1

SEMINAR

ON LABOUR LAW -II

Construction Labour- Law related to

Construction Labour

SARALA JUWEL ANTAO

S. Y. L.L.M. (2013-14) SEMISTER- III ROLL NO. : 1 P.R. NO: 94150824 G.R. KARE COLLEGE OF LAW MARGAO, GOA

Presented on:

Examiner: Prof Prasanna Kumar

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No INDEX Pg

No

1. Introduction and Problems of Construction Labour 3

2. Living conditions and working condition of Construction workers 4

3. Protection given to Unorganised labourers by the Constitution of India 5

4. Rights of Unorganised Labourers against Exploitations 7

5. Compulsory Service for Public Purposes 7

6. Prohibition of employment of children in factories etc. 8

7. Right of Unorganized Labourers to Constitutional Remedies 9

8. Constitutional Safeguards for the Welfare of Unorganised Labourers 9

9. Global Constitutions Relating to Unorganised Labourers 11

10. Synopsis of the Building And Other Construction Workers (Regulation

of Employment And Conditions Of Service) Act 1996 , Definitions 12

11. Advisory committee and Expert Committee, Registration of

establishment, revocation of registration of the establishment 13

12. Appeal, effect of non-registration, Beneficiaries of the fund,

Registration of a beneficiary 14

13. Identity cards, Cessation and Contribution of a beneficiary 15

14. Effect of non-payments of contribution, Welfare boards, function, 16

15. Welfare Fund and its application, Fixing Hours of work 18

16. Wages for overtime work, Prohibition of certain persons,

Drinking water and Latrines and Urinals 19

17. Accommodation, Crèches, First aid, Canteens 20

18. Safety Officers, Notice of accidents, Rules for the safety of workers 21

19. Inspecting staff, Responsibility of employers, Responsibility for payment

of wages, Notice of commencement of construction, Penalties 24

20. Limitation for prosecutions, Application of Act 8 of 1923,

Welfare Cess Act 27

21. Conclusion and Suggestions 28

22. Bibliography 29

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CONSTRUCTION LABOUR- LAW RELATED TO CONSTRUCTION LABOUR

Construction labour in our country is still unorganised, uncohesive, heterogenous, socio-

economically utterly backward, unskilled and for the most part of the year under

employed. A vast majority of them spend their lives shackled by socio-economic

inequalities. Under this type of labour a worker is employed by his employer in

construction, maintenance, alteration, repair and demolition of buildings. Due to this

hazardous nature of work of construction labour there is a necessity for a specific

legislation regulating more effectively the employment, safety, health, welfare of workers

in the construction and building activities. Not only adult but as well as women labour is

also the victim of this type of labour in our Country. These labourers are being deprived

of basic amenities of life which are provided by the labour laws and the Constitution of

India as well.

Problems of Construction Labourers

Workers working in construction works remain under the bondage of their employers.

They are not getting minimum wages and other facilities provided by the labour laws to

avoid this uncertainty of wages as well as other facilities for the poor class of the society,

the Hon’ble Supreme Court laid down directions in the Asiad Construction Workers case1

that the state is under a constitutional obligation to see that there is no violation of

Fundamental Rights of any person, particularly when he belongs to the weaker sections of

the community and is unable to wage a legal battle against a strong and powerful

opponent who is exploiting him. This can be enforced against the Government by way of

Writ Petition under Article 32 of the Constitution2.

1 AIR 1982 SC 1473 2 Legal Protection to Unorganised Labour- Abdul Majid pg 71

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Living conditions of Construction workers

The living conditions of construction workers in unorganised sectors in our country are

very poor and in human as they are living in kuchha and semi-pucca houses without any

proper arrangements of lighting at night. These huts or houses provided to them by their

employers. These huts or houses are also not having the doors to protect the workers. The

small pieces of waste material of building are put up on the doors of these huts. These

workers are facing numerous problems in their day to day life. For instance there are no

proper arrangements for waste disposal system, sewerage supply, environmental

pollution, entertainment and recreation facilities, sicknesss facilities, non-availability of

health, medical, education institutions, lack of good quality of food and nutritional level.

