THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996

AIMS AND OBJECTIVES

The Law aims to provide for regulation of employment & conditions of service of the building and other construction workers as also their S,H &W measures in every establishment which employs or employed during the preceding year ten or more workers. The exception made is only in respect of residential houses for own purpose constructed with a cost not exceeding Rs. 10 lakh and such other activities to which the provisions of Factories Act, 1948 and Mines Act, 1952 apply.

CONTENTS

BOCW ACT,1996 ( Total XI CHAPTERS & 64 SECTIONS)

Chapter 1 PRELIMINARY

Sections
Short title, extent, commencement and application Definitions

DEFINITIONS
1. Short title, commencement and application: It extends to whole of India. It applies to every establishment which employs, or had employed on any day of the preceding twelve months, ten or more building workers employed in any building or other construction work. 2. Definitions: (1) In this Act, unless the text otherwise requires,(a) appropriate Government means, (i) in relation to an establishment (which employs building workers either directly or through a contractor) in respect of which the Government under ID Act,1947 is the Central Government, the Central Govt.;

DEFINITIONS
(ii) in relation to any such establishment, being a public sector undertaking, as the Central Government may by notification specify which employs building workers either directly or through a contractor, the Central Govt.; (iii) in relation to any other establishment which employs building workers either directly or through contractor, the Government of the State in which, that other establishment is situated; (d) building or other construction work means the construction, alteration, repairs, maintenance, or demolition, of or in relation to, buildings, streets ---- and other such 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 or the Mines Act, 1952 apply.

DEFINATIONS
(e) building worker means a person who is employed to do any skilled, semiskilled 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 managerial or administrative capacity; or (ii) who, being employed in 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 managerial nature;

DEFINATIONS
(g) Contractor means a person who undertake 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; (i) employer, in relation to an establishment, means the owner thereof, and includes,(i) in relation to a bocw carried on by or under the authority of any department of the Government, directly without any contractor, the authority specified in this behalf, or where no authority is specified the head of the department;

DEFINATIONS
(ii) in relation to a bocw carried on by or on behalf of a local authority or other establishment, directly without any contractor, the CEO of that authority or establishment; (iii) in relation to a bocw carried on by or through a contractor, or by the employment of building workers supplied by a contractor, the contractor;

DEFINATIONS
(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 construction work in relation to his own residence the total cost of such construction not being more than ten lakhs;

THE ADVISORY COMMITTEES AND EXPERT COMMITTEES

Sections
Central Advisory Committee State Advisory Committee Expert Committees

BOCW Act Chap II Central Advisory Committee Sec. 3

(1) The Central Govt. 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 Central Govt.; (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 member of other members, not exceeding 13 but not less than 9, as the Central Govt. may nominate to present the employers, building workers, association of architects, engineers, accident insurance and any other interests ought to be represented on the

committee

REGISTRATION OF ESTABLISHMENTS

Sections
Appointment of registering officers Registration of establishments Revocation of registration in certain cases Appeal Effect of non-registration

REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES

Beneficiaries of the Fund Registration of building workers as beneficiaries Identity cards Cessation as a beneficiary Register of beneficiaries Contribution of building workers Effect of non-payment of contribution

BOCW Act - contd

Sec.11 Beneficiaries of the Fund: Subject to the provisions of this Act, every building worker registered as beneficiary under this Act shall be entitled to the benefits provided by the Board from its Fund. Sec. 12 Registration of building workers as beneficiaries : (1) Every building worker who has completed eighteen years of age, and who 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. Sec. 18 Constitution of State Welfare Boards: (1) Every State Government shall, w.e.f. such date as it may, by notification, appoint, constitute a Board to be known as .BOCWs Welfare Board to exercise the powers conferred on, and perform the functions assigned to, it under this Act.

