The Meghalaya Building and Other Construction Workers Welfare Board Act, 2019 (Act No. 23 of 2019)

--- Section 1. Section 1.Short title, extent and commencement --- 1 (1) This Act may be called the Meghalaya Building and Other Construction Workers' Welfare Board Act,2019. (2)It extends to the whole State of Meghalaya. (3) It shall come into force on such date as the State Government may by notification, appoint. --- Section 2. Section 2.Definitions --- (1) In this Act, unless the context otherwise requires,- (a) "Act" means the Meghalaya Building and Other Construction Workers' Welfare Board Act, 2019; (b) "Board" means the Meghalaya Building and Other Construction Workers' Welfare Board established under Section 5; (c) "building or other construction work" means the construction, alteration, repairs, maintenance or demolition, of or , in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation drainage, embankment and navigation works. flood control works. (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, wireless. radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, ,watercourse, tunnels, transmissions towers and such other works as may be specified in this behalf by the appropriate Government, by notification but does not include any building or other construction work to which the provisions of the Factories Act, 1948 (63 of 1948), or the Mines Act, 1952 (35 of 1952), apply; (d) "building" worker means a person who is employed to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be expressed or implied, in .connection with any building or other construction work but does not include any such person- (i) Who is employed mainly In a managerial or administrative capacity; or (ii) Who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature; (e) "Chairman"means the Chairman of the Board; (f) "contractor" means a person who undertakes to produce a given result for any establishment, other than a mere supply of goods or articles of manufacture , by the employment of building workers or who supplies building workers for establishment; and includes a sub-contractor; (g) "employer", in relation to an establishment, means the owner thereof, and,- (i) in relation to a building or other construction work carried on by or under the authority of any department of the Government, directly without any contractor, the authority specified in this behalf, or where no authority is specified, the head of the department; (ii) In relation to a building or other construction work carried on by or on behalf of a local authority or other establishment, directly Without any contractor, the chief executive officer of that authority or establishment; (iii) In relation to a building or other construction work carried on by or through a contractor, or by employment of building workers supplied by a contractor, the contractor; (h) "establishment" means any establishment belonging to, or Under the control of, Government, anybody corporate or firm, an individual or association or other body of individuals which or who' employs building workers in any building or other construction work; and includes an establishment belonging to a contractor, but does not include an individual who employs such workers in any building or construction work in relation to his own residence the total cost of such construction not being more than rupees ten lakhs; (i) "Government" means the State Government of Meghalaya; j) "Fund" means the Meghalaya Building &. Other Construction Workers Welfare Fund constituted under Section 3 of this Act; (k) "member" means the member of the Board; (1) "notification" means a notification published in the Official Gazette; (m)"prescribed" means prescribed by rules; (n) "regulation" means the regulations made by the Board under the rules of this Act; , (o) "rules" means the rules made under this Act; --- Section 3. Section 3.State Advisory Committee --- (1) The Government shall constitute a committee to be called the State Building and Other Construction Workers' Advisory Committee ( hereinafter referred to as the State Advisory Committee) to advise the State Government on such matters arising out of the administration of this Act as may be referred to it. (2) The State Advisory Committee shall consist of- (a) A Chairperson to be appointed by the State Government~ (b) Two members of the State Legislature to be elected from the State Legislature-members; (c) A member to be nominated by the Central Govemment; (d) The Chief Inspector-member, ex-officio; (e) Such number of other member as, not exceeding eleven, but not less than seven, as the State Government may nominate to represent the employers, building workers, associations of architects, engineers, accident insurance institutions and any other interests which., in the opinion of the State Government, ought to be represented on the State Advisory Committee. (3) The number of persons to be appointed. as member from each of the categories specified in clause (e) of sub-section (2), the term of office and other conditions of service of, the procedure to be followed in the discharge of their functions by. and the manner of filling vacancies among the members of State Advisory Committee shall be such as may be prescribed: Provided that the number of members nominated to represent the building workers shall not be less than the number of members nominated to represent the