Dr.
Ambedkar as Member of the Governor-Generals Executive Council
________________________________________________________________
Contents
PART
IV
46.
The Factories (Second Amendment) Bill
47.
The Mines Maternity Benefit (Amendment)
Bill
48.
Health Insurance for Industrial Workers
49.
War Work of National Service Labour
Tribunals
50.
Multi-purpose Development of Damodar
Valley
51.
Housing of India's Industrial Workers
52.
State's obligations to Labour
53.
Multi-purpose Plan for development of
Orissa's rivers
54.
Rejection of Railwaymen's Federation
Demands
55.
Proposed evacuation of villages in the
prosecution of the Damodar Scheme
56.
Workmen's Compensation (Amendment) Bill
57.
Indian Mines (Amendment) Bill
58.
Factories (Amendment) Bill
60.
Welfare and Social Security of Workers
61.
Muslims have fared much better in
Labour Department
63.
Strike by workers of Government of
India Press
64.
Factories (Amendment) Bill
65.
Mica Mines Labour Welfare Fund Bill
66.
Industrial Employment (Standing Orders) Bill
67.
Mica Mines Labour Welfare Fund Bill
68.
Miscellaneous
46
[f.1]
The Factories (Second Amendment) Bill
The
Honourable Dr. B. R. Ambedkar
(Labour Member) : Sir, I move:
"
That the Bill further to amend the Factories Act, 1934, as reported by the Select
Committee, be taken into consideration ".
Sir,
the report of the Select Committee has been before the House for quite a long time. I have
no doubt that Honourable Members who take interest in this subject have read and digested
what the Select Committee has to say. I will therefore do no more than to draw attention
of the House to some of the fundamental changes which the Select Committee has made in the
Bill as introduced by me. Sir, the select Committee has altogether made five important and
fundamental changes. The first change that the Select Committee has made is to save the
rights to any holidays with pay that might accrue to a workman, otherwise than under the
Act, such as holidays that may be permissible under other enactments or holidays that may
be permissible under an award or an agreement or a contract of service. That provision did
not exist in the original Bill. But it has now been introduced by the addition of
sub-clause (2) to section 49-A. The second change which the select committee has made is
to extend the benefit of the holidays with pay to children which again was not found in
the original Bill as it was introduced to this House. Not only the Select Committee has
extended the provisions of the Bill to a child but the holidays themselves have been
extended in number. For a workman the holidays are only seven days. But to a child, the
holidays shall be 14 days. Honourable members will find that in the new amendment to
section 49-B. Then, Sir, the House will remember that when the Bill was introduced it did
not contain any provisions to cover cases of workman who was discharged before he had
earned his holiday or had resigned his post and therefore did not get his holiday. I said
that that was a matter which might be left to be subsequently decided in such a manner as
we thought best. The Select Committee thought that it was so important a case that
provision ought to be introduced in the Bill and accordingly a new provision has been
introduced.
Another
new principle which has been introduced in the Bill is the power given to the Inspector to
act on behalf of a worker who has not been able to get his holidays or has not been able
to get the pay which he is entitled to obtain as a result of the holiday. The Select
Committee realised that it was no use leaving the worker to his resources in order to
prosecute his employer either criminally or civilly in order to secuer the benefit which
the Act gives him and which the employer has failed to give him. Therefore it was the duty
of the State to take upon itself the responsibility of seeing that these benefits were
secured to the workmen. This has now been done by the conferment of the power on the
Inspector to act on behalf of a worker.
Another
important change which has been made by the select Committee is with regard to the making
of the rules. Honourable members will recollect that in the original Bill, the power for
making rules under the Act in order to give effect to the provisions was left to the
provinces. Now, it was felt in the Select Committee that if the rule-making power was left
to the provinces the different provinces might make different set of rules, and
consequently there might be variety of provisions under the same Act. That undoubtedly
would have very serious consequences on the different industries. One industry in one
province may be subjected to one set of rules, a similar industry in another province may
be subjected to a different set of rules and it would introduce a very undesirable element
in the competitive character of the industry taking India as a whole. The Select Committee
therefore recommended that the Government of India should have the authority to give
directions to the provinces in the matter of making rules so that the desire or the object
of securing uniformity in these rules would be achieved. These are. Sir, some of the
fundamental principles which have been incorporated in the Bill as a result of the
deliberations in the Select Committee. The rest of the provisions are more or less as they
were in the original Bill and call for no comment. Sir, I move.
Mr. Deputy
President (Mr. Akhil Chandara Datta) : Motion moved.
"
That the Bill further to amend the Factories Act, 1934, as reported by the Select
Committee, be taken into consideration."
*
*
*
[f.2]
The Honourable Dr. B. R. Ambedkar: I do not
think it is necessary for me to deal with each and every point that has been raised by
Honourable Members who have spoken on this motion, particularly because I find that every
point which has been made by honourable Members is covered by an amendment. Consequently
there will be a duplication of debate, which I do not propose to undertake. I will say
what I have to say on the various points when the appropriate amendments are moved.
*
*
*
[f.3]
The Honourable Dr. B. R. Ambedkar : Sir, I am
afraid it is not possible for me to accept either of the amendments which have been
proposed by Mr. Joshi or Prof. Ranga. I quite understand that a workman who has put in the
requisite amount of service should be entitled to get his holidays irrespective of the
consideration as to whether he has served one employer or more than one employer. But two
facts have to be taken into consideration.The first is the question of administrative
feasibility. I am quite satisfied that unless we have a sort of an insurance system where
the payments to be made by employers are de-personalised and fastened upon some fund, it
would not be possible to work the provisions, if I were to accept the amendments proposed
by my Honourable friends. If, for instance, a scheme of health insurance were to come into
operation, than we would have the basis of a system of cards, stamps and the other
administrative machinery for insurance purposes, and then an amendment of the sort which
has been moved would be possible to accept. But for the present, I am sorry to say that I
cannot sec any way to accept this amendment.
I
should also like to submit that it was the desire of the House or of the Select Committee
that a date should be fixed lor the Bill to come into force. As my Honourable friends will
recall, we had in the original Bill left the dale for the operation of the Bill to the
Provincial Governments. But we have departed from that procedure and we have now accepted
the principle that this Bill itself should lay down the date on which it shall come into
force ; and the date as fixed in the Bill is the first day of January 1946. It is
therefore quite clear that all administrative machinery that is necessary for the giving
effect to this Bill must be brought into being within or before the 1st January, 1946 ;
and I must confess my utter inability to comprehend the possibility either of the
Government of India or of the Provincial Governments being in a position to set into
operation the machinery that would be necessary to give effect to the provisions contained
in the two amendments. As I said, I' have sympathy but the administrative difficulties are
so great that I must at this stage oppose the amendment.
Prof.
N. G. Ranga : May
I make one suggestion, if it is agreeable to the Government-not otherwise ? In the first
line, suppose we drop the words " or different managements " in the amendment
proposed and merely say " or factories belonging to the same management " ?
The Honourable Dr. B. R. Ambedkar :
I find difficulty in all that : I have paid attention to that.
[f.4]
The Honourable Dr. B. R. Ambedkar
(Labour Member) : Mr. President, I am not sure that those who have moved this amendment
and supported it have much justification on their side. We always take as our standard
measure the Conventions passed at the International Labour Conferences and the Honourable
House will remember that the International Labour Conference in 1936, when it took up this
question, fixed six days as the measure of holidays that ought to be allowed. Looking at
the subject from that point of view, I am not prepared to accept nor can anybody say that
the Bill as introduced falls short of the standard prescribed by the International Labour
Conference. On my side I must also mention another difficulty. The Honourable House will
remember that this subject of labour legislation falls in the field of Concurrent
Legislation. The administrative responsibility for carrying out these measures entirely
falls on the Provincial Governments, in which the executive authority for administration
is vested by the Constitution. Having regard to that, there has been established a
convention, viz., that as far as this Concurrent field of legislation goes, whatever
measures are introduced, should have more or less the concurrence of the Provincial
Governments. And I would like to tell the House that the period that is fixed in the Bill
was fixed after consultation with the provinces. However, I am prepared to accept the
amendment and I would very much like to state the reason which has prevailed upon me in
order to accept this amendment. The reason which has prevailed upon me is the geographical
reason. I realise that the centres of industry and the centres of population are very
vastly divided by long distances. A factory is situated in Bombay, the labourer lives
either in the U. P. or C. P. and has to travel long distances in order to employ himself
in a useful occupation. Having regard to this circumstances, viz., that he has to travel
long distances, I think that perhaps a small departure may be made from the original
proposal that stands in the Bill. It is therefore on that ground that I am prepared to
accept this amendment. At the same time, I must stipulate one other condition. I find that
there is another amendment standing in the name of Prof. Ranga and Mrs. Subbarayan, the
object of which is to reintroduce the words " at least ", which were omitted by
the Select Committee. Now, the introduction of these words " at least " would
create disharmony and I must say that I regard uniformity of principle in a matter of this
kind to be of fundamental importance and my position therefore is that if those who have
tabled this amendment will agree to drop it. I on my part, am prepared to accept the
amendment for ten days.
Prof.
N. G. Ranga
(Guntur cum Nellore: Non-Muhammedan Rural) : We are prepared to drop the other amendment,
for the present.
Mr.
President (The
Honourable Sir Abdur Rahim) : You are not going to press the motion ?
Prof.
N. G. Ranga :
Not the other amendment. Sir. Mr. President (The Honourable Sir Abdur Rahim): The question
is:
"
That in clause 3 of the Bill, in sub-sections (1) and (2) of the proposed section 49B for
the word ' seven ' the word ' ten ' be inserted ".
The
motion was adopted.
The
Honourable Dr. B. R. Ambedkar :
There has to be one consequential amendment that in sub-clause (2) the word ' ten ' shall
be substituted for ' seven '.
Mr.
President
(The Honourable Sir Abdur Rahim) : I think the Honourable Member would do well to put down
a proper amendment. That, I think, can be done afterwards.
The
Honourable Dr. B. R. Ambedkar :
At the end of sub-section (2) in the last line, the word ' ten ' shall be substituted for
' seven '.
Mr. President
(The Honourable Sir Abdur Rahim) : I think there ought to be a formal amendment.
*
*
*
[f.5]
The Honourable Dr. B. R. Ambedkar:
Sir, I regret I cannot accept this amendment. My Honourable friend, Mr. Inskip, stated
that there was no definition of sickness. I wish we could define sickness ; I have
searehed for a definition in the Health Insurance Act, and I find that there is no
definition of sickness for the simple reason that sickness cannot be defined. It is a
matter of certification. If a medical person says that a certain person is sick, then
everybody has got to accept that definition. If my Honourable friend's contention was that
certificate should be defined in a proper manner, I could have understood his complaint.
But on that ground I submit he has no ground for complaint, because we propose to make
rules in which persons who will have the authority to certify will be properly laid down :
their qualifications will be prescribed. Consequently the fear that doctors who have no
practice and who generally live on giving false certificates will find no place in this,
because the rules, I hope, will be so framed that that sort of contingency will be
altogether eliminated. The difficulty I find in accepting this amendment is this: my
Honourable friend says that certificates should not suffice for sickness but that the
employer should be allowed to sit in judgement, even when a certificate has been obtained,
whether, notwithstanding the certificate, he would grant leave or he would not grant
leave. I must say that that is a position to which Government cannot be a party.
Government cannot allow an employer to say that notwithstanding the certificate given by a
doctor whose qualifications are in accordance with the rules we have made, it must still
be left a matter for the employer to decide. I think that would be placing too much
authority in the hands of the employers ; and for this reason I am not disposed to accept
this amendment.
Another
thing my Honourable friend remarked is this, that we have fixed a limit of ninety days for
all the three contingencies-sickness, accident and authorised leave. Consequently in
practice any malingering on the part of the employee cannot be carried on indefinitely;
because for the three contingencies we have fixed a limit of ninety days ; and if the
limit of ninety days is exceeded, then he automatically becomes disqualified for getting
the benefit under the Act. Having regard to these circumstances, I must oppose this
amendment.
Mr.
President
(The Honourable Sir Abdur Rahim): The question is:
"
That in clause 3 of the Bill, in the Explanation at the end of the proposed section 49B
for the words ' sickness, accident or authorised leave ' the words ' authorised leave
granted on account of sickness, accident or for compassionate reasons ' be
substituted."
The
motion was negatived.
47
[f.6]
Mines Maternity Benefit (Amendment) Bill
The
Honourable Dr. B. R. Ambedkar
( Labour Member) : Sir, I Move :
"
That the Bill further to amend the Mines Maternity Benefit Act, 1941, as reported by the
Select Committee, be taken into consideration."
Sir,
the Bill, I must admit, has been considerably modified by the Select Committee. In view of
that it is only proper that I should call the attention of the house to some of the
important changes in the Bill which have been made by the Select Committee.
(At
this stage, Mr. President (The honourable Sir Abdur Rahim) resumed the Chair.
The
first change which the Select Committee has made is with regard to the period of
prohibition of pregnant women on women working
under-ground. The original Bill had provided that the prohibition should operate lor ten
weeks before confinement and for four weeks after confinement. The Select Committee has
made no change in the period originally proposed, for prohibition before confinement. But
with regard to the period of prohibition after confinement, the changes they have made are
somewhat extensive. In the first place, the period of prohibition is extended from four
weeks to thirty-six weeks. This period of thirty-six weeks is broken up into two parts :
There is a period of complete prohibition which is followed by a period of partial
prohibition. The period of complete prohibition, is extended by the Select Committee from
four weeks to twenty-six weeks. The period of partial prohibition covers ten weeks. The
period of partial prohibition is again made subject to two different prescriptions
dependent upon the existence or non-existence of a creehe. During the period of partial
prohibition, a woman is not to work underground for more than four hours if there is no
creche, and, secondly, she is not to work underground for more than four hours at any time even if there is a creche. These are the changes
made by the Select Committee with regard to the period of prohibition on work underground.
Coming
to the question of maternity benefits to be paid to a woman working underground, the
Select Committee has made the following changes; Originally the Bill had laid down two
conditions which a woman working underground was required to satisfy before she became
entitled to maternity benefit. Those conditions were, firstly, a minimum period of work
extending to six months in a mine before confinement, and the second condition was minimum
of 90 days work underground during such period of six months. The Select Committee has
removed the first condition, namely the requisite period of six months of service in a
mine, so that under the amended Bill all that a woman need do is to satisfy the condition
of having worked for ninety days underground within the period of six months prior to
delivery and she becomes entitled to maternity benefit.
The
Select Committee has also made certain amendments with regard to the period of benefit. In
the original Bill, the period of benefit was ten weeks before confinement and four weeks
after confinement. The select Committee has changed the period of benefit after
confinement from four weeks to six weeks. Similarly changes have been made in the amount
of benefit. Originally the amount of benefit was eight annas per day. The select Committee
lias changed it to six rupees a week, which is a little less than fourteen annas a day.
Then the whole of the period of benefit is now declared to be a period of authorised
leave, so that during this period an employer is not entitled to dismiss a woman who comes
under the present Bill.
Another
important provision made by the Select Committee is to require that the medical
examination of a woman entitled to benefit shall be by a woman doctor if the woman demands
it, a provision which did not exist in the original Bill. I might also draw the attention
of the House to the fact that during this period of thirty-six weeks of prohibition on
work underground, a woman is free to work otherwise than on work underground during a
period of thirty-two weeks and supplement her earnings, which was not provided in the
original Bill. The only period during which she will not be free to work is four weeks
after delivery. So that under the Amendment Bill, a woman is not only entitled to get the
maternity benefit of a woman working on the surface from eight to twelve annas. That is to
say, she has also got an increase of fifty per cent over the previous benefit, admissible
to her under the original Act.
These
are some of the important changes which the Select Committee has made. As I have said the
Bill has been very considerably altered by the Select Committee. All the same. Government
do not propose to raise any difficulty with regard to the amendments and having regard to
the peculiar circumstances of the case they are quite prepared to accept the Bill as
amended by the Select Committee. Sir, I move: Mr. President (The Honourable Sir Abdur
Rahim) : Motion moved :
"
That the Bill further to amend the Mines Maternity Benefit Act, 1941, as reported by the
Select Committee, be taken into consideration."
48
[f.7]
Health Insurance for Industrial
Workers
Standing
Labour Committee Discuss Adarkar Report
Prof.
Adarkar's Report on Health Insurance for Industrial Workers in India was discussed at the
sixth meeting of the Standing Labour Committee which concluded in New Delhi on March 17.
The Hon'ble Dr. B. R. Ambedkar, Labour Member, Government of India, presided. Mr. Stack
and Mr. Rao of the I.L.O. also attended the meeting as visitors, and some comments made by
them on the scheme were circulated.
The
delegates, including those representing employers and workers, warmly appreciated Prof.
Adarkar's Report and expressed their respective views on questions relating to medical and
cash benefits, the qualifying or waiting periods, the type of treatment, medical
organisation and Slate contribution. A number of delegates emphasised the importance of
going ahead with the scheme as early as possible, and there was general agreement that in
order to secure the benefits resulting from broadening the basis of the scheme it was
advisable to extend its scope to all organised industries and perennial factories.
Maternity
Benefits
It
was also agreed that the Centre should go ahead with the preparation of a scheme, and, if
they found it possible to do so, they should include in this scheme maternity benefits and
workmen's compensation. After the scheme was prepared, the Centre should consult provinces
and the Employers' and Workers' Organisations and, after consideration of their replies,
should introduce a Bill in the Legislative Assembly.
Another
item on the agenda for the meeting was a proposal to change the constitution and functions
of the Tripartite Labour Conference and the Standing Labour Committee with a view to
classify these functions in two lists, one dealing with general subjects such as terms and
conditions of employment, labour legislation, social security, etc., and the other with
concrete questions relating to labour welfare and administration of labour laws.
In
the memorandum placed before the Committee it
was suggested that a Labour Welfare Committee should be set up to deal with functions in
the second list, 'the intention being to secure through this Committee a body which would
deal with the actual problems arising in the various industries, and to bring into such
committee representatives of various important industries. The Labour Conference and its
Standing Labour Committee should confine themselves to terms and conditions of employment,
labour legislation, social security, etc., looked at on broad lines and from an all-India
stand point. It was agreed that a sub-committee should be appointed to examine these
proposals.
49
[f.8]
War Work of National Service
Labour
Tribunals
Dr.
B. R. Ambedkar's Tribute
"
At a time when the war was going none too well, when India herself was threatened with
invasion, we were confronted with a serious bottlneck in the supply of technical personnel
urgently required for the fighting Services and our war industries. The National Service
Labour Tribunals were set up under the stress of urgency. Technical man-power had to be
mobilised with the utmost speed and because of our lack of experience our plans had
necessarily to be somewhat hazy.. The task was frought with difficulties but its
accomplishment is a great tribute to your efforts."
Thus
observed the Hon'ble Dr. B. R. Ambedkar, Labour Member, Government of India, in his
address to the Chairmen of National Service Labour Tribunals, who assembled in Simla on
April 19 to discuss questions relating to technical training scheme, the National Service
(Technical Personnel) Ordinance, and Employment Exchanges.
Continuing,
the Labour Member said : The Tribunals have directed nearly 15,000 technicians into
national service. They have also exercised effective control over the movement of
technical personnel. It was necessary to ask workmen to take up employment away from their
homes or to prevent them from bettering their prospects by seeking employment elsewhere.
In the United Kingdom such action is comparatively easy because conditions of employment
are more or less standardised and the Ministry of Labour and National Service have a vast
welfare organisation to watch the interests of a conscripted worker especially when he is
required to go away from his home. The Tribunals in India were, however, placed in
different circumstances, and on the whole it may be said that they have exercised their
powers with commendable tact and restraint to the great advantage of the war effort but
without undue disregard to the interests of the workers.
There
have been employers who have complained that the Tribunals have been unduly soft to the
workers. On the other hand, there have been complaints that the Tribunals have been unduly
harsh towards the workers. I have never tried to discourage these complaints either from
employers or workers because I have always believed that the careful consideration of
complaints will enable Government to prescribe the right course of action. You will find
therefore that on the one hand we are suggesting the tightening of control over the drift
of labour regarding which there are still serious complaints in Calcutta. On the other
hand, we are also requiring Tribunals to give closer attention to the conditions of
employment of workers who are directed into national service or prevented from bettering
their employment.
Control
With Justice
I
do not propose to enter into any of the details of the suggestions which will come for
consideration in the subsequent meeting but I should like to impress upon you the fact
that the war has imposed a very heavy strain upon the workers and that if we have, on
account of the war, to impose a further sacrifice upon them, we should ensure that this is
not done arbitrarily. Whatever the pressure from employers, the war emergency should not
be the occasion for deteriorating labour conditions or lowering the dignity of labour.
In
the United Kingdom vast powers are vested in the minister of Labour and National Service
but they are powers which can be exercised to an equal extent in both directions i.e.,
against the employer as much as against the worker. These powers have been used to bring
employers and workers together so that there may be greater collaboration between them. It
is this spirit of co-operation which I should like to sec inculcated in India and I am
sure that it can be done if we exercise control with firmness but with full justice.
There
is one other aspect of the work of the National Service Labour Tribunals that deserves
notice. The recruitment for our training schemes in India and the United Kingdom has been
entrusted to them and I should like to express my sincere appreciation of the care with
which this task has been undertaken. But for this our training schemes could not have been
a success.
In
the case of the Bevin Training Scheme I know that the Ministry of Labour and National
Service were particularly impressed by the excellent selection of the trainees who were
sent to the United Kingdom. No doubt there were some black sheep among the Bevin trainees
but considering the numbers that have been sent, we may congratulate ourselves that they
were so very few in regard to whom it cannot be said that the time and money spent on
their training was wasted. On the other hand, most of the returned Bevin trainees will
undoubtedly be of great help in raising the standard of our skilled workers. They have
also brought back with them the unique experience of a nation fully mobilised for total
war. What can a country not achieve when it is thus organised and why should these
achievements be confined to war alone ? Can we not extend them to the peace that we hope
will follow shortly.
Resettlement
Machinery
This
brings me to the post-war issues which will confront us in no less bewildering a manner
than the issues of war. The first and most importnt problem will be the resettlement of
demobilised personnel and here I am thinking not only of the fighting Services but also of
the large body of industrial workers engaged in war factories. No Government can leave the
demobilised ex-service personnel and workers in war industries to their own fate during
the transition from war to peace. Resettlement is a civil responsibility and Government
have decided that it will fall on the Labour Department. Our resettlement proposals will
be discussed with you. In the machinery that we hope to set up, the Chairman of the
National Service Labour Tribunals will be called upon to play a very important part.
The
problem of resettlement is one which has to be tackled by the Centre and the Provinces in
the closest co-operation. In the Provinces the Chairman will be the head of the regional
organisation. It will be his duly to maintain the closest contact with tlic organisation
at the Centre and with the Departments of the Provincial Governments. Your duties will
call for the highest degree of tact, energy and enterprise. I hope that in the discharge
of these duties your contribution will be no less than in wartime.
Efficient
Employment Service
I
need not enter into the details of our resettlement organisation but I should like to
emphasise that in addition to a very necessary service for ex-service demobilised
personnel, the main purpose of the organisation that we propose to set up is to lay the
foundation of an efficient employment service in this country. The important feature of
such a service is a co-ordinated system of Employment Exchanges. We have already set up a
few of these Exchanges some of which have shown good results but it is clear that we must
organise this machinery on a sounder basis. We require above all trained staff to run the
Exchanges and suitable buildings to which workers and employers can come. In both respects
our existing Exchanges have started with a very considerable handicap. So far as staff is
concerned, we are proposing to inaugurate very shortly a training scheme for Managers and
Assistant Managers. We hope that this training will enable newer Exchanges to be built up
on the right lines.
The
resettlement organisation will also have to concern itself with the training and
re-conditioning of demobilised personnel and their welfare (follow-up) and will have to
watcli their interests in the new employment. Provision has also been made for publicity
and canvassing. The details of the organisation will come before you for consideration and
we shall also await suggestions from Provincial Governments.
Task
Of Great Magnitude
What
is very important is that you, Gentlemen, should on your return to the Provinces discuss
these proposals with the representatives of Provincial Governments and interest them in
our scheme. We would like to avoid any misunderstanding as to its scope. If there are
diffiiculties which you cannot resolve, we hope you will bring them to our notice and give
us your own suggestions as to how they can be overcome. We have undertaken a task of great
complexity and magnitude. We must therefore work together bearing in mind the higher
interests that we have to serve.
I
have taken much of your time and now, Gentlemen, before leaving you to your lobours, I
shouild like to wish you good speed and good luck.
*
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*
[f.9]APPOINTMENT
OF REGIONAL LABOUR COMMISSIONERS
Three
Regional Labour CommissionersMr. D. G. Jadhav, Dr. Seth and Mr. Abu Talibhave
been appointed by the Central Government at Bombay, Calcutta and Lahore respectively for
administering their new machinery which has been set up to deal with industrial relations
in industries and undertakings in the " central sphere." The organisation is
under Mr. S. C. Joshi, the Central Government's Chief Labour Commissioner at the
headquarters.
The
new set-up also includes a Deputy Labour Commissioner at New Delhi, 9 Conciliation
Officers and 24 Labour Inspectors (Central) located at various centres throughout India,
and one Central Inspector of industrial canteens.
Industries
falling in the " central sphere " are (1) all industrial establishments owned or
controlled by the Government of India ; (2) Federal railways; (3) mines and oilfields and
(4) major ports.
50
[f.10]
Multi-purpose Development of Damodar
Valley
Labour
Members speech at Calcutta Conference
"
The project (harnessing the waters of the Damodar River) is a welcome one to the
Government of India. It very clearly shows a fine prospect of the control of the River, a
prospect of controlling floods, of securing a fine area for perennial irrigation with
resultant insurance against famine and a much needed supply of power. I am sure it will be
more than welcome to the Governments of Bengal and Bihar if they realise what the project
will mean to them and their people."
Thus
observed the Hon'ble Dr. B. R. Ambedkar, Labour Member, Government of India, in his
address to representatives of Bengal and Bihar Governments at a Conference held in
Calcutta on August 23 to discuss the Preliminary Memorandum on the Damodar Valley
Multipurpose Project. The session lasted two days, and the Labour Member presided.
Here
is the full text of Dr. Ambedkar's speech : " We are now meeting for the second time
to discuss the project for harnessing the waters of the Damodar River. As you will recall,
our first meeting in this connection took place on January 3, 1945. We then considered the
Report of the Damodar River Flood Enquiry Committee appointed by the Government of Bengal
in 1944.
"
The issue before us was whether we should be content with damming the river for the
purpose of slopping the flood only or whether
we should make it a multi-purpose project so as to cover generation of electricity and the
supply of water for irrigation and navigation also. The consensus of opinion at that
Conference was that we should go in for the
latter. Accordingly, the Conference decided to take the next step, namely to create
mqachinery for collecting the necessary data to draw up a multi-purpose scheme. On the
part of the Government of India, I offered the fullest assistance of technical experts in
carrying out this preliminary work.
