THE BUILDINGS AND OTHER CONSTRUCTION WORKERS (REGULATION OF
EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996
ACT NO. 27 OF 1996
[19th August, 1996]
BE it enacted by Parliament in the Forty-seventh Year of
the Republic of India as follows:-
An Act to regulate the employment and condition of service
of buildings and other construction workers and to provide for
their safety, health and welfare measures and for other matters
connected therewith or incidental thereto.
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title extent commencement and application.
1. Short title extent commencement and application. (1) This
Act may be called the Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Act, 1996.
(2) It extends to the whole of India.
(3) It shall be deemed to have come into force on the 1st day of
March, 1996.
(4) It applies to every establishment which employs, or had
employed on any day of the preceding twelve months, ten or more
buildings workers in any building or other construction work.
2
Explanation.- For the purposes of this sub-section, the buildings
workers employed in different relays in a day either by the employer
or the contractor shall be taken into account in computing the number
of buildings workers employed in the establishment.
2.
Definitions.
2. Definitions. (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 or 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;
(b) "beneficiary" means a building worker registered under
section 12;
(c) "Board" means a Building and Other Construction Workers'
Welfare Board constituted under sub-section (1) of section 18;
(d) "building or other construction work" means the
construction, alteration, repairs, maintenance or demolition, of or,
in relation to, buildings, streets, roads, railways, tramways,
airfields, irrigation, drainage, embankment and navigation works,
flood control works (including storm water drainage works),
generation, transmission and distribution of power, water works
(including channels for distribution of water), oil and gas
installations, electric lines, wireless, radio, television, telephone,
telegraph and overseas communications, dams, canals, reservoirs,
watercourses, tunnels, bridges, viaducts, aqueducts, pipelines,
towers, cooling towers, transmission towers and such other work as may
be specified in this behalf by the appropriate Government, by
notification but does not include any building or other construction
work to which the provisions of the Factories Act, 1948 (63 of 1948),
or the Mines Act, 1952 (35 of 1952), apply;
(e) "building worker" means a person who is employed to do any
skilled, semi-skilled or unskilled, manual, supervisory, technical or
clerical work for hire or reward, whether the terms of employment be
expressed or implied, in connection with any building or other
construction work but does not include any such person-
(i) who is employed mainly in a managerial or administrative
capacity;
or
(ii) who, being employed in a supervisory capacity, draws wages
exceeding one thousand six hundred rupees per mensem or exercises,
either by the nature of the duties attached to the office or by reason
of the powers vested in him, functions mainly of a managerial nature;
(f) "Chief Inspector" means the Chief Inspector of Inspection of
Building and Construction appointed under sub-section (2) of section
42;
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(g) "contractor" means a person who undertakes to produce a
given result for any establishment, other than a mere supply of goods
or articles of manufacture, by the employment of buildings workers or
who supplies buildings workers for any work of the establishment; and
includes a sub-contractor;
(h) "Director-General" means the Director-General of Inspection
appointed under sub-section (1) of section 42;
(i) "employer", in relation to an establishment, means the owner
thereof, and includes,-
(i) in relation to A building or other construction work carried
on by or under the authority of any department of the Government,
directly without any contractor, the authority specified in this
behalf, or where no authority is specified, the head of the
department;
(ii) in relation to a building or other construction work carried
on by or on behalf of a local authority or other establishment
directly without any contractor, the chief executive officer of that
authority or establishment;
(iii) in relation to a building or other construction work
carried on by or through a contractor, or by the employment of
building workers supplied by a contractor, the contractor,
(j) "establishment" means any establishment belonging to, or
under the control of, Government, any body corporate or firm, an
individual or association or other body of individuals which or who
employs building workers in any building or other construction work;
and includes an establishment belonging to a contractor, but does not
include an individual who employs such workers in any building or
construction work in relation to his own residence the total cost of
such construction not being more than rupees ten lakhs;
(k) "Fund" means the Building and Other Construction Workers'
Welfare Fund of a Board constituted under sub-section (1) of section
24;
(l) "notification" means a notification published in the
Official Gazette;
(m) "prescribed" means prescribed by rules made under this Act
by the Central Government or, as the case may be, the State
Government;
(n) "wages" shall have the same meaning as assigned to it in
clause (vi) of section 2 of the Payment of Wages Act, 1936 (4 of
1936).
(2) Any reference in this Act to any law which is not in force
in any area shall, in relation to that area, be construed as a
reference to the corresponding law, if any, in force in that area.
CHAP
THE ADVISORY COMMITTEES AND EXPERT COMMITTEES
CHAPTER II
THE ADVISORY COMMITTEES AND EXPERT COMMITTEES
3.
Central Advisory Committee.
3. Central Advisory Committee. (1) The Central Government
shall, as soon as may be, constitute a Committee to be called the
Central Building and Other Construction Workers' Advisory Committee
(hereinafter referred to as the Central Advisory Committee) to advise
the Central Government on such matters arising out of the
administration of this Act as may be referred to it.
(2) The Central Advisory Committee shall consist of-
(a) a Chairperson to be appointed by the Central Government;
(b) three Members of Parliament of whom two shall be elected by
the House of the People and one by the Council of States-members;
(c) the Director-General-member, ex officio;
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(d) such number of other members, not exceeding thirteen but not
less than nine, as the Central Government may nominate to represent
the employers, building workers, associations of architects,
engineers, accident insurance institutions and any other interests
which, in the opinion of the Central Government, ought to be
represented on the Central Advisory Committee.
(3) The number of persons to be appointed as members from each
of the categories specified in clause (d) of sub-section (2), the term
of office and other conditions of service of, the procedure to be
followed in the discharge of their functions by, and the manner of
filling vacancies among, the members of the Central Advisory Committee shall be such as may be prescribed:
Provided that the members nominated to represent the building
workers shall not be less than the number of members nominated to
represent the employers.
(4) It is hereby declared that the office of member of the
Central Advisory Committee shall not disqualify its holder for being
chosen as, or for being, a Member of either House of Parliament.
4.
State Advisory Committee.
4. State Advisory Committee. (1) The State Government shall
constitute a committee to be called the State Building and Other
Construction Workers' Advisory Committee (hereinafter referred to as
the State Advisory Committee) to advise the State Government on such
matters arising out of the administration of this act as may be
referred to it.
(2) The State Advisory Committee shall consist of-
(a) a Chairperson to be appointed by the State Government;
(b) two members of the State Legislature to be elected from the
State Legislature members;
(c) a member to be nominated by the Central Government;
(d) the Chief Inspector-member, ex officio;
(e) such number of other members, not exceeding eleven" but not
less than seven, as the State Government may nominate to represent the
employers, building workers, associations of architects, engineers,
accident insurance institutions and any other interests which, in the
opinion of the State Government, ought to be represented on the State
Advisory Committee.
