as introduced in the rajya sabhaon the 7th april, 2017 bill no xi of  2017 the domestic workers (regulation of work and social security)  bill, 2017——————arrangement of clauses——————clauseschapter i preliminary1 short title, extent, application  and commencement 2 definitions 3 act not in derogation of other laws chapter ii registration4 registration of domestic workers 5 compulsory registration of service provider 6 compulsory registration of employer 7 compulsory duty to register 8 registration of part time domestic workers 9 migrant worker10 effect of non-registration 11 effect of non-payment of annual contribution 12 renewal of registration certificate 13 effect of non-renewal14 beneficiaries of the fund 15 identity cards 16 maintenance and digitisation of records chapter iii implementing authorities under the act17 central advisory committee 18 functions of the central committee 19 constitution of state social security boards 20 secretary and other officers of state boards 21 meeting of state boards 22 proceedings of the state board to be valid 23 functions of the state board 24 grants and loans by the central government 25 budget 26 annual report clauses27 accounts and audit 28 district social security board 29 functions of the district board 30 powers of the district board 31 disqualification and removal of member of the district boards 32 resignation from office by member 33 proceedings presumed to be good and valid 34 secretary and other officers of the district board 35 dissolution of the district board 36 employment of a child chapter iv establishment of fund37 domestic workers social security fund 38 contribution of domestic workers and employers 39 effect of non-payment of contribution chapter v regulation of the working conditions40 duties of the employer and service provider 41 basic amenities 42 accommodation for live in domestic workers 43 payment of wages 44 termination from employment 45 leave 46 employee state insurance 47 crimes48 no discrimination at place of work 49 minimum wages chapter vi grievance redressal and dispute resolution50 grievance redressal mechanism chapter vii offences and penalties51 offences and penalties 52 complaint mechanism 53 emergency aid, medium term assistance and legal aid 54 court not to take cognizance of any offence punishable chapter viii miscellaneous provisions55 effect of laws and agreements inconsistent with the act 56 supersession of state board (iii) clauses57 power to remove difficulties 58 accounts and audit 59 power to make rules 60 application of other acts 61 power to make rules by the appropriate government bill no xi of 2017 the domestic workers (regulation of work and social security) bill, 2017 a billto provide for regulation of work of domestic workers in order to improve their working conditions and to provide social security to them, for setting up of state and district boards for the purpose and for compulsory registration of domestic workers, employers and service providers to such boards and also for setting up of domestic workers social security fund and matter connected therewith and incidental thereto chapter i preliminarybe it enacted by parliament in the sixty-eighth year of the republic of  india as follows:—1 (1) this act may be called the domestic workers (regulation of work and social security) act, 2017(2) it extends to the whole of india except the state of jammu & kashmirshort title extent, application and commencement(3) it shall not apply to domestic workers migrating for employment to any other(4) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the concerned state government and in all other cases, the central government;5(b) "beneficiaries" means every domestic worker registered as a beneficiary under this act;(c) "child" means a person who has not completed eighteen years of age;(d) "central advisory committee" means the central advisory committee constituted by the central government under section 17 of the act;10(e) "district board" means the district domestic workers regulation of work and social security board established under section 28 of the act;(f) "domestic work" means work performed in or for a household or households; (g) "domestic worker" means any person engaged in domestic work within the employment relationship;and shall include:15replacement worker who is working as a replacement for the domestic worker for a short and specific period of time as agreed with the domestic worker and the employer"full time worker" means a person who is employed as a domestic worker in a single household for working hours as specified in section 40 (4);20"live-in-worker" means a person employed as a domestic worker who lives in the employer's premises;"part time worker" means a person who is employed as a domestic worker for less than prescribed daily working hours of that of a full time workers, whether employed in single or multiple households25(h) domestic worker's social security fund means the fund established under section 37 of the act;(i) "discrimination" means any form of differential treatment on the basis of caste, race, region, language, colour, sex, creed and religion, nature of work or age at the place of work;30(j) "employer" means any person who engages the domestic worker to do any work in a household whether part time or full time either directly or through service provider and who has an ultimate control over the affairs of the household which includes any other person to whom such affairs of the household are entrusted and in relation to contract labour, the principal employer;35(k) "employment agreement" means an agreement that lays down conditions of employment between the employer and domestic worker;(l) "forced labour" means compelling a person to offer his services as a domestic worker against his will;(m) "notification" means a notification published in the official gazette;40(n) "prescribed" means prescribed by the rules made under the act by the appropriate government45(o) "service provider" means any voluntary association or placement agency or company registered under any law for the time being in force, which espouses the cause of domestic workers or provides or engages them in employment with the principal employer but excludes those collectives or cooperatives that are created by the workers themselves as a means of collective bargaining;explanation— "placement agency" means any agency, bureau, contractor or person(s) registered under this act which provides or engages in employment of domestic workers or which facilitates the placement of domestic help for prospective employers and includes such agency or person offering services through any print, electronic or any form of communication5(p) "state board" means the state social security board established under section19 of this act;10(q) "trafficking" means to recruit, transport, transfer, harbour, or receive a personby means of abuse of power or taking advantage of his position of vulnerability by threat or use of force or coercion, abduction, fraud, deception; and that includes giving or receiving of payments or benefits to achieve the consent of such person having control over another person;(r) "workplace" means any houshold or a place where a domestic worker worksas per the terms of the employment agreement;15(s) "wages" means all emoluments which are earned by an employee while onduty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance203 the provisions of this act shall be in addition to, and not in derogation of theprovisions of any other law, for the time being in forceact not in derogation of other laws chapter ii