Building and Other Construction Workers Act 1996
Building and Other Construction Workers Act 1996
Building and Other Construction Workers Act 1996
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.
2 The Building and other Construction Workers (Regulation of Employment Sec 3
and Conditions of Service) Act, 1996
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 section 2 of the
Payment of Wages Act, 1936 (4 of 1936).
(2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be
construed as a reference to the corresponding law, if any, in force in that area.
CHAPTER II
THE ADVISORY COMMITTEES AND EXPERT COMMITTEES
3. Central Advisory Committee:-(1) The Central Government shall, as soon as may be, constitute a
Committee to be called the Central Building and Other Construction Workers Advisory Committee
(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 Statesmembers;
Sec 7 The Building and other Construction Workers (Regulation of Employment 3
and Conditions of Service) Act, 1996
(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 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 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 building workers in the establishment
after the expiry of the period referred to in clause (a) or clause (b) of sub-section (1) of section
7, or after the revocation of registration under section 8 or after the expiry of the period for
preferring an appeal under section 9 or after the dismissal of the appeal, as the case may be.
CHAPTER IV
REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES
11. Beneficiaries of the Fund:-Subject to the provisions of this Act, every building worker registered as
a beneficiary under this Act shall be entitled to the benefits provided by the Board from its Fund under this
Act.
12. Registration of building workers as beneficiaries:-(1) Every building worker who has completed
either 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.
Sec 17 The Building and other Construction Workers (Regulation of Employment 5
and Conditions of Service) Act, 1996
(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.
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 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 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 building workers:-(1) A building worker who has been registered as a beneficiary
under this Act shall, until he attains the age of sixty years, contribute to the Fund at such rate per mensem,
as may be specified by the State Government, by notification in the Official Gazette and different rates of
contribution may be specified for different classes of building workers:
Provided that the Board may, if satisfied that a beneficiary is unable to pay his contribution due to any
financial hardship, waive the payment of contribution for a period not exceeding three months at a time.
(2) A beneficiary may authorise his employer to deduct his contribution from his monthly wages and to
remit the same, within fifteen days from such deduction, to the Board.
17. Effect of non-payment of contribution:-When a beneficiary has not paid his contribution under
sub-section (1) of section 16 for a continuous period of not less than one year, he shall cease to be a
beneficiary.
Provided that if the Secretary of the Board is satisfied that the non-payment of contribution was for a
reasonable ground and that the building worker is willing to deposit the arrears, he may allow the building
worker to deposit the contribution in arrears and on such deposit being made, the registration of building
worker shall stand restored.
6 The Building and other Construction Workers (Regulation of Employment Sec 18
and Conditions of Service) Act, 1996
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 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 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 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 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.
Sec 27 The Building and other Construction Workers (Regulation of Employment 7
and Conditions of Service) Act, 1996
(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 auditors report.
(5) The State Government shall cause the annual report and auditors report to be laid, as soon as may
be after they are received, before the State Legislature.
8 The Building and other Construction Workers (Regulation of Employment Sec 28
and Conditions of Service) Act, 1996
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 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 building or other construction work:-
No person about whom the employer knows or has reason to believe that he is a deaf or he has a defective
vision or he has a tendency to giddiness shall be required or allowed to work in any such operation of building
or 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:
Sec 40 The Building and other Construction Workers (Regulation of Employment 9
and Conditions of Service) Act, 1996
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.
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 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 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 Sec 40
and Conditions of Service) Act, 1996
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 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 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 part
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 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
Sec 43 The Building and other Construction Workers (Regulation of Employment 11
and Conditions of Service) Act, 1996
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 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.
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 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 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 number 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
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 by the employer; and
(e) exercise such powers as may be prescribed.
(2) For the purpose of this section, the Director General or the Chief Inspector, as the case may be, may
employ experts or agencies having such qualifications and experience and on such terms and conditions as
may be prescribed.
12 The Building and other Construction Workers (Regulation of Employment Sec 44
and Conditions of Service) Act, 1996
(3) Any person required to produce any document or to give any information required by an Inspector
under sub-section (1) shall be deemed to be legally bound to do so, within the meaning of section 175 and
section 176 of the Indian Penal Code (45 of 1860).
(4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to
such search or seizure under sub-section (1) as they apply to any search or seizure made under the authority
of a warrant issued under section 894 of the said Code.
CHAPTER IX
SPECIAL PROVISIONS
44. Responsibility of employers:-An employer shall be responsible for providing constant and adequate
supervision of any building or other construction work in his establishment as to ensure compliance with the
provisions of this Act relating to safety and for taking all practical steps necessary to prevent accidents.
45. Responsibility for payment of wages and compensation:-(1) An employer shall be responsible for
payment of wages to each building worker employed by him and such wages shall be paid on or before such
date as may be prescribed.
(2) In case the contractor fails to make payment of compensation in respect of a building worker
employed by him, where he is liable to make such payment when due, or makes short payment thereof, then,
in the case of death or disablement of the building worker, the employer shall be liable to make payment of
that compensation in full or the unpaid balance due in accordance with the provisions of the Workmans
Compensation Act, 1923 (8 of 1923), and recover the amount so paid from the contractor either by deduction
from any amount payable to the contractor under any contract or as a debt payable to the contractor.
46. Notice of commencement of building or other construction work:-(1) An employer shall, at least
thirty days before the commencement of any building or other construction work, send or cause to be sent to
the Inspector having jurisdiction in the area where the proposed building or other construction work is to be
executed, a written notice containing
(a) the name and situation of the place where the building or other construction work is
proposed to be carried on;
(b) the name and address of the person who is undertaking the building or other construction
work;
(c) the address to which communications relating to the building or other construction work may
be sent;
(d) the nature of the work involved and the facilities, including any plant and machinery,
provided;
(e) the arrangements for the storage of explosives, if any, to be used in the building or other
construction work;
(f) the number of workers likely to be employed during the various stages of building or other
construction work;
(g) the name and designation of the person who will be in overall charge of the building or other
construction work at the site;
(h) the approximate duration of the work;
(i) such other matters as may be prescribed.
(2) Where any change occurs in any of the particulars furnished under sub-section (1), the employer
shall intimate the change to the Inspector within two days of such change.
(3) Nothing contained in sub-section (1) shall apply in case of such class of building or other
construction work as the appropriate Government may by notification specify to be emergent works.
CHAPTER X
PENALTIES AND PROCEDURE
47. Penalty for contravention of provisions regarding safety measures:-(1) Whoever contravenes the
provisions of any rules made under section 40 shall be punishable with imprisonment for a term which may
extend to three months, or with fine which may extend to two thousand rupees, or with both, and in the case
of a continuing contravention, with an additional fine which may extend to one hundred rupees for every day
during which such contravention continues after conviction for the first contravention.
Sec 50 The Building and other Construction Workers (Regulation of Employment 13
and Conditions of Service) Act, 1996
(2) If any person who has been convicted of any offence punishable under sub-section (1) is again guilty
of an offence involving a contravention or failure of compliance of the same provision, he shall be punishable
on a subsequent conviction with imprisonment for a term which may extend to six months or with fine which
shall not be less than five hundred rupees but which may extend to two thousand rupees or with both:
Provided that for the purposes of this sub-section, no cognizance shall be taken of any conviction made
more than two years before the commission of the offence for which the person is subsequently being
convicted:
Provided further that the authority imposing the penalty, if it is satisfied that there are exceptional
circumstances warranting such a course may, after recording its reasons in writing, impose a fine of less than
five hundred rupees.
48. Penalty for failure to give notice of the commencement of the building or other construction
work:-Where an employer fails to give notice of the commencement of the building or other construction work
under section 46, he shall be punishable with imprisonment for a term which may extend to three months, or
with fine which may extend to two thousand rupees, or with both.
49. Penalty for obstructions:-(1) Whoever obstructs an Inspector in the discharge of his duties under
this Act or refuses or wilfully neglects to afford the Inspector any reasonable facility for making any
inspection, examination, inquiry or investigation authorised by or under this Act in relation to an
establishment shall be punishable with imprisonment for a term which may extend to three months, or with a
fine which may extend to one thousand rupees, or with both.
(2) Whoever wilfully refuses to produce on the demand of an Inspector any register or other document
kept in pursuance of this Act or prevents or attempts to prevent or does anything which he has reason to
believe is likely to prevent any person from appearing before, or being examined by, an Inspector acting in
pursuance of his duties under this Act shall be punishable with imprisonment for a term which may extend to
three months, or with fine which may extend to one thousand rupees, or with both.
50. Penalty for other offences:-(1) Whoever contravenes any other provision of this Act or any rules
made thereunder or who fails to comply with any provision of this Act or any rules made thereunder shall,
where no express penalty is elsewhere provided for such contravention or failure, be punishable with fine
which may extend to one thousand rupees for every such contravention of failure, as the case may be, and in
the case of a continuing contravention or failure, as the case may be, with an additional fine which may
extend to one hundred rupees for every day during which such contravention or failure continues after the
conviction for the first such contravention or failure.
(2) A penalty under sub-section (1) may be imposed
(a) by the Director General where the contravention or failure relates to a matter to which the
appropriate Government is the Central Government; and
(b) by the Chief Inspector where the contravention or failure relates to a matter to which the
appropriate Government is the State Government
(3) No penalty shall be imposed unless the person concerned is given a notice in writing
(a) informing him of the grounds on which it is proposed to impose a penalty; and
(b) giving him a reasonable opportunity of making a representation in writing within such
reasonable time as may be specified in the notice against the imposition of penalty mentioned
therein, and if he so desires, of being heard in the matter.
(4) Without prejudice to any other provision contained in this Act, the Director General and the Chief
Inspector shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while
exercising any powers under this section, in respect of the following matters, namely:
(a) summoning and enforcing the attendance of witnesses;
(b) requiring the discovery and production of any document;
(c) requisitioning any public record or copy thereof from any court or office;
(d) issuing commissions for the examination of witness or documents.
(5) Nothing contained in this section shall be construed to prevent the person concerned from being
prosecuted under any other provision of this Act or any other law for any offence made punishable by this Act
14 The Building and other Construction Workers (Regulation of Employment Sec 51
and Conditions of Service) Act, 1996
or by that other law, as the case may be, or for being liable under this Act or any such law to any other or
higher penalty or punishment than is provided for such offence by this section:
Provided that no person shall be punished twice for the same offence.
51. Appeal:-(1) Any person aggrieved by the imposition of any penalty under section 50 may prefer an
appeal
(a) where the penalty has been imposed by the Director General, to the Central Government;
(b) where the penalty has been imposed by the Chief Inspector, to the State Government,
within a period of three months from the date of communication to such person of the imposition of such
penalty:
Provided that the Central Government or the State Government, as the case may be, may, if it is satisfied
that the appellant was prevented by sufficient cause from preferring an appeal within the aforesaid period of
three months, allow such appeal to be preferred within a further period of three months.
(2) The appellate authority may, after giving the appellant an opportunity of being heard, if he so desires,
and after making such further inquiry, if any, as it may consider necessary, pass such order as it thinks fit
confirming, modifying or reversing the order appealed against or may send back the case with such directions
as it may think fit for a fresh decision.
52. Recovery of penalty:-Where any penalty imposed on any person under section 50 is not paid
(i) the Director-General or, as the case may be, the Chief Inspector may deduct the amount so
payable from any money owing to such person which may be under his control; or
(ii) the Director-General or, as the case may be, the Chief Inspector may recover the amount so
payable by detaining or selling the goods belonging to such person which are under his
control; or
(iii) if the amount cannot be recovered from such person in the manner provided in clause (i) or
clause (ii), the Director-General or, as the case may be, the Chief Inspector may prepare a
certificate signed by him specifying the amount due from such person and send it to the
Collector of the district in which such person owns any property or resides or carries on his
business and the said Collector, on receipt of such certificate shall proceed to recover from
such person the amount specified thereunder as if it were an arrear of land revenue.
53. Offences by companies:-(1) Where an offence under this Act has been committed by a company,
every person who, at the time the offence was committed, was in charge of, and was responsible to, the
company for the conduct of the business of the company, as well as the company, shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or connivance
of, or is attributable to any neglect on the part of any director, manager, secretary or other officer shall be
deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation: For the purposes of this section
(a) company means any body corporate and includes a firm or other association of individuals;
and
(b) director, in relation to a firm, means a partner in the firm.
54. Cognizance of offences:-(1) No court shall take cognizance of any offence punishable under this Act
except on a complaint
(a) made by, or with the previous sanction in writing of, the Director-General or the Chief
Inspector; or
(b) made by an office-bearer of a voluntary organisation registered under the Societies
Registration Act, 1860 (21 of 1860); or
(c) made by an office-bearer of any concerned trade union registered under the Trade Unions
Act, 1926 (16 of 1926).
Sec 62 The Building and other Construction Workers (Regulation of Employment 15
and Conditions of Service) Act, 1996
(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall
try any offence punishable under this Act.
55. Limitation of prosecutions:-No court shall take cognizance of an offence punishable under this Act
unless the complaint thereof is made within three months from the date on which the alleged commission of
the offence came to the knowledge of the Director-General, the Chief Inspector, an office-bearer of a voluntary
organisation or, as the case may be, an office-bearer of any concerned trade union.
CHAPTER XI
MISCELLANEOUS
56. Delegation of powers:-A Board may, by general or special order, delegate to the Chairperson or any
other member or to the Secretary or any other officer or employee of the Board, subject to such conditions
and limitations, if any, as may be specified in the order, such of its powers and duties under this Act as it
may deem necessary.
57. Returns:-Every Board shall furnish from time-to-time to the Central Government and to the State
Government such returns as they may require.
58. Application of Act 8 of 1923 to building workers:-The provisions of the Workmens Compensation
Act, 1923, shall, so far as may be, apply to building workers as if the employment to which this Act applies
has been included in the Second Schedule to that Act.
