The Buildings And Other Construction Workers (Regulation Of Employment And Conditions Of Service) Act, 1996. ACT NO. 27 OF 1996 [ 19th August, 1996].

  1. Short title extent commencement and application.
    (1) This Act may be called the Building and Other Construction Workers (Regulation of
    Employment and Conditions of Service) Act, 1996.
    (2) It extends to the whole of India.
    (3) It shall be deemed to have come into force on the 1st day of March 1996.
    (4) It applies to every establishment that employs or had employed on any day of the
    preceding twelve months, ten or more building workers in any building or other
    construction work.
    Explanation.- For this sub-section, the building workers employed in
    Different relays in a day by the employer or the contractor shall be considered when computing the number of building workers employed in the establishment.
  2. Definitions.
    (1) In this Act, unless the context otherwise requires,-
    (a) “Appropriate government” means,-
    (i) about an establishment (which employs building workers either directly or
    through a contractor) in respect of which the appropriate Government under the
    Industrial Disputes Act, 1947 (14 of 1947 ), is the Central Government, the Central
    Government;
    (ii) about any such establishment, being a public sector undertaking, as the
    Central Government may by notification specify which employs building workers either
    directly or through a contractor, the Central Government; Explanation.- For the
    purposes of sub-clause (ii),” public sector undertaking” means any corporation
    established by or under any Central, State or Provincial Act or a Government company
    as defined in section 617 of the Companies Act 1956 (1 of 1956 ), which is owned,
    controlled or managed by the Central Government;
    (iii) about any other establishment which employs building workers either
    directly or through a contractor, the Government of the State in which that other
    the establishment is situated;
    (b) ” beneficiary” means a building worker registered under section 12;
    (c) ” Board” means a Building and Other Construction Workers Welfare Board
    constituted under sub-section (1) of section 18;
    (d) ” building or other construction work” means the construction, alteration, repairs,
    maintenance or demolition, of or, about, buildings, streets, roads, railways,
    tramways, airfields, irrigation, drainage, embankment and navigation works, flood
    control works (including stormwater drainage works), generation, transmission and
    distribution of power, water works (including channels for distribution of water), oil and
    gas installations, electric lines, wireless, radio, television, telephone, telegraph and
    overseas communications, dams, canals, reservoirs, watercourses, tunnels, bridges,
    viaducts, aqueducts, pipelines, towers, cooling towers, transmission towers and such
    other work as may be specified on 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 because 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”, about an establishment, means the owner thereof, and includes,-
    (i) about A building or other construction work carried on by or under the
    authority of any department of the Government, directly without any contractor, the
    authority specified on this behalf, or where no authority is specified, the head of the
    department;
    (ii) about a building or other construction work carried on by or on behalf of a
    local authority or other establishment directly without any contractor, the chief
    executive officer of that authority or establishment;
    (iii) about 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 who or who employ building workers in any building or other
    construction work; and includes an establishment belonging to a contractor, but does
    not include an individual who employs such workers in any building or construction
    work about his 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
    The board is constituted under sub-section (1) of section 24;
    (l) ” notification” means a notification published in the Official Gazette;
    (m) ” prescribed” means prescribed by rules made under this Act by the Central
    Government or, as the case may be, the State Government;
    (n) ” wages” shall have the same meaning as assigned to it in clause (vi) of section 2 of
    the Payment of Wages Act, 1936 (4 of 1936 ).
    (2) Any reference in this Act to any law which is not in force in any area shall, in relation
    to that area, be construed as a reference to the corresponding law, if any, in force in that
    area. CHAP THE ADVISORY COMMITTEES AND EXPERT COMMITTEES CHAPTER
    II THE ADVISORY COMMITTEES AND EXPERT COMMITTEES
  3. Central Advisory Committee.
    (1) The Central Government shall, as soon as may be, constitute a Committee to be
    called the Central Building and Other Construction Workers’ Advisory Committee
    (hereinafter referred to as the Central Advisory Committee) to advise the Central
    Government on such matters arising out of the administration of this Act as may be
    referred to it.
