Saturday 29 November 2014

Digital Life Certificate for Pensioners – Aadhaar based biometric verification system



Aadhaar enabled authentication of Digital Life Certificate for pensioners.  

This being an important step in realizing the vision of Digital India, the Prime Minister’s Office (PMO) has desired that the system is fully operationalised by the end of November 2014 and PMO to be informed of progress by 1st week of December, 2014.



No. 1/19/2014-P&PW (E)
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi
25th November, 2014
OFFICE MEMORANDUM

Sub: Aadhaar based authentication of Life Certificate for pensioners.

The undersigned is directed to forward the minutes of the meeting held on 24th November, 2014 under the chairmanship of Secretary (Pension and AR&PG) on the above subject.

2. As decided in the meeting, the follow-up meeting is tentatively scheduled to be held on 5th December, 2014 at 10:30 a.m. in the Conference Hall, 5th Floor, Sardar Patel Bhavan, Sansad Marg, New Delhi.

3. This is for information and further necessary action.

sd/-
(Vandana Sharma)
Joint Secretary to the Government of India


MINUTES OF THE MEETING HELD ON 24TH NOVEMBER, 2014 ON AADHAAR BASED AUTHENTICATION OF LIFE CERTIFICATE FOR PENSIONERS

Hon’ble Prime Minister launched an Aadhaar-based biometric verification system on 10th November, 2014 to enable pensioners to submit a digital Life Certificate digitally. This being an important step in realizing the vision of Digital India, the Prime Minister’s Office (PMO) has desired that the system is fully operationalised by the end of November 2014 and PMO to be informed of progress by 1st week of December, 2014.

2. Against this back drop, a meeting was held on 24th November, 2014 at 11:00 AM in the Conference Room, 5 th Floor, Sardar Patel Bhavan, New Delhi under the Chairmanship of Secretary (Pension, AR&PG).

3. List of participants is annexed.

4. At the outset, Secretary (Pension) emphasized the need for adhering to the target date desired by the Prime Minister Office. He suggested that a special drive may be launched to achieve the objective, particularly as a significant number of pensioners were in remote areas and hence the need to be sensitive to ground realities. A drive to ensure that all existing Central Government pensioners get the Aadhaar Number issued needed to be undertaken by UIDAI, particularly since some timelines for coverage of Aadhaar have been advised by the government.
(Action: UIDAI)

5. Thereafter, a presentation on online submission of life certificate of a pensioner was made by the technical team of Department of Electronics & Information Technology (DeitY). The team informed that the application would be functional at all 40,000 Common Service Centres (CSCs), of which 115 are in Delhi. Representative of Punjab National Bank informed that 85% of Life Certificate had already been received by them in the existing mode, i.e. in paper form and therefore, 15% needed to be covered, which could be targeted through the Digital Life Certificate system. Secretary (Pension) emphasized that for Digital Life Certificate to succeed, it is necessary that machines at various CSCs and the branches of Banks are functioning properly and their speed is high.
(Action: DeitY & DFS)

6. Various aspects of implementation of this system were then discussed in the meeting and there was a unanimous agreement on the following:

(a) The drop-down menu of the application does not contain names of all pension disbursing banks and the banking treasuries. It was agreed that all banks have to be brought on board immediately and their names must be reflected in the drop down menu.
(Action: DeitY)

(b) Further, representative from DFS was to ensure all Banks are taken on board and are at the same level of implementation. In next meeting DFS may indicate the timeline by which all these banks/banking institutions listed in the drop down menu would be in a position to roll out the same simultaneously.
(Action: DFS)

(c) It is seen that some fields to be filled in by the pensioner are in fact not mandatory. However, there is no indication of that in the menu. It was agreed that appropriate indicator distinctly showing mandatory and non-mandatory fields shall be put in place.
(Action: DeitY)