"
The experts have now drawn up, with the co-operation of the engineers from Bengal, a
Preliminary Memorandum on the Unified Development of the Damodar River Valley. Copies of
this Memorandum have already been in the hands of the Government of Bengal and Bihar.
"
With regard to this Memorandum, I feel it my duty to say, and I am sure in this I am
voicing your sentiments, that we are grateful to Mr. Voorduin for the preparation of this
draft Memorandum and also to the ready co-operation which was offered to him by the
engineering staff of the Bengal Government. Mr. Matthews, the Chairman of the Central
Power Technical Board, has also given us the benefit of his advice, and at a later stage,
I have no doubt, that we shall receive all the assistance from Mr. Khosla, the Chairman of
the Waterways and Navigation Board.
"For
the present we have before us now a very clear, a very comprehensive and a very essential
survey of the full possibilities of the Damodar River Valley, accompanied by adeqauate
data to enable us to take the next step with confidence.
"
The reason why we have met today is to consider this Preliminary Memorandum and the points
that arise out of it. These points are set in the agenda which is prepared for this
meeting. The agenda contains a full list of matters arising out of the Preliminary
Memorandum and which require immediate attention. As it has already been circulated to the
Governments of Bengal and Bihar, it is unnecessary for me to go over it again. I shall,
therefore, content myself with making two general observations (1) with regard to matters
of policy, and (2) with regard to questions of method and procedure.
"
Flood control is a matter of policy. I hope that there will be general agreement as to the
desirability of providing that measure of flood protection as will ensure full safety to
the vulnerable area of the Damodar Basin against even the most adverse combination of
foreseeable natural circumstances. I am glad to say that the scheme drawn up in the
Preliminary Memorandum does provide for that full measure of safety.
"
The second matter of policy is the collective responsibility of the three Governments
assembled here to put their shoulders to the task. I believe that there will be general
agreement that the findings in the Preliminary Memorandum justify the three Governments in
proceeding energetically with the development of the Damodar River Valley on the general
lines indicated in the Memorandum.
"
The project is a welcome one to the Government of India. It very clearly shows a fine
prospect of the control of the river, a prospect of controlling foods, of securing a fine
area for perennial irrigation with resultant insurance against famine and a much needed
supply of power. I am sure it will be more than welcome to the Governments of Bengal and
Bihar, if they realise what the.project will mean to them and their people.
"
In concrete terms, the project will give them (1) an aggregate controlled reservoir
capacity of about 4,700,000 acre-feed, (2) sufficient water for perennial irrigation of
about 760,000 acres besides water for navigation purposes, (3) electrical energy amounting
to 300,000 kilowatts, and (4) it would serve to promote directly the welfare of 5 million
people and indirectly of many more millions.
"
Coming now to the question of methods and procedure, we have to decide upon the following
points which I am placing before you in order of priority :
(1)
Selections of dam sites to be taken up first ;
(2)
Further detailed investigations as to the selected dam sites before construction can
begin;
(3)
The agency for such further preliminary investigations ;
(4)
The agency for designing and construction of dams ;
(5)
The creation of high grade administrative machinery to coordinate and push forward the
vast amount of work, both technical and administrative, that will have to be done during
the stages of investigations and construction that are to follow : and
(6)
A series of surveys relating to the best utilisation of water and power that will be
eventually available in the developed areas.
"
I would like to emphasize the need for a quick decision on the points relating to melhod
and procedure. The project is no doubt primarily for the establishment of safety and the
development of a multi-purpose river basin project. But it cannot be forgotten that the
project is a post-war employment project. As the war is now over on all fronts, we are
faced with the problems of peace one of which is to prevent unemployment which, with the
sudden cancellation and the reduction of war employment and expenditure, is going to be
one of the gravest problems in our domestic economy.
Central
Government's Part
"
From this point of view, the Damodar Valley Project is a matter of grave urgency, and it
would be a criminal folly not to come to an early decision, without which it is not
possible for us to proceed further in the matter. I, therefore, hope and trust that, with
your cooperation, we should be able today to return with our decisions fully and firmly
made.
"
Before closing, let me tell you that the Government of India is very keen, very earnest
and is prepared to play its full part in carrying through its project.
(1)
The Government of India in conformity with their earlier declarations recognise their
responsibility for doing all that they can to speed up the project on approved lines, and
to this end will endeavour to the best of their ability. Though the form of the authority
to carry out the project and the manner of setting it up is yet to be defined, the
original view of the Government that such an authority should be set up remains unaltered.
(2)
The Government of India is prepared to assume direct responsibility for securing the staff
and organisation necessary to carry out all further preliminary investigation in such
manner as will facilitate and expedite construction with such assistance as the two
Provinces can render without any serious detriment to their post-war development works.
The Government of India, however, realise the shortage of engineering manpower in Bengal
and will endeavour to find the necessary staff by drawing upon the services, if found
available, of a military unit and its equipment to assist in preliminary investigation.
This will avoid drawing on the strained engineering resources of the Province at a larger
extent than is necessary and will secure a most rapid supply of equipment.
(3) The Centre is prepared to advance, initially,
the funds necessary for the further preliminary investigations undertaken by them which
are necessary for the main project of the understanding that such preliminary expenses
will be charged to the project if it materialises and divided half and half between the
Centre and the Province if it does not materialise.
"
There is only one thing which the Government of India expects the Provinces to do. It
expects the Provinces to bear in mind the absolute necessity of ensuring that the benefits
of the project get ultimately right down to the grass roots, i.e. everyone living in the
Valley and some of those in the vicinity, all have their share in the prosperity which the
project should bring. This, in my view, is essential, and it is for this reason that we
want the establishment of some agency early enough so that that agency can set about
planning at once in the manner in which its essential and ultimate object can be
secured."
CONFERENCE
DISCUSSIONS
The
Conference decided to proceed rapidly with further investigation and progress in regard to
the Unified and Multi-purpose Damodar Valley Development Project.
It
was agreed that the scheme should provide the maximum measure of flood protection that
might be necessary against the most favourable combination of natural circumstances.
Further
investigation of possible dam sites on the Damodar River would be necessary before
starting actual construction, and among the sites which required such investigation were
Maithon, Aiyar and Sonalapur. The Conference discussed the technical aspects of the
question and decided that tlie order of priority of investigation should be, Maithon
first, Aiyar second and Sonalapur third; and that the Central Technical Power Board should
prepare project reports for each of those dam sitesin the case of Sonalapur dealing
in particular with possible effects on coal production.
Necessary
Staff
The
Central Government would try to secure staff, at the earliest possible opportunity, for
the further detailed investigations required for such project reports. Meanwhile, however,
investigations should be carried on by such staff as was immediately available.
The
Conference agreed that the entire staff engaged on further investigation of dam sites
should work under the technical direction of the Central Technical Power Board so that
unified control of the preliminary operations could be ensured.
It
was further decided to invite four engineers from the U.S.A. to advise on the design and
construction of the first two dams to be built under the proposed unified scheme. The
engineers would constitute a Technical Mission and should arrive, if possible, in India
early next year. It was hoped that by that time the required data would be collected and
available.
While
the ultimate intention is to constitute a Damodar Valley Authority for the administration
and carrying out of the Scheme, the Conference decided that, as an interim measure, the
Central Government should appoint a high-ranking Administrative Officer to coordinate all
preliminary action and rapidly to push through investigations connected with the .proposed
Project.
It
was agreed that investigation should be undertaken simultaneously for the various other
problems connected with the scheme. The Irrigation Departments of the Bengal and Bihar
Governments, in consultation with the Central Irrigation, Waterways and Navigation
Commission, should investigate the best methods of utilising the water made available for
irrigation.
Other
subjects to be investigated include the development of power demand, including the setting
up of nursery stations, anti-erosion works, navigational, geological and the water supply
aspects of the scheme and the lay-out of transmission lines.
The
following representatives of the Central Government and the Government of Bengal and Bihar
attended the Conference :
Government
of IndiaMr.
H. C. Prior, Secretary, Labour Department ; Mr. D. L. Mazumdar, Deputy Secretary, Labour
Department ; Mr. M. lkramullah, Joint Secretary, Supply Department; Mr. H. M. Malhews,
Chairman, Central Technical Power Board; Mr. W. L. Voordin, Hydro-Electric Member, Central
Technical Power Board; Mr. C. Coates, Deputy Secretary, Supply Department; Mr. J. R.
Harrison, Deputy Coal Commissioner.
Government
of Bengal.Mr.
0. M. Martin, Adviser to H. E. the Governor, Communication and Works Department ; Mr. R.
L. Walker, Adviser to H. E. the Governor,
Finance, Commerce, Labour and Industries Department; Mr. B. B. Sarkar, Secretary,
Communication and Works Department; Rai Bahadur S. K. Gupta, Chief Engineer, Irrigation
Department, West Bengal ; Mr. Man Singh, Superintending Engineer on Special Duty, Damodar
Scheme ; Major M .Jafar, Director of Public Health and Mr. Aziz Ahmed, Joint Secretary,
Post-War Reconstruction Department.
Government
of Bihar.Mr.
S. M. Dhar, Development Commissioner and Mr. W. G. Caine, Chief Engineer, Irrigation and
Power.
51
[f.11]
Housing of
India's Industrial Workers
The
need to accelerate the provision of housing for India's industrial workers, was emphasised
at the seventh meeting of the Standing Labour Committee which was held recently in New
Delhi. The Hon'ble Dr. B. R. Ambedkar, Labour Member, Government of India, presided.
The
Committee resolved that a sub-committee should be appointed to consider the following
matters relating to housing for workers:
(a)
Whether
there should be a Building Fund for the housing of workers, and the manner in which it can
best be raised, and in particular the manner in which the cases of those employers who
have already provided housing can be dealt with;
(b)
the
basis on which the workers can be required to pay rent ;
(c)
the
minimum standards required for workers houses
;
(d)
the
most suitable manner of administering any fund which becomes available (whether from
Government, employer or worker) for the housing of workers ; and
(e)
the
facilities that are required to be granted by the Central and Provincial Goernments and
local autorities to facilitate housing schemes for workers.
The sub-committee should be composed of two representatives of the Central Government, two representatives of provinces, two representatives of Indian States and three representatives each of employers and employees including representatives of Municipalities and Municipal workers.
The
Standing labour Committee also discussed draft rules relating to * Indian Information ,
December 15, 1945, p. 464. holidays with pay tentatively framed by the Central Government,
under the Factories (Amendment) Act, 1945.
There
was a general agreement on the desirability of amending the Workmen's Compensation Act so
as to include in the definition of workmen, to whom the act is applicable those drawing
Rs. 400 a month.
The
meeting was attended by representatives of the Central and Provinicial Governments, Indian
Slates and Chamber of Princes, Organisation of Industrial Employers, Employers' Federation
of India, All-India Trade Union Congress, Indian Federation of Labour and other employers
and workers.
[f.12]
State's Obligations to Labour
Presiding
over the Seventh Labour Conference, which will in future be called the Indian Labour
Conference, held in New Delhi on November 26, the Hon'ble Dr. B. R. Ambedkar, Member for
Labour, struck a balance-sheet of the State's obligations to labour and urged legislation
for raising Indian labour standards to the international level.
Taking
stock of Government action on the recommendations of the Royal Commission on Labour and
the ratification of I.L.O. conventions Dr. Ambedkar said there were actually only ten
recommendations which were still outstanding, whereas India has yet to ratify 19 out of
the 63 Conventions. " But ", the Labour Member pointed out, " this is due
not so much to the unwillingness of the Government " but to " the rule which
requires that a Convention must be adopted without change or modification. It should be
possible ", remarked the Labour Member, " for the I.L.O. to draft a Convention
so as to provide for stages."
Welcoming
the gathering. Dr. Ambedkar Said : " I am sure we are all happy to see that peace has
come. It has cost us six years of hard struggle involving incalculable destruction of life
and property, not to mention the hardship and the misery which all had to undergo in order
to win victory. It is a matter of great relief to us that we have no longer before us the
problem of war and of war effort which
required us not only to make things ready, but to make them ready at the shortest notice.
Thank God that all our worries are over. But you all know that, though the problems of war
are no longer there to trouble us, there are .before us problems of peace, such as the
r5econstruction of the social and economic life of the people. These problems affect India
no less than they do other countries of the world.
State's
Liabilities
"
Among these social and economic problems, this Conference will be concerned with the most
important of them, namely, the problems effecting the welfare of labour and the relations
of Capital to Labour. In order that the Conference may know what work lies before it, I
think it would be desirable if I use this occasion to enter upon what might be called '
stock-taking ', so that all of us may have a correct estimate of what has been done and
what remains to be done in the field which is ours.
"
For the purposes of this stock-taking, I would like to begin with our liabilities first.
Our liabilities are derived from two different quarters. Firstly, they are derived from
the recommendations of the Royal Commission on Labour which reported in the year 1930. The
second source of our liabilities is the Conventions of the International Labour
Organisation of which India has been made a member from the very beginning.
"
The Royal Commission on Labour made 357 recommendations a formidable total which
serves to show how far behind India was in 1929 as compared with other countries in
matters of labour legislation. Of these 357 recornmendations 133 (in whole or in part)
involved legislation. Of these 133, no less than 126 were accepted by the Government. Only
seven were rejected out of 126 which were accepted, 106 have generally been given effect
to. Only 20 are still outstanding. Of these
20, 10 relate to legislation for workshops for which discretionary powers already exist
with the Provincial Governments under section 5 of the Factories Act. Really speaking,
there are only 10 recommendations which are outstanding. Our liability on this account is
therefore very small.
I.L.O.
Conventions
"
Turning to the second source of our liabilities, it will be noticed that the I.L.O. has
between the years 1919 and 1943 passed altogether 63 Conventions on various matters
effecting labour. Of these, India has ratified only 14. India has yet to ratify 49
Conventions.
"
You will notice how the balance-sheet stands. Our Royal Commission account is better than
our I.L.O. account. That is of course likely as the Royal Commission recommendations have
specific relations to the conditions of India while the I.L.O. Conventions are
general
in character.
"
The fact, however, remains that there is very little outstanding liability on account of
the Commission and the magnitude of our liability on account of the Convention is great.
Among the Conventions not ratified, there are some which are very important and it behoves
us to examine these most carefully and raise our labour standards, in so far as national
conditions allow, to standards laid down internationally
"
This brief survey will, I hope, enable you to see what is outstanding in the matter of
legislation. I need hardly say that this debt we shall have to discharge. I am sure you
will agree with me when I say that we do not wish to escape it. Permit me to say that we
cannot escape it. World public opinion will not allow us to escape it.
"
If I have made a point of our honouring our liability it is because one hears in this
country many misgivings being expressed about the necessity and urgency of labour
legislation. There is always somebody to ask us to copy the British example. It is said
that the British people have waited for a century, before they had their present Labour
Code. There are others who urge that it would be unfair to put the cost of labour
legislation on Indian Industries, which are at present in an infant stage, and point to
the example of Russia where the working class was forced to accept very low standards in
order to enable industries to grow. One also hears it said that the administrative
machinery necessary for enforcing labour legislation is not in existence in India and
that, therefore, it is useless to enact laws which must remain a dead letter. There is
also the plea, commonly raised, that India is a poor country and that it cannot afford the
luxury of high standards of labour.
Labour
Legislation
"
I am not sure that these arguments will satisfy world opinion. Far from accepting them as
good and valid reasons for holding back labour legislation of which we are in arrears,
labour is sure to regard them as so many excuses.
"
Labour may well say that the fact that the British took 100 years to have a proper code of
labour legislation is no argument that we should also in India take 100 years. History is
not to be studied merely with a view to know how well to imitate the mistakes of other
countries.
We
study history with a view to know the errors people have made and how they could be
avoided. History is not always an example. More often it is a warning.
"
Labour is bound to say that the example of Russia is entirely out of place in a discussion
about labour standards in a country in which industry is run as a private enterprize
working in pursuit of private and personal gain. In Russia, industry is a State enterprise
and the profits of industry go to fill the Treasury of the State and not to swell the
private fortunes of individuals. Where the profits of industry belong to the State, the
subjects of the State may well be asked to undergo, during an interim period, reduction in
wages and other standards of life in order that the State industries may be stabilised. No
worker would mind such a sacrifice knowing that, in the end, the industry would belong to
the State and that he would be able to share in the prosperity of the State. How can the
workers be asked to agree to reduce standards of life in an economy in which the profits
which are to result from such reduced standards are to go to private individuals. I am
sure you will agree that an agrument on these lines has great force.
Funds
For Labour Welfare
"
The plea that we have no administrative machinery to give proper effect to labour laws
cannot be admitted to be a strong plea. It is liable to be attacked by labour from many
points and you will find it vulnerable at every point. The State maintains a large body of
police force to maintain law and orders; the State maintains a body of Revenue Officers to
collect taxes. Labour may well say, why should not the State maintain a force to see that
labour laws are given effect to ? Is the duty of the State to be confined merely to
collecting taxes and punishing persons who disobey its laws ? Does not the duty of the
State extend to the maintenance of terms and conditions of employment, which are in
consonance with civilised life ? If that is the duty of the State, is it not obligatory on
the State to create and sustain such machinery ? The lack of machinery is too weak a plank
to stand on.
"
The argument about the capacity to bear the burden of the cost involved in labour
legislation is an argument of very serious import, and labour will have to take note of
it. At the same time, the question is about the faith behind the argument. Is it a bonafide argument ? or it is merely a cloak for
avoiding liability ? Labour may well say that this argument about cost loses much of its
force when one thinks of the money spent on war. All of us know what a colossal amount of
money has been raised for the war and how the monied classes have borne the crushing
weight of high and heavy taxations for carrying on
the
war. " Labour may well ask statesmen to say how many houseless persons
could
have been decently housed, how many naked persons could have been properly clothed, how
many hungry men and women could have been given full nourishment, how many uneducated
persons could have been educated, how many sick persons could have been restored to
health, if the money spent on war had been spent on public welfare ? Labour may ask monied
classes a very pertinent question saying, if you do not mind paying taxes to meet
expenditure on war, why do you object to raising funds when their purpose is to raise
labour standards ? I am sure these are not very easy questions to answer.
"
I have given you an estimate of the labour legislation which is outstanding. I have shown
why we cannot escape it. That being so, I do not think it necessary to make any apology
for the large Agenda that has been placed before you. The Agenda includes eight items.
Some of them are very important, particularly item II, which deals with reduction of
working hours, item III which deals with minimum wage legislation and item VIII which
deals with the Recognition of Trade Unions.
Anti-Slump
Measures
"You
can well imagine why I have singled out these items for particular emphasis. The peace we
are glad to have will be bringing on its plethora of problems. The most serious of these
will be the dreadful problem of unemployment. We must do our best and do it immediately to
mitigate it and to prevent it from lowering labour standards. I believe three things are
necessary to case the situation. Firstly, to reduce hours of employment so as to provide
employment for many. Secondly, to provide machinery for fixing minimum wages. The absence
of such machinery combined with unemployment is bound to cause labour standards to slump,
which ought to be prevented. Thirdly, to provide the employers and workers with a resolve
to collective bargaining and learn to work together in the solution of other common
problems. Nothing in my judgement can bring this about more effectively than sound and
responsible Trade Unions.
"
I do not propose to assert that the Labour Department does not linger on. I must mention I
find one great handicap in pursuing our goal. It arises from the provisions of the I.L.O.
with regard to Conventions. I said that our liability arising out non-ratification of the
Conventions is indeed very great. I must at the same time point out that this is due not
so much to the unwillingness of the Government to recognise the essential good underlying
the Conventions, it is due largely to the rule which requires that a convention must be
adopted without change or modification. It must be adopted as a whole, or not all. I am
sure it is this provision, forcing on us a policy of
'all or none ' is not very helpful. It does not permit us to realise our goal by
progressive stages which is the only one by which vast and backward countries like India
can hope to advance. Stage By Stage Progress
"
I want to press for a modification of this rule, as being very necessary for Asiatic
countries which have a long and a different journey to cover. It should not be impossible
to get a change made in the existing provisions. It should be possible for the I.L.O. to
draft a Convention so as to provide for stages. It should also be possible for the I.L.O.
to lay down that the convention should be carried out stage by stage, coupled with the
provision that the whole list of Conventions should be carried within a given period. I am
sure you will agree with me that a change which permits progressive realisation of
international conventions is to be preferred to a rule which makes them so many dead
letters.
"
There is one other matter to which I must make some reference lest you should
misunderstand. You remember, the Conference last year appointed a Committee to consider
some of the proposals I had made for changing the Constitution of the Conference. You
might like to know what action Government propose to take on the report of the Committee.
"
As recommended by the Committee, Government do not at present propose to make any changes
in the Constitution of the Conference.
Government think it enough not to do anything more
than to change the name of the organisation as recommended by the Committee. The
Conference is meeting under different names, such as Ministers' Conference, Tripartite
Conference and Plenary Conference. I am glad that the Committee decided to call it the '
Labour Conference '. Notwithstanding what Shakespeare has said there is much in a name.
The name ' Labour conference ' may not have a partite ' or' Plenary '. The only comment I
have to make is that the name as proposed by the Committee lacks colouringa defect
which could be easily removed if instead of calling it ' Labour Conference ' we decided to
call it the ' Indian Labour Conference '. I take it that you are in agreement with me on
this point.
"
There is another thing which Government propose to do, which is quite independent of the
report. It is to enlarge the functions of this Conference.
"
At the last I.L.O. Conference held in Paris the delegate of the Government of India gave
an undertaking to place all recommendations and Conventions passed by the I.L.O., before,
this body for discussion. The Government of India have decided to honour that undertaking.
I am sure you will welcome this extension of your powers and functions. It will enable the
Provinees and States to know what was done at each Session of the I.L.O. and profit by the
views of the employers and employees in regard to it."
CONFERENCE
PROCEEDINGS
The
Indian Labour Conference, consisting of the representatives of Central and Provincial
Governments, important states and employers' and workers' organisations unanimously
supported the principl5e of the 48-hour week in India's factories at its meeting on
November 27. There was, more or less, complete agreement in regard to the Government's
proposals for the statutory provision of industrial canteens and for the amendment of the
Workmen's Compensation Act, 1934.
The
Labour Department's memorandum on the reduction of working hours pointed out that it was
both unjust and unwise to deny the workers a reasonable amount of spare time away from the
factory, which was indispensable for the building up of citizenship and for the
maintenance of his physical efficiency. It emphasised that the present was an opportune
moment for taking up this question because there was a need for giving relief to factory
workers who had been put to a great strain during the war. Moreover, shorter hours would
lead to greater employment. The memorandum made it clear that the reduction in hours
should not be accompanied by any reduction in basic wages or dearness allowances unless
there was a fall in prices. The rates of pieceworkers should be adjusted on the principle
that a piece-worker should earn not less than a time worker.
The
Conference also discussed the organisation and functions of the Employment Exchanges set
up by the Labour Department to help the resettlement and employment of demobilised
Services personnel and discharged war workers during the transition period.
The
Labour Department's memorandum on the subject recorded that Employment Exchanges can only
give useful assistance if they are in possession of information regarding the employment
opportunities available or likely to be available. The use of the Employment Exchange
organisation, it continued, will prove of mutual benefit to employers and
employment-seekers and will ensure satisfactory distribution of manpower among various
branches of production. It will also facilitate the mobility of Labour, both occupational
and geographical, and will obviate any bottle-necks in the supply of various categories of
workers..
The
attitude of Employment Exchanges during strikes or lockouts and the question of
compensation to the workers during involuntary unemployment resulting from controls were
the two other subjects considered in today's session. The first subject was adjourned
after some discussion for tomorrow's session, and on the second the Conference was not
able to arrive at an agreed decision.
Minimum
Wages
When
the Conference assembled on November 28 to conclude its seventh session, the Hon'ble Dr. B. R. Ambedkar announced that a committee
consisting of two representatives of employers and two of employees will be formed shortly
to advise the Government in drafting legislation for fixing minimum wages for labour and
for amending the Indian Trade Unions' Act, 1926.
Though
the principles of these two measures were agreed to by the Conference, various points of
view were expressed during the discussions. The appointment of the Committee is to meet
the point raised by many speakers at the Conference that, in view of the importance of
these two measures, they should be examined in detail.
The
Conference was unanimous in its decision regarding the framing of standing orders in
industrial concerns and on the attitude that should be adopted by the Employment Exchanges
during strikes or lock-outs. It was agreed that, during strikes or lockouts. Employment
Exchanges should acccept vacancies and inform suitable applicants of the existence of the
trade dispute before submission. They should register workmen and submit them for other
employment, informing the prospective employers that they are unemployed as the result of
an existing trade dispute.
53
[f.13]
Multi-purpose Plan for Development of
Orissa's Rivers
Dr.
B. R, Ambedkar's Speech at Cuttack
"
Orrisa wants to get rid of the evils of floods. Orissa wants to get rid of malaria and
otherto use American phraseology' low-income ' diseases causing ill-health and
corroding the stamina of her people. Orissa wants to raise the standard of living of her people and advance their prosperity by
irrigation, by navigation and by producing cheap electrical power. All these puiposes can
fortunately be achieved by one single plan, namely to build reservoirs and store the water
which is flowing in her rivers "
Thus
observed the Hon'ble Dr. B. R. Ambedkar, Labour Member to the Government of India, in his
Presidential address at a conference held in Cuttack on November 8 between the
representatives of the Central Government and the Governments of Orissa, the Central
Provinces and the Eastern States, to discuss the possibilities of developing Orissa
rivers.
Orissa
"s Problems
Referring
to the problems of Orissa, the Labour Member observed : " To say that the problem is
one of floods is both an oversimplification and an understatement of the problem. I see
the problem in somewhat differ5ent light. When I think of Orissa, the picture that comes
to my mind is that of a people subject not to one affliction, but many.
"
One such affliction, which is on the lips of everybody, is the constant exposure of her
people to floods which caus5e damage to life and property and, in a general sense,
insecurity. This affliction is due, not merely to floods, but also to droughts and
famines. Damage by droughts and famines can be as great as that caused by floods. It is
said that in the drought of 1866, nearly 40 per cent of the population of Puri district
perished.
"
Deterioration in health is another affliction of the people of Orissa. The total
population of the province of Orissa is 77 1/2 lakhs. According to the health report of
the province, the total deaths in 1944 were
2,35,581. Of these, 1,30,000 died from some kind of fevers and a majority by malarial
fever. This means that three per cent of her people died in 1944, and of these nearly half
died of malaria. This is a very high figure. In 1944, 19 per cent of the student
population was found to show distinct signs of malnutrition and 8.7 per cent showed signs
of vitamin deficiency.
"
If these facts are true, Orissa cannot be said to be above the poverty line. The third
affliction of Orissa1 think it could be called an afflictionis its want of
internal communications. Orissa is a locked-up country. Except for the solitary railway
line, running along her eastern sea coast, there is no means of communication either by
railway or by canal to connect the vast hinterland with the sea coast."
"
Should Orissa continue to be in such a wretched state as it is today ? " Dr. Ambedkar
asked. " It need not. It has natural resources, and they are by no means meagre.
Orissa has coal, Orissa has irion, chrome, graphite, bauxite, limestone, mica, and Orissa
has also bamboo, to mention only some of its important natural resources."
