presentatiwrwron on bocw for cac

8/12/2019 Presentatiwrwron on BOCW for CAC

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OVERVIEW OF IMPLEMENTATION OF

BUILDING AND OTHERCONSTRUCTION

WORKERS (RECS)

ACT, 1996


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THE LEGISLATIONS

The Building and Other Construction Workers

(RECS) Act and the Building and Other

Construction Workers Welfare Cess Act werelegislated in the year 1996 to safeguard the

interest of these workers.

The States / Union Territories are the

implementing agencies of the respective Acts in

regard to extending welfare measures to the

workers.2


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MAIN PROVISIONS

OF THE ACT

Constitution of Central and State Advisory

Committees. ( Section 3 & 4)

Registration of establishments. ( Section 7)

Appointment of Registering Officers. (Section 6)

Registration of building workers as

beneficiaries. ( Section 12)Constitution of Welfare Boards by the State

Governments. ( Section 18)3


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OBJECTIVES OF THE

LEGISLATION

It provides safety and health measures for

the building and other construction

workers.Regulates the employment and conditions

of service.

Provides social security and welfaremeasures.

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APPLICABILITY OF THE ACTS

Workers engaged in construction, alterations,repairs, maintenance of buildings, streets, roads,railways, tramways, airfields, irrigation, oil and

gas installations, electric lines etc.Every establishment employing 10 or more

workers.

The Act does not apply to construction workdone under the provisions of Factories Act, 1948and Mines Act, 1952.

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FUNCTIONS OF WELFARE

BOARDS

Providing immediate assistance in case ofaccidents.

Making payment of Pension to the beneficiaries.

Paying premium for Group Insurance.Providing the assistance for education of children.

Sanctioning loan and advances for construction ofhouse.

Medical assistance for treatment of major ailments.

Maternity benefits.

Other welfare measures as may be prescribed.

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CONDITIONS OF SERVICE

Hours of work/overtime.

Drinking water.

Sanitation.Accommodation.

Creches

Canteens

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SAFETY OF WORKERS

Standards and specifications for cranes,

construction equipments, ropes etc.

Maximum weight lifting limits formale/female.

Appointment of competent persons to

examine safety equipments.Safety Committee and Safety Officers.

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WELFARE FUNDS

Levy of cess @ 1% of the cost ofconstruction.

Cess on all construction activities by anestablishment(Govt, Corporate,and anyother Body,etc), and on any constructionactivity of more than Rs.10 lakh by an

individual for residential purposes.Contributions can come from other

agencies, like the Central and the Stategovernments. 9


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OBLIGATIONS OF THE CENTRAL

GOVERNMENT

Setting up of the Central Advisory Committee u/s 3

of the Act.

Framing of the Model Safety Rules u/s 41 of the

Act.

Appointment of the Director General for laying

down standards of inspection of Workers Safety

and filing complaints against violation of Rules in

the premises of the employer.

Notification for collection of cess.

Issue of Directions to the State Governments /

welfare Boards on any matter pertaining to

executing the provisions of the Act u/s 60.10


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WHAT HAS THE CENTRAL

GOVERNMENT DONE ?

Central Advisory Committee constituted.

Building and Other Construction Workers (RE&CS)

Central Rules including Safety Rules were framed in

1998 and forwarded to State Governments to treat themas ModelRules.

Appointment of Director General of Inspection notified on

16.11.2005.

Notification of collection of Cess @ 1% was issued on26.09.1996.

Issued directions to State Government / Welfare Boards

u/s 60 on 12.07.2013 11


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OBLIGATIONS OF THE STATE

GOVERNMENTS

Constitution of the State AdvisoryCommittee u/s 4 of the Act.

Constitution of the Expert Committee u/s 5

of the Act.Constitution of the State Welfare Board u/s

18 of the Act.

Appointment of Registration Officers u/s 6 of

the Act.Notification of the contribution to be made

by the workers u/s 16 of the Act for claimingthe benefits. 12


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OBLIGATIONS OF THE STATE

GOVERNMENTS

Framing of the Rules for fixing of workinghours u/s 28 of the Act.

Framing of Rules for issue of wage books

and wage slips by the employer u/s 30 ofthe Act.

Framing the Rules for the safety andhealth of building workers u/s 40 of the

Act.Appointment of Chief Inspector u/s 42(2)

for carrying out the provisions of this Act

Collection of Cess.13


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STATUS OF IMPLEMENTATION

States are at various stages of implementation ofthese Acts.

As on 31.10.2013 :

1. 35State/UTs have notified Rules under the Act.

2. 34have constituted Welfare Boards

3. 32 have notified implementing/cess collectingauthorities.

4. 30have constituted State Advisory Committees.

5. 26have formulated the welfare schemes.

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STATUS OF IMPLEMENTATION

As on 31.10.2013:

107 Lakh workers registered with the State Welfare

Boards. Rs. 11127 crorecollected as Cess.

Rs. 1448 crorespent on welfare schemes.

