UNIT-2 s

1,. Building and Other Construction Workers

(Regulation of Employment and Conditions of

Service) Act, 1996

Introduction
The Building and Other Constructions Workers (Regulation of Employment and
Conditions of Service) Act, 1996 hereinafter referred to as the “BOCW Act” is a
social welfare statute enacted by the Indian government to provide a safe and
healthy working environment for the workers engaged in construction activities. This act
watchdog the employment and working conditions of the building and other
constructions for workers and it aims to provide welfare measures for the
construction workers. The ambit of BOCW Act in India is wide because countries
like India where the construction sector rises with a pace, there are many
workers engaged in this sector and to safeguard their interest the presence of
this legislation is a must.

Is there a need for the Building and Other Construction Workers

Act
In India, more than 80 crore workers, whether skilled or unskilled are engaged
in the construction sector. The construction industry is majorly labour-intensive,
and most of the workers are unskilled, unorganized and generally work in
inhuman and miserable conditions. These construction workers are part of the
vulnerable segments of the unorganized sector in India. In order to address
these inhumane working conditions, ill-treatment, poor facilities, poor health,
and necessary safety measures in the construction sector, the government
enacted the Building and Other Construction Workers (Regulation of Employment
and Conditions ,of Service) Act, 1996.
Giving construction workers their due
Most of the construction workers are educated, unskilled, migrants,
socially backward, and have low bargaining power, so the employer usually
looted them by giving fewer wages for the work they did. Also, construction
workers tend to work with uncertain working hours with an inherent risk of
life. Section 45 of BOCW Act, 1996 deals with the responsibility of the employer
for the payment of wages and compensation to each construction worker
employed by him and if the employer, in any case fails to comply with this
section, then he is liable to pay compensation to the workers employed by him
in full or the unpaid balance which is due in accordance with Section 8 of the
Workmen Compensation Act, 1923.
Is it mandatory to take registration under BOCW
Section 7 of the BOCW Act, 1996 talks about the registration of an
establishment. Before explaining the provision mentioned in this section, we
have to know something about establishments. Section 2(1)(j) of BOCW Act,
1996 defines ‘establishments’ as, an establishment belongs to any firm or
organization or body of corporations or individuals or associations or
government, who employs construction workers for any construction site, is said
to be an establishment, but those constructions whose value or cost of such
construction is less than 10 Lakhs rupees would not become under this
definition. -Now, Section 7 of the BOCW Act, 1996 deals with the provisions
related to the registration of establishments. It says that every employer of the
construction work shall make an application to the registering officer for
registration of such establishment. The applicant shall make an application for
registration:

 If the establishment starts operating its function after the commencement

of this act, the establishment is required to make an application within a
period of sixty days from the date it starts functioning;
 If the establishment starts operating its function before the
commencement of this act, then the establishment is required to make an
application within a period of sixty days from the date of commencement
of such act.
Provided that if a registering officer is convinced with the reason for late
registration, he may grant registration for that establishment and if all the forms
and documents are prescribed according to terms and conditions, he may issue
the certificate of registration.

Section 8 of the BOCW Act, 1996 deals with the revocation of registration. It
says that if the registering officer is satisfied by the reference made to him in
this regard or if any employer of an establishment obtained a certificate of
registration by misrepresenting the material facts or an establishment has not
complied with any provisions mentioned under this legislation, a registering
officer after giving a fair opportunity to the employer to represent his case may
revoke the registration.

Benefits of having a BOCW card

Different states in India have their welfare schemes for the workers having
BOCW cards. Section 13 of the BOCW Act, 1996 talks about identity card issues
to the beneficiaries i.e. workers working in a building or at any construction site
by the board. Every state offers various facilities or initiates multiple welfare
schemes for the workers having BOCW cards or working in the construction
sector. Some of the welfare schemes or benefits offered by different State
Governments are as follow:
 
o Ministry of Labour and Employment: They enacted schemes
on life and disability cover, skill development, health and
maternity cover, education, pension, housing, awareness
programs.
o Punjab government: Stipend Scheme, LTC Scheme, Funeral
Assistance Scheme, Ex-gratia Scheme, Maternity Benefit
Scheme, General Surgery Scheme, Denture, Cycle Scheme for
Construction Workers as well as for Children, Spectacles &
Hearing Aid Scheme, Shagun Scheme, Reimbursement of
expenditure for Dangerous Ailments, Tool Kit Scheme, Bhagat
Puran Singh Sehat Bima Yojna (BPSSBY), Pension Scheme, Balri
Birth Gift Scheme, Skill upgradation & Vocational Education
Scheme, Mobile Lab Scheme.
o Assam government: Death benefit, cash award, general
pension, disability pension, advance for purchase or construction
of house, education institution, marriage assistance, family
pension, educational assistance, medical assistance, funeral
assistance, health check up, maternity benefit, loan for the
purchase of tools, coverage under Pradhan Mantri Jeevan Jyoti
Bima Yojana (PMJJBY) & Pradhan Mantri Suraksha Bima Yojana
(PMSBY).

How is BOCW cess calculated

Section 3 of Building and Other Construction Workers Welfare Cess Act,
1996 mentions that one percent of the construction bill or cost of construction
incurred by the employer to build construction is equal to the amount of cess
and the same amount is deposited to the welfare board and the fund is utilized
for the welfare of the workers or in the welfare schemes for the workers working
in the building or a construction site.

