewer name

Date

Questions

Options

Have you heard about AIDS?

Yes ……………………………………1

Do you know the ways by which HIV or AIDS cannot be transmitted

from one person to another?

(Tick all the options spon-taneously provided by the Volunteer Peer

Leader)

By shaking hands ……………….….1

By mosquito bite ……………..…... 2

By sharing food together ………... 3

By sharing clothes……………..…. 4

By accompanying the infected person…5

Do you know the ways by which HIV or AIDS can be prevented?

Abstinence…………………..1

Be faithful, one partner……..2

Use condom in every sexualcontact…3

Blood Safety………………………….…4

Precaution for needle use…………….5

Do you think a healthy-looking person can get AIDS?

Yes …………………………………… 1

How does HIV spread?

HIV infected blood transfusion……....1

Sharing of HIV infected needles…….2

Unprotected intercourse with HIV

infected person………………………....3

HIV infected mother to the infant…….4

Other……………………………………5

What is the difference between other Sexually Transmitted Infections

and AIDS?

AIDS is not curable ..……………….…1

Sexually Transmitted Infections are

curable ……..………………………..…2

Both AIDS & Sexually Transmitted

Infections are preventable ………...…3

Other (specify) ………………………...4

Can you describe the steps for correct use of a condom?

Correctly described …………………. 1

Do you know the places where condoms can be obtained?

Hospitals………………………………..1

Medical shops …………………………2

Health workers…………………….......3

Volunteer Peer

Leaders……………………………..……..4

Free condom boxes at public place . .5

2052 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Sl.

Questions

Options

As a Volunteer Peer Leader and being associated with the project,

how many persons do you contact per week?

Less than 5……………………………..1

Less than 10……………………………...2

Less than 15..……………………. 3

More than 15..………………..…………..4

Are you aware of any disease of reproductive or sexual tract

(Reproductive Tract Infections or Sexually Transmitted Infection)?

Can you name any three symptoms of such diseases?

Not aware..................................... .0

Itching…………………………….… 1

Boils around genitalia…………………...2

Discharge………………………... 3

Ulceration ………………………………..4

Burning or painful urination…………….5

Pain during intercourse…………………6

Warts on genitalia……………………....7

Lower abdomen pain………………..…8

Others (Specifiy) ___________

What advice would you provide to a person who is suffering from a

Sexually Transmitted Infection?

Seek treatment from a doctor ………... 1

Seek advice from traditional healers… 2

Use condoms…………………….……….3

Complete treatment………………………4

Others (Specify)____ _____________

Do you refer patients who have some signs or symptoms of

Sexually Transmitted Infections?

Yes………………………………… 1

If yes, where do you refer them?

Name of referral places

Do you follow up with the referred cases about their treatment

compliance?

Yes………………………………….….. 1

No……………………………………..… 2

Do you keep condoms for distribution (Free supply & SM)?

Yes…………………………………..….. 1

No……………………………………..… 2

[भाग II— ण् ड3(ii)]

भारत का रािृत्र : अगस्ट् त 22, 2020/श्रावण 31, 1942

2053

Ongoing Assessment Tool for Migrants within Targeted Interventions

Sl.

Questions

Options

Have you heard about AIDS?

Yes ……………………………………………1

No……………………………………….2

No response……………………………3

Do you know the ways by which HIV or AIDS cannot be

transmitted from one person to another?

(Tick all the options spon-taneously provided by the Volunteer

Peer Leader)

By shaking hands ……………….…………..1

By mosquito bite …………….………..…..... 2

By sharing food together …………………... 3

By sharing clothes………………………….. 4

By accompanying the infected person…..…5

Do you know the ways by which HIV or AIDS can be

prevented?

Abstinence…………………………………......1

Be faithful, one partner……………….……....2

Use condom in every sexual contact…….…3

Blood Safety……………………………..….…4

Precaution for needle use………………..….5

Do you think a healthy-looking person can get AIDS?

Yes ………………………………………...… 1

How does HIV spread?

HIV infected blood transfusion………….......1

Sharing of HIV infected needles…………....2

Unprotected intercourse with HIVinfected

person…………………………………..……....3

HIV infected mother to the infant…………….4

Other………………………………………....…5

Can you describe the steps for correct use of a condom?

Correctly described ……………………….….1

Do you know the places where condoms can be obtained?

Hospitals………………………………...…......1

Medical shops …………………………..….....2

Health workers………………………..............3

Volunteer Peer Leaders..……………….…....4

Free condom boxes at public place ………..5

Are you aware of any disease of reproductive or sexual tract

(Reproductive Tract Infections or Sexually Transmitted

Infection)? Can you name any three symptoms of such

diseases?

Not aware............................................0

Itching…………………………..……….1

Boils around genitalia……………...….2

Discharge……………………………….3

Ulceration ……………………………....4

Burning or Painful urination……...…...5

Pain during intercourse………………..6

Warts on genitalia………………..…….7

Lower abdomen pain…………………..8

From where did you come to know about Sexually Transmitted

Infections or Reproductive Tract Infections & HIV or AIDS?

(Tick the answers reported by the respondent)

Watched on TV…………………………….....1

Listen on Radio………………………………..2

From Poster or Hoarding or wall writings…..3

From Volunteer Peer Leader…………….....4

From Non-Governmental Organisation staff…

…………………………………………………5

News Paper …………………………. 6

Registered Medical Practitioners or Quack

………………………………….. ………7

Any other (specify) _____________

2054 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Questions

Options

Did anyone provide you information about HIV or AIDS in the last

one month?

Yes ……………………………….. 1

If yes, please tell me who provided this information

Government Doctor...…………..……...1

Nurse…………………………………….2

Private Doctor………………….……. .3

PMP……………………………………..4

Medical stores or pharmacy…………..5

Volunteer Peer Leader………………..6

Non-Governmental

Organisation

worker….. ……………………………...7

Friend…………………………………..8

Family member………………..…..…..9

Do you keep condoms readily available with you?

Any other (specify)________________

Yes…………………………………....1

No……………………………………...2

Sometimes...........................................3

Do you use a condom regularly with all partners?

Yes…………………………………… .1

No……………………………………....2

Don't use with spouse…………..…….3

Did you use a condom in your last sexual contact?

Yes……………………………………...1

No………………………………………..2

No response…………………….…..….3

Did you suffer from Reproductive Tract Infections or Sexually

Transmitted Infection during the last 3 months?

Yes……………………………….…….1

If yes, where did you seek treatment?

Government hospital…………………..1

Private practitioners……………..…….2

Traditional healers……………….…...3

Self……………………...………….….. 4

Did not take any treatment…...……. .5

Others (specify)____

Did you complete the treatment as prescribed by the doctor?

Yes…………………………….……….1

If no, why did you stop treatment?

Side effects …………….……….…… 1

Symptom not cured ……….……… ...2

Peer Pressure ……………………… ..3

Monetary problems …………….…. .4

Others (specify)

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2055

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[Qk- la- Vh&11020@50@1999&ukdks ¼ih ,aM lh½]

vkyksd lDlsuk] la;qDr lfpo

New Delhi, the 14th August, 2020

S.O.684 .—Whereas sub-section (1) of section 46 of the Human Immunodeficiency Virus and

Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (16 of 2017) provides that

the Central Government may make guidelines consistent with the said Act and any rules made there

under, generally to carry out the provisions of the said Act;

And whereas sub-section (2) of the said section, inter alia, empowers the Central Government to

make Link Workers Scheme Operational Guidelines, 2018;

Now, therefore, in exercise of the powers conferred by section 46 of the Human

Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act,

2017 (16 of 2017), the Central Government hereby notifies the “Link Workers Scheme Operational

Guidelines, 2018” as per the Schedule annexed to this notification.

[F. No. T-11020/50/1999-NACO (P&C)]

ALOK SAXENA, Jt. Secy.

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2057

Contents

CONTENTS ................................................................................................................................. 4

FOREWORD ............................................................................................................................... 7

PREFACE .................................................................................................................................... 9

ABBREVIATIONS ........................................................................................................................ 10

INTRODUCTION ......................................................................................................................... 12

OBJECTIVES OF LINK WORKER SCHEME ................................................................................... 15

PURPOSE OF THE GUIDELINES .................................................................................................. 15

TARGET AUDIENCE OF THE GUIDELINES .................................................................................. 15

SALIENT FEATURES OF LINK WORKERS SCHEME ...................................................................... 16

SERVICES PROVIDED UNDER LINK WORKERS SCHEME ........................................................... 16

Operational Definitions used in the Guidelines ....................................................................... 18

Organogram of Implementation and Management of Link Workers Scheme ......................... 22

Organogram of Implementation of Link Workers Scheme at Non-Governmental

Organisation level .....................................................................................................................

CHAPTER 1:RATIONALE FOR PREVENTION INTERVENTIONS AMONG RISK AND

VULNERABLE POPULATION INRURAL AREA .............................................................................

1.1 RATIONALE FOR PREVENTION INTERVENTIONS AMONG RISK AND VULNERABLE

POPULATIONIN RURAL AREA ....................................................................................................

1.2 HIV RISK AMONG RURAL POPULATION .............................................................................. 25

1.3 FACTORS WHICH MAKE RURAL POPULATION VULNERABLE TO HIV.................................. 25

Take home messages: ............................................................................................................... 26

CHAPTER 2: GUIDELINES FOR STATE AIDS CONTROL SOCIETIES AND TECHNICAL SUPPORT

UNIT ..........................................................................................................................................

Role of State AIDS Control Societies and Technical Support Unit: ........................................... 28

Role of State AIDS Control Societies: ........................................................................................ 28

Role of Technical Support Unit .............................................................................................

2058

THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Role of Technical Support Unit Project Officer .....................................................................

2.1 DEFINING THE TARGET POPULATION AT RISK AND SITE ASSESSMENT .......................

Steps in Defining the target population at risk .....................................................................

2.2 DEFINING THE LOCATION WHERE THE SCHEME CAN BE IMPLEMENTED......................

Exclusion criteria for both Broad Mapping and Site Assessment..........................................

Target Setting for Link Worker Scheme Districts: .......................................................... …….. 38

2.2 DETERMINING AVAILABILITY OF APPROPRIATE SERVICES ............................................

2.3 CAPACITY BUILDING OF IMPLEMENTING PARTNERS ………............................................ 42

2.4 MONITORING AND EVALUATION ..................................................................................

Specific Strategy for North Eastern States and Tribal areas ................................................. 44

Take home messages: ........................................................................................................... 45

CHAPTER 3: GUIDELINES FOR IMPLEMENTING PARTNERS ................................................... 46

3.1 PRINCIPLES OF SERVICE DELIVERY AMONG RISKY AND VULNERABLE POPULATION IN

A RURAL SETTING …………………………………………………………………………………………………………...

3.2 PROGRAMME STRATEGIES ............................................................................................ 48

Different Service Delivery Models ........................................................................................

3.3 COMPONENTS OF SERVICE DELIVERY ...........................................................................

Behavioural Component .......................................................................................................

Bio-medical Component .......................................................................................................

Positive Prevention Services: ................................................................................................

3.5 HUMAN RESOURCE MANAGEMENT .............................................................................

Take home messages: ...........................................................................................................

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2059

CHAPTER 4: REPORTING AND DOCUMENTATION AND QUALITY ASSURANCE

MECHANISM. ……………………………………………………………….………………………………………………….

4.1 DOCUMENTATION AND REPORTING ............................................................................. 73

4.3 QUALITY ASSURANCE MECHANISMS ............................................................................

5.1 MONITORING AND EVALUATION ..................................................................................... 75

5.1.1 PERFORMANCE INDICATORS ........................................................................................... 75

CHAPTER 6: ROLE OF STAKEHOLDERS ...................................................................................... 78

6.1 ROLE OF STAKEHOLDERS ................................................................................................... 79

ANNEXURES .............................................................................................................................. 82

Annexure 1 (Format for line listing cum service tracking sheet) ............................................. 83

Annexure 2 (Line list format for migrants) ............................................................................... 84

Annexure 3: Interpersonal Communication Tools ................................................................... 85

Annexure 4 (Referral and Linkage register for Cluster Link Workers) ..................................... 88

Annexure 5 (Referral and Linkage monitoring formats for Zonal supervisor) ........................ 89

Annexure 6 (Stock and Issue register for Cluster Link Workers) ............................................. 90

Annexure 6a (Stock and Issue register for District level) ........................................................ 91

Annexure 7: (Visit report) ......................................................................................................... 93

Annexure 8 (Meeting activities register) ................................................................................. 94

Annexure 9: Recruitment Process ........................................................................................... 95

Annexure 10 (Human Resources) ............................................................................................ 96

Annexure 11 (Monthly Reporting Format) .............................................................................. 97

Reporting Requirements: ......................................................................................................... 100

Data definitions: ....................................................................................................................... 101

2062

THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Abbreviations

AAP

Annual Action Plan

ANC

Ante Natal Care

ANM

Auxiliary Nurse and Midwifery

ART

Anti Retro Viral Treatment

ARV

Anti Retro Viral

ASHA

Accredited Social Health Activist

AWW

Anganwadi worker

BCC

Behaviour Change Communication

BDO

Block Development Officer

CBO

Community Based Organisation

CDPO

Child Development Project Officer

CHC

Community Health Centre

CMIS

Computerised Management Information

System

DAPCU

District AIDS Prevention and Control Unit

DHS

District Health Society

DOTS

Direct Observed Treatment and Short

Term Chemotherapy

DSRC

Designated Sexually Transmitted Infections/Reproductive Tract Infections

Treatment Centre

DTO

District Tuberculosis Officer

FGD

Focus Group Discussion

FICTC

Facility ICTC

FSW

Female Sex Workers

Health &

Health and Family Welfare

HRG

High Risk Group

HSS

HIV Sentinel Surveillance

ICDS

Integrated Child Development Scheme

ICTC

Integrated counselling and Testing Centre

IDU

Injecting Drug User

IEC

Information, Education and

Communication

IPC

Inter Personal Communication

Key Population

LFU

Loss to Follow up

LWS

Link Worker Scheme

MIS

Management Information System

MNERGA

Mahatma Gandhi National Employment

Guarantee Act

MSDS

Migrant Service Delivery System

MSM

Men who have Sex with Men

2063 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

MSW

Male Sex Worker

NACO

National AIDS Control Organisation

NACP

National AIDS Control Programme

NACSP

National AIDS Control Support Project

NCR

National Capital Region

NERO

North East Regional Office

NGO

Non Government Organisation

NTSU

National Technical Support Unit

Opportunistic Infections

ORS

Oral Rehydration Salt

OST

Opioid Substitution Therapy

OVC

Orphan and Vulnerable Children

PHC

Primary Health Centre

PLHA

People Living with AIDS

PLHIV

People Living with HIV

PPICTC

Public-Private Partnership ICTC

PPTCT

Prevention of Parent to Child Transmission

PRI

Panchayati Raj Institution

RSBY

Rashtriya Swasthya BimaYojana

RTI

Reproductive Tract Infections

SACS

State AIDS Control Societies

SHG

Self Help Group

SNA

Situation Need Assessment

SOP

Standard Operating Procedures

STD

Sexually Transmitted Diseases

STI

Sexually Transmitted Infections

STLS

Senior Tuberculosis Laboratory

Supervisors

STRC

State Training and Resource Centres

Tuberculosis Bacili

Transgender

Targeted Interventions

TSG

Technical Support Group

TSU

Technical Support Unit

Utilisation Certificate

UNDP

United Nations Development Programme

Uttar Pradesh

VHND

Village Health and Nutrition Day

2064

THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

INTRODUCTION

In this chapter, the following areas are covered:

(i)

The key strategies of National AIDS Control Programme-IV and relevance of Link Workers Scheme

(ii)

Objectives, Purposes and Target audiences of the Guidelines



(iii)

Salient features of the Guidelines

(iv)

Services provided under Link Workers Scheme

(v)

Operational definitions used in the Guidelines

(vi)

Organogram of implementation of the Link Worker Scheme

The key strategies of National AIDS Control Programme-IV (part of National AIDS Control Support Project)

focuses on intensifying and consolidating prevention services with a focus on High Risk Groups and

vulnerable population as well as expanding Information, Education and Communication services for High

Risk Groups with a focus on behaviour change and demand generation and increasing access and

promoting comprehensive care, support and treatment. These key strategies hold good in a way to

consolidate the gains achieved during third phase as well as expand those learning to emerging pockets of

epidemic.

The HIV epidemic in India continues to be heterogenic, especially in terms of its geographical spread. As

per the Technical Brief of HIV Sentinel Surveillance 2012-13, the declining trend among Antenatal Care

clients, considered as a proxy for general population, is consistent with India’s story of large scale

implementation and high coverage during Third Phase of National AIDS Control Programme.

The HIV Sentinel Surveillance, 2012-13 also

highlights that although the overall HIV

prevalence continues to be low as 0.35%,

there are about 80 sites which shows more

than 1% prevalence and 12 sites with more

than 2% prevalence. Some of these sites

are in the moderate and low prevalence

States of Bihar, Chhattisgarh, Gujarat,

Madhya

Pradesh,

Jharkhand,

Odisha,

Rajasthan, Uttar Pradesh and West Bengal.

Similarly, HIV Sentinel Surveillance 2010-11 highlights that there is significant decline in prevalence among

High Risk Groups (i.e. Female Sex Workers, Men Who Have Sex with Men) except in case of Injecting Drug

Users the prevalence remains consistent.

HIV Sentinel Surveillance 2010-11 highlights that some low prevalence States in west, north and east India

have demonstrated a stable to rising trend. This rising trend in moderate and low prevalence States is

interpreted by the growing understanding for need of high intensity interventions, saturation of coverage

of High Risk Groups especially in rural areas, improving access to testing and treatment services. During

National AIDS Control Programme-III, National AIDS Control Organisation had invested significant

resources and garnered political leadership to bring in these State’s capacity and strengthen response.

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Although, during National AIDS Control Programme-III, the coverage of Female Sex Workers (81%), Men

Who Have Sex with Men (67%) and Injecting Drug User (81%) through a total of around 1821 Targeted

Interventions for High Risk Groups and Bridge Population was achieved mainly in urban and peri-urban

areas, the coverage of rural High Risk Groups and vulnerable population remained comparatively

challenged. During National AIDS Control Programme-III, the coverage and understanding of rural sex-

work dynamics, impact of migration related transmission dynamics has evolved through implementation

of Link Worker Scheme in selected Districts in India. During National AIDS Control Programme-III by the

end of March 2012, the Scheme covered about 1,60,000 High Risk Group, 18,70,000 Vulnerable

Population and 37,000 People Living with HIV. Nearly 59% High Risk Groups have been tested at

Integrated Counselling and Testing Centre and 58% High Risk Groups have been referred to Sexually

Transmitted Infections services under this intervention. This has been done by establishing linkages with

existing services. In order to create a sense of ownership in the community and involve the youth in

fighting against HIV, 13,296 Red Ribbon Clubs and 21,170 Information Centres had been established at

the village level by March, 2012.

From these evidences it is clear that there is a need for comprehensive interventions focusing at

community level to reach out rural High Risk Groups and vulnerable population to achieve the

accelerated response considering the emerging epidemic drivers in India especially that of rural Antenatal

Clinic prevalence being higher than urban Antenatal Clinic prevalence in moderate and low prevalence

States (HIV Sentinel Surveillance, 2010-11), spouses of migrants having four times higher risk than non-

migrants (Male out-migration: a factor for the spread of HIV infection among married men and women in

rural India, PLOS One, September 06, 2012).

The following figure shows the importance of rural High Risk Groups and vulnerable population in the

context of HIV transmission dynamics:

Population at High Risk

Female Sex Workers

People who inject drugs

Men Who Have Sex

with Men

Transgender

Low risk but

highly

Vulnerable Population (rural

vulnerable

population

areas)

Truckers,

Regular partners and casual

Migrants,

partners of Bridge Population

Spouses of

Spouses of high risk groups

High Risk

Groups who

also act as

commercial

partners

The above diagram highlights the fact that until now, the focus on population at high risk and

Bridge Population has resulted significant decline, but the emerging epidemic drivers due to

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[PART II—SEC. 3(ii)]

selected groups among general population in rural areas also need to be targeted adequately and

comprehensively maintain the responses achieved. This is possible once the interventions are designed

and implemented in a community environment by the community volunteers as is being carried out

under Link Workers Scheme.

OBJECTIVES OF LINK WORKERS SCHEME

1. The scheme aims at building a rural community model to address the complex needs of rural

HIV prevention, care and support requirements in selected geographies.

2. The scheme aims at reaching out to rural population who are vulnerable and are at risk of HIV

or AIDS in a non-stigmatised enabling environment.

3. The scheme aims at improving access to information materials, commodities (condoms,

needles or syringes) through collaborating with nearest Targeted Interventions or government

health facilities, testing and treatment services ensuring there is no duplication of services or

resources.

4. The scheme aims at improving linkage to other social and health benefits provided by other line

departments in line with local norms, regulations suitable for vulnerable populations.

PURPOSE OF THE GUIDELINES

The purpose of these revised operational Guidelines is to ensure delivery of quality HIV prevention

interventions with strong linkage for access to testing and treatment under National Programme for

rural High Risk Groups and vulnerable population in selected Districts of India. The Guidelines outline

standardised operating procedures for implementing comprehensive HIV prevention services on a

scale. In summary the purposes of the Guidelines are:

1. Build in uniform understanding about the need, design and outcomes of prevention

interventions among rural High Risk Groups and vulnerable population across all stakeholders,

users.

2. Bring in technical competence among implementers, managers and technical support persons.

3. Bring in performance benchmarks and quality interventions to contribute to the National Goal.

TARGET AUDIENCE OF THE GUIDELINES

These Guidelines have been developed for the following audience:

(i)

Policy Makers (Ministry of Health and Family Welfare through National AIDS Control

Organisation, Ministry of Women and Child Development, Ministry of Rural Development,

Ministry of Panchayati Raj and other line departments).

(ii)

Programme Team of State Level and National AIDS Control Organisation level

(iii)

Implementing partners (Non-Governmental Organisations, Community Based Organisations

and Collaborating partners; Staff working in the Targeted Interventions, Integrated Counselling

and Testing Centre and Antiretroviral Treatment centres; Private Health Organisations or

individual providers etc.)

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It is recommended that all organisations using these Guidelines consider each of the proposed

elements in the context of the organisation’s current environment and other relevant guidelines

published by National AIDS Control Organisation.

SALIENT FEATURES OF LINK WORKER SCHEME

The salient features of this scheme are as follows:

1. The scheme uses evidence-based approach to identify rural areas having greater risk and

vulnerabilities of contracting HIV through scientific tools such as Broad Mapping.

Individuals/groups within the villages are identified for providing information and services

based on detailed Situation Needs Assessments.

2. The scheme envisages creation of demand for various HIV or AIDS related services and the

linking of the target population to existing services. The scheme itself does not create any

service delivery points.

3. The scheme involves highly motivated and trained community members – preferably a male or

female Cluster Link Worker for clusters of villages – who will establish linkages between the

community on one hand and information, commodities and services on the other.

4. The scheme envisages creating an enabling and stigma free environment in the project area to

ensure that the target population continue to access information, services in a sustained

manner.

5. The scheme envisages creating linkages with services of other departments through Accredited

Social Health Activist volunteers, Anganwadi Workers, Panchayat heads, Mahatma Gandhi

National Employment Guarantee Act scheme officials etc. This is to ensure that the

vulnerabilities are identified and addressed by building capacity of ground level stakeholders.

SERVICES PROVIDED UNDER LINK WORKERS SCHEME

Target Groups

Common Services provided

Specific services

High Risk Groups

Female Sex Workers

Men Who Have Sex with Men

(i) Information and counselling

regarding risky behaviour and

ways of preventing them.

(ii) Condom negotiation skills

(iii) Information accessing services

for Sexually Transmitted

Infections, accessing testing

services.

(iv)

Information and counselling

related to safe sex practices

(v) Information regarding

availability of condoms (both

free and social marketing)

(vi)

Referrals and linkages with

Provision of condoms

People who inject drugs

(i) Provision of needles and syringes by

linking to nearest Targeted Interventions.

(ii) Collection of used needles and syringes

and processing for bio-medical waste

management through nearest Auxiliary

Nurse and Midwifery or Primary Health

Centre or Targeted Interventions or

Integrated Counselling and Testing Centre

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[PART II—SEC. 3(ii)]

nearest Integrated Counselling

and Testing Centre or Facility

Integrated Counselling &

Testing Centre and follow up of

referred cases.

(iii) Information on how to prevent abscess.

(iv) Referral to nearest health centre for over

dose management, Opioid Substitution

Therapy (if available)

(v) Provision of condoms

Bridge Population highly vulnerable

Truckers (local)

Migrants (all categories)

(i)

Information and counselling

regarding the risk of unsafe

sex, risk of Sexually

Transmitted Infections and

importance of syndromic case

management

(ii)

Information regarding condom

availability

(iii)

Information regarding

importance of testing services

to ensure early detection and

access to services.

(i) Provision of condoms

(ii) Referrals and linkages to Integrated

Counselling and Testing Centre and follow

(iii) Family counselling

Spouses of High Risk Groups

who also act as

commercial

partners

(i)

Information and counselling

regarding safe sex, condom

negotiation skills

(ii)

Referrals and linkages with

Integrated Counselling and

Testing Centre and

Antiretroviral Treatment

centres

(iii)

Information and counselling

regarding Sexually Transmitted

Infections or Reproductive

Tract Infections and

importance of syndromic

management

(iv)

Information regarding

availability of condom

(i) Provision of condoms

(ii) Follow up for Sexually Transmitted

Infections treatment, referral and linkage

for syndromic management

Bridge Population with low vulnerability

Regular partners

and casual

partners of Bridge

Population

(i)

Information regarding condom

use as triple protection

(ii)

Importance of Reproductive

Tract Infections or Sexually

Transmitted Infections, partner

management and syndromic

management

(iii)

Information regarding

availability of materials,

condoms

(i) Partner counselling and referral for

Sexually Transmitted Infections check ups,

voluntary counselling and testing.

(ii) Referrals and follow up for services of

Sexually Transmitted Infections, HIV

testing and Antiretroviral Treatment

(iii) Periodic Health Camps in selected out

migration villages

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However, under this scheme youth with Sexually Transmitted Infections, with high risk practices, who

are known to be clients of High Risk Groups, who are HIV positive or Tuberculosis Bacili patients, who

are on Antiretroviral Treatment are targeted more intensely. Otherwise in general youth are covered

through mid or mass media activities.

Operational Definitions used in the Guidelines

High Risk Groups in rural context:

a. Female Sex Workers: Women who sell sex. Includes women who live and practice sex work in

the village, women who live in the village but practice sex work outside the village, and

women who practice sex work in the village but live outside the village. Excludes women who

used to be sex workers in the past and are currently not entertaining clients since last three

months. Focus would be on Female Sex Workers who are high volume (more than 8 clients in

15 days) and medium volume (5 to 8 clients in 15 days), those who are highly mobile i.e.

travelling at least 10 days a month outside the village. Also Female Sex Workers who are being

covered by Targeted Interventions but they visit Targeted Interventions irregularly and there is

evidence of services being discontinued.

b. Men Who Have Sex with Men: Men who engage in anal sex with men. Includes men who live

and engage in anal sex with other men in the village and with men outside the village and

those who have anal sex with men in casual partnerships or in commercial relationships.

c. Transgenders (Hijras) who sell or buy sex with regular or commercial partners.

d. Injecting Drug Users: Injecting Drug Users are defined as those who used any drugs through

injecting routes in the last three months. Injecting Drug Users may live and inject drugs in the

village, live in the village but inject drugs outside the village, and inject drugs in the village but

do not live in the village. Some Injecting Drug Users might be sex workers or Men Who Have

Sex with Men and some of them are also female. For Female Injecting Drug Users standard

definitions of National AIDS Control Organisation shall be used including services.

People Living with HIV: Persons infected by HIV are considered to be high risk in case they do not

continue to maintain positive prevention practices. Suppose a positive man continues to have multi-

partner sex without condoms.

Bridge Population who are highly vulnerable:

a. At risk men including clients of Female Sex Workers or Men Who Have Sex with Men: Includes

commercial drivers and cleaners who live in the village and work within or outside the village,

migrant workers (single men or women) who come into the village or go outside the village for

work/business for a short duration. Excludes long-term migrants who migrate for more than once

a year. Includes spouses of Female Sex Workers also.

b. At risk women: Women who have casual multiple partners including Female Sex Workers. Spouses

of Men Who Have Sex with Men or Male Sex Workers and Injecting Drug Users who are also High

Risk Groups.

c. Pregnant Mothers from the point of vertical transmission and preventing them by ensuring early

testing and necessary support during delivery.

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Migrants: As per the definitions of revised migrant strategy, these are men or women who migrate to

high prevalence Districts or towns or cities within or outside the State and have evidence of risk

exposure (buying or selling sex; injecting habits based on information from the destination

intervention or HIV Sentinel Surveillance). These migrants must be circular and of short duration, thus

having the risk of carrying HIV from one place to another.

Mobile Population: Significant populations of the village move to nearby towns for work or business

and they may come back on the same day or during the weekend. In case it was found that in the

nearby town where they move also have High Risk Groups and during discussion with these High Risk

Groups it was found that these groups also buy or sell sex during their stay in the town. Then it is

important that these groups need to be covered.

Bridge Population with low vulnerability:

a. Partners or spouses of migrant or mobile men and women

b. Partners or spouses of commercial drivers or cleaners

c. Men Who Have Sex with Men (not necessarily anal sex)

d. Injecting Drug Users (not necessarily sharing needles)

e. Youth Population who have Sexually Transmitted Infections or HIV, who are Tuberculosis

Bacili patients, who are known to be clients of High Risk Groups, who are on Antiretroviral

Treatment.

Cluster Link Worker: Under this scheme, a person who has been trained and has been made

responsible to carry out specific activities is called a Cluster Link Worker. The person can be male or

female depending upon the requirements of the District. He or She is expected to reach out to the

above groups, link them with services and follow up for continuous uptake of services. Other activities

as required are also expected to be carried out by the Cluster Link Workers.

Target District: New Districts are to be identified based on the risk and vulnerability parameters

provided in the Guidelines. These Districts shall have significant number of High Risk Groups in rural

areas (who are high or medium volume and are concentrated in pockets), high out migration with

significant positivity among migrants or their spouses, high number of People Living with HIV

concentrated in pockets will be considered on priority. In addition Tuberculosis Bacili incidences and

Prevention of Parent to Child Transmission coverage will add in deciding the selection of the District.

Target Blocks: New or Existing Blocks may be reconfigured based on the following criteria:

 At least 40% of the villages which are located at least 10 kms (5kms in hilly or Districts with low

population density) or more from the head quarter and having significant number of High Risk

Groups (who are high or medium volume and are concentrated in pockets), high out migration

with significant positivity among migrants or their spouses, high number of People Living with

HIV concentrated in pockets.

 One or more Blocks can be clubbed together to make it one cluster for operation may be

considered even if these Blocks are from two different Districts. However, the Districts should

have only one implementing agency. If separate agencies are available then this cannot be

considered.

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Target Area: The target area would be one village or a number of villages. The selection of village

would be based on three basic assumptions.

1) Number of pregnant mothers (including spouses of high risk men or women, spouses of

migrants) to be covered.

2) Number of High Risk Groups (as defined above) and or at least 40% of the households are

having short, circular migration.

3) Number of Tuberculosis Bacili patients and People Living with HIV in the village or cluster of

villages

Hotspots: These are solicitation sites of Female Sex Workers, Male Sex Workers, Transgender. These

sites may be within a village, along the national highways or in dhabas near the village, at the weekly

market place near the village, nearby town, nearby lodges or brothels or any other place which will be

beneficial for the programme to reach out and provide information and condoms.

Hotspot for Injecting Drug Users: These are places within a site where significant concentration of

Injecting Drug Users come together for various purposes including injecting of drugs, taking rest or

during crisis events (abuse by family, public or police).

Sites: These are congregation points where congregation of above target population occurs for various

purposes not necessarily for high risk activities. Every site cannot be a hotspot but each hotspot may

also be a site as well.

Truckers: In India, these are male who primarily drive trucks. They may start from the originating

station, they may board at any place in between the originating and destination points. They may be

employed by the transport companies or are on contract basis, however no formal contract exists.

But for HIV programme point of view in rural areas the truckers (including helpers) are defined as those

who are plying trucks in and around the area for various purposes, they may belong to the same village

or may be coming to the village for business purposes and having significant risk for HIV.

Mid-media: These are forms of communication where the communicator (Cluster Link Worker, ORW

or a group) reaches to more than eight people with contents relevant to the group. However, there is

limited participation of the group with the communicator. These may be in the form of skits, plays,

musical programmes, games etc.

Mass media: Mass media provides a means of expanding programme messages and creating demand

beyond the boundaries of the intervention. It has the added advantage of reaching the population

outside a formal intervention environment. However, there is no participation of the group with the

communicator. These may be in the form of posters, pamphlets, hoardings, short films, short text

message, social media etc. These include wall writings, posters, danglers with specific messages.

Social Marketing of condoms: In the process, condoms are marketed by outlets in an accessible place

in the villages. This can be a paan shop, tea shop, grocery shop or can be an individual. By marketing

these condoms the outlet holder makes some profit and this helps him/her motivated to be engaged

for a social cause. In rural context, condoms can be marketed with sanitary pads, Oral Rehydration Salt

pouches etc.

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Health Camps: These are specific events organised at Panchayat Level especially during festivals when

migrants return to their villages. This helps everybody to get their health checked up as well as

undergo HIV counselling and testing. These shall be organised with prior consultation with State AIDS

Control Societies and local District Health Society. So that there is no duplication and necessary

support can be provided. Ideally the doctors, medicines and Information, Education and

Communication the materials, condoms are to be provided by District Health Society and State AIDS

Control Societies shall provided testing and counselling support. A detailed guideline on conducting

health camps may be referred from State AIDS Control Societies or National AIDS Control Organisation.

Volunteers and Volunteerism: In the context of Link Workers Scheme, it is required that the target

population get service from other available service points. Hence, the volunteers in this scheme will be

Accredited Social Health Activist, Auxiliary Nurse and Midwifery, Anganwadi Worker, Livelihood

mission staffs, Watershed project staffs etc. who work or live in the Panchayat. They need to be

essentially sensitised and used as a volunteer to link up services. When they link up services and

continue to do so, this can be one of the best example of volunteerism. Besides these Self Help Group

members, Youth club members can also be taken as volunteers.

Referral: When a client is sent to avail a service from a centre, the process is called referral. Usually in

Link Workers Scheme, the process may be accompanied by the staff or may be by issuing a referral slip

indicating the date and place of referral.

Linkage: When a client is linked to any service and is continuously followed up for adherence of

services, then the process is called linkage. The linkage monitoring helps to understand the issues

those need to be addressed for are improve adherence.

Contact: When any target population as defined in these Guidelines is contacted either one to one or

one to group for information or services such as provision of condom will be considered as contact.

However, in case of contact of High Risk Groups it is mandatory that the Interpersonal Communication

tools are to be used for Interpersonal Communication sessions and the used copies of tools are kept in

the office by Block supervisor for verification.

Coverage: When any target population has accessed clinical services such as Sexually Transmitted

Infections clinic visit or Sexually Transmitted Infections treatment, HIV testing or syphilis testing will be

considered as coverage.

Drop out: If no services are provided as mentioned in the coverage for continuous of three months,

then the name of the concerned individual to be dropped from the line list and the total target is

updated.

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Organogram of Implementation and Management of Link Workers Scheme:

Organogram of Implementation of Link Workers Scheme at Non-Governmental

Organisation level:

CHAPTER 1

RATIONALE FOR PREVENTION INTERVENTIONS AMONG RISK AND

VULNERABLE POPULATION IN RURAL AREA

In this chapter, following areas are covered:

(i)

The rationale for prevention interventions among risk and vulnerable population in

rural area



(ii)

HIV risk among rural population



(iii)

Factors which make rural population to vulnerable for HIV

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1.1 RATIONALE FOR PREVENTION INTERVENTIONS AMONG RISK AND

VULNERABLE POPULATION IN RURAL AREA:

A central strategy of India’s National AIDS and Sexually Transmitted Diseases Control Programme has

been to reduce sexual transmission of HIV within high-risk sexual networks, and from these high-risk

networks into the general population. Accordingly, National AIDS Control Programme-IV (part of

National AIDS Control Support Project) had prioritised HIV prevention among at risk and vulnerable

population as a key programme component. During this phase of National AIDS Control Programme-IV

(part of National AIDS Control Support Project) the priority to scale up and provide quality services

among this population will be taken forefront both in rural and urban areas.

According to the HIV Sentinel Surveillance data there are about 80 Districts with more than 1%

prevalence and 12 Districts with more than 2% prevalence have been identified along with about other

100 Districts to improve the epidemic scenario especially among rural general population.

India’s success in declining HIV prevalence need to address the inclining or stable trend of HIV in

moderate or low prevalence States as well. In these States, the High Risk Group urban mapping data

highlights sparsely distributed low volume High Risk Groups (with less number of clients or less than 2

sexual encounters in a week in case of Female Sex Workers and Men Who Have Sex with Men,

Transgender). This urban High Risk Group mapping data does not significantly probe into the possible

epidemic drivers in these States.

According to a research conducted by National AIDS Control Organisation in association with United

Nations Development Programme in Odisha–Gujarat Corridor, Uttar Pradesh–Mumbai, Bihar–Delhi

National Capital Region highlights migration being one of the epidemic drivers especially the study

indicates that spouses of migrants are four times at risk than the non-migrant spouses.

Further the Integrated Counselling and Testing Centre prevalence in these States especially among

general population highlights the need for three levels of challenges:



To identify, prioritise and implement interventions targeting at risk in an environment where

HIV or AIDS is still considered a stigma as well as myth.



To address between demand and supply gap. As long as the services are not available and

accessible any degree of risk perception or awareness about early diagnosis, access to condoms

will not result in practice.



To address the need for improving Tuberculosis Bacili-HIV and reproductive health and HIV

related service delivery in an inclusive approach instead of seeing these services as separate

entities.

Hence, reaching risky and vulnerable populations with an effective HIV prevention programmes and

services is important for a number of reasons. The existing Link Workers Scheme during 2013-14 has

reached 1,79,393 High Risk Groups (against a mapped estimate of 1,68,082 High Risk Groups) and

41,11,795 vulnerable population (against a mapped estimate of 45, 99,326 vulnerable population).

(Source: Annual Report of National AIDS Control Organisation, 2013-14). This signifies that the

presence of significant number of High Risk Groups and vulnerable population in rural areas may be

one of the important factors in driving the epidemic. Hence, there is a need for customised package of

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services tailor made for rural communities and tuned with their culture and practices, so that the risk

and vulnerabilities can be addressed.

