The Constitution of India has provisions for ensuring occupational health and safety of workers in the form of three Articles 24, 39 (e and f) and 42. The important legislations related to occupational health, safety and

CS Professional · Labour Laws & Practice · PYQS · December 2024
The Constitution of India has provisions for ensuring occupational health and safety of workers in the form of three Articles 24, 39 (e and f) and 42. The important legislations related to occupational health, safety and welfare are the Factories Act, 1948, the Mines Act, 1952 and the Dock Workers (Safety, Health & Welfare) Act, 1986, Workmen's Compensation Act, 1923 and Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act. Among these laws, Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 came into force from 19th August, 1996 to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare. It is further governed by the Central Rules, 1998 and each of the State has got the powers to frame their own rules for implementation of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act was enacted to regulate the employment and conditions of service and to provide for safety, health and welfare measures for crores of building and other construction workers in the country. The Act is applicable to every establishment which employs 10 or more workers in any building or other construction work. (b) State the procedure for appointment of Inspecting Staff.

Answer & Explanation:

Appointment of Inspecting Staff: - The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 consists of sections 42 and 43 providing for the appointment of the Director-General, Chief Inspector, and Inspectors and their powers, functions, and limitations. Appointment of Director-General, Chief Inspector and Inspectors (Section 42) Appointment of Director-General of Inspection: The Central Government may, by notification, appoint a Gazetted officer of that Government to be the Director-General of inspection. He shall be responsible for laying down the standards of inspection and shall also exercise the powers of an Inspector throughout India in relation to all the establishments for which the Central Government is the appropriate Government. Appointment of Chief Inspector of Inspection: The State Government may, by notification, appoint a Gazetted Officer of that Government to be 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 an Inspector under this Act throughout the State in relation to establishments for which the State Government is the appropriate Government. Appointment of Inspectors: The appropriate Government may, by notification, appoint such number of its officers as it thinks fit to be Inspectors for the purposes of this Act and may assign to them such local limits as it may think fit. Powers and function of Inspector: Every Inspector appointed under this section shall be subject to the control of the Director-General or the Chief Inspector, as the case may be, and shall exercise his powers and perform his functions under this Act subject to general control and supervision of the Director-General or the Chief Inspector. Deemed public servants: The Director-General, the Chief Inspector, and every Inspector shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code 1860.

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