Thursday, July 11, 2019

Contract Labour Issue


Contract Labour Issue
Tender Document/ Agreement   Speaks   So

                                  - R.Pattabiraman

On June 14th I posted the report of CAG on Contract Labour System in Railways. In that I mentioned that even the Railway Minister Shri Pyush Goyal who initiated Contract Labour Payment Management Portal in Coal failed in Railways to initiate such a system. There is no awareness  in BSNL about that system at all.
On April 7th 2019 I reported about how the Contract Labour Payment management portal was created in Coal and how it started functioning. In the NLC the system is known as CLMS. In that posting I just quoted the relevant chapter of CLRA Act 1970 in connection with the responsibility of Contractor and on failing the responsibility of Principal employer for payment of wages,  the facts known to many activists fighting for the welfare of the  contract workers.
In the last BSNL HOCC Meeting an alarming figure was recorded – The fact revealed on that meeting stands that one lakh Contract Labourers are presently engaged by different contractors for carrying out the BSNL services. This makes the issue a very serious one. The financial crisis is an added factor to make the issue worse. It is being reported in WB circle some contract Labourers lost their life choosing suicide as the solution to free from this wretched life.
The Government which is committed to adopt Direct Cash Transfer system to the beneficiaries in the welfare schemes is not ready to do the same for contract workers.   Labourers,   lakh in numbers are made to depend upon  thousands of irresponsible contractors  who failed to  give payment in due date by 7th of every month by caring least his tender agreement with the management in respective SSAs.
The Principal employer in every SSA also failed to act in compliance with the statutory laws of the land rectifying the failure of contractor and paying straight to contract labour as per the register it should have with Name and other detail of the laborers’. The enforcement establishment like LEO, Central Labour commissioners of the respective region also failed on their part by not doing any inspection or addressing and settling the grievances then and there in their jurisdiction to mitigate the sufferings of the needy.
There is a complete misunderstanding and less awareness about the system, the relevant laws in the  various rungs of the administration. This causes serious hardships in the life of contract workers, who were already struggling to meet both ends. I happened to see many letters addresed to Corporate Office demanding/ requesting disbursement of payment to contract Labourers. But the fact of the matter is  that Corporate Office is not paying wages to contract labourers but settling the  claims of contractors' bills only  which got consolidated and sent by  Circle Office to CO, ND.  Once bills are gone from SSAs after Pass Order, then that means payment is made by the contractor and EPF is paid and chalan is attached for the same to claim back from the BSNL. If wages are not sent to the respective Bank account of the workers- that wages not paid , and chalan for PF is  attached without paying to PF office, then the claim  is false and the bill is  bogus.
Some questions we need to ponder to make the system to work proper, though we find a  lot of practical difficulties. Unless all act with fairness, corrective measures may become difficult. But the need of the hour is  that all should act with utmost responsibility with the needy empathy.
Why any JTO/SDE is signing the certificate that Payments are sent by the contractors without verifying the bank pass books of  contract workers for the relevant month ( sample atleast)?
Why contractor bills are passed by the accounts section in the respective SSAs even after knowing wages not paid, PF not remitted or false chalan produced?
Why the principal employer the GM/PGM of the respective contract area failed to make arrangements or taking no initiative when knowing wages not paid to the labourers by the respective contractors as per the tender agreement? Why he is failing his duty by sending bogus bills to circle Office?
Why Circle Administration failed to send back the false claims after knowing that wages not paid, PF not remitted to the EPF office but falsely claimed by the contractor and wrongly passed by the SSA Administration?
Why Circle Vigilance or SSA Vigilance is silent about this  kind of wrong practices of claiming the false bills without adhering the tender conditions?
Why Corporate Office  failed to question about this false claim practice   of Contractors after  reading the letters  sent by the unions demanding payment of wages to contract workers which CO is not doing? Why they fail to clarify the issue whether they are paying wages to CL or settling bills to contractors?
Is there any idea of CAG to do any Contract System auditing in BSNL as done in the case of Railways? Is the issue   not more urgent in today’s condition?
If Contractors in the respective SSAs have any grievance about Non Payment by BSNL for their claims or any dispute on that why they failed to invoke the clause of Arbitration and bring the matter to the concerned arbitrator? Who is authorized to monitor from the settled amount of bills these fellows in return paying the wages and who is empowered to certify that? Sheer confusion…
I have gone thro some tender documents and taken two documents one from Coimbatore SSA of 2018 and another Trichy SSA  of July 2019. Both the documents are running into 112 pages. But for the benefit of those willing to see facts, I have extracted the relevant portions one to 4 pages ( CBT), and the other even less to 2 pages. On reading carefully, we can understand the system and how it works so falsely with bogus claiming as if they did all as per the tender assignment/ agreement without doing anything even in iota.
COIMBATORE E- TENDER
http://www.tamilnadu.bsnl.co.in/tenders/Attachments/Admin_201804051730_CBT%20050418.pdf
E Tender 5-4-2018
2.6. The service provider will be solely responsible for the employment of labourers and payment of wages, allowances and other benefits etc. to them and BSNL shall in no way responsible for the same. He should not wait for the BSNL’s payment to pay to his labourers. The payment has to  be made on or before 7 th of the following month without fail. Failing which 1% of amount of wages payable will be recoverable as penalty from his/ her very next bill for each week of delay or part thereof. The payment has to be made through Bank / cheque and salary slip should be issued to the labourers and the proof of payment should be enclosed. Employee’s contribution of ESI / EPF should be deducted and the same should be paid with employer’s contribution to the EPF / ESI account of the labourers.
2.7 Paid EPF challans of the labourers engaged by the contractors of Coimbatore SSA and IMPCS should be attached with the bills every month. The contractor should submit every month a copy of ECR along with the Challan containing the relevant details, in order to check the remitted amount status along with the names of employees for whom the contractor’s establishment has remitted the amount.
2.8. EPF payment of the labourers engaged by the contractor in respect of this tender should be remitted in the Office of the Employees Provident Fund Organisation, Coimbatore only.
2.13. Identity card should be supplied by the agency to their employees. No person will be allowed to work in BSNL without identity card.
2.14. The Housekeeping agencies should ensure that the persons employed by them should not participate in any Dharna or Agitation or strike organized by them or by the trade union / Association of BSNL. Tender will be terminated for violation of the above condition with the forfeiture of Security Deposit.
8. PAYMENT OF BILLS