1.2

HIV RISK AMONG RURAL POPULATION

Among all rural population, from the epidemic transmission point of view, the at risk population are

crucial because of following:

1. High Risk Groups in rural areas have heightened risk because of their natural and casual sex

partners and in most of the cases a closed sexual network within which they operate.

2. The Bridge Population have significant mobility pattern and hence, they are considered at high

risk of transmitting HIV infections across different risk venues and risk partners.

Considering the above the prevention interventions will focus on approaches to reaching out to both

rural high risk and vulnerable population with differentiated intensity of interventions. In additions,

communication strategy, services will be provided to general population and youth in a project District.

1.3

FACTORS WHICH MAKE RURAL POPULATION VULNERABLE TO HIV

The factors affecting rural populations’ risk-taking behaviour are varied, but are important in

understanding the overall vulnerability to HIV.

 Low level literacy and limited accessibility to information: While the level of information among

these population related to Sexually Transmitted Infections and HIV or AIDS is relatively high, this

information is rarely converted into action. Primarily due to improper understanding or

interpretation of information about HIV or AIDS leads to risky behaviour.

Other factors which affect their vulnerability to HIV include:

(i)

High Tuberculosis Bacili incidence and co-infection:



(ii)

Closed sexual networks often lead to quick transmission among these people:



(iii)

Vulnerability associated with social position of women and often being considered as a

commodity:



(iv)

Attraction for disposable income and often being pushed into sexual practices out of poverty:



(v)

Prevailing myth about condom use, Sexually Transmitted Infections treatment makes them to

seek treatment from quacks, lack of adherence to treatment.

1.3.1 Related Groups at Risk for HIV

(i)

With pressure on improving road infrastructure, there is construction of new highways or

upgrading the present highways, many migrant labourers have become involved in road

construction, and female road workers often also sell sex to truckers. This is often a

vulnerability factor for villages nearby.



(ii)

Staff of eating points, Border and Police staff, Transport Workers are also at risk because of

their vulnerability and power structures in relation to the High Risk Groups in rural areas.

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Take home messages:

(i) From HIV programme point of view, the rural High Risk Groups operating in a closed

network or those who operate from nearby urban or peri-urban areas are important to be

targeted with prevention intervention programmes.



(ii) Rural High Risk Groups already registered with existing Targeted Interventions but have

high degree of mobility between Ti site and nearby rural areas are important in terms of

their contribution in spreading the HIV in a closed network.



(iii) Rural Men Who Have Sex with Men especially those who operate in a social structure

often do not open up about their identity and behaviour, these group need to be

tapped through the clients who are also accessing heterosexual regular or commercial

partners.



(iv) Their low self-worth, limited knowledge and access to services, peer pressure and peer

behaviour makes them vulnerable to various health problems including HIV.



(v) Availability of services which are non-stigmatised and acceptable to their norms would

enhance access.

CHAPTER 2: Guidelines for State AIDS Control Societies and Technical Support

Unit

In this chapter, the following areas are covered:

(i)

Role of State AIDS Control Societies and technical support unit

(ii)

Role of technical support unit Project Officer

(iii)

Defining the target population at risk – WHOM to be targeted under link workers scheme

 Steps in defining target population at risk in a new or existing District

(iv)

Steps in defining the target area (WHERE) of the Link Workers Scheme in a new District – Broad

mapping, site assessment

 Steps in prioritising the villages or Blocks in an existing District of Link Workers Scheme – Site

assessment

(v)

Target settings for coverage of different target groups in a new and existing District

(vi)

Determining availability of services (WHAT SERVICES) are to be planned

(vii)

Capacity building areas of implementing partners

(viii)

Monitoring and evaluation in Link Workers Scheme



[भाग II—खण् ड3(ii)]

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2077

Role of State AIDS Control Societies and Technical Support Unit:

State AIDS Control Society is the key player in providing management and technical support to the Link

Workers Scheme programme. In addition Technical Support Unit, State Training & Resource Centre

play their respective roles as outlined in this chapter. However in the absence of State Training &

Resource Centre and Technical Support Unit, State AIDS Control Societies has to carry out all the

functionalities.

Role of State AIDS Control Societies:

(i)

Contract management and timely fund flow by ensuring that the attrition of link workers is not

attributed due to poor fund flow mechanism.



(ii)

Conduct regular bimonthly/quarterly meetings with Link Workers Scheme Non-Governmental

Organisations, District AIDS Prevention & Control Units to review and understand field

challenges and gaps and provide inputs for any mid course corrections to National AIDS Control

Organisation.



(iii)

Conduct field visits to the implementing Districts to review and provide technical inputs to the

programme.



(iv)

Ensure coordination amongst all partners working in a particular District especially in terms of

High Risk Groups, bridge populations and vulnerable populations.



(v)

Ensure free condoms, Information, Education and Communication materials as per

requirement of the scheme is available from the Districts or Block Health Society under

National Health Mission.



(vi)

Ensure that the folk troupe activities, condom social marketing campaigns and migrant health

camps are conducted in 80% of the project area in a District each year.



(vii)

Consider the mainstreaming of programmes in all Districts covered in the scheme in a

synergetic manner so as to address the issue of vulnerability.



(viii)

Ensure that the staff conducting the scheme is trained and their skills are built to implement

the activities effectively by the State Training & Resource Centre or any other arrangement

where State Training & Resource Centre is not available.

(ix)

Select Implementing Non-Governmental Organisations as per National Guidelines.

(x)

Information, Education and Communication division to plan number of mid-media events,

adequate supply of Information, Education and Communication materials, Link Workers Kit for

use by the District level Non-Governmental Organisation staff. All Information, Education and

Communication related activities are to be carried out in coordination with Information,

Education and Communication division of State AIDS Control Societies or National AIDS Control

Organisation. These activities shall ideally be planned in the Annual Action Plan to ensure that

the District level Non-Governmental Organisations are supplied with the materials as per

requirements.

Role of Technical Support Unit:

In order to ensure uniformity in approach (with local adaptation), quality intervention the role of

management and technical teams would be to:

(i)

In NEW Districts: Ensure identification of project Districts and villages or cluster of villages and

come up with an estimated size of at risk and vulnerable population within a given one to three

months of initiation of projects in case of new Districts.

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[PART II—SEC. 3(ii)]

(ii)

In EXISTING Districts: While in existing intervention Districts there is a need to prioritise

villages/cluster of villages and target population who need to be covered as per the revised

norms of this Guidelines.

(iii)

Facilitate State AIDS Control Societies in determining the performance indicators and

approaches to be followed for implementation. Establish quality assurance and quality

improvement systems.

(iv)

Facilitate capacity building of staff on the implementation approaches.

(v)

Ongoing mentoring support to provide day to day support in implementation especially areas

of improvement as the Technical Support Unit staff will be visiting to the Targeted

Interventions, Integrated Counselling and Testing Centre, Antiretroviral Therapy centres and

may come across with issues related to service gap among rural High Risk Group but registered

with nearest Targeted Interventions, high positivity or high number of Antiretroviral Therapy

clients from rural areas etc.

(vi)

Provide support in identifying gaps, working out local solutions through regular reviews.

(vii)

Support in conducting bio-behavioural surveys.

(viii)

Facilitate advocacy among allied ministries to bring in sustainability of the approaches suitable

to the local conditions.

Role of Technical Support Unit Project Officer:

The role of Technical Support Unit Project officer is to provide supervisory and mentoring support to

the Districts with Link Workers Scheme in his or her area. In the absence of Technical Support Unit, the

District AIDS Prevention & Control Unit and State AIDS Control Societies officers have to perform the

same functions as mentioned below. The Technical Support Unit Project officer is expected carry out

following duties and responsibilities as mentioned below:

(i)

Ensure all staff are recruited by District level Non-Governmental Organisation according to the approved

plan and guidelines

(ii)

Ensure the District level Non-Governmental Organisation provide the appointment letter to all staff with

detailed Terms of Reference

(iii)

Facilitation for induction training of newly recruited staff by the in house mechanism

Evidence

Building

 Evidence collection about distribution of risk and vulnerability

pattern

 Identification of target villages and facilitate target setting

 Assessment of sample villages or clusters in existing districts

Planning

 Working out individual proposals for each district with clarity on

approaches, performance indicators and budget.

 Determine approaches with clear cut monitoring indicators.

 Facilitate capacity building of implementing agency

Monitoring

 Supportive supervision and review of the proposed approaches

 Carry out mid-course correction.

 Generate evidences on impact and outcomes

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2079

(iv)

Ensuring that the District level Non-Governmental Organisation conduct site assessment on regular

basis

(v)

Ensure that the District level Non-Governmental Organisation conduct health camps as per the

approved plan and in close coordination with State AIDS Control Societies or District AIDS Prevention &

Control Unit or District Health Society

(vi)

Ensure District Resource Persons carries out monthly review the performance of the staff and provides

support in improving the same

(vii)

Ensure that the District level Non-Governmental Organisation staffs develop referral network for

Integrated Counselling and Testing Centre, Care & Support, Tuberculosis management, Sexually

Transmitted Infections complications, medical care, social and legal support, Injecting Drug User services

(viii)

Ensure that the District level Non-Governmental Organisation staff have a plan to setup free condom

outlets and social marketing as per the Guidelines

(ix)

Ensure that the District level Non-Governmental Organisation utilize the funds in time and as per budget

guidelines

(x)

Ensure that the District level Non-Governmental Organisation staff have the correct understanding of all

Monthly Reporting indicator

(xi)

Ensure that District level Non-Governmental Organisation timely submit Utilisation Certificates and

Monthly Reports to State AIDS Control Societies

(xii)

Ensure that each District level Non-Governmental Organisation receives analytical feedback on their

monthly performance as per Monthly Reporting indicators

(xiii)

Ensure that District level Non-Governmental Organisations are adequate stock of Information,

Education and Communication materials from State AIDS Control Societies

(xiv)

Facilitation of rapport building with all stakeholders, co-ordination with District AIDS Prevention &

Control Unit and other Government agencies for programme support

(xv)

Coordinating with Technical Support Unit and State Training & Resource Centre to ensure all staff are

trained

(xvi)

Ensure the following supervisory plan is ensured in a Link Workers Scheme District: (first time visit to

any District should be of five days, subsequent each visit should be two to three days, single day visits

are not recommended). Ensure that all the Blocks are visited atleast once in six months in case the

number of Blocks covered in the District is less than 10.

(xvii)

During each District visit plan to visit atleast one Block and two villages based on the review of the

programme – during Block visits meeting with key stakeholders like Block medical officer, Child

Development Project Officer, Block Development Officer, Block Pramukh (Panchayati Raj head at Block

level) etc.

2.1 Defining the Target Population at Risk and Site Assessment

There are no gold standards to the assessment approaches to define the target population at risk and

sites where the prevention interventions will be most effective for populations which continue

otherwise to remain anonymous in a closed sexual network. In several countries, the approaches have

been evolved along with time. There is nothing that fits in for all. This is because of following:

(i)

Risk behaviour of rural High Risk Groups especially Female Sex Workers and their clients is generally

drawn from that of the general population of same area from where they belong to. Hence, the socio-

demographic features would not be different, but their risk taking pattern will depend upon the

vulnerabilities and peer pressure, peer group behaviour.



(ii)

With the changing landscape of the rural areas, with more and more entertainment and business

related options available in close by urban and peri-urban areas there is great degree of mobility of

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[PART II—SEC. 3(ii)]

Female Sex Workers or Men Who Have Sex with Men to take part–time jobs and some of them also take

up high risk activities as a part of disposable incomes.



(iii)

Similarly, the persons who abuse substances like ganja, alcohol often fall into prey to the local quacks or

pharmacies to get habituated for injectable pharmaceuticals. There may be other examples as well. This

transition often leads to self experimentation in groups and often leads to people habituated to inject

pharmaceuticals or drugs on their own.



(iv)

Limited evidence about the profile of these rural High Risk Groups who take risk, who are HIV positive

and require Antiretroviral or those who are taking Antiretroviral and their drug adherence pattern.

This is due to documentation gaps within the existing systems of reporting and evidence

informing systems.

Hence, to overcome these challenges there is a need for continuous study at programmatic level to

understand following:

(i)

Defining the target population (whether all High Risk Groups or vulnerable population in rural areas are

at risk or only those who have more partners, are mobile between places, have high Sexually

Transmitted Infections episodes, who are spouses of High Risk Groups are at risk).

(ii)

Defining the relative risk among these target population (defining the risk taking pattern and peer group

behaviour (young or old ones), (new or old ones), (at one location or at different locations).

(iii)

Defining the relative risk taking pattern among the most at risk target population (type of sexual

behaviour, condom use pattern, injecting pattern, health seeking behaviour, attitude towards less risky

behaviour)

Therefore, it is important that the State AIDS Control Societies and Technical Support Unit need to

understand some of these above important areas before stepping for developing local evidence based

strategies based on the broad strategies discussed in the Guidelines. These understanding are based

on past experiences, these may be reviewed and mid-course correction can be brought in with enough

evidence.

Steps in defining the target population at risk:

1. Collect People Living with HIV related data from nearest Integrated Counselling and Testing

Centre or Prevention of Parent to Child Transmission of HIVor Antiretroviral Treatment or Link

Antiretroviral Treatmentor Facility Integrated Counselling and Testing Centre or Public-Private

Partnership Integrated Counselling and Testing Centre to understand the burden of HIV in the

District (whether the same is 10 per 1000 population tested in a specific geographical area).

2. Collect High Risk Group related data from nearest Targeted Interventions (may be located in

the neighbouring District or same District to understand what percentage of the High Risk

Groups line listed in the Targeted Interventions belong to the rural areas and their mobility

pattern, client profile. Also collect information from the clients of High Risk Groups to

understand the presence of High Risk Groups in rural pockets of the Block or District.

3. Collect Sexually Transmitted Infections data from nearest Designated Sexually Transmitted

Infections or Reproductive Tract Infections Treatment Centre or Primary Health Centre or

Community Health Centre or Private practitioners or any other sources which indicate the

Sexually Transmitted Infections burden, profile of Sexually Transmitted Infections patients and

geographical distribution of these cases.

[भाग II—खण् ड3(ii)]

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2081

4. Collect migration related information from Anganwadi Workers or Auxiliary Nurse Midwife or

Panchayats or from other recent studies in the District – to highlight the volume of migration,

pattern of migration (whether long term, short term), seasonality pattern and HIV or Sexually

Transmitted Infections burden from above information.

Based on these information, Technical Support Unit or State AIDS Control Societies is expected to

come up with a definition of the target population which is at risk and need to be covered by Link

Workers Scheme, especially determining:

a) High Risk Groups from rural area at risk

b) Migrants and their spouses are at risk

c) People Living with HIV burden is high or Sexually Transmitted Infections burden is high or both

2.2 Defining the location where the scheme can be implemented

Once we identify the risk groups, then comes the process of identifying the geographies or pockets

which need to be targeted with services. Hence for new and existing Districts following steps are to

be followed:

Existing Districts to prioritise amongst existing

New Districts OR

Villages

New Blocks in an existing District

Site assessment

Define the target population at risk

Service mapping

Broad Mapping

Site Assessment

Service Mapping

In the HIV or AIDS programming, mapping has significance in terms of its importance in broad

planning and resource allocation. But in case of rural prevention programming the house to house

survey or preparing point estimates generated through mapping at a given point of time often may

not be the best evidence for programming. The mapping estimates may vary with the social milieu

of the area about High Risk Groups and high risk behaviour, about the social acceptance of multi-

partner sex etc. as well as the place where mapping is being conducted, the purpose and timings

during which the mapping is conducted, availability of the target population at risk are being

mapped.

Hence, while designing these interventions it is highly recommended to carry out Broad Mapping

across the District in sample pockets of the Block with the secondary data sources which suggest

presence of significant People Living with HIV load or Antenatal Care HIV positivity or presence of

High Risk Groups (atleast 20-30 in a cluster of four to five villages) to understand the possible target

village or cluster of village for intervention. This Broad Mapping is to be followed by site assessment

in a new District only. In existing Districts only site assessment (NO Broad Mapping)is to be

conducted by the implementing agency while working with the communities as a part of their

ongoing activities by using specific tools.

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[PART II—SEC. 3(ii)]

To summarise these terms, the following table can be referred:

Activities

Definition

Importance

Where to carry out

Broad Mapping

(only in NEW

Districts)

Broad Mapping is defined as

an activity which provides

broad information in a map of

limited or wide geographical

area indicating

concentration and availability

of target population.

Gives broad information

about the locations

where concentration of

High Risk Groups or

vulnerable population

available as defined in

this guideline.

Sample pockets of the Block which

the secondary data sources suggest

presence of

significant People Living with HIV

load or Antenatal Care HIV positivity

or presence ofHigh Risk Groups (at

least 20-30 in a cluster of 4-5

villages).

Site Assessment

(In both new and

existing Districts)

Site assessment is an activity

which provides detailed

information about the target

population in terms of its

needs, priorities; about the

resources

available and about the

environment where

intervention is proposed.

Gives detailed

information about the

risk pattern of groups,

services available in the

area, services to be

planned, and resources

required.

All villages or cluster of villages

with sites which have at least 15-20

High Risk Groups in 4-5 villages or

there is seasonal and short term

migration to high prevalence States

of more than 200 migrants from 4-5

villages or 10 People Living with HIV

per 1000 adult population tested in

cluster of 4-5 villages.

Exclusion criteria for both Broad Mapping and Site Assessment:

(i)

Villages within 10 kms (in hilly regions or low population density areas 5 kms) from the Block

or District head quarter to which they belong to are to be considered for second priority.

(ii)

Villages (population of more than 5,000) with more vulnerable population but less than 10

high or medium volume High Risk Groups shall be considered as second priority.

Based on these following steps the village or cluster can be selected for prevention interventions.

The Broad Mapping and site assessment will result in following outputs:

1. Establish the expected volume of at risk and vulnerable population in villages or cluster of

villages.

2. Establish the key factors influencing vulnerability of the above population.

3. Assess the risk associated in terms of client profile of High Risk Groups in the area, Sexually

Transmitted Infections burden, condom use pattern and barriers to condom use.

Steps in Conducting Broad Mapping:

The Broad Mapping shall be carried out for new Districts or Blocks or villages and this has to be

followed by site assessment. The Broad Mapping is carried out basically using secondary data and

discussion with key informants like health care providers, Integrated Child Development Scheme staff,

Integrated Counselling and Testing Centre and Antiretroviral Therapy staff, Panchayati Raj Institution

members etc.

The State AIDS Control Societies and Technical Support Unit will constitute a task force represented by

State level officers from State AIDS Control Societies, District AIDS Prevention & Control Unit (if

present) or District Health Society, civil society. This mechanism is suggested to bring in involvement of

multiple stakeholders in decision making especially local representatives.

[भाग II—खण् ड3(ii)]

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2083

This task force will come out with a document which clearly informs the State AIDS Control Societies

and National AIDS Control Organisation about the possible target areas with significant concentration

of at risk and vulnerable population.

Based on the deliberations of this task force, the document highlighting following areas will be worked

out:

(i)

Locations or sites with significant at risk and vulnerable population. The villages shall be at least 10 kms

or more in plain areas and 5 kms or more in hilly or low population density areas from the nearest town

or headquarters. These villages or cluster of four to five villages shall have 15-20 high or medium volume

High Risk Groups as reported by nearest Targeted Interventions or other key informants, atleast 200 out

migrants with comparatively high HIV positivity (as per nearest Integrated Counselling and Testing

Centre or Antiretroviral Therapy data), 5-10 People Living with HIV per 1000 adult population tested as

per information from nearest Integrated Counselling and Testing Centre or Antiretroviral Therapy.

(ii)

The task force also can use existing Situation Need Assessment or mapping data for the District but the

same shall not be more than two years old.

(iii)

The list of stakeholders or associates which control or influence the mobility of High Risk Groups, their

access to condoms, needles and syringes, and other services.

(iv)

The list of potential condom outlets for free and social marketing.

(v)

The list of health care providers who need to be sensitised for syndromic case management and abscess

management.

(vi)

The list of locations where information centre can be established.

(vii) The list of Self Help Groups, Youth Clubs or other institutions which can be tapped for reaching out the

communities.

(viii) Data related to Sexually Transmitted Infections pattern and prevalence among target population and

health seeking pattern.

(ix)

Data related to HIV prevalence among High Risk Groups, spouses of High Risk Groups, vulnerable

population from nearest Integrated Counselling and Testing Centre or Facility Integrated Counselling and

Testing Centre at least for last one year by villages or cluster of villages.

(x)

Data related to current number of People Living with HIV or people on Antiretroviral Therapy from the

nearest Antiretroviral Therapy centre by villages or cluster of villages.

(xi)

Data related to migration pattern (seasonality), volume of migration, time of return and who facilitates

the migration process.

(xii) Information related to nearest Targeted Intervention (how many of the High Risk Groups belonging to

the rural area are under service), how many of them regularly serviced and how many of them serviced

at certain intervals, client profile of these rural High Risk Groups, sites where they solicit (lodge, weekly

market, dhabas, market yards, local small industries, quarries etc.)

(xiii) Information related to Integrated Counselling and Testing Centre referral and access by these rural High

Risk Group as documented by the Targeted Interventions – what are the challenges and opportunities.

Steps in Conducting Site Assessment in an Existing District:

The site assessment is carried out by the existing Link Workers SchemeDistrict staff for the following

purpose:

Purpose 1:

To consider only 40% of the villages amongst current number of villages within 10 kms radius from

nearest District or Block headquarter (5 kms in hilly or low population density areas) for future Link

Workers Scheme implementation. In case of villages closer to adjoining District or Block headquarter

2084

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[PART II—SEC. 3(ii)]

Will be considered as per its original distance from parent District or Block. The Situation Need

Assessment data or programme data used for this purpose shall not be more than two years old.

For example, there are 12 villages within 10 kms or 5 kms radius of Block or District headquarters – in

future, as per the Guidelines only five villages will continue to have the Cluster Link Workers Scheme

based on the site assessment as per following process:

Step 1:

Take data of current Link Workers Scheme programme data, Situation Need Assessment data (should

not be more than two years), data from People Living with HIV data base, People Living with HIV data

from Integrated Counselling and Testing Centre, Antiretroviral Therapy centres, data from Tuberculosis

Bacili programme, data from existing Targeted Interventions in the District about the rural High Risk

Groups (how many registered are from villages, how many are getting service from the Targeted

Interventions but they reside in villages) etc. Migration data to be collected from Anganwadi Workers,

programme data of Link Workers Scheme, any other village level migration data indicating migration to

high prevalence Districts) The following format may be used for collecting the data.

District type

Female Sex

Workers or

Men Who

Have Sex with

Men

per 1000

pop. of the

village

Injecting

Drug User

per 1000

pop. of

the

village

HIV

Positivity

among

High Risk

Groups

(ever) in

the

District

People

Living with

HIV per

1000 pop.

tested in

the District

(ever and

alive)

Migration to high

prevalence Districts (%

of total pop. In the

village)

HIV

positivity

among

migrants

(ever) in

the

District

Whether to

considered

for Step 2 if

following is

fulfilled

High

prevalence

8 or more

4 or more

1-2%

1-3

>3%

>1-2%

1/2 and/or

3/4 plus 5/6

6 or more

4 or more

2-3%

2-3

>3%

>1-2%

4 or more

>3%

3-4

>5%

>2%

Low

prevalence

3 or more

1-2% or

0-1

Pop. Size% of migrants

<800 5% or >5%

800-2000 3-5%

>2000 2-3%

less than 2% would not

be considered

>1-2%

1/2 and/or

3/4 plus 5/6

2-3 or more

2-3 or

2% or

0-1

Pop. Size% of migrants

<800 5% or >5%

800-2000 3-5%

>2000 2-3%

less than 2% would not

be considered

>1%

1/2 and/or

3/4 plus 5/6

0-2 or more

0-2 or

2%or

0-1

Pop. Size% of migrants

<800 5% or >5%

800-2000 3-5%

>2000 2-3%

less than 2% would not

be considered

0.1%

1/2 and/or

3/4 plus 5/6

Step 2:

Based on the algorithm given in the previous page the team has to take a decision whether the village

is to be continued of not. An excel sheet with formula is available with State AIDS Control Societies and

[भाग II—खण् ड3(ii)]

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2085

Technical Support Unit which can be used to enter data and it will automatically calculate the eligibility

of the village based on the algorithm.

The villages which were earlier covered and after site assessment are not considered for Link

Workers Scheme may be offered for intensive Information, Education and Communication activities

and linkage with nearest Integrated Counselling and Testing Centre for visit by counsellor etc.

Instead new villages which are more than 5 or 10 kms radius as applicable having higher risk and

vulnerabilities to be selected and Link Workers Scheme may be implemented.

This is important, most of our programme activities are largely concentrated around the urban or pre-

urban areas (towns, headquarters) whereas far off villages are always deprived of services including

Information, Education and Communication activities and thus they have heightened risk and

vulnerabilities. These far off villages face migration due to poverty and lack of employment

opportunities and carry higher risk than villages which are close to economic centre of the Districts

where migration happens to grab better opportunities.

Purpose 2: (to be carried out for each Block where the villages are more than 10 kms from the

nearest headquarters (5kms in hilly or low population density areas).

The purpose of this exercise is to prioritise the villages which will be continued for future interventions.

During analysis of performance of villages it has been found some villages although having larger

population but lack the risk (no High Risk Group or one to two High Risk Groups only, High Risk Groups

which are very low volume and risk, quality of services being very poor during last six months), no

People Living with HIV or People Living with AIDS, no migration or migration to nearby town etc.) and

vulnerability. Hence, these villages need to be carefully assessed and based on which villages to be

prioritised and new villages need to be selected. The same steps to be followed as highlighted in the

above sections.

Village Visit to follow after selection of ineligible villages. At least 10% of the samples of villages to

be visited by a team. During the visit following activities is to be carried out. A village level meeting to

be organised. During these meetings specific issues to be discussed related to their experience of

accessing services, challenges faced, how many times they have participated in group activities or what

can be best method to reach out them in groups.

1. The groups will also be meeting the stakeholders in the village like the Panchayat head,

Anganwadi Workers, Auxiliary Nurse and Midwifery, Accredited Social Health Activist, Village

level workers or Mahatma Gandhi National Employment Guarantee Act staff to understand

what support they have been providing for the programme and how this programme can

reach more members with their support.

2. At the end of the visits as mentioned above, groups are expected to draw up a social map of

the village highlighting the gaps they have found and recommend whether the village need

exclusive services of Cluster Link Workers or the support of other stakeholders can have

similar results with minimum support of Cluster Link Workers.

3. From these information calculate the broad estimates of target population in a village will be:

(the calculation is based on the Situation Need Assessment reports of existing project Districts

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[PART II—SEC. 3(ii)]

not more than two years or programme data in case Situation Need Assessment is more than

2 years)

Target Setting for Link Workers Scheme Districts:

Target Group

Existing Districts

New Districts

Antenatal Care mothers

100% as per the

information from the

Antenatal Care register of

the village

100% as per the

information from the

Antenatal Care register of

the village

Tuberculosis Bacili

patients

100% as per the

information from the

District Tuberculosis Officer

or Senior Tuberculosis

Laboratory Supervisors of

the area

100% as per the

information from the

District Tuberculosis Officer

or Senior Tuberculosis

Laboratory Supervisors of

the area

High Risk Groups (as per

definition)

Reported by last Situation

Need Assessment (within

twoyrs) or programme data

(last 6 months)

The target should be fixed

within 6 months of

implementation in the

village (100%)

Male population at risk

including spouses of

Female Sex Workers

5% of adult male population

(considering National

Sexually Transmitted

Infections prevalence of 5%

among male)

5% of adult male population

(considering National

Sexually Transmitted

Infections prevalence of 5%

among male)

Bridge Population low

risk but highly vulnerable

including spouses of

Men who have Sex with

Men or Injecting Drug

Users

Spouses of migrants or

truckers or Injecting Drug

Users or Men Who Have

Sex with Men and migrants

or truckers as per

last Situation Need

Assessment (within two yrs)

or number of households

reported in the programme

data

Number of migrant or

truckers households as

informed by Anganwadi

workers or Auxiliary Nurse

and Midwifery or Panchayat

People Living with HIV

Number as reported in the

Integrated Counselling and

Testing Centre or

Antiretroviral Treatment

facilities

Number as reported in the

Integrated Counselling and

Testing Centre or

Antiretroviral Treatment

facilities

TOTAL TARGET

Sum of 3,4,5,6

[भाग II—खण् ड3(ii)]

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2087

An example of Broad Map is presented below:

An example of site map of a village is presented below:

The Broad Map is based on the

Integrated

Counselling

and

Testing Centre and Prevention

of Parent to Child Transmission

data

analysed

from

Computerised

Management

Information System to prioritise

pockets

which require intervention.

The next step would be to

understand in each Block,

which are the Panchayats or

cluster

villages

which

represent higher trends of

Integrated Counselling and

Testing Centre and Prevention

Parent

Child

Transmission

positivity

recorded

the

nearest

Integrated Counselling and

Testing Centre.

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Steps in Conducting Site Assessment in a New District:

The site assessment is to be carried out by the newly recruited Link Workers Scheme District

staff with the support of State AIDS Control Societies and Technical Support Unit for the

following purpose:

 To prioritise new villages in compliance with the location and target population as defined

earlier.



1. Take the map of District and identify the block with highest rural High Risk Groups as reported

by nearest Targeted Interventions line lists or high number of People Living with HIVs as

reported by nearest Integrated Counselling and Testing Centre or Antiretroviral Treatment or

positive network or Tuberculosis Bacili clinics reporting presence of co-infected patients or

high number of Tuberculosis Bacili patients or with high outmigration.

2. Review of secondary data of nearest Targeted Interventions or hotspots of Targeted

Interventions (maximum within 20 kms radius of the village) Female Sex Workers and Male

Sex Workers as well as Focus Group Discussion with these groups to understand what

percentage of High Risk Groups are from the village and what barriers to condom use are.

3. Review of secondary data of Anti-retroviral clinics and HIV testing centres in the nearby areas

to understand what percentage of on Antiretroviral Treatment or pre-Antiretroviral Treatment

clients belong to the villages.

4. Review of secondary data of Sexually Transmitted Infections clinics and health care providers

in the nearby areas to understand what percentage of clients, High Risk Groups belong to the

villages and are having Sexually Transmitted Infections and health seeking behaviour.

5. Collect information regarding potential outlets for condom social marketing, any kind of

health facilities catering to general population.

6. Collect information regarding the existence of sex networks (both male and Female Sex

Workers) and the support structures for these networks, operational timings of Key

Populations in the area, the concentration of High Risk Groups.

Based on these information the Management and Technical Team will decide and inform about the

suitability of the village for designing an intervention. While making such decision following

algorithm may be used:

1. 60% of the Female Sex Workers are medium (more than six clients in last 15 days) volume

Female Sex Workers and there is at least three Sexually Transmitted Infections or

Reproductive Tract Infections reported for 40% of the Female Sex Workers for two quarters.

2. 50% of Men Who Have Sex with Men, Male Sex Workers, clients of Female Sex Workers or

spouses of Men Who Have Sex with Men or Injecting Drug Users have reported at least one

infection of Sexually Transmitted Infections during two quarters.

3. Injecting Drug Users with four to five injecting episodes per week.

4. 60% of those are who are migrants or truckers are coming back to village at least more than

two times a year and there is significant information about Sexually Transmitted Infections.

5. At least 5-10 per general population tested are People Living with HIV or are on Antiretroviral

Treatment.

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2.2

Determining Availability of Appropriate Services

Availability of appropriate services at any location which has suitability for intervention will depend

upon following:

1. The quality of engagement with target population.

2. The efficiency of coverage of target population with services.

This is important from the point of placing Link Workers Scheme in a village or cluster of villages:

(i)

Efficiency of coverage: In order to optimise the utilisation of resources, it is necessary that

these services are accessed. This will essentially depend upon the availability of services such

as syndromic management, HIV testing and counselling services.

(ii)

Quality of engagement: From an intervention perspective, it is also important that the point of

access provides an environment where the target population continue to access service with

confidentiality and these services are stigma free gage in depth with the programme.

It is not expected that services available far off (more than 10-20 kms) will be accessible for High Risk

Groups and vulnerable population in rural settings considering issues with affordable transportation.

Hence, it is important to understand different locations and its importance in designing services.

Different options for service delivery in rural settings:

 In case the existing government facilities have provision of syndromic case management and

or HIV testing and counselling within 10 kms (5kms in hilly or low population density areas)

from the villages or cluster of villages the same may be considered for referrals. In such cases

the target for those villages will be significantly higher considering availability of services may

be of 80%.



The proposed health camps with syndromic case management and or HIV testing and

counselling services can be tagged with the villages or cluster of villages and at least 60%of

the High Risk Groups shall receive services at least once a year.





The provision of mobile health clinics with syndromic case management shall be utilised to

provide services under National Health Mission.





The provision of mobile Integrated Counselling and Testing Centre vans along with other

activities may be planned to provide HIV testing and counselling services at least twice a

year and shall ensure 80% of the High Risk Groups are tested.



If Yes for Point 1,2,4

If No for point 4

Not suitable for full-fledged intervention

even all other criteria are fulfilled.

Suitable for interventions

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2.2.1 Types of Villages or Cluster of Villages

They can generally be classified under three types.

2.2.1.1 Villages or Cluster of villages primarily of High Risk Groups

These are villages with

(i)

more than 10 High Risk Groups mostly of medium volume (more than 6 clients in 15 days) or

most of them are young and new.

(ii)

with less than 10 High Risk Groups but are of high volume (more than 8 clients in last 15

days)

(iii)

high degree of mobility (atleast more than three days a week) Female Sex Workers or Men

Who Have Sex with Men or Injecting Drug Users move to the nearest highway, dhabas,

market yard, railway station, construction sites, Targeted Interventions area etc. and solicit

clients.

(iv)

Targeted Interventions line list highlights significant number of Female Sex Workers, Men

Who Have Sex with Men or Male Sex Workers or Injecting Drug Users belong to the village

or its peripheral hamlets or cluster of villages.

2.2.1.2 Villages pre-dominantly out migration villages with more than 20% of the adult males

migrate more than three months in a year.

(i)

Households with more than 20% adult male out migration and significant of them are on

Antiretroviral Treatment or are on pre-Antiretroviral Treatment.

2.2.1.3 Villages have low risk and vulnerable populations but have significant number of

persons are from People Living with HIV community

(i)

These villages are important from the point of halting the transmission by introducing

timely treatment and ensuring adherence.

Hence, based on these considerations the design of interventions and services can be

determined. The same is presented below:

Villages or Cluster of villages primarily of High Risk Groups

Villages pre-dominantly out migration villages

Full-fledged interventions

Villages have low risk and vulnerable populations but have

significant number of persons are from People Living with

HIV community

2.3

CAPACITY BUILDING OF IMPLEMENTING PARTNERS

The role of State AIDS Control Societies and Technical Support Unit is important from the point of

bringing common understanding among different stakeholders about the expected outcomes of the

interventions, the implementation approaches and expected impact.

While the in-house training may be imparted through the project staff so that they can be used for

training of new staff as well as can support the project ongoing basis.

The training activities will be carried out by State Training and Resource Centres in States with State

Training and Resource Centres, in rest of the States the State AIDS Control Societies would use

trained resource persons to deliver the training for Link Workers Schemes. Therefore, it is important

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that the capacity of the implementing partners is built in and a system of local evidence building and

feedback to the programme is built in within the prevention intervention.

The capacity building inputs should include:

(i)

Training (induction, refresher, specialised theme based training)

(ii)

“Hand holding” or mentoring

Various themes for Capacity Building can be:

Areas

Participants

(i)

National AIDS and Sexually Transmitted

Diseases Control Programme

Basic information on HIV and Sexually

Transmitted Infections

(ii)

Behaviour Change Communication and

development of Information, Education

and Communication materials

(iii)

Dealing with myths and misconceptions

(iv)

Peer education and community outreach

(v)

Harm Reduction including Opioid

Substitution Therapy

(vi)

Condom programming

(vii) Safer sex negotiation

(viii) Sex and sexuality

(ix)

HIV testing and counselling

(x)

Outreach planning, monitoring

Cluster Link Workers

Supervisors

(i)

Stigma and discrimination

(ii)

Community participation and

empowerment

(iii)

Sexually Transmitted Infections

management

(iv)

Advocacy

Supervisor

District Resource Person

(i)

Reporting systems

(ii)

Project management

(iii)

Resource mobilisation

Monitoring and Evaluation cum Accounts

Assistant

District Resource Person

The “Handholding” or “Mentoring” visits carried out by the State AIDS Control Societies and Technical

Support Unit teams or by external experts need to be outlined keeping in mind that the project staff

are able to understand the gaps and are able to find solution within their own settings. The objectives

of these visits shall be:

1. Brainstorming and facilitating to identify gaps, opportunities

2. Facilitating in finding out solutions

3. Facilitating advocacy and networking

4. Bringing in scale for services with private sector, other referral services for Tuberculosis Bacili,

Antiretroviral Treatment services

5. Monitoring of the performance benchmarks and grading the performance

6. Capacity building through onsite support

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2.4 MONITORING AND EVALUATION

The implementation for Link Workers Scheme will be monitored by the State AIDS Control Societies

and Technical Support Unit teams using specific supervisory tools.

The basic purpose of the monitoring is to ensure:

1. That the intervention is aligned with the National Guidelines or aligned to the strategies

worked out in the proposal in line of the National Guidelines.

2. That the interventions has put systems for peer education by Cluster Link Workers

(recruitment as per the Guidelines), updated outreach plan, appropriate service delivery

system, networking and advocacy approaches, social marketing of condom programme,

linking with HIV testing facilities and linking with Antiretroviral Treatment facilities.

3. That the intervention has been reporting on National Guidelines.

4. That the intervention has been making efforts to engage with different stakeholders towards

addressing programme management issues, stigma and discrimination as well as overall

improvement of performance of the intervention.

5. Triangulation of data on Sexually Transmitted Infections incidence among High Risk Groups

with other sub-groups and Key Population groups in the area to understand the transmission

dynamics and provide necessary inputs.

In addition to the routine monitoring there is need for monitoring of specific outcomes such as;

condom use pattern among different clients and vulnerable population, behaviour change patterns

among these groups, HIV testing and Antiretroviral Treatment compliance rates among High Risk

Groups and other vulnerable populations.

These are important from the point of improving the outcomes of the intervention. While monitoring

of these interventions are important from the point of investments, the process of evaluation is

required to understand the systems in place and their effectiveness and efficiency, effectiveness of

existing referral systems and delivery pattern.

The role of State AIDS Control Societies and Technical Support Unit teams in Evaluation would be:

1. Build capacity of the team, experts to implement evaluation tools.

2. Facilitate the process of evaluation. Provide critical feedback to the policy makers,

stakeholders and implementers in improving the quality of interventions.

3. Build in and manage the quality assurance and quality improve mechanisms within the

project.

4. Carry out documentation of best practices, training needs and outcome assessments using

various tools.