registration4 (1) notwithstanding anything contained in any law for the time being in force, all domestic workers shall be registered as per procedure here in after prescribed25registration of domestic workers(2) an application for registration shall be made in such form, as may be prescribed, to the district board in this behalf(3) every application under sub-section (2) shall be accompanied by such documents together with such fee as may be prescribed30(4) if the district board is satisfied that the applicant has complied with the provisionsof this act and the rules made there-under, it shall register the name of the domestic worker as a domestic worker under this act:provided that an application for registration shall not be rejected without giving the applicant an opportunity of being heard and without assigning reasons in writing35(5) any person aggrieved by the decision under sub-section (4) may, within thirtydays from the date of such decision, prefer an appeal to the state board and the decision of the state board on such appeal shall be final:provided that the state board in this behalf may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the domestic worker was prevented by sufficient cause from filing the appeal in time405 every service provider shall prior to the process of recruitment or engagement of domestic worker register itself with the district board by submitting an application along with prescribed fee, and providing such details as may be prescribed:compulsory registration of service provider45provided that the district board  or any such person so authorized by it may entertain any such application for registration after expiry of the period fixed in this behalf, if he is satisfied that the applicant had sufficient cause for delay in making the applicationcompulsory registration of employer6 every employer, within one month of the commencement of the employment of adomestic worker, shall submit to the district board an application along with prescribed fee, and providing such details as may be prescribed:5provided that the district board or any such person so authorized by it may entertainany such application for registration after expiry of the priod fixed in this behalf, if he is satisfied that the applicant had sufficient reason for the delay in making the application in timecompulsory duty to register107 (1) wherever a domestic worker undertakes work through a service provider, it shallbe the duty of such service provider to get the domestic worker registered within one month from the commencement of the work, with the district board by making an application along with prescribed fee and providing such details as may be prescribed15(2) where a domestic worker undertakes work under a single employer and is notengaged through any service provider, then it shall be the duty of such employer to ensure that the domestic worker is registered with the district board within one month from the commencement of the work :provided that the district board  or any such person so authorized by if may entertainany such application for registration after expiry of the period fixed in this behalf, if he is satisfied that the applicant had sufficient cause for delay in making the application208 where a domestic worker undertakes part-time work in two or more households andis not engaged through any placement agency, the employer shall ensure that the domestic worker is registered with the district board and the prescribed fees is paidregistration of part-time domestic worker migrant worker259 where a domestic worker leaves the work in a district and moves to any other areain any part of the territory of india and takes up work in any household in such part either on his own or through any agency or employee, it shall be the duty of such worker or agency or middleman respectively, to inform the concerned board where so registered regarding the move and register with the district board at the place where work has been taken upeffect of non- registration10 (1) no employer/service provider shall employ a domestic worker unless a certificateof registration in respect of such employment is issued by the respective district board or government servant so authorized30(2) if the district board or any government servant so authorized by it is satisfied,either on a reference made to it in this behalf or otherwise that the service provider oremployer has failed to register, then the penalties prescribed under this act shall apply11 in case of failure to pay annual contribution to the district board, the workerceases to be beneficiary under the acteffect of non-payment of annual contribution3512 a registration certificate shall be renewed at an interval of one year, on the paymentof fee as may be prescribedrenewal of registration certificate effect of non-renewal4013 (1) no employer to which this act applies shall employ domestic worker unless therenewal of registration certificate is carried out by him in respect of such employment as issued under this act (2) if the district board or any person authorized by it is satisfied,either on a reference made to it in this hehalf or otherwise that the service provider or employer has failed to carry out the renewal of registration certificate, then the penalties prescribed under section 51(1) of this act shall apply for non-renewalbeneficiaries of the fund4514 (1) subject to the provisions of this act, every domestic worker above the age ofeighteen years, registered under this act shall be entitled to the benefits provided by the board from its fund under this act(2) every domestic worker above the age of sixty years shall continue to be beneficiaryunder this act, however, shall not pay annual contribution to the fundidentity cards15 (1) the district board shall give to every beneficiary an identity card with his photograph duly affixed5(2) a beneficiary who has been issued an identity card under this act shall produce the same whenever demanded by any officer of government or the district board, or any other authority for inspectionmaintenance and digitisation of records1016 the district board shall maintain records or register of all its records duly catalogued and indexed in a manner and in prescribed form and shall ensure that all records are computerized within a reasonable time the digitisation of the records shall be introduced through software established by the central government and databases available with the district boards should be connected through a network all over the country on different systems so that access to such records is facilitated:provided further that it shall be the duty of the district board to submit the computerized records to the central advisory committee under this act within reasonable time chapter iii15 implementing authorities under the actcentral advisory committee17 (1) the central government shall constitute a committee to be called the central advisory committee (hereinafter referred to as the central committee) to advise the central government on such matters arising out of the administration of this act as may be referred to it and to carry out other functions assigned to it under this act20(2) the tenure of the committee shall be three years and proportionate representation shall be ensured from government, civil society organizations/trade unions, domestic workers and employers(3) the central advisory committee shall consist of—(a) a chairperson to be appointed by the central government;25 30(b) such number of members, as the central government may nominate thatshall include association, union or persons representing