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KARNATAKA STATE BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD STATUS OF BUILDING AND OTHER CONSTRUCTION WORKERS

There are about 8.5 Million Building and other Construction workers in India as per the estimate of national sample survey(1987-88) 15 lakh is the estimated number of construction workers in state.

These workers are one of the most exploited and vulnerable segments of the Unorganized group of workers.

These workers are characterized by their inherent risk to their life and limb.

The work in this sector is also characterized by its casual nature, temporary relationship between employer and employee, uncertain working hours, lack of basic amenities and inadequacy of welfare facilities.

Although the provision of various labour laws, i.e The Minimum Wages Act 1948,The Contractor Labour Act (R&A) Act 1970 and The Inter State Migrant Workmen (R of E&C of services)Act 1979 etc., are applicable to The Building and Other Construction Workers. A need was felt for a comprehensive Central Legislation for this category of Workers.

Towards the above goal, the following two enhancement have been legislated.

Building and Other Construction Workers(Regulation of Employment and Conditions of Service)Act, 1996.

The Building and other Construction Workers Welfare Cess Act, 1996.

OBJECTIVES AND COMMENCEMENT OF THE ACT

Building and other construction workers(Regulation of Employment and Conditions of Service)Act, 1996.

  1. Regulate the Employment and conditions of service of constructionworkers.

  2. Provide Safety Health and Welfare measures extending social security Benefits.
  3. To Provide social Security Measures(Benefit)
  4. It has come in to force on the 1st day of March 1996.
  5. The Government has framed rules vide Notification Dated 01.11.2006 thereby,the Act in effect came into force w.e.f 01.11.2006.

SETTING UP OF THE BOARD AND COMMENCEMENT OF ITS ACTIVITY

1.The Act envisages mandatory setting up of a Board(Section 18)

The Authority to setting up a Board is with the respective State Government (Section 18).

The Government has constituted a Board as required under Sec-18 read with 22-A of the Rules as per the Government Notification.

The Board so constituted shall consists.


i) Hon’ble Labour Minister will be the Chairman of the Board.

ii) At present principal secretary of Government labour department is the chairman of the Board.

iii) The Board comprises of 12 members, 4 members shall equally representing, the employers construction workers and the Government.


iv) Besides one member to be assigned by the Central Government and the member yet to be designated.

Under the Act and its rules, there is a provision of Registration of Construction Workers as beneficiaries for entitlement of claiming various benefits that are provided to eligible workers.

6.It is estimated that around 15 lakhs workers are involved in building and other construction activity in Karnataka of which half the number is in Bangalore.

7.The very first of the Board is to undertake registration of construction workers as beneficiary under sec.12 of the Act. FUNCTIONS OF THE BOARD

Rendering Assistance to beneficiary, in the matter of registration and setting the claims, such as pension, sanction of loans for house construction, premium payment to group insurance scheme, Assistance for the education of children of beneficiaries, meeting major ailments, treatment cost of beneficiaries or departments, payment of maternity benefits to female beneficiaries and to make provisions and improvement of such other welfare measures and facilities as may be prescribed.

AUTHORITY TO APPOINT REGISTERING OFFICER IN TERMS OF SEC. 12(2) OF THE ACT

1. The Board is authorized under Sec. 12(2) to authorize officers as Registering Officers under this Act.

2. The Board in its 1st meeting on 17-02-2007 has authorized the Labour Officers of the Department of Labour as Registering Officers. The Government has issued order appointing Labour officers as Registering Officers under Sec.12(2) of the Main Act as the Government Notification Dt. 04-04-2007.

3.The Board has supplied application forms and required Registers to all the Labour officers for Registering the name of the Applicant as beneficiaries of the Board.

REGISTRATION OF A CONSTRUCTION WORKER

As per Sec. 11 , Every registered workers are entitled to the benefit provided by the Board, from benefits fund.

At present 11 benefits have been provided.

Registration of their name as beneficiary is a condition precedent for acquiring a right to claim the social security benefits.

As per Sec. 12 and read with Rule 20, every building Construction worker shall make an application in Form-V for enrolling his name as beneficiary.

The application in Form-V shall be supported by registration fee of Rs. 25/- proof of Age, Certificate from the present employer or a Trade Union, or an Officer of the Labour Department not below the rank of Labour Inspector, and 3 passport size photographs. ELIGIBILITY CRITERIA FOR A CONSTRUCTION WORKER

Eligibility criteria to become a member of the Board are:

i) He or She should be worker engaged in Building and Other construction work.

ii) Should have put in 90 days of work in the preceding 12 months of the date of registration.

iii) Age should be between 18-60 years.

iv) Applicant who seeks Registration as Beneficiary shall fulfill all the eligible conditions.

v) The Labour Officer being Registration Officer shall examine the Applicant with reference to the above eligibility criteria.

COLLECTING NOMINATION AND CHANGE OF NOMINATION

Beneficiary file a nomination in Form-IV.

The Nomination so filed automatically stands revised in the name of the spouse on acquiring family and change of nomination is in Form-VII.

After ensuring the fulfillment of conditions, shall register the name in the register in Form-IX.