"
There is another precious possession which Orissa has, namely her water wealth. The amount
of water that passes through the Orissa delta is just vast. The deltacomprising
roughly the three districts of Cuttack, Puri and Balasore and covering an area of about
8,000 square milesis traversed by a network of distributaries arising mainly from
three rivers, the Mahanadi, the Brahmani, and the Bailarani.
"Two
more riversthe Burabalang and the Subarnarekhaof relatively lesser importance,
also pass through the delta. The three main rivers referred to above drain an area of
69,000 square miles above the delta, lying in the Eastern States, Central Provinces and
Bihar. Of these the Mahanadithe largest of the threedrains 51,000 square
miles. Between them, these three rivers carry each year to the sea a discharge of about 90
million acre feet."
The Labour Member continued : "Given the
resources, why has Orissa continued to be so poor, so backward and so wretched a province
? The only answer I can give is that Orissa has not found the best method of utilising her
water wealth. Much effort has undoubtedly been spent in inquiring into the question of
floods. As early as 1872, there was a general enquiry by Mr. Rchnand .l do not know what
happened to his report. Nothing seems to have been done thereafter till 1928. From that
year down to 1945, there have been a series of committees appointed to tackle this
problem.
"
The Orissa Flood Enquiry Committee of 1928 was presided over by the well-known Chief
Engineer of Bengal, Mr. Adams Williams. In 1937, the enquiry was entrusted in the able
hands of Sri M. Visvesvarayya, who submitted two reportsone in 1937 and another in
1939. His work was followed by the Orissa Flood Advisory Committee. The Committee
submitted a preliminary report in 1938 and continued its work till 1942, during which
period it submitted three interim reports. The latest effort in that direction was made as
recently as March 15, 1945, when a Flood Conference was convened at Cuttack by the
Government of Orissa.
"
With all respect to the members of these committees, I am sorry to say they did not bring
the right approach to bear on the problem. They were influenced by the idea that water in
excessive quantity was an evil, that when water comes in excessive quantity, what needs to
be done is to let it run into the sea in an orderly flow. Both these views are now
regarded as grave misconceptions, as positively dangerous from the point of view of the
good of the people.
Conservation
Of Water
"
It is wrong to think water in excessive quantity is an evil. Water can never be so
excessive as to be an evil. Man suffers more from lack of water than from excess of it.
The trouble is that nature is not only niggardly in the amount: of water it gives, it is
also erratic in its distributionalternating between drought and storm. But this
cannot alter the fact that water is wealth. Water being the wealth of the people and its
distribution being uncertain, the correct approach is not to complain against nature but
to conserve water.
"
If conservation of water is mandatory from the point of view of public good, then
obviously the plan of embankments is a wrong plan. It is a mean which does not subserve
the end, namely conservation of water, and must, therefore, be abandoned. Orissa delta is
not the only area where there is so much amount of water and there is so much amount of
evil proceeding from that water. The United States of America had the same problem to
face. Some of these rivers Missouri, Miami and Tennesseehave given rise to the
same problem in the U.S.A.
"
Orissa must, therefore, adopt the method which the U.S.A. adopted in dealing with the
problem of its rivers. That method is to dam rivers at various points to conserve water
permanently in reservoirs. There are many purposes which such reservoirs can serve besides
irrigation. I am told that if it were possible to store the entire run off of the Mahanadi
it will be enough to irrigate thereby a million acres, provided that much area was
available. Water stored in the reservoirs can be used for generating electric power.
"
If in the midst of its natural resources, Orissa has remained an industrially undeveloped
area, it is due to want of cheap power to run its factories. Here there will be abundance
of electric power, more than Orissa can hope to consume for a long time to come. Another
use to which this water could be put to is navigation.
"
Navigation in India has had a very chequered history. During the rule of the East India
Company, provision for internal navigation occupied a very prominent part in the public
works budget of the Company's Government. Many of the navigation canals we have in India
todayand you have one in Orissa itselfare remnants of that policy. Railways
came in later, and for a time the policy was to have both railways and canal navigation.
By 1875, there arose a great controversy in which the issue was railways versus canals. The battle for canals was fought
bravely by the late Sir Arthur Cottonone of the few engineers with big ideas.
Unfortunately supporters of Railways won.
"
I am not quite happy about this victory of railways over canals. Much more annoying is the
ignorant opinion of supporters of railways that canals must go because they do not pay,
without knowing that if the canals do not pay it is not because they cannot pay but
because their capacity to pay has been terribly mutilated by leaving them uncompleted. I
am sure that internal navigation cannot be neglected in the way in which it has been in
the past. We ought to borrow a leaf from Germany and Russia in this matter and not only
revive reconstruction of our old canals but make new ones also and not to sacrifice them
to the exigencies of railways."
Special
Feature
The
Labour Member reiterated that the storage scheme, as applied to the rivers of Orissa, will
have this special feature, namely, that it will not only give irrigation and electricity,
but also provide a long line of internal navigation. " I am told it may be possible
to connect Chandbali to Sambalpur and beyond by a navigable inland waterway by
construction of, say, some three dams at (1) the point of its debouche from the hills
(seven miles above Naraj), (2) Tikkirpara and (3) above Sambalpur. If this plan works out,
there will be a navigable channel for 350 miles which could be maintained all the year
round, affording a cheap and convenient artery for passenger and goods traffic. Imagine
the possibility coastal craft or light vessels going right into the interior on a canal
extending from the sea via Cuttack to Sambalpur,
and beyond into the Central Provinces. Here is a scheme which converts forces of evil into
powers of good.
"
Orissa wants to get rid of the evils of floods. Orissa wants to get rid of
malariaand otherto use American phraseology' low-income ' discases
causing ill-health and corroding the stamina of her people. Orissa wants to raise the
standard of living of her people and to advance her prosperity by irrigation, by
navigation and by producing cheap electrical power. All these purposes can fortunately be
achieved by one single plan, namely, to build reservoirs and store the water which is
flowing in its rivers.
Multi-purpose
Reservoirs
"
I am, therefore, glad to note that the Orissa Flood Protection Committee held in 1945,
struck the right note when it said that the final solution of Orissa's water problem
should be sought in the construction of multi-purpose reservoirs. My comment is that this
should be regarded as the only method and treated as an immediate programme rather than as
an ultimate aim. The potentiality of this project may not be clear to everybody. But it is
indeed very great. It is desirable that some idea of its immensity should be conveyed to
the Government of Orissa, the representatives of the States of Orissa and the people of
Orissa as well, so that their interest in the project may be aroused.
"
A comparative statement may well give such an idea. One hears of the lake made at the
Boulder Dam in the U.S.A. as the biggest man-made lake in the world. We also hear of the
Mettur Dam in Madras and the proposed Tungabhadra Dam in Hyderabad, which are likely to be
its rivals. Compared with the First, the tolal volume of water that flows annually through
the Orissa rivers will fill three times the lake mentioned. Compared with the Mettur Dam
in Madras and the Tungabhadra Dam in Hyderabad, it may be pointed out that the Mahanadi
alone carries over 65 million acre-feet, which would be 30 times the capacity of the
reservoir at the Mettur Dam in Madras and 20 times the capacity of the proposed
Tungabhadra Dam. How much of this water we can economically and effectively store is a
matter for investigation. The Government of Orissa. the Slates in Orissa and the people of
Orissa should, therefore, regard themselves as lucky and proud of this project and
determine and endeavour to make it a reality."
Dr.
Ambedkar continued : The agenda for the meeting is a very modest one. It is (1) to
consider the disirability of undertaking forthwith surveys and investigations of Orissa
rivers with a view to the preparation of schemes of unified and multi-purpose development
comprising (a) flood control, (b) navigation, (c) irrigation and drainage. (d) soil
conservation, and (c) power development ; (2) to consider the desirability of
concentrating, in the first instance, on surveys and investigations on the Mahanadi river
for control and development of that river ; (3) to examine the desirability of surveys and
investigations being carried out by provincial governments in conjunction with, and under
the general direction of, the Central Waterways, Irrigation and Navigation
Commission."
"
Our main purpose today is to see if we can agree on the necessity for a thorough survey
and investigation of the natural resources and physical features of the region with a view
to prepare a comprehensive scheme for its development. For a balanced appreciation of the
situation it is necessary to carry out comprehensive surveys and investigations with a
view to ascertain the possibilities of irrigation, navigation, power development and their
facilities in the delta as well as in the drainage area as a whole. Investigations so far
carried out have been mostly limited to the delta, although some work had been done in
1862 on the survey of dam sites for small reservoirs on the five tributaries of the
Mahanadi, namely, the Telcoma, the lbcoma, the Maudcoma, the Hasd and the Jonk.
"
The Central Waterways, Irrigation and Navigation Commission constituted by the Government
of India under the chairmanship of the able and well-known irrigation engineer, Rai
Bahadur Khosia, is shortly going to initiate hydrological and other surveys of Orissa
rivers as part of their enquiry. It will be necessary for provinces and states to
undertake connected surveys in conjunction with, and under the general direction and
supervision of, the Commission.
Submergence
Of Areas
"
Beforeclosing ", Dr. Ambedkar observed, " I would like to draw the attention of
the parties which have met at this conference to two points. They are intimately connected
with the success of the project and about which they will have to make up their mind at an
early dale. First is their readiness to consider the question of submergence of land.
Reservoirs formed by construction of dams will submerge large areas of land, both in
Orissa and the Eastern States. If these dams are carried higher up the river or its
tributaries, certain areas in the Central Provinces will also be submerged. This question
will need to be considered in detail in relation to the over-all benefits of the
integrated scheme."
"
Submergence of areas will be inevitable if the waters of the rivers have to be conserved
for beneficial use instead of being allowed to run waste and to work havoc en route. The resulting benefits from a scheme of
united and multi-purpose development should far outweigh loss of lands due to submergence.
This project can be a success only if it is treated as a regional project. It cannot
succeed with a local treatment. The province of Orissa will fail if it were to take up a
project confined to its own boundaries. The same will be the rewsult if an Orissa State were to make a similar attempt.
"The
project being essentially regional, it raises the question of submergence of State and
Provincial sovereignty to the extent necessary. This is the second question to which I
wish to refer. It is for the Orissa States and the Government of the Province to come
together in order to shed a part of their sovereignty over different sections of the
rivers that are flowing through their territory so that the project could be undertaken,
planned, devised and am by a single authority without disturbance either from the province
or from the states once it is established. I need hardly say that the welfare of the
public is far more important both to the Government of Orissa as well as to the Rulers of
Indian Stales affected than sovereignty. Their sovereignty should be used for advancing
the welfare of the people and not for blocking it. With co-operative and co-ordinated
effort on the part of the Central Government and the Provincial and Slate Governments, it
should be possible to harness for beneficial use this perennial source of wealth waters of
Orissa riverswhich are at present running to waste and causing untold suffering on
their way to the sea."
SURVEY
OF ORISSA RIVERS : CONFERENCE DECISIONS
The
conference decided to undertake a preliminary surveys of the Orissa rivers to prepare
schemes of unified and multi-purpose development. Multi-purpose schemes which may be
prepared after this preliminary survey are intended to comprise flood control, navigation,
irrigation and drainage, soil conservation and power development.
The
Conference agreed that, in the first instance, the possibilities of controlling and
developing the Mahanadi river should be surveyed. It was further agreed that surveys
should be carried out by the Provincial Governments concerned in conjunction with and
under th5e general direction and supervision of the Central Waterways, Irrigation and
Navigation Commission.
It
was explained that the Commission would, in the beginning, carry out a preliminary
reconnaissance over the entire length of the Mahanadi, and if, as a result of such
reconnaissance, a prima facie case for the
development of the river for the benefit of the provinces and states concerned was
established, further detailed survey and investigation would have to be undertaken. It
would only be at this stage that full participation of partics concerned, both
administrative and financial, would be necessary. Till then the Central Waterways,
Irrigation and Navigation Commission propose to carry on preliminary reconnaissance with
the help of the recently created Orissa Rivers Division of the Provincial Government. It
was agreed that the C. P. Government and the Eastern States would supply the Central
Waterways, Irrigation and Navigation Commission with all such data and information as they
already possessed and would cooperate fully with them in order to explore the
possibilities of the Mahanadi river.
Mr.
GOKHALE'S SPEECH
Mr.
B. K. Gokhale, Adviser to H. E. the Governor of Orissa, welcoming the plan outlined by Dr.
Ambedkar, said: " Orissa is perhaps the most backward part of India and no single
project is likely to do more to improve the conditions of the people than the multipurpose
development which we have under contemplation ". He outlined the history of Orissa up
to modern times, and said that Orissa expected that the thought which had been given to
planning and regional development would start her on an era of happiness and prosperity.
*
*
*
[f14]POST-WAR
IRRIGATION AND HYDRO-ELECTRIC SCHEMES
"
There is no doubt whatever about India's lead to the world in irrigation. Nor of its vital
importance to India ; with our rapidly increasing population we must irrigate to live
", said H. E. the Viceroy opening the 16th annual meeting of the Central Board of
Irrigation held on November 26 in the Council Room of the Viceroy's House, New Delhi.
Besides the experts of the Government of India and the Chief Engineers of Provinces and
States, the Hon'ble Dr. B. R. Ambedkar, Member for Labour, and the Hon'ble Mr. H. C.
Prior, Secretary, Labour Department, attended. The Viceroy said:
"
I am very glad to be able to open the 16th Meeting of this Central Board of Irrigation.
Your branch of engineering is an ancient, important, and very honourable one. Irrigation
engineers are the oldest experts in the world. The 2nd Chapter of Genesis tells us that '
A river went out of Eden to water the garden ' obviously the first recorded example of
irrigation. The two ancient civilisations of Egypt and Mesopotamia were of course built
entirely on irrigation ; and the forerunners in your craft were presumably a much honoured
guild or fraternity in those countries.
"
Amongst the most eminent of the early irrigation experts must be numbered Moses, of whose
achievements, in the art of irrigation we know at least two ; when he smote the rock at
Horeb, bidding drink and live the crowd beneath him ; and when he sweetened the bitter
water at Marah, presumably by building a dam to keep out some brackish element.
India's
Achievements
"
Other engineers may give us speed in travel or comfort in our dwellings ; your gift is
that of life itself. If you want a text for your labours you will find it in a verse of Isaiah; ' I give waters in the wilderness and
rivers in the desert, to give drink to my people '.
54
[f.15]
Rejection of Railwaymen's Federation
Demands
Re: Retrenchment
The
Honourable Dr. B. R. Ambedkar
(Labour Member): Mr. Chairman, in the morning when this adjournment motion was admilted I
did not think that the Labour Department would have to come into this debate in order to
explain its position. But when the debate opened I found that two of the speakers who have
supported the motion have come down somewhat heavily on the Labour Department. Their
charge was that although the dispute has been going on for some considerable time, the
Labour Department has not played the part which it is expected to play in this dispute.
Sir, I admit that the Labour Department has a considerable amount of responsibility in
this matter. It is a department which has been established in order to see that the
working classes do get their dues and if the Labour Department can be found to have failed
in its duty, it would undoubtedly be deserving of the censure that is moved. But I am
sorry to say. Sir, that my Honourable friend, Sardar Mangal Singh,who in the first
instance alluded to the responsibility of the Labour Department and said in a somewhat, if
I may say so, slighting mariner, that the Labour Member was either sleeping or
fiddlingwas completely unaware of the facts of the situation and has certainly not
informed himself of what the Labour Department has done in this matter. I think it would
therefore be desirable that I should place before this House some very relevant facts with
regard to this matter.
First
lime when the Labour Department came to know that there was such a dispute between the
Railwaymen's Federation and the Railway Board was on the 5th October, 1945, when a letter
was sent by an official of the Indian Railwaymen's Federation forwarding a number of
resolutions that had been passed at a session of the Railwaymen's Federation. After that
letter a second letter was received by the Labour Department on the 10th October, 1945. In
that letter a request was made that the Labour Department should move and appoint an
adjudicator in order to decide upon the terms mentioned in the resolution. Now, Sir, it
will be admiitted that before any such grave step as that of the appointment of an
adjudicator is taken, it is the duty of the Labour Department to bring the two partics
together and to induce them to meet in a formal manner, discuss the various outstanding
questions, reduce their differences as far as they possibly can agree to each other's
demands. That duty, I am glad to say, the Labour Department immediately performed and they
induced the Railway Department to meet the representatives of the Indian Railwaymen's
Federation and to discuss points of dispute. Honourable Members might be aware that after
the discussion had taken place between the Railway Department and the Indian Railwaymen's
Federation a communique was issued by the Railway Department stating that a meeting had
taken place and certain matters which were matters of dispute were discussed between the
two partics. Now that thing happened as late as the 5th of December, when this communique
was issued. Certainly from the 5th of December up to day it cannot be said that an unduly
long delay has happened or an unduly long delay has been brought about or that there has
been any dilatoriness on the part of the Labour Department that they did not move in this
matter as soon as they ought to have done.
But there is one other point to which I would like
to draw the attention of the House. It cannot be saidand I think Mr. Guruswami ought
to be in possession of this factthat the negotiations have not been concluded.
Negotiations are still going on and I may tell the House that it has been agreed between
the Railway Department and the Federation of Indian Railwaymen that a small committee of
the Indian Railwaymen's Federation be appointed in order to carry on further negotiations
with the Railway Department. The date fixed for that meeting is towards the end of January
1946. The end of January 1946 has not yet come. There is still time for
negotiation......... Shri Prakasa : ' Towards the end ' has come.
The
Honourable Dr. B. R. Ambedkar :
Yes, but that is a matter which I am
Diwan
Chaman Lall (West PunjabNon-Muhammdan): May I interrupt my Honourable friend for
a minute ? Is it a fact that the demand for the appointment of an adjudicator has been
definitely turned down by the Government ?
The
Honourable Dr. B. R. Ambedkar : I
am coming to that. The point I was making was thisthat there can be no question of
the appointment of an adjudicator unless the Labour Department is, fully satisfied that
the last attempt for a mutual settlement between the two parties has failed ; and what I
am pointing out to my honourable friend is thisthat an opportunity still exists, an
opportunity is still provided, and it is for the Railwaymen's Federation to inform the
Railway Department what will be the exact date on which they will meet the Railway
Department.........
Diwan
Chaman Lall :
May I ask my honourable friend once again whether it is a fact that the Government have
denied to the Railwaymen's Federation any information regarding the number of people that
they have decided to retrench, and secondly, whether they have refused to appoint an
adjudicator, and thirdly whether they are still continuing to retrench men? I think about
10,000 have already been retrenched. Where then is there the further question of
negotiation when the Government has taken up this point of view ?
The
Honourable Dr. B. R. Ambedkar: I
think my honourable friend forgot, when I got up to intervene in this debate, that I said
I would confine myself to the question of adjudication. The rest of the question as to how
many will be retrenched, whether they will be retrenched, if retrenched how they will be
dealt with, all that is a matter which I am sure will be dealt with by my Honourable
colleague who will reply after I have finished. As I said, I am only discharging the
responsibility that falls on the Labour Department. The point that I was making was that
unless and until the Labour Department is satisfied that there is no further room for
settlement, it would be impossible, it would be unfair and quite contrary to established
procedure for the Labour Department to intervene and say " We shall appoint an
adjudicator". The point I was making, therefore, is thisthat this motion, at
any rate that part of the speech of my Honourable friend who accused the Labour Department
of not having stepped in at the right moment, is certainly too premature, and I think if
he will bear in mind the facts I have disclosed, he would himself voluntarily withdraw the
statement that he made that the Labour Member was fiddling. I certainly was not.
Then
let me come to the other side of the question. It is true that under the Defence of India
Act, the Government does possess the power to appoint an arbitrator under rule 81 of the
Defence of India Act. But I think it is only fair to mention that although this is an
emergency legislation, we are not altogether precluded from observing such canons of
judicial consideration from exercising the powers that we possess under rule 81, that is,
arbitration. For the purposes of arbitration we must have a dispute in existence. As I
have said, at the present moment there is no dispute ; the matter is under consideration.
Secondly, before any adjudication is made, we must be satisfied that the dispute relates
to terms and conditions of employmentfor instance, that the dispute relates to hours
of work, to wages, and to points of that kind. What is the point that is at dispute
between the Railway Department and the Indian Railwaymen's Federation ? I am sorry to say
that the Railwaymen's Federation has certainly not conducted its case in the way in which
it ought to have conducted it. They have certainly have gone and done a great deal of harm
to themselves. The point, I would like to make in this connection is thiswhat is the
point on which the Railwaymen's Federation is stressing all through ? Is it a point that
relates to hours of labour ? Is it a point that relates to wages ? I say definitely that
the points of dispute do not relate to either of these two points. It is quite true that
the Railwaymen's Federation has passed a number of resolutions many of which refer to
hours of work and to conditions of labour. But we have got to make a distinction between
what are called fundamental points of dispute and points which are merely tagged on. If
one were to examine the resolution that has been passed by the Railwaymen's Federation, we
find that the gravamen of their complaint is that the railways shall not reduce a single
workman. Questions relating to hours of labour and questions relating to wages are just
tagged onthey are not the points of difference. In order to substantiate what I am
saying, the fundamental point of dispute between the railways and the Indian Federation of
Railwaymen is the question of retrenchment, the question is as to how many persons will be
employed and how many will be discharged. I would like to point out one or two other
circumstances.
The
first is thisas I said, in their letter of the 5th of October 1945, they had put
forward some fifteen or fourteen demands. A conference was arranged between the Labour
Department and the President of the Indian Railwaymen's Federation, Mr. Giri, in order to
assess and find out what exactly were the points which they regrded as fundamental. and I
should like to tell the House that although there were fifteen resolutions, only three
points were placed before the Labour Department for consideration. The rest of them were
regarded by the Railwaymen's Federation as matters of no consequence. Again when a formal
meeting was brought about the Railwaymen's Federation and the Railway Department, even the
there points that were raised before the Labour Department were dropped, and the only
point that was taken up was the question of retrenchment. With all respect to the
gentlemen who have spoken and to the President of the Railwaymen's Federation, I must
confess rny utter inability to understand how, for instance, a question as to how many
people should be employed by a particular department, can be treated as a justiciable
dispule. I am waiting, as I said, for the president of the Railwaymen's Federation to
evolve out of the negotiations with the Railway Department some point which might be
regarded as justiciable, so that the Labour Department may find it is worthwhile to
intervene and to persuade that an adjudication be made. Sir, I think that a censure motion
is not deserved.
55
[f.16]
Proposed Evacuation of Villages in the Prosecution of the Damodar Scheme
Mr. President : Then there is the motion of Mr.
Ram Narayan Singh, about the proposed and forced evacuation of thousands of people of
hundreds of villages of the Hazaribagh, Manbhum and Sonthal Parganas districts of Bihar
from their homes and hearths in the process of the prosecution of the Damodar Scheme. I
should like to know what exactly the Honourable Member means by this motion.
Babu Ram Narayan
Singh (Chota Nagpur Division : Non-Muham-madan) : Sir, land acquisition proceedings
are going on in some of the districts. In the process of the prosecution of the Damodar
Scheme, several villages are going to be occupied by the Government and the people are
about to be asked to evacuate those areas.
Mr.
President :
May I know when the scheme was started and how far it has proceeded ?
The
Honourable Dr. B. R. Ambedkar
(Labour Member) : I would like to submit that at this stage there is absolutely nothing to
be discussed. Government has no doubt under contemplation putting certain dams on the
Damodar River, which flows through Bihar and Bengal; but with regard to the specific
questions raised in this adjournment motion, which speaks of forced evacuation, all I have
to say is this : that we are at a very very preliminary stage : we are merely making an
inquiry as to how much land would be submerged by the enclosure of this water, what would
be the area that would be affected, etc., and we are trying to see how many persons will
have to be evacuated, the nature of their holdings and what rights they have. There is
really nothing specific ; no action has been taken by Government at this stage which could
be the subject-matter of discussion ; and what I would like to say is this : that I hope
when the government has come to some definite conclusion
in this matter I shall be able to circulate a paper to the House containing the
conclusions of Government and members can then raise the matter for discussion in any way
they like.
Babu Ram Narayan
Singh: My information is that the land acquisition proceedings are going on in the
Hazaribagh district and they are asking people to go away.
Mr.
President :
Is the Honourable Member sure that those proceedings are in respect of this very scheme ?
Babu
Ram Narayan Singh : Yes.
Mr.
President :
But it appears that the Government has done nothing so far.
The
Honourable Dr. B. R. Ambedkar :
Government are merely acquiring some land for the purpose of having access roads.
Mr.
President :
In connection with this scheme ?
The
Honourable Dr. B. R. Ambedkar :
Yes: they have only served notices in order to prepare some access roads. No question of
evacuation has arisen at this stage.........
Mr.
President :
The acquisition is for the purposes of collection of data ?
The
Honourable Dr. B. R. Ambedkar:
There is no question of acquisition at this stage at all. No doubt if government decide to
construct certain dams on the Damodar River, certain approach roads must be made for that
purpose ; and for that purpose they have served notices on a few people in order to
acquire small strips of land for the purpose of making roads. As to the specific question
raised in the adjournment motion regarding forced evacuation of thousands of people in
hundred of villages in the Hazaribagh districts and Manbhum and Sonthal Parganas, from
their homes, it certainly does not arise at this stage because government has no idea as
to what will happen, if I may say so. It is very very preliminary.
Mr.
President:
The difficulty I am feeling about this is that, if government have decided that the dams
should be put up and if they are taking steps initially for approach roads, what does it
matter whether they have been able to ascertain or not as to how many people will have to
be evacuated, because the dam will be an established fact ?
The
Honourable Dr. B. R. Ambedkar:
No, Sir; we are still consulting consultants from outside to help us as to what correct
decision we should take. I submit it is very preliminary. I can make no statement to the
House at all.
Mr.
President:
What I want to know is, have the government decided that the dams should be put up ?
The
Honourable Dr. B. R. Ambedkar :
It is their projectit is not a final project as yet.
Shri
Mohan Lal Saksena
(Lucknow, Non-Muhammadan Rural) : May I understand that it will come up before the House ?
The
Honourable Dr. B. R. Ambedkar :
It is under examination. We have not yet got the financial sanction for it.
56
[f.17]
Workmen's
Compensation (Amendment) Bill
The
Honourable Dr. B. R. Ambedkar (Labour
Member) : Sir, I move.
"
That the Bill further to amend the Workmen's Compensation Act, 1923, be taken into
considertion."
This
is a very simple Bill and the purpose of the Bill is to rectify an injustice caused in the
present circumstances to a workman who is drawing Rs. 300 as his wages. As Honourable
Members are perhaps aware, under the defination of a " Workman " in the
Workmen's Compensation Act, the right to compensation is limited to those workmen who draw
up to Rs. 300 as their wages. Before the war it was possible for every workman who drew
Rs. 300 as his wages to get the benefit of this Act. Since the introduction of War
allowances and other measures such as the grant of dearness allowance, bonuses, good
conduct pay and other payments which have been granted to the workmen what has happened is
that a workman who formerly got compensation is now deprived of that compensation because
his wages come to more than Rs. 300. This is due to the reason that under the definition
of the term " wages " as given in the Workmen's Compensation Act all that extra
remuneration which the workman gets other than wages is regarded as part of his wages for
the purpose of computing his compensation. The result is that a workman who formerly was
to get compensation now does not get it. The Bill seeks to protect such a workman by
increasing the maximum monthly wages from Rs. 300 to Rs. 400. The Bill therefore has two
provisions in it, one is to amend the definition of the workmen so that instead of
limiting the wages to 300 it raises to 400, and secondly, to amend schedule IV to the Act
which prescribes the compensation which a workman is entitled to get for death, permanent
total disability and temporary disability.
