PREAMBLE
In exercise of the powers conferred by Section 62 read with Section 40
of the Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996, (Act 27 of 1996), the State Government after
consultation with the Expert Committee, do hereby make the following rules
further to amend the Odisha Building and Other Construction Workers'
(Regulation of Employment and Conditions of Service) Rules, 2002, namely:--
Rule - 1.
(1)
These rules
may be called the Odisha Building and Other Construction Workers' (Regulation
of Employment and Conditions of Service) Amendment Rules, 2014.
(2)
They shall
come into force on the date of their publication in the Odisha Gazette.
Rule - 2.
In the Odisha Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Rules, 2002 (hereinafter referred to as
the said rules), in rule 208, for sub-clause (i) of clause (b) of sub - rule
(1), the following sub-clause shall be substituted, namely:--
"(i) the
Labour Commissioner, Odisha who shall be the authority under section 39 of the
Act".
Rule - 3.
In the said rules, in the rule 262,--
(i)
in sub-rule
(1), for the figure, words and bracket "Rs. 25,000.00 (Rupees Twenty Five
Thousand)", the figure, words and bracket "Rs. 1,00,000.00 (Rupees
One Lakh)" shall be substituted; and
(ii)
for sub-rule
(4), the following sub-rule shall be substituted, namely:--
"(4) The
Board may, with the prior approval of the Government, delegate financial powers
to the Collector of the district and other officers of the State Government to
such extent, for such purpose and subject to such conditions as may be
specified in the delegation".
Rule - 4.
In the said rules, in rule 265,--
(i)
in clause
(v) of sub-rule (2), the words "The nomination shall stand revised in the
name of the spouse on his acquiring a family or on the happening of any legal
change in the status of the family" shall be deleted.
(ii)
after sub
rule (2), the following sub-rule shall be inserted, namely:--
"(2A). The nominee shall mean:--
(i)
the spouse;
(ii)
in case the
spouse is not living, all minor children; and
(iii)
in case
there is no living spouse or minor children, parents."
Rule - 5.
In the said rules, sub-rule (4) of rule 266 shall be deleted.
Rule - 6.
In the said rules, in rule 270, for the letters and figures appearing
against items (A),(B) and (C) "Rs. 75,000.00", "Rs.
40,000.00" and "Rs. 20,000.00", the letters and figures
"Rs. 1,50,000.00", "Rs. 80,000.00" and "Rs.
40,000.00" shall respectively be substituted.
Rule - 7.
In the said rules, in sub-rule (1) of rule 271, for the figures and
words "Rs. 50,000.00 (Rupees Fifty Thousand)" and "Rs.
1,00,000.00 (Rupees One Lakh)", the figures and words "Rs.
1,00,000.00 (Rupees One Lakh)" and "Rs. 2,00,000.00 (Rupees two
Lakhs)" shall respectively be substituted.
Rule - 8.
In the said rules, for clauses (i), (ii) and (iii) of rule 275, the
following clauses shall be substituted, namely:--
"(i) 11th
and 12th class:- Rs. 3,000 for son and Rs. 4,000 for daughter per annum.
(ii) for
under graduate and post-graduate studies in any discipline other than
engineering, technology or medicine- Rs. 4,000 for son and Rs. 5,000 for
daughter per annum.
(iii) for
I.T.I. or Diploma in Engineering or Degree in Engineering or Medicine-at par
with fee structure for Government institutions as approved by the State
Government for son and an additional amount of Rs. 2,400 for daughter per
annum."
Rule - 9.
In the said rules, in rule 277, for the figure "Rs. 2,000.00",
the figure "Rs. 4,000.00" shall be substituted.
Rule - 10.
