 the establishment of labour exchanges bill, 2017 byshri feroze varun gandhi, mparrangement of clauses clauses1short title and commencement2definitions3labour exchange schemes for ensuring regular employment of unprotected workers4making variation and revocation of scheme5disputes regarding application of scheme6constitution of board7power of appropriate government to appoint board consisting of one person8powers and duties of board9accounts and audit10disqualifications and removal11resignation of office by member12vacancy to be filled as early as possible13proceedings presumed to be good and valid14determination of moneys due from employers and workers15advisory committee16inspectors and their powers17central government to provide adequate funds18prohibition of employment of child19offence to be tried by labour court20cognizance of offence on complaint21appeal from labour court to industrial court22time limit for disposal of cases by labour court and industrial court23application of workmen's compensation act, 1923 to unprotected workers24application of the payment of wages act, 1936 to unprotected workers25application of maternity benefit act, 1961 to unprotected women workers26rights and privileges under other laws not affected, in certain cases27enquiry into working of the board28supersession of the board29contracting out30amendment of schedule31general penalty for offences32power to make rulesthe schedule bill no  4  of  2017 the establishment of labour exchanges bill, 2017 by shri feroze varun gandhi, mp a billto establish labour exchanges to regulate the employment of unprotected manual workers engaged in the unorganised sector; to make better provision for their terms    and conditions of employment; to provide for their welfare, and for health and      safety measures where such employments require these measures; to make         provision for ensuring an adequate supply to and full and proper            utilization of such workers in  such employments to prevent            avoidable unemployment; to provide for the establishment                  of labour exchange boards in respect of these                          employments and for matters                             connected therewithbe it enacted by parliament in the sixty-eighth year of the republic of  india as follows:—1 (1) this act may be called the establishment of labour exchanges act, 2017short title and c o m m e n c e - ment5(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint:provided that different dates may be appointed for different provisions of this act, and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provisiondefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "board" means a labour exchange board established under section 6;5(c) "contractor" in relation to unprotected workers, means a person who undertakes to execute any work for an establishment by engaging such workers on hire or otherwise, or who supplies such worker either in groups, gangs (tollis), or as individuals; and includes a sub-contractor, an agent, and such other professionals as may be named colloquially in various states;10 15(d) "employer" in relation to any unprotected workers engaged by or through contractor, means the principal employer and in relation to any other unprotected worker, the person who has ultimate control over the affairs of the establishment, and includes any other person to whom the affairs of such establishment are entrusted, whether such person is called an agent, manager or is called by any other name prevailing in the scheduled employment;(e) "establishment" means any place or premises, including the precincts thereof, in which or in any part of which any scheduled employment is being or is ordinarily carried on;20(f) "family" in relation to an employer, means, the spouse, son, daughter, father, mother, brother or sister of such employer who lives with him and is wholly dependent on him;(g) "inspector" means an inspector appointed under section 16; (h) "principal employer" means an employer who engages unprotected workers by or through a contractor in the scheduled employment;25(i) "prescribed" means prescribed by rules made under this act; (j) "scheduled employment" means any employment specified in the scheduled hereto or any process or branch of work forming part of such employment;(k) "scheme" means a labour exchange scheme made under this act;30(l) "unprotected worker" means a manual worker who is engaged or to be engaged in any scheduled employment;35(m) "worker" means a person who is engaged or to be engaged directly or through any agency, whether for wages or not, to do manual work in any scheduled employment and includes any person not employed by any employer or a contractor, but working with the permission of, or under agreement with the employer or contractor; but does not include the members of an employer's family; and(n) "wages" means all remunerations expressed in terms of money or capable of being so expressed which would, if the terms of contract of employment, express or implied were, fulfilled, be payable to an unprotected worker in respect of work done in the establishment, but does not include—40(i) the value of any house accommodation, supply of light, water, medicalattendance or any other amenity or any service excluded from the computation of wages by general or special order of the central government;(ii) any contribution paid by the employer to any pension fund or providentfund or under any scheme of social insurance and the interest which may have accrued thereon;(iii) any travelling allowance or the value of any travelling concession;(iv) any sum paid to the worker to defray special expenses entailed on him by the nature of his employment; or(v) any gratuity payable on discharge5labour exchange scheme for ensuring regular employment of unprotected workers3 (1) for the purpose of ensuring an adequate supply and full and proper utilization of unprotected workers in scheduled employments, and generally