TO BE PUBLISHED IN PART-IV OF THE DELHI GAZETTE EXTRAORDINARY GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI LABOUR DEPARTMENT 5 SHAMNATH MARG, DELHI 110054 No. Addl. LC/Mise(2)/12/Lab/ Part File/ | 13¢ Dated: 2.5/4] ) 4 ORDER No. F Addl. LC/Mise(2)/12/Lab/ Part File/ ~ This executive order is issued in compliance of order dated 24" December, 2010 and subsequent order dated 18" December, 2013 of the Hon'ble High Court of Delhi in WP (CrI.) 82/2009 titled as Bachpan Bachao Andolan v. Union of India and others. Whereas, the Hon'ble High Court of Delhi vide the above said order has, inter alia, directed the Govt. of National Capital Territory of Delhi to issue executive directions for the regulation of Private Placement Agencies providing domestic workers in the National Capital Territory of Delhi and to prevent the exploitation of such domestic workers employed through such private placement agencies in the National Capital Territory of Delhi; And Whereas, in compliance thereof and to regulate the private placement agencies as aforesaid, the following order is issued by the Government of National Capital Territory of Delhi, namely: 1. Short title, extent and commencement: (a)This order may be called the Delhi Private Placement Agencies (Regulation) Order, 2014. (b) This order shall extend to all Private Placement Agencies providing domestic workers in the National Capital Territory of Delhi whether their office/ place of business is situated within the National Capital Territory of Delhi or outside thereof. (c) This order shall come into effect on the date of its notification in the Delhi Gazette.2. Definitions: (i) “Domestic Worker” means a person of the age of 18 years or more engaged to do domestic work through a private placement agency and includes a person by whatever name and designated, within an employment relationship, but does not include:- (a)a person who performs domestic work only sporadically; and (b) a person employed through a contractor. (i) "private placement agency" means a person or body of persons other than a government agency, department or organisation engaged in the business of providing domestic workers at the residence of ‘a person; (iii) Labour department means the Labour department of the Govt. of NCT of Delhi (iv) Commission means the Delhi Commission for Women constituted under section 3 of the Delhi Commission for Women Act, 1994 (v) Committee means the Child Welfare Committee constituted under section 29 of the Juvenile Justice (Care and Protection of Children) Act, 2000 3. Registration: ‘The owner/ Proprietor! Managing Partner/ Managing Director of a private placement agency providing domestic workers doing business in the National Capital Territory of Delhi shall register it with the Labour Department under the Delhi Shops & Establishment Act, 1954 or the Inter- State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, within thirty days of the publication of this order in the Delhi Gazette whereupon a registration certificate will be issued to the Private Placement Agency under the said Act. The applicant seeking registration shall furnish following details such as, namely:-(a) Details of the private placement agency; (b) Number of persons/ domestic workers, who are employed through the agency, their names, age and their addresses; (c) Details of the salaries fixed for each person; (d) Addresses of the employers; (e) Period of employment; (Nature of work; and (g) _ Details of the Commissions received from the employers. 4. License for running private placement agency- (i) The owner/ Proprietor/ Managing Partner’ Managing Director of such private placement agency shall, within fifteen days of issuance of the registration certificate by the Labour Department, also apply and obtain a license to run such private placement agency, from the Deputy Labour Commissioner of the district where its office/ place of business/establishment is situated in the prescribed form and shall fulfil such conditions as stated in the license. (ii) The applicant seeking license shall enclose a copy of the registration certificate issued by the Labour Department, Govt. of NCT of Delhi under the Delhi Shops & Establishment Act, 1954 or Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, with the application and shall also furnish following details such as, namel (a) Details of the private placement agency; (b)Number of persons’ domestic workers, who are employed through the agency, their names, age and their addresses; (c) Details of the salaries fixed for each person; (d) Addresses of the employers; (e) Period of employment;(f) Nature of work; and (g) Details of the Commissions received from the employers. (iii) The above said information shall be uploaded on the website of the Labour Department and shall be shared with the Child Welfare Committees and Delhi Commission of Women for verification and seeking further necessary information, 5. Issuance of Passbook to domestic worker: The owner/ Proprietor/ Managing Partner’ Managing Director of the Private Placement Agency shall ensure that a pass book is issued to every domestic worker, affixed with a passport size photograph of the worker, duly attested by the Owner/ Proprietor/ Partner/ Director/ manager of the private placement agency and indicating the following in Hindi, namely:- (a) The name, age and address of the domestic worker; (b) The name of the employer and address and of the house/s where the domestic worker is employed; (©) The proposed period of employment and the periodicity; (d ‘The proposed rate and periodicity of payment, provided that no wage period shall exceed one month; (e) The details of Bank Account number of the domestic worker in which the payment shall be made; (0) The return fare payable to the domestic worker on the expiry of period specified in clause (ii) above: Provided that no fare shall be payable if the period of actual employment is less than twelve months. (g) Name and address of the next of kin of the domestic worker. 