Specific Strategy for North Eastern States and Tribal areas:

While the implementation mechanism of Link Workers Scheme will be same for North Eastern States

and Tribal areas in terms of target population, services for each target population and performance

indicators. While the service delivery mechanism will be more based on reach out models such as

health camps linked with Testing services, outreach models for needle or syringe distribution, linkage

with Opioid Substitution Therapy centres will be high priority in Districts with Injecting Drug User

programme requirements.

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Similarly, the management model of implementing Link Workers Scheme in North East States and

tribal areas will include merger of neighbouring districts with less than 60 targeted villages in each

District to optimize the management by one Non-Governmental Organisation. The villages are to be

selected as per the Guidelines and Districts may be merged as one cluster to implement the scheme.

The proposal has to be prepared by State AIDS Control Societies and the same will require prior

approval of National AIDS Control Organisation.

Take home messages:

(i)

The role of State AIDS Control Societies and Technical Support Unit team is to support the

programme in building evidence for planning, better implementation and building capacity

of the partners.

(ii)

Broad Mapping, site assessments are key steps in estimating the denominator and assessing

the feasibility.

(iii)

Villages or cluster of villages with 60% of the Female Sex Workers are medium (more than

four clients per week) volume Female Sex Workers and there is at least three Sexually

Transmitted Infections or Reproductive Tract Infections reported for 40% of the Female Sex

Workers for two quarters AND/OR 50% of Men Who Have Sex with Men, Male Sex Workers,

clients of Female Sex Workers or spouses of Men Who Have Sex with Men or Injecting Drug

Users have reported at least one infection of Sexually Transmitted Infections during two

quarters AND/OR 60% of those are who are migrants or truckers are coming back to village at

least more than two times a year and there is significant information about Sexually

Transmitted Infections in addition to at least 10 per adult population tested are People Living

with HIV or are on Antiretroviral Treatment.

(iv)

Injecting Drug Users with five to six injecting episodes per week to be considered for

intervention

(v)

Capacity building of partners and continuous monitoring are essential to maintain quality and

ensure optimal investments.

CHAPTER 3: Guidelines for Implementing Partners

In this chapter, following areas are covered:

1. What are principles of service delivery among risky and vulnerable population in rural settings

2. Programme Strategies

3. Different service delivery models

4. Component of service delivery

a) Behavioural Component – how to prepare micro plan for outreach, what are the

outreach components, what are the components of Interpersonal Communication

and Behaviour Change Communication

b) Biomedical Component – what are the different services, how to link with services

c) Structural Component

5. Programme Management

6. Human Resource Management

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[PART II—SEC. 3(ii)]

3.1 Principles of Service Delivery Among Risky and Vulnerable Population in a

Rural Setting

Considering the nature of target population and the socio-cultural milieu it is important that the

service delivery among these populations need to be guided by certain basic principles:

1. Alignment with National Guidelines

The intervention is required to align with all existing National Guidelines for its various components.

2. Differential Approaches

Different approaches are required for rural High Risk Groups based on the dynamics of the sexual and

social networks of each of the sub-category (from where they operate, who controls these networks

etc.). The vulnerability pattern (outmigration volume and mobility pattern), sexual behaviour of

spouses of High Risk Groups, availability of Sexually Transmitted Infections services and condoms will

determine the approaches.

3. Community participation and ownership building

Ideally, the social and sexual network in rural settings is homogenous in nature and building affinity

for mobilising them as community for risk or vulnerability reduction is achievable. Their participation

needs to be structured based on their perceived needs may be in the form of mobilsing through Self

Help Groups, Small groups based on their profession or occupation etc.

4. Adoption of combination prevention approaches

Considering the different scenario in which the interventions will be designed it is important that

combination prevention approaches may be adopted targeting both High Risk Groups and their

regular sexual partners both for prevention and treatment. However, these approaches are to be

confidential and stigma free.

5. Affordability, Acceptability and Accessibility of services

Considering the low literacy level, varying degree of health seeking behaviour owing largely due to

limited access and prevailing myth, the services may be accessible, acceptable and affordable.

6. Confidentiality and Continuum of services

Rural High Risk Groups and vulnerable clients prefer to be anonymous about their identity as well as

behaviour, hence it is important to ensure confidentiality of services offered. Similarly it is important

to ensure mechanisms for continuity of services across their mobility especially if the High Risk

Groups can be linked to nearest Targeted Interventions to ensure a full package of services.

3.2 Programme Strategies

Link Workers Scheme is a prevention intervention programme targeting rural risky and vulnerable

population. From epidemic response perspective, the scheme is expected to target both vertical

transmission and lateral transmission of HIV among these target population. The following

diagram describes the importance of these transmission dynamics and programme strategies of Link

Workers Scheme:

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Routes of

Transmission

Vertical

Transmission

Lateral Transmission

Transmission

from

Positive clients

At risk communities

Pregnant Mother

Sexually active men

and women (High

Risk

Groups

and

their

clients)

Migrants and their

spouses

Spouses of positive

clients

and

their

sexual

partners,

children

Risk level

Very High

Moderate to High

Highest

Visibility in the

community

High

Low

Strategy

Outreach combined

with service linkage

with existing

Accredited Social

Health Activist and

Auxiliary Nurse and

Midwifery

Outreach combined

with Behaviour

Change

Communication,

Enabling

Environment

Component strong

linkage to services

Outreach combined

with strong linkage

services

and

positive prevention

components

High visibility High Risk Population

Low visibility High Risk Population

High visibility

Moderate Risk

Population

(i) Ante Natal Care

Mothers

(ii) High Risk Groups with

Tuberculosis Bacili

(iii) Tuberculosis Bacili

patients

(iv) People Living with HIVs

or People Living with

AIDS

(i) Spouses of

migrants

(ii) Injecting Drug

Users and their

partners

(iii) Migrants

(i) Female Sex

Workers

(ii) Men Who Have

Sex with Men

(iii) Transgender or

Hijra

(iv) Male Sex Workers

(i) Clients of

High Risk

Groups

(ii) Spouses of

High Risk

Groups

(i) Youth

(ii) Mobile

population

Step 1.COVERAGE TO BUILD RAPPORT Step 3. IDENTIFY HIGH RISK GROUPS, COVERAGE AND SERVICES

Step 2.RAPPORT BUILDING FOR HIGH RISK GROUPS Step 4. REFERRALS

The above framework shows that the Cluster Link Workers shall start covering High visibility High Risk

Populations to link them with services provided by other workers in the area. This will help them to

build rapport in the community and will help them to identify High Risk Groups and other Low visible

High Risk Population. Once these group of high risk population is identified, snow balling need to

happen to identify other members in the same village or in the area. Cluster Link Workers are

expected to link all these members with services, follow up them and ensure adherence and

continuity. Whereas the moderate risk groups need to be sensitised and provided opportunity to

access information centre and health camp services.

This guideline outline broad strategies under three components as described above:

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[PART II—SEC. 3(ii)]

Behavioural Component:

Outreach:

Designed specific to the nature of target population

Location, time specific micro- plans to conduct outreach will be designed (details of micro-plan available

in Training Module)

Peer driven approach (Self Help Group members, Direct Observed Treatment and Short Term

Chemotherapy providers etc.)

Communication: Both Interpersonal Communication (one to one) and group level approaches

Carried out by Cluster Link Workers and volunteers

Targeting risk perception, condom use, safer injecting practices, Opioid Substitution Therapy, service

uptake, self worth

Condom Promotion: Primarily through social marketing Condom demo and free condom availability

will be restricted to those who are medium and high risk Female Sex Workers, Men Who Have Sex with

Men, Injecting Drug Users, and Male Sex Workers.

Free condoms for other target population need to be linked with nearest Accredited Social Health

Activist and Auxiliary Nurse and Midwifery.

Provision and collection of needles and syringes by linking to nearest Targeted Interventions

(distribution by Cluster Link Workers based on the requirements of the Injecting Drug Users preferably

collected from Targeted Interventions on monthly basis)

Biological Component:

Services: Clinical services for treatment of Sexually Transmitted Infections or Reproductive Tract

Infections, abscess by linking to nearest health facilities, camps organised in the area.

Linked to HIV counselling and testing

Referral and networking with other service providers

HIV testing and counselling: Primarily linked to Integrated Counselling and Testing Centre or Facility

Integrated Counselling and Testing Centre or Integrated Counselling and Testing Centre vans, Health

camps

Structural Component:

7) Community Systems Strengthening: Using village health and sanitation committee and District

AIDS Coordination Committee as platform for sharing the progress and issues that needs to be

addressed with support of District and Block level functionaries.

8) Creation of Enabling Environment: Cluster Link Workers are expected to work with other health

staff (Auxiliary Nurse and Midwifery, Accredited Social Health Activist), Anganwadi Workers to

ensure that the target population are able to access information, services in a stigma free

environment. Especially the village mothers meeting shall be used to reach out to the females

and their family members regarding myth and misconceptions on HIV or AIDS and ways to

prevent.

Different Service Delivery Models

In summary, the different service delivery models that may be feasible for implementation in the

locations which have been found feasible for Link Workers Scheme are as follows:

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Type of location

Type of service component

Service delivery model

Villages predominantly

Concentrated with rural

High Risk Groups or out

migration villages (as

defined earlier) within 10

kms or 5 kms in hilly

or low population density

areas (not less than 10

kms) from the nearest

Govt. facility in Integrated

Counselling and Testing

Centre or Facility

Integrated counselling &

Testing Centre

Behavioural Component

Mid-media linked with State AIDS

Control Societies campaign Condom

outlets Counselling by Cluster Link-

Workers

Treatment of Sexually

Transmitted Infections or

Reproductive Tract

Infections, Abscess

management in

Injecting Drug Users

Linked to nearest Primary Health

Centre or Community Health Centre or

trained private providers

Provision of Opioid

Substitution Therapy

Linkage with nearest Opioid

Substitution Therapy Centre

HIV Counselling and testing

Linkage with Integrated Counselling

and Testing Centre or Facility

Integrated Counselling & Testing Centre

Villages predominantly

concentrated with rural

High Risk Groups or

outmigration villages (as

defined earlier) more than

10 kms or 5 kms in hilly or

low population density

areas from the nearest

Govt. facility in Integrated

Counselling and Testing

Centre or Facility

Integrated counselling &

Testing Centre

Behavioural Component

Mid-media linked with State AIDS

Control Societies Campaign Condom

outlets Counselling by Cluster Link

Workers

Provision of Opioid

Substitution Therapy

Linkage with nearest Opioid

Substitution Therapy Centre

Treatment of Sexually

Transmitted Infection or

Reproductive Tract

Infections, Abscess

management in

Injecting Drug Users

Linked to nearest sub centre

Through Primary Health Centre or

Community Health Centre or trained

private providers

HIV Counselling and testing

Linkage with Mobile Integrated

Counselling and Testing Centre or

Mobile Medical Unit with testing

facility Linkage during health camps

planned by State AIDS Control Societies

or Link Worker Scheme with testing

facility

Type of location

Type of service component

Service delivery model

Villages significant

concentration of People

Living with HIV or People

Living with AIDS and other

risk-groups (as defined

earlier) within 10 kms or 5

kms in hilly or low

population density areas

from the nearest Govt.

Behavioural Component

Linkages with nearest People Living

with HIV network Linkages with other

social welfare Schemes through

Panchayat or Taluka office Condom

outlets Counselling by Cluster Link

Workers

Antiretroviral provisioning

Linked to nearest Link Anti Retro Viral

Treatment or Anti Retro Viral

Treatment centres

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facility in Integrated

Counselling and Testing

Centre or Facility

Integrated Counselling &

Testing Centre

HIV Counselling and testing

Linkage with Integrated Counselling

and

Testing

Centre

Facility

Integrated Counselling & Testing Centre

3.3 Components of Service Delivery

The services under these interventions are primarily considered three components, they are:

1. Behavioural Component

2. Bio-medical Component

3. Structural Component

Behavioural Component

In Link Workers Scheme, the behavioural component of the programme is implemented in principle

of location time cluster approach to maximise the inputs provided. Considering the low visibility

and anonymous nature of the population, the location time cluster approach is used to reach out

the High Risk Groups or their partners (regular or commercial) through one to one (by home visits),

one to group session (through Self Help Group meetings, mothers meeting, youth group meetings,

gram sabha meetings) and mid-media activities. To delivery communication session the Cluster Link

Worker has to prepare a micro-plan.

The behavioural component essentially a mix of services which enables the client to perceive the

risk associated with certain behaviour and enables with services, condoms, needles and syringes to

practice safer behaviour and thus reducing the risk associated.

Accordingly the framework of implementing and monitoring of this component will be as follows:

What

How

Responsibility

Expected outcome

Measurable indicators

Health

education

Through

Inter

Personal

Communication,

Mid-media

and

Counselling

Cluster

Link

Workers

and

Supervisor

Increase incondom use,

safer injecting

practices, Opioid

Substitution Therapy,

and

reduction in Sexually

Transmitted Infections

burden

(i) Increase in condom use in

last sex

(ii) Decline in Sexually

Transmitted Infections

burden among High Risk

Groups and their clients

(iii) Increase in Opioid

Substitution Therapy

registration

(iv) Increase in using clean

needles and syringes in

every injecting episode

Increase

risk

perception

Through

Inter

Personal

Communication,

Counselling

Cluster

Link

Workers

Increase walk-in clients

to the Integrated

Counselling and Testing

Centre or Facility

Integrated counselling &

Testing Centre or

Integrated Counselling

and Testing Centre

van for counselling and

testing

(i) Increase in walk-in clients

versus referral clients

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3.3.1 Preparation of Micro plan by Cluster Link Workers

The following steps are required to be undertaken.

3.3.1.1 Preparation of Site Map

Step 1: Preparation of Site Map:

Preparation of Site Map of the village or cluster of villages is required to prepare the micro-plan. A

site map provides geographical and social overview of an area, including details regarding

landmarks. It will help in planning to decide how many sessions required, who are to be targeted and

where the services are to be linked.

This also provides to collect detailed information in a phased manner, starting with high visibility

high risk population to low visibility high risk population and ensure their linkage with services. (as

mentioned at the start of this chapter).

Site Mapping will focus on the following

(i)

List out all households with high visible high risk populations and their current service uptake

status especially related to accessing services for treatment of Sexually Transmitted Infections

or Reproductive Tract Infections, HIV counselling and testing.

(ii)

Prioritise the households with migrants, People Living with HIV or People Living with AIDS and

Tuberculosis Bacili patients.

(iii)

Differentiate by volume and risk level of High Risk Groups and injecting frequency of Injecting

Drug Users

ACTIVITIES TO BE TAKEN UP BEFORE SITE MAPPING

(i)

Introduce yourself to the Taluka Medical Officer preferably with zonal supervisor during

weekly meeting of Auxiliary Nurse and Midwifery and Accredited Social Health Activist. Briefly

describe the Llink Worker Scheme and expected support from Health Society and National

Health Mission. (especially supports in terms of requirements for free condoms, participation

in special activities, linkage of pregnant mothers to HIV testing, linkage of High Risk Groups to

Sexually Transmitted Infections treatment and HIV testing, support for conducting health

camps, linkage for HIV Tuberculosis Bacili programmes).

(ii)

Cluster Link Workers shall attend similar meeting at least once in three months preferably the

zonal supervisor shall present in these meetings to discuss progress and issues that needs to

be addressed by Taluka or Block level officers of various departments.

Steps in Site mapping (is a continuous process at least to be done every 3 months)

(i) Start by asking general questions about the village. Spread chart paper on the ground, hand

over the sketch pens, and request the participants to draw the geographical outline of the

village and its adjoining 5 kms area. Participants can be youth groups, mothers.

(ii) Request participants to mark the important landmarks. Whilst marking landmarks probe for

land marks such as sub-centres, house of Accredited Social Health Activist, Anganwadi centres,

doctors or medical facilities, existing and potential condom outlets, Key Population hotspots,

congregation points of local migrants and truckers.

(iii) Next, ask participants to mark the specific households with pregnant mothers (guide with your

list), migrant families, Tuberculosis Bacili patients.

2100

THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

(iv) Whilst the participants draw the map, ask them probing questions to generate information on

mobility of village population (both male and female), purpose of mobility and mark those

households. Note down all the information collected in the map

(v) Additionally, after the exercise discuss this map and information with Auxiliary Nurse and

Midwifery, Accredited Social Health Activist and mark households with People Living with HIV

or People Living with AIDS, High Risk Groups (already known).

(iii) Collect the list of pregnant mothers on three monthly basis from the Auxiliary Nurse and

Midwifery The Broad Mapping is to be carried out at least for five different parts in a village

with more than 500 households and consolidate into one map. In case of less than 500

households the map is to be carried out in three different parts and in less than 200 households

one map is to be prepared.

Step 2: Line listing of beneficiaries:

The following table shows the process and source of information for line listing:

Type of Population Population

Source of information

When to collect and update

High visibility High

Risk Population

Ante Natal Care

Mothers

Auxiliary Nurse and

Midwifery or

Accredited Social

Health Activist register

Every quarter

High Risk Groups

with Tuberculosis

Bacili

Auxiliary Nurse and

Midwifery

Every month

Tuberculosis

Bacili patients

Auxiliary Nurse and

Midwifery or Direct

Observed Treatment

and Short Term

Chemotherapy provider

Every month

People Living

withHIVs or

People Living

with AIDS

Antiretroviral

Treatmentor Nearest

link Antiretroviral

Treatment or

Integrated Counselling

and Testing Centre or

Positive

Network

Every 3 months

Spouses of

migrants

Migrant households

information through

discussion and home

visits

During home visits

Migrants

During home visits

Injecting Drug

Users and their

partners

Auxiliary Nurse and

Midwifery or

Accredited Social

Health Activist or

during home visits

During home visits

Female Sex

Workers

(i) From line list of

existing Link Worker

Every month

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2101

Low visibility High

Risk Population

Men Who Have

Sex with Men

Scheme data or

Targeted

Interventions data

(ii) During home visits

Every month

Male Sex Workers

Every month

Injecting Drug

Users

Every month

Transgender or

Hijras

Every 3 month

Clients of High

Risk Groups

Through discussion and

home visits

During home visits

Spouses of High

Risk Groups

During home visits

A simple format for line listing is annexed at Annexure1 and 2. The objective of maintaining a line list

(i)

To identify households by risk category, update their service requirements and service

accessed.

(ii)

To monitor the progress of Cluster Link Workers scheme by villages and cluster of villages.

(iii)

To understand workload for a village or cluster of villages and help in optimising the

requirements of Cluster Link Workers in a District irrespective of work load.

(iv)

To minimise duplication of services for High Risk Groups who are also line listed in a nearby

village or nearby Targeted Interventions.

(v)

Helps in building rapport and ensuring adherence of services.

Step 3: Risk and Vulnerability Mapping

Social and Sexual Networks mapping: Identify the social networks and sexual networks especially in

case of Female Sex Workers, Men Who Have Sex with Men, Male Sex Workers, Transgender or

Hijras, Migrants, Spouses of migrants to understand the service requirements, factors which

influence their health seeking behaviour.

Understanding the risk exposure and risk pattern: Amongst the listed High Risk Groups, initially

provide condoms or needles or syringes without accurately estimating the requirements. While

doing so over a period, the Cluster Link Worker will be able to estimate the risk pattern (number of

clients per week) and risk exposure (whether regular or commercial clients). Then these information

may be used to calculate condom requirements per week and how the condoms can be supplied.

COMPLETE THE SITE MAP by including the above information on a map i.e. households map, social

and sexual network map and line listing.

Example of information from site maps consolidated at Block level:

Name of

Total

Number of

Total number

Total

Source of

the Block

the village

number of

segment

of households number of

information

households Maps

with different

target

prepared

other Cluster Link Worker village

person has been recorded and

receiving services from a nearest

Targeted Interventions

or Cluster Link Worker village

Guidelines

Item: Format for outreach

planning

Who fills: Cluster Link Worker Frequency: As and when

Purpose of outreach planning:

(i)

To use field level data related to availability of target population by their location and

convenient timing for outreach activities.

Explanations:

Name

Explanation

Source of collection

Location

The place where an individual or a group of

individuals from the target population can be met

as per their convenience to provide information

and/or services

Individuals or group of

individuals as per their

discussion during last meeting

Number of target The number of target population who have

expressed their convenience for next meeting

Individuals or group of

individuals

population

Timings

The time noted by individual or group of

individuals for meeting or sharing information or

providing Services

Individuals or group of

individuals

Day

The day when meeting is planned as per the

Convenience

Individuals or group of

individuals

Item: Format for stock and issue Who fills: Cluster Link Worker Frequency: Once a month

Purpose of documenting stock and issue of various items:

2150 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

(i)

To use data from stock and issue of various items handled by the Cluster Link Worker for

improving the distribution of various commodities as per the need of target population

Explanations:

Name

Explanation

Source of collection

Name of the item

These items can be free or socially

Self explanatory

marketed condoms, needles,

syringes,

Information, Education and

Communication or Behaviour

Change Communication materials

Source from where

received

Mention from where the item has

Self explanatory

been received – it may be from

Auxiliary Nurse and Midwifery,

from District or Block Medical

officer,

Cluster Link supervisor or District

Resource Persons

Opening balance of the

item

The number of items available at

the start of every month or as per

the date decided by State AIDS

Control Societies or Non-

Governmental Organisation

Based on calculation of items

available at the start of the month

and sum of items distributed

during

the month

Total numbers received

The number of items received from Self explanatory

during the month

various sources during the month

Total number of items

Sum of various items available at

the

Calculation of items available at the

available at the start of

the

start of the month plus the items

start of the month and items

month

received during the month

Total numbers

distributed or socially

marketed during the

month

Sum of items distributed for various

target population as mentioned in

the line list. Sum of items socially

marketed.

Information about distribution as

per the line listing format and

information on social marketing

from the social marketing register

Closing balance of the

item

The number of items available on

the last day of the month or as per

the

date decided by State AIDS Control

Societies or Non-Governmental

Organisation

The calculation of total items

available at the start of the month

minus the sum of total items

distributed or socially marketed

during the month

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2151

Item: Format for referral and linkage Who fills: Cluster Link Worker Frequency: As and when

Purpose of documenting referral and linkage activities:

(i)

To use data monitoring of referrals and services accessed by various target population

Explanations:

Name

Explanation

Source of collection

Category of persons

Various target population Self explanatory

No. of persons reached

Total no. of persons as

No. of persons who got tested for HIV

Integrated Counselling

and Testing Centre or

testing done during health

camps

mentioned in the line list

format who have

accessed

services at different

referral centres

amongst number of persons who were

referred for HIV testing

No. of persons treated

with Sexually Transmitted

Infections (both govt. and

private)

No. of persons who were treated for

Sexually Transmitted Infections among

those referred

No. of persons received

No. of persons who were receiving

Prevention of Parent to

Child Transmission

services

Prevention of Parent to Child Transmission

services among those referred

No. of persons received

Antiretroviral Treatment

services

No. of persons who were receiving

Antiretroviral Treatment services among

those referred

No. of persons linked with

People Living with HIV

network

Number of persons who were linked to

People Living with HIV network among

those referred

No. of persons linked with

No. of persons who were linked to social

social benefits schemes

benefit schemes among those referred

Name

Explanation

Source of collection

Any other services linked

Any other services which

Self explanatory

were provided by the

Non-Governmental

Organisation or State

AIDS Control Societies or

any other institutions and

the target population

were linked with services.

Item: Format for documenting meetings Who fills: Member of Link Workers Scheme

Frequency: As and when

Purpose of documenting meeting activities:

(i)

To document and use the proceedings of the meetings for improving the outcomes

2152 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Explanations: The items mentioned in this format are self explanatory and the information are

to be collected from the respective meetings.

Item: Format for referral and linkage monitoring Who fills: Zonal Supervisor

Frequency: Quarterly Once

Purpose of documenting referral and linkage monitoring activities:

(i)

To use data monitoring of referrals and services accessed by various target population in each

village in a quarter and understanding the barriers so that these issues can be addressed during

stakeholder meetings.

Explanations: Self explanatory as mentioned in the format related to referral and linkage activities

Item: Format for Human Resources Who fills: Frequency: Monthly Once District Resource Persons

Purpose of documenting HR related activities:

(i)

To document and use the data for understanding staff availability, trainings undergone and areas

of training by various agencies including by the Non-Governmental Organisation.

Explanations: Self explanatory as mentioned in the format related to Human Resources related

activities

Item: Format for Visit Report Who fills: District Resource Persons or Zonal Supervisor

Frequency: As and when

Purpose of documenting field visit related activities:

(i)

To document and use the information for monitoring of purpose of visit, action taken during the

visit and future plans worked out – followed up following the visit

Explanations: Self explanatory as mentioned in the format related to field visit related activities

Item: Format for Stock and Issue register at District levelWho fills: District Resource Persons

Frequency: As and when

Purpose of documenting stock and issue register at District level:

(i)

To document and use the information stock and issue of various items for monitoring the inflow

and out flow at District level.

(ii)

Ensure indenting at least when the stock level is less than three months for items

(iii)

Indenting format has been included to ensure smooth handling of supplies and maintain official

records of indenting

Explanations: Self explanatory as mentioned in the format related to field visit related activities.

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2153

संस् कृतत मंत्रालय

नई दिल् ली, 3 जुलाई, 2020

का.आ. 685.— केंद्र सरकार, राजभाषा (संघ के शासकीय प्रयोजनों के तलए प्रयोग) तनयम, 1976 के तनयम

10 के उप तनयम 4 के अनुसरण में संस् कृतत मंत्रालय के अंतगगत आने वाले कायागलय, राष्‍ट रीय तवज्ञान संग्रहालय

पररषि की अधीनस् थ इकाई, आंचतलक तवज्ञान नगरी लखनऊ-226024 तजसमें 80 प्रततशत या इससे अतधक

अतधकाररयों/कमगचाररयों ने हहंिी का कायगसाधक ज्ञान प्राप् त कर तलया है, को अतधसूतचत करती है।

यह अतधसूचना राजपत्र में प्रकाशन की तारीख से प्रवृत् त होगी।

[फा. सं. 13016/1/2019-हहंिी]

वेिान् तम तगरी, संयुक् त सतचव

MINISTRY OF CULTURE

New Delhi, the 3rd July, 2020

S.O. 685.— In pursuance of Sub-rule (4) of Rule 10 of the Official Language (Use for official purposes

of the Union) Rules, 1976, the Central Govt. hereby notifies Regional Science city, Lucknow-226024 the unit of

National Council of Science Museums, under Ministry of Culture wherein 80% or more officers/staff have

acquired working knowledge of Hindi.

This notification shall come into force from the date of publication in the Official Gazette.

[F. No. 13016/1/2019-Hindi]

VEDANTAM GIRI, Jt. Secy.

पेरोतलयम और प्राकृततक गैस मंत्रालय

नई दिल् ली, 3 अगस् त, 2020

का.आ. 686 .—केन्द्रीय सरकार, पेरोतलयम और खतनज पाइपलाइन (भूतम में उपयोग के अतधकारके

अजगन) अतधतनयम, 1962 (1962 का 50) की धारा 2 के खण् ड (क) के अनुसरण में और पेरोतलयम एवं प्राकृततक

गैस मंत्रालय, भारत सरकार के का. आ. 101 दिनांक 17 जनवरी 2020, की अतधसूचना के संशोधन में उक् त

अतधतनयम के अधीन राजस्थान राज् य के राज् यक्षेेत्र के भीतर तहन् िुस् तान पेरोतलयम कॉपोरेशन तलतमटेड की मुंद्रा

दिल्ली पाइपलाइन, आवा-सालावास पाइपलाइन और रेवाडी-कानपुर पाइपलाइन पररयोजना के तलए सक्षेम

अतधकारी के कायों का तनवगहन करने के तलए श्रीमतत नीतू बारूपाल, आर.ए.एस., राजस्थान सरकार को प्रातधकृत

करती है। यह अतधसूचना की तारीख से लागू होता है ।

[फा. सं. आर-11025(15)/5/2019-ओआर-I/ई-30377]

पी. सोमाकुमार, अवर सतचव

MINISTRY OF PETROLEUM AND NATURAL GAS

New Delhi, 3rd August, 2020

S. O. 686.—In pursuance of clause (a) of section 2 of the Petroleum Minerals Pipelines (Acquisition of

Right of User in Land) Act, 1962 (50 of 1962) and in modification of Notification of the Government of India

in Ministry of Petroleum and Natural Gas S.O. No. 101 dated the 17^th January 2020, the Central Government

hereby authorizes Smt. Neetu Barupal, RAS, Government of Rajasthan to perform the functions of Competent

Authority for HPCL’s Mundra Delhi Pipeline, Awa Salawas Pipeline and Rewari Kanpur Pipeline under the

said Act, within the territory of Rajasthan State. This is applicable from the date of notification.

[F. No. R-11025(15)/5/2019-OR-I/E-30377]

P. SOMAKUMAR, Under Secy.

2154 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

कोयला मंत्रालय

नई दिल् ली, 18 अगस् त, 2020

का.आ. 687.—केन् द्रीय सरकार को यह प्रतीत होता है दक, इससे उपाबद्ध अनुसूची में उतल्लतखत पररक्षेेत्र

की भूतम में से कोयला अतभप्राप् त दकए जाने की संभावना है;

अत:, उक्त अनुसूची में वर्णिंत क्षेेत्र में अंतर्वगष्‍ट ट ्‍ योंरे योजनवहन संय या एपीएमडीसी/

मिनपुर/सीबीए/प्लान संयया 1, तारीख 27 अप्रैल, 2020, का तनरीक्षेण, मुय य महाप्रबंधक ( खोज प्रभाग), सेंरल

माइन प्लाहनंग एण्ड तडजाइन इन्स्टीच्यूट तलतमटेड, गोंडवाना पैलेस, कांके रोड, रांची (झारखंड) के कायागलय में या

कायगपालक तनिेशक/महाप्रबंधक- तवत्त/मुयय महाप्रबंधक (कोयला), आंध्र प्रिेश तमनरल डेवलपमेंट कारपोरेशन

तलतमटेड, 294/1डी, 100 फीट रोड, तात़िगाडपा टू एतनकापाडू रोड, कनूर, तवजयवा़िा-521137, आंध्र प्रिेश या

कोयला हनंयत्रक, 1, काउंतसल हाउस स् रीट, कोलकाता - 700 001 के कायागलय में या तजला कलक् टर, तजला कोरबा,

(छत्तीसगढ़ ) के कायागलय में दकया जा सकता है ।

अत: , अब, केन् द्रीय सरकार, कोयला धारक क्षेेत्र (अजगन और तवकास) अतधतनयम, 1957 (1957 का 20)

(तजसे इसमें इसके पश् चातउ उक् त अतधतनयम कहा गया है) की धारा 4 की उप-धारा (1) द्वारा प्रित् त शतक् तयों का

प्रयोग करते हुए, उस भूतम में कोयले का पूवेक्षेण करने के अपने आशय की सूचना िेती है ।

उक् त अनुसूची में वर्णगत भूतम में तहतबद्ध कोई व् यतक् त, -

(i)

संपूणग भूतम या उसके दकसी भाग या ऐसी भूतम में या उसके ऊपर दकसी अतधकार के अजगन पर आक्षेेप

कर सकेगा ; अथवा

(ii)

उक् त अतधतनयम की धारा 4 की उप-धारा (3) के अधीन की गयी दकसी कायगवाही से हुई या होने

वाली संभातवत दकसी क्षेतत के तलए अतधतनयम की धारा 6 के अधीन प्रततकर का िावा कर सकेगा;

अथवा

(iii)

उक् त अतधतनयम की धारा (13) की उप-धारा (1) के अधीन पूवेक्षेण अनुज्ञतप् तयों के प्रभावहीन होने के

संबंध में या उक् त अतधतनयम की धारा 13 की उप-धारा (4) के अधीन खनन पट्टे प्रभावहीन होने के

तलए प्रततकर का िावा कर सकेगा और उसे उक् त अतधनयम की धारा 13 की उपधारा (1) के खंड (i)

से खंड (iv) में तवतनर्िगष्‍ट ट मिों की बाबत उपगत व् यय को उपिर्शगत करने के तलए भूतम से संबंतधत

सभी मानतचत्रों, चाटों और अन् य िस् तावेजों को पररित् त कर सकेगा,

इस अतधसूचना के राजपत्र में प्रकाशन की तारीख से न्‍ बे दिन के भीतर, कायगपालक तनिेशक/महाप्रबंधक-

तवत्त/मुयय महाप्रबंधक (कोयला), आंध्र प्रिेश तमनरल डेवलपमेंट कारपोरेशन तलतमटेड, 294/1डी, 100 फीट रोड,

तात़िगाडपा टू एतनकापाडू रोड, कनूर, तवजयवा़िा-521137, आंध्र प्रिेश को भेज सकेगा ।

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2155

अनुसूची

दि आंध्र प्रिेश तमनरल डेवलपमेंट कारपोरेशन तलतमटेड

मिनपुर साउथ कोयला ्‍लॉक

तहसील – पो़िीउपरो़िा

तजला कोरबा, राज्य छत्तीसगढ़

(योजनवहन संय या एपीएमडीसी/ मिनपुर/सीबीए/प्लान संयया 1, तारीख 27 अप्रैल, 2020 )

(क)

तनजी भूतम :

क्र.सं. ग्राम का नाम

पटवारी हल्का

संयया

तहसील

तजला

क्षेेत्र

हेक्टेयर में

(लगभग)

रटप्पतणयां

मोरगा

पो़िीउपरो़िा

कोरबा

57.707

भाग

केतमा

पो़िीउपरो़िा

कोरबा

5.218

भाग

जो़ि : 62.925 हेक्टेयर (लगभग) या 155.488 एक़ि (लगभग)

(ख) राजस्व वन भूतम:

क्र.सं. ग्राम का नाम

पटवारी हल्का

संयया

तहसील

तजला

क्षेेत्र

हेक्टेयर में

(लगभग)

रटप्पतणयां

मोरगा

पो़िीउपरो़िा

कोरबा

0.067

भाग

केतमा

पो़िीउपरो़िा

कोरबा

145.675

भाग

जो़ि : 145.742 हेक्टेयर (लगभग) या 360.128 एक़ि (लगभग)

(ग) सरकारी भूतम:

क्र.सं. ग्राम का नाम

पटवारी हल्का

संयया

तहसील

तजला

क्षेेत्र

हेक्टेयर में

(लगभग)

रटप्पतणयां

मोरगा

पो़िीउपरो़िा

कोरबा

0.384

भाग

केतमा

पो़िीउपरो़िा

कोरबा

0.162

भाग

जो़ि : 0.546 हेक्टेयर (लगभग) या 1.349 एक़ि (लगभग)

2156 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

(घ) वन भूतम :

क्र.सं. वन का नाम

रेंज

प्रभाग

क्षेेत्र

हेक्टेयर में

(लगभग)

रटप्पतणयां

मोरगा

केन्िई

कटघोरा

398.427

भाग

केतमा

केन्िई

कटघोरा

104.432

भाग

जो़ि : 502.859 हेक्टेयर (लगभग) या 1242.565 एक़ि (लगभग)

कुल योग : ( क + ख + ग + घ): 712.072 हेक्टेयर (लगभग)

या 1759.530 एक़ि (लगभग)

सीमा-वणगन:

(1)

रेखा तबन्िु संयया 6 से 8: रेखा तबन्िु संयया 6 से प्रारंभ होती है, कोयला ्‍लॉक के उत्तर-ितक्षेण छोर

से और तबसरार नाला में सतममतलत होते हुए पहुंचती है और रेखा तबन्िु संयया 8 (जोदक ्‍लॉक का

उत्तर-पूवग छोर है) और इसमें संरतक्षेत वन उपखंड संयया पी-372 और पी-368 है ।

(2)

रेखा तबन्िु संयया 8 से 10 : रेखा तबन्िु संयया 8 से प्रारंभ होती है, कोयला ्‍लॉक के उत्तर-पूवग छोर

से और तबसरार नाला में सतममतलत होते हुए पहुंचती है और रेखा तबन्िु संयया 10 (जोदक ्‍लॉक का

ितक्षेण-पूवग छोर है) और इसमें संरतक्षेत वन उपखंड संयया पी-368 और पी-366 है ।

(3)

रेखा तबन्िु संयया 10 से प्रारंभ होती है, कोयला ्‍लॉक के ितक्षेण-पूवग छोर से और मोरगा ग्राम से

होकर पहुंचती है और तबन्िु संयया 1 से होते हुए कोयला ्‍लॉक का ितक्षेण-पतिम छोर है ।

(4)

रेखा तबन्िु संयया 1 से 6 : रेखा तबन्िु संयया 1 से प्रारंभ होती है, कोयला ्‍लॉक के ितक्षेण छोर से

और मोरगा और केतमा से होकर पहुंचती है और तबन्िु संयया 6 से होते हुए जोदक कोयला ्‍लॉक का

उत्तर-पतिम है ।

[फा. सं. 43015/5/2020-एलए एण्ड आईआर]

मुकेश, अवर सतचव

MINISTRY OF COAL

New Delhi, the 18th August, 2020

S.O. 687.— Whereas, it appears to the Central Government that coal is likely to be obtained from the

land in the locality mentioned in the Schedule annexed to this notification ;

And, whereas, the plan bearing number APMDC/Madanpur/CBA/Plan No.1, dated the 27^th April,

2020, containing details of the area of land mentioned in the said Schedule may be inspected at the office of the

Chief General Manager (Exploration Division), Central Mine Planning and Design institute Limited, Gondwana

Place , Kanke Road, Ranchi (Jharkhand) or at office of the Executive Director/General Manager-Finance/Chief

General Manager (Coal), Andhra Pradesh Mineral Development Corporation Limited, 294/1D,100 Feet Road,

Tadigadapa to Enikepadu Road ,Kanur, Vijayawada – 521137, Andhra Pradesh or at the office of the Coal

Controller, 1, Council House Street, Kolkata-700001 or at the office of the District Collector, District Korba

(Chhattisgarh).

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 4 of the Coal Bearing

Areas ( Acquisition and Development ) Act, 1957 (20 of 1957 ) , ( hereinafter referred to as the said Act ), the

Central Government hereby gives notice of its intention to prospect for coal from the land described in the said

Schedule.

Any person interested in the land described in the said Schedule may, —

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2157

(i)

object to the acquisition of the whole or any part of the land or of any rights in or over such land; or

(ii)

claim compensation under section 6 of the said Act for any damage caused or likely to be caused by

any action taken under sub-section (3) of section 4 of the said Act ; or

(iii)

claim compensation under sub-section (1) of section 13 of the said Act in respect of prospecting

license ceasing to have effect or under sub-section (4) of section 13 of the said Act for mining lease

ceasing to have effect and deliver all maps, charts and other documents relating to the aforesaid

land to show the expenditure incurred in respect of items specified in clauses (i) to (iv) of sub-

section (1) of section 13 of the said Act,

to the office of the Executive Director/General Manager - Finance/ Chief General Manager (Coal), Andhra

Pradesh Mineral Development Corporation Limited, 294/1D,100 Feet Road, Tadigadapa to Enikepadu Road,

Kanur, Vijayawada – 521137, Andhra Pradesh within a period of ninety days from the date of publication of this

notification.