for making better provisions for the terms and conditions of employment of such workers, appropriate government shall formulate a scheme to be known as the labour  exchange scheme for the registration of employers and unprotected workers in the scheduled employment, and to provide for the terms and conditions of work of registered unprotected workers, and make provision for the general welfare in such employments10(2) in particular and without prejudice to the generality of the foregoing provisions, the scheme may provide for—(a) the application of the scheme to such classes of registered unprotected workers and employers, as may be specified therein;15(b) defining the obligations of registered unprotected workers and employerssubject to the fulfilment of which the exchange contract may apply to them;20(c) regulating the recruitment and entry into the exchange of unprotected workers,and the registration of unprotected workers and employers, including the maintenance of registers, removal, either temporarily or permanently, of names from the registers, and the imposition of fees for registration;(d) regulating the employment of registered unprotected workers; and the terms and conditions of such employment, including rates of wages, hours of work, maternity benefit, overtime payment, leave with wages, provision for gratuity and conditions as to weekly and other holidays and pay in respect thereof;25(e) providing the time within which registered employers should remit to the board the amount of wages payable to the registered workers for the work done by such workers;30 35(f) requiring such employers who, in the opinion of the board, make default in remitting the amount of wages in time as mentioned in contract, to deposit with the board, an amount equal to the monthly average of the wages to be remitted as mentioned in contract; if at any time the amount of such deposit falls short of such average, for requiring the employer to make good the amount of such average, and for requiring such employers who persistently make default in making such remittances in time to pay also by way of penalty, a surcharge of such amount not exceeding ten per cent of the amount to be remitted as the board may determine;(g) securing that, in respect of period during which employment or full employment is not available to registered unprotected workers though they are available for work, such unprotected workers shall, subject to the conditions of the scheme, receive a minimum wage;40(h) the welfare of registered unprotected workers covered by the scheme in sofar as satisfactory provision therefor, does not exist, apart from the scheme;(i) health and safety measures in places where the registered unprotected workersare engaged, in so far as satisfactory provision therefor, is required but does not exist, apart from the scheme;45(j) the constitution of any fund or funds including provident fund for the benefitof registered unprotected workers, the vesting of such funds, the payment and contributions to be made to such funds, (provision for provident fund and rates of contribution being made after taking into consideration the provisions of the employees' provident funds act, 1952, and the scheme framed thereunder with suitablemodifications, where necessary, to suit the conditions of work of such registered unprotected workers) and all matters relating thereto;(k) the manner in which, the day from which (either prospective or retrospective)and the persons by whom, the cost of operating the scheme is to be defrayed;5(l) constituting the persons or authorities who are to be responsible for theadministration of the registration, and for the administration of funds constituted for the purposes aforesaid;10(m) specifying the powers and duties which the persons or authorities referredto in clause (l) may exercise or perform, for providing appeals and revision applications against the decisions or orders of such persons and authorities; and for deciding such appeals and applications and for matters incidental thereto;(n)  such incidental and supplementary matters, as may be necessary or expedientfor giving effect to the purposes of a scheme15 20(3) the scheme may further provide that a contravention of any provision thereof shall be punished with imprisonment for such term as may be specified (but in no case exceeding three months in respect of a first contravention or six months in respect of any subsequent contravention) or with fine which may extend to such amount as may be specified (but in no case exceeding five hundred rupees in respect of the first contravention, or one thousand rupees in respect of any subsequent contravention) or with both imprisonment and fine and if the contravention is continued after conviction, with a further fine which may extend to one hundred rupees for each day on which the contravention is so continued25making variation and revocation of labour exchange schemes4 (1) the appropriate government may, after consultation with the  advisory committee, by notification in the official gazette and subject to the condition of previous publication, make one or more scheme for any scheduled employment or group of scheduled employments, in one or more areas specified in the notification; and in like manner add to, amend, vary of substitute another scheme for, any scheme framed by it:provided that, no such notification shall come into force, unless a period of one month has expired from the date of publication in the official gazette:provided further that, the appropriate government may—30(a) if it considers necessary, or35(b) if a demand or request is made by a majority of the employers or workers inany other scheduled employment that the provisions of the scheme for exchanges so made for any scheduled employment or any part thereof shall be applied to such other scheduled employment, after consisting the employers and workers in such scheduled employment by notification in the official gazette, apply the provisions of