- (1.) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (for short The Act ), was passed by the Parliament and in this writ petition it is alleged that many of the provisions of the enactment are not put in practice and the respective authorities have not complied with the statutory provisions. All the State Governments and Union territories are impleaded as parties in this writ petition. The Act is intended to benefit the unorganized workers in the construction sector. Under Section 6 of the Act, the appropriate Government has to appoint registering officers and under Section 7 of the Act every employer shall register their establishment. The building workers are given various benefits and in order to enable the workers to avail the benefits, each State has to constitute a State Welfare Board. The Board shall consist of a Chairman nominated by the Central Government, and such other Members, not exceeding 15, as may be appointed by the State Government. The Board shall appoint a Secretary as its Chief Executive Officer.
(2.) Under Section 22 of the Act, the Board may provide immediate assistance to the beneficiaries in case of accident, and also pay compensation to those workers who had completed the age of sixty years. The Board may also sanction loans and advances to the beneficiaries and also to give financial assistance for the education of children of the beneficiaries and also to give the benefit of group insurance schemes. The Board can also grant maternity benefit to the female beneficiaries. A construction welfare fund has to be constituted and there are other provisions also to regulate the conditions of service of construction workers. There are also provisions to take care of the safety and health conditions of the workers. In order to implement the provisions there shall be inspecting staff and certain penal provisions are also in the Act to punish those who act in violation of the provisions of enactment.
(3.) The Parliament has also passed the Building and Other Construction Workers Welfare Cess Act, 1996 for the purpose of levy and collection of cess and Section 3 of the Act envisages that- there shall be levied and collected a cess for the purposes of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, at such rate not exceeding two percent; but not less than one per cent of the cost of construction incurred by an employer, as the Central Government may specify for him to time. Section 62 of the Building and Other Construction Workers Welfare Cess Act says that proper Rules are to be framed by the Government after consultation with the expert committee.;