Working conditions of Construction workers

As regard working, conditions the construction workers work in the open burning sun

during summer and in extremely cold during the winter without adequate shelter and

other basic amenities of life. Even adequate welfare and safety measures are not adopted

intensely. The children who come with their parents are not protected against bad weather

and occupational hazards. They play near the places where the construction work of

building is carried out. The social security measures like payment of Provident fund,

Gratuity, Pensions, safety precautions, compensation in case of accidents, etc, are also not

provided to the construction labourers by their employer. The collective bargaining

powers of these workers have also been found to be very poor as most of them are

illiterate and are not affiliated with the trade unions. They work in remote areas without

possessing adequate education/skill. All this proves that these workers are exploited, and

work under disgraceful working and living conditions.3

3 Legal Protection to Unorganised Labour- Abdul Majid pg 110

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Protection given to Unorganised labourers by the Constitution of India 19504

The Preamble of our constitution says that We, The people of India, having solemnly

resolved to constitute India into of Sovereign Socialist Secular Democratic Republic and

to secure all its citizens.

All laws in force in the territory of India immediately before the commencement of this

Constitution, insofar as they are inconsistent with the provision of this part, shall to the

extent of such inconsistency, be void.

Article 13- The State shall not make any law which takes away or abridges the rights

conferred by this part and any law made in contravention of this clause shall, to the extent

of the contravention, be void.

Article 14- Our constitution provides for equality before the law and says that the State

shall not deny to any person equality before the law or the equal protection of the laws

within the territory of India.

Article 15- Our Constitution prohibits the discrimination on grounds of religion, race,

caste, sex or place of birth.

Article 15(3)- nothing in this Article shall prevent the state from making any special

provision for women and children.

Article 15(4 )- nothing in this Article or in clause (2) of Article 29 shall prevent the State

from making any special provision for the advancement of any socially and educationally

backward classes of citizens or for the Scheduled Castes and Schedules Tribes.

Article 16- equality of opportunity in matters of public employment is guaranteed.

Article 17- Our grand norm further says that “untouchability” is abolished and its

practice in any form is forbidden. The enforcement of any disability arising out of

“untouchability” shall be an offence punishable in accordance with law.

4 4 Legal Protection to Unorganised Labour- Abdul Majid pg 160

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Article 19- Various freedoms have been provided by our constitution to all irrespective of

their status. Therefore, the unorganized workers are also entitled to the freedoms:

(a) To freedom of speech and expression;

(b) To assemble peacefully and without arms;

(c) To form association or unions;

(d) To move freely throughout the territory of India;

(e) To reside and settle in any part of the territory of India;

(f) To acquire, hold and dispose of property ; and

(g) To practice any profession, or to carry on any occupation, trade or business.

Article 21- Our constitution safeguards very valuable right to life and personal liberty of

the citizens of India including unorganized labourers. It says that no person shall be

deprived of his life or personal liberty except according to procedure established by law.

Hon’ble Supreme Court of India has widened the scope of Art. 21 and created new

constitutional safeguards to unrecognized labourers. In Maneka Gandhi’s case5 the Court

held that the right to `live` is not merely confined to physical existence but it includes

within its ambit the right to live with human dignity.

The Supreme Court in People Union for Democratic Rights v. Union of India,6 held that

non-payment of minimum wages to the workers employed in various Asiad Projects in

Delhi was a denial to them of their right to live with basic human dignity and violative of

Art. 21 of the Constitution.

In Olga Tellis v. Bombay Municipal Corporation,7 popularly known as the `pavement

dwellers” case’ a five judge bench of the Court has finally ruled that the world `life` in

Art. 21 include the ‘right of livelihood’ also.

5 AIR 1978 SC 597 6 AIR 1982 SC 1473 7 AIR 1986 SC 180

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Rights Of Unorganised Labourers Against Exploitations

Article 23 of the Constitution prohibits traffic in human being and begar and other similar

forms of forced labour. The second part of this Article declares that any contravention of

this provision shall be an offence punishable in accordance with law. It protects the

individual not only against the State but also against private citizen. It imposes a positive

obligation on the State to take steps to abolish evils of “traffic in human being” and other

similar forms of forced labour and prohibits the system of ‘bonded labour’. It is to be

noted that the protection of this Article is available to both citizen as well as non-citizens.

