The Goa Building and Other Construction Workers (Regulation of Employment and Conditions of Service) (Amendment) Rules, 2018

Department of Labour
Notification
24/24/2010-LAB/657

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 (Central Act 27 of 1996) and after consultation with the Expert Committee constituted vide Notification No. 24/24/2010Lab/530 dated 02-08-2013, the Government of Goa hereby makes the following rules so as to amend the Goa Building and Other Construction Workers (Regulation of Employment and Condition of Service) Rules, 2008 (hereinreferred as the “Principal Rules”) namely:—

1. Short title and commencement.— (1) These rules may be called the Goa Building and Other Construction Workers (Regulation of Employment and Conditions of Service) (Amendment) Rules, 2018.
(2) They shall come into force at once.
2. Amendment of Rule 272 – (Contribution to the Fund).— In Rule 272 of the “principal rules” for the words “twenty rupees per mensem” the words “Ten rupees per mensem” shall be substituted. The entire content of Rule 272 (2) remains the same.
3. Amendment of Rule 276.— (Maternity Benefit).— In rule 276 of the (First Amendment) Rules, 2015 for the expression “Rs. 2000”, the expression “Rs. 10,000” shall be substituted.
4. Amendment of Rule 277 – (Eligibility for pension).— In rule 277 of the “principal rules” the entire contents may be read as follows:- 

A member of the Fund who has been working as a building workers for not less than one year after the commencement of these rules shall on completion of 55 years of age for men and 50 years of age for women be eligible for pension. The pension will become payable from the first day of the succeeding month to the month in which he completes of 55 years of age for men and 50 years of age for women.

5. Amendment of rule 278(5) (Procedure for payment of pension).— In rule 278 of the (First Amendment) Rules, 2015 the entire contents of clause (5) may be read as follows:

The amount of pension shall be One thousand rupees, per mensem. An increase of twenty five rupees shall be given for every completed year of service beyond two years.

The Board may, with the previous approval of the Government revise the pension. The beneficiary however shall not be entitled to the benefits under any identical schemes introduced by the Government with the exception of the benefits admissible under the statutes in force.

6. Amendment of rule 279 (Grant for purchase or construction of house).— In Rule 279 of the (First Amendment) Rules, 2015, the title shall be read as: “Grant for Repair and interest rebate for construction of new House” and the entire contents should be read as follows:

The Board may on application made by a member, in Form XXIX sanction/grant an amount of rupees one lakh for repairs of existing house and an amount upto rupees five lakh towards the interest rebate on loans sanctioned to the beneficiary by banks, financial institutions etc. for construction of new house or reconstruction of an existing ancestral house. The interest paid to the Bank/financial institutions will be reimbursed to the beneficiary over a period of his repayment of Housing loan. The amount reimbursed would depend on the certificate issued by the bank annually subject to maximum total of five lakhs. Upon the death of the beneficiary pending repayment of loan, the spouse or dependent or legal heirs of the beneficiary shall be entitled to reimbursement of the interest payable on under the scheme. The member shall produce along with the application such documents as may be specified by the Board.

7. Insertion of rule 279 (2) and (3) (Grant for purchase or construction of house).— In rule 279 of the (First Amendment) Rules, 2015, the following sub-rule shall be inserted:

No grant under sub-rule (1) shall be sanctioned to those who do not have less than 3 years of service and having fifteen years service as superannuation. A sanctioning committee comprising:

1) Under Secretary (Labour).
2) Commissioner, Labour & Employment & the Secretary of the Board.
3) Representative of CREDAI.
4) Representative of worker.
shall decide and scrutinize the documentation for the scheme.

(3) A completion certificate shall be submitted to the Secretary of the Board within six months from the date of sanction of grant.”

8. Amendment of rule 280 (Disability pension).— In rule 280 of the principal rules, the entire contents of clause (1) shall be read as follows:

“Subject to the  certification by competent medical authority in Government hospital the Board may sanction an amount of Rs. 2,000/- per month for partial disability and Rs. 5,000/- per month for total disability to the beneficiary who is disable due to paralysis, leprosy, TB, accident, etc. this benefit is over and above the benefit that may be accrued under Employees Compensation Act, 1923. In addition to the pension he will be eligible for one time exgratia payment of not more than one lakh rupees depending upon the percentage of disability and subject to such conditions as may be fixed by the Board.”

9. Amendment of Rule 281 (Loan for the purchase of tools).— In rule 281 of the principal rules, for the words “Loan for” in the title shall be substituted by the words “Grant for” Further, the entire contents shall be replaced by the following para:

“An amount of five thousand rupees will be sanctioned as grant to the members of the Fund, for the purchase of tools. Those who have completed three months membership in the Fund and those who remit contribution regularly will be eligible for this grant. An application in Form No. XL shall be made for this grant with such other documents as may be specified by the Board.”