    (2) The Central Advisory Committee shall consist of-
    (a) a Chairperson to be appointed by the Central Government;
    (b) three Members of Parliament of whom two shall be elected by the House of the
    People and one by the Council of States- members;
    (c) the Director- General- member, ex officio;
    (d) such number of other members, not exceeding thirteen but not less than nine, as the
    Central Government may nominate to represent the employers, building workers,
    associations of architects, engineers, accident insurance institutions and any other
    interests which, in the opinion of the Central Government, ought to be represented on
    the Central Advisory Committee.
    (3) The number of persons to be appointed as members from each of the categories
    specified in clause (d) of sub-section (2), the term of office and other conditions of
    service of, the procedure to be followed in the discharge of their functions by, and the
    manner of filling vacancies among, the members of the Central Advisory Committee
    shall be such as may be prescribed: Provided that the members nominated to represent
    the building workers shall not be less than the number of members nominated to
    represent the employers.
    (4) It is hereby declared that the office of a member of the Central Advisory Committee
    shall not disqualify its holder for being chosen as, or for being, a Member of either
    House of Parliament.
  4. State Advisory Committee.
    (1) The State Government shall constitute a committee to be called the State Building
    and Other Construction Workers’ Advisory Committee (hereinafter referred to as the
    State Advisory Committee) to advise the State Government on such matters arising out
    of the administration of this act as may be referred to it.
    (2) The State Advisory Committee shall consist of-
    (a) a Chairperson to be appointed by the State Government;
    (b) two members of the State Legislature to be elected from the State Legislature
    members;
    (c) a member to be nominated by the Central Government;
    (d) the Chief Inspector- member, ex officio;
    (e) such number of other members, not exceeding eleven” but not less than seven, as the
    State Government may nominate to represent the employers, building workers,
    associations of architects, engineers, accident insurance institutions and any other
    interests which, in the opinion of the State Government, ought to be represented on the
    State Advisory Committee.
    (3) The number of persons to be appointed as members from each of the categories
    specified in clause (e) of sub-section (2), the term of office and other conditions of
    service of, the procedure to be followed in the discharge of their functions by, and the
    manner of filling vacancies among, the members of the State Advisory Committee shall be
    such as may be prescribed: Provided that the number of members nominated to
    represent the building workers shall not be less than the number of members nominated
    to represent the employers.
  5. Expert Committees.
    (1) The appropriate Government may constitute one or more expert committees
    consisting of persons specially qualified in building or other construction work for
    advise the government to make rules under this Act.
    (2) The members of the export committee shall be paid such fees and allowances for
    attending the meetings of the committee as may be prescribed: Provided that no fee or
    allowances shall be payable to a member who is an officer of Government or of any body
    corporate established by or under any law for the time being in force. CHAP
    REGISTRATION OF ESTABLISHMENTS CHAPTER III REGISTRATION OF
    ESTABLISHMENTS
  6. Appointment of registering officers. The appropriate Government may, by order
    notified in the Official Gazette,-
    (a) appoint such persons, being Gazetted Officers of Government, as it thinks fit, to be
    the registering officers for this Act; and
    (b) define the limits within which a registering officer shall exercise the powers
    conferred on him by or under this Act.
  7. Registration of establishments.
    (1) Every employer shall,-
    (a) about an establishment to which this Act applies on its commencement,
    within sixty days from such commencement; and
    (b) about any other establishment to which this Act may be applicable at any
    time after such commencement, within sixty days from the date on which
    this Act becomes applicable to such establishment, make an application to the
    registering officer for the registration of such establishment: Provided that the
    registering officer may entertain any such application after the expiry of the periods
    aforesaid, if he is satisfied that the applicant was prevented by sufficient cause from
    making the application within such a period.
    (2) Every application under sub-section (1) shall be in such form and shall contain such
    particulars and shall be accompanied by such fees as may be prescribed.
    (3) After the receipt of an application under sub-section (1), the registering officer shall
    register the establishment and issue a certificate of registration to the employer thereof
    in such form and within such time and subject to such conditions as may be prescribed.
    (4) Where, after the registration of an establishment under this section, any change
    occurs in the ownership or management or other prescribed particulars in respect of
    such establishment, the particulars regarding such change shall be intimated by the
    employer to the registering officer within thirty days of such change in such form as may
    be prescribed.