and espousing the cause of domestic workers, individuals having expertise in issues relating to labour matters, women and child issues, law and any other interests which in the opinion of thecentral government, ought to be represented on the committee state & unionterritory representation:provided that the committee shall consist of at least eight members excluding the chairperson35(4) the number of persons to be appointed as members from the categories specified in sub-section (2), the term of officer and other conditions of service, the procedure to be followed in the discharge of their functions and the manner of filling up of vacancies shall be such as may be prescribed(5) the members of the central committee shall meet once every six months to review the working of the act18 (1) the central committee shall perform the following functions:functions of the central committee40(a) to review and monitor implementation of the act and rules made thereunderand recommend to the central government and state govts/union territories any changes in the said act and rules and shall prepare an annual report of the administration of the act45(b) review and monitor the implementation of the act in all the states & unionterritories(c) advise the state boards regarding schemes in relation to social security, health, medical, education and other beneficial schemes for the welfare of domestic workers and their family members5(d) advise upon such matters arising out of the administration of this act or anyscheme made under this act or relating to the application of the provisions of this act to all domestic workers and employers, and co-ordination and monitoring of the work of various boards to ensure portability of registration and delivery of benefits across the country10(e) prescribe minimum standards to achieve decent conditions of work inconsultation with state boards(f) recommend appropriate strategies on eleimination of any form of trafficking/forced/bonded labour and child labour(g) any other matter prescribed by the central government15constitution of state social security boards19 (1) every appropriate government shall, with effect from such date as it may, bynotification  appoint, constitute a board to be known as the state of ut domestic worker regulation of work and social security board to exercise the powers conferred on, and perform the functions assigned to, it under this act(2) the state board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal and shall by the said name sue and be sued20(3) the state board shall consist of a chairperson, a person to be nominated by thecentral government and such number of other members, not exceeding fifteen, as may be appointed to it by the appropriate government:25provided that the state board shall include an equal number of members representing the state government, the employers and the domestic workers and that at least one-third members of the board shall be women(4) the terms and conditions of appointment and the salaries and other allowances payable to the chairperson and other members of the state board, and the manner of filling of casual vacancies of the members of the state boards, shall be such as may be prescribed3020 (1) the state board shall appoint a secretary and such other officers and employeesas it considers necessary for the efficient discharge of its functions under this actsecretary and other officers of state boards(2) the secretary of the state board shall be its chief executive officer(3) the terms and conditions of appointment and the salary and allowances payable to the secretary and the other officers and employees of the state board shall be such as may be prescribed35meetings of state boards21 (1) the state board shall meet at such time and place and observe such rules ofprocedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as may be prescribed40(2) the chairperson or, if for any reason he is unable to attend a meeting of the state board, any member nominated by the chairperson in this behalf and in the absence of such nomination, any other member elected by the members present from amongst themselves at the meetings, shall preside over the meeting45(3) all questions which come up before any meeting of the state board shall be decided by a majority of votes of the members present and voting, and in the event of equality of votes, the chairperson, or in his absence, the person presiding, shall have a second or a casting vote22 no act or proceedings of a state board shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the state board; or proceedings of the state boards to be valid(b) any defect in the appointment of a person acting as a member of the state board; or (c) any irregularity in the procedure of the state board not affecting the merits of the case523 (1) the state board shall—functions of the state board(i) with the previous approval of the appropriate government, make regulations consistent with this act and the rules made there under for all or any of the matters to be provided under this act10(ii) review and monitor the district boards constituted for the state and takeappropriate steps to ensure its proper and effective implementation;(iii) allocate funds to the district board and administer the state domestic workers welfare fund and allocate such amounts to district boards as may be considered necessary;15(iv) prescribe the fees to be charge from the employers, service providers/placement agencies and domestic workers from time to time;(v) prescribe fee for registration as beneficiaries under the fund and rate permensem for the beneficiearies of the fund;20(vi) implement such schemes and welfare measures as formulated in consultationwith the central committee;(vii)  prescribe the form of resiter to be maintained for registration of domesticworkers under the fund;(viii) procedure for renewal of registration certificate; (ix) entertain appeals with respect to any decision by the district board;25(x) ensure decent conditions of service, including rates of remuneration, hoursof work and conditions;(xi) provide immediate assistance to a beneficiery in case of accident;(xii) make payment of pension to the beneficiaries who have completed the agefo sixty years;30(xiii) sanction loans and advances to a beneficiary for construction of a housenot exceeding such amount and on such terms and conditions as may be prescribed;(xiv) pay such amount in connection with premium for group insurance schemeof the beneficiaries as it may deem fit;35(xv) give such financial assistance for the education of children of thebeneficiaries as may be prescribed;(xvi) meet such medical expenses for treatment of major ailments of a beneficiaryor, such dependant, as may be prescribed;(xvii) make payment of maternity benefit to the female beneficiaries; and40(xviii) make provision and improvement of such other welfare measures andfacilities as may be prescribed(2) the board may grant loan or subsidy to a local authority or an employer in aid of any scheme approved by the appropriate government for the purpose connected with the welfare of  domestic workers in any establishment5(3) the board shall pay annually grants-in-aid to a local authority or to an employer who provides to the satisfaction of the board welfare measures and facilities of the standard specified by the board for the benefit of the domestic workers and the member of their family however, the amount payable as grants-in-aid to any local authority or employer shall not exceed,—(a) the amount spent in providing welfare measures and facilities as determined by the appropriate government