Central Annual Return BOCW

Central Annual Return BOCW

Damini Chandankar
Damini Chandankar
Table of Contents
Table of Contents

Building and other construction activity employs an estimated 8.5 million people in the country. Construction workers are one of the most numerous and vulnerable elements of India's unorganized labor force.

Central Annual Return BOCW
Central Annual Return BOCW

As a result, this article serves as a guide to the Central Annual Return BOCW. The following are the subjects we will be discussing:

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Central Annual Returns

Each inspectable unit under any Labor Law has been allocated one Labor Identification Number (LIN) for data integration across multiple enforcement authorities. The Unified Shram Suvidha Portal was created to make inspection reporting and return submission easier.

The Annual Returns module of the Shram Suvidha Portal begins with the establishment representative submitting annual labor returns to the DGMS and CLC(C) enforcement authorities for a specific year.

Annual Returns Acts and Rules

For the following 8 Acts and 10 Central Rules, a common annual return facility has been prepared:

1. Maternity Benefit Act, 1961

i. Maternity Benefit (Mines and Circus) Rules 1963 (Rule 16(1))

2. Building and Other Construction Workers (Regulation of Employment and Condition Service) Act, 1996

i. Building and Other Construction Workers (Regulation of Employment and Condition Service) Central Rules, 1998

3.Payment of Wages Act, 1936

i. Payment of Wages (Mines) Rules, 1956 (Form V- [See Rule 18(1)])

ii. Payment of Wages (Railways) Rules, 1938 (Form III- [See Rule 17])

iii. Payment of Wages (Air Transport Services) Rules, 1968 (Form VIII- [See Rule 16])

4. Payment of Bonus Act, 1965

i. Payment of Bonus Rules, 1975

5. Minimum Wages Act, 1948

i. Minimum Wages (Central) Rules, 1950) (Form III- [See Rule 21 (4A) (1)])

6. Contract Labour (Regulation and Abolition ) Act, 1970

i. Contract Labour (Regulation and Abolition) (Central) Rules, 1971) (Form-XXIV) [See rule 82(1) and (2)])

7. Inter-State Migrant Workmen (Regulation of Employment and Condition Service) Act, 1979

i. Inter-State Migrant Workmen (Regulation of Employment and Condition Service) Central Rules, 1980 (Form – XXIII [See rule 56(1) and (2)])

8. Industrial Dispute Act, 1947

i. Industrial Dispute (Central) Rules, 1957 (Form G1 [See Rule 56A])

Roles and Activities for Annual Returns

User Role

Common Name

Activity


Establishment Representative

Establishment

File Annual Return for CLC(C)



Upload signed reports for CLC(C)


View submitted returns



Regional Head

Enforcement Agency

View submitted return report




Inspectors

Officers in Regional Offices

View submitted return report




Annual Returns Prerequisites

Before filing annual returns with the CLC(C) enforcement agency, the establishment representative must meet certain prerequisite conditions:

• Employer/Establishment Representative must be registered with the USSP; if not, sign up through the portal.

• If no LIN is available, the user must create owned/represented establishments and request LIN from them after logging in using the 'Establishment' option on the left side menu.

• The LIN verified establishments must be represented by the establishment representative at USSP. The 'know your LIN' option on the Portal main page allows the user to search for LIN.

• Only Central Government Acts can be filed by the establishment representative at USSP.

• If a LIN for an establishment already exists, the user must link the LIN to the institution by selecting the 'Link Establishment' option from the left side menu after logging in.

Building and other construction workers Act,1996

Over eight million people are employed in building and other construction projects across the country. These employees are among the most vulnerable members of India's unorganized labor force. Their job is transient, their employer-employee relationship is temporary, and their working hours are unpredictable.

The basic conveniences and welfare services supplied to these employees are insufficient. There is also a danger to life and limb. In the absence of proper statutory provisions, obtaining the necessary information on the number and nature of accidents was difficult, making it difficult to assign blame or take corrective action.

Although many parts of Central Acts applied to building and other construction employees, there was a need for a comprehensive Central Legislation to regulate their safety, welfare, and other working conditions.

The Committee of State Labor Ministers expressed its support for central legislation on this subject in accordance with the decision of the 41st Labor Ministers Conference on May 18, 1995.

The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Ordinance, 1995 (Ord. 14 of 1995) was promulgated by the President on November 3, 1995, while Parliament was /not in session, to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health, and welfare measures.

On December 1, 1995, a Bill was introduced in the Lok Sabha to replace this Ordinance. The Bill expired because it could not be taken up for discussion. The President signed the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Ordinance, 1996 on January 5, 1996. (Ord. 3 of 1996).

Because an Act of Parliament could not replace this Ordinance, on June 20, 1996, the President issued the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Third Ordinance, 1990 (Ord. 25 of 1996). The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Bill was submitted in Parliament to replace this Ordinance.

Because of the aforementioned circumstances, it was deemed necessary to establish Welfare Boards in each state to supply and supervise social security systems and welfare measures for building and other construction workers.

The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Bill, 1988, which was tabled in the Rajya Sabha on December 5, 1988, has been deemed appropriate for the specified purpose.

A cess on the cost of construction borne by employers on buildings and other construction works has also been regarded necessary to ensure sufficient funds for the Welfare Boards to carry out social security schemes and welfare initiatives.

The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Third Ordinance, 1996, addresses, among other things:

(i) a provision to cover any establishment that employs or had employed fifty or more persons in any building or other construction activities on any day in the preceding twelve months;

(ii) define "appropriate Government" in relation to certain institutions, as well as allow the Central Government to notify public sector undertakings for which it will be the suitable Government;

(iii) the establishment of a Central and State Advisory Committee to advise the appropriate Government on concerns arising from the implementation of the Ordinance:

(iv) the formation of an Expert Committee to advise the appropriate government on subjects relating to the formulation of rules.

(v) enterprises employing construction workers must be registered, and registering officers must be appointed;

(vi) establishment of Welfare Boards by state governments and registration of beneficiaries under the Fund;

(vii) registration of building workers as beneficiaries under the said Ordinance and provision for their identity cards, etc.

