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
