Showing posts with label General Knowledge. Show all posts
Showing posts with label General Knowledge. Show all posts

Friday, November 1, 2024

NITI - National Institution for Transforming India - Formation and Structure

Planning Commission -Archived Site


6 February 2015

NITI will meet for the first time on 6 February 2015



Members of NITI
Present Members of NITI

Prime Minister Shri Narendra Modi:  Chairperson:
 i.      Vice-Chairperson: Arvind Panagaria
 ii.      Members: Full-time
          Shri Bibek Debroy, Economist
          Dr. V.K. Saraswat, Former Secretary Defence R&D

 iii.      Part-time members: Maximum of 2 from leading universities research organizations and other relevant institutions in an ex-officio capacity.  Part time members will be on a rotational basis.
 iv.      Ex Officio members: Maximum of 4 members of the Union Council of Ministers to be nominated by the Prime Minister.
         
Shri Rajnath Singh, Union Minister
Shri Arun Jaitley, Union Minister
Shri Suresh Prabhu, Union Minister
Shri Radha Mohan Singh, Union Minister
Special Invitees:
Shri Nitin Gadkari, Union Minister
Shri Thawar Chand Gehlot, Union Minister
Smt. Smriti Zubin Irani, Union Minister

v.      Chief Executive Officer : appointed

5 January 2015

Prime Minister, Shri Narendra Modi, has made the following appointments to the NITI Aayog:
Vice Chairman:

Shri Arvind Panagariya, Economist
Full-Time Members:
Shri Bibek Debroy, Economist
Dr. V.K. Saraswat, Former Secretary Defence R&D
Ex-officio members:
Shri Rajnath Singh, Union Minister
Shri Arun Jaitley, Union Minister
Shri Suresh Prabhu, Union Minister
Shri Radha Mohan Singh, Union Minister
Special Invitees:
Shri Nitin Gadkari, Union Minister
Shri Thawar Chand Gehlot, Union Minister
Smt. Smriti Zubin Irani, Union Minister
http://pmindia.gov.in/en/news_updates/pm-makes-appointments-to-niti-aayog/

Members envisaged
Prime Minister as the Chairperson:
 i.      Vice-Chairperson: To be appointed by the Prime Minister
 ii.      Members: Full-time
 iii.      Part-time members: Maximum of 2 from leading universities research organizations and other relevant institutions in an ex-officio capacity.  Part time members will be on a rotational basis.
 iv.      Ex Officio members: Maximum of 4 members of the Union Council of Ministers to be nominated by the Prime Minister.
v.      Chief Executive Officer : To be appointed by the Prime Minister for a fixed tenure, in the rank of Secretary to the Government of India.









Press Information Bureau
Government of India
Prime Minister's Office
01-January-2015 17:8 IST
Government establishes NITI Aayog (National Institution for Transforming India) to replace Planning Commission

NITI Aayog will seek to provide a critical directional and strategic input into the development process

In accordance with a key announcement made by Prime Minister Narendra Modi on Independence Day, the Union Government today established NITI Aayog (National Institution for Transforming India), as replacement for the Planning Commission. This comes after extensive consultation across the spectrum of stakeholders, including state governments, domain experts and relevant institutions.

NITI Aayog will seek to provide a critical directional and strategic input into the development process.

The centre-to-state one-way flow of policy, that was the hallmark of the Planning Commission era, is now sought to be replaced by a genuine and continuing partnership of states.

NITI Aayog will emerge as a "think-tank" that will provide Governments at the central and state levels with relevant strategic and technical advice across the spectrum of key elements of policy.

The NITI Aayog will also seek to put an end to slow and tardy implementation of policy, by fostering better Inter-Ministry coordination and better Centre-State coordination. It will help evolve a shared vision of national development priorities, and foster cooperative federalism, recognizing that strong states make a strong nation.

The NITI Aayog will develop mechanisms to formulate credible plans to the village level and aggregate these progressively at higher levels of government. It will ensure special attention to the sections of society that may be at risk of not benefitting adequately from economic progress.

The NITI Aayog will create a knowledge, innovation and entrepreneurial support system through a collaborative community of national and international experts, practitioners and partners. It will offer a platform for resolution of inter-sectoral and inter-departmental issues in order to accelerate the implementation of the development agenda.

In addition, the NITI Aayog will monitor and evaluate the implementation of programmes, and focus on technology upgradation and capacity building.



Through the above, the NITI Aayog will aim to accomplish the following objectives and opportunities:

·         An administration paradigm in which the Government is an "enabler" rather than a "provider of first and last resort."

·         Progress from "food security" to focus on a mix of agricultural production, as well as actual returns that farmers get from their produce.