Chapter V BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARDS

Sections Constitution of State Welfare Boards Secretary and other officers of Boards Meetings of Board Vacancies, etc., not to invalidate proceedings of the Boards Grants and loans by the Central Government Buildings and Other Construction Workers Welfare Fund and its application Budget Annual report Accounts and audit

Functions of the Board

Provision for immediate assistance in case of;
Accidents, Old age pension, Loans for construction of house, Premium for group insurance, Financial assistance for education, To meet medical expenses, Maternity benefits etc.

Chapter VI
HOURS OF WORK, WELFARE MEASURES AND OTHER CONDITIONS OF SERVICE OF BUILDING WORKERS
Sections 28. Fixing hours for normal working day, etc. 29. Wages for overtime work 30. Maintenance of registers and records 31. Prohibition of employment of certain persons in any such operation which is likely to involve a risk 32. Drinking water 33. Latrines and urinals 34. Accommodation 35. Crches 36. First-aid 37. Canteens, etc. Page 12 13 13 13 13 13 14 14 14 14

Chapter VII SAFETY AND HEALTH MEASURES

Sections 38. Safety Committee and safety officers 39. Notice of certain accidents 40. Power of appropriate Government to make rules for the safety and health of building workers 41. Framing of model rules for safety measures Page 15 15 15 17

Chapter VIII INSPECTING STAFF

Sections 42. Appointment of Director General, Chief Inspector and Inspectors 43. Powers of Inspectors Page 17 18

BOCW Act Sec 42.Appointment of Director General, Chief Inspector and Inspectors:
(1) The Central Govt. may, by notification, appoint a Gazette Officer of that Govt. 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 establishments for which the Central Govt. is the appropriate Govt. (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 provision of this Act in the State and shall also exercise the powers of an Inspector under this Act throughout the state

BOCW Act Sec 42.Appointment of Director General, Chief Inspector and Inspectors:
(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 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 under the Chief Inspector or DG. (5) The Director General, the Chief Inspector and every Inspector shall be deemed to be public servant within the meaning of section 21 (45 0f 1860) of the Indian Penal Code.

Special Provisions
Sec. 44. Responsibility of Employers: An employer shall be responsible for providing constant and adequate supervision of any bocw in his establishment as to ensure compliance with the provisions of this Act relating to safety and for taking practical steps necessary to prevent accidents. Sec. 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 in pursuance to this Act or any rule or order made thereunder Sec. 62. Power to make Rules: (1) The appropriate Govt. may, after consultation with the expert committee, by notification, make rules for carrying out the provisions of this Act.

SPECIAL PROVISIONS

Responsibility of employers Responsibility of payment of wages and compensation Notice of commencement of building or other construction work

PENALTIES AND PROCEDURE

Penalty for contravention of provisions regarding safety measures Penalty for failure to give notice of the commencement of the building or other construction work Penalty for obstructions Penalty for other offences Appeal Recovery of penalty Offences of companies Cognizance of offences Limitations of prosecution

Chapter XI MISCELLANEOUS
Sections 56. Delegation of powers 57. Returns 58. Application of Act8 of 1923 to building workers 59. Protection of action taken in good faith 2424 60. Power of Central Government to give directions 61. Power to remove difficulties 62. Power to make rules 63. Saving of certain laws 64. Repeal and saving 24 24 27 27 Page 24 24 24

THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) CENTRAL RULES, 1998

BOCW RULES,1998
( Total XXX Chapters, 252 Rules, XII Schedules & XXVI Forms)

PART I PRELIMINARY

Chapter 1

Rules 1. 2. 3. 4. Short title, application and commencement Definitions Interpretation of words not defined Savings

Page 28 28 34 34

Definitions
Rule 2 Definitions: (j) competent person means a person so approved by the Central Govt., who belongs to testing establishment in India, possessing adequate qualification, experience and skill for the purpose of testing, examination or annealing and certification of lifting appliances, lifting gears, wire ropes or pressure plant or equipment (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.