10. Amendment of rule 282 – (Payment  of Funeral Assistance).— In Rule 282 of the principal rules for the words “five thousand Rupees” the words “ten thousand rupees” shall be substituted.

11. Amendment of rule 283 – (Payment of Death Benefit).— In Rule 283 of the principal rules for the words “thirty thousand rupees” the words “fifty thousand rupees” and for the words “one lakh rupees” the words “two lakh rupees” shall be substituted.

12. Amendment of Rule 285 (Medical Assistance to beneficiaries).— In Rule 285 of the principal rules for the words “four hundred Rupees”, the words “one thousand rupees”, for the words “forty rupees” the words “one hundred fifty rupees”, for the words “two thousand rupees” the words “five thousand rupees” and for the words “five thousand rupees” the words “fifteen thousand rupees” shall be substituted.

13. Amendment of Rule 287 (Financial assistance for Marriage).— In rule 287 of the principal rules the entire content shall be replaced by the following para:

“The building workers having continuous membership for three months shall be eligible to get financial assistance of ten thousand rupees for the marriage of their children. A male/female member of this Fund is also eligible for this assistance for his/her own marriage. This assistance shall be sanctioned for the marriage of two children of the beneficiary. An application in Form No. XLIV shall be submitted alongwith such other documents as may be specified by the Board.”
14. Amendment of rule 288 (Family pension).— In rule 288 of the principal rules for the words “two hundred rupees”, the words  “five hundred rupees” only shall be substituted.

15. Insertion of new Rule 288 (B) (Treatment of mentally challenged and spastic children of building worker).— In Rule 288, Rule No. 288 (B) may be inserted for giving benefit to workers. The detailed scheme is as Annexure I.

16. Amendment of Rule 290 (2) – (Refund of the contribution of deceased member).— In Rule 290 (2) principal rules for the words “one year” words “three months” shall be substituted. And after the word “fund” the words “subject to having an Aadhar Card” shall be inserted.

17. Insertion of new Rule 297 (3) – (Expenditure from the Fund).— Salaries, allowance and other remuneration of the members and other employees of the Board shall be based on recommendations of pay commission as adopted and made applicable by the Government to its employees from time to time provided no 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 exceeding five per cent of its total expenses during that financial year.

18. Insertion of new Rule 288 (C) (Menstrual Hygiene Scheme).— Every building female worker and their daughters studying from class VII (seventh) onwards will use eco-friendly sanitary pads and dispose their used pads in an eco friendly way. This will benefit the health and hygiene of every woman. This facility will bring enormous mental relief/confidence in the minds of both the workers and children and bring down absenteeism in schools/colleges and workplace. Women are prone to reproductive track diseases, and this problem will be addressed through hygienic means. The Board or its authorized sub-committee may formulate a com-prehensive scheme envisaging all factors such as eligibility, quantum of benefits, mode of giving the benefit and also appealing title to the scheme so as to make it beneficiary friendly.
19. Insertion of new Rule 288 (d) (Mobile Health Dispensary Scheme).— Building workers are exposed to occupational hazards at the construction sites on account of nature of the work. Apart from the same the building workers are also required to undergo primary treatment for minor ailment such as cold, fever, de-hydration, muscle cramps etc., which requires prompt medical aid. Sickness of the building workers does not result only in loss of wages but also hampers smooth working resulting in loss in production. To effectively manage such situation and to provide medical aid at work sites, mobile dispensaries shall be provided. Modalities of vehicle, equipments and staff shall be finalized by Board or by the subcommittee appointed by the Board. The Board or sub-committee shall have option to run the above mentioned scheme by outsourcing the work to a competent agency.

20. Insertion of new Rule 288(e) (Setting up Women Hostel Scheme).— Some of the female building workers are required to work late night with no accommodation at work site nor any transport facilities available to return home. Under the circumstances women hostels becomes the only solace to the suffering female workers. The Board therefore, shall set-up women hostels by acquiring the land at the different locations as the case may be. Parameters of women hostels such as capacity and other facilities shall be decided by the Board or its authorized sub-committee. The Board may also set up women hostels in premises acquired on rental basis depending up-on needs and circumstances.

21. Insertion of new Rule 288(f) Mobile Toilet Scheme.— The Board may provide for mobile toilet with incinerating facilities on payment of nominal charges by contractor or free as per the case may be. Mobile toilets provided by the Board shall be as per the standard specification laid down by the competent authorities in case of pressing needs and circumstances the work of mobile
toilets may be out-sourced for specified period.

