G.R. Dt. 12th July, 2024 – Department of Industries, Energy, Labour and Mining – Sub- Investigation to Treatment Health Scheme for the Construction Workers in Maharashtra
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Implementing “Investigation to Treatment Health Scheme” for the active (alive) Construction Workers and their Family Members registered under the Maharashtra Building and other Construction Workers Welfare Board, Mumbai through the Hospitals set up on BOMT (Build Operate Manage and Transfer) basis
Government of Maharashtra
Department of Industries, Energy, Labour and Mining
Government Resolution No:- EBanKa-0523/Pra.Kra.77 (Part-1)/Kamgar-7
Mantralaya, Mumbai-400 032
Dated 12th July, 2024
Vide:-
1] Government Resolution in the Department of Industries, Energy and Labour, bearing No:-EBanKa-2023/Pra.Kra.77/Kamgar-7, Dated 7th August, 2023.
2] Government Resolution in the Department of Industries, Energy and Labour, bearing No:-EBanKa-2023/Pra.Kra.77/Kamgar-7, Dated 9th January, 2024.
3] Resolution No.(60)(35) of the Maharashtra Building and other Construction Workers Welfare Board in its Meeting Dated 2nd July, 2024.
4] Letter from the Maharashtra Building and other Construction Workers Welfare Board, No:-Arogya-2024/Pra.Kra.35/Yojna-06/618/2024, Dated 10th July, 2024.
5] Letter from the Department of Industries, Energy and Labour, No:-EBanKa-0523/Pra.Kra.77 (Part-1)/Kamgar-7, Dated 10th July, 2024.
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Preface:-
The Central Government, with a view to protecting the interests of the Building and other Construction Workers, enacted the Building and other Construction Workers (Regulation of Employment and Conditions of Services) Act, 1996. As per Section 18 of the said Act, the Maharashtra Building and other Construction Workers (Regulation and Employment and Conditions of Services) Rules, 2007 came into existence and the Maharashtra Building and other Construction Workers Welfare Board was established. As per the provisions of the Act, the construction workers are registered and the registration is renewed. As the work of construction workers is full of hardship they are most likely to face health problems. If their health tests are carried out, from time to time, it would be possible to treat the health problems that may arise in future at preliminary level. Accordingly, under Reference Nos. (1) and (2), sanction was granted to implement “Investigation to Treatment Health Scheme ”through H.L.L Life Care Ltd. (Government of India, Industries). Under Reference No.(3), a Resolution was passed to set up a Health Check-up Centre and Hospital on BOMT (Build Operate Manage Transfer) though M/s. HSCC (India) Ltd. Accordingly, the proposal to implement “Investigation to Treatment” Scheme by setting up a Hospital on BOMT (Build Operate Manage and Transfer) came to be submitted to the Government, vide Reference No.(4) above and under Reference No.(5), the same was accorded sanction in principle. Hence, the Government contemplated the matter of implementing this Scheme and issuing comprehensive Guidelines in that regard.
Government Resolution:-
Sanction is hereby granted under this Government Resolution to implement “Investigation to Treatment Health Scheme” for the construction workers and their families whose registration is active (alive) under the Maharashtra Building and other Construction Workers Welfare Board, Mumbai by setting up a Hospital on BOMT (Build Operate Manage and Transfer) basis.
2. Beneficiaries under the Scheme:-
(a) All actively registered (alive) construction works under the Scheme, either spouse in the family and their fist two children below 10 years shall be treated as the beneficiaries.
(b) During the active (alive) registration period under the Scheme, the beneficiary shall be eligible to avail benefits under the Scheme once in a year.
(c) An actively registered (alive) construction worker under the Maharashtra Building and other Construction Workers Welfare Board, Mumbai should submit his choice for selecting either of the two Schemes viz. “Mahatma Jyotirao Phule Jan Arogya Scheme” of the Public Health Department or “Investigation to Treatment Health Scheme” of the Labour Department. A construction worker cannot take advantage of both the Schemes. Once a construction worker decides his choice, he would be bound to seek benefit under that Scheme only.