such scheme or part thereof to such scheduled employment, with such modification, if any, as may be specified in the notification40disputes regarding application of scheme5 if any question arises whether any scheme applies to any class of unprotectedworkers or employers, the matter shall be referred to the appropriate government and the decision of the appropriate government on the question, which shall be taken after consulting the advisory committee constituted under section 15, shall be finalconstitution of board6 (1) the appropriate government may, by notification in the official gazette, establisha board to be known as the labour exchange board for carrying out the provisions of this act:45provided that one or more board may be appointed for one or more scheduledemployments, and for one or more areas(2) every board shall be a body corporate with the name aforesaid, having perpetual succession and common seal, with power to acquire, hold and dispose of property, and to contract, and may by that name, sue or be sued(3) the board shall consist of members nominated from time to time by the appropriate government representing the employers, the unprotected workers, and the appropriate government5(4) the members representing employers and unprotected workers shall be equal innumber, and the members representing the appropriate government shall not exceedone-third of the total number of members representing employers and unprotected workers(5) the chairperson of the board shall be one of the members appointed to represent the appropriate government, nominated in this behalf by the appropriate government10(6) after nomination of all the members of the board including the chairperson theappropriate government shall, by notification in the official gazette, publish the names of all the members of the board(7) the salary and allowances payable to and other terms and conditions of service of every member (not being a member representing the appropriate government) shall be such as may be prescribed15(8) the meetings of the board and procedure to be followed for the purpose and allmatters supplementary or ancillary thereto shall, subject to the approval of the appropriate government, be regulated by the board itself20power of appropriate government to appoint board consisting of one person7 (1) where by reason of employers or unprotected workers in any scheduled employment refuses to nominate persons for representing them on the board or for any reasons whatsoever, it appears to the appropriate government that it is unable to constitute a board for such scheduled employment in accordance with the provisions of section 6, the appropriate government may, by notification in the official gazette, appoint a person who shall hold office until a board is duly constituted under section 6 for such scheduled employment25(2) the person so appointed shall be deemed to constitute the board for the timebeing, and shall exercise all the powers and perform and discharge all the duties and functions conferred and imposed upon the board by or under this act and he shall continue in office until the day immediately preceding the date of the first meeting of such board30(3) the person constituting the board shall receive such remuneration from the fund of the board, and the terms and other conditions of service shall be such as the appropriate government may determinepowers and duties of board8 (1) the board shall be responsible for administering each labour exchange scheme with respect to which it has been set up, and shall exercise such powers and perform such functions as may be conferred on it by the scheme35(2) the boards in general shall be responsible for maintaining a register of all workersemployed in the scheduled employment with respect to which the board has been set up(3) the board shall also maintain a register of employers and contractors (4) the board shall endeavour to facilitate employment of unprotected workers by liaisoning with prospective employers registered with it and providing employers with the names of workers registered for a particular scheduled employment40(5) the board shall be responsible for monitoring compliance with the scheme by employers45(6) the board shall submit to the appropriate government, as soon as may be, after the1st of april every year, and not later than the 31st day of october, an annual report on the working of the scheme during the preceding year ending on 31st day of march of that year(7) every report received under sub-section (6) shall be laid as soon as may be after it is received before each house of the state legislature if it is in session, or in the session immediately following the date of receipt of the report(8) in exercise of the powers and discharge of its functions, the board shall be bound by such directions as the appropriate government may, for reason to be appropriated in writing, give to it from time to timeaccounts and audit59 (1) the board shall maintain proper accounts and other relevant record and preparean annual statement of accounts, including a balance-sheet in such form as may be prescribed(2) the accounts of the board shall be audited annually by such qualified person asthe appropriate government may appoint in this behalf10(3) the auditor shall at all reasonable times have access to the books of accounts and other documents of the board, and may for the purposes of the audit, call for such explanation and information as he may require, or examine any member or officer of the board(4) the accounts of the board certified by the auditor, together with the audited reportthereon shall be forwarded annually to the appropriate government before such date as the appropriate government may specify in this behalf15(5) the board shall comply with such directions as the appropriate government may, after perusal of the report of the auditor, think fit to issue(6) the cost of audit, as determined by the appropriate government, shall be paid out of the funds of the board10 (1) no