59. Protection of action taken in good faith:-(1) No suit, prosecution or other legal proceeding shall lie
against any person for anything which is in good faith done or intended to be done in pursuance of this Act or
any rule or order made thereunder.
(2) No prosecution or other legal proceeding shall lie against the Government, any Board or Committees
constituted under this Act or any member of such Board or any officer or employee of the Government or the
Board or any other person authorised by the Government or any Board or Committee, for any damage caused
or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act
or any rule or order made or issued thereunder.
60. Power of 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
provisions of this Act.
61. Power to remove difficulties:-(1) If any difficulty arises in giving effect to the provisions of this Act,
the Central Government may, by order published in the Official Gazette, make such provisions not
inconsistent with the provisions of this Act, as appears it to be necessary or expedient for removing the
difficulty:
Provided that no such order shall be made after the expiry of two years from the date of commencement
of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each
House of Parliament.
62. Power to make rules:- (1) The appropriate Government may, after consultation with the expert
committee, by notification, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide
for all or any of the following matters, namely:--
(a) the number of persons to be appointed as members representing various interests on the
Central Advisory Committee and the State Advisory Committees, the term of their office and
other conditions of service, the procedure to be followed in the discharge of their functions
and the manner of filling vacancies under sub-section (3) of section 3 or, as the case may be,
under sub-section (3) of section 4;
(b) the fees and allowances that may be paid to the members of the expert committee for
attending its meetings under sub-section (2) of section 5;
(c) the form of application for the registration of an establishment, the levy of fees therefor and
the particulars it may contain under sub-section (2) of section 7;
16 The Building and other Construction Workers (Regulation of Employment Sec 62
and Conditions of Service) Act, 1996
(d) the form of certificate of registration, the time within which and the conditions subject to
which such certificate may be issued under sub-section (3) of section 7;
(e) the form in which the change in ownership or management or other particulars shall be
intimated to the registering officer under sub-section (4) of section 7;
(f) the form in which an application for registration as a beneficiary shall be made under sub-
section (2) of section 12;
(g) the document and the fee which shall accompany the application under sub-section (3) of
section 12;
(h) the registers which the Secretary of the Board shall cause to be maintained under sub-
section (6) of section 12;
(i) the benefits which may be given under sub-section (2) of section 14;
(j) the form in which the register of beneficiaries shall be maintained under section 15;
(k) the terms and conditions of appointment, the salaries and other allowances payable to, and
the manner of filling of casual vacancies of, the Chairperson and other members of the Board
under sub-section (4) of section 18;
(l) the terms and conditions of service and the salaries and allowances payable to the Secretary
and the other officers and employees of the Board under sub-section (3) of section 19;
(m) the time and place of the meeting of the Board and the rules of procedure to be followed at
such meeting under sub-section (1) of section 20 including quorum necessary for the
transaction of business;
(n) the amount payable as house building loans or advances, the terms and conditions of such
payment under clause (c), educational assistance under clause (e), medical expenses payable
and the persons who shall be the dependent of the beneficiaries under clause (f), and the
other welfare measures for which provision may be made under clause (h) of sub-section (1)
of section 22;
(o) the limits of grants-in-aid payable to the local authorities and employers under sub-clause (b)
of sub-clause (3) of section 22;
(p) the form in which and the time within which the budget of the Board shall be prepared and
forwarded to Government under section 25;
(q) the form in which and the time within which the annual report of the Board shall be
submitted to the State Government and the Central Government under section 26;
(r) the form of annual statement of accounts under sub-section (1), and the date before which
the audited copy of the accounts together with the auditors report shall be furnished under
sub-section (4) of section 27;
(s) the matters required to be provided under sub-section (1) of section 28 and the extent upto
which, and the conditions subject to which, the provisions of that sub-section shall apply to
the building workers under sub-section (2) of that section;
(t) the registers and records that shall be maintained by the employer and the form in which
such registers and records shall be maintained and the particulars to be included therein
under sub-section (1) of section 30;
(u) the form and manner in which a notice shall be exhibited and the particulars it may contain
under sub-section (2) of section 30;
(v) the issue of wage books or wage slips to building workers and the manner in which the
entries are to be made and authenticated in wage books or wage slips under sub-section (3)
of section 30;
(w) the types of latrines and urinals required to be provided under section 33;
(x) the first-aid facilities which are to be provided under section 36;
(y) the canteen facilities which are to be provided under clause (a) of section 37;
(z) the welfare measures which are to be provided under clause (b) of section 37;
(za) the number of representatives of the employer and the building workers under sub-section (1)
of section 38 and the qualifications of safety officers and the duties to be performed by them
under sub-section (2) of that section;
Sec 64 The Building and other Construction Workers (Regulation of Employment 17
and Conditions of Service) Act, 1996
(zb) the form of a notice of accident, other matters to be provided in this behalf and the time
within such notice shall be given under sub-section (1) of section 39;
(zc) the rules to be made for safety and health of building workers under section 40;
(zd) the powers that may be exercised by an Inspector under clause (e) of sub-section (1) of
section 43 and the qualifications and experience which the experts or agencies employed
under sub-section (2) of that section shall possess and the terms and conditions on which
such experts or agencies may be employed;
(ze) the date on or before which wages shall be paid to a building worker under section 45;
(zf) the matters which are required to be prescribed under clause (i) of sub-section (1) of section
46;
(zg) any other matter which is required to be, or may be, prescribed.
(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done under that
rule.
(4) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is
made, before each House of the State Legislature where it consists of two Houses, or where such Legislature
consists of one House, before that House.
63. Saving of certain laws:-Nothing contained in this Act shall affect the operation of any corresponding
law in a State providing welfare schemes which are more beneficial to the building and other construction
workers than those provided for them by or under this Act.
64. Repeal and saving:-(1) The Building and Other Construction Workers (Regulation of Employment
and Conditions of Service) Third Ordinance, 1996 (Ordinance 25 of 1996) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be
deemed to have been done or taken under the corresponding provisions of this Act.
18 The Building and Other Construction Workers Rule 1
(Regulation of Employment and Conditions of Service)
Central Rules, 1998
1 Vide Notification No. G.S.R 689(E), dated 19-11-1998 Published in the Gazette of India,
Extra Pt. II Sec 3(i) dated 19-11-1998 (w.r.e.f 19-11-1998)
Rule 2 The Building and Other Construction Workers 19
(Regulation of Employment and Conditions of Service)
Central Rules, 1998
(x) high pressure air means air used to supply power to pneumatic
tools and devices;
(y) independent tied scaffold means a scaffold, the working
platform of which is supported from the base by two or more
rows of standards and which apart from the necessary ties
stands completely free of the building;
(z) ledger means a member spanning horizontally and tying
scaffolding longitudinally and which acts as a support for
putlogs or transom;
(za) lifting appliance means a crane, hoist derrick, winch, gin pole,
sheer legs, jack, pulley block or other equipment used for lifting
materials, objects or, building worker;
(zb) lifting gear means ropes, chains, hooks, slings and other
accessories of a lifting appliance;
(zc) lock attendant means the person in charge of a man-lock or
medical lock and who is immediately responsible for controlling
the compression, recompression or decompression of persons in
such locks;
(zd) low pressure air means air supplied to pressurise working
chambers and man-locks and medical locks;
(ze) magazine means a place in which explosives are stored or kept,
whether above or below ground;
(zf) man-lock means any lock, other than a medical lock used for
the compression or decompression of persons entering or leaving
a working chamber;
(zg) material hoist means a power or manually operated and
suspended platform or bucket operating in guide rails and used
for raising or lowering material exclusively and operated and
controlled from a point outside the conveyance;
(zh) materials lock means a chamber through which materials and
equipments pass from one air pressure environment to another;
(zi) medical lock means a double compartment lock used for the
therapeutic recompression and decompression of persons
suffering from the ill-effects of decompression;
(zj) national standards means standards as approved by Bureau of
Indian Standards and in the absence of such standards of
Bureau of Indian Standards, the standards approved by the
Central Government for a specific purpose;
(zk) outrigger means a structure projecting beyond the faade of a
building with the inner end being anchored and includes a
cantilever or other support;
(zl) plant or equipment includes any plant, equipment, gear,
machinery, apparatus or appliance, or any part thereof;
(zm) pressure means air pressure in bars above atmospheric
pressure;
(zn) pressure plant means the pressure vessel along with its piping
and other fittings operated at a pressure greater than the
atmospheric pressure;
(zo) putlog means a horizontal member on which the board, plank
or decking of a working platform are laid;
(zp) responsible person means a person appointed by the employer
to be responsible for the performance of specific duty or duties
Rule 2 The Building and Other Construction Workers 21
(Regulation of Employment and Conditions of Service)
Central Rules, 1998
(zzc) sole plate means a member used to distribute the load from the
base plate or the standard of wooden scaffolds to the supporting
surface;
(zzd) sound or good construction means construction conforming to
the relevant national standards or in case such national
standards do not exist, to other generally accepted international
engineering standards or code of practices;
(zze) sound or good material means materials of a quality
conforming to the relevant national standards or in case such
national standards do not exist, to other generally accepted
international engineering standards or code of practices;
(zzf) standard means a member used as a vertical support or
column in the construction of scaffolds which transmits a load to
the ground or to the solid construction;
(zzg) standard safe operating practices means the practice followed
in building and other construction activities for the safety and
health of workers and safe operation of machineries and
equipment used in such activities and such practices conforms
to all or any of the following, namely:
(i) relevant standards approved by Bureau of Indian
Standards;
(ii) national building code;
(iii) manufacturers instructions on safe use of equipment
and machinery;
(iv) code of practice on safety and health in construction
industry published by International Labour Organisation
and amended from time-to-time;
(zzh) steel rib includes all steel beams and other structural members
shaped to conform to the requirements of a particular tunnel
cross section, used for the purpose of supporting and stabilising
the excavated areas;
(zzi) suspended scaffold means a scaffold suspended by means of
ropes or chains and capable of being raised or lowered but does
not include a boatswains chair or similar appearance;
(zzj) testing establishment means an establishment with testing and
examination facilities, as approved by the Central Government
for carrying out testing, examination, annealing or similar other
test or certification of lifting appliances or lifting gear or wire
rope as required under these rules;
(zzk) tie means an assembly used to connect a scaffold to a rigid
anchorage;
(zzl) toe board means a member fastened above a working platform,
access landing, access way, wheel barrow run, ramp or other
platform to prevent building workers and materials from falling
therefrom;
(zzm) transom means a member placed horizontally and used to tie
transversely one ledger to another, or one standard to another in
an independent tie scaffold;
(zzn) trestle scaffold includes a scaffold in which the supports for the
platform are any of the following which are self-supporting,
namely:
(i) split heads;
Rule 5 The Building and Other Construction Workers 23
(Regulation of Employment and Conditions of Service)
Central Rules, 1998
(ii) folding;
(iii) step-ladder;
(iv) tripods; or
(v) moveable contrivances similar to any of the foregoing;
(zzo) tubular scaffold means a scaffold constructed from tubes and
couplers;
(zzp) tunnel means a subterranean passage made by excavating
beneath the over burden into which a building worker enters or
is required to enter to work;
(zzq) underground means any space within the confines of a shaft,
tunnel, caisson or cofferdam;
(zzr) vehicle means a vehicle propelled or driven by mechanical or
electrical power and includes a trailer, traction engine, tractor,
road-building machine and transport equipment;
(zzs) working chamber means the part of the construction site where
work in a compressed air environment is carried out, but does
not include a man-lock or medical lock;
(zzt) working platform means a platform which is used to support
building workers or materials and includes a working stage;
(zzu) working pressure means pressure, in a working chamber, to
which building worker is exposed;
(zzv) workplace means all places where building workers are
required to be present or to go for work and which are under the
control of any employer.
3. Interpretation of words not defined:-Words and expressions not
defined in these rules but defined or used in the Act shall have the same
meaning as assigned to them in the Act.
4. Savings:-The provisions of these rules shall be in addition to and not in
substitution for or in diminution of the requirements imposed by the Act.
CHAPTER II
RESPONSIBILITIES AND DUTIES OF EMPLOYERS, ARCHITECTS, PROJECT
ENGINEERS AND DESIGNERS, BUILDING WORKERS, ETC
5. Duties and responsibilities of employers, employees and others:-(1) It
shall be the duty of every employer who is undertaking any of the operations or
works related to or incidental to building or other construction work to which
these rules apply
(a) to comply with such of the requirements of these rules as are
related to him:
Provided that the requirements of this clause shall not affect any building
worker if and so long as his presence in any place of work is not in the course of
performing any work on behalf of his employer and he is not expressly or
impliedly authorised or permitted by his employer to do the work; and
(b) to comply with such of the requirements of these rules, as are
related to him in relation to any work, act or operation performed
or about to be performed by him.
(2) It shall be the duty of every employer who erects or alters any scaffold to
comply with such of the requirements of the provisions of these rules as relate to
the erection or alteration of scaffolds having regard to the purpose or purposes
for which the scaffold is designed at the time of erection or alteration; and such
employer, who erects, installs, works or uses any plant or equipment to which
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any of the provisions of these rules apply, shall erect, install, work or use such
plant or equipment in a manner which complies with those operations.
(3) Where a contractor, who is undertaking any of the operations or works to
which these rules apply, appoints any artisan, tradesman or other person to
perform any work or services under a contract for services, it shall be the duty of
the contractor to comply with such of the requirements of these rules as affect
that artisan, tradesman or other person and for this purpose any reference in
these rules to an employee shall include a reference to such artisan, tradesman
or other person and the contractor shall be deemed to be his employer.
(4) It shall be the duty of every employee to comply with the requirements of
such of these rules as are related to the performance of or the refraining from an
act by him and to co-operate in carrying out these rules.
(5) It shall be the duty of every employer not to permit an employee to do
anything not in accordance with the generally accepted principles of standard
safe operating practices connected with building and other construction work as
specified by the Central Government.