(3) The number of persons to be appointed as members from each
of the categories specified in clause (e) of sub-section (2), the term
of office and other conditions of service of, the procedure to be
followed in the discharge of their functions by, and the manner of
filling vacancies among, the members of State Advisory Committee shall
be such as may be prescribed:
Provided that the number of members nominated to represent the
building workers shall not be less than the number of members
nominated to represent the employers.
5.
Expert Committees.
5. Expert Committees. (1) The appropriate Government may
constitute one or more expert committees consisting of persons
specially qualified in building or other construction work for advis-
ing that Government for making rules under this Act.
(2) The members of the export committee shall be paid such fees
and allowances for attending the meetings of the committee as may be
prescribed:
Provided that no fee or allowances shall be payable to a member
who is in officer of Government or of any body corporate established
by or under any law for the time being in force.
CHAP
REGISTRATION OF ESTABLISHMENTS
CHAPTER III
REGISTRATION OF ESTABLISHMENTS
6.
Appointment of registering officers.
6. Appointment of registering officers. The appropriate
Government may, by order notified in the Official Gazette,-
(a) appoint such persons, being Gazetted Officers of Government,
as it thinks fit, to be the registering officers for the purposes of
this Act; and
(b) define the limits within which a registering officer shall
exercise the powers conferred on him by or under this Act.
7.
Registration of establishments.
7. Registration of establishments. (1) Every employer shall,-
(a) in relation to an establishment to which this Act applies on
its commencement, within a period of sixty days from such
commencement; and
(b) in relation to any other establishment to which this Act may
be applicable at any time after such commencement, within a period of
sixty days from the date on which this Act becomes applicable to such
establishment,
make an application to the registering officer for the registration of
such establishment:
Provided that the registering officer may entertain any such
application after the expiry of the periods aforesaid, if he is
satisfied that the applicant was prevented by sufficient cause from
making the application within such period.
(2) Every application under sub-section (1) shall be in such
form and shall contain such particulars and shall be accompanied by
such fees as may be prescribed.
(3) After the receipt of an application under sub-section (1),
the registering officer shall register the establishment and issue a
certificate of registration to the employer thereof in such form and
within such time and subject to such conditions as may be prescribed.
(4) Where, after the registration of an establishment under this
section, any change occurs in the ownership or management or other
prescribed particulars in respect of such establishment, the
particulars regarding such change shall be intimated by the employer
to the registering officer within thirty days of such change in such
form as may be prescribed.
8.
Revocation of registration in certain cases.
8. Revocation of registration in certain cases. If the
registering officer is satisfied, either on a reference made to him in
this behalf or otherwise, that the registration of any establishment
has been obtained by misrepresentation or suppression of any material
fact or that the provisions of this Act are not being complied with in
relation to any work carried on by such establishment, or that for any
other reason the registration has become useless or ineffective and,
therefore, requires to be revoked, he may, after giving an opportunity
to the employer of the establishment to be heard, revoke the
registration.
9.
Appeal.
9. Appeal. (1) Any person aggrieved by an order made under
section 8 may, within thirty days from the date on which the order is
communicated to him, prefer an appeal to the appellate officer who
shall be a person nominated in this behalf by the appropriate
Government:
Provided that the appellate officer may entertain the appeal
after the expiry of the said period of thirty days if he is satisfied
that the appellant was prevented by sufficient cause from filing the
appeal in time.
(2) On receipt of an appeal under sub-section (1), the appellate
officer shall, after giving the appellant an opportunity of being
heard, confirm, modify or reverse the order of revocation as
expeditiously as possible.
10.
Effect of non-registration.
10. Effect of non-registration. No employer of an establishment
to which this Act applies shall,-
(a) in the case of an establishment required to be registered
under section 7, but which has not been registered under that
section;
(b) in the case of an establishment the registration in respect
of which has been revoked under section 8 and no appeal has been
preferred against such order of revocation under section 9 within the
period prescribed for the preferring of such appeal or where an appeal
has been so preferred, such appeal has been dismissed,
employ building workers in the establishment after the expiry of the
period referred to in clause (a) or clause (b) of sub-section (1) of
section 7, or after the revocation of registration
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under section 8 or after the expiry of the period for preferring an
appeal under section 9 or after the dismissal of the appeal, as the
case may be.
CHAP
REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES
CHAPTER IV
REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES
11.
Beneficiaries of the Fund.
11. Beneficiaries of the Fund. Subject to the provisions of this
Act, every building worker registered as a beneficiary under this Act
shall be entitled to the benefits provided by the Board from its Fund under this Act.
12. Registration of building workers as beneficiaries. (1) Every
building worker who has completed eighteen years of age, but has not
completed sixty years of age, and who has been engaged in any building
or other construction work for not less than ninety days during the
preceding twelve months shall be eligible for registration as a
beneficiary under this Act.
(2) An application for registration shall be made in such form,
as may be prescribed, to the officer authorised by the Board in this
behalf.
(3) Every application under sub-section (2) shall be accompanied
by such documents together with such fee not exceeding fifty rupees as
may be prescribed.
(4) If the officer authorised by the Board under sub-section (2)
is satisfied that the applicant has complied with the provisions of
this Act and the rules made thereunder, he shall register the name of
the building worker as a beneficiary under this Act:
Provided that an application for registration shall not be
rejected without giving the applicant an opportunity of being heard.
(5) Any person aggrieved by the decision under sub-section (4)
may, within thirty days from the date of such decision, prefer an
appeal to the Secretary of the Board or any other officer specified by
the Board in this behalf and the decision of the Secretary or such
other officer on such appeal shall be final:
Provided that the Secretary or any other officer specified by the
Board in this behalf may entertain the appeal after the expiry of the
said period of thirty days if he is satisfied that the building worker
was prevented by sufficient cause from filing the appeal in time.
(6) The Secretary of the Board shall cause to maintain such
registers as may be prescribed.
13.
Identity cards.
13. Identity cards. (1) The Board shall give to every
beneficiary an identity card with his photograph duly affixed thereon
and with enough space for entering the details of the building or
other construction work done by him.
(2) Every employer shall enter in the identity card the details
of the building or other construction work done by the beneficiary and
authenticate the same and return it to the beneficiary.
(3) A beneficiary who has been issued an identity card under
this Act shall produce the same whenever demanded by any officer of
Government or the Board, any inspector or any other authority for
inspection.
14.
Cessation as a beneficiary.