As
I said. Sir, the Bill is a very simple measure. It merely copies what has actually been
done in Great Britain. There too, in order to protect the rights of a workman who
originally got compensation, the limit of wages has been raised from £ 350 to 425. The
Bill is not only a simple measure, but it is also a non-contentious measure. The Provinces
have been consulted with regard to the provisions of this Bill and they have unanimously
agreed to the amendments which are made by this Bill. The proposal also was put forth
before the Standing Labour Committee and there too it has secured the unanimous approval
of all members of the Committee. Sir, I do not think I need expatiate at a very great
length on the provisions of this Bill. With these observations, Sir, I move.
[f.18]Mr.
President :
The question is
"
That the Bill further to amend the Workmen's Compensation Act, 1923, be taken into
consideration." The motion was adopted. Clauses 2 and 3 were added to the Bill.
Clause I was added to the Bill. The Title and the Preamble were added to the Bill.
The
Honourable Dr. B. R. Ambedkar:
Sir, I move.
"
That the Bill be passed."
Mr.
President :
Motion moved.
"
That the Bill be passed."
* * *
[f.19]
Mr. President :
Has the Honourable Member anything to say ?
The
Honourable Dr. B. R. Ambedkar : As I said this Bill is brought forward for the purpose
of rectifying the injustice done to a particular class of workmen. It is not a Bill which
is intended to do anything more than that. All that I can say at this stage is that I
shall bear the points that have been made by my Honourable friends who have spoken on this
Bill and see whether something can be done in order to give effect to the suggestions that
they have made. I might tell the House that we have in contempletion a Bill which deals
with State insurance, which will include sickness insurance, workmen's compensation,
maternity benefit, more or less on the lines of the social security measures adumbrated in
England, and I think my friend will find that some of the suggestions, namely that the
alteration of the system of lump-sum payments into periodical payments are being carried
out in that measure. Mr. President : The
question is " That the Bill be passed." The motion was adopted.
57
[f.20] The Honourable Dr.
B. R. Ambedkar (Labour Member) : Sir, I move.
"
That the Bill further to amend the Indian Mines Act, 1923. be taken into
consideration." This Bill is a very simple measure.
[(At
this stage, Mr. President vacated the Chair which was then occupied by Mr. Deputy
President (Sir Mohammad Yamin Khan).]
The
purport of the Bill is to impose an obligation upon the mine owners to provide pit-head
baths " equipped with shower baths and locker rooms for the use of men employed in
mines and of similar and separate places and rooms for the use of women in mines where
women are employed and for prescribing either generally or with particular reference to.
the numbers of men and women ordinarily employed in a mine, the number and standards of
such places and rooms." I do not think there can be any dispute as regards the
necessity of providing pit-head baths. It is bound to improve the self-respect of the
miner and I am sure about it that it is very desirable that he should return home a clean
person, if possible with clean clothes. This measure has been considered by the Coal Mines
Advisory Committee which has been appointed by Government in order to administer the Coal
Mines Welfare Fund. The Committee has unanimously accepted the proposal that pit-head
baths should be an obligation of the colliery owners. In order to give effect to it, the
Bill provides that under the rule-making power which is given to the Government of India
under section 30 of the Mines Act, the Government shall have the power to make a rule
prescribing pit-head bath. That is the main purpose of the Bill.
The
second clause of the Bill does nothing more than exempt Government from following the
usual procedure in the matter of making rules under the Coal Mines Act which are
prescribed by Section 31. Section 31 says that any rules made under the Act shall be first
published and then passed. We wish to exempt the rules that we propose to make under the
provisions of this Bill from the provision of previous publication prescribed under
Section 31. The reason for providing such exemption is that we are very anxious that this
liability not only should be imposed, but should be carried out immediately, we wish to
avoid delay. In fact, I might tell the House that the Government are so anxious to have
this system of pit-head baths introduced in all coal mines immediately that Government
themselves have made a provision by which they are prepared to offer ten per cent of the
capital cost of the baths to colliery owners if they undertake to provide such baths
within twelve months. In order that this may be done, we do not propose to have these
rules subjected to the provision of Section 31. The Bill is so essential and so simple and
so non-controversial, that the House will accept it without much ado Sir, I move.
Mr. Deputy President : Motion moved. " That the Bill further to amend the Indian
Mines Act, 1923, be taken into consideration."
*
*
*
The
Honourable Dr. B. R. Ambedkar :
We want to hasten this thing and that is why we offer this kind of encouragement, that if
a mine owner does construct these baths within twelve months from a given date he will get
this concession. Otherwise, he will not get it and he will have to do it at his own cost.
Pandit
Govind Malaviya : Will not that purpose be served if it were laid down that the mine
owners shall get those baths ready within twelve months......... The Honourable Dr. B. R.
Ambedkar : We must give some time.
*
*
*
*[f.21]
The Honourable Dr. B. R. Ambedkar : Sir, I did
not think that my Honourable friend Mr. Siddiqui, would be so much perturbed, he is
not here in the House just nowby the shower baths. But I would like to tell the
House that the question whether there should be shower baths or not is not an idiosyncracy
on the part of the Government or their own innovation. There is, as I told the House, an
Advisory Committee, representative of coal miners, coal owners, representative of the
Bengal Government and Bihar Government, which advise Government in the matter of the
administration of what is called the Coal Miners' Welfare Fund. This question of the sort
of baths that should be provided was put before the Committee and I would like to tell the
House that in this Committee there are not only representatives of trade unions, but there
are representatives actually of workmen and workwomen. There is one representative of
actual coal miners and there is one representative of women miners and it is with their
unanimous assent that Government decided to have shower baths.
So
far as I am able to see, I should have thought that a shower bath would be far more
effective in the matter of cleaning the person of a worker in coal mines than immersion in
water or holding oneself under a running tap. I may also further add that this decision of
having shower baths was taken by Government as a result of the experience of Messrs. Tata
Iron and Steel Co. Ltd., at their colliery in Digboi. These shower baths have been in
existence for a considerable time there and to our great satisfaction we found that the
workers were making very good use of the shower baths and that they had no sort of
objection at all. With regard to the question of soap, I can give the assurance to the
House that we do intend to provide soap to every miner under certain regulations, and I
think the House need have no anxiety on that account.
I
hope this will satisfy Honourable Members. An Honourable Member said that this is merely a
declaration and that there is no penalty. If the Honourable Member concerned were to refer
to section 39, he will find that that is a general penalty clause which imposes penalties.
Prof.
N. G. Ranga : There is only one little difficulty in regard to women. They do not want
their hair also to be washed with mere water ; they may require oil or something.
The
Honourable Dr. B. R. Ambedkar:
They may be provided with caps.
Mr.
Deputy President:
The question is
"
That the Bill further to amend the Indian Mines Act 1923, be taken into
consideration." The motion was adopted. Clause 2 and 3 were added to the Bill. Clause
I was added to the Bill. The Title and the Preamble were added to the Bill. The Honourable
Dr. B. R. Ambedkar: Sir, I move. " That the Bill be passed.." The motion was
adopted.
58
[f.22]
Factories (Amendment) Bill
The Honourable Dr.
B. R. Ambedkar (Labour Member): Mr. President I move :
"
That the Bill further to amend the Factories Act, 1934, be taken into consideration
". The Bill has altogether seven clauses; but of these seven clauses there are only
two which are fundamental. They are clause 2 and clause 7 of the Bill. These two clauses
deal with two separate questions. Clause 2 deals with the question of reduction in the
hours of work and clause 7 deals with the rate of payment for overtime.
Taking
for consideration the first question, namely, the reduction in the hours of work. I would
like to state to the House what the present position is. The present position is that
under section 34 of the Factories Act, for perennial factories the maximum hours of work
per week are fixed at 54, while for the non-perennial or seasonal factories the total is
60 hours a week. Clause 2 of the Bill proposes to make changes in the maximum hours of
work fixed by section 34 for perennial factories the maximum is fixed at 48, while for the
seasonal factories the maximum is fixed at 54. It might be desirable to mention to the
House why Government has thought it necessary to bring this amending measure.
As
some members of the House will remember, this question regarding the hours of work in
factories was considered for the first lime in a convention which was held in Washington
in the year 1919. The convention fixed 40 hours as the maximum for factory labour, but on
account of the special conditions prevalent in India, the conference agreed to allow India
to retain the maximum of 60 hours, which was then prevalent. Consequently, the Government
of India allowed the 60 hours limit to continue. The matter was then examined by the Royal
Commission on Labour, and Royal Commission on Labour recommended that although the
international convention did not put any obligation upon the Government of India to bring
the Factory Law in consonance with the convention established in Washington, they
recommended that nonetheless it was necessary that the hours of labour in India should be
fixed at 54. That recommendation was accepted by the Government of India and an amending
Bill was brought in the year 1934, underwhich the present maximum which is fixed by
section 34 was brought into operation. The Government of India now think that time and
circumstances have arisen whereby it is necessary that the Indian factory workers should
be allowed the benefit of the maximum hours of labour that were fixed by the Washington
Convention ; and that is the reason why this Bill has been brought forward.
I
need not cleborate the reasons why Government regards this matter as somewhat emergent.
But I might mention briefly the considerations that have moved the Government of India to
bring forward this measure. I think it will be agreed that apart from other
considerations, if one were to take into account only the climatic conditions that prevail
in this country, it would be agreed that for that, if for no other reason, the hours of
work in a country like India ought to be much less than the hours of work that are
prevalent in other countries. There is also the other reason, namely, that during the war,
under section 8 of the Ordinance, we had permitted the Provincial Governments to allow
many exemptions from the provisions of the Factories Act which had the effect of
increasing the hours of work for factory labour and the Government thinks that the strain
arising from the extension of the hours of work during the period of the war was so great
that it is necessary in the interests of the health of the workers that they ought to be
now granted a substantial relief. I might also mention to the House that the Government
also thinks that this measure will have some salutary effect in the matter of relieving
unemployment which is likely to arise as a result of retrenchment. If 48 hours and 54
hours which have been fixed by the present Bill......
Sjt.
N. V. Gadgil
(Bombay Central Division: Non-Muhammdan Rural) : Make it 40.
The
Honourable Dr. B. R. Ambedkar :
............ were to be of universal operation, it is, I think, logical that more people
would be employed than are employed now and that to some extent it would be a relief in
our post-war difficulties. Some members are probably thinking that this might be a very
radical measure. I would like to disabuse them of any such notion. The Bill does not make
any radical change in the practice which exists at present and I would like to give the
house some figures in order to show to what extent 48 hours in perennial factories and 54
hours in seasonal factories have become the order of the day. In the year 1939, there were
altogether1 am giving figures of perennial factories8,644 factories. Of them
2,315 were working at the rate of 48 hours a week which gives a percentage of 27 per cent.
In 1940, the total number of factories was 8,115 and those that worked on 48 hours were
2,525 which gives 28 per cent of the total. In 1941, the total was 10,261. Those that
worked on 48 hours were 2,921 which was 29 per cent. In 1942, the total was 10,483. Those
that worked on 48 hours was 2,687 which gives a total of 26 per cent. In 1943, the total
was 11,239. Those that worked on 48 was 2,761, which gives a total of 25 percent. In 1944,
that total was 11,835. Those that worked on 48 hours was 3,191 which gives a total of 27
per cent. The same facts with regard to seasonal factories are as follows. In 1939, there
were 6,252 factories. Of them 2,409 worked on a basis of 54 hours which gives 39 per cent.
In 1940, the total was 6,239. Of them 2,440 worked on the basis of 54 hours, which is
again a total of 39. In 1941, the total was 6,265. Of them 2,439 worked on 54 hours which
again is a percentage of 39. In 1942, the total was 5,925. Those that worked 54 was 2,358
which gives 40 as the percentage. In 1943, the total was 6,255. Of them 2,398 worked on a
basis of 54 which gives a percentage of 40. In 1944, the total was 5,950 and of them 2,368
worked at the rate of 54. That gives 40. (An Honourable Member : " The rest is more
than 54 hours " ) Not beyond the maximum but above the figures now fixed in the Bill.
Shri.
Sri Prakasa
(Benares and Gorakhpur Divisions: Non-Muhammdan Rural) What is the number of men employed
?
The
Honourable Dr. B. R. Ambedkar:
I am coming to that. Looking at the matter from the point of view of the hands, we
unfortunately have not got very complete data but from the reports of the Fact Finding
Committee which the Government of India appointed recently, the figures collected stand as
follows. The total factory hands both in seasonal and non-seasonal factories comes to
25,20,251. These are the latest figures for 1945. Those that were employed in factories
working at 48 to 54 comes to 9,47,000 which is 37 per cent, of the total. It will
therefore be seen that there are already a great number of factories both perennial and
seasonal which have practically adopted the maximum which is now fixed in the Bill and
from that point of view it cannot be said that the Bill is making any very great radical
change in the situation as it exists today.
There
is one other point which has been raised by the critics of the Bill to which I would like
to give a reply. It has been said that this Bill will affect production, and that it will
reduce production and this point has been emphasized, if I may say so, by the cotton
textile mills. They have contended that from their point of view and from the point of
view of the country this is an inopportune measure. There is a great deal of shortage of
cloth in the country. In fact there is a cloth famine and they say that if anything was
necessary in the circumstances of the day, the mills, particularly the Cotton mills, ought
to have greater latitude in the matter of hours of employment, so that the deficiency in
the matter of cloth production might be made up. Now, I had an examination made of the
effect of the reduction in the hours of labour on production, particularly with regard to
the cotton mills by the Labour Department and I have here some very interesting figures. I
have a great lot of figures but I do not want to weary the House with them but I will just
refer to the consumption of cotton, increase of loom, spindles and so on, so that the
house may get an idea. Now, I take the figure for the year 1934, the year in which the
change in the hours of work was made last time. They were brought down from 60 to 54. Now,
in 1934, the position was as follows. There were 352 mills. There were 9,613,174 spindles,
194,388 looms, 384,938 hands employed and the number of cotton bales consumed was
2,703,994. Take the next year, 1935, when the provisions of the Act became effective. The
number of mills had increased to 365. Spindles had increased to 9,685,175, looms had
increased to 1,98,867. The number of hands increased to 4,14,884. The bales consumed
increased to 3,123,418. I will take the last year available to me, that is 1938. The total
number of mills had increased to 380. The number of spindles had increased to 1,020,275.
Shri.
Sri Prakasa :
Will the Honourable Member give them in lakhs ?
The
Honourable Dr. B. R. Ambedkar:
They are all given here in millions. The notation which I am using is quite famliar to the
Honourable Member on the other side. He is not so ignorant as he is showing himself to be.
The
number of looms is 200,286; hands employed were 437,690, the number of cotton bales
consumed 3,662,648. Therefore, my submission is that so far as experience of the past is
any guide to the consequences of the future, I am sure that any such fear that may be
entertained is unfounded. However, the Government of India does recognise that there is
cloth famine, if not famine, there is shortage of cloth and that under the circumstances,
it would be necessary to make some provision, so that should occasion arise, the mills or
the other establishments which require longer hours to work may have the liberty to do so.
Accordingly, there has been inserted in the Bill a clause which is clause 5 and which
amends section 44. It will be seen from the wording of the clause that power is given to
the Provincial Government to extend the operation of the order for six months at a time,
it was proved that public interest as distinguished from emergency existed. There is
already provision for suspending the provisions of the Factory Act whenever there is
emergency. It was felt that the shortage of cloth may not be regarded as an emergency and
consequently Provincial Governments may not be in a position to use the sections which
exist at present in the Act. Consequently as a measure of greater precaution, the
Government has inserted in the Bill a clause which now makes provision for another
category of situation which is called public interest. So, I hope that that clause will
allay such fears as the cotton textile millowners may have with regard to the effect of
the Bill on the production of cloth.
Sir,
the other clauses, namely, clauses 3, 4 and 6 are purely consequential Clause 3 reduces the daily maximum from 11 to 9
for perennial factories and from II to 10 for seasonal factories. That is in consonance
with the major change which we are making by fixing a new maxima for perennial and
seasonal factories. Clauses 4 and 6 merely reduce the spread over from 13 hours to 12 and
I am sure they need no comment from me. With regard to the second main provision of the
Bill which as I said deals with the rate of payment for overtime, Honourable Members will
see that the existing Factory Act does not have a uniform rule with regard to payment of
overtime. In fact, there are two different rules, one for perennial factory and the other
for seasonal factory. For the seasonal factory, if the hours of work are above 60, then he
gets 1 1/2 for the non-seasonal factory,
there are really two different rates. If the working hours are between 54 to 60, then the
overlime is 1 1/2 times, if it is above 60, it is 1 1/2 times. As Government thinks that
as this distinction or differentiation in the rates of payment of overtime is unjustible,
that it is desirable that there ought to be one single rule for overtime, irrespective of
the nature of the factory, to which the rule applies. Consequently the amendment in the
Bill proposes that for all overtime, the rates should be one and a half times. I hope that
the house will realise that this is a simple measure, that it is a measure long overdue
and that it will give its support to this belated measure of bringing Indian legislation
in accord with the standards laid down by the International convention. Sir, I move.
Factories
(Amendment) Bill
[f.23]
The Honourable Dr. B. R. Ambedkar :
Sir, I have listened to the speech which the Mover made in support of his amendment and if
that speech was the only speech in support of the amendment I certainly would have
resisted the amendment, because, so far as I was able to hear, the Honourable the mover of
this amendment said that the reason why he had moved his amendment was because I had not
explained in my speech whether the Government of India, before putting forth this Bill,
had consulted the different Partics to this measure. I certainly failed to say so but I
thought that the Honourable member of this house were aware of the fact that for the last
several years there has been in existence an institution called the Labour Conference
which meets annually and which has a Standing Committee which meets every quarter. It
consists of the representatives of labour, the representatives of employers and the
representatives of the Provincial Governments. The Government of India, in so far as it is
possible, for it to do so, always put forth their legislative measures before the
Conference in order to ascertain the opinion of the different Partics to those measures.
The same, Sir, has been the case with regard to this particular measure. I have no
particular information with me now as to how many times this measure had come before the
Standing Labour Committee or the Labour Conference but I have not the slightest doubt in
my mind that this measure was discussed threadbare in one of the two bodies (I forget
which). We had come to know that the cotton millowners had certain difficulties and
certain objections and it was to meet their point of view that a particular amendment was
made. Having regard to that, I do not think that there is any substance in the point made
by the mover of this amendment. As I said, if that was the ground and the sole ground, I
would have resisted, but, Sir, the debate as it developed has taken a very curious turn.
Prof.
N. G. Ranga (Guntur-cum-Nellore : Non-Muhammdan Rural) : A very welcome
turn.
The
Honourable Dr. B. R. Ambedkar :
It is probably a welcome turn. I have noticed from the speeches that have been made from
different part of the House that there is now a regular competition in love for, labour.
One section says one thing and another raises it as though it was an auction by making a
higher bid and third one still further.
An
Honourable Member :
You can bid higher.
The
Honourable Dr. B. R. Ambedkar :
In all these debales I am rather unhappy that there were persons in the House who were
members of the Royal Commission and who ought to have taken a personal interest in seeing
that the measures which they had recommended when they were members of the Commission were
put forth, if not from the Government side, at least from the non-official side, should
turn my inside out and represent that I was a Tory of Tories. I do not accept that charge
but I do feel that it is necessary that this Bill should go to Select Committee so that
all the statements that have been made, the claims that have been put forth and the view
points that have been urged should be put to the test of actual voting in order to sec
whether the sentiments that have been expressed are mere sentiments or that they are real
convictions. If I did not do so, it is open to the members of the Opposition side to say
that as I was a Tory and do not want to advance the Bill beyond the limits that have been
fixed, that I on that account shirked accepting this motion. I therefore accept the
motion. (At this stage Honourable Members rose in their seats).
*
*
*
[f.24]
Sri R. Venkatasubba Reddiar:
To the names I have already submitted in regard to the Select Committee, I want to add two
more namesSri T. A. Ramalingam Chettiar and Rai Bahadur Bhattacharyya.
The
Honourable Dr. B. R. Ambedkar : I
accept them.
Mr.
Deputy President :
The question is :
"
That the Bill be referred to a Select Committee consisting of the Honourable Sir Asoka
Roy, the Honourable Dr. B. R. Ambedkar, Prof. N. G. Ranga, Sjt. N. V. Gadgil, Mr. Vadilal
Lallubhai, Diwan Chaman Lall, Pandit Balkrishna Sharma, Mr. Muhammad Nauman, Mr. Muhammad
M. Killedar, Sir Hasan Ahrawardy, Mr. S. C. Joshi, Mr. A. C. Inskip, Miss Maniben Kara,
Mr. S. Guruswami, Chaudhry Sri Chand, Sri T. A. Ramalingam Chettiar, Raj Bahadur D. M.
Bhattacharya, and the Mover, with instructions to report on or before the 7th March, 1946,
and that the number of members whose presence shall be necessary to constitute a meeting
of the Committee shall be five." The motion was adopted.
59
The Honourable Dr.
B. R. Ambedkar (Labour Member): Mr. President, In the course of the
observations that fall from the Leader of the European Group, he said that they were not
quite sure whether the resettlement and rehabilitation plans of the Government of India
were proceeding apace in order to meet with the volume of demobilisation that was going
on. Sir, it is for this purpose that I rise now in order to give the House the requisite
information on this subject. Sir, the subject of resettlement is divided into two parts :
settlement on land and settlement in industry. The question of the settlement on land is a
matter which has been left for the Provincial Governments to carry on. The reason for
leaving settlement on land to the Provinces is, I think, quite obvious to the House. The
land, by constitutional law, is the subject matter of the Provincial Government. Obviously
no matter what argument there may be in support of the position that the whole subject
matter of resettlement should be under one Central Government, that argument could not
dislodge the opposite argument which is founded on the fact that the land is a Provincial
subject. It is, therefore, by mutual agreement that that question has been left to the
Provincial Government. The only subject that the Government of India deals with is
resettlement in industry. It is on this subject that I propose to give some account to the
House.
The
subject of resettlement has been placed under the charge of the Directorate-General of
Resettlement and Employment. The department or branch is divided into seven different
categories ; (1) Employment Exchange, (2) Technical Training, (3) Vocational Training, (4)
Rehabilitation of the Disabled Soldier, (5) Canvassing employment for ex-servicemen and
the disabled, (6) Follow-up service, (7) Statistics of Discharges and Releases.
The
functions relating to canvassing of employment for ex-servicemen and the disabled soldier
as well as the next function of what is called ' follow-up ' service and that of
statistics of discharges and releases, are obviously so necessary and so self-explanatory
that I do not think it is necessary for me to spend any time to explain why these services
have been instituted and what their purpose is. I will therefore leave these subjects for
Honourable Members to study from this book which has been issued by the Government of
India in the Labour Department. A copy of it is in the Library and if any Honourable
Member desires to have a copy for his personal use, I shall be very happy to circulate
them.
Sri.
M. Ananthasayanam Ayyangar : What is the title ? The Honourable Dr. B. R. Amebdkar : It is
" The Directorate-General of Resettlement and Employment ". Babu Ram Narayan
Singh : Please circulate it. The Honourable Dr. B. R. Ambedkar : Copies of it were given
to the Labour Advisory Committee the last time when it met. The only question on which
detailed explanation is necessary is in regard to the Employment Exchanges, Technical
Training, Vocational Training and Rehabilitation. I will take each item seriatim.
With
regard to technical training, the position is this. The Government of India have certain
technical centres for technical training. In those centres they have reserved at present
14,000 seats for demobilized personnel. The training, the maximum period of it, will be
for one year and the number of trades that will be taught in those technical training
centres will be about 48, the detailed list of which is given on page 55 as Appendix VII
of this booklet. Then, Sir, with regard to vocational training : it deals with training in
agriculture, in dairy farming, in cottage industries, in clerical and commercial
occupations. The scheme is at present prepared and is sent round to the Provincial
Governments for their approval. The proposal is that in these vocational training centres
20,000 seats will be reserved for training in occupations relating to agriculture and
50,000 in other occupations.
Coming
to the question of Rehabilitation. This matter is shared between the War Department and
the Labour Department, and the reason for such sharing will be obvious. The rehabilitation
of a soldier, who has received injuries in the course of the war obviously falls into two
stages. The first stage is the medical stage where questions of healing the wound and
post-hospital rehabilitation are of primary importance. Obviously, the soldier being in
the service of the War Department, this matter has been left to the War Department to deal
with. After he has come out of the first stage of rehabilitation, which is the medical
stage, he is handed over to the Labour Department and the Labour Department then deals
with him. For the purpose of dealing with the rehabilitation of a soldiar, the Labour
Department has two sorts of centres opened in this country. One is called the basic
Centre. The accommodation provided is for 5,000 such persons. The second sort is the
special training centre. There the accommodation provided is for 3,000 persons. The
purpose of the Basic Centre is to test the aptitude of the man. What are his aptitude ?
What is it that he is likely to be the special training centre where he is taught some
occupation which is most suitable having regard to the particular sort of injury that he
has received. The Labour Department plans to open altogether six centres for dealing with
soldiers requiring rehabilitation. They have opened one at Jaladi near Bangalore and they
propose to open another very soon in Aundh near Poona.
I
will now come to the question of Employment Exchanges, which of course is the most
important part of the resettlement plan. With regard to the Employment Exchange, the
labour Department has come to the conclusion that it would be enough to start with 71 such
Employment Exchanges. They have today on the ground set up 38 such Exchanges and before
long, they hope to complete the maximum number they have decided upon.
Now,
Sir, I know that there is a certain amount of criticism both from members of the House as
well as from the public outside that the question of setting up of Employment Exchanges is
not progressing as rapidly as it should and I should like to meet that criticism by
submitting to the House certain facts which would show why the labour Department cannot
rush the starting of these Employment Exchanges. The one thing which is necessary to
remember is that unless and until an employment exchange is managed by a man who has had
training, it is bound to fail. Let it be remembered that Employment Exchanges are a very
specialised sort of workthe most specialised type of work.
An Employment Exchange would completely fail if it
were placed in the hands of a man who is not trained for the job. Therefore, before
starting any Employment Exchange, it is necessary to give a certain amount of training to
a man who is to be in charge of the Employment Exchange. That is, therefore, one
difficulty why it has not been possible to rush in the matter of starting our Employment
Exchanges.
Mr.
P. J. Griffiths : Where is the training done ?
The
Honourable Dr. B. R. Ambedkar : I am just coming to that. We have therefore established a
training centre in Delhi. It is a sort of a school in the charge of Mr. Jones, whose
services have been lent to us by the Labour Department in England. He runs this training
centre. In that centre training is given in all aspects of the employment of an Employment
Exchange.
