LETTER

 
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
  implementation of Building and other Construction workers Welfare Board Acts and Cess Acts all over the States.
43. In June 2000 1st Central Advisory Committee (CAC) was formed which met only thrice although the Act provide for a meeting every six months and then for next 2½ years, the 2nd Central Advisory Council was not constituted, thus the very purpose of the CAC was defeated by the inaction of the DG (LW) office. The suggestions given at the meeting had no result.
44. Central Advisory Council which was reconstituted in January 2006 and met last on 3rd Feb, 06 at which the following information was circulated as the information received from the State Governments regarding the implementation of the Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act 1996 as on 31.01.2006.
45. The information given in below at the CAC meeting agenda on 3/2/06 is also misleading and it does not give the real information about the amount of cess collected and number of construction workers registered as beneficiaries and the amount utilize to give benefits to the registered workers.
  INFORMATION RECEIVED FROM THE STATE GOVERNMENTS REGARDING IMPLEMENTATION OF THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996. (As on 31.01.2006):
.

1

Andhra Pradesh

·                                 Rules under the Act have not been framed so far.  I

·                                 State Welfare Board has not been constituted.    I

·                                 State Advisory Committee has not been constituted.I

·                                 Authorities under the main Act and Cess Act have been notified on 25-8-99

2

Arunachal Pradesh

·                                 Rules under the Act have not been framed so far.

·                                 State Welfare Board has not been constituted.

·                                 State Advisory Committee has not been constituted.

·                                 Authorities under the main Act and Cess Act have not been notified.

3

Assam

·                                 Welfare Board has been constituted. Implementing authorities notified.

·                                 Drafting of Rules are under process.

·                                 State Advisory Committee has not been constituted

4

Bihar

·                                 Rules under the Act have been framed and sent to the Govt. approval.

·                                 State Welfare Board has not been constituted.

·                                 State Advisory committee has not been constituted.

·                                 Expert Committee has been constituted ant notified

5

Goa

·                                 Rules under the Act have not been framed so far. State

·                                 Welfare Board has not been constituted. The Expert Committee has been constituted.

·                                 State Advisory Committee has been constituted.

6

Gujarat

·                                 State Rules have been framed and notified on 18/ 8/ 2003.

·                                 Welfare Board has been constituted

·                                 State Advisory Committee has been constituted. The Expert committee has been constituted.

7

Haryana

·                                 Haryana Building and Other Construction Workers (RECS) Rules have been Notified on 29.03.2005.  i

·                                 State Welfare Board has not been constituted.    I

·                                 The Expert Committee has not been constituted.   I

·                                 State Advisory Committee has not been constituted

8

Himachal Pradesh

 

·                                 Rules under the Act have not been framed.

·                                 State Welfare Board has not been constituted.

·                                 The Expert Committee has not been constituted.

·                                 State Advisory Committee has not been constituted.

9

J&K

·                                 Rules under the Act have not been framed.

·                                 State Welfare Board has not been constituted.

·                                 The Expert Committee has been constituted.

·                                 State Advisory Committee has not been constituted

10

Karnataka

·                                 Rules under the Act have not been framed.   I

·                                 State Welfare Board has not been constituted.    !

·                                 The Expert Committee has been constituted.    I

·                                 State Advisory Committee has not been        constituted.    I

·                                 Karnataka is contemplating to bring its own Kanataka Manual I

11

Kerala

·                                 Rules under the Act have not been framed.

·                                 State Welfare Board has not been constituted.

·                                 The Expert Committee has been constituted.

·                                 State Advisory Committee has been constituted.

·                                 (The state government had enacted the Kerala Construction Workers' Welfare Fund Act, 1989 and transferred It to the Kerala.

12

Madhya Pradesh

·                                 Building and Other Construction Workers' Welfare Board). State Advisory Committee has been constituted.

·                                 The State Rules under the Act have been formulated and notified.

·                                 Madhya Pradesh Building & Other Construction Workers Welfare Board has been constituted and notified on 10.4.2003.

·                                 The Act is being emnumented.  !

13

Maharashtra

·                                 State rules under the Act have not been finalized.