14. Cessation as a beneficiary. (1) A building worker who has
been registered as a beneficiary under this Act shall cease. to be as
such when he attains the age of sixty years or when he is not engaged
in building or other construction work for not less than ninety days
in a year:
Provided that in computing the period of ninety days under this
sub-section, there shall be excluded any period of absence from the
building or other construction work due
7
to any personal injury caused to the building worker by accident
arising out of and in the course of his employment.
(2) Notwithstanding anything contained in sub-section (1), if a
person had been a beneficiary for at least three years continuously
immediately before attaining the age of sixty years, he shall be
eligible to get such benefits as may be prescribed.
Explanation.-For computing the period of three years as a
beneficiary with a Board under this sub-section, there shall be added
any period for which a person had been a beneficiary with any other
Board immediately before his registration.
15.
Register of beneficiaries.
15. Register of beneficiaries. Every employer shall maintain a
register in such form as may be prescribed showing the details of
employment of beneficiaries employed in the building or other
construction work undertaken by him and the same may be inspected
without any prior notice by the Secretary of the Board or any other
officer duly authorised by the Board in this behalf.
16.
Contribution of buildings workers.
16. Contribution of buildings workers. (1) A building worker who
has been registered as a beneficiary under this Act shall, until he
attains the age of sixty years, contribute to the Fund at such rate
per mensem as may be specified by the State Government, by
notification in the Official Gazette and different rates of
contribution may be specified for different classes of building
workers:
Provided that the Board may, if satisfied that a beneficiary is
unable to pay his contribution due to any financial hardship, waive
the payment of contribution for a period not exceeding three months at
a time.
(2) A beneficiary may authorise his employer to deduct his
contribution from his monthly wages and to remit the same, within
fifteen days from such deduction, to the Board.
17.
Effect of non-payment of contribution.
17. Effect of nonpayment of contribution. When a beneficiary
has not paid his contribution under sub-section (1) of section 16 for
a continuous period of not less than one year, he shall cease to be a
beneficiary:
Provided that if the Secretary of the Board is satisfied that the
non-payment of contribution was for a reasonable ground and that the
building worker is willing to deposit the arrears, he may allow the
building worker to deposit the contribution in arrears and on such
deposit being made, the registration of building worker shall stand
restored.
CHAP
BUILDING AND OTHER CONSTRUCTION WORKERS' WELFARE BOARDS
CHAPTER V
BUILDING AND OTHER CONSTRUCTION WORKERS' WELFARE BOARDS
18.
Constitution of State Welfare Boards.
18. Constitution of State Welfare Boards. (1) Every State
Government shall, with effect from such date as it may, by
notification, appoint, constitute a Board to be known as the (name of
the State) Building and Other Construction Workers' Welfare Board to
exercise the powers conferred on, and perform the functions assigned
to, it under this Act.
(2) The Board shall be a body corporate by the name aforesaid,
having perpetual succession and a common seal and shall by the said
name sue and be sued.
(3) The Board shall consist of a chairperson, a person to be
nominated by the Central Government and such number of other members,
not exceeding fifteen, as may be appointed to it by the State
Government:
Provided that the Board shall include an equal number of members
representing the State Government, the employers and the building
workers and that at least one member of the Board shall be a woman.
(4) The terms and conditions of appointment and the salaries and
other allowances payable to the chairperson and the other members of
the Board, and the
8
manner of filling of casual vacancies of the members of the Board,
shall be such as may be prescribed.
19.
Secretary and of Boards.
19. Secretary and of Boards. (1) The Board shall appoint a
Secretary and such other officers and employees as it considers
necessary for the efficient discharge of its functions under this Act.
(2) The Secretary of the Board shall be its chief executive
officer.
(3) The terms and conditions of appointment and the salary and
allowances payable to the Secretary and the other officers and
employees of the Board shall be such as may be prescribed.
20.
Meetings of Boards.
20. Meetings of Boards. (1) The Board shall meet at such time
and place and observe such rules of procedure in regard to the
transaction of business at its meetings (including the quorum at such
meetings) as may be prescribed.
(2) The chairperson or, if for any reason he is unable to attend
a meeting of the Board, any member nominated by the chairperson in
this behalf and in the absence of such nomination, any other member
elected by the members present from amongst themselves at the meeting,
shall preside at the meeting.
(3) All questions which come up before any meeting of the Board
shall be decided by a majority of votes of the members present and
voting, and in the event of equality of votes, the chairperson, or in
his absence, the person presiding, shall have a second or a casting
vote.
21.
Vacancies, etc., not to invalidate proceedings of the Boards.
21. Vacancies, etc., not to invalidate proceedings of the
Boards. No act or proceedings of a Board shall be invalid merely by
reason of-
(a) any vacancy in, or any defect in the constitution of, the
Board;
or
(b) any defect in the appointment of a person acting as a member
of the Board;
or
(c) any irregularity in the procedure of the Board not affecting
the merits of the case.
22.
Functions of the Boards.
22. Functions of the Boards. (1) The Board may-
(a) provide immediate assistance to a beneficiary in case of
accident;
(b) make payment of pension to the beneficiaries who have
completed the age of sixty years;
(c) sanction loans and advances to a beneficiary for
construction of a house not exceeding such amount and on such terms
and conditions as may be prescribed;
(d) pay such amount in connection with premia for Group
Insurance Scheme of the beneficiaries as it may deem fit;
(e) give such financial assistance for the education of children
of the beneficiaries as may be prescribed;
(f) meet such medical expenses for treatment of major ailments
of a beneficiary or, such dependant, as may be prescribed;
(g) make payment of maternity benefit to the female
beneficiaries; and
(h) make provision and improvement of such other welfare
measures and facilities as may be prescribed.
(2) The Board may grant loan or subsidy to a local authority or
an employer in aid of any scheme approved by the State Government for
the purpose connected with the
9
welfare of building workers in any establishment.
(3) The Board may pay annually grants-in-aid to a local
authority or to an employer who provides to the satisfaction of the
Board welfare measures and facilities of the standard specified by the
Board for the benefit of the building workers and the members of their
family, so, however, that the amount payable as grants-in-aid to any
local authority or employer shall not exceed-
(a) the amount spent in providing welfare measures and
facilities as determined by the State Government or any person
specified by it in this behalf, or
(b) such amount as may be prescribed,
whichever is less:
Provided that no grant-in-aid shall be payable in respect of any
such welfare measures and facilities where the amount spent thereon
determined as aforesaid is less than the amount prescribed in this
behalf.
23.
Grants and loans by the Central Government.
23. Grants and loans by the Central Government. The Central
Government may, after due appropriation made by Parliament by law in
this behalf, make to a Board grants and loans of such sums of money as
the Government may consider necessary.
24.
Building and Other Construction Worker's Welfare Fund and its
application.
