Amendments to welfare schemes for manual workers, 2011
The Government of Tamil Nadu published Tamil Nadu Government Gazette Extraordinary No. 88, Part II, Section 2, on 1st March 2011, carrying Labour and Employment Department notifications including G.O. Ms. No. 34, G.O. Ms. No. 35 and G.O. Ms. No. 36, all dated 28th February 2011. These notifications amend the Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994, and several Tamil Nadu Manual Workers social security and welfare schemes, mainly by changing accident reporting rules, pension eligibility, and by removing certain form items and listed items in specified clauses.
What this gazette contains
Tamil Nadu Government Gazette Extraordinary No. 88, published by the Government of Tamil Nadu on 1st March 2011, contains Labour and Employment Department notifications issued under the Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982. The notifications are G.O. Ms. No. 34, Labour and Employment (I-2), 28th February 2011, G.O. Ms. No. 35, Labour and Employment (I-2), 28th February 2011, and G.O. Ms. No. 36, Labour and Employment (I-2), 28th February 2011.
What schemes are changed
The notifications amend the Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994, and several Social Security and Welfare Schemes, 2006, including schemes for:
- construction workers
- auto rickshaws and taxi drivers
- washermen
- hairdressers
- tailoring workers
- handicraft workers
- palm-tree workers
- footwear and leather goods manufactory and tannery workers
- handloom and handloom silk weaving workers
Key changes for construction workers
G.O. Ms. No. 34 changes clause 11 of the Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994.
- In the explanation under sub-clause (1), the words "or death" are omitted in one place and inserted after the words "course of his employment".
- In sub-clause (3), item (a) is replaced.
- If an accident during employment results in death, loss of limbs or loss of sight, the employer must send a report in Form B in Schedule II to the Labour Officer (Social Security Scheme) of the respective district and to the Police within three days.
- In other cases, the accident report may be sent by the injured worker, the nominee of the deceased worker, or a representative of the trade union concerned.
- The Labour Officer (Social Security Scheme) of the respective district must investigate the accident at the workplace based on such report.
- In item (c), the words "arising out of and in the course of employment" are omitted.
Other construction scheme changes
G.O. Ms. No. 35 removes item (a) from sub-clause (2) in clause 15, clause 16, clause 17, and from sub-clause (4) in clause 17-A of the Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994.
Pension eligibility changes across schemes
G.O. Ms. No. 36 changes pension eligibility in the Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994, and in multiple 2006 welfare schemes.
- Every registered manual worker who has completed 60 years of age is eligible for pension.
- A registered worker below 60 years of age is also eligible for pension if he has become disabled due to sickness and is incapacitated from normal work.
- The notifications also omit item 5 from the relevant pension forms, including Form CC, Form VIII, Form VIII-A, Form IX and Form IX-A, depending on the scheme.
Who this affects
These notifications matter to registered manual workers covered by the listed welfare schemes, their nominees, employers in the construction sector, trade unions, and Labour Officers handling accident reports and pension claims.
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Common questions
Does this gazette change pension eligibility for registered manual workers?
Yes. The notifications state that every registered manual worker who has completed 60 years of age is eligible for pension. They also state that a registered worker below 60 years of age is eligible if he has become disabled due to sickness and is incapacitated from normal work.
What must a construction employer do after a fatal accident or an accident causing loss of limbs or sight?
Under G.O. Ms. No. 34, Labour and Employment (I-2), 28th February 2011, the employer must send a report in Form B in Schedule II to the Labour Officer (Social Security Scheme) of the respective district and to the Police within three days of the accident.
Can someone other than the employer report a construction accident?
Yes. In cases other than accidents resulting in death, loss of limbs or loss of sight, the report may be sent by the injured worker, the nominee of the deceased worker, or a representative of the trade union of the employment concerned.
Are any forms changed by these notifications?
Yes. The notifications omit item 5 from Form CC in the construction workers scheme, and from Form VIII, Form VIII-A, Form IX and Form IX-A in the relevant 2006 social security and welfare schemes.