6.Agreement to be in writing- Agreement for engagement of domestic worker by the employer through Private Placement Agency shall be in writing.7. Penalty for non compliance: In the event of non-compliance or violation of any provision of this Order penalty of Rs. 50,000/- shall be imposed which shall be recovered as arrears of land revenue upon the Private Placement agency/ its Owner/ Proprietor / Partnet/ Director and the Labour Department may further cancel the registration certificate or license of such private placement agency whereupon it shall not be allowed to carry on business or operate in the National Capital Territory of Delhi. In case any person is found not in possession of licence and registration and/or has not got his agency or himself registered in terms of and/or under the provisions of this order or is found to supply domestic workers without licence or registration, the said person shall be prosecuted under relevant provisions of Law. 8. Duties of the Delhi Commission for Women and the Child Welfare Committee: The Delhi Commission for Women and Child Welfare Committee shall perform the following duties by virtue of the order of the Hon’ble High Court of Delhi, namely:- (a) The Commission and the Committee will go through the records provided by the Labour Department. (b) The Commission and the Committee will verify the information provided and in cases where information is found to be inadequate, seek further information from the private placement agencies after duly summoning them. The Committee shall be authorized to use the services of ‘Childline’, a service set up by the Ministry of Women and Child Development, Government of India and managed by NGOs to verify the information in appropriate cases, The Commission shall identify agencies who would assist them in verifying information with respect to adult women. (©) The Commission and the Committee shall entertain complaints made by the domestic worker herself’ himself of through her/his guardian, NGOs managing childline services, the employer or the police in appropriate cases, (d) | The Commission and the Committee shall decide the complaints made within a period of 30 days. 9, Adjudication of Complaints by the Delhi Commission for Women and the Child Welfare Committee: The Delhi Commission for Womenand the Child Welfare Committee, shall adjudicate the following Complaints by virtue of the aforesaid directions of the Hon’ble High Court of Delhi, namely: (a) Withholding of agreed wages not less than the Minimum Wages notified by the Labour Department, GNCT of Delhi from time to time (b) Harassment including harassment by employer at the hands of the private placement agencies; (c) Harassment and/abuse by private placement agency proprietor/staff at their premises or at work place; (d) Non-compliance of the agreed terms; (e) Abusive working conditions which is beyond the physical capacity of the child in cases where persons between the ages 14 and 18 are employed. (Long hours of work; and (g) Lack of basic facilities including medical care and food. 10.Powers of the Delhi Commission for Women and the Child Welfare Committee : The Delhi Commission for Women and Child Welfare Committee will have the following powers by virtue of the aforesaid directions of the Hon’ble High Court of Delhi, namely:- (a) The Committee and the Commission will have powers to summon the private placement agencies or the employers as the case may be on a complaint made by the domestic worker or her guardian or any person employing her; (b) Direct payment of wages not less than the Minimum Wages notified by the Labour Department, GNCT of Delhi from time to time as per agreed terms and in appropriate cases impose fines; (©) Direct payment of compensation in cases where severe injuries are caused to the domestic workers during the course of the work; (4) Direct medical assistance;(©) Direct the private placement agency to comply with the agreement with the employer or retum the commission where the terms are not complied with; (£) Impose fines on the private placement agencies where it is found that terms of the agreement are not followed; (g) Direct legal aid to the child/ woman where a criminal offence has been commits (h) Direct employers to inform the local police or the Committee/Commission in cases where the domestic worker is missing within 24 hours; (i) In cases where a domestic worker has been placed in a home against her wishes, enable her to leave her employment and direct the agency to return the commission paid by the employer back to the employer. By order and in the name of the Lt. Governor of National Capital Territory of Delhi, 2 (fienidra Nakainy Z\4 Secretary-cum-Commissioner, Labour La ct No. Addl. LC/Misc(2)/12/Lab/ Part File/ | 435° Dated: 2.5/4] !4 Copy forwarded to:- 1. Dy. Secretary, GAD, Government of Delhi(2 copies), for publication in Delhi Gazette Extraordinary Part-IV in today’s date 2. Secretary to Government of India, Ministry of Labour, Shram Shakti Bhawan, Rafi Marg, New Delhi. 3. Pr.Secretary to the Lt. Governor, Government of NCT of Delhi. 4. Secretary to Delhi State Assembly, Government of NCT of Delhi for kind information of the Chairman and the Deputy Chairman.OSD to Chief Secretary, Government of NCT of Delhi. Secretary-cum-Labour Commissioner, Government of NCT of Delhi, 5-Sham Nath Marg, Delhi-1 10054. Heads of all Departments, Government of NCT of Delhi. Spl. Labour Commissioner, Additional Labour Commissioner and Joint Labour Commissioner, GNCT of Delhi. All district JLC/DLCs, GNCT of Delhi. |. Delhi Commission for Women, C-Block, 2" Floor, Vikas Bhawan, I.P. Estate, New Delhi-110002. . All Child Welfare Committees, Delhi. System Analyst to upload this order on the website of Labour Department. . Librarian, Office of Labour Commissioner, Government of NCT of Delhi. . Asstt. Director (Planning & Statistics), Labour Department, Government of NCT of Delhi for publication on the website of the Department, in the Labour Statistics and for laying on the table of the Vidhan Sabha. . Guard File. 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