·         Ensure that India is an active player in the debates and deliberations on the global commons.

·         Ensure that the economically vibrant middle-class remains engaged, and its potential is fully realized.

·         Leverage India's pool of entrepreneurial, scientific and intellectual human capital.

·         Incorporate the significant geo-economic and geo-political strength of the Non-Resident Indian Community.

·         Use urbanization as an opportunity to create a wholesome and secure habitat through the use of modern technology.

·         Use technology to reduce opacity and potential for misadventures in governance.



The NITI Aayog aims to enable India to better face complex challenges, through the following:

·         Leveraging of India's demographic dividend, and realization of the potential of youth, men and women, through education, skill development, elimination of gender bias, and employment

·         Elimination of poverty, and the chance for every Indian to live a life of dignity and self-respect

·         Reddressal of inequalities based on gender bias, caste and economic disparities

·         Integrate villages institutionally into the development process

·         Policy support to more than 50 million small businesses, which are a major source of employment creation

·         Safeguarding of our environmental and ecological assets
http://pib.nic.in/newsite/PrintRelease.aspx?relid=114276



Formation of NITI


Government constitutes National Institution for Transforming India (NITI) Aayog

Cabinet Resolution


Press Note


The Government has replaced Planning Commission with a new institution named NITI Aayog (National Institution for Transforming India). The institution will serve as ‘Think Tank’ of the Government-a directional and policy dynamo. NITI Aayog will provide Governments at the central and state levels with relevant strategic and technical advice across the spectrum of key elements of policy, this includes matters of national and international import on the economic front, dissemination of best practices from within the country as well as from other nations, the infusion of new policy ideas and specific issue-based support.

The following is the full text of the Cabinet  Resolution:-


RESOLUTION


Mahatma Gandhi had said:  “Constant development is the law of life, and a man who always tries to maintain his dogmas in order to appear consistent drives himself into a false position”. Reflecting this spirit and the changed dynamics of the new India, the institutions of governance and policy have to adapt to new challenges and must be built on the founding principles of the Constitution of India, the wealth of knowledge from our civilizational history and the present day socio-cultural context.        

The Planning Commission was set up on the 15th of March, 1950 through a Cabinet Resolution.  Nearly 65 years later, the country has metamorphosed from an under-developed economy to an emergent global nation with one of the world’s largest economies.

From being preoccupied with survival, our aspirations have soared and today we seek elimination, rather than alleviation, of poverty.  The people of India have great expectations for progress and improvement in governance, through their participation.  They require institutional reforms in governance and dynamic policy shifts that can seed and nurture large-scale change. Indeed, the ‘destiny’ of our country, from the time we achieved Independence, is now on a higher trajectory.

The past few decades have also witnessed a strengthening of Indian nationhood.  India is a diverse country with distinct languages, faiths and cultural ecosystems.  This diversity has enriched the totality of the Indian experience.  Politically too, India has embraced a greater measure of pluralism which has reshaped the federal consensus.  The States of the Union do not want to be mere appendages of the Centre.  They seek a decisive say in determining the architecture of economic growth and development.  The one-size-fits-all approach, often inherent in central planning, has the potential of creating needless tensions and undermining the harmony needed for national effort.  Dr. Ambedkar had said with foresight that it is “unreasonable to centralise powers where central control and uniformity is not clearly essential or is impracticable”.

At the heart of the dynamics of transforming India lies a technology revolution and increased access to and sharing of information.  In the course of this transformation, while some changes are anticipated and planned, many are a consequence of market forces and larger global shifts.   The evolution and maturing of our institutions and polity also entail a diminished role for centralised planning, which itself needs to be redefined.

The forces transforming India are many and include:

a.       The industry and service sectors have developed and are operating on a global scale now.  To build on this foundation, new India needs an administration paradigm in which the government is an “enabler” rather than a “provider of first and last resort”.  The role of the government as a “player” in the industrial and service sectors has to be reduced.  Instead, government has to focus on enabling legislation, policy making and regulation.

b.      India’s traditional strength in agriculture has increased manifold on account of the efforts of our farmers and improvements in technology.  We need to continue to improve, and move from pure food security to a focus on a mix of agricultural production as well as the actual returns that farmers get from their produce.

c.       Today, we reside in a ‘global village’, connected by modern transport, communications and media, and networked international markets and institutions.  As India ‘contributes’ to global endeavours, it is also influenced by happenings far removed from our borders.  Global economics and geo-politics are getting increasingly integrated, and the private sector is growing in importance as a constituent within that.  India needs to be an active player in the debates and deliberations on the global commons, especially in relatively uncharted areas.