8.1. The contractor shall submit all his bills on monthly basis (calendar month) in triplicate on serially machine numbered printed forms only, to the officer (Divisional Engineer) concerned along with an advance stamped receipt on or before 5th of the following month. The acknowledgment for  submission of bills should be obtained from the concerned DEs. The contractor shall also submit a certificate that he had paid the wages as per minimum wages prescribed, to all his labourers for the previous month with the name of labourers, amount paid, date of payment etc. Without these copies the bills will not be considered for payment.
8.2. The bills for payment should be prepared neatly. The approved contractor should note the tender number in the concerned bills for payment.
8.3. The approved contractor shall strictly submit the bills as per clause 8.1. If the bills are not submitted within 15 days from the date of completion of work, the bills will be summarily rejected and claim will not be entertained.
8.4. The contractor shall enclose the payment copies of the previous month’s salary, GST , EPF, ESI Statement of both employer and employee’s contribution.
8.5. Previous month paid EPF challans of the labourers engaged by the contractors of this tender should be attached with the bills every month. The contractor should submit every month a copy of ECR along with the Challan containing the relevant details, in order to check the remitted amount status along with the names of employees for whom the contractors establishment has remitted the amount.
8.6. A copy of ESI card of each labourer should be enclosed with the bills submitted for payment for verification and record purpose.
8.7. The Minimum Wages as per the Ministry of Labour Notification amended from time to time will be paid.
8.8. The minimum wages in the establishment falling under Govt. of India revised by the Ministry of Labour and Employment, Govt. of India will be paid as and when rates are increased/ changed but the amount of service charges quoted by the tenderers will remain the same during the entire period of contract including the extension, if any and GST will be paid as applicable.
8.9. The contractor shall submit a certificate that he had paid the wages as per Minimum Wages Act,to all his labourers for the previous month. Without these copies the bills will not be considered for payment.
8.11. The payment will be made through E - payment for which the contractor has to produce a mandate form.
8.12. Monthly payment to the labourers should be made by the contractors only through Banks /Cheque. Also salary slip should be issued to the labourers by the contractor. A monthly wage sheet contains the following columns should be enclosed with the bill.
1. Name of the labourers
2. Station
3. Wages per day
4. No of day’s duty
5. Total days paid
6. Total amount paid
Signature of the contractor                                       Signature of witness  (not below the rank of JTO)
8.13. The monthly bills of the contractors shall be accompanied with statement mentioned above and paid challans of EPF & ESI. In respect of EPF, a combined challan of EPF Account numbers with the details of Employer/ Employee contribution remitted to EPF Organization with TRRN Number and the list of labourers downloaded from the particular Account of the EPF Organization should be enclosed with the bills. These challans should be exclusively for the labourers of the concerned SSA only. No consolidated proof of challan by including various other SSAs will be accepted.
 8.14. Wages Register duly certified by the BSNL authorized officer is to be maintained by the contractor
9. RIGHTS RESERVED FOR BSNL
9.1. BSNL Coimbatore reserves the right to blacklist a tenderer for a suitable period in case he fails to honour his tender without sufficient grounds.
9.6. This award of work contract does not confer any right to appointment in BSNL.
9.10. BSNL, Coimbatore reserves the right to increase / decrease upto 25% (both upto25% only) in the number of work units. For such increase / decrease, the amount payable will be equivalent on prorata basis calculated based on the agreed rate service charges per month.
16. COMPLIANCE WITH LAWS AND REGULATION
16.1. All the successful tenderers are bound by the labour laws as amended from time to time and also bound by the various provisions of the said laws.
16.2. All payments of salaries, leave, Bonus, EPF, ESI Contribution for the labourers engaged by the contractor for the execution of the tender work and all other liabilities imposed by the Minimum Wages Act , Contract Labour (R & A) Act 1970, Bonus amendment Act 2015 and the EPF and ESI organizations wherever applicable will be the sole responsibility of the contractor. The guidelines as per the Bonus amendment Act 2015 should be followed. The payment of Bonus to the labourers engaged in this contract will be the responsibility of the tenderer and it will not be reimbursed by BSNL.
17. CERTIFICATE
 BSNL Non executive & Executive employees also called Group-A and Group-B officers either directly recruited or on deputation and their near relatives are prohibited from participation in this tender. Hence, the tenderer participating in the BSNL tender should ensure that none of their near relatives are working in BSNL
SECTION –IV
 SPECIAL CONDITIONS OF CONTRACT
33. The contract labourers deployed in the locations are to be given weekly off.
34. No contract labour should be utilized for beyond 8 hours in a particular day. No carry over of duty from the previous day (night duty) and the early morning duty. (i.e. continuous duty not allowed for more than 8 hours)
AGREEMENT :  4.11. (a) The Party of second part shall also be bound to discharge obligations as provided under various statutory enactment including the Employees Provident Fund & Miscellaneous Act, 1952,Employees Pension Scheme, 1995, ESI Act 1948, Contract Labour (Regulation and abolition) Act, 1970, Minimum Wages Act 1948, Payment of Wages Act 1936, Payment of Bonus amendment Act 2015, Payment of Gratuity Act, 1972, Workmen's compensation Act 1923, Works Contract Act, 1999 and other relevant Acts, Rules and Regulations in force and as amended from time to time and are in force in the State where the subject work under this Contract are executed.
 (b) The engagement and employment of labourers and payment of wages to them as per existing provisions of various labour laws and regulations is the sole responsibility of the Party of second part and any breach of such laws or regulations shall be deemed to be breach of this contract. BSNL may ask the contractor to produce documents to verify that these provisions/laws are complied with by the contractor.
(c) All wages allied benefits such as leave, ESI, EPF, Gratuity , Bonus etc, shall be paid by the Party of second part and BSNL shall not incur any liability or additional expenditure whatsoever for personnel deployed
4.14. Maintenance of records
4.14.1. The Party of Second Part shall maintain a true and accurate record of all the salaries and direct operating expenses related to the expenses and other incidental activities.
5.1.1. The Party of First Part shall pay to the Party of second Part an amount based on the monthly bill. Any demand by the party of second Part shall not be entertained by the Party of first Part towards any other use apart from this agreement shall not be claimed and is agreed to be sufficient consideration for payments of prescribed monthly fee.
section vi financial bid
All payments of salaries, leave, Bonus, EPF, ESI Contribution for the labourers engaged by the contractor for the execution of the tender work and all other liabilities imposed by the Minimum Wages Act , Contract Labour (R & A) Act 1970, and the EPF and ESI organizations wherever applicable will be the sole responsibility of the contractor. The guidelines as per the Bonus amendment Act 2015 should be followed. The payment of Bonus to the labourers engaged in this contract will be the responsibility of the tenderer and it will not be reimbursed by BSNL.
                                                                                               (sd  AGM MM Tender  o/o PGM CBT)