(6) No employee shall do anything which is not in accordance with the
generally accepted principles of standard safe operating practices connected with
building and other construction work as specified by the Central Government.
(7) No person related with any building and other construction work shall
wilfully do any act which may cause injury to himself or to others.
(8) It shall be the duty of every employer not to allow lifting appliance, lifting
gear, lifting device, transport equipment, vehicles or other device or equipment to
be used by the building workers which does not comply with the provisions given
in the rules.
(9) It shall be the duty of the employer to maintain the latrines, urinals,
washing facilities and canteen in a clean and hygienic condition. The canteen
shall be located in a place away from the latrines and urinals and polluted
atmosphere and at the same time be easily accessible to the building workers.
(10) It shall be the duty of the employer to abide by the dates fixed and
notified by him for payment of wages for a period in accordance with these rules
and no change in such dates and such period shall be effected without notice to
the building workers and the inspector. The employer shall ensure timely
payment of wages as specified under these rules and at the place and time
notified by him. Where the employer is a contractor, he shall ensure that the
wages of the building workers are paid in the presence of a representative of the
employer of establishment or owner of premises from whom he has taken work
on contract and obtain signatures of such representative in token of having
witnessed the payment of wages.
(11) It shall be the duty of the employer to ensure that the lifting appliance,
lifting gear, earth moving equipment, transport equipment or vehicles used in the
building or other construction work undertaken by him conforms to the
requirements relating to testing, examination and inspection of such equipment
as provided under these rules. It shall be the duty of every person in the service
of the government or any local or other public authority to comply with the
requirements relating to him given in these rules.
6. Responsibilities of architects, project engineers and designers:-(1) It
shall be the duty of the architect, project engineer or designer responsible for the
design of any project or part thereof or any building or other construction work to
ensure that, at the planning stage, due consideration is given to the safety and
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health aspects of the building workers who are employed in the erection,
operation and execution of such projects and structures as the case may be.
(2) Adequate care shall be taken by the architect, project engineer and other
professionals involved in the project, not to include anything in the design which
would involve the use of dangerous structures or other processes or materials,
hazardous to health or safety of building workers during the course of erection,
operation and execution as the case may be.
(3) It shall also be the duty of the professionals, involved in designing the
buildings, structures or other construction projects, to take into account the
safety aspects associated with the maintenance and upkeep of the structures and
buildings where maintenance and upkeep may involve special hazards.
7. Responsibilities of the persons in the service of the State
Government and the Board:-It shall be the duty of every person of the
Government of any State or a Board to comply with the directions given by the
Central Government from time-to-time to carrying into execution in that State
the provisions of the Act and these rules.
8. Duties and responsibilities of workers:-(1) It shall be the duty of every
building worker to comply with the requirements of such of these rules as relate
to him, and act and co-operate in carrying out the requirements of these rules
and if he discovers any defects in the lifting appliance, lifting gear, lifting device,
concerning any transport equipment or other equipment, to report such defects
without unreasonable delay to his employer or foreman or other person in
authority.
(2) No building worker, shall unless duly authorised or except in case of
necessity, remove or interfere with any fencing, gangway, gear, ladder, hatch
covering, life-saving appliances, lighting or other things whatsoever required by
the Act and these rules to be provided. If any of the aforesaid thing is removed,
such thing shall be restored at the end of the period during which its removal
was necessary, by the persons engaged in that work.
(3) Every building worker, shall use only means of access provided in
accordance with these rules and no person shall authorise or order another to
use means of access other than such means of access.
(4) It shall be the duty of a building worker to keep the latrines, urinals,
washing points, canteen and other facilities provided by the employer for
securing his welfare in a clean and hygienic condition.
9. Exemption:-The Central Government may, by order in writing and
subject to such conditions and for such period, as may be specified therein,
exempt from all or any of the requirements of these rules to
(a) any building or other construction work, if such Government is
satisfied that such building work is confined to such workers,
where it is not convenient to take measures as provided in these
rules; or
(b) any appliance, gear, equipment, vehicle or other device if such
Government is satisfied that the requirement of such appliance,
gear, equipment, vehicle or other device is not necessary for use
or equally effective measures are taken in lieu thereof.
Provided that such Government shall not grant exemption under this rule
unless it is satisfied that such exemption would not adversely affect the safety,
health and welfare of the building workers.
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PART II
CENTRAL ADVISORY COMMITTEE, REGISTRATION OF ESTABLISHMENTS
CHAPTER III
CENTRAL ADVISORY COMMITTEE
10. Constitution of Central Advisory Committee:-The Central Building
and Other Construction Workers Advisory Committee (hereinafter referred to as
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 Members;
shall be elected by the House of the People
and one shall be elected by the Council of
States
(c) Director General Member ex officio;
(3) The memorandum shall set forth concisely and under distinct heads the
grounds of appeal.
(4) Where the memorandum of appeal does not comply with the provisions of
sub-rule (2) and sub-rule (3), it may be returned to the appellant for the purpose
of being amended within a time to be fixed by the appellate officer which shall not
exceed thirty days from the date from which the order appealed against has been
communicated to the appellant.
(5) Where the memorandum of appeal is in order, the appellate officer shall
admit the appeal, endorse thereon the date of hearing of such appeal, and shall
register the appeal in a book to be kept for the purpose called the register of
appeals.
(6) (i) When the appeal has been admitted, under sub-rule (5), the appellate
officer shall send the notice of the appeal to the registering officer against whose
order the appeal has been preferred and the registering officer shall thereupon
send the record of the case to the appellate officer.
(ii) On receipt of the record, the appellate officer shall send a notice to the
appellant to appear before him at such date and time as may be specified in the
notice for the hearing of the appeal.
29. Failure to appear on the date of hearing:-If on the date fixed for
hearing, the appellant does not appear, the appellate officer may dismiss the
appeal for default of appearance of the applicant.
30. Restoration of appeals:-Where an appeal has been dismissed under
rule 29, the appellant may apply to the appellate officer for the restoration of the
appeal and if the appellate officer is satisfied that the appellant was prevented by
sufficient cause from appearing, the appellate officer shall restore the appeal on
its original number:
Provided that an application for restoration under this rule shall not be
entertained by the appellate officer after thirty days from the date of such
dismissal.
31. Hearing of appeal:-(1) If the appellant is present when the appeal is
called on for the hearing, the appellate officer shall proceed to hear the appellant
or his authorised advocate and pass an order on the appeal, either confirming,
reversing or varying the order appealed against.
(2) The order of the appellate officer shall state the points for determination,
the decisions thereon and reasons for such decisions.
(3) The order shall be communicated to the appellant and copy thereof shall
be sent to the registering officer against whose order the appeal has been
preferred.
32. Copy of Order of registration order in appeal:-Copy of the order of the
registering officer or of the appellate officer may be obtained by the person
concerned or a person authorised by him on payment of fees of rupees fifty for
each order on making application to the registering officer or the appellate officer,
as the case may be, specifying the date and other particulars of the order made
by the officer concerned. A copy of the certificate, of registration on loss or
mutilation of such certificate may also be obtained in the like manner and on
payment of like fees.
33. Payment of Fees:-(1) All amounts of money payable on account of
registration, appeal, supply of copies or duplicate copies of certificate of
registration shall be paid through a crossed demand draft in favour of the
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registering officer and appellate officer, as the case may be, and made payable at
the branch of the Bank specified by the Central Government from time-to-time at
the headquarters of the concerned registering officer or appellate officer.
(2) The registering officer or the appellate officer, as the case may be, on
receipt of the demand draft under sub-rule (1) shall arrange to deposit the
amount in the appropriate account in the Bank specified by the Central
Government from time-to-time in the account of Pay and Accounts Officer,
Ministry of Labour, New Delhi under the relevant head of account.
PART III
SAFETY AND HEALTH
CHAPTER IV
GENERAL PROVISIONS
34. Excessive noise, vibration, etc.:-An employer shall ensure at a
construction site of a building or other construction work that adequate
measures are taken to protect building workers against the harmful effects of
excessive noise or vibration at such construction site and the noise level in no
case exceeds the limits laid down in Schedule VI annexed to these rules.
35. Fire protection:-An employer shall ensure at a construction site of a
building or other construction work that
(a) such construction site is provided with
(i) fire extinguishing equipment sufficient to extinguish any
probable fire at such construction site;
(ii) an adequate water supply at ample pressure as per
national standards;
(iii) number of trained persons required to operate the fire
extinguishing equipment provided under sub-clause (i);
(b) fire extinguishing equipment provided under sub-clause (i) of
clause (a) is properly maintained and inspected at regular
intervals of not less than once in a year by the responsible
person and a record of such inspections is maintained;
(c) in case of every launch or boat or other craft used for transport
of building workers and the cabin of every lifting appliance
including mobile crane, adequate number of portable fire
extinguishing equipment of suitable type shall be provided at
each of such launch or boat or craft or lifting appliance.
36. Emergency action plans:-An employer shall ensure at a construction
site of a building or other construction work that in case more than five hundred
building workers are employed at such construction site emergency action plan
to handle the emergencies like
(a) fire and explosion;
(b) collapse of lifting appliances and transport equipment;
(c) collapse of building, sheds or structures, etc.;
(d) gas leakage or spillage of dangerous goods or chemicals;
(e) drowning of building workers sinking of vessels; and
(f) land slides getting building worker buried, floods, storms and
other natural calamities, is prepared and submitted for the
approval of the Director General.
37. Fencing of motors, etc.:-An employer shall ensure at a construction
site of a building or other construction work that
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(3) The employer shall ensure at the building and other construction work
that any area exposed to risk of falling material, article or objects is roped off or
cordoned off or otherwise suitably guarded from inadvertent entry of persons
other than building workers at work in such area.
42. Slipping, tripping, cutting, drowning and falling hazards:-(1) All
passageways, platforms and other places of construction work at the building or
other construction work shall be kept by the employer free from accumulations of
dust, debris or similar material and from other obstructions that may cause
tripping.
(2) Any sharp projections or protruding nails or similar projections which
may cause any cutting hazard to a building worker at the building or other
construction work shall be removed or otherwise made safe by taking suitable
measures by the employer.
(3) No employer shall allow any building worker at building or other
construction work to use the passageway, or a scaffold, platform or any other
elevated working surface which is in a slippery and dangerous condition and
shall ensure that water, grease, oil or other similar substances which may cause
the surface slippery, be removed or sanded, saw dusted or covered with suitable
material to make it safe from slipping hazard at a building or other construction
work.
(4) Whenever building workers at a building or other construction work are
exposed to the hazard of falling into water, they shall be provided by the
employer with adequate equipment for saving themselves from drowning and
rescuing from such hazard and if the Director General considers necessary, well-
equipped boat or launch manned with trained personnel shall be provided by the
employer at the site of such work.
(5) Every open side or opening into or through which a building worker,
vehicle or lifting appliance or other equipments may fall at a building or other
construction work shall be covered or guarded suitably by the employer to
prevent such fall except where free access is necessary by reason of the nature of
the work.
(6) Wherever building workers at a building or other construction, work are
exposed to the hazards of filing from height while employed on such work, they
shall be provided by the employer with adequate equipment or means for saving
them from such hazards. Such equipment or means shall be in accordance with
the national standards.
(7) Whenever there is a possibility of falling of any material, equipment or
building worker at a construction site relating to a building or other construction
work, adequate and suitable safety net shall be provided by employer in
accordance with the national standards.
43. Dust, gases, fumes etc.:-An employer shall prevent concentration of
dust, gases or fumes by providing suitable means to control their concentration
within the permissible limit so that they may not cause injury or pose health
hazard to a building worker at a building or other construction work.
44. Corrosive Substances:-The employer shall ensure that corrosive
substances, including alkalis and acids, shall be stored and used by a person
dealing with such substances at a building or other construction work in such a
manner that it does not endanger the building worker and suitable protective
equipment shall be provided by the employer to a building worker during
handling or use of such substances at a building or other construction work and
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(7) The employer shall ensure that all electrical installations at a building or
other construction work comply with the requirements of any law for the time
being in force.
48. Vehicular Traffic:-(1) Whenever any building or other construction
work is being carried on, or is located in close proximity to a road or any other
place where any vehicular traffic may cause danger to building workers, the
employer shall ensure that such building or other construction work is
barricaded and suitable warning signs and lights displayed or erected to prevent
such danger and if necessary, he may make a request in writing to the concerned
authorities to control such traffic.
(2) The employer shall ensure that all vehicles used at construction site of a
building or other construction work comply with the requirements of the Motor
Vehicles Act, 1988 (59 of 1988) and the rules made thereunder.
(3) The employer shall ensure that a driver of a vehicle of any class or
description operating at a construction site of a building or other construction
work holds a valid driving licence under the Motor Vehicles Act, 1988 (59 of
1988).
49. Stability of structures:-The employer shall ensure that no wall,
chimney or other structure or part of a structure is left unguarded in such
condition that it may fall, collapse or weaken due to wind pressure vibration or
due to any other reason at a site of a building or other construction work.
50. Illumination of passageways, etc.:-The employer shall ensure that
illumination sufficient for maintaining safe working conditions at a site of a
building or other construction work is provided where building workers are
required to work or pass and for passageways, stairways and landing, such
illumination is not less than that provided in the relevant national standards.
51. Stacking of materials:-The employer shall ensure, at a construction
site of a building or other construction work that-
(a) all building materials are stored or stacked in a safe and orderly
manner to avoid obstruction of any passageway or place of work;
(b) material piles are stored or stacked in such a manner as to
ensure stability;
(c) material or equipment is not stored upon any floor or platform in
such quantity as to exceed its safe carrying capacity;
(d) material or equipment is not stored or placed so close to any
edge of a floor or platform as to endanger the safety of persons
below or working in the vicinity.
52. Disposal of debris:-The employer shall ensure at a construction site of
a building or other construction work that-
(a) debris are handled and disposed of by a method which does not
cause danger to the safety of a person;
(b) debris are not allowed to accumulate so as to constitute a
hazard;
(c) debris are kept sufficiently moist to bring down the dust within
the permissible limit;
(d) debris are not thrown inside or outside from any height of such
building or other construction work.