24. Building and Other Construction Worker's Welfare Fund and
its application. (1) There shall be constituted by a Board a fund to
be called the Building and Other Construction Workers' Welfare Fund
and there shall be credited thereto-
(a) any grants and loans made to the Board by the Central
Government under section 23;
(b) all contributions made by the beneficiaries;
(c) all sums received by the Board from such other sources as
may be decided by the Central Government.
(2) The Fund shall be applied for meeting-
(a) expenses of the Board in the discharge of its functions
under section 22; and
(b) salaries, allowances and other remuneration of the members,
officers and other employees of the Board;
(c) expenses on objects and for purposes authorised by this Act.
(3) No Board shall, in any financial year, incur expenses
towards salaries, allowances and other remuneration to its members,
officers and other employees and for meeting the other administrative
expenses exceeding five per cent. of its total expenses during that
financial year.
25.
Budget.
25. Budget. The Board shall prepare, in such form and at such
time each financial year, as may be prescribed, its budget for the
next financial year, showing the estimated receipts and expenditure of
the Board and forward the same to the State Government and the Central
Government.
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Annual report.
26. Annual report. The Board shall prepare, in such form and at
such time each financial year as may be prescribed, its annual report,
giving a full account of its activities during the previous financial
year, and submit a copy thereof to the State Government and the Cen-
tral Government.
27.
Accounts and audit.
27. Accounts and audit. (1) The Board shall maintain proper
accounts and other relevant records and prepare an annual statement of
accounts in such form as may be prescribed in consultation with the
Comptroller and Auditor-General of India.
10
(2) The Comptroller and Auditor-General of India or any other
person appointed by him in connection with the auditing of the
accounts of the Board under this Act shall have the same rights and
privileges and the authority in connection with such audit as the
Comptroller and Auditor-General of India has in connection with the
auditing of the Government accounts and, in particular shall have the
right to demand the production of books, accounts, connected vouchers
and other documents and papers and to inspect any of the offices of
the Board under this Act.
(3) The accounts of the Board shall be audited by the
Comptroller and Auditor-General of India annually and any expenditure
incurred in connection with such audit shall be payable by the Board
to the Comptroller and Auditor-General of India.
(4) The Board shall furnish to the State Government before such
date as may be prescribed its audited copy of accounts together with
the auditor's report.
(5) The State Government shall cause the annual report and
auditor's report to be laid, as soon as may be after they are
received, before the State Legislature.
CHAP
HOURS OF WORK, WELFARE MEASURES AND OTHER CONDITIONS OF SERVICE OF BUILDING
WORKERS
CHAPTER VI
HOURS OF WORK, WELFARE MEASURES AND OTHER CONDITIONS OF SERVICE OF
BUILDING WORKERS
28.
Fixing hours for normal working day, etc.
28. Fixing hours for normal working day, etc. (1) The
appropriate Government may, by rules,-
(a) fix the number of hours of work which shall constitute a
normal working day for a building worker, inclusive of one or more
specified intervals;
(b) provide for a day of rest in every period of seven days
which shall be allowed to all building workers and for the payment of
remuneration in respect of such days of rest;
(c) provide for payment of work on a day of rest at a rate not
less than the overtime rate specified in section 29.
(2) The provisions of sub-section (1) shall, in relation to the
following classes of building workers, apply only to such extent, and
subject to such conditions, as may be prescribed, namely:-
(a) persons engaged on urgent work, or in any emergency which
could not have been foreseen or prevented;
(b) persons engaged in a work in the nature of preparatory or
complementary work which must necessarily be carried on outside the
normal hours of work laid down in the rules;
(c) persons engaged in any work which for technical reasons has
to be completed before the day is over;
(d) persons engaged in a work which could not be carried on
except at times dependant on the irregular action of natural forces.
29.
Wages for overtime work.
29. Wages for overtime work. (1) Where any building worker is
required to work on any day in excess of the number of hours
constituting a normal working day, he shall be entitled to wages at
the rate of twice his ordinary rate of wages.
(2) For the purposes of this section, "ordinary rates of wages"
means the basic wages plus such allowances as the worker is for the
time being entitled to but does not include any bonus.
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30.
Maintenance of registers and records.
30. Maintenance of registers and records. (1) Every employer
shall maintain such registers and records giving such particulars of
building workers employed by him, the work performed by them, the
number of hours of work which shall constitute a normal working day
for them, a day of rest in every period of seven days which shall be
allowed to them, the wages paid to them, the receipts given by them
and such other particulars in such form as may be prescribed.
(2) Every employer shall keep exhibited, in such manner as may
be prescribed, in the place where such workers may be employed,
notices in the prescribed form containing the prescribed particulars.
(3) The appropriate Government may, by rules, provide for the
issue of wage books or wage slips to building workers employed in an
establishment and prescribe the manner in which entries shall be made
and authenticated in such wage books or wage slips by the employer or
his agent.
31.
Prohibition of employment of certain persons in certain buildings or other
construction work.
31. Prohibition of employment of certain persons in certain
buildings or other construction work. No person about whom the
employer knows or has reason to believe that he is a deaf or he has a
defective vision or he has a tendency to giddiness shall be required
or allowed to work in any such operation of building or other
construction work which is likely to involve a risk of any accident
either to the building worker himself or to any other person.
32.
Drinking water.
32. Drinking water. (1) The employer shall make in every place
where building or other construction work is in progress, effective
arrangements to provide and maintain at suitable points conveniently
situated for all persons employed therein, a sufficient supply of
wholesome drinking water.
(2) All such points shall be legibly marked "Drinking Water" in
a language understood by a majority of the persons employed in such
place and no such point shall be situated within six metres of any
washing place, urinal or latrine.
33.
Latrines and urinals.
33. Latrines and urinals. In every place where building or
other construction work is carried on, the employer shall provide
sufficient latrine and urinal accommodation of such types as may be
prescribed and they shall be so conveniently situated as may be
accessible to the building workers at all times while they are in such
place:
Provided that it shall not be necessary to provide separate
urinals in any place where less than fifty persons are employed or
where the latrines are connected to a water-borne sewage system.
34.
Accommodation.
34. Accommodation. (1) The employer shall provide, free of
charges and within the work site or as near to it as may be possible,
temporary living accommodation to all building workers employed by him
for such period as the building or other construction work is in
progress.
(2) The temporary accommodation provided under sub-section (1)
shall have separate cooking place, bathing, washing and lavatory
facilities.
(3) As soon as may be, after the building or other construction
work is over, the employer shall, at his own cost, cause removal or
demolition of the temporary structures erected by him for the purpose
of providing living accommodation, cooking place or other facilities
to the building workers as required under sub-section (1) and restore
the ground in good level and clean condition.
