The Building And Other Construction Workers Welfare Cess Act, 1996
The Act provides for levy and collection of cess on the cost of construction incurred by employers with a view to augmenting the resources of the Building and Other Constructions Workers Welfare Board.
The Act empowers the Central Government to notify such rate not exceeding 2% but not less than 1% of the cost of construction incurred by the employer and accordingly the Govt. of India have notified cess at the rate of 1% of the total cost of construction incurred by the employer.
The Act provides for regulating the employment and conditions of service of building and other construction workers and also provides for their safety, health and welfare measures and other matters connected therewith or incidental thereto.
The Act applies to every establishment, belonging to or under the control of government, any body corporate or firm, an individual or association or other body of individuals which or who employs building workers in any building and other construction work and includes an establishment belonging to a contractor which employs, or had employed on any day of the preceding 12 months, 10 or more building workers in any building or other construction work, but does not includes an individual who employs such workers in any building or construction in relation to his residence the total cost of such construction not being more than Rs. 10 lakhs.
The Govt. of NCT of Delhi has notified the Delhi Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2002 on 10.1.2002
Responsibility & Liability of Employer:
The Act makes it mandatory for every employer to give notice of commencement of any building or other construction work at least 30 days before the commencement with complete details including nature of the work involved, number of workers likely to be employed, approximate duration of the work and the arrangement for the storage of the explosives to be used in the building or other construction work.
Every employer is required to get its Establishment registered within 60 days from its commencement or from the date on which this Act becomes applicable to such Establishments.
Employers are also responsible for payment of wages to each Building Worker employed by him providing weekly paid rest wages for overtime basic welfare amenities like creches, first aid, canteen etc, as provided under the Act and the rules framed there after.
Every employer is required to pay the Cess @ 1 % of the cost of construction to the Delhi Building & Other Construction Workers Welfare Board.
Labour Commissioner of Delhi Government has been notified as Chief Inspector of Inspections under this Act.
All Joint, Deputy, Assistant Labour Commissioners, Labour Officers and Inspecting Officers have been notified as Inspectors.
All Asstt, Labour Commissioners and Labour Officers have been appointed as Registering Officers for respective Districts.