Draft of Resolutions

 

AGM RESOLUTIons – Ordinary & special resolutions – Drafts

 

The concept of Annual General Meeting (AGM) has been defined under Section 96 of the Companies Act, 2013. It can be considered as an annual gathering of Directors and Shareholders / members of the Company to discuss the future of the Company and also company’s overall performance is analyzed.

 

·        MCA CLARIFICATION ON HOLDING OF DIGITAL AGM THROUGH VC OR OAVM – NOT PHYSICAL

 

Ministry of Corporate Affairs (MCA) vide General Circular No. 20 / 2020 dated 05th May, 2020 has allowed certain classes of companies to conduct their Annual General Meeting (AGM) through video conferencing (VC) or other audio-visual means (OAVM), during the calendar year 2020.

 

There will be no place of meeting, since all the participants will be joining the meeting through VC or OAVM.

 

·         Types of Business conducted / Resolution passed at AGM:

 

1. Ordinary Business – Ordinary Resolution 

2. Special Business   - Special Resolution

 

Ø  Ordinary Resolutions: There are only 4 Business / Resolutions which are ordinary resolutions:

 

·         List of Ordinary Resolutions:

 

1.      the consideration of financial statements, consolidated financial statements, if any, and the reports of the Board of Directors and Auditors;

2.      the declaration of any dividend;

3.      the appointment of Directors in the place of those retiring; and

4.      the appointment and fixing of remuneration of the Auditors

 

Ø  Special Businesses: means business other than the Ordinary Business to be transacted at an Annual General Meeting and all business to be transacted at any other General Meeting.

 

In short: Business other than ordinary (above 4) shall be treated as Special Resolution.

 

Draft Resolutions:

 

Ø Ordinary Resolutions:

 

1. Adoption of financial statements

To consider and adopt the audited financial statements (including the consolidated financial statements) of the Company for the financial year ended March 31, 2020 and the reports of the Board of Directors (“the Board”) and auditors thereon.

 

2. Declaration of dividend

To declare a final dividend of Rs……… per equity share, for the year ended March 31, ………….

Or

To declare Dividend on Equity Shares for the financial year ………………………

 

3. Appointment of …………. as a director liable to retire by rotation

 

To appoint a director in place of ……………. (DIN: …………), who retires by rotation and, being eligible, seeks re-appointment.

 

Explanation: Based on the terms of appointment, office of executive directors and the non-executive & non independent chairman are subject to retirement by rotation. ………………. (name of the Director), who was appointed on ……………….., whose office is liable to retire at the ensuing AGM, being eligible, seeks re-appointment. Based on performance evaluation and the recommendation of the nomination and remuneration committee, the Board recommends his re-appointment. Therefore, members are requested to consider and if thought fit, to pass the following resolution as an ordinary resolution :

 

RESOLVED THAT, pursuant to the provisions of Section 152 and other applicable provisions of the Companies Act, 2013, ………….. (DIN: ………….), who retires by rotation, be and is hereby re-appointed as a director liable to retire by rotation.

 

4. To appoint Statutory Auditors from the conclusion of this Annual General Meeting until the conclusion of the Sixth consecutive Annual General Meeting and to fix their remuneration:

RESOLVED THAT pursuant to Sections 139, 142 of the Companies Act, 2013 (“Act”) and other applicable provisions, if any, of the said Act and Companies (Audit and Auditors) Rules, 2014 made thereunder and other applicable rules, if any, under the said Act (including any statutory modification(s) or re-enactment thereof for the time being in force) M/s. ……………….., Chartered Accountants (Registration No…………………), be and is hereby appointed as the Statutory Auditors of the Company commencing from the conclusion of this Annual General Meeting till the conclusion of Sixth consecutive Annual General Meeting at a remuneration to be fixed by the Audit Committee and/or Board of Directors of the Company, in addition to the re-imbursement of applicable taxes and actual out of pocket and travelling expenses incurred in connection with the audit and billed progressively.