(4) In case an employer is given any land by a Municipal Board
or any other local authority for the purposes of providing temporary
accommodation for the building workers under this section, he shall,
as soon as may be after the construction work is over, return the
possession of such land in the same condition in which he received the
same.
12
35.
Creches.
35. Creches. (1) In every place wherein, more than fifty female
building workers are ordinarily employed, there shall be provided and
maintained a suitable room or rooms for the use of children under the
age of six years of such female workers.
(2) Such rooms shall-
(a) provide adequate accommodation;
(b) be adequately lighted and ventilated;
(c) be maintained in a clean and sanitary condition;
(d) be under the charge of women trained in the care of children
and infants.
36.
First-aid.
36. First-aid. Every employer shall provide in all the places
where building or other construction work is carried on such first-aid
facilities as may be prescribed.
37.
Canteens, etc.
37. Canteens, etc. The appropriate Government may, by rules,
require the employer-
(a) to provide and maintain in every place wherein not less than
two hundred and fifty building workers are ordinarily employed, a
canteen for the use of the workers;
(b) to provide such other welfare measures for the benefit of
building workers as may be prescribed.
CHAP
SAFETY AND HEALTH MEASURES
CHAPTER VII
SAFETY AND HEALTH MEASURES
38.
Safety Committee and safety officers.
38. Safety Committee and safety officers. (1) In every
establishment wherein five hundred or more building workers are
ordinarily employed, the employer shall constitute a Safety Committee
consisting of such number of representatives of the employer and the
building workers as may be prescribed by the State Government:
Provided that the number of persons representing the workers,
shall, in no case, be less than the persons representing the
employer.
(2) In every establishment referred to in sub-section (1), the
employer shall also appoint a safety officer who shall possess such
qualifications and perform such duties as may be prescribed.
39.
Notice of certain accidents.
39. Notice of certain accidents. (1) Where in any establishment
an accident occurs which causes death or which causes any bodily
injury by reason of which the person injured is prevented from working
for a period of forty-eight hours or more immediately following the
accident, or which is of such a nature as may be prescribed, the
employer shall give notice thereof to such authority, in such form and
within such time as may be prescribed.
(2) On receipt of a notice under sub-section (1) the authority
referred to in that subsection may make such investigation or inquiry
as it considers necessary.
(3) Where a notice given under sub-section (1) relates to an
accident causing death of five or more persons, the authority shall
make an inquiry into such accident within one month of the receipt of
the notice.
40.
Power of appropriate Government to make rules for the safety and health
of buildings workers.
40. Power of appropriate Government to make rules for the safety
and health of buildings workers. (1) The appropriate Government may,
by notification, make rules regarding the measures to be taken for the
safety and health of building workers in the course of their
employment and the equipment and appliances necessary to be provided
to them for ensuring their safety, health and protection, during such
employment.
(2) In particular, and without prejudice to the generality of
the foregoing power, such rules may provide for all or any of the
following matters, namely:-
13
(a) the safe means of access to, and the safety of, any working
place, including the provision of suitable and sufficient scaffolding
at various stages when work cannot be safely done from the ground or
from any part of a building or from a ladder or such other means of
support;
(b) the precautions to be taken in connection with the
demolition of the whole or any substantial part of a building or other
structure under the supervision of a competent person and the
avoidance of danger from collapse of any building or other structure
while removing any part of the framed building or other structure by
shoring or otherwise;
(c) the handling or use of explosive under the control of
competent persons so that there is no exposure to the risk of injury
from explosion or from flying material;
(d) the erection, installation, use and maintenance of
transporting equipment, such as locomotives, trucks, wagons and other
vehicles and trailers and appointment of competent persons to drive or
operate such equipment;
(e) the erection, installation, use and maintenance of hoists,
lifting appliances and lifting gear including periodical testing and
examination and heat treatment where necessary, precautions to be
taken while raising or lowering loads, restrictions on carriage of
persons and appointment of competent persons on hoists or other
lifting appliances,
(f) the adequate and suitable lighting of every workplace and
approach thereto, of every place where raising or lowering operations
with the use of hoists, lifting appliances or lifting gears are in
progress and of all openings dangerous to building workers employed;
(g) the precautions to be taken to prevent inhalation of dust,
fumes, gases or vapours during any grinding, cleaning, spraying or
manipulation of any material and steps to be taken to secure and
maintain adequate ventilation of every working place or confined
space;
(h) the measures to be taken during stacking or unstacking,
stowing or unstowing of materials or goods or handling in connection
therewith;
(i) the safeguarding of machinery including the fencing of every
fly-Wheel and every moving part of a prime mover and every part of
transmission or other machinery, unless it is in such a position or of
such construction as to be safe to every worker working on any of the
operations and as if it were securely fenced;
(j) the safe handling and use of plant, including tools and
equipment operated by compressed air;
(k) the precautions to be taken in case of fire;
(l) the limits of weight to be lifted or moved by workers;
(m) the safe transport of workers to or from any workplace by
water and provision of means for rescue from drowning;
(n) the steps to be taken to prevent danger to workers from live
electric wires or apparatus including electrical machinery and tools
and from overhead wires;
(o) the keeping of safety nets, safety sheets and safety belts
where the special nature or the circumstances of work render them
necessary for the safety of the workers;
(p) the standards to be complied with regard to scaffolding,
ladders and stairs, lifting appliances, ropes, chains and accessories,
earth moving equipments and floating operational equipments;
14
(q) the precautions to be taken with regard to pile driving,
concrete work, work with hot asphalt, tar or other similar things,
insulation work, demolition operations, excavation, underground
construction and handling materials;
(r) the safety policy, that is to say, a policy relating to
steps to be taken to ensure the safety and health of the building
workers, the administrative arrangements therefor and the matters
connected therewith, to be framed by the employers and contractors for
the operation to be carried on in a building or other construction
work;
(s) the information to be furnished to the Bureau of Indian
Standards established under the Bureau of Indian Standards Act, 1986
(63 of 1986), regarding the use of any article or process covered
under the Act in a buildings or other construction work;
(t) the provision and maintenance of medical facilities for
building workers;
(u) any other matter concerning the safety and health of workers
working in any of the operations being carried on in a building or
other construction work.
41.
Framing of model rules for safety measures.
41. Framing of model rules for safety measures. The Central
Government may, after considering the recommendation of the expert
committee constituted under section 5, frame model rules in respect of
all or any of the matters specified in section 40 and where any such
model rules have been framed in respect of any such matter the
appropriate Government shall, while making any rules in respect of
that matter under section 40, so far as is practicable, conform to
such model rules.
CHAP
INSPECTING STAFF
CHAPTER VIII
INSPECTING STAFF
42.
Appointment of Director-General, Chief Inspector and Inspectors.
