THE HARYANA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD
 
Welfare Schemes under The Building And Other Construction Workers Welfare Board  
LEGISLATIONS :
 
The Central Government has enacted the legislations, namely-“the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996” and “the Building and Other Construction Workers’ Welfare Cess Act, 1996” with the object to regulate the employment and conditions of service and to provide safety, health and welfare measures for the building and other construction workers, which is most vulnerable segment of the second largest unorganized labour sector in India after agriculture.
 
APPROPRIATE GOVERNMENT :
 
“The Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996” is to be implemented by the Central Government where Central Government is ”Appropriate Government” and by State Government wherever State Government is the “Appropriate Government” as the case may be as defined under section 2(a) of the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996.
 
FRAMING OF RULES :
 
The Labour Department of the State Government has framed the Rules, namely “the Haryana Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Rules, 2005 under the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996.
 
AUTHORITIES UNDER THE ACT :
 

The State Government in Labour Department has appointed Chief Inspector of Factories as Chief Inspector of Inspection of Building and Construction under section 42(2) of the Act of 1996 vide its notification dated 5.6.2006, see Annexure-A.

Chief Inspector of Factories, Additional Director, Industrial Safety and Health, all Joint Directors, Industrial Safety and Health, all Deputy Directors, Industrial Safety and Health, all Deputy Directors, Industrial Health, all Assistant Directors, Industrial Safety and Health, all Assistant Director, Industrial Safety and Health (Chemical) and all Assistant Directors, Industrial Health-cum-Certifying Surgeon, have been appointed as “Inspectors” under section 42(3) of the Act of 1996 vide State Government notification dated 2.8.2007, see Annexure-B.

All the Senior Assistant Directors, Industrial Safety and  Health (now re-designated as Deputy Directors, Industrial Safety and Health), have been  appointed as “Registering Officers” under section 6 of the Act of 1996 vide State Government notification dated 5.6.2006, seeAnnexure-C.

Additional Labour Commissioner (Administration) and Additional Labour Commissioner, Gurgaon, have been appointed as “Appellate Officer” under section 9(1) of the Act of 1996 vide State Government notification dated 6.02.2009, seeAnnexure-D.

All Assistant Directors, Industrial Safety and Health, have been appointed as “Cess Collectors” under rule 2(f) of the Building and Other Construction Workers Welfare Cess Rules,1996 vide State Government notification dated 29.6.2006, see Annexure-E.

All Senior Assistant Directors, Industrial Safety and Health (now re-designated as Deputy Directors, Industrial Safety and Health), have been appointed as “Assessing Officers” under rule 2(g) of the Building and Other Construction Workers Welfare Cess Rules,1996 vide State Government notification dated 29.6.2006, see Annexure-F.

                   Additional Labour Commissioner (Administration) and Additional Labour Commissioner, Gurgaon, have been appointed as “Appellate  Authority” under rule 2(h) of the Building and Other Construction Workers Welfare Cess Rules,1998 vide State Government notification  dated 6.2.2009, see Annexure-G.
 
CONSTITUTION OF THE BOARD :
 
Under section 18 of the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996, the State Government in Labour Department vide its notification dated 2.11.2006 under the Chairmanship of Hon’ble Labour Minister comprising of representative of employers and workers in equal numbers has constituted the Board, namely, the Haryana Building and Other Construction Workers Welfare Board for a period of five years. The Headquarters of the Board shall be at Chandigarh, see Annexure-H.
 
WELFARE SCHEMES :
 
The detail of welfare schemes for building and other construction workers have been listed under Chapter-V of “the Haryana Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Rules, 2005”, framed under the Act of 1996 see Annexure-j .
 
NEW WELFARE SCHEMES OF THE BOARD :
 
First meeting of the Board was held on 21.12.2006 and subsequent meetings were held on 13.4.2007, 14.6.2007, 16.11.2007, 11.6.2008, 12.2.2009 and 4.8.2009. In these meetings various new schemes other than the schemes mentioned in the notified rules were introduced for the welfare of workers, see Annexure-I.
 
