OVERVIEW OF IMPLEMENTATION OF BUILDING AND OTHER CONSTRUCTION WORKERS (RECS) ACT, 1996THE LEGISLATIONS • • The Building and Other Construction Workers (RECS) Act and the Building and Other Construction Workers‟ Welfare Cess Act were legislated 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 ( Section 18 ) 3 . ( Section 6 ) Registration of building workers as beneficiaries.MAIN PROVISIONS OF THE ACT Constitution of Central and State Advisory Committees. ( Section 3 & 4 ) Registration of establishments. ( Section 12 ) Constitution of Welfare Boards by the State Governments. ( Section 7 ) Appointment of Registering Officers. Provides social security and welfare measures.OBJECTIVES OF THE LEGISLATION It provides safety and health measures for the building and other construction workers. 4 . Regulates the employment and conditions of service. electric lines etc. airfields. 5 .APPLICABILITY OF THE ACTS Workers engaged in construction. streets. roads. The Act does not apply to construction work done under the provisions of Factories Act. 1952. Every establishment employing 10 or more workers. repairs. alterations. oil and gas installations. 1948 and Mines Act. maintenance of buildings. railways. tramways. irrigation. Other welfare measures as may be prescribed. Providing the assistance for education of children. Making payment of Pension to the beneficiaries. Paying premium for Group Insurance. Maternity benefits. 6 .FUNCTIONS OF WELFARE BOARDS Providing immediate assistance in case of accidents. Sanctioning loan and advances for construction of house. Medical assistance for treatment of major ailments. CONDITIONS OF SERVICE Hours of work/overtime. Drinking water. Creches Canteens 7 . Accommodation. Sanitation. Maximum weight lifting limits for male/female. 8 . construction equipments. Safety Committee and Safety Officers. Appointment of competent persons to examine safety equipments.SAFETY OF WORKERS Standards and specifications for cranes. ropes etc. 10 lakh by an individual for residential purposes. Contributions can come from other agencies.etc). and on any construction activity of more than Rs. Cess on all construction activities by an establishment(Govt. 9 .WELFARE FUNDS Levy of cess @ 1% of the cost of construction. like the Central and the State governments. Corporate.and any other Body. OBLIGATIONS OF THE CENTRAL GOVERNMENT Setting up of the Central Advisory Committee u/s 3 of the Act. Appointment of the Director General for laying down standards of inspection of Worker‟s 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 . Framing of the Model Safety Rules u/s 41 of the Act. Issued directions to State Government / Welfare Boards u/s 60 on 12.2013 11 . Appointment of Director General of Inspection notified on 16.1996.11.WHAT HAS THE CENTRAL GOVERNMENT DONE ? Central Advisory Committee constituted. Notification of collection of Cess @ 1% was issued on 26.07. Building and Other Construction Workers (RE&CS) Central Rules including Safety Rules were framed in 1998 and forwarded to State Governments to treat them as „Model Rules‟.09.2005. Notification of the contribution to be made by the workers u/s 16 of the Act for claiming the benefits. 12 . 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.OBLIGATIONS OF THE STATE GOVERNMENTS Constitution of the State Advisory Committee u/s 4 of the Act. OBLIGATIONS OF THE STATE GOVERNMENTS Framing of the Rules for fixing of working hours u/s 28 of the Act. Appointment of Chief Inspector u/s 42(2) for carrying out the provisions of this Act Collection of Cess. Framing the Rules for the safety and health of building workers u/s 40 of the Act. 13 . Framing of Rules for issue of wage books and wage slips by the employer u/s 30 of the Act. 2. 4.2013 : 35 State/UTs have notified Rules under the Act. 34 have constituted Welfare Boards 32 have notified implementing/cess collecting authorities.10. 30 have constituted State Advisory Committees. 14 . As on 31. 26 have formulated the welfare schemes. States are at various stages of implementation of these Acts. 5.STATUS OF IMPLEMENTATION 1. 3. 2013: 107 Lakh workers registered with the State Welfare Boards. Rs.10. Rs. 1448 crore spent on welfare schemes. 11127 crore collected as Cess.STATUS OF IMPLEMENTATION As on 31. 15 . 