ISSUANCE OF IDENTITY CARD & CONTRIBUTION OF MONTHLY SUBSCRIPTION FEE BY CONSTRUCTION WORKERS.

1.Every beneficiary shall have to be given an Identity card with photograph in Form No. VIII.

2.Every worker shall contribute a monthly subscription of Rs. 10/- which shall be remitted half yearly to the Board in terms of Sec. 16 and Rule -21(a).

The Subscription fee can be contributed up to the age of 60 years.

4. If the beneficiary defaults in payment of contribution for a period of 1 year he or she ceases to be the beneficiary. The membership can be restored on repayment of arrears of contribution with a fine of Rs. 2/- per month resumption can be allowed only twice.

ENTITLEMENT & BENEFIT ON BECOMING BENEFICIARY

A construction worker on becoming beneficiary,is entitled for:

Construction workers who is a beneficiary shall also produce the certificate by his employer in proof of accident occurred to him or her.

Secretary of the Board is empowered to sanction the claim or reject the same Sec. 47(3)(a).However before rejecting a claim,a reasonable opportunity of making representation shall be given.

a. The applicant shall produce medical certificate by an assistant surgeon of Government Hospital.

b. This does not bar the worker form claiming medical benefit under any other statute.

4.a. The application shall be submitted in Form No. XVIII.

b. Shall be accompanied by the death Certificate and original identity card.

SL.No.
 
  BENEFITS SECTION   FORM.No.     AMOUNT           CONDITIONS & ELIGIBILITY
  1 Pension Sec 39 Form XII RS.500/- p.m i) The women worker should have attained 50 years of age and men worker 55 years of age and 5 years working,
ii) a worker who has been a member of the board for a continuous period of 5 years also eligible for Rs.500/- pension. Even before attaining 50 / 55 years if he she has become disabled due to sickness and incapacitated from normal work
iii) Increase of Rs.10/- shall be given for every completed of service beyond 5 years.
  1A Disability pension Sec 4C Form XIII RS.300/-p.m.
in addition to Compensation.
If he / she has become disabled due to sickness and incapacitated from normal work. (permanently disabled) due to paralysis, leprosy, cancer and T B.
  1B Disability pension Sec 4C Form XIV Rs.5,000/- exgratia in addition to pension Exgration payment not more than Rs.5,000/- depending upon the percentage of disability and subject to such condition as may be fixed by the Government.
  2 Purchase of Tools Sec 41 Form XV RS.5000/- loan 2 years membership in the fund and should not have completed 50 years of age and Repayment in 60 installments.
  3 For purchase or construction of house Sec 42 Form XVI Rs.50,000/- loan 5 years membership, 15 years of service for super annuation who owned a site in his name or spouse name 5% interest per annum for a period of 10 years.
Documents needed
1.Original sale deed, showing that he owns the site.
2.Approved plan by local authority.
  4 Maternity benefit Sec 43 Form XVII Rs.6,000/- assistance One year registration as member for only first two deliveries. If she has already 2 children, this assistance shall not be given only for women worker.
  5 Funeral expenses
Natural death
Sec 44 Form XVIII Rs.4,000/-

exgratia payment Rs.15,000/-
No condition, all registered worker. Death certificate and original I D card to be produced.
  6 Educational Assistance Sec 45 Form XIX RS.1000/-
Rs.3000/-
Rs.2000/-
Rs.2000/-
3,600/-
Rs.2,000/-
Rs.10,000/-
Rs.5000/-
8th and 9th studying
Son or daughter who had passed 10th Std or its equivalent.
I PUC
II PUC
ITI Diploma
each year for degree courses
Post graduate course for each year
Professional course for each semester
Minimum of one year registration. Two children only.
  7 Medical assistance Sec 46 Form XX Rs,400/-

Rs.50/-assistance
To the beneficiaries who are hospitalized for 5 or more days due to any disease
After that Rs.50/- for the remaining days, subject to a maximum of Rs.2,000/- No condition.
  8 Medical expenses for major ailments Sec 48 Form XXI Rs,50,000/-Grant For treatment of major ailments of a registered worker (like heart, operation, kidney transplantation and treatment for cancer, eye operation, Treatment of Paralysis, Orthopaedic Operation, Utherus Operation, Treatment of Ashtma disease, Maternity miscarriage cases, Treatment of Gallbladder Treatment, Kidney stone removal, Treatment of Brain Hemorrhage, Treatment of Ulcer.) Proof: A certificate by an assistant surgeon of a Government recognized hospital.
  9 Accident Sec 47 Form XXI Rs.1 Lakh benefit For death / permanent disablement. This does not bar the worker from claiming compensation under other any statutory. No condition.
  10 Marriage Assistance Sec 49 Form XXIII Rs,10000/- For the I marriage of the worker or his / her two dependent children 1 year registration.Family can avail only twice
  11 Accident due to Building collapse Sec Form Rs.50.000/- benefit For Accident death due to Building collapse under construction.
for Unregistered construction workers.
  12 Workers greviously injured Sec Form Rs10.000/- to Rs. 20,000/- benefit For Accident death due to Building collapse under construction.
for Unregistered construction workers.


 for more Information Visit Karnataka Building Workers welfare Board Website...

 

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