Prof.
N. G. Ranga : How many are you training at a
time ?
The
Honourable Dr. B. R. Ambedkar : I
am sorry I cannot give you the exact figure. These books will give the information. I
believe 35 at a time.
Prof.
N. G. Ranga :
How long do you take to recruit them ?
The
Honourable Dr. B. R. Ambedkar :
The difficulty arises from the fact that all these posts to be filled on the
recommendation of the Federal Public Service Commission and the minimum time that the
Federal Public Service Commission takes is somewhere about three months. I do not know
whetherand I am not prepared to say that the time taken by the Federal Public
Service Commission is unduly long. (Interruption by Prof. Ranga) I am merely stating the
reason why it has not been possible to start them soon. The first difficulty is that it
takes a pretty long lime to have a man recruited through the Federal Public Service
Commission. Secondly, after he has been recruited, we have to give him training. All this
therefore takes time and I do not regard the time taken as wasted.
Another
point which people, who criticise the Labour Department for not having set down all the
Exchanges, raise is this. The Labour Department have not got all the Exchanges on the
ground. This does not mean that there is no organisation on the ground which is able to
deal with the subject. As might be known, there is already a Recruiting and Employment
Bureau in the War I department which has been doing this work and the policy of the
Government is that in course of time this organisation should cease to deal with this work
and the whole work should go over to the Labour Department. The Labour Department, while
it goes on increasing its Exchanges also goes on taking over the work that is at present
dealt with by this recruiting organisation in the War Department. Consequently, the fact
today is that there are really two different organisations working in full cooperation,
one in the Labour Department and another in the War Department and in course of time we
hope that all the work that is now carried on by the recruiting organisation will come to
the exchanges and we shall than be able to set up a full-fledged and competent
organisation to deal with this question of resettlement.
Sir,
I hope the House will be satisfied that the Labour Department is doing its best in the
circumstances in which it has been placed. I would just like to say one word. I think it
will be appreciated that this question of resettlement came to us as matter of great
surprise in view of the fact that the war closed before we expected. However, I am quite
certain that whatever is possible to be done within the short space of time that is
available to us is being done and I have no doubt that the soldier who is demobilised will
find this organisation of great use to him in meeting the difficulties which he is
confronted with in civil employment.
60
[f.26]
Welfare and Social Security of Workers
The Honourable Dr.
B. R. Ambedkar (Labour Member): Mr. President, the object of this cut motion is
quite clear from the notice which has been given by the Honourable Member. He proposes to
discuss the failure of the Executive Council to provide for three specific matters which
he has mentioned, namely, unemployment relief, adequate dearness allowance and social
security benefits. The first point of comment that I would like to make with regard to
this cut motion is this that if the cut motion was a general one, I have no doubt about it
that it should have stood on a different footing but as the House will see the cut motion
is restricted to the employees of the Central Government. And I venture to suggest that
this is a very grave fault in this cut motion. I do not know whether it is the wish and
the desire of the Honourable Mover of this cut motion that the Government of India should
frame its policy with regard to the three matters that he has referred to in such a manner
as to create a privileged class of workers in this country on no other account except that
they happen to be employed by the Central Government.
In
this country Government is not the only party that employs labour. There is a large amount
of labour employed by private employers. As everybody in this House would agree the
Government of India while framing its policy for the betterment of labour should frame it
in such a manner that it should not create a privileged class on the one hand and an under
privileged class on the other. The Government of India is not merely an employer of
labour. It is a State. It is a government and it has not only responsibility for those who
are in the immediate employment of the Government of India. It has also a responsibility
for labour in general. If therefore all these complaints which have been referred to by
the Honourable Mover have to be dealt with by the Government of India, it is incumbent on
the Government of India, as in duty bound to frame its policy in such a manner that the
policy shall benefit labour in general and not any particular class of labour.
Now
Sir, my Honourable friend mentioned that the Government of India maintains various classes
of allowances and salaries for different classes of its own employees. I confess that I am
painfully aware of that fact but what I would like to ask is thiswho is responsible
for the gradation which one sees now in the scale of payment either of basic wage or of
dearness allowance or of gratuity or any of the perquisites which the employees working
under the Government of India are receiving today. I have no hesitation in saying that the
fault entirely lies with the leaders of labour. Here we have got the Railwaymen's
Federation. Any one who studies the policy of the Railwaymen's Federation, I think, will
agree with me that it has always taken a parochial view of its own interests. The
Federation happens to be in control of a strategic service on which the essential life of
the community depends and they use that position for the purpose of coming down to the
Railway Department and insisting that certain privileges shall be given to them. I may
also say that they get certain Members of the Legislature interested in their case and
there develops a partisan spirit which is blind to all other interests and concentrates
itself on securing certain special privileges for railway workmen alone. The railwaymen,
although there is no open declaration to that effect, maintain that they must always be in
a leading position with regard to any other class of employees of the Central Government.
If the Postal Department is given something which happens to equate the scale of wages of
the postal employees with the railway employees, the railway employees immediately become
dissatisfied and they say that owing to the margin of privilege which custom, usage or
their position has enabled them to secure they must have a further increase, so that their
privileged position is maintained. This sort of thing is going on and the position of the
Labour Department has become completely difficult. My Honourable friend maintains or
rather suggested that the Labour Department was not establishing arbitration boards as it
should do but what is the advantage of appointing adjudication boards for specific cases,
for specific service each case being dealt with in isolation without relation to the
other. The result is you have ad-hoc boards, ad-hoc reports, ad-hoc decisions which have to be dealt with ad-hoc. The result is there is always a disparity,
always a divergence. Therefore the situation which we have at present is entirely the
result of the faulty organisation, if I may say so, of the working classes of this country
and particularly those who are employed under the Government of India. I think the House
will agree that the decision which the Government of India has recently taken in the
appointment of a Salaries Commission is a decision in the wise direction because the whole
question of the wage stracture in this country and the relation of wages paid by the
Government of India to its different classes of employees and the relation of wages paid
to them to the wages operating in private industry, will be examined by this Commission. I
hope that we shall be able to get some recommendations from this Commission from which we
shall be able to establish in this country some kind of a uniformity in the wage system,
so that everyone would know the underlying principles on which the wages are based.
The
other difficulty I find is that most of the employees of the Government of India, who are
employed in certain services which earn revenue, have come to regard that they have a
first charge on the revenues of their Department. The railway employees think that because
the railways are earning a profit, it is they who must get something, more than anybody
else, out of the profits that the railways have earned. If the Postal employees find that
the Postal Department has made a profit, they also raise a claim on the ground that their
betterment, a rise in the standard of their living, should be regarded as a first charge
on the revenues of that Department. Now, Sir, so far as I am concerned, I have not the
slightest doubt that I cannot accept that position and I shall always resist it. The
revenues earned by the Government of Indiano mailer whether they are raised by
taxation or whether they are raised by any commercial undertakingare the revenues of
India. They are not the revenues of any particular class of people. They are not the
revenues of any particular Department of Government of India. They are the revenues of the
Government of India and the whole general public has a claim on those revenues and, as
long as I am in charge of the Labour Department, I shall always resist any such claim made
by any class of employees, namely, that because their Department cams any profit, they
have the first charge upon it. That would lead to chaos and I am certainly not going to be
a party to it at all.
Now,
Sir, my friend, the Mover of the cut motion, has raised the question of unemployment. I am
not going to deal with the specific questions that he has raised, but I am going to deal
generally with the question of unemployment benefit and I have no doubt that that is a
most fallacious argument. Unemployment must be relieved by employment and not by any
relief as such. Unemployment by the payment of relief is a possibility when unemployment
is on a very small scale, when it is only a tail and not the body of it. In this country,
as everybody knows, practically over 50 to 60 per cent. of the people are unemployed and
we have to find employment for them. If anybody were to come forward and say that the 50
or 60 per cent. of unemployment that exists in this country ought to be relieved by the
payment of relief, I have not the slightest doubt in my mind that the State would come to
a ruination if it undertook that kind of obligation. My friend, therefore, must agree that
so far as unemployment is concerned, relief must be sought in the direction of a greater
industrialisation. It is only rapid and greater industrialisation that can give us relief
from unemployment, and as this House knows, the Government of India has already prepared
its plan and has already announced its decision with regard to Industrialisation. I will,
therefore, not dwell on that subject at any great length but I would like to tell the
House what exactly the Government of India has done with regard to the advancement of
general betterment and providing for social security with regard to the workers in this
country.
At
the Honourable House knows, the Government of India has already announced its policy with
regard to labour. I have no time to read the portions which deal with that question. This
information will be found in the second part of the Reconstruction Committee of Council
under Head XXV, pages 55 and 56. Nobody can, therefore, say that the Government has not an
objective in this matter. We have and we have laid down the objective. I will go a step
further and say that it is not that the Government of India has merely laid down its
objective but the Government of India has also prepared programme of action. With regard
to the programme of action, the House will know that the Government of India has appointed
or did appoint two years ago, a fact-finding Committee in order to take a survey of the
entire condition of workers in this country. So far, we have received 34 reports from this
Committee on 34 different industries besides one general report giving a bird's eye-survey
of all the specific reports that have been made. Of these reports, 18 have been already
printed and the rest of them are with the printers. Apart from obtaining this general
survey of industrial condition of workers, the Government of India have appointed a
Special Officer, Professor Adarkar, to prepare a report on the health insurance of workers
in this country. As I said, we have not only an objective, but we have a programme, and we
are now in possession of the facts on which any plan of social security could be based.
The next step now for the Government of India is to decide how to plan for social
security. As the House will know there are at present two views. One view is that we
should go stage by stage, as other industrial countries will, dealing with each case of
insecurity specifically and building an administrative machinery for the purpose of giving
relief in respect of that case of insecurity. There is another school which is more or
less influenced by the Beveridge Plan and which proposes to have an over-all policy of
security covering all cases of insurance at one shot. I do not wish to approach the issue
in any matter and to say as to which plan would be better. The Government of India propose
to appoint a Committee or such other body as it may be advised to tell the Government of
India, after examination of the reports that have been made as to the method by which they
should proceed in this mailer whether they should proceed stage by stage or whether they
should take up such ambitious plan as the one adumbrated in the Beveridge report. This
survey, which I have given which I am afraid is all too brief, I have had no time to
elaborate or to develop, will convince the house that the complaint made by the Honourable
Mover of this Cut Motion that the Executive council is complacent is indifferent and has
taken no steps to provide for the welfare and security of the workers is entirely
unfounded and I hope that the House will not accept the Cut Motion that is moved by him.
61
[f.27]
Muslims have fared much better in Labour Department
Mr. President : Discussion will now be resumed on
the cut motion of Mr. Jaffer.
The
Honourable Dr. B. R. Ambedkar
(Labour Member) : Mr. President, it must be within the recollection of many Members of
this House that many stones have been hurled at the Labour Department......
Nawabzada
Liaquat Ali Khan (Meerut DivisionMuhammadan Rural)Bricks, not stones......
The
Honourable Dr. B. R. Ambedkar
: Or bricks, during the last week which
preceded this cut motion. It is only fair that I should rise in my scat to state how the
position of Muslims stands in My Department. Yesterday I listened to a sort of running
commentary by the two speakers who spoke on this cut motion, they gave some figures
regarding the position of Muslim employees in the different Departments of the Government
of India. As I listened to that commentary, I cannot help saying that, having the facts
before me, I felt considerably proud that the Muslim employees under the Labour Department
had certainly fared much better than the story that was revealed by the speakers with
regard to other Departments of the Government of India. That this is no vain boast but
that it is supported by facts is what I propose to do during the few minutes that I
propose to occupy today. I have collected, and if I may say so, I have taken great pains
in collecting figures regarding the percentage of the employees of the Government of India
in the Labour Department, not only in the Labour section, but in the P.W.D. and in all
other attached offices, figures which show what the position of the communities is, the
position of the Muslims is as well as the position of the other minorities. But I quite
realise that within the time that I have it would be quite impossible for me to lay out in
completeness the position of these different communities, and therefore I propose today
merely to give the figures of Muslimsnot only the totals but also the percentages,
so that the members of the Muslim League Party may know what exactly the position is.
I
begin with the communal composition of the Labour Department secretariat, and in doing so
I propose to give not merely the figures as they stand now, but to give the figures on a
comparative basis. I think the comparative basis is very necessary and very essential. So
far as. I have been able to understand the working of this rule, I think I may say that it
is somewhat like shooting at a targeta target has a bulls eye, it has an inner
circle and it has an outer circle. The percentages are the bulls-eye, undoubtedly. But I
do not think that it would at all be possible for any member of the Government of India,
no matter what his personal predelictions may be, that he can arrange the services under
him in such a manner that he would always be able to hit the bulls eye. What I submit is
that there should be an 5endeavour on the part of every member to see that no community as
far as possible is pushed out of what is called the centre, and the question th erefore
that w e have to consider in passing judgement upon the doings of any particular
Department is to know whether the position of any particular class of employees in that
Department has deteriorated or has bettered, and from that point of view I think a
comparative statement is the proper way of studying this matter.
I
have collected figures in all cases for 1939 and for 1946-March. I said that I will first
present the figures with regard to the Labour Department Secretariat. The gazetted posts
in the year 1939 were 12 and the Muslim percentage was 8 per cent. In 1946, the total
number of gazetted post is 80 and the Muslim proportion is 20 per cent. I will give the
figures for the non-gazetted posts. In 1939 the total number of such posts was 75 and of
that the Muslims had 23 per cent. In 1946 the total number of posts was 457, and the
percentage of Muslims is 24.
Now
I will come to that much-talked of C.P.W.D. I will give the figures for the gazetted
posts. In 1939 the total number of gazetted posts in the C.P.W.D. was 43., of which the
Muslims had 21 per cent. In 1946 the total number of posts was 181, and notwithstanding
the difficulties to which my Honourable friend the Home Member referred in the matter of
observing the communal proportions during the war emergency, the Muslims had 21.1 per
cent. Now, this probably may not quite give enough comfort for the Mover of this cut
motion, and I therefore propose to take the time of the house further to analyse the
composition of the gazetted posts in the C.P.W.D. in the year 1946, taking the different
grades for finding out the percentages. In Superintending Engineers, the total posts are
14 and there is one Muslimwhich gives 7 per cent. Of Executive Engineers there are
64 and the Muslim percentage is 18 per cent. Electrical Engineers are 12 and the Muslim
quota is 6 2/3 per cent. Assistant Executive Engineers the quota for Muslims is 14
per cent. Temporary Engineers total 72 and the Muslim percentage is 32 per cent. While
discussing the C.P.W.D. one of my Honourable friends1 forget which it was, mentioned
the question of contracts of the Lodi Road......
Mr.
Ahmed E. H. Jaffer
(Bombay Southern DivisionMuhamma-dan Rural): Myself.
The
Honourable Dr. B. R. Ambedkar :
I think yourself. I forget exactly the figure mentioned by the Honourable Member.
Mr.
Ahmed E. H. Jaffer:
5 Crorcs.
The
Honourable Dr. B. R. Ambedkar :
His complaint was that in the contracts for the Lodi Road works, the Muslim contractors
got a very small percentage. I forget the
exact figure.
Mr.
Ahmed E. H. Jaffer:
I referred to the Lodi Road colony in particular and there are so many others in general.
The
Honourable Dr. B. R. Ambedkar :
The Honourable Member made his speech towards the end of the day and it was impossible for
me to get the necessary figures but the figures are these.
Dr.
Sir Zia Uddin Ahmed (United Provinces Southern
Division Muhammadan Rural) : There was no necessity for you to intervene at this
stage. You could have waited for some time longer.
The
Honourable Dr. B. R. Ambedkar :
I am very much obliged to my Honourable friend for this advice but I thought it desirable
to let the Muslim League have sufficient time for their other cut motions. That is the
reason why I intervened. Otherwise it was really a general motion. I had no desire to
intervenue at all and there was no necessity to. It is only to alley the fears which some
Members have about the Labour Department that I go up.
Mr.
Ahmcd E. H. Jaffer :
Very kind of you.
The
Honourable Dr. B. R. Ambedkar :
The position with regard to the Lodi Road works was this. According to the information
supplied to me by the Chief Engineer, the Muslims have got altogether contracts worth 10.5
lakhs of rupees, which is a figure much higher than the figure mentioned by my Honourable
Friend.
Mr.
Ahmcd E. H. Jaffer :
Out of ?
The
Honourable Dr. B. R. Ambedkar :
Out of three crores. My Honourable friend will also remember and take the fact into
consideration that on these works the Executive Engineer was a Muslim ?
Mr.
Ahmed E. H. Jaffer : What
about the official pressure put on him not to give it to Muslims ?
The
Honourable Dr. B. R. Ambedkar :
My friend is making all sorts of allegations. I hope he has got sufficient evidence to
back them up. Nobody has drawn my attention to them. If my friend will give me the facts,
I will certainly make inquiries.
Mr.
Ahmed E. H. Jaffer : I
will give it to you on the floor of the House.
Tlie
Honourable Dr. B. R. Ambedkar :
The fact is that there is a Muslim Executive Engineer in charge of these works. The second
fact is that an officer of the Central P.W.D. who is in charge of works, whether he is a
Muslim or whether he is a Hindu, no matter what commnuity he belongs to, he is bound by
the Central P.W.D. Code. The Central P.W.D. Code requires that the contracts shall be
given to a man whose tender is the lowest. I have made inquiries overnight and I have been
informed by the Chief Engineer that there was no Muhammadan whose contract was the lowest
who did not receive the contract.
Mr.
Ahmed E. H. Jaffer :
On a point of order......
The
Honourable Dr. B. R. Ambedkar : I
am not giving way. I have very little time.
Mr.
President : Let the Honourable member go on. The Honourable Dr. B. R. Ambedkar : These
rules of the Central P.W.D. that tlie contract shall be given to the lowest bidder are
subject to scrutiny from two different directions. One is the Auditor General and the
second is the Public Accounts Committee. Both of them would require the departmental
officer who broke this rule to give the necessary explanation as why he did so. Syed
Ghulam Bhik Nairang : That will be a post-mortem. The Honourable Dr. B. R. Ambedkar : It
is a question whether the rules are observed or not.
Dr.
Sir Zia Uddin Ahmad :
The rules can be changed ?
The
Honourable Dr. B. R. Ambedkar :
The Honourable Member knows more about it. He did a great deal of work in the Aligarh
University. He ought to know something about the P.W.D. and doing the work of this kind. I
cannot go into it now.
Let
me take the Estate Office. In the Estate Office there are altogether 8 gazetted posts. Of
them one is vacant. There the position is that there are six Hindus, one Scheduled Caste.
There was one Muslim who recently was sent to his parent province. With regard to the
non-gazetted posts, the total posts are 235. Of them the Muslims have 18.2 per cent.
Let
me come to what are called the attached offices and I can only give the figures in a
collective formnot item by item, which would take me very long. Here again the
position in 1939 was this. There were altogether 64 posts. The Muslims had only 1.5 per
cent. In 1946 the total posts were 155 and the Muslim percentage has risen from 1.5 per
cent to 11.5 per cent. Let me take the non-gazetted posts in the attached offices. In 1936
the total number of posts were 2,238. The Muslims had 34 per cent. In 1946 the total
number of non-gazetted posts had risen to 3,929 and the Muslim quota is 30 per cent.
Now,
Sir, I will take the geological Survey. As everybody in the House knows, the Geological
Survey so far has been only a skeleton. It is during the war under the new prodjects of
the Government of India relating to post-war development that we have taken up the work of
the expansion of the Geological Survey. We recently made a beginning by the appointment of
13 permanent posts of Assistant Geologists. Now, I would like to tell my Honourable friend
the real position so far as these appointments are concerned. We were naturally bound to
fill these posts through the Federal Public Service Commission, which recommended
altogether 40 names in order of merit. We had only to select 13. Out of the 13 there was
only one Muslim whom we could select.
Nawabzada
Liaquat Ali Khan :
Out of 40 names.
The
Honourable Dr. B. R. Ambedkar : Yes.
The names were given in order of merit and we had only 13 posts. Obviously we had to stop
with the 13. If we had stopped with the 13, there was only one Muslim in that list of 13.
As I said, these posts are technical posts and therefore we had to be very certain about
the qualification. If the Labour Department had stuck to their original proposition that
they shall only take men recommended by the Federal Public Service Commission on a purely
meritorious basis, they would have had only one Muslim Candidate but the Labour Department
knowing that this would not be satisfactory from the point of view of the Muslims went
down the list and picked 3 candidates who were far below 13 in order to make up their
quota of 4. Another thing we have done and which I know some people might regard as very
improper is this. We found that in the office of the Director General of Geological Survey
there were no Muslim officers. What did we do. We selected two Muslim students from tlie
University represented by my Honourable friend Sir Zia Uddin Ahmed......
Dr.
Sir Zia Uddin Ahmad : The
credit does not go to you.
The
Honourable Dr. B. R. Ambedkar : They
were not geologists by their training. They had qualified themselves only in geography but
notwithstanding this we selected two. We trained them so that they may be subsequently,
recruited to the office of the Geological Survey.
Now,
Sir, I come to tlie School of Mines. There were some questions in the last Assembly on
that. May I know, Sir, how much more time I have. Mr. President : The Honourable Member
can have 20 minutes. I am prepared to give him more time if necessary. He can go on till
1/15.
Shri Sri Prakasa (Benares
and Gorakhpur DivisionsNon-Muhammadan Rural) : You can take 25 per cent of the time.
The
Honourable Dr. B. R. Ambedkar : I
do not wish to deal with this subject in that half-philanthropic and half-flippant manner
that my friend has done.
Shri
Sri Prakasa :
I was not flippant at all.
The
Honourable Dr. B. R. Ambedkar : Coming to the School of Mines, the position is this. We
have from 1937 restricted admissions to the School of Mines to 24, originally, there were
about 50. It was discovered that there was not sufficient accommodation for such a large
number of students and, therefore, it was restricted to 24. Now, the selection for the
admission to the college is primarily provincial and not communal. Sixteen seals are
allotted to the provinces and two to the Indian States. I had examined the figures up to
1937 and I did not discover any single year in which there were not at least 2 Muslim
students, who had sought admission to the School of Mines. I, therefore, did not think
that any particular reservation was necessary to safeguard the interests of the Muslim
students joining the School of Mines. However, when the matter was pressed by some Members
of the Muslim League here. Members of the last Legislative Assembly, I did pass orders
that. two seats at least should be reserved for the Muslims in the Indian School of Mines.
Sir
Mohammad Yamin Khan : Out of how many ?
The
Honourable Dr. B. R. Ambedkar : Out of 24. Now, Sir, even here I would like to tell the
House what steps the Labour Department have taken in order to see that the Muslims are
able to realise the full quota which has been reserved for them, and I shall give the
figures for this year. This year we have altogether admitted 48 students on the
recommendation of the Governing Body. Out of these 48 students there is only one Muslim
who had satisfied the qualifying test.
Mr.
Muhammad Nauman (Patna
and Chota Nagpur--cum -Orissa, Muhammadan) :
That. is what I referred to you.
The
Honourable Dr. B. R. Ambedkar :
But, Sir, in order to make good the reservation that was made, it was ordered that the
fifty-ninth student, who was a Muslim, may be taken, over-ridding the claims of
practically II other boys.
Now,
Sir, I will refer briefly to the various training schemes which have been sponsored by the
Labour Departmentsome overseasand to show that even here the Labour Department
has not only been correct but has been very considerate. I will first refer to the
training scheme sponsored by the Labour Department for training of Assistant Geologists in
the Melbourne University of Australia, as a part of the re-organisation of the Geological
Survey. This took place in 1946. The total number of men that were selected was 9. Out of
them, 5 were Hindus, 3 Muslims and I of other minorities. It will be seen that in this
selection the Muslim proportion has been 33 1/3 per cent.
The
second scheme sponsored by the Labour Department was to train men in commercial and
administrative side of electricity. Electricity is going to play one of the greatest part
in the reconstruction of India's economic and social life. Obviously, there must be people
in India who are trained in the commercial and administrative side of it and we decided to
train some men. Obviously, for a training of this sort, you could not take up raw boys
from the university. You ought to have some men who have had some experience in this
matter. We, therefore, decided to ask the Provincial Governments whether they would
suggest names of some of their employees in their Electricity Department for being sent
abroad. The selection, therefore, was not a selection made by the Labour Department or in
the Government of India. The selection was entirely within the purview and charge of the
Provincial Governments. The total number of men selected was 10. Out of them one was a
Muslim. He was selected by the Hyderabad State. The other provinces did not suggest the
name of any Muslim. I do not know why. Probably because there were not any Muslims in
their Electricity Department.
Khan
Abdul Ghani Khan
(North-West Frontier Province-General) : In the Frontier Province there are about 90 per
cent, Muslims in the Electricity Department.
The
Honourable Dr. B. R. Ambedkar: I
am sorry, but your Province did not recommend any Muslim name. You had better address a
question in the Assembly of the Frontier province.
I
am coming now to three other schemes which were sponsored by the Labour Department for
training abroad. One was the Bevin training scheme. The total number of boys who were sent
was 787. Out of them, Muslims were 154, or 19 per cent. Then, we have in the Government of
India a scheme for training Labour Officers for welfare purposes. These officers are not
selected by the Labour Department, they are selected by the different Departments
concerned. And here the position is this. Altogether 23 have, so far, been sent. Out of
these 23, 18 are Muslims, which is a proportion of 79 per cent. Then, Sir, we have another
scheme which is a scheme for giving higher technical training to the employees of private
employers. The Government of India circularised private employers that in view of the
necessity of improving technical efficiency of Indians if they desire to send any of their
employees for training abroad, the Government of India in the Labour Department would do
their best to secure opportunities for training in foreign countries. In this connection,
so far, 6 men have been sent. Unfortunately, there was no Muslim amongst them, but that
certainly is not the fault of the Labour Department, because they were not responsible for
the training.
Now, Sir, another point which I would refer
to is the recruitment of what are called project Officers and Utilisation Officers and 8
of what are called Project Officers. These appointments, again, had to be filled
through the Federal Public Service Commission. Unfortunately, there was no Muslim among
the 9 posts that were filled. In this connection, I would like to draw the attention of
the Mover of the cut motion to the correspondence which the Labour Department had with the
Federal Public Services Commission. We queried when we got the selection and found that
there was not a single Muslim. I asked my Department to address a query to the Federal
Public Service Commission as to why there was no Muslim in the names that they had
suggested. The reply of the Fedral Public Service Commission was this. It is interesting,
I think, because it throws a different liglit on the subject. The Federal Public Service
Commission said that, in response to their advertisement, altogether 240 applications were
received. Out of that number, only 8 were Muslims, and out of these 8 Muslims, they
invited 3 for interview. Out of three, they found not one suitable for the post. Well,
Sir, this is in brief a record of the Labour Department in the matter of communal
representation. I claim. Sir, that during the period that I have occupied this post, it
can be fairly said that the position of Muslims far from having deteriorated has
considerably advanced. Sir, I do not claim anything more for the Department in which I
hold charge. I should like to conclude just by making two observations. I have no idea how
many Honourable Members of the Muslim League Party know what I played in the issue of this
communal Ratio Resolution. I think if any Member of the Muslim League Party was present
when the Round Table Conference was held in London, he would very well realise that among
those who fought for securing these privileges to the minority communities, I claim that I
have played a considerable part. It cannot therefore be said that I am out of sympathy
with the demand of the Muslims or the demand of any other minority community. It is for
this that I have fought, it is for this I have been fighting, and it is for this that I
will fight.