employers. --- Section 4. Section 4.Expert Committees --- (1) The appropriate Government may constitute one or more expert committees consisting of persons specially qualified in building or other construction work for advising the Government for making rules under this Act. (2) The members of the expert committee shall be paid with such fees and allowances for attending the meetings of the committee as may be prescribed: Provided that no fee or allowances shall be payable to a member who is an officer of Government or of anybody corporate established by or under any law for the time being in force. --- Section 5. Section 5.Constitution of the Board. --- (1) The Government shall, by notification, for the purposes of this Act, establish a Board by the name of Meghalaya Building and Other Construction Workers' Welfare Board. (2) The Board shall be a body corporate having perpetual succession and a with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both common seal with power, subject to the provisions of this Act, to acquire. hold and dispose of property, both movable and immovable. and enter into contract and may. by the said name. sue and be sued. --- Section 6. Section 6.Members of the Board --- (1) The Board shall consist of-.- Official Members: (i) a Chairperson, who shall be appointed by the Government not below the rank. of Principal Secretary to the Government of Meghalays. Labour Department; (ii) a member to be nominated by the Central Government; (iii) not more. than five members representing the State Government of whom one shall be a representative of Finance Department, one shall be representative of Law Department and one shall be representative of Labour . Department as a Secretary and ex-officio. Non-Official Members: (iv) not more than five persons representing the building and other construction workers nominated by the State Government; (v) not more than five persons from among the employers/Union/Association of construction and other building workers nominated by the State Government; (vi) One member of the Board shall be a woman. (2) The members constituting the Board shall be notified in the Gazette. (3) The term of office of the members except the Chairman and ex-Officio members of the Board shall be such as may be prescribed from the date on which their names are notified under sub-section (2); (4) The allowances. if any, payable to the members of the Board other than the ex-Officio members and the number and conditions of nomination of the representatives of the employers and employees, shall be such as as may be prescribed. --- Section 7. Section 7.Disqualification for appointment as a member of the Board --- No person shall be nominated as, or continue to be, a member of the Board who- (a) is a salaried official of the Board; or (b) is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has suspended payment of his debts or has compounded with his creditors; or (c) is found to be of unsound mind; or (d) is, or has been convicted of any offence involving moral turpitude, unless such conviction has been set aside; or (e) is in arrears or any sum due to the Board. (2) The Government may remove from office any nominated member who is, or has become, subject to any of the disqualifications mentioned in sub-section (1) of Section 6; Provided that, before taking action under this sub-section, the member concerned, shall be given an opportunity to make his representation against the action proposed. --- Section 8. Section 8.Resignation of office by members and filling up of casual vacancies --- (1) A nominated member may resign his office by giving notice thereof in writing to the Government and on the resignation being accepted, he shall be deemed to have vacated his office as such. (2) A casual vacancy in the office of a nominated member shall be filled by nomination of another person from the concerned category and a member so nominated shall hold office for the unexpired portion of the term of the office of his predecessor. (3) No act or proceeding of the Board shall be invalid on the ground merely of the existence of any vacancy in, or any defect in the constitution of the Board. --- Section 9. Section 9.Secretary to the Board --- (1) The Secretary of the Board shall be its Chief Executive Officer. (2) The Secretary shall, with the approval of the Chairperson issue notice to convene meeting of the Board and keep the record or minutes and shall take necessary steps for carrying out the decisions of the Board. --- Section 10. Section 10.Appointment of Officers and staff of the Board --- (l) The Board may, with the prior concurrence of the State Government, appoint an officer of the Government not below the rank of a Labour Commissioner of the Labour Department as Secretary of the Board. (2) The Board shall, have powers to appoint such officers and staff as it thinks fit to carry out its functions under this Act to supervise and control the activities of any other person financed from the Fund. (3) Service Rules which defines all Service Conditions for the Board employees shall be framed. --- Section 11. Section 11.Meetings of the Board. --- (1) The Board shall ordinarily meet once in two months: Provided that the Chairperson shall within fifteen days of the receipt of a requisition in writing from not less than one ,third of the members of the Board, call a meeting there of. (2) Notice intimating the date, time and venue of every meeting together with a list of business to be transacted at the meeting shall be sent by registered post or by special messenger to each member fifteen days before the meeting: Provided that when the Chairperson calls a meeting for considering any matter which in his operation is urgent, notice of not less than three days shall be deemed sufficient. --- Section 12. Section 12.Appointment of Registering Officers --- The appropriate Government may. by order notified in the Official Gazette.