22. Amendment in Form –XXIX (Application for HBA).— In Form XXIX for the word “HBA” in the title the words “Grant for repair and interest rebate for construction of new House” shall be substituted and for the word “advance” the word “grant” and for the word “HBA” in point No. 9 the words “construction of house” shall be substituted. The entire contents of “mortgage deed” and “stage certificate for release of second installment of advance sanctioned by the Goa Building and Other Construction Workers Welfare Board under Housing Loan scheme” shall be deleted. The contents of Form XXIX shall be read as enclosed as Annexure II.

23. Amendment in Form–XL (Application for Instrument Loan).— In Form XL for the words “Application for Instrument Loan” the words “Application for grant for purchase of tools” shall be substituted. For the word “Loan” the word “grant” shall be substituted. The entire contents of point No. 9, 12 (b) shall be deleted. The words “Surety 1. Name & Signature” in Declaration shall be deleted. 

The contents of “for office use only” shall be replaced as “The application submitted by Shri___________ employed as________ in __________ has been verified. The certificate of employment in respect of the borrower has been attached. An amount of Rs. _________ (Rupees________) may be sanctioned.” The entire contents of “undertaking for recovery from pay” shall be deleted.

Further, the entire contents of Form XL shall be read as enclosed as Annexure III.
By order and in the name of the Governor of Goa.

A. S. Mahatme, Under Secretary (Labour).
Porvorim, 28th September, 2018.

ANNEXURE I 

Treatment of mentally challenged and spastic children of Building worker 

1) Object: The scheme contemplates to provide medical/monetary relief to the children of the Building worker covered under the Goa Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. The Assistance shall be to look after the child who is mentally challenged and suffering from spasticity fully dependent upon the parents/guardians for all day to day activities for which a normal child of that age does not need such assistance.

2) Eligibility: A construction worker who has put shall be entitled to the benefit on the basis of self certificate and/or the Assistant Labour Commissioner, of the concerned area or the Sarpanch of the respective village panchayat or Registered Trade Union. 

3) Subsistence Allowance: The child of the mentally challenged worker shall be paid a Subsistence Allowance @ Rs. 5000/- per month.

4) Submission of claim: For the claiming the subsistence allowance and application will be forwarded in the prescribed Form ‘A’ (enclosed) to the Secretary either by self certificate and/or the Assistant Labour Commissioner, of the concerned area or the sarpanch of the respective village panchayat or Registered Trade Union. The Certificate issued by the Medical Board of GMC in case of physically challenged and by IPHB in case if mentally challenged shall be the basis for claiming benefits under this scheme. Mentally challenged child will be eligible to secure the benefit even after the death of his parents/ construction worker provided their guardian submit certificate from the medical officer of the recognize hospital until the child's death. FORM – XLVII Form Application for Claiming Re-Imbursement of Expenditure of the Treatment of Mentally Challenged Child/Child Suffering from Spasticity To, The Secretary, Goa Building and Other Construction Workers Welfare Board Sir, I hereby apply for subsistence allowance for treatment of my son/daughter who is undergoing treatment for __________________ (mention the name of the hospital where the treatment has been taken.) 

1) Name of the applicant in full (in block letters) 

2) Full address of the applicant

3) Name of the Patient

4) Date of Birth and Age of the child/dependent (supported by Birth certificate)

5) Age and relationship with the worker/applicant. 

6) Full address of the Hospital where the dependent is undergoing the treatment

7) Amount claimed as subsistence allowance showing the duration of the  claim. I, hereby declare that the particulars furnished above are correct to the best of my knowledge and belief. If any of the particulars is found to be incorrect, I realize that I will be liable for suitable action apart from refund of financial assistance received by me.

Signature of the Applicant or Thumb impression (name in block letters)
Place: Date:

CERTIFICATE OF THE MEDICAL OFFICE OF THE RECOGNISED MENTAL HOSPITAL Certified that Kum. ____________________ son/daughter of Shri./Smt. __________________ who is employed as _______________________ in the establishment of __________________ has been examined in this Hospital and has been diagnosed as a case of Mental Retardation/Spasticity and does/does not need active treatment. Seal of the Medical Superintendent of the Institute of Psychiatry and Human Behaviour, Bambolim in case of mentally retarded child and of orthopedic surgeon/physician of Asilo Hospital Mapusa, Hospicio, Margao and Goa Medical College in case of Spasticity.

CERTIFICATE FROM THE REGISTERED WORKERS UNION I, the undersigned do hereby certify that Shri/Smt. _________________ is working as a construction worker and performs the work a _______________ since last ______________ months/years.
This certificate is issued in order to certify that the above mentioned person as a building construction worker and for availing the benefits available under the Goa Building and Other Construction Workers Welfare Board.
(Seal) __________________________________________ (Signature, Name and address of Union Leader)

SELF CERTIFICATE

Certified that Shri/Smt. _________________ having beneficiary registration No._____________ has worked for 90 days in building and other construction activities in the preceding twelve months in Goa.
Place: __________________________ Date: (signature of the applicant) ________

ANNEXURE II

 FORM-XXIX

[See rule 279(1)] 

Application No. Fees Rs. Application for Grant for Repair and Interest Rebate for Construction of New House 1. 

