REQUEST FOR PROPOSALS for the safety and welfare of migrant workers and construction workers and
The Building and other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996 and its Odisha Rules, 2002
Registration of Establishments And Registration of Building Workers as Beneficiaries Under the Building and Other Construction Workers’ (Regulation of Employment and Conditions Of Service) Act, 1996 and Orissa Rules, 2002.
REGISTRATION OF ESTABLISHMENTS:-
- As per the provision of Sec.7 of the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996, every employer of an establishment employing 10 or more building workers in any building or other construction work has to register the establishment within a period of sixty days from commencement of the work.
- The provision of the Act is not applicable to individual residential house whose total cost does not exceed Rs. 10.00 lakh.
- The local District Labour Officers have been appointed as the Registering Officers for the purpose of registration of establishments.
- The employer has to apply in triplicate in Form-I to Registering Officer of the area in which the building or other construction work is carried on by the establishment along with Treasury Challan showing payment of the fees for the registration of the establishment. The application shall be either personally delivered or sent by Registered Post to the Registering Officer.
- The employer has to submit documents in support of his identity, the establishment as well as the work along with the application.
- The fees to be paid for the grant of a certificate of registration shall be as specified below, namely. If the number of workers proposed to be employed as building workers, for a building or other construction work on one day :-
Is up to 100 ₹ 100.00 Exceeds 100 but does not exceed 500 ₹ 500.00 Exceeds 500 ₹ 1,000.00
- The prescribed fees shall be directly deposited under the proper Head of Account into the Government Treasury. The Head of Account is as follows:
“0230-Labour & Employment-101-Receipts under Labour Laws- 0014-Collection of fees and Fines-02190-Fees realized under the Building and Other Construction (Regulation of Employment and Conditions of Service) Act, 1996 – 02191-Fees realized under the Building and Other Construction Worker’s Welfare Cess Act, 1996, for the year …………………………”.
- The Registering Officer shall register the establishment and issue a Certificate of Registration to the applicant, if such applicant has complied with all the requirement.
- If, any change occurs as specified in the Certificate of Registration, the employer of the establishment shall intimate the details of such change to the Registering Officer, within thirty days. In case the registering officer is satisfied that an amount higher than the amount, which has been paid by the employer as fees for the registration of the establishment is payable, the employer has to pay additional sums payable for the registration of the establishment.
- The employer shall, before thirty days of the commencement and completion of any building or other construction work, submit a written notice to the Inspector, having jurisdiction in the area where the proposed building or other construction work is to be executed, intimating the actual date of the commencement or, as the case may be, completion of such building or other construction work in Form-IV.
- The Certificate of Registration of an establishment shall be valid only for such building and other construction work carried out by such establishment, for which intimation in Form-IV has been given.
REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES:-
- Every building and other construction worker who has completed 18 years of age, but has not completed 60 years of age and worked more than 90 days in any building or other construction work during the preceding 12 months and not a member of any other welfare fund shall be eligible for registration as beneficiary under Sec.12 of the Building & Other Construction Workers’ (RE&CS) Act.
- Further, migrant workmen of Odisha who are engaged in building or other construction works in other states may be registered as beneficiaries under the Odisha Building & Other Construction Workers’ Welfare Board by adhering to the following modalities.
- 90 days of employment will be considered adding together the period of engagement in Odisha as well as in other States.
- Certificate of employment may be given by any employer (including those outside the State), or any contractor registered under the ISMW (RE&CS) Act who has arranged for engagement of the workers outside the State, or by the Executive Officer of Municipality/ NAC/ Gram Panchayat in which the worker ordinarily resides.
- Requirement of affidavit in Rule 265(2) of Odisha B&OCW(RE&CS) Rules may be replaced with declaration signed in presence of the authorities listed in the said Rules.
- Apart from this, MNREGA workers have also been brought within the fold of construction workers. While calculating the mandated 90 days of construction work in a year, the days spent in MNREGA work alongwith other construction work may be taken into account while calculating eligibility for registration of a beneficiary.
- The local District Labour Officers, Assistant Labour Officers and Rural Labour Inspectors have been appointed as the Registering Officers for the purpose of registration of workers as beneficiaries.
- The applicant is required to submit application in Form-XXVII along with following other documents.
- Three small size photographs.
- Age proof of concerned building worker/applicant [Rule 265 (2)(ii)] which may be a School certificate duly attested or certificate from Authority of birth & death or certificate from Govt. Medical Officer (Asst. Surgeon and above). Further, Voter Identity Cards can also be accepted as proof of age.
- Employment certificate e.g. Certificate of the employer or certificate of an Inspector appointed under the Act or certificate by the Registered Trade Union working for the construction workers of the area or Self declaration by the concerned worker vide affidavit.
- Nomination Form in XXXI duly signed by the applicant. The applicant is required to mention the nominee i.e. the spouse / in case the spouse is not living, all minor children / in case there is no living spouse or minor children, parents.
- Registration Fees vide Money receipt towards deposit of Rs.20/- either in original or Photocopy duly attested by the applicant.
- Self declaration towards non-enrolment as a member of any other welfare fund/ board.
- Photocopy of first page of bank passbook.
- Self declaration towards S.C./S.T./SEBC (if applicable).
- Self declaration towards BPL/Antodaya Card No. (if applicable).
- Self declaration towards Minority/Physically Challenged etc. (if applicable).
- Self declaration as an Inter–state migrant worker (if applicable).
- The complete application along with required documents is required to be submitted before the Registering Officer of the area. The Registering Officer, after satisfying himself of all the details, may register the worker as beneficiary under the Act and issue an identity card affixing the photograph of the worker.
- Deposit of Annual Contribution:-
The Annual Contribution Rs.50/- for the initial year, may be remitted with the Registering Officer at the time of issuance of identity card to the beneficiary on due acknowledgement/ money receipt. Afterwards, the same has to be remitted regularly on due acknowledgement/ money receipt. At the time of remitting of the Annual Contribution, the beneficiary is required to submit the details of the building and other construction work done by him during preceding 12 months.