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Corporate Legal Framework
2. It shall be the duty of such occupier, agent, manager or the person in charge of the factory
or process to take immediate remedial action, if he is satisfied about the existence of such
imminent danger and send a report forthwith of the action taken to the nearest Inspector.
3. If the occupier, agent, manager or the person in charge referred to in Sub-section (2) is not
satisfied about the existence of any imminent danger as apprehended by the worker, he
shall, nevertheless, refer the matter forthwith to the nearest Inspector whose decision on
the question of the existence of such imminent danger shall be final.
12.7 Recommendation of the National Commission on Labour
The Government of India has set up the second national labour on 15th October, 1999. The
commission has made valuable suggestions to improve the harmonious relations among the
laborers working in the factory premises. It is an umbrella of the legislation to ensure a minimum
level of protection to the workers in the unorganized sector. It has recommended that-
1. Existence of child labour in hazardous industries is a major obstacle for Indian government
and steps should be taken to eradicate it from the country. For this, a special scheme of
establishing the special schools to provide the non-formal education, vocational training,
supplementary nutrition, stipends, health care, etc. should be provided to children
withdrawn from employment in hazardous industries.
2. Ministry of labour in 1978 formulated a scheme for the rehabilitation of the bonded
laborers. The responsibility for the identification, release and rehabilitation of the free
bonded laborer rest entirely with the state government. Bonded laborers on release is
paid immediately 1000/- as subsistence allowance and is rehabilitated as per the situation
with a rehabilitation packages of 10,000 keeping in view the price escalation and increase
in the cost of the rehabilitation packages.
3. With the intention to focus on the heath of the women workers & to improve their
conditions, a women cell has been set up which provides the opportunities for increasing
the employment opportunities for women & providing grants & aids to the voluntary
organizations for carrying out the research on the problems faced by the women workers.
It also helps the women to be aware of their rights and opportunities so as to become
economically independent.
4. To achieve for the occupational safety and health of the workers, the Directorate General
of Mines Safety (DGMS) and Directorate General of Factory Advice Services and labour
Institutes( DGFASLI) have been set-up in mines, ports and factories. It monitors the working
environment, man-machinery interface training and safety requirements of the workers.
5. It also recommended that the formation of the craft and occupation trade unions should be
discouraged and formation of the industrial trade unions and industrial federations should
be encouraged.
6. Penalties may be legally provided to curb a management policy of victimization and
similar unfair labour practices which prevent the emergencies of internal leadership.
7. It also entrusts the labour bureau to be responsible for collection, compilation and
publication of the labour statistics and other information regarding employment, wages,
earnings, industrial relations, working conditions, etc. It also complies and publishes the
data related to consumer price index numbers for industrial and agriculture workers.
8. It also recommends educating the workers to help them avoid the wasteful expenditure,
adopting cost effectiveness and by enhancing productivity of the qualitative nature. It
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