Lok Sabha Question No. 1325 (UNSTARRED), answered on 2019-02-11
Subject: Social Security Schemes for Construction Workers
Ministry: LABOUR AND EMPLOYMENT
Asked by: VIJAYSINH MOHITE PATIL, HEENA VIJAYKUMAR GAVIT, SUPRIYA SADANAND SULE, RAJEEV SHANKARRAO SATAV, DHANANJAY BHIMRAO MAHADIK, JAYAKUMAR JAYAVARDHAN

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

UNSTARRED QUESTION NO. 1325 TO BE ANSWERED ON 11.02.2019

## SOCIAL SECURITY SCHEMES FOR CONSTRUCTION WORKERS

1325. DR. HEENA VIJAYKUMAR GAVIT:

SHRI MOHITE PATIL VIJAYSINH SHANKARRAO:

SHRIMATI SUPRIYA SULE:

SHRI SATAV RAJEEV:

SHRI DHANANJAY MAHADIK:

DR. J. JAYAVARDHAN:

Will  the  Minister  of  LABOUR  AND  EMPLOYMENT  be  pleased  to state:

- (a)the  number  of  construction  workers  in  the  country  at  present, State/UT-wise;
- (b)whether  deaths  at  construction  sites  are  reportedly  increasing  in the country;
- (c)if so, the details thereof during the last three years and the current year, State/ UT-wise;
- (d)the  details  of  guidelines  issued  to  private  and  public  construction majors  on  the  safety  and  security  of  construction  labourers  at
- construction sites;
- (e)the various social security schemes being implemented for construction labourers in the country;
- (f)the  total  amount/funds  collected  by  the  Government  under  the Worker's Welfare Cess in the country and the amount utilized for the welfare  of  construction  workers  therefrom  during  the  said  period, State/UT-wise; and
- (g)the  other  steps  taken/proposed  to  be  taken  by  the  Government  to ensure  better  and  proper  utilization  of  such  funds  as  well  as  for overall  welfare  and  development  of  construction  workers  in  the country?

## ANSWER

MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI SANTOSH KUMAR GANGWAR)

(a): The  State-wise  number  of  building  or  other  construction workers,  registered  with  the  State  Building  and  Other  Construction Workers' Welfare Boards under Section 12 of the Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act, 1996 is given at Annexure-I.

- (b) to (d): The  State-wise  data  in  this  regard  in  respect  of  the establishments  in  the  Central  Sphere  is  at  Annexure-  II.  The  major causes for the accidents at the construction site have been found to be  road  accidents,  falling  from  the  height  and  electrocution.      The BOCW  (RECS)  Act  and  the rules framed thereunder lay  down exhaustive safety provisions and use of safety gears for protection of BOC workers. Under rule 210 of the Building and Other Construction Workers  (RE  &  CS)  Central  Rules  1998,  it  is  mandatory  for  the establishments  to  send  report  of  any  accident  on  the  construction site  to  the  Regional  Labour  Commissioner  (Central),  the  Board  with which the BOC worker involved in the accident was registered, the Director General, the next of kin/relative of the worker, the officer incharge  of  the  nearest  police  station  and  the  District  Magistrate.  In case  of  occurrence  of  any  accident  at  the  construction  site,  a detailed enquiry under rule 211 of the BOCW (RE&CS) Central Rules is conducted and the enquiry report is submitted by the enquiry officer before the Director General (Inspection). If it is found by the enquiry officer  during  the  enquiry  that  there  was  negligence/lack  of  safety measures as prescribed under the BOCW  (RE&CS) Act, 1996 prosecution is proposed against the defaulter employer.

Offices  of  the  Chief  Labour  Commissioner(Central)  are regularly conducting inspections under Building and Other Construction  Workers  (Regulation  of  Employment&  Conditions  of Services)  Act,  1996  in  the  establishments  falling  under  the  Central Sphere for ensuring compliance of the Building and Other Construction  Workers  (Regulation  of  Employment&  Conditions  of Services) Act 1996. Inspections in the State sphere are conducted by the State enforcement agencies.

- (e): Section  22  of  the  Act  provides  for  following  welfare measures for BOC workers:
- i. provide  immediate  assistance  to  a  beneficiary  in  case  of accident;
- ii. make  payment  of  pension  to  the  beneficiaries  who  have completed the age of sixty years;

- iii. sanction loans and advances to a beneficiary for construction of a houses not exceeding such amount and on such terms and conditions as may be prescribed;
- iv. pay such amount in connection with premia for Group Insurance Scheme of the beneficiaries as it may deem fit;
- v. give such financial assistance for the education of children of the beneficiaries as may be prescribed;
- vi. meet such medical expenses for treatment of major ailments of a beneficiary or, such dependent, as may be prescribed;
5. make payment of maternity benefit to the female beneficiaries;
- vii. and
- viii. make  provisions  and  improvement  of  such  other  welfare measures  and facilities as may be prescribed.