42. Appointment of Director-General, Chief Inspector and
Inspectors. (1) The Central Government may, by notification, appoint a
Gazetted Officer of that Government to be the Director-General of
Inspection who shall be responsible for laying down the standards of
inspection and shall also exercise the powers of an Inspector
throughout India in relation to all the establishments for which the
Central Government is the appropriate Government.
(2) The State Government may, by notification, appoint a
Gazetted Officer of that Government to be the Chief Inspector of
Inspection of Building and Construction who shall also exercise the
powers of an Inspector under this Act throughout the State in relation
to establishments for which the State Government is the appropriate
Government.
(3) The appropriate Government may, by notification, appoint
such number of its officers as it thinks fit to be Inspectors for the
purposes of this Act and may assign to them such local limits as it
may think fit.
(4) Every Inspector appointed under this section shall be
subject to the control of the Director-General or the Chief Inspector,
as the case may be, and shall exercise his powers and perform his
functions under this Act subject to general control and supervision of
the Director-General or the Chief inspector.
(5) The Director-General, the Chief Inspector and every
Inspector shall be deemed to be public servants within the meaning of
section 21 of the Indian Penal Code (45 of 1860).
43.
Power of Inspectors.
43. Power of Inspectors. (1) Subject to any rules made in this
behalf, an Inspector may, within the local limits for which he is
appointed,-
(a) enter, at all reasonable hours, with such assistants (if any)
being persons in the service of the Government or any local or other
public authority as he thinks fit, any premises or place where
building or other construction work is carried on, for the purpose of
examining any register or record or notices required to be kept or
exhibited by or under this Act, and require the production thereof for
inspection;
15
(b) examine any person whom he finds in any such premises or
place and who, he has reasonable cause to believe is a building worker
employed therein;
(c) require any person giving out building or other construction
work to any building worker, to give any information which is in his
power to give with respect to the names and addresses of the persons
to, for and whom the building or other construction work is given out
or received, and with respect to the payments to be made for the
building or other construction work;
(d) seize or take copies of such register, record of wages or
notices or portions thereof as he may consider relevant in respect of
an offence under this Act which he has reason to believe has been
committed by the employer; and
(e) exercise such other powers as may be prescribed.
(2) For the purposes if this section, the Director-General or the
chief Inspector, as the case may be, may employ experts or agencies
having such qualifications and experience and on such terms and
conditions as may be prescribed.
(3) any person required to produce any document or to give my
information required by an Inspector under sub-section (1) shall be
deemed to be legally bound to do so within the meaning of section 175
and section 176 of the Indian Penal Code (45 of 1860).
(4) The provisions of the Code of Criminal Procedure, 1973 (2 of
1974), shall, so far as may be, apply to such search or seizure under
sub-section (1) as they apply to any search or seizure made under the
authority of a warrant issued under section 94 of the said Code.
CHAP
SPECIAL PROVISIONS
CHAPTER IX
SPECIAL PROVISIONS
44.
Responsibility of employers.
44. Responsibility of employers. An employer shall be
responsible for providing constant and adequate supervision of any
building or other construction work in his establishment as to ensure
compliance with the provisions of this Act relating to safety and for
taking all practical steps necessary to prevent accidents.
45.
Responsibility for payment of wages and compensation.
45. Responsibility for payment of wages and compensation. (1)
An employer shall be responsible for payment of wages to each building
worker employed by him and such wages shall be paid on or before such
date as may be prescribed.
(2) In case the contractor fails to make payment of compensation
in respect of a building worker employed by him, where he is liable to
make such payment when due, or makes short payment thereof, then in
the case of death or disablement of the building worker, the employer
shall be liable to make payment of that compensation in full or the
unpaid balance due in accordance with the provisions of the Workmen's
compensation Act 1923 (8 of 1923), and recover the amount so paid from
the contractor either by deduction from any amount payable to the
contractor under any contract or as a debt payable by the contractor.
46.
Notice of commencement of building or other construction work.
46. Notice of commencement of building or other construction
work. (1) An employer shall, at least thirty days before the
commencement of any building or other construction work, send or cause
to be sent to the Inspector having jurisdiction in the area where the
proposed building or other construction work is to be executed, a
written notice containing-
(a) the name and situation of the place where the buildings or
other construction work is proposed to be carried on;
(b) the name and address of the person who is undertaking the
building or other construction work;
(c) the address to which communications relating to the building
or other construction work may be sent;
16
(d) the nature of the work involved and the facilities,
including any plant and machinery, provided;
(e) the arrangements for the storage of explosives, if any, to
be used in the building or other construction work,
(f) the, number of workers likely to be employed during the
various stages of building or other construction work;
(g) the name and designation of the person who will be in
overall charge of the building or other construction work at the site;
(h) the approximate duration of the work;
(i) such other matters as may be prescribed.
(2) Where any change occurs in any of the particulars furnished
under sub-section (1), the employer shall intimate the change to the
Inspector within two days of such change.
(3) Nothing contained in sub-section (1) shall apply in case of
such class of building or other construction work as the appropriate
Government may by notification specify to be emergent works.
CHAP
PENALTIES AND PROCEDURE
CHAPTER X
PENALTIES AND PROCEDURE
47.
Penalty for contravention of provisions regarding safety measures.
47. Penalty for contravention of provisions regarding safety
measures. (1) Whoever contravenes the provisions of any rules made
under section 40 shall be punishable with imprisonment for a term
which may extend to three months, or with fine which may extend to two
thousand rupees, or with both, and in the case of a continuing
contravention, with an additional fine which may extend to one hundred
rupees for every day during which such contravention continues after
conviction for the first such contravention.
(2) If any person who has been convicted of any offence
punishable under subsection (1) is again guilty of an offence
involving a contravention or failure of compliance of the same
provision, he shall be punishable on a subsequent conviction with
imprisonment for a term which may extend to six months or with fine
which shall not be less than five hundred rupees but which may extend
to two thousand rupees or with both:
Provided that for the purposes of this sub-section, no cognizance
shall be taken of any conviction made more than two years before the
commission of the offence for which the person is subsequently being
convicted:
Provided further that the authority imposing the penalty, if it
is satisfied that there are exceptional circumstances warranting such
a course may, after recording its reasons in writing, impose a fine of
less than five hundred rupees.
48.
Penalty for failure to give notice of the commencement of the building or other
construction work.
48. Penalty for failure to give notice of the commencement of
the building or other construction work. Where an employer fails to
give notice of the commencement of the building or other construction
work under section 46, he shall be punishable with imprisonment for a
term which may extend to three months, or with fine which may "tend to
two thousand rupees, or with both.
49.
Penalty for obstructions.
