VIJAY WALIA
Fight for the Rights of Unorganized labour, Disable
person & fight against in justice
Organization Director Center for Social Change & Equity (Regd.)
Patron: Ajmer Merwada Contractors Association, Ajmer
(Raj.)
Para-Legal Volunteer (District Legal service
Authority, Patiala)
Vijay lodge, Rajbaha Road near Hira Motor Patiala
Email:-
vijaywalia7@gmail.com Mob:-+7508293023 Blog: www.cscepatiala.blogspot.in
Ref:- ……………. Date:
03-05-2014
Labour Welfare
Boards in all States and UTs asked to release the cess collected from construction
activities of all real estate developers
Capital Market April
29, 2014 Last Updated at 13:34 IST
Labour
& Employment Ministry finalizing Labour Agenda for New Government: Addl.
Secy. in the Ministry Union Ministry of Labour & Employment has directed
Labour Welfare Boards in all States and Union Territories to release the cess
collected from construction activities of all real estate developers for
welfare of construction workers so that the intended purpose of the cess is
served to educate the children of workers involved in construction activities. Disclosing
this at a meeting of members of PHD Chamber of Commerce and industry with
Ministry of Labour & Employment which was presided over by its Additional
Secretary Mr. Arun Kumar Sinha here today, Mr. Sinha also indicated that his
ministry is in the process of finalizing a blue print, involving host of labour
issues for the addressal by the new government in its first three months
period.
Without
disclosing the issues, Mr. Sinha further stated that the ministry would also highlight
labour related issues with their solutions for the new government that it
should address on a priority basis in its first year of the office. The cess
deposited by the real estate builders and developers to various labour welfare
boards under jurisdictions of States and Union Territories over the years have
accumulated to an extent of Rs.11000 crores according to government estimates.
However, its distribution has not happened for the targeted group for the intended
purpose of opening up schools and hospitals for children of construction
workers at a scale initially expected by the government. Mr. Sinha, however,
added that there are very few states which have utilized the amount of cess to
serve the desired objectives. The Ministry of Labour & Employment has cited
the examples of performing states to vast majority of non-performing states,
asking them to emulate the performing states and accordingly, distribute the
cess amount for the welfare of construction workers, he explained. In his
welcome remarkes, Mr. Alok B Shriram, Sr. Vice President, PHD Chamber of
Commerce and Industry said that safety and security of women at workplaces
especially of construction sites should be observed with utmost sincerity so
that industrial relations are very well maintained in all segments of
industrial activities including construction activities. Mr. Shriram informed
that safety cells have been setup in almost every industry as per government
directions to prevent possibilities of sexual harassment of women workers and
the directive of the governments in this directions were followed and adhered
to in later and spirit by the government.
The Official of Labour department of
Govt. of India has planned to use cess amount collected under BOCW cess act
1996. To pleased & obliged the industrialist of the country as above. The
planning of the labour Department & Govt. of India is against the Principal
of BOCW act & BOCW cess act, against the constitution of India &
against the direction given by the Hon’ble Supreme Court of India for the
following reasons:-
1.
The
cess collected under BOCW cess act is for the welfare of BOC workers. The
sectioned-22 of BOCW act 1996 read as under:-
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 premia 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. The Hon’ble Supreme Court of India in CWP No: 318 of 2006 on
dated: 13-01-2009 up held the section-22 of BOCW act.
The Hon’ble Supreme Court of India in CIVIL appeal No: 1831 of 2008 &
CIVIL appeal No: 1832 of 2008 decided on Dated: 18-11-2011 has decided that
cess is fee not a tax cess/fee collected for the purpose shall be used for that
purpose only.
The Hon’ble Supreme Court of India in CWP No: 318 of 2006 Dated:
07-02-2012 has ordered that cess collected by the State Welfare Board the State
Govt. cannot used in other heads of the State the relevant potion of the
Hon’ble Supreme Court order read as under:-
The funds available with
the Welfare Boards which have not been disbursed or are not likely to be
disbursed within a short period should be properly invested with the
nationalized banks only. Funds available with the Welfare Boards shall not be
utilized by the State for any other head of expenditure of the State
Government, etc.
2. The Parliament of India acted right
to education act 2009. It is the fundamentals rights of the children’s of BOC
workers to get free education under RTE act 2009.
3. All the State Govt. & the UT are
giving RSBY benefits to the BOC workers & for serious disease treatment
giving financial AID upto Rs. 1.50 Lakh
4. The Children’s living with their
parents at construction sites where the BOC workers are engaged for work. Some
Children are living in the parental villages it not possible that the children’s
get education from some new School constructed by the Govt. like this it is not
possible that BOC Workers will get Medical treatment from the construction of
some new Hospitals.
If the Govt. is ready serious for the education of the BOC worker children.
All the States & UTS will implement RTI act in full spirit & for the
health security for the BOC workers bring under ESI act the Fee &
contribution from ESI act will be borne by the states & UTS BOC Welfare
Boards from his cess collection
5. The Govt. of India cannot used cess
collected money for infrastructure they can used cess collected money for the
BOC worker Welfare only.
(Vijay Walia)
