छ.ग. राज्य प्रवासी श्रमिक नीति, 2020 संबंधी

Atal Nagar, the l9th July 2021

NOTIFICATION

No. F l0-7l2 O2)ll6.-With Keeping due respect to the interest, welfare and social security of migrant labours, and in search of registration database to improve the employment and living conditions of migrant labours, the Labour Department of Chhattisgarh has made the Migrant Labour policy, 2020 with due recommendations from various departments such as Panchayat & Rural Development department, Skill Development Authorization, Employment Planning, Industry Planning Department, Health, Financing & Housing, etc. which are as follows:-

1. Introduction

Chhattisgarh is the prime state of natural resources and forest produce. Here livelihood of the residents is the basis of agriculture, forest produce, and wages. In Chhattisgarh, due to the nature of agriculture is limited to single cropping, small marginalised farmers or agricultural labourers migrate to other states.

Efforts are being made by the Government of Chhattisgarh to generate skill enhancement of local youth, employment in the area of agriculture and forest produce and animal husbandry, but labourers migrate to other states in the hope of better employment and higher income. Workers from Chhattisgarh migrate to other states for wage work in areas such as brick making, building consffuction, road construction, domestic work, industry, agriculture, etc. which are of seasonal, casual, or full-time is the character.

Migrant labour is an important foundation of nation-building. The migrant workers have a appropriate participation in the development of.the migrant state and the native state, despite this; the migrant workers have to face exploitation & difficulties in the migrant state.

2. Migration in the current scenario

Presently, the Inter-State Migrant Workmen Act, 1979 is effective to protect the interests of the migrant laborers, in which there is no provision for registration of migrant laborers due to the non-availability of their data. Migrant laborers had been faced with extreme difficulties. In the aforesaid condition, the Government found diffrculties In the event of lockdown during infection of Coronavirus (Covid- l9). In mean time of disterss situation the information of migrant labours of migrant state and migrant labours of native states tackled with diffrculty in providing necessary support and to return to their native, Government had come across with difficulties to establish coordination with the migrant state, which led to difficulty in providing necessary immediate help to the migrant labour.

It is necessary to create a healthy environment in which the labours of Chhattisgarh can work fearlessly in any area of India, wherein the labours can subsistence their livelyhood according to their capacity and opportunities. It is the current need to develop a mutual understanding, for providing the healthy environment and protect the rights of workers, set responsibilities and set up procedures for the states so that in emergency situation, necessary support can be provided to the migrant laborers as well as by better implementation of labor laws, for protection of migrant labows so that their interests can be protected and can be benefited by prevalent scheme for their welfare.

3. Preamble

3. I To create a fearless environment at work so as to ensure dignrty of workers. 3.2 To provice equity and equality of vaues capacity development for migrant labours and providing appropriate oppo(unities of employment at local level.

3.3 To bring ease and smoothness in present prevalent arrangements to increase access to migrant labour. 3.4 To strengthen the management of information and information related to labour.

3.5 To increase participation of the migrant labourers in the development of Chhattisgarh and to formulate a strategy for their welfare and security.

4. Chhattisgarh State's Commitment to Migrant Workers 4.1 To develop awareness and skills of migrant laborers. 4.2 Co-ordination with the States and develop understanding through consultation in the labor force.

4.3 Ensuring the benefits of various schemes and facilities of migrant workers at the workplace

4.4 Protection of rights of women, children, and labourers of the weaker sections at the workplace.

appropriate affangement of a budget for labor welfare.

4.5 Arrangemenl of assistance and information management of migrant workers in emergent situations. 4.6 Providing social security to the migrant laborers and their families.

4.7 Ensuring the rights and facilities of the migrant workers equal to the workers of the migrant state.

5. Goals

5.1 Preparation of survey and reliable databases for all migrant laborers/probable migrant laborers. 5.2 To ensure availability of documents such as identity card, labor registration, bank account, Aadhaar card, etc. to the migrant laborers.

5.3 Identifuing the destinatior/work area of the migrant labor and securing the rights of the workers at the workplace through the memorandum of understanding (M.O.U.) with the respective states.