  8. Revocation of registration in certain cases. If the registering officer is satisfied, either
    on a reference made to him in this behalf or otherwise, that the registration of any
    establishment has been obtained by misrepresentation or suppression of any material
    fact or that the provisions of this Act are not being complied with about 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 for the employer of the establishment to be heard, and 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
    the officer who shall be a person nominated on 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 to be 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 an order of revocation
    under section 9 within the period prescribed for the preferring of such appeal or where
    an appeal has been so preferred, such appeal has been dismissed, employ building
    workers in the establishment after the expiry of the period referred to in clause (a) or
    clause (b) of sub-section (1) of section 7, or after the revocation of registration
    under section 8 or after the expiry of the period for preferring an appeal under section 9
    or after the dismissal of the appeal, as the case may be. CHAP REGISTRATION OF
    BUILDING WORKERS AS BENEFICIARIES CHAPTER IV REGISTRATION OF
    BUILDING WORKERS AS BENEFICIARIES
  11. Beneficiaries of the Fund. Subject to the provisions of this Act, every building worker
    registered as a beneficiary under this Act shall be entitled to the benefits provided by the
    Board from its Fund under this Act.
  12. Registration of building workers as beneficiaries.
    (1) Every building worker who has completed eighteen years of age, but has not
    completed sixty years of age, and who has been engaged in any building or other
    construction work for not less than ninety days during the preceding twelve months
    shall be eligible for registration as a beneficiary under this Act.
    (2) An application for registration shall be made in such form, as may be prescribed, to
    the officer authorised by the Board on this behalf.
    (3) Every application under sub-section (2) shall be accompanied by such documents
    together with such fee not exceeding fifty rupees as may be prescribed.
    (4) If the officer authorised by the Board under sub-section (2) is satisfied that the
    the applicant has complied with the provisions of this Act and the rules made thereunder,
    he shall register the name of the building worker as a beneficiary under this Act:
    Provided that an application for registration shall not be rejected without giving the
    applicant an opportunity to be 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 on 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 on 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 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 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 ninety days under this subsection, 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
    the course of his employment.
    (2) Notwithstanding anything contained in sub-section (1), if a person had been a
    beneficiary for at least three years continuously immediately before attaining the age of
    sixty years, he shall be eligible to get such benefits as may be prescribed. Explanation.-
    For computing, three years as a beneficiary with a Board under this subsection shall be added to 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 on 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 nonpayment of contribution. When a beneficiary has not paid his
    contribution under sub- 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 the building
    the worker shall stand restored. CHAP BUILDING AND OTHER CONSTRUCTION
    WORKERS’ WELFARE BOARDS CHAPTER V BUILDING AND OTHER
    CONSTRUCTION WORKERS’ WELFARE BOARDS
  18. Constitution of State Welfare Boards.
    (1) Every State Government shall, with effect from such date as it may, by notification,
    appoint, constitute a Board to be known as the (name of the State) Building and Other
    Construction Workers Welfare Board to exercise the powers conferred on, and perform
    the functions assigned to, it under this Act.
    (2) The Board shall be a body corporate by the name aforesaid, having perpetual
    succession and a common seal and shall by the said name sue and be sued.
    (3) The Board shall consist of a chairperson, a person to be nominated by the Central
    Government and such number of other members, not exceeding fifteen, as may be
    appointed to it by the State Government: Provided that the Board shall include an equal
    number of members representing the State Government, the employers and the building
    workers and that at least one member of the Board shall be a woman.
    (4) The terms and conditions of appointment and the salaries and other allowances
    payable to the chairperson and the other members of the Board, and the
    manner of filling of casual vacancies of the members of the Board shall be such as may
    be prescribed.
  19. Secretary and of Boards.
    (1) The Board shall appoint a Secretary and such other officers and employees as it
    considers necessary for the efficient discharge of its functions under this Act.
    (2) The Secretary of the Board shall be its chief executive officer.
    (3) The terms and conditions of appointment and the salary and allowances payable to
    the Secretary and the other officers and employees of the Board shall be such as may be
    prescribed.
  20. Meetings of Boards.
    (1) The Board shall meet at such time and place and observe such rules of procedure in
    regard to the transaction of business at its meetings (including the quorum at such
    meetings) as may be prescribed.
    (2) The chairperson or, if for any reason he is unable to attend a meeting of the Board,
    any member nominated by the chairperson on this behalf and the absence of such
    nomination, any other member elected by the members present from amongst
    themselves at the meeting, shall preside.
