- (1.) The Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act, 1996 (for short "the Act") came into force on 1-3-1996. In this petition filed under Article 32, the petitioner, National Campaign Committee for Central Legislation on Construction Labour contends that many of the States and Union Territories have not effectively implemented the provisions of the said Act.
(2.) The object of the Act is to confer various benefits to the construction workers, like fixing hours for normal working days, weekly paid rest day, wages for overtime, basic welfare amenities at site, temporary living accommodation near site, safety and health measures, etc. Every State is required to constitute a State Welfare Board to provide assistance in case of accident, to provide pension, to sanction loans, to provide for group insurance, to provide financial assistance for educating children, medical treatment, etc. Though the Welfare Boards were to be constituted with adequate full-time staff, many States have not constituted the Welfare Boards. In some States, even though the Boards are constituted, they are not provided with necessary staff or facilities. As a result, welfare measures to benefit the workers are not been taken.
(3.) Section 3 of the Building and Other Construction Workers' Welfare Cess Act, 1996 (for short "the Cess Act"), provides for collection of cess from every employer at the rates prescribed, on the cost of construction incurred by an employer. We are told that many of the State Governments have collected the cess as contemplated under the Cess Act. But these amounts have not been passed on to the Welfare Boards to extend the benefits to the workers as contemplated by the Act. Even the registration of building workers as beneficiaries under the Act is not being taken up. Overall, the implementation of the provisions of the Act is far from satisfactory. There is an urgent need to extend the benefits of the Act to the unorganised section of building workers in a meaningful manner.;