- (a) Appoint such persons, being Gazetted Officers of Government, as it thinks fit, to be the registering officers for the purposes of this Act; and (b) Define the limits within which a registering officer shall exercise the powers conferred on him by or under this Act. --- Section 13. Section 13.Registrations of establishment officers --- 13.( I) Every employer/contractor shall,- (a) In relation to an establishment to which this Act applies on its commencement, within a period of 60 (sixty) days from such commencement; and (b) In relation to any other establishment to which this Act may be applicable at any time after such commencement, within a period of 60 (sixty) days from the date on which this Act becomes applicable to such establishment, make an application to the registering officer for the registration of such establishment: Provided that the registering officer may entertain any such application after the expiry of the periods aforesaid, if he is satisfied that the applicant was prevented by sufficient cause from making the application within such period. (2) Every application under sub-section (I) shall be in such form and shall contain such particulars and shall be accompanied by such fees as may be prescribed. (3) After the receipt of an application under sub-section(l), the registering officer shall register the establishment and issue a certificate of registration to the employer thereof in such form and within such time and subject to such conditions as may be prescribed. (4) Where, after the registration of an establishment under this section, any change occurs in the ownership or management or other prescribed particulars in respect of such establishment, the particulars regarding such change shall be intimated by the employer to the registering officer within 30 (thirty) days of such change in such form as may be prescribed. --- Section 14. Section 14.Manner of making application for registration and establishments --- ( 1) The application referred to in sub-section (1) of Section 13 shall be made in such form as may be prescribed to the Registering Officer of the areas appointed under Section 12 in which the building or other construction work is to be carried on by the establishment. (2) Every application referred to under sub-section (1) shall be accompanied by a Treasury Challan showing payment of the fees for the registration of the establishment. --- Section 15. Section 15.Grant of certification of registration --- (1) The Registering Officer, after receiving application under sub-section (1) of Section 14 shall register an establishment and issue a certificate of registration of the applicant within such days as may be prescribed: The certificate of registration to be granted by the Registering Officer shall be in such form as such as may be specified in the Rules. (2)The Registering Officer shall maintain a register in such form as may be prescribed showing the particulars of establishments in relation to which certificates of registration have been issued by him. (3) If, in relation to an establishment, any change occurs in the ownership or management or other particulars specified in the certificate of registration, the employer of the establishment shall intimate the Registering Officer within such days as may be prescribed, the date and particulars of such change, and the reasons thereof. --- Section 16. Section 16.Fees --- The fees to be paid for grant of a certificate of registration under Section 15 shall be as such as may be prescribed. --- Section 17. Section 17.Registration of building workers as beneficiaries --- Every building worker who has completed eighteen years of age but has not completed sixty years of age and who is not a member in any other welfare fund established under any law for the time being in force and who has completed 90 days of service as a building worker in the year immediately preceding shall be eligible for registration as a beneficiary under this Act. --- Section 18. Section 18.Power and duties of the Board to undertake welfare Schemes --- The Board may- (a) Provide immediate assistance to a beneficiary in case of accident; (h) Make payment of pension to the beneficiaries who have completed the age of sixty years; (c) Sanction loans for construction of a house not exceeding such amount and on such terms and conditions as may be prescribed; (d) Pay such amount in connection with premia for Group Insurance Scheme of the beneficiaries as it may deem fit; (e) Give such financial assistance for the education of children of the beneficiaries as may be prescribed; (f) Meet such medical expenses for treatment of major ailments of a beneficiary or, such dependant, as may be prescribed; (g) Make payment of matenity benefit to the female beneficiaries; and (h) Make provision and improvement of such other welfare measures and facilities as may be