LexThe BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996
Bihar · state statute
Open in Lexace · Ask the AI about this act1 THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996 ___________ ARRANGEMENT OF SECTIONS ___________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent, commencement and application. 2. Definitions. CHAPTER II THE ADVISORY COMMITTEES AND EXPERT COMMITTEES 3. Central Advisory Committee. 4. State Advisory Committee. 5. Expert committees. CHAPTER III REGISTRATION OF ESTABLISHMENTS 6. Appointment of registering officers. 7. Registration of establishments. 8. Revocation of registration in certain cases. 9. Appeal. 10. Effect of non-registration. CHAPTER IV REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES 11. Beneficiaries of the Fund. 12. Registration of building workers as beneficiaries. 13. Identity cards. 14. Cessation as a beneficiary. 15. Register of beneficiaries. 16. Contribution of building workers. 17. Effect of non-payment of contribution. CHAPTER V BUILDING AND OTHER CONSTRUCTION WORKERS’ WELFARE BOARDS 18. Constitution of State Welfare Boards. 19. Secretary and other officers of Boards. 20. Meetings of Boards. 21. Vacancies, etc., not to invalidate proceedings of the Boards. 22. Functions of the Boards. 23. Grants and loans by the Central Government. 24. Building and Other Construction Workers’ Welfare Fund and its application. 2 SECTIONS 25. Budget. 26. Annual report. 27. Accounts and audit. CHAPTER VI HOURS OF WORK, WELFARE MEASURES AND OTHER CONDITIONS OF SERVICE OF BUILDING WORKERS 28. Fixing hours for normal working day, etc. 29. Wages for overtime work. 30. Maintenance of registers and records. 31. Prohibition of employment of certain persons in certain building or other construction work. 32. Drinking water. 33. Latrines and urinals. 34. Accommodation. 35. Creches. 36. First-aid 37. Canteens, etc. CHAPTER VII SAFETY AND HEALTH MEASURES 38. Safety Committee and safety officers. 39. Notice of certain accidents. 40. Power of appropriate Government to make rules for the safety and health of building workers. 41. Framing of model rules for safety measures. CHAPTER VIII INSPECTING STAFF 42. Appointment of Director-General, Chief Inspector and Inspectors. 43. Powers of Inspectors. CHAPTER IX SPECIAL PROVISIONS 44. Responsibility of employers. 45. Responsibility for payment of wages and compensation. 46. Notice of commencement of building or other construction work. CHAPTER X PENALTIES AND PROCEDURE 47. Penalty for contravention of provisions regarding safety measures. 48. Penalty for failure to give notice of the commencement of the building or other constructio n work. 49. Penalty for obstructions. 50. Penalty for other offences. 51. Appeal. 52. Recovery of penalty. 3 SECTIONS 53. Offences by companies. 54. Cognizance of offences. 55. Limitation of prosecutions. CHAPTER XI MISCELLANEOUS 56. Delegation of powers. 57. Returns. 58. Application of Act 8 of 1923 to building workers. 59. Protection of action taken in good faith. 60. Power of Central Government to give directions. 61. Power to remove difficulties. 62. Power to make rules. 63. Saving of certain laws. 64. Repeal and saving. 4 THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996 ACT NO. 27 OF 1996 [19th August, 1996.] An Act to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare measure s and for other matter s connected therewith or incidental thereto. BE it enacted by Parliament in the Forty-seventh Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. Short title, exten t, 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 building workers in any building or other construction work. Explanation.—For the purposes of this sub-section, the building workers employed in different relays in a day either by the employer or the contractor shall be taken into account in computing the number o f building workers employed in the establishment. 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 b y or under any Central, State or P rovincial 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 emp loys 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, roa ds, 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 wa ter), oil and gas installations, electric lines, wireless, radio , television, telephone, telegraph and overseas communication s, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqueducts, pipelines, towers, cooling towers, transmission t owers and such other work as may be specified in this behalf by the appropriate Government, by notification but does not include 5 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; (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 building workers or who supplies building 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 o r 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. CHAPTER II THE ADVISORY COMMITTEES AND EXPERT COMMITTEES 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 6 (hereinafter referred to as the Central Advisory Committee) to advise the Central Government on s uch 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 a nd one by the Council of States—members; (c) the Director-General—member, ex officio; (d) such number of other members, not exceeding thirteen but not less than nine, as the Ce ntral 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 the ir 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.—(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 o ut 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. STATE AMENDMENT Maharashtra Amendment of section 4 of 27 of 1996 .—In se ction 4 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996), in its application to the State of Maharashtra, in sub -section (2), for clause ( b), the following clause shall be substituted, namely:— 7 “(b) two members of the State Legislature, of whom one shall be nominated by the Speaker of the State Legislative Assembly from amongst the members of the State Legislative Assembly and one by the Chairman of the State Legislative Council form amongst the members of the State Legislative Council.. members;”. [Vide Maharashtra Act 4 of 2016, s. 5]. 