5.4 To prepare an action plan for welfare of migrant workers by amlyzingon the basis of surveyed data.

5.5 Providing benefits under government or territory outside the state and state,based on eligibility for migrant jobs.

6. Migrant laborers

Such a laborer migrates from his / her place of residence in the inter-state or intra-state voluntarily or through a contractor/agent with a member of the family or whole family or more than one member. The said migration can be of a seasonal, permanent, or temporary nature.

7. Rights of migrant laborers

Under Article 19 of the Constitution, Indian citizens (migrant workers) have the right to.move freely throughout the territory of India. Article 16 of the Constitution provides There shall be equality of opportunity for all citizens in matters relating to employment. Interpretation by the Supreme Court for Article 21 of the Constitution describes Protection oflife and personal liberty No person shall be deprived ofhis life or personal liberty except according to procedure established by law so that human dignity can be adopted as an essential component for the right to life.

Protection of the following workers in migrant laborers: -

7.1 Freedom of a person to work at any place according to his / her disability and opportunity. 7.2 The benefits of the schemes of the state of Chhattisgarh should be given as per eligibility. i 7.3 Efforts are made to maintain the supply benefits under the central schemes or programs.

Efforts initiate at source

8. Identification of laborers, registration, and management of information

8. 1 Simplifu the process of labour registration.

8.2 Ensure availability of documents of the identity of migrant workers such as Aadhar card, Voter ID card, Ration card, Bank account, Health regisffation card, labour registration, etc.

8.3 Maintenance of migrate/migration register through the Panchayat and Ward wise digital system.

8.4 Registration of migrant employer/contractor/agent under Prevailing Labour Act.

8.5 Protection of the migrant labourers under the Prevailing Labour Law.

9. Information Management- The Labor Information portal

9.1 Establishment of the helpline: g.2 Strengthening the grievance redressal mechanism.

9.3 By coordination with the migrant State Government to workers, employers SHG by medium of Shramik Suchana Patal and managing information, for the protection of interest of labour.

10. Estimation of Skill of Labour and Skill Development

10.1 To make action plan of skill development by estimating the skill of migrant labours.

10.2 To emphasize over the multiple development.

10.3 Verification and certification of the efficiency of labours.

11. To develop the legal, statutory and financial literacy ofthe labourers

I1.1 To provide information about the legal system of protection of their rights to the migrant workers.

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ll.2 Sensitization of all departments (revenue, panchayat, labor, police, health, food, education, etc.) related to migrant laboi.

I 1.3 To sensitize the conrtractors, employers and the labour organizations. ll.4 To develop an understanding of the labour before migration on f,rnancial management, banking behavior, withdrawal from ATMs, mobile banking, wage rate and payment book.

Awareness Dissemination of information related to the protection of migrant labor through communal propaganda.

¹². Establishment of 'Migrant Workers support Center' (Labuor Resource Center)

l2.l To operate the 'Migrant Workers Assistance Center' (labour resource center) at the development and district level to help the migrant workers.

12.2 In order to operate the labor resowce center, a Shram Mitra Cadre will be prepared at the local level, so that the labour will work as entrepreneurs.

12.3 Labour registration, benefiting workers from projects, protection of migrant workers, and social security will be ensured through the Center of Labour Resources.

12.4 To make the legal, financial and social rights of the migrant workers aware by the labour resource center.

13. Departmental ResponriUnty

It is necessary to ensure departmental accountability for the protection, awareness, skill development, and creating a healthy environment for the social workers of the migrant workers.

13.1 Revenue Department - Under the migrant labour policy, the District Magistrate as a Nodal Officer, coordinating in various departrnents through all the revenue officers posted at the district level, taking action for the rehabilitation and welfare of migrant workers.

13.2 Department of Panchayat and Rural Development - Maintenance and updation of register of migrant labour and providing maximum employment under the schemes of government while rehabilitating the migrant workers at local level.

