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 w...
(1) In this Act, unless the context otherwise requires,----(a) "appropriate Government" means,----(i) in relation to an establishment (which employs building...
|Chapter II||The Advisory Committees And Expers Committees|
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 Commit...
State Advisory Committee
(1) The State Government shall constitute a committee to be called the State Building and Other Construction Workers' Advisory Committee (hereinafter referre...
(1) The appropriate Government may constitute one or more expert committees consisting of persons specially qualified in building or other construction work ...
|Chapter III||Registration Of Establishments|
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 fi...
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 commen...
Revocation of registration in certain cases
If the registering officer is satisfied, either on a reference made to him I this behalf or otherwise, that the registration of any establishment has been ob...
(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 t...
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 ...
|Chapter IV||Registration Of Building Workers As Beneficiaries|
Beneficiaries of the Fund
Subject to the provisions of this Act, every building workers registered as a beneficiary under this Act shall be entitled to the benefits provided by the Bo...
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 othe...
(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...
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 ...
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 oth...
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 ...
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 ...
|Chapter V||Building And Other Construction Workers' Welfare Boards|
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 Stat...
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 th...
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 q...
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) an...
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 t...
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 G...
Building and other Construction Workers Welfare Fund and its application
(1) There shall be constituted by a Board a fund to be called in Building and Other Construction Workers' Welfare Fund and there shall be credited thereto---...
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 estimat...
The Board shall prepare, in such form and at such time each financial year a may be prescribed, its annual report, giving a full account of its activities du...
Accounts and audit
(1) The Board shall maintain proper accounts and other relevant records and prepare and annual statement of accounts in such form as may be prescribed in con...
|Chapter VI||Hours Of Work, Welfare Measures And Other Conditions Of Service Building Workers|
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, inclu...
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 wage...
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 num...
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 re...
(1) The employer shall make in every place where building or other construction work is in progress, effective arrangements to provide and maintain at suitab...
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 ...
(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 ...
(1) In every place wherein, more than fifty female building workers are ordinarily employed, there shall be provided and maintained a suitable room or ro...
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....
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 ...
|Chapter VII||Safety And Health Measure|
Safety Committee and safety officers
(1) The every establishment wherein five hundred or more building workers are ordinarily employed, the employer shall constitute a Safety Committee consistin...
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 fro...
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 cours...
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 ...
|Chapter VIII||Inspecting Staff|
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 Director-General of Inspection who shall be responsib...
Powers 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 s...
|Chapter IX||Special Provisions|
Responsibility of employer
An employer shall be responsible for providing constant and adequate supervision of any building or other construction work in his establishment as to ensure...
Responsibility for payment of wages and compensation
(1) An employer shall be responsible for payment of wages to each building worker employed by him and such wages shall be paid on or before such date as may ...
Responsibility for payment of wages and compensation-2
2(1) An employer shall, at least thirty days before the commencement of any building or other construction work, send or cause to be sent to the Inspector ha...
|Chapter X||Penalties And Procedure|
Penalty for contravention of provisions regarding safety measures
(1) Whoever contravenes the provisions of any rules made under section 40 shall be punishable with imprisonment for a term which may extend to three months, ...
Penalty for failure to give notice of the commencement of the building or other construction work
Where an employer fails to give notice of the commencement of the building or other construction work under section 46, he shall be punishable with imprisonm...
Penalty for obstructions
(1) Whoever obstructs an Inspector in the discharge of his duties under this Act or refuses or willfully neglects to afford the Inspector any reasonable faci...
Penalty for other offences
(1) Whoever contravenes and other provision of this Act or any rules made thereunder or who fails to comply with any provision of this Act or any rules made ...
Any person aggrieved by the imposition of any penalty under section 50 may prefer an appeal----(a) where the penalty has been imposed by the Director-General...
Recovery of penalty
Where any penalty imposed on any person under section 50 is not paid.----(i) the Director-General or, as the case may be, the Chief Inspector may deduct the ...
Offences by companies
(1) Where an offence under this Act has been committed by a company ,every person who, at the time the offence was committed, was in charge of, and was respo...
Cognizance of offences
(1) No court shall take cognizance of any offence punishable under this Act except on a complaint----(a) made by, or with the previous sanction in writing of, ...
Limitation of prosecutions
No court shall take cognizance of an offence punishable under this Act unless the complaint thereof is made within three months from the date on which the a...
Delegation of powers
A Board may, by general or special order, delegate to the Chairperson or any other member or to the Secretary or any other officer or employee of the Board,...
Every Board shall furnish from time to time to the General Government and to the State Government such returns as they may require....
Application of Act 8 of 1923 to building workers
The Provisions of the Workmen's Compensation Act, 1923, shall so far as may be, apply to building workers as if the employment to which this Act applies had ...
Protection of action taken in good faith
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance ...
Power of Central Government to give directions
The Central Government may give directions to the Government of any State or to a Board as to the carrying into execution in that State of any of the provisi...
Power to remove difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make suc...
Power to make rules
(1) The appropriate Government may, after consultation with the expert committee, by notification, make rules for carrying out the provisions of this Act.(2)...
Saving of certain laws
Nothing contained in this Act shall affect the operation of any corresponding law in a State providing welfare schemes which are more beneficial to the build...
Repeal and saving
(1) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Third Ordinance, 1996 (Ord.25 of 1996), is hereby repeal...