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Maharashtra Building And Other Construction Workers (Regulation Of Employment And Condition Of Service) (Amendment) Rules, 2023

Maharashtra Building And Other Construction Workers (Regulation Of Employment And Condition Of Service) (Amendment) Rules, 2023

Maharashtra Building And Other Construction Workers (Regulation Of Employment And Condition Of Service) (Amendment) Rules, 2023

 

[30th November 2023]

In exercise of the powers conferred by sections 62 and 40 read with sub-section (1) of section 22 of the Building and other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996 (27 of 1996), the Government of Maharashtra, after consultation with the Expert Committee constituted under section 5 of the said Act, hereby makes the following rules to amend the Maharashtra Building and other Construction Workers (Regulation of Employment and Condition of Service) Rules, 2007, namely:-

Rule - 1.

These rules may be called the Maharashtra Building and Other Construction Workers (Regulation of Employment and Condition of Service) (Amendment) Rules, 2023.

Rule - 2.

For rule 45 of the Maharashtra Building and Other Construction Workers (Regulation of Employment and Condition of Service) Rules, 2007, the following rule shall be substituted, namely :-

"45. Functions of the Board.-

(1)     The Board may, by resolution, subject to the availability of funds, provide the financial assistance to the beneficiary for the following purposes, namely:-

(A)     Financial assistance for construction of house to beneficiary.-The Board may sanction loans and advances or financial assistance to a beneficiary for construction or purchase of a house not exceeding Rs. 2,00,000 (rupees two lakhs only), subject to the following terms and conditions, namely:-

(a)      The beneficiary has been engaged in any building or other construction work in the State for not less than three years.

(b)      The beneficiary shall be entitled to avail benefit under this scheme for construction or purchase of house in the State.

(c)      For availing benefit under this scheme for construction of house, the beneficiary or beneficiaries shall submit proof of ownership of land and No Objection Certificate from the concerned local authority.

(d)      For availing benefit under this scheme for purchase of house the beneficiary or beneficiaries shall submit Agreement of Sale.

(e)      The beneficiary shall be entitled to avail benefit under this scheme once in a lifetime.

(f)       Such benefit shall be given once for a family of beneficiary which includes husband, wife and children below age of eighteen years.

(B)     Financial assistance for education of children of the beneficiaries.-

(a)      The financial assistance schemes for education of children of the beneficiaries are as follows:-

(i)       Financial assistance to student children of beneficiary (1st to 7th Standard).-The Board may give financial assistance of Rs. 2,500 (rupees two thousand five hundred only) per student child of a beneficiary per academic year for 1st to 7th standard.

(ii)      Financial assistance to student child of beneficiary for secondary education (8th to 10th Standard).- The Board may give financial assistance of Rs. 5,000 (rupees five thousand only) per student child of beneficiary per academic year for 8th to 10th standard.

(iii)     Financial assistance to student child of beneficiary for higher secondary education (11th to 12th Standard).-The Board may give financial assistance of Rs. 10,000 (rupees ten thousand only) per student child of beneficiary per academic year for 11th and 12th standard.

(iv)    Incentive to student child of beneficiary on passing 10th and 12th Standard.-The Board may give financial assistance of Rs. 10,000 (rupees ten thousand only) to a student child of beneficiary as an incentive on passing 10th standard and 12th standard (in both standards) with minimum fifty per cent. marks in each standard.

(v)      Financial assistance to student child of beneficiary for graduation.-The Board may give financial assistance of Rs. 20,000 (rupees twenty thousand only) per student child of beneficiary per academic year for any graduate courses. The financial assistance shall be given only to such graduate courses which are recognized by concerned regulatory authorities and approved by the Central Government or the State Government.

(vi)    Financial assistance student child of beneficiary for post graduation.-The Board may give financial assistance of Rs. 25,000 (rupees twenty five thousand only) per student child of beneficiary per academic year for any post graduate courses. The financial assistance shall be given only to such post graduate courses which are recognized by concerned regulatory authorities and approved by the Central Government or the State Government.

(vii)   Financial assistance student child of beneficiary for diploma.-The Board may give financial assistance of Rs. 20,000 (rupees twenty thousand only) per student child of beneficiary per academic year for any diploma courses. The financial assistance shall be given only to such diploma courses which are recognized by concerned Board or regulatory authorities and approved by the Central Government or the State Government.

(viii)  Financial assistance to student child of beneficiary for graduate courses in medical.- The Board may give financial assistance of Rs. 1,00,000 (rupees one lakhs only) per student per academic year for graduate courses in medical. The financial assistance shall be given only to such graduate courses in medical which are recognized by concerned regulatory authorities and approved by the Central Government or the State Government:

Provided that, child of a beneficiary who has availed benefit under "Financial assistance to student child of beneficiary for graduation" shall not be eligible to avail benefit of financial assistance for graduate courses in medical.

