This executive order is issued in
compliance of order dated 24th December, 2010 and subsequent order dated 18th
December, 2013 of the Hon'ble High Court of Delhi in WP (Crl.) 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:- (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. (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. (ii)
"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 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; (f)
Nature of work; and (g)
Details of the Commissions received from the employers. (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, 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; (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. 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; (c)
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; (f)
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. Agreement for engagement of
domestic worker by the employer through Private Placement Agency shall be in
writing. 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/Partner/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. 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. (c)
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. 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. (f)
Long hours of work; and (g)
Lack of basic facilities including medical care and food. 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; (c)
Direct payment of compensation in cases where severe injuries are
caused to the domestic workers during the course of the work; (d)
Direct medical assistance; (e)
Direct the private placement agency to comply with the agreement
with the employer or return the commission where the terms are not complied
with; (f)
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 committed; (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.DELHI
PRIVATE PLACEMENT AGENCIES (REGULATION) ORDER, 2014
PREAMBLE