(viii) allow for the completion and expansion of the Welfare Board established by the state governments;

(ix) setting hours for normal working day, weekly paid rest day, wages for over time, supply of basic welfare: drinking water, latrines and urinals, crèches, first aid, canteens, and other amenities for construction workers;

(x) providing temporary living quarters for all construction workers on or near the job site;

(xi) ensuring proper safety and health measures for construction workers, including the establishment of safety committees and safety officers, as well as mandatory accident notification;

(xii) empowering the Central Government to develop model rules for safety measures under the supervision of the Director-General of Inspection at the Central Level and the Inspector-General at the State Level;

(xiii) provision for the appointment of inspecting personnel, including the Director-General of Inspection at the Central Level and the Inspector-General at the State Level;

(xiv) particular requirements defining employers' responsibilities for ensuring compliance with safety provisions, including accident prevention, timely wage payment, and so on;

(xv) penalties for contravention, obstruction, violation, and crime; court cognizance of an offence punishable under this Bill; and protection of good faith actions;

(xvi) extending the Workmen's Compensation Act of 1923 to building and other construction employees; and

(xvii) empowering the Central Government to issue directives to the States and to resolve any problems that may arise in carrying out the terms of the said Ordinance.

CHAPTER I

Short title, extent, commencement and application

(1) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 is the name of the law.

(2) It covers the entire country of India.

(3) It came into force on March 1, 1996.

(4) It applies to every establishment that employs or had employed ten or more construction workers in any building or other construction work on any day in the previous twelve months.

The number of building workers engaged in the establishment shall be computed by taking into account the number of construction workers employed in different relays throughout the day, whether by the employer or the contractor.

Definitions

(1)  In this Act, Unless the context requires otherwise,

(a)  "appropriate Government" means:

(i)  in relation to an establishment that employs building workers 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)  in relation to any such establishment that is 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

For the purposes of sub-clause (ii), "Public sector undertaking" means any corporation constituted by or under any Central, State, or Provincial Act, but not 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)  in the case of any other establishment employing construction employees directly or through a contractor, the Government of the State in which such other establishment is located;

(b) beneficiary means a building worker registered under section 12;

(c) Board refers to the Building and Other Construction Workers' Welfare Board established under section 18(1).

(d) "Building or other construction work" refers to the construction, alteration, repair, maintenance, or demolition of or in relation to buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), power generation, transmission, and distribution, water works (including water distribution channels), oil and gas installations, electric lines, wireless, Dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqua ducts, pipelines, towers, cooling towers, transmission towers, and other work as may be specified in this regard 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) A building worker is a person who is employed to perform any skilled, semiskilled, or unskilled manual, supervisory, technical, or clerical work for hire or reward in connection with any building or other construction work, whether the terms of employment are expressed or implied, but does not include anyone

(i) who is employed primarily in a managerial or administrative capacity; or.

(ii) who, while employed in a supervisory capacity, earns more than 1,600 rupees per men or performs primarily managerial activities, either by nature of the duties assigned to the office or by virtue of the authorities granted in him;

f) "Chief Inspector" refers to the Chief Inspector of Building and Construction Inspections designated under section 42, subsection (2);

(g) "contractor" means a person who, other than supplying goods or articles of manufacture, undertakes to produce a specific result for any establishment through the employment of building workers, or who supplies building workers for any work performed by the establishment; and includes a subcontractor.

(h) Director-General" means the Director-General of Inspection designated under section 42, paragraph (1);

(i) employer" means the owner of an establishment, and includes, the authority indicated in this behalf, or the head of the department, in relation to a building or other construction activity carried out by or under the authority of any department of the Government directly without the use of a contractor;

(ii) in the case of a building or other construction work done directly by or on behalf of a local authority or other establishment without the use of a contractor, the chief executive officer of that authority or establishment;

(iii) in the case of a building or other construction work done by or through a contractor, or by the employment of building workers supplied by a contractor, the contractor;

(j) establishment means any establishment owned or controlled by the government, any corporation or firm, an individual, association, or other group of individuals that employs building workers in any building or other construction work; and includes an establishment owned by a contractor, but excludes 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 rupees ten lakhs;.

(k) "Fund" refers to the Building and Other Construction Workers' Welfare Fund established by a Board established under section 24(1).

(l) notification means a notice published in the Official Gazette;3 (m) prescribed means rules adopted under this Act by the Central Government or the State Government, as the case may be;

(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 a law that is not in effect in a particular region shall be read as a reference to the similar law in effect in that area, if any.

CHAPTER II

THE ADVISORY COMMITTEES AND EXPERT COMMITTEES

Central Advisory Committee

The Central Government shall, as soon as practicable, establish a Committee to be known as the Central Building and Other Construction Workers' Advisory Committee (hereinafter referred to as the Central Advisory Committee) to advise the Central Government on any matters arising out of the administration of this Act that may be referred to it.

The Central Advisory Committee shall be comprised of the following members:

(a) a Chairperson who will be selected by the Central Government;

(b) three Members of Parliament, two from the House of People and one from 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 employers, building workers, architectural and engineering associations, accident insurance institutions, and any other interests that the Central Government believes should be represented on the Central Advisory Committee.

The number of members to be appointed from each of the categories listed in clause (d) of sub-section (2), the period of office and other conditions of service, and the procedure of filling vacancies among the members of the Central Advisory Committee shall be as prescribed:

Provided, however, that the number of members chosen to represent construction employees does not equal the number of members nominated to represent employers.

It is officially proclaimed that holding the position of member of the Central Advisory Committee does not preclude the holder from being elected to, or serving in, either House of Parliament.

The Central Building and Other Construction Workers' Advisory Committee has been established by the Central Government. A Chairperson, three Members of Parliament, the Director General of Inspection, and not more than thirteen but not less than nine persons nominated by the Government to represent employers, building workers, architectural and engineering associations, accident insurance institutions, and other interests shall make up the Committee.

State Advisory Committee

The State Government shall establish a committee to be known as 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 as may be referred to it arising out of the administration of this Act.

The State Advisory Committee will consist of:

(a) a Chairperson appointed by the State Government;

(b) two members of the State Legislature elected from the State Legislature-members;

(c) a member nominated by the Central Government; and

(d) the Chief Inspector, who will serve as an ex officio member.

