On the request of Vijay Walia Organization Director, Center for Social Change and Equity cum para legal volunteer District, Legal Service authority, Patiala. Hon'ble Sh. Ramveer Singh (IAS), Deputy Commissioner, Patiala constituted monitoring committee under the chairmanship of Additional Deputy Commissioner (Development) to implement orders given in CWP No: 318 of 2006 by Hon'ble Supreme Court of India.

Office of Deputy Commissioner,

Patiala

To

                        The Additional Deputy Commissioner (Development),

                        Patiala.

                        Memo No:       39                                            Dated: 28-02-2017

Subject:           Regarding implementation of the orders of Hon'ble Supreme Court of India given in CWP No 318 of 2006

Reference:         Hon'ble Chief Secretary Punjab Government D/O Letter No: 1996-2017 Dated:              16-12-2011

                                With reference to the above cited subject, it is stated that the Hon'ble Chief Secretary of Punjab had, through the D/O letter no 1996-2017 dated 16-12-11, directed all the DC's of the state to ensure the implementation of the orders of the Hon'ble Supreme Court given in CWP No. 318 of 2006. Attaching the copies of both the letters, it is ordered that in order to ensure the implementation of the orders of the SC, a monitoring Committee is constituted under the chairmanship of the Additional Deputy Commissioner, (Development) & Assistant Labour Commissioner, Patiala member Secretary of the committee. ADC (Development) Labour is, hereby, authorized to nominate members as required in the monitoring committee. Monitoring Committee is, hereby, directed to ensure the implementation of the orders of the SC in District Patiala. The monitoring committee will be ensure that all the BOC workers shall be registered as per Section 12 of the BOCW Act 1996 so that these workers may get to the benefits / facilities given by the Punjab BOCW Welfare Board under BOCW act 1996. Monitoring Committee will report to the undersigned every month for the actions taken.

Deputy Commissioner

Patiala

                        Endst No: 40                                        Dated: 28-02-2017

                        Copy of the above is forwarded to Sh. Vijay Walia regarding his application dated: 20-12-2016

Deputy Commissioner

Patiala

·         1 Mar 2017

·         Chandigarh

·         Harinder Singh Khaira patiala@hindustantimes.com

Panel to monitor registration of construction workers

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PATIALA:A district-level committee will now be monitoring the registration of construction workers with the Punjab Building and Other Construction Workers (BOCW) Welfare Board in Patiala district. The committee was formed by Patiala deputy commissioner (DC) Ramvir on Tuesday.

Headed by additional DC (development) Sandeep Rishi, the team will monitor the process of registration of labourers under the act, which will make them eligible to avail benefits offered by the BOCW Welfare Board. Assistant labour commissioner (ALC) Jatinder Pal Singh is also a part of the committee as a member secretary, and DC has also allowed the ADC to choose the members of the committee as per the requirement. The committee will have to submit the monthly progress report to the deputy commissioner.

“The committee will monitor proper implementation of the scheme — from registration of workers to availing timely benefits after the registration,” said DC Ramvir.

He added that the committee will oversee the registration process of beneficiaries by all the entitled government departments without any hindrance as some of the departments were deliberately not registering the labourers.

According to official records, as many as 45,000 workers have been registered in Patiala out of which almost 30,000 are the active workers. As per a report of an NGO, there are 1.25 lakh buildings and other construction workers residing in the district, out of which almost half of them are living in the rural areas.

A registered worker can avail several welfare schemes such as pension, health insurance, stipend scheme for the education of children and shagun scheme for the marriage of two daughters.

A meeting was held by labour commissioner Punjab cum secretary, Punjab BOCW welfare board on dated: 08-02-2017 with Vijay Walia Organization Director, Centre for Social Change & Equity cum PLV, DLSA Patiala. Regarding Hon'ble Supreme Court of India order given in CWP No: 318 of 2006 to full implementation of BOCW act 1996 & BOCW cess act 1996. The memorandum submitted by Vijay Walia & the proceeding of meeting on dated: 08-02-2017. The true copy Punjabi to hindi translated is attached.

After continues efforts of Vijay Walia Organization Director Center for Social Change & Equity. Indian Audit & Accounts Department Office of The Account General (Audit) Punjab has issued directions to their field staff to monitor implementation of orders given by Hon'ble Supreme Court in CWP No.318 of 2006 regarding BOCW act and BOCW cess act 1996.

Secretary Labour and Employment Govt of India Kindly Issue of Directions to all the States & Union Territories BOCW Welfare Boards to get exemption under section-10 Clause-46 of Income Tax act in the interest of BOC Workers cess fund.

Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

NOTIFICATION No. 30/2015

New Delhi, Dated- 24th March, 2015

S.O. (E)- In exercise of the powers conferred by clause (46) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies for the purposes of the said clause, “Chhattisgarh Building and Other Construction Workers’ Welfare Board”, a Board constituted by the Government of Chhattisgarh in respect of the following specified income arising to that Board, namely:-
(a)    workers welfare cess;
(b)   interest income; and
(c) registration fee.
2. This notification shall be applicable for the financial years 2013-14 to 2017-18.
3.    The notification shall be effective subject to the conditions that Chhattisgarh Building and Other Construction Workers’ Welfare Board‑
(a)    does not engage in any commercial activity;
(b)   its activities and the nature of the specified income remain unchanged throughout the financial years; and
(c) It files return of income in accordance with the provision of clause (g) of sub-section (4C) of section 139 of the said Act.
[Notification No. 30/2015 F.No.196/06/2014-ITA.I]
DEEPSHIKHA SHARMA
Director to the Government of India

Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Taxes

Notification No. 89/2014

New Delhi, the 23 December, 2014

S.O.  (E).- In exercise of the powers conferred by clause (46) of section 10 of the Income-tax Act, 1961  (43 of 1961), the Central Government hereby notifies for the purposes of the said clause, ‘West Bengal Building and Other Construction Workers Welfare Board’, a body constituted by the Government of West Bengal  in respect of the following specified income arising to that body, namely:-

(a) cess collected under the Building and Other construction Workers Welfare Cess Act, 1996 (28 of 1996) and the rules there under;

(b) registration fees and yearly subscription collected from construction workers registered with the Board as beneficiaries;

(c) amount received in the form of grants-in-aid and loan from Government;

(d) interest income received from investment.

2. This notification shall be applicable for the financial years 2011-2012 to 2015-2016.

3. The notification shall be subject to the conditions that the West Bengal Building and Other Construction Workers Welfare Board:-

(a) shall not engage in any commercial activity;

(b) its activities and the nature of the specified income remain unchanged throughout the  financial year; and

(c) files return of income in accordance with the provision of clause (g) of sub-section (4C)  section 139 of the said Act.

[F. No. 196/17/2012-ITA.I]

 (Deepshikha Sharma)

Director to the Govt. of India

Posted by Amit Chopra

BOC Workers registration camp held by District Legal Service Authority Patiala on Dated: 12-12-2015

A Camp for registration of workers under the Building and other construction workers act 1996 has been held by the District Legal service Authority, Patiala on Dated:12-12-2015 I-Cards/Dairy were prepaid by the Labour Department employees headed by Sh. Jatinder Pal Singh Assistant Labour Commissioner Patiala. The I-Cards/Dairy were given to the workers by the Hon'ble Mr. Justice S.S.Saron, Judge, Punjab & Haryana High Court-and-Executive Chairman, Punjab Legal Services Authority & Hon'ble Justice Sh. Harpal Verma, Judge, Punjab & Haryana High Court on the spot. Sh. Vijay Walia Para legal volunteer District legal service, Authority Patiala cum organization Director Centre for Social Change & Equity brief to Hon'ble both the Justice about Activities & Performance to implement the Building and other construction worker act & Building & other construction worker cess act done by the District Legal Service Authority Patiala & Centre for Social Change & Equity. Dr. Nakshatar Singh Principal Director, Sh. KK Sehgal, Subedar Major Surinder Kumar Pandov, Sh. Amit Chopra, Sh. Gurmeet Singh & Other Members of the CSCE Participated the camp.

P

                                                                                                                    Posted by: Amit Chopra

Objections against Affidavit filed by the Union India Dt 09-10-2015 in the Hon'ble Supreme Court

To                                                                                                                    Dated: 13-10-2015

Dear Friends,

Centre for Social Change & Equity (Regd.) is strongly and strictly against the points of Affidavit given by Union of India in Hon'ble Supreme Court with regard to implementation of BOCW Act 1996 and Road Map to spend the collected cess amount to benefit the BOC Workers. The language of affidavit shows that it is being drafted to oblige the multinationals and totally against the basic principles of Section-22 of BOCW Act 1996 and against the welfares of BOC Workers.

This Act BOCW Act 1996 is in one type financed by the employer through the BOCW welfare cess Act 1996 for the welfare of workers so this BOCW Act 1996 is not any way burden to the State/Central Govt. Central/State/U.T Governments duty is just to properly implement the both (BOCW Act 1996 and BOCW Welfare and cess Act 1996) Acts for the welfare of BOC Workers.

Today approximate 15.00 crore building and other construction workers are estimated in India. The building and other construction workers are one of the most vulnerable segments of the unorganized sector workers in India. Their work is of temporary nature, the relationship between employer and employee is temporary, working hours are uncertain. The building and other construction works are characterized by inherent risk to the life and limb of workers. The construction workers are basically unskilled, migrant, socially backward, uneducated with low bargaining power.