prescribed. (2) The Board may grant loan or subsidy to a local authority or an employer in aid of any scheme approved by the State Government for the purpose connected with the welfare of building workers in any establishment. (3) The Board may pay annually grants-in-aid to a local authority or to an employer who provides to the satisfaction of the Board welfare measures and facilities of the standard specified by the Board for the benefit of the building workers and the members of their family. However, that the amount payable as grants-in-aid to any local authority or employer shall not exceed- (a) The amount spent in providing welfare measures and facilities as determined by the State government or any person specified by it in this behalf, or (b) Such amount as may be prescribed whichever is less: Provided that no grants-in-aid shall be payable in respect of any such welfare measures and facilities where the amount spent thereon determined as aforesaid is less than the amount prescribed in this behalf. --- Section 19. Section 19.Power of Board to take up schemes. --- The Board, may, carry out new schemes as directed by the Government of India from time to time under relevant Sections of the Act. Further, the Board may take up new schemes within the ambit of the Act for the welfare of building and other construction workers. --- Section 20. Section 20.Constitution of Fund --- (1) The Board shall be constituted a fund to be called the Meghalaya Building & Other Construction Workers Welfare Fund and there shall be credited thereto- (a) Any grants and loan made to the Board by the Central Government; (b) All contributions made by the beneficiaries; (c) All sums received by the Board from such other sources as may be decided b the Central Government. (2) The Fund shall be applied for meeting- (a) Expenses of the Board in the discharge of its functions under Section 20 of this Act; (b) Salaries, allowances and other remuneration of the members, officers and other employees for the Board; (c) Expenses on objects and for purposes authorised by the Board. (3)The Board shall, in any financial year, incur expenses towards salaries, allowances and other remuneration to its members, officers and other employees and for meeting the other administrative expenses not exceeding five percent of its total expenses during that financial year. --- Section 21. Section 21.Benefits of the Fund --- Subject to the provisions of this Act, every building worker registered as a beneficiary under this Act shall be entitled to the benefits provided by the Board from its Fund under this Act. --- Section 22. Section 22.Contribution to the Fund --- (l) A beneficiary of the fund shall contribute to the fund at such rate as may be prescribed. This contribution shall be remitted in advance once in three months in any of the banks specified by the Board in the district in which the member resides. (2) If a beneficiary commits defaults in the payment of contribution continuously for period of one year, he shall cease to be a beneficiary of the Fund, However, with the permission of the Secretary or an officer authorized by him in this behalf, the membership may be resumed on repayment of arrears of contribution with a fine at such rates as may be prescribed subject to the condition that such resumption shall not be allowed more than twice. (3) If a beneficiary is unable to pay his contribution monthly due to any financial hardships, the Board, may, waive the payment of contribution for a period not exceeding three months at a time. --- Section 23. Section 23.Levy and collection of cess --- (1) There shall be levied and collected a cess for the purposes of this Act at such rate not exceeding two percent. but not less than one per cent. of the cost of construction incurred by an employer, as the Central Government, may, by notification in the Official Gazette, from time to time specify. (2) The cess levied under sub-section (1) shall be collected from every employer in such manner and at such time, including deduction at source in relation to a building or other construction work of a Government tor a public sector undertaking or advance collection through a local authority where an approval of such building or other construction work by such authority is required, as may be prescribed. (3) The proceeds of the cess collected under sub-section (2) shall be paid by the local authority or the State Government collecting the cess to the Board after deducting the cost of collection of such cess not exceeding one per cent of the amount collected. (4) Notwithstanding anything contained in sub-section (1) or sub-section (2), the cess leviable under this Act including payment of such cess in advance may, subject to final assessment to be made, be collected at a uniform rate or rates as may be prescribed on the basis of the quantum of the building or other construction work involved. --- Section 24. Section 24.Furnishing of returns --- (l) Every employer shall furnish return to such officer or authority, in such manner and at such time as may be prescribed. (2) If any person carrying on the building or other construction work, liable to pay the cess under Section 23, fails to furnish any return under sub-section (1), the officer or the authority shall give a notice requiring such person to furnish such return before such date as may be specified in the notice. --- Section 