Amount of cess = 1% of the Cost of construction

For example, if the total cost for construction of a building is Rs. 1 Crore then
the total amount of cess is one percent of 1 Crore i.e. Rs. 1 Lakh.

State legislations
As already mentioned in this article, every state offers various facilities or
initiates multiple welfare schemes for the workers working in the construction
sector. Also Section 4 of the BOCW Act, 1996 empowers the State Government
to constitute a State Advisory Committee which is called as ‘State Building and
Other Construction Workers’ Advisory Committee to advise the State
Government on the matters related to the administration of this act.

The State Advisory Committee consists of:

 1. a chairperson which has been appointed by the State Government;
2. two members of the State Legislative Assembly;
3. a member who has been nominated by Central Government;
4. the chief-inspector;
5. other members not less than seven, but not more than eleven, as
nominated by the State Government to represent the building workers,
employers, association of engineers or of architects and any of any other
interest which the State Government thinks fit.

Its role during the COVID-19 pandemic

There has been a huge impact on the employment of construction workers
during the COVID-19 pandemic. Due to the countywide lockdown for this
pandemic, the rate of unemployment among construction workers have risen.
With an aim to provide financial assistance and relief to construction workers,
the Central Government directed all the State Governments to use the unutilized
cess welfare fund as these funds provide the social securities to those
construction workers who are registered with their respective State
Governments.

According to a report generated by the Ministry of Labour and Employment, till

March 2019 there was approx. Rs. 49,625 Crores of cess reserved by the states
and Union Territories, but only less than Rs. 20,000 has been utilised. There are
wide differences in the amount of cess collected among the states. If we talk
about the utilization of funds, as many as 21 states and Union Territories utilize
less than 30 percent of the amount of cess they collected for the welfare of
construction workers. Only Kerala was the state who utilized around 121 percent
of the amount of cess they collected, but states which had the highest cess
welfare funds failed to provide welfare to the construction workers.

Now, what the government of the states and Union Territories can do is to utilise
the remaining cess funds for the welfare of construction workers during the
pandemic and also by implementing those unutilised funds for the upliftment of
corona warriors like doctors, medical staff, police, etc.

Scope of improvement
In 2013, the Ministry of Labour and Employment presented The Building and
Other Construction Workers Related Laws (Amendment) Bill, 2013 before Rajya
Sabha to amend the grey areas present in the BOCW Act, 1996. This bill has
presented the scope of improvement in this legislation. The salient features of
this bill are:

 This bill wants to empower the Central Government to amend Section 2

(1) (j) of the BOCW Act, 1996 by changing the definition of
‘establishments’. The maximum limit of the cost of construction must be
 introduced instead of the minimum limit of the cost of construction which
is Rs. 10 Lakhs.
 This bill wants to change Section 12(1) of the BOCW Act, 1996 to enhance
the scope of the BOCW Act, 1996 for the registration of workers.
 This bill wants to amend Section 24(3) of the BOCW Act, 1996 by
empowering the Central Government to notify the percentage of the total
expenditure incurred by the State Building and Other Construction
Workers Welfare Board on administration meetings.
 This bill wants to amend Section 12(3) of the Building and Other
Construction Workers’ Welfare Cess Act, 1996 by empowering the State
Government to file a complaint in the court of jurisdiction, and take
cognizance against the offence.

Should this enactment be repealed under the

new labour law codes
The Indian government is preparing the New Labour Code on Welfare and Social
Security which is going to replace around 15 social security or social welfare laws
including the BOCW Act, 1996. Many benefits that are accessible under these
Acts may not exist under this New Labour Code, and its revocation could be
proved as the most disastrous thing for the construction workers as the
registrations of workers will expire.

Also, there is already a large gap between the registered construction workers
with the welfare boards and the estimated number of construction workers
engaged in the construction sector. If we talk about the data, less than 50% of
estimated construction workers are registered with such welfare boards. This
New Labour Code will lead to the shutdown of 29 State and 8 Union Territories’
BOCW boards and the construction workers will have to again register
themselves with the respective state welfare boards. These newly formed state
welfare boards will also take other unorganised sector workers under its ambit
and all these workers would be listed in the same place. Also, the cess funds
which have been collected for the construction workers would be merged with
the social assistance fund.

If the new Labour Code is enacted, it would be beneficial for the construction
workers because the scope of welfare measures would be increased in the
construction sector, and also it would provide the overall benefit to the labour
class engaged in the labour sector of the Republic of India.

Conclusion
It is commendable that the Indian government has made social welfare
arrangements for the long-neglected construction workers, but there have been
some grey areas left in the statute which requires clarification and enforcement
until the judiciary has stepped in to resolve the matter. Section 2(1) (i) of the
BOCW Act defines ‘employer’ and includes both contractor and owner of the
construction site under its ambit. Hence, the contractor and owner start shifting
their liability and responsibility to one another. Also, the State Governments
have to be accountable for the unutilized cess collected fund and must
implement the remaining funds for the welfare of construction workers.