person shall be chosen as, or continue to be, a member of the board who—disqualifications and removal(a) is a salaried officer of the board; or20(b) is or at any time has been adjudged insolvent; or (c) is found to be a lunatic or becomes of unsound mind; or(d) is or has been convicted of any offence involving moral turpitude(2) the appropriate government may remove from office any member, who—25(a) is or has become subject to any of the disqualifications mentioned in subsection (1); or(b) is absent without leave of the board for more than three consecutive meetingsof the board30(3) notwithstanding anything contained in sub-sections (5) and (7) of section 6 or other provisions of this act or the rules made thereunder, the members (including the chairperson), shall hold office during the pleasure of the appropriate government and, if in the opinion of the appropriate government,—(a) the member representing the employers or the unprotected workers, ceases to adequately represent the employers, or as the case may be, the unprotected workers; or35(b) having regard to the exigencies of circumstances or service in the appropriaegovernment, the member (including the chairperson) representing the appropriate government cannot continue  to represent the appropriate government, the appropriate government may, by order remove all or any of them (including the chairperson) from office at any time40resignation of office by member11 any member of the board may at any time resign his office by writing under hishand addressed to the appropriate government, and his office shall, on acceptance of resignation, become vacantvacancy to be filled as early as possible4512 in the event of any vacancy occurring on account of death, resignation,disqualification or removal or otherwise, the board shall forthwith communicate the occurrence to the appropriate government, and the vacancy shall be filled not later than ninety days from the date of the occurrence of the vacancy, and the person nominated to fill in thevacancy shall hold office so long only as the member in whose place he is nominated would have held it if the vacancy had not occurred:provided that, during any such vacancy, the continuing members may act as if no vacancy has occurred5proceedings presumed to be good and valid13 no act or proceeding of the board shall be questioned or invalidated merely byreason of any vacancy in its membership or by reason of any defect in the constitution thereof1014 (1) the board or such officer as may be specified by it in this behalf may, by order,determine any sum due from any employer or worker under this act or any scheme made thereunder, and for this purpose may conduct such inquiry as the board or such officer maythink to be necessarydetermination of moneys due from employers and workers(2) the board or such officer, conducting the inquiry under sub-section (1) shall, for the purposes of such inquiry, have the same powers as are vested in a court under the code of civil procedure, 1908, for trying a suit in respect of the following matters, namely:—15(a) enforcing the attendance of any person or examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit;2045 of 1860(d) issuing commissions for the examination of witnessess: and any such inquiryshall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the indian penal code, 1860(3) no order determining the sum from any employer or worker shall be made under sub-section (1), unless the employer or worker, as the case may be, is given a reasonable opportunity of representing his case25(4) an order made under this section shall be final and shall not be questioned in any court(5) any sum determined under this section may, if such sum is in arrears, be recovered as an arrear of land revenueadvisory committee3015 (1) the appropriate government may, by notification in the official gazette,constitute an advisory committee to advise upon such matters arising out of the administration of this act or any scheme made under this act or relating to the application of the provisions of this act to any particular class of unprotected workers and employers, or co-ordination of the work of various boards, as the advisory committee may itself consider to be necessary or as the appropriate government may refer to it for advice35(2) the members of the advisory committee shall be appointed by the appropriate government and shall be of such number and chosen in such a manner as may be prescribed by rules made under this act:provided that, the advisory committee shall include an equal number of members representing employers, workers and the legislature of the state and members representing the appropriate government not exceeding one-fourth of its total number of members40(3) the chairperson of the advisory committee shall be one of the members appointedto represent the appropriate government, nominated in this behalf by the appropriate government(4) the appropriate government shall publish in the official gazette, the names of all members of the advisory committee45(5) the meetings of the advisory committee and procedure to be followed for thepurpose shall be regulated according to rules made under this act(6) the salary and allowances payable to and other terms and conditions of service of every member of the advisory committee (not being a member representing the appropriate government) shall be such as may be prescribed5inspectors and their powers16 (1) the board may appoint such persons as it thinks fit to be inspectors possessingthe prescribed qualifications for carrying out the purposes of this act or of any scheme and may define the limits of their jurisdiction(2) subject to any rules made by the appropriate government in this behalf, an inspector may—10(a) enter and search at all reasonable hours, with such assistants as he thinks fit,any premises or place, where unprotected workers are employed, or work is given out to unprotected workers in any scheduled employment, for the purpose of examining any