or any person specified by it in this behalf, or(b) such amount as may be prescribed, whichever is less:10provided that no grant-in-aid shall be payable in respect of any such welfare measures and facilities where the amount spent thereon determined as aforesaid is less than the amount prescribed in this behalf24 the central government may, after due appropriation made by parliament by law in this behalf, make to a state board grants and loans of such sums of money as the government may consider necessarygrants andloans by the central government15budget25 the state board shall prepare, in such form and at such time each financial year, as maybe prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the board and forward the same to the state government and the central governmentannual report2026 the state board  shall prepare, in such form and at such time each financial year asmay be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the state government and the central governmentaccounts and audit27 (1) the state board shall maintain proper accounts and othe revelant records andprepare an annual statement of accounts in such form as may be prescribed in consultation with the comptroller and auditor-general of india25 30(2) the comptroller and auditor-general of india or any other person appointed by him in connection with the auditing of the accounts of the state board under this act shall have the same rights and privileges and the authority in connection with such audit as the comptoller and auditor-general of india has in connection with the auditing of the government accounts and, in particular shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the state board under this act(3) the accounts of the state board shall be audited by the comptroller and auditor-general of india annually and any expenditure incurred in connection with such audit shall be payable by the state board to the comproller and auditor-general of india35(4) the states board shall furnish to the appropriate government before such date as may be prescribed, its audited copy of accounts together with the auditor's report(5) the state government shall cause the annual report and auditor's report to be laid, as soon as may be after they are received, before the state legislature40establishment of district social security board28 (1) the appropriate government may for the purposes of preparation and implementation of the schemes for welfare of domestic workers, in a district, by notification in the official gazette, establish such number of boards to be known as "district domestic workers regulation of work and social security board:provided that, the state government may constitute such district board for two or more districts:45provided further that, the state government may, by like notification, also constitute more than one board for a district and specify the local limits in which such boards shall have jurisdiction or authorize any existing board under any other law dealing with labour related matters(2) the district board shall consist of members nominated, from time to time, by the state government representing the employers, the domestic workers and the state government5(3) the members representing employers and domestic workers shall be equal in number, and the members representing the state government shall not exceed one-third of the total number of members representing employers and domestic workers(4) the chairperson of the district board shall be one of the members appointed to represent the state government, nominated in this behalf by the state government10(5) the term of office of members of the district board shall be such as may be prescribed(6) every member shall be paid (not being a member representing the state government)from the fund of the district board; traveling and daily allowances for attending meetings of the district board at such rates as may be prescribed15(7) the members of the district board shall meet once every four months to review the operation of the act and evaluate the implementation of the act(8) the meetings of the district board and the procedure to be followed for the purpose and all matters supplementary or ancillary thereto shall be such as may be laid down by the regulations29 (1) the district boards shall perform the following functions—20functions of district board(a) to carry out or cause to carry out the registration of domestic workers, employers, service providers and placement agency as per the procedure prescribed under the act in the name and account of state board either directly or through the workers facilitation centres and maintain records and registration of domestic workers as beneficiaries under the act;25(b) to collect cess in the name and account of the state board from serviceproviders and employers at the time of registration as prescribed;(c) to grant following benefits to beneficiaries which they are entitled to under the act:—(i) provision for immediate assistance and rehabilitation to a beneficiary incase of an accident arising in the course of employment;30(ii) financial assistance for the education of beneficiary and his/her children; (iii) provision for medical expenses for treatment of ailments of abeneficiary or his/her such dependent;35(iv) provision for maternity/paternity benefit to the women/menbeneficiaries:provided that, such maternity/paternity benefit shall be restricted to two children only;(v) make payment of funeral expenses to the legal heir on the death of thebeneficiary;40(vi) facilitate the settlement of disputes through conciliation; (vii) renewal of registraton certificate and collection of annual contribution;(viii) issue of identity card for the beneficiary; (ix) disseminate information on available social security schemes for theworkers;(x) authorize the workers facilitation centre to act as an authorizedintermediary in collecting contributions from the workers and others as mandated under the act and remit them to the district board;5(xi) authorize workers facilitation centre to carry out surprise visits to theworking place of the domestic workers and check the implementation of the act;(xii) training and imparting skills to the domestic workers; (xiii) authorize the workers facilitation centre to conduct surveys forbeneficiaries;10(xiv) provide legal aid to beneficiaries in case of a court proceeding toaddress their claims;(xv) implement any schemes or any welfare measures framed by the stateboards;15(xvi) maintain complaint registers for grievance redressal of domesticworkers;(xvii) board shall also establish or devise establishment of creche facilitiesfor children of  domestic workers;(xviii) such other benefits as may be decided by the district board, fromtime to time20(d) the district board in consultation with the state board may make availablesuch schemes as applicable under other laws such as the unorganized workers social security act, 2008act 33 of 200825(2) the district board shall designate any one or more of the following at such areas as may be considered necessary, as workers' facilitation centres (wfc) for purposes of facilitating registration of workers:(i) local panchayati raj institutions (pri) or urban local bodies; (ii) resident welfare associations/society; (iii) non-profit organizations working among the domestic workers:30provided further that such workers' facilitation centers (wfc) shall function under the supervision of the district board(3) the district board shall maintain such registers and records giving such particulars of domestic workers employed, the nature of work performed by the domestic