 bill no 227 of 2018 the industrial employment and environmental protection bill, 2018 bydr dharam vira gandhi, mp a billto provide employment to the local residents of any area in which an industry has been or is going to be setup, ensure basic income to all workers and to establish a regulatory mechanism to protect environment from any adverse effects due to industrialization in such area and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1  (1) this act may be called the industrial employment and environmental protection act, 2018short title, extent and commencement(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "annual report" means a report giving the details of the development activities taken up over the year by the authority and providing details about the targets set and achieved;5(b) "appropriate government" means the concerned state government or the union territory government, as the case may be, and in all other cases, the central government;(c) "authority" means the industrial employment and environmental protection authority established under section 3; and(d) ''prescribed'' means prescribed by rules made under this act103 (1) with effect from such date as the central government may, by notification, appoint, there shall be constituted for the purposes of this act, an authority to be known as the industrial employment and environment protection authority for carrying out the purposes of this act15(2) the authority shall consist of—establishment of the industrial employment and environment protection authority(i) union minister of state in the ministry of labour and employment—ex-officio chairperson;(ii) union minister of state in the ministry of environment—ex-officio vice chairman; and20(iii) director, central board for employment, union minister of labour and employment—ex-officio member (3) the central government shall appoint such number of officers and staff as it considers necessary for the functioning of the authority who have special knowledge pertaining to employment schemes and environmental issues25(4) the salary and allowances payable to and other terms and conditions of the officers and staff of the authority shall be such as may be prescribed4 (1) the headquaters of the authority shall be at new delhiheadquarters and other offices of the authority(2) the authority shall establish offices at such other places in the country as it may deem necessary for carrying out the purposes of this act30meetings and procedure of the authority5 the authority shall meet at such times and places and shall observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed by the central governmentfunctions of the authority6 (1) without prejudice to the provisions contained in this section, the functions of the authority shall include,—35(a) undertaking a baseline study to collect comprehensive data about the existingminimum number of local resident employees working in all industries to which land is provided by government;40(b) undertaking a baseline study to collect comprehensive data of adverse effectson the environment within the circumference of 5 kilometer where  the particular industry has been setup, due to the working mechanism of the industry;(c) formulating a scheme and giving mandatory guidelines to the industries to reserve a certain percentage (at least fifty per cent) of employee positions exclusively for local residents of that area;(d) formulating a scheme for providing wages throughout the year for those employed seasonally;45(e) creating an establishment to maintain data on the workers of closed sick industries and to formulate schemes for the welfare of such workers;(f) formulating eco-friendly schemes and giving mandatory guidelines to protectthe flora and fauna in the circumference of 10 kilometer of the particular industry;(g) installing regular test mechanisms to trace the effects on the environmentdue to industry production;5(h) recommend penalty including cancellation of license or such other penaltyas are necessary to save the environment for violation or norms or guidelines by industries; and(i) undertaking such other activities, as may be prescribed by the centralgovernment10(2) the authority shall disseminate the necessary knowledge and information collected,to the respective departments of the central government and the state governmentsannual report7 (1) the authority shall prepare every year an annual report in such form and as may be prescribed by the central government, giving a summary of its activities including schemes it has undertaken and recommended to the appropriate government during the previous year and it shall contain the statements of annual report of the authority15(2) a copy of the annual report shall be forwarded to the central government and the central government shall cause the annual report to be laid, as soon as may be after it is received, before each house of parliament20power to remove difficulty8 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 may appear to it to be necessary or expedient for removal of the difficulty:provided that such order shall be made after the expiry of a period of three years from the date of commencement of this act25power to make rules9 (1) the central government, in constitution with the state governments, may bynotification in the official gazette, make rules for carrying out the purposes of this act30 35(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation statement  of  objects  and  reasonsarticle 38 provides that the state shall promote welfare of the people and secure a social order and protect social, economic and political justice to the people this explicitly means that the state is free to form such policies for the promotion of welfare of the people, as and when it deems fitunemployment is a serious issue for the growing population of the country and the statistics collected in the last decade certainly prove that unemployment is growing rapidly and to generate jobs for the youth is the need of the hour setting up of industries is one of the promising solutions to control the unemployment rate there have been several examples where the state as well as central governments have acquired lands from the people and given them to industries to promote industrialisation in the country in return, monetary compensation is given to the land holders for the land acquisition done by the government however, one-time monetary compensation is not the only way, the government can also formulate such schemes by giving mandatory guidelines to the industrialists to hire certain percentage of their employees from the local area where the industry is being set up this can be the adept way to tackle the problem of rapidly growing unemployment rate of the countrystudies of the industrial revolution show that the growth of industries has adversely affected the environment this also alludes to the fact that proper precautionary measures are not being taken either by the industries or the government right to clean and healthy environment is a fundamental right which comes under the purview of article 21 of the constitution human needs are limitless and when it comes to urbanisation, they are never satisfied we as humans compromise with nature as per our convenience but, we often forget about the role the environment plays in our  lives the green environment that we live in consists of air, water, sunlight, trees etc everything that the environment consists of is important to us it is the duty of the state to establish an authority and some kind of control mechanism for the industries, given their arbitrary practices have already affected the environment adverselythis bill provides for the aforementioned necessary safety net by providing for these measures, it will be the much-needed antidote required to control unemployment and growing environmental issues within the countryhence this billnew delhi;dharam vira gandhinovember 27, 2018 financial memorandumclause 3 of the bill provides for the establishment of the industrial employment and environment protection authority it also provides for appointment of officers and staff to the authority clause 4 provides for establishment of headquarters and officers of the authority clause 6 provides for the authority to undertake studies and formulate schemes for the better management of industry and environment the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees twenty five crore per annum will be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees thirty crore is also likely to be involved memorandum  regarding  delegated  legislationclause 9 of the bill empower the central 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———— a billto provide employment to the local residents of any area in which an industry has been or isgoing to be setup, ensure basic income to all workers and to establish a regulatorymechanism to protect environment from any adverse effects due to industrializationin such area and for matters connected therewith or incidental thereto————mgipmrnd—2513ls(s3)—19-12-2018