 

Ø Special Resolutions:

 

1. Appointment of ……………….. as an independent director

 

To consider and if thought fit, to pass the following resolution as an ordinary resolution :

 

RESOLVED THAT …………….  (DIN: …………..), who was appointed as an additional and independent director, pursuant to Sections 149, 152 and 161 and other relevant provisions of the Companies Act, 2013 and Rules made thereunder (including any statutory modification(s) or re-enactment(s) thereof, for the time being in force), Articles of Association of the Company, approvals and recommendations of the nomination and remuneration committee, and that of the Board, be and is hereby appointed as an independent director, not liable to retire by rotation, for a period up to …………………..

 

RESOLVED FURTHER THAT the Board be and is hereby authorized to delegate all or any of the powers to any committee of directors with power to further delegate to any other officer(s) / authorized representative(s) of the Company to do all acts, deeds and things and take all such steps as may be necessary, proper or expedient to give effect to this resolution.

 

2. Appointment of ……………….. as a Director

 

To consider and if thought fit, to convey assent or dissent to the following Ordinary Resolution:

 

RESOLVED THAT pursuant to the provisions of Section 152 and other applicable provisions, if any, of the Companies Act, 2013 (‘the Act’) and the Companies (Appointment and Qualifications of Directors) Rules, 2014, as amended from time to time, …………….. (DIN: ………..), who was appointed as an Additional Director by the Board on ………………. and who holds office upto the date of this Annual General Meeting in terms of Section 161 of the Act, and in respect of whom the Company has received a notice in writing from a Member under Section 160 of the Act, signifying its intention to propose ………………. as a candidate for the office of Director of the Company, be and is hereby appointed as a Director of the Company

 

3. Ratification of Cost Auditor’s Remuneration

To consider and if thought fit, to convey assent or dissent to the following Ordinary Resolution:

RESOLVED THAT pursuant to the provisions of Section 148 and other applicable provisions, if any, of the Companies Act, 2013 read with the Companies (Audit and Auditors) Rules 2014, as amended from time to time, payment of Rupees …………… plus applicable taxes thereon and reimbursement of out-of-pocket expenses at actuals, to ………………….., Cost Accountants, (Firm Registration No. …………), who have been appointed by the Board as Cost Auditors of the Company for conducting the cost audit of the accounts for the financial year ending 31st March, ………….., be and is hereby ratified.

 

4. Consent of Members for increase in the limits applicable for making investments / extending loans and giving guarantees or providing securities in connection with loans to Persons / Bodies Corporate

 

To consider and if thought fit, to convey assent or dissent to the following Special Resolution:

 

RESOLVED THAT pursuant to the provisions of Section 186 of the Companies Act, 2013 (“the Act”) read with the Companies (Meetings of Board and its Powers) Rules, 2014 and other applicable provisions, if any, of the Act (including any modification or re-enactment thereof for the time being in force) and subject to such approvals, consents, sanctions and permissions as may be necessary, consent of the Members of the Company be and is hereby accorded to the Board of Directors of the Company (hereinafter referred to as “the Board”, which term shall be deemed to include, unless the context otherwise requires, any committee of the Board or any officer(s) authorized by the Board to exercise the powers conferred on the Board under this resolution), to (i) give any loan to any person or other body corporate; (ii) give any guarantee or provide any security in connection with a loan to any other body corporate or person and (iii) acquire by way of subscription, purchase or otherwise, the securities of any other body corporate, as they may in their absolute discretion deem beneficial and in the interest of the Company, subject however that the aggregate of the loans and investments so far made in and the amount for which guarantees or securities have so far been provided to all persons or bodies corporate along with the additional investments, loans, guarantees or securities proposed to be made or given or provided by the Company, from time to time, in future, shall not exceed a sum of ` 1000 Crores (Rupees One Thousand Crores only) over and above the limit of 60% of the paid-up share capital, free reserves and securities premium account of the Company or 100% of free reserves and securities premium account of the Company, whichever is more, as prescribed under Section 186 of the Companies Act, 2013.