    (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 because 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 the 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 the Group Insurance Scheme of the
    beneficiaries as it may deem fit;
    (e) give such financial assistance for the education of children of the beneficiaries as
    may be prescribed;
    (f) meet such medical expenses for treatment of major ailments of a beneficiary or, such
    dependant, as may be prescribed;
    (g) make payment of maternity benefits 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 a 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
    the welfare of building workers in any establishment.
    (3) The Board may pay annual grants-in-aid to a local authority or 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 on 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 on this behalf.
  23. Grants and loans by the Central Government. The Central Government may, after
    due appropriation made by Parliament by law on this behalf, make to a Board grants and
    loans of such sums of money as the Government may consider necessary.
  24. Building and Other Construction Worker’s Welfare Fund and its application.
    (1) There shall be constituted by a Board a fund to be called the Building and Other
    Construction Workers Welfare Fund and there shall be credited to it-
    (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 expenditures of the Board and forward the same to the State Government
    and the Central Government.
    Annual report.
  26. Annual report. The Board shall prepare, in such form and at such time each financial
    year as may be prescribed, its annual report, giving a full account of its activities during
    the previous financial year, and submit a copy thereof to the State Government and the
    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 audits as
    the Comptroller and Auditor-General of India has in connection with the auditing of the
    Government accounts, in particular, shall have the right to demand the production
    of books, accounts, connected vouchers and other documents and papers and to inspect
    any of the offices of the Board under this Act.
    (3) The accounts of the Board shall be audited by the Comptroller and Auditor- General
    of India annually and any expenditure incurred in connection with such audit shall be
    payable by the Board to the Comptroller and Auditor-General of India.
    (4) The Board shall furnish to the State Government before such date as may be
    prescribed its audited copy of accounts together with the auditor’s report.
    (5) The State Government shall cause the annual report and auditor’s report to be laid,
    as soon as may be after they are received, before the State Legislature. CHAP HOURS
    OF WORK, WELFARE MEASURES AND OTHER CONDITIONS OF SERVICE OF
    BUILDING WORKERS CHAPTER VI HOURS OF WORK, WELFARE MEASURES AND
    OTHER CONDITIONS OF SERVICE OF BUILDING WORKERS
  28. Fixing hours for normal working days, 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, about the following classes of building
    workers, apply only to such extent, and subject to such conditions, as may be prescribed,
    namely:-
    (a) persons engaged in urgent work, or in any emergency that could not have been
    foreseen or prevented;
    (b) persons engaged in a work like preparatory or complementary work
    which must necessarily be carried on outside the normal hours of work laid down in the
    rules;
    (c) persons engaged in any work which for technical reasons has to be completed before
    the day is over;
    (d) persons engaged in a work which could not be carried on except at times dependant
    on the irregular action of natural forces.
  29. Wages for overtime work.
    (1) Where any building worker is required to work on any day over 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 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 prescribes the manner
    in which entries shall be made and authenticated in such wage books or wage slips by
    the employer or his agent.
  31. Prohibition of employment of certain persons in certain buildings or other
    construction work. No person about whom the employer knows or has reason to believe
    that he is deaf or he has a defective vision or he has a tendency to giddiness shall be
    required or allowed to work in any such operation of building or other construction
    work which is likely to involve a risk of any accident either to the building worker
    himself or to any other person.
  32. Drinking water.
    (1) The employer shall make in every place where building or other construction work is
    in progress, effective arrangements to provide and maintain at suitable points
    conveniently situated for all persons employed therein, a sufficient supply of wholesome
    drinking water.
    (2) All such points shall be legibly marked” Drinking Water” in a language understood
    by a majority of the persons employed in such place and no such point shall be situated
    within six metres of any washing place, urinal or latrine.
  33. Latrines and urinals. In every place where building or other construction work is
    carried on, the employer shall provide sufficient latrine and urinal accommodation of
    such types as may be prescribed and they shall be so conveniently situated as may be
    accessible to the building workers at all times while they are in such place: Provided that
    it shall not be necessary to provide separate urinals in any place where less than fifty
    persons are employed or where the latrines are connected to a water-borne sewage
    system.