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wire mesh or any other suitable means to prevent the fall on any
part of a load from such platform;
(zb) a platform of a hoist, which has any probability of falling and
part of load from it, is provided with an adequate covering with
such fall;
(zc) the counter-weights of a hoist consisting of an assemblage of
several parts are so constructed that such parts are rigidly
connected together;
(zd) the counter-weights of a hoist run between guides;
(ze) at every level of work the building workers are provided with
adequate platforms for performing such work;
(zf) a legible notice in Hindi as well as in a local language is
displayed at-
(i) a conspicuous place of the platforms of a hoist and that
such notice states the maximum carrying capacity of
such hoist in kilograms;
(ii) a conspicuous place on the hoisting engine and that
such notice states maximum lifting capacity of such
hoist in kilograms;
(iii) a conspicuous place on a hoist authorised and certified
for the conveyance of the person on the platform or cage
and such notice states the maximum number of persons
to be carried on such hoist at one time;
(iv) a conspicuous place on a hoist carrying goods and other
materials and such notice states that such hoist is not
meant for carriage of persons.
66. Fencing of and means of access to lifting appliances:-The employer
shall ensure at a construction site of a building or other construction work that
(a) safe means of access is provided to every part of a lifting
appliance;
(b) the operators platform on every crane or tip driven by
mechanical power is securely fenced and is provided with safe
means of access and where access to such platform is by a
ladder
(i) the sides of such ladder extend to a reasonable height
beyond such platforms or some other suitable handhold
is provided in lieu thereof to prevent any falling of
persons from such platforms;
(ii) the handling place on such platform is maintained free
from obstruction and slipping; and
(iii) in case the height of such ladder exceeds six metres, the
resting platforms are provided on such ladder at every
six metres of its height and where the distance between
last platform so provided and the top end of such ladder
is more than two metres then on such top end.
67. Rigging of derricks:-The employer shall ensure at a construction site of
a building or other construction work that every derrick has current and relevant
rigging plans and any other information necessary for the safe rigging of such
derricks and its gear.
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may be, shall apply as if for the period of six months and twelve months the
periods of twelve months and two years have respectively been substituted
therein:
Provided also that in case where the Inspector, having jurisdiction, is of the
opinion that owing to the size, design material or frequency of use of any such
chains, rings, hooks, shackles and swivels, the requirement of this clause for
annealing is not necessary for the protection of building worker, he may after
obtaining the approval of the Director General, certify in writing to such employer
that subject to the conditions specified in such certification, such chains, rings,
hooks, shackles and swivels are exempted from such annealing and thereafter
the provision of this clause shall apply subject to such exemption:
Provided also that this clause shall not apply to
(i) pitched chains, working on sprocket or sprocketed
wheels;
(ii) rings, hooks and swivels permanently attached to
pitched chains, pulley blocks or weighing machines; and
(iii) hooks and swivels having ball bearings or other case
hardened parts;
(b) a chain or a loose gear made of high tensile steel or alloy steel is
plainly marked with a mark indicating that it is so made;
(c) no chain or loose gear made of high tensile steel or alloy steel is
subjected to any form of heat treatment except where such
treatment is necessary for the purpose of repair of such chain or
loose gear and that such repair is made under the direction of
the competent person;
(d) that the wrought iron gear, the past history of which is not
traceable, is suspected of being heat treated at incorrect
temperature, is normalised before using it on any building or
other construction work.
73. Certificate to be issued after actual testing and examination, etc.:-
The employer shall ensure at a construction site of a building or other
construction work that a competent person issues a certificate for the purpose of
rule 56, rule 62, rule 71 and rule 72 only after actual testing or, as the case may
be, examination of the apparatus specified in the said rules.
74. Register of periodical test, examination and certificates thereof:-
The employer shall ensure at a construction site of a building or other
construction work that
(a) a register in Form XXVI, annexed to these rules is maintained
and particulars of such test and examination of lifting
appliances, lifting gears and heat treatment as required under
rule 56, rule 62 and rule 72, are entered in such register;
(b) certificate in respect of each of the following is obtained from
competent person in the forms as mentioned below, namely:
(i) in case of initial and periodical test and examination
under rule 56 and rule 71, for
(a) winches, derricks and their accessory gears in
Form V annexed to these rules;
(b) cranes or hoists and their accessory gears in
Form VI annexed to these rules;
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cage cannot be moved away from the landing place until such
gate is closed.
(c) in every hoist used for carrying building workers these are
provided suitable and efficient automatic devices to ensure that
the cage of such hoist comes to rest at a point above the lowest
point to which such cage may travel.
79. Attachment of loads:-The employer shall ensure at a construction site
of a building or other construction work that
(a) when a sling is used to hoist long materials, a lifting beam is
used to space the sling legs for proper balance and when a load
is suspended at two or more points with slings, the eyes of the
lifting legs of such slings are shackled together and such shackle
or eyes of the shackled slings are placed on the hook or the eyes
of such lifting legs are shackled directly to the hoisting block,
ball or balance beam, as the case may be:
(b) every container or receptacle used for raising or lowering stone,
bricks, tiles, slates or other similar objects is so enclosed with
the hoist as to prevent the fall of such objects;
(c) a loaded wheelbarrow placed directly on a platform of a hoist for
raising or lowering of such wheelbarrows is so secured that such
wheelbarrows cannot move and such platform is enclosed to
prevent the fall of the contents kept in such wheelbarrows;
(d) landings of a hoist are so designed and arranged that building
workers on such hoist are not required to lean out into empty
space for loading and unloading any material from such hoist.
80. Tower Cranes:-The employer shall ensure at a construction site of a
building or other construction work that
(a) no person other than the operator trained and capable to work at
heights are employed to operate tower cranes;
(b) the ground on which a tower crane stands has adequate bearing
capacity;
(c) bases for tower cranes and trucks for rail-mounted tower cranes
are firm and levelled and such cranes are erected at a reasonably
safe distance from excavations and are operated within gradient
limits as specified by the manufacturer of such cranes;
(d) tower cranes are sited where there is a clear space available for
erection, operation and dismantling of such cranes;
(e) tower cranes are sited in such a way that the loads on such
cranes are not handled over any occupied premises, public,
thoroughfares, railways or near power cables, other than
construction works for which such cranes are used;
(f) where two or more tower cranes are sited and operated, every
care is taken to ensure positive and proper communication
between operators of such cranes to avoid any danger or
dangerous occurrences;
(g) tower cranes are used for loading magnet or demolition ball
service, piling operation or other similar operations which could
impose excessive load stresses on the crane structure of such
cranes;
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measures are taken to arrange for the prompt rescue of such building worker
from the danger of drowning and where there is a special risk of such fall from
the edge of adjacent land or from a structure adjacent to or above the water or
from floating stage on such water, secure fencing is provided near the edge of
such land, structure or floating stage, as the case may be, to prevent such fall,
and such fencing may be removed or allowed to remain unerected for the time
and to the extent necessary for the access of building workers to such work or
the movement of material for such work.
CHAPTER X
TRANSPORT AND EARTH MOVING EQUIPMENT
88. Earth moving equipment and vehicles:-The employer shall ensure at
a construction site of a building or other construction work that
(a) all vehicles and earth moving equipment are made of good
material, proper design and sound construction and are
sufficiently strong for the purpose for which such equipment are
used and are maintained in good state of repair and are properly
used in accordance with standard safe operating practices:
Provided that the truck or trailer employed for transporting freight
containers are of the size sufficient to carry the containers, without overhanging
and are provided with twist locks conforming to national standards, at all the
four corners of each of such truck or trailers and are certified for such use by an
authority under the relevant law for the time being in force and is inspected by a
responsible person, at least once in a month and record of such inspection is
maintained;
(b) all transport or earth moving equipment and vehicles are
inspected at least once a week by a responsible person and in
case any defect is noticed in such equipment or vehicle, it is
immediately taken out of use;
(c) power trucks and tractors are equipped with effective brakes,
head lights and tail lamps and are maintained in good repair and
working order;
(d) side stanchions on power trucks and trailers for carrying heavy
and long objects are
(i) of sound construction and free from defects;
(ii) provided with tie chains attached to the top across the
loads for preventing such stanchions from spreading
out, and
(iii) kept in position while loading and unloading;
(e) safe gangways are provided for to and fro movement of building
workers engaged in loading and unloading of lorries, trucks,
trailers and wagons;
(f) trucks and other equipment are not loaded beyond their safe
carrying capacity which shall be clearly marked on such trucks
and other equipment;
(g) handles of hand trucks are so designed as to protect the hands
of the building workers working on such trucks, or such handles
are provided with knuckle guards;
(h) no unauthorised person rides the transport equipment employed
in such work;
(i) a driver of a transport equipment manoeuvres such equipment
under the direction of a signaller;
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and all work above each tier of any floor beams is completed
before the safety of the support of such beam is impaired:
(b) masonry is neither loosened nor permitted to fall in such masses
or volume or weight as to endanger the structural support;
(c) no wall, chimney or other structure or part of a structure or part
of a structure is left unguarded in such a condition that it may
fall, collapse or weaken due to wind pressure or vibration;
(d) in the case of demolition of exterior walls by hand, safe footing is
provided for the building workers employed for such demolition,
in the form of sound flooring or scaffolds;
(e) walls or partitions which are to be demolished by hand are not
left standing more than one storey high above the uppermost
floor on which persons are working.
111. Method of operation:-The employer shall ensure at a construction site
of a building or other construction work that debris, bricks and other materials
or articles are removed-
(i) by means of chutes;
(ii) by means of buckets or hoists;
(iii) through openings in the floors; or
(iv) by any other safe means.
112. Access to floor:-The employer shall ensure at a construction site of a
building or other construction work that safe access to and egress from every
building is provided at all times in the course of demolition of such building by
means of entrances, hallways, stairway or ladder runs which are so protected as
to safeguard the building workers using such means from falling materials or
articles.
113. Demolition of structural steel:-The employer shall ensure at a
construction site of a building or other construction work that
(a) all steel structures are demolished column by column and tier by
tier and every structural member which is being demolished is
not under any stress and such structural member is suitably
lashed to prevent it from any uncontrolled swinging or dropping
or falling;
(b) larger structural members are not thrown or dropped from the
building but are carefully lowered by adopting suitable safe
method;
(c) where a lifting appliance like a derrick is used for demolition, the
floor on which such lifting appliance rests is completely planked
over or supported and such floor is of adequate strength to
sustain bearing load for such lifting appliance and its operation.
114. Storage of material or article:-The employer shall ensure at a
construction site of a building or other construction work that
(a) all materials or articles are not stored or kept on platform floor,
or stairways of a building being demolished:
Provided that this clause shall not apply to the floor of a building when such
floor is of such strength as to support safely the load to be superimposed by
storing such materials or articles;
(b) an access to any stairway or passageway is not affected or
blocked by storing any material or article;
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(d) that where other mechanical methods are being used to affect
total or partial collapse of a building or other construction work,
there shall be maintained, in the area into which the affected
portion of such building or other construction work may fall, a
zone of demolition at least one and a half times the height of
such affected portion thereof; and
(e) no person other than building workers or other persons essential
to the operation of demolition work shall be permitted to enter a
zone of demolition referred to in clause (a) which shall be
provided with substantial barricades.
CHAPTER XIII
EXCAVATION AND TUNNELLING WORKS
119. Notification of intention to carry out excavation and tunnelling
work:-(1) Every employer carrying out any excavation or tunnelling work at a
construction site of a building or other construction work shall, within thirty
days, prior to the commencement of such excavation or tunnelling work, inform
in writing the detailed layout plans, method of construction and schedule of such
excavation or tunnelling work, to the Director General.
(2) In case compressed air is used in such excavation or tunnelling work or
any work incidental to or required for such excavation or tunnelling work, the
technical details and drawings of all man-locks and medical locks, together with
names and addresses of all construction medical officers having qualification as
laid down in Schedule XI annexed to these rules and so appointed by such
employer for the purpose of such excavation or tunnelling work shall be sent to
the Director General.
120. Project Engineer:-(1) Every employer undertaking any excavation or
tunnelling work shall appoint a project engineer for safe operation of such
projects of such excavation or tunnelling work for which such engineer is
appointed.
(2) Such project engineer shall exercise overall control of the operations and
the activities at such project and be responsible for carrying out the activities
safely.
121. Responsible person:-(1) Every employer undertaking excavation or
tunnelling work at a construction site of a building or other construction work
shall appoint a responsible person for safe operation for such excavation or
tunnelling work.
(2) Duties and responsibilities of the responsible person referred to in sub-
rule (1) person shall include
(a) to carry out smoothly such excavation or tunnelling work;
(b) to inspect and rectify any hazardous situation relating to such
excavation or tunnelling work;
(c) to take remedial measures to avoid any unsafe practice or
conditions relating to such excavation or tunnelling work.
(3) The name and address of the responsible person referred to in sub-rule
(1) shall be forwarded to the Director General.
122. Warning signs and notices:-The employer shall ensure at a
construction site of a building or other construction work that
(a) suitable warning signs or notices, required for the safety of
building workers carrying out the work of an excavation or
tunnelling, shall be displayed or erected at conspicuous places in
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that such machinery does not endanger the operator of such machinery or any
other person in the vicinity.
131. Breathing apparatus:-The employer shall ensure at a construction site
of a building or other construction work that
(a) suitable breathing apparatus is provided to a building worker
while working in compressed air environment for his use at
excavation or tunnelling work; and
(b) such breathing apparatus is maintained in good working
condition at all times.