d.      India’s middle class is unique in terms of its size and purchasing power.  This formidable  group is increasing with the entry of the neo-middle class.  It has been an important driver of growth and  has enormous potential on account of its high education levels, mobility and willingness to push for change in the country.  Our continuing challenge is to ensure that this economically vibrant group remains engaged and its potential is fully realised.

e.       India’s pool of entrepreneurial, scientific and intellectual human capital is a source of strength waiting to be unleashed to help us attain unprecedented heights of success.  In fact, the ‘social capital’ that is present in our people has been a major contributor to the development of the country thus far and, therefore, it needs to be leveraged through appropriate policy initiatives.

f.       The Non-Resident Indian community, which is spread across more than 200 countries, is larger in number than the population of many countries of the world. This is a significant geo-economic and geo-political strength.  Future national policies must incorporate this strength in order to broaden their participation in the new India beyond just their financial support.  Technology and management expertise are self-evident areas where this community can contribute significantly.

g.      Urbanisation is an irreversible trend.  Rather than viewing it as an evil, we have to make it an integral part  of our policy for development.  Urbanisation has to be viewed as an opportunity to use modern technology to create a wholesome and secure habitat while reaping the economic benefits that it offers.

h.      Transparency is now a sine qua non for good governance.  We are in a digital age where the tools and modes of communication, like social media, are powerful instruments to share and explain the thoughts and actions of the government.  This trend will only increase with time.  Government and governance have to be conducted in an environment of total transparency – using technology to reduce opacity and thereby, the potential for misadventures in governing.

Technology and information access have accentuated the unity in diversity that defines us.  They have helped integrate different capabilities of our regions, states and eco-systems towards an interlinked national economy.  Indeed, Indian nationhood has been greatly strengthened on their account.  To reap the benefits of the creative energy that emerges from the Indian kaleidoscope, our development model has to become more consensual and co-operative.  It must embrace the specific demands of states, regions and localities.  A shared vision of national development has to be worked out based on human dignity, national self-respect and an inclusive and sustainable development path.

The challenges we face as a country have also become more complex:

India’s demographic dividend has to be leveraged fruitfully over the next few decades.  The potential of our youth, men and women, has to be realized through education, skill development, elimination of gender bias, and employment.  We have to strive to provide our youth productive opportunities to work on the frontiers of science, technology and knowledge economy.

Poverty elimination remains one of the most important metrics by which alone we should measure our success as a nation.  Every Indian must be given an opportunity to live a life of dignity and self respect.  The words of Tiruvalluvar, the sage-poet, when he wrote that “nothing is more dreadfully painful than poverty”, and “gripping poverty robs a man of the lofty nobility of his descent”, are as true today as they were when written more than two thousand  years ago.

Economic development is incomplete if it does not provide every individual the right to enjoy the fruits of development. Pt. Deen Dayal Upadhyaya had enunciated this in his concept of Antyodaya, or uplift of the downtrodden, where the goal is to ensure that the poorest of the poor get the benefits of development.  Inequalities based on gender biases as well as economic disparities  have to be redressed.  We need to create an environment and support system that encourages women to play their rightful role in nation-building.  Equality of opportunity goes hand in hand with an inclusiveness agenda.  Rather than pushing everyone on to a pre-determined path, we have to give every element of society – especially weaker segments like the Scheduled Castes and Scheduled Tribes - the ability to influence the choices the country and government make in setting the national agenda.  In fact, inclusion has to be predicated on a belief in the ability of each member of society to contribute.  As Sankar Dev wrote centuries ago in the Kirtan Ghosh: “To see every being as equivalent to one’s own soul is the supreme means (of attaining deliverance)”.

Villages (Gram) continue to be the bedrock of our ethos, culture and sustenance.  They need to be fully integrated institutionally into the development process so that we draw on their vitality and energy.

India has more than 50 million small businesses, which are a major source of employment creation.  These businesses are particularly important in creating opportunities for the backward and disadvantaged sections of the society.  Policy making must focus on providing necessary support to this sector in terms of skill and knowledge upgrades and access to financial capital and relevant technology.

Responsible development implies environmentally sound development.  India is one of the mega-diverse countries.  Our environmental and ecological assets are eternal, and must be preserved and safeguarded.  The country’s legacy of respect for environment is reflected in our reverence for trees and animals.  Our legacy to future generations must be sustainable progress.  Each element of our environment (paryavaran) and resources, namely water, land  and forest (Jal, Jameen evam Jungle) must be protected; and this must be done in a manner that takes into account their inter-linkages with climate (jal vayu) and people (jan).  Our development agenda has to ensure that development does not sully the quality of life of the present and future generations.