49. Penalty for obstructions. (1) Whoever obstructs an
Inspector in the discharge of his duties under this Act or refuses or
wilfully neglects to afford the Inspector any reasonable facility for
making any inspection, examination, inquiry or investigation
authorised by or under this Act in
17
relation to an establishment shall be punishable with imprisonment for
a term which may extend to three months, or with fine which may extend
to one thousand rupees, or with both.
(2) Whoever wilfully refuses to produce on the demand of an
Inspector any register or other document kept in pursuance of this Act
or prevents or attempts to prevent or does anything which he has
reason to believe is likely to prevent any person from appearing
before, or being examined by, an Inspector acting in pursuance of his
duties under this Act shall be punishable with imprisonment for a term
which may extend to three months, or with fine which may extend to one
thousand rupees, or with both.
50.
Penalty for other offences.
50. Penalty for other offences. (1) Whoever contravenes any
other provision of this Act or any rules made thereunder or who fails
to comply with any provision of this Act or any rules made thereunder
shall, where no express penalty is elsewhere provided for such
contravention or failure, be punishable with fine which may extend to
one thousand rupees for every such contravention or failure, as the
case may be, and in the case of a continuing contravention or failure,
as the case may be, with an additional fine which may extend to one
hundred rupees for every day during which such contravention or
failure continues after the conviction for the first such
contravention or failure.
(2) A penalty under sub-section (1) may be imposed-
(a) by the Director-General where the contravention or failure
relates to a matter to which the appropriate Government is the
Central Government; and
(b) by the Chief Inspector where the contravention or failure
relates to a matter to which the appropriate Government is the State
Government.
(3) No penalty shall be imposed unless the person concerned is
given a notice, in writing-
(a) informing him of the grounds on which it is proposed to
impose a penalty; and
(b) giving him a reasonable opportunity of making a
representation in writing within such reasonable time as may be
specified in the notice against the imposition of penalty mentioned
therein, and, if he so desires, of being heard in the matter.
(4) Without prejudice to any other provision contained in this
Act, the Director- General and the Chief Inspector shall have all the
powers of a civil court under the Code of Civil Procedure, 1908 (5 of
1908), while exercising any powers under this section, in respect of
the following matters, namely:-
(a) summoning and enforcing the attendance of
witnesses;
(b) requiring the discovery and production of any
document;
(c) requisitioning any public record, or copy thereof
from any court or office;
(d) receiving evidence on affidavits; and
(e) issuing commissions for the examination of
witnesses or documents.
(5) Nothing contained in this section shall be construed to
prevent the person concerned from being prosecuted under any other
provision of this Act or any other law for any offence made punishable
by this Act or by that other law, as the case may be, or for being
liable under this Act or any such law to any other or higher penalty
or punishment than is provided for such offence by this section:
Provided that no person shall be punished twice for the same
offence.
18
51.
Appeal.
51. Appeal. Any person aggrieved by the imposition of any
penalty under section 50 may prefer an appeal-
(a) where the penalty has been imposed by the Director-General,
to the Central Government;
(b) where the penalty has been imposed by the Chief Inspector,
to the State Government, imposition of such penalty:
Provided that the Central Government or the State Government, as
the case may be, may, if it is satisfied that the appellant was
prevented by sufficient cause from preferring an appeal within the
aforesaid period of three months, allow such appeal to be preferred
within a further period of three months.
(2) The appellate authority may, after giving the appellant an
opportunity of being heard, if he so desires, and after making such
further inquiry, if any, as it may consider necessary, pass such order
as it thinks fit confirming, modifying or reversing the order appealed
against or may send back the case with such directions as it may think
fit for a fresh decision.
52.
Recovery of penalty.
52. Recovery of penalty. Where any penalty imposed on any
person under section 50 is not paid,-
(i) the Director-General or, as the case may be,
the Chief Inspector may deduct the amount so payable
from any money owing to such person which may be under
his control; or
(ii) the Director-General or, as the case may be,
the Chief Inspector may recover the amount so payable by
detaining or selling the goods belonging to such person
which are under his control; or
(iii) if the amount cannot be recovered from
such person in the manner provided in clause (i) or
clause (ii), the Director-General or, as the case may
be, the Chief Inspector may prepare a certificate signed
by him specifying the amount due from such person and
send it to the Collector of the district in which such
person owns any property or resides or carries on his
business and the said Collector, on receipt of such
certificate shall proceed, to recover from such person
the amount specified thereunder as if it were an arrear
of land revenue.
53.
Offences by companies.
53. Offences by companies. (1) Where an offence under this Act
has been committed by a company, every person who, at the time the
offence was committed, was in charge of, and was responsible to, the
company for the conduct of the business of the company, as well as the
company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render
any such person liable to any punishment, if he proves that the
offence was committed without his knowledge or that he had exercised
all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where
any offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall be deemed to be
guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
Explanation.-For the purposes of this section,-
(a) "company" means any body corporate and includes a firm or
other association of individuals; and
(b) "director", in relation to a firm, means a partner in the
firm.
19
54.
Cognizance of offences.
54. Cognizance of offences. (1) No court shall take cognizance
of any offence punishable under this Act except on a complaint-
(a) made by, or with the previous sanction in writing of, the
Director-General or the Chief Inspector; or
(b) made by an office-bearer of a voluntary organisation
registered under the Societies Registration Act, 1860 (21 of
1860); or
(c) made by an office-bearer of any concerned trade union
registered under the Trade Unions Act, 1926 (16 of 1926).
(2) No court inferior to that of a Metropolitan Magistrate or a
Judicial Magistrate of the first class shall try any offence
punishable under this Act.
55.
Limitation of prosecutions.
55. Limitation of prosecutions. No court shall take cognizance
of an offence punishable under this Act unless the complaint thereof
is made within three months from the date on which the alleged
commission of the offence came to the knowledge of the Director-
General, the Chief Inspector, an office-bearer of a voluntary
Organisation or, as the case may be, an office-bearer of any concerned
trade union.
CHAP
MISCELLANEOUS
CHAPTER XI
MISCELLANEOUS
56.
Delegation of powers.
56. Delegation of powers. A Board may, by general or special
order, delegate to the Chairperson or any other member or to the
Secretary or any other officer or employee of the Board, subject to
such conditions and limitations, if any, as may be specified in the
order, such of its powers and duties under this Act as it may deem
necessary.
57.
Returns.
57. Returns. Every Board shall furnish from time to time to the
Central Government and to the State Government such returns as
they may require.
58.
Application of Act 8 of 1923 to building workers.
58. Application of Act 8 of 1923 to building workers. The
provisions of the Workmen's Compensation Act, 1923, shall so far as
may be, apply to building workers as if the employment to which this
Act applies had been included in the Second Schedule to that Act.