worker, and such other particulars in such form as may be prescribed35(4) the district board may implement any welfare schemes under any other law with prior approval of the appropriate government(5) upon request of the aggrieved domestic worker, the board shall admit them into rehabilitation homes of the government30 (1) subject to any rules made by the state government in this behalf, the district board may, within the local limits:—powers of the district board40(a) make such examination and hold such inquiry as may be necessary forascertaining whether the provisions of this act have been or are being complied within any place or premises;(b) require the production of any document, record or evidence (written or oral);45(c) enter, any place or premises with such assistance as it may consider necessary,at all times if there are reasonable grounds for suspecting that any domestic workerhas or is being subjected to any form of sexual exploitation or wrongfully confined in any such place or premises or rescue any child being as a domestic worker (2) every employer shall accord to the district board, all reasonable facilities in the discharge of his duties under this act5act of 1908(3) each district board shall have the same powers as are vested in civil court under the code of civil procedure, 1908, when adjudicating a dispute in respect of the following matters, namely—(a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents and material objects;10(c) issuing commissions for the examination of witnesses; (d) in respect of such other matters as may be prescribed31 (1) no person shall be chosen as, or continue to be, a member of the board who,(a) is a salaried officer of the district board;disqualification and removal of member of the district boards(b) is or at any time has been adjudged insolvent;15(c) is found to be a lunatic or has become of unsound mind; or(d) is or has been convicted of any offence involving moral turpitude(2) the state government may remove from office any member, who(a) is or has become subject to any of the disqualifications mentioned in subsection (1); or20(b) is absent without leave of the district board for more than three consecutivemeetings of the board;(c) in the opinion of the government, has so abused the position of member as torender that person's continuation in the office detrimental to the public interest or is otherwise unfit or unsuitable to continue as such member:25provided that, no person shall be removed under clause (c), unless person has been given a reasonable opportunity to show cause as to why he should not be removed(3) notwithstanding anything contained in any other provisions of this act, the members shall hold office during the pleasure of the state government and if in the opinion of the state government30(a) the member representing employers and the domestic workers, ceases toadequately represent the employers or, as the case may be, the domestic workers, or(b) having regard to exigencies of circumstances or services in the state government, the member representing the state government cannot continue to represent the state government,35then it may, by an order, remove all any of them from office at any timeregistration from office by member32 any member of the district board may at any time resign his office by writing under his hand addressed to the state government, and his office shall, on acceptance of the resignation, become vacant4033 no act or proceeding of the district board shall be questioned or invalidated merely by reason of any vacancy in its membership or by reason of any defect in the constitution thereofproceedings presumed to be good and valid34 (1) the board shall, with the approval of the state government, appoint a full time secretary and such other officers and employees as it considers necessary for the efficient discharge of its functions under this actsecretary and other officers of the district board(2) the secretary of the district board shall be its chief executive officer (3) the functions, terms and conditions of appointment and the salary and allowances payable to the secretary and other officers and employees of the district board shall be such as may be laid down, from time to time, by regulations535 (1) in the case of complaints relating to non-functioning of the district board, a complaint shall be filed with the state boarddissolution of the district board(2) the state board shall conduct an enquiry and if found, the complaint to be true and as the district board dysfunctional shall dissolve the district board10(3) upon dissolution of a district board, new board shall be constituted within fifteen daysemployment of a child36 no child shall be employed as a domestic workers or for any such incidental or ancillary work which is prohibited under any law for the time being in force chapter iv establishment of fund1537 (1) there shall be formed a fund, to be called the domestic workers social security fund, and credited thereto—domestic workers social security fund(a) one percent of house tax collected by the local bodies as contribution towards social security funds of domestic workers every month(b) employers' contribution collected by the district boards in the name andaccount of the state board as annual registration fee under section 620(c) any grants made to the fund by the central government and state governmentor any other person or organisation;(d) any amount received by the district board in the name and account of stateboard from the beneficiaries as registration fees/workers contribution under section 825(e) all amount from the district boards received as registration and other fees ofdomestic workers, empoyers and service providers(f) any income from investment from nationalized bank of the amounts in the fund(g) share from gdp and state revenue;(h) all fines collected30(i) all other sums received by the district board from any other sources(2) the fund allocated by the state board to a district board shall be administered and applied by the district board to meet the expenditure incurred in connection with measures and facilities which are necessary or expedient to promote the welfare and social security of domestic workers;35(i) to defray the cost of such welfare measures or facilities for the benefit  ofdomestic workers/beneficiaries as may be decided by the state board(ii) to sanction any money in aid of any scheme for the welfare of the domesticworkers including family welfare family planning, education, insurance and other welfare measures;4038 a domestic worker or employer who has been registered as a beneficiary under this act shall, until he attains the age of sixty years, contribute to the fund at such rate per mensem, as may be specified:contribution of domestic workers and employers45provided that the district board may, if satisfied that a beneficiary is unable to pay his contribution due to any financial hardship, waive the payment of contribution for a period not exceeding three months at a time39 when a beneficiary has not paid his contribution under sub-section (1) of section 37for a continuous period of not less than one year, he shall cease to be a beneficiary, but he will continue to be a member:effect of non-payment of contribution5provided that if the district board is satisfied that the non-payment of contribution was for areasonable ground and that the domestic worker is willing to deposit the arrears, he may allow the domestic workers to deposit the contribution in arrears and on such deposit being made, the registration or entitlement to receive benefits of domestic workers shall stand