2.The Unorganized Workers' Social Security Act, 2008

The unorganised worker's social security Act was enacted by the parliament of India
in 2008 by president's assent. It is implemented by the Ministry of Labour and
Employment. worker's sector. Recently, the honorary Supreme Court dismissed the
PIL filed by Shri R Subramanian which was seeking directions to compensate the
financial loss of the workers employed in the unorganised sector.

The persistence of Covid-19 pandemic has expedited the misery of India's working
population. It came to light that more than 90% of the Indian population is employed
in the unorganised sector and they neither have access to social security nor
minimum wages despite them contributing an approximate of 60% to the Indian
GDP.

Salient Features:

 The Act mentions about constitution of a National Social Security board and
State Social Security Board which will give recommendation for formulation of
suitable schemes which later shall be monitored and reviewed.

In Rajan Kudumbathil v. Union of India on 12 November 2009, the Kerala

government was directed to immediately constitute the State Social Security
Board as it was not established post the enactment of the act.

 The UWSS Act has laid down provisions wherein it registers and issues a
smart identity card with a unique number to the unorganised sector worker.
 The Record Keeping function will be performed by the District Administration.

 The Workers Facilitation Centres will disseminate the available data on the
social security schemes, facilitate the filing-processing and forwarding of the
registration application with the assistance of the district administrator.

 The act in its Schedule I has laid down a list of the Social Security Schemes
to ensure that the workers of the unorganised sector meet their basic needs
and that they have a decent standard of living.

Objective And Purpose

The UWSS Act 2008 was implemented with the objective to ensure social security,
good wellbeing and to protect the unorganised sector workers from several
contingencies.
The importance of the act came to light in 2012 in National Domestic Workers
Welf. v. State of Jharkhand & Ors. wherein it was highlighted that the current
labour laws in force such as the Industrial Disputes Act, the Minimum Wages Act,
Maternity Benefit Act, the Workmen's Compensation Act, Factories Act, etc. are
applicable to a restricted number of workers.

In India, the social security laws have derived their basis from Part IV of the Directive
Principles of State Policy (DPSP). The Social security and Labour Laws form a part
of the concurrent list therefore both, the Central and the State Governments are
approved to make laws for the same. It is the obligation of the state to lay down
provisions which grant social security to organised as well as unorganised sector
workers.

Another purpose of the act is to ensure that the needs of the workers employed in
the unorganised sector are addressed as it contributes to the sustainable economic
growth in the country. Apart from Social security the needs include availability of
credit, upskilling, use of modern technology, infrastructure and the requirement of a
contractual obligation between the employer and employee.

Progress Made Under IT

The Social Security Schemes and Acts mentioned in the Schedule I and II of the
UWSS, 2008 are run by several different ministries. For instance, the Medical care is
been taken care by the Ministry of Health, Food Security by Ministry for Agriculture
etc. The budget allocation for the same is done by different ministries creating a
problem of multipliciy of benefits availed and suggests a formation of a ministry of
social security.

The National Social Assistance Programme which comprises of Indira Gandhi

National Old Age Pension Scheme under the UWSS has 4,02,56,984 people as
beneficiaries as of 14th June 2020. As an extension to the act, a National Social
Security Fund (NSSF) was constituted for unorganised workers in 2010 with an initial
funding of INR 1,000 crore.

Several schemes under the Act depend on State-level nodal agencies for functioning
of its Schemes and in times like the national health crisis these labour laws and
policies not only provide social security for the workers but help the economy from
deteriorating. Recently, the state of Uttar Pradesh promulgated Uttar Pradesh
Temporary Exemption from Certain Labour Laws Ordinance, 2020 which shall
suspend a majority of the acts and schemes under UWSS for a period of three
years.

The Covid-19 pandemic has highlighted the need for additional legal safeguards and
welfare measures for the unorganised workers especially the migrant workers and
domestic workers as they are in dire need of social security more than ever.

Critical Analysis
The UWSS Act is a significant initiative taken by the government to address and
provide remedy to the plight of the workers engaged in unorganised sector for the
first time, the act has also enlisted several welfare schemes which can be availed by
the workers.
There are certain inadequacies in the act which complicates the implementation
process at the same time infringes rights of the unorganised workers. The scope of
the definition of unorganised workers is narrow and excludes forest and fish
workers, domestic workers, cross-border provisional workers, and aanganwadi
workers etc.

It is important to note that, the act has not defined the term social security and
hence it is not justiciable. The act has laid down several social security schemes but
has not included them within the body of the act.

The Social Security (Minimum Standards) Convention, 1952 established a globally

accepted minimum standard social security benefit which covers the nine branches
of social security namely medical care, sickness, unemployment, old-age,
employment injury, family, maternity, invalidity and survivor's benefit. Yet, the UWSS
fails to provide for any minimum social security to its unorganised workers.

The act places the unorganised workers in an odd position as, if they fail to make the
deposits in time, they are disentitled from the benefits without considering the
contingencies that come along which renders the process of contribution
complicated.

Recommendations:

 The term social Security should be explicitly defined to make it enforceable

in court of law.
 Currently, the act is only applicable to unorganised workers who are below
poverty line and hence, should be made inclusive of all the unorganised
workers which will fulfil the purpose of the act.
 A chapter on dispute resolution needs should be appended to the Act to make
sure workers can file complaints about violations and seek remedy.
 An amendment should be made to add minimum social security
benefits for the unorganised workers based on ILO standards.
 Create a comprehensive database of unorganised workers working in sectors
not covered by the act to provide them visibility.

