The Building and Other Construction Workers (Regulation of Employment and Conditions of Services) Act, 1996/ Universal Law Publishing

THE BUILDING AND OTHER CONSTRUCTION
WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996
Introduction 1
CHAPTER I
PRELIMINARY
Sections
1. Short title, extent, commencement and application 5
2. Definitions ^ 5
CHAPTER II
THE ADVISORY COMMITTEES AND EXPERT COMMITTEES
3. Central Advisory Committee 7 4. State Advisory Committee 8 5. Expert Committees 9
CHAPTER III
REGISTRATION OF ESTABLISHMENTS
6. Appointment of registering officers 9 7. Registration of establishments 9
8. Revocation of registration in certain cases 10 9. Appeal 10 10. Effect of non-registration 11
CHAPTER IV
REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES
11. Beneficiaries of the Fund 11 12. Registration of building workers as beneficiaries 11 13. Identity cards 12 14. Cessation as a beneficiary 12 15. Register of beneficiaries 12 16. Contribution of building workers 12 17. Effect of non-payment of contribution 13
CHAPTER V
BUILDING AND OTHER CONSTRUCTION WORKERS'
WELFARE BOARDS
18. Constitution of State Welfare Boards 13
19. Secretary and other officers of Boards 14 20. Meetings of Board . . 14 21. Vacancies, etc., not to invalidate proceedings of the Boards 14
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Functions of the Boards Grants and loans by the Central Government Building and Other Construction Workers' Welfare Fund and its application Budget
Annual report
Accounts and audit
CHAPTER VI
HOURS OF WORK, WELFARE MEASURES AND OTHER CONDITIONS OF SERVICE OF BUILDING WORKERS Fixing hours for normal working day, etc. Wages for overtime work Maintenance of registers and records Prohibition of employment of certain persons in certain building or other construction work
Drinking water Latrines and urinals Accommodation
Creches
First-aid
Canteens, etc.
CHAPTER VII SAFETY AND HEALTH MEASURES Safety Committee and safety officers Notice of certain accidents , t Power of appropriate Government to make rules for the safety and health of building workers Framing of model rules for safety measures CHAPTER VIII INSPECTING STAFF Appoinlmenl of Director-Goneral, Chiaf Inspector and Inspectors
Powers of Inspectors
CHAPTER IX SPECIAL PROVISIONS Responsibilit)' of employers Responsibility for payment of wages and ^ ^ NotL of commencement of building or other construct,on wor CHAPTER X penalties AND PROCEDURE Penalty for contravention of provisions regarding safety measures Penalty for failure to give notice of the wmmencement of the building or other construction wor
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49. Penalty for obstructions 25 50. Penalty for other offences ~ 25 51. Appeal 26 52. Recovery of penalty 27 53. Offences by companies 27 54. Cognizance of offences 28 55. Limitation of prosecutions 28
CHAPTER XI
MISCELLANEOUS
56. Delegation of powers 28 57. Returns ■ 28 58. Application of^Act 8 of 1923 to building workers 28 59. Protection of action taken in good faith 28 ^ 60. Power of Central Government to give directions 28
61. Power to remove difficulties 29
62. Power to make rules 29 63. Saving of certain laws 31 64. Repeal and saving 31
THE BUILDING AND OTHER CONSTRUCTION
WORKERS' (REGULATION OF EMPLOYMENT
AND CONDITIONS OF SERVICE) CENTRAL
RULES, 1998
PART 1
PRELIMINARY
CHAPTER I
Rules 1. Short title, application and commencement . . . 32
2. Definitions . . . 32
3. Interpretation of words not defined . . . 38 4. Savings . . . 38
CHAPTER II
RESPONSIBILITIES AND DUTIES OF EMPLOYERS, ARCHITECTS PROJECT ENGINEERS AND DESIGNERS, BUILDING WORKERS, ETC.
5. Duties and responsibilities of employers, employees and others. 38 6. Responsibilities of architects, project engineers and designers . 39 7. Responsibilities of the persons in the service of the State Government and the Board . . . 40
8. Duties and responsibilities of workers . . . 40 9. Exemption . . . 40