Consolidating the provision of minimum wages Act 1948, workmen's compensation Act 1923, contract labour (Regulation & Abolition) Act 1970, Interstate migrant workmen (RECS) Act 1979, a composite Act was formulated known as Building and other construction workers (Regulation & Employment and condition of service) Act 1996 and to bear the expenses of above Act, a Building and other construction workers welfare cess Act 1996 was formulated. The benefit given to the BOC Workers as per section-22 of BOCW Act 1996 are as under.

Section: 22. FUNCTIONS OF THE BOARDS. - (1) The Board may- (a) provide immediate assistance to a beneficiary in case of accident;

(b) Make payment of pension to the beneficiaries who have completed the age of sixty years;

(c) Sanction loans and advances to a beneficiary for construction of a house not exceeding such amount and on such terms and conditions as may be prescribed;

(d) pay such amount in connection with premium for Group Insurance Scheme of the beneficiaries as it may be deem fit;

(e) Give such financial assistance for the education of children of the beneficiaries as may be prescribed;

(f) Meet such medical expenses for treatment of major ailments of a beneficiary or, such dependent, as may be prescribed;

(g) Make payment of maternity benefit to the female beneficiaries; and

(h) Make provision and improvement of such other welfare measures and facilities as may be prescribed.

(2) The Board may grant loan or subsidy to a local authority or an employer in aid of any scheme approved by the State Government for the purpose connected with the welfare of building workers in any establishment.

(3) The Board may pay annually grants-in-aid to a local authority or to an employer who provides to the satisfAction of the Board welfare measures and facilities of the standard specified by the Board for the benefit of the building workers and the members of the family, so, however, that the amount payable as grants-in-aid to any local authority or employer shall not exceed- (a) the amount spent in providing welfare measures and facilities as determined by the State Government or any person specified by it in this behalf, or

(b) Such amount as may be prescribed, whichever is less :

Provided that no grants-in-aid shall be payable in respect of any such welfare measures and facilities where the amount spent thereon determined as aforesaid is less than the amount prescribed in this behalf.

BOC Worker Act is for unorganized labour and benefits under BOCW Act for unorganized Labour. EPF/PF Act 1952 is for organized labour and benefits under the scheme is contributory. When BOC workers are switched to EPF/PF Act scheme then his benefits under BOCW Act will automatically freeze EPF/PF Act for BOC workers is not mandatory.

The Scholarship of Rupees 100 per month to children of BOC Workers studying in 9 to 12 class and rupees 2000 per annum for ITI is like a begging given to the BOC workers and not scholarship. This meager amount of scholarship is like a joke with children of poor workers with malafide intention that the living conditions of these workers cannot be uplifted and they remains labourer for generations. So the scholarship reasonable rich amount must be given from class 1 to which class children like to study.

The health and pensions benefit under different scheme Atal Pension Yojana, Pradhan Mantri Bima Yojana, Pradhan Mantri Bima Jiwan Jyoti Yojana, Aam Aadmi Bima Yojana, Rashtriya Swasth Bima Yojana & Under maternity benefit Act for the female with 50% of premium to be borne by the BOC workers is against the principles of BOCW Act 1996 and BOCW Cess act 1996. Under section-22 of BOCW Act each benefit shall be given to the BOC workers must be given from Cess Collected amount by the welfare boards (100% share shall be borne by the welfare boards).

                            So we must collectively oppose the affidavit given by union of India in the Hon'ble Supreme Court on Dated: 09-10-2015 to oblige the multinationals/capitalist, to infringed the rights of BOC Workers and to spend the cess collected amount in other purposes. We request you all to unite for the rights and welfare of BOC Workers.

With regards,

Vijay Walia

Organization Director

PIL FILED by CENTRE FOR SOCIAL CHANGE AND EQUITY FOR R S B Y in the Punjab & Haryana High Court

                                             

The present writ petition has been filed as a Public Interest Litigation for issuance of directions to the respondents i.e. Union of India, the Government of Punjab and the Punjab Building and other Construction

Welfare Board to implement the scheme in its letter and spirit, which, according to the petitioner, has not been done.We have gone through the written statements filed by Union of India, State of Punjab and the Punjab Building and other Construction Welfare Board who are respondents herein. Prima facie, it appears to us that till date very little work has been done under the aforesaid scheme and negligible benefits have been given to the beneficiaries for whom the aforesaid scheme had been launched in the year 2007.