132. Safety measures for tunnelling operation:-The employer shall
ensure at a construction site of a building or other construction work that
(a) where there is a danger of falling or sliding of material from the
roof face or wall of a tunnel, adequate measures such a shoring,
supporting by means of rock bolts, segments or steel sets are
taken for the safety of building workers;
(b) the excavated areas are made safe by use of suitably designed
and installed steel sets, rock bolts or similar other safe means;
(c) the responsible person referred to in rule 121 examines and
inspects the workplaces in a tunnel before the commencement of
work in such tunnel, and at regular intervals thereafter, to
ensure safety of the building workers in such tunnel;
(d) the portal areas of a tunnel with loose soil, or rock, likely to
cause injury to a person are adequately protected with supports.
133. Pneumatic tools:-The employer shall ensure at a construction site of a
building or other construction work that supply lines to pneumatic tools used
within a tunnel are fitted with watertrap or safety chain or safety wire, as the
case may be.
134. Shafts:-The employer shall ensure at a construction site of a building
or other construction work that
(a) surroundings of a shaft used in excavation or tunnel work are
protected from being washed away by construction of sufficient
height;
(b) where a building worker is required to enter a shaft at an
excavation or tunnelling work, safe means of access is provided
for such entry;
(c) every shaft at excavation or tunnelling work is provided with a
steel casing, concrete piping, timber shoring or other materials of
adequate strength for the safety of building workers working in
such shaft;
(d) such casing and bracing are provided to a shaft at an excavation
or tunnelling work upto the depth of such shaft at an excavation
or tunnelling work according to the appropriate design for such
casing and bracing;
(e) a reinforced concrete raft and beam is provided around the
opening of a shaft at an excavation or tunnelling work if the
ground surrounding such opening is unstable or unsafe.
135. Lift for shaft:-The employer shall ensure at a construction site of a
building or other construction work that lift is provided for transport of building
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(b) all air locks are equipped with fire-fighting facilities at excavation
or tunnelling work;
(c) an audible fire alarm is provided to warn the building workers
whenever a fire breaks out on an excavation or tunnelling work;
(d) adequate number and types of fire extinguishers, in accordance
with relevant national standards, are provided and made readily
available to fight any outbreak of fire at an excavation or
tunnelling work;
(e) fire extinguishers with vaporising liquids and high pressure
carbon dioxide are not used in tunnels or other confined spaces;
(f) the instructions regarding steps to be followed to fight outbreak
of fire, at an excavation or tunnelling work, written in Hindi or
local language understood by the majority of the building
workers employed on such excavation or tunnelling work, are
displayed at conspicuous and vulnerable places of such
excavation or tunnelling work.
149. Flooding:-The employer shall ensure at a construction site of a
building or other construction work that
(a) watertight bulkhead doors are installed at the entrance of a
tunnel to prevent flooding during a tunnelling work where more
than one tunnel is driven from a shaft;
(b) all necessary measures are taken to ensure that no building
worker is trapped in any isolated section of a tunnel when any
bulkhead door of such tunnel is closed;
(c) where there is likelihood of flooding or water rushing into a
tunnel during a tunnelling work, arrangements are made for
immediate starting of water pumps to take out water of such
flooding or water rushing and for giving alert signals to the
building workers and other persons to keep them away from
danger.
150. Steel curtains:-The employer shall ensure at a construction site of a
building or other construction work that air tight steel curtains are provided in
areas liable to flooding at tunnelling work and in case of descending tunnel such
curtains are provided in the top half of such tunnels to ensure the retention of
pockets of air for rescue purpose.
151. Rest shelters:-The employer shall ensure at a construction site of a
building or other construction work that
(a) where building workers employed in a compressed air
environment in a tunnelling work are required to remain at the
work site for one hour or more after decompression from
pressure exceeding one bar, adequate and suitable facilities are
provided for such building workers to rest;
(b) every man-lock, medical lock and any other facility inside these
locks at an excavation a tunnelling work is maintained in a clean
state and in good repairs;
(c) a first-aid room is provided and is readily available at a
construction site of a tunnelling work;
(d) each man-lock attendant station is provided with a first-aid box
at a construction site of a tunnelling work.
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(b) such responsible person keeps the record of each test referred to
in clause (a) and such record is produced for inspection to the
Inspector having jurisdiction on demand;
(c) the bulk head or diaphragm referred to in clause (a) are made of
sound material of adequate strength and are able to withstand to
maximum pressure on which they are subjected to at any time of
their use;
(d) a bulk head anchorage and air lock is tested at its workplace at
an excavation or tunnelling work immediately after their
installation at such place.
158. Diaphragms:-The employer shall ensure at a construction site of a
building or other construction work that all diaphragms which are in the form of
horizontal decks across a shaft used at excavation or tunnelling work are
securely anchored.
159. Portable electrical hand tools:-The employer shall ensure at a
construction site of a building or other construction work that all portable
electrical hand tools and inspection lamps used underground or in a confined
space at an excavation or tunnelling work are operated at a voltage not exceeding
twenty-four volts.
160. Circuit breaker:-The employer shall ensure at a construction site of a
building or other construction work that
(a) adequate number of differential ground fault circuit breakers are
installed for every electrical distribution system and its sub-
systems used at an excavation or tunnelling work and the
sensitivity of each of circuit breaker is adjusted in accordance
with the requirement set out in accordance with the relevant
national standards;
(b) no semi-enclosed fuse unit is used in underground place at an
excavation or tunnelling work.
161. Transformer:-The employer shall ensure at a construction site of a
building or other construction work that no transformer is used in any section of
a tunnel under compressed air unless such transformer is of the dry type and
conforms to the relevant national standards.
162. Live wire:-The employer shall ensure at a construction site of a
building or other construction work that there is no exposed live wire in working
areas at an excavation or tunnelling work which are accessible to building
workers other than those authorised to work on such live lines.
163. Welding sets:-The employer shall ensure at a construction site of a
building or other construction work that all welding sets used in a tunnel are of
adequate capacity and of suitable type approved by Director General.
164. Quality and quantity of air:-The employer shall ensure at a
construction site of a building or other construction work that
(a) every working chamber at an excavation or tunnelling work
where compressed air is used, the supply of such air is
maintained not less than zero point three cubic metres per
minute per person working therein;
(b) a reserve supply of compressed air is made available at all times
for man-locks and medical locks used at a tunnelling work;
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(b) crawling board referred to in clause (a) are kept in good repairs
and inspected by a responsible person before being taken into
use;
(c) crawling board referred to in clause (a) is secured to a steep roof
on which it is used by ridge hooks or other effective means;
(d) a firmly fastened lifeline of adequate strength is strung beside
each crawling board referred to in clause (a) throughout its
length while using such crawling boards.
CHAPTER XV
LADDERS AND STEP-LADDERS
172. Construction and safe use:-The employer shall ensure at a
construction site of a building or other construction work that
(a) every ladder or step-ladder used in building or other
construction work is of good construction, made of sound
material and of adequate strength for the purpose for which such
ladder or step-ladder is used;
(b) when a ladder is used as a means of communication, such
ladder is lashed to a fixed structure so that while working on
such ladder it does not slip;
(c) a ladder or step-ladder does not stand on loose bricks or other
loose packing and has a level and firm footing;
(d) where it is required, in case of use of fixed ladders, sufficient
foot-hold and hand-hold are provided for use by the building
worker;
(e) every ladder is
(i) secured so as to prevent undue swaying;
(ii) equally and properly supported on each of its upright;
(iii) so used as not to cause undue sagging; and
(iv) placed as nearly as possible at an inclination of four in
one;
(f) the use of all ladders and step-ladders conform to the relevant
national standards for their use.
173. Rungs:-The employer shall ensure at a construction site of a building
or other construction work that no ladder is used which has a missing or
defective rung or a rung which depends for its support solely on nails, spikes or
other similar fixing.
174. Materials for ladders:-The employer shall ensure at a construction
site of a building or other construction work that all wooden ladders used in
building work
(a) are constructed upright of adequate strength and are made of
straight-grained wood, free from defects and having the grain of
such wood running lengthwise;
(b) have rungs made of straight-grained wood free from defects and
mortised or securely notched into the upright; and
(c) have reinforcing metal ties, if the tenons of such ladders are not
secured by wedges.
CHAPTER XVI
CATCH PLATFORM AND HOARDINGS, CHUTES, SAFETY BELTS AND NETS
175. Catch platforms:-The employer shall ensure at a construction site of a
building or other construction work that
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in sub-clause (i) of clause (b) of sub-rule (1) of rule 210, in the following manner,
namely:
(a) the enquiry shall be commenced as early as it may be, and in
any case, within fifteen days of the receipt of notice of accident or
dangerous occurrence under rule 210;
(b) the enquiry may be conducted by the authority referred to in
sub-clause (i) of clause (b) of sub-rule (1) of rule 210 himself or
by an enquiry officer appointed by such authority;
(c) the authority or enquiry officer, as the case may be, shall serve
or cause to be served, notices in writing, informing the date, time
and place of such enquiry to all persons entitled to appear in
such enquiry and whose names and addresses are known to
such authority or enquiry officer;
(d) notwithstanding the provisions of clause (b), for the purpose of
notifying other persons who may in any way be concerned or be
interested in such enquiry, the authority or enquiry officer, as
the case may be, may publish notice of such enquiry in one or
more local newspapers, informing the date, time and place of
such enquiry.
(2) The person entitled to appear at the enquiry may include
(a) an inspector or any officer of the Central Government or the
State Government or an undertaking or public body, concerned
with the enforcement or compliance of safety provisions of the
Act and the rules in the concerned establishment;
(b) a trade union or a workers association or an employers
association;
(c) the worker involved in the accident or his legal heir or authorised
representative;
(d) the owner of the premises in which the accident took place;
(e) any other person, at the discretion of the authority or the
enquiring officer, as the case may be, who may be interested in
or be concerned with the cause of an accident or may have
knowledge about such cause or is likely to give material evidence
or produce a relevant document in connection with such
accident or dangerous occurrence.
(3) In case the entitled person referred to in sub-rule (2) is a body corporate,
a company, or any other organisation, association, group of persons such group
may be represented through an authorised representative including a counsel or
a solicitor.
(4) Subject to the provisions of sub-rule (5), the enquiry shall be held in
public.
(5) In cases where
(a) the Central Government is of the opinion that the matter of the
enquiry or any part of it are of such nature that it would be
against the interests of national security to hold the enquiry in
public and directs the said authority or the enquiry officer, as
the case may be, to hold the enquiry in camera; or
(b) on an application made by any party to the enquiry, the
authority or the enquiry officer, as the case may be, referred to in
sub-rule (1), if it or he is of the opinion that the holding of public
enquiry will lead to disclosure of information relating to a trade
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(a) (i) a building worker who is employed for a work involving such risk
or hazards, inherent in such work as the Director General
considers appropriate for the periodical medical examination of
such worker, is medically examined at such intervals as the
Director General may direct from time-to-time;
(ii) every operator of a crane, winch or other lifting
appliance, transport equipment or vehicle, is medically
examined before employing such operator and again
periodically, at such intervals as the Director General
may direct from time-to-time;
(iii) the medical examination referred to in sub-clause (i) and
sub-clause (ii) is in accordance with Schedule VII,
annexed to these rules and is conducted by such
medical officers or at such hospitals as are approved by
the Central Government for the purpose from time-to-
time;
(iv) in case of a building worker who is exposed to special
occupational health hazard owing to job or work
assigned to such worker, the periodical medical
examination referred to in sub-clause (i) or sub-clause ii)
includes such special investigation as may be deemed
necessary by the construction medical officer examining
such building worker for the diagnosis of occupational
disease.
(b) no building worker is charged for the medical examination
referred to in sub-clause (i) or sub-clause (ii) of clause (a) and the
cost of such examination is borne by the employer employing
such building worker;
(c) certificate of medical examination referred to in sub-clause (i) or
sub-clause (ii) of clause (a) is issued in Form XI annexed to these
rules;
(d) the record of the medical examination referred to in sub-clause
(i) or sub-clause (ii) of clause (a) of every building worker
employed by him is maintained in a register in Form XII annexed
to these rules and such register shall be made available to the
inspector having jurisdiction, on demand;
(e) in case a construction medical officer examining a building
worker under sub-clause (i) or sub-clause (ii) of clause (a) is of
the opinion that such building worker so examined is required to
be taken away from the building or other construction work at
which he is employed for health protection, such medical officer
shall inform the employer of such building worker accordingly
and such employer shall inform such opinion to the Board where
such worker is registered as a beneficiary.
224. Duties of construction medical officer:-(1) The medical examination
referred to in sub-clause (i) or sub-clause (ii) of clause (a) of rule 223 shall be
carried out by a construction medical officer.
(2) The duties and responsibilities of such construction medical officer shall
be as given below, namely:-
(a) medical examination of building workers;
(b) first-aid care including emergency medical treatment;
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rest day due to application of sub-rule (1) of this rule, such worker shall be paid
at double the rate of normal wages in respect of the work done in excess of such
daily or weekly hours and for work done on such rest day.
CHAPTER XXVII
NOTICES, REGISTERS, RECORDS AND COLLECTION OF STATISTICS
238. Notice of wage periods, etc.:-(1) Every employer shall cause to
display at the conspicuous place of the work place of an establishment under his
control, notice showing the rates of wages of the building workers working in
such establishment, hours of work of such worker, their wage periods, date of
payment of such wages, names and addresses of the Inspectors having
jurisdiction to such establishment and date of payment of unpaid wages to such
workers, in English, Hindi and in the local language understood by the majority
of such building workers.
(2) A copy of the notice referred to in sub-rule (1) shall be sent to the
Inspector having jurisdiction and whenever any change occurs relating to facts
contained in such notice, such change shall be communicated by the employer to
such Inspector.
239. Notice of commencement and completion:-(1) Every employer shall,
at least thirty days before the commencement of any building or other
construction work under his control, send or cause to be sent to the Inspector
having jurisdiction, a written notice intimating the actual date of the
commencement, the probable date of completion and other such particulars as
referred to in sub-section (1) of section 46 of the Act relating to such building or
other construction work in Form IV, annexed to these rules.
