IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) No. ______ OF 2006
IN THE MATTER OF: - |
NATIONAL CAMPAIGN COMMITTEE FOR CENTRAL
LEGISLATION ON CONSTRUCTION LABOUR (NCC-CL)
THROUGH ITS CO-ORDINATOR,
SUBASH BHATNAGAR,
B-19, SUBHAVANA NIKETAN,
PRITAM PURA, |
| DELHI-34. |
…PETITIONER |
| VERSUS |
|
performed by them, the number of hours of work which shall constitute a normal working day for them, the wages paid to them, the receipts given by them and such other particulars in such form as may be prescribed. |
| 20. |
Under Section 32 of the said Act, every employer is to mandatorily make effective arrangement to provide and maintain a sufficient supply of wholesome drinking water. Further under Section 33 of the said Act, every place where building or other construction work is carried on, the employer is to provide sufficient latrines and urinal accommodation; such latrines should be connected to water–borne sewage system. under Section 34 of the said Act, an employer is to provide temporary living accommodation to all building workers, free of charge and within or near the work side for the period of work. Under Section 35 of the said Act, creches are to be provided by the employer in every place where there are more than 15 female building worker ordinarily employed. Such rooms are to be made available for the use of children under the age of 6 years. Under Section 36 of the said Act every employer is to provide in all places where building or other construction work is carried on first aid facilities. Further under Section 37 of the said Act, the employer is to provide and maintain a canteen for the use of workers in a place wherein not less than 250 building workers are ordinarily employed. |
| |
SAFETY AND HEALTH MEASURES |
| 21. |
Under Section 38 of the said Act, every establishment wherein 500 or more building workers are ordinarily employed, the employer is to constitute a Safety Committee. In all such establishment the employer is to appoint a Safety Officer. Under Section 39 of the Act the employer is required to give immediate notice to the authorities of accidents taking place. |
| 22. |
Under Section 40 the Respondents are required to make rules for the health and safety of workers. Under Section 41 of the said Act, the Central Government is to frame model rules in respect of all or any of the matters specified under Section 40. The salient features of the rules are set out later in this petition. Under Section 40 of the said Act, the State Government by notification is to make rules regarding the measures to be taken for the safety and health of building workers. The State Governments have to follow these rules made by the Central Government until frame their own rules on matters specified under Section 40 of the said Act. |
| |
INSPECTING STAFF |
| 23. |
Under chapter VIII of the Act inspecting staff is to be appointed. Under Section 42 of the said Act, the Central government is to appoint a Director General of inspector who is responsible for laying down the standards of inspection and is to exercise the power of an Inspector throughout India. Further the State government is to appoint by notification the Chief inspector of inspection of building and construction who shall be responsible for effectively carrying out the provisions of this Act in the State and shall also exercise the powers of the Inspector throughout the State. Further the appropriate government is to appoint Inspectors. The Inspector gets his powers under Section 43 of the said Act for entering into any premises where the building and construction work is going on, examine any person, enquiring any information under the Act, seize or take |
|
|
Next |
