Employment, National HealthAuthority (NHA), State
BOCW Welfare Boards and State Health Agencies
(SHAs) have been pro-actively engaging in various
deliberations to augment the implementation of the
said convergence at the State level. In the Phase-I,
States/ UTs of Bihar, Uttar Pradesh and Chandigarh
have started implementing the scheme relating to
extending the benefits of Ayushman Bharat –
PradhanMantri Jan ArogyaYojana (AB PM-JAY) to
Building and Other Construction Workers (BOCW)
and their families registered with State BOCW
Welfare Boards. Further, all other States/ UTs are
advised to take it up in Phase-II.
An Order under Section 60 of BOCW Act,
1996 has been issued to the Chief
Secretary/Administrators of all States/UTs; All
Principal Secretary/Secretary/Commissioner of
Labour; and, All Secretary, BOCW State Welfare
Boards regarding use of Direct Benefit Transfer
(DBT) for cash assistance and restriction on
distribution of benefits in-kind to the registered
BOCW workers by the State Building and Other
Construction Workers' Welfare Board. The said
Order, inter-alia, directs the States/UTs that any
monetary assistance under the welfare schemes
are to be provided through Direct Benefit Transfer
(DBT) only in the beneficiary's bank account; and,
No benefit is to be provided in-kind except in extra-
ordinary circumstances such as natural calamities,
epidemics, fire, accidents caused due to
occupational hazard or similar other crisis, and
with prior approval of the State Government and
intimation to DG Labour Welfare, Govt. of India.
The Building and Other Construction
Workers (Regulation of Employment and
Conditions of Service) Act, 1996 and the Building
and Other Construction Workers' Welfare Cess,
Act, 1996 have been repealed and consequently
subsumed in the Occupational Safety, Health and
Working Conditions Code, 2020 (OSH Code,
2020) and the Code on Social Security, 2020 (SS
Code, 2020) respectively, which have been
notified on 29.09.2020.
All the concerned of States/UTs were
apprised about the Notification of Section 142 of
Code on Social Security, 2020 vide Order u/s 60 of
BOCW(RE&CS) Act, 1996 that the provisions of
8.22
8.23
8.24
Section 142 of the Code ensure the benefit of
welfare schemes is given to the genuine
beneficiary by establishing his identity through Bio-
metric authentication of Aadhaar. The State/UT
BOCW Welfare Boards were, therefore, directed to
take cognizance of the Section 142 of the Code
while providing benefits of social security and
welfare schemes to the BOC workers.
In order to safeguard the interest of the
Migrant workers, the Central Government has
enacted the Inter-State Migrant Workmen
(Regulation of Employment and Conditions of
Services) Act, 1979 to protect the interest of the
migrant workers who migrate within India for
Jobs/better employment opportunities. The Act
provides for registration of certain establishments
employing Inter State Migrant Workers, licensing
of contractors etc. Workers employed with such
establishment are to be provided payment of
minimum wages, journey allowance, displacement
allowance, residential accommodation, medical
facilities and protective clothing etc.
The Inter-state Migrant Workmen
(Regulation of Employment and Conditions of
Service) Act, 1979 has now been subsumed in the
Occupational Safety, Health and Working
Conditions Code, 2020 and the Code has been
notified on 29.09.2020 . The above mentioned
code commonly known as OSH Code, provides for
decent working conditions, minimum wages,
grievances redressal mechanism, protection from
abuse and exploitation, enhancement of skills and
social security to all category of organised and
unorganised workers including migrant workers.
The Code is applicable to every establishment in
which 10 or more inter-state migrant workers are
employed or were employed on any day of the
preceding twelve months.
However, the OSH Code will come into
force on such date as notified by the Government.
With the enforcement of the OSH Code Inter-State
Migrant Workmen(Regulation of Employment and
Conditions Services) Act, 1979 shall stand
repealed. Provision relating to ISMW Workers
have been included in section 59-65 of Chapter XI
(Part-II).
Migrant Workers & Inter-State Migrant Workers
8.25
8.26
8.27
MINISTRY OF LABOUR & EMPLOYMENT
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