(d) For the actively registered (alive) construction workers of the Board, this Scheme shall be of voluntary nature.
3. Implementing Agency and Financial Provisions:-
(a) This Scheme shall be implemented by the District Labour Facilitation Centre under the Maharashtra Building and other Construction Workers Welfare Board.
(b) The expenditure on this Scheme shall be defrayed from the cess collected by the Board.
(c) A Project Management Committee (PMC) should be constituted at the level of Board for monitoring this Scheme.
(d) 2% of the expenses incurred on this Scheme shall be permitted to the Board towards Administrative expenses.
4. Phases of the Scheme:-
The said Scheme shall be implemented in three phases.
(a) Preliminary Health Check-up Tests:-
a.1 Organising Pre-Health Check-up Camp:- The Appointed Agency with the approval of the Head of District Labour Facilitation Centre/Deputy Labour Commissioner/Assistant Labour Commissioner/Government Labour Officer shall fix the venue, date and time of the Camp.
a.2 Activities in the Health Check-up Camps:-
a.2.1 The Appointed Agency shall gather the beneficiaries earmarked for the camp and enroll them.
a.2.2 The Appointed Agency shall provide doctors and medical attendants for the camp as per requirements.
a.2.3 Physical check-up of the beneficiaries shall be conducted in the Camp and the information pertaining to their prior ailments and medical history shall be recorded.
a.2.4 Samples for the tests of beneficiaries shall be collected by the Appointed Agency in the Camp.
a.2.5 The preliminary health check-up tests of the construction workers shall be conducted by the Appointed Agency in the said Camp or by door-to-door visits to the construction workers.
a.3 Laboratory Tests:-
a.3.1 The Tests on preliminary health check-up samples of the beneficiaries to be conducted either in the Camp or by door-to-door visits to construction workers shall be fixed with the Approval of the Government.
a.3.2 The Rates of Tests shall be within the limits of CG.H.S (Central Government Health Scheme) Rates.
a.4 Organising Post Health-Check-up Consultation Camps:-
a.4.1 After receipt of Health Check-up Reports of the beneficiaries post health check-up Camps shall be organised by the Appointed Agency.
a.4.2 In this Camp Test Reports shall be issued to the beneficiaries.
a.4.3 In furtherance of Test Reports, the beneficiaries shall be provided a consultation with doctors.
a.4.4 Test Reports shall be sent to the beneficiaries on their Registration Mobile Numbers. Furthermore, they shall be made available on Computer System.
a.4.5 Beneficiaries whose preliminary health tests have returned a Normal Report their case shall be closed.
a.4.6 The beneficiaries whose preliminary health tests have Abnormal Report shall be recommended medication with their consent or they may be suggested to undergo Advanced Confirmatory Health Tests.
(b) Advanced Confirmatory Health Tests:-
b.1 If a beneficiary whose Preliminary Health Tests have returned an Abnormal Report insists on second Test, the Appointed Agency shall conduct such Tests free-of-cost for one time.
b.2 With the consent of the beneficiary whose Preliminary Health Tests returned Abnormal Report, shall be recommended Advanced Confirmatory Tests.
b.3 The Advanced Confirmatory Tests shall be carried out in the hospitals/Test Laboratories/Primary Health Centres empanelled by the Appointed Agency.
b.4 The Advanced Confirmatory Test shall consist of only Tests for the life threatening diseases to be fixed with the approval of Government.
b.5 The Rates of such Tests shall be within the limits of Rates of CGHS (Central Government Health Scheme).
b.6 The case of beneficiaries whose Advanced Confirmatory Tests have returned a Normal Report shall be cleared.
b.7 With the consent of the beneficiaries whose Advanced Confirmatory Tests have returned an Abnormal Report shall be recommended medication or if necessary they shall be admitted to an empanelled hospital for treatment.