PART II
CENTRAL ADVISORY COMMITTEE, REGISTRATION OF
ESTABLISHMENTS
CHAPTER III
CENTRAL ADVISORY COMMITTEE
Constitution of Central Advisory Committee
Terms of Office
Resignations
Cessation of membership Disqualification for membership
Removal from membership
Manner, of filling vacancies
Staff of Central Advisory Committee
Allowances of members Disposal of business
Meetings Notice of meetings and list of business
Quorum
CHAPTER IV
REGISTRATION OF ESTABLISHMENTS Manner of making application for registration of establishments. Grant of certificate of registration Payment of additional fees and amendment of register etc Conditions of registration
Fees
CHAPTER V APPEALS, COPIES OF ORDERS, PAYMENT OF FEES, ETC. Filing of appeal before the appellate officer Failure to appear on the date of hearing Restoration of appeals Hearing of appeal Copy of order of registration or of order in appeal. Payment of fees
PART III
SAFETY AND HEALTH
CHAPTER VI
GENERAL PROVISIONS
Excessive noise, t^ibration, etc.
Fire protection Emergency action plans Fencing of motors, etc.

38. Lifting and carrying of excessive weight 49 39.'Health and safety policy 49 40. Dangerous and harmful environment 50 41. Overhead protection 50 42. Slipping, tripping, cutting, drowning and falling hazards . . ^ 51 43. Dust, gases, fumes, etc. 51 44. Corrosive substances 51 45. Eye protection 52 46. Head protection and other protective apparel 52 47. Electrical hazards 52
48. Vehicular traffic 53 49. Stability of structures 53 50. Illumination of passageways, etc. 53 51. Stacking of materials 53 52. Disposal of debris 53 53. Numbering and marking of floors 5454. Use of safety helmets and shoes
CHAPTER VII
LIFTING APPLIANCES AND GEAR
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55. Construction and maintenance of lifting appliances . 54 56. Test and periodical examination of lifting appliances. 55
57. Automatic safe load indicators 55
58. Installation . . . 56
59. Winches • . . 56
60. Buckets 57 61. Identification and marking of safe working load 57 62. Loading of lifting appliances and lifting gears 58 63. Operator's cab or cabin . . . 58 64. Operation of lifting appliances 58
65. Hoists 60 66. Fencing of and means of access to lifting appliances 62 67. Rigging of derricks 62 68. Securing of derrick foot 62
69. Construction and maintenance of lifting gear 62 70. Test and periodical examination of lifting gears 63
71. Ropes 63
72. Heat treatment of lifting gears 64 73. Certificate to be issued after actual testing and examination, etc. 65 74. Register of periodical test, examination and certificates thereof . 65 75. Vacuum and magnetic lifting gear 66 76. Knotting of chains and wire ropes 66
77. Carrying of persons by means of lifting appliances, etc. . 78. Hoists carrying persons
79 Attachment of loads
80. Tower Cranes 81. Qualification of operator of lifting winches and of signaller, etc.
CHAPTER VIII
RUNWAYS AND RAMPS 82. Use of runways and ramps by building worker
83. Use by vehicles
84. Slope of ramps
85. Use by wheelbarrows, etc. • . . .
CHAPTER IX
" WORK ON OR ADJACENT TO WATER
86. Transport by water
87. Prevention from drowning
chapter' X
TRANSPORT AND EARTH MOVING EQUIPMENT
88. Earth moving equipment and vehicles
89. Power shovels and excavators
90. Bulldozer
91. Scrapers 92. Mobile asphalt layers and finishers
Pavers
Road rollers
General safety
CHAPTER XI
CONCRETE WORK General provisions regarding use of concrete Preparation and pouring of concrete and erection of
concrete structures
Buckets
Pipes and pumps Mixing and pouring of concrete
101. Concrete panels and slabs 102. Stressed and tensioned elements
103. Vibrators 104. Inspection and supervision 105. Beams, floors and roofs 106. Stripping
107. Reshoring