(a) Name of the applicant: 

(b) Permanent address: 

(c) Present address: 

2. Date of Birth: 

3. Date of retirement 

4. 

(a) Registration No.: 

(b) Date of registration:

(c) Date of remittance:

(d) Date of first remittance:

(e) Date of last remittance:

(f) Total amount remitter:

(g) whether the membership has ever been revived, if so, details:

(h) Details of revival: 

5. Purpose of grant (new construction/Maintenance/ /Purchase of land with building): 

6. Whether the applicant has a house of his own (give details):

7. Amount of grant required:

8. Details of land property:

(a) Panchayat/Town: 

(b) Village:

(c) Taluka:

(d) District:

(e) Area:

(f) Survey No.:

(g) Valuation of the property: , 

9. Whether the applicant has received any other loan for construction house, give details:

10. Estimate for construction/maintenanceof building as per plan:

11. Details of the amount raised apart from the loan: 12. Whether the applicant has received loan previously from this Board: ___________

DECLARATION

I hereby declare that the above statements are true and correct to the best of my knowledge and belief.
Place: ____________ Signature ________________
Date: ____________ Name ___________________
Details of documents to be produced: 1. Plan and estimate (approved). 2. Encumbrance certificate of 14 years 3. Location certificate. 4. Land tax receipt. 5. Original document. 6. Attested copy of ration card (pages 2, 4) for maintenance application. 7. Ownership of the building (for maintenance only) 8. Terminal benefit declaration. 9. Attested copies of identity card & passbook. 10. Title clearance certificate. 11. Age certificate of the building (for maintenance only). 12. Valuation certificate of the building (for maintenance only). 13. No objection certificate from the authorities for construction. 14. Declaration from the applicant that neither he/she/nor his/her spouse or children own a house (for new construction). __________
ANNEXURE III FORM –XL [See rule 281]
Application No. …………… Fee Rs. ………..
APPLICATION FOR GRANT FOR PURCHASE OF TOOLS
1. Name of the applicant: 2. Father’s/Husband’s Name: 3. Residential Address: 4. Register No.: 5. Name of Bank in which contribution remitted: 6. Age & Date of Birth: 7. Monthly income: 8. Details of other properties if any, owned or possessed by the applicant: 9. Whether salary certificate from the employer is attached: 10. Particulars of Instruments to be purchased: (a) Description: (b) Make: (c) Model:

(d) Invoice price (copy enclosed): (e) Name & Address of supplier/dealer: 11. (a) Amount of grant applied for:
DECLARATION A. I/We confirm that the funds will be used for the stated purpose only and will not be used for speculation and/or anti-social purpose.
B. I/We understand that the Board has the right to recall the funds if they are not used for the stated purpose.
C. I/We understand that the sanction of the facility is at the discretion of the Board and I/We will execute necessary Security documents as per the Board’s requirements to its satisfaction.
Place: ___________ Date: ____________ Signature of applicant
(For Office use only)
The application submitted by Shri ____________ employed as ______________ in _____________ has been verified. The certificate of employment in respect of the borrower has been attached. An amount of Rs. _________ (Rupees __________________________) may be sanctioned.
District Executive Officer Secretary

EMPLOYMENT CERTIFICATE
Certified that Shri/Smt.……………………….......... s/o, d/o, w/o ………………… of …………………………… House No. …………………… Town ………………… Desam ……………… Village ………………… Taluka ………………………. District ………………….. now residing at House No. …………………… Town/Desam ……………….. Village …………………… Taluka ………………….. District ……………… is a permanent/ officiating/acting/provisional ……………………. (designation).
DETAILS OF HIS/HER SERVICE ARE AS UNDER:
1.Date of entry into service ………………………….....................
2.Date of which continuous service begins ................................
3. Date of retirement................................................................................
DETAILS OF HIS/HER PAY, ETC. ARE AS UNDER
1. Basic pay …………………………...........	(a) Provident Fund …………………....
2.Dearness Allowance ……………...........	(b) LIC recoveries …………………...…
3.HRA ……………………………….............	(c) Income Tax …………………………
4.Compensatory Allowance ……….........	(d) Loan recoveries ……………………
	1. …………………………………….......
	2. …………………………………….......
	3. …………………………………….......
5.Other Allowance ………………………	(e) Other recoveries
	1. ……………………………………......
	2. ……………………………………......
Total (A) ………………………………....	Total (B) …………………………….
Net Salary:	(A) – (B) Rs. …………………
Place ………………..	Signature
Date ………………..	Name
	Designation of the Head of office/Department.