restored chapter v regulation of the working conditions1040 (1) every employer and service provider shall provide such particulars of thedomestic workers engaged directly or through agency, to the district board or any person so authorized by it, in such form and on paying such fees as may be prescribedduties of the employer andserviceprovider15(2) no service provider or a person/agency shall carry on the business of providing services of domestic workers to any employer unless the said service provider or agency or person is registered under the act(3) the service provider shall maintain the records, in a standard format as prescribed by the district  board, of all domestic workers being contracted by them for purposes of employment from any part of the territory of india and provide the details thereof in such form as may be prescribed20(4) working hours of the domestic servant shall be as follows:(a) weekly working hours—no domestic worker shall be required or allowed towork for more that fourty-eight hours in any week(b) daily working hours subject to the provision of section  40 (4) (a), nodomestic worker shall be required or allowed to work for more than nine hours in any day25(c) duration of working hours—the period of work of a domestic worker shallbe so arranged that inclusive of the intervals for rest, it shall not spread over more than twelve hours per day(d) weekly holidays—every domestic worker irrespective of being a full-time,part-time, live-in, night-shift domestic worker will be entitled to a weekly day off30(e) restriction on overtime—the total hours of work in any day shall not exceedten hours in a day and in the aggregate twelve hours in any week(f) wages for overtime work—where a domestic worker works for more than themaximum working hours as prescribed in section 40 (4) (a) and (b) he shall, in respect of the overtime work, be entitled to wages at the rate of twice his ordinary rate of wages35(g) interval for rest—the periods of work of a domestic worker each day shall beso fixed that no period shall exceed five hours and that no domestic worker shall work for more than five hours before he has had an interval for rest of at least half an hourbasic amenities41 the employer shall provide the domestic worker with basic amenities like safedrinking water, food, first aid and washrooms4042 the employer shall provide a live-in domestic worker with private and decentaccommodations for rest and dressingaccommodation for live-in domestic workerpayment of wages43 the employer shall directly pay the wages to the bank account of the domesticworker within the first five days of the month45termination from employment44 the employer and domestic worker shall provide one month notice to the domesticworker and employer before termination of employment and provide wages worth fifteen days of employmentleave45 (1) every domestic worker shall be entitled to a paid sick leave on the account ofbeing sick, provided that the no of days for sick leave shall not exceed fifteen days(2) every domestic worker who has worked for a period of two hundred fourty days ormore in a household shall be entitled to fifteen days of annual paid leave which shall not include the weekly holidays or sick leave546 every domestic worker shall enroll under esi so as to avail domestic worker to beenrolled under benefit from health cover, including maternity benefitemployees state insurance (esi)crimes against employees1047  no domestic worker shall be subjected to the offence of sexual, physical or verbalassault, violence, trafficking wrongful confinement and bonded/forced labour by any employer or a member of his household48 (1) no employer registered under this act shall discriminate on the basis of caste,race, region, language, colour, sex, creed or religion, in matters such as recruitment, conditions of employment, payment of wages etcnodiscrimination at place of work15(2) no voluntary association or agency shall discriminate on the aforesaid groundsin rehabilitation recruitment, placement and payment on these grounds, nor shall it cause an employer to do soexplanation—for the purposes of the section there shall be equal payment for equal work requiring the same amount of work, skill set, and effortminimum wages2049 (1) the appropriate government shall be notification fix the minimum rates ofwages payable to domestic worker(2) the appropriate government shall review minimum wages at such intervals as itmay think fit provided that the intervals of review shall not exceed five years(3) the appropriate government may fix—25(a) a minimum rate of wages for time work (hereinafter referred to as 'a minimumtime rate');(b) a minimum rate of wages for piece work (hereinafter referred to as 'minimumpiece rate');30(c) a minimum rate of remuneration to apply in the case of domestic workeremployed on piece work for the purpose of securing to such domestic worker a minimumrate of wages on a time work basis (hereinafter referred to as 'a guaranteed time rate');(d) a minimum rate (whether a time rate or a piece rate) to apply in substitution forminimum rate which would otherwise be applicable, in respect of overtime work done by domestic worker (hereinafter referred to as 'overtime rate');35(e) minimum rates of wages may be fixed by any one or more of the followingwage-periods, namely:—(i) by the hour, (ii) by the day, (iii) by the month chapter vi grievance redressal and dispute resolution40grievance redressal mechanism50 (1) every district shall have one or more grievance redressal committee for theresolution of disputes arising out of grievances relating to rejection and denial of registration, cancellation of registration and claims as well as other grievances regarding district board45(2) the grievance redressal committee shall consist of equal number of members fromthe employer and the domestic worker (3) the chairperson of the grievance redressal committee shall be selected from the employer and from among the workmen alternatively on rotation basis every year(4) the total number of members of the grievance redressal committee shall not exceed more than six:5provided that there shall be, as far as practicable, one woman member if, the grievanceredressal committee has two members and in case the number of members are more than two, the number of women members may be increased proportionately10(5) no withstanding anything contained in this section, the setting up of grievanceredressal committee shall not affect the right of the domestic worker to raise any dispute on the same matter under the provisoins of this act(6) the grievance redressal committee may compete its proceedings within forty-five day on receipt of a written application by or on behalf of the aggrieved party15(7) the domestic worker who is aggrieved of the decision of the grievance redressal committee may appeal to the district collector against the decision of grievance redressal committee and the collector shall, within one month from the date of receipt of such appeal, dispose off the same and send a copy of his decision to the works concerned(8) nothing contained in this section shall apply to the domestic worker for whom there is an established grievance redressal mechanism in the establishment concerned chapter vii offences and penalties20offences and penalties51 (1) any service provider or placement agencies or employer who is not registered under this act or has not renewed the registration certificate as per this act shal be punishable with imprisonment for a term which may extend to three months and with fine which may extend to twenty thousand rupees, or with