(e) such other members as the State Government may nominate to represent employers, construction workers, architectural and engineering associations, accident insurance institutions, and any other interests that, in the opinion of the State Government, should be represented on the State Advisory Committee.

The number of members to be appointed from each of the categories specified in clause (e) of sub-section (2), the term of office and other conditions of service, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among members of the State Advisory Committee shall be as prescribed:

Provided, however, that the number of members nominated to represent construction employees does not fall below the number of members nominated to represent employers.

The committee will be composed of a Chairperson, two members of the Legislature, a member to be nominated by the Central Government, the Chief Inspector of Inspection, and not more than eleven and not less than seven persons nominated by the State Government to represent employers, construction workers, and architectural associations. Engineers, accident insurance companies, and anyone else with an interest.

Expert Committees

The appropriate government may appoint one or more expert committees made up of people who are specially trained in building or other construction activity to advise it on how to make rules under this Act.

Members of the expert committee shall be given such fees and allowances as may be prescribed for attending committee meetings:

Provided, however, that no fee or allowances shall be payable to any member who is an officer of the government or of any corporation constituted by or under any current legislation.

CHAPTER III

REGISTRATION OF ESTABLISHMENTS

Appointment of registering officers

By order published in the Official Gazette, the appropriate Government may: (a) appoint Gazetted Officers of Government as registration officers for the purposes of this Act; and (b) establish the limits within which a registering officer may exercise the duties conferred on him by or under this Act.

Registration of establishments

Every employer shall, (a) within sixty days of the Act's commencement, make an application to the registering officer for the registration of an establishment; and (b) within sixty days of 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, however, that the registering officer may consider any such application after the expiration of the aforementioned periods if he is convinced that the applicant was prevented from making the application within such term by sufficient cause.

Every application made under subsection (1) must be in the form, contain the information, and be supported by the fees stipulated as may be prescribed..

The registering officer shall register the establishment and issue a certificate of registration to the establishment's employer in such form, within such time, and subject to such conditions as may be required after receiving an application under subsection (1).

If the ownership, management, or other prescribed particulars of an establishment change after it is registered under this section, the employer must notify the registering officer in writing within thirty days of the change the particulars regarding such change as may be prescribed.

Every employer of an establishment to which this Act applies and to which this Act may become applicable at any time must file an application for registration of his establishment in the prescribed form and pay the prescribed fee within sixty days of the Act's commencement or within sixty days of the date on which this Act becomes applicable to the establishment.

Revocation of registration in certain cases

If the registering officer is satisfied, either on the basis of a reference made to him in this regard or otherwise, that the registration of any establishment was obtained by misrepresentation or suppression of any material fact, or that the provisions of this Act are not being followed in relation to any work carried out by such establishment, or that the registration has become useless or ineffective for any other reason and, as a result, requires to be revoked, he may, after due process, revoke the registration.

The registration of any establishment may be revoked by the registering officer after giving the employer of the establishment an opportunity to be heard if the registration was obtained by misrepresentation or suppression of any material fact, or if the provisions of the Act are not being followed in relation to any work carried out by such establishment.

Appeal

Any person aggrieved by an order made under section 8 may file an appeal with the appellate officer, who shall be a person nominated in this capacity by the appropriate Government, within thirty days of the day on which the order is notified to him:

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.

Following receipt of an appeal under subsection (1), the appellate officer shall affirm, modify, or reverse the decision of revocation as soon as feasible after giving the appellant an opportunity to be heard.

If an establishment's employer is aggrieved by a registering officer's order, he has thirty days from the day the order is informed to him to file an appeal with the appellate officer. If the appellant convinces the appellate officer that he was prevented from filing the appeal in time by sufficient cause, the appeal might be filed after the thirty-day period has passed.

Effect of non-registration

No employer of a business that is subject to this Act shall:

(a) in the case of a business that is required to be registered under section 7 but has not been registered under that section;

(b) employ building workers in the establishment after the period referred to in clause (a) or clause (b) of sub-section (I) of section 7 has expired and no appeal has been filed against such order of revocation under section 9 within the time prescribed for filing such appeal, or where an appeal has been filed, such appeal has been dismissed, After the period referred to in clause (a) or clause (b) of sub-section (I) of section 7, or after the revocation of registration under section 8, or after the expiry of the period for filing an appeal under section 9 or after the dismissal of the appeal, as the case may be, employ construction workers in the establishment.

No employer of a construction worker can be employed at an establishment that is required to be registered but has not been registered or whose registration has been revoked and no appeal has been filed or where an appeal has been filed but has been dismissed.

CHAPTER IV

REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES

Beneficiaries of the Fund

Every building worker who is registered as a beneficiary under this Act is entitled to the benefits given by the Board from its Fund under this Act, subject to the terms of this Act.

Beneficiary registration of construction workers

Every building worker who has reached the age of eighteen but not sixty, and who has worked in any building or other construction activity for at least ninety days in the previous twelve months is eligible to register as a beneficiary under this Act.

(An application for registration shall be submitted to the officer designated by the Board in such form as may be required.) Every application made under sub-section (2) must be accompanied by the required papers and a fee of not more than fifty rupees.

If the officer authorized by the Board under sub-section (2) is satisfied that the applicant has complied with the provisions of this Act and the rules made there under, he shall register the building worker's name as a beneficiary under this Act: Provided, however, that an application for registration shall not be rejected without first giving the applicant an opportunity to be heard.

Any person aggrieved by a decision made under subsection (4) may file an appeal with the Secretary of the Board or any other officer designated by the Board within thirty days of the date of the decision, and the Secretary's or such other officer's judgment shall be final:

Provided, however, that the Secretary or any other official designated by the Board in this regard may examine the appeal after the thirty-day deadline has expired if he is convinced that the building worker was prevented from filing the appeal in time by sufficient cause.

The Secretary of the Board is responsible for keeping such records as may be required.

Every building worker between the ages of eighteen and sixty who has worked in any building or other construction activity for at least ninety days in the previous 12 months is entitled to join the Building and Other Construction Workers' Welfare Fund as a beneficiary. A registration application must be submitted in the prescribed format, along with the required documentation and a charge of not more than fifty rupees.