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Implementation Status -1

Statement showing details of Population, estimated and Registered Building and Other construction

workers

State Population Estimated Workers Registered Workers

% registered to

Estimated

workers

Andhra Pradesh 84655533 3293.44 1797.104 54.57

Arunachal Pradesh 1382611 31 8.55 27.58

Assam 31169272 458.8 20.99 4.57

Bihar 103804637 2966.08 34.014 1.15

Chhattisgarh 25540196 471.95 471.695 99.95

Goa 1457723 43.4 0.094 0.22

Gujarat 60383628 1377.64 48.971 3.55

Haryana 25353081 1164.36 236.148 20.28

Himachal Pradesh 6856509 549.32 0.633 0.12

J&K12548926 417.88 0.00

Jharkhand 32966238 2106.76 16.285 0.77

Karnataka 61130704 1967.88 273.282 13.89

Kerala 33387677 2077 1745.365 84.03


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Implementation Status-2

Madhya Pradesh 72597565 2483.72 2421.267 97.49

Maharashtra 112372972 2697 113.599 4.21

Manipur

2721756 81.84 0.00

Meghalaya 2964007 59.52 0.765 1.29

Mizoram

1091014 18.6 0.00

Nagaland 1980602 13.64 0.35 2.57

Orissa 41947358 1752.12 133.127 7.60

Punjab 27704236 1366.48 128.887 9.43

Rajasthan 68621012 4380.92 148.458 3.39

Sikkim 607688 32.24 6.607 20.49

Tamilnadu 72138958 3437.28 2284.339 66.46

Tripura 3671032 378.2 34.401 9.10

Uttar Pradesh 199581477 8285.68 292.196 3.53

Uttarakhand 10116752 536.92 7.943 1.48

West Bengal 91347736 2065.84 313.18 15.16


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Delhi

16753235 229.4 147.155 64.15

A & N Island

379944 19.84 3.935 19.83

Chandigarh

1054686 38.44 9.768 25.41

Dadra and Nagar Haveli

342853 7.44 0.00

Daman and Diu

242911 0 0.00

Lakshadweep

64429 0 0.00

Puducherry

1244464 0 25.455 0.00

TOTAL

1210183422 44810.63 10724.563 23.93


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Note : The number of workers estimated for each state has been derived from the unit level data published in EPW and

further adjusted based on overall All- India figures of Construction Workers at 448 Crores


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Copy Table 2


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PROGRESSDURINGTHELASTSIXYEARS

Activity No. of States

As on January, 2006 As on October, 2013

Notification of Rules 15 35

Constitution of Welfare Boards 9 34

Notification of Implementing/Cess Collecting

Authorities

12 33

Constitution of State Advisory Committees 8 30

Framing of Welfare Schemes 5 26

No. of workers registered 21.0 lakh (approx.) 107 lakh (approx.)

Amount of Cess collected Rs.426 cr. (approx.) Rs11127 cr. (approx.)

Amount spent Rs.65 cr.(approx.) Rs.1448 cr. (approx.)

Percentage Spent 15.25% 12.64%


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MONITORING & REVIEW OF

IMPLEMENTATION OF BOCW ACT

A Special Group has been constituted under theChairmanship of Union Secretary, Ministry ofLabour & Employment in pursuance of thedirections of the Prime MinistersOffice.

A proposal is under consideration to amendcertain provisions of the Act and Rules.

21 Region-wise meetings of the Special Groupheld so far, in different regions.

CAC is also monitoring the Implementation ofthe Act. So far 14 meetings have been held.Recent meeting was held in August, 2012.

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MAJOR AMENDMENTS PROPOSED

TO THE ACTS

Definition of Employer under BOCW (RECS) Actproposed for inclusion in Clause (e) of Section 2 ofBOCW Welfare Cess Act.

Thirty Days Time Limit proposed for the depositing ofCess with Welfare Board

Condition of 90 days of employment for registrationproposed to be done away with.

Criteria of age limit of 60 years proposed to be done

away with to extend the benefits to constructionworkers.

Contd..23


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MAJOR AMENDMENTS PROPOSED

IN THE ACTS

Expenses on salaries, allowances, etc., of Welfare

Boards to be notified by the Central Government, as

against existing 5% limit.

Proposal to include Union Territories within thedefinition of Appropriate Government under Clause (a)

of Sub-section (1) of Section 2 of the BOCW (RECS)

Act.

Committees consisting of Pr. Secretary/ Secretary(Labour/Finance/Social Welfare) or the representatives

would undertake the functions of Welfare Boards till

they are constituted with full manpower. 24


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SUPREME COURTS DIRECTIONS

Honble Supreme Court in its Order dated 7th February,2012 in WP(C) No.318 of 2006 has directed StateGovernments and State Welfare Boards to take necessarysteps such as formulating schemes, utilizing cess forwelfare of workers, conducting audit of the Welfare Boards,ensure holding of meetings by the Welfare Boardsfrequently.

As per the directions of the Honble Court, the WelfareBoard shall prepare its Budget showing the receipts andexpenditure and forward the same to the State and Central

Government. Welfare Board shall prepare its Annual Report and submit a

copy to the State and Central Government.

Board shall maintain proper accounts and prepare anAnnual Statement of Accounts. 25


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RECENT INITIATIVES BY THE CENTRAL

GOVERNMENT

Government has approved extension of

Rashtriya Swasthya Bima Yojana (RSBY) to

construction workers and requested the State

Governments to :

Take steps for generating awareness among

the workers.

Draw strategy to implement RSBY, AamAdmi Bima Yojana & Swawlamban.

Utilize funds for skill development and

vocational training.26


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SKILLDEVELOPMENTCLARIFICATIONS

Clarification sent to States on 21stMay, 2012:-

As per Section 2(1)(e) of the Act the Board may give such

financial assistance for education of the children of the

beneficiaries. The education may include vocational education. As per Section 2(1)(h) of the Act the Board may make provision

and improvement of such other welfare measures as may be

prescribed. Under this provision, skill upgradation or vocational

education may be a permissible activity. The vocational

education may include training in other sectors apart fromconstruction sector.


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