both25(2)any service provider or agency or employer who contravenes the provisions of theact or any rules made there under shall be punishable with imprisonment for a term which may extend to three months and with fine which may extend to twenty thousand rupees, or with both, and in the case of a continuing contravention, with an additional fine which may extend to one hundred rupees for every day of continuing offence30(3)if any person who has been convicted of any offence punishable under subsection (2) is again guilty of an offence involving a contravention or failure of compliance ofthe same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to six months and with fine which shall not be less than fourty thousand rupees but which may extend to fifty thousand rupees or with both:35 40(4)in case of default of payment to the domestic worker the employer shall be liable tomake payment along with the interest on such payment as per the state rules and if pays to any domestic worker less the minimum rates of wages fixed for that employee's class of work, or less than the amount due to him under the provisions of this act shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to twenty thousand rupees, or with both45(5)any person who willfully obstructs any officer so authorized by the district boardto conduct inspection under the act or refuses or willfully neglects to afford such officer any reasonable facility for making any inspection, examination, inquiry or investigation authorized by or under this act in relation to the employer or a service provider to whom, this act applies, shall be punishable with imprisonment for a term which may extend to three months and with fine which may extend to twenty thousand rupees, or with both50(6)whoever willfully refuses to produce on the demand of such an inspecting personso authorized by the district boards, any register or other document kept in pursuance of this act or prevents or attempts to prevent or does anythign which he has reason to believe is likely to prevent any person from appearing before or being examined by an inspectingperson acting in pursuance of his duties uner this act, shall be punishable with imprisonment for a term which may extend to three months or with a fine which may extend to twenty thousand rupees, or with both(7) any person who—5(i) knowingly sends, directs or takes any girl or women/domestic worker to anyplace for immoral purposes or to a place where she is likely to be morally corrupted or,(ii) in any manner sexually exploits or indulges in trafficking of such man domesticworker or child or,10(iii) if found ill treating or discriminating any domestic worker on the basis ofcaste, sex, class, race, religion or region or,(iv) in any manner abuses or illegally confines any domestic worker or, (v) compels any domestic worker to render any forced labour or, (vi) provides any child as domestic worker,15shall be subjected to imprisonment for not less than three years and which may extend up to a period of seven years and fine up to fifty thousand rupeescomplaint mechanism52 on identification of victim by service provider or district board, the complaint shallbe initiated to the district collector by the service provider or district board, as the case may be20emergency aid, medium term assistance and legal aid53 for the victims of forced labour, sexual eploitation, discrimination, illegalconfinement or any kind of abuse, the district board or service provider shall provide with emergency aid, medium term assistance and legal aid in conduct of the legal proceedings and admit the victim to rehabilitation homes54 (1) no court shall take cognizance of any offence punishable under this act except on a complaint—courts not to take cognizance of any offence punishable25(a) made by, or with the previous sanction in writing of, the state board or thedistrict board or21 of 1860(b) made by an office-bearer of a voluntary organization registered under thesocieties registration act, 1860 or trade unions act or any other law for the time being in force; or30(2) no court inferior to that of a metropolitan magistrate or a judicial magistrate of thefirst class shall try any offence punishable under this act chapter viii miscellaneous provisions3555 (1) the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any agreement or contract of service, whether made before or after the commencement of this act:effect of laws and agreements inconsistent with the act(2) nothing contained in this act shall be construed as precluding any domestic worker from entering into an agreement with the principal employer as the case may be, for granting them rights or privileges in respect of any matter which are more favourable to them than those to which they would be entitled under this act4056 (1) if the appropriate government is satisfied that, or otherwise is of the opinion that,—supersession of state board(a) the state board is unable to perform its functions, or45(b) the state board has persistently made delay in the discharge of its functionsor has exceeded or abused its powers, then the state government may, by notification in the official gazette, supersede the state board and re-constitute it in the mannerspecified in section 19 within a period of twelve months from the date of supersession provided that the period of supersession may be extended for sufficient reasons by a like notification by not more than six months:5provided further, before issuing a notification under sub-secion (1) on any of thegrounds mentioned in clause (b), the appropriate  government shall give a reasonable opportunity to the board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the state board10(2) after the supersession of the state board and until it is reconstituted, the powers and functions of the state board under this act shall be exercised and performed by the appropriate government or by such officer or officers as the appropriate government may appoint for this purpose(3) when the state board is superseded, the following consequences shall ensue, that is to say—15(a) all the members of the state board shall, as from the date of publication of the notification under sub-section (1), vacate their office;(b) all the powers and functions, which may be exercised or performed by the state board shall, during the period of supersession, be exercised or performed by such persons as may be specified in the notification20(c) all funds and other property vesting in the state board shall, during the period of supersession, vest in the state government and on the reconstitution of the state board, such funds and property shall reinvest in the state boardpower to remove difficulties2557 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty(2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliamentaccounts and audit58 (a) the state and district boards shall maintain proper accounts an other relevant records and prepare annual statements of accounts in such form as may be prescribed30(b) the cental committee shall furnish to the central government, before such date asmay be prescribed, the audited copy of the consolidated account of itself and the funds together with the auditor's report(c) the state and district boards shall furnish to the appropriate government before such date as may be prescribed its audited copy of accounts together with the auditor's report35power to make rules59 (1) the appropriate government may, subject to the condition of previous publication, make rules for carrying out the purposes of this act40 45(2) every rule made by the appropriate