 bill no 47 of  2011 the safai karamcharis insurance scheme bill, 2011 byshri arjun meghwal, mp a billto provide for comprehensive and compulsory insurance of safai karamcharis against any mishap connected with their work, to give them economic protection, to safeguard their interests and for matters connected therewithbe it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the safai karamcharis insurance scheme act, 2011(2) it extends to the whole of indiashort title, extent and commencement5(3) it shall come into force at once2 in this act, unless the context otherwise requires,—(a) "appropriate government" means the central government or the state government, as the case may be;(b) "mishap" means any physical injury, disability, handicap or any disease caused to a safai karamchari while performing his duties and which, for such karamchari, constitutes or results in a substantial handicap, whether temporarily or permanently, to his normal daily activities and to his employment; (c) "prescribed" means prescribed by rules made under this act;5(d) "safai karamchari" means any person engaged in or employed for manually carrying human excreta or any sanitation work and includes persons engaged in cleaning of animal hides; and(e) "scheme" means the safai karamcharis insurance scheme framed under section 3103 (1) the central government shall, in consultation with the state governments, frame a scheme to be known as the safai karamcharis insurance scheme, for comprehensive and compulsory insurance of safai karamcharis against any mishapsafai karamcharis insurance scheme(2) the scheme shall, among other things, provide for—(a) the principles and conditions governing the insurance of safai karamcharis under the scheme;15(b) the interim insurance amount to be paid to safai karamchari in the occurrence of a mishap;(c) part of insurance amount to be paid immediately to the safai karamcharis affected by mishaps caused to them due to hazards involved in their job;(d) nominal rate of premium to be paid by the safai karamcharis;20(e) the extent of insurance cover; (f) the manner of making claims by safai karamcharis; and (g) any other matter which the central government may deem necessary 4 the central government shall, in consultation with the state government, administer the schemeadministration of the scheme by the central government255 (1) the central government shall, in consultation with the state governments and by notification in the official gazette, establish a fund to be known as the safai karamcharis insurance fund which shall consist of—establishment of safai karamcharis insurance fund(a) premium amount received from safai karamcharis for insurance under the scheme;30(b) grants made by the central government and the state governments in such ratio, as may be agreed between them;(c) any monies received as contribution or donations from the people and organisations in india or abroad; and(d) any income received from investment of money out of the fund35(2) the initial capital of the safai karamcharis insurance fund shall be rupees five hundred crore of which rupees four hundred crore shall be contributed by the central government and rupees one hundred crore shall be contributed by the state governments in the proportion of number of safai karamcharis working in the respective states40constitution of advisory committees6 (1) the appropriate government shall, by notification in the official gazette, constitute an advisory committee in every district, falling within its jurisdiction, to assess the claims made by the safai karamcharis due to any mishap(2) every advisory committee shall consist of a chairperson, to be appointed by the appropriate government, and such other members and staff, as may be prescribed(3) the terms and conditions as to the qualifications, salary and allowances, etc of the chairperson, members and staff of the advisory committees shall be such as may be prescribed5(4) while assessing the claims referred to in sub-section (1), every advisory committee shall inform the representatives of the safai karamcharis of the area, where such mishap has occurred, about the procedure followed by it in assessing such claims107 it shall be the responsibility of the appropriate government to pay insurance amountor such part of insurance amount as may be recommended by the advisory committee, referred to in section 6, to a safai karamchari for any mishap caused to him during the course of performance of his duties, out of the safai karamcharis insurance fundpayment of insurance amount by the appropriate governmentpower to make rules8 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act15 20(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsseveral outmoded and ancient traditions and beliefs are prevalent in our country the people, instead of doing their own work, depend on safai karamcharis for getting the cleaning work done these safai karamcharis have not been provided with minimum wages and social and economic security till todaythe safai karamcharis always live in the danger of inhaling poisonous gases while clearing blocked sewer lines and carrying poisonous waste matter they earn their livelihood from cleaning work, but they rarely get their meagre wages in time as a result they are forced to beg for foodlife insurance corporation and other insurance companies insure only those safai karamcharis who are working in government, semi-government organizations and can afford higher premium but majority of safai karamcharis are working in villages in unorganised sectors on daily wages/part time basis and have no regular incomein the circumstances, there is an urgent need to frame a comprehensive and compulsory insurance scheme for safai karamcharis, who are living in deplorable condition, selling their labour at very cheap rates and responsible for cleanliness and, thus, prevention of epidemics such an insurance scheme will go a long way in affording them social and economic protectionhence this billnew delhi;arjun meghwalaugust 2, 2011 financial memorandumclause 3 of the bill provides that the central government shall, in consultation with the state governments, frame a scheme to be known as the safai karamcharis insurance scheme clause 4 provides that the central government shall administer the scheme clause 5 provides for establishment of safai karamcharis insurance fund by the central government to which the central government shall contribute rupees four hundred crore to form initial capital of the fund and shall also make grants to the fund clause 6 provides for the constitution of advisory committees in every district by the appropriate government as far as constitution of these committees in the state is concerned, the expenditure shall be met out of the consolidated fund of respective states however, in the case of constitution of advisory committees in the union territories, the expenditure shall be borne out of the consolidated fund of india the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees four hundred crore per annuma non-recurring expenditure of about rupees four hundred crore is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of detail only the delegation of legislative power is therefore, of a normal character———— a billto provide for comprehensive and compulsory insurance of safai karamcharis against anymishap connected with their work to give them economic protection, to safeguard theirinterests and for matters connected therewith————(shri arjun meghwal, mp)gmgipmrnd—841ls—(s3)—08-08-2011