THE BUILDING AND OTHER
CONSTRUCTION WORKERS
8.11 The construction workers constitute one of
the largest categories of workers in the unorganized
sector. According to the Sample Survey conducted
by NSSO in 2004-2005, about 2.57 crore workers
are employed in the construction activities. The
Government has enacted the following two legislations
for the construction workers: -
Ø The Building and Other Construction
Workers (Regulation of Employment and
Conditions of Service) Act, 1996.
Ø The Building and Other Construction
Workers' Welfare Cess, Act, 1996;
Further, the Building and Other Construction Workers
(RECS) Central Rules, 1998 have been notified
on 19.11.1998.
8.12 The Act is applicable to every establishment,
which employs 10 or more workers in any building
or other construction work, and to the projects cost
of which is more then Rs.10 lakh. There is also provision
of constitution of Central and the State Advisory
Committees to advise the appropriate Governments
on matters arising out of administration of the
law besides constitution of Welfare Boards by the
State Governments and registration of beneficiaries
under the Fund and provision for their identity cards
etc. These legislations provide for regulating the
employment and conditions of service, safety and
health and welfare measures for the construction
workers by setting up a Welfare Fund at the State
level to be financed by contribution made by beneficiaries,
levy of cess on all construction works at rates
between 1 to 2% of the construction cost incurred
by an employer (the Government has notified the
cess @ 1%). The Fund is to be used for providing
financial assistance to the families of beneficiaries in
case of accident, old age pension, housing loans,
payment of insurance premia, children's education,
medical and maternity benefits, etc.
8.13 So far, 18 State Governments have constituted
State Welfare Boards. The Government of
Tamil Nadu has been implementing its own Act.
Other States are still in the process of adoption and
implementation of these Acts.