government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is 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 houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified from 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 or anything previously done under that rule560  the welfare provisions of the employees state insurance act, 1948, equal remuneration act, 1976, industrial dispute act, 1947, inter state migrant workmen act, 1979, maternity benefit act, minimum wage act, 1948, payment of bonus act, 1965, payment of gratuity act, 1972, payment of wages act, 1936, prevention of sexual harassment act, trade union act, 1926, unorganised worker social security act, 2008, workmen's compensation act, 1923 shall also apply to the domestic workers registered under this actapplication of other actsact 38 of 1948 act 25 of 1976 act 14 of 1947 act 30 of 1979 act 11 of 1948 act 21 of 1965 act 39 of 1972 act 4 of 1936 act 16 of 1926 act 33 of 2008act 8 of 19231061 (1) the appropriate government may, by notification in the offical gazette, and subject to the conditions of previous publication except when the rules are made for the first time, make rules to carry out the purposes of this actpower to make rules by the appropriate government(2) in particular and without prejudice to the generality of the forgoing provision, such rules may be made for all over any of the following matters, namely:—(a) term of office of members of the state and district board as the case may be;15(b) rate of travelling and daily allowances to be payable to members of the stateand district board for attending meetings of the state and district board the case may be;(c) form of application for registration as a beneficiary; (d) documents to be accompanied along with application for registration asbeneficiary and fees for the same;20(e) registers to be maintained by the secretary of the state and district board asthe case may be;(f) form of an application to be made by a beneficiary to the district board anddocuments which may be accompanied to such application, for grant of payments out of the fund;25(g) amount of contribution of the beneficiaries to the fund; (h) form of annual statement of accounts including a balance sheet; (i) form in which and the time when the budget of the board is to be prepared andforwarded to the appropriate government;30(j) form in which and the time when the annual report of the board is to beprepared and submitted to the state government;(k) number of members of the committee and the manner in which they may bechosen;(l) term of office of members of the committee; and35(m) rate of travelling and daily allowances to be payable to members of thecommittee for attending meetings of the committee40(3) every rule made under this act shall be laid, as soon as may be, after it is made, before each house of the state legislature 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 in which it is so laid or the session, and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule shoud not be made and notify such decision in the official gazette, the rule shall, from the date of publication of a notification in the official gazette, 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 or anything previously done or omitted to be done under that rule statement of objects and reasonsin the last few decades, there has been a tremendous growth in the demand for domestic workers, poverty has also forced people to migrate in search of work and workers with no other skills, turn to domestic work this has also led to the trafficking and other forms of exploitation of millions of women and children of the both sexes to meet growing demand for domestic help, there has been a spurt of thousands of placement agencies providing domestic workers in metro-towns of many states which remain outside the purview of any legislative controlabsence of any legal protection has led to severe exploitation of women and children which include depriving domestic workers of a decent wage and excessive working hours of work for the live-in domestic workers, there is absence of proper food and living/sleeping space, lack of freedom of mobility, isolation, exposure to harassment and sexual exploitation by agent during transit and workin 2011, the domestic workers won a victory at the international labour conference when an overwhelming majority of member countries voted in favor of a convention to uphold the rights of domestic workers convention 189 and recommendation 201, to which the government of india is a signatory, explains in details how domestic workers need to be protected and awarded where as the goi has not yet ratified convention 189, the goi has included domestic workers in the anti harassment at the workplace act and some schemes like the rsby a few state governments have notified minimum wages for domestic workers and included them in some welfare schemes while the state of maharashtra has enacted a welfare act for domestic workers nevertheless, in the absence of a central legislation capable of reaching all domestic workers, none of these state level measures will deliver justice to domestic workersas domestic workers are an important segment of the service sector of the indian economy and who have a multiplier impact on the economy be enabling the women in particular to work by sharing the family burden, only a comprehensive central legislation specifically designed to meet the working condition of the domestic workers can ensure the end of the exploitation of these workersit is in the public interest that domestic work, employing, as it does, a very large number of poor and vulnerable women and whose conditions of work and living need amelioration and to whom regularity of employment must be assured, placement agencies must be  regulated so that the directive principles of the constitution more particularly the relevant provisions of articles 39, 41, 42, 43, and 43-a of the constitution are given effect to by a law made by parliament with reference to entries 22, 23 and 24 of list iii in the 7th schedule in the constitutionoscar fernandes financial memorandumclauses 17, 19, 20, 24 of the bill provide respectively for constitution of central advisory committee, establishment of state social security boards, appointment of secretary and other officials of the state/ut boards and grants and loans by the central government to the state boards clauses 28, 34 and 37 of the bill provide respectively for establishment of district social security boards, appointment of secretary and other officials of the district boards and establishment of domestic workers social security fund the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is, however, difficult of assess the expenditure, both recurring and non-recurring, that is likely to be involved memorandum  regarding  delegated  legislationclause 59 of the bill empowers the central government while clause 61 of the bill empowers the appropriate governments to make rules for carrying out the purposes of this bill as the rules will relate to matters of details only, the delegation of legislation power is of a normal character———— a billto provide for regulation of work of domestic workers in order to improve their working conditions and to provide social security to them, for setting up of state and district boards for the purpose and for compulsory registration of domestic workers, employers and service providers to such boards and also for setting up of domestic workers social security fund and matter connected therewith and incidental thereto————(shri oscar fernandes, mp)gmgipmrnd—427rs(s3)—10042017