National Development Authority - Estimation of skill, skill devekopment and certification of efficiency of migrant labour.

and- village industry to take up employment 13.4 Employment and planning department, industry department department- To coordinate with various works department, industries opportunities at the local level for the labourers.

department for providing All Manufacturing Departments - To encourage contractors of works work with priority to local labourers.

Department of Education, Department of Primitive Development - To emphasise regular education facility to the identified children of the migrant laborprs, prioritize the admission to children of migrant workers in residential schools and Identification of children migrated to other state and informing concerned states so that they can avail opportunity of admission at destination state.

Health Department - To ensure the benefit of various health care schemes currently run by migrant workers axd to provide medical services to working women and children of migrant labour family.

Department of Women and Child Development - Improved operation of Sakhi One Stop Center to increase the reach of migrant women.

Home Department - To start the 'Migrant Workers Help Desk' at Police Station level through which statutory assistance to migrant labourers can be provided.

I 3. l0 Labour Department - To ensure better implementation of various labour laws prevailing for the protection of the interests of migrant workers and to work for the welfare of migrant workers through inter- state co-operation and co-ordination. Provide social security to workers by registering them.

l3.ll Urban Administration Department - Ward-wise maintenance and updating of migrant labour registers in slum/labuor settlements located in urban areas, ensuring the benefits of essential facilities, prevailing schemes and health facilities to labourers migrated from rural areas to urban areas.

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13.12 District Planning Committee - Supervision of labour welfare at the district level by monitoring and assesding labour survey, registration, call center, labour resource center.

Work to be done on Destination

The.workers are unorganized at the destination; live in small groups and in the absence of information or due to fear of getting losing of job/work face the exploitation & difficulties. In this situation, the information is provided in collaboration with the State Government or local organization for the purpose of increasing the manpower of the labourers and ensuring their security and facilities at the destination sites. Adequate efforts will be made through the information technology system.

14. Participation of Labour Organizations/Trade Unions, Voluntary Organizations

l4.l Mazdoor Saathi Network - Workers in the respective states to assist the labour partner network in the state of labour at the destination, including active labour organization, trade union, voluntary organization, local administration etc. Partner network will be prepared through which the migrant labor will be assisted by establishing inter-state dialogue and coordination.

15. Monitoring of Wage Rate and Payment

l5.l Providing benefits of the prevailing labour laws of the migrant labour, received in the destination states, so as to maintain co-ordination with the administration of the concerned state.

15.2 Protection of the interests of migrant labourers in the destination state by sharing information of the migrant register maintained by the panchayat and urban body with the concerned state.

16. Joint effort with destination state

16. I Making efforts of negotiations/understanding with destination state by the state of Chhattisgarh for the interest of Safety and welfare of labourers.

16.2 Government of Chhattisgarh will be request to the Central Government and other migrant laborn destination states that wherever the state of Chhattisgarh workers are working, they should be benefited by the schemes of the center & they will have the right to receive the services, facilities and benefits as per the migrant state.

17. Emergency System

The migrant labourers are working in unorganized form at other places by leaving up their native residence, hence during various disasters, they need the help of the government.

The migrant workers mainly face circumstances like difficulties arising out of natural calamities including accidental death, hostage situation, workers' benefits not being given by the applicant, etc. Since the migrant workers remain unorganized and their work availabilrty & arrivals are irregular, the help of the migrant labourers in a crisis situation is expected by the government. Therefore, there will be a coordination committee of the departments at district and state level, that will work by making a dehnite work plan to provide assistance to migrant labourers in emergency situations.

18. Measures for Financial Resources

18.1 In the recovery of building and other construction cesses, the present gap will be identified and efforts are made to increase the gross tax collection of gap.

18.2 In addition to this, identi$ing and labeling the sources of other budgets so that adequate budget can be available for labour welfare.

18.3 To make additional provisions in the budget of the State Govemment for the welfare of migrant labourers.

This policy can be very useful to protect the welfare of the workers and their welfare, which is important in the implementation of all departments, voluntary organizations, and labour organizations. This policy will prove to be fulfilling its objectives.

By order and in the name of the Governor of Chhattisgarh,

ASHUTOSH PANDEY, Deputy Secretary.

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