TRICHY TENDER

Office of the PGM, BSNL,Trichy–620001 PGM/S8/WT/Supply of Man power assistance /Zone III/PDK,AYL&PAU/2019-20/1 dt at Trichy the 09.07.2019
Every Labours eligible to get one day paid OFF if he/she has worked continuously for six days without any break. Apart from the weekly paid off he/she will be eligible to avail three paid National Holidays if he/she continuously worked in the particular week of NH falls. The wages daily paid include the wage component for the weekly off also and hence no separate wage will be paid for weekly off. A festive holiday is offered at the discretion of management.
15.1.E-Payment: - Contractor’s bill payment shall be made through E- payment to concerned contractor’s bank account no. for which a consent letter with other details given in Annexure-I should be filled in and signed by the Tenderer.
15.3. The bills shall be submitted in the printed format with the bill numbers running in sequence. 15.4. PAN number should be furnished in the bill. 15.5.GST registration details shall be available in the Bill. 15.6. EPF/UAN registration details/remittance details in respect of each of the Manpower/Housekeeping unit employed by the contractors. 15.7.Certificate regarding work done, pass order, countersignature of the officer concerned should be made available in the back side of the bill, leaving half of the page for GM Office use, for furnishing pass order, pay order etc
18.5FAIR WAGES CLAUSE: The Contractor(s) shall pay wages not less than the fair wage to the labourers engaged by him/them for the work as per minimum wages Act. Explanation: (a)'Fair Wage' means wage whether for time or place of work fixed by Law or otherwise notified at the time of inviting tenders for the work and with such wages prescribed by the CLC/District Collector whichever is higher for the District in which the work is done
18.11 A labour is performing 8 hours minimum duty per day for six days in a week only eligible for weekly off as in clause 21.10. Part time duty performer will not be eligible for weekly/off.
19. MODE OF PAYMENT TO THE AGENCY: The bills raised on “General Manager, BSNL, Trichy” should be submitted in Duplicate (Separate Bills for Each Zone) every month with an Advance stamped Receipt along with proof of payment of wages, EPF and ESI for the month for which bill is raised by the agency to The AGM (NWP-CFA), O/o General Manager, BSNL, Trichy-1 with necessary certificates from concerned Unit Officer for processing the payment by cheque
The payment to the agency will be made on the basis of actual number of manpower supplied each day and computed on monthly basis. The bills in order will be processed and payment will be done normally within 6weeks from the date of receipt of the bills. However the contractor ought to make the payment to the labourers on or before 7th of every month without waiting for clearance of the bill.
g) Minimum wages applicable and as fixed by the concerned authority should be arranged to be paid with pay slips (Pay slips should contain the amount of EPF/ESI amount deducted and EPF Numbers-UAN/ESI Nos) periodically to the persons engaged by the agency not later than the 7th of every month.
j)The successful Tenderer shall pay the Bonus to the contract labours as per the Bonus Act or applicable rate in force /any amendments to be made from time to time as per GOI guide lines. The Bonus amount should be paid to the representative before DIWALI every year. In case, the Tenderer fails to adhere to the same, BSNL is entitled to pay and recover the amount payable to the Tenderer
k) The Tenderer should pay the wages to the labour on or before 7tth of each month for the previous month wages without waiting for settlement of his any bill from BSNL. l) The contractor shall be responsible for maintaining of the following register/records required to be maintained under various labour laws. 1) Register of Attendance/ Muster Roll 2) Register of Wages 3) Register of Fines 4) Register of Wage slips 5) Register of leaves/Absentees 6) Issue of company ID card of the contractor company
n) The Contractor shall ensure to meet their obligations arising out of the employees Provident Fund and Miscellaneous Provisions Act 1952 by making regular deductions of employee’s contribution and payment of both employee’s and employer’s contribution for the persons engaged by them to the office of the Regional Provident Fund Commissioner, Tiruchirappalli only. A copy of the challan showing deposit of the monthly contribution along with list of labourers to whom payment is made shall invariably be provided to the principal employer. It is the responsibility of the Contractor to obtain annual EPF Balance Sheet and distribute them among all the persons engaged by them under proper acquaintance under intimation to Asst .General Manager, (NWP/CFA)/AGM (HR & Admin), O/o G.M, BSNL, TRICHY-1 not later than the month of May of every year
o) The successful Tenderer while submitting the Bill, the following details is to be enclosed along with the bill. i) List showing the details of persons engaged. ii) Duration of their engagement. iii) The amount of wages paid to such persons for the duration in question. (Wage Slip) iv) Amount of EPF contribution (Both employer’s & employees’ contribution) along with the current EPF/UAN number of each labour for the duration of engagement in question, paid to the EPF Authorities.( Mention the amount separately for each category)
21 (ii) The attested copy of EPF payment of previous month along with details duly mentioning their names and amount paid for each separate for employer share and employee’s share.
 (iii) The Xerox copy of code numbers allotted by the respective EPF to the labours engaged by the successful bidder should be submitted. The original code numbers issued by the respective organization ie. EPF should be submitted to this office for verification. Further any additional units engaged by the successful bidder in the course of the contract, the code numbers should invariably be obtained from the respective organization and the same should be submitted to this office within fifteen days from the date of engagement.
 (iv) The contractor should also ensure – credit of EPF payments to the respective employee’s every month. Only on receipt of the statement, the bill for the earlier month work will be processed for payment…..The contractor should furnish statement to each official their up to date credit before 25th of April, July, October and January after confirming from EPF organization.




