PANAJI - The government is planning to implement some acts that it has enacted for the benefit of workers in the state.
These acts include the Building and other Construction workers (Regulation of Employment and Conditions of Service) Act 1996 and the Building and other Construction workers’ Welfare Cess Act, 1996 and the Building and other Construction Workers Welfare Cess Rules, 1998.
The Building and other construction workers’ (Regulation of Employment and other conditions of Service Act, 1996, regulates the employment and condition of service building and other construction workers and provide their safety and welfare measures.
The Building and other construction Workers’ Welfare Cess Act, 1996 and the Building and other Construction Workers Cess Rules 1998 provides for levy and collection of cess for raising funds for use for running Welfare Schemes for the said workers.
Section 2(d) of the Building and other construction Workers (Regulation of Employment and Conditions of Services Act, 1996 defines building or construction work, covering, construction, alteration, repairs, maintenance or demolition, of or, in relation to buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works,(including storm water drainage works) generation, transmission and distribution of power, water works ( including channels for distribution of water) oil and gas installations, electric lines, wireless, radio, television, telephone, telegraph and other overseas communications, dams, canals, reservoirs, watercourses, runnels, bridges, viaducts, aqueducts, pipelines, towers, cooling towers, transmission towers and such other works as may be specified in this behalf by appropriate Government, by notification but does not include any building or other construction work to which the provision of the Factories Act 1948 (63 of 1948) or the Mines Act, 1952 (35 of 1952), apply.
The Goa Building and other construction workers’ (Regulation of Employment and conditions of service) Rules, 2008, framed by the government is already published in the Official Gazette, Extraordinary Series 1, no 2 dated April 10, 2008.
The government having framed the rules has also appointed various authorities under the Act, including constitution of state Advisory Committee to advise the government in the matter relating to administration of the Act and the Schemes made there under. The State Advisory Committee held its meeting on October 15, 2008.
The Cess to be collected is at 1 per cent of the cost of construction incurred by an employer as per Section 3(1) of the Building and other construction Workers Welfare Cess Act, 1996. The rate of cess at 1 per cent fixed by the Union government vide Notification No:S-61011/9/95/-RW Part-1 (SO.2899) dated 26 September, 1996.
The employers concerned are directed to comply with all the provisions of the Act, with immediate effect and ensure the important provisions of the Act namely Registration of establishments and safety and Health Measures are complied with.
The employers in relation to every establishment employing 10 or more building workers in any building or other construction work has to be registered for which state rules have been framed and notified by the government non registration by concerned employers invites penal action.
The deputy labour commissioner at Panaji, and the deputy labour commissioner, Margao have been notified as registering officers in their respective districts.
As regards safety and health measures, the Act provides that safety committees are required to be constituted in every establishment where over 500 building workers are employed and it is responsibility of the employers to appoint a qualified safety officer. The rules provide for not only safety at work place but for all precautions to be taken in relation to handling of exposures, while carrying out work demolition, installation and use of heavy machinery and also provide for suitable lighting at work place and approach roads, precautions to be taken while carrying out dangerous operations and protection to the workers from dangerous fumes and gases inhalation, safeguarding the machinery and fencing of the moving parts besides safe handling of tools, as also precautions in case of fire etc.
All the employers, contractors and other persons connected with this industry are requested to cooperate and extend full support to the authorities of Labour Department in the implementation of these Acts and Rules.