Conclusion
Social security is an important part of the development at all the levels of the existent
society and leads it towards a better social and economic growth. To enable these
workers to gain maximum benefit from the schemes an effort must be to make them
aware of their rights.

Offences and penalties

Section 54 provides for the penalties for offences, and employers can
be held liable under the following circumstances:
  If an employer pays an employee an amount less than what is
due under the Code, he shall be punished with a fine that may
extend up to fifty thousand rupees. If the employer within 5
years has committed the second or subsequent offence, he shall
be punishable with imprisonment for up to 3 months, a fine of up
to Rs. 1,00,000, or both.
 If any employer contravenes any other provision of this Code or
any rule or order made under it, they shall be punished with a
fine, which may extend to 20,000 rupees. If the employer within
5 years has committed the second or subsequent offence, he
shall be punishable with imprisonment for up to one month, a
fine of up to Rs. 40000, or both.

Gig Workers

In general, gig workers are those engaged in hourly or part-time jobs in

everything from catering events to software development.

 They have a non-standard work arrangement with their employers and share
a non-traditional employer-employee relationship.
 The work is usually temporary and completed within a stipulated time.
 The Code on Social Security, 2020 [Section 2(35)] defines a gig worker
as ‘a person who performs work or participates in a work arrangement
and earns from such activities outside of traditional employer-employee
relationships.’
 Freelancers, contingent workers, independent contractors, etc. can come
under the umbrella of gig workers. Even a part-time professor can be
classified as a gig worker.
Platform Workers

A platform worker implies a worker working for an organisation that

provides specific services using an online platform directly to individuals
or organisations.

 Examples of platform workers include Ola or Uber drivers, Swiggy or Zomato

delivery agents, etc.
 The Social Security Code defines a platform worker as “a person engaged in
or undertaking platform work”.
 Section 2(55) of the Code defines platform work as “A form of employment in
which organisations or individuals use an online platform to access other
organisations or individuals to solve specific problems or to provide specific
services in exchange for payment”.
Unit-3
3.1 ‘Registration of documents under
the Registration Act, 1908

INTRODUCTION
Registration is the process of recording a document with a recognized officer and
to safeguard its original copies (See Here). Any document whether binding or
non-binding shall be registered in a required manner. Registration of every
document is not necessary but doing so affirms the authenticity and helps in
avoiding legal process. Many people are not familiar with the concept of
registration and hence, do not understand its importance in eyes of law. It is
crucial to be familiarized with registration and what it includes to avoid disputes.
There are two kinds of registration according to The Registration Act, 1908
namely “Mandatory Registration” and “Optional Registration” which have been
explained below. Apart from them, a person going for registration should also
know the following:-

1. Who can register?

2. Where to register?
3. When to register?
4. What fees to be paid?
If the person knows all of these then he will be able for apply for registration of
a document without any difficulty.

MANDATORY REGISTRATION
Section 17 of the Indian Registration Act, 1908 provides for mandatory
registration of certain documents. Those are as follows:-

1. Gift deed related to an immovable property;

2. Non-testamentary instruments:
a. purporting to creation, assignment, declaration, extinguishing of any
interest in any immovable property worth Rs. 100 and above;
b. which acknowledge receipt or payment of any consideration
 foRcreation, assignment, declaration or limitation of any right, title or
interest;
3. Lease of immovable property for any term exceeding one year or
reservation of yearly rent;
4. Contracts for transfer of immovable property for a consideration for
purpose of Section 53A of Transfer of Property Act, 1882 is executed on
or after the inception of Registration and Other Related Laws
(Amendment) Act, 2001.
Failing to do so will result in transfer being invalid.

OPTIONAL REGISTRATION
But not all documents have to be registered. Section 18 provides for optional
registration of some documents such as:- (See here)

1. Adoption Deed
2. Instrument relating to shares in joint stock company
3. Debentures issued by joint stock company
4. Will
5. Lease of immovable property not exceeding 1 year
6. Document of a past transaction
7. Power of Attorney with respect to movable property
8. Decree or order of court comprising an immovable property valued
below Rs. 100
9. Certificate of Sale granted
10. Agreement of Mortgage
11. Promissory note
12. Instrument of partition by Revenue Officer
13. Grant of immovable property by Government

WHEN TO REGISTER DOCUMENTS?

According to Section 23 of The Registration Act, 1908, all documents except a
will have to be presented for registration within 4 months from the date of
execution. If a document is executed by several persons at different times then
that document has to be presented for registration and re-registration within 4
months from the date of each execution (Section 24 of The Registration Act,
1908).
If due to any urgency or unavoidable accident, any executed document or a copy
of decree or order is not presented within 4 months but it is presented after its
expiry will be accepted for registration provided that 10 times the amount of
registration fees is paid and delay in presentation does not exceed 4 months.