(d) It was seen from the presentation by NIC that there was no entry for pensioners of Department of Posts in the pull down menu. It was agreed that it shall also be included in the pull down menu. Besides, pensioners drawing pension from Post Offices and from Cash Counters, banking treasuries and DPDOs (Defence) had been left out. For these, necessary provisions needed to be made.
(Action: DeitY)

(e) DFS may ensure that all account numbers in the banks stand be converted into 16 digit numbers immediately, so as to facilitate easy conversion.
(Action: DFS)

(f) On the issue of Remarriage Certificate it was decided that the current system of attestation by gazetted officer required by CGA needs to be looked into. It was agreed to introduce Self Certificate in view of recent measures taken by Government of India. In case there has been no remarriage, then existing software demonstrated by NIC appeared to be adequate. However, in respect of remarriage there needs to be drop down menu incorporated. NIC and CGA needed to quickly resolve the issue. A similar logic would apply to re-employment certificate.
(Action: O/o CGA)

(g) Duration of the One-time Password (OTP) should be appropriately increased and suitable instructions to be made available to pensioner that the OTP is for a limited period.
(Action: DeitY)

(h) In the presentation by NIC, there was an ambiguity in respect of the subtitle of the life certificate which needed to be changed, so that it does not appear that a hard copy of it is to be submitted to the bank by the pensioner.
(Action: DeitY)

(i) Department of Financial Services agreed to issue a circular to the banks stating that digital life certificate is not mandatory but is an additional option for the pensioner. The Department informed that it will hold a meeting quickly with banks regarding seeding of their data banks with Aadhaar Number. It was also agreed that the system at the bank end currently being developed by PNB, will take time to stabilize. IBA will then have to issue generic guidelines for all banks to implement the system. A tentative date schedule for this will be declared by DFS.
(Action: DFS)

(k) It was agreed that adequate publicity be given throughout the country and particularly in the remote areas of the country. Thus, the advertisement prepared by DeitY shall be given due publicity by the Railways and the Banks, so as to reach the pensioner in the interiors of the country.
(Action: DeitY, DFS & Railways)

(n) All Departments/Banks shall report status of implementation of this system before the next meeting tentatively proposed to be held at 10.30 AM on 5 th December, 2014.

7. The meeting ended with a vote of thanks to the Chair.

AMENDMENTS TO LABOUR LAWS

GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA

UNSTARRED QUESTION NO 147
ANSWERED ON 24.11.2014
AMENDMENTS TO LABOUR LAWS

147 . Jayadevan Shri C. N., Kodikunnil Shri Suresh
Yadav Shri Dharmendra, Ram Mohan Naidu Shri Kinjarapu
Shrirang Shri Chandu Barne, Patil Shri Shivaji Adhalrao
Saraswati Shri Sumedhanand, Bhuria Shri Dileep Singh

Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:-
(a) whether the Union Government and also some State Governments have proposed certain amendments in labour laws;
(b) if so, the details of the proposed amendments proposed by the Union and the State Governments separately along with the reasons therefor;
(c)the extent to which the proposed changes in the labour laws are likely to reduced hassles for employers and employees;
(d)whether the Government has also proposed for self-certification by the employer regarding the safety and security of the employees and of the people in and around the factory; and
(e)if so, the details thereof?
ANSWER
MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI BANDARU DATTATREYA)
(a): Yes, Madam.
(b): The details of the amendments proposal by the Union Government are at Annexure-I.
The details of amendment proposals received from State Governments for seeking concurrence are at Annexure-II.
(c) to (e): Review/updation of labour laws is a continuous process in order to bring them in tune with the emerging needs of the economy after tripartite consultations amongst Government, Employers’ & Employees’ Organizations. While undertaking such changes overall interests of labour like wages, employment, social security, working environment, health and safety etc. are protected keeping in view the requirements of the Indian Industry to make it efficient and internationally competitive. This constitutes an essential part of labour reforms which essentially means taking steps to increase production, productivity and employment opportunities in the economy.
The Ministry of Labour & Employment is also proactively engaged in addressing the issues related to multiplicity of labour laws and the ease of compliance to promote an enabling business environment.
A single unified Web Portal has been developed for Online Registration of units, Reporting of inspections, and submissions of Annual Returns and redressal of grievances. This portal facilitates ease of reporting at one place for various Labour Laws by a single online annual return; consolidate information of Labour Inspection and its enforcement thereby enhancing transparency in Labour Inspection as well as that in monitoring of Labour Inspections.
Annexure-I
The Child Labour (Regulation & Abolition) Act, 1986
  •  Linking the definition of child under this Act to that under the Right to Education Act, 2009,
  •  complete prohibition on employment of children below 14 years and linking the age of the prohibition with the age under Right to Free and Compulsory Education Act,
  •  prohibition of working of Adolescents in Mines, Explosives and hazardous occupations set forth in the Factories Act, 1948,
  •  More strict punishment to the offenders and making the offences under the Act cognizable.
The Factories Act, 1948
  • The threshold limit for coverage under the Factories Act as defined in Section 2(m), is proposed to be amended to include besides the existing limits of 10 workers (for units with power) and 20 workers (for units without power), units with such number of workers as may be prescribed by the State Government with a cap of 20 workers (for units with power) and 40 workers (for units without power) respectively. This will provide flexibility to the State Governments to amend their State Law as per their requirements.
  •          Amendment of Section 66 of the Act relating to permission for employment of women for night work for a factory or group or class or             description of factories with adequate safeguards for safety and provision of transportation till the doorstep of their residence.
  • Amendment of Sections 64 and 65 of the Act to enhance the limit of overtime hours from the present limit of 50 hours per quarter to 100 hours per quarter. The amendment also proposes this limit to be increased to a maximum of 125 hours per quarter in public interest with the approval of State Government.
  • Insertion of provision relating to compounding of certain offences (Section 92 C and new Fourth Schedule) and amendment of Section 92 of the Act enhancing the quantum of penalty for offences.
  • The provision of self-certification has been introduced for the purpose of expansion of the factory through amendment in Section 6.
  • Provision of empowering the State Government to increase the period of spreadover from 10.5 hours to 12 hours (Section 56) through notification in the Official Gazette.
  • Introduction of a new Section 35A on provision of personal protective equipment for workers exposed to various hazards and amendment of Sections 36 and 37 regarding entry into confined spaces and precautions against dangerous fumes, gases etc.
  • Provision of canteen facilities in respect of factories employing 200 or more workers instead of the present stipulation of 250 workers (Section 45) and also provision of shelters or restrooms and lunchrooms in respect of factories employing 75 or more workers instead of the present stipulation of 150 workers (Section 47).
  •  Introduction of new terms like “hazardous substance” and “disability” to existing definitions (Section 2cc. 2ea)
  •  Prohibition of employment of pregnant women (it was earlier for all women) and persons with disabilities on or near machinery in motion and near cotton openers (Section 22 (2)).