 

RESOLVED FURTHER THAT the Board of Directors (or a Committee thereof constituted for this purpose) be and is hereby authorized to take all such steps as may be necessary, proper and expedient to give effect to this Resolution.

 

5. Consent for Payment of Remuneration to non - executive directors.

To consider, and if thought fit, to pass, with or without modification(s), the following resolution as a Special Resolution:

 

“RESOLVED THAT pursuant to the provisions of Sections 197 and all other applicable provisions, if any, of the Companies Act, 2013, the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 (including any statutory modification(s) or re-enactment thereof for the time being in force), the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015, as amended, the Remuneration Policy of the Company and the Articles of Association of the Company, the non-executive directors of the Company (i.e. directors other than the Managing Director and / or the Whole-time Directors) be paid, for each financial year, for a period of five years, from the financial year commencing from ………………….., a sum not exceeding one percent per annum of the net profits of the Company computed in the manner laid down in Section 198 of the Companies Act, 2013, or any statutory modification(s) or re-enactment thereof, in addition to the sitting fee and reimbursement of expenses for attending the meetings of the Board of Directors or Committees thereof, as the Board of Directors (which term shall be deemed to include any duly authorised committee thereof for the time being exercising the powers conferred on the Board of Directors by this Resolution) may from time to time determine.”

 

6. Consent for private placement of redeemable nonconvertible debentures

 

To consider, and if thought fit, to pass, with or without modification(s), the following resolution as a Special Resolution:

 

“RESOLVED THAT pursuant to the provisions of Sections 23, 42, 71 and all other applicable provisions, if any, of the Companies Act, 2013, read with the rules made thereunder (including any statutory modification(s) or re-enactment thereof, for the time being in force), and subject to applicable Regulations, Rules and Guidelines prescribed by the Securities and Exchange Board of India, the provisions of the Foreign Exchange Management Act, 1999 and the notifications and regulations made thereunder and subject to the provisions of the Articles of Association of the Company, the consent of the members be and is hereby accorded to the Board of Directors of the Company, for making offer(s) or invitations to subscribe to secured / unsecured redeemable non-convertible debentures, in one or more tranches, aggregating up to Rupees …………………. during the period of one year from the date of this Annual General Meeting, on private placement basis, from such persons and on such terms and conditions as the Board of Directors of the Company may, from time to time, determine and consider proper and most beneficial to the Company including as to when the said debentures be issued, the face value of the Debentures to be issued, the consideration for the issue, coupon rate, redemption period, utilisation of the issue proceeds and all matters connected with or incidental thereto

 

RESOLVED FURTHER THAT the Board be and is hereby authorised to do all such acts, deeds and things and to take all such steps as may be necessary for the purpose of giving effect to this resolution.

 

RESOLVED FURTHER THAT the Board be and is hereby authorised to delegate all or any of the powers herein conferred to any Committee of Directors or any one or more Directors of the Company.”

 

7. Approval for undertaking material related party transactions(s) with ……………………

 

To consider, and if thought fit, to pass, with or without modification(s), the following resolution as an Ordinary Resolution:

 

“RESOLVED THAT subject to the provisions of Section 188 and other applicable provisions, if any, of the Companies Act, 2013 and the rules made thereunder, including the Companies (Meetings of Board and its Powers) Rules, 2014, the Securities and Exchange Board of India (Listing Obligation and Disclosure Requirements) Regulations, 2015, as amended, the Policy on dealing with Related Party Transactions approved by the Company, and the Memorandum and Articles of Association of the Company, the approval of the Members be and is hereby accorded for the Company to enter into contract(s) / agreement(s) and undertake transaction(s) with ……………………….., a related party within the meaning of Section 2(76) of the Companies Act, 2013 and Regulation 2(1)(zb) of the Listing Regulations, for an aggregate value of …………………., over a period of ………….. starting from ………………., for …………………… on such terms and conditions as may be agreed to by the Board of Directors (hereinafter referred to as the “Board” which term shall be deemed to include any Committee(s), which the Board may have constituted or hereafter constitute in this behalf, to exercise the powers conferred on the Board by this resolution), provided however that the transactions so carried out shall at all times be on arm’s length basis and in the ordinary course of the Company’s business in accordance with the provisions of Section 188 and other applicable provisions, if any, of the Companies Act, 2013 and the rules made thereunder.