The State Building and Other Construction Workers Welfare Boards of  the  States  have  formulated  welfare  schemes  for  BOC  workers based on the above.

- (f): The State/UT-wise details of  cess fund under the Building and  Other  Construction  Workers'  Welfare  Cess  Act,  1996  and  the Building  and  Other  Construction  Workers  (RECS)  Act,  1996  is  at Annexure-III.
- (g): The Central Government has been issuing directions under Section  60  of  the  Building  and  Other  Construction  Workers  (RECS) Act, 1996, to the State Governments/UT Administrations from time to time for proper utilization of cess fund in terms of the provisions of the Act.

Further, the Central Government has constituted a Monitoring  Committee  on  09.09.2015  under  the  Chairmanship  of Secretary (Labour and Employment) to monitor the implementation of directions  issued  under  Section  60  of  the  Act,  specifically  with reference to utilization of Cess fund for Welfare Schemes by the State Building and  Other Construction Workers' Welfare Boards. The Committee  has  been  holding  regular  meetings  with  the  Principal Secretary/  Secretary/Labour  Commissioners  of  all  the  States/UTs  to monitor the progress made towards the implementation of the Act.

***                                                    ******

Annexure  referred  in  reply  to  part  (a)  of  Lok  Sabha  Un-Starred  Question  No.  1325    for 11.02.2019  regarding social  security  schemes  for  construction  workers  by  Dr.  Heena  Vijay Kumar Gavit and others.

State-wise  details  of  number  of  building  workers  registered  with the  States  Building  and  Other  Construction  Workers  Welfare Boards up to 30.09.2018 (provisional):

| Sl. No.   | Name of the States/UTs   | No. of building workers registered with the Board   |
|-----------|--------------------------|-----------------------------------------------------|
| 1         | Andhra Pradesh           | 18,15,889                                           |
| 2         | Arunachal Pradesh        | 30,841                                              |
| 3         | Assam                    | 1,43,574                                            |
| 4         | Bihar                    | 8,28,451                                            |
| 5         | Chhattisgarh             | 15,74,790                                           |
| 6         | Goa                      | 3,738                                               |
| 7         | Gujarat                  | 6,54,550                                            |
| 8         | Haryana                  | 7,63,373                                            |
| 9         | Himachal Pradesh         | 1,47,932                                            |
| 10        | J&K                      | 3,42,295                                            |
| 11        | Jharkhand                | 7,96,146                                            |
| 12        | Karnataka                | 15,42,432                                           |
| 13        | Kerala                   | 14,91,300                                           |
| 14        | Madhya Pradesh           | 29,96,227                                           |
| 15        | Maharashtra              | 9,89,018                                            |
| 16        | Manipur                  | 1,18,332                                            |
| 17        | Meghalaya                | 24,032                                              |
| 18        | Mizoram                  | 21,865                                              |
| 19        | Nagaland                 | 11,912                                              |
| 20        | Odisha                   | 22,34,569                                           |
| 21        | Punjab                   | 7,46,102                                            |
| 22        | Rajasthan                | 20,49,258                                           |
| 23        | Sikkim                   | 36,236                                              |
| 24        | Tamil Nadu               | 28,53,544                                           |
| 25        | Telangana                | 11,75,531                                           |
| 26        | Tripura                  | 99,762                                              |
| 27        | Uttar Pradesh            | 42,08,744                                           |
| 28        | Uttarakhand              | 2,32,627                                            |
| 29        | West Bengal              | 31,01,362                                           |
| 30        | Delhi                    | 5,39,421                                            |
| 31        | A &NIsland               | 14,392                                              |
| 32        | Chandigarh               | 19,813                                              |
| 33        | Dadra &Nagar Haveli      | 2,176                                               |
| 34        | Daman and Diu            | 5,149                                               |
| 35        | Lakshadweep              | 179                                                 |
| 36        | Puducherry               | 41,224                                              |
|           | Total                    | 3,16,56,786                                         |

## Annexure -II

Annexure referred in reply to parts (b) to (d) of Lok Sabha Un-Starred Question No. 1325  for 11.02.2019  regarding social  security  schemes  for  construction  workers  by  Dr.  Heena  Vijay Kumar Gavit and others.