(ix)    Financial assistance to student child of beneficiary for graduate courses in engineering.-The Board may give financial assistance of Rs. 60,000 (rupees sixty thousand only) per student child of beneficiary per academic year for graduate courses in engineering. The financial assistance shall be given only to such graduate courses in engineering which are recognized by concerned regulatory authorities and approved by the Central Government or the State Government:

Provided that, child of a beneficiary who has availed benefit under "Financial assistance to student child of beneficiary for graduation" shall not be eligible to avail benefit of financial assistance for graduate courses in engineering.

(x)      Financial assistance to child of beneficiary for Computer Education (MS-CIT).-The Board may give financial assistance of Rs. 5,000 (rupees five thousand only) per child of a beneficiary who has passed the MS-CIT course as reimbursement of MS-CIT course fee. A child of a beneficiary shall submit MS-CIT certificate of concerned institute from where child has completed such course.

(b)      The above referred Financial Assistance Schemes mentioned in this sub-rule shall be applicable to the child of a beneficiary subject to the following general terms and conditions, namely:-

(i)       First two children of beneficiary are eligible to avail the benefit of the financial assistance schemes.

(ii)      In case where father and mother both are beneficiaries, then their children shall be eligible to avail benefit under the schemes on behalf of either father or mother.

(iii)     The beneficiarys child should have passed the previous standard to avail the financial assistance for next standard or concerned educational courses.

(iv)    The beneficiary shall submit mark sheet of concerned school or institute from where child has passed previous standard or concerned educational courses.

(v)      The beneficiary shall submit bonafide certificate of concerned school or institute from where child has passed the previous standard or concerned educational courses.

(vi)    The beneficiary shall submit attendance proof (at least seventy five per cent. attendance) of concerned school or institute from where child has completed previous standard or concerned educational courses.

(vii)   The beneficiary can only apply for immediate previous academic year and have to submit application within one year after declaration of result.

(C)     Financial assistance for marriage of beneficiary.-The Board may give financial assistance of Rs. 30,000 (rupees thirty thousand only) for marriage of beneficiary, subject to the following terms and conditions, namely:-

(i)       This financial assistance shall be for first marriage of beneficiary only.

(ii)      If husband and wife both are beneficiaries, then they are eligible for one benefit only.

(iii)     The beneficiary shall submit marriage certificate of Competent Authority.

(iv)    The beneficiary shall submit birth proof of both husband and wife. The husband should be twenty one years old or more and wife should be eighteen years old or more.

(D)     Financial assistance for marriage of daughter of beneficiary.-The Board may give financial assistance of Rs. 51,000 (rupees fifty one thousand only) for marriage of daughter of beneficiary, subject to the following terms and conditions, namely:-

(i)       This financial assistance shall be for marriage of one daughter of beneficiary only.

(ii)      If husband and wife both are beneficiaries, then they are eligible for one benefit only.

(iii)     The beneficiary shall submit marriage certificate of Competent Authority.

(iv)    The beneficiary shall submit birth proof of both husband and wife. The husband should be twenty one years old or more and wife should be eighteen years old or more.

(E)     Financial assistance to beneficiary for family planning after one daughter.-The Board may keep Fixed Deposit of Rs. 1,00,000 (rupees one lakh only) in the name of a daughter who is the only child of beneficiary upto her age of eighteen years in account of beneficiary in any Nationalized Bank, subject to the following terms and conditions, namely:-

(i)       If husband and wife both are beneficiaries, then they are eligible for one benefit only.

(ii)      The beneficiary shall submit family planning certificate from concerned Medical Officer authorized by the Central Government or the State Government.

(iii)     The beneficiary shall submit proof of having only one daughter.

(F)      Supply of utensils to beneficiary.-The Board may supply such types of utensils which are approved by the State Government, to the beneficiaries, subject to the following terms and conditions, namely:-

(i)       The beneficiaries shall be supplied with utensils once in lifetime.

(ii)      The benefit shall be given only once to family, which includes husband, wife and children below the age of eighteen years.

(G)     Supply of safety kit to beneficiary.-The Board may supply such types of safety kit which is approved by the State Government to the beneficiaries once in lifetime.

(H)     Supply of essential kit to beneficiary.- The Board may supply such types of essential kit which is approved by the State Government to the beneficiaries once in lifetime.

(I)      Supply of health kit to beneficiary.-The Board may supply such health kit containing such ingredients which are approved by the State Government to the beneficiaries.