  •  Reduction in the eligibility criteria for entitlement of annual leave with wages from 240 days to 90 days (Section 79).
  •  Presently only the State Governments are empowered to make rules under the Factories Act. It is now proposed to empower the Central Government also to make rules under the Act on some of the important provisions.
The Mines Act, 1952
  •  Amend the “long title” so as to provide that “the regulation of conditions of work, health and welfare of persons employed in mines”,
  •  Substitute the definition of owner so as to make it more comprehensive;
  •  Define “foreign company” with reference to the Companies Act, 1956;
  •  Make provisions for appointment of officials in addition to agents of the employer in the mines;
  •  Increase the penalties provided in sections 63 to 70, sections 72A, 72B, 72C and 73 and also to shift the burden of proof upon the person who is being prosecuted or proceeded against to prove that it was not reasonably practical, o, all practical measures to satisfy the safety requirements; and Amend section 76 so as to enlarge the scope to cover the foreign companies and to insert a new section 76 A to provide that the person who has actual ultimate control over the affairs of the mines would continue to be liable for the contravention of the provisions of the Act or of any rule or regulation or by law or order made there under.
Minimum Wages Act, 1948
  • Statutory recognition of National Floor Level Minimum Wage (NFLMW) and to make it applicable to all employments and removing the restriction of 1000 or more workers for an employment to come within the purview of Minimum Wages Act.
  • Review and revision of NFLMW at intervals not exceeding five years, besides, a component of variable dearness allowance will be worked out on the basis of rise in consumer price index for industrial workers every six months.
  •  Making applicable NFLMW in respect of an employment where no minimum wages has been fixed by both State and the Centre Government.
  •  Review and revision of the minimum rates of wages at intervals not exceeding five years, if the minimum wages has a component of variable dearness allowance worked out on the basis of rise in consumer price index for industrial workers, and in any other case at the interval of two years.
  •  Fixing the minimum wage not below the NFLMW and, where there is variation between the rates of minimum wages and NFLMW, to make applicable the higher of the two.
  • Giving wage cards to the employees by employers, in addition to wage books and wage slips as part of the maintenance of records.
  •  Accepting claims regarding minimum wages, within 12 months, instead of existing time period of six months.
  •  Enhancing the fine prescribed for contravention of certain provision of the Act from Rs.500/- to Rs.5000/- on first conviction and with imprisonment for a term which may extend to one year or with fine of not less than Rs.5000 extending up to Rs.10,000 in the case of second or subsequent conviction.
  •  Enhancement of compensation payable to the workers and measures to streamline the enforcement provisions.
  •  Making applicable in Central Sphere, the minimum wages fixed by the State Government in respect of particular employment, where no minimum wages have been fixed by the Central Government.
  •  Making applicable in Central Sphere, the higher minimum wages fixed by the State Government in respect of a schedule employments where the minimum wages fixed by the Central Government is lower.
  •  Amend the definition of the “Appropriate Government”.
The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
  •  Extending the coverage of the Principal Act from 9 Scheduled Acts to 16 Scheduled Acts as had been proposed in the 2005 Bill,
  •  Continuing with the existing method of defining establishments as ‘very small’ and ‘small’ with the change that the ‘small’ establishments would now cover the establishments employing between 10 to 40 workers as against the existing provision of 10 to 19 workers,
  •  The small establishments will be required to maintain two registers as against the existing provision of maintaining three registers,
  •  Allow maintaining of registers or records in computer, floppy, diskette or on other electronic media and submitting return through e-mail as had been proposed in the 2005 Bill.
Annexure-II
State Legislation – Amendment proposals of Government of Rajasthan
1. The Industrial Disputes Act, 1947 (2-A):- In case of dismissal, discharge, retrenchment or termination of an individual workman, for raising the industrial dispute 3 years limitation period is proposed.
The provision of 3 years limitation period for raising the Industrial Dispute already exists in the ID Act, 1947. Section 2A(3) was inserted vide amendment of 2010, providing limitation of period of 3 years from the date of dismissal, retrenchment, discharge for making the application to the Labour Court/Tribunal.
2. The Industrial Disputes Act, 1947 (9 D – Rajasthan Amendment). For the purpose of recognition of the trade union, the membership of the trade union is proposed to increase from 15% to 30%.
