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.
(a) 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.
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:-.
i) Maternity Assistance
ii) Medical Assistance
iii) Death benefit.
iv) Funeral Assistance.
v) Marriage Assistance
vi) Educational Scholarship to the Children of registered construction
vii) Cash Award to the Children of the registered beneficiaries.
viii) Advance (Loan) for Construction of House
ix) Tools Purchasing Loan
x) General Pension
xi) Disability Pension.
xii) Family Pension.
xiii) 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:
No of registered beneficiary benefited
Amount of benefit paid
a) Normal Death
b) Accidental Death
Normal death Rs. 15000/-
Accidental death Rs. 50000/-
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.)
Rs. 1000, Rs. 750, and Rs. 500 who score highest mark in HSLC.
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
Rs. 150/- and Rs. 10/- per year
50% of pension of pensioner maximum Rs. 100/-
150/- P.M.+ 5000/- (one time Exgratia)
Premium of Janashree Bima Yojona
Rs. 100 per member
Skill Development Training to the registered Construction Workers & their eligible Children
Stipend to trainee workers
Coverage under RSBY
Not yet confirmed the premium by the NHM (State Nodal Agency)
Printing of Forms and Register
Printing of Leaflets, Booklets & Folders
Publicity through Electronic Media
Supply & Installation of Hoardings
Print Media on various benefit schemes & Awareness Campaign
Salary & Wages
Honorarium and Sitting Fees
Board meeting expenses
Office Stationery & Articles
Other Administrative Expenses (Bank Charges, Vehicle Fuel & Maintances, TA, Audit Fees, Postal etc
Purchase on Fixed Assets
Office Renovation & Repairing works
Grant Total (A+B+C) = 161,96,50,626.00
(4) Status of Implementation of Safety and healthy provision regarding inspection, accident reported violation of safety provisions found and prosecution launched etc. :
All Labour Officers and Labour Inspectors appointed as Inspector under the Building & Other Construction Workers (RE&CS) Act, 1996 have regularly conducted inspections and no report has been received in regard to occurrence of accident and violation of safety provisions from any corner as yet.
Steps have been taken to create awareness involving various Trade Unions construction workers about different aspects of the Act especially the beneficiary welfare schemes available with the Board. Wide publicity in the print and electronic media, distributing leaflets, installing hoarding, postering is being given and the involvement of District Administration has been ensured for effective implementation of the Act. Also workshops have been organized both at State and District Level.