Definitions
(zp) responsible person means a person appointed by the employer to be responsible for the performance of specific duty or duties and who has sufficient knowledge and experience and the requisite authority for the proper performance of such duty or duties. (zz) testing establishment means an establishment with testing and examination facilities, as approved by the Central Govt. 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.

Chapter II
RESPONSIBILITIES AND DUTIES OF EMPLOYERS, ARCHITECTS, PROJECT ENGINEERS AND DESIGNERS, BUILDING WORKERS ETC.
Rules Page 5. Duties and responsibilities of employers, employees 34 and others 6. Responsibilities of architects, project engineers and designers 36 7. 8. 9. Responsibilities of the persons in the service of the State Government and the Board Duties and responsibilities of workers Exemption 36 36 37

PART II

CENTRAL ADVISORY COMMITTEE, REGISTRATION OF ESTABLISHMENTS

Chapter III CENTRAL ADVISORY COMMITTEE

Rules 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 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 Page 37 38 39 39 39 39 39 40 40 40 41 41 41

CHAPTER IV REGISTRATION OF ESTABLISHMENTS

Rules 23. Manner of making application for registration of establishments. 24. Grant of certificate of registration 25. Payment of additional fees and amendment of register etc. 26. Conditions of registration 27. Fees Page 41 42 42 42 43

CHAPTER V APPEALS, COPIES OF ORDERS, PAYMENT OF FEES, ETC.

Rules 28. Filing,of appeal before the appellate officer 29. Failure to appear on the date of hearing 30. Restoration of appeals 31. Hearing of appeal 32. Copy of order of registration or of order in appeal 33. Payment of fees Page 43 44 44 44 44 44

PART III

SAFETY AND HEALTH

CHAPTER VI GENERAL PROVISIONS

Rules 34. Excessive noise, vibration etc. 35. Fire protection 36. Emergency action plans 37. Fencing of motors, etc. 38. Lifting and carrying of excessive weight 39. Health and safety policy 40. Dangerous and harmful environment 41. Overhead protection 42. Slipping, tripping, cutting, drowning and falling hazards 43. Dust, gases, fumes, etc. 44. Corrosive substances 45. Eye protection 46. Head protection and other protective apparel 47. Electrical hazards 48. Vehicular traffic 49. Stability of structures 50. Illumination of passageways, etc. 51. Stacking of materials Page 45 45 45 46 46 46 47 48 48 49 49 49 49 50 51 51 51 51

Emergency action plans

Rule 36. Emergency Action plans: An employer shall ensure at a construction site of BOCW that in case more than 500 building workers are employed at such construction site, emergency action plan to handle the emergencies like: (a) fire and explosion, (b) collapse of lifting and transport equipment, collapse of building, sheds, or structures etc. (d) gas leakage or spillage of dangerous goods and chemicals, (e) drowning of building workers, sinking of vessels, and (f) land slides getting building workers buried, floods, storms and other natural calamities, is prepared and submitted for the approval of the Director General.

Health and safety policy

Rule 39. Safety Policy: 1(a) Every establishment employing 50 or more building workers shall prepare a written statement of policy in respect of safety and health of building workers and submit the same for the approval of the Director General.

Rules 52. Disposal of debris 53. Numbering and marking of floors 54. Use of safety helmets and shoes

Page 51 52 52

CHAPTER VII LIFTING APPLIANCES AND GEAR

Rules 55. Construction and maintenance of lifting appliances 56. Test and periodical examination of lifting appliances 57. Automatic safe load indicators 58. Installation 59. Winches 60. Buckets 61. Identification and marking of safe working load 62. Loading of lifting appliances and lifting gears 63. Operators cab or cabin 64. Operation of lifting appliances 65. Hoists 66. Fencing of and means of access to lifting appliances 67. Rigging of derricks 68. Securing of derrick foot 69. Construction and maintenance of lifting gear 70. Test and periodical examination of lifting gears Page 52 53 54 54 54 55 55 56 56 57 58 60 61 61 61 61