The role of the government in achieving ‘national objectives’ may change with time, but will always remain significant.  Government will continue to set policies that anticipate and reflect the country’s requirements and execute them in a just manner for the benefit of the citizens.  The continuing integration with the world – politically and economically - has to be incorporated into policy making as well as functioning of the government.

In essence, effective governance in India will rest on the following pillars:

a.       Pro-people agenda that fulfils the aspirations of the society as well as individual,
b.      Pro-active in anticipating and responding to their needs,
c.       Participative, by involvement of citizens,
d.      Empowering   women in all aspects
e.       Inclusion of all groups, with special attention to the economically weak (garib), the SC, ST and OBC communities,  the rural sector and farmers (gaon and kisan), youth and all categories of minorities.
f.       Equality of opportunity to our country’s youth,
g.      Transparency through the use of technology to make government visible and responsive.

Governance, across the public and private domains, is the concern of society as a whole.  Everyone has a stake in ensuring good governance and effective delivery of services. Creating Jan Chetna, therefore, becomes crucial for people’s initiative.    In the past, governance may have been rather narrowly construed as public governance.  In today’s changed dynamics – with ‘public’ services often being delivered by ‘private’ entities, and the greater scope for ‘participative citizenry’,  governance encompasses and involves everyone.

The institutional framework of government has developed and matured over the years.   This has allowed the development of domain expertise which allows us the chance to increase the specificity of functions given to institutions.  Specific to the planning process, there is a need to separate as well as energize the distinct ‘process’ of governance from the ‘strategy’ of governance.

In the context of governance structures, the changed requirements of our country, point to the need for setting up an institution that serves as a Think Tank of the government – a directional and policy dynamo.  The proposed institution has to provide governments at the central and state levels with relevant strategic and technical advice across the spectrum of key elements of policy.  This includes matters of national and international import on the economic front, dissemination of best practices from within the country as well as from other nations, the infusion of new policy ideas and specific issue-based support.  The institution has to be able to respond to the changing and more integrated world that India is part of.

An important evolutionary change from the past will be replacing a centre-to-state one-way flow of policy by a genuine and continuing partnership with the states.   The institution must have the necessary resources, knowledge, skills and, ability to act with speed to provide the strategic policy vision for the government as well as deal with contingent issues.

Perhaps most importantly, the institution must adhere to the  tenet that while incorporating positive influences from the world, no single model can be transplanted  from outside into the Indian scenario. We need to find our own strategy for growth.  The new institution has to zero in on what will work in and for India.   It will be a Bharatiya approach to development.

The institution to give life to these aspirations is the NITI Aayog (National Institution for Transforming India).  This is being proposed after extensive consultation across the spectrum of stakeholders including inter alia state governments, domain experts and relevant institutions.  The NITI Aayog will work towards the following objectives:

To evolve a shared vision of national development priorities, sectors and strategies with the active involvement of States in the light of national objectives.    The vision of the NITI Aayog will then provide a framework ‘national agenda’ for the Prime Minister and the Chief Ministers to provide impetus to.

To foster cooperative federalism through structured support initiatives and mechanisms with the States on a continuous basis, recognizing that strong States make a strong nation.

To develop mechanisms to formulate credible plans at the village level and aggregate these progressively at higher levels of government.

To ensure, on areas that are specifically referred to it, that the interests of national security are incorporated in economic strategy and policy.

To pay special attention to the sections of our society that may be at risk of not benefitting adequately from economic progress.

To design strategic and long term policy and programme frameworks and initiatives, and monitor their progress and their efficacy.  The lessons learnt through monitoring and feedback will be used for making innovative improvements, including necessary mid-course corrections.

To provide advice and encourage partnerships between key stakeholders and national and international like-minded Think Tanks, as well as educational and policy research institutions.

To create a knowledge, innovation and entrepreneurial support system through a collaborative community of national and international experts, practitioners and other partners.

To offer a platform for resolution of inter-sectoral and inter-departmental issues in order to accelerate the implementation of the development agenda.

To maintain a state-of-the-art Resource Centre, be a repository of research on good governance and best practices in sustainable and equitable development as well as help their dissemination to stake-holders.

To actively monitor and evaluate the implementation of programmes and initiatives, including the identification of the needed resources so as to strengthen the probability of success and scope of delivery.

To focus on technology upgradation and capacity building for implementation of programmes and initiatives.

To undertake other activities as may be necessary in order to further the execution of the national development agenda, and the objectives mentioned above.