Identity cards

The Board shall provide each recipient with an identity card bearing his photograph and sufficient space for recording the details of the building or other construction work performed by him.

Every employer must record the specifics of the building or other construction work completed by the beneficiary on the identity card, authenticate it, and deliver it to the beneficiary.

A beneficiary who has been issued an identity card under this Act must submit it for inspection whenever a government officer or the Board, an inspector, or another authority requests it.

Cessation as a beneficiary

When a building worker reaches the age of sixty, or when he is not engaged in building or other construction activity for at least ninety days in a year, he ceases to be a beneficiary under this Act:

Any duration of absence from the building or other construction activity due to any personal harm caused to the building worker by accident arising out of and in the course of his employment must be eliminated in computing the term of ninety days under this subsection.

If a person has been a beneficiary for at least three years continuously immediately before reaching the age of sixty, he is qualified to receive such benefits as may be stipulated, notwithstanding anything in sub-section (1).

Any duration a person had been a beneficiary with any other Board immediately before his registration shall be included to the three-year period as a beneficiary with any other Board immediately before his registration.

Register of beneficiaries

Every employer shall keep a register in the form prescribed by the Board showing the details of employment of beneficiaries employed in the building or other construction work undertaken by him, which may be inspected by the Secretary of the Board or any other officer duly authorized by the Board in this regard without prior notice.

Contribution of construction workers

A building worker who has been registered as a beneficiary under this Act must contribute to the Fund at the rate per man specified by the State Government by notification in the Official Gazette until he reaches the age of sixty years, with different rates of contribution specified for different classes of building workers:

Provided, however, that if the Board determines that a beneficiary is unable to pay his contribution owing to financial difficulty, the Board may waive payment for up to three months at a time.

A beneficiary may give his employer permission to collect his contribution from his monthly salary and send it to the Board within fifteen days of the deduction.

A registered beneficiary must contribute to the Fund at the rates set by the State Government until he reaches the age of sixty. If a beneficiary is unable to pay his contribution owing to financial difficulties, the Building and Other Construction Workers' Welfare Board has the authority to suspend payment for up to three months.

The effects of non-payment of a contribution

A beneficiary ceases to be a benefit if he has not paid his contribution under sub-section (1) of section 16 for a period of not less than one year:

If the Secretary of the Board is satisfied that the non-payment of contribution was due to a reasonable reason and that the building worker is willing to deposit the arrears, he may allow the building worker to deposit the arrears, and upon such deposit, the building worker's registration will be restored.

A beneficiary ceases to be a beneficiary of the Fund if he fails to pay his contribution for a period of not less than one year. However, if the building worker's failure to pay the contribution was due to a valid reason and he is willing to deposit the arrears, his registration may be restored.

CHAPTER V

BUILDING AND OTHER CONSTRUCTION WORKERS' WELFARE BOARDS

Constitution of State Welfare Boards

Every State Government shall establish a Board to be known as the (name of the State) Building and Other Construction Workers' Welfare Board to exercise the powers conferred on it and execute the functions assigned to it under this Act, with effect from such date as it may determine by notification.

The Board shall be a body corporate with perpetual succession and a common seal, and shall sue and be sued under the same name.

The Board shall be composed of a chairperson, a person to be nominated by the Central Government, and a maximum of fifteen other members appointed by the State Government:

Provided, however, that the Board includes an equal number of members representing the State Government, employers, and construction workers, and that at least one of the members is a woman:

The chairperson's and other members of the Board's terms and conditions of appointment, as well as their salaries and other allowances, and the way in which casual vacancies in the Board's members are filled, should be as prescribed.

Secretary and other officers of Boards

The Board shall designate a Secretary and any other officers or staff it deems appropriate to carry out its responsibilities under this Act.

The chief executive officer of the Board is the secretary.

The Secretary's terms and conditions of appointment, as well as the salary allowances payable to the Board's other officers and staff, shall be as prescribed.

Meetings of Board

The Board shall convene at such times and places as may be prescribed, and shall follow such rules of procedure as may be prescribed in regard to the transaction of business at its meetings (including the quorum at such sessions).

The chairperson or, if he is unable to attend a Board meeting for any reason, any member selected by the chairperson in this capacity, or, in the absence of such nomination, any other member elected by the members present at the meeting from among themselves, shall preside at the meeting.

All questions brought before a Board meeting must be settled by a majority vote of the members present and voting, with the chairperson, or in his absence, the person presiding, having a second or casting vote in the event of a tie.

Vacancies, etc., do not invalidate the Boards' proceedings

A Board's act or proceedings shall not be invalidated solely because of: (a) any vacancy in, or defect in, the Board's constitution; or (b) any defect in the appointment of a person acting as a member of the Board; or (c) any irregularity in the Board's procedure not affecting the merits of the case.

Functions of the Boards

The Board may-

(a) provide immediate assistance to a beneficiary in the event of an accident;

(b) pay a pension to beneficiaries who have reached 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 premium for the beneficiaries' Group Insurance Scheme as it may deem fit;

(e) provide such financial assistance for the beneficiaries who have reached the age of sixty years.

(f) meet such medical expenses for treatment of major ailments of a beneficiary or, such dependent, as may be prescribed;

(g) provide and improve such other welfare measures and facilities as may be specified; and (h) provide and improve such other welfare measures and facilities as may be required.

The Board may provide a loan or subsidy to a local government or an employer in support of any scheme approved by the State Government for the welfare of construction employees in any establishment.

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 construction workers and their families, provided that the amount payable as grants-in-aid to any local authority or employer does not exceed:

(a) the amount spent by the State Government or any person specified by it in this behalf, or

(b) such amount as may be prescribed, whichever is less:

(b) such amount as may be prescribed, whichever is less:

Provided, however, that no grant-in-aid will be paid in respect of any such welfare measures and facilities if the amount spent on them is less than the sum allowed in this regard.

The central government provides grants and loans

Following proper appropriation by Parliament by law, the Central Government may give grants and loans to a Board in such amounts as the Government deems necessary.