·                                 State Advisory Committee constituted.

·                                 Expert Committee has been constituted.

·                                 Registering Officers, Appellate Authority,

·                                 Inspectors under the Acts have been notified.

·                                 Welfare Board has not been constituted.

14

Manipur

·                                 Rules under the Act have not been framed.

·                                 State welfare Board has not been constituted.

·                                 The Expert Committee has been constituted.

·                                 State Advisory Committee has not been constituted.

15

Meghalaya

·                                 Rules under the Act have not been framed.

·                                 State welfare Board has not been constituted.

·                                 The Expert Committee has been constituted.

·                                 State Advisory Committee has not been constituted.

16

Mizoram

·                                 Rules under the Acts have not been framed.

·                                 State Welfare Board has not been constituted.

·                                 The expert Committee has not been constituted

17

Orissa

·                                 Rules have been framed and notified.

·                                 The Building and Other. Construction Workers Welfare (Central) Rules 1998 have been adopted.

·                                 Welfare Board has been constituted.

·                                 State advisory committee has been constituted

18

Punjab

·                                 The State Advisory Committee has been constituted.

·                                 Expert Committee have been constituted.

·                                 Rules under the act have not been finalised.

·                                 The Punjab Building and other construction Workers Board constituted vide State Government Notification No. S.0./20 CA­ 27/96/S-18/2002 dated 29.5.2002

19

Rajasthan

·                                 Rules under the Act have not been finalised.

·                                 State Welfare Board has not been constituted.

·                                 The Expert Committee has been constituted.

·                                 State Advisory Committee has been constituted

20

Tamil Nadu

State Govt of Tamil Nadu informed in 1999 that the State Government is implementing Tamil Nadu Construction Workers Welfare Scheme 1994 framed under the Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Service) Act, 1982. According to them, the scheme is more beneficial than the Central Act and has decided to continue the scheme, which is already in operation and the matter ""rill be reviewed after two years. On detailed examination of the Scheme being implemented under State Act, it is _ observed that though the scheme provides welfare measures to the construction workers but it does not provide health and safety measures to the workers as available under the Central Act. The State Government has, therefore, been advised to review the matter and implement the Central Act.      

21

Tripura

·                                 Rules under the Act have been framed in 2001.

·                                 State Welfare Boards has not been constituted.

·                                 The Expert Committee has been constituted.

·                                 State Advisory Committee has not been constituted.

22

Uttar Pradesh

·                                 Rules under the Act not been finalised.

·                                 State Welfare Board has not been constituted.

·                                 The Expert Committee has been constituted.

·                                 State Advisory Committee has been constituted. 

23

Uttaranchal

·                                 Uttaranchal Building and Other Construction Workers (RECS) Rules 2005 have been framed and Notified on 25.06.2005. Welfare Board has not been constituted.

·                                 State Advisory committee has been constituted.

·                                 Expert committee has been constituted.

24

West Bengal

·                                 West Berigal Building and Other Construction Workers (RECS)

·                                 Rules, 2004 have been framed.    .

·                                 Welfare Board has been constituted.

·                                 State Advisory committee has been constituted.

·                                 Expert committee has been constituted.

25

Andaman & Nicobar Islands

·                                 Andaman & Nicobar Islands Building &; Other Construction I Workers (RECS) Rules, 2003 have been framed and Notified. Welfare Board has not been constituted.

·                                 State Advisory committee has been constituted.

·                                 Expert committee has been constituted.

26

Daman , Diu & Dadar Nagar Haveli

·                                 Rules under the Act have been framed in 2003.

·                                 State Welfare Board has been constituted.

·                                 The Expert Committee has been constituted.

·                                 State Advisory Committee has been constituted

27

Delhi

·                                 Rules have been notified on 10.1.2002.

·                                 Authorities have been notified under the Act.

·                                 Welfare Board has been constituted.

·                                 The Act is being implemented.

28

Pondichery

·                                 Rules under the Act have been framed and notified on 28.8.2001.

·                                 Authorities have been notified under the Act

·                                 Welfare Board has been constituted.

·                                 The Act is being implemented.

 

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