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BIHAR BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) (AMENDMENT) RULES, 2016

BIHAR BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) (AMENDMENT) RULES, 2016

BIHAR BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) (AMENDMENT) RULES, 2016

PREAMBLE

In exercise of power conferred by section-62 of the Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act 1996 (27 of 1996) the Governor of Bihar is pleased to make the following rules to amend, the Bihar Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules 2005.

Rule 1. Short title, extent and commencement.- -

(1)         These Rules will be called The Bihar Building and Other Construction workers (Regulation of Employment and conditions of service) (amendment) Rules, 2016.

(2)         It shall extend to the whole of the State of Bihar.

(3)         It shall come into force from the date of publication in official Gazette.

Rule 2. The following new clause (iv) shall be added after clause (iii) of sub-Rule (2) of Rule 266 of the said Rules, 2005.--

"(iv) Aadhar Card, Voter ID Card, Date of Birth mentioned in Unique number of Employees State Insurance corporation."

Rule 3. Sub-Rule (3) and (6) of Rule 266 of the said Rules, 2005 shall be substituted by the following respectively.--

"(3) The prescribed application for registration will have to submit along with certificate given by the employers engaged in construction works or by such contractors engaged in construction works whose firm is not blacklisted, on his pad with his registration number that the applicant is a construction worker in Format XLi.If such type of certificate is not available, certificate subject to the verification issued by any of the registered construction worker Union or Labour Enforcement Office/Labour Superintendent/Assistant Labour Commissioner/Deputy Labour Commissioner of the concerned area will also be valid."

"(6) Any of the construction worker can appeal to Assistant Labour Commissioner against the decision taken under sub Rule-5 within 30 days. The Compliance of the order of the Assistant Labour Commissioner shall be binding for Registering Officer."

Rule 4. The Sub-Rule (1) and (2) of Rule 267 of the said Rules 2005 shall be substituted by the following.--

(1)     Beneficiary of the fund shall deposit the amount @ 0.50 (fifty paise) per month in the Bank specified by the Board. This contribution shall be remitted once for 60 months in advance at the time of registration."

(2)     After the completion of the period of five years of membership, if a construction worker possesses the eligibility for the continuation of his membership, he may get renewed his membership and for this monthly contribution of five years is to be paid.

(3)     If the payment of contribution discontinued for one year continuously, after registration of five years then he shall cease to be a beneficiary of fund.

(4)     If the age of construction worker is 55 years or above, then his membership/renewal would be done only for the limit of the age of 60 years and his monthly contribution will be accepted accordingly.

(5)     Membership of construction worker may be resumed by registering officer only if he deposits the arrear of contribution, i.e. @ 0.50 paise (fifty paise) per month, in the fund of Board, subject to the condition that this type of resumption shall not be allowed more than twice."

Rule 5. "The following Rule 284A shall be inserted after Rule 284 of the said Rules 2005.--

284A- In the light of the section 22(h) of the Building and other Construction workers (Regulation of employment and condition of service) Act 1996, The Bihar Building and other constructions worker welfare Board with the consent of Departmental Minister, Labour Resources Department shall be empowered to enhance the grant and to introduce new schemes in view of implementation of schemes for construction workers.

Provided that before coming in to force of these Rules, any order given by the State Government in the interest of registered constructions workers, relating to the implementation of special welfare programmes (Scheme of constructions/repair of building and purchase of cycle and tools) shall be deemed to be enforced under these Rules."