In Deena v. Union of India,8 Supreme Court observed that it was held that labour taken

from prisoners without paying proper remuneration was “forced labour” and violative of

Art. 23 of the Constitution. The prisoners are entitled to payment of reasonable wages for

the work taken from them and the Court is under duty to enforce their claims.

In Bandhua Mukti Morcha v. Union of India,9 Article 23 which prohibits ‘forced labour’

in any form. Various State laws make it an offence to compel a person to work against his

will or without payment of wages.

Compulsory Service For Public Purposes

Clause (2) of Article 23 contains an exception to the above general rule. Under this clause

the State is empowered to impose compulsory service for public purposes. But in

imposing such compulsory service the State cannot make any discrimination on ground

only of religion, race, caste, or class or any of them. For example, compulsory military

service or social services can be imposed because they are neither begar nor traffic in

human beings.

8 AIR 1983 SC 1134 9 AIR 1984 SC 802

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Prohibition of employment of children in factories etc.

Article 24 of the Constitution prohibits employment of children below 14 years of age in

factories and hazardous employment. The provision is certainly in the interest of public

health and safety of life of children. Children are assets of the nation.

Article 39 of the Constitution imposes upon the State an obligation to ensure that the

health and strength of workers, men and women and the tender age of children are not

abused and that citizens are not forced by economic necessity to enter avocations unsuited

to their age or strength.

In People’s Union for Democratic Rights v. Union of India10, it was contended that the

Employment of Children Act, 1938 was not applicable in case of employment of children

in the construction work of Asiad Projects in Delhi since construction industry was not a

process specified in the schedule to the Children Act. The Court rejected this contention

and held that the construction work is hazardous employment and therefore no child

should be employed in Construction Industries which is not specified in the schedule.

Expressing concern about the ‘sad and deplorable conditions’, Bhagwati, J., advised the

State Governments to take immediate steps for inclusion of construction work in the

schedule to the Act and to ensure that the constitutional mandate of Article 24 is not

violated in any part of the country. The Court has reiterated the principle that the

construction work is a hazardous employment and children below 14 cannot be employed

in this work.

In the light of Supreme Court decision in favour of certain classes of unorganized

labourers the Children (Pledging of Labour) Act 1933 has been enacted.

10 AIR 1982 SC 1473

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Right Of Unorganized Labourers To Constitutional Remedies

Our Constitution guarantees the right to move the Supreme Court by “appropriate

proceedings’’ for the enforcement of the fundamental rights conferred by Part III of the

Constitution. It also confers power on the Supreme Court to issue appropriate directions

or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition,

quo-warranto and certiorari. It is clear from Article 32(1) that whenever there is a

violation of fundamental right any person can move the Court for an appropriate remedy.

The Court made it clear that the strategy of public interest litigation has been evolved by

this Court with a view to bringing justice within the easy reach of the poor and the

disadvantaged sections of the community.

Constitutional Safeguards For The Welfare Of Unorganised Labourers

The Directive principles lay down certain economic and social policies to be pursued by

the various Governments in India; they impose certain obligations on the State positive

action in certain directions in order to promote the welfare of the people and achieve

economic democracy so that unorganised labourers may be protected from economic

exploitation.

Article 39(1) The state shall strive to promote the welfare of the people by securing and

protecting as effectively as it may a social order in which justice, social, economic and

political, shall in for, all the institutions of the national life.

(2) The State shall, in particular, strive to minimize the inequalities in income, and

endeavour to eliminate inequalities in status, facilities and opportunities, not only

amongst individuals but also amongst groups of people residing in different areas or

engaged in different vocations. It further enjoins upon the state to direct its policy towards

securing:

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(a) That the citizens, men and women equally have the right to an adequate means to

livelihood;

(b) That the ownership and control of the material resources of the community are so

distributed as best to subserve the common good;

(c) That the operation of the economic system does not result in the concentration of

wealth and means of production to the common detriment;

(d) That there is equal pay for equal work for both men and women;

(e) That the health and strength of workers, men and women, and the tender age of

children are not abused and that citizens are not forced by economic necessity to enter

avocation unsuited to their age or strength.