 

RESOLVED FURTHER THAT the Board be and is hereby authorised to do all such acts, deeds and things and to take all such steps as may be necessary for the purpose of giving effect to this resolution. RESOLVED

 

FURTHER THAT the Board be and is hereby authorised to delegate all or any of the powers herein conferred to any Committee of Directors or any one or more Directors of the Company.”

 

 

Infringement Notice

 

Date: …………………………..

Contact Name: ………………………………….

Address: …………………….line 1…………………………………….

……………………………………line2…………………………………………………

State, Country …………………………………………………….

Zip Code …………………………..

 

OBJECT: TAKEDOWN NOTICE – COPYRIGHT INFRINGEMENT                                    

……………………………………………………………………………………………………………          

Respected ……………..

This is to inform you that ……………..have been notified that your services have allegedly been used to access or download infringing copyright material.

We have not shared any information with you about the notifying party, nor will we unless required by any legal notice or provision to do so. Please be aware that our terms and services have forbidden such activity and this violation shall result in remedial action being taken against your services leading up to even the termination of the same.

If you have any legal questions about this notification, you may consult your own legal counsel. If you have any other queries, kindly contact the undersigned.

The actions taken in this regard will be necessary if a proper and immediate takedown of the infringed material is not brought into adherence as soon as possible.

Sincerely,

…………(owner of the copyright)…………

Address……………………………….

Phone no………………………………

Website………………………………

 

CLARIFICATIONS:

1.      We, (Company name) are the exclusive rights holders and the duly authorized representative of the exclusive rights for title of copyrighted material being infringed upon, and, if possible, additional identifying information such as ISBNs, publication dates, etc — or, if the material is a web page, the URL etc.

 

2.      These exclusive rights are being violated by material available upon your site at the following URL(s)………….. [URLs of infringing material]……

 

3.      I have a good faith belief that the use of this material in such a fashion is not authorized by the copyright holder, the copyright holder’s agent, or the law;

 

4.      Under penalty of …………… in a ……(Court of Law)…………., I state that the information contained in this notification is accurate, and that I am authorized to act on the behalf of the exclusive rights holder for the material in question;

 

5.      I may be contacted by the following methods (include all): [physical address, telephone number, and email address]; I hereby request that you remove or disable access to this material as it appears on your service in as expedient a fashion as possible.

 

Thank you.

Regards,

[your full legal name]

Legal Notice for Recovery of Debt

 

 

 

LEGAL NOTICE FOR RECOVERY OF ADVANCE MONEY

 

Date :26/05/20

To

Sir,

Under instructions from my client Sri xxxxxxx  son of xxxxxxx  residing at Hyderabad.  I hereby serve you with the following notice:

You contracted by executing agreement for xxxxxxx  .   You agreed to perform the mentioned work in favor of my client.

My client has advanced you money on xxxxxxx  , xxxxxxx  /-.  Based on the facts and evidences it is observed the contract is not performed and breached by you to the detriment of my client

Take notice that you are requested to payback the money Rs. xxxxxxx  /- and damages for the loss of business prospects suffered by my client within 15 (fifteen days) at 24% interest rate P.A.  You will be responsible for all costs, risks, responsibilities, expenses and consequences thereof 

In default, we have no option other than lodging police compliant in nearest police station to your residence for criminal cheating and breach and filing civil and criminal suit for Recovery in the competent court.  You are advised to keep a copy of notice to produce in police station and court.

 

ADVOCATE

 

 

Consumer Forum Proceedings under Consumer Protection Act,1986

Legal Aid Service and misusing of section 376 IPC and POCSO Act, 2012

Protection of Women under Labour Law

 

 

 

PROTECTION OF WOMEN UNDER LABOUR LAW

 

 

INTRODUCTION

Women constitute half the population of the society and it is presumed that best creation belong to the women. But it is a harsh reality that women have been ill-treated in every society for ages and India is no exception. Women are deprived of economic resources and are dependent on men for their living.