The NITI Aayog will comprise the following:

Prime Minister of India as the Chairperson

Governing Council comprising the Chief Ministers of all the States and Lt. Governors of Union Territories

Regional Councils will be formed to address specific issues and contingencies impacting more than one state or a region.  These will be formed for a specified tenure.  The Regional Councils will be convened by the Prime Minister and will comprise of the Chief Ministers of States and Lt. Governors of Union Territories in the region.  These will be chaired by the  Chairperson of the NITI Aayog or his nominee.

Experts, specialists and practitioners with relevant domain knowledge as special invitees nominated by the Prime Minister

The full-time organizational framework will comprise of, in addition to the Prime Minister as the Chairperson:

                                                              i.      Vice-Chairperson: To be appointed by the Prime Minister
                                                            ii.      Members: Full-time
                                                          iii.      Part-time members: Maximum of 2 from leading universities research organizations and other relevant institutions in an ex-officio capacity.  Part time members will be on a rotational basis.
                                                          iv.      Ex Officio members: Maximum of 4 members of the Union Council of Ministers to be nominated by the Prime Minister.
                                                            v.      Chief Executive Officer : To be appointed by the Prime Minister for a fixed tenure, in the rank of Secretary to the Government of India.
                                                          vi.      Secretariat as deemed necessary.

Swami Vivekananda said “Take up one idea. Make that one idea your life – think it, dream of it, live on that idea. Let the brain, muscles, nerves, every part of your body, be full of that idea and just leave every other idea alone. This is the way to success.” Through its commitment to a cooperative federalism, promotion of citizen engagement, egalitarian access to opportunity, participative and adaptive governance and increasing use of technology, the NITI Aayog will seek to provide a critical directional and strategic input into the development process.  This, along with being the incubator of ideas for development, will be the core mission of NITI Aayog.

Cabinet Secretariat, Government of India
New Delhi, 1st January 2015

http://pib.nic.in/newsite/PrintRelease.aspx?relid=114268



Ud. 10.11.2024
Pub. 3.3.2015

Thursday, June 4, 2020

Industrial Disputes Act, 1947



https://indiacode.nic.in/handle/123456789/2169?view_type=browse&sam_handle=123456789/1362



Section 2A.   Dismissal, etc., of an individual workman to be deemed to be an industrial dispute.
1[2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute.--

2[(1)]Where any employer discharges, dismisses, retrenches, or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.]

3[(2)Notwithstanding anything contained in section l0, any such workman as is specified in sub-section (1)may, make an application direct to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of forty-five days from the date he has made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute, and in receipt of such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government.

(3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1).]

STATE AMENDMENT
Andhra Pradesh--
2. In Section 2A
The following sub-section shall be added, namely:--
"(3) Notwithstanding anything in sub-sections (1) and (2), no such dispute or difference between that workman and his employer connected with or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute if such dispute is not raised in conciliation proceeding within a period of three years from the date of such discharge, dismissal, retrenchment or termination:
Provided that the Labour Court or the Conciliation Officer, as the case may be, may consider to extend the said period of three years when the applicant workman satisfies the Court or Conciliation Officer that he had sufficient cause for not raising the dispute within the period of three years.".
[Vide Andhra Pradesh 12 of 2015, s. 2]


1. Ins. by Act 35 of 1965, s. 3 (w.e.f. 1-12-1965).
2. Section 2A numbered as sub-section (1) thereof by Act 24 of 2010, s. 3 (w.e.f. 15-9-2010).
3. Ins. by s. 3, ibid. (w.e.f. 15-9-2010).

Section 25G.   Procedure for retrenchment.Previous    Next
1[25G. Procedure for retrenchment.--Where any workman in an industrial establishment, who is a citizen of India, is to be retrenched and he belongs to a particular category of workmen in that establishment, in the absence of any agreement between the employer and the workman in this behalf, the employer shall ordinarily retrench the workman who was the last person to be employed in that category, unless for reasons to be recorded the employer retrenches any other workman.]

Section 25K.  Application of Chapter VB.

1[25K. Application of Chapter VB.--(1) The provisions of this Chapter shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than 2[one hundred] workmen were employed on an average per working day for the preceding twelve months.
(2) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate Government thereon shall be final.]


