Bocw act
prashant1314
(Querist) 17 December 2011
This query is : Resolved
Dear Experts,
Could you please advise me who is the enforcement authority for Building & Other Construction Workers Act in Maharashtra?
If you definately appreciate if youcould share more information about the said act.
Thanks in advance.
Best Regards,
Raj Kumar Makkad
(Expert) 17 December 2011
The Ministry of Labour in its written comments on each of the five action points raised in the petition explained the position as follows: - (i) In pursuance of the recommendation of the Second National Commission on Labour, consultations with various agencies, Central Ministries/Departments of the Government of India and State Governments have been initiated in the Ministry of Labour for enactment of a comprehensive legislation for unorganized workers in order to provide protection, skill development and training for the workers of this Sector; (ii) The Government have enacted the Building and Other Construction Workers (RECS) Act, 1996 and the Building and Other Construction Workers Welfare Cess Act, 1996 for regulation of employment and conditions of service of the Building and Other Construction Workers as also their safety, health, certain welfare measures like immediate assistance for a beneficiary in case of accident, pension benefits, premia for Group Insurance Scheme, loans and advances for construction of house, assistance for education of children, medical expenses, maternity benefit to female beneficiaries. Under this Act, funds have to be created by collection of cess at the rate not exceeding two per cent of the cost of construction of the Project. As this Act is in the various stages of implementation, suggestions for amendments, if any, would be considered only on the experience of its working after the implementation of the Act in all the States/U.Ts;
(iii) The Inter State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979 has been enacted to protect the interests of migrant workmen who are recruited through or by a contractor in one State for work in another State. The Act, inter alia, provides for registration of principal employer/contractor, issue of pass books to every inter state migrant workman with full details, payment of equal wages for performing same or similar kind of work in establishment along with local labourers, payment of displacement allowance, payment of journey allowance, provision of suitable residential accommodation, medical facilities, etc.
All the State Governments/U.Ts. are responsible for implementation of this Act in their jurisdictions. The State Governments are continuously requested to ensure the implementation of various provisions of the above Act. Suggestions for amendment, if any, would be considered at the time when other proposals/suggestions of the State Governments would be examined; (iv) So far as provision of social security to migrant Indian workers working in other countries of Middle East, South East Asia and Europe is concerned, social security to such workers is provided under the Social Security laws of the concerned countries and the Indian Laws relating to social security do not apply to them.
The suggestion regarding formulation of a Tripartite mechanism in consultation with ILO and UNO would be examined whenever any convention/resolution on the subject in question comes up for consideration of ILO; and (v) There is a separate schedule on Handling and Processing Asbestos annexed to the Model Rule 120 framed under Section 87 of the Factories Act, 1948. This Schedule elaborately prescribes the safety and health requirements in factories involving handling and use of asbestos. The second Schedule to the Factories Act prescribes the permissible limits of exposures in respect of certain chemical substances including asbestos.
These limits have been revised as per the directives of the Hon'ble Supreme Court of India in W.P. 206/1986. Further, under Section 89 of the Act, 29 diseases have been included in the 3rd Schedule as notifiable diseases. As a result of this statutory measure in the organized sector the workers are eligible to receive appropriate medical attention and are thus protected against occupational diseases, arising out of exposure to asbestos. In addition, the Government through Director General, Factory Advise Service & Labour Institute (DG, FASLI) and other institutions under different Ministries provide advice, education and training in the field of occupational health. On the basis of results of these studies, suitable preventive and control measures are suggested to the management of factories for health protection of the workers. ORAL EVIDENCE OF THE PETITIONER
prashant1314
(Querist) 17 December 2011
Dear Makkad Saab,
Thanks for your comment but my question is who is Appropriate Authority in the above Act
Factory Inspector or Labour Commissioner?
Jai Karan Nagwan
(Expert) 18 December 2011
Dear Prashant, authority under the BOCW is the labour commissioner, many states have constituted the Board to look into the welfare of the construction workers. every employer need to get the construction worker registered and pay the contribution for the workers. on the other hand Board under the Act also constituted to collect the cess @1% on the cost of construction. Hope this is clear now
Raj Kumar Makkad
(Expert) 18 December 2011
In the aforesaid reply, it is clearly mentioned that the Labour Commissioner is the appropriate authority. The aforesaid reply also includes the working of the such authority.
Jacob Pratap
(Expert) 24 December 2011
Section 2 of BOCW Act defines the term Appropriate Government as under:-
2. Definitions.- (1) In this Act, unless the context otherwise requires,-
(a) '"appropriate Government" means,-
(i) in relation to an establishment which employs building workers either directly
or through a contractor) in respect of which the appropriate Government
under the Industrial Disputes Act, 1947 (14 of 1947), is the Central
Government, the Central Government;
(ii) in relation to any such establishment, being a public sector undertaking, as
the Central Government may by notification specify which employs building
workers either directly or through a contractor, the Central Government
Explanation.- For the purposes of sub-clause (ii), "public sector undertaking"
means any corporation established by or under any Central, State or
Provincial Act nor a Government. Company as defined in section 617 of the
Companies Act, 1956 (1 of 1956), which is owned, controlled or managed by
the Central Government;
(iii) in relation to any other establishment which employs building workers either
directly or through a contractor, the Government of the State in which that
other establishment is situate;