Application for such a step has to be made to Sub-Registrar who will forward
such application to the Registrar to whom he is a subordinate (Section 25 of The
Registration Act, 1908). If a document is executed outside India by any or all of
the parties and is presented after expiry 4 months then it will be accepted for
registration provided that it was executed and presented for registration within 4
months after its arrival to India (Section 26 of The Registration Act, 1908).

WHERE TO REGISTER?
In case of documents regarding immovable property, it shall be presented for
registration in the office of Sub-Registrar within whose district the property or
part of it is located (Section 28 of The Registration Act, 1908). In case of all

other documents, they shall be presented:-

1. In the office of Sub-Registrar in whose sub-district the document was

executed; or
2. In the office of any other Sub-Registrar under State Government where
all individuals desire the document to be registered.
The Officer authorized to register a document may on a special cause being
shown also go to the individual’s private residence who desires to present a
document for registration or deposit a will (Section 31 of The Registration Act,
1908).

Who can apply for registration?

According to Section 32 of The Registration Act, 1908, every document (except
in cases of Sections 31, 88 and 89 of The Registration Act, 1908) shall be
presented for registration or deposited in a proper registration office by:-

1. some person executing or claiming under the same, or, in the case of a
copy of a decree or order, claiming under the decree or order, or
2. the representative or assignee of such a person, or
3. the agent of such a person, representative or assign, duly authorized
by power-of-attorney executed and authenticated in the manner
hereinafter mentioned.
Every person presenting a document for registration shall affix his passport size
photograph along with fingerprints to the document. In a case where a
document is related to transfer of ownership of immovable property, passport
size photographs and fingerprints of all the buyers and sellers mentioned in the
document shall be affixed (Section 32A of The Registration Act, 1908).

In case of a will or authority to adopt, the testator or after his death any
executor may or a donor or after his death the donee or adoptive son may
present it to the Registrar or Sub-Registrar for registration respectively (Section
40 and Section 41 of The Registration Act, 1908). It shall be registered if it is
satisfied that:-

1. The will or authority to adopt was executed by the executor or donor;

2. The testator or donor is dead;
3. The person presenting the will or authority to adopt is entitled to
present the same
FEES

The prescribed fees for registration of documents shall be paid on presentation

of documents (Section 80 of The Registration Act, 1908).

CASE LAWS
In Narinder Singh Rao v. Air Vice Marshal Mahinder Singh Rao (2013) settled by
Supreme Court, the Appellant’s father wrote on a piece of paper that his wife
would inherit the property on his death. It was signed by a single witness and
was not registered. After the father’s death, his widow executed a will,
transferring the entire property to only one of her nine children. The aggrieved
siblings challenged the mother’s will in court, stating that she had not inherited
the entire property because the father’s will was invalid. The argument was
accepted, stating that for a will to be valid, it must be attested by two witnesses.
Besides, it could not be held as a valid transfer of property as it was not
registered under the Indian Registration Act, 1908.

So, the Supreme Court held that the rule of succession would apply in dividing
the property as the father’s will was invalid. This case recapitulated two rules
which have been clearly set out in legislation. They are: (See Here)

1. The proper attestation of wills and

2. The registration of documents.
In Satya Pal Anand v. State of M.P. & Ors. (Civil Appeal No. 6673 of 2014), the
Supreme Court held that once a document is registered then authority is not
open to cancel its registration.

For this case, an application was moved by a man before the Sub-Registrar
(Registration) to cancel the registration of extinguishment deed executed by the
Society cancelling an allocation of the plot. Persecuted by the rejection of his
application, on the ground that Sub Registrar has no domain to cancel the
enrollment of a registered document being referred to, he moved toward
Inspector General (Registration) which was in vain.

The High Court, on its writ petition, held that, since the Registering Officer
selected the deed acquainted with him for registration, his ability is exhausted
and he would then advance towards becoming functus officio (an officer or
agency whose mandate has expired either because of the arrival of an expiry
date or because an agency has accomplished the purpose for which it was
created. When used in relation to a court, it may also mean whose duty or
authority has come to an end) and no vitality to appropriate the report under
Section 33 of the Act. This decision by the High Court was condemned in the
Supreme Court.

The appeal in Part XII especially under Section 72 limits just to the refusal of
Registering Officer to register a document. It was similarly held that power given
to Registrar under Section 68 can’t be used to cross out registration of a
registered document.

Moreover, the court observed that there is no express course of action in the
Registration Act or Rules bound by the State of Madhya Pradesh nor any circular
issued by the competent authority of the State of Madhya Pradesh with the goal
that the extinguishment deed should bear the characteristics of both the vendor
and the buyer and both must be accessible before the Registering Officer when
the document is presented for registration. (See Here)

WHAT ARE THE BENEFITS OF REGISTERING

DOCUMENTS?
Registration of a document gives a more transparent deal. Even if a registered
document is lost or damaged, the registration records prove the authenticity of
the document. A document stating that a Power of Attorney has been revoked
should also be registered so that there is no misuse after revocation. Easy
access also helps in finding the owner who has the title and right to the property
and whether there is any case against him or an existing liability before
someone decides to buy it. Registration also prevents forgeries or fraud in
transactions specifically in tax, stamp duty etc.