The
second proposition that I should like to make, if my Honourable Colleague, the Home Member
would permit me to say so, is that the action which he promised the House that he will
take in order to see that the Government of India will not be merely content with
rearguard action on the various Departments making default in this matter but that he will
take some substantial steps so that as and when appointments are made, proper check is
applied at the time, the credit must go to me because it is I who wrote to him a letter
that this state of affairs ought to be rectified. I do not want to say anything more.
Mr.
Ahmed E. II. Jaffer :
On a point of information, Sir, I want to know whether in the figures which he just now
quoted, are the appointments in the resettlement also included ?
The
Honourable Dr. B. R. Ambedkar :
Yes, it is a consolidated section of the Labour Secretariat.
Mr.
Ahmed
E. H.
Jaffer: Including resettlement.
The
Honourable Dr. B. R. Ambedkar : I
have so many figures. I must say they are so interesting that if my Honourable friend
wants, I am quite prepared to pass it on to him for his further study.
62
[f.28]
The Indian Finance Bill
The
Honourable Dr. B. R. Ambedkar (Labour
Member): Mr. President, I must at the outset thank you for the opportunity that you have
given me to intervene in the discussion on the Finance Bill. Sir, I say so because the
points on which I propose to dwell are not points which refer to the Labour Department of
which I am in charge. In fact, so far as the discussions on the Finance Bill have gone, I
am glad to say that no serious comment has been made against that Department. But I rise
because I feel that my Honourable friend. Pandit Govind Malaviya, yesterday in speaking on
the Finance Bill made certain observations with regard to the project of a college for the
scheduled castes. Sir, ordinarily that matter I should have left in the hands of the
representative of the Education Department to deal with because that project was examined
by them and the Finance Department sanctioned it. All the part that I have played was to
initiate the measure. But, Sir, the reason why I have thought it necessary not to leave
the defence of that project in the hands of the representative of the Education Department
is because I find that in presenting the case against that project I think my Honourable
friend sought to give it a political colour. It is because of that I have risen today to
reply to the comments that he made.
My
Honourable friend started by saying that he was amazed at the project, and when I read his
speech I found that the amazement which he felt was based upon his understanding that this
was nothing but the introduction of a sectarian spirit in the educational field. Sir,
there is a proverb, and a very well known proverb, that a man who lives in glass houses
should not throw stones. I wonder whether my Honourable friend, Pandit Malaviya,
recognises this fact. I am far more than amazed1 am astonishedthat Mr.
Malaviya should have risen up in his seat to
preach nationalising to me or to any Member of this House. It is not a new thing to
anybody that, so far as his personal habits are concerned. I think it is true to say that
he will not even take water not only from an ordinary Hindu but I know he will not take
water even from a Brahmin of another caste.
Sri
M. Ananthasayanam Ayyangar (Madras
Ceded Districts and Chittoor: Non-Muhammadan Rural) : He does equal justice ! Shri Sri
Prakasa : Even Brahmins can be stupid !
The
Honourable Dr. B. R. Ambedkar : His
ideals, if I may say so, are the ideals of rat who believes that in order to keep his
personal purity he must live in a hole by himself without any contact with any human
being. And I should have thought that a man who believes in that kind of a thing should
certainly think twice before talking against sectarianism or preaching nationhood to the
people of this country. I should have thought that he ought to have known that he was or
he is a great deal concerned with an institution which we all know as the Benares Hindu
University. If it is not a sectarian institution, I would like to know what is a sectarian
institution. Sir, I know and I can say that this University is not even a Hindu university
; it is a University which is managed in the interest of that particular community. I
would like to ask my Honourable friend whether it is not a fact that on the staff of the
Benares Hindu University there are hardly any non-Brahmins.
An
Honourable Member :
There are.
The
Honourable Dr. B. R. Ambedkar : I
would like to ask him whether there is not a standing resolution of the Benares Hindu
University Court passed in 1916 whereby a non-Brahmin, no matter how well he is educated
in Hindu Dharma (in Hindu Law) is not entitled to function as a Professor of Hindu
Religion. I would like to ask him whether he has forgotten that only a few months ago a
Kayashtha girl had to go on fast because she was refused admission in the Benares Hindu
University in the Faculty of Theology. If that is not sectarianism, I would like to ask
what it is.
As
I was reading the proceedings of the debate yesterday, I found my Honourable friend, Mr.
Ayyangar, uttering an exclamation, which is recorded by the Official Reporter, on a
separate college for the Scheduled Castes. I wonder whether he is aware of what has
recently happened in that town of Salem. He probably is forgetful of it.
Sri
M. Ananthasayanam Ayyangar : I do not know.
The
Honourable Dr. B. R. Ambedkar: Or
he is so much preoccupied with politics that he did not know what his own community
members are doing. I like him to peruse the papers of the ' Hindu ' of Madras, not of some
past year but of the 12th of this month. He will find that Salem Brahmans met in a solemn
conclave for the purpose of establishing a Brahman Sangh, for the purpose of protecting
the interests of Brahmans, for the purpose of starting a college for Brahmans, for the
purpose of starting industries for Brahmans. And who was the President of that Conference
? The great man Sachivotama Sir C. P. Ramaswami Ayer.
Sri
M. Ananthasayanam Ayyangar :
Your erstwhile colleague.
The
Honourable Dr. B. R. Ambedkar: I
do not know. When everybody in this country while talking of nationalism is practising
sectarianism..........
Sri
M. Ananthasayanam
Ayyangar : I am sorry for both.
The
Honourable Dr. B. R. Ambedkar :
......... for Members to come here and to tell a struggling community like that of the
Scheduled Castes, who for the first time in their life have become conscious of their
disabilities and are trying to found educational institutions in which they will be able
to get higher education that they are acting in a sectarian spirit to my judgement is
nothing short of imprudence. I would like to tell this House that it is complete misnomer
to say that this is a Scheduled Caste college. It is a college which like any other
college is open to every community. There is no bar to any body.
Pandit
Govind Malaviya (Allahabad
and Jhansi Divisions : Non-Muhammadan Rural) : What is stated in the Budget ?
The
Honourable Dr. B. R. Ambedkar:
The Budget was before you for full one month, and you ought to have put a short notice
question to ask for full details before you got up to oppose it. Now, as I said this is an
institution which is open to every community. The college is not only open to all but the
staff selected is also cosmopolitan. There are Hindus, there are Brahmins, there are
non-Brahmins, there are Parsis, there are Christians, there are Muslims on the staff. And
I like to tell the House that when the affiliation application came before the University
of Bombay they had not the slightest hesitation to granting affiliation. In fact it was
admilted that there was never such a project placed before the University of Bombay during
all these years so sell thought out. And if I may say so, this is the first instance in
the whole history of the Bombay University where permission has been given to start a
full-fledged college at the start. This is because, the organisation, the staff and the
arrangements have been so good. The College therefore is in no sense a Scheduled Caste
College. The only thing which the College will do so far as the Scheduled Castes are
concerned is to give them preferential treatment in the matter of admissions and freeships
and reservation in the hostel. I like to tell the House why the establishment of this
college became necessary. Honourable Members are probably not aware that the Bombay
Province at present is suffering from a terrible congestion of the student population. My
Honourable friend, sitting opposite, Mr. Gadgil, will know that during last year nineteen
new colleges were allowed to be opened by the Bombay University. That shows how difficult
it is for boys to get admission. The Scheduled Caste boys suffered the most from this
congestion because the Scheduled Caste boys after passing their matriculation were not
able to get their admission in the different colleges. I therefore represented the matter
to the Government of India that there should be an institution whose primary function
should be to give preferential treatment to these boys. There is nothing else in this
project which may be called sectarian or which may be called communal.
Now,
Sir, there was another matter which my Honourable friend introduced, and I am at a loss to
understand why he introduced it. He introducted politics and he said that so far as the
elections were concerned, I was a wash out. I do not know what he wanted to convey. But I
believe what he wanted to do was to give a hint that I should not have been listed to by
the Government of India, or some such thing, which I do not know.
Pandit
Govind
Malaviya : Don't you ?
The
Honourable Dr. B. R. Ambedkar :
Well, Sir, from what has happened in the elections it may be said that I am now a withered
plant. But I like to tell my Honourable friends opposite that I am not dead at the roots.
Not at all. My Honourable friend talked about the results of the election. He said that
the Scheduled Caste seats were won by the Congress. Yes, they were. But what I like to ask
my Honourable friend is, does he care to examine the ways and means by which this victory
was obtained by the Congress ?
Prof.
N. G. Ranga :
We are ready !
The
Honourable Dr. B. R. Ambedkar: I
would like to tell my friend of the ways and means that were adopted.
Sri
M. Ananthasayanam Ayyangar :
The usual accusationb !
The
Honourable Dr. B. R. Ambedkar:
It is not the usual accusation. It is a matter of proof which can be put to the test.
Prof.
N. G. Ranga :
Do not tread on doubtful ground !
The
Honourable Dr. B. R. Ambedkar:
My Honourable friend ought to know that in many places the Untouchable voters have not
been allowed to go even to the polls. I am referring to a case in the Satara District,
which ought to be familiar to many Members of this House because in that district there
was in existence what is called a parallel government. The Scheduled Caste voters from 361
villages were taken to the village Katcheri by the Hindu villagers. They were asked
whether they were prepared to vote for the Congress candidate. When they refused, they
were asked to sit in the Katcheri and a watch and ward was kept around them. They were not
allowed to move. I can give many cases.
Pandit
Govind
Malaviya : Yes ? please do !
The
Honourable Dr. B. R. Ambedkar :
Even the candidates of the Scheduled Caste opposed to the Congress were assaulted. Take a
nearer case like that of Agra which has happened only recently. Fifty houses of the
Untouchables were burnt on the day of election. Some twenty houses were looted in the
absence of the voters who had been to the polls. In Cawnpore seven persons were murdered.
Diwan
Chaman Lall
(West Punjab: Non-Muhammadan): Who looted ?
The
Honourable Dr. B. R. Ambedkar : Hindus.
Those are the ways and means by which these elections have been won. (Interruptions). I
would like to tell my Honourable friend that the test whether the Congress has won these
seats, or whether the Scheduled Castes Federation, which I represent, has won these seats,
is to be decided not by the final elections. It would be stupid to do so. In a final
election where the Untouchables sometimes form a microscopic minority of 5 per cent as
against a majority of 95 per cent. Hindus, it would be idiotic for any man to think that
the final election was any test as to who represented whom. The real test is the test of
the primary election. For the primary election is an election through a separate
electorate of the Scheduled Castes. What has happened in the primary elections. Let me
give my friends opposite some idea of the results of the primary elections. In the Punjab
there were three constituencies in which a primary election took place. In Bombay there
were also three constituencies in which primary elections were held.
Shri
Mohan Lal Saksena : Out
of how many ?
The
Honourable Dr. B. R. Ambedkar: Let
me finish. Mr. President : Let him proceed.
The
Honourable Dr. B. R. Ambedkar :
In the Central Provinces there were four. In the Madras Presidency ten, in the United
Provinces two. (Interruption). If my Honourable friend wants to know the fact, he ought to
know that a primary election is not compulsory. Unless five people stand there cannot be a
primary election and no Scheduled Caste wants a primary election because it involves a lot
of expense and we have no black market money to finance it (Interruptions). In all there
have been 22 primary elections. They were all contested by the Congress. I want to tell
the House that out of the 22 primary elections, 19 have been won by the Scheduled Castes
Federation.
Diwan
Chaman Lall :
How many in the Punjab ?
The
Honourable Dr. B. R. Ambedkar :
Wait a minute. In the Bombay Presidency1 cannot give the whole lot of figures
because my time is short.........
Pandit
Govind Malaviya : It
may go against you !
The
Honourable Dr. B. R. Ambedkar : In the Bombay City there were two Constituencies in which
the primary election was fought. One was the Byculla constituency. The Scheduled Castes
Federation candidate got 11,334 votes and the Congress candidate got 2,096 votes. In the
Suburban Constituency of Bombay City the Scheduled Castes Federation candidate got 12,899
votes and the Congress candidates got only 2,088. In the Central Provinces1 again
take two constituencies for illustration.........
Sri
M. Ananthasayanam
Ayyangar: The black market did not prevail.
The
Honourable Dr. B. R. Ambedkar :
In the Nagpur constituency the Scheduled Castes Federation got 1,933 votes and the
Congress candidate got 270. In Bhandara District the Federation candidate got 3,187 and
the Congress candidate, including others who were independent, got altogether 976. In the
Agra constituency in the United Provinces the Scheduled Castes Federation candidate got
2,248 while the Congress and others put together got only 840. In the Punjab,
LudhianaFerozepur Constituency, I am taking one as an illustrationthe
Scheduled Castes Federation got 1,900 votes and the Congress got only 500.
Diwan
Chaman Lall :
There was no Scheduled Caste candidate in the Punjab.
The
Honourable Dr. B. R. Ambedkar :
Will my friend let me go on. I know more about these matters than I think he does.
Diwan
Chaman Lall :
My Honourable friend knows there was not one single candidate.
The
Honourable Dr. B. R. Ambedkar:
The Scheduled Castes Federation who.........
Diwan
Chaman Lall :
It is a tissue of lies.
The
Honourable Dr. B. R. Ambedkar :
My Honourable friend will withdraw it. Sir, I seek the protection of the Chair.
Diwan
Chaman Lall : I
challenge my friend to deny the fact that there was not a single candidate of his
Federation put up in the Punjab.
Mr. President : Order, order. It is no use
introducing heat in the debate when the Honourable Member is giving the facts. The point
was raised and the reply was invited and whatever he has to say must be heard patiently. I
am not concerned with the question as to whether what he said is a fact or not but no
Honourable Member of the House is entitled to or can say that what the other Honourable
Member was saying was " a tissue of lies."
Diwan
Chaman Lall : I
withdraw it. Sir, and substitute for it " a tissue of terminological inexactitudes
."
The
Honourable Dr. B. R. Ambedkar :
I will give one constituency from Madras, viz. Amalapuram. The Federation candidate got
10,540 votes and the Congress candidate 2,683. That is the result of the primary election
and I say that if anybody wants to apply an honest test, that test ought to be the test of
the Honourable friends opposite that if what they have done in this election is of any
value, it has to my mind substantiated and proved the case which I have been fighting for
that the electoral system is a humbug and that the Scheduled Castes must have separate
electorates.
My
Honourable friend. Pandit Malaviya, tried to make out another point. He said that the
Hindu community has been taking interest in the Scheduled Castes and that they could
subscribe a great deal of money for the moral and material advancement of the Scheduled
Castes. Sir, I do not know.........
Pandit
Govind Malaviya :
On a point of order, Sir : May I know from you that if an Honourable Member of this House
goes on misrepresenting and misquoting and stating utterly wrong facts about any other
Member, who has already spoken and who is not likely to get a chance to reply to or expose
those misstatements and terminological inexactitudes, may I know from you what is the way
open to the other member to meet that situation ?
Mr.
President :
The question is hypothetical and I do not think I need take the trouble of replying to it.
But statement of facts is one thing and version is another and the Honourable Member need
not confound versions with facts.
The
Honourable Dr. B. R. Ambedkar : Sir,
I was dealing with the point which my Honourable friend made in the course of his speech
that the Hindu community was taking a great deal of interest in the welfare and the
material and moral advancement of the Scheduled Castes. All that I would like to say is
that if one were to judge by what happens within the four corner of this House, I think it
would be very difficult for any honest man to subscribe to the statement that my
Honourable friend has made.
I
have been, it is true, a member of this House for a very short time but I have been a very
regular reader of the proceedings of this House and there is nothing about this House
which I have not read, which is worth reading. And, Sir, having regard to the past, I
think it is correct to say that it is very seldom that any member of the Opposition has
ever asked any question of any member of the Government sitting here with regard to the
many atrocities, tyrranies and oppression that have been practised upon the Scheduled
Castes in every village to day. I have not seen it in the proceedings. I have never seen
any Honourable Member moving a resolution......
Sri M. Ananthasayanam Ayyangar :
You would say that it is a Provincial subject.
The
Honourable Dr. B. R. Ambedkar : ......
that certain things might be done for the uplift of the community. There was one occasion
which I remember, in which Honourable Members opposite made a bold bid in order to abolish
untouchability. I believe, it was in the year 1932 or 1934, I forget exactly which......
An Honourable Member : 1933.
The
Honourable Dr. B. R. Ambedkar:
...... when a Bill was brought in for temple entry. And what a hullabaloo was made when
the Viceroy refused to give his sanction. Men went on fasts and threatened to commit
suicide if permision was not given to introduce the Bill. And when permission was given
what happened ? What happened was that these gentlemen throw away the Bill. They disowned
it. They left Mr. Ranga Iyer with the baby in his hand. He abused them roundly for having
betrayed him. There were only two occasions I remember when the question.........
An
Honourable Member : You
have not read the debates.
The
Honourable Dr. B. R. Ambedkar: I
have read every thing about what happened in this House. I find only two occasions when
this House discussed the question of the Scheduled Castes. One was in the year 1916 when
Mr. Maneckji Dadabhoy, now the President of the other House, moved a resolution asking the
Government to appoint a committee to investigate into the grievances of the Scheduled
Castes and if my Honourable friend opposite who started this debate were to brouse into
the proceedings of that debate, he will find that it was his father who turned out to be
the most vehement opponent of that resolution. The other occasion was in 1927, that was
when the late Lord Birkenhead happened to refer to the Scheduled Castes as a minority to
be protected under the Constitution. My friends opposite are very fond of me only when I
try to make a political issue of my existence. If I ask for separate electorates, if I ask
for reservation in the services, if I ask for an educational grant, then they know that I
The
Honourable Dr. B. R. Ambedkar:
...... and all social and political rights are denied to me because they say that I am a
Hindu. If fraternity is to involve this cost, then I say that I am their cousin and not
their brother.
The
other thing that I would like to say, is this and I would like to say it very positively.
I want to tell my Hindu friends that I shall not live on their charity. I do not want
their charity. I am a citizen of this country. I am entitled to claim from the Government
Treasury whatever rights and benefit every other community is claiming for itself. I do
not want charity ; charity, the object of which is to enslave and demoralise me and my
community. The Scheduled Castes want to stand on their rights and I take this opportunity
to tell the House that if their claims are met with opposition, they will not hesitate to
shed their blood in order to get their rights.
*
*
*
63
[f.29]
Strike by the Workers of the Government of India Press, Calcutta
Mr. President : I have received a notice from Sree
Satyapriya banerjee of his intention to move for the adjournment of the business of the
Legislative Assembly for the purpose of discussing a definite matter of urgent public
importance, namely :
"
Strike by the workers of the Government of India Press, Calcutta, on account of the
failure of the Government to redress their grievances."
I
find that the Honourable Member had put in a question on the subject some two or three
days back and wanted to have it answered as a short notice question, but the honourable
Member for Labour did not accept the short notice question. At that time there was no
strike actually going on. The present notice alleges a strike. There, it was a question of
impending strike. Is there any strike at all ?
The
Honourable Dr. B. R. Ambedkar
(Labour Member) : I have no information with regard to this matter.
Sree
Satyapriya Banerjee (Chittagoing
and Rajshahi Divisions : Non-Muhammadan Rural) : I have definite information that there is
a strike going on and yesterday's Free Press Journal also contained that news.
Mr.
President :
The source of the information is the Free Press Journal ?
Sree
Satyapriya Banerjee : The
Leader of the Opposition has also got a telegram.
Mr.
President :
Is the Honourable Member in a position to state the nature of the strike ? Is the whole
Press on strike ?
Sree
Satyapriya Banerjee:
Yes, Sir, about 1200 workers are involved.
The
Honourable Dr. B. R. Ambedkar:
The position is this. A notice of strike was given on the 13th of March by the press
workers of the Calcutta Press. Similar notices of strike were given by presses belonging
to the Government of India located at various other places. The Calcutta Press workers
gave a list of 13 demands and the Government has taken into consideration all of them and
has made the following concessions to the press workerscompensation leave granted
for attendance on gazetted holidays on which the press is closed, promotion of piece
workers to classes above efficiency bar accelerated, increased rates of deamess allowance
to have retrospective effect from 1st July 1944 instead of from 1st January 1945 ; half
the dearness allowance to count as pay for calculation of pension ; inferior servants to
draw pension up to a limit of half average pay ; the full period of strike will be treated
as leave on average pay and debited against leave account due to uncertain conditions ; an
officer on special duty appointed to report on anomalies existing in the pay and
conditions of service of the Press workers ; hours of work have been reduced from 48 to 44
for day shifts and from 44 to 38 for night shifts ; piece-workers have been granted 23
days holiday with pay, same as salaried workers.
With
regard to other demands which relate, for instance, to revision of scales of pay and
increase in subsidy rates, Government has informed all workers in all the presses
belonging to Government that this matter must remain pending until the report made by the
Salaries Commission, and Government therefore is not in a position at present to make any
announcement with regard to these demands.
I
may tell the House that so far as the strike in the Delhi Press is concerned, these
concessions have been accepted by the workers and they have gone back to work. I do not
see any reason why the same attitude should not be taken by the press workers in the
Calcutta Press. I understood just now from office that one of the demands which they are
pressing immediately is that further reduction should be made from 44 hours to 40 hours. I am unable to say anything definitely immediately,
but that is a matter which I am prepared to consider. I do not think that any useful
purpose will be served by discussing this matter on an adjournment motion.
Sree
Satyapriya Banerjee :
Sir, it may be within the knowledge of the Honourable Member that the Regional
Commissioner of his Department recommended 42 hours and he turned down that proposal and
insisted on 44 hours. Moreover, Sir, the workers of the Bengal Government Press work only
40 hours a week.
Mr.
President : That
is cross-examination on the merits. I am at present wanting to know how, in view of what
has fallen from the Honourable Labour Member, the matter is of sufficient urgent and
public importance.
Sree
Satyapriya Banerjee :
Sir, so many workers are involved and the lives of such a large number of workers and
their dependents are at stake, being faced with starvation ; Sir and if that is not a
matter of sufficient urgent and public importance, I do not know what else can be.
Prof.
N. G. Ranga
(Guntur cum Nellore: Non-Muhammadan Rural) : Sir, may I also make one submission. If it is
possible for the Department to send any special officer to go and explain their own
concessions to these workers and reason with them, it may be possible for them to prevent
the continuance of this strike. After all, 1300 workers going on strike is a very serious
matter even from the point of view of Government getting all their work stopped there.
The
Honourable Dr. B. R. Ambedkar: I
understand there is a Regional Labour Commissioner stationed in Calcutta who has been
instructed by the Labour Department to get into touch with the workers and see what can be
done.
Seth
Govind Das
(Central Provinces Hindi Divisions: Non-Muhammadan) : The Honourable Member said that
notices have been received about strikes in various presses. Is there any strike or danger
of a strike anywhere else besides Calcutta ?
Mr.
President : I
do not think that is relevant to the present issue. In view of what the Labour Member
said, I do not think the matter is of such a type that I should give my consent to the
adjournment motion being moved.
64
[f.30]
Factories (Amendment) Bill
Mr. President : The House will now proceed to the
consideration of the Factories Bill.
The
Honourable Dr. B. R. Ambedkar : I
propose to deal with that point. I have been asked by my Honourable colleague to speak on
that point and I am quite competent to speak because every Member of this Government can
speak on behalf of the Government as a whole.
Diwan
Chaman Lall
(West Punjab: Non-Muhammadan) : Sir, I have to say something on this question unless the
Honourable Member is agreeable to my speaking afterwards.
Mr.
President :
Even if he is agreeable I do not think I can permit it under the Rules after the
Honourable Member has replied to the debate.
The
Honourable Dr. B. R. Ambedkar
(Labour Member) : So much has been said already that it is not necessary to say more.
Mr.
President, Sir. The debate that has proceeded so far has really left very little for me to
say because what has been said by the one side against the Bill has, if I may say so, been
effectively replied by the other side, and, therefore, certainly at this stage there is no
great necessity for me to repeat what has been said already. If I rise at all it is to
deal with the criticism that has been made by my Honourable friend, Mr. Vadilal Lallubhai.
I have listened to his speech and I must say tha I have been quite unable to understand
what complaint he has to make with regard to this Bill. I am quite aware and everybody
else is that today there is a threat of cloth famine and that whatever we do with regard
to the amendment of the Factories Act affecting the provisions relating to hours of work,
we should be cautious to sec that the situation with regard to cloth is not aggravated. My
reply to the criticism of my friend is this that we have not only taken into consideration
the situation
regarding cloth famine, but we have taken into consideration the situation that might
arise with regard to the shortage of other articles of consumption, and the Government of
India has not only introduced an amendment which would give relief to the cotton industry
but is so widely worded that it would also give relief to many other industries which are
engaged in producing consumers goods. I do not quite understand why he is not satisfied
with so general a provision which not only gives him relief but also gives relief to many
other industries. I am still unable to understand the significance of his comment.
He
made two other points to which I think he is entitled to a reply from me. The one comment
that he made was1 have got the text of his speech before methat this exemption
ought to be given by the Government of India itself in this very Act and not to be left to
the discretionary authority of the Provincial Government. My answer to this criticism is
twofold : In the first place, as my Honourable friend knows, granting exemption is what in
law is regarded as an exercise of executive authority under the constitution which is now
in operation ; although labour is placed in concurrent list, that fact merely gives the
Government of India the authority to make the law. It does not give the Government of
India authority to put that law into execution. All execution must remain in the hands of
the Provincial Government and if, therefore, we have not granted exemption straight-away
in this Act it is because it is beyond the powers of the Central Legislature to do so. The
second difficulty which I find in meeting the demand that he has made is this : It is
impossible for the Government of India to single out any particular industry such as the
cotton textile industry to be mentioned in the Act itself for exemption without at the
same time giving a list of other industries which might require similar exemption. It is
impossible for anybody in the Labour Department to anticipate the needs of other
industries and to make specific provisions in that behalf. He expressed the fear that
Provincial Governments will not grant the exemption for which they have been empowered
very readily, and if I understood him correctly he said that labour in Provinces will
create difficulties in the matter of Provincial Governments granting such exemptions. I do
not share the fear because I believe that the Provincial Governments while they would
undoubtedly listen to such reasons as labour may have to put forward against granting
exemptions will no doubt bear in mind the exigencies of public needs and public interests
and do what may be needful in the circumstances. Therefore so far as his first point is
concerned. I do not think: that I can meet it because the law will not permit me to do so,
and, secondly, I do not see why the Provincial Governments should not be trusted to do
what is needful in the interest of the public in general.