Building and Other Construction Workers' Welfare Fund and its application

There shall be constituted by a Board a fund to be called the Building and other Construction Workers' Welfare Fund and there shall be credited thereto-:

(a) any grants and loans made to the Board by the Central Government under section 23;3

(b) all contributions made by the beneficiaries; and

(c) all sums received by the Board from such other sources as the Central Government may determine.

The Fund will be used to pay for:

(a) the Board's expenses in carrying out its activities under section 22; and

(b) the wages, allowances, and other remuneration of the Board's members, officers, and other employees.

c) expenses related to products and purposes authorized by this Act.

In no financial year will a Board's expenses for salaries, allowances, and other payments to its members, officers, and other staff, as well as for meeting other administrative expenses, exceed 5% of its total expenses for that financial year.

Budget

The Board shall compile its budget for the following financial year in such form and at such time each financial year as may be prescribed, detailing the estimated receipts and expenditures of the Board, and transmit it to the State Government and the Central Government.

Annual report

The Board shall compile its annual report, providing a comprehensive account of its actions during the preceding financial year, in such form and at such time each financial year as may be prescribed, and send a copy to the State Government and the Central Government.

Accounts and audit

The Board is responsible for keeping proper accounts and other related documents, as well as preparing an annual statement of accounts in the manner stipulated by the Comptroller and Auditor-General of India.

The Comptroller and Auditor-General of India, or any other person appointed by him in connection with the auditing of the Board's accounts under this Act, shall have the same rights, privileges, and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the auditing of the Government accounts, including the right to demand the production of books, accounts, connected vouchers, and other documents and papers and to inspect any of the officers of the Board under this Act.

The Comptroller and Auditor-General of India shall audit the Board's finances on an annual basis, and any expenses incurred in connection with such audit shall be due by the Board to the Comptroller and Auditor-General of India.

The board shall provide its audited copy of accounts and the auditor's report to the State Government before such date as may be stipulated. The State Government shall cause the annual report and auditor's report to be brought before the State Legislature as soon as possible after they are received.

CHAPTER VI

HOURS OF WORK, WELFARE MEASURES AND OTHER CONDITIONS OF SERVICE OF BUILDING WORKERS

Fixing hours for normal working day, etc.

By rules, the appropriate government may.-

(a) fix the number of hours that constitute a normal working day for a construction worker, including one or more specified intervals;

(b) provide for a day of rest for all construction workers once every seven days, with remuneration for such days of rest; and

(c) provide for payment of work on a day of rest at a rate not less than the overtime rate specified in section 29.

The provisions of sub-section (1) shall apply only to the extent and subject to the conditions that may be prescribed in relation to the following classes of building workers:

(a) persons engaged on urgent work, or in any emergency that could not have been foreseen or prevented;

(b) persons engaged in preparatory or complementary work that must be carried out outside the normal hours of work laid down in the rules;

(c) persons engaged in a work in the nature of preparatory or complementary work that must be carried out outside the normal hours of work laid down in the rules;

(d) persons engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces.

The government has been given the authority to set the number of hours a building worker works, to provide for a day of rest every seven days and to pay remuneration for such days of rest, and to pay work on a day of rest at a rate not less than the overtime rate.

Wages for working overtime

Any building worker who is compelled to work for more than the number of hours that constitute a typical working day is entitled to double his regular wage.

For the purposes of this provision, "ordinary rates of earnings" refers to a worker's basic wages plus any allowances to which he or she is currently entitled, except any bonus.

If a construction worker is compelled to work for more than the number of hours that constitute a normal working day on any given day, he is entitled to double his regular income.

Maintenance of registers and records

Every employer shall keep such registers and records as may be prescribed, detailing the building workers he employs, the work they perform, the number of hours of work that constitute a normal working day for them, the number of days of rest they are allowed in each period of seven days, the wages they are paid, the receipts they provide, and other information.

Every employer must post notifications in the required form including the prescribed particulars in the place where such workers may be engaged, in the manner prescribed.

By rules, the appropriate government may stipulate for the issuing of wage books or wage slips to building employees employed in an establishment, as well as the way in which entries in such wage books or wage slips shall be made and validated by the employer or his agent.

Employment of certain people in specific building or construction jobs is prohibited

No person who the employer knows or has reason to believe is deaf, has a defective vision, or has a giddiness tendency shall be required or allowed to work in any building or other construction operation that is likely to involve a risk of accident, either to the building worker or to any other person.

Any individual who is deaf, has poor vision, or has a giddiness tendency is not necessary or allowed to work in any building or other construction operation that is likely to result in an accident.

Drinking water

Every area where building or other construction activity is underway, the employer shall make appropriate preparations to provide and maintain a sufficient supply of clean drinking water at suitable points conveniently located for all employees employed therein.

All such sites shall be clearly designated Drinking Water in a language that is known by the majority of the people working there, and no such point shall be located within six meters of any washing station, urinal, or latrine.

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 my place where less than fifty persons are employed or where the latrines are connected to a water-borne sewage system.

Accommodation

For the duration that the building or other construction activity is in progress, the employer shall give all building employees employed by him with free temporary living accommodations on the job site or as close to it as practicable.

Separate cooking, bathing, washing, and lavatory facilities are required in the temporary housing supplied under subsection (1).

The employer shall, as soon as practicable after the building or other construction work is completed, cause the removal or demolition of the temporary structures erected by him for the purpose of providing living accommodation, cooking facilities, or other facilities to the building workers as required under subsection (1), and restore the ground to a level and clean condition.

If a Municipal Board or other local authority gives an employer my land for the purpose of providing temporary housing for construction workers under this section, he must return possession of the land in the same condition in which he received it as soon as possible after the construction work is completed.

Creches

A suitable room or rooms for the use of children under the age of six years of such female workers shall be supplied and maintained in every area where more than fifty female building workers are regularly employed.

Such rooms must:

(a) provide enough accommodation;

(b) be adequately lit and ventilated;

(c) be kept clean and sanitary; and

(d) be supervised by women who have received training in the care of children and infants.

First-aid

Every employer must provide such first-aid facilities as may be required in all locations where building or other construction work is performed.

Canteens

The appropriate Government may 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 required.