(c) Medical Treatment:-
(c-1) Medication:-
c-1.1 With the consent of the beneficiaries whose Preliminary Health Check-up Tests, as well as Advanced Confirmatory Tests have returned an Abnormal Report, shall be administered medication, as may be necessary.
c-1.2 Under this Scheme, medicines shall be supplied to the beneficiaries within the limit of Rates fixed under the Jan Aushadhi/AMRIT Scheme of the Central Government.
c-1.3 Under this Scheme, the Appointed Agency shall supply medicines to each beneficiary (during actively alive registration period) within the limit of Rs. 5,000/- each year.
(c-2) Hospitalization:-
c-2.1 With the consent of the beneficiary whose Advanced Confirmatory Test has returned an Abnormal Report, the beneficiary shall be admitted for treatment in a hospital empanelled by the Agency.
c-2.2 The hospitals treating the beneficiaries are required to be empanelled with the Appointed Agency.
c-2.3 Upon hospitalization of the beneficiary, his admission should be recorded and upon conclusion of the treatment the entries pertaining to Discharge Papers and the total expenses of treatment shall be entered by the Appointed Agency on a Computer System.
c-2.4 The amount spent on treatment shall be paid by the Appointed Agency to the hospital within the limit of Rs.2.00 Lakh and such amount shall be reimbursed by the Board to the Appointed Agency.
c-2.5 Where expenditure for treating a particular ailment is likely to exceed Rs. 2.00 Lakh, but within the limit of Rs. 7.00 Lakh, then upon the recommendations of the Medical Head of the concerned hospital, the approval of the Deputy Labour Commissioner/Assistant Labour Commissioner/Government Labour Officer heading District Labour Facilitation Centre and the recommendation made by the Dean of the District Government Hospital such cases shall be referred to the “Construction Workers Health Committee”.
c-2.6 Under the Scheme, the construction worker whose registration is alive (active) and the either spouse in the family (out of dependents) and their two unmarried children below 10 years, thus a total four constituents shall be eligible. The limit for expenditure of treatment of each constituent shall be minimum Rs. 2.00 Lakh to maximum Rs. 7.00 Lakh, subject to approval, each year and within only such expenditure limit each constituent may take such benefit any time, in a year. Accordingly, even if the family limit of expenditure per year is minimum Rs. 8.00 Lakh to maximum Rs. 28.00 Lakh, each constituent shall be eligible for treatment within the limit of minimum Rs. 2.00 Lakh to maximum Rs. 7.00 Lakh per year.
c-2.7 Pursuant to the sanction accorded by the Government, vide its letter Dt. 7th February, 2024, if a child below 10 years of the construction worker whose registration under the Scheme is alive (active) meets with an accident or falls sick, then reimbursement of the expenses shall be permissible.
5. Construction Workers Health Committee:-
(a) For sanctioning a sum exceeding Rs. 2.00 Lakh, but within the limit of Rs. 7.00 Lakh spent on the treatment of a construction worker whose registration with the Board is active (alive), the following Construction Workers Health Committee is hereby constituted:-
| 1] | Chairman, Maharashtra Building and other Construction Workers Welfare Board, Mumbai | President |
| 2] | Principal Secretary (Labour), Department of Industries, Energy, Labour and Mining, Mantralaya, Mumbai | Member |
| 3] | Commissioner for Labour, Maharashtra State | Member |
| 4] | Dean, Sir J.J. Hospital, Mumbai or a Senior Medical Officer nominated by him | Member |
| 5] | Secretary and Chief Executive Officer, Maharashtra Building and other Construction Workers Welfare Board, Mumbai | Member Secretary |
(b) The Proposals received by this Committee shall be decided and treatment expenses shall be permitted.
6. Medical Assistance in case of Accident:-
6.1 If a construction worker whose registration is active (alive) meets with an accident on the site of construction he shall be eligible for treatment under the Scheme.