(f) That children are given opportunities and facilities to develop in a healthy manner and

in conditions of freedom and dignity and that childhood and youth are protected

against exploitation against moral and material abandonment. The state shall secure

that the operation of the legal system promotes justice, on a basic of equal

opportunity, and shall, in particular, provide free legal aid, by suitable legislation or

schemes or in any other way, to ensure that opportunities for securing justice are not

denied to any citizen by reason of economic or other disabilities.

Article 45 provides for free and compulsory education for children until they complete

the age of fourteen years.

Article 46 provides that educational and economic interests of Scheduled Castes,

Scheduled Tribes and other weaker sections of the society shall be protected from social

injustice and all forms of exploitations. The constitution further imposes duty upon the

State to raise the level of nutrition and the standard of living and to improve public

health11.

11 Constitution of India- Avtar Singh

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Global Constitutions Relating To Unorganised Labourers

(i) Constitution of United State of America

The 13th Amendment of the United States of America Constitution (1776), declares:

Section 1: Neither slavery not involuntary servitude except as punishment for crime

whereof the part shall have been duly convicted, shall exist within the United States or

any place subject to their jurisdiction.

Section 2: The Congress shall have power to enforce this Article by appropriate

legislation.

(ii) Constitution of Burma

Article 19 of the Constitution of Burma, 1948 states- (1) Traffic in human beings, (2)

forced labour in any form, and (3) involuntary servitude except as a punishment for crime

whereof the party shall have been duly convicted, shall be prohibited.

(iii) Constitution of Japan

Article XVIII of the Japanese Constitution, 1946 states-No person shall be held in

bondage of any kind. Involuntary servitude, except as punishment for crime is prohibited.

(iv) Constitution of Federal Republic of Germany, 1949 enunciates:

(a) All the Germans have the right of free choice of occupation, place and employment

and place of training. The pursuit of occupation may be regulated by legislation.

(b) No one shall be forced to do a particular job except in virtue of an established general

obligation to perform a public service lying equally upon all.

(c) Forced labour is only permissible where a sentence of imprisonment is ordered by a

court.

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Synopsis Of The Building And Other Construction Workers (Regulation Of

Employment And Conditions Of Service) Act 199612

Definitions

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

communication dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts,

aquaducts, pipelines, towers, cooling towers, transmission towers and such other work 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, semiskilled 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 any such person-

(i) who is employed mainly in a managerial or administrative capacity; or.

(ii) who, being employed in a supervisory capacity, draws wages exceeding one thousand

six hundred rupees per 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;

12 www.construction act visited on 1/11/2013

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The Advisory Committees And Expert Committees Under The Act

The Central and State Government has been empowered to constitute the Central/State

Building and Other Construction Workers Advisory Committee and 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.

Registration of Establishments-Appointment

The appropriate Government may, by order notified in the Official Gazette, appoint such

persons being Gazetted Officers of Government, as it thinks fit, to be the registering

officers for the purposes of this Act and define the limits within which a registering

officer shall exercise the powers conferred on him by or under this Act.

Registration of establishments

Every employer of an establishment to which this Act applies and to which this Act may

be applicable at any time is required to make an application in the prescribed form with

prescribed fee for the registration of his establishment within a period of sixty days of the

commencement of the Act or within sixty days from the date on which this Act becomes

applicable to the establishment.

Revocation of registration in certain cases

If the registration of any establishment has been obtained by misrepresentation or by

suppression of any material fact of if the provisions of the Act are not being complied

with in relation to any work carried on by such establishment, the registration may be

revoked by the registering officer by giving an opportunity to the employer of the

establishment to be heard.

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Appeal

If any employer of an establishment is aggrieved by an order of the registering officer he

can prefer an appeal to the appellate officer within thirty days from the date on which the

order is communicated to him. Appeal can be made even after the expiry of thirty days if

the appellant satisfies the appellate officer that he was prevented by sufficient cause from

filing the appeal in time.

Effect of non-registration

No employer of an establishment which is required to be registered but has not been

registered or registration of such an establishment has been revoked and no appeal his

been preferred or where an appeal has been preferred but it has been dismissed, can

employ building workers in the establishment.

Beneficiaries of the Fund- Subject to the provisions of this Act, every building worker

registered as a beneficiary under this Act shall be entitled to the benefits provided by the

Board from its Fund under this Act.