CHAPTER VII

SAFETY AND HEALTH MEASURES

Safety Committee and safety officers

In every establishment wherein five hundred or more building workers are ordinarily employed, the employer shall establish a Safety Committee consisting of such number of representatives of the employer and the building workers as the State Government may prescribe: Provided, however, that the number of persons representing the workers shall not be less than the number of persons representing the employer.

The employer must also appoint a safety officer in every establishment referred to in sub-section (1), who must have the credentials and perform the duties as required.

Notice of certain accidents

If an accident occurs in a workplace that results in death or bodily injury, and the person injured is unable to work for 48 hours or more immediately following the accident, or is of a nature that may be prescribed, the employer must notify the appropriate authority in such form and within such time as may be prescribed.

The authority referred to in sub-section (1) may conduct whatever investigation or inquiry it deems necessary after receiving a notice under that sub-section.

If a notification is sent under subsection (1) and the accident results in the death of five or more people, the authority must investigate the accident within one month of receiving the notice.

The authority of the appropriate government to enact rules governing the safety and health of construction personnel

By notification, the appropriate government may make rules governing the measures to be taken for the safety and health of construction workers in the course of their work, as well as the equipment and appliances that must be provided to them to ensure their safety, health, and protection while on the job.

Without limiting the generality of the foregoing power, such rules may provide for all or any of the following:

(a) a 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, from any part of a building, or from a ladder or other means of support; the provision of suitable and sufficient scaffolding at various stages when work cannot be safely done from the ground, from any part

(b) the precautions to be taken in connection with the demolition of the entire or any substantial part of a building or other structure under the supervision of a appropriate person 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 supervision of appropriate persons so that no one is injured;

(d) the erection, installation, usage, and maintenance of transporting equipment, such as locomotives, trucks, wagons, and other vehicles and trailers, as well as the appointment of appropriate drivers and operators;

e) the erection, installation, use, and maintenance of hoists, lifting appliances, and lifting gear, including periodic testing and examination and, where necessary, heat treatment, precautions to be taken when raising or lowering loads, restrictions on person carriage, and appointment of appropriate persons on hoists or other lifting appliances;

(f) adequate and appropriate illumination of every workplace and access thereto, of every location where hoists, lifting appliances, or lifting gears are being used to raise or lower objects, and of all apertures dangerous to building workers;

(g) the measures to be taken to avoid inhaling dust, fumes, gases, or vapours while grinding, cleaning, spraying, or manipulating only material, as well as the procedures to be taken to establish and maintain proper ventilation in every working place or restricted Spice;

(h) the precautions to be taken when stacking or unstacking materials or goods, stowing or unstowing them, or handling them;

(i) Machinery safeguarding, including the fencing of every flywheel, every moving part of the prime mover, and every part of transmission or other machinery, unless it is in such a position or of such construction as to be safe to every worker working only on the operations and as if it were securely fenced:

(j) the safe handling and operation of plant, including compressed air-operated tools and equipment:

(k) the precautions to be taken in the event of a fire;

(l) the maximum weight that workers can lift or move;

(m) the safe transportation of workers to and from any workplace by water, as well as the provision of methods for drowning rescue;

(n) the precautions to be taken to protect workers from live electric wires or apparatus, including electrical machinery and tools, as well as overhead wires;

(o) the use of safety nets, safety sheets, and safety belts when the nature or circumstances of the job require them;

(p) the standards to be followed with regard to scaffolding, ladders and stairs, lifting appliances, ropes, chains, and accessories, and earth moving equipment.

(q) the precautions to be taken when driving piles, working with concrete, working with hot asphalt, tar, or other similar substances, insulation work, demolition operations, excavation, subterranean construction, and material handling;

(r) the safety policy, that is, a policy referring to procedures to be taken to guarantee the safety and health of building employees, as well as administrative arrangements and related topics, to be framed by employers and contractors for tile operations in a building or other construction work:

(s) the information required to be sent to the Bureau of Indian Standards, created under the Bureau of Indian Standards Act, 1986 (63 of 1986), in connection with the use of any material or procedure covered by that Act in a building or other construction work:

t) providing and maintaining medical facilities for construction employees;

(u) any other matter relating to the safety and health of workers performing any of the operations in a building or other construction project.

Model guidelines for safety measures formulation

After considering the recommendations of the expert committee established under section n5, the Central Government may 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 (my such matter, the appropriate Government shall, to the extent practicable, conform to such model rules while making any rules in respect of that matter under section 40.

CHAPTER VIII

INSPECTING STAFF

Appointment of Director-General, Chief Inspector and Inspectors

By notification, the Central Government may appoint a Gazetted Officer of the Government as Director-General of Inspection, who will be responsible for establishing inspection standards and exercising the powers of an Inspector throughout India in relation to all establishments for which the Central Government is the appropriate government.

The State Government may appoint a Gazette Officer of the State Government as the Chief Inspector of Building and Construction Inspection, who shall be responsible for effectively carrying out the provisions of this Act in the State and shall 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.

By notification, the appropriate Government may appoint as many of its officers as it sees fit as Inspectors for the purposes of this Act, and may assign to them such local limits as it sees fit.

Every Inspector appointed under this section is subject to the general control and supervision 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 Director-or General's Chief Inspector's general control and supervision.

The Director-General, the Chief Inspector, and each Inspector are all considered public servants under section 21 of the Indian Penal Code (45 of 1860).

Powers of Inspectors

Within the local limits for which he is appointed, an Inspector may:

(a) enter, at all reasonable hours, any premises or place where building or other construction work is carried on, with such assistants (if any) being persons in the service of the Government or any local or other public authority as  he thinks fit, for the purpose of examining any register, record, or notices required to be kept or exhibited by or under this act and require the production thereof for inspection;.

(b) require any person giving out building or other construction work to any building worker to give any information that is in his power to give with respect to the names and addresses of the persons to, for, and whom the building or other construction work is given out or received, and with respect to the payments to

(c) require any person giving out building or other construction work to any building worker to give any information that is in his power to give with respect to the names and addresses of the persons to, for, and whom the building or other construction work

(d) seize or take copies of any register, wage record, or notices, or portions thereof, that he considers relevant in connection with an offence under this Act that he has reason to suspect the employer has committed; and

(e) exercise any other powers that may be prescribed.