6.2 If the hospital where construction worker as per his requirement and convenience is admitted happens to be a private hospital then the Agency should provisionally empanel the hospital and proceed with further treatment.
6.3 After the accident, the beneficiary/work establishment/relatives/other persons should inform the Appointed Agency on its Toll Free Number or the District/Taluka Labour Facilitation Centre about the hospital where treatment is being given.
6.4 The expenditure on the treatment following accident shall be permissible under Paragraph 4 (C-2.4), 4(C-2.5) and 4(C-2.6).
7 Empanelled Hospitals:-
7.1 Fixed Health Check-up Centres:-
The Appointed Agency should create or empanel minimum one permanent Health Check-up Centre in each Taluka. Beneficiaries can visit such places to undergo Primary Health Check-up and obtain Preliminary and Advanced Confirmatory Test Reports.
7.2 The Appointed Agency shall empanel hospitals for Advanced Confirmatory Tests, as well as medical treatment.
7.3 With the approval of Board, minimum three hospitals should be empanelled within the areas of each District Labour Facilitation Centre. However, as per exigency of situation an addition should be made thereto.
8. Mobile Medical Unit- MMU:-
8.1 Within the areas of each District Labour Facilitation Centre, minimum one Mobile Medical Unit in the form of a vehicle to function on 24 X 7 basis, will have to be provided by the Appointed Agency. However, as per exigency of situation an address should be made thereto. The expenditure on this Cell should be defrayed by the Appointed Agency. Upon conclusion of the Agreement with the Appointed Agency under this Scheme, such vehicles will have to be transferred back to the Board.
8.2 The vehicle for Mobile Medical Unit will have to be provided free of cost by the Appointed Agency.
8.3 Doctors, nurses and attendants will be available in such Mobile Medical Unit vehicles.
8.4 Such Mobile Medical Unit vehicles should be equipped with Advanced Life Support System.
8.5 Such Mobile Medical Unit vehicles are required to be equipped with medicines to be administered to the beneficiaries, essential medicines required in the emergency situation, first aid etc.
8.6 Such Mobile Medical Unit vehicle shall be linked with he dedicated construction workers Health Number prepared for this Scheme.
9. Dedicated Software Management System:-
9.1 The Appointed Agency shall create free of cost, a Dedicated Software Management System under the Construction Workers Health Scheme under the control of the Board to supervise and monitor the facilities given to the beneficiaries ranging from Preliminary Health Check-up to Treatment. The expenditure incurred on this System shall be defrayed by the Appointed Agency. Upon conclusion of the Agreement with the Appointed Agency under the Scheme, such System will have to be transferred back to the Board.
9.2 All sorts of entries will be permanently recorded in this System.
9.3 Under this System, a beneficiary can access information pertaining to his own entries.
9.4 Under this System, all types of Bills under the Scheme shall be monitored.
10. Dedicated Toll Free Number under Construction Workers Health Scheme:-
10.1 The Appointed Agency shall create free of cost, a Dedicated Toll Free Number under Construction Workers Health Scheme under the control of the Board for the whole of State. The expenditure on this Toll Free Number shall be met by the Appointed Agency. Upon conclusion of Agreement with the Appointed Agency under the Scheme, such Toll Free Number will have to be transferred back to the Board.
10.2 The Appointed Agency shall create a Call Centre to monitor calls, emanating from the whole of the State. The expenditure incurred in this regard shall be met by the Appointed Agency.
` 11. Setting up Occupational Health Centre:-
For conducting a Health Check-up Camp on the site of work and to conduct door-to-door health tests etc., Occupational Health Centres under the care of experienced Medical Practitioners should be set up as hereunder:-
* District Occupational Health Centre:-
For conducting Annual Preliminary Health Check-up of the beneficiaries from the district, a District Occupational Health Centre should be set up in each District Construction Workers Hospital.
* Divisional Occupational Health Centre:-
A Divisional Occupational Health Centre should be set up in each Divisional Construction Workers Hospital at Divisional level.