59.
Protection of action taken in good faith.
59. Protection of action taken in good faith. (1) No suit,
prosecution or other legal proceeding shall lie against any person for
anything which is in good faith done or intended to be done in
pursuance of this Act or any rule or order made thereunder.
(2) No prosecution or other legal proceeding shall lie against
the Government, any Board or Committees constituted under this Act or
any member of such Board or any officer or employee of the Government
or the Board or any other person authorised by the Government or any
Board or Committee, for any damage caused or likely to be caused by
anything which is in good faith done or intended to be done in
pursuance of this Act or any rule or order made or issued thereunder.
60.
Power of Government to give direction.
60. Power of Government to give direction. The Central
Government may give directions to the Government of any State or to a
Board as to the carrying into execution in that State of any of the
provisions of this Act.
61.
Power to remove difficulties.
61. Power to remove difficulties. (1) If any difficulty arises
in giving effect to the provisions of this Act, the Central Government
may, by order published in the Official Gazette, make such provisions
not inconsistent with the provisions of this Act, as appears to it to
be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of two
years from the date of commencement of this Act.
20
(2) Every order made under this section shall, as soon as may be
after it is made, be laid before each House of Parliament.
62.
Power to make rules.
62. Power to make rules. (1) The appropriate Government may,
after consultation with the expert committee, by notification, make
rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:-
(a) the number of persons to be appointed as members representing
various interests on the Central Advisory Committee and the State
Advisory Committees, the term of their office and other conditions of
service, the procedure to be followed in the discharge of their
functions and the manner of filling vacancies under sub-section (3) of
section 3 or, as the case may be, under sub-section (3) of section 4;
(b) the fees and allowances that may be paid to the members of
the expert committee for attending its meetings under sub-section
(2) of section 5;
(c) the form of application for the registration of an
establishment, the levy of fees therefore and the particulars it may
contain under sub-section (2) of section 7;
(d) the form of certificate of registration, the time within
which and the conditions subject to which such certificate may be
issued under sub-section (3) of section 7;
(e) the form in which the change in ownership or management or
other particulars shall be intimated to the registering officer under
sub-section (4) of section 7;
(f) the form in which an application for registration as a
beneficiary shall be made under sub-section (2) of section 12;
(g) the document and the fee which shall accompany the
application under subsection (3) of section 12;
(h) the registers which the Secretary of the Board shall cause
to be maintained under sub-section (6) of section 12;
(i) the benefits which may be given under sub-section (2) of
section 14;
(j) the form in which register of beneficiaries shall be
maintained under section 15;
(k) the terms and conditions of appointment, the salaries and
other allowances payable to, and the manner of filling of casual
vacancies of, the Chairperson and other members of the Board under
sub-section (4) of section 18;
(l) the terms and conditions of service and the salaries and
allowances payable to the Secretary and the other officers and
employees of the Board under subsection (3) of section 19;
(m) the time and place, of the meeting of the Board and the
rules of procedure to be followed at such meeting under sub-section
(1) of section 20 including quorum necessary for the transaction of
business;
(n) the amount payable as house building loans or advances, the
terms and conditions of such payment under clause (c), educational
assistance under clause (e), medical expenses payable and the persons
who shall be the dependent of the beneficiaries under clause (f), and
the other welfare measures for which provision may be made under
clause (h), of sub-section (1) of section 22;
(o) the limits of grants-in-aid payable to the local authorities
and employers under clause (b) of sub-section (3) of section 22;
21
(p) the form in which and the time within which the budget of
the Board shall be prepared and forwarded to Government under section
25;
(q) the form in which and the time within which the annual
report of the Board shall be submitted to the State Government and the
Central Government under section 26;
(r) the form of annual statement of accounts under sub-section
(1), and the date before which the audited copy of the accounts
together with the auditor's report shall be furnished under sub-
section (4), of section 27;
(s) the matters required to be provided under sub-section (1) of
section 28 and the extent up to which, and the conditions subject to
which, the provisions of that subsection shall apply to the building
workers under sub-section (2) of that section;
(t) the registers and records that shall be maintained by the
employer and the form in which such registers and records shall be
maintained and the particulars to be included therein under sub-
section (1) of section 30;
(u) the form and manner in which a notice shall be exhibited and
the particulars it may contain under sub-section (2) of section 30;
(v) the issue of wage books or wage slips to building workers
and the manner in which entries are to be made and authenticated in
wage books or wage slips under sub-section (3) of section 30;
(w) the types of latrines and urinals required to be provided
under section 33;
(x) the first-aid facilities which are to be provided under
section 36;
(y) the canteen facilities which are to be provided under clause
(a) of section 37;
(z) the welfare measures which are to be provided under clause
(b) of section 37;
(za) the number of representatives of the employer and the
building workers under sub-section (1) of section 38 and the
qualifications of safety officers and the duties to be performed by
them under sub-section (2) of that section;
(zb) the form of a notice of accident, other matters to be
provided in this behalf and the time within which such notice shall be
given under sub-section (1) of section 39;
(zc) the rules to be made for the safety and health of building
workers under section 40;
(zd) the powers that may be exercised by an Inspector under
clause (e) of subsection (1) of section 43 and the qualifications and
experience which the experts or agencies employed under sub-section
(2) of that section shall possess and the terms and conditions on
which such experts or agencies may be employed;
(ze) the date on or before which wages shall be paid to a
building worker under section 45;
(zf) the matters which are required to be prescribed under clause
(i) of subsection (1) of section 46;
(zg) any other matter which is required to be, or may be,
prescribed.
(3) Every rule made by the Central Government under this Act
shall be laid, as soon as may be after it is made, before each House
of Parliament, while it is in session for a total period of thirty
days which may be comprised in one session or in two or more
successive session, and if, before the expiry of the session
immediately following the session or the successive session aforesaid,
both Houses agree in making any modification in the rule or
22
both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect,
as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything
previously done under that rule.
(4) Every rule made by the State Government under this Act shall
be laid, as soon as may be after it is made, before each House of the
State Legislature where it consists of two Houses, or, where such
Legislature consists of one House, before that House
63.
Saving of certain laws.
63. Saving of certain laws. Nothing contained in this Act shall
affect the operation of any corresponding law in a State providing
welfare schemes which are more beneficial to the building and other
construction workers than those provided for them by or under this
Act.
64. Repeal and saving. (1) The Building and Other Construction
Workers (Regulation of Employment and Conditions of Service) Third
Ordinance, 1996 (Ord. 25 of 1996), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the said Ordinance shall be deemed to have been done or
taken under the corresponding provisions of this Act.
K. L. MOHANPURIA,
Secy. to the Govt. of India.
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