The Supreme Court has expressed serious concern over the governance deficit in states and Union Territories on implementing an important Central legislation enacted more that a decade ago for welfare of the most marginalised sections of the society and thus abridging their fundamental duty of enforcing the mandate of Parliament.
Coming down heavily on the states and UTs for not enforcing the Building and Other Construction Workers (Regulations of Employment and Condition of Service) Act passed way back in 1996 by Parliament and keeping it limbo for the past 15 years, the top court divided the states in four categories for issuing different directions. The act provides for mandatory imposition of “cess” up to two per cent on construction projects undertaken by private parties and government agencies and creating a pool of fund with welfare boards to be set under the law and spend the money on education, health and other welfare schemes for construction workers, including compensation in case of any mishap.
Though the top court had issued a stern warning in two orders last year for initiating contempt proceedings against the officers concerned, it issued fresh orders on the basis of the performance, non-performance and slow progress in implementing the law by the states and UTs.
Andhra Pradesh, Tamil Nadu, Chhattisgarh and Punjab had set up the welfare boards and even collected some amount under the scheme, but had “not collected” the required quantum of cess and were also not distributing it among registered workers as per the scheme framed, a bench headed by Chief Justice S.H. Kapadia said.
While imposing a fine of `10,000 on these states, the court said: “Before we take any action against the officers responsible, we grant a last and final opportunity to these states to file the compliance reports.”