Building & Construction Workers Act 1996
Zia
(Querist) 06 March 2009
This query is : Resolved
Dear Sirs,
Please let me know who shall be the "Appropriate Government" under Building & Construction Workers Act, 1996 for Central PSU underatkings which are government owned, ie. majority of the shares are held by Govt. of India. Will the "Appropriate government" be central or State government.
AEJAZ AHMED
(Expert) 06 March 2009
Dear Zia,
Exactly its 'Central Government'
Read this definition:
(1) In this Act, unless the context otherwise requires,-
(a) "appropriate Government" means,-
(i) in relation to an establishment which employs building workers either directly or through a contractor) in respect of which the appropriate Government under the Industrial Disputes Act, 1947 (14 of 1947), is the Central Government, the Central Government.;
(ii) in relation to any such establishment, being a public sector undertaking, as the Central Government. may by notification specify which employs building workers either directly or through a contractor, the Central Government;
Explanation.- For the purposes of sub-clause (ii), "public sector undertaking" means any corporation established by or under any Central, State or Provincial Act nor a Government. Company as defined in section 617 of the Companies Act, 1956 (1 of 1956), which is owned, controlled or managed by the Central Government;
(iii) in relation to any other establishment which employs building workers either directly or through a contractor, the Government of the State in which that other establishment is situate;
Kamlesh soni
(Expert) 07 March 2009
I agree with the views of Mr. Ahmed.
Zia
(Querist) 08 March 2009
Dear Sirs,
Thanks for your prompt reply. But one of my query still exists as far as Building Construction workers Act is concerned. AS per the definition of "Appropriate government" under Section 1 a) ii, the qualifying requirement for PSUs is that it should covered under Notification of the central government, before it being its appropriate government. So, are you aware of any such notifications of the central government that for certain listed PSUs, central govt. will be the appropriate govt. under Building construction workers Act.
Secondly my undertaking NTPC Ltd. lies in the state of Chhattisgarh where CG IR Act 1960 is applicable in place of ID Act 1947.
In view of above, i request you to revisit your reply and guide me on the question of Appropriate governemnt pl.