(J)      Financial assistance to beneficiary in case of death.-

(i)       The Board may give financial assistance of Rs. 2,00,000 (rupees two lakhs only) to legal heirs of beneficiary in case of natural death of beneficiary between 51 to 60 years.

(ii)      The Board may give financial assistance of Rs. 5,00,000 (rupees five lakhs only) to legal heirs of beneficiary in case of accidental death of beneficiary on construction site at any age.

(iii)     The Board may give financial assistance of Rs. 10,000 (rupees ten thousand only) to legal heirs of beneficiary as immediate assistance for funeral in case of natural death of beneficiary between 51 to 60 years or accidental death of beneficiary.

(iv)    The Board may give financial assistance of Rs. 24,000 per year (rupees twenty four thousand only) to legal heirs of beneficiary as compensation for five years in case of natural death of beneficiary between 51 to 60 years or accidental death of beneficiary.

(v)      The Board may give financial assistance of Rs. 20 per kilometer (rupees twenty only) to legal heirs of beneficiary for cadaver transportation cost in case of natural death of beneficiary between 51 to 60 years or accidental death of beneficiary.

(vi)    The Board may give financial assistance of Rs. 15,000 (rupees fifteen thousand only) to beneficiary for natural child birth. First two children of beneficiary are eligible to avail the benefit under this scheme.

(vii)   The Board may give financial assistance of Rs. 20,000 (rupees fifteen thousand only) to beneficiary for cesarean child birth. First two children are eligible to avail the benefit under this scheme.

(viii)  If husband and wife both are beneficiaries, then they are eligible for only one benefit for schemes mentioned in sub- clauses (vi) and (vii).

(ix)    The Board may give financial assistance of Rs. 2,00,000 (rupees two lakhs only) to beneficiary in case of seventy five per cent. or more disability.

(x)      The Board may give financial assistance of Rs. 1,00,000 (rupees one lakh only) to beneficiary for treatment of such critical illnesses which are specified by the State Government in the Public Health Department for Government servants.

(xi)    The Board may fully reimburse to Artificial Limb Manufacturing Corporation of India for fitting artificial organ to beneficiary.

(xii)   The Board may conduct health checkup as per Central Government or State Government Schemes.

(xiii)  The beneficiary shall submit medical certificate from concerned Medical Practitioner or Medical Officer authorized by the Central Government or the State Government to avail benefit of schemes mentioned in this clause.

(xiv)  The Board may, with approval of the State Government, formulate comprehensive insurance schemes for one or more schemes mentioned in this clause.

(K)     Supply of meal or nutritious food to beneficiaries.-The Board may, with approval of the State Government, decide to supply meal or nutritious food to beneficiaries. Menu, quantity and time of such meal or nutritious food may be decided by the Board with approval of the State Government.

(2)     If the beneficiary has availed the benefit of any scheme implemented by the Central Government or the State Government, the said beneficiary shall not be eligible to avail the benefit of the scheme implemented by the Board to avoid duplication of benefits.

(3)     The Board may, subject to the availability of funds, also make the provisions for the following other measures and facilities under clause (h) of sub-section (1) of section 22 of the Act, namely:-

(A)     To establish District Building Workers Facilitation Centre (DBWFC).-

(i)       The Board may, with approval of State Government, establish one or more District Building Workers Facilitation Centers for assisting beneficiaries in every district as per requirement.

(ii)      The District Building Workers Facilitation Center may facilitate every building worker for registration and processing of all types of forms to avail benefits to registered building workers under the Act.

(iii)     The District Building Workers Facilitation Center may be headed by such officer as may be authorized by the Government.

(iv)    Every District Building Workers Facilitation Center may be supplied with required manpower and infrastructure to facilitate the work.

(B)     To establish Taluka Building Workers Facilitation Centre (TBWFC).-

(i)       The Board may, with approval of the State Government, establish one or more Taluka Building Workers Facilitation Centre (TBWFC) in every Taluka or one such Centre for more than one Taluka as per requirement.

(ii)      The TBWFC may facilitate building worker for registration and processing of all types of forms to avail benefits to registered building workers under the Act.

(iii)     The TBWFC may work under the administrative control of the District Building Workers Facilitation Centre (DBWFC).

(iv)    Every TBWFC may be supplied with required manpower and infrastructure to facilitate the work.

(C)     Construction of shed for Building Workers (Kamgar Naka).-

(i)       The Board may construct sheds at such places within the limits of local authority with the approval of local authority to facilitate building workers to assemble for obtaining work (Kamgar Naka).

(ii)      These sheds may be facilitated with water and any other essential services as decided by the Board with the approval of the State Government."