LexThe Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
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and Conditions of Service) Act, 1996
1
THE BUILDING AND OTHER CONSTRUCTION WORKERS’
(REGULATION OF EMPLOYMENT AND CONDITIONS OF
SERVICE) ACT, 19961
Sec
(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 measures and for other matters 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, 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 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 of 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, 194 7 (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 this 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
61
7 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 w hich 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, aquaducts, pipelines, towers,
1 Received the assent of the President on 19th August 1996 and published in Gazette of India Extra Pt. II Sec I dated 20th
August 1996.
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and Conditions of Service) Act, 1996
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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 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 on behalf of a
local authority or other establishment, directly without any contractor, the chief
executive officer of that authority or establishment;
(ii) 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 contraction 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 secti on 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
(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;
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(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 or
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 nominat e 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 o f 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 employer.
5. Expert committees:-(1) The appropriate Government may constitute one or more expert committees
consisting of persons specially qualified in building and 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, bei ng 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 the 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
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(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,
Provided that the registering officer may entertain any such application after the expiry of the period s
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 my 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 b uilding 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
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. 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
either eighteen years of age, but has not completed sixt y 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 sha ll 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.
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(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 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.
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. 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 un der 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 has 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 a s 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 registe r 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 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 un able 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.
6 The Building and other Construction Workers‘ (Regulation of Employment
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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 Centr al 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 other officers of Boards: -(1) The Board shall appoint a Secretary and such 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 chairpe rson 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 may be prescribed;
(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 measur es 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.
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(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 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 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.
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 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 the 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.
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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 dependent 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 sec tion, ―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 w ages 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 building or other construction work: -
No person about whom the employer knows or has reason to believe that he is a deaf o r 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 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:
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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 worker s 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 const ruction 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 ordina rily 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 fiv e 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 f or a
period of forty-eight hours or more immediately following the accident, or which is of such 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 o f a notice given 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.
10 The Building and other Construction Workers‘ (Regulation of Employment
and Conditions of Service) Act, 1996
Sec 40
40. Power of appropriate Government 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 prov ision 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 transpo rting 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 applilances 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 place;
(h) the precautions 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 flywheel and every moving pa rt
of 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 work place 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 equ ipments 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
Sec 43 The Building and other Construction Workers‘ (Regulation of Employment
and Conditions of Service) Act, 1996
11
connected therewith, to be framed by the employers and contractors for the operations 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 that Act in a building 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 rul es 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.
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 the Government to be the Directo r 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 be responsible for effectively carrying out
the provisions of this Act in the State and 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 numb er of its officers as it thinks fit
to be Inspectors for the purpose 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 the 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 the 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
. Powers of Inspectors: -(1) Subject to any rules made in this behalf, an Inspector may, within the
locExcerpt shown. Open the full act in Lexace.