FUNCTIONS OF THE BOARD
 
Registration of Establishment :
 
An employer of an establishment is required to get establishment registered under section 7 of the Act of 1996 with Registering Officers after paying the registration fee as prescribed in Rule 21 of the Rules of 2005. The detail of fee to be deposited on account of registration of establishment is as under:-
(a) is upto 100 Rs.2000/-
(b) Exceeds 100 but does not exceed 500 Rs.5000/-
(c)Exceeds 500 Rs.10000/-
The fee shall be deposited through the treasury challan under receipt head of the Labour Department i.e. “0230- Labour & Employment-800-Other Receipt (99)-Labour”. An employer shall make application in triplicate in Form-I to Registering Officer of the area in which the building or other construction work is to be carried on by the establishment.
 
Registration Of Worker :
 
Every building worker who has completed eighteen years of age, but has not completed sixty years of age, and who has been engaged in any building or other construction work for not less than ninety days during the preceding twelve months shall be eligible for registration as a beneficiary under section 12 of the Act of 1996. The worker shall submit an application in Form V to concerned officer of the Department along with a Registration fee of Rs. 25/-. He/She shall also a nomination in Form VI Eligible building worker is required to pay a registration fee of Rs.25/- once in life as per section 28(4) of the Rules of 2005 for getting himself/herself registered with the Board. This registration fee goes to funds of the Board.
 

Contribution :

 

The registered building worker shall further contribute Rs.5/- P.M. (earlier this contribution was Rs.20/- P.M.) for availing benefits of various welfare schemes being run by the Board as required under rule 29(1) of the Rules of 2005. Rule 64(1) of the Rules of 2005 further provides that on the death of a member, the amount of contribution standing in his credit shall be given to his nominee. In the absence of a nominee the amount shall be paid to his legal heirs in equal shares.

Rule 29(2) of the Rules of 2005 further provides that if a beneficiary commits default in the payment of contribution continuously for a period of one year, he shall cease to be a beneficiary of the Fund. However, with the permission of the Secretary or an officer authorized by him in this behalf the membership may be resumed on repayment of arrears of contribution with a fine of two rupees per month subject to the condition that such resumption shall not be allowed more than twice.
 
Advertisements For Awareness :
 

To bring more and more awareness amongst the employers and the workers about the provisions of the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996 and the Building and Other Construction Workers’ Welfare Cess Act, 1996 and the rules made thereunder, boards/hoardings containing the provisions alongwith the welfare schemes of the Board have been installed at the important places in the State of Haryana besides holding of seminars/sanitization workshops and giving advertisements through newspapers/electronic media.

To boost the process of registering more and more construction workers, all Assistant Directors, Industrial Safety and Health, Labour Officers-cum-Conciliation Officers and Labour Inspectors have also been authorised to register such worker falling in their respective jurisdictions. Approximately, 55000 workers have been registered so far.
 

Levy And Collection Of Cess :

 

Section 3 of “the Building and Other Construction Workers’ Welfare Cess Act, 1996” provides levy and collection of cess for the purposes of “the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996”, at such rate not exceeding two per cent, but not less than one per cent of the cost of construction incurred by an employer, as the Central Government may, by notification in the Official Gazette, from time to time specify.

As per the Central Government notification dated 26.9.1996 (copy enclosed at Annexure-K), one percent of the cost of construction incurred by an employer including public sector, is collected by the State Government as cess which is the main source of income of the Board in addition to the fee received on account of registration of workers. The cess amount shall be sent to the Board by demand draft (DD) in favour of “Secretary, the Haryana Building and Other Construction Workers’ Welfare Board, Chandigarh” with covering letter addressed to “the Labour Commissioner-cum-Secretary, the Haryana Building and Other Construction Workers’ Welfare Board, 30-Bays Building, Ist Floor, Sector-17, Chandigarh”. The Funds so collected are primarily utilized for the implementation of various welfare schemes being run by the Board for the building and other construction workers.
 

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Labour Department, Haryana, 30 Bays Building, Sector 17,Chandigarh - 160 017
Email : labourcommissioner@hry.nic.in