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The BUILDINGS AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996

Jharkhand · state statute
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The Buildings And Other Construction Workers (Regulation Of 
Employment And Conditions Of Service) Act, 1996 
 
ACT NO. 27 OF 1996 [ 19th August, 1996] 
 
 
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. 
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. 
(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; 
(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. 
(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; 
(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. 
(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. 
(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. 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 
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. 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. 
(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 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 
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. 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. 
(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. 
(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 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. 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. 
(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 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. 
(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 
manner of filling of casual vacancies of the members of the Board, shall be such as may 
be prescribed. 
 
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. 
(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. 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 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 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. 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. 
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. 
(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. 
(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. 
(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. 
(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. 
 
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. 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. 
(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. 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. 
(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. 
 
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. CHAP SAFETY AND HEALTH MEASURES 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. 
(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. 
(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. 
(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 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; 
(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. 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. 
(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. 
(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; 
(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 

Excerpt shown. Open the full act in Lexace.

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