register, record of wages or notices required to be kept or exhibited under any scheme, and require the production thereof, for inspection;15(b) examine any person whom he finds in any such premises or place and who,he has reasonable cause to believe, is an unprotected worker employed therein or an unprotected worker to whom work is given out therein;20(c) require any person giving any work to an unprotected worker or to a group ofunprotected workers to give any information, which is in his power to give, in respect of the names and addresses of the persons to whom the work is given, and in respect of payments made, or to be made, for the said work;(d) seize or take copies of such registers, records of wages or notices or portionsthereof, as he may consider relevant, in respect of an offence under this act or scheme, which he has reason to believe has been committed by an employer; and(e) exercise such other powers as may be prescribed:25provided that, no one shall be required under the provisions of this section to answerany question or made any statement tending to incriminate himself45 of 1860(3) every inspector appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the indian penal code, 18603017 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the state governments for carrying out the purposes of this actcentral government to provide adequate funds18 no child shall be required or allowed to work in any scheduled employmentprohibition of employment of childexplanation— for the purposes of this section 'child' means a person who has notcompleted fourteen years of age35offence to be tried by labour court19 every offence punishable by or under this act (including any offence madepunishable by a scheme made under this act) shall be tried by the labour court, within the local limits of whose jurisdiction the offence was committed20 no labour court shall take cognizance of any offence punishable by an inspectoror by a person specially authorised in this behalf by the board or the appropriate governmentcognizance of offence on complaint4021 (1) notwithstanding anything contained in this act, an appeal shall lie to theindustrial court,—appeal from labour court to industrial court(a) against a conviction by a labour court, by the person convicted; (b) against an acquittal by a labour court, by the complainant;45(c) for enhancement of a sentence awarded by the labour court by the appropriategovernment(2) every appeal shall be made within thirty days from the date of the conviction, acquittal or sentence, as the case may be:provided that, the industrial court may, for sufficient reasons to be recorded in writing allow an appeal after the expiry of the said period522 (1) an endeavour shall be made by the labour court to hear and dispose of acomplaint of an offence punishable by or under the act, as far as possible, within three months from the date the complaint is made to ittime limit for disposal of appeal by labour court10(2) an endeavour shall be made by the industrial court to hear and dispose of anyappeal or reference made to it under this act, as far as possible, within three months from the date such appeal or reference is made to it8 of 1923application ofworkmen'scompensation act, 1923 to unprotected workers1523 the provisions of the workmen's compensation act, 1923, and the rules madefrom time to time thereunder, shall mutatis matandis apply to registered unprotected workersemployed in any scheduled employment to which this act applies and for that purpose they shall be deemed to be workmen within the meaning of that act and in relation to such workmen, employer shall mean where a board makes payment of wages to any such workmen, the board, and in any other case, the employer as defined in this act4 of 193620application of the payment of wages act, 1936 to unprotected workers2524 (1) notwithstanding anything contained in the payment of wages act, 1936,(hereinafter referred to in this section as "the said act"), the appropriate government may, by notification in the official gazette, direct that all or any of the provisions of the said act or the rules made thereunder shall apply to all or any class of registered unprotected workers employed in any scheduled employment to which this act applies, with the modification that in relation to registered unprotected workers employer shall mean where a board makes payment of wages to any such worker, the board, and in any other case, the employer as defind in this act and on such application of the provisions of the said act, an inspector appointed under this act shall be deemed to be the inspector for the purpose of the enforcement of such provisions of the said act within the local limits of his jurisdiction(2) the appropriate government may, only if the advisory committee so advises, by alike notification cancel or vary any notification issued under sub-section (1)53 of 196130application of maternity benefit act,1961 tounprotected women workers3525  notwithstanding anything contained in the maternity benefit act, 1961 (hereinafterreferred to in this section as "the said act") the appropriate government may, by notification in the official gazette, direct that all or any of the provisions of the said act or the rules made thereunder shall apply to registered unprotected women workers employed in any scheduledemployment to which this act applies and for that purpose they shall be deemed to be women within the meaning of the said act; and in relation to such women employer shall mean where a board makes payment of wages to such women, the board; and in any other case, the employer as defined in this act; and on such application of the provision of the said act, an inspector appointed under this act shall be deemed to be the inspector for the purpose of enforcement of such provisions of the said act within the local limits of his jurisdiction40rights and privileges under other laws not affected in certain cases26 nothing contained in this act shall affect any rights or