Saturday, July 6, 2019

பட்டாபியின் 5 புத்தகங்கள்

பட்டாபியின் கீழ்கண்ட 5 புத்தகங்கள் www.freetamilebooks.com குழுவினரால் வலையேற்றம் செய்யப்பட்டுள்ளன. விழைவுள்ளவர் பதிவிறக்கம் செய்துகொள்ளமுடியும். தமிழ் உலகில் விலை ஏதுமின்றி கருத்துக்களை கொண்டுசெல்லவேண்டும் என்கிற விழைவில் தமிழ் ஆக்கங்களை சில இளைஞர்கள் மின்னூல் வடிவில் தங்கள் பெரும் உழைப்பை செலுத்தி கொண்டுவருகின்றனர். அந்த இளம் தோழர்களுக்கு எனது வாழ்த்தும் நன்றியும். இதுவரை 500க்கும் மேற்பட்ட தமிழ் புத்தகங்களை இந்நண்பர்கள் இலவசமாக அனைவருக்கும் கிடைக்க வழி செய்துள்ளனர். 60 லட்சத்திற்கு மேற்பட்ட பதிவிறக்கங்களுக்கு அவர்களின் உழைப்பு பயன்பட்டுள்ளது. எனது சிறிய உழைப்பும் இப்புத்தகங்களை எழுதுவதில் உள் உறைந்து இருக்கிறது. மகத்தான தமிழ் எழுத்தாளர்கள் மத்தியில்  நான் ஒரு பொருட்டானவன் அல்லன் என்றாலும்
போராளிகளின் சிந்தனைகள்  4419
பகவத்கீதை பன்முகக் குரல்கள்  3341
ஹெகல் துவங்கி    2155
மாக்சிம் கார்க்கியின் அரசியல் வெளி 1424
நவீன சிந்தனையின் இந்தியப் பன்முகங்கள்  400
பதிவிறக்கங்களை பெற்றுள்ளன.  இவ்வைந்து புத்தகங்களும் 11739 முறை  பதிவிறக்கம் செய்யப்பட்டுள்ளன். இதில் 200 பேர் படித்திருந்தால் கூட இன்றுள்ள சூழலில் அவர்களுக்கு நான் கடமைப்பட்டவனாகிறேன். என் அன்பை தெரிவிக்கிறேன். பலருக்கும் நேரம் பெரும் பிரச்சனையே. எஞ்சி வாழப்போகும் காலத்தில் ஏதோ ஒரு வகையில் சமூகப் பயன்பாடு இருக்கவேண்டுமே என்கிற  ஆர்வத்தில் செய்யப்பட்ட முயற்சியாக எனது புத்தகங்களை பார்க்கலாம். பீற்றிக்கொள்வதற்கு ஏதுமில்லை.


Wednesday, July 3, 2019

IMPLEMENTATION OF BUDGET ANNOUNCEMENTS 2018-19


STATUS OF IMPLEMENTATION OF BUDGET ANNOUNCEMENTS  2018-19 (  samples given below from the 50 pages document)

1. Agri Market infra Fund with a corpus of Rs 2000 croe will be set up for developing 22000 Grameen Agri Markets-  Govt reports Process only initiated approval yet to be
2. Cluster based model for agri produces as that of Industrial sector- It is named  as Shyama prasad Mukherji National Rurban Mission. But 100 clusters only to be developed though 295 identified.
3.Organic Farming by Farmer Producer Organisations and Village Producers organisations in 1000 hectares clusters-23679 villages identified
4. Basic Vegetables Tomato, Onion, Potato (TOP) challenges and operation Green scheme Rs 500 cr allocated- The scheme guidelines finalised
5.Realising agri exports market from 30 billion dollars to 100 bn dollars- Agri export policy approved on 6-12-2018- No information about how much realised
6.Extending the facility of Kisan Credit cards- RBI has been requested to issue instructions- No Information about RBI issued guidelines
7. Institutional credit for Agri sector raised from 10 lakh crore to 11 lakh crore- Upto Aug 2018 credit disbursement 9.15 cr. No futher information.
8.Free LPG connections to 5 crore poor women then revised to 8 crore by 2019-20..-5.89 crore LPG connections issued so far
9. 4 crore poor hosehold free electricity, 16000 crores spending- 2.31 crore connections provided spending 12859crore by Ministry of Power
10. 2 crore toilets- 2.13 crore constructed
11. Own Houses to poor- As on 28-12-2018 63 lakh completed for the target of 1.02 houses
12. Loans to SHG incresed  to 75000 by march 2019- As on december 27th 2018, the outstanding  total loan is 75024 cr
13.Ground water irrigation scheme allocation 2600 cr- State Govts are requested toforward their proposals
14. World's largest Govt funded Health care Programme for 50 crore beneficiaries- Rashtria swasthya Bima Yojana and senior citizen scheme subsumed w.e.f 23-9-2018 ( no report about beneficiaries)
15. MuDRA loans- target 3 lakh crore but 41 % sanctioned to 2.29 crore borrowers
16.Govt contribution 12 % of the wages in the EPF for next 3 years- Govt has approved payment of Employer's contribution as 12 % for Fixed term employment gazette notification issued on 16-3-2018
17. women employees contribution 8 % to enable higher take pay - A proposal is being considered
18. Railways_New line target 1000 KM but achieved 212.6 km, Gauge conversion target 1000 KM but achieved 211.3 km
19.Monetising select CPSE assets- DIPAM is in the process
20. Telecom infra augmentation 10000 cr provided-8175 cr alloted to USOF for Bharat Net Project.
21. 5 G test bed- Indigenous 5 G test Bed total cost 224 cr  over a period of 36 months
22. Liberalisation in Defence Production- Defence production corridor set up - 5 in TN
23.Listing and strategic disinvestment- 14 PSUs listed, strategic disinvestment process of 22 PSUs are in different stages of implementation
24. Merger of Insurance Companies- Expected to be completed by 2019-20
25.Disinvestment target 80000 cr-Till 10-12-2018 Govt has realised 34005 cr
26. Gold Policy as asset-- Draft circulated  Gold as financial asset- Gold Monetisation scheme under consideration
27. Memeber of Parliament salaries Revision- done w.e.f 1-4-2018 and automatic revision on every 5 years commencing from 1-4-2023.
( Courtesy Finance Ministry Document Implementation of Budget Announcements for 2018-19)
3-7-19

