Sindh Women' Agricultural Short title, Workers' Act, 2019

EXTRAORDINARY Registered No. M324 Published by Authority KARACHI THURS])AY JANUARY 30; 2020 Liv--156 PAAT-IV PROVINCIAL ASSEMBLY OF SINDH NOTIFICATION KARACHI, THE 30TH JANUARY, 2020 ( NO.PAS/LEGIS-B-24/201.9.;.The Slndh Women Agricultural Workers' Bill, 2019 having been passed by the Provincial Assembly of Sindh on 19th December, 2019 and. assented to by the Governor of Sindh on 22nd J anuary, 2020 Is hereby published as an·Act of the Legislature of Sindl). THE SINDH WOM EN. AGRICUL T-URAL WORKERS'.ACT, 2019 SINDH ACT NO. V OF 2020 AN ~CT to provide for the recognition of women's work in agriculture (including fanning, livestock and fisheries) and related sec.tors, to promote and protect their rights, to ensure their participation in decision-making and -to foster empowennent through work, and to improve the health and nutrition of women agricultural workers and their children. AND WHEREAS it is expedient to provide for the Preamble. recognition of women's work in agriculture (including fanning, livestock and fisheries) and related sectors, to promote and protect their rights, to ensure their participation in decision making and to foster empoweflllent through work, and to improve the health and nutrition of women agricultural workers and their children. · Ext- IV- 5 (15) Price Rs. 40.00 16 THE SINDH GOVT. GAZETTE EXT. JAN: 30. 2019 • It is hereby enacted as follows: CHAPTER I PRELIMINARY 1. (I) TI1is Act may be called the Sindh Women' Agricultural Short title, Workers' Act, 2019. ellenl and commencement 2. l2) It shall extend to the whole of the Province of Sindh. (3) It shall come into force at onoe. In this Act, unless the context otherwise requires (a) "agriculture" means and includes all activities · related to cultivation of crops, animal husbandry, poultry, livestock rearing, apiculture, gardening, fishing, aquaculture, sericulture, venniculture, horticulture, floriculturc, agro-forestry, or any other ' farming activity or related post-farm activity carried out through self-employment, tenurial cultivation, share cropping, or other types of cultivation including shifting cultivation, collection, use and .• sale of minor or nbn-timber f!)rest produce by virtue of ownership rights or usufructory rights; (b) "Govem~ent" means the Government ofSindh; (c) "P(ogramme"· means the Women Benazir Support Programme set up under section 15; ( d) "Province" means the Province of Sindh; (e) "Tripartite Council" means the Tripartit~ Arbitration Council sc::t up under sectiQn 17; and Definitions. (f) "woman agricultural worker" means any female person who is, individually or jointly with any other person, paid or unpaid, on land owned or held oy herself. or her family or anyone else, and for any duration of time, engages in agriculture directly or through the supervision of others and includes all women agricultural workers present in the province, including temporary resiclents, seasonal migrants, and individuals belonging to travelling and homeless communities; (g) "Department" means the Labour and Human Resources Department; CHAPTER II RIGHTS OF WOMEN AGRICULTURAL WORKERS PART-IV 3. (1) A woman agricultural worker shall receive pay in cash or Pay to woman, in kind, for any agricultural work undertaken individually, or as agriculture worker. part of a family unit, on land and livestock belonging to her or her own family, or to someone else which shall be an equal to pay received by male workers for same work. PART-IV THE SINDH GOVT. GAZETTE EXT. JAN. 30, 2019 (2) ·The pay to a wom~n agriculture worker under sub section (1) shall not be less than the minimum wages fixed by Government from time to time for a worker. 4. {I) The working day of a woman agricultural worker shall Working hours and not exceed eight working hours, and shall not commence until off-work. one ~our after daybreak, or continue beyond one hour prior to sunset. (2) A woman agricultural worker shall take time off work due to sickness or for ante-natal ai:id post-natal care, routine health check-ups and visits, without incurring financial or other penalty. 5. A woman agricultural worker is entitled to 120 days of Maternity Leave. maternity leave. (1) Every Woman Agriculture Worker is entitled to lddat Leave for the period prescribed in their faith professed by the worker. 6. A woman agricultural worker having child of upto two years of age may breastfeed her child in safe and hygienic conditions an.d in the first six months of the child's life shaJI receive the necessary support to exclusively breastfeed her child. 7. (I) A woman agricultural worker shall have access to public health services convenient for her in ternis of timing with regard to her working hours, and location with regard to ·her place of residence or place of work. ' (2) A woman agricultural worker Has the right to access . government agricultural, livestock, fisheries and other services, credit, social security, subsidies and asset transfers in her own , individual right, or in association with other women agricultural workers. Child nutrition by woman agriculture worker. Access to public 'health services and government institutions of agriculture etc. 8. A woman agricultural worker shall perform work free Free from from all forms of harassment or abuse as laid out in the relevant Harassment and laws prevailing in the Province. abuse. 