STATE AMENDMENT
Andhra Pradesh--
In Section 25K
The following shall be substituted, namely:--
"25-K.Application of Chapter V-B:--(1) The provisions of this chapter shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than three hundred workmen were employed on an average per working day for the preceding twelve months.
(2) Without prejudice to the provisions of sub-section (1), the State Government, may, if satisfied that maintenance of industrial peace or prevention of victimization of workmen so requires, by notification in the official gazette apply the provisions of this chapter to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which such number of workmen which may be less than three hundred but not less than one hundred, as may be specified in the notification, were employed on an average per working day for the preceding twelve months.
(3) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the State Government thereon shall be final."
[Vide Andhra Pradesh 12 of 2015, s. 3]


Assam--
Amendment of section 25K.--In the principal Act, in section 25K, for the words “one hundred”, appearing in between the words "than" and "workmen", the words three hundred” shall be substituted.
[Vide Assam Act 22 of 2018, s. 2]


Karnataka--
Amendment of section 25K.--In section 25K of the principal Act, after sub-section (1), the following sub-section shall be inserted, namely:--
"(1A) Notwithstanding anything contained in sub-section (1) the State Government may, from time to time by notification in the official gazette, apply the provisions of section 25-O and section 25-R in so far, as they relate to contravention of sub-section (2) of section 25-O, also to an industrial establishment of a seasonal character or in which work is performed only intermittently in which not less than one hundred workmen were employed on an average per working day for the preceding twelve months."
[Vide the Karnataka Act 5 of 1988, s. 5]



Section 25L.  Definitions.
1[25L. Definitions.--For the purposes of this Chapter,--
(a) "industrial establishment" means--
(i) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948);
(ii) a mine as defined in clause (i) of sub- section (1) of section 2 of the Mines Act, 1952 (35 of 1952); or
(iii) a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951);
(b) notwithstanding anything contained in sub-clause (ii) of clause (a) of section 2,--
(i) in relation to any company in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government, or
(ii) in relation to any corporation not being a corporation referred to in sub-clause (i) of clause (a) of section 2 established by or under any law made by Parliament, the Central Government shall be the appropriate Government.]

Section 25M.  Prohibition of lay-off.
1[25M. Prohibition of lay-off.--(1) No workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls of an industrial establishment to which this Chapter applies shall be laid-off by his employer except 2[with the prior permission of the appropriate Government or such authority as may be specified by that Government by notification in the Official Gazette (hereafter in this section referred to as the specified authority), obtained on an application made in this behalf, unless such lay-off is due to shortage of power or to natural calamity, and in the case of a mine, such lay-off is due also to fire, flood, excess of inflammable gas or explosion.]
3[(2) An application for permission under sub-section (1) shall be made by the employer in the prescribed manner stating clearly the reasons for the intended lay-off and a copy of such application shall also be served simultaneously on the workmen concerned in the prescribed manner.
(3) Where the workman (other than badli workmen or casual workmen) of an industrial establishment, being a mine, have been laid-off under sub-section (1) for reasons of fire, flood or excess of inflammable gas or explosion, the employer, in relation to such establishment, shall, within a period of thirty days from the date of commencement of such lay-off, apply, in the prescribed manner, to the appropriate Government or the specified authority for permission to continue the lay-off.
(4) Where an application for permission under sub-section (1) or sub-section (3) has been made, the appropriate Government or the specified authority, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen concerned and the persons interested in such lay-off, may, having regard to the genuineness and adequacy of the reasons for such lay-off, the interests of the workmen and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the employer and the workmen.
(5) Where an application for permission under sub-section (1) or sub-section (3) has been made and the appropriate Government or the specified authority does not communicate the order granting or refusing to grant permission to the employer within a period of sixty days from the date on which such application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of sixty days.
(6) An order of the appropriate Government or the specified authority granting or refusing to grant permission shall, subject to the provisions of sub-section (7), be final and binding on all the parties concerned and shall remain in force for one year from the date of such order.
(7) The appropriate Government or the specified authority may, either on its own motion or on the application made by the employer or any workman, review its order granting or refusing to grant permission under sub-section (4) or refer the matter or, as the case may be, cause it to be referred, to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass an award within a period of thirty days from the date of such reference.
(8) Where no application for permission under sub-section (1) is made, or where no application for permission under sub-section (3) is made within the period specified therein, or where the permission for any lay-off has been refused, such lay-off shall be deemed to be illegal from the date on which the workmen had been laid-off and the workmen shall be entitled to all the benefits under any law for the time being in force as if they had not been laid-off.
(9) Notwithstanding anything contained in the foregoing provisions of this section, the appropriate Government may, if it is satisfied that owing to such exceptional circumstances as accident in the establishment or death of the employer or the like, it is necessary so to do, by order, direct that the provisions of sub-section (1), or, as the case may be, sub-section (3) shall not apply in relation to such establishment for such period as may be specified in the order.]
4[(10)] The provisions of section 25C (other than the second proviso thereto) shall apply to cases of lay-off referred to in this section.
Explanation.--For the purposes of this section, a workman shall not be deemed to be laid-off by an employer if such employer offers any alternative employment (which in the opinion of the employer does not call for any special skill or previous experience and can be done by the workman) in the same establishment from which he has been laid-off or in any other establishment belonging to the same employer, situate in the same town or village, or situate within such distance from the establishment to which he belongs that the transfer will not involve undue hardship to the workman having regard to the facts and circumstances of his case, provided that the wages which would normally have been paid to the workman are offered for the alternative appointment also.]



