Government of West Bengal
New Secretariat Building, Block-A, 12th Floor
1, Kiran Shankar Roy Road, Kolkata-1
No. 193-IR/12L-02/16(PT) Dated 14th MARCH, 2016
WHEREAS a scheme in the name of “State Assisted Scheme of Provident Fund for Unorganized Workers” (SASPFUW) (hereinafter referred to as the said scheme) was introduced under this Department Resolution No. 180-IR Dated 24.01.2001.
AND WHEREAS it was mentioned in the said scheme that the scheme would be implemented in phases.
WHEREAS a separate social security scheme has also been introduced for the purpose of providing certain welfare measures to the Construction Workers registered under Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (BOCWA) and the rules framed thereunder.
AND WHEREAS Construction Industry employing less than 20 workers under the head of “Construction Workers” has already been excluded from the purview of the said scheme vide Resolution No. 1407-IR Dated 31.12.2010.
AND WHEREAS vide Notification No. 803-IR Dated 16.08.2013, the Government has specified the following workers as “Building and Other Construction Workers” for the purposes of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996:-
(1) all work connected with brick kiln
(2) all work related to stone breaking and stone crushing
WHEREAS the (1) brick/tile manufacturing and (2) stone breaking and stone crashing industries are also covered under the said scheme.
AND WHEREAS the issues of:-
(i) exclusion of above two unorganized industries from the purview of State Assisted Scheme of Provident Fund for Unorganized Workers (SASPFUW) and
(ii) inclusion of workers of Non-Governmental Organizations and persons engaged in West Bengal Welfare Schemes run by the Government of West Bengal including Self-Employed Labour Organizations (SLOs) under the purview of the said scheme were under active consideration of the Government.
Now, therefore, after careful consideration of the matter, the Governor is pleased to exclude the following two industries under the unorganized sector from the purview of the said scheme as the benefits provided under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (BOCWA) and the rules framed thereunder are much more beneficial in comparison to those under the said scheme:-
(i) stone breaking and Stone crushing
(ii) brick/tile manufacturing.
The Governor is further pleased to include the workers employed in the under mentioned unorganized sectors within the purview of the said scheme:-
(1) the workers of Non-Governmental Organizations
(2) persons engaged in welfare schemes run by the Government of West Bengal including Self-Employed Labour Organizations (SLOs)
Ordered that this resolution be published in the Official Gazette and the copies of the same be sent to the Labour Commissioner, West Bengal and other concerned Departments of this Government and to all Central Trade Unions.
Deputy Secretary to the
Government of West Bengal