9. A woman agricultural worker shall receive a written Written contract contract of employment if she so demands, and for accessible for work. and fair arbitration mechanisms, particularly with respect to rates of pay, payment schedules, working conditions, and health and safety at the workplace. 10. A woman agricultural worker shall have right to form a Association of union or assoeiation or to associate h~rselfwith an association woman agriculture or group for the purposes of collective bargaining, social welfare including child health, community development, CC!Jnomic profit, and for accessing publicly supplied goods and services. worker. 17 .. 18 TH;E SINDH GOVT. GAZETTE EXT. JAN. 30. 2019 11. A ·woman agricultural worker sh'all not be discriminated: against with respect to employment opportunities, wages and working condiiions on grounds of sex, land ownership, caste, religion, ethnicity and residential status. 12. The rights listed in this Chapter are applicable to all women agricultural workers regardless of whethe~ they are currently employed directly or indirectly (through labour contractors or male family me~bers), paid or unpaid family help, or are engaged in agricultural work as part of any other arrangements. CHAPTER Ill REGISTRATION OF WOJ\U.N AGRICULTURAL WORKER Discrimination of woman agriculture ·worker against employment opportunities etc. Application of rights of women agriculture · workers. . 13. (I) Governmeht ' shall, t!Jrough the Lal?our and Human Registration of Resources Department, maintain a register of women woman agriculture · agricultural workers at every Union Council. The registration worker. process would be initiated after enactment of this Act as a pre- . requisite to provide all the benefits, incentives and privileges to the women agricultural workers provided under this Act. (2) Any woman resident of the Union Council may apply. for being registered as a "Woman Agricultural Worker" as long as she fulfils the definition provided in se s:tion 2(f). (3) The registered Woman Agricultural Worker shall be issued a Bc.nazir Women Agricultural Worker's Card (Benazir Card). ( 4) "The woman agricultural worker who -holds Benazir Card shall be free to make her associations or groups according to her choice. (5) A union of women agricultural workers consisting of at least five Benazir Women Agriculture Worker's Card holders may also apply to register a "Women Agricultural Workers Union". . (6) Individual registered workers or registered groups of workers may apply for Government asset transfer:s, subsidies, credit and services, as well as for arbitration and enforcement of contracts and may mobilise for support within communities for the equitable distribution of the care burden of families. (7) Registration shall alse be seen as o.;e of non-exclusive facilit!ltive instrument for the · recognition, protection and promotion.. of rights listed in Chapter~ll. It shall not be a prerequisite for the recognition, protection or promotion of these rights: PART-IV PART-IV THE SINDH GOVT. GAZETTE EXT.'JAN. 30, 2019 14. Government shall recognise, promote and protect the rights of women agricultural workers, through supportive policies and programmes of aH relevant departments, coordinated ·by the Benilzir Women ' s Support Programme of the Labour and· Human ·Resources Department. CHAPTERIV BENAZIR WOMEN'S SUPPORT PROGRAMME Government to recognize an:d promote and protect the rights of agrirulture workers. IS. (I) Government shall, by notification in the official Benazlr Women gazette · set up the Benazir Women's Support ' Programme Support Program. (BWSP) as a permanent programme ~der the Labour and Human Resources Department with an endowment fund. (2) The Programme setup under sub-section (I) shall be regulated by the Board consisting of (a) Minister for Labour and Human Chairperson Resources or Advisor for Labour Human Resources or any other Minister or person to be nominated by the ChiefMinister; (b) Secretary Labour and Human Ex-Officio Resources, Agriculture, Membe.rs Livestock, Fisheries, Women Development, Local Government, Finance, Pla' ing & • Development, Government of Sindh and all Divisional Commissioners; (c) Two persons of civil society Members having worked in the field of women agriculture sector; (d) Two Representatives of the Members Farmer's/ Abadgar organisation (e) Two women MP~ nominated Members by the Speaker (f) Two elected representatives of Members groups of women agricultural workers from each division of the Province. (3) The Board shall define the . detai!ed policies and objectives of the Programme and app<?int its Secretary for the execution of the Program. .. 