Section 25N.   Conditions precedent to retrenchment of workmen.
1[ 2[25N. Conditions precedent to retrenchment of workmen.--(1) No workman employed in any industrial establishment to which this Chapter applies, who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until,--
(a) the workman has been given three months notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice; and
(b) the prior permission of the appropriate Government or such authority as may be specified by that Government by notification in the Official Gazette (hereafter in this section referred to as the specified authority) has been obtained on an application made in this behalf.
(2) An application for permission under sub-section (1) shall be made by the employer in the prescribed manner stating clearly the reasons for the intended retrenchment and a copy of such application shall also be served simultaneously on the workmen concerned in the prescribed manner.
(3) Where an application for permission under sub-section (1) has been made, the appropriate Government or the specified authority, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen concerned and the persons interested in such retrenchment, may, having regard to the genuineness and adequacy of the reasons stated by the employer, the interests of the workmen and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the employer and the workmen.
(4) Where an application for permission has been made under sub-section (1) and the appropriate Government or the specified authority does not communicate the order granting or refusing to grant permission to the employer within a period of sixty days from the date on which such application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of sixty days.
(5) An order of the appropriate Government or the specified authority granting or refusing to grant permission shall, subject to the provisions of sub-section (6), be final and binding on all the parties concerned and shall remain in force for one year from the date of such order.
(6) The appropriate Government or the specified authority may, either on its own motion or on the application made by the employer or any workman, review its order granting or refusing to grant permission under sub-section (3) or refer the matter or, as the case may be, cause it to be referred, to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass an award within a period of thirty days from the date of such reference.
(7) Where no application for permission under sub-section (1) is made, or where the permission for any retrenchment has been refused, such retrenchment shall be deemed to be illegal from the date on which the notice of retrenchment was given to the workman and the workman shall be entitled to all the benefits under any law for the time being in force as if no notice had been given to him.
(8) Notwithstanding anything contained in the foregoing provisions of this section, the appropriate Government may, if it is satisfied that owing to such exceptional circumstances as accident in the establishment or death of the employer or the like, it is necessary so to do, by order, direct, that the provisions of sub- section (1) shall not apply in relation to such establishment for such period as may be specified in the order.
(9) Where permission for retrenchment has been granted under sub-section (3) or where permission for retrenchment is deemed to be granted under sub-section (4), every workman who is employed in that establishment immediately before the date of application for permission under this section shall be entitled to receive, at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months.]]


Section 25-O.   Procedure for closing down an undertaking.
1[ 2[25-O. Procedure for closing down an undertaking.--(1) An employer who intends to close down an undertaking of an industrial establishment to which this Chapter applies shall, in the prescribed manner, apply, for prior permission at least ninety days before the date on which the intended closure is to become effective, to the appropriate Government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workmen in the prescribed manner:
Provided that nothing in this sub-section shall apply to an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work.
(2) Where an application for permission has been made under sub-section (1), the appropriate Government, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen and the persons interested in such closure may, having regard to the genuineness and adequacy of the reasons stated by the employer, the interests of the general public and all other relevant factors, by order and for reasons to be recorded in writing, grant or refused to grant such permission and a copy of such order shall be communicated to the employer and the workmen.
(3) Where an application has been made under sub-section (1) and the appropriate Government does not communicate the order granting or refusing to grant permission to the employer within a period of sixty days from the date on which such application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of sixty days.
(4) An order of the appropriate Government granting or refusing to grant permission shall, subject to the provisions of sub-section (5), be final and binding on all the parties and shall remain in force for one year from the date of such order.
(5) The appropriate Government may, either on its own motion or on the application made by the employer or any workman, review its order granting or refusing to grant permission under sub-section (2) or refer the matter to a Tribunal for adjudication:
Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass an award within a period of thirty days from the date of such reference.
(6) Where no application for permission under sub-section (1) is made within the period specified therein, or where the permission for closure has been refused, the closure of the undertaking shall be deemed to be illegal from the date of closure and the workmen shall be entitled to all the benefits under any law for the time being in force as if the undertaking had not been closed down.
(7) Notwithstanding anything contained in the foregoing provisions of this section, the appropriate Government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or the like it is necessary so to do, by order, direct that the provisions of sub-section (1) shall not apply in relation to such undertaking for such period as may be specified in the order.
(8) Where an undertaking is permitted to be closed down under sub-section (2) or where permission for closure is deemed to be granted under sub-section (3), every workman who is employed in that undertaking immediately before the date of application for permission under this section, shall be entitled to receive compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months.]]

