Status Report on implementation of Provisions of the Act
STATUS REPORT ON IMPLEMENTATION OF PROVISIONS OF THE BUILDING & OTHER CONSTRUCTION WORKERS (RE & CS) ACT, 1996 AND THE BUILDING & OTHER CONSTRUCTION WORKERS WELFARE CESS ACT, 1996 AND THE RULES FRAMED THEREUNDER AS ON 31st MAY, 2017
1. Status on Setting up of Implementation Machinery :
a) Constitution of Expert Committee:-
The Expert Committee under Sec. 5 (1) of the Building & Other Construction
Workers (RE&CS) Act, 1996 has already been constituted by the Government of Assam Vide Notification No. GLR(RC)/107/95/Pt/168, dt. 15 th February’2002 for advising the Government for making the State Rules under the said Act Subsequently it has been reconstituted vide Government Notification No. GLR (RC) 56/2010/94, dtd. 26.11.2015 for advising the Government for amending Rules under the said act.
b) Notification of Rules under the Act :
The Building & Other Construction (Regulation of Employment & Condition of Service) Assam Rules, 2007 have been framed by the State vide Notification No. GLR (RC) 107/95/Pt-I/176, dt. 23-08-2007.
c) Constitution of Meeting State Advisory Committee :
The State Advisory Committee has been constituted by the Government of Assam, vide Notification No. GLR (RC)135/2007/21, dtd. 12.02.2008. Subsequently it has been reconstituted by the Government vide Notification No. GLR (RC)56/2010/173, dtd. 29.02.2016.
d) Constitution of State Welfare Board :
The Government of Assam constituted the Assam Building & Other Construction Workers’ Welfare Board vide Notification No. GLR(RC)135/2007/22 dtd. 12-02-08. Subsequently on completion of its terms of 3 (three) years it has been re-constituted Vide Notification No. GLR(RC)135/2007/307, dt. 01.03.2011 and No GLR(RC)135/2007/Pt.1/119, dt. 23.05.2014 respectively as per provision of Sub Rule 3 of Rule 253 of the Building & Other Construction Workers’ (RE&CS) Assam Rules, 2007. The tenure of the last Board was completed on 23.05.2017 and process to re-constitute a new Board has been initiated.
e) Notification of Implementation / Cess Collection Authorities :
i. Registering Officer (Beneficiary Registration) :
All Assistant Labour Commissioner, Labour Officers & Labour Inspectors were appointed as Registering Officer for (Beneficiaries Registration) vide Govt. Notification No.GLR (RC) 135/2007/7, dt. 25.03.2010 & Notification No. GLR (RC) 135/2007/pt-III/133, dt.08.06.2011respectively.
ii. Registering Officer (Establishment Registration):
All Assistant Labour Commissioner and all Labour Officers were appointed as Registering Officer for Registration of Establishment vide Govt. Notification No. GLR (RC) 135/2007/91, dt. 04.08.2008 & No GLR (RC) 135/2007/322, dt. 19.12.2011
iii. Chief Inspector and Inspector:
The Labour Commissioner, Assam is appointed as the Chief Inspector of Inspection vide Govt. Notification No. GLR (RC) 135/2007/23, dt. 12.02.2008.
iv. Inspector:
All Labour Officers & Labour Inspectors were appointed as Inspector under the Act vide Govt. Notification No. GLR (RC) 135/2007/91, dt. 04.08.2008.
v. Cess Collector:
All Assistant Labour Commissioner & Labour Officers were appointed as “Cess Collector” under Section 3 (2) of the Assam Building & Other Construction Workers’ Welfare Cess act, 1996 vide Govt. Notification No. GLR(RC)135/2007/24, dt.12.02.2008 and Notification No. GLR (RC) 135/2007/321, dt. 19.12.2011 respectively.
vi. Assessing Officer:
The Additional Labour Commissioner, Assam is appointed as “Assessing Officer” under Section 5 (2) of the Assam Building & Other Construction Workers’ Welfare Cess Act, 1996 vide Govt. Notification No. GLR (RC)135/2007/25, dt. 12.02.2008 & subsequent No GLR (RC)135/ 2007/324, dt. 30.08.2012 and subsequently all Assistant Labour Commissioner were also appointed as “Assessing Officer” under the aforesaid Act vide Govt. Notification No. GLR (RC)135/2007/18, dtd. 05.01.2016.
vii. Appellate Authority:
The Commissioner & Secretary to the Govt. of Assam, Labour & Employment Department is appointed as the “Appellate Authority” under Section 11 of the Assam Building & Other Construction Workers’ Welfare Cess Act. 1996 vide Govt. Notification No. GLR(RC)135/ 2007/ 26, dt. 12.02.2008.
2. Status on Registration of Beneficiaries & Extending Welfare measures:
a) Registration of Beneficiary:
The process of registration of beneficiaries was initiated in the beginning of the year 2009 only while the infrastructure available was the bare minimum. However, with the passage of time the Board has been able to register the beneficiaries from the middle part of the year 2010. The Board so far registers altogether 99325 Nos. of construction Workers as beneficiaries till 31.05.2017.
b) Welfare Schemes framed extending benefits to the construction workers, :
The Board has adopted all the Schemes envisaged in the aforesaid Assam rules 2007 in accordance with the provisions of the Building & Other Construction Workers (RE&CS) Act, 1996 and the benefits are open to all registered eligible construction workers as follows:-.
