NOTIFICATION
The 16th October, 2019.
No.LL(B).16/2015/85.—The Meghalaya Building and Other Construction
Workers’ Welfare Board Act, 2019 (Act No. 23 of 2019) is hereby published for
general information.
The Gazette of Meghalaya
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 319 Shillong, Wednesday, October 16, 2019 24th Asvina-1941 (S. E.)
PART-IV
GOVERNMENT OF MEGHALAYA
LAW (B) DEPARTMENT
———
Postal Registration No. N. E.—771/2006-2008
MEGHALAYA ACT NO. 23 OF 2019
(As passed by the Meghalaya Legislative Assembly)
Received the assent of the Governor on the 9th October, 2019.
Published in the Gazette of Meghalaya Extra-Ordinary issue dated 16th October, 2019.
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THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) OCTOBER 16, 2019 [PART-IV1674
THE MEGHALAYA BUILDING AND OTHER CONSTRUCTION WORKERS’
WELFARE BOARD ACT, 2019.
An
Act
Be it enacted by Legislature of the State of Meghalaya in the Seventieth Year of the
Republic of India as follows:-
per
(
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CHAPTER I
PRELIMINARY
Short title, 1. (1) This Act may be called the Meghalaya Building and Other
extent and Construction Workers’ Welfare Board Act, 2019.
commencement. (2) It extends to the WhOle State Of Meghalaya.
(3) It shall come into force on such date as the State Government
by notification, a oint.
Definitions. 2. (i) 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;
“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 i
any such person-
(i) Who is employed mainly in a managerial or
administrative capacity; or
(ii) Who, being employed in a supervisory capacity, draws
waoes exceedin one thousand six hundred ru ees
THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) OCTOBER 16, 2019PART-IV] 1675
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
6)
(i)
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;
“Government” means the State Government of Meghalaya;
“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;
(0) “rules” means the rules made under this Act;
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CHAPTER—II
THE ADVISORY COMMITTEES AND EXP ERTfiCOMMITTEES
State Advisory 3(1) The Government shall constitute a committee to be called the
Committee. 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 Government;
(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 GOVemment, 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.
Expert
Committees.-
4. (l) 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. ' ’ ’
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CHAPTER— [II
ESTABLISHMENT OF THE BOARD
Constitution 0f the 5. (1) The Government shall, by notification, for the purposes of this
Board.- 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.
Members of the 6. (1) The Board shall consist of-
Board.- Official Members:
, (i) a Chairperson, who shall be appointed by the
Government not below the rank of Principal Secretary
to the Government of Meghalaya, 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 ofi
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 employeesghalflgsuch as “EL be prescribed.
Disqualification 7. (1) No person shall be nominated 'as, or continue to be, a member
for of the Board who- -
appointment as (a) is a salaried official of the Board; or
a member of (b) is, or at any time has been, adjudged insolvent or has
the Board.— 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
THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) OCTOBER 16, 2019 [PART-IV1678
T (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.
Resignation 0f 8. (l) A nominated member may resign his office by giving notice
office by members thereof in writing to the Government and on the resignation being
and filling Up of accepted, he shall be deemed to have vacated his office as such.
casual vacancies.- (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.
the 9. (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 of
minutes and shall take necessary steps for carrying out the
decisions of the Board.
Secretary to
Board.—
Appointment of 10..(l) The Board may, with the prior concurrence of the State
Officers and staff Government, appoint an officer of the Government not below the
of the Board.— 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.
Meetings of the l 1.(1) The Board shall ordinarily meet once in two months:
Board.-
Provided that the Chairperson shall within fifteen days of the
receipt of a requisition in writing from not less than one xthlfd of
the members of the Board, call a meeting thereof.
(2) Netice' intimating the date, time and venueof ‘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
THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) OCTOBER 16, 2019PART-IV] 1679
considering any matter which in his operation is urgent, notice
of not less than three days shall be deemed sufficient.
CHAPTER [V
REGISTRATION OF ESTABLISHMENTS AND BUILDING WORKERS AS
‘ BENEFICIARIES
Appointment of 12.The appropriate Government may, by order notified in the
registering officers 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.
l3.(l) Every employer / contractor shall,-
Registration of l
(a) In relation to an establishment to which this Act applies 1
l
l
establishments.-
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 (1) 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: i
7 section, any change occurs in the ' 'o'ivnership 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.
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Manner of making 14(1) The application referred to in sub-section (1) of Section I
application for 13 shall be made in such form as may be prescribed to the
registration of Registering Officer of the areas appointed under Section 12 in
establishments.- 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.
Grant of certificate of 13. (1) The Registering Officer, after receiving application under
registration.- 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.
13.1f, 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.
Fees. 16. The fees to be paid for grant of a certificate of registration under
Section 15 shall be as such as may be prescribed.
Registration of 17. Every building worker who has completed eighteen years of
building workers as age but has not completed sixty years of age and who is not a
beneficiaries. 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.
CHAPTER V
SCHEMES OF THE BOARD
Power and duties of 18. The Board may-
the Board to
undertake welfare (a) Provide immediate assistance to a beneficiary in case of
Schemes.— accident;
{‘9} Make payment of pension t0 the beneficiaries who. have 1
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;
((1) Pay such amount in connection with premia for Group
Insurance Scheme of the beneficiaries as it may deem
fit;
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(e) Give such financial assistance for the education of
children of the beneficiaries as may be prescribed;
(0 Meet such medical expenses for treatment of major
ailments of a beneficiary or, such dependant, as may be
prescribed;
(g) Make payment of maternity 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.
