The Government of Himachal Pradesh has notified the Himachal Pradesh Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Amendment Rules, 2025 on 5th July 2025. This amendment significantly changes the governance, pay structure, and functioning of the HP BOCW Welfare Board, directly impacting construction workers, employers, and policymakers.
Legal Basis of the Amendment
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Parent Law: Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.
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State Rules: Himachal Pradesh BOCW Rules, 2008.
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Authority: Section 40 and 62 read with Section 18 of the BOCW Act.
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Consultation: Framed in consultation with the Expert Committee under Section 5 of the Act.
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Notification Date: 5th July 2025.
This amendment comes into force from its publication in the Rajpatra (e-Gazette) of Himachal Pradesh.
Key Amendments
1. Tenure of Chairperson and Members – Rule 251(2)
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New Tenure: 3 years from the date of appointment.
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Continuation Clause: Chairperson and members will continue in office until their successor is appointed.
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Removal Power: The State Government can remove the Chairperson or any member at any time.
2. Pay, Allowances, and Headquarters – New Rule 259(5)
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Headquarters: Chairperson will be stationed at the Board headquarters.
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Pay & Allowances: Same as those admissible to a Secretary to the Government of Himachal Pradesh.
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TA/DA & Other Facilities: As applicable to a Secretary to the Government.
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Controlling Officer: Minister of Labour, Employment & Overseas Placement, Himachal Pradesh.
Effect and Impact of the Amendment
1. Administrative Impact
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Continuity in Leadership: No governance vacuum due to the “continue till successor” provision.
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Enhanced Authority: Government retains strong control through the power to remove members at any time.
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Higher Status of Chairperson: Aligning pay and perks with a Secretary-level officer professionalizes the Board’s leadership.
2. Financial Impact
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Higher Administrative Costs: Secretary-level salary and allowances will increase expenditure from the Board’s funds.
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Impact on Welfare Fund: Administrative expenses may slightly reduce the funds available for worker welfare unless efficiency improves.
3. Impact on Workers
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Improved Governance: Professionalization can improve timely disbursal of welfare schemes such as pensions, maternity benefits, and health support.
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Risk of Politicization: Discretionary removal powers may lead to political influence in Board appointments, potentially affecting impartial welfare administration.
4. Legal and Compliance Implications
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Consistency with Law: Aligns with Section 18 of the BOCW Act regarding the functioning of the State Welfare Board.
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Judicial Scrutiny Possible: Unchecked removal powers may face challenges under Articles 14 and 21 of the Constitution if exercised arbitrarily.
Comparative Perspective with Other States
| State | Tenure of Chairperson | Pay & Allowances |
|---|---|---|
| Himachal Pradesh (2025) | 3 years; continues till successor | Equal to Secretary to Government |
| Maharashtra | 3 years | Fixed honorarium |
| Karnataka | 3 years | Equivalent to senior government officer |
Himachal Pradesh now offers one of the most financially attractive Chairperson positions in India.
Conclusion
The Himachal Pradesh BOCW Amendment Rules, 2025 bring in:
✅ Stronger governance structure,
✅ Higher pay for leadership,
✅ Risk of increased administrative costs, and
✅ Potential for legal scrutiny over removal powers.
If implemented transparently, these rules will strengthen the welfare of construction workers while modernizing the BOCW Board’s governance.
🔗 Legal Reference: [BOCW Act, 1996 – Section 18, 40, 62]
📅 Notification Date: 5 July 2025