privileges, which anyregistered unprotected worker employed in any scheduled employment is entitled to, on the date on which this act comes into force, under any other law, contract, custom or usage applicable to such workers, if such rights or privileges are more favourable to him than those to which he would be entitled under this act and the scheme:45provided that, such worker will not be entitled to receive any corresponding benefitunder the provisions of this act and the schemeenquiry into working of the board27  (1) the appropriate government may at any time appoint any person to investigateor enquire into the working of any board or scheme and submit a report to the apprpriate government in that behalf(2) the board shall give to the person so appointed all facilities for the proper conduct of their investigation or inquiry, and furnish to him such documents, accounts or information in possession of the board as he may require5(3) any person so appointed to investigate or inquire into the working of any board orscheme may exercise all the powers of an inspector appointed under this actsupersession of the board28 (1) if the appropriate government, on consideration of the report referred to in subsection (1) of section 25 or otherwise, is of the opinion—(a) that the board is unable to perform its functions; or10(b) that the board has persistently made default in the discharge of its functionsor has exceeded or abused its powers, the appropriate government may, by notification in the official gazette, supersede the board and constitute it in the prescribed manner, within a period of twelve months from the date of supersession,the period of supersession may be extended for sufficient reasons by a like notification by not more than six months:15provided that, before issuing a notification under this sub-section on any of the grounds 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 board20(2) after the supersession of the board and until it is reconstituted, the powers, duties and functions of the board under this act shall be exercised and performed by the appropriate government, or by such officer or officer's as the appropriate government may appoint for this purpose(3) when the board is superseded the following consequences shall ensue, that is to say—25(a) all the members of the board shall, as from the date of publication of thenotification under sub-section (1) vacate their office;(b) all the powers and functions, which may be exercised or performed by theboard shall, during the period of supersession be exercised or performed by such persons as may be specified in the notification;30(c) all funds and other property vesting in the board shall, during the period ofsupersession, vest in the appropriate government and on the reconstitution of the board, such funds and property shall revest in the boardcontracting out3529 any contract or agreement, whether made before or after the commencement ofthis act, whereby a registered unprotected worker relinquishes any right conferred by, or any privilege or concession accruing to him under this act or any scheme, shall be void and of no effect in so far as it purports to deprive him of such right or privilege or concessionamendment of schedule4030 the appropriate government may, by notification in the official gazette not lessthan three months' notice of its intention so to do, modify any item of the schedule or add to the schedule any employment in respect of which it is of opinion that the provisions of this act should apply to such employment as modified or addedgeneral penalty for offences4531 save as otherwise expressly in this act, any person, who contravenes any of theprovisions of this act or any rule made thereunder shall, on conviction by a labour court or the industrial court, be punished with fine which may extend to five hundred rupees, and in case of continued contravention thereof, with an additional fine which may extend to one hundred rupees per day for every day during which such contravention continuespower to make rules32 (1) the appropriate government may, by notification in the official gazette, makerules for carrying out the purposes of this act5(2) every rule made under this act by the central government shall be laid, as soon asmay be after it is made, before each house of paliament, 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 rule10(3) every rule made by the state government under this act shall be laid, as soon asmay be after it is made, before each house of the state legislature the schedule [see section 2(j)]1 employment in iron and steel market or shops in connection with loading, unloading, stacking, carrying, weighing, measuring or such other work including work preparatory or such operations2 employment in cloth and cotton markets or shops in connection with loading, unloading, stacking, carrying, weighing, 1[measuring, filling, stitching, sorting, cleaning or such other work] including work preparatory or incidental to such operations3 employment in docks in connection with loading, unloading, stacking, carrying, weighing, measuring or such other work including work preparatory or incidental to such operations4 employment in grocery markets or shops, in connection with loading, unloading, stacking, carrying, weighing, measuring, filling, stitching, sorting, cleaning or such other work including work preparatory or incidental to such operations5 employment in markets, and factories and other establishment in connection with loading, unloading, stacking, weighing, measuring, filling, stitching, sorting, cleaning or such other work including work preparatory or incidental to such operations carried on by workers not covered by any other entries in this schedule6 employment in railway yards and goods-sheds in connection with loading, unloading, stacking, weighing, measuring or such other work preparatory or incidental to such operations by workers who are not employed by railway authorities7 employment in connection with