Power of Board to 19. The Board, may, carry out new schemes as directed by the
take up schemes.- 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.
CHAPTER VI
BOARD’S FUND
~fl‘und. ' #72011) 'fhe Beard shall be; constituted a fund to he cagd tne
‘Consrituticnbf B .
‘ * 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 by the Central Government.
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(2) The Fund shall be applied for meeting- 7
(a) Expenses of the Board in the discharge of its functions i
under Section 20 of this Act; I
(b) Salaries, allowances and other remuneration of the E
members, officers and other employees for the Board; i
(c) Expenses on objects and for purposes authorised by the '
Board. i
(3)The Board shall, in any financial year, incur expenses
towards salaries, allowances and other remuneration to its l
members, officers and other employees and for meeting the
other administrative expenses not exceeding five percent of
its total expenses during that financial year. i
. Subject to the provisions of this Act, every building worker g
registered as a beneficiary under this Act shall be entitled to i
the benefits provided by the Board from its Fund under this
Act.
Benefits of the Fund.
Contribution to the
Fund.
22. (1) 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 officeri
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.
. CHAPTER VII 7 , _, _
LEVY AND COLLECTION OF‘CES’S ‘i r
._..._:_-
23.(l) There shall be levied and collected a cess- for the
purposes of this Act at such rate not exceeding two per cent.
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.
Levy and collection of
cess
authority
THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) OCTOBER 16, 2019PART-IV] 1683
Furnishing
returns.-
of
24.
(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 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 (l)
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.
(1) 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
‘fiimish such return before such date as may be specified in
the notice.
Assessment of cess.-
. (l) 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 fumished 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
strb- section (2) shaii 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,
ma , waive the a ment of contribution for a eriod
THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) OCTOBER 16, 2019 [PART-IV1684
not exceeding three months at a time.
Power to exempt.
26.
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.
Interest payable on
delay in payment of
cess
27.
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.
_..__.__.__._—._._.________
L.._.._
CHAPTER VIII
Finance, Accounts and Audit of the Board
Power of Board to
borrow.
28.
Budget.
29.
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.
The Board shall prepare, in such form 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.
Annual Report
30.
The Board shall prepare, in such form and at such time each
financial year as may be prescribed, its annual report,
giving filll account of its activities during the previous
financial year, and submit a copy thereof to the State
Government and the Central government.
V ' Accoiints and Audit.
3‘1.
(0Tb; Board shall cause to be maintained proper books of—3
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 GAZETTE OF MEGHALAYA (EXTRAORDINARY) OCTOBER 16, 2019PART-IV] 1685
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,
Concurrent and 32.(l) Notwithstanding anything contained in Section 31, the
special Audit of Government may order that there shall be a concurrent
Accounts.- 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(l), the Board
shall present or cause to be presented for audit such
accounts and shall furnish to the person appointed under
sub-section(l) such information as the said person may
require for the purpose of audit.
Investment of Funds. 33. All moneys belonging to the fund may be invested in the
Nationalised Banks or as such as may be prescribed.
Utilization of Fund. 34. The fund shall not, without the previous approval of
Government, be expended for any purpose other than those
mentioned in the Act and Rules.
Expenditure from the 35. (1) All expenses for the administration of the fund, fees and
Fund. 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.
Administrative and 36.(l) The Secretary of the Board may, without reference to
Financial power of the the Board, sanction expenditure and contingencies supply
I Secretary 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
5 ecified in sub—rule (1) above, as may be delegated to
THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) OCTOBER 16, 2019 [PART-IV1686
him, from time to time as may be specified under the
Rule.
(3) The Board may, from time to time delegate, 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.
CHAPTER IX
MISCELLANEOUS
Officers and 37. All officers and employees of the Board shall be deemed to
employees of the be public servants within the meaning of Section 21 of the
Board to be public Indian Penal Code, 1860.
servant.
Protection of action 38. (1) No suit, prosecution or other legal proceedings shall lie
taken in good faith. 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.
Power of Board to 39(1) The Government may, by notification, make rules to
make Rules. 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;
»- (0) Appointment of Officers and staffs of the-Board under
SectiOn i0 ofthi‘s Act; I i ,
(d) Investment of Funds under Section 33 of this Act;
(e) Utilization of Fund under Section 34 of this Act;
(t) 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 n-ersonn‘ exenses,
THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) OCTOBER 16, 2019PART-IV] 1687
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;
(i) 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;
(1) any other matter which is required to be, or may be,
prescribed.
Power of the Board to
alter/amend schemes.
40.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.
Power to make
Regulations.
4l.(l) 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 in which
temporary association of persons may be made;
(f) The duties, the functions, the terms and conditions of l
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.
THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) OCTOBER 16, 2019 [PART-IV1688
SHILLONG: Printed and Published by the Director, Printing and Stationery, Meghalaya, Shillong.
(Extraordinary Gazette of Meghalaya) No. 637 - 730 + 200 — 16 - 10 - 2019.
website:- http://megpns.gov.in/gazette/gazette.asp
S. KHARLYNGDOH,
Commissioner & Secretary to the Govt. of Meghalaya,
Law Department.
(4) The Government may, by notification, rescind any
regulation made under this section and, thereupon, the
regulation shall cease to have effect.
of certain
Saving
laws.
42. 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.
Repealand Savings. 43.(1) The Meghalaya Building and Other Construction
Workers’ Welfare Board Ordinance, 2019 (Meghalaya
Ordinance No.1 of 2019) 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.
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