(2) Where any change occurs in any of the particulars furnished under sub-
rule (1), the employer shall intimate such change to the Inspector having
jurisdiction within two days of such change.
(3) Nothing contained in sub-rule (1) shall apply in case of such class of
building or other construction work as the Central Government may by
notification specify to be emergent work.
240. Register of persons employed as building workers:-Every employer
shall maintain in respect of each registered establishment, where he employs
building workers a register in Form XV, annexed to these rules.
241. Muster-roll, wages register, deduction register, overtime register
and issue of wage books and service certificates:-(1) Every employer shall, in
respect of each work on which he employs building workers, maintain
(a) muster-roll and a register of wages in Form XVI and Form XVII,
respectively, annexed to these rules;
Provided that a combined register of wage-cum-muster-roll in Form XVIII,
annexed to these rules shall be maintained by the employer where the wage
period for such building worker is a fortnight or less;
(b) a register of deductions for damage or loss, register of fines and
register of advances in Form XIX, Form XX and Form XXI,
respectively, annexed to these rules;
(c) a register of overtime in Form XXII annexed to these rules, for
recording therein the number of hours of, and the wages paid
for, overtime work, if any.
(2) Every employer shall, in respect of each work on which he engages
building workers
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(a) issue where the wage period is one week or more, wage book to
each of such building worker in Form XXIII annexed to these
rules to such building workers in which entries shall be made at
least a day prior to the disbursement of wages to them;
(b) issue a service certificate to each of such building worker in
Form XXIV annexed to these rules to such building workers on
termination of his service on account of completion of such work
or for any other reason;
(c) obtain signature or thumb-impression of each such building
worker against entries relating to him on the register of wages or
muster-roll-cum-wages register, as the case may be, and such
entries shall be authenticated by the employer or his authorised
representative.
(3) In respect of an establishment to which the Payment of Wages Act, 1936
(4 of 1936), or Minimum Wages Act, 1948 (11 of 1948) or the Contract Labour
(Regulation and Abolition) Act, 1970 (37 of 1970) applies the following registers
and records required to be maintained by an employer under any of such Acts or
the rules made thereunder, shall be deemed to be the registers and records
maintained by the employer under these rules, namely:
(a) muster-roll;
(b) register of wages;
(c) register of deductions;
(d) register of overtime;
(e) register of fines;
(f) register of advances;
(g) combined register of wages-cum-muster-roll.
(4) Notwithstanding anything contained in these rules, where a combined or
alternative form, in lieu of any of form specified under these rules, is sought to be
used by an employer to avoid duplication of work for compliance with the
provisions of any other Act or the rules framed thereunder or for administrative
convenience, such combined or alternative form may be used with the prior
approval of the Central Government.
(5) Every employer shall display at the conspicuous place of the work site
where he employs building workers, an abstract of the Act and these rules in
English and in Hindi and in a language understood by the majority of such
building workers.
(6) Every employer shall ensure that the registers and other records required
to be maintained under the Act or these rules, are maintained complete and up-
to-date, and, unless otherwise provided for, are kept at an office or the nearest
convenient building within the precincts of the concerned work place.
(7) The registers and other records relating to an establishment and required
to be maintained under the Act or these rules, shall be maintained legibly in
English and in Hindi or in a language understood by the majority of the building
workers employed in such establishment.
(8) Every register or other record referred to in sub-rule (7) shall be
preserved by the employer, with whom such register or other record belongs, in
original for a period of three calendar years from the date of last entry therein.
(9) Every register, record or notice maintained under the Act, or these rules
shall be produced or caused to be produced by the employer concerned on
demand before the Inspector or any other authority under the Act or any other
person authorised by the Central Government for such purpose.
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(10) In case, where during a wage period, no deduction has been made from
the wages of a building worker or no fine has been imposed on such building
worker or no overtime work has been performed by such building worker or no
payment has been made for overtime work to such building worker, a nil shall
be made against such wage period at the appropriate place in the relevant
register maintained in Forms XIX, XX, XXI or XXII, as the case may be.
242. Returns:-Every employer of a registered establishment shall send
annually, return relating to such establishment in duplicate in Form XXV
annexed to these rules to the registering officer having jurisdiction so as to reach
him not later than the fifteenth February following the end of each calendar year
with a copy to the Inspector having jurisdiction.
CHAPTER XXVIII
WELFARE OF BUILDING WORKERS
243. Latrine and urinal accommodation:-Latrines or urinals, as the case
may be, required to be provided under section 33 of the Act shall be of the types
as specified below, namely:
(a) every latrine shall be under cover and so partitioned off as to
secure privacy, and shall have a proper door and fastenings;
(b) (i) where both male and female building workers are employed,
there shall be displayed outside each block of latrines or urinals
a notice containing therein For Men Only or For Women Only,
as the case may be, written in the language understood by the
majority of such workers;
(ii) such notice shall also bear the figure of a man or of a
woman, as the case may be;
(c) every latrine or urinal shall be conveniently situated and
accessible to building workers at all times;
(d) every latrine or urinal shall be adequately lighted and shall be
maintained in a clean and sanitary condition at all times;
(e) every latrine or urinal other than those connected with a flush
sewage system shall comply with the requirements of the public
health authorities;
(f) water shall be provided by means of a tap or otherwise so as to
be conveniently accessible in or near every latrine or urinal;
(g) the walls, ceilings and partitions of every latrine or urinal shall
be whitewashed or colour-washed once in every period of four
months.
244. Canteens:-(1) In every place wherein not less than two hundred and
fifty building workers are ordinarily employed, the employer of such building
workers shall provide an adequate canteen in the manner as specified in this rule
for the use of such building workers.
(2) the canteen, referred to in sub-rule (1) shall consist of a dining hall with
furniture sufficient to accommodate building workers using such canteen a
kitchen, store-room, pantry and washing places separately for building workers
and for utensils.
(3) (i) The canteen referred to in sub-rule (1) shall be sufficiently lighted at
all times when any person has access to it;
(ii) the floor of such canteen shall be made of smooth and
impervious material and inside walls of such canteen shall be
lime-washed or colour-washed at least once in every six months
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Provided that such inside walls of the kitchen of such canteen shall be lime-
washed once in every three months.
(4) (i) The precincts of the canteen referred to in sub-rule (1) shall be
maintained in a clean and sanitary condition;
(ii) waste water from such canteen shall be carried away in suitable
covered drains and shall not be allowed to accumulate in the
surroundings of such canteen;
(iii) suitable arrangements shall be made for the collection and
disposal of garbage from such canteen.
(5) Building of the canteen referred to in sub-rule (1) shall be situated at the
distance not less than fifteen point - two metres from any latrine or urinal or any
source of dust, smoke or obnoxious fumes.
245. Foodstuff to be served in the Canteen:-The foodstuff and other items
to be served in the canteen, referred to in sub-rule (1) of rule 244, shall be in
conformity with the normal dietary habits of the building workers.
246. Serving of tea and snacks at the work places:-At a building or other
construction work where a work place is situated at a distance of more than zero
point two kilometre from the canteen provided under sub-rule (1) of Rule 244,
arrangement shall be made by the employer employing building workers at such
place for serving tea and light refreshment to such building workers at such
place.
247. Charges of foodstuff:-(1) The charges for foodstuffs, beverages and
other items served in the canteen provided under sub-rule (1) of Rule 244, shall
be based on no profit no loss and the price list of such items shall be
conspicuously displayed in such canteen.
(2) In arriving at the prices of items referred to in sub-rule (1), the following
shall not be taken into consideration as expenditure, namely:
(a) the rent for the land and building of such canteen;
(b) the depreciation and maintenance charges for the building and
equipment provided in such canteen;
(c) the cost of purchase, repairs, and replacement of equipments
including furniture, crockery, cutlery, utensils and uniforms
provided to the employees of such canteen;
(d) the water charges and other charges incurred for lighting and
ventilation of such canteen; and
(e) the interest on the amounts spent for providing and maintaining
furniture and other equipment for such canteen.
CHAPTER XXIX
WAGES
248. Payment of wages:-An employer shall ensure at a construction site of
a building or other construction work that
(a) the wages of every building worker employed at such
construction site where less than one thousand such building
workers are employed are paid before the expiry of the seventh
day and in other cases before the expiry of tenth day after the
last day of the period in respect of which such wages are
payable.
(b) in case the employment of such building worker is terminated by
or on behalf of such employer, the wages earned by such
building worker are paid before the expiry of the second working
Rule 251 The Building and Other Construction Workers 103
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Provided further that the prohibition shall be complied with, pending the
decision of the Director General or the Secretary to the Government of India in
the Ministry of Labour.
Sch
SCHEDULE I
[SEE RULES 56(A), 71(A) AND 72]
MANNER OF TEST AND EXAMINATION BEFORE TAKING LIFTING
APPLIANCE, LIFTING GEAR AND WIRE ROPE INTO USE FOR THE FIRST
TIME.
Test Loads:
(1) Lifting ApplianceEvery lifting appliance with its accessory gear, shall be
subjected to a test load which shall exceed the safe working load (SWL) as
specified in the following table:
TABLE
Safe Working load Test load
Up to 20 tonnes 25 per cent in excess of safe working load
Up to 50 tonnes 5 tonnes in excess of safe working load
Over 50 tonnes 10 per cent in excess of safe working load
(2) Lifting Gear
(a) Every ring, hook, chain, shackle, swivel, eye-bolt, plate clamp,
triangular plate or pulley block (except single sheave block) shall
be subjected to a test load which shall not be less than the load
as specified in the following table:
TABLE
Safe Working load (in tonnes) Test load (in tonnes)
Up to 25 2 x safe working load
above 25 (1.22 x safe working load) + 20
(b) In the case of a single sheave block, the safe working load shall
be the maximum load which can safely be lifted by the block
when suspended by its head fitting and the load is attached to a
rope which passes around the sheave of the block and a test load
not less than four times the proposed safe working load shall be
applied to the head of the block.
(c) In the case of a multi sheave block, the test load shall not be less
than the load as specified in the following table:-
TABLE
Safe Working load (in tonnes) Test load (in tonnes)
Up to 25 2 x safe working load
25 to 160 (0.9933 x safe working load) + 27
above 160 1.1 x safe working load
(d) In the case of hand-operated pulley blocks used with pitched
chains and rings, hooks, shackles or swivels, permanently
attached thereto, a test load not less than 50 per cent in excess
of the safe working load shall be applied.
(e) In the case of a pulley block fitted with a bucket, the bucket
shall be tested and the load applied to the bucket when testing
that block will be accepted as test load of the bucket.
(f) In the case of a sling having two legs, the safe working load shall
be calculated when the angle between the legs is 90 degrees. In
106 The Building and Other Construction Workers Sch I
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Central Rules, 1998
SCHEDULE VI
PERMISSIBLE EXPOSURE IN CASES OF CONTINUOUS NOISE
[SEE RULE 34]
Total time of exposure (continuous or a number Sound pressure level (in
of short-term exposures) per day (in hours) dBA)
(1) (2)
8 90
6 92
4 95
3 97
2 100
1 102
1 105
107
110
115
Notes:-
(1) No exposure in excess of 115 dBA is to be permitted.
(2) For any period of exposure falling in between any figure and the next
higher or lower figure as indicated in column (1), the permissible sound
pressure level is to be determined by extrapolation of a proportionate
basis.
SCHEDULE VII
PERIODICITY OF MEDICAL EXAMINATION OF BUILDING WORKERS
[SEE RULES 81 (IV) AND 223 (A) (III)]
1. The employer shall arrange a medical examination of all the building
workers employed as drivers, operators, of lifting appliances and transport
equipment before employing, after illness or injury, if it appears that the illness
or injury might have affected his fitness and, thereafter, once in every two years
upto the age of forty and once in a year, thereafter.
2. Complete and confidential records of medical examination shall be
maintained by the employer or the physician authorised by the employer.
3. The medical examination shall include
(a) full medical and occupational history.
(b) clinical examination with particular reference to
(i) General Physique;
(ii) VisionTotal visual performance using standard
orthorator like Titmus Vision Tester should be estimated
and suitability for placement ascertaines in accordance
with the prescribed job standards.
(iii) HearingPersons with normal hearing must be able to
hear a forced whisper at twenty-four feet. Person using
hearing aids must be able to hear a warning shout under
noisy working conditions.
(iv) BreathingPeak flow rate using standard peak flow
meter and the average peak flow rate determined out of
these readings of the test performed. The results
recorded at pre-placement medical examination could be
used as a standard for the same individual at the same
altitude for reference during subsequent examination.
112 The Building and Other Construction Workers Sch VIII
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54 Ethylamine 10 18 - -
55 Fluorides (as F) - 2.5 - -
56 Flourine 1 2 2 4
57 Formaldehyde (S.C.) 1.0 1.5 2 3
58 Formic acid 5 9 - -
59 Gasoline 300 900 500 1500
60 Hydrazine-skin (S.C.) 0.1 0.1 - -
61 Hydrogen Chloride-C 5 7 - -
62 Hydrogen Cyanide-skin C 10 10 - -
63 Hydrogen Flourine (as F) C 3 2.5 - -
64 Hydrogen Peroxide 1 1.5 - -
65 Hydrogen Sulphide 10 14 15 21
66 Iodine-C 0.1 1 - -
67 Iron Oxide Fume (FeO) (as Fe) - 5 - -
68 Isoamyl acetate 100 525 - -
69 Isoamyl alcohol 100 360 125 450
70 Isobutyl alcohol 50 150 - -
71 Lead,inorg fumes and dust (as - 0.15 - -
Pb)
72 Lindane-skin - 0.5 - -
73 Malathion-skin - 10 - -
74 Manganese dust and compounds - 5 - -
(as Mn)-C
75 Manganese Fume (as Mn) - 1 - -
76 Mercury (as Hg)-Skin- - 0.01 - 0.03
(i) Alkyl compounds
(ii) All forms except alkyl vapour - 0.05 - -
(iii) Atyl and inorganic - 0.1 - -
compounds
77 Methyl alcohol(Methanol)-Skin 200 260 250 310
118 The Building and Other Construction Workers Sch XII
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Central Rules, 1998
30
(3) In terms of total dust ------------------------- mg/m3
%Quartz + 3
120 The Building and Other Construction Workers Sch XII
(Regulation of Employment and Conditions of Service)
Central Rules, 1998
FORM
[SEE RULE 23 (1)]
APPLICATION FOR REGISTRATION OF ESTABLISHMENTS EMPLOYING
BUILDING WORKERS
1. Name and location of the Establishment where building or other
construction work is to be carried on.