25. Section 25.Assessment of cess --- (1) The officer or authority to whom or to which the return has been furnished under Section 21 shall, after making or causing to be made such inquiry as he or it thinks fit and after satisfying himself or itself that the particulars stated in the return are correct, by order, assess the amount of cess payable by the employer. (2) If the return has not been furnished to the officer or authority under sub-section (2) of Section 24, he or it shall, after making or causing to be made such inquiry as he or it thinks fit, by order, assess the amount of cess payable by the employer. (3) An order of assessment made under sub-section (1) or sub-section (2) shall specify the date within which ,the cess shall be paid by the employer. (4) the condition that such resumption shall not be allowed more than twice. (5) If a beneficiary is unable to pay his contribution monthly due to any financial hardships, the Board, may, waive the payment of contribution for a period not exceeding three months at a time. --- Section 26. Section 26.power of exempt --- Notwithstanding anything contained In this Act, the Government may, by notification in the Official Gazette, exempt any employer or class of employers in a State from the payment of cess payable under this Act where such cess is already levied and payable under any corresponding law in force in the State. --- Section 27. Section 27.Interest payment on delay in payment of cess --- If any employer fails to pay any amount of cess payable under Section 23 within the time specified in the order of assessment, such employer shall be liable to pay interest on the amount to be paid at the rate of two per cent. for every month or part of a month comprised in the period from the date on which such payment is due till such amount is actually paid. --- Section 28. Section 28.Power of Board to borrow --- Subject to the other provisions of this Act, the Board may, from time to time with the previous sanction of the Government, and subject to such conditions as may be specified by the Government in this behalf, borrow any sum required for the purposes of this Act. --- Section 29. Section 29.Budget --- The Board shall prepare, in such fonn and at such time each financial year, as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Board and forward the same to the State Government and the Central Government. --- Section 30. Section 30.Annual Report --- The Board shall prepare, in such form and at such time each financial year as may be prescribed, its annual report, giving full account of its activities during the previous financial year, and submit a copy thereof to the State Government and the Central government. --- Section 31. Section 31.Accounts and Audit --- (1) The Board shall cause to be maintained proper books of accounts and such other records as rules may require and shall prepare in accordance with the rules a statement of accounts for each financial year. (2) The accounts of the Board shall be audited once a year by authorised auditors. (3) As soon as the account of the Board have been audited, the Board shall send a copy thereof together with a copy of the report of the auditors to the Government and shall cause the accounts to be published in the official Gazette as may be prescribed. (4) The Board shall comply with such directions as the Government, may, after perusal of the report of the auditor, think fit to issue. --- Section 32. Section 32.Concurrent and and special Audit Accounts --- (1) Notwithstanding anything contained in Section 31, the Government may order that there shall be a concurrent audit of the accounts of the Board by such person as it thinks fit. The Government may also direct a special audit of the accounts of the Board relating to any particular transaction or a class of series of transaction or to a particular period. (2) When an order is made under sub-section( 1), the Board shall present or cause to be presented for audit such accounts and shall furnish to the person appointed under sub-section( 1) such information as the said person may require for the purpose of audit. --- Section 33. Section 33.Investment of Funds --- All moneys belonging to the fund may be invested in the Nationalised Banks or as such as may be prescribed. --- Section 34. Section 34.Utilization of Fund --- The fund shall not, without the previous approval of Government, be expended for any purpose other than those mentioned in the Act and Rules. --- Section 35. Section 35.Expenditure from the Fund --- (1) All expenses for the administration of the fund, fees and allowances of the Members of the Board, Salaries, Leave. Salaries, Joining time pay, Travelling allowance, Compensatory Allowances, Charger allowance, Pension contribution and other benefits or personnel expenses, for the legitimate needs of the Board and the stationery expenses shall be met from the Administrative Account of the Fund and it shall not exceed five per cent. of its total expenses during that financial year. (2) The amounts incurred by the State Government for the administration of the Fund shall be treated as a loan which shall be repaid from the Administration Account --- Section 36. Section 36.Administrative and Financial Power of the Secretary --- (1) The Secretary of the Board may, without reference to the Board, sanction expenditure and contingencies supply services, purchase