Questions in Parliament Debates & Speeches Private Member’s Bills Parliamentary Committees Other interventions
THE DOMESTIC WORKERS' WELFARE BILL, 2016
05/August/2016

AS INTRODUCED IN LOK SABHA

 Bill No. 204 of 2016

THE DOMESTIC WORKERS' WELFARE BILL, 2016

 By Dr. Shashi Tharoor, M.P.

 ARRANGEMENT OF CLAUSES

CLAUSES CHAPTER I

PRELIMINARY

  1. Short title, extent and commencement
  2. Definitions

 CHAPTER II RIGHTS OF DOMESTIC WORKERS

  1. Rights of domestic workers
  2. Application of certain Acts to domestic workers CHAPTER III REGULATION OF WORKING CONDITIONS
  3. Fixation of minimum rate of wages
  4. Regulation of work hours
  5. Paid Leaves
  6. Compensation and injury
  7. Regulation by the Central Government
  8. Advise by National Board and State Boards
  9. Duties of the employer and Placement Agency
  10. Prohibition of employment of a child

CHAPTER IV REGISTRATION

  1. Appropriate Government to prescribe the terms and conditions of registration of domestic workers
  2. Registration of employment agreement
  3. Registration of Placement Agencies CHAPTER V DISTRICT BOARDS
  4. District Boards
  5. Functions of the Board
  6. Powers of the District Board
  7. Reference of disputes
  8. Rules of evidence

 CHAPTER VI PENALTY AND PROCEDURE CLAUSES

  1. Offences and penalties
  2. Cognizance of offences
  3. Limitation of prosecutions
  4. Certain Contracts and Agreements to be void CHAPTER VII MISCELLANEOUS
  5. Central Government to provide adequate funds
  6. Effect of laws and agreements inconsistent with the Act
  7. Protection of action taken under Act
  8. Power to remove difficulties
  9. Power of the Appropriate Government to make rules THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. (ii) 1 Short title, extent and commencement. Bill No. 204 of 2016 Definitions.

THE DOMESTIC WORKERS’ WELFARE BILL, 2016

By DR. SHASHI THAROOR, M.P.

A BILL to provide for the welfare, protection and security of domestic workers and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:—

CHAPTER I PRELIMINARY 1.

  • This Act may be called the Domestic Workers' Welfare Act, 2016. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In this Act unless the context otherwise requires,— (a) 'appropriate Government' means in the case of a State or a Union Territory having legislature, the concerned State Government or the Union Territory Government, as the case may be, and in all other cases, the Central Government; (b) 'child' means a person who has not attained the age of eighteen years; 5 10
  • AS INTRODUCED IN LOK SABHA 2 (c) 'District Board' means the district board constituted under section 16; (d) 'domestic work' means work performed in or for a private household(s) and includes cooking, cleaning, housekeeping, driving, gardening, childcare, and old-age care, but does not include work related to businesses run from private households; (e) 'domestic worker' means a person employed to do domestic work for remuneration, whether in cash or in kind, for one or more employers by staying at the household premises or otherwise and includes casual, temporary, contractual, or migrant workers; (f) 'employer' means a person living in a private household, who has employed a domestic worker, either directly or otherwise for remuneration for doing domestic work; (g) 'minor domestic worker' means a domestic worker who is above the age of sixteen years but below the age of eighteen years and has completed compulsory elementary education; (h) 'National Board' means the National Social Security Board for unorganised workers constituted under section 5 of the Unorganised Workers' Social Security Act, 2008; (i) 'placement agency' means any agency or bureau or contractor or person(s) or association, whether registered or otherwise, engaged in the placement of domestic workers with prospective employers and includes such agency or person offering such services through any print, electronic or any form of communication; (j) 'prescribed' means prescribed by rules made under this Act; (k) 'schedule' means the schedule annexed to this Act; (l) 'State Board' means the (name of the State) State Social Security Board for unorganised workers constituted under section 6 of the Unorganised Workers' Social Security Act, 2008; (m) 'wages' means all remunerations expressed in terms of money or capable of being so expressed which would be payable to a domestic worker in respect of domestic work done but does not include— (i) the value of any house accommodation, supply of light, water, medical attendance, or any other amenity; (ii) any contribution paid by the employer under any scheme of social insurance and the interest which may have accrued thereon; (iii) any travelling allowance or the value of any travelling concession; (iv) any sum paid to the domestic worker to defray special expenses entailed on him by the nature of his/her employment; and (v) any compensation paid on discharge; (n) 'workplace' means any household where a domestic worker works; and (o) 'work hou

    Source: http://164.100.47.4/billstexts/LSBillTexts/AsIntroduced/1573.pdf
    Link to the video: