REGISTERED No. D-(D)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 36] NEW DELHI, FRIDAY, JULY 27, 1984/SRAVANA 5, 1906
Separate paging is given to this Part in order that it may be filed
as a separate compilation
LOK SABHA
The following Bills were introduced in Lok Sabha on the 27th July, 1984:—
BILL NO. 47 OF 1984
A Bill to provide for adequate safety measures to labourers on construction sites.
BE it enacted by Parliament in the Thirty-fifth Year of the Republic
of India as follows: —
1 (1) This Act may be called the Provision of Adequate Safety- Measures for Labourers on Construction Sites Act, 1984.
(2) It extends to the whole of India except the State of Jammu and
Short title, extent and commence- ment.
Kashmir.
(3) It shall come into force at once.
Definitions.
2. In this Act, unless the context otherwise requires —
(a) "Government" means and includes—
(i) the Central Government in relation to Union territories and the organisations, undertakings or agencies under the control of the Central Government; and
(1)
a THE OA?LTrE Oh INDIA LXTRAORDINARY [PA*T II—(it) the State Government In relation to a State and the organisations, xindertakings or agencies under the control of the State Government; (b) "private agency" means and includes all persons/bodi"B,
other than public bodies, which undertake construction work.
Provision of ade- quate "afety measures.
3. It <,baJl be the duty of the Government or the private agencies, as 1he case may be, to provide adequate safety measures, in accordance with the norms laid down by the Inspectorate of Construction works under section 5, to labourers engaged in construction work undertaken by the Government or private agencies respectively, as the case may be.
4. (1) The Central Government shall set up an Inspectorate of Cons- rrueiion Works, hereinafter called fhe Inspectorate, with Its Head- OfTlce at New Delhi and Regional Offices in the capital of every State.
S-etting up of Inspec- torate of Con- struction Works.
(2) The Inspectorate shall have such number of engineers, safety experts and other stftff as may be determined by the Central Govern- ment.
5. The Inspectorate shall lay down norms of safety to be observed by
the Government and private agencies, which undertake construction work, in providing safety measures for the labourers engaged by them on construction work.
Norms of safety to be laid down by Inspecto- rate.
6. Every Government and private agency which undertakes construc- tion work shall submit to the Inspectorate a detailed list of safety measures provided by it at the construction site before the actual construction work starts on the site.
List of Safety measures to be sub- mitted.
Inspection* by Inspec- torate.
7. Inspectorate shall make surprise inspections at construction sites nnd take stpps to enforce provision of adequate safety measures in accordance with the norms laid down by the Inspectorate under section 5 and such other measures considered to be necessary keeping in view the nature of construction work and the circumstances prevailing at the construction site.
Investiga- tion by I iipfctor ir
8 The Inspectorate shall conduct an Investigation in every case where an accident takes place at the construction site and make a detailed report to the Government,
J*unlste- ment to construction agencv.
9. (1) The Government shall take suitable action to punish the agencies, whether Government or private, in every ease where an accident at construction site results In injury to or loss of life of con- struction labour because of inadequate safety measures or negligence of the conduction agency in any way.
(2) The construction agency whether Government or private, shall be punishable with such fine as may be dtermined by the Government in consultation with the Inspectorate, and the officers or persons in charge of the construction work and/or the persons who have legally undertaken to execute the construcfion work in the name of the Gov- ernment or private agency concerned shall be personally liable to im- prisonment for a term which may extend to three years.
SBC 2] THE GAZETTE OV INDIA EXTRAORDINARY 310. (1) A labourer who suffers an injury while engaged on construc- tion work staalt be paid a compensation by the construction agency,
Compensa- tion to laboureri.
(2) The next of kin, of a labourer who dies while engaged on cons- truction work, shall be paid a compensation by the construction agency.
(3) The compensation payable under sub-sections (I) and (2) shall
be such as may be determined by the Court subject to a minimum of rupees five thousand in case of an injury resulting in permanent dis- ablement and rupees ten thousand in case of death:
Provided that an ex gratia compensation of rupees one thousand in) case of injury resulting in disablement and rupees three thousand in case of death shall be paid Immediately to the labourer or to the next of kin, as the case may be, by the construction agency concerned.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II—STATEMENT OF OBJECTS AND REASONS
The recent tragedies involving death of innocent labourers at the construction sites or digging of deep sewers have become the cause oi1 grief for crores of people of our country and abroad. In fact, there could be nolhing more shocking. From July 1983 to February, 1984, about 21 lives of labourers were lost in building accidents in Delhi alone. The recent tragedy of ghastly deaths of labourers in the State Trading Corporation Building in Delhi where a part of steel scaffolding collapsed should be an eye-opener and needs immediate remedial action.
In all these tragedies a collousness on the part of the agencies in- volved is clear. It is a fact that most government as well as private contractors do not bother to ensure that the large number of workers employed at construction sites or digging deep nalahs are well protected and are not exposed to risks.
Enhancements of grants or payment of ex gratia grants to the families of the deceased is not sufficient to those who have lost their bread winners. Registration of criminal cases against the defaulting contractors is also not enough. What is required is an enactment which could impose legal restraint on such contractors who neglect their basic duty for providing adequate facilities against the risks involved. There should also be a deterent action by the State.
Hence this Bill.
NEW DELHI;
BHEEKHABHAI
March 22, 1984.
FINANCIAL MEMORANDUM
Clause 4 of the Bill provides for setting up of an Inspectorate of Construction Works by the Central Government with its Head-Office at New Delhi and Regional Offices, in the Capital of every State. The Inspectorate shall be provided with such number of engineers, safety experts and other staff as may be determined by the Central Govern- ment. Clause 10 provides for payment of compensation by construction agencies. Under the provisions of the Bill a Government agency, such as C.P.W.D., may also be liable to pay compensation. The Bill, therefore, if enacted is likely to involve a recurring annual expenditure of about Rs. 25 lakhs from the Consolidated Fund of India,
A non-recurring expenditure of about Rs. 50 lakhs is also likely to be incurred from the Consolidated Fund of India on implementation of the provisions of the Bill.
SHC 2] THE GAZETTE OF INDIA EXTRAORDINARY 5BILL NO. 53 OF 1984
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Thirty-fifth Year of the Republic
of India as follows: —
1. This Act may be called, the Constitution (Amendment) Act, 1984.
Short title.
2. In the Seventh Schedule to the Constitution,—
(i) In list I—Union List, entry 97 shall be omitted; and
Amend- ment of Seventh Sche- dule.
(ii) In L4st II—State List, after entry 66, the following entry
shall be inserted, namely: —
"67. Any other matter not enumerated in List I or List III
including any tax not mentioned in either of those lists."
6 THE GAZETTE OF INDIA EXTRAORDINARY [ P ur II—STATEMENT OF OBJECTS AND REASONS
The Constitution which finally emerged after Independence, although described as federal in character, contains essentially strong and pre- dominant elements of Unitary System. It clothed the Centre with mow powers dt the expense of the rights of the States. This is revealed by the fact that the Concurrent List has as may as 47 items. Over and above, tiiere has been a persistent tendency to make Inroads into the powers of the States, whatsoever left with the States.
It is necessary to halt this trend in the interest of preservation of
the unity and integrity o£ the country within the frame work of linguistic, cultural and other diversities.
The transfer of residuary powers to the States from the Centre would
contribute towards reversal of the trend.
Hence this Bill.
NEW DELHI;
CHITTA BASU
April 6, 1984.
SBC. 2J THE GAZETTE OF INDIA EXTRAORDINARY 7BILL N O. 54 OF 1984
A Bill -further to amend the Constitution of India.
BE it enacted by Parliament in the Thirty-fifth Year of the Republic
of India as follows: —
Short 1. (1) This Act may be called the Constitution (Amendment) Act,
1984.
title and commence- ment.
(2) It shall come into force at once.
2. In article 123 of the Constitution, in clause (I), for the words "both Houses of Parliament are in session", the words
Amend- ment of article 123.
3. In article 213 of the Constitution, in clause (1), for the words "both Houses of the Legislature are in session", the words "both or either of the Houses of the Legislature are in session" shall be substituted.
Amend- ment of article 213
8 THE GAZETTE OF INDIA EXTEAORDlNAHY [IJARI II-STATEMENT OF OBJECTS AND REASONS
Article 123 of the Constitution empowers President to promulgate Ordinances. Article 213 similarly empowers the Governors of the States to promulgate Ordinances. These articles also specify the conditions u*ider which the President and the Governors may promulgate such Ordinances.
The spirit of the Constitution is that Ordinance making powers should not be Invoked when the Parliament or the State Legislatures are in session. Ordinances are in essence laws made by the Executive. Resort to this kind of law making should be made only in extra-ordinary situation and should not he taken resort to with the intention of by pasfclng the Parliament or the State Legislatures.
The Government sometimes resorts to this method of law making arbitrarily, even on the eve of the Parliament's Session. Gross arbitra- riness has been shown when the President promulgated the National Security (Amendment) Ordinance, 1984, on the &th April, 1984, when the Lok Sabha was in session and the Rajya Sabha was summoned to meet on the 23rd April, 1984, taking advantage of the loophole in the existing article of the Constitution under which an Ordinance can be promulgated even if one of the Houses is in Session. This indicates the drive towards authoritarianism and contributes towards further erosion of the rights of Parliament. Growing trend of executive fiats needs to be halted.
The Bill aims at plugging this loophole.
NEW DELHI;
CHITTA BASU.
April 9, 1984.
SEC. 2} THE GAZETTE OF INDIA EXTRAORDINARYBILL NO. 48 OF 1984
A Bill m provide for banning all coramunal parties functioning all over India.
BE it enacted by Parliament in the Thirty-fifth Year of the Republic
of India as follows: —
1. (1) Tlii-. Act may be called the Banning of Communal Parties in India Act, 19B4.
(2) It exionds to the whole of India.
(3) It iha'l (.ome into force nt once
Sboit title, extent and com- mence- ment.
2. In this Act, unless the context otherwise inquires, "communal
Definition party" means a party based on leligious community add wctionai appeal to iervo its communal interest and whose activities arc against the interests of the nation.
3. All communal parties, at pie'sent functioning in various States, are
hereby tunned,
Communal parties to be banned.
4. The u:.e of religion and places of worship fur political purposes is
hereby banned.
Use- of religion und religious places far poli- tical purposes to be banned
io LHE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC- 2]STATEMENT OF OBJKCTS AND REASONS
Communal forces a*re creating disintegration in the country and disaffection among various communities. Some parties have taken to exploiting religious sentiments for political en-Is and are pressing various claims as members of different communitfcs rather than as Indians.
There should be all the freedom of association and expression in a democracy, but there can be no freedom to s tbvert the secular ^character of our polity or to imperil the country's unity and integrity. For a sustained political, social and economic growth of our nation, it is necessary that the entry of religious and communal organisations in the field of politics and use of places of worship for political purposes be banned.
The Bill seeks to achieve the above abjective.
NEW DELHI; G. S. NIHAL SINGH WALA
April 23, 1964.
SUBHASH C. KASHYAP, Secretary-General.