  34. Accommodation.
    (1) The employer shall provide, free of charge and within the work site or as near to it
    as may be possible, temporary living accommodation for all building workers employed
    by him for such a 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 to provide living accommodation, a cooking place or
    other facilities to the building workers as required under subsection (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 to provide 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 out on such first-aid facilities as may be prescribed.
  37. Canteens, etc. The appropriate Government may, by rules, require the employer-
    (a) to provide and maintain in every place wherein not less than two hundred and fifty
    building workers are ordinarily employed, a canteen for the use of the workers;
    (b) to provide such other welfare measures for the benefit of building workers as may be
    prescribed. CHAP SAFETY AND HEALTH MEASURES CHAPTER VII SAFETY AND
    HEALTH MEASURES
  38. Safety Committee and safety officers.
    (1) In every establishment wherein five hundred or more building workers are ordinarily
    employed, the employer shall constitute a Safety Committee consisting of such number
    of representatives of the employer and the building workers as may be prescribed by the
    State Government: Provided that the number of persons representing the workers, shall,
    in no case, be less than the persons representing the employer.
    (2) In every establishment referred to in subsection (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 because of which the person injured is prevented from working for a
    period of forty-forty-eight hours or more immediately following the accident, or which is of
    such a nature as may be prescribed, the employer shall give notice thereof to such
    authority, in such form and within such time as may be prescribed.
    (2) On receipt of a notice under subsection (1) the authority referred to in that
    subsection may make such investigation or inquiry as it considers necessary.
    (3) Where a notice given under subsection (1) relates to an accident causing the death of
    five or more persons, the authority shall make an inquiry into such accident within one
    month of the receipt of the notice.
  40. Power of appropriate Government to make rules for the safety and health of
    buildings workers.
    (1) The appropriate Government may, by notification, make rules regarding the
    measures to be taken for the safety and health of building workers in the course of their
    employment and the equipment and appliances necessary to be provided to them for
    ensuring their safety, health and protection, during such employment.
    (2) In particular, and without prejudice to the generality of the foregoing power, such
    rules may provide for all or any of the following matters, namely:-
    (a) the safe means of access to, and the safety of, any working place, including the
    provision of suitable and sufficient scaffolding at various stages when work cannot be
    safely done from the ground or any part of a building or 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 explosives 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 the 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
    a place where raising or lowering operations with the use of hoists, lifting appliances or
    lifting gears are in progress and 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 in every working place or confined
    space;
    (h) the measures to be taken during stacking or unstacking, stowing or unstowing of
    materials or goods or handling in connection therewith;
    (i) the safeguarding of machinery including the fencing of every fly- Wheel and every
    moving part of a prime mover and every part of transmission or other machinery, unless
    it is in such a position or of such construction as to be safe for every worker working on
    any of the operations and as if it were securely fenced;
    (j) the safe handling and use of the plant, including tools and equipment operated by
    compressed air;
    (k) the precautions to be taken in case of fire;
    (l) the limits of weight to be lifted or moved by workers;
    (m) the safe transport of workers to or from any workplace by water and the 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 about scaffolding, ladders and stairs, lifting
    appliances, ropes, chains and accessories, earth-moving equipment and floating
    operational equipments;
    (q) the precautions to be taken about pile driving, concrete work, work with hot
    asphalt, tar or other similar things, insulation work, demolition operations, excavation,
    underground construction and handling materials;
    (r) the safety policy, that is to say, a policy relating to steps to be taken to ensure the
    safety and health of the building workers, the administrative arrangements therefor and
    the matters connected therewith, to be framed by the employers and contractors for the
    the operation to be carried on in a building or other construction work;
    (s) the information to be furnished to the Bureau of Indian Standards established under
    the Bureau of Indian Standards Act, 1986 (63 of 1986 ), regarding the use of any article
    or process covered under the Act in a 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, conforms to such model rules. CHAP INSPECTING
    STAFF CHAPTER VIII INSPECTING STAFF
  42. Appointment of director-general, Chief Inspector and Inspectors.
    (1) The Central Government may, by notification, appoint a Gazetted Officer for that
    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 about all the establishments for which the Central
    The government is the appropriate Government.
    (2) The State Government may, by notification, appoint a Gazetted Officer for that
    Government to be the Chief Inspector of Inspection of Building and Construction who
    shall also exercise the powers of an Inspector under this Act throughout the State in
    relation to establishments for which the State Government is the appropriate
    Government.