16. (I) The Programme shall be responsible for registration of Registration of women agricultural workers, and·wm have a field presence in women agricultural all districts of the province. workers. • I 1 19 , 20 THE SINDH GOVT. GAZETTE EXT. JAN. 30, 2019 (2) The Programme shall liaise with r elevant line departments at the district and local levels for the recognition, promoting and protection of the rights of women agricultural workers. (3) The Programme shall be able to provide technical and financial assistance to projects initiated by local groups of women agricultural labourers for livelihood, food security, nutrition, health, ·recogmuon of women's economic contribution, behaviour change and changing social norms, and other issues relevant to the rights and welfare of women · agricultural workers. CHAPTERV . TRIPARTITE ARBITRATION COUNCILS I 7. (!)' Labour and Human Resources Department shall set up Tripartite Arbitration Councils at provincial, district, taluka and Union Council levels with representatives of women , agricultural workers, employers, labour and female councillors, and Labour and Human Resources Department (represented by the Programme) for (a) setting piece-raies for various agricultural tasks such as cotton-harvesting, . chilli-harvesting, wheat harv esting artd others according to local conditions for every season; (b) setting the rates for sale of other produce directly involving women agricultural workers, such as dairy and other livestock products; (c) registering and arbitrating contractual conditions between employers, landlords, labour contractors, and women agricultural workers; (d) promoting safe and hygienic working conditions for ,vomen agricultural workers, such as provision of clean drinking water, and preventing exposure to pesticides and other hazardous substances; ( e) preventing sexual and other forms of harassment or· abuse; ~ (f) promoting model contracts and best practices; (g) detailed rule$ and proeedures which will be framed in the light of the rights of women agricultura! workers listed in-Chapter II, and guided by the overarching premise that the arbitration process will recognise, promote and protect these rights. CHAPTER VI omER 'GOVERNMENT ACTION 18. (I) Government shall initiate a step-wise process of reform Step-wise process PART-IV in all relevant departments, policies and programmes to reforms lnltl1ted by recognize, promote and protect the rights ofwomtn agricultural Government. workers. PART-NA .. THE SINDH GOVT. GAZETTE EXT. JAN. 30. 2019 (2) The step-wise process shall be coordinated by the Planning and Development Department and led by Steering Group which will report on progress of reforms envisaged under this Act to the appropriate forum within the Sindh Assembly on a quarterly basis. · · 19. Government agencies charged with collecting social and economic data and statistics will revise their methodologies to pay explicit attention for the recognition of women agricultural ·workers and their economic contribution. 20. Government shall take active measures to encourage private sector and non-governmental stakeholders in agriculture, health and other sectors to facilitate the access of wom~n agricultural workers to their services. 21. (I) The Departments of agriculture, livestock, fisheries, land revenue and other agriculture-related· and programmes will prepare and implement a five-year plan from the datC? of enactment, to make their outreach and services appropriate and accessible to the needs 11.nd rights of women agricultural workers, which shall include but not be limited to increasing the number of women staff, particularly at the.field level. (2) The Departments of health, population welfare, local government and women development including labour department shall prepare and implement a two-year plan from the date of commeqcement of "this Act to ensure that their outreach and services are appropriate and accessible to the needs and rights of women agricultural workers. · (3) All such-departments shall initiate measures to ensure that they can be responsive to demands from individual Benazir Card holders as . well as groups of Benazir Card holders registered with the Labour and Human Resources Department, as well as women agricultural workers who might not be so registered. . \ Collection of S(!Cial and economic data and statistic. Government to take measures to encourage private sector and non governmental stakeholders. Responsi billtles of Various departments of Govern merit. 21 22 THE SINDH GOVT. GAZETTE · EXT. JAN. 30, 2019 22. Government · may make rules for carrying out th e Power to make purposes of this Act. rules. 23. The provisions of this Act shall have overriding effe ct Over-riding effect. · notwithstanding anything contained in any other law, for the time being iri force. ' BY ORDER OF THE SPEAKER PROVINCIAL ASSEMBLY OF SINDH . . PART-IVA G.M.UMAR FAROOQ SECRETARY PROVINCIAL ASSEMBLY O.F SINDH Karachi: Printed at the Sindh Government Press 30-1-2020