CONCLUSION
Therefore, it can be seen that registration of a document is of utmost importance
and must be done as soon as possible otherwise it would lead to long years of
legal battle which is costly and time consuming.
3.2 ‘Employers obligation towards Employee
Every employee, labour or workman at the workplace has been granted
many rights and privileges by different statutes under law, the same rights
result in corresponding duties for the respective employers, thus along with
rights to employees, law has also assigned certain duties to the employers in
order to ensure a harmonious relationship between the employers and
employees and increase the efficiency of work at the respective workplace.

IN ORDER TO CLOSELY GET TO KNOW THE DUTIES OF THE EMPLOYER, ONE

NEEDS TO LOOK INTO THE FOLLOWING ASPECTS

1. Employer’s obligation towards contract labourers

2. Employer’s obligation towards women
3. Employer’s obligation in case of hazardous industries
4. Employer’s obligation in General

EMPLOYER’S OBLIGATION TOWARDS

CONTRACT LABOURERS
The Contract Labour (Regulation and Abolition) 1970, lists down the
provisions that assign duties to the “Principal Employer” towards the contract
labourers. Principal Employer is any person who controls or supervises the
establishment.

An important point that must be noted is that this Act shall cover only that
establishments which have employed 20 or more contract labourers in any
day of the preceding 12 months.

DUTY TO ENSURE THE PRESENCE OF A

REPRESENTATIVE
The employer has a duty to ensure that a representative is present during
the distribution of wages. The representative is duty bound to check if all the
wages is distributed by the contractor without any error or discrepancies, in
case of any discrepancy in any such distribution, the principal employer shall
step in and make good any error in distribution of wages, by paying off the
default wages out of the amount payable to the contractor or as a debt that
is payable by the contractor

DUTY TO PROVIDE FOR BASIC AMENITIES

The employer has the duty to ensure and provide all kinds of basic amenities
to all the contract labourer or workers present in the establishment. These
facilities shall include Rest Rooms, Canteen, First Aid Facilities, Drinking
Water and Toilet Facilities.

MISCELLANEOUS DUTIES
The employer also has the duty to keep a check on the contractor and his
operations and his history, he also has the duty to check if the contractor
possesses a valid licence or registration under the act.

DUTY OF THE EMPLOYER TOWARDS WOMEN

Section 19 of the Sexual Harassment of Women at Workplace (Prevention) Act 2013 lays down the
duties of the Employer to ensure protection of his or her women employees –
The Section lays down the basic obligations which the employers need to
follow to ensure the safety of the female workforce, these obligations include

 Providing a safe working environment for women,

 Setting up committees which cater to women,
 Organising awareness programmes for women safety,
 Displaying on the notice board the consequences of crime against
women or
 Assisting the woman employee if she want’s to file a complaint
against any act of sexual harassment.
Apart from this the Employer also has the duty to grant maternity benefits to
his pregnant employees. The obligations as per the maternity benefits acts
are as follows –
 No employer shall employ a woman within six weeks of her delivery
or miscarriage.
 No employer shall allow a pregnant woman to do any arduous work
which require long hours of standing or likely to interfere with her
pregnancy.
 Employer shall be liable to pay the payment at the rate of average
daily wage for the period of her actual absence. This period might
include any period preceding the day of delivery, actual day of
delivery or any following the delivery. On contravening these
conditions the employer shall be punishable with imprisonment for a
period of three months which might extend to one year and with
fine ranging from two thousand to five thousand.
 On receipt of the notice from any woman claiming maternity benefit
under the Act, the employer shall allow the woman to absent herself
from the work.
 The amount of maternity benefit for the period immediately
preceding the expected dates of delivery shall be paid in advance to
the woman on production of the proof that she is pregnant. That
amount should be paid within forty-eight hours of production of
such proof.
 If woman entitled to maternity benefit dies before receiving it then
the amount shall be paid by employer to the person nominated by
that woman for receiving such benefit.
 Employer shall provide the concerned woman with the medical
bonus as mentioned under the Act.
 If a woman is absent from the establishment in accordance with the
provisions of this Act then it unlawful on the part of the employee to
dismiss or discharge her from the employment. On contravention of
this punishment for employer is imprisonment for three months and
it might extend up to one year and with fine ranging from two
thousand to five thousand.
 Employer is required to provide information regarding the names
and addresses of the women employed, applications or notices
received from them under the Act and payment made to them to
the inspector appointed under this Act.
 Every employer shall maintain registers, records and muster-rolls as
may be prescribed.
DUTY OF EMPLOYERS IN CASE OF
HAZARDOUS INDUSTRIES

THE INDUSTRIAL EMPLOYMENT ( STANDING ORDER ) RULES 1946, LAY

DOWN THE DUTIES OF THE EMPLOYER IN CASE OF HAZARDOUS

INDUSTRIES.

