 bill no 140 of  2015 the  private drivers (welfare) bill, 2015 byshri maheish girri, mp a billto provide for the welfare of private drivers by constituting a fund to be known as the private drivers welfare fund and for matters connected therewithbe  it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the private drivers (welfare) act, 2015short title and commencement(2)  it shall come in to force on such date as the central government may, by notificationin the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions5(a) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government;(b) "private driver" means a person who is skilled as a driver and possesses a valid driving license issued by an authority of the appropriate government and who offers his service as a driver to any person for personal use or for commercial purpose but does not include a person who is enrolled on the payroll of a company registered under the companies act, 20135(c) "employer" means a person  who takes the services of a private driver either for personal use or for his commercial vehicle(d) "fund" means private drivers welfare fund constituted under section 3;and(e) "prescribed" means prescribed by rules made under this act10 3 (1) the central government shall constitute a fund to be known as the private drivers welfare fundconstitution of the private drivers welfare fund(2) the fund shall consist of contributions from the central government, the state governments and the employers(3) the fund shall be administered by a board consisting of,—15(a) a chairperson to be appointed  by the central government; (b) one member  representing each of the state government and the union territory administrator, who shall be nominated by the respective state government or the union territory administration, as the case may be;(c) two members representing the private drivers; and20(d) one officer not below the rank of joint secretary in the union ministry of social justice and empowerment (4) the salary and allowances payable to, and other terms and conditions of the service of chairperson and members of the board shall be such as may be prescribed254 (1) the board shall determine the purposes for which the fund shall be utilizedfunctions of the board(2) without prejudice to the generality of the provision of sub-section (1), the fund shall be utilized for the following purposes, namely:—(a) payment of old-age pension at the rate of rupees five thousand per month to private drivers who have attained the age of sixty years;30(b) healthcare facilities at subsidized rate to private drivers and their dependent family members at the designated government and private hospitals;(c) free health insurance; (d) free education facilities including supply of books, uniform, writing materials, transport to and from school, for the children of private drivers;35(e) free insurance cover; and(f) housing facilities at subsidised cost5 every private driver shall be entitled to get assured minimum wage as such rate, as may be determined from time to time, by appropriate governmententitlement of minimum wages to private drivers406 (1) no private driver shall, except the time taken for meals and leisures, be required to work for more than—regulation of working hours(i) eleven hours in a day; (ii)  fifty five hours in a week; and(iii) five consecutive hours in a day or eight consecutive hours during night(2) every private driver shall be entitled to—(i)  one hour of rest after every five hours of consecutive work; (ii)  one holiday per week; and (iii)  holidays  on such occasions, as may be specified by the central government5penalty7 any employer who fails to contribute to the fund in accordance with the provision of section 3 or who contravenes the provisions of section 5 shall be punished with a fine which may extend up to rupees one lakh or an amount equal to one year's assured minimum wage, whichever is higher10 8 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the board for carrying out the purposes of this actcentral government to provide adequate funds9 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forceact not to be in derogation of other lawpower to make rules1510 (1) the central government may, by notification in the official gazette, make rules for carrying the purpose of this act20(2) every rule made under this act, shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modifications both the houses agree that the rules should not be made, the rules 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 the rule statement of objects and reasonsprivate drivers perform intensive work which involves element of risk during the course of their employment, private drivers do all sorts of jobs assigned by employers and are overburdened with work however, the salary paid is not proportionate to the actual work done by them they carry work stress, which is a major cause of accidents private drivers come from poorest section of the society and do not enjoy any security of job majority of private drivers are not able to afford the cost of education of their children due to their meager income and lack of resources therefore, the state should come forward to ensure the safety and well being of this unrecognized labour forcethe bill seeks to provide for constitution of a private drivers welfare fund and a board to take some welfare measures for private drivers and their family members so that they can lead a decent lifehence, this billmarch 15, 2015 financial memorandumclause 3 of the bill provides for the constitution of a private drivers welfare fund for the private drivers it further provides for constitution of a board to administrator the fund clause 8 provides that the central government shall provide adequate funds to the board for carrying out the purposes of the bill the bill, therefore, if enacted, would involve expenditure from the consolidated fund of indiait is estimated that a sum of rupees one thousand crore will be involved as recurring expenditure per annum from the consolidated fund of indiaa non-recurring expenditure of about one hundred crore will also be involved memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of the bill since the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok  sabha———— a billto provide for the welfare of private drivers by constitute a fund to be known as the private drivers welfare fund and for matters connected therewith————(shri maheish girri, mp)gmgipmrnd—73ls(s3)—30-04-2015