VBDL Ltd., (the Builder) is a company engaged in the business of construction of multi-storey flats in Mumbai. It started working on a project named as 'Sare Jahan Complex' in Panvel, Navi Mumbai. At the site, the builde
CS Professional · Labour Laws & Practice · PYQS · December 2022
VBDL Ltd., (the Builder) is a company engaged in the business of construction of multi-storey flats in Mumbai. It started working on a project named as 'Sare Jahan Complex' in Panvel, Navi Mumbai. At the site, the builder opened its office and employed two persons named as Sonali and Kamal, to book flats, receive money from the prospective buyers through cheques, and to do all other managerial, supervisory and administrative work. Besides Sonali and Kamal, one peon was also appointed for their office purposes. While Sonali was taking care of the in-office work, whereas Kamal was overseeing the field duty, like inspection of the work done by the labours, purchase of building raw materials etc. The builder engaged KCPL, a contractor company engaged in the construction work. The KCPL provided the labours at site, to do the civil work. One day, an Inspector came to site for checking, whether adequate safety measures are being followed on not. During his inspection, he observed that some labours have defective vision and some labours are deaf too. He prepared a detailed report and summoned to the contractor to give explanation. Amrish, who is a regular employee of KCPL was given the task of pulling the chain, operated through electricity, to lift the mixture of cement and concrete. One day, while he was doing this work, the chain broke and fell down on the land which caused a serious bodily injury to Amrish. Sonali's father Hari Ram is having a small piece of land in a village near by Panvel. Hari Ram thought to construct a dwelling house for his family. So he contacted a person named Ashutosh, who takes contracts for small house projects (not the multi-storey project) costing around 15-20 lakh rupees. Ashutosh agreed to construct the house for Hari Ram for a total cost of 15 lakh rupees including the building material, labour cost, sanitary and electrical fittings and flooring. Based on the above fact, answer the following questions: What are the provisions under the law relating to employment of persons who are deaf and having defective vision?
Answer & Explanation:
Prohibition of employment of certain persons in certain building or other construction work Section 31 of the Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 provides that no person about whom the employer knows or has reason to believe that he is deaf or he has a defective vision or he has a tendency to giddiness shall be required or allowed to work in any such operation of building or other construction work which is likely to involve a risk of any accident either to the building worker himself or to any other person.
Topics: Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
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