From the cradle to grave, females are under the clutches of numerous evils such as discriminations, oppressions, violence, within the family, at the work places and in the society. In order to improve the condition of women in India, Legislature enacted the large volume of enactments pertaining to industry or work which contain special provisions for women such as: The Workmen Compensation Act, 1923; Payment of Wages Act, 1936; Factories Act, 1948; Maternity Benefit Act, 1961; Minimum Wages Act, 1948; Employees State Insurance Act 1948 and Pensions Act, 1987; etc.

 

PROVISIONS FOR THE PROTECTION OF WOMEN UNDER LABOUR LAW

Under the Industrial laws the women have been bestowed the special position in the view of their unique characteristics, physically, mentally and biologically. Some of the Acts related to employment were enacted during British period as well as after independence. The main objectives for passing these laws are to enable the women to increase their efficiency, to increase their participation in useful services, to ensure their infant welfare and to provide equal pay for equal work. The important labour legislations covering the women are:

 

1. The Factories Act, 1948

The Factories Act is a part of labour welfare legislations wherein measures have been laid down to be adopted for the health, safety, welfare, working hours, leave and employment of young persons and women. Exclusive provisions for women have also been incorporated in the Act keeping in view their soft and tender personalities.

·         Provisions for welfare of women:

·         Prohibition of employment of women during night hours

·         Prohibition of work in hazardous occupations.

·         Prohibition of employment of women in pressing cotton where a cotton opener is at work

·         Fixation of daily hours of work at nine.

·         Fixation of maximum permissible load.

·         Provision for crèche

In every factory where more than 30 women workers are ordinarily employed, there shall be a suitable room for the use of children under the age of six years of such women.

·         Provision for washing and bathing facilities. The Act provides for separate and adequately screened washing and bathing facilities for women.

·         Provisions for toilets. The factories Act must make it obligatory for any factory owner to maintain an adequate number

·         of latrine and urinals separate for women.

·         Provisions for rest rooms and canteens.

·         Provisions for mandatory benefits.

 

All the above provisions are simultaneously provided under The Plantations labour Act 1951, The Mines Act 1952, The Beedi and Cigar workers (conditions of Employment) Act 1966, The Contract Labour (Regulation and Abolition) Act 1970 and The Interstate Migrant Workmen (Regulation of Employment and condition of services) Act 1979.

 

2. The Employees’ State Insurance Act, 1948

The Employees’ State Insurance Act, one of the most important social legislation in India, it has been enacted to provide for various benefits in different contingencies. Under this Act, insured women workers get sickness benefit, disablement benefit, medical benefit and funeral expenses along with insured men workers. However, in addition to these benefits, insured women workers also get maternity benefit in case of certain contingencies arising out of pregnancy, confinement, miscarriage, sickness arising out of pregnancy, premature birth of child or miscarriage and death. The duration of maternity benefit available to insured women in case of confinement is 12 weeks, of which not more than 6 weeks shall precede the expected date if confinement. The maternity benefit is paid subject to the condition that the insured women do not work for remuneration on the days in respect of which the benefit is paid, In the event of the death of an insured woman, the maternity benefit is payable to her nominee or legal representative for the whole period if the child survives, and if the child also dies, until the death of the child.

The Employees’ State Insurance Act, 1948 provides a scheme under which the employer and the employee must contribute a certain percentage of the monthly wage to the Insurance Corporation that runs dispensaries and hospitals in working class localities. It facilitates both outpatient and in-patient care and freely dispenses medicines and covers hospitalization needs and costs. Leave certificates for health reasons are forwarded to the employer who is obliged to honour them. Employment injury, including occupational disease is compensated according to a schedule of rates proportionate to the extent of injury and loss of earning capacity. Payment, unlike in the Workmen’s Compensation Act, is monthly. Despite the existence of tripartite bodies to supervise the running of the scheme, the entire project has fallen into disrepute due to corruption and inefficiency. Workers in need of genuine medical attention rarely approach this facility though they use it quite liberally to obtain medical leave. There are interesting cases where workers have gone to court seeking exemption from the scheme in order to avail of better facilities available through collective bargaining.