We also find that in this petition, the State of Haryana, U.T.Chandigarh and the Haryana Building and other Construction Welfare Board is not party who are to implement the aforesaid scheme in their respective States. Accordingly, in the interest of justice, we order the impleadment of the State of Haryana through its Chief Secretary as respondent No.6., the Haryana Building and other Construction Welfare Board through its member Secretary as respondent No.7 as well as the U.T.Chandigarh through its Advisor to the Administrator as respondent No.8. 

CWP No.4847 of 2014 (O&M)

Center for Social Change and Equity

Versus

Union of India and others

Present: Ms. Veena Kumari, Advocate for the petitioner.

Mr. Naresh Kumar Joshi, Advocate for respondent No.1.

Mr. Gaurav Garg Dhuriwala, D.A.G. Punjab.

Mr. D.P. Sharma, Advocate for respondent No.5.

The issue raised in this petition is with regard to the

implementation of the Rashtriya Swasthya Bima Yojana Scheme which was

launched in the year 2007. Under the said Scheme, Smart Cards were to be

issued after registration of the beneficiaries for availing the benefit of health

insurance. Initially under the said scheme, BPL families were covered but

later on various other categories of unorganized workers like building and

other construction workers, Rag pickers, Rickshaw Pullers, Mine workers,

Sanitation Workers, Auto Rickshaw drivers/Taxi drivers etc. were also

included. Regarding building and another construction workers, the primary

responsibility of registration of workers was with the State building and

other constructions workers welfare board which have been constituted

under Building and other Construction, Workers (Regulation of

Employment and conditions of service) Act, 1996 (for short “the 1996

Act”). Regarding the other categories of beneficiaries, the scheme was to be

implemented by the Labour Department and the Department of Local

Bodies of the respective States.

The present writ petition has been filed as a Public Interest

Litigation for issuance of directions to the respondents i.e. Union of India,

the Government of Punjab and the Punjab Building and other Construction

Welfare Board to implement the scheme in its letter and spirit, which

according to the petitioner, has not been done.

We have gone through the written statements filed by Union of

India, State of Punjab and the Punjab Building and other Construction

Welfare Board who are respondents herein. Prima facie, it appears to us that

till date very little work has been done under the aforesaid scheme and

CWP No.4847 of 2014 (O&M) -2-

negligible benefits have been given to the beneficiaries for whom the

aforesaid scheme had been launched in the year 2007.

We also find that in this petition, the State of Haryana, U.T.

Chandigarh and the Haryana Building and other Construction Welfare

Board is not party who are to implement the aforesaid scheme in their

respective States.

Accordingly, in the interest of justice, we order the

impleadment of the State of Haryana through its Chief Secretary as

respondent No.6., the Haryana Building and other Construction Welfare

Board through its member Secretary as respondent No.7 as well as the U.T.

Chandigarh through its Advisor to the Administrator as respondent No.8. In

our opinion, the Building and other Construction Welfare Boards are

necessary parties for yet another reason as they are also collecting labour

cess which is required to be utilized for the welfare of the unorganized

labour.

Let notices be issued to the newly impleaded respondents for

9.4.2015.

In the meanwhile, we direct the Punjab Building and other

Construction Welfare Board as well as the similar boards in the State of

Haryana and Union Territory to supply the following information on

affidavit:

(i) How much labour cess has been collected till date by the Boards

under the 1996 Act and how much cess amount has been spent till date?

(ii) The detail of spending of cess amount on various schemes be given

separately?

(iii) What amount remains un-spent and where it has been deposited? and

(iv) How much amount has been spent specifically by these Boards while

implementing the Rashtriya Swasthya Bima Yojana Scheme?

Both the respective States as well as the Union Territory,

Chandigarh are further directed to supply following information on

affidavit:

(i) Till date how much amount has been spent by the State or its

various departments while implementing the aforesaid scheme?

(ii) The detail of benefit to the beneficiaries be given under the

Scheme. The said detail be given category wise.

CWP No.4847 of 2014 (O&M) -3-

We further direct the Union of India to file an affidavit with

respect to the steps they have taken for implementation of the scheme. In

both the respective States as well as Union Territory Chandigarh, whether

Union of India has taken any step where it found that the scheme was not

being properly implemented.

In this case, a joint written statement has been filed by State of

Punjab and Punjab Health Systems Corporation. We deem it necessary that

the Punjab Health Systems Corporation, should file a separate written

statement by the adjourned date of hearing on the following aspects:

(i) How many claims with regard to Rashtriya Swasthya Bima Yojana

Scheme have been settled by the insurance company to whom this job has

been assigned?

(ii) How much benefits have been released by the insurance company and

what is the claim amount settled?

Adjourned to 9.4.2015.

                                                         ( SATISH KUMAR MITTAL)

                                                                   JUDGE

27.02.2015                                             ( DEEPAK SIBAL )

                                                                    JUDGE

Posted by Amit Chopra