In the said rules, in rule 278, --
(i)
in sub-rule
(1), for the figure, words and bracket "Rs. 3,000 (Three Thousand)",
the figure, words and bracket "Rs. 2,000 (Rupees Two Thousand) per month
subject to a maximum training period of six months" shall be substituted;
(ii)
for sub-rule
(2), the following sub-rule shall be substituted, namely:--
"(2) The Board may grant financial assistance
up to Rs. 4,000 for purchase of working tools and up to Rs. 1,000 for purchase
of safety equipment to the registered beneficiary who has completed at least
one year, subject to production of purchase receipt of admissible items from a
registered shop or company. The application shall be in Form XLIV with such
documents and be made within such period as may be specified by the
Board".
(iii)
after
sub-rule(2), the following sub-rule shall be inserted, namely:--
"(3) The
Board may grant financial assistance up to Rs. 4,000 for purchase of bicycle by
a beneficiary who has completed at least three years of registration, subject
to production of purchase receipt from a registered shop or company. The
application shall be in Form XLIV and be accompanied with such documents and be
made within such period as may be specified by the Board".
Rule - 11.
In the said rules, in rule 278-A, for the figure and words "Rs.
1,800 (one thousand eight hundred)", the figure and words "Rs. 5,000
(Rupees five thousand)" shall be substituted.
Rule - 12.
In the said rules, in the rule 278-B, for the figure and words "Rs.
5,000 (Rupees Five Thousand)", the figure and words "Rs. 20,000
(Rupees twenty thousand only)", shall be substituted.
Rule - 13.
In the said rules, in rule 279, for the words "of the Welfare
Board" appearing at the end of the words "of the Government"
shall be substituted.
Rule - 14.
In the said rules, after rule 285, the following rule shall be inserted,
namely:--
"285-A. The Board shall arrange for
translation and supply of Form XXVII, Form XXXI, Form XXXIV, Form XXXV, From
XXXVII, Form XXXIX, Form XL, Form XLI, From XLII, Form XLIII, Form XLIV and
Form XLV in Odia and the forms so translated in Odia shall be filled in Odia
which shall be valid and acceptable for all purposes."
Rule - 15.
In the said rules, in rule 288, in sub-rule(4), for the words "to
the Secretary", the words to the Secretary to the Government of Odisha in
the Labour and Employees' State Insurance Department shall be substituted and
for the words "Government of Orissa in Labour & Employment
Department", the words "Government of Odisha in the Labour and
Employees' State Insurance Department" shall be substituted.
Rule - 16.
In the said rules, in Form XXXIV, for the reference "See Rule
268(3)" the reference "See Rule 270" shall be substituted.
Rule - 17.
In the said rules, for Form-XXVII, Form-XXVIII, Form-XLII and Form-XLIV,
the following Forms shall be substituted, namely:--
"FORM XXVII"
[See Rule 265(1)
APPLICATION FOR REGISTRATION OF BUILDING AND OTHER
CONSTRUCTION WORKER
1.
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(a)
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Name of
the construction worker:
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(b)
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Sex:
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(c)
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Marital
Status
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(d)
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Father's
Name/Husband's Name
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(e)
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Date of
birth/age: (attested copies of proof of age to be enclosed)
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(f)
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Present
address:
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(g)
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Permanent
address:
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(i)
Village:
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(ii) Post
office:
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(iii) Gram
panchayat:
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(iv)
Block/Municipality/NAC:
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(v)
District:
:
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2. Details of the family members
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Sl. No.
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Name
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Age
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Relation
with the Applicant
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3.
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Name and
Address of the: establishment(s) where the applicant worked during the last
one year (with Registration No., if available)
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4.
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Date of
working with duration of: work in the establishment (s)
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5.
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Nature of
job:
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6.
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Educational
qualifications/training details, if any
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7.
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Whether
BPL/Antyodaya: Mention Card No. if available (Based on self-declaration by
the applicant)
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8.
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PF/ESI
No., if any:
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9.
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(I)
Whether SC/ST/SEBC:
(II)
Whether Minority/Physically: Challenged/etc. (based on self-declaration by
the applicant)
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10.