Tuesday, July 2, 2019

First Budget Speech of Independent India



SPEECH OF SHRI R.K. SHANMUKHAM CHETTY, MINISTER OF FINANCE, INTRODUCING THE INTERIM BUDGET FOR THE YEAR 1947-48
( Original Speech is 22 pages-  Excerpts only given here- RP)
Sir, I rise to present the first Budget of a free and independent India. This occasion may well be considered an historic one and I count it a rare privilege that it has fallen to me to be the Finance Minister to present this Budget. While I am conscious of the honour that is implied in this position, I am even more conscious of the responsibilities that face the custodian of the finances of India at this critical juncture. I have no doubt that in the discharge of my responsibilities I may count on the sympathetic and wholehearted cooperation of every Honourable member in this House.

The partition of the country has cut across its economic and cultural unity and the growth of centuries of common life to which all the communities have contributed. The long-term effects of the division of the country still remain to be assessed and we are too near the events to take a dispassionate view. When the ashes of controversy have died down, it will be for the future historian to judge the wisdom of the step and its consequences on the destiny of one-fifth of the human race. Whatever might be the immediate political justification of partition, its economic consequences must be fully appreciated if the two Dominions are to safeguard the interests of the ordinary man in both the new States. Regions which have functioned for centuries on a complementary basis have been suddenly cut asunder. To have had as a single economic unit a sub-continent peopled by a–fifth of the human race meant by itself a great advantage for the teeming millions of its population–an advantage not fully realised, and perhaps not properly utilized while the unity was a fact. While it may be comparatively easy matter to make the necessary political adjustments resulting from partition, it would require time, patience, goodwill and mutual understanding to effect the adjustments necessitated by the economic consequences of partition
Our economy is more balanced than that of most countries and, in spite of the setbacks resulting from partition, our large natural resources and sound financial position will enable us to launch a vigorous economic plan for substantially raising the living standard of our people.
The Budget Statement that I am presenting today will cover a period of seven-and-half months from 15 August 1947 to 31 March 1948.
it was not possible to reach an agreement on all matters before 15 August 1947 when the two Dominions came into existence and took over the Government of their respective territories. A number of important points were accordingly left over for further consideration by the two Dominions and, in the absence of an agreement between them, for reference to an Arbitral Tribunal which has been set up. Among the important issues on which it has not been possible to reach an agreement, I may mention the allocation of debt between the two Dominions, the method of discharging the pensionary liability, the valuation of the Railways, the division of the assets of the Reserve Bank and the division of the movable stores held by the Army
It has also been agreed that till the end of September 1948 the two Dominions will remain under a common currency system managed by the Reserve Bank, although from 1 April next Pakistan will have its own overprinted notes and coin.
There has been an almost total breakdown of the economy of the East and West Punjabs. While Government have done and are doing everything possible to relieve the immediate distress and suffering of the refugees, the formulation of long-range plans for their rehabilitation raises formidable issues both in the financial and administrative fields. These problems have imposed a heavy burden on the Central Exchequer, the magnitude of which it is not possible to assess at present. The budget of the Central Government for the next few years will be materially affected by this unexpected development in the country. Our whole programme of post-war development will have to be reviewed in the light of this context
The food position has continued to cause grave anxiety both to the Provincial Governments and the Central Government. The country has just weathered a serious threat of a breakdown of its rationing system. The results of the “Grow More Food Campaign” have been on the whole disappointing
The various steps necessary for making the country self-sufficient in foodgrains must now claim the highest priority. The implementation of this policy must largely depend on the Provincial Governments though the Government of India has been and will always be prepared to afford all possible help in this direction.
While the supply position has been deteriorating, increases in wages and salaries given by private employers and the Government had the effect of augmenting the purchasing power of the people and widening the gap between current money income and production of goods. The situation would not have been so bad if the unbalance between money and goods was confined to these factors only. The most disturbing factor which affects the situation today is the unspent balances of individuals and institutions accumulated during the peak years of inflation which are being spent on the deferred wants of individuals, repairs to industry and on the building of trade inventory. In other words, the money demand for goods is colossal compared to their local production
If the economy of this country is to be placed on a sound footing and maintained in a healthy condition, it is of utmost importance to increase internal production. The chances of increasing the supplies of commodities by imports are not very bright. Until recently we had a fair chance of sizable imports of consumer goods from the British Commonwealth countries from accumulated balances, but with the blocking of the major part of these and the growing adverse balance resulting from the large scale importation of foodgrains, the hope of procuring supplies from abroad is growing weak. We have, therefore, to fall back on our own resources
I have budgeted for a revenue of Rs. 171.15 crore and a revenue expenditure of Rs. 197.39 crore. The net deficit on revenue account in the period covered by these estimates will be Rs. 26.24 crore…Customs receipts have been placed at Rs. 50.50 crore and take into account the effect of the recent restrictions on imports for conserving our foreign exchange resources. Income-tax is expected to yield Rs. 29.50 crore on account of Excess Profits Tax (E.P.T.) and Rs. 88.50 crore on account of ordinary collections
Revenue from the Posts and Telegraphs Department is expected to amount to Rs. 15.90 crore and the working expenses and interest to Rs. 13.90 crore leaving a net surplus of Rs. 2 crore. The outright contribution of the department to general revenues will be three-fourths of the realised surplus, the department retaining the balance. The department will get a rebate of interest on its share of the accumulated profits in the past which, after allowing for the portion of the department transferred to Pakistan, is expected to amount to Rs. 7.50 crore. As regards the contribution from Railways we do not expect anything in the current year
The total expenditure for the year is estimated at Rs. 197.39 crore, of which Rs. 92.74 crore is on account of the Defence Services, the balance representing Civil expenditure
The strength of the Army at the time stood roughly at 4,10,000 troops. After the completion of the reconstitution of the Army, India will have roughly 2,60,000 troops….The future size and composition of the Armed Forces have been engaging the attention of the Government, as it is obvious that they must be related to the altered strategic needs of the country as well as to its reduced financial resources. Under the pre-partition demobilisation plan the Army was to be reduced to about 2,30,000 men for undivided India by 1 April 1949 against which we shall have about 2,60,000 men for our share alone after the reconstitution of the Armed Forces
When the subsequent developments indicated that the Supreme Commander’s office may not continue beyond 31 December 1947, it was decided to terminate the services of these British officers by the same date, leaving it to the two Dominions to offer fresh terms to any British officers they may wish to employ. The British officers have, therefore, been served with three months’ notice, as laid down in their present terms of service, with effect from the October 1947. The number of British officers whom it is essential for India to retain and the terms of service to be offered are now under the active consideration of Government and the actual terms under which they have been employed have now been agreed upon between the Government of India and His Majesty’s Government in the U.K. It may, however, be stated that the number of British officers to be retained will be relatively small and it is hoped that all operational Commands, at least in the Army and the Air Force, will be filled by Indian officers.