of articles and refund for administering the fund, subject to the amount as may be prescribed, to which, he may be authorized to sanction expenditure on any single item from time to time as may be specified under the Rule. (2) The Secretary may also exercise such other administration and financial powers other than those specified in sub-rule (1) above, as may be delegated to him, from time to time as may be specified under the Rule. (3) The Board may, from time to time delegated, subject to such conditions as specified under the Rule, administrative and financial powers to any other officer under its control and supervision to the extent considered necessary for its efficient functioning. --- Section 37. Section 37.Officers and employees of the Board to be public servant --- All officers and employees of the Board shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860. --- Section 38. Section 38.Protection of action taken in good faith. --- (1) No suit. prosecution or other legal proceedings shall lie against any person for anything which is in good faith, done or intended to be done in pursuance of this Act or any Rules or Order made there under. (2) No suit or other legal proceedings shall lie against the Government or the Board for any damage caused or likely to be caused by anything which is, in good faith, done or intended to be done in pursuance of this Act or any Rules or Order made there under. --- Section 39. Section 39.Power of Board to make rules --- (1) The Government may, by notification, make rules to carry out all or any of the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such Rules be made for all or any of the following matters, namely:- (a) The allowances to the members of the Board other than the ex-officio members and the number and conditions of nomination of the representatives of the employers and employees under sub-section (4) of Section 6 of this Act; (b) Disqualification for appointment as a member of the Board under Section 7 of this Act; (c) Appointment of Officers and staff of the Board under Section 10 of this Act; (d) Investment of Funds wlder Section 33 of this Act; (e) Utilization of Fund under Section 34 of this Act; (f) expenses for the administration of the fund, fees and allowances of the Directors of the Board, Salaries, Leave Salaries, Joining time pay, Travelling allowance, Compensatory Allowances, Charger allowance, Pension contribution and other benefits or personnel. expenses, for the legitimate needs of the Board and the stationery expenses under Section 35 of this Act; (g) the procedure to be followed at the 'meetings of the Board and the manner in which the Board shall conduct its business; (h) the conditions of service for the officers and staffs appointed by the Board under this Act; (i) the powers and duties of the Secretary of the Board; j) the registers and records to be maintained by the Board or its officers and staffs under this Act including register to be kept separately for accounts; (k) the publication of the report of the activities of bodies financed from the Fund, together with a statement of receipts and expenditure of the Fund with statement of accounts; (I) any other matter which is required to be, or may be, prescribed. --- Section 40. Section 40.Power of the Board to alter/amend schemes --- The Board may, with the approval of the Government, may, make any ·alteration or amendment in any scheme for the welfare of the building workers. --- Section 41. Section 41.Power to make regulations --- (1) The Board, may, by notification, make regulations, not inconsistent with this Act and Rules, for the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for:- a) All matters expressly required or allowed by this Act or. Rules, to be made by regulations; (b) The terms and the conditions of appointment and service and the scales of pay of officers and staff of the Board, including the payment of travelling and daily allowances in respect of journeys undertaken by such officers and staffs of the Board. (c) The procedure in regard to the transaction of business at the meeting of the Board including the quorum; (d) The supervision and control over the acts and proceedings of the officers and staffs of the Board and the maintenance of discipline and conduct among the officers and staffs of the Board; (e) The purpose for which and the manner m which temporary association of persons may be made; (f) The duties, the functions, the terms and conditions of service of the members of the Committees; (g) The manner and the form relating to the maintenance of the accounts of the Board. (3) No regulation or its cancellation or modification shall have effect until the same has been approved by the Government. (4) The Government may, by notification, rescind any regulation made under this section and, thereupon, the regulation shall cease to have effect. --- Section 42. Section 42.Saving of certain laws. --- Nothing contained in this Act shall effect the operation of any corresponding law in a State providing welfare schemes which are more beneficial to the building and other construction workers than those provided for them by or under this Act. --- Section 43. Section 43.Repeal and Savings --- (1) The Meghalaya Building ,and Other Construction Workers' Welfare Board Ordinance, 2019 (Meghalaya Ordinance No.1 of 20 19) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.