According to Rule 2A of the statute,

The employer in case of a COAL MINE shall have the following duties –

 Medical Aid
 Railway Facilities
 Declaration of the process of filling vacancies
 Declaration of the process of transfers
 Production of Service Certificate

THE EMPLOYER IN CASE OF ANY ESTABLISHMENT NOT

BEING A COAL MINE SHALL HAVE THE FOLLOWING
DUTIES-

 Publish working times, wage rate and holidays

 Notify the workers of any change in Shift Working
 Paying wages regularly
 Granting leaves on application or casual leaves
 Stopping work in case of any kind of mishap or fire, catastrophe, the
breakdown of machinery or stoppage of power-supply, epidemics,
civil commotion or other cause beyond his control, stop any section
 or sections of the establishment, wholly or partially for any period or
periods without notice.
 Entitle every permanent Worker a service certificate upon
termination of employment
 Medical Examination of workers at own expense
 Follow all the regulations laid down under the Standing Orders

GENERAL DUTY OF THE EMPLOYERS

The employer also has some general and basic duties towards the
employees. The following are the general duties which every employer owes
to his or her employees

 Duty to allow paid leaves to the employees

 Duty to pay the employees without any discrimination
 Duty to pay gratuity to any employee who has rendered his services
for five years
 Duty to maintain an employee provident fund, that is a retirement
benefit available to all the salaried employees
 Duty to insure the employee under the Employee State Insurance
Act 1948
 The employer has the duty to insure the employee in case of any
injury or miscarriage that may happen in the course of employment
 Duty to strictly comply by the 9 hour rule laid down by the Shops
and Establishments act of every state.
 The Shop and Establishments Act of every state has fixed the
maximum no. of working hours 9 hours a day and 48 hours a week
 Duty to enter into an Employment agreement with the employee

CONCLUSION
In addition to all the above duties and obligations the employer cannot
escape from the basic duty of protecting the rights of the employees, be it
permanent or contractual. Fulfilling and protecting the rights of the
employees and the workmen who contribute towards the interests of the
employer.
3.3 Occupational and Health Law
Ensuring the safety and health of employees in the workplace is a priority for many businesses.
Occupational Safety and Health (OSH) law helps to ensure that employers are providing safe
working conditions for their employees. In this article, we will explore OSH law and what it means
for businesses and their workers.

What is Occupational Safety and Health Law?

Occupational safety and health law, commonly referred to as OSH law, is a body of regulations
that are designed to protect workers from injury or illness due to their work environment. It
encompasses the legal requirements for employers to provide safe and healthy working
conditions for their employees.

This includes providing adequate protection against hazards such as dangerous chemicals, toxic
substances, extreme temperatures, hazardous machinery, electrical shocks, slips and falls. OSH
laws also require employers to take measures that will help prevent workplace accidents and
ensure prompt medical treatment if an accident does occur.

The main purpose of OSH law is to reduce the risk of workplace injuries or illnesses by
implementing various safety procedures in order to create a safe work environment. By doing so,
it helps businesses avoid costly lawsuits while ensuring the health and well-being of their
employees at the same time.

Who Does Occupational Safety & Health Law Apply To?

The majority of occupational safety & health (OSH) laws apply only in certain jurisdictions; these
include federal laws enforced by agencies such as the Department of Labour's Occupational
Safety & Health Administration (OSHA), state laws enforced by state departments responsible for
labour standards enforcement, and locally applicable ordinances enforced by local governments.

As such, it's important for employers in each jurisdiction where they operate understand which
specific regulations they must comply with. Generally speaking,however, OSH applies equally
across all business sectors regardless of size or industry. All employers have a duty under OSH
law to provide a safe working environment free from recognized hazards likely cause death or
serious physical harm.

What Are Some Common Requirements Under Occupational Safety &

Health Law?
There are several common requirements imposed on employers under occupational
safety & health (OSH) law including:

 Ensuring that all workers wear personal protective equipment when necessary; this could
be anything from hard hats on construction sites through respirators when dealing with
hazardous materials
  Establishing emergency plans should any type of incident occur; this could involve having
clear evacuation routes marked out within buildings, providing fire extinguishers etc
 Making sure appropriate training has been given before any new piece of equipment is
introduced into the workplace
 Providing regular medical check-ups if required
 Reporting any incidents which result in employee injury or death
 Keeping accurate records related to employee injuries/illnesses
 Implementing hazard identification processes

Compliance With Occupational Safety and Health Laws Is Essential

for Businesses of All Sizes
Regardless of whether you run a small business with just 5 employees or large multinational
corporation employing thousands of people - compliance with occupational safety & health
(OSH) legislation isn't optional; it's essential! Failure adhere strict guidelines can lead fines
severe financial penalties not mention potential jail time. In addition, making sure your business
complies with relevant legislation shows customers, suppliers& investors that you take health
and safety seriously - which can only benefit your organization long term.

How Can Businesses Ensure Compliance with Occupational Safety

and Health Law?
The best way for businesses to ensure compliance with occupational safety & health (OSH) law
is to create a detailed safety plan. This should include identifying all potential workplace hazards,
assessing the risks associated with them, implementing measures to reduce or eliminate those
risks where possible, providing training on workplace safety procedures, and regularly auditing
the effectiveness of the plan. Additionally, employers should consult relevant legislation in order
to gain an understanding of their legal obligations under OSH law. Finally, it's important for
employers to remain up-to-date with any changes in OSH regulations as they may be introduced
from time-to-time.