SCHEDULE

The Andhra Pradesh Mineral Development Corporation Limited

Madanpur South Coal Block

Tehsil – Podiuproda

District Korba, State Chhattisgarh

[ Plan bearing number APMDC/Madanpur/CBA/Plan No.1, dated the 27^th April, 2020 ]

(A) Private Land:

Sr.

No.

Name of

Village

Patwari

Halka

number

Tehsil

District

Area in hectares

(approximately)

Remarks

Morga

Podiuproda

Korba

57.707

Part

Ketma

Podiuproda

Korba

5.218

Part

Total : 62.925 hectares(approximately) or 155.488 acres (approximately)

(B) Revenue Forest Land:

Sr.

No.

Name of

Village

Patwari

Halka

number

Tehsil

District

Area in hectares

(approximately)

Remarks

Morga

Podiuproda

Korba

0.067

Part

Ketma

Podiuproda

Korba

145.675

Part

Total : 145.742 hectares(approximately) or 360.128 acres (approximately)

(C) Government Land:

Sr.

No.

Name of

Village

Patwari

Halka

number

Tehsil

District

Area in hectares

(approximately)

Remarks

Morga

Podiuproda

Korba

0.384

Part

Ketma

Podiuproda

Korba

0.162

Part

Total : 0.546 hectares(approximately) or 1.349 acres (approximately)

2158 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

(D) Forest Land:

Sr.

No.

Name of

Forest

Range

Division

Area in hectares

(approximately)

Remarks

Morga

Kendai

Katghora

398.427

Part

Ketma

Kendai

Katghora

104.432

Part

Total : 502.859 hectares(approximately)

or 1242.565 acres (approximately)

Grand Total (A+B+C+D): 712.072 hectares (approximately)

or 1759.530 acres (approximately)

Boundary Description:

(1)

Line from point no. 6 –8. The line start from point no. 6 in north west corner of the coal block and

follow the alignment all along Bisrar Nalah and reaches point no. 8 (north east corner of the

block) mainly intersect Protected Forest Compartment numbers P 372 and P 368.

(2) Line from point no.8 to 10. The line start at point no. 8 in the north east corner and follow the

alignment all along Bisrar Nala and reaches point no. 10 (south east corner of the coal block) and

intersect Protected Forest Compartment no. P 368 and P 366.

(3) Line from point no. 10 in the south east corner of the coal block and passing through the Morga

village and reaches point no. 1 which is south west corner of the coal block.

(4) Line from point no. 1 to 6. The line starts from point no. 1 in the South west corner of the coal

block and passing through Morga and Ketma village and reached point no. 6 north west of the

coal block.

[F. No. 43015/5/2020-LA&IR]

MUKESH, Under Secy.

श्रम एवं रोजगार मंत्रालय

नई दिल्ली, 11 अगस् त, 2020

का.आ. 688.—औद्योतगक तववाि अतधतनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में केन्द्रीय

सरकार मैससग आर.के. माबगल के प्रबंधतंत्र के संबद्ध तनयोजकों और उनके कमगकारों के बीच अनुबंध में तनर्िगष्ट

औद्योतगक तववाि में औद्योतगक अतधकरण/श्रम न्यायालय, उियपुर के पंचाट (संिभग संयया 04/2015) को प्रकातशत

करती है जो केन्द्रीय सरकार को 05.08.2020 को प्राप्त हुआ था।

[सं. जेड-16025/4/2020-आईआर(एम)]

ए. के. ‎हसंह, अवर सतचव

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 11th August, 2020

S. O. 688.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 04/2015) of the Industrial Tribunal/Labour Court, Udaipur

now as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of

M/s R.K. Marble, and their workman, which was received by the Central Government on 05.08.2020.

[No. Z-16025/4/2020-IR(M)]

A. K. SINGH, Under Secy.

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2159

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izdj.k la[;k 04 lu~ 2015 I.T.R.(C)

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i=koyh QSly 'kqekj gksdj nkf[ky n¶rj gksA

v:.k dqekj nwcs] v/;{k

नई दिल्ली, 11 अगस् त, 2020

का.आ. 689 .—औद्योतगक तववाि अतधतनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में केन्द्रीय

सरकार मैससग जे.के. अरो़िा माबगल प्रा0 तलतमटेड के प्रबंधतंत्र के संबद्ध तनयोजकों और उनके कमगकारों के बीच

अनुबंध में तनर्िगष्ट औद्योतगक तववाि में औद्योतगक अतधकरण/श्रम न्यायालय, उियपुर के पंचाट

(संिभग संयया 03/2015) को प्रकातशत करती है जो केन्द्रीय सरकार को 05.08.2020 को प्राप्त हुआ था।

[सं. जेड-16025/4/2020-आईआर(एम)]

ए. के. ‎हसंह, अवर सतचव

New Delhi, the 11th August, 2020

S. O. 689.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 03/2015) of the Industrial Tribunal/Labour Court, Udaipur

now as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of

M/s. J. K. Arora Marble Pvt. Ltd., and their workman, which was received by the Central Government on

05.08.2020.

[No. Z-16025/4/2020-IR(M)]

A. K. SINGH, Under Secy.

2160 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

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[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

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नई दिल्ली, 11 अगस् त, 2020

का.आ. 690.—औद्योतगक तववाि अतधतनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में केन्द्रीय

सरकार मैससग तसद्धाथग माबगल प्रा. तलतमटेड के प्रबंधतंत्र के संबद्ध तनयोजकों और उनके कमगकारों के बीच अनुबंध में

तनर्िगष्ट औद्योतगक तववाि में औद्योतगक अतधकरण/श्रम न्यायालय, उियपुर के पंचाट (संिभग संयया 41/2015) को

प्रकातशत करती है जो केन्द्रीय सरकार को 05.08.2020 को प्राप्त हुआ था।

[सं. एल-28011/31/2015-आईआर(एम)]

ए. के. ‎हसंह, अवर सतचव

New Delhi, the 11th August, 2020

S. O. 690.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 41/2015) of the Industrial Tribunal/Labour Court, Udaipur

now as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of

M/s. Sidharth Marble Pvt. Ltd., and their workman, which was received by the Central Government on

05.08.2020.

[No. L-28011/31/2015-IR(M)]

A. K. SINGH, Under Secy.

vuqca/k

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izdj.k la[;k 41@2015 I.T.R.(C)

Jh v/;{k] tutkfr [kku etnwj la?k]

elkjks dh vksojh] rglhy _"kHknso] ftyk mn;iqj

---izkFkhZ

fo:)

Jh eSustj] fl)kFkZ ekcZy izk- fy-

elkjks dh vksojh] ftyk mn;iqj

---foi{kh

2162 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

mifLFkr %&

izkFkhZ dh vksj ls % Jh jes'k uUnokuk] vf/koDrk

foi{kh dh vksj ls % Jh fot;dqekj vksLroky] vf/koDrk

%% iapkV %%

fnukad 11 Qjojh] 2020

Hkkjr ljdkj ds Je foHkkx dh vf/klwpuk Øekad L-28011/ 31/2015-IR{M} New Delhi

fnukad 22-06-2015 ds }kjk fuEukafdr fookn bl U;k;ky; dks vf/kfu.kZ;kFkZ izsf"kr fd;k x;k &

^^D;k ;wfu;u tutkfr [kku etnwj la?k] elkjks dh vksojh] _"kHknso ftyk mn;iqj }kjk izcU/ku ds le{k mBk;h

x;h fuEufyf[kr ekaxs U;k;ksfpr gS \ ;fn gka rks Jfed fdl jkgr dks ikus ds vf/kdkjh gS \

¼1½ 1 o"kZ esa 12 fnu dh NqV~Vh& 26 tuojh] 15 vxLr] j{kk ca/ku] edj laØkfUr] gksyh ij 4 fnu] nhikoyh ij

4 fnu] 1 o"kZ esa R;kSgkjks ij 12 fnu NqV~Vh nsos vkSj 12 NqV~Vh dk iSlk nsosa]

¼2½ Jfedksa dks gktjh dkMZ e; QeZ ds lkFk miyC/k djkos]

¼3½ 250 gktjh Hkjus ij ih-,y-@lh-,y- dh 18 NqV~Vh dk iSlk fn;k tkos A

¼4½ 250 gktjh Hkjus ij 12 izfr'kr cksul fn;k tkos]

¼5½ o"kZ esa 2 tksMh twrs] diMs o lqj{kk dh lkexzh nh tkos]

¼6½ ekcZy eas Bsdk izFkk cUn djs ,oa lHkh ekbZUlksa dks dEiuh ds }kjk pyk;k tkos]

¼7½ ;wfu;u }kjk Jfedks ds fy, osru njks dh ekax

Ø- la-

dsVsxjh

5 ls 10 o"kZ ds vuqHko ij ¼8 ?kaVs dk osru½

feL=h

700 #i;s

e'khu vkWijsVj

700 #i;s

psu lkW vkWijsVj

600 #i;s

lqijokbZtj

500 #i;s

bysDVªhf'k;u

600 #i;s

osYMj

500 #i;s

Msjhd dzsu vkWijsVj

500 #i;s

MEij M~zkbZoj

400 #i;s

ts-lh-ch- vkWijsVj

400 #i;s

ok;j lkW vkWijsVj

500 #i;s

,sYVh Qksj vkWijsVj

450 #i;s

Mªhfyax vkWijsVj

400 #i;s

LVksj :e

350 #i;s

pkSdhnkj

300 #i;s

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2163

mDr vk’k; dk izlax izkIr gksus ij U;k;ky; }kjk izdj.k ntZ fd;k tkdj lEcfU/kr i{kdkjku dks uksfVl

tkjh fd;s x;sA ftl ij izkFkhZ la?k dh vksj ls fnukad 27-01-2017 dks Dyse fd;k x;k Fkk rFkk foi{kh dh vksj ls

fnukad 15-07-2019 dks tckc is'k fd;k x;kA

izkFkhZ }kjk izLrqr Dyse ds rF; la{ksi esa bl izdkj gS fd& izkFkhZ ;wfu;u ,oa foi{kh ds le{k ih-,Q- dkVs

tkus] NqfV~V;ks ckcr] gktjh dkMZ miyC/k djk;s tkus] ih-,y-] cksul vkfn ckcr ekax i= j[kk Fkk tks ekaxs vR;Ur

gh mfpr ,oa egRoiw.kZ Fkh] ysfdu foi{kh }kjk bu ekaxks dks ekaxus ls bUdkj dj fn;kA Jfed ;wfu;u }kjk mBkbZ

ekaxs fnukad 18-04-2013 dks Lohdkj dj yh xbZ] yfsdu mlds ckn Hkh bUgsa ykxw ugha fd;k x;kA blfy;s Jfed

mDr ekax i= dh ekaxks dk ykHk fnukad 18-04-2013 ls izkIr djus ds vf/kdkjh gSA blfy;s dsUnz ljdkj ls izkIr

jsQjsUl esa of.kZr ekax i= ekuus o rn~uqlkj Hkqxrku djk;s tkus ckcr fu.kZ; ikfjr djk;s tkus dh izkFkZuk dhA

foi{kh us vius tckc esa ;g izdV fd;k fd fu;ekuqlkj yap ,oa lkIrkfgd NqV~Vh nh tkrh gS] dEiuh esa

fu;qDr deZpkfj;ska dk ih-,Q dkVk tkrk gS] R;kSgkjks ij deZpkfj;ksa dks NqfV~V;ka o cksul vkfn iznku fd;k tkrk gS]

le; ij Hkqxrku fd;k tkrk gS] fu;qDr deZpkfj;ska ls vkB ?kaVs gh dk;Z djk;k tkrk gS]tks deZpkjh fu;qDr gS mUgsa

ljdkj }kjk fu/kkZfjr U;wrue osru ds vuqlkj Hkqxrku fd;k tkrk gSA blfy;s izkFkhZ ;wfu;u dh vkSj ls izLrqr Dyse

dks [kkfjt fd;s tkus dh izkFkZuk dhA

izkFkhZ dks lk{; gsrq dbZ volj iznku fd;s x;s] ysfdu izkFkhZ dh vksj ls dksbZ lk{; is'k ugh gqbZA foi{kh

dh vksj ls Hkh dksbZ lk{; is'k ugha gqbZA

mHk; i{kdkjks dh cgl lquh xbZA i=koyh dk voyksdu fd;k x;kA

izkFkhZ dh vksj ls vius Dyse ds leFkZu esa dksbZ ekSf[kd ,oa nLrkosth lk{; is'k ugha gqbZA

izkFkhZ i{k dh vksj ls dksbZ ekSf[kd ,oa nLrkosth lk{; is'k u gksus ls ;g lkfcr ugh gksrk gS fd izkFkhZ

;wfu;u }kjk foi{kh laLFkku ls fdUgh ekaxks ds lEcU/k esa dksbZ ekax i= j[kk vkSj foi{kh us mUgsa Lohdkj ugha fd;k

gksA vr% lk{; ds vHkko esa ;g Hkh lkfcr ugh gksrk gS fd izkFkhZ ;wfu;u us foi{kh laLFkku ds le{k ekaxs mBk;h gks

vkSj foi{kh }kjk mUgS Lohdkj ugha dh gksA

mDr foospu ds vk/kkj ij ;g lkfcr ugh gksrk gS fd izkFkhZ ;wfu;u }kjk foi{kh laLFkku ds le{k dksbZ

ekax j[kh gks vkSj mUgsa foi{kh }kjk Lohdkj ugha dh gksA blfy;s izkFkhZ i{k dksbZ jkgr ikus dk vf/kdkjh ugha gSA

vr% Hkkjr ljdkj }kjk izsf"kr izlax fnukad 22-06-2015 dks mRrfjr djrs gq, iapkV bl izdkj ikfjr fd;k

tkrk gS fd&

izkFkhZ ;wfu;u tutkfr [kku etnwj la?k] elkjks dh vksojh] _"kHknso }kjk foi{kh laLFkku ds le{k dksbZ ekax

mBk;k tkuk o foi{kh laLFkku }kjk mUgsa Lohdkj ugha fd;s tkus dk dksbZ rF; lkfcr ugha gqvk gSA

vr% izkFkhZ i{k dksbZ jkgr ikus dk vf/kdkjh ugha gSA

iapkV izdk’kukFkZ leqfpr ljdkj dks Hkstk tkosaA

v:.k dqekj nwcs] ihBklhu vf/kdkjh

नई दिल्ली, 11 अगस् त, 2020

का.आ. 691.—औद्योतगक तववाि अतधतनय, 1947 (1947 का 14) की धारा 17 के अनुसरण में केन्द्रीय

सरकार मैससग राजस् थान स् टेट माईन् स एंड तमनरल् स तलतमटेड के प्रबंधतंत्र के संबद्ध तनयोजकों और उनके कमगकारों के

बीच अनुबंध में तनर्िगष्ट औद्योतगक तववाि में औद्योतगक अतधकरण/श्रम न्यायालय, उियपुर के पंचाट

(संिभग संयया 08/2009) को प्रकातशत करती है जो केन्द्रीय सरकार को 05.08.2020 को प्राप्त हुआ था।

[सं. एल-29012/6/2009-आईआर(एम)]

ए. के. ‎हसंह, अवर सतचव

2164 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

New Delhi, the 11th August, 2020

S. O. 691.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 08/2009) of the Industrial Tribunal/Labour Court, Udaipur

now as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of

M/s. Rajasthan State Mines and Minerals Ltd., and other, and their workman, which was received by the

Central Government on 05.08.2020.

[No. L-29012/6/2009-IR(M)]

A. K. SINGH, Under Secy.

vuqca/k

vkS|ksfxd fookn vf/kdj.k ,oa Je U;k;ky;] mn;iqj ¼jktLFkku½

ihBklhu vf/kdkjh && Jh v:.k dqekj nqcs

izdj.k la[;k 08@2009 I.T.R.(C)

Jh tujy lsdsVªh]

jkWd QkWLQsV etnwj la?k ¼ baVd ½

>kej dksVMk] mn;iqj

---izkFkhZ

fo:)

Jh eSusftax Mk;jsDVj]

jktLFkku LVsV ekbZUl ,.M feujYl fy-

>kejdksVMk [knku] mn;iqj

---foi{kh

mifLFkr %&

izkFkhZ dh vksj ls % Jh lh- ih- 'kekZ] vf/koDrk

foi{kh dh vksj ls % Jh lat; lksuh] vf/koDrk

%% iapkV %%

fnukad 29 uoEcj] 2019

Hkkjr ljdkj ds Je foHkkx dh vf/klwpuk Øekad L29012/6/ 2009-IR{M}New Delhi fnuk ad 28-05-2009 ds

}kjk fuEuk afdr fookn bl U;k;ky; dks vf/kfu.kZ;kFkZ izsf"kr fd;k x;k &

‘‘Whether the action of Management of General Manager, (Personal & Administration), Rajasthan State

Mines and Minerals Ltd., Jhamar Kotda in imposing punishement by reducing the pay Scale of

Shri Raghunath Singh Sakla S/o Late Shri Gowardhan Singh Sakhla Sr. Assistant Gr.I Stag Workman

No. 16266 from 7400-200-9400-275-11600 to Rs. 6700-198-10660 vide their order dated 03/10/2007 is

just and legal? What relief the workman is entitled to and from which date?”

mDr vk’k; dk izlax izkIr gksus ij U;k;ky; }kjk izdj.k ntZ jftLVj fd;k x;k ,oa lEcfU/kr i{kdkjku dks

uksfVl tkjh fd;s x;sA ftl ij izkFkhZ dh vksj ls Dyse o foi{kh dh vksj ls tckc is’k fd;k x;kA

izkFkhZ i{k }kjk izLrqr Dyse ds rF; la{ksi esa bl izdkj gS fd& izkFkhZ ;wfu;u foi{kh laLFkku esa dk;Zjr Jfedksa dh

,d ek= izfrfuf/k ;wfu;u gS] ftlesa j?kqukFkflag lka[kyk lfpo in ij gksdj ofj"B usrk gSA foi{kh laLFkku esa Hkkjrh; turk

ikVhZ lefFkZr jktLFkku jkT; [kku ,oa [kfut etnwj la?k dh ,d vYier ;wfu;u gS] ftls foi{kh laLFkku esa cgqer Jfedks dk

izkIr ugha dj ldh] blfy;s izkFkhZ ;wfu;u ds inkf/kdkfj;ksa dks izrkfMr dj viuk izHkko tekus ds mns'; ls muds }kjk >waBh

f'kdk;rs dh xbZ vkSj foi{kh izcU/kd }kjk j?kqukFkflag dks fnukad 22-04-06 dks ,d feF;k vkjksi i= fn;k ftlesa ml ij ;g

vkjksi yxk;k fd&^^vkius vius vU; lkfFk;ksa ds lkFk feydj Jh >kes'oj Jfed Bsdk lgdkjh lfefr uked ,d lgdkjh

laLFkk dk xBu fd;k] mldk iath;u djok;k rFkk mDr lfefr }kjk foi{kh laLFkku }kjk fofHkUu ikfVZ;ksa dks fodz; fd;s eky

dk vius Lrj ij ynku vkfn ds dk;Z djrh gS rFkk vki laLFkku ds LFkk;h deZpkjh gksrs gq, izcU/ku dh iwoZ vuqefr ds fcuk

gh mDr lfefr ds lnL; ,oa inkf/kdkjh cus o O;olkf;d xfrfof/k;ksa esa layXu jgsA** vkidk mDr d`R; /kkjk 20 dk Li"V

mYy?kau gS tks fd vkns'k la[;k 21 ^,* ds vUrxZr nqjkpj.k ekuk x;k gSA blds vfrfjDr Hkh vkius LFkk;h vkns'kks ds vuqPNsn

21 ds mi fu;eksa ds rgr xEHkhj nqjkpj.k dh ifjHkk"kk esa vkrs gS tks fd vkns'k la[;k 22&, ds rgr n.Muh; gSA ftl ij

Jfed us mDr vkjksiksa dks vLohdkj djrs gq, fnukad 24-04-06 dks viuk Li"Vhdj.k izLrqr fd;kA foi{kh }kjk mDr

Li"Vhdj.k dks lUrks"ktud ugha ekurs gq, vkns'k fnukad 10-05-06 ds }kjk foHkkxh; tkap gsrq Jh lh-ch- jktu dks tkap

vf/kdkjh fu;qDr fd;k] ftUgksaus tkap dj fjiksVZ izcU/ku dks fnuakd 23-09-07 dks izLrqr dhA ftl vk/kkj ij foi{kh }kjk

Jfed dks fnukad 03-10-2007 dks orZeku osru J`a[kyk 7400&11600 ls fuEu osru J`a[kyk 6700&198&10660 esa inkour

(Demote) fd;s tkus dk n.M izLrkfor djrs gq, uksfVl fn;k ftldk Jfed us fnuakd 09-10-2007 dks izR;qRrj fn;k] ijUrq

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2165

mDr izR;qRrj dks utj vUnkt djrs gq, izLrkfor n.M dks dUQeZ fd;kA tkap dk;Zokgh eas tkap vf/kdkjh us uSlfxZd U;k; ds

fl)kUrksa dh vogsyuk dh] vkjksfir deZdkj dks vius cpko dk ;qfDr;qDr volj ugha fn;kA tkap dk;Zokgh esa fdlh Hkh xokg

us ;g ugha dgk fd vkjksfir dkexkj us dksbZ O;fDrxr ysunsu fd;k gks ;k O;olkf;d xfrfof/k;ksa esa 'kkfey gks] dkexkj

Jfed us mDr lfefr esa voSrfud dke fd;k gS] lfefr dk xBu ekpZ 2004 esa fd;k x;k Fkk vkSj lfefr us IykUV ,oa

fLyist o vU; dk;Z gsrq fufonk Hkjh Fkh ml oDr gh izcU/ku dks i= fnukad 24-03-04 }kjk vkjksfir dkexkj us lwfpr dj

fn;k Fkk fd ifj'kks/ku la;a= esa dk;Zjr Bsdk Jfed us ,d lgdkjh lfefr dk xBu fd;k gS o ;g dk;Z lfefr dks fnyk;k

tkos] ftl i= ij vkjksfir dkedkj ds crkSj lfpo gLrk{kj Fks o vU; nLrkostks ij Hkh vkjksfir dkexkj ds gLrk{kj gS]

ijUrq izcU/ku us bl ij dHkh Hkh ,rjkt ugha fd;kA bl izdkj vkjksfir Jfed ds fo:) vkjksi izekf.kr ugha Fks] fQj Hkh tkap

vf/kdkjh us vuqfpr fu"d"kZ fudkykA izkFkhZ ;wfu;u us foi{kh dks mDr ,d rjQk tkap dk;Zokgh ds vk/kkj ij dh xbZ dk;Zokgh

dks jksdus gsrq foi{kh dks fnukad 17-10-07 dks O;fDr :i ls feydj i= fn;k o ckn esa 11-03-08 dks Hkh i= fn;k ysfdu mDr

n.M dks fujLr ugha fd;k x;kA blfy;s izkFkZuk dh gS fd foi{kh ds vkns'k fnukad 10@11 vDVwcj 2007 }kjk osru J`a[kyk

7400&11600 ls fuEu osru J`a[kyk 6700&10660 es inkour fd;s tkus ds n.M dks vuqfpr ,oa voS/k ?kksf"kr fd;k tkos rFkk

Jfed j?kqukFkflag lka[kyk dks fnuakd 10@11 vDVwcj 2007 ls gh iwoZ osru J`a[kyk esa cgky fd;k tkos o leLr ,fj;j

fnyk;k tkosA

foi{kh us vius tckc esa ;g vafdr fd;k gS fd foi{kh }kjk Jfed dks xSj dkuwuh o uktk;t d`R;ks dh leLr tkap

djus ij iq[rk izek.k gksus ls vkjksi i= okLrfod vk/kkjkas ij fn;k x;k Fkk rFkk Jfed }kjk fn;k x;k Li"Vhdj.k lR;rk ls

ijs gksuk ik;k x;k A izkFkhZ dks lquokbZ dk i;kZIr volj fn;k x;k rFkk tkap vf/kdkjh }kjk uSlfxZd U;k; ds fl)kUrks dh

iw.kZ ikyuk dh xbZ rFkk miyC/k lk{;] nLrkost vkfn vk/kkjksa ij tkap fjiksVZ nh xbZ Fkh A lfefr dk xBu izkFkhZ us vius

futh ykHk ds fy;s vius lkfFk;ksa ls feydj fd;k o mldk iath;u djok;k A mDr lfefr dk xBu 2004 esa gksus ds rF;

dks Hkh xyr gksuk crk;k A foi{kh izcU/ku dks lfefr ds xBu dh dksbZ lwpuk ugha nh xbZ o fu;eksa ds foijhr vkjksfir

dkexkj }kjk lfefr dk xBu fd;k rFkk og lfpo in ij orZeku esa dk;Zjr gS A foi{kh }kjk bl rF; dsk vLohdkj fd;k

x;k fd n.M nqHkkZouk iwoZ 'kkld ikVhZ }kjk lefiZr ;wfu;u dh ekax dks iwjk djus ds mn~s'; ;s fd;k x;k gks A izkFkhZ i{k dh

vkSj ls ,d rjQk tkap dk;Zokgh djuk] vU;k; iw.kZ dk;Zokgh djuk] foi{kh dks i= nsuk] ekax i= nsuk vkfn dFku xyr

vafdr fd;s gS A vr% izkFkhZ dk Dyse [kkfjt fd;s tkus dh izkFkZuk dh gS A

izkFkhZ i{k dh vksj ls A.W-1 j?kqukFkflag o A.W-2 ,l-,e-v¸;j ds 'kiFk i= izLrqr fd;s ftuls foi{kh vf/koDrk

us ftjg dh ,oa foi{kh dh vksj ls N.A.W-1 MkW- lqfuy flag nfg;k o N.A.W-2 psukfyV ckyu jktu ds 'kiFk i=

izLrqr gq, ftuls izkFkhZ vf/koDrk us ftjg dhA nksuks i{kksa dh vksj ls lacaf/kr nLrkost dks iznf'kZr djk;k x;k A

mHk; i{kdkjku dh ekSf[kd cgl lquh xbZ A i=koyh dk xgurk iwoZd voyksdu fd;k x;k A

fo}ku vf/koDrk izkFkhZ dk rdZ gS fd bl izdj.k es izkFkhZ dks foi{kh dh vksj ls dEiuh ds LFkk;h vkns'k dh

vogsyuk o nqjkpj.k ckcr vkjksi i= nsdj ?kjsyq tkap dh xbZ rFkk mlds vk/kkj ij mls inkour ds n.M ls nf.Mr fd;k

x;k tks iw.kZr% voS/k o vuqfpr gS] D;ksafd ?kjsyq tkap esa izkFkhZ dks lquokbZ dk volj ugha fn;k x;k tks uSlfxZd U;k; ds

fl)kUrks ds foijhr gS] mls lk{; gsrq i;kIZr volj ugha fn;k x;k A blds vykok ?kjsyq tkap dh iwf"V esa ekSf[kd ,oa

nLrkosth lk{; izLrqr ugha gqbZ] fdlh Hkh nLrkost dks xokg ls lkfcr ugh djk;k x;k] cfYd nLrkosth lk{; dh mi/kkj.kk

ds vk/kkj ij vkjksiks dks fof/k fo:) rjhds ls lkfcr eku fy;k x;k A U;k;ky; esa Hkh lk{; ds nkSjku vkjksiks ds lEcU/k esa

dksbZ lk{; is'k ugha gqbZ A foi{kh dh vkSj ls ftu 2 xokgku dks lk{; esa izLrqr fd;k x;k] mlesa ls ,d xokg tkapdrkZ gS

rFkk nwljk xokg izcU/ku izfrfuf/k Fkk] mudh lk{; ls Hkh vkjksi lkfcr ugha gS] rFkk mDr vkjksi ds vk/kkj ij izkFkhZ ds fo:)

tks n.M ikfjr fd;k x;k] og iw.kZr% fof/k fo:) gS] ftls vikLr fd;k tkos A

mijksDr rdksZ dk [k.Mu djrs gq, fo}ku vf/koDrk foi{kh dk rdZ gS fd bl ekeys es izkFkhZ ds fo:) vkjksi ds

lEcU/k esa ?kjsyq tkap fof/k lEer rjhds ls dh xbZ A izkFkhZ dks lquokbZ dk iw.kZ volj iznku fd;k x;k A nLrkosth lk{; ls

izkFkhZ ds fo:) yxk;s x;s vkjksi iw.kZr% izekf.kr gS] blds vykok U;k;ky; esa vkjksi ds lEcU/k esa tks lk{; vkbZ gS] mlesa Hkh

izkFkhZ ds fo:) yxk;s x;s vkjksi izekf.kr gq, gS] ftlds vk/kkj ij izkFkhZ ds fo:) n.Mkns'k ikfjr fd;k x;k og iw.kZr% fof/k

lEer gSA vr% izkFkhZ dk Dyse [kkfjt fd;s tkus dh izkFkZuk dh A

nksuksa i{kksa dh vksj ls fy;s x;s rdksZ ds vk/kkj ij bl izdj.k esa U;k;ky; esa l{ke ljdkj dh vksj ls izkIr jsQjsUl

ftlesa bl U;k;ky; dks ;g vfHkfu/kkZfjr djuk gS fd D;k izkFkhZ ds fo:) yxk;s x;s vkjksi izekf.kr gS rFkk mu vkjksiks ds

vk/kkj ij foi{kh }kjk izkFkhZ dks inkour fd;s tkus dk tks vkns'k ikfjr fd;k x;k og fof/k lEer gS ;k ugha \

bl izdj.k esa l{ke ljdkj dh vksj ls jsQjsUl izkIr gksus ds i'pkr~ izdj.k esa lquokbZ ds nkSjku fnukad 05-09-2012

dks bl U;k;ky; }kjk lacaf/kr jsQjsUl esa lsokeqfDr ls lacaf/kr fookn u gksus ds dkj.k rFkk ;wfu;u }kjk ekax i= ij jsQjsUl

izsf"kr gksus ds QyLo:i nksuksa i{kksa dks lk{; ds i'pkr~ izdj.k esa jsQjsUl esa fu.kZ; ikfjr fd;s tkus dk vkns'k iznku fd;k

x;k Fkk rFkk mDr lEcU/k esa nksuksa i{kksa dks lk{; izLrqr djus dk vkns'k ikfjr fd;k x;k Fkk A

izdj.k ds yEcu ds nkSjku gh fnukad 04-10-2019 dks bl U;k;ky; }kjk jsQjsUl esa fnukad 03-10-2007 dk xyr

vadu gksuk ik;k tkus rFkk nksuksa i{kksa }kjk Lohd`r rF;ksa ds vk/kkj ij LVsVesUV vkQ Dyse esa fnukad la'kksf/kr fd;s tkus dh

vuqefr iznku dj fnukad 03-10-2007 ds LFkku ij fnukad 10@11 vDVwEcj] 2007 fd;s tkus ds vkns'k iznku fd;s x;s A

mijksDr U;k; fu.kZ;u ds lEcU/k esa izkFkhZ dh vksj ls tks lk{; izLrqr gqbZ gS izkFkhZ A.W-1 j?kqukFkflag o

A.W-2 ,l-,e- v¸;j us izkFkhZ ds izkFkZuk i= dh iqf"V djrs gq, ;g izdV fd;k gS fd foi{kh dh vksj ls izkFkhZ dh osru

2166 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

J`a[kyk dks inkour djus gsrq tks n.M ikfjr fd;k] ml gsrq tks tkap dk;Zokgh foi{kh dh vkSj ls dh xbZ] mlesa foi{kh us

uSlfxZd U;k; ds fl)kUrksa dh ikyuk ugha dh] izkFkhZ dks lquokbZ dk volj ugha fn;k] izkFkhZ dks cpko esa lk{; izLrqr djus gsrq

vR;Ur vYi le; iznku fd;k] tcfd foi{kh dks 7 ekg dk le; iznku fd;k x;k Fkk A tkap esa foi{kh dh vkSj ls izLrqr

xokg dh ekSf[kd lk{; ls dksbZ Hkh vkjksi izekf.kr ugha gqvk gS rFkk tkap ds nkSjku fdlh Hkh nLrkost dks iznf'kZr ugha djk;k

x;k A nLrkostks dks lk{; esa Vs.Mj fd;s cxSj gh ek= mi/kkj.kk ds vk/kkj ij vkjksi izekf.kr ekurs gq, izkFkhZ dks nf.Mr

fd;k x;kA izkFkhZ dh vkSj ls foi{kh dEiuh ds LFkk;h vkns'kks ds fo:) dksbZ dk;Z ugh fd;k x;k A lgdkjh lfefr ds xBu

dh tkudkjh foi{kh dks Fkh] mUgksaus tkudkjh ds i'pkr~ Hkh izkFkhZ dks lfefr eas Hkkx ysus ls ugha jksdk A bl izdkj foi{kh dh

ekSu Lohd`fr lfefr esa izkFkhZ ds cus jgus ckcr Fkh] mDr lfefr ds }kjk dksbZ ykHk vftZr fd;k x;k gks&foi{kh dh vkSj ls

izLrqr lk{; ls ;g rF; Hkh lkfcr ugha gS A >waBh f'kdk;r ds vk/kkj ij izkFkhZ ds fo:) dk;Zokgh dh xbZ A ftls vikLr

fd;s tkus dh izkFkZuk dh xbZ rFkk nLrkosth lk{; ds :i esa izn'kZ&1 yxk;r izn'kZ&28 dks iznf'kZr djk;k x;k A

blds foijhr foi{kh dh vkSj ls izLrqr N.A.W-2 psukfyV ckyu jktu us Hkh viuh lk{; esa izkFkhZ ds fo:) fof/k

vuqlkj ?kjsyq tkap fd;k tkuk rFkk leLr vkjksi izekf.kr ik;s tkus ij tkap fjiksVZ tujy eSustj dks lqiqnZ fd;k tkuk

viuh lk{; esa crk;k gS A nLrkosth lk{; ds :i esa foi{kh dh vkSj ls ExM-1 yxk;r ExM-12 dks iznf'kZr djk;k x;k A

nksuksa i{kksa dh vkSj ls izLrqr lk{; ds i'pkr~ bl ekeys esa tks rF; lkeus vk;s gS] mlesa foi{kh dh vksj ls izkFkhZ dks

fnukad 22-04-06 dks izn'kZ&3 vkjksi i= iznku fd;k x;k] ftlesa izkFkhZ ds fo:) ;g vkjksi Fkk fd mlus foi{kh dEiuh ds

LFkk;h vkns'k dh /kkjk 20 dk mYya?ku dj LFkk;h vkns'k la[;k 21 ds vUrxZr vuqPNsn 21 (a) (ii) (viii) (xii) (xxii) (xxiv)

,oa (xxxii) ds rgr xEHkhj nqjkpj.k dh ifjHkk"kk eas vkrk gS vkSj bl ckcr vkjksi i= iznku fd;k x;k A

bl lEcU/k esa izkFkhZ dh vkSj ls izn'kZ&4 viuk tokc izLrqr fd;kA rRi'pkr~ bl ekeys esa izkFkhZ ds fo:) yxs

vkjksi ds lEcU/k esa tkap dk;Zokgh izkjEHk dh xbZ rFkk ckn tkap izn'kZ&5 tkap fjiksVZ tkap vf/kdkjh }kjk fnukad 23-09-2007

dks rS;kj dh xbZ] ftlesa izkFkhZ ds fo:) tkap esa yxk;s x;s vkjksi dks izekf.kr ekus x;s vkSj ml lanHkZ esa izkFkh dks lquokbZ

dk volj Hkh foi{kh }kjk fn;k x;k vkSj tkap esa nks"kh ik;k tkus ij vkns'k fnukad 10@11 vDVwEcj] 2007 dks n.Mkns'k

ikfjr dj mls inkour ds n.M ls nf.Mr fd;k x;k A

bl ekeys esa foi{kh dh vksj ls ?kjsyq tkap ExM-12 izLrqr gqbZ gS] ftlds lEcU/k esa izkFkhZ dh vkSj ls izFke vk{ksi

;g izdV fd;k x;k fd ?kjsyq tkap esa mls lquokbZ dk i;kZIr volj ugha feyk rFkk uSlfxZd U;k; ds fl)kUrksa dh vogsyuk

gksuk crk;k x;kA bl ckcr izkFkhZ dh vkSj ls ;g Hkh izdV fd;k x;k fd ?kjsyq tkap esa foi{kh dks 7 ekg dk volj fn;k

x;k] tcfd izkFkhZ dks vR;f/kd vYi vof/k lk{; gsrq iznku dh xbZ A

bl lEcU/k esa tks lk{; izLrqr gqbZ gS mlesa A.W-1 j?kqukFkflag us U;k;ky; esa nh xbZ viuh lk{; esa ftjg esa ;g

Lohdkj fd;k gS fd ;g lgh gS fd ?kjsyq tkap esa mls lk{; is'k djus ds fy;s nks volj iznku fd;s Fks] ftlesa mlus viuh

lk{; is'k dj nh Fkh A vr% izkFkhZ dh lk{; ls ;g iw.kZr% lkfcr gksrk gS fd mldh vkSj ls ?kjsyq tkap esa cpko esa viuh

leLr lk{; izLrqr dj nh Fkh A izkFkhZ dh vkSj ls dksbZ lk{; izLrqr djus ls mls oafpr fd;k x;k gks] ;g rF; izkFkhZ dh vkSj

ls izdV ugha fd;k x;k gS A vr% bl ekeys esa lk{; ls ;g iw.kZr% lkfcr gksrk gS fd ?kjsyq tkap esa izkFkhZ dks lquokbZ dk

i;kZIr volj iznku fd;k x;k FkkA

izkFkhZ ds fo:) ?kjsyq tkap esa mlds fo:) tks vkjksi izn'kZ&3 ds rgr yxk;s x;s Fks tks vkjksi fuEu izdkj ls gSa –

(1)

21(a) (ii) –

laLFkku ds O;olk; ,oa lEifr dh pksjh ;k /kks[kk/kMh ;k mlds lEcU/k esa dksbs csbZekuh djukA

(2)

21 (a )(viii) –

dEiuh ds fcuk iwoZ Lohd`fr ds laLFkku dh ifjlhekvksa esa dksbZ O;kikj vFkok O;olk; djuk] ftlesa dkexkjska dks nh

gqbZ osru ifpZ;k dks bdV~Bk djuk vFkok fVfdVksa dks cspuk vFkok muds fy;s izpkj djuk] fdlh oLrq ds dwiu

vFkok nwljs Vksdu cspuk vFkok [kjhnus ,oa cspus gsrq izpkj djuk A

(3)