 

3. The Maternity Benefit Act, 1961

Economic dependence of women is what gives rise to their subordination in society today. Hence to remove such subordination and lay the foundation of equality women too must be made economically independent and must take an active role in all sectors of business today. Problem faced by women in the economic sphere of life are mostly relating to unequal wages and discrimination resulting from their biological role in nature of childbearing. To curb such problems and protect the economic rights of women the legislature introduced the Equal Remuneration Act, 1976 and Maternity Benefit Act, 1961.

 

A maternity benefit is one that every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit, which is the amount payable to her at the rate of average daily wages for the period of her actual absence. The Maternity Benefit Act aims to regulate of employment of women in certain establishment for certain periods before and after childbirth and provides for maternity and certain benefits.

 

Women can claim benefits under the act everywhere except in factories and the other establishment where the Employee’s State Insurance Act is applicable. Women who are employed, whether directly or through a contractor, have actually worked in the establishment for a period of at least 80 days during the 12 months are eligible to claim the benefits under this act. Cash benefits to women who are absent from work during the maternity leave, are not be less than two-thirds of her previous earnings.

 

Discharge or dismissal during maternity leave is considered to be void. When pregnant women absents herself from work in accordance with the provision of this act, it shall be unlawful for her employer to discharge or dismiss her during, or on account of, such absence, or give notice of discharge or dismissal in such a day that notice will expire during such absence or vary to her disadvantage any of the conditions of her services. Dismissal or discharge of a pregnant woman shall not disentitle her to the maternity benefit or medical bonus allowable under the act except if it was on some other ground.

 

Failure to pay maternity benefits or discharge or unemployment of woman due to maternity will result in imprisonment of the employer for not less than three months which may extend to one year and a fine of rupees two hundred which may extend to five thousand.

 

In Air India v. Nargesh Mirza [AIR 1981 SC 1829; 1981 (4) SCC 335], the Supreme Court struck down the provision of rules which stipulated termination of service of an air hostess on her first pregnancy as it arbitrary and abhorrent to the notions of a civilized society.

 

The ongoing argument in some circles is that the wage differential between women and men is caused by the need to compensate the higher labour costs employers incur by hiring women, in accordance with special laws to protect maternity. Employers prefer to hire a male instead of female, without the burden of these additional monetary costs. This is however not enough as many employers do not hire married women or dismiss them before pregnancy. The act provides some protection to women economically especially today in an age where single mothers are becoming more prevalent it gives them stability in their lives to have their wages and the security of returning to a steady job. My personal views are that this act is not enough to guarantee women equality and economic security but it is definitely a starting step and though there are several bridges to cross.

 

4. The Equal Remuneration Act, 1976

Equal pay for equal work for women and men is a vital subject of great concern to society in general and employees in particular. There was a common belief that women are physically weak and should be paid less than their male counter parts for the same piece of work. Women all over the world, had till recently been very much in articulate and were prepared to accept lower wages even when they were employed on the same jobs as men. Even in the economically and socially advanced countries where remarkable progress has been made, discrimination still exists. In India, in the initial stages when legislation for the protection of workers was hardly thought of, factory owners taking advantage of the backwardness and poverty, recruited women on a large scale at lower wages and made them work under inhuman condition. International Labour Organization has evolved several conventions to provide protection to employed women. A number of ILO conventions have been ratified by India and some of these though not ratified have been accepted in principle. The principle of ILO has been incorporated in the constitution of India in the form of Article 39, which directs the states to secure equal pay for equal work for both men and women. To give effect to this constitutional provision the parliament enacted the Equal Remuneration Act, 1975.

Under this law, no discrimination is permissible in recruitment and service conditions except where employment of women is prohibited or restricted by the law. The situation regarding enforcement of the provisions of this law is regularly monitored by the Central Ministry of Labour and the Central Advisory Committee.