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 advising that Government for making rules under this Act. (2) The members of the expert 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 an officer of Government or of any body corporate established by or under any law for the time being in force. CHAPTER III REGISTRATION OF ESTABLISHMENTS 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.—(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 particular s 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 establishme nt 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 .—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 in effective and, therefore, requires to be revoked, he may, after giving an opportunity to the employer of the establishment to be heard, revoke the registration. 8 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.—No employer of an establishment to which this Act applies shall,— (a) in the case of an establishment required to be registere d 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 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. CHAPTER IV REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES 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. Re gistration 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 t hat 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 .—(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. 9 (2) Every employer shall enter in the identity card the details of the building or other construct ion 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 inspe ctor or any other authority for inspection. 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 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 att aining 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 .—Every employer shall maintain a register in such form as may be prescribed showing the details of employment of beneficiaries employed in the bu ilding 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 building 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 .—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. CHAPTER V BUILDING AND OTHER CONSTRUCTION WORKERS’ 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 success ion 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 Sta te Government: 10 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 manner of filling of casual vacancies of the members of the Board, shall be such as may be prescribed. 19. Secretary and other officers 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.—(1) The Board shall meet at such time and place and obser ve 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 s hall 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 .—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.—(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 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 11 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 .—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 Workers’ 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 de cided 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.—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. 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 Central Government. 27. Accounts and audit .—(1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such f orm as may be prescribed in consultation with the Comptroller and Auditor-General of India. (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 p roduction 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. 12 (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. CHAPTER VI HOURS OF WORK, WELFARE MEASURES AND OTHER CONDITIONS OF SERVICE OF BUILDING WORKERS 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 mu st 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 c ompleted 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 .—(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 th e 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. 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 my be prescribed. (2) Every employer shall keep exhibited, in such manner as may be pre scribed, 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 building 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 t o involve a risk of any accident either to the building worker himself or to any other person. 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 ma intain at suitable points conveniently situated for all persons employed therein, a sufficient supply of wholesome drinking water. 13 (2) All such points shall be legibly marked “Drinking Water” in a language understood by a majority of the person s 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 .—In every place where building or other construction work is carried on, the employer shall provide sufficient l atrine 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 separat e 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.—(1) The employer shall provide, free of charges and within the work site or as near to it as may be pos sible, 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 livi ng 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 an y 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. 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.—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.—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. CHAPTER VII SAFETY AND HEALTH MEASURES 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. 14 (2) In eve ry 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 .—(1) Where in any establishment an acciden t 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, t he 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 sub-section 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 Go vernment to make rules for the safety and health of building 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:— (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 an y 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 an d as if it were securely fenced; (j) the safe handling and use of plant, including tools and equipment operated by compressed air; 15 (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 wor kers 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; (q) the precautions to be taken with reg ard 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 t o 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 operati
Excerpt shown. Open the full act in Lexace.