Of the total provision of Rs. 104.50 crore, Rs. 44.50 crore are accounted for by the expenditure on refugees and the subsidising of imported foodgrains, leaving Rs. 60 crore for normal expenditure. This includes Rs. 5 crore for tax collection, obligatory expenditure of Rs. 22.50 crore on payment of interest and pensions and provision for debt redemption, Rs. 2 crore on planning and resettlement and Rs. 12 crore for expenditure on nation-building activities such as education, medical, public health, the running of scientific institutions and scientific surveys, aviation, broadcasting, etc., in which the Centre largely supplements the work of the Provincial Governments by providing valuable assistance by way of specialised services and research, leaving a balance of Rs. 18.50 crore for the ordinary expenditure on administration, civil works, etc. This expenditure only constitutes 18 per cent of the total civil expenditure included in the Budget. In addition to the expenditure of Rs. 12 crore on nation-building activities mentioned above, provision has also been made in the Capital Budget for a grant of Rs. 20.39 crore to Provincial Governments for development and Rs. 15 crore for loans
Our borrowing programme will be such as will enable us to obtain the funds required by Government as cheaply as possible without in any way affecting the flow of investment into industry. It is also my intention to reorganise the small savings movement which was considerably expanded during the war years, so that it might be retained as a peace-time organisation with the primary purpose of encouraging savings among the middle classes. In cooperation with the Provincial Governments, steps will be taken to place the movement on a permanent footing. I take this opportunity of appealing to the chosen representatives of the people in this House to cooperate with Government fully in their borrowing programme. If the standard of living of our people is to be substantially raised by undertaking large schemes of development, both the rich and the middle classes should come forward to place their savings at the disposal of the Government
From September 1939 up to 31 March 1946, we earned Rs. 405 crore worth of United States dollar and spent Rs. 240 crore worth of United States dollar, leaving a surplus of Rs. 165 crore. On the other hand, in the same period we spent net Rs. 51 crore worth of other hard currencies, namely those of Canada, Switzerland, Sweden and Portugal, so that our net surplus on hard currency account was Rs. 114 crore. During the year 1946-47, we had a deficit in the balance of payments with the United States of Rs. 15 crore, having earned Rs. 83 crore and spent Rs. 98 crore, and a deficit in the balance of payments with other hard currency countries of Rs. 7 crore.
The House will appreciate that there is a Iarge measure of uncertainty about the future allocation of resources between the Centre and the Provinces, and till this is decided it will be difficult to make any forecast of Central resources or determine the extent to which they will be available for development, and I hope to take this question of re-examining the development schemes with the Provincial Governments shortly. Meanwhile, all the approved schemes of development will be continued and the necessary funds will be made available for them. Having given this assurance on behalf of the Central Government, I would earnestly urge on the Provinces the need for conserving all their resources and securing the most rigid economy in expenditure.
the House will be interested to know that an agreement has been reached between the Central Government and the Provincial Governments concerned regarding the setting up of the Damodar Valley Authority. Another scheme which is likely to be taken up very shortly is the construction of the Hirakud Dam in Orissa at an estimated cost of Rs. 48 crore, the benefits from which will include irrigation for over a million acre, 3,50,000 kilowatt of power and a considerable degree of protection from floods to the coastal districts of Orissa. It is hoped shortly to reach an agreement on this project with the Orissa Government and the Orissa State after which the actual work of construction would begin early in 1948. It is also proposed to concentrate on the construction of the Bhakra Dam in the East Punjab.
The expenditure estimates include Rs. 22 crore for the evacuation and relief of refugees while subsidies for imported foodgrains are expected to cost Rs. 22.50 crore. Defence expenditure is also considerably inflated due to the slowing down of demobilization following the partition of the country and the necessity to maintain larger forces than would normally be necessary. It must also be remembered that no credit has been taken in the estimates for Pakistan’s share of the expenditure on pensions and interest. If these factors are allowed for the Budget deficit of Rs. 26.24 crore will be converted into a surplus
There is no doubt that economically and strategically the partition of the country has weakened both the Dominions created by it and it is a truism that an undivided India would have been in every way a stronger State than either. But the Indian Dominion with its acceding States would still cover the larger part of our country, with immense resources in men, material and industrial potential. Our debt position is also intrinsically sound and for a country of its size, India carries only a relatively small burden of unproductive debt. Our external debt is negligible and we have considerable external resources in the accumulated sterling balances. At the beginning of this year, the total public debt and interest bearing obligations of undivided India stood at roughly Rs. 2,531 crore of which only Rs. 864 crore represented unproductive debt and Rs. 36 crore external debt, while her external reserves amounted to over Rs. 1,600 crore. The share of Pakistan in these has not yet been determined but it is unlikely to affect the broad proportions of this picture.
As regards food, I am sure the House will agree that the country cannot indefinitely rely on imports. For one thing this places us at the mercy of foreign countries for our vital necessities and for another large scale imports of foodgrains seriously effect our foreign exchange position and threaten to consume the bulk of the available resources which are badly required for the industrialisation and development of the country. We must concentrate all our energies on producing as much food as possible within the country
There is no need for any serious difference of opinion based on mere ideologies. Whatever might be the ultimate pattern of our economic structure, I hold the belief that for many years to come there is need and scope for private enterprise in industry. We cannot afford to lose the benefit of the long years of experience which private enterprise has gained in the building up of our industrial economy. I believe that the general pattern of our economy must be a mixed economy in which there is scope both for private enterprise and for State enterprise. Before I present the annual Budget to this House next February, I shall make a careful examination of the consequences of our taxation policy and endeavour to make any adjustments that may be necessary to instil confidence in private enterprise. In the meantime, I may assure the House that it is not the policy of the Government to hamper in any way the expansion of business enterprise or the accumulation of savings likely to flow into investment.
For the first time in two centuries we have a Government of our own answerable to the people for its actions. It is the duty and the privilege of such a Government to render an account of its stewardship to the representatives of the people, but the Government has also the right to ask for the cooperation of the entire community in carrying out the accepted policies. Events of the last few weeks have unmistakably shown that the political problems arising out of our status have not yet been fully solved. While we have secured freedom from foreign yoke, mainly through the operation of world events and partly through a unique act of enlightened self-abnegation on behalf of the erstwhile rulers of this country, we have yet to consolidate into one unified whole the many discordant elements in our national life. This can be achieved only by the rigorous establishment of the rule of law which is the only durable foundation on which the fabric of any democratic State can be raised. Respect for law is essentially a matter of political training and tradition and transition from a dependent to an independent status always makes it difficult in the initial stages to secure that unflinching obedience to the rule of law which always acquires a new meaning in a new political context. If the fabric of the State is not built on durable foundations, it will be futile to try and fill it with the material and moral contents of a good life