Test and periodical examination of lifting appliances and lifting gears

Rule 56. Test and periodical examination of lifting appliances: The employer shall ensure at construction site of BOCW that,(a) all lifting appliances including all parts and gears thereof, whether fixed or movable, are tested and examined by a competent person before being taken into use for the first time or after it has undergone any alterations or repairs liable to affect its strength or stability or after erection on construction site and also once at least in every five years, in manner specified in schedule I annexed to these rules. Rule 70. Test and periodical examination of lifting gears: The employer shall ensure at a construction site of BOCW that,(a) a lifting gear is initially tested for the manufacture by a competent person, in a manner specified in Schedule I annexed to these rules before being taken into use or after undergoing any substantive alterations which renders its any part liable to affect safety and such gear shall be subsequently tested at least every five yearly.

Rules 71. Ropes 72. Heat treatment of lifting gears 73. Certificate to be issued after actual testing and examination, etc. 74. Register of periodical test, examination and certificates thereof 75. Vacuum and magnetic lifting gear 76. Knotting of chains and wire ropes 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.

Page 62 63 64 64 65 65 65 66 67 67 68

CHAPTER VIII RUNWAYS AND RAMPS

Rules 82. Use of runways and ramps by building worker 83. Use by vehicles 84. Slope of ramps 85. Use by wheelbarrows Page 68 68 69 6

CHAPTER IX WORK ON OR ADJACENT TO WATER

Rules 86. Transport by water 87. Prevention from drowning Page 69 70

CHAPTER X TRANSPORT AND EARTH MOVING EQUIPMENT

Rules 88. Earth moving equipment and vehicles 89. Power shovels and excavators 90. Bulldozer 91. Scrapers 92. Mobile asphalt layers and finishers 93. Pavers 94. Road rollers 95. General safety Page 70 71 72 72 72 73 73 73

CHAPTER XI CONCRETE WORK

Rules 96. General provisions regarding use of concrete 97. Preparation and pouring of concrete and erection of concrete structures 98. Buckets 99. Pipes and pumps 100. 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 Page 73 74 74 74 75 75 75 76 76 77 77 77

CHAPTER XII DEMOLITIONS

Rules 108. Preparation 109. Protection of adjacent structures 110. Demolition of walls, partitions, etc. 111. Method of operation 112. Access to floor 113. Demolition of structural steel 114. Storage of material or article 115. Floor openings 116. Inspection 117. Warning signs, barricades, etc. 118. Mechanical method of demolition Page 78 78 78 79 79 79 79 80 80 80 80

CHAPTER XIII EXCAVATION AND TUNELLING WORKS

Rules 119. Notification of intention to carry out excavation and tunelling work 120. Project engineer 121. Responsible person 122. Warning signs and notices 123. Register of employment, etc. 124. Illumination 125. Stability of structure 126. Piling, shoring and bracing 127. Safe access 128. Trenches 129. Depth of trenches 130. Positioning and use of machinery 131. Breathing apparatus 132. Safety measures for tunelling operation 133. Pneumatic tools 134. Shafts Page 81 81 81 82 82 82 82 83 84 84 84 84 84 84 85 85

Rules 135. Lift for shaft 136. Means of communication 137. Signals 138. Clearances 139. Shelters 140. Use of internal combustion engine 141. Inflammable oils 142. Coupling and hoses 143. Hose installation 144. Fire resistent hoses 145. Flame proof equipment 146. Storing oil of and fuel underground 147. Use of gases underground 148. Water for fire-fighting 149. Flooding 150. Steel curtains 151. Rest shelters

Page 85 85 86 86 86 86 86 86 87 87 87 87 87 87 88 88 88

Rules 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 instructions 168. Medical lock