loading of goods into public transport vehicle or unloading of goods therefrom and any other operation incidental and connected thereto8 employment in vegetable markets (including onions and potatoes markets) in connection with loading, unloading, stacking, carrying, weighing, measuring, filling, stitching, sorting, cleaning or such other work including work preparatory or incidental to such operations9 employment in markets or subsidiary markets in connection with loading, unloading, stacking, carrying, weighing, measuring, filling, stitching, sorting, cleaning or such other work including work preparatory or incidental to such operations10 employment in khokha making, and in timber market 11 employment in salt pans12 employment in fishing industry13 employment in connection with the loading, unloading and carrying of foodgrains into godowns sorting and cleaning of foodgrains, filling foodgrains in bags, stitching of such bags and such other work incidental and connected thereto14 employment in establishment engaged in cleaning, sorting, loading, unloading, stacking, carrying, weighing, measuring, stitching, filling of onions or onions bags and other produce and such other work including the work preparatory or incidental or such operations15 employment in brick kilns, beedi making, incense making and other allied industries 16 employment in roadside dhabas and other eateries and food stalls 17 employment in cleaning, sweeping, garbage collecting and other sanitation work 18 domestic workers statement of objects and reasonsindia has a large informal economy at present, only ten percent of india's over470 million workforce is in the organised sector while the remaining are unorganised and do not receive the benefits of labour regulations and welfare legislations most workers in india's informal economy are seasonal and circular migrants who stay at the work site for a certain period, and then either go back to their homes or move on to other work locations most of them perform jobs that are not accounted for in the traditional work force and are not covered by existing labour regulations such as lifting heavy objects, cleaning and providing manual labour according to the international labour organization most of this work force falls under the unacceptable forms of work as defined by it these workers are often recruited by labour contractors in mass and face severe exploitation as they are subject to unregulated and unsafe working conditions without having any legal recoursethere have been many efforts at addressing the specific problems faced by workers in the unorganised sector several legislations like the contract labour (regulation and abolition) act, 1979, the unorganized workers social security act, 1996, etc were brought into force seeking to extend social protection to unorganised sector workers however, they have been largely unsuccessful and insufficient with respect to bringing the workers in the informal economy at par with those in the formal economyhowever, one such initiative has been successful in the state of maharashtra in the state of maharashtra, under the maharashtra mathadi hamal and other manual workers (regulation of employment and welfare) act, 1969 a class of manual workers known as mathadis are organised under a welfare board which regulates the working conditions and provides them with social security these boards were highlightes as a positive example in an international labour organization global and comparative study on unacceptable forms of workwhereas, it is necessary that the success of the labour board system in the state of maharashtra be replicated at the national scale in order to provide social security to informal labour and to safeguard them from exploitationhence this billnew delhi;feroze varun gandhidecember 5, 2016 financial memorandumclause 3 of the bill provides that appropriate government shall formulate a scheme to be known as the labour exchange scheme for the registration of employers and unprotected workers in the scheduled employment, and to provide for the terms and conditions of work of registered unprotected workers, and make provision for their general welfare clause 6 provides for establishment of labour exchange boards by the appropriate government clause 15 provides for constitution of advisory committees by the appropriate government clause 16 provides that the board may appoint inspectors for carrying out the purposes of this bill clause 17 provides that the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the state governments for carrying out the purposes of this act although, the expenditure relating to states shall be borne out of the consolidated funds of the respective states the expenditure relating to union territories shall be borne by the central government the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india though, at this stage, it is difficult to assess the exact expenditure, it is estimated that a sum of rupees  fourteen crores would be involved as recurring expenditure per annuma non-recurring expenditure of about rupees twenty five crores is also likely to be involved memorandum regarding delegated legislationclause 32 of the bill empowers the appropriate government to make rules for carrying out the purposes of this bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok  sabha———— a billto establish labour exchanges to regulate the employment of unprotected manual workers engaged in the unorganised sector; to make better provision for their terms and conditions of employment; to provide for their welfare, and for health and safety measures where such employments require these measures; to make provision for ensuring an adequate supply to and full and proper utilization of such workers in  such employments to prevent avoidable unemployment; to provide for the establishment of labour exchange boards in respect of these employments and for matters connected therewith————(shri feroze varun gandhi, mp)gmgipmrnd—4063ls(s3)—17-01-2017