 

5. The Workmen Compensation Act, 1923

In any industrial society the problem of labour management relations becomes so important that some sort of social insurance becomes necessary to provide adequate protection from losses caused to the labourers by accidents. With a view to improve the condition of the workmen some social insurance legislations have been enacted. The Workmen’s Compensation Act 1923 is one of the earliest pieces of labour legislation, adopted to benefit the labourers. It covers all cases of accident ‘arising out of and in the course of employment’ and the rate of compensation to be paid in a lump sum, is determined by a schedule proportionate to the extent of injury and the loss of earning capacity. The younger the worker and the higher the wage, the greater is the compensation subject to a limit. The amount of compensation payable depends in case of death on the average monthly wages of the deceased workman and in case of an injured workman both on the average monthly wages and the nature of disablement. The Act intended to ensure the rehabilitation of the workman himself or of his dependent. The dependent can claim compensation in both cases i.e. death or injury. This law applies to the unorganised sectors and to those in the organised sectors who are not covered by the Employees State Insurance Act, 1948 which is conceptually considered to be superior to the Workmen’s Compensation Act.

 

6. The Minimum Wages Act, 1948

The minimum wages Act was passed for the welfare of labours. This Act has been enacted to secure the welfare of the workers in a competitive market by providing for a minimum limit of wages in certain employments. The Act provides for fixation by the central government of minimum wages for employments detailed in the schedule of the Act and carried on by or under the authority of the central government, by railway administrative or in relation to a mine, oilfield or major port, or any corporation established by a central Act, and by the state government for other employments covered by the schedule of the Act. The object of this Act is to prevent exploitation of the workers and for this purpose it aims at fixation of minimum wages which employer must pay.

 

The Act contemplates that minimum wages rates must ensure not only the mere physical need of the worker which would keep him just above starvation but must ensure for him not only his subsistence and that of his family but also preserve his efficiency as a worker. It would therefore, provide not merely for the bare subsistence of his life but the preservation of the workers and so must provide for some measure of education, medical requirements and amenities.

 

7. National Rural Employment Guarantee Act, 2005

Recently, the Government of India enacted National Rural Employment Guarantee Act whereby anyone who is willing to provide manual unskilled labour will be offered wage employment for 100 days. This Act provides the enhancement of the livelihood security of the households in rural areas of the country by providing at least one hundred days of guaranteed wage employment in every financial year to every household whose adult members volunteer to do unskilled manual work.

 

Priority is given to women in the allocation of work. Gender equality is one of the core elements of this poverty reduction plan which stipulates that at least one third of the labour force should be women with equal wages for both men and women. Various gender related objectives such as provision of hygienic work environments, safe drinking water, and childcare facilities at the work-site, distance of work-place not exceeding two miles from home, health care and nutrition are emphasized.

 

Women engaged in agricultural farming have to spend long hours under the hot sun but are invariably paid less than their male counterparts. Women’s participation in the labour force with no wage discrimination and direct control of resources and assets can substantially enhance her health, child welfare and socioeconomic status. This employment policy if properly implemented can certainly bring momentous changes in the lives of women.

 

The employment scheme undoubtedly has a positive impact on gender equity and power equation within the household. An alternative model of development must focus on the enhancement of living standards of rural India where majority of the population resides.

 

8. The Contract Labour (Regulation & Abolition) Act, 1970

Provisions of crèches were made where twenty or more women are ordinarily employed as contract labour. Female contract labour is to be employed by any contractor between 6.00 A.M. and 7.00 P.M. only with the exception of mid-wives and nurses in hospitals and dispensaries.

 

PRESENT STATUS OF WOMEN AT WORK

1) Participation of women in the workforce in 2008 is only:

·         19.7% in the urban sector, and

·         37.6% in the rural sector.

2) Women’s wage rates are, on an average:

·         only 75 % of men’s wage rates, and

·         constitute only 25% of the family income

     3) In no Indian State do women and men earn equal wages in agriculture.