Registration of building workers as beneficiaries.- Every building worker who is

between the age of eighteen and sixty and who has been engaged in any building or other

construction work for not less than ninety days during the last 12 months is eligible for

registration as a beneficiary of the Building and Other Construction Workers' Welfare

Fund. Application for registration is to be made in the prescribed form and is to be

accompanied with prescribed documents and a fee of not more than fifty rupees.13

13 Dr V.G.Goswami Labour and Industrial Laws

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Identity cards.-

(1) The Board shall give to every beneficiary an identity card with his photograph duly

affixed thereon and with enough space for entering the details of the building or other

construction work done by him.

(2) Every employer shall enter in the identity card the details of the building or other

construction work done by the beneficiary and authenticate the same and return it to

tile beneficiary.

(3) A beneficiary who has been issued an identity card under this Act shall produce the

same whenever demanded by any officer of Government or the Board, any inspector

or any other authority for inspection.

Cessation as a beneficiary.-

A building worker who has been registered as a beneficiary under this Act shall cease to

be as such when he attains the age of sixty years or when he is not engaged in building or

other construction work for not less than ninety days in a year:

Contribution of building workers.-

A registered beneficiary, until he attains the age of sixty years, has to contribute to the

Fund at the rates specified by the State Government. If any beneficiary is unable to pay

his contribution due to any financial hardship, the Building and Other Construction

Workers' Welfare Board can waive the payment of contribution for a period not

exceeding three months at a time.14

14 Labour and Industrial Law- S.N.Mishra

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Effect of non-payment of contribution.-

If any beneficiary fails to pay his contribution for a continuous period of not less than one

year, he ceases to be a beneficiary of the Fund. But if the failure to pay the contribution

was for a reasonable ground and the building worker is willing to deposit the arrears, his

registration may be restored.

Building And Other Construction Workers' Welfare Boards

Constitution of State Welfare Boards.-

Every State Government shall, with effect from such date as it may, by notification,

appoint, constitute a Board to be known as the (name of the State) Building and Other

Construction Workers' Welfare Board to exercise the powers conferred on, and perform

the functions assigned to, it under this Act. The Board shall consist of a chairperson, a

person to be nominated by the Central Government and such number of other members,

not exceeding fifteen, as may be appointed to it by the State Government. The Board shall

include an equal number of members representing the State Government, the employers

and the building workers and that at least one member of the Board shall be a woman.

Functions of the Boards.-

(a) provide immediate assistance to a beneficiary in case of accident;

(b) make payment of pension to the beneficiaries who have completed the age of sixty

years;

(c) sanction loans and advances to a beneficiary for construction of a house not

exceeding such amount and on such terms and conditions as may be prescribed;

(d) 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;

(f) 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, so, 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 grant-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,15

15 Industrial Labour in India- Y.B.SIngh

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Building and Other Construction Workers' Welfare Fund and its application.-

(1) There shall be constituted by a Board a fund to be called the Building and other

Construction Workers' Welfare Fund and there shall be credited thereto-

(a) any grants and loans 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,

(2) The Fund shall be applied for meeting-

(a) expenses of the Board in the discharge of its functions and

(b) salaries, allowances, remuneration of the members, officers and employees.

(c) expenses on objects and for purposes authorised by this Act.

(3) No Board shall, in any financial year, incur expenses towards salaries, allowances and

other remuneration to its members, officers and other employees and for meeting the

other administrative expenses exceeding five percent of its total expenses during that

financial year.

Hours Of Work, Fixing hours for normal working day, etc.-

(1) The appropriate Government may, by rules.-

(a) fix the number of hours of work which shall constitute normal working day for a

building worker, inclusive of one or more specified intervals;

(b) provide for a day of rest in every period of seven days which shall be allowed to all

building workers and for the payment of remuneration in respect of such days of rest;

(c) provide for payment of work on a day of rest at a rate not less than the overtime

rate..

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Wages for overtime work.-

Where any building worker is required to work on any day in excess of the number of

hours constituting a normal working day he shall be entitled to wages at the rate of twice

his ordinary rate of wages. For the purposes of this section, "ordinary rates of wages"

means tile basic wages plus such allowances as tile worker is for the time being entitled to

but does not include any bonus.