The Government of Rajasthan only amended the Industrial Disputes Act, 1947 in 1958 and inserted a provision for registration of the representative union. Similar provision do not exist in the Central Act. Ministry of Labour of Employment has no objection to the proposed amendment for increasing membership of union from 15% to 30% for the purpose of registering as representative union.
3. The Industrial Disputes Act, 1947 (25-K). For applicability Chapter V-B i.e. Pre-conditions of permission from the appropriate government, notices, compensation for lay off, retrenchment, closure, it is proposed to increase from 100 to 300 workmen. However, State Govt. can also apply provisions of Chapter V-B to an establishment in which less than 300 but not less than 100 workmen are employed.
For applicability of Chapter V B of Industrial Disputes Act, 1947 i.e. Pre- conditions of permission from the appropriate government, notices, compensation for lay off, retrenchment, closure, 100 or more workmen is required.
In the year 1984 by amendment of the Act, for applicability of Chapter V B, the limit of number of workmen were reduced from 300 to 100 for giving statutory protection to workmen of smaller establishments. The trade unions will strongly oppose the proposal of Rajasthan Government for increasing the number of workmen from 100 to 300. It is also not clear whether tripartite consultations have taken place as required under ILO Convention 144.
4. Industrial Disputes Act, 1947[25-N (1) (a)]: 3 months’ notice or wages in lieu of notice period is required to be paid before retrenchment or closure. It is proposed to delete the wages in lieu of notice period.
The proposal for removing the wages in lieu of the 3 month’s notice in case of retrenchment or closure, and making three months notice compulsory, the Ministry of Labour & Employment has no objection to this proposal.
5. Industrial Disputes Act, 1947 [25-N (9)]: In case of retrenchment in addition to the prescribed compensation i.e. 15 day’s wage for each completed year of service. It is proposed to pay to three months average pay to Workman.
The proposal is to provide additional financial security to the retrenched workmen in addition to the compensation prescribed in Section 25-N (9) of the Industrial Disputes Act, 1947. The Ministry of Labour & Employment has no objection to this proposal.
6. Industrial Disputes Act, 1947 {25-O(8)} In case of closure in addition to the prescribed compensation i.e. 15 day’s wage for each completed year of service. It is proposed to pay to three months average pay to Workman.
The proposal is to provide additional financial security to the retrenched workmen in addition to the compensation prescribed in Section 25-O (8) of the Industrial Disputes Act, 1947. The Ministry of Labour & Employment has no objection to this proposal.
7. The Industrial Disputes Act, 1947 Para 5 of part II of the fifth schedule i.e. unfair labour practices related to “go slow”. Proposed to define “go slow”.
The Ministry of Labour & Employment has no objection to the proposal to define “go slow”.
8. The Contract Labour (Regulation & Abolition) Act, 1970 Section 1(4)(a) & (b). For applicability of the Act, the number of workmen is proposed to increase from 20 to 50.
The two days strike notice by all CTUOs included the issue to protect the interest of contract labour. If the number of workmen increased from 20 to 50 for applicability of the Act, a large number of contract labour would be deprived from the benefits/protection provided in the Act. Since the issue of contract labour is frequently raised by all the CTUOs, they will strongly oppose this proposal. It is also not clear whether tripartite consultations have taken place as required under ILO Convention 144.
9. The Factories Act, 1948 Section 2(M)(I). Proposal is to increase from 10 to 20 workers with the aid of the power for the purpose of definition of factory.
The Factories Act, 1948 provide for the health, safety and welfare of the workers. In the absence of any other alternative provision, just taking out the workers from the Factories Act is likely to be opposed by the trade unions. It is also not clear whether tripartite consultations have taken place as required under ILO Convention 144.
10. The Factories Act, 1948 Section 2(M)(II). Proposal is to increase from 20 to 40 workers without the aid of power for the purpose of definition of factory.
The Factories Act, 1948 provide for the health, safety and welfare of the workers. In the absence of any other alternative provision, just taking out the workers from the Factories Act is likely to be opposed by the trade unions. It is also not clear whether tripartite consultations have taken place as required under ILO Convention 144.
11. The Factories Act, 1948 Section 105. Power of Inspector for launching the prosecution is proposed to be the power of the State Government i.e. no prosecution can be launched without the previous sanction of the State Government.
The Ministry of Labour & Employment has no objection if the prosecution can be launched with the prior sanction of the State Government.
12. The Factories Act, 1948 Section 106 – Proposed for the compounding of the offences.
The Ministry of Labour & Employment has also proposed for the compounding of the offences in its amendment, hence, has no objection to this proposal.
Source: loksabha.nic.in