 bill no  xii of  2010 the migrant labour security bill, 2010 a billto provide security to labourers migrating from the rural areas to the metro cities andtowns in the industrial areas of the country in search of livelihood and to provide for the welfare measures to be undertaken by the states for the migrating labour by setting up a welfare authority and a welfare fund and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the migrant labour security act, 2010 (2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force with immediate effect52 in this act, unless the context otherwise requires,—definitions(a) "appropriate government" means in the case of a state, the government ofthat state and in other cases, the central government;(b) "authority" means the migrant labour security authority established undersection 4;10(c) "migrant labour" means those labourers who are not members of any labouror trade union and are working in private or unorganized sector or engaged in selfemployment;(d) "prescribed" means prescribed by rules made under this act;(e) "wages" means the remuneration capable of being expressed in terms of money which shall be payable to a person in respect of the work done in any employment;5(f) "welfare fund" means the welfare fund set up for the migrant labour under this act;national policy for migrant labourers3 the central government shall, as soon as may be but within one year of the commencement of this  act and in consultation with the governments of the states, formulate, a national policy for the welfare of the migrant labours and for providing proper security and amenities them uniformly throughout the country104 (1) the central government shall, as soon as may be, by notification in the official gazette, establish an authority be called the migrant labour security authority for the purposes of this actestablishment of the migrant labour security authority(2) the authority shall be a body corporate by the name aforesaid, having perpetual succession and common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued15(3) the head office of the authority shall be at new delhi and the authority may establish offices at other places in the country as it may deem necessary(4) the authority shall consist of the following members, namely:—20(a) a chairperson to be appointed by the central government having the background of labour related issues or of the judiciary;(b) a deputy chairperson to be appointed by the central government having such qualifications as may be prescribed;(c) three members of parliament of whom two shall be elected by lok sabha and one by the rajya sabha;25(d) three members to be appointed by the central government to represent respectively:—(i) the ministry of central government dealing with labour and employment;(ii) the ministry of central government dealing with rural development; (iii) the ministry of central government dealing with finance;30(e) four members to be appointed by the central government from amongst the non-governmental organisations working for the welfare of the migrant labours;(f) four members to be nominated by the state governments to be rotated amongst the states in alphabetical order35(5) the term of office of the chairperson, deputy chairperson and members of the authority and the procedure to be followed in the discharge of the functions of the authority shall be such, as may be prescribed(6) the authority shall have a secretariat with such officers and staff and with such terms and conditions of service as may be prescribed40functions of the authority5 (1) it shall be the duty of the authority to promote and undertake by such measures as it thinks fit or deem necessary, welfare measures for the migrant labours(2) without prejudice to the generality of the provisions of sub-section (1) the measures referred to therein may provide for,—45(a) security of migrant labour against any protest and discrimination by local people(b) welfare measures to be undertaken by the states for the migrant labour; (c) maintaining a district-wise register for migrant labour with such particularsand in such manner, as may be prescribed;5(d) providing different amenities to migrant labour viz medical care, free of cost,both the indoor and outdoor patient facilities to the migrant labour and maternity and creche facilities for the female labours covered under this act;(e) availability of work round the year to the migrant labour and rehabilitationthereof;(f) payment of old age pension to the migrant labour;10(g) provident fund facility to the migrant labour; (h) such other provisions as the authority may deem necessary for the purposesof this actmigrant labour security fund156 (1) the central government shall as soon as may be, by notification in the official gazette, establish a security fund to be known as the migrant labour security fund for the purposes of this act with initial corpus of rupees one thousand crore to be provided by the central government by due appropriation made by law by parliament in this behalf and thereafter the central government, state governments and employers shall contribute to the security fund to such extent and in such manner as may be prescribed20(2) corporate houses, financial institutions both domestic and international, individualsand bodies may also contribute through donations or otherwise to the security fund(3) all moneys received in the security fund shall be utilised for the welfare of the migrant labour by the authority in such manner as the central government may prescribe from time to time7 notwithstanding anything contained in any other law for the time being in force,—25miscellaneous provisions(a) no employer shall engage any migrant labourer, as the case may be, unless hehas registered himself with the authority;30(b) every employer shall pay a minimum of rupees four thosand five hundred permonth or rupees one hundred fifty per day to a migrant labourer or worker covered under this act engaged by him for work and this rate of wages shall be subject to change in accordance with the rise in price index;(c) every day of the work done by the migrant labourer covered under this act, shall be counted for the purpose of calculating the total period of service rendered by migrant labourer in a month of a year35penalty8 whoever contravenes any of the provisions of this act shall be guilty of an offenceunder this act and shall be punishable with simple imprisonment which shall not be less than six months but may extent to two years and also with fine, which may extend to two lakh rupeessavings9 the provisions of this act shall be in addition to and not in derogation of any otherlaw for the time being in force40power to remove difficulty10 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may by notification make such order to give such direction, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of the difficulty and any such order shall be final45power to make rules11 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement  of objects and reasonsa wide gap exists between the urban and the rural india which leads to migration of large number of people from one state to the other seventy-five per cent of the total population of urban population has access to electricity whereas only thirty per cent people are able to avail the bnefit of electricity in the villages the literacy rate in six lakh villages of the country is fifty-nine per cent whereas eighty per cent people of 5, 161 cities of the country are literate maximum migration from one state to the other state in india, especially from the rural areas of eastern india, to the metro cities and towns of industrial areas, is taking place for want of employment even today, 7222 per cent population of the country is residing in villages where the government have started employment guarantee schemes and still they are forced to wander from one place to another in search of employment industrialisation in the country has been limited to the metro cities or cities of a particular area due to this reason, the number of persons migrating to these areas from the rural india is rapidly increasing consequently, the migrants labour force is not only protested by the local people but it also facing discrimination by the local government and administration cases of violent protests by the local people against the migrants who have come for employment have been increasing therefore, it becomes the responsibility of the central government to make proper arrangements for providing security to the persons migrating from one state to the other in search of employment as every citizen of india has been granted under article 19(1)(e) and (g) the right to move freely throughout the territory of india and to reside and settle in any part of the territory of indiahence this billprabhat jha financial memorandumclause 4 of the bill provides for the establishment of the migrant labour security authority clause 6 of the bill provides for the migrant labour security fund the bill, if enacted, will involve expenditure from the consolidated fund of india apart from one thousand crore rupees of initial corpus of the welfare fund, it is estimated that a sum of rupees three thousand crore may involve as recurring expenditure per annuma sum of rupees one hundred crore may also involve as non-recurring expenditure memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules to carry out the purposes of the bill as such the matter relates to details only the delegation of legislative power is of a normal character———— a billto provide security to labourers migrating from the rural areas to the metro cities andtowns in the industrial areas of the country in search of livelihood and to providefor the welfare measures to be undertaken by the state for the migrating labourby setting up a welfare authority and a welfare fund and formatters connected therewith and incidental thereto————(shri prabhat jha, mp)