For the purposes of this section, the Director-General or Chief Inspector, as the case may be, may hire experts or agencies with the necessary qualifications and experience, as well as on the terms and conditions that may be established.

Any person who is requested to produce any document or provide any information to an Inspector under sub-section (1) is regarded to be legally compelled to do so under sections 175 and 176 of the Indian Penal Code (45 of 1860).

Subsection (1) shall be subject to the requirements of the Code of Criminal Procedure, 1973 (2 of 1974), insofar as they apply to any search or seizure conducted under the authority of a warrant granted under section 94 of the said Code.

CHAPTER IX

SPECIAL PROVISIONS

Responsibility of employers

An employer is responsible for providing regular and proper monitoring of any building or other construction work in his establishment in order to ensure compliance with the provisions of this Act relating to safety and to take all reasonable precautions to avoid accidents.

It is the employer's responsibility to provide continual and proper supervision of any building or other construction work in order to ensure compliance with the Act's safety rules and to take all necessary precautions to avoid accidents.

Responsibility for payment of wages and compensation

An employer is responsible for paying the wages of each building worker he employs, and such payments must be paid on or before the date specified.

If a contractor fails to pay compensation to a building worker whom he employs when it is due, or fails to pay it in full, the employer shall be liable to make payment thereof, then, in the case of death or disablement of the building worker, the employer shall be liable to make payment of that compensation in full or the unpaid balance due in accordance with the provisions of the Workmen's Compensation Act, 1923 (8 of 1923), and recover the amount so paid if the building worker under any contract or as a debt payable by the contractor.

An employer is responsible for paying wages to each building worker he employs, and payments must be paid on or before the deadline. If the contractor fails to pay compensation or makes a partial payment, the employer is responsible for paying the compensation in full or the outstanding balance in the event of the death or disablement of the building worker, and is entitled to reclaim the amount paid from the contractor.

Notice of commencement of building or other construction work

An employer must 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 carried out, a written notice containing: (a) the name and situation of the place where the building or other construction work is proposed to be carried on;

(b) the name and address of the person who is undertaking the building or other construction work; and

(c) the name and address of the person who is undertaking the building or other construction work.

(d) the nature of the work involved and the facilities, including any plant and machinery, provided;

(e) the arrangements for storing 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 the 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) any other matters that may be prescribed.

If any of the particulars given under subsection (1) change, the employer must notify the Inspector within two days of the change.

Nothing in subsection (1) applies to any class of building or other construction activity that the appropriate Government may designate as emergent works by notification.

CHAPTER X

PENALTIES AND PROCEDURE

Penalty for failing to comply with safety-related provisions

Whoever violates the provisions of any rules made under section 40 is punishable by imprisonment for a term of up to three months, a fine of up to two thousand rupees, or both, and, in the case of a continuing contravention, an additional fine of up to one hundred rupees for each day during which the contravention continues after conviction for the first such contravention.

If a person who has been convicted of an offence punishable under sub-section (1) is found guilty of an offence involving a contravention or failure to comply with the same provision on a subsequent conviction, he shall be punished with imprisonment for a term not exceeding six months or a fine not less than five hundred rupees but not more than two thousand rupees, or both:

Provided, however, that no conviction made more than two years before the commission of the offence for which the person is subsequently convicted shall be taken into account for the purposes of this sub-section:

Provided further that the authority imposing the punishment, if convinced that extraordinary circumstances require such a course, may impose a fine of less than five hundred rupees after recording its reasons in writing.

Any violation of any rules governing the safety and health of construction workers is punishable by imprisonment for up to three months, a fine of up to two thousand rupees, or both.

If any person has been convicted of any offence cited above and is again guilty of an offence involving a contravention or failure to comply with the same provision, he shall be punished on a subsequent conviction with imprisonment up to six months, or with a fine of not less than five hundred rupees but not more than two thousand rupees.

Penalty for failure to give notice of the commencement of the building or other construction work

If an employer fails to give notice of the start of construction work under section 46, he may be sentenced to three months in prison, a fine of two thousand rupees, or both.

Failure to give notice of the start of construction work on a building or other structure can result in a three-month prison sentence, a fine of up to two thousand rupees, or both.

Penalty for obstructions

Whoever obstructs an Inspector in the performance of his duties under this Act, or refuses or willfully neglects to provide the Inspector with any reasonable facility for carrying out any inspection, examination, inquiry, or investigation authorised by or under this Act in relation to an establishment, shall be punished by imprisonment for a term not exceeding three months, or a fine not exceeding one thousand rupees, or both.

Whoever willfully refuses to produce any register or other document kept in pursuance of this Act on the demand of an Inspector, or who prevents, attempts to prevent, or does anything that 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 punished with imprisonment for a term up to three months, or a fine up to one thousand dollars, or both.

If any body (i) obstructs an Inspector in the performance of his duties, or refuses or willfully neglects to provide any reasonable facility to the Inspector for making any inspection, examination, inquiry, or investigation, (ii) refuses to produce any register or other document on the demand of an Inspector, or prevents or attempts to prevent any person from appearing before, or being examined by an Inspector, is punishable by imprisonment up to three months, or with fine up to one thousand rupees, or with both.

Penalty for other offences

Whoever violates any other provision of this Act or any rules made thereunder, or fails to comply with any provision of this Act or any rules made thereunder, shall be punished with a fine of up to one thousand rupees for each such contravention or failure, as the case may be, and in the case of a continuing contravention or failure, as the case may be, unless an express penalty is provided elsewhere after the conviction for the first such contravention or failure, an additional fine of up to one hundred rupees for each day that such contravention or failure continues.

If the contravention or failure relates to a matter for which the appropriate Government is the Central Government, a penalty under sub-section (1) may be imposed by the Director-General; and if the contravention or failure relates to a matter for which the appropriate Government is the State Government, a penalty under sub-section (1) may be imposed by the Chief Inspector.

No punishment shall be imposed unless the person concerned has received a written notice

(a) informing him of the grounds for imposing a penalty and informing him of the proposed penalty.

(b) providing him a reasonable chance to make a written representation against the imposition of the penalty indicated in the notice within such reasonable period as may be specified in the notice, and, if he so wants, of being heard in the case.