Conclusion
Occupational Safety & Health laws are designed protect both employees' business owners alike;
these regulations help ensure safe working conditions while at same time reducing risk
expensive lawsuits. It's essential for businesses understand what their obligations are under
relevant legislation; failing adhere such requirements can lead hefty fines even prison sentences.
To avoid this happening, employers must create comprehensive safety plans audit effectiveness
thereof on regular basis. Doing so will not only help keep staff members safe but also
demonstrate commitment towards creating healthy work environment - something sure pay
dividends future!
3.4-Constitutional Values And Labour Welfare

Origin of Concept of Labour Welfare in India

Labour welfare activities arose in colonial India in reply to the need of cheap
labours when; following the abolition of slavery in 1833, British colonies
started importing Indian labours. British government passed legislations
which led to the development of the concept of labour welfare in colonial
India. The Apprentices Act of 1850 was passed with the objective of helping
poor and orphan children to learn various trades by apprenticing them to
craftsmen. The Fatal Accidents Act of 1853 aimed at providing compensation
to the families of workmen who lost their lives as a result of an ‘‘actionable
wrong.”

It was the Factories Act of 1881 which paved the way for the foundation of
series of labour laws with the objective of bringing improvements in the
working conditions of labours. The International Labour Organization (ILO) in
its founding year, in 1919, recognised the importance of labour in the
economic and social reconstruction of the world and suggested some changes
in labour welfare schemes operating in India. The then government of the
day, subsequently, enacted the Factories Act of 1922, which provided for the
cap of 60 hours a week and 11 hours a day for both men and woman. The
minimum age for child worker was set at 12.

Definition of Labour Welfare

The concept of labour welfare is a broad concept. It connotes a condition of
well-being, happiness, satisfaction, conservation and development of human
resource.1The Committee on Labour Welfare, 1969, noted that “labour
welfare includes such services, as facilities and amenities as adequate
canteen, rest and recreational facilities, sanitary and medical facilities,
arrangement for travel to and from work and for the accommodation of the
workers employed at a distance from their homes and such other services
amenities and facilities as contribute to improve the condition under which
workers are employed.”2

Labour Rights and Indian Constitution

Indian constitution provides numerous safeguards for the protection of labour

rights. These safeguards are in the form of fundamental rights and the
Directive principle of State policy.
Articles 14,19,21,23 and 24 comprise of fundamental rights promised under
part III of the Constitution. Articles 38, 39, 39A, 41, 42, 43,43A and 47 form
part of the Directive Principles of State Policy under Part IV of the
Constitution, but they are not enforceable in a court of law.

Article 39, 39A, 41, 42, 43 and 43A collectively can be termed “Magna Carta
of working class in India.”

Let us have a brief overview of these Articles‐

Article 14 commands State to treat any person equally before the law.

Article (19) (1) (c) grants citizens the right to form association or unions.

Article 21 promises protection of life and personal liberty.

Article 23 prohibits forced labour.

Article 24 prohibits employment of children below the age of fourteen years.

Article 39(a) provides that the State shall secure to its citizens equal right to
an adequate means of livelihood.

Article 39A provides that the State shall secure the equal opportunities for
access to justice to its citizens and ensure that such opportunities are not
denied by reason of economic or other disabilities.

Article 41 provides that within the limits of its economic capacity the State
shall secure for the Right to work and education.

Article 42 instructs State to make provisions for securing just and humane
conditions of work and for maternity relief.

Article 43 orders the State to secure a living wage, decent condition of work
and social and cultural opportunities to all workers through legislation or
economic organisation. And

Article 43A provides for the participation of workers in Management of

Industries through legislation.
Principle of equal pay for equal work and Indian Supreme
Court
The principle of equal pay for equal work is enshrined in Article 39(d) of the
Constitution. For the first time, this principle was considered in Kishori
Mohanlal Bakshi v. Union of India3 in 1962.Supreme Court then ruled that
it was not capable of being enforced in a court of law. The Apex court
changed its mind in 1982 when in Randhir Singh v. Union of India4,
through a 3 judge bench, it held that:

The principle of ‘equal pay for equal work’, which meant equal pay for
everyone irrespective of sex, was deducible from preamble and Articles
14,16 and 39(d) of the Constitution. The principle of equal pay for equal
work w as held to be applicable to cases of unequal scales of pay, based on
classification or irrational classification, though both sets of
employees(engaged on temporary and regular basis, respectively) performed
identical duties and responsibilities.

In DS Nakara v. Union of India5 (1983) where the subject matter was

related to pension, not a wage, speaking through the constitutional
bench of five judges, it observed that:

Article 38(1) enjoins the State to strive to promote the welfare of the people
by securing and protecting as effective as it may a social order in which
justice- social, economic and political shall inform all institutions of the
national life. In particular, the State shall strive to minimise the inequalities
in income and endeavour to eliminate inequalities in status, facilities and
opportunities.Art.39 (d) enjoins a duty to see that there is equal pay for
equal work for both men and women and this directive should be understood
and interpreted in the light of the judgement of this court in Randhir Singh
v.Union of India (1982).

The jurisprudence developed through these two case laws was recently
applied by the Apex Court in the case of State of Punjab v.Jagjit
Singh6 (2016) where it held that temporarily engaged employees(daily
wage employees, ad‐hoc appointed on casual basis , contractual employees
and the like),are entitled to minimum of the regular pay scale, along with
dearness allowance(as revised from time to time )on account of their
performing same duties, which are discharged by those engaged on regular
basis, against sanctioned posts.