CHAPTER XII
DEMOLITION 108. Preparation 78 109. Protecfion of adjacent structures 78
110. Demolition of walls, partitions, etc. 78 111. Method of operation 79
112. Access to floor 79
113. Demolition of structural steel 79 114. Storage of material or article 79 115. Floor openings 80 116. Inspection 80 117. Warning signs, barricades, etc. 80
118. Mechanical method of demolition 80
CHAPTER XIII
EXCAVATION AND TUNNELLING WORKS 119. Notification of intention to carry out excavation and tunnelling work 81 120. Project engineer 81 121. Responsible person 81
122. Warning signs and notices 82 123. Register of employment, etc. 82
124. Illumination 82
125. Stability of structure 82 126. Piling, shoring and bracing 83
127. Safe access 83
128. Trenches 83 129. Depth of trenches 84 130. Positioning and use of machinery 84 131. Breathing apparatus 84 132. Safety measures for tunnelling operation 84
133. Pneumatic tools 84
134. Shafts 84
135. Lift for shaft 85
136. Means of communication 85 137. Signals 85
138. Clearances 85
139. Shelters 86 140. Use of internal combustion engine 86 141. Inflammable oils • 86 142. Coupling and hoses 86
143. Hose installation 86 144. Fire resistant hoses 86
' 145. Flame proof equipment 86 146. Storing of oil and fuel underground 86 147. Use of gases underground 87 148. Water for fire-fighting 87
149. Flooding
150. Steel curtains
151. Rest shelters 152. Permissible limit of exposure of chemicals
153. Ventilation 154. Air supply intake point
155. Emergency generators
156. Air mains
157. Bulk head and air-locks
158. Diaphragms 159. Portable electrical hand tools
160. Circuit breaker
161. Transformer
162. Live wire
163. Welding sets 164. Quality and quantity of air
165. Working temperature 166. Man-locks and working in compressed air environment 167. Safety instruction
168. Medical lock
CHAPTER XIV CONSTRUCTION, REPAIR AND MAINTENANCE OF STEEP ROOF
169. Work on steep roofs 170. Construction and installation of roofing brackets 171. Crawling boards CHAPTER XV
LADDERS AND STEP-LADDERS
172. Construction and safe use
173. Rungs 174. Materials for ladders
CHAPTER XVI CATCH PLATFORM AND HOARDINGS, CHUTES, SAFETY BELTS AND NETS • 94 175. Catch platforms g^ 176. Hoardings 94 177. Chutes, its construction and use 178. Safety belt and its use

Safety net and its use Storage of safety belts and nets, etc.
CHAPTER XVII
STRUCTURAL FRAME AND FORMWORK
General provision
Formwork, false work and shoring Erection or dismantling of steel and prefabricated structure
Formwork
Deshoring
CHAPTER XVIII
STACKING AND UNSTACKING Stacking and unstacking of materials and articles Stacking of cement and other material bags
CHAPTER XIX
SCAFFOLD
Scaffold construction Supervision by a responsible person
Maintenance
Standards, ledger, putlogs Working platform Board, plank and decking
Repair of damaged scaffold
Opening
Guardrails Scaffold used by building workers of different employers Protection against electric power line
Screening net and wirenets
Tower scaffold Gear for suspension of scaffold
Trestle scaffold and cantilever scaffold
Scaffold supported by building Use of winches and climbers for suspended scaffold. Safety devices for suspended scaffold
CHAPTER XX
COFFERDAMS AND CAISSONS
General provisions
Pressure plant and equipment
CHAPTER XXI
SAFETY ORGANISATION
Safety Committees Safety Officer

210. Reporting of accidents 107 211. Procedure for enquiry into causes of accident or dangerous occurrence 108
CHAPTER XXII
EXPLOSIVES 212. Handling of explosives HO 213. Precautions HO
CHAPTER XXIIl
PILING 214. General provisions ^H 215. Stability of adjacent structure HI 216. Protectioxi of operator HI 217. Instrviction to and supervision of building workers on a pile-driving equipment 218. Entry of unauthorised person 219. Inspection and maintenance of pile-driving equipment 220. Operation of pile-driving equipment 221. Working platform on piling frames
222. Pile testing
CHAPTER XXIV
MEDICAL FACILITIES
223. Medical examination of building workers, etc. 224. Duties of construction medical officers 225. Occupational health centres
226. Ambulance room
227. Ambulance van
228. Stretchers 229. Occupational health services for the building workers 230. Notice of poisoning or occupational diseases
231. First-aid boxes 232. Emergency care services or emergency treatment CHAPTER XXV INFORMATION TO BUREAU OF INDIAN STANDARDS 233. Furnishing of information to Bureau of Indian Standards PART IV HOURS OF WORK, WELFARE, PAYMENT OF WAGES, REGISTERS AND RECORDS, ETC.
CHAPTER XXVI hours of work, rest intervals AND WEEKLY OFF, ETC. 234. Hours of work, intervals of rest and spread over, etc. . 235. Weekly rest, payment for work done on the day o rest at overtime rate, etc.
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236. Night shifts 237. Application of provisions of this Chapter to certain classes of building workers
CHAPTER XXVIl
NOTICES, REGISTERS, RECORDS AND COLLECTION OF/
STATISTICS
Notice of wages periods, etc.
Notice of commencement and completion Register of persons employed as building workers . Muster-roll, wages register, deduction register, overtime register and issue of wage books and service certificates .
Returns
" CHAPTER XXVIIl
WELFARE OF BUILDING WORKERS
Latrine and urinal accommodation
Canteens
Foodstuff to be served in the canteen Serving of tea and snacks at the workplaces Charges of foodstuff
CHAPTER XXIX
WAGES
Payment of wages Display of notices of wage regarding date of payment of wages
PART V
MISCELLANEOUS PROVISIONS
CHAPTER XXX
POWERS OF DIRECTOR GENERAL AND INSPECTORS
250. Power to engage experts, agencies
251. Powers of Inspectors
252. Prohibition order
Manner of test and examination before taking lifting appliance, lifting gear and wire rope into
use for the first time Notifiable Occupational Diseases in Building and other Construction Work
Contents of a First-aid Box
Articles for ambulance room
Contents of Ambulance Van or Carriage.
SCHEDULE VI.— Permissible Exposure in cases of Continuous Noise SCHEDULE VII.— Periodicity of Medical Examination of Building Workers
SCHEDULE VIll.— Number of Safety Officers, Qualification, Duties, etc.