2. Postal address of the Establishment.
3. Full name and permanent address of the Establishment, if any.
4. Full name and address of the Manager or person responsible for the
supervision and control of the Establishment.
5. Nature of building or other construction work carried/is to be carried on
in the Establishment.
6. Maximum number of building workers to be employed on any day.
7. Estimated date of commencement of building or the other construction
work.
Principal Employer
Seal and Stamp
FORM II
[SEE RULE 24 (1)]
No. Date:
GOVERNMENT OF INDIA
OFFICE OF THE REGISTERING OFFICER
A Certificate of Registration is hereby granted under sub-section (3) of
section 7 of the Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996 and the rules made
thereunder, to M/s. ..having the following particulars subject to
conditions laid down in the Annexure:
1. Postal Address/location where building or other construction work is to
be carried on by the Employer.
2. Name and address of employer including location of the building and
other construction work.
3. Name and permanent address of the establishment.
4. Nature of work in which building workers are employed or are to be
employed.
5. Maximum number of building workers to be employed on any day by the
employer.
6. Probable date of commencement and completion of work.
7. Other particulars relevant to the employment of building workers.
ANNEXURE
The registration granted hereinabove is subject to the following conditions,
namely:
(a) the certificate of registration shall be non-transferable;
(b) the number of workmen employed or building workers in the
establishment shall not, on any day, exceed the maximum
number specified in the certificate of registration.
(c) save as provided in these rules, the fees paid for the grant of
registration certificate shall be non-refundable;
(d) the rates of wages payable to building workers by the employer
shall not be less than the rates prescribed under the Maximum
Wages Act, 1948 (11 of 1948) for such employment where
applicable, and where the rates have been fixed by agreement,
settlement or award, not less than the rates so fixed; and
122 The Building and Other Construction Workers Forms
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Central Rules, 1998
(e) the employer shall comply with the provisions of the Act and the
rules made thereunder.
FORM III
[SEE RULE 25 (2)]
REGISTER OF ESTABLISHMENTS
Sr. Registration Name and Address Name of the Nature of
No. No. and date location of the Employer building or
establishment and his other
registered where a address construction
building or other work
construction work is
to be carried on
(1) (2) (3) (4) (5)
FORM IV
[SEE RULES 26(3) AND 239(1)]
NOTICE OF COMMENCEMENT/COMPLETION OF BUILDING OR OTHER
CONSTRUCTION WORK
(1) (i) Name and address (Permanent) of the establishment
(ii) Name of the employer and address .
(2) Name and situation of place where the building and other construction is
proposed to be carried on.
(3) No. and date of Certificate of registration
(4) Name and address of the person incharge of the construction work.
(5) Address to which the communications relating to building or other
construction work may be sent.
(6) Nature of work involved and the facilities including plant or machinery
provided.
(7) the arrangement storage of explosives, if any, to be used in building or
other construction work.
(8) In case the notice is for commencement of work, the approximate
duration of work.
I/We herby intimate that the building or other construction work (Name of
work) having registration No. .dated .is likely to commence/is likely
to be completed with effect from(date)/on (date).
Signature of the Employer
Forms The Building and Other Construction Workers 123
(Regulation of Employment and Conditions of Service)
Central Rules, 1998
To,
The Inspector,
.
FORM V
[SEE RULES 56 AND 74(B), SCHEDULE I]
CERTIFICATE OF INITIAL AND PERIODICAL TEST AND EXAMINATION OF
WINCHES, DERRICKS AND THEIR ACCESSORY GEAR
Test Certificate No.
(a) In case of construction site, name of the construction site where
lifting appliances are fitted/installed/located:
Situation and Description Angle to the Test load Safe working
of lifting appliances and horizontal of applied load at the angle
Gear with distinguishing derrick boom shown in column
number or marks (if any), at which test (2)
which have been tested, load applied
thoroughly examined
(1) (2) (3) (4)
(Degrees) (Tonnes) (Tonnes)
Name and address of public service, Name and position of the Competent
association, company, or firm or Person of public service, association,
testing establishment making the company or firm or testing
test and examination establishment
(5) (6)
Situation and Description For jib cranes Test load Safe working
radius at the applied load for jib
test load was cranes at radius
applied shown in column
(2)
(1) (2) (3) (4)
(Metres) (Tonnes) (Tonnes)
Name and address of public, service, Name and position of the Competent
association, or firm or testing Person of public service, association,
establishment making the test and company or firm or testing
examination establishment
(5) (6)
Name and address Initial test and Name and address Name and
of manufacturer examination of public service, position of the
or suppliers certificate No. association, Competent Person
and date (only in company or firm of public service,
case of periodical or testing association,
test and establishment company or firm
examination) making the test or testing
and examination establishment
(7) (8) (9) (10)
Forms The Building and Other Construction Workers 125
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I certify that on the date shown in column (5) the gear described in columns
(1) to (4) was effectually annealed under my supervision that after being so
annealed every article was carefully inspected; and that no defects affecting its
safe Woking condition were found other than those indicated in column (6).
Signature of the Competent Person Seal Date
Registration/Authority number of the Competent Person
FORM X
[SEE RULES 69 AND 73]
CERTIFICATE OF ANNUAL THOROUGH EXAMINATION OF LOOSE GEARS
EXEMPTED FROM ANNEALING
(a) Name of the Construction site where loose gears are
fitted/installed/located:
Distinguishing Description of Number of Remarks
number or mark Gear certificate of initial
and periodical test
and examination
(1) (2) (3) (4)
3.
4.
5.
(c) Occupation
(d) Status of the worker:
Casual
Permanent
(e) Sex: Male/Female
(f) Age
(g) Experience
(h) Marital Status: Married /Unmarried/Divorced
6. Particulars of Accident
(a) Exact place where accident occurred
(b) Date
(c) Time
(d) What the injured person was doing at the time of accident?
(e) Weather condition
(f) How long employed by you for this particular job?
(g) Particulars of equipment/machine/tool involved & condition of
the same after the accident occurred
(h) Brief description of the accident
7. Nature of injuries
(a) Fatal
(b) Non-fatal
(c) If non-fatal, state precisely the nature of injuries
(Describe in detail the nature of injury, for instance fracture of
right arm, sprain etc.)
(d) Fist-aid: Given : Not Given:
(e) If not, give the reasons
(f) Name & designation of the person by whom first-aid was given
(g) If admitted to hospital,
Name of the hospital
Address of the hospital
Phone No. Name of the Doctor
8. Mode of transport used
Ambulance Truck Tempo Taxi Private Car
9. How much time was taken to shift the injured person?
(a) If very late, state the reasons
(b) How the reporting was made?
Telephone Telegram Special Messenger Letter
(c) Who visited the accident site first and what action was proposed
by him?
(d) What are the actions taken for the investigation of the accident
by the employer? (Describe about photographs/Video
film/measurements taken etc.)
10. Particulars of the persons given witness:
(a) Name Address Occupation
1.
2.
3.
4.
(b) Whether Temporary/Permanent
11. Particulars in case of fatal:
Date Time
Whether registered with Building and other If yes, give Reg. No.
130 The Building and Other Construction Workers Forms
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Central Rules, 1998
FORM XVII
[SEE RULE 241 (1) (A)]
REGISTER OF WAGES
Name and address of the Name and permanent address of
establishment where building or establishment
other construction work is
carried on
Nature of building or other Name and address of Employer
construction work .
Wage period : Monthly
132 The Building and Other Construction Workers Forms
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Central Rules, 1998
FORM XVIII
[SEE RULE 241 (1) (A)]
FORM OF REGISTER OF WAGES-CUM-MUSTER-ROLL
Name and address of the Name and permanent address of
establishment where establishment
building or other
construction work is
carried on/is to be
carried on
Nature of building or other construction work
FORM XIX
[SEE RULE 241 (1) (B)]
REGISTER OF DEDUCTIONS FOR DAMAGE OR LOSS
Name and address of the Name and permanent Name and permanent
establishment where address of building address of the employers
building or other workers
construction work is
carried on/is to be
carried on
Nature of building or other construction work
Date of recovery
Name of Amount of No. of First Last
person in deduction instalments instalment instalments
whose imposed
presence
building
workers
explanation
was heard
(8) (9) (10) (11) (12)
FORM XX
[SEE RULE 241 (1) (B)]
REGISTER OF FINES
Name and address of Name and permanent address of
establishment where building or establishment
other construction work is
carried on/is to be carried on
Nature of building or other Name and address of employer
construction work
FORM XXI
[SEE RULE 241 (1) (B)]
REGISTER OF ADVANCES
Name and address of Name and permanent address of
establishment where building or establishment
other construction work is
carried on/is to be carried on
Nature of building or other Name and address of employer
Forms The Building and Other Construction Workers 135
(Regulation of Employment and Conditions of Service)
Central Rules, 1998
construction work
FORM XXII
[SEE RULE 241 (1) (C)]
REGISTER OF OVERTIME
Name and address of Name and permanent address of
establishment where building or establishment
other construction work is
carried on/is to be carried on
FORM XXIII
[SEE RULE 241(2) (A)]
WAGE BOOK
Name and address of Employer Name and permanent address of
establishment
Name and address of Establishment where Nature of building or other
building or other construction work is construction work
carried on
For the Week/Fortnight/ Month
ending .
1. No. of days worked..
2. No. of units worked in cash of piece-rate workers..
3. Rate of daily/monthly wages/piece-rate..
4. Amount of overtime wages.
5. Gross wages payable
6. Deductions, if any, on account of the following:
(a) fines
(b) damage or loss.
(c) loans and advances.
(d) subscription towards provident fund.
(e) subscription towards the Building Workers Welfare Fund.
(f) any other deductions e.g. subscriptions to Cooperative Society on
account of loans from Cooperative Society/housing loan, or
contribution to any relief fund as per provision of clause (p) of
sub-section (2) of section 7 of the Payment of Wages Act or for
payment of any premium of Life Insurance Corporation.
7. Net amount of wages paid
Initials of the employer or his Representative
FORM XXIV
[SEE RULE 241(2) (B)]
SERVICE CERTIFICATE
Name and permanent address of Name and address/location where the
establishment building or other construction work
carried on/to be carried on
Nature and location of work :
Name and address of the workmen :
Age or Date of Birth :
Identification Marks :
Fathers /Husbands name : ..
Sr. Total period for Nature Rate of wages If the building worker
No. which employed of with was a beneficiary, his
work particulars of registration No. date
done unit in case of and the name of the
(piece work) Board
From To
(1) (2) (3) (4) (5) (6)
Forms The Building and Other Construction Workers 137
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Central Rules, 1998
Signature
FORM XXV
[SEE RULE 242]
ANNUAL RETURN OF EMPLOYER TO BE SENT TO THE REGISTERING
OFFICER
Year ending 31st December
1. Full name and full address of establishment of the building and other
construction work. (Place, Post Office, District).
2. Name and permanent address of the establishment.
3. Name and address of employer.
4. Nature of building and other construction work carried on.
5. Full name of the Manager or person responsible for supervision and
control of the establishment.
6. Number of building workers ordinarily employed.
7. Total number of days during the year on which building workers were
employed.
8. Total number of man-days worked by building workers during the year.
9. Maximum number of building workers employed on any day during the
year.
10. The number of accidents that took place during the year as under:
(a) The total number of accidents.
(b) The number of accidents-resulting in disablement of building
workers for less than 48 hours, the number of building workers
involved and the number of man-days lost.
(c) The number of accidents resulting in disablement of building
workers beyond 48 hours, but not resulting in any permanent,
partial or permanent total disablement, the number of building
workers involved, and the number of man-days lost on account
of such accidents.
(d) The number of accidents resulting in permanent partial or total
disablement, the number of building workers involved and the
number of man-days lost on account of such accidents.
(e) The number of accidents resulting in deaths of building workers
and the number of resultant deaths.
The Chief Inspector or Inspectors appointed by a State Government under
the Act shall direct the owners of establishments registered under this Act, to
send the copies of Annual Returns submitted by the employers of registered
establishments in respect of the concerned State Government or appropriate
Government to the Director General of Inspections by virtue of provisions of
section 60 of the Act.
The Chief Inspector or Inspectors appointed under this Act by a State
Government shall direct the owners of such establishments as are registered
under this Act by registering officers appointed by the concerned State
Government to send copies of the Annual returns to the Director General by
virtue of provisions of section 60 of the Act.
138 The Building and Other Construction Workers Forms
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Central Rules, 1998
Note: If all the lifting appliances are thoroughly examined on the same date
it will be sufficient to enter in column (1) All lifting appliances. If not, the parts
which have been thoroughly examined on the dates must be clearly indicated.
PART II
Initial and periodical load test of loose gears and annual thorough
examination
List of loose gear:
The following classes of loose gears namely:
1. Chains made of malleable cast iron;
2. Plate link chains;
3. Chains, rings, hooks, shackles and swivels made of steel;
4. Pitched chains;
5. Rings, hooks, shackles and swivels permanently attached to pitched
chains, pulley blocks, container, spreaders, trays slings, baskets, etc. and any
other similar gear.
