HIMACHAL PRADESH STATE ELECTRICITY BOARD LTD.. (A State Govt.Undertaking) .

·7 f"SJ'7-?7 No. HPSEBL (Sec'tt) IR-Contract Labour(R&A) Actl12-VI- Dated:. ,.J.. V'-o1:...f)

From: Executive Director (Pers.), HPSEBL, Shimla-4.

To ~Chief Engineers in HPSEB Ltd! ~~. ~lJ"\Aot(J ty.,~~.-;n HP~dL.

Subject: Implementation of directions dated 18-1-2000 given by Hon'ble Supreme Court in Writ Petition (Civil) No. 318 of 2006- titled as National Campaign Committee, C. L. Labour Verses Union of India and Ors, followed by subsequent directions from time to time.

Sir, I am directed to enclose herewith a photocopy of letter No. Sharam (E)]­

7/20 11-Part-l dated 21st January, 2015 from Deputy Secretary (Lab. & Emp.) tothe

Government of Himachal Pradesh on the subject citcd above and to request you to

adhere to these instructions in letter and spirit.

.'

DA: As above. ....~ .... .. ~-." -, ....... Yours faithfully,. , .' "

.~(ROhltZal),

Y:{fu,tive Director (Pers.), HPSE8L, Shimln- 4,

dLfl".No.O 177-2801706. 1.." \ 1.\ \s--­

Copy fOl\\'<1rdecl tal illtOIllWtiOI1 to: I. The PLSecl'ct,liY (Po\\er) to the Govt. of Il inuch:d PrClciesl1, Sl1il1li ,1-2 witl1

rd(;I'(!11CC to his office letter Mrp-E\( 15 )-3 /20 14 cI ,lteci 22 .01.2015. 2. The Dy Secretmy (Lab. 8:. Emp.) to the GoHP, Shil11h·2 \\ith rde rence to his . .om" ie'k. No SI""'~~~~~Pcld~ I d'ted 21 :;ua,y, 2015

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HPSEB Ltd\

No. HP EB Ltd/CE·Comm./3-6/20 5 ,.-%"~~ed:- l\~\\C"" ~'"

Copy of above i forwarded for information and ne e sary action 1. The Dy. Chief Engineer {Comm.) of this office. 2. The Superintending Engineer (SE RC/T) of his office.

The Superintending Engineer (EnT.) of this office. The uperintending Engineer (I .T,) of th' ffice .

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(,I ~ VY]~~'V' CY1ID"./ ~. c.-< :J'~' ~" 'l' c; ~ \:t(\S J

_. ~.{ ~(".'~ . File No. I p:b( \5)-3/20 14\ '/1'::" ,:... .c?/" IJ...:> '\Government of Himachal Pradesh

. C-b{ F C-; ~epartmcnt of MPP& Power

_~~i From~.....J I . / he Pr. Secretary (Power) to the

'l..... r/ Government of Himachal Pradesh

O~Y_ To ~rhe Managing Director,

HPSEBL, Vidyut Bhawan, Shimla-04.

2. The Managing Director, H.P. Power Transmission Corporation Ltd., Barowalia House Khalini, Shimla-02.

3.. The Director Energy, Shanti Bhawan, Phase-III, New Shimla, Shimla-09.

4. The Managing Director, H.P. Power Corporation Ltd., Himfed Building, Panjri Near Old MLA Quarters, Tutikandi, Shinila-05.

Dated Shimla-2, the Q1 -01-2015

C Subject:- Implementation of directions dated 18.01.2000 given by Hon'bl Supreme Court ;n 'Writ Petition (Civil) No. 318 of 200Gt-titled a National Campaign Committee, C.L. Labour Versus Union of Indi: and Ors, followed hy subsequrntdircctionsfrom time to time.~. ¥)Ir,

. Y1---) .C,j)( '(~ . I am directed to enclose herewith a copy of letter No. Shram(E)3-7/2011 . . ~.~~\~. DfjJ . ~r Pmt-I dated 21 5t January, 2015 received from Pro Secretary (Labour & -Employment) tl

the GoEP on the subject cited above for your strict compliance of the instructions issuel

by the Labour & Employment Department in letter ancl spii~ it.~J{~~) ~

S'31 0 q-n~~

.9... ,S~)- I J \

No. Shram (E)3-7/ 20 II:'Part-l Government of Himachal Pradesh Department of Labour and Employment

From The Pro Secretary (Labour & Employment) to the Government of Himachal Pradesh, Shimla-2.

To .

1 The ACS (Urban Development) to the

Government of Himachal Pradesh, Shimla-2. 2 The ACS (P.W.D) to the

Government of Himachal Pradesh, Shimla-2.

3 The ACS (Irrigation & Pubic Health) to the

~fi'unent of Himachal Pradesh, Shimla-2. ~ThePr. Secretary (MPP &Power) to the .

Government of Himachal Pradesh, Shimla-2. 5 The Pro Secretary (Housing) to the

". Government of Himachal Pradesh, Shimla-;2.