Prohibition of employment of certain persons in certain building or other

construction work.-

No person about whom the employer knows or has reason to believe that he is a deaf or

he has a defective vision or he has a tendency to giddiness shall be required or allowed to

work in any such operation of building or other construction work which is likely to

involve a risk of any accident either to the building worker himself or to any other person.

Drinking water.-

The employer shall make in every place where building or other construction work is in

progress, provide sufficient supply of drinking water. All such points shall be legible

marked ‘Drinking Water’ in a language understood by a majority of the person employed

and shall not be situated within six metres of any washing place, urinal or latrine.

Latrines and urinals.-

In every place where building or other construction work is carried on, the employer shall

provide sufficient latrine and urinal accommodation of such types as may be prescribed

and they shall be so conveniently situated as may be accessible to the building workers at

all times while they are in such place.

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Accommodation.-

The employer shall provide, free of charges and within the work site or as near to it as

may be possible temporary living accommodation to all building workers employed by

him for such period as the building or other construction work is in progress. The

temporary accommodation shall have separate cooking place bathing, washing and

lavatory facilities

Creches.-

In every place where in more them fifty female building workers are ordinarily employed,

there shall be provided and maintained, a suitable room or rooms for the use of children

under the, age of six years of such female workers. Such rooms shall be adequately

lighted and ventilated and be maintained in a clean and sanitary condition. And shall be

under the charge of women trained in the care of children and infants.

First-aid.-

Every employer shall provide in all the places where building or other construction work

is carried on such first-aid facilities as may be prescribed.

Canteens.-

The appropriate Government may, by rules require the employer to provide and maintain

in every place wherein not less than two hundred and fifty building workers are ordinarily

employed, a canteen for the use of the workers.16

16 Social Security of Industrial Law- S.D.Srivastava

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Safety And Health Measures

Safety Committee and safety officers.-

In every establishment wherein five hundred or more building workers are ordinarily

employed, the employer shall constitute a Safety Committee consisting of such number of

representatives of the employer and the building workers as may be prescribed by the

State Government:

Notice of certain accidents.-

Where in any establishment an accident occurs which causes death or which causes any

bodily injury by reason of which the person injured is prevented from working for a

period of forty-eight hours or more immediately following the accident, or which is of

such a nature as may be prescribed, the employer shall give notice thereof to such

authority, in such form and within such time as may be prescribed. On receipt of a notice

the authority may make such investigation or inquiry as it considers necessary. Where a

notice given relates to an accident causing death of five or more persons, the authority

shall make an inquiry into such accident within one month of the receipt of the notice.

Power of appropriate Government to makes rules for the safety and health of

building workers.-

The appropriate Government may, by notification, make rules regarding the measures to

be taken for the safety and health of building workers in the course of their employment

and the equipment and appliances necessary to be provided to them for ensuring their

safety, health and protection, during such employment. Such rules may provide for all or

any of the following matters, namely:-

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(a) the safe means of access to, and the safety of, any working place, including the

provision of suitable and sufficient scaffolding at various stages when work cannot be

safely done from the ground or from any part of a building or from a ladder or such

other means of support;

(b) the precautions to be taken in connection with the demolition of the whole or any

substantial part of a building or other structure under the supervision of a competent

person child the avoidance of danger from collapse of any building or other structure

while removing any part of the framed building or other structure by shoring;

(c) the handling or use of explosive under the control of competent persons so that there is

no exposure to the risk of injury from explosion or from flying material;

(d) the erection installation, use and maintenance of transporting equipment, such as

locomotives, trucks, wagons and other vehicles and trailers and appointment of

competent persons to drive or operate such equipment;

(e) the erection, installation, use and maintenance of hoists, lifting appliances and lifting

gear including periodical testing and examination and heat treatment where necessary,

precautions to be taken while raising or lowering loads, restrictions on carriage of

persons and appointment of competent persons on hoists or other lifting appliances;

(f) the adequate and suitable lighting of every workplace and approach thereto, of every

place where raising or lowering operations with the use of hoists, lifting appliances or

lifting gears are in progress and of all openings dangerous to the workers employed;

