What is "building or other construction work" for the purposes of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act. 1996.
“Building and Other Construction Work” means the construction ,alteration, repairs, maintenance or demolition, of or in relation to building , streets, road, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works) , generation ,transmission and distribution of power, water works (including channels for distribution of water), oil and gas installation, electric lines, wireless, radio, television, telephone, telegraph and overseas communications, dams canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqueducts, pipelines, towers, cooling towers, transmission towers and cutting ,breaking and crushing of stone work, cutting and polishing of slabs/tiles work, woodwork in including painting/varnishing, Sewerage and plumbing work, electrical work including wiring, panel fixing , installation and repair of fire lighting system work, installation and repair of cooling and heating system work, installation of lift, escalators work, installation of security gates/devices work, fabrication and installation of iron/metal grills, window, doors work, construction of water harvesting structures work, interior work including carpeting, false ceiling/lighting plaster of Paris, cutting, glazing and installation of glass panel work, making of bricks/ roofing tiles, etc. Not covered by Factories Act,1948, work of installation energy efficient equipment like solar panels, etc., work of installation of modular units for use in places such as kitchens, work making and installation of pre-fabricated concrete modules¸ construction of sports/recreation facilities including swimming pools, golf courses, construction/erection of signage/road furniture/bus shelter/depots/ stands/ signalling system , construction of rotaries/installation of fountains and construction of public parks /walking tracks/landscaping.
The above mentioned works are the building or other construction work for the purposes of the said Act and the welfare Scheme made there under.
What is "Building or Other Construction Workerfor the purposes of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996?
1. Section 2(1) (C) of the Building and Other Construction Workers (regulation of Employment and Conditions of Service) Act, 1996 provides the meaning of “ Building Worker” as under for the purposes of the said Act and the welfare scheme made there under-
“Building Worker” means a person who is employed to do any skilled, semi- skilled or unskilled, manual supervisory, technical or clerical work for here or reward, whether the terms of employment be expressed or implied, in connection with any building or other construction work but does not include any such person-
i) Who is employed mainly in managerial or administrative capacity, or
ii) Who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.
Therefore, a person who is employed to do any skilled, semi-skilled or unskilled, manual supervisory, technical or clerical work for here or reward, whether the terms of employment be expressed or implied, in connection with any building or other construction work is building worker unless he is
i) Employed mainly in managerial or administrative capacity, or
ii) Employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by the reason of the powers vested in him, functions mainly of a managerial nature.
Registration of Building or Other Construction Workers as Beneficiary with the Manipur Building and Other Construction Workers’ Welfare Board.
(1) Section 12 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service Act,1996 provides for registration of building workers with the Welfare Board constituted by the State Government as beneficiary of the welfare benefits of the building workers under section 22 of the said Act.
The said section 12 reads as under –
“12. Registration of building workers as beneficiaries. (1) Every building worker who has completed eighteen years of age but has not completed sixty years of age and who has been engaged in any building or other construction work for not less than ninety days during the preceding twelve months shall be eligible for registration as a beneficiary under this Act."
(2) Any application of registration shall be made in such form as may be prescribed, to the officer authorized by the Board (Welfare Board) in this behalf.
(3). Every application under sub-section (2) shall be accompanied by such documents to together with such fee not exceeding fifty rupees as may be prescribed.
(4) If the officer authorized by the Board (Welfare Board) under sub-section (2) is satisfied that the applicant has complied with the provisions of this act and the rules made there under, he shall register the name of the building worker as a beneficiary under this Act.
Provided that an application for registration shall not be rejected without giving the applicant an opportunity of being heard.
(5) Any person aggrieved by the decision under sub-section (4) may, within thirty days from the date of such decision of such decision, prefer an appeal to the Secretary of the Board (Welfare Board of any other officer specified by the Board in this behalf and the decision of the Secretary or such other officer on such appeal shall be final.
Provided that the Secretary or any other officer specified by the Board (Welfare Board) in this behalf may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the building worker was prevented by sufficient cause from filing the appeal in time.
Grounds on any which a registered building or other construction worker should automatically cease to be a beneficiary in spite of his registration.
1. Section 14 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 provides for automatically cessation as beneficiary that a building worker who has been registered as a beneficiary under this Act shall cease to be as such when he attains the age [of sixty years or when he is not engaged in building or other construction work for not less than 90 days in a year.
Provided that in computing the period of 90 days there shall be excluded any period of absence from the building worker by accident arising out of and in the course of his employment.
2. Section 17 of the Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 also provides that a registered building worker has not paid his monthly contribution for a continuous period of not less than one year, he shall cease to a beneficiary.
In view of the provisions of the said sections 14 and 17 of the Building and Other Construction Worker (Regulation of Employment and Conditions of Service) Act, 1996 a registered building worker should automatically cease to be a beneficiary when-
a) He attains the age of 60 years, or
b) He is not engaged in building or other construction work for less than 90 days in a year, or
c) He has not paid monthly contribution to the Manipur Building and other Construction Workers’ Welfare Board for a continuous period of not less than one year.