The
other question which he raised was whether the Industries and Civil Supplies Department
was prepared to take responsibility for this measure. I do not think he should have raised
this question because if he had only taken into consideration the way in which the
Government of India operates, he would have known that no measure can go before this House
unless it has had previously the consent of the Executive Council in which the Member in
charge of Industries and Civil Supplies has every right to make his say, but I can say
positively that the labour Department had paid the greatest considertion to what was urged
by the Department of Industries and Civil Supplies in this matter and it is at their
instance that clause 5 was introduced in this Bill. They were apprehensive that while the
general provisions regarding the restriction of hours of labour were essential and
necessary and could not be postponed, yet the circumstances in which this country was
placed with regard to certain articles should also be borne in mind, and it was at their
express instance that this clause was introduced. I hope my Honourable friend will be
satisfied that the Industries and Civil Supplies Department has in no way been rushed by
this Bill and that this measure has their fullest support. Sir, I move.
Mr. President : The question is :
"That
the Bill further to amend the Factories Act, 1934, as reported by the Select Committee, be
taken into consideration." The motion was adopted.
Mr.
President : I
shall take clause 2 first and clause I at the end. There is an amendment to clause 2 by
Messrs. Vadilal Lallubhai and Ramalingam Chettiar.
Mr.
Vadilal Lallubhai :
I have got to make some observation. Dr. Ambedkar says that the law does not provide for
exemptions but as the amendment has been drafted it is possible that it will come under
the law. I would like to know whether the amendment of clause 2 as drafted by me does come
under the Law.
Mr.
President : I
am not clear as to what the Honourable Member is driving at.
Mr.
Vadilal Lallubhai :
The Honourable Member said that the law did not provide for exemption. If he reads my
amendment to clause 2 he will see that there is no legal bar. I would like to know whether
it is because that there is a legal bar that he wants to oppose my amendment or there are
other reasons.
Mr.
President :
I believe the Honourable Member has clarified the position sufficiently in his speech. I
do not think there can be any doubt on the question. He said that the legal bar was one
argument. There was a further argument also that, in his opinion, whatever is necessary
will be done by the Government. Am I right ?
The
Honourable Dr. B. R. Ambedkar:
Yes, Sir.
[f.31]
Mr. President : Amendment moved :
"
That in Clause 4 of the Bill, for the words ' ten and a half hours or where the factory is
seasonal one, eleven and a half ', the word ' twelve ' be substituted ".
The
Honourable Dr. B. R. Ambedkar:
Sir, I am afraid I am opposed to this amendment. There are two objections which I see. One
objection is a general one. The Honourable Mover of this amendment seems to hold the
opinion that if employers in any particular industry have devised a particular plan of
employing their labour in their factories, then the law ought to be so framed that it
would suit the practice that is prevalent. That is a position which I am not prepared to
accept. Many employers may devise many means that may be primarily in the interests of the
employers and I think it would be wrong on the part of the State to accept the obligation
that in whatever legislation they may propose, the legislation should be made to suit the
practice, and that the law should not alter the practice if it is found that the practice
is bad. That is my first argument why I am unable to accept this amendment.
The
second argument which I have against this amendment arises from a direct consideration of
the matter. If I have understood my Honourable friend correctly, the sort of way in which
he employs his labour could, I think, be described in a simple manner in some such fashion
: he has as a matter of fact two corps of labour under him, which for purposes of
explanation may be called ' A ' corps and ' B ' corps ! and the way he would like to
employ them would be somewhat in this fashion : ' A ' corps would start work at 8 a.m. and
work till 4 0' clock in the afternoon. At 4 p.m. ' B ' corps would be discharged and ' A '
corps would again come in and work till 8 p.m. At 8 p.m. ' A ' corps will be discharged
and ' B ' corps will be brought in for work and would work till 12 midnight. That, if I
understood him correctly, would be the method by which he would work his labour.........
Sri
T. A. Ramalingam Chettiar:
Quite right.
The
Honourable Dr. B. R. Ambedkar : Now,
it seems to me that this arrangement is fundamentally opposed to the principle of
spreadover. What is the principle of spreadover ? It is this, that as far as possible no
worker should be required to stay on the factory premises for any period longer than is
necessary for the full employment of the maximum hours prescribed by law. In this Bill we
are providing that the maximum hours per day should be 9. If the amendment was accepted,
the worker would have to be kept on the premises, for three hours more, which I submit is
not in consonance with the general principle of spreadover. A factory, if I may say so, is
not a garden and certainly today has not got all the amenities which a factory ought to
have ; and it is very desirable that an employee should be allowed to quit the factory as
soon as he possibly can get back to his home,
breathe free air, and enjoy such amenities as he can and make the best use of the leisure
that the law gives him. For these reasons, I think this amendment is not a good amendment
and I am therefore not prepared to accept it.
[f.32]
The Honourable Dr. B. R. Ambedkar : I
do not think I need say anything at this stage except to express my gratitude to the House
and to the Members of the Select Committee who have so greatly co-operated with me in
carrying this measure through. With regard to the many suggestions which have been made by
many speakers who have spoken on this motion, all that I need say is that whichever
Government comes into operation, it will undoubtedly have to bear those suggestions in
mind. As my Honourable friend, Diwan Chaman Lall said, we are not living in the same time
when the Factory Commission reported. Time has advanced. The world has advanced and we
have to show that we loo, like other modem countries have a regard for the moral standards
on which our industrial relations are to be based, and I have no doubt about it that what
they have said will be borne in mind and that their suggestions will be given effect to.
Sir, I thank the House for the courtesy they have shown me.
Mr. President
:
The question is :
"
That the Bill as amended be passed." The motion was adopted.
65
[f.33]
Mica Mines Labour Welfare Fund Bill
The
Honourable Dr. B. R. Ambedkar
(Labour Member) : Sir, I move :
"
That the Bill to constitute a fund for the financing of activities to promote the welfare
of labour employed in the mica mining industry be taken into consideration."
The
important provision of the Bill is contained in clause 3, where it is proposed that a levy
should be made upon the export of mica in order to constitute a fund for providing for the
welfare of the labour employed in the mica mining industry. The nature of the welfare
activities which this fund will undertake are detailed in clause 2 of the Bill. It is not
necessary for me to go over these clauses and read them to the House. Before I go further
I would like to explain to the House why the Government of India have thought it necessary
to institute a fund of the sort mentioned in clause 3 of the Bill and I do not think I
could do better than read a few extracts from the report of a Committee on labour
conditions in mica mining and mica manufacturing industry. The report is made by Prof.
Adarkar who was a member of the Fact Finding Committee appointed by the Tripartite Labour
Conference. With your permission, Sir, I propose to read a few extracts from this report.
On page 27 of this report Prof. Adarkar says :
"
We did not see urinal or latrine accommodation provided in any mine. Reference to this
breach of the Mines Act, has already been made above. One just wonders what the workers do
while working 500 feet below they are called upon to answer calls of nature. Lack of
arrangements for good drinking water is a crying cvil of the mica mining industry. The
doctors told us that diseases like dyspepsia, intestinal trouble, etc., were caused by the
presence of harmful minerals in the water
supplied to the workers. As I said earlier, some of the bigger firms carry water in
lorries to mines but generally women are employed to fetch water from dirty pools five to
six miles away. This water is carried and stored in filthy earthen pitchers or drums. The
supply of even such water is inadequate. No water is usually made available for washing
purposes. The problem is a very serious one and deserves immediate attention."
Speaking of housing the report says :
"
No adjectives can properly describe the ' houses ' in which workers are housed. The more
temporary amongst them look like tents of leaves held in position by a strong bamboo or
wooden pillar. Houses proper are of two types ; we may describe them separately:
(i)
Built entriely of bamboo and grass.We saw a house built by mine owner for workers
which was typical and the roofing was of green leaves. The general appearance was that of
a cattle shed. There was hardly any necessity for doors and windows as it was airy from
every side. This shed housed one family worker with his wife and two children along with
10 other workers. There was no privacy for the family. The choolhas were separate. Grass
had been spread on the floor and workers slept upon that at night. No rent was however
charged for the accommodation provided. It may be noted here that the other 8 Or 10
occupants had been put into the cottage by the employer after the family worker had
occupied. As the worker was not paying any rents, he could not possibly grumble.
(ii)
Better type of houses.Their number is very small and generally they are meant for
durbans, Khalasis or carpenters. There are single-room tenements built in lines and are
rent free. Their walls are built either of brushwood or of kuchcha bricks and roofs are
built of wooden beams. They are closed rooms with doors but ventilation is very poor. It
must be emphasised again that these quarters are not meant for ordinary workers but are
reserved for the superior skilled staff. It is important to note here that no latrines or
urinal accommodation is provided even for those who live in these quarters with the result
that they go out into the open to attend to calls of nature. As has been pointed out
earlier, this causes them to develop diseases like ankylostomiasis and anaemia. Workers do
not like to stay in these quarters, despite the efforts of the employers to make them do
so. Workers like to walk 4 to 6 miles each way and prefer to ignore such exhortations.
Moreover, their own huts are definitely better built than the quarters provided by the
employers." I will read another passage which deals with occupational and other
diseases which are prevalent in mica mines. The report says :
"
Discases which mica workers suffer from may be classified as (a) those that are directly
attributable to mining operations and working conditions and (b) those that are caused by
the configuration and natural vegetation of the mining area. In this connection, we could
collect some information in the Bihar area, and the following analysis is based mainly on
the information.
(a)
The following diseases may be considered under the first category:
(i)
Silicosis.This is a disease of the lungs and is attributed to dry machine-drilling
of quartz rock. Machine drills have octagonal ends with a regular bore running right
through the drill. The drill is rotated by machine and quartz, dust produced in the
drilling process escapes with great force through the bore and strikes the driller right
on his bisc. Within a few seconds thick clouds of quartz dust envelope the driller and he
inhales that dust continuously. The tiny quartz pieces enter the body and injure the
lungs. The first symptom of silicosis is bronchitis and this gradually develops into
silicosis proper. The incidence of the disease is fairly high but due to the excessive
turnover of labour it is not detected early. What saves most of these workers from early
death is their seasonal migration to agriculture. If the driller works continually even
for one whole year he cannot escape catching the disease and within five years or so he
may die. One employer stated that he had lost 16 of his best drillers within the past five
years. It seems that the only possible way of saving the drillers from this disease which
proves fatal in nearly all cases is to prohibit dry machine drilling by an order under the
Indian Mines Act. Of their own accord so far only the Chrestien Mining company have
introduced wet drilling in some of their mines. But no other firm is planning even to
follow suit at any rate during the course of the present war. It may be noted here,
however, that all employers declared themselves in favour of statutory prohibition of dry
drilling."
Then
a description is given of the prevalence of dyspepsia, rheumatism, bronchitis, malaria. I
need not go through the whole list of them. But I would like to draw the attention of the
House to the following paragraph in the Report :
"
Welfare Activities are conspicuous by their total absence. Canteens, creches,
entertainments and washing or any other facilities are things entirely unheard of in the
mica mining area. The bigger firms like the Chrestien Mining Compny, the Chatturam
Horilram Company, and the Indian Mica supply Company, have made arrangements for medical
aid ". Then they give details below :
"
Medical aid, wherever it is provided, is free. No arrangments have been made, however, for
child or adult education." Now, Sir, I can go on for a length of time quoting
passages from this Report in order to show that the conditions of work in mica mines have
really become intolerable and that the time has arrived for Government to intervenue in
this matter and to do something for the workers in the mica mines.
The
next question. Sir, is the best method of dealing with this subject. So far as that
question is concerned it seems to me that there are really two ways of dealing with the
subject. One way is to impose the liability upon the employer and to prescribe certain
measures of welfare and to leave it to the employer to carry them into effect and reserve
to the Government the power to inspect and to see that the obligation imposed upon the
employer is carried out by him. The second method is for Government to take charge of the
welfare measures themselves and to make the employer bear the cost of it. The first
method, to my mind, is an imperfect method, and for two reasons. Firstly, different
employers have different capacities to bear the cost of welfar measures. That being so, it
is not possible for small employers to keep up the standard which may be prescribed by the
act. Secondly, it is hardly possible for the Government to engage such a large body of
inspectors so that they could constantly go round, keep a vigil and see that the standards
are maintained. Government, therefore, has come to the conclusion that the better method
would be for Government, in matters of this sort, to take the responsibility on their own
shoulders and to compel the employer to pay the cost of these welfare measures. Sir, it is
this principle on which this Bill relating to the welfare of workers in mica industries is
based. If I may say so, so far as the Government of India is concerned, this is by no
means a new principle which they have adopted. As the House knows, during the war the
Government of India issued an Ordinance for the Welfare activities of the population
engaged in coal mining. It was done by Ordinance. But the principles embodied in the
present measure are exactly the same as the principles embodied in that ordinance. It is,
therefore, unnecessary for me to dilate upon the necessity or the advisability of the
principle on" which this measure has been based.
Sir,
there is one other point to which I would like to make some reference. As Honourable
Members will see, under the Bill it is proposed to conslitute two Commiltecs to advise the
authorities who will be administering this fund as to how this money should be spent. One
Advisory committee will be for the Province of Madras and another will be for the Province
of Bihar. Some Members might feel that the Government of India has shown no reason why,
for instance, another area which is also a mica producing area has been omitted from this
consideration, namely Rajputana. I would like to explain to the House the reason why we
have not thought it necessary to constitute a third Committee for Rajputana. Rajputana
occupies a very small place, for the moment, in this mica industry and I like to give the
House some figures on that point. Take the mica mines in India. I have got the figures for
1941. In Bihar the total number of mines in 1941 were 623. Of them those that worked
throughout the year were 297. In Madras the total was 108 and those that worked throughout
the year were 47; while in Rajputana, although the total was 62, those that worked
throughout the year were only 8. Taking the question of the number of workers, I have got
figures for 1943. The figures are as follows. In Bihar the total number of workers working
in mica mines was 81,431 ; in Madras it was 18,379 ; in Rajputana it was only 15,000. It
is, therefore, thought that it would be bolter not to constitute a separate Committee for
Rajputana. The reason is obvious. All these Advisory Committees involve a great deal of
administrative cost, and I do not want that the money in the Fund should be spent on mere
matters of administration more than we can help it. We, therefore, propose that it would
be better to economize by not having one Committee and to leave the matter to be provided
for in some other way. Sir, I do not know whether there is any other clause in the bill
which requires any explanation or any specific comment. As the House will see, the matter
is very urgent and I am very keen to see that this Bill is put on the statute book.
I
find there is an amendment in the name of Honourable Members, the object of which is to
send this bill to a Select Committee. I am not willing or rather I am opposed to referring
this Bill to a Select Committee, because I do not think that this Bill can be said to be
either controversial or complicated as to require the labours of a Select Committee to be
spent upon it. However, if the members of the House are keen on having the matter referred
to a Select Committee, if they agree that the Select Committee shall be authorised or
directed to return the Bill before the Session ends, so that I can move the second reading
of the Bill, I would not object to such an amendment. Sir, I move. Mr. President : Motion
moved :
"
That the Bill to constitute, a fund for the financing of activities to promote, the
welfare of labour employed in the mica mining industry be taken into consideration."
Mr.
Ahrned E. H. Jaffer
(Bombay Southern Division : Muhamma-dan Rural) : Sir, I move :
"That
the Bill be referred to a Select Committee consisting of the Honourable Sir Ashoka Roy,
the Honourable Dr. B. R. Ambedkar, Miss Maniben Kara, Mr. S. C. Joshi, Babu Ram Narayan
Singh, Sri R. Venkatasubba Reddiar, Mr. Gauri Shankar Saran Singh, Sri A. Karunakara
Menon, Prof. N. G. Ranga, Mr. Geoffery W. Tyson, Mr. Madandhari Singh, Dr. Sir Zia Uddin
Ahmad, Khan Bahadur Hafix M. Ghazanfarulla, Mr. Muhammad Nauman and the mover with
instructions to repoit by the 15th April, 1946, and that the number of members whose
presence shall be necessary to constitute a meeting of the Committee shall be five."
Mr.
President :
Will 15th be all right ?
The
Honourable Dr. B. R. Ambedkar:
No, it will be too late.
*
*
*
The
Honourable Dr. B. R. Ambedkar : I
did not say that I would have out Rajputana. I shall be constituting a separate committee.
Diwan
Chainan Lall : I
did not hear my Honourable friend say that he would constitute a separate committee. I
Ilcard him say, " Some other means ". I am glad he says " some separate
committee " now. As far as this measure is concerned, Rajputana is lelt out.
The
Honourable Dr. B. R. Ambedkar :
There welfare measures will be carried out with the aid of this fund.
Diwan
Chaman Lall :
Will the money from Madras and Bihar be taken to help the Rajpulana workers ?
The
Honourable Dr. B. R. Ambedkar :
We might employ some other agency, some other organisation in order to carry out the activities connected with welfare workers. The
Fund will pay.
*
*
*
[f.34]
The Honourable Dr. B. R. Ambeclkar : I
do not propose to take very long in replying to the criticisms which have been made
against this Bill. I wish to state very briefly my opinion with regard to the points that
have been raised to state very briefly my opinion with regard to the points that have been
raised by three speakers. I shall first deal with the points raised by my friend Mr.
Tyson. I had made no reference in the speech that I made in support of my motion with
regard to the surplus stock of mica or the additional cesses that were proposed to be
levied and the report of Mr. Justice Reuben. Sir, I deliberately did not touch upon these
points in my speech, because I knew that these points would be raised by my friend Mr.
Tyson and that I would have to reply to them. If I did not do so it was largely because I
wanted to save the line of the House.
Now,
Sir, the position is this, that although the Labour Department and the Government of India
have decided to proceed wilh measures of social welfare on the basis of the report made by
Prof. Adarkar, the decision was taken by the Labour Department long before the report of
Prof. Adarkar was made. I am glad to say that the decision taken by the Labour Department
has been fully supported by Mr. Justice Rcuben in his report on the Mica industry.
In
fact he himself has suggested that there should be a general levy on the mica produced or
exported and that about 5/12 of the receipts under the general cess should be set apart
for labour welfare in the mica mines. Therefore in proceeding with this measure we are in
no sense departing from the report made by Mr. Rcuben. All that we have done is that
instead of having a single cess as suggested by Mr. Rcuben to be distributed and allocated
for different purposes we have thought it necessary to have a separate fund for welfare
and another fund for certain administrative measures that may be necessary for the
industry as such. The reason for making this decision is obviously due to the fact that
the welfare fund will have to be administered by a separate agency, while the fund for
other purposes will have to be administered by a separate agency. There my Honourable
friend Mr. Tyson will see that the decision of the Government of India is in full accord
with the report of Mr. Rcuben.
With
regard to the additional cess we have, as my Honourable friend will see, fixed the cess in
the initial stage at a very low figure. The figure suggested in the Rcuben report is 6 per
cent. ad valorem......
Mr.
Geoffrey W. Tyson :
Labour or General ?
The
Honourable Dr. B. R. Ambedkar :
General. This is a matter which will have to be examined at a later stage as to exactly
what should be the pitch of the cess in order that the cess may produce sufficient revenue
which would be adequate both for welfare and other purposes.
Diwan
Chaman Lall:
How much does my Honourable friend expect ?
The
Honourable Dr. B. R. Ambedkar :
Wait, I will come to that a little later. With regard to the question of surplus stock I
would like to inform the House that the Government of India has been in negotiation with
His Majesty's Government for a long time over the question of the disposal of surplus
stocks of mica which have been held by His Majesty's Government as well as by the United
States. I am glad to say that we have come to an agreement whereby no sort of harm will be
done to the mica industry by the disposal of the surplus stock. The negotiation has
reached the final stage and in a few days time a press note will be issued informing the
industry and the general public of the arrangement which has been arrived at between His
Majesty's Government and the Government of India. I might say that this arrangement has
the fullest support of the mica industry itself.
With
regard to this measure I would like also to inform the House that this measure has been
undertaken with the fullest consent of the industry itself. This question was first
broached by me at a conference which was held at Kodarma on 29th April 1944, at which I
presided and the representatives of the mica industry were also present, and I was glad to
find that the industry as a whole responded to my suggestion for having a welfare fund.
The matter was again taken up on 9th November 1945, at a conference held at Dhanbad under
the chairmanship of the Coal Mines Welfare Commissioner. There again, the producers of
mica accepted the suggestion. Lastly, a third conference was held on 19th December, 1945,
also at Dhanbad under the chairmanship of the Secretary of the Labour Department, where a
final agreement was reached between the Government and the Mica mineowners. I would also
like to state that our proposal to levy a cess on the industry does not seem to have
discouraged the industries from further exploiting the field of mica production and I find
that during the last few months, there have been to my knowledge at any rate, three big
flatations of new companies which have entered into the field of mica. I find, for
instance, a new flatation under the name of Micantic and Mica Products Co., Ltd., from
Madras with an authorised capital of Rs. 5
lakhs. Another is called the Saraswati Mica Industries Limited, from Calcutta with an
authorised capital of Rs. 5 lakhs and I know as a matter of fact that the Christian Mining
Industries Ltd., have also applied for capital issues for mica mining and for the
establishment of a micanite factory. These circumstances would show that the cess has not
been viewed by the industries in any tragic manner and I think that they believe that it
would be possible for the industry to bear the burden of this welfare cess.
Coming
to the points made by my friend Diwan Chaman Lall, I must apologise for not supplying him
with a copy of the report which he had asked for at some early stage. I must say that I
altogether forgot about it. But I do not think that he has in any way lost in dealing with
the matter in the way in which he has dealt with it. All that probably he would have done
if he had the report is that he would have made a speech of double the length of what he
did.
With
regard to the question that he put to me as to how much revenue the cess will produce, I
hestitate to give the house any definite figure and the reason is quite obvious. The
production of mica has not been at a very steady figure. For instance, I have figures here
from 1934 to 1944. In 1934, the value of mica produced was Rs. 6,30,525, while in 1944, it
was 2,73,01,458 and there have been various figures for the different years in the
intervening period. It is no use, therefore, for me to give the House any particular
figure. We must allow sometime for the industry to stabilise itself in the post-war
period. But taking the figure for 1944, I calculate that the cess would be somewhere in
the neighbourhood of Rs. five lakhs. I quite appreciate that that is not a very large sum.
Personally, if I may say so, what I am fighting for is the establishment of a principle.
II' later on it was found that the fund was not
sufficient, it would be still open for any member of the Government who would be in charge
of this to come forward and increase the cess and thereby augment the amount and carry on
the measures of social welfare which otherwise would not be possible.
With
regard to the Mica Purchase Mission, the point to which my friend made reference, is a
matter not relevant to the Bill which we are considering and I do not therefore propose to
enter into the questions arising out of the Mica Purchase Mission's activities. But I can
tell my friend that so far as I know anything about it, the industrialists engaged in the
production of mica in this country have not only not had any harm done to them but I am
quite satisfied that they have made more than ordinary profits.
My
friend, Diwan Chaman Lal, spent a great length of his speech in discussing the lax
administration of the Mines Act. He referred to the employment of children and of other
matters relating also to employment of women. As I said, I am quite aware of this fact,
and the Labour Department has on the anvil legislation to remove all the defects which
have been reported upon by Mr. Adarkar in the course of his Report dealing with the
workers in mica mines. And if there was time available to Government, it would have been
possible even in this session, to bring forth a Bill to remove those evils. But I have no
doubt that that will be done without delay.
Coming
to the points reaised by my friend, Mr. Ram Narayan Singh, I know he made a great point,
that this was a very delayed measure.
He
said that the mica industry was there, the evils have been there, Government has been here
and nothing was done. If I may tell him, he only forgot to mention one thing, that he also
was there, and for a long number of years, If he had taken the earliest opportunity to
move in this matter to energize and organise the conscience of the Government and of the
industrialists, I have no doubt that the delay of which he has complained would never have
occurred. But I hope he will agree that it is better late than never.
With
regard to the question of administration of the Fund, I think the point that he made was
that the administration should be left to the Provincial Governments. I am sorry to say
that I cannot accept that principle. This legislation is a Central legislation. It is a
legislation for which the Central Government is responsible. The Fund is raised by the
Central law. The Fund is raised for a particular and specific purpose. Having regard to
these circumstances, it seems to me unjustifiable on the part of the Government of India
to allot the whole of this sum to the Provincial Governments, where they might be merged
in the general revenues of the Province and spent, I suppose, in accordance with the
wishes1 do not say whims of the Provincial Government. I am of opinion, since th5e
responsibility for the Fund is a Central responsibility, since the Fund is for a specific
purpose, and since it would be a sort of a trust which the Government of India would be
administering, it is in every way desirablenot only desirable but
necessarythat the Central Government from
beginning to end should keep its hand on the administration of this Fund. While this is
so, I should like to tell my Honourable friend that he has probably not studied the way in
which the Coal Mines Labour Welfare Fund is administered. I would therefore like to tell
him some details about it because the administration of the Coal Mines Welfare Fund would
be the modelindeed not only the model but the patternon which the
administration of this Fund will be carried on. In the matter of the Coal Mines Welfare
Fund, the administration is vested in a Commissioner who is generally a provincial
officer, an officer lent by the Provincial Government. If I may tell him, the person who
is now administering the Coal Mines Welfare Fund is an officer lent by the Bihar
Government, and he should rest assure that even in the matter of the administration of the
Mica Fund we shall be applying to the Bihar Government to lend us an officer of the Bihar
Government. As I said, and as the Bill provides, the constitution of the Committee will be
such that the representatives of the mica industry from Bihar and also from Madras, would
be local people knowing local conditions. Further, according to the constitution of the
Coal Mines Welfare Fund, the orders provide by rules that the Provincial Governments shall
send their representatives to be members of the Advisory Committee. The same procedure
will be followed with regard to the Mica Advisory Committee. We shall provide that by
rules. These Committees meet every three months, certain agenda is prepared and the advice
of the Committee is sought. There are men drawn from producers, owners, workers and from
Provincial Governments as well. The annual budget is also placed before the Advisory
Committee. Their advice is obtained. It is after their advice is obtained that the Funds
begin to operate on the various purposes for which money has been provided.
With
this I believe my friend, Mr. Ram Narayan Singh, will see that there is not going to be
any autocracy from the centre. Here is a great deal of decentralisation, a great deal of
co-operation in the administration of this Fund between the producers, the workers and the
Provincial Government. Sir, I do not think that there is any other point which has been
raised in the course of the speeches on this Bill to which I have not given my reply, and
I do not think, I need say anything more than this. Mr. President : The question is :
"
That the Bill be referred to a Select Committee consisting of the Honourable Sir Asoka
Roy, the Honourable Dr. B. R. Ambedkar, Miss Maniben Kara, Mr. S. C. Joshi, Babu Ram
Narayan Singh, Sri R. Venkatasubba Reddiar, Mr. Gauri Shankar Saran Singh, Sri A.
Karunakara Menon, Prof. N. G. Ranga, Mr. Geoffrey W. Tyson, Mr. Madandhari Singh, Dr. Sir
Ziauddin Ahmad, Khan Bahadur Hafizz M. Ghazanfarulla, Mr. Muhammad Nauman and the mover,
with instructions to report by the 12th April, 1946, and that the number of members whose
presence shall be necessary to constitute a meeting of the Committee shall be five."
The motion was adopted.