(g) the precautions to be taken to prevent inhalation of dust, fumes. gases or vapours

during any grinding, cleaning, spraying or manipulation of only material and steps to

be taken to secure and maintain adequate ventilation of every working place;

(h) the measures to be taken during stacking or unstacking, stowing or unstowing of

materials or goods or handling in connection therewith;

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(i) the safeguarding of machinery including the fencing of every fly-wheel and every

moving part of prime mover and every part of transmission or other machinery, unless

it is in such a position or of such construction as to be safe to every worker working

only of the operations and as if it were securely fenced:

(j) the safe handling and use of plant, including tools and equipment operated by

compressed air:

(k) the precaution to be taken in case of fire;

(l) the limits of weight to be lifted or moved by workers;

(m) the safe transport of workers to or from any workplace by water and provision of

means for rescue from drowning;

(n) the steps to be taken to prevent danger to workers from live electric wires or

apparatus including electrical machinery and tools and from overhead wires;

(o) the keeping of safety nets, safety sheets and safety belts where the special nature or

the circumstances of work render them necessary for the safety of the workers;

(p) the standards to be complied with regard to scaffolding, ladders and stairs, lifting

appliances. ropes, chains and accessories, earth moving equipment and floating

operational equipments;

(q) the precautions to be taken with regard to pile driving, concrete work, work with hot

asphalt, tar or other similar things, insulation work, demolition operations, excavation,

underground construction and handling materials;

(r) the information to be furnished to the Bureau of Indian Standard established under the

Bureau of Indian Standards Act, 1986 (63 of 1986), regarding the use of any article or

process covered under that Act in an building or other construction work:

(s) the provision and maintenance of medical facilities for building workers; and any

other matter concerning the safety and health of the workers

24

Inspecting Staff -Appointment of Director-General, Chief Inspector and Inspectors.-

The Central Government and State Government may, by notification, appoint a Gazetted

Officer of the Government to be the Director-General of Inspection/ Chief Inspector who

shall be responsible for laying down the standards of inspection and shall also exercise

the powers of an Inspector throughout India in relation to all the establishments for which

the Central Government is the appropriate Government.

Responsibility of employers.-

It is the responsibility of the employer to provide constant and adequate supervision of

any building or other construction work as to ensure compliance with the provisions of

the Act relating to safety and for taking all steps necessary to prevent accidents.

Responsibility for payment of wages and compensation.-

An employer is responsible for payment of wages to each building worker employed by

him and wages shall be paid on or before the prescribed date. In case the contractor fails

to make payment of compensation or makes short payment, and in the case of death or

disablement of the building worker, the employer is liable to make payment of that

compensation in full or unpaid balance and is entitled to recover the amount so paid from

the contractor.

Notice of commencement of building or other construction work.-

(1) An employer shall, at least thirty days before the commencement of any building or

other construction work, send to the Inspector having jurisdiction in the area where the

proposed building or other construction work is to be executed, a written notice

containing-

25

(a) the name and situation of the place where the building or other construction work is

proposed to be carried on;

(b) the name and address of the person who is undertaking the building or other

construction work:

(c) the address to which communications relating to the building or other construction

work may be sent;

(d) the nature of the work involved and the facilities, including any plant and machinery,

provided;

(e) the arrangements for the storage of explosives, if any, to be used in the building or

other construction work;

(f) the number of workers likely to be employed during the various stages of building or

other construction work;

(g) the name and designation of the person who will be in overall charge of the building

or other construction work at the site;

(h) the approximate duration of the work;

(i) such other matters as may be prescribed.

(2) Where any change occurs in any of the particulars furnished, the employer shall

intimate the change to the Inspector within two days of such change.

(3) It shall not apply in case of such class of building or other construction work as the

appropriate Government may by notification specify to be emergent works.

Penalty for contravention of provisions regarding safety measures.-

Contravention of any rules made for the safety and health of building and other

construction workers is punishable with imprisonment upto three months, or with fine

upto two thousand rupees or with both. Continuing contravention is punishable with

26

additional tine upto one hundred rupees for every day after conviction for the first

contravention, If any person, who has been convicted of any offence cited above and is

again guilty of an offence involving a contravention or failure of compliance of the same

provision he shall be punishable on a subsequent conviction with imprisonment upto six

months, or with fine of not less than five hundred rupees but which may be upto two

thousand rupees or with both.

