UP Government Announces Amendment to Construction Workers’ Employment Rules: New Changes and Implications

The Government of Uttar Pradesh on July 5th 2024 issued the Uttar Pradesh Building and Other Construction Workers (Regulation of Employment and Conditions of Service) (Sixth Amendment) Rules, 2024.

This amendment is designed to revise the Uttar Pradesh Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2009, under the provisions of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.

Key Features of the Amendment

1. Amendment to Rule 263: Appointment of the Board Secretary

The most significant change introduced by these amended rules is in Rule 263 of the Uttar Pradesh Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2009. The amendment pertains to the appointment of the Secretary of the Welfare Board.

  • Existing Provision (Before Amendment):
    • The Board could appoint a Government officer not below the rank of Deputy Labour Commissioner as the Secretary, subject to the prior concurrence of the State Government.
  • New Provision (After Amendment):
    • The Board can now appoint a Special Secretary of the Indian Administrative Service (IAS) as the Secretary of the Board, with prior concurrence from the State Government.

This change indicates a higher-ranking officer will be appointed to oversee the functioning of the Welfare Board. The decision to appoint a Special Secretary from the IAS is expected to bring more administrative experience and authority to the board, enhancing its efficiency in implementing welfare programs for construction workers across the state.

Implications of the Amendment

1. Improved Administrative Oversight

By elevating the position of the Secretary to the level of a Special Secretary (IAS), the amendment aims to ensure stronger leadership and better coordination within the Board. The inclusion of an officer from the Indian Administrative Service brings a higher level of expertise and authority, which could help in addressing the welfare needs of construction workers more effectively.

2. Stronger Governance of Welfare Schemes

The Board plays a crucial role in managing the welfare schemes for construction workers, including health, safety, education, and financial assistance. With a senior IAS officer leading the Board, there is potential for more strategic decision-making and oversight of these welfare initiatives.

3. Enhanced Functioning of the Uttar Pradesh Building and Other Construction Workers Welfare Board

The change in leadership is likely to improve the operational capacity of the Welfare Board. It could result in better implementation of policies, quicker decision-making, and more efficient handling of worker-related grievances or issues.

4. Impact on the Welfare of Construction Workers

The ultimate goal of the rules is to enhance the welfare of the large workforce in the building and construction sector. With improved governance, the Board will be in a better position to manage welfare funds, provide financial support to workers, and implement programs related to healthcare, housing, and skill development for construction workers in Uttar Pradesh.

Effective Date : July 5th 2024

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