Page 89 89 89 89 89 89 90 90 90 90 90 91 91 91 91 93 93

CHAPTER XIV CONSTRUCTION, REPAIR AND MAINTENANCE OF STEEP ROOF

Rules 169. Work on steep roofs 170. Construction and installation of roofing brackets 171. Crawling boards Page 94 94 94

CHAPTER XV LADDERS AND STEP-LADDERS

Rules 172. Construction and safe use 173. Rungs 174. Materials for ladders Page 94 95 95

CHAPTER XVI CATCH PLATFORM AND HOARDINGS, CHUTES, SAFETY BELTS AND NETS
Rules 175. Catch platforms 176. Hoardings 177. Chutes, its construction and use 178. Safety belt and its use 179. Safety net and its use 180. Storage of safety belts and nets, etc. Page 95 96 96 96 97 97

CHAPTER XVII STRUCTURAL FRAME AND FORMWORK

Rules 181. General provision 182. Formwork, false work and shoring 183. Erection or dismantling of steel and prefabricated structure 184. Formwork 185. Deshoring Page 97 97 97 99 100

CHAPTER XVIII STACKING AND UNSTACKING

Rules 186. Stacking and unstacking of materials and articles 187. Stacking of cement and other material bags Page 100 100

CHAPTER XIX SCAFFOLD

Rules 188. Scaffold construction 189. Supervision by a responsible person 190. Maintenance 191. Standards, ledgers, putlogs 192. Working platform 193. Board, plank and decking 194. Repair of damaged scaffold 195. Opening 196. Guardrails 197. Scaffolds used by building workers of different employers 198. Protection against electric power line 199. Screening net and wire-nets 200. Tower scaffold 104 201. Gear for suspension of scaffold Page 101 101 101 102 102 102 103 103 103 104 104 104 104

Rules 202. Trestle scaffold and cantilever scaffold 203. Scaffold supported by building 204. Use of winches and climbers for suspended scaffold 205. Safety devices for suspended scaffold

Page 105 105 105 106

CHAPTER XX COFFERDAMS AND CAISSONS

Rules 206. General provisions 207. Pressure plant and equipment Page 106 107

CHAPTER XX I SAFETY ORGANISATION

Rules 208. Safety Committees 209. Safety Officer 210. Reporting of accidents 211. Procedure for enquiry into causes of accident or dangerous occurrences Page 108 109 109 111

Safety Committees
Rule 208.Safety Committee: (1) Every establishment wherein 500 or more building workers are ordinarily employed, there shall be a safety committee constituted by the employer which shall be represented by equal number of representatives of employer and building workers employed in such establishment. In no case the number of representatives of the employer shall exceed the representatives of building workers. The committee shall be represented by representatives of the recognized unions wherever such unions exist. Rule 209. Safety Officer: (1) In every establishment wherein 500 or more building workers are ordinarily employed, the employer shall appoint safety officers as per the scale in Schedule VIII annexed to these rules

Reporting of accidents
Rule 210. Reporting of accidents: (1) Notice of any accident on the construction side which either (a) causes loss of life; or (b) disables a building worker from working for a period of 48 hours or more immediately following the accident, shall be sent by telegram, telephone, fax or similar other means including special messenger within four hours in case of fatal and seventy two hours, in case of other accidents involving building worker to (i) the Regional Labour Commissioner (Central), having jurisdiction in the area in which the establishment where the accident or DO took place is located; (ii) Board with which the building worker was registered; (iii) Director General; and (iv) The next in kin or other relative of building worker. (2) Notice of any accident which (a) causes loss of life; or (b) disables such building worker from work for more than 10 days following the accident shall also be sent to-

Reporting of accidents
(i) the officer in charge of the nearest PS; (ii) the District Magistrate or if the District Magistrate by order so desires to the Sub-Divisional Magistrate. (3) In case of accident causing disablement, the building worker shall be given first-aid and thereafter immediately sent to the a hospital. (4) Where any accident causing disablement subsequently results in death, notice in writing of death shall be communicated to the authorities within 72 hours of the death. (5) DOs shall also be reported to Insp. as above. (7) Every notice shall be followed by a written report to the Inspector, the Board and the Director General in Form XIV under proper acknowledgement.