6 The Pro Secretary (TCP) to the Government of Himachal Pradesh, Shimla-2.

7 The Pro Secretary (Rural Development) to the Government of Himachal Pradesh, Shimla-2.

8 All the Divisional Commissioners in H.P. 9 All the Heads of the Departments in H.P.

Dated Shimla-171 002, dZ I ~/j~

January,2015

Sllbj ect:- Implementation of directions dated:18-01-2000 given by Hon'ble Supreme Court in Writ Petition (Civil) No. 318 of 2006-titled as National Campaign Comnlittcc, C.L. Labour versus Union of Indi:l anel Ors, followed by subsequent directions from time to time. .

It is informed that the BuildlL1g & Oth~l' Constl'uctioil \Vorkers

CREeS) Act, 1996 hJS bee n ellaclcd to rcgubtc the employment ancl conditlolls of service " ~.,.. --'-.-.--~---. ----.--------.

of building nnel olhcr construclioll workel's 8nel to pro\'idc ror their saldy, health 8nci -----._--------- ---------- ­wclf~lrc lll~ClSurc 8t1c1 fOl' other mackl' cOlltlcdcd therewith or il1cic/cntC11 tilClcLo. It Clpplics

to C\"cT)' e.st8btishmcnt \\ 'hich employs, ClI' Inc1 CIllI)!oyCc! on 811y c!(IY of l!l~ p;(,e,:::d:l!i,',

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twelve months, ten or more building workers in any building or other construction work

belonging to, or under the control of, Government, anybody corporate or finn, 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 lakh.~; ~,,::;-

It is further added that 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 communication dams, canals, reservoirs,. watercourses,

twmels, bridges, viaducts, aquaducts, pipelines, towers, cooling towers, transmission

towers and such other work 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 J,>

(35 of 1952), apply;

Further, every employer shall in relation to an establishment to

which this Act applies shall make an application for registration to the Labour Officer ­

cum- Registering Officer having jurisdiction for registration of the establislunent.

Therefore it is requested that the Government Authorities taking up construction work

must register and also ensure that all the contractors or any sub-contractor hired by the

main contractors get registration under Section-7 of the Build~ng & Other Construction

-YVorkers (REeS) Act, 1996.

The Act ibid also provides <that e~ry building worker who has

completed eighteen years of age, but has not completed sixty years of age, and who has

been engaged in any building or other construction work for not less than ninety days

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during the preceding twelve months shall be eligible for registration as a bei1eficiary under

this Act, and the application for registration is to be made to the Authorized Officer-Cum­

Labour Officer and other Officers of various Departments authorized for registration. The

Government of Himachal Pradesh has constituted HP Building & Other Construction

Workers Welfare Board as provided in the Act and the Board provides numerous benefits

to the building & other construction workers registered as beneficiaries under \Velfare

schemes such as; RSBY, maternity/paternity benefit, pension, disability pension, death

benefit, cremation assistance, medical benefit, financial assistance for education, financial

assistance for marriage etc. But, it has been seen that the pace of registration of workers

under the Act is very slow resulting in their deprivation of the benefits available under the

welfare schemes. As such, it is requested that all the employers/ con:ractors be directed to l . guide and motivate the workers for getting registration done with Himachal Pradesh

Building & Other Construction Workers Welfare Board for availing the benefits.

You are also aware that the Building & Other Construction \Vorkers

\Velfare Cess Act, 1996 has also been enacted to provide for the levy 3:1d collection of

cess on the cost of construction incurred by employers with a view to augmenting the

. resources of the Building and Other Construction Workers \Velfare Boards· constituted

under the Building and Other Construction Workers (Regulation ot Employment and I .

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~ Conditions of Service) Ad, 1996. The Cess is to be levied @ 1% of cost of construction

incurred by an employer and cost of construction shall include all expenditure incurred by

an employer in connection with the building or other construction work but shall not

include-cost of land and any compensation paid or payable to a worker or his ~in under the

Employees Compensation Act, 1923.

Accordingly, it is requested that necessary clause be added in all the "­tenders/contracts in regard to deduction of the cess @ 1 % and all the authorities Concerned

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with the execution of works must dedu~t and deposit the said CtSS so collected with the

Assessing Authorities as per the time-frame laid in the ActIRule made there under.

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• Since, Hon'ble Supreme Court is monitoring the implementat • of these ActslRules, it is requested that above instructions are brought into the noti.ce of

authorities for compliance immediately.

Yours faithfully,

(pad~Uhan)Deputy Secretary, (Lab. & Emp.) to th Govenunent of Himachal Pradesh _ Phone No. 0177-2620372

Endst No. as above Dated: Shimla-2 c:2r~t-'- January, 2015

Copy is forwarded to:­1. The Labour Commissioner, Himachal Pradesh, Shimla-171001 for information a:

necessary action. , 2. The Secretary-cum-CEO, HP BOCW Welfare Board, Thakur Vatika Khalil

Shim1a-2 for following up with all the authorities to ensure effecti­implementations of the ActlRules and instructions issued on these . subj ects. - *~\II .(Pa~ingh CIHmhan)

. Deputy Secretary, (Lab. & Emp.) to the Government of Himachal Pradesh

Phone No; 0177-2620672