Penalty for failure to give notice of the commencement of the building or other

construction work.-

Where an employer fails to give notice of tile commencement of the building or other

construction work, he shall be punishable with imprisonment for a term which may

extend to three months, or with fine which may extend to two thousand rupees, or both.

Penalty for obstructions.-

If any body obstructs an Inspector in the discharge of his duties or refuses or wilfully

neglects to afford any reasonable facility to the Inspector for making any inspection,

examination or inquiry or investigation, or refuses to produce on the demand any register

or other document or prevent any person from appearing before, or being examined by an

Inspector, is to be punished with imprisonment upto three months, or with fine upto one

thousand rupees, or with both.

Offences by companies.- Where an offence under this Act has been committed by a

company, every person who was in charge or responsible to the company for the conduct

of the business, as well as the company, shall be deemed to be guilty of the offence and

shall be liable to be proceeded against and punished accordingly:

27

Limitation of prosecutions.-

No court shall take congizance of an offence punishable under this Act unless the

complaint thereof is made within three months from the date on which the alleged

commission of the offence came to the knowledge of the Director-General, the Chief

Inspector, an office-bearer of a voluntary organisation or, as the case may be, an office-

bearer of any concerned trade union.

Application of Act 8 of 1923 to building workers.-

The provisions of the Workmen's Compensation Act, 1923, shall so far as may be, apply

to building workers as if the employment to which this Act applies had been included in

the Second Schedule to that Act.

The Building And Other Construction Workers' Welfare Cess Act, 1996

With a view to provide for the levy and collection of a cess on the cost of construction

incurred by the employers for the State Building and Other Construction Workers'

Welfare Boards and the cost of collection not exceeding one per cent of the cess. For the

purposes a cess at the rate of one per cent of the cost of construction incurred by the

employer is to be levied and collected, vide S.O. 2899, dated 26th September. 1996. Levy

and collection of cess not exceeding 2% but not less than 1% of the cost of construction

incurred by an employer (at present the rate of cess is 1%.), assessment of cess.

Penal Provisions: For failure to pay the amount of cess within the specified date,

prescribed authority can impose penalty not exceeding the amount of cess. Penalty with

imprisonment upto 6 months or with fine upto Rs. 1000/- or with both is prescribed for

furnishing false returns.

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Conclusion & Suggestions

The existing legislations and developmental schemes have been, by and large, proved to

be ineffective to improve the socio-economic conditions of construction labourers. The

economic inequality should be reduced by providing resources of employment generation

and prohibition of economic exploitation. The woman’s maternity function which has

been accorded recognition by the Constitution under Article 42 and for which social

security is provided under the Employees’ State Insurance Act, 1948 and the Maternity

Benefit Act, 1961 should be made available to the women workers of unorganised

industries. The Government should make necessary amendments before extending them

to unorganised sector and ensure effective implementation.

From the foregoing analysis it is very much clear that the object of the preamble of

our constitution to some extent has been achieved but much more is still to be achieved.

Political influences and economic and social exploitations of the have-nots by the haves

of our society still exist; the standards of living and wages of construction labourers are

yet to be raised. Inspite of various constitutional safeguards provided to the down-

troddens, the problem of unemployment is still in rampant in our country which is yet to

be eradicated. But with all this the efforts of our Governments of the Union and States

cannot be ignored in this direction. Our Governments are really very encouraging and

substantial in the implementation of certain constitutional safeguards for the welfare of

construction labourers.

The awareness amongst unorganised labourers regarding the Constitutional

safeguards provided to them should be developed through literacy camps in unorganized

sectors. The mass media, various sources of communication. NGOs and other voluntary

organizations, educational media and special governmental machinery should be

effectively used in this regard.

29

Bibliography

Books Referred: -

1. Dr V.G.Goswami Labour and Industrial Laws (social security legislation in India)

2. Mishra S N Labour and Industrial laws Central law publication

Allahabad 20th Edition 2004

3. Y B Singh Industrial Labour in India [Part-I] 1960

4. Shrivastava S. C. Social security and labour law Eastern Book Company

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