Saturday, June 29, 2019

நவீன சிந்தனையின் இந்தியப் பன்முகங்கள்

                  தோழர் பட்டாபியின் புதிய புத்தகம்- கட்டுரைத்தொகுப்பு
நவீன சிந்தனையின் இந்தியப் பன்முகங்கள்

படிக்க சொடுக்குக: https://archive.org/details/converted_20190630

ஆசிரியர் விழைவு
இத்தொகுப்பில் இடம்பெற்றுள்ள ஆளுமைகள் வெவ்வேறு இடங்களில் பிறந்து வளர்ந்தவர்கள்அவர்கள் பிரிட்டிஷ் ஆட்சி, மேற்கு கல்வி, ஆண்ட இஸ்லாம்-  கிறிஸ்துவம் என்ற பொதுச்சூழலில் வளர்ந்தவர்கள். இந்துமதத்தின் நிறைகுறைகளை அறிந்து அதன் பின்னணியில் வளர்ந்தவர்கள்சிலர் இந்திய பண்பாடு  என்பதை மேற்கு பண்பாட்டிற்கு இளைத்த ஒன்றல்ல என  நிறுவ முயன்றவர்கள்ஆங்கிலக்கல்வி, மேற்குலக பயணங்களால் தங்கள் சிந்தனையை கூர்தீட்டிக்கொண்டவர்கள். இந்திய விடுதலை என்கிற கனவை சுமந்தவர்கள். அய்ரோப்பிய தத்துவ பலத்திற்கு முன்னால் கையைக்கட்டிக்கொண்டு நிற்காமல் தங்கள் சிந்தனையை உலகறிய செய்யவேண்டும் என தவிப்புகொண்டவர்கள். இந்தியாவின்கடைக்கோடி மனிதனுக்கும் வாழ்க்கை’ என்கிற பேரவா அவர்களை துரத்தி செயல்பட  வைத்தது.  அவர்கள் தவறே செய்யாதவர்களாக இருந்திருக்க முடியாது. விமர்சனத்திற்கு ஆளாகாமல் செயல்பட்டிருக்க முடியாது.  அவமதிப்புக்களைக்கூட அவர்கள் தாங்கி பல வாய்ப்புக்களில் பிரகாசித்தவர்கள்.
நவீனகால இந்தியாவை கட்டுவதில் இவர்களது சிந்தனை செயல்களுக்கு பெரும் பங்கிருக்கிறது. இவர்களின்  மண்சார்ந்த ஞானம்  அவர்களது ஆக்கங்களை படிக்கும்போது நம்மை பிரமிக்க செய்கிறது. தாகூரும், விவேகானந்தரும், ராதாகிருஷ்ணனும் நம்மை மட்டுமல்ல உலகை வியக்க வைத்தவர்கள். சாளரமாக இருந்தவர்கள். லாலாஜி, பிபின், ராஜாஜி, கிருபளானி , நரேந்திரதேவா குறித்தும்   முன்கூட்டி நிற்கும் அனுமானங்கள் (prejudice)  எதிலும் ஆட்பட்டுக்கொள்ளாமல் அவர்கள் ஆக்கங்களை படித்து அதன்மூலம் அவர்கள் இக்கட்டுரைகளில் பேசப்பட்டுள்ளனர். இவர்கள் அனைவரையும் பற்றி உணரப்பட்ட உன்னத சிறப்புகள், விமர்சனங்கள் அப்படியே கொடுக்கப்படுகின்றன.
இந்தியாவில் இன்று நிலவும் அரசியல்    சூழலில் இப்பெரியவர்களின் எவரையும் விலக்கி ஒதுக்கா ஞானம் (wisdom of Inclusiveness) இளம் தலைமுறைக்கு சென்று சேர வேண்டும் என்பதே கட்டுரை ஆசிரியரின் விழைவு. அவர்கள் சிந்தனையின் உன்னதங்கள் நின்று நிலைபெறட்டும். வழக்கொழிந்தவைகள் மங்கி மறையட்டும்.
21-1-18                                        - ஆர். பட்டாபிராமன்

பதிவிறக்கம் செய்திட:
https://ia601503.us.archive.org/33/items/converted_20190630/%E0%AE%A8%E0%AE%B5%E0%AF%80%E0%AE%A9%20%E0%AE%9A%E0%AE%BF%E0%AE%A8%E0%AF%8D%E0%AE%A4%E0%AE%A9%E0%AF%88%E0%AE%AF%E0%AE%BF%E0%AE%A9%E0%AF%8D%20%E0%AE%87%E0%AE%A8%E0%AF%8D%E0%AE%A4%E0%AE%BF%E0%AE%AF%E0%AE%AA%E0%AF%8D%20%E0%AE%AA%E0%AE%A9%E0%AF%8D%E0%AE%AE%E0%AF%81%E0%AE%95%E0%AE%99%E0%AF%8D%E0%AE%95%E0%AE%B3%E0%AF%8D-converted.pdf

