August 9, 2016
Mumtaz Sanghamita speaks on the Employee’s Compensation (Amendment) Bill, 2016
Hon. Deputy-Speaker, Sir, thank you for giving me this opportunity to participate in the discussion on this amendment Bill. Sir, I rise to speak on the Employee’s Compensation (Amendment) Bill, 2016 which seeks to amend a few clauses of the parent Act which was the Employee’s Compensation Act, 1923, the first ever social security legislation of India.
I am really happy about the fact this Bill seeks to provide certain benefits to the people working as labours and the oppressed and the deprived class of the society. The Government of West Bengal headed by Ms. Mamata Banerjee is the Government of the people and for the people belonging to the lower strata of society. I stand on behalf of them.
The irony is, as has been mentioned by some of my other colleagues also, that the Labour Commissions were set up in 1974 and also in 1989, and made several recommendations, but not a single recommendation was given effect to. Here is a legislation which seeks to include some of the recommendations of the Labour Commission. But the amendment that has been brought about is a simple one. This amendment, of course, is in favour of the labourers. The first amendment seeks to enhance the penalty amount for various violations from the existing amount of Rs 5000 to Rs 50000 which can be extended up to Rs 1,00,000. This is provided for in Section 17(a) of the Act.
But it is said in section 16 that the employer should inform while employing the employee that there is a compensation to be paid if there is an injury or in case of a death next to the kin. This amendment says that it should be in writing or in the digital form, but the problem is that most of our labour class cannot read. So, there should be some witness, while he is verbally narrating it, that he has understood it. It should be there in the amendment also.
Secondly, it is said only about information but there are other statutory notes like depending upon the degree of injury, compensation should be paid. Like in the Factories Act, there should be a provision for safety measures. That is the most important thing. What about imposing a fine if there is no proper safety measure and who is going to look into it? Of course, I know that the Commission has got inspectors who inspect it. Inspection should be ensured and there should be regular reporting about safety in the factory or the working place and that safety is properly maintained there. Otherwise, there should be a regular fine and that fine should be enhanced.
Another amendment is increasing the limit for filing an appeal. Earlier, the provision was that if it was less than Rs300, then they could not file a case. Now, it is increased upto Rs 10,000. My other colleagues have also said that the words, ‘Central Government’ should be omitted so that the Central Government cannot direct them later on. About Section 30A where it is said about payment, I completely agree with it as it is impairing the Commissioner.
My various colleagues have said that the cases relating to compensation are going on for years and years. This issue should be addressed and there should be an amendment in the law so that the grievances are redressed as soon as possible.
In West Bengal, there is a rule that compensation should be paid within three months. To ensure that touts do not get hold of part of that money, the West Bengal Government, has by a notification from the Directorate of Employees’ Compensation said that if the compensation is more than Rs 20,000, it should be paid directly to the bank account of the person or his kin. With these words, I am supporting the Bill.
