Royal Commission on Labour in India: Report(1929)||
The present constitutional position, so far as it affects labour and omitting unimportant refinements, may be briefly summarised. The various subjects of administration are divided into two main categories, central and provincial. For the former, the Central Government and the Central Legislature are responsible, and provincial Governments can only deal with them by delegation of the authority of the Central Government. The subjects in the latter category are primarily or exclusively the concern of the provincial Governments and legislatures. Some of the subjects which relate to labour, or include labour within their scope, are central and others are provincial. Thus matters relating to labour in mines, on the railways, in all the chief ports and on sea-going ships come within the category of central subjects. On the other hand, matters relating to labour in factories, in plantations, in public works and on inland steam vessels come under provincial subjects. So far as more general questions are concerned, inter-provincial migration is a central subject, but the settlement of labour disputes and the welfare of labour, which is defined as " including provident funds, industrial insurance (general, health and accident) and housing ". are provincial subjects. The Central Legislature, however, can legislate in respect of practically all labour subjects, while the provincial legislatures can legislate only in respect of those labour subjects classified as provincial, and then only with the sanction of the Governor General. Further the provincial labour subjects are, generally speaking, " reserved ", i.e., they are in the portfolios of Members and not Ministers in the provinces, and the Government of India have full powers of " superintendence, direction and control " over the provincial Governments In such matters. In respect of those provinces which have no legislative councils, e.g., Delhi and Ajmer-Merwara, the Central Legislature can legislate on all subjects and the Central Government has effective authority over administration.