21 (a) (xii) –

laLFkku dh lEifr dks tku cq> dj {kfrxzLr djuk vFkok {kfrxzLr djus dk iz;Ur djuk vFkok laLFkku dh vU;

lEifr vFkok laLFkku ds xzkgdksa dh lEifr dks {kfrxzLr djuk vFkok {kfrxzLr djus dk iz;kl djuk A

(4)

21 (a) (xxii) –

dksbZ ,slk dk;Z djuk tks fd dEiuh ds fgrks ds foijhr gks vFkok ?kksj ykijokgh] ftlds dkj.k dEiuh dks xEHkhj

{kfr igwaps vFkok igwapus dh laHkkouk gks A

(5)

21 (a) (xxiv) –

Hkkjrh; [knku vf/kfu;e vFkok vU; fdlh vf/kfu;e vFkok vU; fu;eksa vFkok muds vUrxZr cus gq, mi&fu;eksa

vFkok bu LFkk;h vkns'kks dk tku cq> dj mYy?kau djuk A

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2167

mDr vkjksiksa ds lEcU/k esa ?kjsyq tkap esa tks xokg izLrqr gq, gS mlesa fdlh Hkh xokg us viuh ekSf[kd lk{; esa mu

vkjksiks dh iwf"V ugha dh gS] bl lEcU/k esa ?kjsyq tkap izn'kZ&12 ds nkSjku tkap vf/kdkjh us nLrkostks dks ftuds vk/kkj ij

viuh tkap esa fu"d"kZ fudkyk gS] fdlh Hkh nLrkost dks lk{; esa Vs.Mj ugha fd;k] u gh iznf'kZr djk;k x;k A fdlh Hkh xokg

us ekSf[kd lk{; esa mu nLrkostks dks iznf'kZr ugha fd;k vkSj uk gh Vs.Mj fd;k A blds vykok U;k;ky; esa lk{; ds nkSjku

foi{kh dh vkSj ls viuh ?kjsyq tkap esa ,sls fdlh Hkh xokg dks izLrqr ugh fd;k tks vkjksfir vkjksi ds lEcU/k esa nLrkostks dks

U;k;ky; esa iznf'kZr djs] bl lEcU/k esa foi{kh dh vkSj ls tks ekSf[kd lk{; izLrqr gqbZ] mlesa foi{kh dh vkSj ls N.A.W-2

psukfyV ckyu jktu us U;k;ky; esa nh xbZ viuh lk{; esa ftjg es ;g Lohdkj fd;k gS fd eSustesUV dh vkSj ls tkap esa

nLrkostks dks iznf'kZr ugh djk;k A vkxs viuh ftjg esa ;g Hkh Lohdkj fd;k fd izkFkhZ ds fo:) fdlh Hkh xokg us ekSf[kd

lk{; esa Hkz"Vkpkj ckcr ugha crk;k A nLrkostks ls izkFkhZ ds fo:) tkap esa Hkz"Vkpkj lkfcr gqvk Fkk A

tcfd blds foijhr foi{kh dh vkSj ls N.A.W1 MkW- lqfuy flag nfg;k is'k gq, gS tks ?kjsyq tkap esa izkFkhZ ds

fo:) eSustesUV izfrfuf/k Fkk] mlus viuh ftjg esa ;g Lohdkj fd;k gS fd tkap i'pkr~ geus izkFkhZ ds fo:) Hkz"Vkpkj dk

vkjksi lkfcr ugha ik;k A vkjksi i= izn'kZ&3 esa izkFkhZ ds fo:) yxk;s x;s vkjksi tkap dk;Zokgh esa izkFkhZ ds fo:) okf.kT;d

xfrfof/k;ksa esa lfEefyr jgus ckcr dksbZ ekSf[kd lk{; is'k ugha gqbZ gS A nLrkosth lk{; eas tks nLrkost is'k gq, gS] mudks

lkfcr djus ds fy;s dksbZ xokg tkap esa is'k ugha gqvk A bl xokg us viuh ftjg esa ;g Hkh izdV fd;k fd ;g lgh gS fd

dj.khyky 'kekZ ftlus f'kdk;r dh Fkh] mls tkap esa lk{; gsrq cqyk;k x;k Fkk] ysfdu og mifLFkr ugha gqvk A bl izdkj

tkap dk;Zokgh esa nLrkostks dh mi/kkj.kk ds vk/kkj ij izkFkhZ ij yxs mDr vkjksi ds lEcU/k esa mls nks"kh ?kksf"kr fd;k x;k Fkk]

;g rF; foi{kh dh lk{; ls izdV gksrk gS A

izkFkhZ ds fo:) mDr vkjksiks ds lEcU/k esa U;k;ky; esa tks lk{; izLrqr gqbZ gS mlesa izkFkhZ o foi{kh dh vkSj ls

ekSf[kd ,oa nLrkosth lk{; izLrqr gqbZ] ftlesa izkFkhZ ds fo:) eq[; :i ls ;g vkjksi gS fd izkFkhZ us foi{kh laLFkku esa fu;fer

deZpkjh ds :i esa fu;qfDr ds nkSjku foi{kh laLFkku dh vuqefr ds fcuk LFkk;h vkns'k ds foijhr lgdkjh lfefr dk ykHk

izkIr djus ds mn~s'; ls xBu fd;k rFkk ykHk izkIr fd;k] mldk iath;u djk;k rFkk iath;u djkrs le; iath;d dks csbZekuh

iwoZd xyr lwpuk nh rFkk Lo;a dks foi{kh laLFkku esa ukSdjh djus ds rF; dks Nqik;k rFkk lkFk gh foi{kh laLFkku ds ifjlj

dk foi{kh dh vuqefr ds ifjlj dk mi;ksx dj foi{kh ds O;olk; o [;kfr dks {kfr igqapkbZ A

mijksDr vkjksi i= esa i`Fkd&i`Fkd vkjksi ls tkap dk;Zokgh esa vkjksfir dj tkap vf/kdkjh us lHkh vkjksi dks lkfcr

ekuk Fkk] tks mijksDr fo'ys"k.k ls ;g izdV gksrk gS fd mDr vkjksiks ds lEcU/k esa u rks fdlh Hkh xokg us ekSf[kd lk{; esa

crk;k rFkk tks nLrkosth lk{; izLrqr gqbZ gS] og fof/k vuqlkj lkfcr ugha gq,] mDr vkjksiks ds lEcU/k esa U;k;ky; esa tks

nksuksa i{kksa dh vkSj ls lk{; izLrqr gqbZ] mlesa izkFkhZ }kjk lgdkjh lfefr ds xBu ds fy;s lfefr ds iath;u gsrq izLrqr vkosnu

i= izn'kZ&11 gS] ftlds lkFk lgdkjh lfefr ds lnL;ksa dh lwfp gS] tks izn'kZ&12 gS] mlesa Øe la[;k 3 ij izkFkhZ ds uke dk

mYys[k gS] blesa bl rF; dk o.kZu Hkh gS fd izkFkhZ ukSdjh djrk gsS A lfefr ds xBu dk mn~s'; o mlds lafo/kku ds ckcr

fu;e izn'kZ&13 gS] ftlesa lfefr ds dk;Z {kS= dk o.kZu gS vkSj bl rF; dk mYys[k gS fd lgdkjh lfefr dk mns'; lnL;ksa

ds fy;s Bsdk ysdj ykHk nk;d m|e izkIr djuk gS A bl mn~s'; ls lgdkjh lfefr ds lnL;ksa ds ykHk ds mn~s'; ls xBu

fd;k tkuk izdV gksrk gS A

izn'kZ&11] 12 o 13 ds voyksdu ls ;g izdV gksrk gS fd lfefr ds iath;u gsrq tks vkosnu i= iath;d ds ;gka

izLrqr fd;k x;k Fkk] mlesa lnL;ksa ds uke] irk o O;olk; vkfn dk o.kZu gS] fdlh rF; dks Nqik;k ugha x;k gS] blds

vk/kkj ij iath;d dh vkSj ls iath;u izek.k i= ExM-11 tkjh fd;k x;k] ftlls fnukad 24-03-2004 dks lfefr dk iath;u

fd;k tkuk izdV gksrk gS A bl lEcU/k esa izkFkhZ ds fo:) LFkk;h vkns'k 21 (a) (xxiv) ds lEcU/k esa tks vkjksi yxk;s x;s]

ftUgS lkfcr gksuk foi{kh us ekuk gS] bl ckcr ;g mYys[k gS fd izkFkhZ us lfefr ds xBu ds le; mi jftLVªkj lgdkjh

lfefr;ka mn;iqj dks va/ksjs esa j[k dj ;g tkudkjh miyC/k ugha djk;h fd izLrkfor lfefr ds lnL; ,oa inkf/kdkjh foi{kh

dEiuh ds deZpkjh gS ;k ugha \ tcfd bl lEcU/k esa izkFkhZ dh vkSj ls izLrqr izn'kZ&11] 12 o izn'kZ&13 ls ;g iw.kZr% lkfcr

gksrk gS fd izkFkhZ dh vkSj ls lgdkjh lfefr ds xBu ds lEcU/k esa mi jftLVªkj dks tks vkosnu i= izLrqr fd;k Fkk] mlesa

fof/k vuqlkj lnL;ksa ds uke] iRrs] O;olk; vkfn dh tkudkjh nh Fkh A bl ckcr jftLVªkj dks dksbZ Li"Vhdj.k pkfg;s Fkk rks

og lnL;ksa ls izkIr dj ldrk Fkk A mijksDr nLrkostks ls ;g rF; Hkh lkfcr gksrk gS fd foi{kh laLFkku esa dk;Zjr O;fDr gh

mDr lfefr ds lnL; gks ldrs Fks rFkk lk{; ls ;g lkfcr ugha gqvk gS fd lfefr ds iath;u ds le; mi jftLVªkj dks

izkFkhZ }kjk va/ksjs esa j[k dj iath;u djk;k x;k A

bl izdj.k esa izLrqr lk{; ls ;g Lohd`r rF; lkeus vk;k gS fd izkFkhZ us foi{kh laLFkku esa Bsdk etnwjksa ds lkFk

feydj lgdkjh lfefr dk xBu fd;k Fkk vkSj mldk iath;u fnukad 24-03-2004 dks djk;k A iath;u djkus ls iwoZ tks

iath;u djkus dh izfØ;k gqbZ rFkk tks vkosnu i= izLrqr fd;k x;k Fkk] ds lEcU/k esa dksbZ Hkh iwoZ vuqefr lgdkjh lfefr ds

xBu ds fy;s izkFkhZ dh vksj ls foi{kh ls ugha yh xbZ Fkh A bl lEcU/k esa izkFkhZ dh vksj ls ;g izdV fd;k x;k gS fd fnukad

24-03-2004 dks foi{kh dEiuh ds inkf/kdkjh ds le{k izkFkhZ dh vkSj ls izn'kZ&14 vkosnu i= izLrqr fd;k Fkk] ftlls foi{kh

dEiuh dh tkudkjh esa ;g rF; vk x;k Fkk fd izkFkhZ tks ^^Jh >kes'oj Jfed Bsdk lgdkjh lfefr** dk lfpo gS A mDr

lfefr ds xBu gsrq iathdj.k dh dk;Zokgh yfEcr gS] mDr i= fnukad 24-03-2004 esa foi{kh dh tkudkjh esa vkuk izn'kZ&14

ls lkfcr gS rFkk ExM-11 iath;u izek.k i= ls ;g lkfcr gksrk gS fd fnukad 24-03-2004 dks lgdkjh lfefr dk xBu

gqvk] bl izdkj mDr lfefr ds xBu ls iwoZ dksbZ vuqefr izkFkhZ }kjk foi{kh ls fy;k tkuk lkfcr ugha gksrk gS] ysfdu xBu ds

fnu] mDr lfefr ds xBu gksus dh tkudkjh foi{kh dsk gksuk izn'kZ&14 ls lkfcr gS A foi{kh dh vkSj ls izn'kZ&15 i= izkFkhZ

dks lgdkjh lfefr ds xBu ckcr tkjh dj Li"Vhdj.k pkgs x;s] ftl lEcU/k esa izkFkhZ dh vkSj ls tckc izn'kZ&16 izLrqr

fd;k x;k gS A bu leLr i=ks ds voyksdu ls ;g iw.kZ :is.k lkfcr gksrk gS fd foi{kh dks lgdkjh lfefr ds xBu rFkk

2168 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

izkFkhZ ds lfpo gksus dh iw.kZ tkudkjh Fkh] blds i'pkr~ Hkh foi{kh dh vkSj ls izkFkhZ dks mDr d`R; ls ugha jksdk x;k] ftlls

izkFkhZ dh vkSj ls lfefr esa cus jgus ds lEcU/k esa foi{kh dh ekSu Lohd`fr gksuk lk{; ls lkfcr gSA

foi{kh dEiuh ds LFkk;h vkns'k ds foijhr izkFkhZ us lfefr ds ek/;e ls O;olk; dj ykHk vftZr fd;k] bl lEcU/k

esa u rks tkap dk;Zokgh ds le; vkSj u gh U;k;ky; esa gqbZ dk;Zokgh ds nkSjku dskbZ lk{; foi{kh dh vkSj ls izLrqr gqbZ A vr%

lk{; ds vHkko esa mDr vkjksi ds lEcU/k esa ;g rF; lkfcr ugha gksrk gS fd izkFkhZ us lgdkjh lfefr ds ek/;e ls O;olk;

dj ykHk vftZr fd;k gks A

blds vykok izkFkhZ ds fo:) ;g Hkh vkjksi gS fd mDr lgdkjh lfefr dk dk;kZy; dEiuh ds ifjlj esa ;wfu;u

dks iznku fd;s x;s ifjlj dks crk dj cxSj foi{kh dh vuqefr ds foi{kh ds ;wfu;u ds vkfQl ds :i esa mi;ksx dj LFkk;h

vkns'k dk mYya?ku fd;k x;k A bl lEcU/k esa izkFkhZ dh vkSj ls izn'kZ&11 lgdkjh lfefr ds iath;u ds fy;s izsf"kr vkosnu

i= esa lgdkjh lfefr dk tks irk of.kZr fd;k gS] og foi{kh dEiuh dk ifjlj gksuk lkfcr gS] ;g rF; bl izdj.k esa izdV

gskrk gS fd mDr lgdkjh lfefr dk tks irk iath;u ds le; izLrqr fd;k Fkk] mlesa foi{kh dh vuqefr ds cxSj foi{kh

laLFkku ds ifjlj esa fLFkr ;wfu;u ds vkWfQl dks n'kkZ;k x;k gS] ysfdu bl vkjksi ds lEcU/k esa ?kjsyq tkap eas o U;k;ky; esa

,slh dksbZ lk{; foi{kh dh vksj ls izLrqr ugha gqbZ] ftlls ;g lkfcr gks fd mDr ifjlj dk mi;ksx lfefr ds lapkyu gsrq

izkFkhZ us fd;k gks] fdlh Hkh xokg us viuh ekSf[kd lk{; esa mDr lfefr dk foi{kh dEiuh ds ifjlj esa O;olk; gsrq lapkyu

fd;s tkus ckcr ugha crk;k gS] u gh U;k;ky; esa lk{; ds nkSjku foi{kh dh vkSj ls ,slh dksbZ lk{; izLrqr dh xbZ A

vr% nksuksa i{kksa dh vkSj ls izLrqr lk{; ls bl ekeys esa izkFkhZ ds fo:) yxk;s x;s vkjksi ds lEcU/k esa ek= izkFkhZ us

foi{kh laLFkku dh iwoZ vuqefr fy;s cxSj mDr lfefr dk xBu fd;k] ysfdu xBu ds fnu gh foi{kh dh tkudkjh esa izkFkhZ dh

vkSj ls lfefr ds xBu ds lEcU/k esa lwpuk ns nh Fkh] mlds i'pkr~ Hkh foi{kh dh vkSj ls lfefr ds xBu ds ckcr dksbZ

,srjkt ugha fd;k x;k] ftlls foi{kh dEiuh dh lfefr ds xBu ckcr ekSu Lohd`fr gksuk lkfcr gS rFkk mlds 2 o"kZ i'pkr~

bu vkjksi ds ckcr izkFkhZ ds fo:) LFkk;h vkns'kks ds mYy?kau ckcr vkjksi i= fn;k x;k gS A lgdkjh lfefr ds xBu dj

izkFkhZ us O;olk; dj dksbZ ykHk vftZr fd;k gks] bl ckcr u rks tkap ds nkSjku] u gh U;k;ky; esa lk{; ds nkSjku ,slh dksbZ

lk{; izLrqr gqbZ] ftlls ;g lkfcr gksrk fd izkFkhZ us lgdkjh lfefr ds ek/;e ls O;olk; dj ykHk vftZr fd;k gks A blds

vykok foi{kh ds ifjlj esa lgdkjh lfefr ds }kjk O;olk; dk lapkyu fd;k gks] ;g rF; Hkh lk{; ds vHkko esa lkfcr ugh

gksrk gS A

blds vykok bl izdj.k esa izkFkhZ dh vksj ls dEiuh dh [;kfr esa {kfr igwapkus ckcr vkjksi Hkh lkfcr ekuk x;k gS]

ysfdu bl vkjksi ds lEcU/k esa u rks tkap ds le; vkSj u gh U;k;ky; esa lk{; ds nkSjku dskbZ lk{; izLrqr gqbZ] ftlls ;g

lkfcr gksrk gks fd dEiuh dh [;kfr dks mDr lfefr dk xBu dj izkFkhZ us {kfr igqapkbZ A

QyLo:i mijksDr fo'ys"k.k ls foi{kh dEiuh }kjk izkFkhZs ds fo:) tkjh vkjksi i= izn'kZ&3 esa yxk;s x;s vkjksi

lkfcr ugh gksrs gS] rFkk mDr vkjksiks ds vk/kkj ij foi{kh }kjk tkjh n.Mkns'k fnukad 10@11 vDVwEcj] 2007 izn'kZ&8 ikfjr

fd;k x;k og mfpr ,oa oS/k ugha gS A

foi{kh }kjk tkjh vkns'k izn'kZ&8 voS/k gS] blfy;s izkFkhZ mDr frfFk ls mldks feyus okys lHkh ykHk izkIr djus dk

vf/kdkjh gksxk A

vr% Hkkjr ljdkj }kjk izsf"kr izlax fnukad 28@05@2009 dks mRrfjr djrs gqos iapkV bl izdkj ikfjr fd;k tkrk

gS fd&

^^foi{kh tujy eSustj] jktLFkku LVsV ekbZUl ,.M feujYl fy0 >kejdksVMk }kjk izkFkhZ j?kqukFkflag firk

xkso/kZuflag lk[kyk fluh;j vflLVsUV xzsM&1 odZesu uEcj 16266 dks 7400&11600 ls 6700&10660 esa inkour (Demote)

djus dk tks vkns'k izn'kZ&8 fnukad 10@11 vDVwEcj] 2007 fd;k x;k og vuqfpr ,oa voS/k gS A

blfy;s mDr inkoufr vkns'k tkjh gksus ls iwoZ izkFkhZ ftl osru J`a[kyk esa osru izkIr dj jgk Fkk] mlh osru J`a[kyk

esa osru izkIr djus dk vf/kdkjh gS rFkk ml vuq:i tks Hkh ifjykHk gksrs gS] os lHkh ifjykHk izkIr djus dk vf/kdkjh gS] mu

lHkh dh x.kuk djds vUrj jkf'k dk foi{kh iapkV izdk'ku ls 90 fnu dh vof/k esa izkFkhZ dks Hkqxrku djs] vU;Fkk mDr vof/k

ds i'pkr~ mDr cdk;k jkf'k ij 7 izfr'kr okf"kZd nj ls C;kt ns; gksxk A

iapkV izdk’kukFkZ Hkkjr ljdkj dks Hkstk tkosa A

v:.k dqekj nwcs] ihBklhu vf/kdkjh

नई दिल्ली, 11 अगस् त, 2020

का.आ. 692.—औद्योतगक तववाि अतधतनयम 1947 (1947 का 14) की धारा 17 के अनुसरण में केन्द्रीय

सरकार मैससग पीयूष इंजीतनयररंग एवं अन्य के प्रबंधतंत्र के संबद्ध तनयोजकों और उनके कमगकारों के बीच अनुबंध में

तनर्िगष्ट औद्योतगक तववाि में केन्द्रीय सरकार औद्योतगक अतधकरण एवं श्रम न्यायालय, भुवनेश् वर के पंचाट

(संिभग संयया 76/2016) को प्रकातशत करती है जो केन्द्रीय सरकार को 05.08.2020 को प्राप्त हुआ था।

[सं. जेड-16025/4/2020-आईआर(एम)]

ए. के. ‎हसंह, अवर सतचव

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2169

New Delhi, the 11th August, 2020

S. O. 692.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 76/2016) of the Central Government Industrial

Tribunal/Labour Court, Bhubaneswar now as shown in the Annexure in the Industrial Dispute between the

employers in relation to the management of M/s. Piyush Engineering and other, and their workman, which was

received by the Central Government on 05.08.2020.

[No. Z-16025/4/2020-IR(M)]

A. K. SINGH, Under Secy.

ANNEXURE

IN THE COURT OF THE PRESIDING OFFICER, C.G.I.T-CUM-LABOUR COURT,

BHUBANESWAR

INDUSTRIAL DISPUTE CASE NO. 76 OF 2016

Dated Bhubaneswar, the 28^th August, 2019

Present:

Shri B.C. Rath

Presiding Officer,

C.G.I.T.-cum-Labour Court,

Bhubaneswar.

Between:

M/s. Piyush Engineering (Contrator),

C/oM/s. Runguta Mines Limited,

Jajang Iron & Mn. Mines, At/P.O. Jajang,

Via – Joda, P.S. Bamebari,

Dist. Keonjhar, Odisha.

M/s. Runguta Mines Limited,

Jajang Iron & Mn. Mines, At/P.O. Jajang,

Via: Joda, P.s: Bamebari,

District - Keonjhar, Odisha.

…First Party managements

AND

Sri Fakir Mohan Majhi,

Jagannathpur, P.O: Belda, Via: Joda,

P.S: Bamebari, Dist: Keonjhar, Odisha

…Second Party workman

Appearances:

Shri J.P. Chourasia

: For first party management No. 1

Shri B.R. Das

: For first party management No. 2

NONE

: For second party workman

ORDER

Authorised representatives of the managements are present. None appears on behalf of the second party

workman on repeated calls. It is submitted by the learned counsel for the management that the applicant

workman is not taking any step since long and as such, the case shall be dismissed for default of the applicant

workman. Perused the case record. It is found that the applicant workman is not taking steps for last eight

adjournments inspite of specific direction for his personal attendance. After filing of statement of claim, he

seems to be absent in all dates of adjournments. No award can be passed without evidence of the applicant

workman and as such, I am constrained to dismiss the case instituted directly resorting to the provisions of

Section 2-A (2) of the Industrial Disputes Act.

Dictated & corrected by me.

B. C. RATH, Presiding Officer

2170 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

नई दिल्ली, 11 अगस् त, 2020

का.आ.693.—औद्योतगक तववाि अतधतनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में केन्द्रीय

सरकार मैससग इंद्राणी पटनायक आयरन एंड मैंगनीज माइंस एवं अन्य के प्रबंधतंत्र के संबद्ध तनयोजकों और उनके

कमगकारों के बीच अनुबंध में तनर्िगष्ट औद्योतगक तववाि में केन्द्रीय सरकार औद्योतगक अतधकरण एवं श्रम न्यायालय,

भुवनेश् वर के पंचाट (संिभग संयया 33/2017) को प्रकातशत करती है जो केन्द्रीय सरकार को 05.08.2020 को प्राप्त

हुआ था।

[सं. जेड-16025/4/2020-आईआर(एम)]

ए. के. ‎हसंह, अवर सतचव

New Delhi, the 11th August, 2020

S. O. 693.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 33/2017) of the Central Government Industrial

Tribunal/Labour Court, Bhubaneswar now as shown in the Annexure in the Industrial Dispute between the

employers in relation to the management of M/s. Indrani Pattanaik Iron & Manganese Mines and other, and their

workman, which was received by the Central Government on 05.08.2020.

[No. Z-16025/4/2020-IR(M)]

A. K. SINGH, Under Secy.

ANNEXURE

IN THE COURT OF THE PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL

TRIBUNAL-CUM-LABOUR COURT, BHUBANESWAR

I.D. Case No.33 of 2017

The Managing Director,

M/s. Indrani Pattanaik Iron & Manganese Mines,

At- Unchabali, PO – Bamebari,

Dist: Keonjhar, Odisha, Pin – 758086

…1^st Party Management

The Manager,

M/s. Triveni Earthmovers Pvt. Ltd.

At- Unchabali, PO – Bamebari,

Dist: Keonjhar, Odisha, Pin – 758086

…Contractor

-Versus-

Sri Batua Munda

At – Tadapani (B Plot), P.S. – Bamebari,

Via- Balada, Dist: Keonjhar, Odisha.

…2^nd Party Workman

I.D. Case No.33 of 2017

16) 24-06-2019

The applicant workman Batua Munda is present so also the authorized

representative of the 1^st Party Management. A petition for with drawal of the case along

with a memorandum of settlement singed by the applicant and the 1^st Party Management is

filed wherein and whereby it has been mentioned that the parties have arrived at a

settlement by which the 2^nd Party workman has received a demand draft of Rs. 1,50,000/-

on 21-06-2019 for a settlement with the Management that he would not prosecute the

proceeding and with draw the dispute in the event of the settlement. He will not claim any

back wages, compensation terminal benefits, service benefits in any nature and he would

file application for with drawal of the case. On being asked the applicant volunteered that

the petition for with drawal of the case along with the settlement is filed on his own

volition. He was aware of the contents of the petition and settlement since it was read over

the explained to him. He was signed the petition and the settlement understanding the

contents and knowing the consequence of the case. Be that as it may, the claim statement

filed in shape of an application under sub section 2 and 3 of Section -2(A) of the I.D. Act

stand withdrawn with an award as per term and condition of the settlement filed by the

parties. The settlement becomes a part of the award.

The award be notified as per the provisions of law.

Dictated & corrected by me.

B. C. RATH, Presiding Officer

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2171

नई दिल्ली, 11 अगस् त, 2020

का.आ. 694.—औद्योतगक तववाि अतधतनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में केन्द्रीय

सरकार मैससग एस.डी. शमाग नौगांव आयरन माइंस के प्रबंधतंत्र के संबद्ध तनयोजकों और उनके कमगकारों के बीच

अनुबंध में तनर्िगष्ट औद्योतगक तववाि में केन्द्रीय सरकार औद्योतगक अतधकरण एवं श्रम न्यायालय, भुवनेश् वर के पंचाट

(संिभग संयया 32/2004) को प्रकातशत करती है जो केन्द्रीय सरकार को 05.08.2020 को प्राप्त हुआ था।

[सं. एल-26011/3/2004-आईआर(एम)]

ए. के. ‎हसंह, अवर सतचव

New Delhi, the 11th August, 2020

S. O. 694.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 32/2004) of the Central Government Industrial

Tribunal/Labour Court, Bhubaneswar now as shown in the Annexure in the Industrial Dispute between the

employers in relation to the management of M/s. S.D. Sharma Naogaon Iron Mines, and their workman, which

was received by the Central Government on 05.08.2020.

[No. L-26011/3/2004-IR(M)]

A. K. SINGH, Under Secy.

ANNEXURE

I.D Case No. 32 of 2004

Shri S.D. Sharma,

Proprietor M/s. S.D.Sharma Naogaon Iron Mines,

At/P.O. Barbil,Dist-Keonjhar(Orissa)

…1^st Party Management

-Versus-

The General Secretary,North Orissa Workers Union,

At/P/O.Barbil, Dist. Keonjhar (Orissa).

…2^nd Party Union

67) 13.08.2019

Authorised Representatives of the parties are present. Authorised Representative of

the 2^nd Party Union submits that the disputant workmen are unable to attend the Tribunal

at Bhubaneswar due to their financial hardship. Unless the case is heard either in Camp

Court at Keonjhar or at Rourkela they are not in a position to attend and adduce their

evidence. On perusal of the order sheets it is found that on the submission of the 2^nd Party

the case was posted earlier at Rourkela camp on different occasions. But, the 2^nd Party

took adjournments on those occasions. The record further reveals that this is a reference

case of the year 2004 and after filing of statements by the parties and settlement of

issues the case is protracting for last 10 years to take evidence of the disputant

workmen. The parties to the case are found to have been playing hide and sick on the

day of hearing either by remaining absent k or taking adjournments for some plea. The

case has already suffered more than 70 adjournments after its institution and the 2^nd

Party is yet to adduce evidence despite the case was fixed for hearing in camp court at

Keonjhar as well as at Rourkela . In the above back drops it cannot be ruled out that the

2^nd Party Workmen might have lost their interest to prosecute their dispute.

The Workmen seems to have challenged their dismissal on a contention that the

same was illegal due to non-compliance of the requirement of Sec.25-f of the I.D.

Act.

Such a dispute cannot be adjudicated and award cannot be passed as defined

U/s.2-(b) of t he Act in absence of any evidence from the side of the workmen.

It is pertinent to mention here that until adjudication of the dispute referred to by

the authority concerned, an award cannot be made within the meaning of the

award as defined under section 2(b) of the Act. There is also no provision in the

Act to pass a no-dispute award or a nil award in case the disputant fails to make

appearance and prosecute its claim. In that view of the matter passing of a no-

dispute award or nil award for absence of the disputant/parties would be a

2172 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

misconception and the above position has been settled by the Hon’ble High Court

of Orissa in the case between M/s.IDL Chemicals Limited –Versus- P.O, Labour

Court, Sambalpur reported in 72(1991)CLT 73 and in the decision of the Callcutta

High Court in the case of B.R.Bermen and Mohatta (India)Pvt. Ltd., -Versus-

Seventh Industrial Tribunal,West Bengal and others (short noted in 1977 Lab. I.C

(NOC)13 (CAL). It has been also held by the Hon’ble Courts that so long as the

dispute remains unsettled and the proceeding came to an end without adjudication

of the dispute between the parties, there is no bar under the Act whereby the

Government is precluded from referring the dispute over again so that there may

be an industrial adjudication as contemplated by the Act.

Having regard to the above facts and circumstances as well as settled principles

I am constrained to dismiss the case registered on the reference of the dispute

without any award and accordingly the reference is disposed of. A copy of this

order be sent to the Government of India, Ministry of Labour for necessary action

at their end.

Dictated and corrected by me.

B. C. RATH, Presiding Officer

नई दिल्ली, 11 अगस् त, 2020

का.आ. 695.—औद्योतगक तववाि अतधतनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में केन्द्रीय

सरकार मैससग अग्रवाल ब्रिसग के प्रबंधतंत्र के संबद्ध तनयोजकों और उनके कमगकारों के बीच अनुबंध में तनर्िगष्ट

औद्योतगक तववाि में केन्द्रीय सरकार औद्योतगक अतधकरण एवं श्रम न्यायालय, भुवनेश् वर के पंचाट

(संिभग संयया 15/2001) को प्रकातशत करती है जो केन्द्रीय सरकार को 05.08.2020 को प्राप्त हुआ था।

[सं. एल-29011/35/1995-आईआर(एम)]

ए. के. ‎हसंह, अवर सतचव

New Delhi, the 11th August, 2020

S. O. 695.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 15/2001) of the Central Government Industrial

Tribunal/Labour Court, Bhubaneswar now as shown in the Annexure in the Industrial Dispute between the

employers in relation to the management of M/s. Agarwal Brothers, and their workman, which was received by

the Central Government on 05.08.2020.

[No. L-29011/35/1995-IR(M)]

A. K. SINGH, Under Secy.

ANNEXURE

CENTRAL GOVT. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, BHUBANESWAR

Industrial Dispute Case No. 15 of 2001

Beteen:

M/s. Agarwal Brothers,

At- Dhanigadia,

P.O. & District-Bhadrak-756100

…1^st Party- Management

-Versus-

The General Secretary,

Chrome Zone Employees Union,

At/P.O. Saso,District-Keonjhar-756115

…2^nd.Party Workman/Union

141) 19.8.2019

None appears on repeated calls from either sides i.e for the 2^nd Party Union as well as for

the 1^st Party Management. Perusal of the record reveals that neither the 2^nd Party Union

nor the Management are taking any steps though the Reference No. L-29011/35/95-

IR(Misc.) relates to the year 1996. Initially the reference case was registered in the State

Industrial Tribunal, Bhubaneswar and in the event of functioning of this Tribunal i.e

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2173

CGIT, Bhubaneswar the case was received on transferred in this Tribunal. Further

hearing/proceeding of the Tribunal is stayed by the Hon’ble High Court in OJC.

No.10229/2000. In the mean while the said O.J.C is disposed of by the Hon’ble High

Court and the Tribunal is directed to dispose of the reference case as expeditiously as

possible. Thereafter, the 2^nd Party Union appeared before this Tribunal. But the

Management fails to appear inspite of service of notice through ALC, Bhubaneswar . In

the mean while the 2^nd Party Union also failed to take steps in the matter. The case cannot

be allowed to linger for an indefinite period, keeping in view the direction of the

Hon’ble High Court passed in the O.J.C. and the fact that the reference relates to the year

1996. The record further reveals that no evidence was adduced before issue of stay of the

Hon’ble High Court. Non-appearance of the 2^nd Party Union leads to an inference that it

might have lost its interest to prosecute the dispute arose in the year 1996. The dispute

relates to alleged illegal termination of services of 18 workmen. Such dispute cannot be

adjudicated without evidence from the side of the 2^nd Party Union. As such no award in

term as defined U/s.2-(b) of the Act can be passed.

It is pertinent to mention here that until adjudication of the dispute referred to by

the authority concerned, an award cannot be made within the meaning of the award as

defined under section 2(b) of the Act. There is also no provision in the Act to pass a no-

dispute award or a nil award in case the disputant fails to make appearance and

prosecute its claim. In that view of the matter passing of a no-dispute award or nil

award for absence of the disputant/parties would be a misconception and the above

position has been settled by the Hon’ble High Court of Orissa in the case between

M/s.IDL Chemicals Limited –Versus- P.O, Labour Court, Sambalpur reported in

72(1991)CLT 73 and in the decision of the Callcutta High Court in the case of

B.R.Bermen and Mohatta (India)Pvt. Ltd., -Versus- Seventh Industrial Tribunal,West

Bengal and others (short noted in 1977 Lab. I.C (NOC)13 (CAL). It has been also held by

the Hon’ble Courts that so long as the dispute remains unsettled and the proceeding

came to an end without adjudication of the dispute between the parties, there is no bar

under the Act whereby the Government is precluded from referring the dispute over

again so that there may be an industrial adjudication as contemplated by the Act.

Having regard to the above facts and circumstances as well as settled principles

I am constrained to dismiss the case registered on the reference of the dispute without

any award and accordingly the reference is disposed of. A copy of this order be sent to

the Government of India, Ministry of Labour for necessary action at their end.

Dictated and corrected by me.

B. C. RATH, Presiding Officer

नई दिल्ली, 11 अगस् त, 2020

का.आ. 696.—औद्योतगक तववाि अतधतनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में केन्द्रीय

सरकार मैससग आन् ध्र सीमेंट्स तलतमटेड एवं अन्य के प्रबंधतंत्र के संबद्ध तनयोजकों और उनके कमगकारों के बीच अनुबंध

में तनर्िगष्ट औद्योतगक तववाि में केन्द्रीय सरकार औद्योतगक अतधकरण एवं श्रम न्यायालय, हैिराबाि के पंचाट

(संिभग संयया 8/2017) को प्रकातशत करती है जो केन्द्रीय सरकार को 06.08.2020 को प्राप्त हुआ था।

[सं. एल-29012/32/2016-आईआर(एम)]

ए. के. ‎हसंह, अवर सतचव

New Delhi, the 11th August, 2020

S. O. 696.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 8/2017) of the Central Government Industrial

Tribunal/Labour Court, Hyderabad now as shown in the Annexure in the Industrial Dispute between the

employers in relation to the management of M/s. Andhra Cements Limited and other, and their workman, which

was received by the Central Government on 06.08.2020.

[No. L-29012/32/2016-IR(M)]

A. K. SINGH, Under Secy.

2174 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

Present: Sri Muralidhar Pradhan, Presiding Officer

Dated the 12^th day of March, 2020

INDUSTRIAL DISPUTE No. 8/2017

Between:

Sri Palla Demudu Babu,

S/o Yerrinaidu,

Gullepalli (V),

Sabbavaram (M),

Distt. Visakhapatnam (A.P.)-531035

…Petitioner

AND

The Senior Vice President & Plant Head,

Andhra Cements Limited, Jaypee Group,

Visakha Cement Works, Porlupalem (Village),

Post – Durganagar, Visakhapatnam (A.P.) – 530 029.

M/s. Aztech Services,

Manpower Contractors,

F-3, Sair Krishna Towers, Road No. 3,

Jagannadha Raju Nagar, Venkojipalem,

Visakhapatnam -530 022.

…Respondents

Appearances:

For the Petitioner :

M/s. P.V. Giridhar, B.S. Chalam & B. Ramu, Advocates

For the Respondent : M/s. Saibaba & Srinivas, Advocates

AWARD

The Government of India, Ministry of Labour by its order No. L-29012/32/2016-IR(M) dated

21.3.2017 referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 for adjudication to this

Tribunal between the management of Andhra Cements Limited, Visakhapatnam and their workman. The

reference is,

SCHEDULE

“Whether the action of the management of Andhra Cements Limited, Visakha Cement Limited,

Visakha Cement Works, Jaypee Group of Company in not considering Sri Palla Demudu Babu,

S/o Yerninaidu, workman in service in contravention of Section 25 F of the Industrial Disputes Act,

1947, of else in not paying legal benefits for the past service rendered to Andhra Cement Company is

legal and justified? If not, what relief the concerned workman is entitled to?”

The reference is numbered in this Tribunal as I.D. No. 8/2017 and notices were issued to the parties

concerned.

The case stands posted for filing of claim statement by the Petitioner.

Inspite of repeated calls, the Petitioner did not turn up. Several opportunities have been given to the

Petitioner Workman to attend the court to prosecute his case. But the Petitioner workman failed to attend this

Tribunal which clearly indicates that perhaps the dispute of the Petitioner workman has already been settled and

the Petitioner has no claim to raise against the Respondent. Hence, the case of the Petitioner workman is closed

and a ‘No dispute’ award is passed.

Award is passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri, Personal Assistant, corrected by me on this the 12^th day

of March, 2020.