6. Hooks and swivels having crew-threaded parts or ball bearings or other
case-heardened parts; and
7. Bordeaux connections.
Initial Test and periodical load test of loose gears
Distinguishing Description No. of I certify that on the date on
No. or marks of loose gear certificates which I have appended my
tested and of test and signature the loose gears
examined examination shown in column (1) and (2)
of were tested and no defects
competent affecting its safe working
person condition were found other
than those shown in column
(6)
Date and Date and
signature signature
with seal with seal
(1) (2) (3) (4) (5)
1.
2.
3.
4.
5.
1. Short title, extent and commencement:-(1) This Act may be called the
Building and other Construction Workers Welfare Cess Act, 1996.
(2) It extends to the whole of India.
(3) It shall be deemed to have come into force on the 3 rd day of November,
1995.
2. Definitions:-In this Act, unless the context otherwise requires,--
(a) Board means a Building and other Construction Workers
Welfare Board constituted by a State Government under sub-sec.
(1) of sec,. 18 of the Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Act, 1996;
(b) Fund means the Building and Other Construction Workers
Welfare Fund constituted by a Board;
(c) prescribed means prescribed by rules made under this Act;
(d) words and expressions used herein but not defined and defined
in the Building and other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996 shall have the
meanings respectively assigned to them in that Act.
3. Levy and collection of Cess:-(1) There shall be levied and collected a
cess for the purposes of the Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Act, 1996, at such rate not
exceeding two per cent but not less than one per cent of the cost of construction
incurred by an employer, as the Central Government, may, by notification in the
Official Gazette, from time to time specify.
(2) The cess levied under sub-sec. (1) shall be collected from every employer
in such manner and at such time, including deduction at source in relation to a
building or other construction work of a Government or of a public sector
undertaking or advance collection through a local authority where an approval of
such building or other construction work by such local authority is required, as
may be prescribed.
(3) The proceeds of the cess collected under sub-sec. (2) shall be paid by the
local authority or the State Government collecting the cess to the Board after
deducting the cost of collection of such cess not exceeding one per cent of the
amount collected.
(4) Notwithstanding anything contained in sub-sec. (1) or sub-sec. (2) the
cess leviable under this Act including payment of such cess in advance may,
subject to final assessment to be made, be collected at a uniform rate or rates as
may be prescribed on the basis of the quantum of the building or other
construction work involved.
142 The Building and other Construction Workers Welfare Sec 4
Cess Act, 1996
10. Recovery of amount due under the Act:-Any amount due under this
Act (including any interest or penalty) from an employer may be recovered in the
same manner as an arrear of land revenue.
11. Appeals:-(1) Any employer aggrieved by any order of assessment made
under section 5 or by an order imposing penalty made under section 9 may,
within such time as may be prescribed, appeal to such appellate authority in
such form and in such manner as may be prescribed.
(2) Every appeal preferred under sub-section (1) shall be accompanied by
such fees as may be prescribed.
(3) After the receipt of any appeal under sub-section (1), the appellate
authority shall, after giving the appellant an opportunity of being heard in the
matter dispose of the appeal as expeditiously as possible.
(4) Every order passed in appeal under this section shall be final and shall
not be called in question in any court of law.
12. Penalty:-(1) Whoever, being under an obligation to furnish a return
under this Act, furnishes any return knowingly, or having reason to believe, the
same to be false shall be punishable with imprisonment which may extend to six
months, or with fine which may extend to one thousand rupees, or with both.
(2) Whoever, being liable to pay cess under this Act, wilfully or intentionally
evades or attempts to evade the payment of such cess shall be punishable with
imprisonment which may extend to six months, or with fine, or with both.
(3) No court shall take cognizance of an offence punishable under this
section save on a complaint made by or under the authority of the Central
Government.
13. Offences by companies:-(1) Where an offence under this Act has been
committed by a company, every person who, at the time the offence was
committed, was in charge of, and was responsible to, the company for the
conduct of the business of the company, as well as the company, shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment if he proves that the offence was committed
without his knowledge or that he had exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence
under this Act has been committed with the consent or connivance of, or is
attributable to any neglect on the part of, any director, manager, secretary or
other officer shall also be deemed to be guilty of that offence and shall be liable to
be proceeded against and punished accordingly.
Explanation:-For the purposes of this section,
(a) company means any body corporate and includes a firm or
other association of individuals; and
(b) director , in relation to a firm, means a partner in the firm.
14. Power to make rules:-(1) The Central Government may, by notification
in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules
may provide for all or any of the following matters, namely:-
(a) the manner in which and the time within which the cess shall be
collected under sub-section (2) of section 3;
(b) the rate or rates of advance cess leviable under sub-section (4) of
section 3;
144 The Building and other Construction Workers Welfare Sec 15
Cess Act, 1996
1 Notification No G.S.R 149(E), dated 26th March, 1998. Published in Gazette of India,
Extra Part II, Sec. 3(i) dated 26th March 1998.
146 The Building & other Construction Workers Welfare Rule 5
Cess Rules, 1998
year thereafter at the notified rates on the cost of construction incurred during
the relevant period.
(3) Notwithstanding the provisions of Sub-rule (1) and Sub-rule (2), where
the levy of cess pertains to building and other contraction work of a Government
or of a Public Sector Undertaking, such Government or the Public Sector
Undertaking shall deduct or cause to be deducted the cess payable at the notified
rates from the bills paid for such works.
(4) Notwithstanding the provisions of Sub-rule (1) and Sub-rule (2), where
the approval of a construction work by a local authority is required, every
application for such approval shall be accompanied by a crossed demand draft in
favour of the Board and payable at the station at which the Board is located for
an amount of cess payable at the notified rates from the estimated cost of
construction:
Provided that if the duration of the project is likely to exceed one year, the
demand draft may be for the amount of cess payable on cost of construction
estimated to be incurred during one year from the date of commencement and
further payment of cess due shall be made as per the provisions of Sub-rule (2).
(5) An employer may pay in advance an amount of cess calculated on the
basis of the estimated cost of construction along with the notice of
commencement of work under Sec. 46 of the Main Act by a crossed demand draft
in favour of the Board and payable at the station at which the Board is located:
Provided that if the duration of the project is likely to exceed one year, the
demand draft may be for the amount of cess payable on cost of construction
estimated to be incurred during one year from the date of such commencement
and further payment of cess due shall be made as per the provisions of Sub-rule
(2).
(6) Advance cess paid under Sub-rules (3), (4) and (5), shall be adjusted in
the final assessment made by the Assessing Officer.
5. Transfer of the proceeds of the cess to the Board:-(1) The proceeds of
the cess collected under Rule 4 shall be transferred by such Government office,
Public Sector Undertaking, local authority, or cess collector, to the Board
alongwith the form of challan prescribed (and in the head of account of the
Board) under the accounting procedures of the State, by whatever name they are
known.
(2) Such government office of Public Sector Undertaking may deduct from
the cess collected, or claim from the Board, as the case may be, actual collection
of expenses not exceeding one per cent of the total amount collected.
(3) The amount collected shall be transferred to the Board within thirty days
of its collection.
6. Information to be furnished by the employer:-(1) Every employer,
within thirty days of commencement of his work of payment of cess, as the case
may be, furnish to the Assessing Officer, information in Form I.
(2) Any change or modification in the information furnished under Sub-rule
(1) shall be communicated to the Assessing Officer immediately but not later than
thirty days from the date of affecting the modification or change.
7. Assessment:-(1) The Assessing Officer, or receipt of information in Form I
from an employer shall make a scrutiny of such information furnished and, if he
is satisfied about the correctness of the particulars so furnished, he shall make
an order of assessment within a period not exceeding six months from the date of
receipt of such information in Form I, including the amount of cess payable by
the employer and endorse a copy thereof to the employer, to the Board and to the
Rule 9 The Building & other Construction Workers Welfare 147
Cess Rules, 1998
cess collector and dispatch such order within five days of the date on which such
order is made.
(2) The order shall inter-alia specify the amount of cess due, cess already
paid by the employer or deducted at source and the balance amount payable and
the date, consistent within the provision of the rule 4, by which the cess shall be
paid to the cess collector.
(3) If on scrutiny of information furnished, the Assessing Officer is of the
opinion that employer has under-calculated or miscalculated the cost of
construction or has calculated less amount of cess payable, he shall issue notice
to the employer for assessment of the cess.
(4) On receipt of such notice the employer shall furnish to the Assessing
Officer a reply together with copies of documentary or other evidence in support
of his claim, within fifteen days of the receipt of the notice:
Provided that the Assessing Officer may, in the course of assessment, afford
an opportunity to the assessee to be heard in person, if he so requests to
substantiate his claim.
(5) If the employer fails to furnish the reply within the period specified under
Sub-rule (4), or where an employer fails to furnish information in Form I, the
Assessing Officer shall proceed to make the assessment on the basis of available
records, and other information incidental thereto.
(6) The Assessing Officer may, at anytime while the work is in progress,
authorise such officer to make such enquiry at the work site or from
documentary evidence in any other manner as he may think fit for the purpose of
estimating the cost of construction as accurately as possible.
8. Return of overpaid cess:-(1) Where the Assessing Officer has passed an
order of assessment and the employer decides to withdraw from or foreclose the
works or modifies the plan of construction thereby reducing the cost of
construction undertaken or has been forced by other circumstances to call off the
completion of the work undertaken, he may seek revision of the assessment order
by making an information in Form II to the Assessing Officer giving details of
such reduction or stoppage of work.
(2) Revision of order of assessment shall be made by the Assessing Officer,
in the same manner as the original order, within thirty days of receipt of such
information in Form II.
(3) Following the revision of assessment as per Sub-rule (2) the Assessing
Officer shall, wherever necessary, endorse a copy of the revised assessment to the
Board or cess collector, as the case may be, for making the refund of excess cess
as ordered in the revised assessment.
(4) The Board shall, within thirteen days of receipt of the endorsement from
the Assessing Officer under Sub-rule (3), refund the amount specified in the
order to the employer through a demand draft payable at the station where the
establishment is located.
(5) Where the Appellate Authority has modified the order of assessment
reducing the amount of cess, refund shall be made within such time as may be
specified in that order.
9. Exemption:-(1) Any employer or class of employers in a State seeking
exemption under Sec. 6 of the Act may make an application to the Director
General of Labour Welfare, Ministry of Labour, Government of India, stating the
details of works undertaken, name of the Act or corresponding law in force in
that State under which he is liable to pay cess for the welfare of the construction
workers and amount of cess actually paid alongwith the date of such payment
148 The Building & other Construction Workers Welfare Rule 10
Cess Rules, 1998
and proof thereof. A copy of such application shall be endorsed to each of the
Assessing Officer and the board concerned.
(2) On receipt of such application the Central Government may, if it feels
necessary, seek a report from the State Government concerned.
(3) On examining the grounds, facts and merits of such application the
Central Government may, by notification in the Official Gazette, issue an order
exempting the employer or class of employers, as the case may be, from payment
of cess payable under the Act where such cess is already levied and payable
under such corresponding law.
(4) Assessment proceedings shall be stopped by the Assessing Officer for a
period of thirty days commencing from the date of the receipt of a copy of the
application under Sub-rule (1) to him, or till the order of the Central Government
under Sub-rule (3) is conveyed to an employer or class of employers who made
the application under Sub-rule (1), whichever is earlier.
10. Powers of Assessing Officer and other officers:-(1) An assessing
Officer, or an officer authorised under Sub-rule (6) of Rule 7, if empowered by the
State Government under Sec. 7 of the Act, may
(a) enter any establishment where building and other construction
work is going on;
(b) make an inventory of materials, machinery or other articles
laying at the work place;
(c) enquire about the number of workers engaged in various
activities:
(d) require the production of any prescribed register or any other
documents relevant to the assessment of cost of construction or
number of workers employer;
(e) seize or take copies of any such records;
(f) make general assessment of the stage of the construction work
having been completed;
(g) direct the employer or any other person incharge of the place
that no material or machinery shall be removed or disturbed for
so long as is necessary for the purpose of any examination;
(h) take measurement, notes or photographs;
(i) exercise such other powers considered absolutely necessary for
reasonable assessment of cost of construction.
11. Date of payment:-Of cess shall be the date on which the amount Date
of payment of cess shall be the date on which the amount is deposited with the
cess collector under Sub-rule (1) of the rule, 4, or the date of deduction at source
under Sub-rule (3) of Rule 4, or the date on which the draft has been deposited
with the local authority under sub-rule (4), as the case may be.
12. Penalty for non-payment:-(1) An Assessing Officer, if it appears to him
that an employer has not paid the cess within the date as specified in the
assessment order or has paid less cess, including the cess deducted at source or
paid in advance, shall issue a notice to such employer that it shall be deemed to
be in arrears and such Assessing Officer may, after such inquiry as it deems fit,
impose on such employer, a penalty not exceeding such amount of cess.
Provided that before imposing any such penalty, such employer shall be
given a reasonable opportunity of being heard and if after such hearing the
Assessing Officer is satisfied that the default was for any good and sufficient
reason, no penalty shall be imposed on such employer.
Rule 15 The Building & other Construction Workers Welfare 149
Cess Rules, 1998
FORM II
[SEE RULE 9(1)]
NOTICE OF STOPPAGE OR REDUCTION OF WORK
1. Name of Establishment Registration No. under Building
and Other Construction Workers
(Regulation of Employment and
Conditions of Service) Act, 1996.
Address
II Date of commencement of work Estimated period of work: Month
Year
Date Month Year
Estimated cost of work (original) Advance Cess/Deduction at
source Date of Assessment Order
Amount of Cess assessed
III Modification to the original estimates Reason
Revised date of completion/date of
stoppage
Actual cost estimates Actual cost
incurred
Whether work is being handed over Yes/No.
to any other person/agency for
completion.
If yes, Name/Address of such Signature of employer
person/agency Name of Employer
Date
TO BE USED BY ASSESSING OFFICER
Date of revision of assessment
Amount of cess after revision
Cess already received Cess to be recovered
Cess to be refunded, if any Reference to Board for refund;
Date/number
Signature
Designation
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