Employment Regulations and Service Conditions

The following Acts / Rules have been issued by the Central and State Government to regulate the employment and services of the building and other construction workers and for their safety, health and welfare.

• The building and other construction workers’ (Regulation of employment and conditions of service) act, 1996
• The building and other construction workers’ welfare cess act, 1996
• The building and other construction workers’ welfare cess rules, 1998
• The building and other construction workers’ (Regulation of employment and conditions of service) central rules, 1998
• The Maharashtra building and other construction workers’ (Regulation of employment and conditions of service) central rules, 2007

Construction Workers Registration

• According to 2001 census, there are total of 14.09 lakh construction workers in the state. Though Official statistics are not released yet. Considering the increase in population to 15.99% according to the 2011 census, the construction workers are expected to be 17.50 lakh.
• At the end of November 2016, 5.62 lakh construction workers were registered in the Board as beneficiaries and 2.99 lakh workers registration is valid till date.
• According to Maharashtra Economic Survey 2015-16, 1.02 lakh construction establishments exist in the state.
• The autonomous tripartite Board was established on 01.05.2011. On 03.11.2011, notification was issued for minor contribution from the beneficiaries
• After this, the registration process of the workers was started immediately through the available manpower in the labour commissioner’s office.

Registration Eligibility Criteria

1. A worker should be between 18 to 60 years of age.
2. A worker must be working for more than 90 days in the last 12 months.

Documents required for registration

To get registered with board, form -V has to be filled and submitted along with following documents.

1. Proof of Age
2. 90 days working certificate
3. Residence proof
4. Identity proof
5. 3 Passport Sized Photographs

Registration fee – Rs. 1/- and Annual subscription – Rs. 1/-

Important provisions in the Building and Other Construction Workers Act

• The Government of Maharashtra has created the Maharashtra Building and Other Construction Workers (Employment Regulation and Conditions of Service) Rules, 2007, using the power provided by section 62 and section 40 of the Building and Other Construction Workers (Employment Regulation and Conditions of Service) Act, 1996 (27 of 1996). On 1st May 2011, Triple Maharashtra Building and Other Construction Workers Welfare Board formed the Triple Board Is approved.

• According to Section 3 (1) of the Building and Other Construction Workers Welfare Cess Act 1996, and the Labor Ministry issued by the Union Government. According to the notification dated September 26, 1996, the cess is levied at 1% of the cost of construction except the cost of the land.

• Officials of the local government bodies, government offices and government enterprises which have sanctioned the construction of the cess for the recovery of cess have been empowered and the officials of the Government of Maharashtra, Industry, Energy and Labor Department According to the notification dated April 16, 2008, the officers of the department have been appointed as Cess Recovery Officials, Assessing Officer and Appellate Authority.

• The cess fixing officer should fix the cess and recover the cess by the Cess Recovery Officer and submit it to the Board within 30 days with the prescribed form.

• Any such establishment that employs 10 or more workers on any day, in which central and state government institutions, autonomous bodies, irrigation, railways, airlines, MHADA, CIDCO, MIDC, all municipal corporations, telephones, Power transmission, flood control, tunnels, bridges, buildings, roads, roads, navigation work, oil and gas linkage, wireless / radio / television towers . All the construction workers are involved.

Cess Info

Provision of Cess

As per Section 3 (1) of the Building and Other Construction Workers Welfare Cess Act, 1996 and Central Government Notification No. SO 2899, September 26, 1996, orders for collecting cess at the rate of 1% of the total cost of construction (excluding land value) have been issued.

In accordance with this, Government Industries, Energy and Labour Department, Circular No. BCA 2007 / Pr. No. 788 / Workers 7-A, dated 26.10.2009, Government Decision No. BCA 2009 / Pr. No. 108 / Labour 7-A, dated 17.06.2010 and Government Resolution No. BCA 2009 / Pr. No. 108 / Worker-7-A, dated 21.07.2011, has fixed the procedure for recovering cess on Government work under the Building and Other Construction (Regulation of Employment and Conditions of Service) Act, 1996 as well as the Building and Other Construction Workers Welfare Cess Act 1996
The Cess amount is to be credited to the Board’s bank account within 30 days from the date of receipt.

How to pay the Cess

Cess amount is to be deposited to the Board’s account in Central Bank of India,
B. K. C. Branch, Plot No. C-6, ‘B’ Block, Bandra (East), Mumbai-400 051, Current Account No. 3671178591, IFSC Code – CBIN0282611. Cess amount should be deposited in the Bank through Demand Draft / RTGS / NEFT in the name of “Maharashtra Building and Other Construction Workers Welfare Board, Mumbai”.
Payment of cess will not be accepted by cheque. To deposit Cess amount the format of Challan and the list of branches of Central Bank of India is available on the Boards website.

Penalties if Cess not paid for

If there is no cess payable as mentioned under Section 3 of the period mentioned in the prescribed amount, then on the prescribed amount, there is a penalty of 2% per month on the amount of recovery or recovery of cess amount.

Where to pay Cess

Pay the cess to the local authority, government offices and government officials who authorize the building and other construction projects.

Establishment / Construction Owner / Developer Registration

As per the Economic Survey of Maharashtra 2015-16, there are 1.02 lakh construction establishments in the State.
All establishments under this Act are compulsory to register under section (7) of the Building and Other Construction Workers (Employment Regulation and Terms of Service) Act, 1996.