MURALIDHAR PRADHAN, Presiding Officer

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2175

Appendix of evidence

Witnesses examined for the

Petitioner

Respondent

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

नई दिल्ली, 11 अगस् त, 2020

का.आ. 697.—औद्योतगक तववाि अतधतनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में केन्द्रीय

सरकार मैससग आन् ध्र सीमेंट्स तलतमटेड के प्रबंधतंत्र के संबद्ध तनयोजकों और उनके कमगकारों के बीच अनुबंध में तनर्िगष्ट

औद्योतगक तववाि में केन्द्रीय सरकार औद्योतगक अतधकरण एवं श्रम न्यायालय, हैिराबाि के पंचाट

(संिभग संयया 29/2016) को प्रकातशत करती है जो केन्द्रीय सरकार को 06.08.2020 को प्राप्त हुआ था।

[सं. एल-29012/18/2016-आईआर(एम)]

ए. के. ‎हसंह, अवर सतचव

New Delhi, the 11th August, 2020

S. O. 697.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 29/2016) of the Central Government Industrial

Tribunal/Labour Court, Hyderabad now as shown in the Annexure in the Industrial Dispute between the

employers in relation to the management of M/s. Andhra Cements Limited, and their workman, which was

received by the Central Government on 06.08.2020.

[No. L-29012/18/2016-IR(M)]

A. K. SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

Present: Sri Muralidhar Pradhan, Presiding Officer

Dated the 3^rd day of July , 2020

INDUSTRIAL DISPUTE No. 29/2016

Between:

Sri Karaka Eswara Rao,

S/o Sh. Ramulu,

Village-Moglipuram,

Sabbavaram (M),

Distt. Visakhapatnam (A.P.)

…Petitioner

AND

The Senior Vice President & Plant Head,

Andhra Cements Limited, Jaypee Group,

Visakha Cement Works, Porlupalem (Village),

Post – Durganagar, Visakhapatnam (A.P.) – 530 029

…Respondent

2176 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Appearances:

For the Petitioner :

M/s. P.V. Giridhar, P.V.P.A. Harakumar & P. Annapoorna, Advocates

For the Respondent :

M/s. Saibaba & Srinivas, Advocates

AWARD

The Government of India, Ministry of Labour by its order No. L-29012/ 18/2016-IR(M) dated

29.3.2016 referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 for adjudication to this

Tribunal between the management of Andhra Cements Limited and their workman. The reference is,

SCHEDULE

“Whether the action of the management of Andhra Cements Limited, Visakha Cement Works,

Visakhapatnam, Jaypee Group of Company in not considering Sri Karaka Eswara Rao, S/o Ramulu, in

services or else in not paying legal/ terminal benefits for the past services rendered to Andhra Cement

Company, Visakhapatnam is legal and justified? If not, to what relief the concerned workman is

entitled?”

The reference is numbered in this Tribunal as I.D. No. 29/2016 and notices were issued to the parties

concerned.

The case stands posted for filing of claim statement by the Petitioner.

Inspite of repeated calls, the Petitioner did not turn up. Several opportunities have been given to the

Petitioner Workman to attend the court to prosecute his case. But the Petitioner workman failed to attend this

Tribunal which clearly indicates that perhaps the dispute of the Petitioner workman has already been settled and

the Petitioner has no claim to raise against the Respondent. Hence, the case of the Petitioner workman is closed

and a ‘No dispute’ award is passed.

Award is passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri, Personal Assistant, corrected by me on this the 3^rd day

of March, 2020.

MURALIDHAR PRADHAN, Presiding Officer

Appendix of evidence

Witnesses examined for the

Petitioner

Respondent

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

नई दिल्ली, 11 अगस् त, 2020

का.आ. 698.—औद्योतगक तववाि अतधतनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में केन्द्रीय

(संिभग संयया 30/2016) को प्रकातशत करती है जो केन्द्रीय सरकार को 06.08.2020 को प्राप्त हुआ था।

[सं. एल-29012/19/2016-आईआर(एम)]

ए. के. ‎हसंह, अवर सतचव

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2177

New Delhi, the 11th August, 2020

S. O. 698.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 30/2016) of the Central Government Industrial

Tribunal/Labour Court, Hyderabad now as shown in the Annexure in the Industrial Dispute between the

employers in relation to the management of M/s. Andhra Cements Limited, and their workman, which was

received by the Central Government on 06.08.2020.

[No. L-29012/19/2016-IR(M)]

A. K. SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

Present: Sri Muralidhar Pradhan, Presiding Officer

Dated the 4^th day of March, 2020

INDUSTRIAL DISPUTE No. 30/2016

Between:

Sri Guri Satyanaryana,

S/o Sh. Ramu,

Village-Moglipuram,

Sabbavaram (M),

Distt. Visakhapatnam (A.P.)-531035.

…Petitioner

AND

The Senior Vice President & Plant Head,

Andhra Cements Limited, Jaypee Group,

Visakha Cement Works, Porlupalem (Village),

Post – Durganagar, Visakhapatnam (A.P.) – 530 029.

…Respondent

Appearances:

For the Petitioner :

M/s. P.V. Giridhar, P.V.P.A. Harakumar & P. Annapoorna, Advocates

For the Respondent :

M/s. Saibaba & Srinivas, Advocates

AWARD

The Government of India, Ministry of Labour by its order No. L-29012/ 19/2016-IR(M) dated

29.3.2016 referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 for adjudication to this

Tribunal between the management of Andhra Cements Limited and their workman. The reference is,

SCHEDULE

“Whether the action of the management of Andhra Cements Limited, Visakha Cement Works,

Visakhapatnam, Jaypee Group of Company in not considering Sri Guri Satyanarayana, S/o Ramu, in

services or else in not paying legal/ terminal benefits for the past services rendered to Andhra Cement

Company, Visakhapatnam is legal and justified? If not, to what relief the concerned workman is

entitled?”

The reference is numbered in this Tribunal as I.D. No. 30/2016 and notices were issued to the parties

concerned.

The case stands posted for filing of claim statement by the Petitioner.

Inspite of repeated calls, the Petitioner did not turn up. Several opportunities have been given to the

Petitioner Workman to attend the court to prosecute his case. But the Petitioner workman failed to attend this

Tribunal which clearly indicates that perhaps the dispute of the Petitioner workman has already been settled and

the Petitioner has no claim to raise against the Respondent. Hence, the case of the Petitioner workman is closed

and a ‘No dispute’ award is passed.

Award is passed accordingly. Transmit.

2178 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Typed to my dictation by Smt. P. Phani Gowri, Personal Assistant, corrected by me on this the 4^th day

of March, 2020.

MURALIDHAR PRADHAN, Presiding Officer

Appendix of evidence

Witnesses examined for the

Petitioner

Respondent

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

नई दिल्ली, 11 अगस् त, 2020

का.आ. 699.—औद्योतगक तववाि अतधतनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में केन्द्रीय

(संिभग संयया 31/2016) को प्रकातशत करती है जो केन्द्रीय सरकार को 06.08.2020 को प्राप्त हुआ था।

[सं. एल-29012/20/2016-आईआर(एम)]

ए. के. ‎हसंह, अवर सतचव

New Delhi, the 11th August, 2020

S. O. 699.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the award (Ref. No. 31/2016) of the Central Government Industrial

Tribunal/Labour Court, Hyderabad now as shown in the Annexure in the Industrial Dispute between the

employers in relation to the management of M/s. Andhra Cements Limited, and their workman, which was

received by the Central Government on 06.08.2020.

[No. L-29012/20/2016-IR(M)]

A. K. SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

Present: Sri Muralidhar Pradhan, Presiding Officer

Dated the 12^th day of March, 2020

INDUSTRIAL DISPUTE No. 31/2016

Between:

Sri Kolli Ramu Naidu,

S/o Sh. Yerri Naidu,

Village-Moglipuram,

Sabbavaram (M),

Distt. Visakhapatnam (A.P.)-531035.

…Petitioner

AND

The Senior Vice President & Plant Head,

Andhra Cements Limited, Jaypee Group,

Visakha Cement Works, Porlupalem (Village),

Post – Durganagar, Visakhapatnam (A.P.) – 530 029.

…Respondent

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2179

Appearances:

For the Petitioner :

M/s. P.V. Giridhar, P.V.P.A. Harakumar & P. Annapoorna, Advocates

For the Respondent : M/s. Saibaba & Srinivas, Advocates

AWARD

The Government of India, Ministry of Labour by its order No. L-29012/ 20/2016-IR(M) dated

29.3.2016 referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 for adjudication to this

Tribunal between the management of Andhra Cements Limited, Visakhapatnam and their workman. The

reference is,

SCHEDULE

“Whether the action of the management of Andhra Cements Limited, Visakha Cement Works, Jaypee

Group of Company in not considering Sri Kolli Ramu Naidu, S/o Yerri Naidu, in services in

contravention of Section 25 F of the Industrial Disputes Act, 1947, or else in not paying legal benefits

for the past services rendered to Andhra Cement Company is legal and justified? If not, to what relief

the concerned workman is entitled?”

The reference is numbered in this Tribunal as I.D. No. 31/2016 and notices were issued to the parties

concerned.

The case stands posted for filing of claim statement by the Petitioner.

Inspite of repeated calls, the Petitioner did not turn up. Several opportunities have been given to the

Petitioner Workman to attend the court to prosecute his case. But the Petitioner workman failed to attend this

Tribunal which clearly indicates that perhaps the dispute of the Petitioner workman has already been settled and

the Petitioner has no claim to raise against the Respondent. Hence, the case of the Petitioner workman is closed

and a ‘No dispute’ award is passed.

Award is passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri, Personal Assistant, corrected by me on this the 12^th day

of March, 2020.

MURALIDHAR PRADHAN, Presiding Officer

Appendix of evidence

Witnesses examined for the

Petitioner

Respondent

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

नई दिल्ली, 11 अगस् त, 2020

का.आ.700.—औद्योतगक तववाि अतधतनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में केन्द्रीय

सरकार मैससग ईएसआईसी अस्पताल एवं अन्य के प्रबंधतंत्र के संबद्ध तनयोजकों और उनके कमगकारों के बीच अनुबंध

में तनर्िगष्ट औद्योतगक तववाि में केन्द्रीय सरकार औद्योतगक अतधकरण एवं श्रम न्यायालय-2, चंडीगढ़ के पंचाट

(संिभग संयया 5/2019) को प्रकातशत करती है जो केन्द्रीय सरकार को 05.08.2020 को प्राप्त हुआ था।

[सं. एल-15012/4/2019-आईआर(एम)]

ए. के. ‎हसंह, अवर सतचव

2180 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

New Delhi, the 11th August, 2020

S.O. 700.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 5/2019) of the Central Government Industrial

Tribunal/Labour Court-2, Chandigarh now as shown in the Annexure in the Industrial Dispute between the

employers in relation to the management of M/s. ESIC Hospital and other, and their workman, which was

received by the Central Government on 05.08.2020.

[No. L-15012/4/2019-IR(M)]

A. K. SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. A.K. Singh, Presiding Officer

ID No. 5/2019

Registered on:-02.04.2019

Swantantar Kumar, C/o Near Gurdwara, Teli Basti,

Bari Brahmana, Jammu (J&K)-181133.

…Workman

Versus

The Medical Superintendent, ESIC Hospital, Bari Brahmana, District-Samba (J&K).

Col. Bhupinder Singh Samyal, House No.G-60,

Sainik Colony, Jammy (J&K).

…Respondents/Managements

AWARD

Passed on:-02.03.2020

Central Government vide Notification No. L-15012/4/2019-IR(M) Dated 25.02.2019, under clause (d)

of sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the

Act), has referred the following Industrial dispute for adjudication to this Tribunal:-

“Whether the action of Col. Bhupinder Singh Samyal, House No.G-60, Sainik Colony,

Jammu(J&K) as contractor under ESIC Hospital, Bari Brahmana, District Samba (J&K) in

terminating the services of Shri Swantantar Kumar w.e.f. 10.05.2018 is proper, legal and

justified? If not, to what relief the disputant is entitled to and from which date?’’

On the receipt of the above reference, notice was sent to the workman as well as the

managements/respondents. The postal article sent to the workman, referred above, is duly delivered to the

workman. Workman is given sufficient opportunity to file claim statement but none turned up in spite of the

opportunity afforded to file claim statement, which shows that the workman is not interested in adjudication of

the matter on merit.

Since the workman has neither put his appearance nor has he led any evidence so as to prove his cause

against the managements/respondents, as such, this Tribunal is left with no choice, except to pass a ‘No Dispute

Award/No Claim Award’. It is also clarified that passing of the no dispute award/no claim award would not bar

the workman from approaching the Appropriate Government/this Tribunal for adjudication of this case on

merits or filing any fresh claim. Let copy of this award be sent to the Appropriate Government as required under

Section 17 of the Act for publication.

A. K. SINGH, Presiding Officer

नई दिल्ली, 11 अगस् त, 2020

का.आ. 701.—औद्योतगक तववाि अतधतनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में केन्द्रीय

में तनर्िगष्ट औद्योतगक तववाि में केन्द्रीय सरकार औद्योतगक अतधकरण एवं श्रम न्यायालय-2, चंडीगढ़ के पंचाट (संिभग

संयया 7/2019) को प्रकातशत करती है जो केन्द्रीय सरकार को 05.08.2020 को प्राप्त हुआ था।

[सं. एल-15012/5/2019-आईआर(एम)]

ए. के. ‎हसंह, अवर सतचव

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2181

New Delhi, the 11th August, 2020

S. O. 701.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 7/2019) of the Central Government Industrial

Tribunal/Labour Court-2, Chandigarh now as shown in the Annexure in the Industrial Dispute between the

employers in relation to the management of M/s. ESIC Hospital and other, and their workman, which was

received by the Central Government on 05.08.2020.

[No. L-15012/5/2019-IR(M)]

A. K. SINGH, Under Secy.

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-II,

CHANDIGARH

Present: Sh. A.K. Singh, Presiding Officer

ID No.7/2019

Registered on:-02.04.2019

Mohinder Prakash, Ex-Sobidar, R/o Indra Nagar,

Post Office Miran Sahib, Tehsil R.S. Pura, Jammu(J&K).

…Workman

Versus

The Medical Superintendent, ESIC Hospital, Bari Brahmana, District-Samba (J&K).

Col. Bhupinder Singh Samyal, House No.G-60,

Sainin Colony, Jammy(J&K).

…Respondents/Managements

AWARD

Passed on:-02.03.2020

Central Government vide Notification No. L-15012/5/2019-IR(M) Dated 25.02.2019, under clause (d)

of sub-section (1) and sub-section (2A) of Section 10 of the Industrial Disputes Act, 1947(hereinafter called the

Act), has referred the following Industrial dispute for adjudication to this Tribunal:-

“Whether the action of Col. Bhupinder Singh Samyal, House No.G-60, Sainik Colony,

Jammu(J&K), contractor under the Management of ESIC Hospital, Bari Brahmana, District

Samba(J&K) in terminating the services of Shri Mohinder Prakash w.e.f. 31.03.2018 in

reference to Routine Transfer letter dated 16.03.2018 is legal, proper and justified? If not, to

what relief the disputed is entitled to and from which date?’’

On the receipt of the above reference, notice was sent to the workman as well as the

managements/respondents. The postal article sent to the workman, referred above, is duly delivered to the

workman. Workman is given sufficient opportunity to file claim statement but none turned up in spite of the

opportunity afforded to file claim statement, which shows that the workman is not interested in adjudication of

the matter on merit.

Since the workman has neither put his appearance nor has he led any evidence so as to prove his cause

against the managements/respondents, as such, this Tribunal is left with no choice, except to pass a ‘No Dispute

Award/No Claim Award’. It is also clarified that passing of the no dispute award/no claim award would not bar

the workman from approaching the Appropriate Government/this Tribunal for adjudication of this case on

merits or filing any fresh claim. Let copy of this award be sent to the Appropriate Government as required under

Section 17 of the Act for publication.

A. K. SINGH, Presiding Officer

2182 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

नई दिल्ली, 11 अगस् त, 2020

का.आ. 702.—औद्योतगक तववाि अतधतनयम, 1947 (1947 का 14) की धारा 17 के अनुसरण में केन्द्रीय

सरकार मैससग ए.ए.सी. माईहनंग एक्सक्यूटर इंतडया प्रा. तलतमटेड एवं अन्य के प्रबंधतंत्र के संबद्ध तनयोजकों और

उनके कमगकारों के बीच अनुबंध में तनर्िगष्ट औद्योतगक तववाि में औद्योतगक अतधकरण/श्रम न्यायालय, भीलवा़िा के

पंचाट (संिभग संयया 9/2018) को प्रकातशत करती है जो केन्द्रीय सरकार को 04.08.2020 को प्राप्त हुआ था।

[सं. जेड-16025/4/2020-आईआर(एम)]

ए. के. ‎हसंह, अवर सतचव

New Delhi, the 11th August, 2020

S. O. 702.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 9/2018) of the Industrial Tribunal/Labour Court, Bhilwara

now as shown in the Annexure in the Industrial Dispute between the employers in relation to the management of

M/s. A.A.C. Mining Executer India Pvt. Ltd. and other, and their workman, which was received by the Central

Government on 04.08.2020.

[No. Z-16025/4/2020-IR(M)]

A. K. SINGH, Under Secy.

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Jh vkj-lh-pspk.kh] vf/koDrk& foi{kh la0 nks dh vksj lsA

fnukad % 6-3-2020

1- izkFkhZ Jfed us foi{kh ds fo:) lsok i`Fkddj.k ckcr viuk fookn lqyg vf/kdkjh ,oa lgk;d Je vk;qDr

¼dsUnzh;½] vtesj ds le{k is'k fd;k] tgka 45 fnu dh le;kof/k esa dksbZ le>kSrk ugha gksus ds dkj.k izkFkhZ us

vkS|ksfxd fookn vf/kfu;e 1947 ¼ftls iapkV esa vkxs vf/k0 1947 ls lEcksf/kr fd;k tk;sxk½ dh /kkjk 2 ¼,½ ds

rgr ;g fookn U;k;ky; ds le{k is'k fd;kA

izkFkhZ dh vksj ls Dyse izkFkZuk i= esa ;g vafdr fd;k x;k gS fd mls foi{kh la0 ,d us fnukad 12-9-2014

dks bysDVªhf'k;u gsYij ds in ij fu;ksftr fd;kA mldk fu;kstu vf/k0 1947 dh /kkjk 25&ch ds rgr fu;fer

fu;kstu dh rkjhQ esa vkrk gSA lsokdky esa ?kfVr nq?kZVuk fnukad 20-12-2014 ds mipkj esa gq, O;; ds fcyksa dk

Hkqxrku foi{khx.k }kjk ckj& ckj fuosnu djus ij Hkh ugha fd;k x;kA lnSo dh Hkkafr og fnukad 18-5-2016 dks

dk;Z ij mifLFkr gqvk rks mls fcuk fdlh fyf[kr lwpuk ds ,p-vkj-gSM Jh iznhi dqekj prqosZnh us dke ij ysus ls

badkj dj fn;kA mldk lsok i`Fkddj.k voS/k gSA izkFkhZ us leLr osru ifjykHkksa lfgr iqu% lsok esa fu;ksftr djokus

dk fuosnu fd;kA

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2183

foi{kh la- ,d dh vksj ls tokc is'k dj izkjafHkd vkifRr ds :i esa tkfgj fd;k x;k fd izkFkhZ dks lsok

i`Fkd ugha fd;k x;k gS vfirq og Lo;a gh M~;wVh ls vuqifLFkr jgk gSA mRrjnkrk da- ds fu;eksa ds rgr ;fn mls

lsok i`Fkd fd;k tkrk gS rks og 30 fnu dh vof/k esa vihykaV vf/kdkjh ds le{k vihy izLrqr dj ldrk gSA

mRrjnkrk foi{kh la- nks ds ;gka lafonkdkj ds :i esa dk;Zjr gSA izkFkhZ ds vuqifLFkr gksus ls mlds LFkku ij vU;

dks dk;Z ij j[kuk iMk rFkk mls vf/kJe dk Hkqxrku Hkh djuk iMk]ftlls daiuh dks vkfFkZd gkfu gqbZA fcUnqokj

tokc izLrqr djrs gq, tkfgj fd;k x;k fd izkFkhZ muds ;gka lsokjr Fkk] vr% mlds leLr Hkqxrku dk nkf;Ro

mRrjnkrk dk gSA izkFkhZ dks o"kZ 2014 esa 650 :- ekfld fpfdRlk HkRrk dk Hkqxrku fd;k tkrk Fkk blds ckotwn Hkh

izkFkhZ dk LokLF; M~;wVh ds nkSjku [kjkc gksus ls mldk bykt ftad vLirky o jkeLusgh vLirky]HkhyokMk esa

djk;k x;k rFkk bykt esa gq, O;; dk Hkqxrku mRrjnkrk }kjk gh fd;k x;kA izkFkhZ dks fpfdRld }kjk fnukad 27-

1-2014 dks M~;wVh ds fy, ;ksX; ?kksf"kr fd;k x;k] vr% izkFkhZ dk dksbZ Dyse cdk;k ugha gSA izkFkhZ dks daiuh lsok ls

i`Fkd ugha fd;k x;k] vr% og M~;wVh ij mifLFkr gksus ds fy, Lora= Fkk] ysfdu og Lo;a gh M~;qwVh ij mifLFkr

ugha gqvkA mldk d`R; LoSPNk ls lsokvksa dk ifjR;kx dh Js.kh esa vkrk gSA Dyse izkFkZuk i= [kkfjt djus dh

izkFkZuk dh xbZA

foi{kh la- nks dh vksj ls tokc is'k dj tkfgj fd;k x;k fd izkFkhZ dHkh Hkh mRrjnkrk dk deZpkjh ugha

jgk gSA bl ekeys ls mRrjnkrk dk dksbZ laca/k ugha gSA Dyse izkFkZuk i= [kkfjt djus dh izkFkZuk dh xbZA

izkFkhZ dh vksj ls lk{; esa , M 1 fnus'k dqekj 'kekZ ds 'kiFki= ij c;ku ntZ djok;s x;s rFkk crkSj

izys[kh; lk{; izn'kZ 1 jkeLusgh vLirky dh mipkj iphZ] izn'kZ 2 izkFkhZ }kjk mipkj esa gq, O;; dh jkf'k ds

Hkqxrku ds laca/k esa foi{kh la0 ,d dks fy[kk i= fnukad 5-2-2015] izn'kZ 3 izkFkhZ }kjk mipkj esa gq, O;; dh jkf'k

ds Hkqxrku ds laca/k esa foi{kh la0 ,d dks fy[kk i= fnukad 10-4-2015] izn'kZ 4 ftad gkWLihVy dh mipkj iphZ

fnukad 17-5-2016] izn'kZ 5 feRry gkWLihVy dk lwpuki= fnukad 18-5-2016] izn'kZ 6 feRry gkWLihVy dh tkap

fjiksVZ fnukad 18-5-2016] izn'kZ 7 izkFkhZ }kjk lsok esa ysus ds laca/k esa fn;k x;k i= fnukad 6-6-2016] izn'kZ 8 izkFkhZ

}kjk lsok esa ysus ds laca/k esa fn;k x;k i= fnukad 23-6-2016 dks iznf'kZr djk;k x;kA

foi{kh dh vksj ls lk{; esa ,u , M 1 t;ar f=osnh o ,u , M 2 vafdr tks'kh ds c;ku 'kiFk i= ij ntZ

djk;s x;s rFkk izn'kZ ,e 1 ls izn'kZ ,e 3 foi{kh dk QkeZ&lh ekg viszy 2016 ls twu 2016] izn'kZ ,e 4 osru

Lyhi ekg ebZ 2016] izn'kZ ,e 5 cSad LVsVesaV] izn'kZ ,e 6] 7 o 8 chek ikWfylh dks iznf'kZr djok;k x;kA

geusa laiw.kZ i=koyh dk v/;;u fd;kA fopkj - fd;kA fopkj.kh; fcUnq vxzfyf[kr gS&

D;k izkFkhZ o foi{khx.k ds e/; Jfed& fu;kstd ds lca/k jgs gSa\ ;fn gka] rks D;k mls fnukad 18-5-2016

ls foi{kh us voS/k rkSj ij lsok ls i`Fkd dj fn;k\ ;fn gka] rks og D;k vuqrks"k izkIr djus dk vf/kdkjh gS ,oa D;k

izkFkhZ] foi{kh ls fpfdRlk en dh dksbZ jkf'k Hkh izkIr djus dk vf/kdkjh gSA

lk{; esa izkFkhZ fnus'k dqekj 'kekZ us eq[; ijh{k.k Lo:i 'kiFk i= esa vafdr fd;k gS fd foi{kh la- ,d ,-

,-lh- ekbZfuax ,DlD;wVj bafM;k izk-fy- dks fgUnqLrku ftad fy- us [kuu dk;Z dk Bsdk ns j[kk gSA og foi{kh la0

,d ds v/khu fo|qr foHkkx esa bysDVªhf'k;u gsYij ds in ij fnukad 12-9-2014 dks fu;qDr fd;k x;k] ogka mldh

lsok,a fu;fer :i ls pyrh jghA lsokdky ds nkSjku fnukad 20-12-2014 dks og nq?kZVukxzLr gqvk vkSj bl dkj.k

fnukad 20-12-2014 ls 21-1-2015 rd nq?kZVuk vodk'k ij jgk] fQj fnukad 27-1-2015 dks lsok nsus ds fy, foi{kh

ds le{k mifLFkr gqvk] ysfdu fpfdRlkf/kdkjh ds funsZ'kkuqlkj mls gYdk dk;Z ugha fn;k x;k oju~ iwoZor gh dk;Z

djok;k tkrk jgkA mls mipkj dk [kpkZ Hkh ugha fn;k x;kA lsokdky ds nkSjku iqu% 16-5-2016 dks og igyh ikyh

esa csgks'k gks x;kA mls izkK dqanu fpfdRlky;]fct;uxj esa HkrhZ djk;k x;k vkSj fQj vtesj fLFkr feRry

gkWLihVy esa tkap gsrq jsQj dj fn;k x;kA tkapksa esa gq, [kpsZ dk Hkqxrku Hkh mls ugha fd;k x;kA og mipkj en

dh jkf'k izkIr djus dk vf/kdkjh gSA og fnukad 18-5-2016 dks lsok nsus gsrq mifLFkr gqvk rks foi{kh us mls lsok esa

ugha vkus fn;k A bl laca/k esa mlus vFkd iz;kl fd;s] ysfdu mls voS/kkfud rjhds ls lsok ls oafpr j[kk tkrk

jgk vkSj mlls dfu"B lgdfeZ;ksa dh lsok,a yh tkrh jghA og fnukad 18-5-2016 ls gh iw.kZ osru]ofj;rk ,oa leLr

lsok ykHkksa lfgr iqu% inLFkkfir gksus dk vf/kdkjh gSA ftjg esa xokg dk dFku gS fd ;g lgh gS fd eq>s dk;Z

djus ds fy, Hkwfexr [knku esa tkuk iMrk FkkA tksbZfuax ds le; eq>s 12]700 :- o fQj ykLVesa 28]700 :- ekfld

osru feyrk FkkA izn'kZ 1 jkeLusgh fpfdRlky; dk gS] tgka eq>s daiuh ds }kjk Hkstk x;k FkkA jkeLusgh fpfdRlky;

ds 6200 :- ds fcy cus Fks] ftlesa ls daiuh us 500 :- eq>s dS'k fn;s Fks] ckdh dh jkf'k dk Hkqxrku eSaus gh fd;k

FkkA fcyksa dh QksVks izfr;ka is'k dh] mudh izkfIr jlhn esjs ikl ugha gS vt [kqn dgk fd jlhn nsrs gh ugha gSA ;g

lgh gS fd izn'kZ 2 esa fcy dh jkf'k o fcy ds uacj dk mYys[k ugha gSA izn'kZ 3 esa Hkh fcy dh jkf'k o fcy ds

uacj dk mYys[k ugha fd;k FkkA eSa fnukad 18-5-2016 ds ckn izfrfnu iksVZy ij M~;wVh ds fy, mifLFkr gksrk Fkk]

ysfdu eq>s ogka ls ,p-vkj- esa Hkstk x;kA ;g lgh gS fd fnukad 18-5-2016 ds ckn esjh mifLFkfr ntZ ugha gS vt

[kqn dgk fd eSa rks M~;wVh ij mifLFkr gksrk jgk FkkA ;g lgh gS fd eq>s [knku esa izos'k ds fy, xsV ij iafpax

djds gh vanj vkuk FkkA vkxs foi{kh la0 nks dh vksj ls dh xbZ ftjg esa xokg dk ;g Hkh dguk gS fd ;g lgh gS

fd gkWLihVy O;; o osru laca/kh eq>s ftruk Hkh Hkqxrku gqvk og eq>s foi{kh la- ,d us fd;k gSA ;g lgh gS fd

bl izdj.k ls lacaf/kr esjk fookn foi{kh la0 ,d ds lkFk gSA

2184 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

blds foijhr foi{kh ds xokg ,u , M 1 t;ar f=osnh us eq[; ijh{k.k Lo:i 'kiFki= esa vafdr fd;k gS

fd og foi{kh la- ,d ,-,-lh- ekbZfuax esa o"kZ 2013 ls dk;Zjr gS vkSj orZeku esa miizca/kd],p-vkj- ds in ij dk;Z

dj jgk gSA og deZpkfj;ksa dh HkrhZ] p;u osru fu/kkZj.k] okf"kZd osru o`f)] inksUufr] vuq'kklukRed dk;Zokgh ,oa

vU; fu;kstu laca/kh dk;Z laikfnr dj jgk gSA fnus'k dqekj 'kekZ] izkFkhZ dks dHkh izca/kd }kjk nafMr ugha fd;k x;k]

u gh mlds fo:) vuq'kklukRed dk;Zokgh vey esa ykbZ xbZ oju~ og fnukad 27-5-2016 ds mijkar M~;wVh ij

mifLFkr ugha gqvkA fdlh deZpkjh dh ;fn dk;Z ds nkSjku nq?kZVuk gks tkrh gS rks dkexkj {kfriwfrZ vf/k0 ds rgr

mls {kfriwfrZ dk Hkqxrku fd;k tkuk lqfuf'pr fd;k tkrk gSA fnukad 20-12-2014 dks dk;Z ds nkSjku pksV yxus ij

mldk igys fgUnqLrku ftad fy- ds fpfdRlkf/kdkjh o fQj HkhyokMk fLFkr jkeLusgh fpfdRlky; esa mipkj djok;k

x;kA foi{kh la0 ,d us mipkj ds lca/k esa gq, leLr [kpksZa dks ogu fd;kA fnukad 17-5-2016 dks mlus ftad

gkWLihVy ds fpfdRlkf/kdkjh dks psdvi v)Zpsruk ds fy, djok;k Fkk] ysfdu dk;Z ds nkSjku ekbZUl esa nq?kZVuk dk

dsl ugha gksus ds dkj.k daiuh dks buds fpfdRlk mipkj dh tkudkjh ugha gSA ftjg esa xokg dk dFku gS fd ;g

dguk xyr gS fd fnukad 20-12-2014 dks lsok ds nkSjku izkFkhZ dk dksbZ ,DlhMsaV gqvk gks vt [kqn dgk fd izkFkhZ

vLoLFk gqvk Fkk vkSj og vudkasf'k;l gks x;k FkkA fnukad 16-5-12016 dks Hkh izkFkhZ dk;Z ds nkSjku izkr% 7-15 ij

csgks'k gqvk gks rks eq>s tkudkjh ugha gSA izn'kZ 7 o 8 i= gesa izkIr ugha gqvkA geusa izkFkhZ dks dke ij mifLFkr gksus

ds fy, dksbZ i= ugha fy[kk vt [kqn dgk fd gekjh lkekU; izfdz;k ds vuqlkj fdlh dkfeZd ds vuqifLFkr gksus

ij ge nwljs dks j[k ysrs gSaA jkeLusgh vLirky esa HkrhZ jgus ij fpfdRld us izkFkhZ dks gYdk dk;Z nsus gsrq dgk gks

rks eq>s tkudkjh ugha gSA ;g dguk xyr gS fd fpfdRld dh mDr lykg ds ckotwn geusa mls Hkkjh dke fn;k

gks vkSj bl dkj.k og R;kxi= nsus dks etcwj gqvk gks vt [kqn dgk fd gekjs ;gka lHkh dk;Z Hkwfexr gh gSA foi{kh

la0 nks dh vksj ls dh xbZ ftjg esa xokg dk dFku gS fd ;g lgh gS fd eSaus c;kuksa esa daiuh o laLFkku 'kCn dke

esa fy, gSa]ftuls esjk vk'k; , , lh ekbZfuax foi{kh la0 ,d ls gSA

10-

foi{kh ds xokg ,u , M 2 vafdr tks'kh us eq[; ijh{k.k Lo:i 'kiFki= esa vafdr fd;k gS fd og foi{kh

la0 ,d ds ;gka o"kZ 2012 ls dk;Zjr gS vkSj ,p-vkj- foHkkx esa dk;Z djrk gSA Hkwfexr [kku esa dk;Z ij tkus okys

deZpkfj;ksa }kjk Hkwfexr [knku iksVZy ij xsV psdj ds ;gka ls okil lrg ij vkus ij xsV psdj ls ;wth Vksdu

izkIr fd;k tkrk gSA xsV psdj }kjk [kku fofu;e ds rgr j[ks tkus okys QkeZ &lh esa deZpkfj;ksa ds [kku esa tkus

,oa okil vkus ds le; dk bUnzkt fd;k tkrk gS rFkk deZpkfj;ksa dh ikyh vuqlkj mifLFkfr dh lwpuk ,p-vkj-

foHkkx esa fHktokbZ tkrh gSA izkFkhZ dh mifLFkfr vafre ckj fnukad 27-5-2016 dks izkIr gqbZA lR;kiu ds ckn mls ebZ

2016 ds mifLFkfr ds fnuksa dk Hkqxrku fu;ekuqlkj dj fn;k x;kA ftjg esa xokg dk dFku gS fd izn'kZ 6 o 7 gesa

ugha feys FksA

11-

cgl ds nkSjku izkFkhZ izfrfuf/k us izkFkZuk i= esa mYysf[kr rF;ksa dks nksgjk;k vkSj fyf[kr cgl Hkh is'k dhA

foi{kh la0 ,d ds izfrfuf/k us ;g dFku fd;k fd izkFkhZ us fopkjk/khu izkFkZuki= ds tfj;s bZykt [kpZ dh cdk;k

jkf'k dh ekax dh gS] tks og bl izdj.k esa izkIr ugha dj ldrkA bl jkf'k dh ekax gsrq mls deZpkjh {kfriwfrZ vf/k-

ds rgr dk;Zokgh djuh pkfg;s FkhA tgka rd voS/k lsok i`Fkddj.k dk iz'u gS] mudh ;g nyhy jgh gS fd Lo;a

izkFkhZ us fnukad 27-5-2016 rd foi{kh ds ;gka dk;Z fd;k gS] vr% mlds }kjk crk;s x;s rF; lgh ugha gS] bl dkj.k

bl laca/k esa Hkh mldh ekax Lohdkj ;ksX; ugha gSA foi{kh la0 ,d dh vksj ls Hkh fyf[kr cgl is'k dh xbZAfoi{kh

la0 nks dh vksj ls ;g nyhy j[kh xbZ fd muds o izkFkhZ ds e/; fu;kstd&Jfed ds lsca/k ugha jgs]vr% izkFkhZ muls

dksbZ vuqrks"k izkIr djus dk vf/kdkjh ugha gSA

12-

geusa laiw.kZ i=koyh dk v/;;u fd;k vkSj nksuksa i{kksa dks lquk ,oa fopkj fd;kA

13-

Lo;a izkFkhZ us vius Dyse izkFkZuk i= esa ;g vafdr fd;k gS fd og foi{kh la- ,d ds v/khu bysDVªhf'k;u

gsYij ds in ij fnukad 12-9-2014 dks fu;qDr fd;k x;k FkkA bl laca/k esa foi{kh la- ,d us Hkh vius tokc esa izkFkhZ

dk mlds v/khu lsokjr gksuk vkSj Hkqxrku dk nkf;Ro Hkh mlh dk gksuk Lohdkj fd;k gSA bl izdkj ;g Li"V gS

fd izkFkhZ dks foi{kh la- ,d us gh fu;kstu esa fy;k rFkk Hkqxrku Hkh os gh djrs jgsA foi{kh la- ,d us gekjs le{k

mlds vkSj foi{kh la- nks ds e/; fu"ikfnr lafonk dh izfr Hkh is'k dh gS] ftlls ;g Li"V gS fd foi{kh la- nks us

foi{kh la- ,d dks Hkwfexr dk;Z gsrq Bsdk fn;kA lexz lk{; ls ;g Li"V gS fd izkFkhZ o foi{kh la- ,d ds e/;

Jfed& fu;kstd ds laca/k jgs gSaA

14-

izkFkhZ us viuh fu;qfDr fnukad 12-9-2014 dks gksuk crk;k gS] ftls foi{kh us Hkh Lohdkj fd;k gSA blds

ckn fnukad 20-12-2014 dks izkFkhZ dk fu;kstu ds nkSjku nq?kZVukxzLr@pksVxzLr gksus dk tks dFku izkFkhZ us fd;k gS]

mls foi{kh la0 ,d us Hkh Lohdkj fd;k gSA nksuksa i{kksa ds vfHkopuksa o lk{; ls ;g izdV gqvk gS fd bl nq?kZVuk ds

laca/k esa gq, bZykt ds [kpsZ dks ysdj Hkh nksuksa i{kksa ds e/; fookn fo|eku gSA ,d vksj tgka izkFkhZ dk ;g dguk gS

fd nq?kZVuk dk iwjk [kpkZ foi{kh us ugha fn;k ogha nwljh vksj foi{kh us ;g crk;k gS fd bl nq?kZVuk ds i'pkr~ izkFkhZ

dks igys muds VªkaliksVZ ds ek/;e ls ftad fpfdRlky; Hkstk x;k vkSj fQj HkhyokMk fLFkr jkeLusgh fpfdRlky; esa

,Ecqysal dh O;oLFkk dj mls Hkstk x;k rFkk jkeLusgh fpfdRlky; esa gq, dqy [kpZ dh jkf'k 5720 :- dk Hkqxrku

Hkh mUgha ds }kjk fd;k x;kA bl laca/k esa gkykafd izkFkhZ us foi{kh dks fofHkUu i= 'ks"k Hkqxrku gsrq fy[kk tkuk dgk

gS vkSj bu i=ksa dh izfr;ka izn'kZ 2 o 3 Hkh gekjs le{k is'k dh gS] ysfdu bu i=ksa esa foi{kh ds ftEes dqy fdruh

mipkj jkf'k cdk;k gS] bldk dksbZ mYys[k ugha gS]vr% izkFkhZ dh lk{; ls ;g Li"V ugha gks ik jgk gS fd fnukad

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2185

20-12-2014 ds mipkj dh fdruh jkf'k foi{kh }kjk fn;k tkuk visf{kr gS]vr% bl ckcr dksbZ fu/kkZj.k fd;k tkuk

laHko ugha gSA

15-

vc iz'u ;g gS fd D;k foi{kh us izkFkhZ dks fnuakd 18-5-2016 ls dk;Z ij ugha fy;k ,oa D;k mls voS/k

rkSj ij lsok i`Fkd dj fn;k\

16-

bl laca/k esa lk{; esa izkFkhZ us ;g vafdr fd;k gS fd og fnukad 16-5-2016 dks dk;Z ds nkSjku izFke ikyh

esa izkr% djhc 7-15 cts csgks'k gks x;k Fkk rc mls foi{khx.k us izkK dqanu fpfdRlky; esa HkrhZ djok;k Fkk] tgka ls

mls vtesj fLFkr feRry gkWLihVy esa tkap djkus gsrq jsQj dj fn;k x;kA bl laca/k esa foi{kh la0 ,d ds xokg

t;ar f=osnh ds 'kiFki= ds iSjk la- 6 esa vxzfyf[kr vadu fd;k x;k gS&

^^;g fd Jh fnus'k dqekj 'kekZ }kjk fnukad 17-5-2016 dks Lo;a ftad gkWLihVy jkeiqjk&vkxwpk [kku

fpfdRlkf/kdkjh dks viuk psdvi vpkud v)Zpsruk ds fy, djk;k x;k] dk;Z ds nkSjku ekbZu ,DlhMsaV

ds QyLo:i pksV yxus dk dsl ugha gksus ls daiuh dks buds fpfdRlk mipkj lacaf/kr dksbZ tkudkjh

ugha gSA^*

17-

mDr vadu ls ;g izdV gksrk gS fd izkFkhZ }kjk fnukad 17-5-2016 dks ftad vLirky esa v)Zpsruk ds fy,

vius psdvi djk;s tkus ds rF; dh foi{kh dks tkudkjh rks gS]ysfdu mudk ;g dguk gS fd izkFkhZ us ;g tkap

ekbZu esa nq?kZVuk ds QyLo:i pksV yxus ds dkj.k ugha djokbZ Fkh] vr% foi{kh daiuh dks bl fpfdRlk mipkj dh

dksbZ tkudkjh ugha gSA vFkkZr fnuakd 17-5-2016 dks gqbZ tkap dks os mlds fu;kstu ls lacaf/kr ugha gksuk crk jgs gSa]

ysfdu bruk rks Li"V gh gS fd izkFkhZ ds vLoLFk gksus dh tkudkjh rks foi{kh dks Fkh ghA

18-

fnukad 18-5-2016 dks mls dk;Z ij ugha ysus dk tks dFku izkFkhZ us fd;k gS] mldk foi{kh us ;g dgrs gq,

[kaMu fd;k gS fd Lo;a izkFkhZ gh bl frfFk dks dk;Z ij mifLFkr ugha vk;k FkkA mUgksaus izkFkhZ dks dHkh lsok i`Fkd

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fy;kA

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automatice loss of lien-Service terminated-Without any enquiry and opportunity of hearing-Principles of natural

justice violated-Requirement of Article 14 must be fulfilled before depriving one of livelihood-Order of

termiantion liable to be set aside-Constitution of India 1950-Articles 14 and 21.

