Lok Sabha Question No. 1264 (UNSTARRED), answered on 2022-07-25
Subject: Exploitation of Labourers at Construction Site
Ministry: LABOUR AND EMPLOYMENT
Asked by: Ramya  Haridas

## MINISTRY OF LABOUR AND EMPLOYMENT

## GOVERNMENT OF INDIA LOK SABHA

## UNSTARRED QUESTION NO. 1264 TO BE ANSWERED ON 25.07.2022

## EXPLOITATION OF LABOURERS AT CONSTRUCTION SITE

1264. MS. RAMYA HARIDAS:

Will  the  Minister  of  LABOUR  AND  EMPLOYMENT  be  pleased  to state:

- (a)whether the Government is aware about the miserable conditions at most  of  the  construction  sites  along  with  the  exploitation  of labourers still continuing throughout the country, if so, the details thereof;
- (b)whether it is also a fact that lack of Government intervention and control is responsible for it; and
- (c)if so, the steps taken/being taken to improve the living condition of construction workers at sites?

## ANSWER

## MINISTER OF STATE FOR LABOUR AND EMPLOYMENT (SHRI RAMESWAR TELI)

(a) to (c): The  Central  Government  is  committed  to  protect  and promote the welfare,  social  security,  safety  and  health  of  labourers. Central Government has enacted the Building and Other Construction Workers  (Regulation  of  Employment  and  Conditions  of  Service)  Act, 1996 [BOCW (RE&CS) Act, 1996] now subsumed in the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code, 2020) to regulate  the  employment  and  conditions  of  service  of  building  and other construction workers and to provide for their safety, health and welfare  measures  and  for  other  matters  connected  therewith  or incidental thereto.

As per Section 22 of the BOCW (RE&CS) Act, 1996, State/UT Construction Workers' Welfare Boards are empowered and entrusted for registration

Governments through State/UT Building and Other & renewal of the BOC workers and  make  provisions  for  the  welfare

schemes for Building and Other Construction Workers relating to life and disability cover, health and maternity cover, financial assistance Other Construction  Workers,  transit  housing,  skill  development,  awareness for education of wards of the registered Building and programs, pension etc.

In  order  to  safeguard  the  interest  of  labourers  regular inspections are conducted under Section 42 of the BOCW (RE & CS) Act, 1996, which provides for an enforcement machinery in the form of inspecting  staff  appointed  by  the  appropriate  Governments,  who  are vested  with  powers  of  entry,  search  and  seizure  in  respect  of  all premises  within  their  jurisdiction  wherever  building  or  construction the Inspecting Authorities including initiation of prosecution cases against work  is being carried out. Appropriate action is taken by defaulters under the extant laws.

For  the  welfare  of  the  construction  workers,  a  'Model Welfare  Scheme  for  Building  and  Other  Construction  Workers  and Action  Plan  for  strengthening  Implementation  Machinery'  has  been prepared and forwarded to all the States/UTs for its strict compliance.

Several instructions under Section 60 of the BOCW(RE&CS) Act,  1996  have  been  issued  from  time  to  time  to  State/UT  BOCW Welfare Boards for optimum utilization of the cess funds for the social security  and  other  welfare  measures  of  the  BOC  workers  which include the benefits of welfare schemes of the State Welfare Boards and  social  security  schemes  of  the  Central/State  Governments  like Health  Insurance  Scheme  through  PM-JAY  (Ayushman  Bharat),  Life Suraksha  Bima  Yojana  and  Life-long  Pension  after  60  years  through PM-Shram  Yogi  Maandhan  Yojana  and  subsistence  allowance  during unemployment,  illness,  epidemics,  natural  calamities  by  using  cess and  Disability  Cover  through  PM-Jeevan  Jyoti  Bima  Yojana,  PMfund collected for the welfare of BOC workers.

Further,  in  the  backdrop  of  a  challenging  situation  due  to the outbreak of Covid-19 which led to financial constraints among the Building  &  Other Construction  Workers (BOCW), the States/UTs were advised  to  frame  a  scheme  under  Building  and  other  Construction workers (BOCW) Act, 1996 for transfer of funds in the bank account of BOC  workers.  In  response,  during  first  wave  of  Covid-  19,  Rs.  5618 crores were disbursed to 1.83 crore BOCW workers and during second wave, Rs. 1795 crores have been disbursed to 1.23 crore workers.

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