## State-wise details of number of workers died at construction sites in the Central sphere

| Sl. No                  | State   | 2016 2017                 | 2018                 | 2019                     |
|-------------------------|---------|---------------------------|----------------------|--------------------------|
| Sl. No                  | State   | Workers Died Workers Died | Workers Died         | Workers Died (till date) |
| 1 Karnataka             | 4       | 1                         | 2 data not available |                          |
| 2 Gujarat               | 17      | 1                         | 4                    |                          |
| 3 Haryana Punjab J&K HP | 3       | 0                         | 0                    |                          |
| 4 Uttar Pradesh         | 3       | 0                         | 0                    |                          |
| 5 Andhra Pradesh        | 0       | 0                         | 0                    |                          |
| 6 Kerala                | 11      | 1                         | 0                    |                          |
| 7 Rajasthan             | 3       | 0                         | 0                    |                          |
| 8 Tamil Nadu            | 0       | 0                         | 0                    |                          |
| 9 Bihar                 | 0       | 1                         | 0                    |                          |
| 10 West Bengal          | 0       | 1                         | 0                    |                          |
| 11 Maharashtra          | 6       | 3                         | 2                    |                          |
| 12 Madhya Pradesh       | 2       | 1                         | 2                    |                          |
| 13 New Delhi            | 6       | 0                         | 0                    |                          |
| 14 Assam                | 2       | 0                         | 1                    |                          |
| 15 Orissa               | 1       | 0                         | 0                    |                          |
| 16 Jharkhand            | 0       | 0                         | 0                    |                          |
| 17 Chhattisgarh         | 0       | 0                         | 1                    |                          |
| TOTAL                   | TOTAL   | 58 9                      | 12                   |                          |

Annexure  referred  in  reply  to  part  (f)  of  Lok  Sabha  Un-Starred  Question  No.  1325    for 11.02.2019  regarding social  security  schemes  for  construction  workers  by  Dr.  Heena  Vijay Kumar Gavit and others.

## State-wise position of Cess Collected and Amount Spent under the Building and Other Construction Workers Acts, 1996   upto 30.09.2018 (Provisional)

Amount  spent

| Sl. No.   | Name of the States/UTs   |   Amount of cess collected (Rs. in Crore) |   Amount spent (Rs. in Crore) |
|-----------|--------------------------|-------------------------------------------|-------------------------------|
| 1         | Andhra Pradesh           |                                   2374.71 |                      519.17   |
| 2         | Arunachal Pradesh        |                                    120.36 |                      115.16   |
| 3         | Assam                    |                                    857.29 |                      184.79   |
| 4         | Bihar                    |                                   1181.86 |                      147.68   |
| 5         | Chhattisgarh             |                                   1035.85 |                      885.12   |
| 6         | Goa                      |                                    147.46 |                        1.22   |
| 7         | Gujarat                  |                                   2097.62 |                      197.19   |
| 8         | Haryana                  |                                   2253.98 |                      425.24   |
| 9         | Himachal Pradesh         |                                    415.13 |                       96.33   |
| 10        | J&K                      |                                    711.53 |                      301.97   |
| 11        | Jharkhand                |                                    444.91 |                      236.81   |
| 12        | Karnataka                |                                   5071.04 |                     4519.52   |
| 13        | Kerala                   |                                   1654.38 |                     1886.63   |
| 14        | Madhya Pradesh           |                                   2513.31 |                     1300.45   |
| 15        | Maharashtra              |                                   6462.23 |                      402.57   |
| 16        | Manipur                  |                                     89.19 |                       74.35   |
| 17        | Meghalaya                |                                    131.79 |                        3.38   |
| 18        | Mizoram                  |                                     40.37 |                       21.95   |
| 19        | Nagaland                 |                                     42.8  |                       13.17   |
| 20        | Odisha                   |                                   1403.82 |                      816.91   |
| 21        | Punjab                   |                                   1191.94 |                      628.37   |
| 22        | Rajasthan                |                                   2057.25 |                     1162.88   |
| 23        | Sikkim                   |                                    100.21 |                       29.27   |
| 24        | Tamil Nadu               |                                   2517.32 |                      787.04   |
| 25        | Telangana                |                                   1210.12 |                      262.92   |
| 26        | Tripura                  |                                    170.72 |                       22.618  |
| 27        | Uttar Pradesh            |                                   3895.14 |                     1050.9    |
| 28        | Uttarakhand              |                                    251.11 |                       68.39   |
| 29        | West Bengal              |                                   2138.53 |                      956.75   |
| 30        | Delhi                    |                                   2547.94 |                      393.66   |
| 31        | A &NIsland               |                                     55.28 |                        8.13   |
| 32        | Chandigarh               |                                    113.73 |                        6.56   |
| 33        | Dadra &Nagar Haveli      |                                     29.61 |                        0.0044 |
| 34        | Daman and Diu            |                                     37.17 |                        0.57   |
| 35        | Lakshadweep              |                                      7.24 |                        0      |
| 36        | Puducherry               |                                    100.16 |                       63.92   |
|           | Total                    |                                  45473.1  |                    17591.6    |

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