    (3) The appropriate Government may, by notification, appoint such a number of its
    officers as it thinks fit to be Inspectors for this Act and may be assigned to
    them such local limits as it may think fit.
    (4) Every Inspector appointed under this section shall be subject to the control of the
    Director-General or the Chief Inspector, as the case may be, and shall exercise his
    powers and perform his functions under this Act subject to general control and
    supervision of the Director-General or the Chief inspector.
    (5) The Director- General, the Chief Inspector and every Inspector shall be deemed to be
    public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860 ).
  43. Power of Inspectors.
    (1) Subject to any rules made in this behalf, an Inspector may, within the local limits for
    which he is appointed,-
    (a) enter, at all reasonable hours, with such assistants (if any) being persons in the
    service of the Government or any local or other public authority as he thinks fit, any
    premises or place where building or other construction work is carried on, for the
    purpose of examining any register or record or notices required to be kept or exhibited
    by or under this Act, and require the production thereof for inspection;
    (b) examine any person whom he finds in any such premises or place and who, he has
    reasonable cause to believe is a building worker employed therein;
    (c) require any person giving out building or other construction work to any building
    worker, to give any information which is in his power to give concerning the names
    and addresses of the persons to, for and for whom the building or other construction work
    is given out or received, and concerning 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 other powers as may be prescribed.
    (2) For 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.
    (3) any person required to produce any document or to give my 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
    maybe, 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 94 of the
    said Code. CHAP SPECIAL PROVISIONS 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 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 the 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
    a 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 to the provisions of the Workmen’s 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 by 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 buildings 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. CHAP PENALTIES AND PROCEDURE 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 such contravention.
    (2) If any person who has been convicted of any offence punishable under subsection (1)
    is again guilty of an offence involving a contravention or failure of compliance with the
    same provision, he shall be punishable on a subsequent conviction with imprisonment
    for a term that may extend to six months or with a fine which shall not be less than five
    hundred rupees but which may extend to two thousand rupees or with both: Provided
    that for 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 exceptional circumstances are warranting such a course,
    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 a fine which may”
    tend 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 a 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 a fine which may extend to one thousand rupees for every such
    contravention or 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 to make 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) receiving evidence on affidavits; and
    (e) issuing commissions for the examination of witnesses 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 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. 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, 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 confirm, modify or reverse 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
    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 had 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 of the
    part of any director, manager, secretary or other officer of the company, such 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”, about 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 ).
    (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the
    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 DirectorGeneral, the Chief Inspector, an office-bearer of a voluntary Organisation or, as the case
    maybe, an office-bearer of any concerned trade union. CHAP MISCELLANEOUS
    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 Workmen’s
    Compensation Act, 1923, shall so far as may be, apply to building workers as if the
    employment to which this Act applies had 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 Government to give direction. The Central Government may give
    directions to the Government of any State or 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 to 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, and 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
    therefore and the particulars it may contain under sub-section (2) of section 7;
    (d) the form of a 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 subsection
    (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 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 subsection (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
    clause (b) of sub-section (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 the 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 the annual statement of accounts under sub-section (1), and the date before
    which the audited copy of the accounts together with the auditor’s 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 up to which, and the conditions subject to which, the provisions of that
    subsection 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 how
    entries are to be made and authenticated in wage books or wage slips under sub-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 the qualifications of safety officers and the duties to be
    performed by them under sub-section (2) of that section;
    (ZB) the form of a notice of accident, other matters to be provided on this behalf and the
    time within which such notice shall be given under sub-section (1) of section 39;
    (zc) the rules to be made for the safety and health of building workers under section 40;
    (zd) the powers that may be exercised by an Inspector under clause (e) of subsection (1)
    of section 43 and the qualifications and experience that the experts or agencies
    employed under sub-section (2) of that section shall possess 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 subsection (1) of
    section 46;
    (zg) any other matter which is required to be, or maybe, prescribed.
    (3) Every rule made by the Central Government under this Act shall be laid, as soon as
    maybe 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 of one session or two or more
    successive session, and if, before the expiry of the session immediately following the
    session or the successive session aforesaid, both Houses agree to make 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
    maybe 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 (Ord. 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. K. L. MOHANPURIA, Secy. to the Govt. of India.

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