20-

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2186 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

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dsUnzh; ljdkj dks 13-08-2020 dks izkIr gqvk FkkA

[la- ,y-39025@01@2020-vkbZvkj ¼ch-II½]

Lkhek caly] vuqHkkx vf/kdkjh

New Delhi, the 13th August, 2020

S. O. 703.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 7/2017) of the Cent.Govt.Indus.Tribunal-cum-Labour

Court, Chennai as shown in the Annexure, in the industrial dispute between the management of Andhra Bank,

and their workmen, received by the Central Government on 13.08.2020.

[No. L-39025/01/2020-IR(B-II)]

SEEMA BANSAL, Section Officer

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2187

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

CHENNAI

ID No. 7/2017

Present: DIPTI MOHAPATRA, LL.M., PRESIDING OFFICER

Date: 24.06.2020

Sri R. Dilli

S/o Ramachandran

…1^st Party/Petitioner

AND

M/s. Andhra Bank

Regional Office

Rep. by its Senior Manager

No. 168, Lingi Chetty Street

Chennai-600001

…2^nd Party/1^st Management

M/s. Andhra Bank

Rep. by its Branch Manager

Senthil Nagar Branch

No. 15A, Rajaji Salai, Senthilnagar

Tirumullaivoyal

Chennai-600062

…2^nd Party/2^nd Management

Appearance:

For the 1^st Party/Petitioner

: M/s. N. Ganesh, K. Manavalan

For the 2^nd Party/1^st & 2^nd Respondent

: M/s. Aiyar & Dolia

AWARD

This is an Application under 2A(2) of the Industrial Disputes Act, 1947.

The case of the Applicant in a nutshell is that being appointed as Contractual Gold Appraiser by the

First Respondent vide its letter No. LR. 680/16/GJA/382 dtd. 27.01.2007 joined the Second Respondent, the

Branch Manager, Senthil Nagar Branch and rendered unblemished service for 9 years. He was terminated from

his job without any prior notice, by the Second Respondent on dated 06.10.2015 being victimized due to his

complaint before the Authority, regarding illegal demand of Rs. 3.00 lakhs by the then Branch Manager viz.

K. Karunanidhi. The issuance of termination letter on dtd. 06.10.2015, is perverse and not in accordance to the

principles of natural justice. The Applicant seeks for consequential reliefs as deems fit by setting aside the

termination order.

Both the Respondents entered appearance by filing a Common Written Statement. The appointment of

petitioner as Contractual Jewel Appraiser while was admitted the Respondents strongly denied the claim of the

petitioner as he joined as per the terms and conditions of an agreement executed in between him and the

Respondents. The Counter Statement filed by the Respondents, denying the allegation of victimization of the

petitioner and contended justifying the order of termination of the petitioner as an outcome of sheer violation of

the terms and condition of the agreement as agreed upon by the petitioner. The allegation of demand of Rs. 3.00

lakhs by the then Branch Manager for any obvious purpose was turned down as false and baseless.

The following issues emerged in the pleadings of the parties.

(i)

If the petitioner is a “Workman” within the purview of the definition of the Act?

(ii)

If his termination without any prior notice is legal and perverse?

(iii) If so, to what relief he is entitled to?

Both the parties adduced oral as well as documentary evidence. The petitioner himself examined as

WW1 and produced and marked 13 number of documents from Ext.W1 to Ext.W13. The Respondents

preferred to adduce evidence through one of their witness, the Branch Manager, Avadi Branch, Chennai. Only

two documents are relied on under Ext.M1 and Ext.M2. In order to avoid confusion it needs mention that both

2188 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

parties relied on the same document i.e. agreement marked as Ext.W4 on behalf of the petitioner and Ext.M1 on

behalf of the Respondent. Thus, it would be hereinafter be referred as “Ext.M1” and not Ext.W4.

Since both the issues are interlinked inter-alia, so far the fact and law are concerned, taken up together

for a convenient discussion. The Admitted undisputed fact remains on being appointed by the First Respondent

and vide its letter No. LR.680/16/GJA/382 dtd. 27.01.2007, the petitioner entered into an Agreement vide no.

21490 dtd. 29.11.2006 (Ext.M1) and joined under the Second Respondent, the Branch Manager, Andhra Bank,

Senthil Nagar Branch as Contractual Jewel Appraiser. The Petitioner (WW1) adduced evidence in support of

the contentions averred in his 2A Application. The petitioner is stated to have rendered unblemished service for

9 years to the best of his sincerity and satisfaction of the Authority resulting recommendation and engagement

for additional charge at Sathyamoorthy Nagar Branch Chennai in the same capacity in the year 2011. He was

served with a letter by MW1 for discontinuation of his service as Gold Appraiser vide no. 1277/19/114 dtd.

06.10.2015 (Ext.W5). It was believed by the petitioner that he was victimized, due to his complaint against the

then Branch Manager, K. Karunanidhi regarding demand of Rs. 3.00 lakhs for payment of the same to his close

acquaintance, one E. Venkatesh. On being pressurized and with a false assurance to get the job secured, the

petitioner though could not manage to collect Rs. 3.00 lakhs but could collect only Rs. 2,80,000/- incurring lo

Rs. 2,89,000/- in the account no. 11291029390020 of the petitioner vide two separate cheques. The petitioner

was shocked to know that out of the deposited amount, Karunanidhi withdrew Rs. 10,000/- without his

knowledge. The Branch Manager turn down the request of petitioner to repay the said amount, on the other

hand left for Bengaluru Branch on transfer. The petitioner however lodged complaint before the First

Respondent, which was never attended. He once again lodged complaint to the Vigilance Cell of the First

Respondent. No action was taken by the Second Respondent on his Complaint. On the other hand he was issued

with a letter of discontinuation of service dtd. 06.10.2015 by MW1 basing on the observation made by the

Vigilance Department. It is further contended, that the order of discontinuation was the outcome of an

unilateral decision of the First Respondent and implemented by the Second Respondent, without affording any

opportunity to the Petitioner to represent his case.

The Second Respondent, Sri P.S. Nandakumar (the then Branch Manager of Senthil Nagar Branch) has

been examined on behalf of the Respondent. In support of the Counter Statement filed by the Respondent he

advanced his evidence that the Jewel Appraiser’s role is restricted only to check the quality of the jewels of the

customers who intend to incur loan from the Bank by pledging the jewels. Besides, when the petitioner joined

as per the terms and conditions of the Agreement, he cannot claim his service to be a regular one. That apart, the

Employer has every authority to terminate the job, if any deviation is noticed.

In view of the discussion held in preceding paragraphs it is to be seen if the petitioner is a workman

within the purview of the Act and his discontinuation from service is not legal and justified. The Learned

Counsel on behalf of the Respondent drew attention on the relevant documents i.e. the Approval of

Appointment Letter (Ext.W3), the Agreement between the parties (Ext.M1). It is contended that admittedly the

appointment of the petitioner was made by the First Respondent on contractual basis. It is also an admitted fact

that the petitioner joined as per the terms and conditions of Ext.M1. As such, it is further urged that the

petitioner, Contractual Appraiser is not a workman within the purview of Section (2) of the Industrial Disputes

Act, 1947. Reliance is placed in the judicial verdict of the Supreme Court in the case of Indian Overseas Bank

Vs. All India Indian Overseas Bank Employees Union 2006-2-LLJ-253 (SC)

In view of the evidence adduced by MW1 it reveals the Jewel Appraisers were restricted to appraisal

of jewels. Accordingly, he is required to furnish certificate in individual cases. The commission for professional

service of Jewel Appraisers are borne by the customers and not by the Bank. It is further stated that the Jewel

Appraisers are at liberty to carry on private business outside the premises. Since the Appraisers are required to

appraise the jewel as and when required looking into the customers’ demand, they are not supposed to remain in

the Bank for the whole working hours. The Witness being the Branch Manager while stated about the

procedural aspect of the job of the concerned Jewel Appraisers, denied the relief sought for by the petitioner.

While emphasizes about the contract executed in between the parties the Witness also justifies the letter

(Ext.W5) issued by him. At the outset the Learned Counsel also focussed on the other relevant documents. It is

stated the Head Office issued necessary instruction vide Ext.M2 (the letter from Vigilance Department to Zonal

Office) to discontinue the service of the petitioner as some serious irregularities in appraisal of gold / jewellery

was detected by the Internal Vigilance Department for the relevant period when the petitioner and his Wife,

D. Revathy (Petitioner in ID 8/2007) were appointed as Contractual Jewel Appraiser in the Senthil Nagar and

Sathyamoorthy Nagar Branch. On further perusal of the Ext.M2, it reveals that in a routine manner the Internal

Vigilance Department of the First Respondent re-appraised 20% of gold jewels in random of the above two

Branches for the relevant period when the Petitioner and his Wife were appointed. The Appraisers are required

to give the report of the net weight of gold and the certificate regarding the quality of the gold. Accordingly, the

Gold Appraisers are under obligation to deduct the weight of stones, beads and plastics, if any found in the

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2189

jewellery placed for appraisal by the customers. After the deduction of such weight, the Appraiser is to place the

report of net weight. On such report of net weight and assessed quality of gold necessary loan is sanctioned by

the Bank in favour of the borrower. As such the report of the Jewel Appraiser plays a vital role in assisting the

Bank in such field. Ext.M2 discloses in the instant random re-appraisal of 20% of gold ornaments of both the

Branches viz. Senthil Nagar and Sathyamoorthy Nagar Branch, the Internal Vigilance Department noticed

severe discrepancies as the appraisal of gold jewellery was not held properly. Both the petitioner and his wife,

D. Revathy were appointed as Contractual Gold Jewel Appraisers for the respective branches for the relevant

period and found negligent in discharging their bonafide duties. While appraising the net weight of gold, both of

them were found to have failed to deduct the weight of stones, beads and plastics from the concerned jewellery

but shown the net weight as such. Accordingly, it is contended that the petitioner deviated from the terms and

conditions of the contract causing monetary loss to the Bank. Ext.M1 in this regard is taken into account.

Admittedly, Ext.M1 in a clear and unequivocal terms speaks that the Appraiser shall faithfully and diligently do

or perform the work or the duties assigned by the Respondent’s Bank. It was also observed by the Internal

Vigilance Department that for the obvious cause of personal gain the Petitioner and his Wife promoted

illegitimate monetary relation with the staff members of the Branch so also wilfully frustrated the terms and

conditions of the Agreement. The report was submitted before the First Respondent for taking appropriate

action at their end. The First Respondent directed the Second Respondent to terminate the Petitioner and his

Wife from job. Pursuant to the letter of the Head Office, the Second Respondent implemented the instruction

by issuing the letter of discontinuation (Ext.W3). The allegations against the then Branch Manager by the

petitioner was an afterthought and without any basis.

In view of the submission of Learned Counsels of both parties and the discussion held in preceding

paragraphs it reveals that the appointment of the Petitioner was in accordance to the terms and conditions of

Agreement (Ext.M1). When the Petitioner is one of the party to the Agreement it is well presumed that he has

been well aware of the terms and conditions contemplated in the Agreement. One of such condition says that

the Appraiser shall be liable if any mistake, omission, neglect or misconduct made or committed by him in the

performance of his duties. As such when Internal Vigilance Department observed there was serious negligence

attributed by the Jewel Appraisers causing loss to the Bank, the then Assistant Manager, Vigilance moved the

Competent Authority, the Senior Manager, Zonal Office vide his letter (enclosed with the details of the random

checklist) to the Zonal Office, Chennai. The Competent Authority, the First Respondent looking into the gravity

and seriousness advised the Second Respondent to discontinue the service of the Gold Appraiser i.e. the

Petitioner and his Wife, D. Revathy (Petitioner in ID 8/2007). The Learned Counsel for the Respondent while

justifies the letter under Ext.M2 (letter from Vigilance to Zonal Office) and Ext.W5 (letter of termination)

draws attention to the very relevant Clause-18 of the Agreement of Ext.M1.

The Clause 18 of Ext.M1 reads as follows -

“that any loss or damage if caused to the Bank due to the negligence, carelessness of the Appraiser

or his Authorized Deputy during the performance of his responsibilities or if the Appraiser or his

Authorized Deputy has committed fraud or practised dishonesty or has committed gross misconduct

or breach of terms and conditions of this Agreement, it shall be lawful for the Bank to put an end to

the Agreement forthwith by giving the Appraiser and the Guarantor written notice of its intention

forthwith and whether or not the circumstances in any particular case justify the Bank in summarily

putting to an end to this Agreement shall be decided solemnly by the Bank ”.

10.

Accordingly, in view of the discussion held in preceding paragraphs it is apparent from the letter

Ext.M2 that the Competent Authority, the First Respondent, the Senior Manager of Zonal Office was fully

convinced with the report and observation of the Internal Vigilance Department that there was serious deviation

to the terms and condition of the Agreement, wilful negligence on the part of the then Jewel Appraiser in

appraisal of jewellery and arriving at incorrect net weight causing severe loss to the Bank. It is held by the

Authority that the service of the respective Jewel Appraisers were no more required in the given fact and

circumstance and directed the Second Respondent to terminate the petitioner from service. It is highlighted by

the Learned Counsel for the Respondent so also from the materials borne out of documents on record that the

Petitioner has never challenged the direction of the First Respondent in any competent Forum. Thus, the

direction of the First Respondent holds good till issuance of letter of termination by the Second Respondent.

Besides, it further appears in view of the terms and conditions of Clause-18, the First Respondent was

competent enough to decide summarily and solemnly to put to an end to the agreement (Ext.M1). Thus in this

scenario it is crystal clear that the Second Respondent had no role to play in the decision taken by the First

Respondent. On the other hand, the Second Respondent being the Subordinate Officer was left with no option

other than to comply with the direction of the higher Authority, the First Respondent. The Second Respondent

2190 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

simply complied the order of the higher authority, the First Respondent, the Senior Manager, Zonal Office. The

Second Respondent implemented the direction by issuing Ext.M2.

In view of the discussion held supra, the decision taken by the First Respondent to terminate the

Petitioner from job cannot said to be improper and illegal so also the issuance of letter of termination of the

petitioner from job by the Second Respondent is held legal and justified and warrants no interference. In the

result, the Petitioner, R. Dilli is not entitled to any relief as sought for.

In the result the reference is answered against the petitioner. The Industrial Dispute stands dismissed.

An Award is passed accordingly.

DIPTI MOHAPATRA, Presiding Officer

Witnesses Examined :

For the 1^st Party/Petitioner

WW1, Sh. R.Dilli

For the 2^nd Party/Respondent

MW1, Sri P.S. Nandakumar

Documents Marked:-

On the petitioners side

Ex. No.

Date

Description

Ex.W1

Identity Card Issued by Gold Silver Appraiser

Society

Ex.W2

23.04.2004

Certificate Issued by SISI (GOI)

Ex.W3

27.01.2007

Approval of Appointment letter

Ex.W4

Agreement between petitioner and Respondent

Ex.W5

06.10.2015

Discontinuation of service letter

Ex.W6

07.04.2016

Tamilnadu State Legal Service Authority Call

Letter

Ex.W7

17.06.2016

Statement of Objection filed by the R2

Ex.W8

30.08.2016

District Legal Service Authority Letter to High

Court Legal Service Committee

Ex.W9

06.09.2016

High Court Legal Service to Advocate

Mr. T. Saravanan

Ex.W10

21.09.2016

Legal Opinion of Advocate Mr. T.Saravanan

Ex.W11

17.10.2016

Petition to Dy. CLC (C).

Ex.W12

12.12.2016

Respondent Comments to Dy. CLC (C).

Ex.W13

31.01.2017

Certificate issued by Dy. CLC (C)

(No Settlement Reached ).

On the Respondent side

Ex.No.

Date

Description

Ex.M1

29.11.2006

Appraiser Agreement of Mr. R. Dilli

Ex.M2

19.09.2015

Letter from Vigilance Department to Zonal

Office

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2191

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New Delhi, the 13th August, 2020

S. O. 704.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 8/2017) of the Cent. Govt. Indus.Tribunal-cum-Labour

Court, Chennai as shown in the Annexure, in the industrial dispute between the management of Andhra Bank,

and their workmen, received by the Central Government on 13.08.2020.

[No. L-39025/01/2020-IR(B-II)]

SEEMA BANSAL, Section Officer

ANNEXURE

BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

CHENNAI

ID No. 8/2017

Present: DIPTI MOHAPATRA, LL.M., PRESIDING OFFICER

Date: 24.06.2020

Sri D. Revathy

W/o Sri R. Dilli

…1^st Party/Petitioner

AND

M/s. Andhra Bank

Zonal Office

Rep. by its Senior Manager

No. 168, Lingi Chetty Street

Chennai-600001

…2^nd Party/1^st Management

M/s. Andhra Bank

Rep. by its Branch Manager

Sathyamoorthy Nagar Branch

No. 1, Solambedu Road

Tirumullaivoyal

Chennai-600062

…2^nd Party/2^nd Management

Appearance:

For the 1^st Party/Petitioner

M/s. N. Ganesh, K. Manavalan

For the 2^nd Party/1^st & 2^nd Respondent

M/s. Aiyar & Dolia

AWARD

This is an Application under 2A(2) of the Industrial Dispute Act, 1947.

The case of the Applicant in a nutshell is that being appointed as Contractual Gold Appraiser by the

First Respondent vide its letter no. LR.0680/19/GI55/129 dtd. 09.01.2013 joined the Second Respondent, the

Branch Manager, Sathyamoorthy Nagar Branch and rendered unblemished service throughout the tenure. She

was terminated from her job without any prior notice by the Second Respondent on dated 06.10.2015. It is

understood that basing on the observation made by the Vigilance Department she was victimized and terminated

from service. The issuance of termination letter on dtd. 06.10.2015 is accordingly challenged as illegal. The

Petitioner sought for her reinstatement and at the same time demanded compensation of Rs. 10,000/- per month

with Rs. 10,000/- as litigation expenses from the Respondent.

2192 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Both the Respondents entered appearance by filing a Common Written Statement. The appointment of

petitioner as Contractual Jewel Appraiser while was admitted, the Respondents strongly denied the claim of the

petitioner. It is added that since the Petitioner joined pursuant to the agreement executed in between her and the

Respondent is not under payroll of the Respondents. Therefore is not liable for the reliefs as sought for. The

Respondents accordingly denied the allegation of victimization of the petitioner but made the submission

justifying the order of termination of the petitioner as an outcome of sheer violation of the terms and condition

of the Agreement as agreed upon by the petitioner.

The following issues emerged in the pleadings of the parties.

(i)

If the petitioner is a “Workman” within the purview of the definition of the Act?

(ii)

If her termination without any prior notice is legal and perverse?

(iii) If so, to what relief she is entitled to?

Both the parties adduced oral as well as documentary evidence. The petitioner herself examined as

WW1 and produced a bunch of documents from Ext.W1 to Ext.W11 which includes the I-Card, Appointment

Letter and also the Termination Letter. All other documents from Ext.W5 to Ext.W11 relates to the matter

before the Tamil Nadu S.L.S.A. and DLC.

The Branch Manager, Sri P.S. Nanda Kumar, Avadi Branch, Chennai was examined as MW1 and

produced two documents viz. the Agreement dtd. 05.01.2014 and the letter from Vigilance Department of Zonal

Office dtd. 19.09.2015 marked as Ext.M1 and Ext.M2 respectively.

Issue (i) & (ii)

Since both the issues are interlinked inter-alia, so far the fact and law are concerned, taken up together

for a convenient discussion. The Admitted undisputed fact remains that on being appointed by the First

Respondent and vide its letter No. LR.0680/19/GI55/129 dtd. 09.01.2013, the petitioner entered into an

Agreement vide Ext.M1 and joined as Contractual Jewel Appraiser under the Second Respondent, the Branch

Manager, Andhra Bank, Sathyamoorthy Nagar Branch. The Petitioner (WW1) adduced evidence in support of

the contentions averred in her 2A application. The petitioner is stated to have rendered unblemished service

throughout her tenure to the best of her ability and to the satisfaction of the Authority. But to her utter surprise,

she was served with a letter by the Second Respondent for discontinuation of her service as Gold Appraiser vide

letter dtd. 06.10.2015 (Ext.W4). She was never been afforded with any opportunity to represent her case but

without any prior notice ,was terminated from her job. It was believed by the petitioner that she was victimized

and terminated simply pursuant to the observation of the Vigilance Department. She approached different

forums such as the State Legal services Authorities and the Dy. Labour Commissioner for redressal of her

greivance but in vain. She moved the Tribunal in the instant case seeking her reinstatement and other

consequential reliefs.

Sri P.S. Nandakumar, the Second Respondent, the then Branch Manager (MW1) was examined on

behalf of the Respondent. In support of the Counter Statement filed by the Respondent he advanced his evidence

that the Jewel Appraiser’s role is restricted only to check the quality of the jewels of the customers who intend

to incur loan from the Bank by pledging the jewels. Besides, when the petitioner joined as per the terms and

conditions of the Agreement, she cannot claim her service to be a regular one. That apart, the Employer has

every authority to terminate the job, if any deviation to the terms and conditions of the Agreement is noticed.

In view of the discussion held in preceding paragraphs it is to be seen, if the petitioner is a workman

within the purview of the Act and her discontinuation from service is not legal and justified? The Learned

Counsel on behalf of the Respondent drew attention on the relevant documents i.e. the Approval of

Appointment Letter (Ext.W3), the Agreement between the parties (Ext.M1). It is contended that admittedly the

appointment of the petitioner was made by the First Respondent on contractual basis. It is also an admitted fact

that the petitioner joined as per the terms and conditions of Ext.M1. As such, it is further urged that the

petitioner, Contractual Appraiser is not a workman within the purview of Section (2) of the Industrial Disputes

Act, 1947. Reliance is placed in the judicial verdict of the Supreme Court in the case of Indian Overseas Bank

Vs. All India Indian Overseas Bank Employees Union 2006-2-LLJ-253 (SC)

10.

In view of the evidence adduced by MW1 it reveals the Jewel Appraisers were restricted to appraisal of

jewels. Accordingly, they are required to furnish certificate in individual cases. The commission for professional

service of Jewel Appraisers are borne by the customers and not by the Bank. It is further stated that the Jewel

Appraisers are at liberty to carry on private business outside the premises. Since the Appraisers are required to

appraise the jewel as and when required looking into the customers’ demand, they are not supposed to remain in

the Bank for the whole day (working hours). The Witness being the Branch Manager while stated about the

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2193

procedural aspect of the job of the concerned Jewel Appraisers, denied the relief sought for by the petitioner.

While emphasizes about the contract executed in between the parties the witness also justifies the letter

(Ext.W4) issued by him. At the outset the Learned Counsel also focussed on the other relevant documents. It is

stated the Head Office issued necessary instruction vide Ext.M2 (the letter from Vigilance Department to Zonal

Office) to discontinue the service of the petitioner as some serious irregularities in appraisal of gold / jewellery

was detected by the Internal Vigilance Department for the relevant period when the Petitioner’s husband R.

Dilli (Petitioner in ID 7/2007) was appointed as Contractual Jewel Appraiser in the Senthil Nagar was also

appointed for some time to other Branches including Sathyamoorthy Nagar Branch, where the petitioner was

appointed. On further perusal of the Ext.M2, it further reveals that in a routine manner the Internal Vigilance

Department of the First Respondent, re-appraised 20% of gold jewels in random of the above two Branches of

the relevant period when the Petitioner and her Husband were appointed. The Appraisers are required to give the

report of the net weight of gold and the certificate regarding the quality of the gold. Accordingly, the Gold

Appraisers are under obligation to deduct the weight of stones, beads and plastics, if any found in the jewellery

placed for appraisal by the customers. After the deduction of such weight, the Appraiser is to place the report of

net weight. On such report of net weight and assessed quality of gold, necessary loan is sanctioned by the Bank

in favour of the Borrower. As such the report of the Jewel Appraiser plays a vital role in assisting the Bank in

such field. Ext.M2 discloses that in the instant random re-appraisal of 20% of gold ornaments of both the

Branches viz. Senthil Nagar and Sathyamoorthy Nagar Branch, the Vigilance Department noticed severe

discrepancies. The appraisal of gold jewellery was not held properly by the respective Jewel appraisers. Both the

petitioner and her Husband R. Dilli were appointed as Contractual Gold Jewel Appraisers for the respective

branches for the relevant period and found negligent in discharging their bonafide duties. While appraising the

net weight of gold, both of them were found to have failed to deduct the weight of stones, beads and plastics

from the concerned jewellery but shown the net weight as such. Accordingly, it is contended that the petitioner

deviated from the terms and conditions of the contract causing monetary loss to the Bank. Ext.M1 in this regard

is taken into account. Admittedly, Ext.M1 (The Agreement) in a clear and unequivocal terms speaks that the

Appraiser shall faithfully and diligently do or perform the work or the duties assigned by the Respondent’s

Bank. It was also observed by the Internal Vigilance Department that for the obvious cause of personal gain,

the petitioner and her Husband promoted illegitimate monetary relation with the staff members of the Branch so

also wilfully frustrated the terms and conditions of the agreement. The report was submitted before the First

Respondent for taking appropriate action at their end. The First Respondent directed the Second Respondent to

terminate the Petitioner and her Husband from job. Pursuant to the letter of the Head Office, the Second

Respondent implemented the instruction by issuing the letter of discontinuation (Ext.W3). It is further

contended that the allegations against the then Branch Manager by the Petitioner was an afterthought and

without any basis.

11.

In view of the submission of Learned Counsel for both parties and the discussion held in preceding

paragraphs, it reveals that the appointment of the Petitioner was in accordance to the terms and conditions of

Agreement (Ext.M1). When the Petitioner is one of the party to the Agreement it is well presumed that she has

been well aware of the terms and conditions contemplated in the Agreement. One of such condition says that

the Appraiser shall be liable if any mistake, omission, neglect or misconduct made or committed by her in the

performance of her duties. As such when Internal Vigilance Department observed that there was serious

negligence attributed by the Jewel Appraisers causing loss to the Bank, the then Assistant General Manager,

Vigilance moved the Competent Authority, the Senior Manager, Zonal Office vide his letter (enclosed with the

details of the random checklist) to the Zonal Office, Chennai. The Competent Authority, the First Respondent

looking into the gravity and seriousness, advised to the Second Respondent to discontinue the service of Gold

Appraisers i.e. the Petitioner, R. Revathy and her Husband, R. Dilli (Petitioner in ID 7/2007). The Learned

Counsel for the Respondent while justifies the letter under Ext.M2 (letter from Vigilance Zonal Office) and

Ext.W4 (letter of termination) draws attention to the very relevant Clause (18) of the Agreement (Ext.M1).

The Clause 18 of Ext.M1 reads as follows -

“that any loss or damage if caused to the Bank due to the negligence, carelessness of the Appraiser

or his Authorized Deputy during the performance of his responsibilities or if the Appraiser or his

Authorized Deputy has committed fraud or practised dishonesty or has committed gross misconduct

or breach of terms and conditions of this Agreement, it shall be lawful for the Bank to put an end to

the Agreement forthwith by giving the Appraiser and the Guarantor written notice of its intention

forthwith and whether or not the circumstances in any particular case justify the Bank in summarily

putting to an end to this Agreement shall be decided solemnly by the Bank ”.

12.

Accordingly, in view of the discussion held in preceding paragraphs it is apparent from the letter

Ext.M2 that the Competent Authority, the First Respondent, the Senior Manager of Zonal office, was fully

convinced with the report and observation of the Internal Vigilance Department, that there was serious deviation

2194 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

to the terms and conditions of the Agreement, wilful negligence on the part of the then Jewel Appraiser in

appraisal of jewellery and arriving at incorrect net weight causing severe loss to the Bank. It is held by the

Authority that the service of the respective Jewel Appraisers were no more required in the given facts and

circumstance and directed the Second Respondent to terminate the Petitioner from the service. It is also

highlighted by the Learned Counsel for the Respondent so also reveal from the materials borne out of

documents on record that the Petitioner has never challenged the direction of the First Respondent in any

competent Forum. Thus, the direction of the First Respondent holds good, till the issuance of letter of

termination by the Second Respondent. Besides, it further appears in view of the terms and conditions of

Clause-18 of Ext.M1, the First Respondent, the Senior Manager, Zonal Office was competent enough to decide

summarily and solemnly to put to an end to the agreement (Ext.M1). Thus, in this scenario it is crystal clear that

the Second Respondent had no role to pay in the decision taken by the First Respondent. On the other hand, the

Second Respondent being the Subordinate Officer was left with no option other than to comply with the

direction of the higher Authority, First Respondent. The Second Respondent simply complied the order of the

higher Authority, First Respondent, the Senior Manager, Zonal Office. The Second Respondent implemented

direction.

13.

In view of the discussions held supra, the decision taken by the First Respondent to terminate the

petitioner from job cannot said to be improper and illegal so also the issuance of letter of termination of

Petitioner from her job, by the Second Respondent is held legal and justified, warrants no interference. In the

result, the Petitioner, D. Revathi is not entitled to any relief as sought for.

The reference is answered against the petitioner. The Industrial Dispute case stands dismissed.

An Award is passed accordingly.

DIPTI MOHAPATRA, Presiding Officer

(Dictated and transcribed by PA and

corrected and pronounced in the open

court on this day the 24.06.2020)

Witnesses Examined :

For the 1^st Party/Petitioner

WW1, Smt.D.Revathy

For the 2^nd Party/1^st & 2^nd Respondent

MW1, Sh. P.S.Nandakumar

Documents Marked:-

On the petitioners side

Ex.No.

Date

Description

Ex.W1

Identity Card Issued by Gold Silver Appraiser

Society

Ex.W2

29.08.2013

Certificate Issued by BSS Skill School

Ex.W3

27.01.2007

Appointment letter of the Petitioner

Ex.W4

06.10.2015

Termination of service of the Petitioner

Ex.W5

15.07.2016

Tamilnadu State Legal Service Authority Call

Letter

Ex.W6

30.08.2016

District Legal Service Authority Letter Chennai

Ex.W7

06.09.2016

High Court Legal Service to Advocate

Mr.T.Saravanan

Ex.W8

21.09.2016

Legal Opinion of Advocate Mr. T.Saravanan

Ex.W9

17.10.2016

Petition to Dy. CLC (C).

Ex.W10

12.12.2016

2^nd Respondent‘s reply to Petitioner’s

Complaint before Dy. CLC (C).

Ex.W11

31.01.2017

Certificate issued by Dy. CLC (C)

(No Settlement Reached ).

On the Respondent side

Ex.No.

Date

Description

Ex.M1

05.01.2014

Appraiser Agreement of Mrs. D. Revathy

Ex.M2

19.09.2015

Letter from Vigilance Department to Zonal

Office

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2195

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New Delhi, the 14th August, 2020

S. O. 705.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 5/2016) of the Cent.Govt.Indus.Tribunal-cum-Labour Court,

Hyderabad as shown in the Annexure, in the industrial dispute between the management of M/s. Singareni

Collieries Company Ltd., and their workmen, received by the Central Government on 07.07.2020.

[No. L-22012/93/2015-IR(CM-II)]

RAJENDER SINGH, Desk Officer/Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

Present: Sri Muralidhar Pradhan, Presiding Officer

Dated the 13^th day of March, 2020

INDUSTRIAL DISPUTE No. 5/2016

Between:

The President (Bandari Satyanarayana)

Rashtriya Colliery Mazdoor Sangh (INTUC),

Rajkumar Complex, Saibaba Temple Road,

Jaffar Nagar, Mancherial-504209.

…Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Ltd.,

Mandamarri Area, Mandamarri (P.O.)

Adilabad district –504 231.

…Respondent

Appearances:

For the Petitioner :

Sri Sangars Bhagawanth Rao, Advocate

For the Respondent : M/s. P.A.V.V.S. Sarma & Vijaya Laxmi P., Advocates

AWARD

This is a reference issued by the Government of India, Ministry of Labour and Employment,

New Delhi vide order No.L-22012/93/ 2015 -IR(CM-II) dated 23.12.2015 whereunder this Tribunal is required

to adjudicate the dispute i.e.,

“Whether the action of the General Manager, M/s. Singareni Collieries Company Ltd., Mandamarri

Area, Mandamarri, Adilabad Distt. in terminating the services of Sri Lingala Venkateshwarlu, Ex-

Coal Filler, Kasipeta Mine, SCCL, Mandamarri Area, with effect from 28.10.2004 is justified or not?

If not, to what relief the applicant is entitled for?’’

After receiving the above said reference this Tribunal registered the case as I D No. 5/2016 and issued

notices to both the parties and secured their presence.

2196 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

The Petitioner Union filed claim statement with the averments in brief as follows:

It is submitted in the representation of the Petitioner Union that, the workman Sri Lingala

Venkateshwarlu was initially appointed as a Badli Coal Filler on 9.6.1988. He was regular to his duties and

performing his duties upto the satisfaction of all his superiors. While so, during the year 2002, the workman

suffered ill-health as a result of which, he could not be regular to his duties during the year 2002. While the

matters stood thus, he was issued with a charge sheet alleging that the workman remained absent during the

year 2002, which amounts to misconduct under company’s Standing Order No. 25.25. Subsequently, one

enquiry was conducted and the Workman was not given any opportunity much less valid in nature to put forth

his grievances. Basing on such lopsided enquiry, the Enquiry Officer held the charges as proved, and basing on

the erroneous findings of the Enquiry Officer, the Workman was dismissed from service vide office order dated

25.4.2004. It is stated that the Workman has categorically stated about his inability to perform his duties

regularly during the year 2002, which was only on account of his ill-health and other family problems. But

without considering any of his submissions, the Workman was dismissed from service. It is also stated that the

action of the Respondent’s management in dismissing the Workman from service is wholly illegal, arbitrary,

violative of the principles of natural justice. The Workman has rendered 16 years of continuous service in the

Respondent’s management. The Workman approached the Respondent to consider his case sympathetically,

but the Respondent management did not pay any heed to it. Therefore, the Workman was constrained to

approach this Tribunal to declare the impugned order issued by the Respondent is illegal and arbitrary and to set

aside the same and consequently to direct the Respondent to reinstate the Workman into service duly granting

all other attendant benefits such as continuity of service, and back wages etc..

Respondent filed counter with the averments in brief as follows:

In the counter the Respondent while admitting some of the factual aspects to be true, stated that the

Workman was appointed in the Respondent’s organization on 9.8.1988 as a Badli Filler and later promoted as a

Coal Filler. He was dismissed from service on proved charges of absenteeism, after conducting a detailed

domestic enquiry duly following the principles of natural justice. The Workman attended the enquiry, which

was conducted purely following the principles of natural justice. It is stated that basing on the evidence

adduced before the Enquiry Officer, the Enquiry Officer submitted his report holding the charges levelled

against the Workman was proved for his unauthorized absence in the year 2001 but not for the year 2002 as per

the averments made in the claim statement by the Petitioner. A copy of the enquiry report and the enquiry

proceeding was sent to the Workman by way of show cause notice giving him an opportunity to make

representation against the findings of the enquiry report; since the charge levelled against the Workman is

proved and it was serious in nature, punishment warranted was dismissal from service. The Disciplinary

Authority has gone through the enquiry proceeding and his past record and found that there was no extenuating

circumstances to take a lenient view, and lastly, the Respondent was constrained to dismiss the Workman from

service. It is stated that in fact the Workman was irregular to his duties and he did not improve his attendance

even after issuing charge sheet to him, and after receiving the show cause notice. It is further stated that the

punishment imposed on the Workman is justified and legal and as such the claim petition is liable to be

dismissed in limini.

In view of the memo filed by the Learned Counsel for the Petitioner conceding the validity of the

domestic enquiry conducted by the Respondent, the domestic enquiry conducted by the Respondent is held

legal and valid vide order dated 9.9.2019.

Both the parties have advanced their arguments under Sec.11(A) of the Industrial Disputes Act, 1947,

in support of their claim.

In view of the above facts, the points for determination are:

Whether the action of the management of M/s. Singareni Collieries Company Ltd., in imposing the

punishment of dismissal from service to Sri Lingala Venkateshwarlu is legal and justified?

II.

Whether the Workman is entitled for reinstatement into service?

III.

If not, to what other relief he is entitled?