- Maternity Assistance
- Medical Assistance
- Death benefit.
- Funeral Assistance.
- Marriage Assistance
- Educational Scholarship to the Children of registered construction workers
- Cash Award to the Children of the registered beneficiaries.
- Advance (Loan) for Construction of House
- Tools Purchasing Loan
- General Pension
- Disability Pension.
- Family Pension.
- Job Oriented Technical and Vocational training to the eligible Children of the registered construction workers with Skill Development Training for the eligible registered construction workers.
Besides the Board has also introduced the Janashree Bima Yojana a Social Security.
Scheme under L.I.C.I. all registered construction workers for availing the “Death Claim” and “Accidental Benefit” under the Scheme with monthly “Educational Scholarship” of Rs. 100/- (Rupees One Hundred) for each of 2 (two) School going Children of them studied in Class IX to XII Class including ITI 12th Standared under the “Siksha Sahayog Yojana” a part scheme of Janashree Bima Yojana.
Moreover, the Board has involved the registered construction workers in the Rastriya Sasthya Bima Yojana a Central Government Health Scheme under NRHM, Assam as a State Nodal Agency.
3. Amount of Cess Collected & Spent on Welfare Schemes :
Total Cess collection till 31st May, 2017 is Rs. 640,23,78,256/- (Rupees Six Hundred Forty Crore Twenty Three Lakh Seventy Eight Thousand Two Hundred Fifty Six) only. The Board has spent the amount of Cess on welfare measures as follows:
| Sl. No. | Scheme | Rate | No of registered beneficiary benefited | Amount of benefit paid |
|---|---|---|---|---|
| 1 | Death Benefits a) Normal Death b) Accidental Death |
Normal death Rs. 15000/- Accidental death Rs. 50000/- |
250 Nos. 24 Nos. |
37,50,000.00 12,00,000.00 |
| 2 | Funeral assistance | Rs. 1000/- | 274 Nos. | 2,74,000.00 |
| 3 | Funeral assistance | Rs. 1000/- | 274 Nos. | 2,74,000.00 |
| 4 | Medical assistance | Rs. 200 for the 1st 5 days hospitalized +20/- each for the remaining days of hospitalized subject to maximum Rs. 1000/-(Rs. 1 Lakh for critical diseases such as Cancer, Heart attack (bypass surgery), Failure of kidney (kidney transplantation), Liver cirrhosis etc. etc. as per decision of the Board.) | 376 Nos. | 34,67,180.00 |
| 5 | Educational Assistance | Class I to V- Rs. 1500/-, VI to VII – Rs. 2750/-, Class VIII to X- Rs. 4000/- Class XI to XII (including ITI)- Rs. 7000/-, Degree Course including ITI- Rs. 10000/-, Post Graduate or equivalent Classes including engineering/ Medical/ competitive examinations etc. Rs. 20000/- and apart from the Post Graduate Degree, if any children of the registered beneficiaries wishes to get higher study in the Govt. Institution of IIT/ Engineering/ Medical or in any higher study in the Government Institution- all expenses entitled | 22143 Nos. | 18,99,49,740.00 |
| 6 | General Pension | Rs. 150/- and Rs. 10/- per year | 294 Nos. | 34,75,223.00 |
| 7 | Family Pension | 50% of pension of pensioner maximum Rs. 100/- | 6 Nos. | 38,910.00 |
| 8 | Disability Pension | 150/- P.M.+ 5000/- (one time Exgratia) | 2 Nos. | 16,600.00 |
| 9 | Maternity benefit | Rs. 1000/- | 7 Nos. | 7,000.00 |
| 10 | Premium of Janashree Bima Yojona | Rs. 100 per member | 66118 Nos. | 2,12,02,800.00 (including renewal) |
| 11 | Skill Development Training to the registered Construction Workers & their eligible Children | 82 Nos. | 25,26,707.00 | |
| 12 | Stipend to trainee workers | 42 Nos. | 2,98,860.00 | |
| 13 | Marriage Assistance | Rs. 2000/- | 15 Nos. | 30,000.00 |
| 14 | Coverage under RSBY | 10005 Nos. | Not yet confirmed the premium by the NHM (State Nodal Agency) | |
| A. | 22,63,47,270.00 | |||
| 15 | Printing of Forms and Register | 50,00,10,658.00 | ||
| 16 | Printing of Leaflets, Booklets & Folders | 71,25,97,135.00 | ||
| 17 | Publicity through Electronic Media | 8,51,40,581.00 | ||
| 18 | Supply & Installation of Hoardings | 1,96,16,124.00 | ||
| 19 | Print Media on various benefit schemes & Awareness Campaign | 74,10,035.00 | ||
| B | 132,47,74,533.00 | |||
| 20 | Salary & Wages | 4,69,46,403.00 | ||
| 21 | Honorarium and Sitting Fees | 3,58,228.00 | ||
| 22 | Board meeting expenses | 1,76,956.00 | ||
| 23 | Office Stationery & Articles | 8,01,633.00 | ||
| 24 | Other Administrative Expenses (Bank Charges, Vehicle Fuel & Maintances, TA, Audit Fees, Postal etc | - | 41,10,127.00 | |
| 25 | Purchase on Fixed Assets | 1,36,22,169.00 | ||
| 25 | Office Renovation & Repairing works | 25,13,307.00 | ||
| C | 6,85,28,823.00 |