Friday, June 14, 2019

Comptroller Auditor General Report 19 of 2018


                                               Comptroller Auditor General   Report 19 of 2018
            -          R.Pattabiraman

I happened to go thro the report of CAG regarding Contract Labours in Railways and Compliance to Statuary Requirements.  Unfortunately no such report for BSNL was found and it is not known also whether CAG intended to have one such audit in BSNL about the system of contract and its compliance of statuary provisions spelt in various acts. The HOC of BSNL in their meeting recorded that one lakh contract Labours are presently working in BSNL.   If  such a big  size means, the issue is very serious regarding the compliance of statuary requirements like Minimum Pages and Paying the same in the prescribed period- Taking responsibility for EPF and ESI- Keeping registers  speaking details of Contractors and labours- wage register etc.
I have given here some relevant observations from the report of CAG (of course w.r.t Railways) which may be useful to those working for the welfare of labours. These are all CAG Paras and so have some importance.
It seems that Railways do not have any such Contract Labour Payment Management Portal  a kind of  in-house developed application initiated by Minister Piyush Goyal for CIL. NLC  is  also following this type of portal management system. It is a comprehensive database of all contract workers engaged by different contractors and the system has in-built mechanism to validate minimum wages paid, generate wage slips and employment card etc. of contract workers as required under the Act. The portal provides access to all contract workers, through a Workers Identification Number (WIN), to view their personal details and payment status. Contract workers can also register their grievance through this portal.
CAG observed that Railways not used the opportunity utilizing the Unified Shram Suvidha Portal of Ministry of Labour to improve compliance of labour laws.  It is difficult to understand whether BSNL management from top to bottom has any awareness about these all.
 Paras From CAG  Report
1.1.1 What constitutes 'contract labour'
Contract labour is a term which is applied to manpower engaged by somebody else to produce a given result to the Principal Employer, where this manpower has no direct relationship of employer-employee with the Principal Employer. This includes supply of manpower to Principal Employer by a contractor, where the contractor is not involved in the specified activity. Thus, contract labour system is not restricted to outsourcing only. 'Contract labour' reflects manpower whereas 'outsourcing' reflects the job or the activity.
When the jobs and services are outsourced and are carried out in some other premises not being premises under control and management of the Principal Employer, CLRA, 1970 will not apply. All other outsourced jobs and services, which are carried out in the premises of the Principal Employer will be covered under CLRA, 1970
2.4.5 In case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the Principal Employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be, to the contract labour employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.
2.5 Maintenance and preservation of prescribed registers and records
a) Maintenance of records by the Principal Employers In respect of each registered establishment, Principal Employers are required to maintain a ‘Register of Contractors’ in Form XII (Appendix VI) showing name and address of the Principal Employer, name and address of the establishment, name and address of contractor, nature of work on contract, location of contract work, period of contract and maximum number of contract labour employed by contractor
b) Maintenance of records by the contractors Every contractor is also required to maintain a number of important records. This includes Muster Roll, Register of Wages, Register of Deductions, Register of Overtime, Register of Fines, Register of Advances, Wages Slips34 etc.
3.1.1Responsibility of the Principal Employer to ensure registration of the contractor before award of contract
As per the directives of Employee’s Provident Fund Organization  , before awarding any contract, the Principal Employer shall ensure that the contractor is registered with EPFO. After award of the contract the contractor details should also be entered by the Principal Employer in the EPFO portal.
3.1.3 Allotment of Provident Fund Account Number to Contract Labour Rules50 require that the employer (contractor) shall send to the organisation of EPF Commissioner within 15 days of the close of each month, a return in Form 5 of the employees qualifying to become a member of the fund for the first time during the preceding month together with the declaration in Form 2 furnished by such qualifying employees’. The Commissioner shall promptly allot a PF Account
Number to each employee qualifying to become a member and shall communicate the Account Number to the member through the employer 3.1.4 Responsibility of the Principal Employer towards payment of EPF deduction from the wages of contract labour and contribution by the contractors
Principal Employer is responsible to pay both the contribution payable by himself in respect of the employees directly employed by him and also in respect of the employees employed by or through a contractor and also administrative charges. In respect of employees employed by or through a contractor, the contractor shall recover the contribution payable by such employee (member’s contribution) and shall pay to the Principal Employer the amount of member’s contribution so deducted together with an equal amount of contribution (in employer’s contribution) and also administrative charges
About irregularity in Railways: CAG’s Observations  (sampling 463 contracts)
In all 463 contracts, notices regarding payment of wages were not sent by the contractors to the Principal Employers/nominee of the Principal Employer. No directions had been issued by Railways to the Principal Employers or their nominees for ensuring payments to contract labour and recovering the same from the contractors in case of non-payment/short payment. Railway Administration had not nominated any authorised representative to be  present at the time of disbursement of wages in all 463 contracts. Despite Railway Board’s instructions to ensure payment of wages to the contract labours through Bank/ Cheque, the same was ensured only in respect of 82 contracts. In 212 contracts, information regarding means of payment was not made available to Audit
Minimum wages were paid in compliance to the provision of MWA, 1948 in respect of 105 contracts only. Payment of minimum wages to contract labour was not ensured in respect of 129 contracts. Audit assessed a sum of ` 9.23 crore as short payment to 3310 contract labour over the contract period towards payment of minimum wages. Records were not made available in respect of 229 contracts.
Railway Administration had verified the registration of contractor with the EPFO before award of the contracts only in 20 contracts. In 431 contracts, records were not made available.
Para 3.1.1   Only in 46 contracts, PF Registration was found to be taken by the contractors.
In 321 contracts, information was not found on record. Para 3.1.2  In only 61 contracts, PF Account Numbers of contract labour were available.
In 258 contracts, relevant records were not made available to Audit In 116 contracts, contractors were not registered with concerned Regional offices of ESIC, and had not been allotted Employer’s code numbers. Records were not made available for 235 contracts
14-6-19