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Bank
Account No./Name of: Branch/Bank
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The above facts are true to the best of my knowledge and information.
Signature of the Applicant
Place:
Date:
Certified that the above applicant is/was engaged by me/known to me as a
building workers since____________
Signature of the Employer/Registered union with seal, address &
contact no.
......................................................
ACKNOWLEDGEMENT
Received the application for registration under BOCW (RE & CS) Act,
1996
From Shri/Smt. ................................................
An amount of Rs. ________ as Registration and one years' Membership fee
has been received vide Money Receipt No._____
dated________
Signature___________
Date________________
FORM XXVIII
[See Rule 266(1)]
IDENTITY CARD OF THE CONSTRUCTION WORKER UNDER O.B.
& O.C.W.W., BOARD
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Regd. No.
Date:
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1.
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a.
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Name of
the Construction Workers:
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(b)
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Sex:
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I
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Marital
Status:
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(d)
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Father’s
Name/Husband’s name
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I
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Date of
birth/age:
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(f)
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Permanent
Address:
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(g)
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Present
Address:
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2.
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Name, Address,
Registration No. of:
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the
Establishment where the
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Worker is
working.
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4.
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BPL/Antyodaya
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Mention
Card No.
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5.
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(I)
Whether SC/ST/SEBC:
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(II)
Whether Minority/Physically
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Challenged/etc.
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6.
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(a)
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Registration
No. of the beneficiary:
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(b)
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Date of
Registration:
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7.
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Bank
Account No. & Name of
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Branch/Bank
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8.
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Signature
of the worker registered
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as
beneficiary
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Place:
Date:
Registering Officer
(Signature with Seal)
FORM-LII
(See Rule 275)
APPLICATION FOR FINANCIAL ASSISTANCE FOR THE
EDUCATION OF CHILDREN OF THE BENEFICIARY
To
The Secretary, Odisha Building & Other Construction Workers’ Welfare
Board/District Labour Officer.
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1.
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(a) Name
of the registered Construction Workers
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:
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(b) Sex:
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I Marital
Status
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(d) Father’s
Name/Husband’s name
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I Date of
birth/age
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(f)
Present Address
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(g)
Permanent Address
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2.
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Name,
Address, Registration No.: of the Establishment where the Worker is working.
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3.
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Nature of
job:
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4.
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BPL/Antyodaya:
Mention Card No.
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5.
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(I)
Whether SC/ST/SEBC:
(Il)
Whether Minority/Physically Challenged/etc.
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6.
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(a)
Registration No. of the beneficiary
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(b) Date
of Registration
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7.
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Bank
Account No.:
Name of
Branch/Bank
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8.
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Details of
son (s)/daughter(s) for whom
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Education
assistance is sought
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Place:
Date:
Signature/Thumb impression of the Registered Beneficiary
FORM-XLIV
[See Rule 278(2) and 278(3)]
APPLICATION FOR GRANT FOR THE PURCHASE OF WORKING
TOOLS/SAFETY EQUIPMENTS/BICYCLE
To
The Secretary,
Odisha Building & Other Construction Workers' Welfare Board,
Bhubaneswar.
(1)
Name of the
applicant beneficiary:
(2)
Father's/Husband's
Name:
(3)
Residential
Address:
(a)
Permanent:
(b)
Present:
(4)
Registration
Number:
(5)
Amount of
Annual contribution remitted:
(Receipt No. & Date)
(6)
Age &
date of birth:
(7)
Nature of
job:
(8)
Particulars
of item purchased-
(a)
Description:
(b)
Make:
(c)
Invoice
price (Original bill to be enclosed):
(d)
Name and
address of supplier:
(9)
Amount of
grant applied for:
DECLARATION
I do hereby solemnly declare that the facts mentioned above are true to
the best of my knowledge and belief. Incase any information submitted by me is
found wrong; I shall be liable to refund the same with interest to the Board
immediately.
Place:
Date:
Signature of applicant"
By Order of the Governor