66
[f.35]
Industrial
Employment (Standing Orders) Bill
The
Honourable Dr. B. R. Ambedkar
(Labour Member):
Mr.
President, Sir, I move :
"
That the Bill to require employers in industrial establishments formally to define
conditions of employment under them be taken into consideration.
Sir,
this is a very simple measure and, so far as I can see, is a non-controversial measure.
The object of the Bill is to have the terms and conditions should be certified by a
competent officer appointed for that purpose, and that it should form a sort of register
of what the terms and conditions of employment are in any particular establishment. The
Bill seeks to make a difference between mere registration of the terms and conditions of
employment and adjudication upon the fairness and reasonableness of those terms and
conditions of employment. This Bill does not touch the question of adjudication of the
fairness and reasonableness of the terms of employment. Every employer is free under this
Bill to fix whatever terms and conditions of employment he may like to fix. All that the
Bill requires is this, that he should, after framing the terms and conditions of
employment applicable to workmen employed in his establishment submit them to an officer
employed by the Government and that the officer will take a note of those terms and
conditions, enter them in his register, and this register will be the basis of determining
what actually the terms and conditions were. In other words, if I may put it differently,
the Bill is merely enacting what might be called a rule of evidence, so that if this Bill
passes, if there is any dispute as to what the terms and conditions were with regard to
any particular establishment as between the employer and the workman, the evidence that
the law will admit will be the documentary evidence, a certified copy furnished to the
employer by the certifying officer, and that oral evidence will not be permitted. If the
House will refer to clause 12 of this Bill they will see this point made abundantly clear.
It says :
"
No oral evidence having the effect of adding to or otherwise varying or contradicting
standing orders as finally certified under this Act shall be admitted in any Court."
That
is really the purport of this Bill. As I said, there is no new principle involved in it.
Such an Act exists in the province of Bombay already and all that the Bill proposes to do
is to extend the provisions of that Act to other provinces in India.
The
Bill has several clauses which are mere matters of procedure, defining how the certifying
officer shall proceed in the matter when he receives the text of the terms and conditions
from the employer. He is required to give notice to the workman employed in that
establishment and to hear them before giving any certificate. The employer, if he finds
that the terms and conditions he has proposed are perfectly in accord with the provisions
of this Act and the certifying officer does not issue to him a certificate, he has the
right also to go to an appellate court and get the decision of the certifying officer
reversed.
I
do not think it necessary for me to take the time of the House, especially when we are so
short of it, to dilate upon the different clauses in this Bill. But I think it necessary
for me to state why the Government thinks that this Bill is not only necessary but is also
very urgent. This Bill is very integrally related to another measure which Government has
in contemplation and that relates to the Health Insurance, which the Government proposes
to bring forth at the next Session. The Health Bill gives an employee certain rights with
regard to benefits ; it levies certain obligations upon them to make contributions to the
Health Insurance Fund. These rights and obligations are very integrally related to, for
instance, the wages which the employee would be drawing in different establishments. Now,
disputes may arise as to the contribution that an employee is bound to pay to the fund.
Disputes may arise as to what benefit an employee is entitled to draw under the insurance
fund. In order that such disputes may be settled finally. Government thinks it necessary
that the terms and conditions of employees should be certified and laid down in a
document, so that when the dispute arises we will have before us unimpeachable evidence as
to the wages and other conditions by which the employee is bound. In fact it is felt that
it would be very difficult to work the health insurtance fund unless and until we have
placed beyond cavil, beyond doubt and beyond dispute certain questions relating to the
employment of the workers in the industrial establishments.
With
these observations I move that this Bill be taken into consideration.
*
*
*
[f.36]
The Honourable Dr. B. R. Ambedkar :
Mr. President, I did not think that my motion that the Bill be passed would invoke the
sort of debate that we have heard just now. I cannot help saying that I was particularly
amazed at the speech of my Honourable friend Dr. Sir Zia Uddin Ahmad and I have a sort of
fear that his speech was due to the fact that he probably had eaten something which was
indigestible for his lunch, because as we know Dr. Zia Uddin Ahmad has been a most
persistent advocate of labour legislation and more than once he has on the floor of the
House urged upon me the necessity of bringing in labour legislation of far greater
magnitude and without any delay. Today he has made a speech of just the opposite tenor.
But I am glad to see that his observations on that point have been so completely answered
by my friend Mr. Siddiqi that I think I would not be justified in taking the House over
that matter again.
There
is only one point which he made to which I would like to give a reply. He said that he had
not sufficient notice about this Bill. The position with regard to that matter stands as
follows. The agenda on which this Bill was placed was circulated to the Honourable Members
on Friday, the 6th instant. On that agenda this Bill was placed as the first item of
Legislative Business and not only it was placed as part of the Legislative Business but
there was added a footnote in which it was definitely stated that this item would be taken
on Friday, the 12th April, 1946, as the first item of Legislative Business. I do not know
whether six days notice can be regarded as insufficient.
So
far as the Bill itself is concerned I had hoped that I should be able to get it through
within 15 minutes but we have now practically spent nearly one hour and five minutes in
dealing with this Bill and I cannot therefore see how
anybody could say that I am trying to rush this measure through the House.
With
regard to the point made by my friend, Mr. Inskipt, that in this matter they had not had
sufficient notice to consult their clients, I cannot help saying that he has entirely
misunderstood the previous history, or forgotten the previous history of this Bill. This
Bill was placed before the Standing Labour Committee in the year 1944. The Committee was
completely unanimous and the Committee suggested that the Bill was so necessary and that
it was so non-contentious that Government might as well pass the Bill in the form of an
ordinance, which we did not do. Thereafter, the matter was again discussed in the Indian
Labour Conference.
Another
point which he made was that the Bill, as it is now presented to the House, was not in the
same form in which it was placed before the Labour Conference. I would like to tell him
that it is entirely a mistaken view. Government has made no changes whatsoever in the form
of the Bill as it was placed before the Tripartite Conference.
My
friend, Professor Ranga, raised a question
regarding the applicability of this Bill to smaller factories. My friend, Mr. Gwilt, also
emphasized it and said that I should give an explanation. Anyone who read sub-clause (3)
of clause I would not certainly be labouring under any such misapprehension that the Bill
is intended only to industrial establishments wherein one hundred or more workmen are
employed, because that clause itself states that Government will have the power and the
authority to extend this " to such class or classes of other industrial
establishments as the appropriate Government may from time to time, by notification in the
Official Gazette, specify in this behalf." Government, therefore, has retained the
power in its own hands to make it applicable to industrial establishments which may have
less than hundred people. Therefore, any fear which is entertained on the ground that this
is intended primarily to apply to industrial establishments wherein one hundred or more
persons are employed and that consequently other establishments employing lesser number of
people would be excluded, is a fear which I submit is completely unfounded.
Diwan
Chaman Lall
: May I intervene for a minute ? On page 2, in clause 2(c) (ii), under definition of
industrial establishment it is stated that " it means a factory as defined in clause
(i) of section 2 of the Factories Act ". I take it that factory as defined there is
covered by the Factories Act. But a factory of twenty people will not be covered by the
definition of " industrial establishment " given here.
The
Honourable Dr. B. R. Ambedkar:
But Government may apply it even to a factory having twenty persons.
Diwan
Chaman Lall
: It may ; but it does not mean that it should.
The
Honourable Dr. B. R. Ambedkar :
We are starting with those having one hundred.
Mr.
Leslie Gwilt :
Why not start with less ?
The
Honourable Dr. B. R. Ambedkar :
There is nothing to prevent Government from starting with even a lesser number.
Diwan
Chaman Lall :
If the Indian Factories Act can apply to an establishment where there are only twenty
people employed, why should not this also apply similarly to an industrial establishment
under this Bill ?
The
Honourable Dr. B. R. Ambeclkar :
As it is, there is nothing under the Act which will not enable Government to impose the
obligation upon even factories employing twenty persons. We thought fit to make a
beginning. Further, the administrative machinery may probably have to be very vast if it
were to apply to every factory. The number of certifying officers and appellate
authorities may be too many and no Provincial Government may be in a position to provide
that administrative machinery. It is necessary to make a beginning on a modest scale,
reserving to ourselves the power to extend it to all those where such extension may be
necessary.
I
do not think there is any other point which was made in the course of the speeches on this
motion which calls for explanation. Sir, I move:
Mr.
President : The question is :
"
That the Bill, as amended, be passed." The motion was adopted.
67
[f.37]
Mica Mines
Labour Welfare Fund Bill
The Honourable Dr.
B. R. Ambedkar (Labour Member) : Sir, I move:
"
That the Bill to constitute a fund for the financing of activities to promote the welfare
of Labour employed in the Mica Mining Industry, as reported by the Select Committee be
taken into consideration."
The
Bill has emerged practically as it was from the Select Committee with changes which are so
inconsequential that I think it would be wrong on my part to take the time of the House to
refer to it. I will therefore do no more than move the motion.
Mr. Deputy
President : The question is :
"
That the Bill to constitute a fund for the financing of activities to promote the welfare
of Labour employed in the Mica Mining Industry, as reported by the Select Committee be
taken into consideration."
The
motion was adopted.
Mr.
Deputy President :
The question is :
"
That Clause 2 stand part of the Bill." The motion was adopted. Clause 2 was added to
the Bill. Clauses 3 and 4 were added to the Bill. Mr. Deputy President : Clause 5.
Pandit
Mukut Bihari Lal Bhargava (Ajmer-Merwara : General) : Sir, I beg to move :
"
That in sub-clause 3(a) of clause 5 of the Bill, after the word ' fund ' and before the
word ' and ', the following be inserted, namely :
'
Provided that no officer shall be deemed to be competent to enter a private dwelling house
between the hours of sunset and sunrise and in case of such dwelling house being occupied
by women without proper notice of such entry to the inmates '."
Mr.
Deputy President:
The Honourable Member just now has given notice of this amendment. It has not been
circulated to the Members.
The
Honourable Dr. B. R. Ambedkar:
Sir, I object to it.
Mr.
Deputy President : I
am afraid this amendment has come too
late
and it cannot be permitted at this stage.
Prof.
N. G. Ranga (Guntur-
cum-Nellore: non-Muhammadan Rural) : Have you any objection to that ?
The
Honourable Dr. B. R. Ambedkar : I
strongly object to it.
Mr.
Deputy President:
Does the Honourable Member want to
speak
on clause 5 ?
Pandit
Mukut Bihari Lal Bhargava: No, Sir. Mr. Deputy President : The question is :
"
That Clauses 5 and 6 stand part of the Bill." The motion was adopted. Clauses 5 and 6
were added to the Bill. Clause I was added to the Bill. The Title and Preamble were added
to the Bill.
The
Honourable Dr. B. R. Ambedkar:
Sir, I move:
"
That the Bill, as amended, be passed."
Mr.
Deputy President :
Motion moved : " That the Bill, as amended, be passed."
68
Miscellaneous
[f.38]
SCHOLARSHIPS
FOR SCHEDULED CASTE STUDENTS
With
a view to improving the educational and economic condition of the Scheduled Castes, the
Government of India have decided to give scholarships for the year 1946-47 to students
belonging to these classes in British India who wish to pursue their studies in scientific
and technological subjects beyond the Matriculation stage. These scholarships are tenable
in India only. No scholarships for studies abroad will be awarded by the Board this year.
The
amounts awarded will cover the entire cost of education including the tuition fee and
other maintenance charges. In the case of Shorthand and Typewriting, short period stipends
of the value of Rs. 20 p.m. only will be awarded. The courses for which awards will be
available are:
(1) Intermediate
with Science,
(2) B.
Sc. (Pass or
Honours),
(3) M.
Sc.,
(4) Engineering,
(5) Technology,
(6) Medical,
(7) Agriculture,
(8) Teacher's
Training and
(9) Shorthand and Typewriting.
Women
students offering Arts subjects in the Intermediate and Graduate courses will be eligible
for the award of scholarships provided they give an undertaking that they will pursue the
Teacher's Training course at the end of their approved courses of study. If they do not
fulfil this condition they will be required to refund the amount of their scholarships.
[f.39]T.
V. A. EXPERTS TO ADVISE ON DAMODAR VALLEY PROJECT
Mr.
Ross M. Riegel and Mr. Fred C. Schlemmer, leading engineers of the Tennessee Valley
Authority, have arrived in India on a mission to advise on the plans being made by the
Central Technical Power Board for the Maithon. Alyar and Panchet Hill Projects. These are
the first three of the dam sites in the Damodar Project for which outline designs and
detailed estimates are being prepared at present. The plans and designs for the Maithon
Project are in a relatively advanced stage. In regard to the other projects, a good deal
of topographical and other data is still in course of preparation.
Four
Reports
Mr.
Riegel and Mr. Schlemmer do not expect to be in India for more than eight weeks, their
services having been made available to the Government of India by the Tennessee Valley
Authority, with the approval of the State Department, Washington. It is hoped to associate
two leading Indian civil engineers with the Mission, but the present circumstances in
which exceptional efforts are being made to carry out irrigation projects in connection
with the "Grow More Food Campaign " have made it difficult for the Indian
engineers to join the Mission as yet.
The
Mission is to make four reports. Two are to be made to the central Technical Power Board,
and are to comprise a critical examination of the Board's proposals for the form of design
to be adopted and the construction schedule at the dam sites. The other two reports will
be made to the Government of India and will cover recommendations as to the methods of
preparing detailed working designs and carrying out construction work.
[f.40]
WELFARE
TRUST FUNDS FOR WORKERS
The
creation of Welfare Trust Funds for industrial employees was discussed at the eighth
session of the Standing Labour Committee, held on March 15 and 16 in New Delhi with the
Hon'ble Dr. B. R. Ambedkar, Member for Labour, in the chair. A proposal that the Funds
should be financed by the employers on the basis of a certain percentage of the profits
and administered by a committee consisting of representatives of both workers and
employers was examined. The question whether welfare schemes should be made compulsory by
Statute for all classes of employers was also discussed.
Other items discussed by the Committee were the desirability of Central legislation for unregulated factories, amendments to the Trade Disputes Act, the extent of unemployment likely to occur in industries, the attitude of Employment Exchanges during strikes or lock-outs and the Mine Workers Charter proposed by the I.L.O.
Representatives
of the Central and Provincial Governments, Indian States, and employers' and employees'
organisations attended the meeting. Lala Kripa Narain, Mr. Shanti Lal Mangaldas Mr.
Bhagwandas C. Mehta, the Hon'ble Mr. H. D. Townend and Rai Bahadur Syamnandan Sahay were
the delegates on behalf of the employers and Messrs. N. M. Joshi, N. V. Phadke, V. S.
Karnik, A. K. Mukerjee and R. R. Bhole represented the workers.
[f.41]
SOCIAL SECURITY OF LABOUR Rege Committee Reports
Data
relating to all aspects of labour conditions embodied in 35 reports running to nearly two
million words have been complied by the Labour Investigation Committee appointed by the
Government of India on February 12, 1944, with Mr. D. V. Rege I.C.S., as Chairman and Mr.
S. R. Deshpande, Dr. Ahrnad Mukhtar and Prof. B. P. Adarkar as members. Twenty of these
reports were placed on the table of the House in the Central Legislative Assembly on April
9, by the Hon'ble Dr. B. R. Ambedkar, Labour Member.
The
data collected by the Committee relate to the wages and earnings, employment, housing and
social conditions of labour in 38 selected industries, namely : MiningCoal, Manganese, Gold, Mica, Iron Ore
and Salt: PlantationsTea, Coffee and
Rubber: FactoriesCotton, Jute, Silk,
Woolen, Mineral Oil, Dockyard, Engineering, Cement, Matches, Paper, Carpet weaving,
Coirmatting, Tanneries and Leather Goods Manufacture, Potteries, Printing Presses, Glass
Chemical and Pharmaceutical Works, Shellac, Bidi-making, Mica Splitting, Sugar, Cotton,
Ginning and Baling and Rice Mills ; TransportTramways
and Buses and Non-gazetted Railway Staff ; and Other
TypesPort Labour, Municipal Labour, Central P.W.D., and Rickshaw Pullers. This
is expected to help the future planning of social security for labour and legislation by
the Government.
The
Sampling Method
As
it was felt that the peculiar problems of labour had more an industry-wise than a
region-wise dispersion, the Commiltee adopted the sampling method and conducted an
industry-wise survey throughout India. During their two years of work, the Chairman and
the members individually toured the whole of the country visiting 65 Industrial centres as
far apart as Srinagar and Trichinopoly, Quetta and Shillong. On-the-spot investigations
were carried out in 528 centres including plantation estates and mines. No less than,
1,631 establishments relating to various industries were surveyed. Questionnaires
containing hundreds of questions were issued to various industrial concerns, Provincial
and State Governments, Officials and Employers' and
Employees' Organisations. The quantity of factual material analysed on the Committee may
be illustrated by the fact that with regard to the wage census alone 34,080 forms were
received.
The
Committee employed a field staff containing of 16 Supervisors and 45 Investigators who
were sent out on ad hoc surveys. This staff not
only collected information on the spot at the various centres but also drew upon some
other possible source of information. They personally contacted employers, workers and
officials during the course of their investigations.
Representative
centres were selected region-wise for the survey so as to discover differences in the
conditions of labour in the same industry in different parts of the country. The selection
of a concern was generally based on its importance, size, etc., and whether it was subject
to statutory regulations or not. Enquiries related to protection given by existing Labour
legislation, wages and earnings of labour, working conditions, indebtedness, age and
mortality statistics, welfare activities and social security measures.
The
Committee were considerably assisted in their work by Provincial and State Governments,
local bodies, port authorities and Employers' and Employees' Organisations.
DEPARTMENT
OF WORKS, MINES AND POWER
The
division of the Labour Department with the establishment of a new Department of Works,
Mines and Power, came into effect on April 8.
The
Department of Works, Mines and Power will deal with such subjects as the central Public
Works Department and execution of Central Works Projectors, Civil Engineering, Mines and
Minerals, the Geological Survey of India, Major Irrigation Works including Central
Waterways, Irrigation and Navigation Commission, Electricity and Stationery and Printing.
The
Labour Department will continue to deal with all subjects connected with the I.L.O.,
Welfare of Labour, Labour Relations, and Security Measures, Legislation and Enforcement of
Labour Laws, Safety Measures, Resettlement of Ex-Servicemen and Women, Technical and
Vocational Training Schemes, Labour Laws and Statistics, Research and Investigation.
Both
Departments will be in the charge of the Hon'ble Dr. B. R. Ambedkar, Labour Member. Coal
production will however remain temporarily in the charge of the Industries and Supplies
Member.
The
Hon'ble Mr. H. C. Prior will be Secretary of the Department of Works, Mines and Power and
Mr. S. Lall, Secretary of the Department of Labour.
Quick
investigation of the possibility of starting immediately the construction of the first dam
(at Tilaiya) in the Rs. 55 crores Damodar River Project was recommended at a conference of
the representatives of the Central Government and the Governments of Bengal and Bihar held
in New Delhi, on April 23 and 24 under the Chairmanship of the Hon'ble Dr. B. R. Ambedkar,
Labour Member, Government of India.
This
multi-purpose scheme is intended to control the floods of the Damodar and its tributaries,
provide perennial irrigation and power for the benefit of nearly 4,000,000 people living
in the valley and also provide navigation facilities. The whole scheme comprises a series
of eight dams and reservoirs which when constructed will impound about 4,700,000 acre-feet
of water for irrigating some 800,000 acres of land and produce nearly 350,000 kws. of
electricity.
After
considering the reports of the central Technical Power Board and the advice of the
Tennessee Valley Authority engineers, Messrs. Ross Reigel and Fred C. Schlemmer, and their
associates, Rai Bahadur A. N. Khosia and Mr. M. Narasimhaiya, Chief Engineer, Mysore
State, the conference was convinced-of the advisability of pushing forward as rapidly as
possible the scheme as a whole. It has accepted the proposal that the dams across the
Barakar, tributary of the Damodar, should be at Tilaiya (near Kodarma) and at Maithon,
just above its confluence with the main river.
The
conference felt, however, that the start of construction of the larger Maithon dam must be
postponed to October 1947, as it was not posssible for both the Bihar and Bengal
Governments to enter into definite commitments in sufficient time to enable contracts to
be entered into with engineers and contractors, which must necessarily be done almost at
once if a start were to be made by October 1946 the only other alternative. This
postponement would, however, give time to consider in detail a proposal to raise the
height of the dam at Maithon rather than consturct a second reservoir in the mid-Barakar
area.
In
respect of the Tilaiya dam, it was felt that there were fewer difficulties in making a
start. Its early construction would not only provide water for irrigation and facilitate
resettlement problems but also power which would be useful in the construction of the
Maithon dam. The conference, therefore, advised quick investigation of the possibility of
starting work on the Tilaiya dam in advance of other projects.
The
representatives of the Bengal and Bihar Governments stated that their Governments would
not be able to carry out the scheme themselves and suggested the appointment of an
Authority for administering the scheme. The Government of India said they proposed to
appoint Mr. B. K. Gokhale, formerly Adviser to the Governor of Orissa, to look into
administrative aspects and prepare within six months a scheme for the Damodar Valley
Authority. Compensation for Land Acquired
It
was decided that full and fair compensation should be paid for the land acquired for the
purpose of constructing reservoirs and that payment should, as far as possible, be in
kind, by giving land for land. The officer-in-charge of administration will prepare a
detailed scheme for the settlement of dispossessed persons on new land so as to ensure to
them a source of livelihood at least as good as they enjoyed on their original lands.
The
conference agreed that the cost of investigations and surveys should be shared between the
Central and the Provincial Governments concerned and that the general supervision should
be under the central Technical Power Board, and in irrigation and navigation matters the
Central Waterways, Irrigation and Navigation Commission.
*[f43]
SCHEDULED CASTES AND CENTRAL SERVICES
By
a Resolution published in the Gazette of India
of June 15, 1946, the Government of India have decided to increase the reservation in
favour of Scheduled Castes of vacancies filled by direct recruitment in the Central
Services from 8 V per cent. to 12 1/2 per
cent. so as to bring it in accord with the population ratio.
Rules
(1) and (2) in paragraph 4 of the Resolution of August II, 1943, are accordingly amended
as follows:
"
(1) 12.5 per cent of all vacancies to be filled by the direct recruitment of Indians in
the Central Services to which recruitment is made on an all-India basis will be reserved
for Scheduled Castes." " (2) In the case of services to which recruitment is
made by local areas or circles and not on an all-India basis (e.g., Subordinate posts in
the Railways, Posts & Telegraphs Department, the Customs Services, the Income Tax
Department, etc.) the over-all reservation of 12.5 per cent. of vacancies for Scheduled
Castes candidates will be obtained by fixing a percentage for each local area or circle
having regard to the population of the Scheduled Castes in the area or circle concerned
and the rules for recruitment adopted by the Provincial Government of the area or circle
concerned. "
The
communique issued from Viceroy's House on August 24, 1946, stated that His Majesty the
King has accepted the resignation of
the members of the Governor General's Executive Council. In the new Ministry Dr. B. R. Ambedkar
was not included.
[f.1]
Legislative Assembly Debates (Central), Vol. III, 29th March 1945, pp. 2270-71.
[f.2]
Legislative Assembly Debates (Central), Vol. III, 29th March 1945, p. 2276.
[f.3]Ibid., p. 2280
[f.4]
Lcgislative Assembly Debates (Central), Vol. IV, 2nd April 1945, pp. 2315-16.
[f.5]Legislative
Assembly Debates (Central), Vol. IV, 2nd April 1945, p.2318
[f.6]
Legislative Assembly Debates (Central) Vol. IV, 11th April 1945, pp. 2788-89.
[f.7] Indian
Information, April 15, 1945, p. 505.
[f.8]
Indian Information.May 15, 1945, pp. 639-40.
[f.9]Indian
Infomation, August 15, 1945, p. 152.
[f.10]Indian
INformation , October 1, 1945, pp. 345-49.
[f.11]Indian
Information , December 15, 1945, p. 464.
[f.12] Indian
Information, December 15, 1945, pp. 684-88.
[f.13]Indian
Information, December 15, 1945, pp. 692-95.
[f14]Indian
Information, December 15, 1945, p. 697.
[f.15]
Legislative Assembly Debates, Vol. l-No. 2, 22nd January 1946, pp. 106-08.
[f.16]
Legislative Assembly Debates, Vol. l-No. 12, 7th February 1946, p. 606.
[f.17]
Legislative Assembly Debates (Central), Vol. l-No. 12, 8lh February 1946, p. 714.
[f.18]
Legislative Assembly Debates (Central), Vol. l-No. 12, 8th February 1946, p. 715
[f.19]Ibid , p. 716.
[f.20]
Legislative Assembly Debates (Central), Vol. l-No. 13. 8th February 1946, p. 716.
[f.21]
Legislative Assembly Debates (Central), Vol. l-No. 13, 8th February 1946, pp. 719-20
[f.22]Legislative
Assembly Debates (Central), Vol. l-No. 7, 21st February 1946, pp. 1304-6.
[f.23]
Legislative Assembly Debates (Central), Vol. l-No. 7, 21st February 1946, pp. 1312-13.
[f.24]Legislative
Assembly Debates (Central), Vol. l-No. 7, 21st February 1946, p. 1318.
[f.25]
Legislative Assembly Debates (Central), Vol. Ill-No. 4, 5th March 1946, pp. 1898-1900.
[f.26]
Legislative Assembly Debates (Central), Vol. III-No. 7, 11th March 1946, pp. 2138-40.
[f.27]
Legislative Assembly Debates (Central), Vol. III-No. 10, 14lh March 1946, p. 2406.
[f.28]Legislative
Assembly Debates (Central), Vol., IV-No. 7, 26th March 1946, pp. 2926-31.
[f.29]
Legislative Assembly Debates (Central), Vol. V-No. 4, 4th April 1946, pp. 3522-24.
[f.30]
Legislative Assembly Debates (Central), Vol. V-No. 4, 4th April 1946, pp. 3526-27.
[f.31]
Legislative Assembly Debates (Central), 4th April 1946, p. 3532.
[f.32]
Legislative Assembly Debates (Central), Vol. V, No. 4, 4th April 1946, p. 3540.
[f.33]
Legislative Assembly Debates (Central), Vol. V-No. 7, 9th April 1946, p. 3745-47
[f.34]
Legislative Assembly Debates (Central), Vol. V-No. 7, 9th April 1946, pp. 3757-59
[f.35]
Legislative Assembly Debates (Central), Vol. V,-No. 9, 12th April 1946, p. 3914.
[f.36]
Legislative Assembly Debales (Central), Vol. V-No. 9, 12th April 1946, p. 3926.
[f.37]
Legislative Assembly Debates (Central), Vol. V, No. 4, 15th April 1046, p. 4024.
[f.38]
Indian Information, March 15, 1946, p. 310.
[f.39]
Indian Information, April 1, 1946, p. 403.
[f.40]
Indian Information, April 15, 1946, p. 442.
[f.41]
Indian Information, April 15, 1946, p. 568.
[f.42]Indian
Information, June 1, 1946, p. 682.
[f43]Indian
Information, July 15, 1946, p. 34