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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 |
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SPECIAL PROVISIONS |
| 24. |
Under Section 44 of the said Act, the employer is responsible for providing constant and adequate supervision of any building or other construction work in his establishment to ensure compliance with all the provisions of this Act. Under Section 45 an employer shall be responsible for payment of wages to each building worker employed by him on such dates prescribed. |
| 25. |
Under Section 46 of the said Act an employer is to send to the Inspector a written notice containing the name and situation of the place where the work is proposed, the name and address of the person who is undertaking the Building or other Construction work, nature of the work involved and the facilities being provided, arrangement for the storage of explosives if any to be used in the work, number of workers likely to be employed during the various stages of the work, the name and designation of the persons who will be in over all charge of the work at the site, the approximate duration of the work. Chapter X of the Act deals with penalties and procedures. |
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THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) CENTRAL RULES, 1998. |
| 26. |
Under Rule 5 it is a duty of the employer to erect scaffolds and to undertake operations in accordance with the STANDARD SAFE OPERATING PRACTICES. Adequate care has to be taken that structures, processes and materials are not dangerous and hazardous. The Board is responsible to ensure that the rules are obeyed. |
| 27. |
Part 3 of the Rules deals with safety and health inter alia dealing with excessive noise, fire protection, emergency action plans, fencing of motors, carrying excessive weights, the framing of an health and safety policy, dangerous environment, falling hazards, fumes etc. corrosive substances, eye and head protection, electrical hazardous and so on. Under rule 39 it is imperative that every establishment employing fifty or more building workers have to prepare a written policy in respect of safety and health of Building workers and submit the same for approval from the Chief Inspector of Inspections of Building and constructions containing the health, safety and environmental protection, organizational arrangements to carry out the policy, responsibility of principal employer, contractor, sub contractor, transporter and other agencies, techniques and methods of assessment of risk to safety, health and environmental and remedial measures, arrangements for training of building workers, trainers and supervisor, etc. |
| 28. |
In particular, whenever it is possible that a worker may fall from a height the employer is required to place a safety net and provide the workman with a safety belt and other devises for his protection. |
| 29. |
Under chapter XXIV of the Rules medical examination of workers is to take place, occupational health centres are to be established and ambulance rooms are to be maintained, and ambulance vans and stretchers should exist on site, medical services such as first aid and emergency treatment must be available. |
| 30. |
Chapter XXVIII of the Rules deals with the welfare of building workers covering |
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