77 13.014 471.99 34.365 84.95 43.282 0.58 Assam Bihar Chhattisgarh Goa Gujarat Haryana Himachal Pradesh J&K 31169272 103804637 25540196 1457723 60383628 25353081 6856509 12548926 458.57 1.00 Jharkhand Karnataka Kerala 32966238 61130704 16.55 54.08 471.633 4.95 0.695 0.55 20.15 99.104 8.36 549.64 1164.4 1377.22 3.28 0.12 0.57 27.Implementation Status -1 Statement showing details of Population.094 48.32 417.76 1967.8 2966.03 .89 33387677 2077 1745.44 31 1797. estimated and Registered Building and Other construction workers % registered to Estimated workers State Population Estimated Workers Registered Workers Andhra Pradesh Arunachal Pradesh 84655533 1382611 3293.148 0.971 236.88 2106.88 20.285 273. 127 128.196 7.458 6.607 2284.267 113.29 Meghalaya Mizoram 2964007 1091014 18.401 292.43 3.6 13.10 3.49 66.12 1366.72 2697 2421.339 34.60 9.16 Nagaland Orissa Punjab Rajasthan Sikkim Tamilnadu Tripura Uttar Pradesh Uttarakhand West Bengal 1980602 41947358 27704236 68621012 607688 72138958 3671032 199581477 10116752 91347736 .92 2065.57 7.21 0.84 0.28 378.84 59.2 8285.18 0.39 20.24 3437.35 133.46 9.48 15.765 72597565 112372972 2483.68 536.943 313.92 32.887 148.64 1752.00 1.599 97.Implementation Status-2 Madhya Pradesh Maharashtra Manipur 2721756 81.00 2.53 1.48 4380.52 0.49 4. 15 A & N Island 379944 19.84 3.00 Puducherry 1244464 0 25.41 Dadra and Nagar Haveli 342853 7.935 19.93 .00 Daman and Diu 242911 0 0.44 0.4 147.455 0.155 64.83 Chandigarh 1054686 38.00 TOTAL 1210183422 44810.63 10724.Implementation Status-3 Delhi 16753235 229.44 9.00 Lakshadweep 64429 0 0.768 25.563 23. India figures of Construction Workers at 448 Crores .Implementation Status-4 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. Implementation Status-5 Copy Table 2 . ) 15.PROGRESS DURING THE LAST SIX YEARS Activity No. 2006 Notification of Rules Constitution of Welfare Boards Notification of Implementing/Cess Authorities 15 9 12 8 As on October.) 12. of workers registered Amount of Cess collected Amount spent Percentage Spent 5 21.) Rs.) Rs. (approx. (approx.) Rs. 2013 35 34 33 30 Collecting Constitution of State Advisory Committees Framing of Welfare Schemes No.(approx.64% .0 lakh (approx.1448 cr.65 cr. of States As on January.25% 26 107 lakh (approx.) Rs11127 cr. (approx.426 cr. MONITORING & REVIEW OF IMPLEMENTATION OF BOCW ACT A Special Group has been constituted under the Chairmanship of Union Secretary. So far 14 meetings have been held. 2012. Ministry of Labour & Employment in pursuance of the directions of the Prime Minister‟s Office. 22 . Recent meeting was held in August. A proposal is under consideration to amend certain provisions of the Act and Rules. 21 Region-wise meetings of the Special Group held so far. CAC is also monitoring the Implementation of the Act. in different regions. MAJOR AMENDMENTS PROPOSED TO THE ACTS Definition of “Employer” under BOCW (RECS) Act proposed for inclusion in Clause (e) of Section 2 of BOCW Welfare Cess Act. 23 Contd…. .. Thirty Days Time Limit proposed for the depositing of Cess with Welfare Board Condition of 90 days of employment for registration proposed to be done away with. Criteria of age limit of 60 years proposed to be done away with to extend the benefits to construction workers. MAJOR AMENDMENTS PROPOSED IN THE ACTS Expenses on salaries. etc. as against existing 5% limit. Proposal to include Union Territories within the definition 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. allowances.. 24 . of Welfare Boards to be notified by the Central Government. utilizing cess for welfare of workers. Welfare Board shall prepare its Annual Report and submit a copy to the State and Central Government. 2012 in WP(C) No. the Welfare Board shall prepare its Budget showing the receipts and expenditure and forward the same to the State and Central Government. Board shall maintain proper accounts and prepare an Annual Statement of Accounts. 25 .318 of 2006 has directed State Governments and State Welfare Boards to take necessary steps such as formulating schemes. As per the directions of the Hon‟ble Court. ensure holding of meetings by the Welfare Boards frequently.SUPREME COURT’S DIRECTIONS Hon‟ble Supreme Court in its Order dated 7th February. conducting audit of the Welfare Boards. . Draw strategy to implement RSBY. Utilize funds for skill development and 26 vocational training.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. Aam Admi Bima Yojana & Swawlamban. . Under this provision. skill upgradation or vocational education may be a permissible activity. The vocational education may include training in other sectors apart from construction sector. 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.SKILL DEVELOPMENT CLARIFICATIONS Clarification sent to States on 21st May. 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. THANK YOU .