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Now that the enterprises have been freed of the size threshold, entrepreneurs get no advantage in dwarfing their firms. Other reforms can soon follow, such as allowing for workers’ representation in a firm’s supervisory board, as it happens in Germany.
Written by Dipankar Gupta
https://indianexpress.com/article/opinion/columns/coronavirus-economic-relief-package-india-lockdown-6433660/

           
What made so many migrants suddenly long for their village, the very place they were happy to leave just a short time ago?

The answer lies in our Industrial Disputes Act (IDA), the motherboard of our labour laws, which has encouraged short-term employment, low skills and zero security. It did this by setting up thresholds which disincentivised long-term commitment of workers to entrepreneurs and vice versa.
           
How exactly did the thresholds in the IDA accomplish this? We can cut to the chase and go to Chapter V-B of the IDA, where its core provisions are stated almost “mantra-like. There are three thresholds which are absolutely pivotal: Hire more than 99 workers, and you will have to notify the government before you can fire any one of them. Hire more than 20 and you open yourself up to provident fund commitments and bonus payments. Finally, the ultimate threshold: If you want to deny workers severance pay, never keep them continuously employed for more than 240 days.

 Given these provisions in the IDA, it will need either a foolish entrepreneur or one with extraordinary courage to hire more than 99 workers for over 240 days. The non-exceptional employers, that constitute the majority, are naturally tempted to observe these thresholds and duck under the radar.

 As a result, these thresholds have only encouraged the informal sector, where both unregistered labour and unregistered entrepreneurs dominate.

The IDA has created a perfect storm. It has led to the proliferation of informal enterprises and low-skill workers. In the first 15 years of this century itself, over half the increase in total employment has been that of contract workers. This has also led to a phenomenal rise in MSMEs as the IDA has spooked entrepreneurs from harbouring any ambitions to grow big and formal. The MSMEs have, consequently, increased in number from 3.6 crore units in 2012 to about six crore today.

            Sadly, over 94 per cent of MSMEs are in the micro sector and their contribution to GDP is just not measuring up. In 2012, MSMEs produced 37.54 per cent of our GDP, but this number fell to 30.7 per cent in 2015, and in 2019 it decreased further to 29.7 per cent. Over time, the IDA has succeeded in converting a large number of organised sector companies into strange, hybrid economic creatures, both fishy and foul.

In the ultimate analysis, the IDA does not produce winners, only losers. Imagine a different scenario without the IDA thresholds. Under this altered dispensation, every worker — regardless of factory size — is entitled to the same rights. Likewise, every employer, regardless of factory size, can hire and fire workers.

The outlook changes dramatically. The worker can now be fired without notifying the government, but must be compensated with severance wages, regardless of the size of the firm. Also, unlike the IDA, all the firms must have a formal dispute resolution board.

 Now that the enterprises have been freed of the size threshold, entrepreneurs get no advantage in dwarfing their firms.

 The IDA thresholds must go and not be merely fiddled with, as some states have done.

         

This article first appeared in the print edition on May 30 under the title “Law that produces losers”. The writer is a Delhi-based sociologist.


1 Whether the proposal of the writer is acceptable as it is or in a modified form or rejectable?

2 What should be guiding principles in deciding these issues? Do they need to be modified to be practical in today’s situation?

The goal of Sampoorn Rojgaar - can this be promoted?
Role of job security in industry – job security vs. more emoluments. Is not job security a basis of happy contented life for most of the people?
Does it maintain balance among workers and owners?
Does this serve overall national interest?

3 Will this proposal increase or decrease jobs?

4 Does this appear one-sided favouring industrialists?

5 Does this help Cottage, household, tiny, micro, small scale industries? – provisions like registration (street vendors?), severance pay etc.




Saturday, March 16, 2013

India - General Knowledge - Current Events - 2013





March 2003

Inter religious marriages in India are valid under Special Marriage Act only. They are not valid under Arya Samaj Marriage Act or Arya Marriage Validation 1937. Judgment delivered in the case of of a Muslim woman and Hindu Man by Kerala High Court.


February 2003

14 Feb : Mr. Ashok Kumar Mukerji ws appointed the Ambassador/Permanent Representative of India to United Nations at New York. He replaced Mr. Hardeep Singh Puri.