* State Level Occupational Health Centre:-
A State Level Occupational Health Centre should be set up in the State Level Construction Workers Hospital.
12. Construction Workers Hospitals:-
Construction Workers Hospitals equipped with all medical facilities and amenities as per the norms of quality fixed by the National Accreditation Board for Hospitals & Health Care (NABH) should be set up as hereunder:-
* District Construction Workers Hospitals:-
For secondary health care, a hospital with more than 50 bed capacity should be set up in each district.
* Divisional Construction Workers Hospitals:-
A Multi-Specialty Hospital with 75-100 bed capacity should be set up in each district.
* State Level Construction Workers Hospital:-
A Multi-Specialty Hospital with more than 100 bed capacity should be set up at State Level.
Upon admission in such hospital for treatment, instead of Dean of the Government Hospital specified in Paragraph (4)(C)-2.5, the Dean of the concerned Construction Workers Hospital shall be empowered to make recommendations to the “Construction Workers Health Committee”.
13. Information Management System:-
An Information Management System should be set up for the preservation of all Reports generated under this Project.
14. Beneficiaries and Reimbursement of the Expenses:-
Under this Scheme, the Rates of Treatment shall follow the Rates of the Central Government Health Scheme (CGHS) and the medicines shall be supplied as per the Rates of Jan Aushadhi. The beneficiaries fixed under Paragraph (2) shall be eligible under the “Investigation to Treatment Health Scheme” sanctioned under Reference Nos. (1) and (2). However, under the Investigation to Treatment Health Scheme through a Hospital set up on BOMT (Build Operate Manage Transfer) basis commissioned under Paragraphs (11) to (13), apart from the beneficiaries fixed under Paragraph (2), unorganized workers too shall be beneficiaries. For the beneficiaries fixed under Paragraph (2), the expenses shall be reimbursed by the Maharashtra Building and other Construction Workers Welfare Board, Mumbai. However, the expenses incurred on unorganized workers shall not be reimbursed by the Maharashtra Building and Other Construction Workers Welfare Board, Mumbai. In this regard, the responsibility of getting the expenses reimbursed under any other Scheme of the Central Government/State Government shall rest upon the Appointed Agency. Under this Scheme, the Rates of Treatment shall follow the Rates under the Central Government Health Scheme (CGHS) and the medicines shall be supplied as per the Jan Aushadhi Rates.
15. Appointment of Agency:-
15.1 The appointment of H.L.L. Lifecare Ltd. (Government of India, Industries) sanctioned under the above referred Sr. Nos. (1) and (2) for the implementation of “Investigation to Treatment Health Scheme” under Paragraph Nos. (1) to (10) is hereby confirmed.
15.2 For the implementation of “Investigation to Treatment Health Scheme” under Paragraph Nos. (1) to (10) sanctioned under Sr. Nos. (1) and (2) and for the implementation of “Investigation to Treatment Health Scheme” through a Hospital set up on BOMT (Build Operate Manage Transfer) basis under the aforesaid Paragraphs (11) to (14), H.S.C.C (India) Limited (Government of India-Industries) is hereby appointed.
16. Duration for the implementation of Scheme:-
16.1 The tenure of H.L.L. Lifecare Ltd. (Government of India-Industries) for the implementation of “Investigation to Treatment Health Scheme” sanctioned under Reference Nos. (1) and (2) shall be up to 8th January, 2029.
16.2 The tenure of H.S.C.C (India) Limited (Government of India- Industries) for the implementation of “Investigation to Treatment Health Scheme” sanctioned under Sr. Nos.(1) and (2) and for implementation of “Investigation to Treatment Health Scheme” through a Hospital set up on BOMT (Build Operate Manage Transfer) basis under the aforesaid Paragraphs (11) to (14) shall be up to 8th January, 2059.