CHAPTER XXII EXPLOSIVES

Rules 212. Handling of explosives 213. Precautions Page 113 113

CHAPTER XXIII PILING

Rules 214. General provisions 215. Stability of adjacent structure 216. Protection of operator 217. Instruction 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 115 222. Pile testing Page 113 114 114 114 114 114 115 115

CHAPTER XXIV MEDICAL FACILITIES

Rules 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 Page 115 116 117 117 118 118 118 119 119 119

Medical examination of building workers, etc.

CHAPTER XXV INFORMATION TO BUREAU OF INDIAN STANDARDS

Rules 233. Furnishing of information to Bureau of Indian Standards Page 120

PART IV

HOURS OF WORK, WELFARE, PAYMENT OF WAGES, REGISTERS AND RECORDS, ETC.

CHAPTER XXVI HOURS OF WORK, REST INTERVALS AND WEEKLY OFF, ETC.
Rules 234. Hours of work, intervals of rest and spread over, etc. 235. Weekly rest, payment for work done on the day of rest at overtime rate 236. Night shifts 237. Application of provisions of this Chapter to certain classes of building workers Page 121 121 122 122

CHAPTER XXVII NOTICES, REGISTERS, RECORDS AND COLLECTION OF STATISTICS

Rules 238. Notice of wage periods, etc. 239. Notice of commencement and completion 240. Register of persons employed as building workers 241. Muster-roll, wages register, deduction register, overtime register and issue of wage books and service certificates 242. Returns Page 123 123 123 123 125

CHAPTER XXVIII WELFARE OF BUILDING WORKERS

Rules 243. Latrine and urinal accommodation 244. Canteens 245. Foodstuff to be served in the canteen 246. Serving of tea and snacks at the workplace 247. Charges of foodstuff Page 125 126 127 127 127

CHAPTER XXIX WAGES

Rules 248. Payment of wages 249. Display of notices of wage regarding date of payment of wages Page 127 128

PART V

MISCELLANEOUS PROVISIONS

CHAPTER XXX POWERS OF DIRECTOR GENERAL AND INSPECTORS

Rules 250. Power to engage experts, agencies 251. Powers of inspectors 252. Prohibition order SCHEDULE I Manner of test and examination before taking lifting appliance, lifting gear and wire rope into use for the first time SCHEDULE II Notifiable Occupational Diseases in Building and other Construction Work SCHEDULE III Contents of a First-aid Box SCHEDULE IV Articles for ambulance room SCHEDULE V Contents of Ambulance Van or Carriage SCHEDULE VI- Permissible Exposure in cases of Continuous Noise Page 128 128 129

130 134 134 135 137 137

Rules SCHEDULE VII Periodicity of Medical Examination of Building Workers SCHEDULE VIII 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

Page 138 139 141 142 142 143 149 149 150

Rules 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 Wirepore before being taken into use FORM IX - Certificate of Annealing of Loose Gears

Page 151

151

152 152 152 154

Rules FORM X - Certificate of Annual Thorough Examination of Loose Gears Exempted from Annealing FORM XI - Certificate of Medical Examination FORM XII 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-roll

Page

155 155 156 157 157 160 161 161 162

Rules 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.

Page

163 163 164 165 165 166 166

167

THE BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE CESS ACT, 1996

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

Page 171 171 171 172 172 172 172 173 173 173 173 173 174 174 175

THE BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE CESS RULES, 1998

Sections 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. Recover of overdue amount

Page 176 176 176 177 177 178 178 179 179 180 180 180 181

Sections 14. Appeal 15. Filing of complaints FORM I (Ref: rule 1- Format of information to be furnished for Assessment) FORM II Notice of stoppage or Reduction of work

Page 181 182 182 183