Point No.I: During the course of argument, the Learned Counsel appearing on behalf of the

Workman argued that, during the year 2001/2002, the workman suffered ill-health. Even in his show cause the

Workman has mentioned the above fact, but it has not been considered during the course of the enquiry and on

account of absenteeism capital punishment of dismissal from service was imposed on the workman. When the

Workman has taken a stand that due to his illness and other family problems he could not be able to attend his

duties regularly and remained absent, the authority should have considered his case while imposing capital

punishment. But, the authority has not considered any of the submissions of the Workman, and has given

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2197

capital punishment to the Workman when several modes of punishment are enumerated in the company’s

Standing Orders.

On the other hand, the Learned Counsel appearing on behalf of the Respondent argued that when the

Workman was a chronic absentee and was found guilty of the charges levelled against him, the punishment

imposed by the Respondent’s company is legal and proper. When the Workman was not sincere in his duty and

failed to maintain minimum musters in a year he is not entitled to be reinstated into service.

Admittedly, working in the Mines is hazardous and remaining absent is not unusual. In this case, due

to the ill-health of the workman and other family problems, the Workman could not be able to regular in his

duty, the Workman has remained absent in his duties and a proceeding was initiated against him for his

absenteeism followed by an enquiry. In the enquiry, the charges levelled against the Workman were proved.

For this, capital punishment was imposed on the workman. After dismissal of service, the Workman has

become jobless and unable to provide a square meal to his family members. He has already realised his mistake

and has taken shelter in the court at the age of 47 years, he is now aged about 52 years and is searching ways

and means to provide bread and butter to his family members. When the Workman being an able bodied and

energetic man and has already realised his mistake and is coming forward to work under the Respondent,

atleast one chance should be given to him for his reinstatement into service at the end of his service period.

Admittedly several modes of punishment are enumerated in company’s Standing Orders. Though the Workman

is a first offender and has worked for about 16 years under the Respondent, while imposing capital punishment

to his employees, the management should think of the condition of the workers as well as his family members.

In this case, the punishment imposed by the Respondent management for dismissal of service is too harsh.

Therefore, it can safely be stated that the action taken by the management in imposing the punishment of

dismissal from service to Sri Lingala Venkateshwarlu is not legal and justified.

Thus, Point No.I is answered accordingly.

10.

Point Nos. II & III: In Point No.I, it has already been discussed that the punishment of dismissal from

service to Sri Lingala Venkateshwarlu is not legal and justified. After dismissal of service as stated earlier,

when the Workman has already realised his mistake and has come to the court with a prayer for reinstatement

into service he should be given a chance to serve for his family members. After dismissal of service the

Workman has become jobless and he being the sole bread earner of his family, is unable to provide a square

meal to his family members. In such a circumstances atleast the Workman should be given a chance to

maintain his livelihood and to work under the Respondent’s management. But in this case, the Workman has

not come to the court soon after his dismissal of service. Therefore, in the opinion of this Tribunal the

Workman is not entitled to get all the relief as claimed in his claim petition. But he is only entitled to be given a

chance to work in the Respondent’s management.

Thus, Point Nos. II & III are answered accordingly.

RESULT:

In the result, the action of the Chief General Manager, M/s. Singareni Collieries Company Ltd.,

Mandamarri Area, Adilabad Dist., in terminating the services of Sri Lingala Venkateshwarlu, Ex-Coal Filler,

Kasipeta Mine, SCCL, Mandamarri Area, with effect from 28.10.2004 is not justified and is hereby set aside.

It is ordered that the workman be taken into service as a fresh employee i.e., Badli filler in Cat.I, on initial basic

pay without back wages and continuity of service, subject to medical fitness by company Medical Board and the

workman be kept under probation for a period of one year. The management is also directed to take an

undertaking of good behaviour from the workman at the time of his posting.

The Workman cannot claim for his posting in the same place, where he was last employed. The

workman shall have to maintain either minimum mandatory 20 musters every month or 190 musters in a year

and the management shall have the right to review the work of the workman in every three months. In the

event of any short fall of attendance during the period of the three months, the service of the workman shall not

be terminated and he will be cautioned to improve his performance by issuing him a warning letter. However,

in the event of any shortfall of attendance during one year of service of the workman, he will be terminated

from service without any further notice and enquiry and in the event of completion of one year of probation

satisfactorily, the workman is to continue in service till the age of attaining superannuation. The management

shall consider any forced absenteeism on account of Mine accidents/ Natural disasters, taking treatment in the

company’s hospital, as attendance. All other usual terms and conditions of appointment will be applicable i.e.,

transfer, hours of work, day of rest, holidays etc.. to the workman for his appointment afresh and as such the

reference is answered accordingly. So also the, award is passed accordingly. Transmit.

2198 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

Typed to my dictation by Smt. P. Phani Gowri, Personal Assistant and corrected by me on this the

13^th day of March, 2020.

MURALIDHAR PRADHAN, Presiding Officer

Appendix of evidence

Witnesses examined for the

Workman

Respondent

NIL

Documents marked for the Workman

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 14 vxLr] 2020

.—vkS|ksfxd fookn vf/kfu;e] 1947 ¼1947 dk 14½ dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

ljdkj esllZ हसंगारेनी कोतलयरीज कंपनी तलतमटेड ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k–सह-Je U;k;ky;] हैिराबाि ds iapkV

¼lanHkZ la[;k 36/2016½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 07-07-2020 dks izkIr gqvk FkkA

[la- ,y-22012@32@2016-vkbZvkj ¼lh,e-2½]

jktsUnz flag] MsLd vf/kdkjh@vuqHkkx vf/kdkjh

New Delhi, the 14th August, 2020

S. O. 706.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 36/2016) of the Cent.Govt.Indus.Tribunal-cum-Labour

Court, Hyderabad as shown in the Annexure, in the industrial dispute between the management of

M/s. Singareni Collieries Company Ltd., and their workmen, received by the Central Government on

07.07.2020.

[No. L-22012/32/2016-IR(CM-II)]

RAJENDER SINGH, Desk Officer/Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

Present: Sri Muralidhar Pradhan, Presiding Officer

Dated the 13^th day of March, 2020

INDUSTRIAL DISPUTE No. 36/2016

Between:

Sri Pasham Nageswara Rao,

H.No. 22-2-103, Subhashnagar,

Basthi, Bellampalli

Adilabad Distt.

Adilabad – 504251.

…Petitioner

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2199

AND

The General Manager,

M/s. Singareni Collieries Company Ltd.,

Bhupalapalli Area, Bhupalapalli(P.O.)

Warangal district – 506 169

…Respondent

Appearances:

For the Petitioner : M/s. A. Sarojana, K. Vasudeva Reddy & B. Kiran Kumar, Advocates

For the Respondent : M/s. P.A.V.V.S. Sarma, P. Vijaya Laxmi & Dasaradha Ramulu, Advocates

AWARD

This is a reference issued by the Government of India, Ministry of Labour and Employment,

New Delhi vide order No.L- 22012/32/2016-IR(CM-II) dated 15.7.2016 whereunder this Tribunal is required to

adjudicate the dispute i.e.,

“Whether the action of the General Manager, M/s. Singareni Collieries Company Ltd., Mandamarii

Area, Warangal Distt., in terminating the services of Sri Pasham Nageswara Rao, Coal Filler, KTK-5

Inc., SCCL, Bhupalapalli Area with effect from 1.9.2006 is justified or not? If not, to what relief the

applicant is entitled for?’’

After receiving the above said reference this Tribunal registered the case as I D No. 36/2016 and issued

notices to both the parties and secured their presence.

The Petitioner filed claim statement with the averments in brief as follows:

The workman Sri Pasham Nageswara Rao was initially appointed on 3.1.1986 as a Badli Filler and

later he was promoted as Coal Filler. He was regular to his duties and performing his duties upto the

satisfaction of all his superiors. While so, he could not be regular to his duties during the year 2003, due to

death of his mother in the year 2003, demise of his father in the year 2004 and his brother in the year 2005, and

his ill-health as he suffered from nerves problems and speech problem. While the matters stood thus, a charge

sheet dated 12.7.2004 was issued to him by the Respondent alleging that the Workman absented for duty during

the year 2003, which amounts to misconduct under company’s Standing Order No.25.25. The workman could

not submit his explanation to the charge sheet nor participated in the enquiry, wherein the Workman was not

given any opportunity much less valid in nature to put forth his grievances. Basing on such lopsided enquiry,

the Enquiry Officer held the charges as proved, and basing on the erroneous findings of the Enquiry Officer, the

Workman was dismissed from service through proceeding dated 28/30.8.2006 with effect from 1.9.2006. It is

stated that during the course of the enquiry the Workman has categorically stated about his inability to perform

his duties regularly during the year 2003, which was only on account of the death of his parents and his brother,

his ill-health and other family problems. But without considering any of his submissions, the Workman was

dismissed from service. It is also stated that the action of the Respondent’s management in dismissing the

Workman from service is wholly illegal, arbitrary, violative of the principles of natural justice. The Workman

has rendered 20 years of continuous service in the Respondent’s management. The Workman approached the

Respondent to consider his case sympathetically, but the management did not pay any heed to it. Therefore, the

Workman was constrained to approach this Tribunal to declare the impugned order issued by the Respondent is

illegal and arbitrary and to set aside the same and consequently to direct the Respondent to reinstate the

Workman into service duly granting all other attendant benefits such as continuity of service, and back wages

etc..

Respondent filed counter with the averments in brief as follows:

In the counter the Respondent while admitting some of the factual aspects to be true, stated that the

Workman was appointed in the Respondent’s company as a Badli Filler on 10.2.1986. He was dismissed from

service on proved charges of absenteeism, after conducting a detailed domestic enquiry duly following the

principles of natural justice. The Workman did not participate in the enquiry, which was conducted purely

following the principles of natural justice. It is stated that basing on the evidence adduced before the Enquiry

Officer, the Enquiry Officer submitted his report holding the charges levelled against the Workman was proved.

A copy of the enquiry report and the enquiry proceeding was sent to the Workman by way of show cause notice

giving him an opportunity to make representation against the findings of the enquiry report; since the charge

levelled against the Workman is proved and it was serious in nature, punishment warranted was dismissal from

service. The Disciplinary Authority has gone through the enquiry proceeding and his past record and found that

there was no extenuating circumstances to take a lenient view and lastly, the Respondent was constrained to

2200 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

dismiss the Workman from service. It is stated that in fact the Workman was irregular to his duties and he did

not improve his attendance even after issuing charge sheet to him, and after receiving the show cause notice. It

is further stated that the punishment imposed on the Workman is justified and legal and as such the claim

petition is liable to be dismissed in limini.

In view of the memo filed by the Learned Counsel for the Petitioner stating therein that the Petitioner

is not interested to prosecute the issue of validity of domestic enquiry conducted by the Respondent, therefore

the validity of domestic enquiry is held as legal and valid vide order dated 3.1.2019.

Both the parties have advanced their arguments under Sec.11(A) of the Industrial Disputes Act, 1947,

in support of their claim.

In view of the above facts, the points for determination are:

Whether the action of the management of M/s. Singareni Collieries Company Ltd., in imposing

the punishment of dismissal from service to Sri Pasham Nageswara Rao is legal and justified?

II.

Whether the Workman is entitled for reinstatement into service?

III.

If not, to what other relief he is entitled?

Point No. I: During the course of argument, the Learned Counsel appearing on behalf of the

Workman argued that due to death of his parents, his brother, his ill-health and other family problems, the

Workman could not be able to attend his duty sincerely. Even in his show cause the Workman has mentioned

the above fact, but it has not been considered during the course of the enquiry and on account of absenteeism

capital punishment of dismissal from service was imposed on the Workman. When the Workman has taken a

stand that due to his illness and other family problems he could not be able to attend his duties regularly and

remained absent, the authority should have considered his case while imposing capital punishment. The

authority has not considered any of the submissions of the Workman, and has given capital punishment to the

Workman when several modes of punishment are enumerated in the company’s Standing Orders.

On the other hand, the Learned Counsel appearing on behalf of the Respondent argued that when the

Workman was a chronic absentee and was found guilty of the charges levelled against him, the punishment

imposed by the Respondent’s company is legal and proper. When the Workman was not sincere in his duty and

failed to maintain minimum musters in a year he is not entitled to be reinstated into service.

Admittedly, working in the Mines is hazardous and remaining absent is not unusual. In this case, due

to the death of his mother in the year 2003, demise of his father in the year 2004 and his brother in the year

2005, and Petitioner’s ill-health who suffered from nerves problems and speech problem, he [the Workman]

could not be able to be regular in his duty, ultimately the Workman has remained absent in his duties and a

proceeding was initiated against him for his absenteeism followed by an enquiry. In the enquiry, the charges

levelled against the Workman were proved. For this, capital punishment was imposed on the workman. After

dismissal of service, the Workman has become jobless and unable to provide a square meal to his family

members. He has already realised his mistake and has taken shelter in the court at the age of 55 years, he is

now aged about 59 years and has already attained the age of superannuation, and at this age he is searching

ways and means to provide bread and butter to his family members. In such a circumstances, atleast one chance

should be given to him for his reinstatement into service in order to get all his terminal benefits. Admittedly

several modes of punishment are enumerated in company’s Standing Orders. But the management decided to

impose capital punishment. The Petitioner is a first offender and has worked for about twenty years under the

Respondent. While imposing capital punishment to his employees, the management should think of the

condition of the workers as well as his family members. In this case, the punishment imposed by the

Respondents for dismissal of service is too harsh and is not proper. Therefore, it can safely be stated that the

action taken by the management in imposing the punishment of dismissal from service to Sri Pasham

Nageswara Rao is not legal and justified.

Thus, Point No.I is answered accordingly.

10.

Point Nos. II & III: In Point No.I, it has already been discussed that the punishment of dismissal from

service to Sri Pasham Nageswara Rao is not legal and justified. After dismissal of service as stated earlier, when

the Petitioner has already realised his mistake and has come to the court with a prayer for reinstatement into

service he should be given a chance to serve for his family members. After dismissal of service the Petitioner

has become jobless and he being the sole bread earner of his family, is unable to provide a square meal to his

family members. In such a circumstances, the Petitioner should be given a chance to maintain his livelihood

and to work under the Respondents’ management. But unfortunately, during the pendency of this case the

Petitioner has attained the age of superannuation. So, question of rendering any service to the Respondents is

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2201

not expected from the Petitioner. But only he is to be reinstated into service to get all his service benefit and

also entitled to get 30% of back wages.

Thus, Point Nos. II & III are answered accordingly.

RESULT:

In the result, the action of the General Manager, M/s. Singareni Collieries Company Ltd., Mandamarii

Area, Adilabad Distt., in terminating the services of Sri Pasham Nageswara Rao, Coal Filler, KTK-5 Inc.,

SCCL, Bhupalapalli Area with effect from 1.9.2006 is not justified. Proceeding No. BHP/PER/20-D/3356 dated

28/30.8.2006 issued by the Respondent is declared as illegal and the same is hereby set aside. It is ordered that

the workman Sri Pasham Nageswara Rao be reinstated in service only to get all his terminal benefits. He is

entitled to get 30% of back wages. The Respondents are directed to give all the terminal benefits along with

30% of back wages to the Petitioner after four months of receipt of this order, failing which the Petitioner is at

liberty to recover the same through the process of law.

Award is passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri, Personal Assistant and corrected by me on this the

13^th day of March, 2020.

MURALIDHAR PRADHAN, Presiding Officer

Appendix of evidence

Witnesses examined for the

Workman

Respondent

NIL

Documents marked for the Workman

NIL

Documents marked for the Respondent

NIL

ubZ fnYyh] 14 vxLr] 2020

.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

ljdkj esllZ हसंगारेनी कोतलयरीज कंपनी तलतमटेड ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k

esa fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k–सह-Je U;k;ky;] हैिराबाि ds iapkV

¼lanHkZ la[;k 66@2015½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 07-07-2020 dks izkIr gqvk FkkA

[la- ,y-22012@49@2015-vkbZvkj ¼lh,e-2½]

jktsUnz flag] MsLd vf/kdkjh@vuqHkkx vf/kdkjh

New Delhi, the 14th August, 2020

S. O. 707.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 66/2015) of the Cent.Govt.Indus.Tribunal-cum-Labour

Court, Hyderabad as shown in the Annexure, in the industrial dispute between the management of

M/s. Singareni Collieries Company Ltd., and their workmen, received by the Central Government on

07.07.2020.

[No. L-22012/49/2015-IR(CM-II)]

RAJENDER SINGH, Desk Officer/Section Officer

2202 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

Present: Sri Muralidhar Pradhan, Presiding Officer

Dated the 24^th day of February, 2020

INDUSTRIAL DISPUTE No. 66/2015

Between:

Sri Bogiri Mallian,

H.No. 2-4/1, Manthani (V) & (M)-505184

Karimnagar Dist.

...Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Ltd.,

Ramagundam-I Area, Godavarikhani-505 209.

…Respondent

Appearances:

For the Petitioner :

None

For the Respondent :

M/s. Nandigam Krishna Rao, N.S. Pattabhi Rama Rao & N. Dasaradha Ramulu,

Advocates

AWARD

The Government of India, Ministry of Labour by its order No. L-22012/49/2015-IR(CM-II) dated

29.7.2015 referred the following dispute between the management of M/s. Singareni Collieries Company Ltd.,

and their workman under section 10(1)(d) of the I.D. Act, 1947 for adjudication to this Tribunal. The reference

is,

SCHEDULE

“Whether the action of the General Manager, M/s. Singareni Collieries Company Ltd., Ramagundam-I

Area, Godavarikhani, Karimnagar Dist., in terminating the services of Sri Bogiri Mallaiah, Ex- CF,

GDK-11A Inc., SCCL Ramagundam-I Area, Godavarikhani with effect from 10.9.2001 is justified or

not? If not, to what relief the applicant is entitled for?”

The reference is numbered in this Tribunal as I.D. No. 66/2015 and notices were issued to the parties

concerned.

The case was posted for filing of claim statement by the Petitioner but, notices served on the

Petitioner returned unserved. Non appearance of the Petitioner and non taking of any steps to pursue his case

clearly indicates that perhaps the Petitioner is not interested to pursue his case. In the circumstances stated

above, it is not desirable to linger the case to date to date awaiting the appearance of the Petitioner. Hence, the

case of the Petitioner workman is closed and a ‘No dispute’ award is passed.

Award is passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri, Personal Assistant and corrected by me on this the

24^thday of February, 2020.

MURALIDHAR PRADHAN, Presiding Officer

Appendix of evidence

Witnesses examined for the

Petitioner

Respondent

NIL

Documents marked for the Petitioner

NIL

Documents marked for the Respondent

NIL

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2203

ubZ fnYyh] 14 vxLr] 2020

.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;

ljdkj esllZ हसंगारेनी कोतलयरीज कंपनी तलतमटेड ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa

fufnZ’V vkS|ksfxd fookn esa dsUnzh; ljdkj vkS|ksfxd vf/kdj.k–सह-Je U;k;ky;] हैिराबाि ds iapkV

¼lanHkZ la[;k 37/2016½ dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 07-07-2020 dks izkIr gqvk FkkA

[la- ,y-22012@31@2016-vkbZvkj ¼lh,e-2½]

jktsUnz flag] MsLd vf/kdkjh@vuqHkkx vf/kdkjh

New Delhi, the 14th August, 2020

S. O. 708.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award (Ref. No. 37/2016) of the Cent.Govt.Indus.Tribunal-cum-Labour

Court, Hyderabad as shown in the Annexure, in the industrial dispute between the management of

M/s. Singareni Collieries Company Ltd., and their workmen, received by the Central Government on

07.07.2020.

[No. L-22012/31/2016-IR(CM-II)]

RAJENDER SINGH, Desk Officer/Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

Present: Sri Muralidhar Pradhan, Presiding Officer

Dated the 6^th day of July, 2020

INDUSTRIAL DISPUTE No. 37/2016

Between:

Sri Mukkera Mallesh,

H.No.1-45,Batwanpalli,

P.O.& Mandal: Bellampalli

Adilabad Distt.

Adilabad – 504251

…Petitioner

AND

The General Manager,

M/s. Singareni Collieries Company Ltd.,

Mandamarri Area, Mandamarri (P.O.)

Adilabad district – 504231.

… Respondent

Appearances:

For the Petitioner : M/s. A. Sarojana & K. Vasudeva Reddy, Advocates

For the Respondent : M/s. P. A.V.V.S. Sarma, P. Vijaya Laxmi & Dasaradha Ramulu, Advocates

AWARD

This is a reference issued by the Government of India, Ministry of Labour and Employment,

New Delhi vide order No.L- 22012/31/2016-IR(CM-II) dated 15.7.2016 whereunder this Tribunal is required to

adjudicate the dispute i.e.,

“Whether the action of the General Manager, M/s. Singareni Collieries Company Ltd., Mandamarii

Area, Adilabad Distt., in terminating the services of Sri Mukkera Mallesh, Coal Filler, MK-4 Inc.,

SCCL, Mandamarri Area with effect from 12.2.2008 is justified or not? If not, to what relief the

applicant is entitled for?

After receiving the above said reference this Tribunal registered the case as I D No. 37/2016and issued

notices to both the parties and secured their presence.

2204 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

The Petitioner filed claim statement with the averments in brief as follows:

The workman Sri Mukkera Mallesh was initially appointed in the year 1986 as Badli Filler and later he

was promoted as Coal Filler. He was regular to his duties and performing his duties upto the satisfaction of all

his superiors. While so, he could not be regular to his duties during the year 2005 due to his ill-health, death of

his parents in the year 2004 and other family problems. While the matters stood thus, a charge sheet dated

25.2.2006 was issued to him by the Respondent alleging that the Workman absented for duty during the year

2004, which amounts to misconduct under company’s Standing Order No.25.25. The workman submitted

explanation to the charge sheet and participated in the enquiry, wherein the Workman was not given any

opportunity much less valid in nature to put forth his grievances. Basing on such lopsided enquiry, the Enquiry

Officer held the charges as proved, and basing on the erroneous findings of the Enquiry Officer, the Workman

was dismissed from service through proceeding dated 6.2.2008 with effect from 12.2.2008. It is stated that

during the course of the enquiry the Workman has categorically stated about his inability to perform his duties

regularly during the year 2005, which was only on account of death of his parents, his ill-health and other

family problems. But without considering any of his submissions, the Workman was dismissed from service. It

is also stated that the action of the Respondent’s management in dismissing the Workman from service is wholly

illegal, arbitrary, violative of the principles of natural justice. The Workman has rendered 19 years of

continuous service in the Respondent’s management. The Workman approached the Respondent to consider his

case sympathetically, but the management did not pay any heed to it. Therefore, the Workman was constrained

to approach this Tribunal to declare the impugned order issued by the Respondent is illegal and arbitrary and to

set aside the same and consequently to direct the Respondent to reinstate the Workman into service duly

granting all other attendant benefits such as continuity of service, and back wages etc..

Respondent filed counter with the averments in brief as follows:

In the counter the Respondent while admitting some of the factual aspects to be true, stated that the

Workman was appointed in the Respondent’s company as a Badli Filler. He was dismissed from service on

proved charges of absenteeism, after conducting a detailed domestic enquiry duly following the principles of

natural justice. The Workman participated in the enquiry, which was conducted purely following the principles

of natural justice. It is stated that basing on the evidence adduced before the Enquiry Officer, the Enquiry

Officer submitted his report holding the charges levelled against the Workman was proved. A copy of the

enquiry report and the enquiry proceeding was sent to the Workman by way of show cause notice giving him an

opportunity to make representation against the findings of the enquiry report; since the charge levelled against

the Workman is proved and it was serious in nature, punishment warranted was dismissal from service. The

Disciplinary Authority has gone through the enquiry proceeding and his past record and found that there was no

extenuating circumstances to take a lenient view and lastly, the Respondent was constrained to dismiss the

Workman from service. It is stated that in fact the Workman was irregular to his duties and he did not improve

his attendance even after issuing charge sheet to him, and after receiving the show cause notice. It is further

stated that the punishment imposed on the Workman is justified and legal and as such the claim petition is liable

to be dismissed in limini.

In view of the memo filed by the Learned Counsel for the Petitioner stating therein that the Petitioner

is not pressing the issue of validity of domestic enquiry conducted by the Respondent, the validity of domestic

enquiry is held as legal and valid vide order dated 3.1.2019.

Both the parties have advanced their arguments under Sec.11(A) of the Industrial Disputes Act, 1947,

in support of their claim.

In view of the above facts, the points for determination are:

Whether the action of the management of M/s. Singareni Collieries Company Ltd., in imposing

the punishment of dismissal from service to Sri Mukkera Mallesh is legal and justified?

II.

Whether the Workman is entitled for reinstatement into service?

III.

If not, to what other relief he is entitled?

Point No.I: During the course of argument, the Learned Counsel appearing on behalf of the Workman

argued that due to death of his parents, his ill-health and other family problems, the Workman could not be able

to attend his duty sincerely. Even in his show cause the Workman has mentioned the above fact, but it has not

been considered during the course of the enquiry and on account of absenteeism capital punishment of dismissal

from service was imposed on the Workman. When the Workman has taken a stand that due to his illness and

other family problems he could not be able to attend his duties regularly and remained absent, the authority

should have considered his case while imposing capital punishment. The authority has not considered any of

the submissions of the Workman, and has given capital punishment to the Workman when several modes of

punishment are enumerated in the company’s Standing Orders.

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2205

On the other hand, the Learned Counsel appearing on behalf of the Respondent argued that when the

Workman was a chronic absentee and was found guilty of the charges levelled against him, the punishment

imposed by the Respondent’s company to be held is legal and proper. When the Workman was not sincere in

his duty and failed to maintain minimum musters in a year he is not entitled to be reinstated into service.

Admittedly, working in the Mines is hazardous and remaining absent is not unusual. In this case, due

to his illness and other family problems, the Workman could not be able to be regular in his duty, the

Workman has remained absent in his duties and a proceeding was initiated against him for his absenteeism

followed by an enquiry. In the enquiry, the charges levelled against the Workman were proved. For this, capital

punishment was imposed on the workman. After dismissal of service, the Workman has become jobless and is

unable to provide a square meal to his family members. He has already realised his mistake and has taken

shelter in the court at the age of 56 years, he is now aged about 60 years and has already attained the age of

superannuation, and at this age he is searching ways and means to provide bread and butter to his family

members. In such a circumstances, atleast one chance should be given to him for his reinstatement into service

in order to get all his terminal benefits. Admittedly several modes of punishment are enumerated in company’s

Standing Orders. But the management decided to impose capital punishment. The Petitioner is a first offender

and has worked for about twenty two years under the Respondent. While imposing capital punishment to his

employees, the management should think of the condition of the workers as well as his family members. In this

case, the punishment imposed by the Respondents for dismissal of service is too harsh and is not proper.

Therefore, it can safely be stated that the action taken by the management in imposing the punishment of

dismissal from service to Sri Mukkera Mallesh is not legal and justified.

Thus, Point No. I is answered accordingly.

10.

Point Nos. II & III: In Point No.I, it has already been discussed that the punishment of dismissal from

service to Sri Mukkera Mallesh is not legal and justified. After dismissal of service as stated earlier, when the

Petitioner has already realised his mistake and has come to the court with a prayer for reinstatement into service

he should be given a chance to serve for his family members. After dismissal of service the Petitioner has

become jobless and he being the sole bread earner of his family, is unable to provide a square meal to his

family members. In such a circumstances, the Petitioner should be given a chance to maintain his livelihood

and to work under the Respondents’ management. But unfortunately, during the pendency of this case the

Petitioner has attained the age of superannuation. So, question of rendering any service to the Respondent is

not expected from the Petitioner. But only in this case the Petitioner is to be reinstated into service to get all his

service benefit and also entitled to get 30% of back wages.

Thus, Point Nos. II & III are answered accordingly.

RESULT:

In the result, the action of the General Manager, M/s. Singareni Collieries Company Ltd., Mandamarii

Area, Adilabad Distt., in terminating the services of Sri Mukkera Mallesh, Coal Filler, MK-4 Inc., SCCL,

Mandamarri Area with effect from 12.2.2008 is not justified. Proceeding No. MMR/PER/D/072/ 08/766 dated

6.2.2008 issued by the Respondent is declared as illegal and the same is hereby set aside. It is ordered that the

workman Sri Mukkera Mallesh be reinstated in service only to get all his terminal benefits. He is entitled to get

30% of back wages. The Respondents are directed to give all the terminal benefits along with 30% of back

wages to the Petitioner after four months of this order, failing which the Petitioner is at liberty to recover the

same through the process of law.

Award is passed accordingly. Transmit.

Typed to my dictation by Smt. P. Phani Gowri, Personal Assistant and corrected by me on this the

6^th day of July, 2020.

MURALIDHAR PRADHAN, Presiding Officer

Appendix of evidence

Witnesses examined for the

Workman

Respondent

NIL

Documents marked for the Workman

NIL

Documents marked for the Respondent

NIL

2206 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

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New Delhi, the 14th August, 2020

S. O. 709.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central

Government hereby publishes the Award ( Ref. No. LC 149/2013) of the Cent.Govt.Indus.Tribunal-cum-Labour

Court, Hyderabad as shown in the Annexure, in the industrial dispute between the management of

M/s. Singareni Collieries Company Ltd., and their workmen, received by the Central Government on

07.07.2020.

[No. L-22013/01/2020-IR(CM-II)]

RAJENDER SINGH, Desk Officer/Section Officer

ANNEXURE

IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AT

HYDERABAD

Present: Sri Muralidhar Pradhan, Presiding Officer

Dated the 19^th day of February, 2020

INDUSTRIAL DISPUTE L.C.No. 149/2013

Between:

Sri D. Vijaya Kumar,

S/o Late D. Veera Reddy,

R/o Qtr No.1296, Narsapur Colony,

CCC Post, Mancherial.

…Petitioner

AND

The General Manager,

The Singareni Collieries Company Ltd.,

Srirampur, Kothagudem (Post)

Khammam District – A.P.

…Respondent

Appearances:

For the Petitioner : M/s. V.S. Sudhakar, Advocates

For the Respondent : M/s. P.A.V.V.S. Sarma & Vijayalaxmi Panguluri, Advocates

AWARD

Sri D. Vijay Kumar who worked as a Badli Filler (who will be referred to as the workman) has filed

this petition under Sec. 2A(2) of the Industrial Disputes Act, 1947 against the Respondents M/s. Singareni

Collieries Company Ltd., seeking for declaring the dismissal order dated 15.11.2011 issued by the Respondent

as illegal, arbitrary and to set aside the same consequently directing the Respondent to reinstate the Petitioner

into service duly granting all the consequential benefits such as continuity of service, back wages and all other

attendant benefits etc., and such other reliefs as this court may deems fit.

The averments made in the petition in brief are as follows:

The Petitioner was initially appointed as a badli filler in the year 2008, after his father’s death in the

year 2005. It is submitted that the Petitioner had completed ITI Electrician from Krishi ITI College,

Mancherial and also holds valid driving license of LMV and the said fact was brought to the knowledge of the

[भाग II—खण् ड3(ii)]

भारत का राजपत्र : अगस् त 22, 2020/श्रावण 31, 1942

2207

Respondent company as the Petitioner was unable to perform the present job. The Petitioner has worked for

four months and later because of heavy underground physical work as well as lack of knowledge, he was

hospitalized. Later, the Petitioner had explained his weakness to the management and requested to change the

nature of work from badly worker to electrician work as he is a qualified worker or provide an opportunity in

vehicle driving as he holds a valid driving license. It is submitted that, after submission of the above request he

stayed at home, as the Respondent management has assured that they will inform him about the change, in the

nature of work. Even after more than 8 months when there was no response from the management side he

approached the management and the management send him for medical examination on 17.11.2011 and found

that this Petitioner is fit to do work from 17.11.2011. Later he was waiting eagerly for an alternate job in the

Respondent’s company but the Respondent management without giving any opportunity, has initiated ex-parte

proceedings by publishing in Sakshi Newspaper by appointing an Enquiry Officer. Basing on such lopsided

enquiry, the Enquiry Officer held the charges as proved and basing on the erroneous findings of the Enquiry

Officer, the Petitioner was dismissed from service vide office order dated 15.11.2011. But without considering

any of his submissions, the Petitioner was dismissed from service. It is also stated that the action of the

Respondent’s management in dismissing the Petitioner from service is wholly illegal, arbitrary, violative of the

principles of natural justice. The Petitioner has rendered three years of continuous service in the Respondent’s

management till his dismissal from service. The Petitioner approached the Respondent to consider his case

sympathetically, but the management did not pay any heed to it. Therefore, the Petitioner was constrained to

approach this Tribunal to declare the impugned order dated 15.11.2011 issued by the Respondent is illegal and

arbitrary and to set aside the same and consequently to direct the Respondents to reinstate the Petitioner into

service duly granting all other attendant benefits such as continuity of service, back wages etc..

The Respondent filed counter denying the averments made in the petition, with the averments in

brief which runs as follows:

In the counter the Respondent while admitting some of the factual aspects of the case to be true, stated

that the Petitioner was appointed in the Respondent’s company on 13.8.2008 as a Badli Coal Filler. He was

dismissed from service on proved charges of absenteeism, after conducting a detailed domestic enquiry duly

following the principles of natural justice. The Petitioner did not attend the dates fixed for the enquiry. He was

given full, fair and reasonable opportunity to defend himself in the enquiry. The enquiry was conducted purely

following the principles of natural justice. It is stated that basing on the evidence adduced before the Enquiry

Officer, the Enquiry Officer submitted his report holding the charges levelled against the Petitioner was proved.

A copy of the enquiry report and the enquiry proceeding was sent to the Petitioner by way of show cause notice

giving him an opportunity to make representation against the findings of the enquiry report; since the charge

levelled against the Petitioner is proved and it was serious in nature, punishment warranted was dismissal from

service. The Disciplinary Authority has gone through the enquiry proceeding and his past record and found that

there was no extenuating circumstances to take a lenient view and lastly, the Respondent was constrained to

dismiss the Petitioner from service. It is stated that in fact the Petitioner was irregular to his duties and he did

not improve his attendance even after issuing charge sheet to him, and after receiving the show cause notice. It

is further stated that the punishment imposed on the Petitioner is justified and legal and as such the claim

petition is liable to be dismissed in limini.

In view of the memo filed by the Learned Counsel for the Petitioner not to dispute the validity of the

domestic enquiry conducted by the Respondent, the domestic enquiry conducted by the Respondent

management is held as legal and valid vide order dated 30.1.2018.

Both the parties have advanced their arguments U/s.11A of the Industrial Disputes Act, 1947 in

support of their claim.

In view of the above facts, the points for determination are:

Whether the action of the management of M/s. Singareni Collieries Company Ltd., in imposing the

punishment of dismissal from service to Sri D. Vijay Kumar is legal and justified?

II.

Whether the Petitioner is entitled for reinstatement into service?

III.

If not, to what other relief the Petitioner is entitled?

Point No. I: During the course of argument, the Learned Counsel appearing on behalf of the

Petitioner submitted that due to his illness, the Petitioner could not be able to attend his duty sincerely and also

awaited for reply from the Respondent for consideration of his request regarding change in the nature of duties.

Even in his show cause the Petitioner has mentioned the above facts but it has not been considered during the

course of the enquiry and on account of absenteeism capital punishment of dismissal from service was imposed

on the Petitioner. When the Petitioner has taken a stand that due to his inability to perform duty as Badli Filler

and requested to change his nature of duties to that of a Driver or an Electrician, he could not be able to attend

his duties regularly and remained absent, but in such a case, the authority should have considered his case while

2208 THE GAZETTE OF INDIA : AUGUST 22, 2020/SRAVANA 31, 1942

[PART II—SEC. 3(ii)]

imposing capital punishment. But the authority has not considered any of the submissions of the Petitioner, and

has imposed capital punishment to the Petitioner when several modes of punishment are enumerated in the

company’s Standing Orders.

On the other hand, the Learned Counsel appearing on behalf of the Respondent submitted that when

the Petitioner was a chronic absentee and was found guilty of the charges levelled against him, the punishment

imposed by the Respondent’s company is legal and proper. When the Petitioner was not sincere in his duty and

failed to maintain minimum musters in a year he is not entitled to be reinstated into service.

Admittedly, working in the Mines is hazardous and remaining absent is not unusual. In this case, due

to his inability to perform duty as Badli Filler and request to change his nature of duties to that of a Driver or an

Electrician, he could not be able to regular in his duty, and remained absent in his duties and also one

proceeding was initiated against him for his absenteeism followed by an enquiry. In the enquiry, the charges

levelled against the Petitioner were proved. For this, capital punishment was imposed. After dismissal of

service, the Petitioner has become jobless and unable to provide a square meal to his family members. He has

already realised his mistake and has taken shelter in the court at the age of 35 years, he is now aged about

42 years and is searching ways and means to provide bread and butter to his family members. The Petitioner

being an able bodied and energetic man has already realised his mistake and is coming forward to the court at

the age of 42 years to work under the Respondent. In such a circumstances, atleast one chance should be given

to him for his reinstatement into service in order to save his family members. Admittedly several modes of

punishment are enumerated in company’s Standing Orders. The Petitioner is a first offender and has worked

about two years under the Respondent. While imposing capital punishment to his employees, the management

should think of the condition of the workers as well as his family members. In this case, the punishment

imposed by the Respondent for dismissal of service of the Petitioner is too harsh. Therefore, it can safely be

stated that the action taken by the management in imposing the punishment of dismissal from service to Sri D.

Vijay Kumar is not legal and justified.

Thus, Point No.I is answered accordingly.

10.

Point Nos. II & III: In Point No.I, it has already been discussed that the punishment of dismissal from

service to Sri D. Vijay Kumar is not legal and justified. After dismissal of service as stated earlier, when the

Petitioner has already realised his mistake and has come to the court with a prayer for reinstatement into service

he should be given a chance to serve for his family members. After dismissal of service the Petitioner has

become jobless and he being the sole bread earner of his family, is unable to provide a square meal to his family

members. In such a circumstances atleast the Petitioner should be given a chance to maintain his livelihood and

to work under the Respondent’s management. But in this case, the Petitioner has not come to the court soon

after his dismissal of service. In the opinion of this Tribunal the Petitioner is not entitled to get all the relief as

claimed in his claim petition. But he is only entitled to be given a chance to work in the Respondent’s

management.

Thus, Point Nos. II & III are answered accordingly.

ORDER

Proceeding No. SRP/PER/13.008/4149 dated 15.11.2011 issued by Respondent is declared as illegal

and is hereby set aside. It is ordered that the workman Sri D. Vijay Kumar be taken into service as a fresh

employee i.e., Badli filler in Cat.I, on initial basic pay without back wages and continuity of service, subject to

medical fitness by the company Medical Board and the workman be kept under probation for a period of one

year. The management is also directed to take an undertaking of good behaviour from the workman at the time

of his posting.

The Workman can not claim for his posting in the same place, where he was last employed. The