16.3 In the initial estimated period of 5 years (by the end of 08.01.2029), H.S.C.C (India) Limited (Government of India- Industries) should set up a Hospital and other ancillary infrastructure under the Scheme. Therefore the tenure for the implementation of Project shall be 30 years (from 09.01.2029 to 8.01.2059). All expenses incurred in this regard shall be met by H.S.C.C (India) Limited (Government of India – Industries) and upon conclusion of the Project tenure the entire property (Immovable and movable property of the Hospital at all levels including medical amenities and facilities) on as it is where it is basis, shall be transferred back to the Board free of cost. This will not include the transfer of manpower. No expenses incurred on immovable, movable property, as well as medical facilities/amenities shall be reimbursed by the Board to H.S.C.C (India) Limited (Government of India – Industries).
17. Co-ordination for the Implementation of Scheme:-
Since this Scheme is being implemented by H.L.L Lifecare Ltd. (Government of India – Industries) and H.S.C.C (India) Limited (Government of India- Industries), the latter viz. H.S.C.C (India) Ltd. (Government of India- Industries) is hereby appointed as the “Co-ordinator for the purpose of co-ordination.
18. The Mobile Medical Units, Construction Workers Health Scheme Dedicated Software System and the Dedicated Toll Free Number under the Construction Workers Health Scheme, created by H.L.L Lifecare Ltd. (Government of India- Industries) are to be transferred back to the Board by the concerned Agency upon conclusion of the Agreement Tenure.
19. The Secretary-cum-Chief Executive Officer of the Maharashtra Building and Other Construction Workers Welfare Board, Mumbai is hereby empowered to evolve a Detailed Procedure for the implementation of this Scheme at the field level in co-ordination with H.L.L. Lifecare Ltd. (Government of India – Industries) and H.S.C. C (India) Limited (Government of India – Industries).
20. The earlier Agreement executed with H.L.L. Lifecare Ltd. (Government of India – Industries) shall be valid. Pursuant to the sanction granted under Reference No.(5) above, a Memorandum of Understanding (MOU) should be executed with H.S.C.C (India) Limited (Government of India – Industries). Accordingly, a Revised Work Order should be issued.
21. This Government Resolution is made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Code Number is 202407121445182210. This Resolution is attested and issued under Digital Signature.
This Resolution is attested and issued under Digital Signature.
DEEPAK UTTAMRAO POKALE – Digital Signature
[Deepak Pokale]
Deputy Secretary, Government of Maharashtra
Copy:-
1] The Secretary to the Hon’ble Governor, Maharashtra State, Raj Bhawan, Mumbai,
2] Hon’ble Chairman, Maharashtra Legislative Council, State Legislature, Mumbai,
3] Hon’ble Speaker, Maharashtra Legislative Assembly, State Legislature, Mumbai,
4] The Additional Chief Secretary to the Hon’ble Chief Minister, Maharashtra State, Mantralaya, Mumbai,
5] Hon’ble Deputy Chief Minister (Home), Mantralaya, Mumbai
6] Hon’ble Deputy Chief Minister (Finance and Planning), Mantralaya, Mumbai,
7] The Private Secretary to the Hon’ble Minister (Labour), Mantralaya, Mumbai,
8] Private Secretaries to all Hon’ble Ministers, Mantralaya, Mumbai,
9] All Hon’ble Members of the Legislature, Maharashtra Legislature Secretariat, Vidhan Bhawan, Mumbai,
10] The Chief Secretary, Maharashtra State, Raj Bhawan, Mumbai,
11] All Additional Chief Secretaries/Principal Secretaries/Secretaries in Mantralaya Departments, Mantralaya, Mumbai,
12] The Principal Secretary, State Legislature, Mumbai,
13] The Development Commissioner, Unorganised Workers, Mumbai,
14] The Commissioner for Labour, Maharashtra State, Mumbai,
15] The Secretary-cum-Chief Executive Officer of the Maharashtra Building and Other Construction Workers Welfare Board, Mumbai,
16] Select File (Kamgar-7).
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[Text Translated and Verified by Adv. Prakash Manohar Chalke-
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