SCHEDULE IX.— Hazardous process
SCHEDULE X.— Services and facilities to be provided in occupational health centres
SCHEDULE XI.— Qualification of construction medical officer
SCHEDULE XII.— Permissible levels of certain chemical /
substances in the work environment
FORM I.— Application for registration of establishments employing building workers
FORM II.— Certificate of Registration . . . FORM III.— Register of Establishments FORM IV.— Notice of Commencement/Completion of Building or other Construction Work
FORM V.—Certificate of Initial and Periodical Test and Examination of Winches, Derricks and their Accessory Gear
form VI. Certificate of Initial and Periodical Test and Examination of Cranes or Hoists and their Accessory Gear .
FORM VII. Certificate of Initial and Periodical Test and Examination of Loose Gears
FORM VIII.— Certificate of Test and Examination of Wirerope Before being taken into use . . . FORM IX.— Certificate of Annealing of Loose Gears . FORM X. Certificate of Annual Thorough Examination of Loose Gears Exempted from Annealing . FORM XI.— Certificate of Medical Examination FORM XIL— Health Register ! . " " FORM XIII.— Notice of Poisoning or Occupational Notifiable Diseases FORM XIV.— Report of Accidents and Dangerous Occurrences FORM XV.— Register of Building Workers Employed by the Employer
FORM XVI.— Muster-Roll FORM XVII.— Register of Wages FORM XVIII.—Form of Register of Wages-cum-Muster-RolI FORM XIX.— Register of Deductions for Damage or Loss FORM XX.— Register of Fines form XXI.— Register of Advances form XXII.— Register of Overtime form XXIII.—Wage Book form XXIV.—Service Certificate form XXV.— Annual Return of Employer to be sent to the Registering Officer form XXVI.—Register of Periodical Test—Examination of Lifting Appliance and Gears etc.

* THE BUILDING AND OTHER CONSTRUCTION
WORKERS' WELFARE CESS ACT, 1996
Introduction
Sections /
1. Short title, extent and commencement
2. Definitions 3. Levy and collection of cess 4. Furnishing of returns
5. Assessment of cess
6. Power to exempt
7. Power of entry 8. Interest payable on delay in payment of cess 9. Penalty for non-payment of cess within the specified time 10. Recovery of amount due under the Act 11. Appeals
12. Penalty
13. Offences by companies
14. Power to make rules
15. Repeal and saving


THE BUILDING AND OTHER CONSTRUCTION WORKERS' WELFARE CESS RULES, 1998
Rules
1. Short title and commencement
2. Definitions
3. Levy of cess
4. Time and manner of collection 5. Transfer of the proceeds of the cess to the Board . 6. Information to be furnished by the employer
7. Assessment
8. Return of overpaid cess
9. Exemption 10. Powers of Assessing Officer and other officers 11. Date of payment 12. Penalty for non-payment
13. Revovery of overdue amount
14. Appeal • 15. Filing of complaints FORM I.—[Format of information to be furnished for Assessment— See rule 71 FORM 11.—Notice of stoppage or Reduction of work