Without prejudice to any other provision of this Act, while exercising any powers under this section, 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), in respect of the following matters:-

a) summoning witnesses and requiring their attendance;

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.

Nothing 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 that other law, as the case may be, or from being subjected to any other or higher penalty or punishment than that provided for such offence by this section:

Provided, however, that no one be penalized twice for the same offence.

Where no express punishment is given for contravention or failure to comply with any provision of the Act or any rules issued there under, such contravention or failure is punishable by a fine of up to one thousand rupees for each such contravention or failure.

Following a conviction for the first contravention or failure, a continuing contravention or failure is punished by an additional punishment of up to one hundred rupees for each day that the contravention or failure persists.

Appeal

Any individual who is aggrieved by the imposition of a penalty under section 50 may file an appeal with the Central Government (a)where the penalty has been imposed by the Director-General, to the Central Government; (b) within three months of receiving notice of the penalty's imposition where the penalty has been imposed by the Chief Inspector, to the State Government,

Provided, however, that if the Central Government or the State Government, as the case may be, determines that the appellant was prevented from filing an appeal within the three-month period by sufficient reason, the appellant may file an appeal within another three-month period.

After giving the appellant an opportunity to be heard, if he so desires, and after conducting any additional inquiries it deems necessary, the appellate authority may issue an order confirming, modifying, or reversing the order appealed against, or it may remand the case with such directions as it deems appropriate for a new decision.

If a person is aggrieved by the imposition of a penalty under section 50, he may file an appeal with the Central Government, where the penalty is imposed by the Director General, or with the State Government, where the penalty is imposed by the Chief Inspector, within three months of receiving notice of the penalty's imposition.

If the appellant is unable to file an appeal within three months due to sufficient cause, the Government may grant an extension of three months to file the appeal.

Recovery of penalty

If a penalty imposed on a person under section 50 is not paid, the penalty may be recovered.

(i) the Director-General or, as the case may be, the Chief Inspector may deduct the amount so payable from any money owed to such person that 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 that are under his control; or (ii) the Director-General or, as the case may be, the Chief Inspector may deduct the amount so payable

(iii) if the amount due from such person cannot be recovered in the manner provided in clauses I and (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, resides, or conducts business, and the said Collector shall proceed to recover from such person upon receipt of such certificate.

Offences by companies

When a company commits an offence under this Act, every person who was in charge of, and responsible to, the company for the conduct of the company's business at the time the offence was committed, as well as the company, is deemed guilty of the offence and is liable to be prosecuted and punished accordingly:

Provided, however, that nothing in this sub-section shall make any such person liable to any punishment if he establishes that the offence was committed without his knowledge or that he used all reasonable efforts to prevent it.

Where any offence under this Act is committed by a company and it is proven that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary, or other officer of the company, such director, manager, secretary, or other officer shall be deemed guilty of that offence and shall be liable to be prosecuted and punished, notwithstanding anything contained in sub-section (1).

This part will be referred to as

(a) "company" refers to any legal entity, which includes a firm or other group of individuals; and

(b) "director" refers to a partner in a firm.

Cognizance of offences

No court shall take cognizance of any offence punishable under this Act unless it is based on a complaint:

(a) made by, or with the prior written sanction of, the Director-General or the Chief Inspector; or

(b) made by an office-bearer of a voluntary organization registered under the Societies Registration Act, 1860 (21 of 1860); or

(c) made by an office-bearer of a Metropolitan Magistrate or a Judicial Magistrate of any offence punished under this Act shall be tried in a court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class.

Limitation of prosecutions

No court shall take cognizance of an offence punishable under this Act unless the Director-General, Chief Inspector, an office-bearer of a voluntary organization, or, as the case may be, an office-bearer of any concerned trade union, receives a complaint within three months of the date on which the alleged commission of the offence came to the knowledge of the Director-General, Chief Inspector, an office-bearer of a voluntary organization, or, as the case may be

CHAPTER XI

MISCELLANEOUS

Delegation of powers

A Board may delegate, by general or special order, such of its powers and duties under this Act as it deems necessary 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.

Returns

Every Board shall provide the Central Government and the State Government with such returns as they may request from time to time.

Application of Act 8 of 1923 to building workers

The provisions of the Workmen's Compensation Act, 1923, shall apply to building workers insofar as they are applicable, as if the occupation to which this Act applies were included in the Second Schedule to that Act.

Actions performed in good faith are protected.

There shall be no litigation, prosecution, or other legal action brought against any person for anything done or intended to be done in good faith in accordance with this Act or any rule or order issued there under.

For any damage caused or likely to be caused by anything done or intended to be done in good faith in pursuance of this Act or any rule or order made or issued there under, no prosecution or other legal proceeding shall lie against the Government, any Board or Committees constituted under this Act, any member of such Board, any officer or employee of the Government or the Board, or any other person authorized by the Government or any Board or committee.

The ability of the central government to issue directives

The Central Government may make directions to the Government of any State or a Board regarding the implementation of any of the provisions of this Act in that State.

Power to remove difficulties

If any difficulty occurs in carrying out the provisions of this Act, the Central Government may, by order published in the official Gazette, make such provisions not conflicting with the provisions of this Act as it deems necessary or expedient for resolving the problem:

Provided, however, that no such order shall be made after the passage of two years from the date of the Act's enactment.

Every order made under this section must be brought before each House of Parliament as soon as possible after it is made.

Power to make rules

After consulting with the expert committee, the appropriate government may issue rules for carrying out the provisions of this Act through notification.

In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following:

(a) the number of persons to be appointed as members representing various interests on the Central Advisory Committee and the State Advisory Committees, the term of their office and other conditions of service, the procedure to be followed in the discharge of their functions, and the manner of filling vacancies under sub-section (3) of section 3 or, as the case may be, under sub-section (3) of section 4;

(b) the fees and allowances that may be paid to the members of the expert committee for attending its meetings under sub-section (2) of section 5;

(c) the form of application for the registration of an establishment, the levy of fees therefor and the particulars it may contain under sub-section (2) of section 7;

(d) the form of certificate of registration, the time within which and the conditions subject to which such certificate may be issued under sub-section (3) of section 7;

(e) the form in which the change in ownership or management or other particulars shall be intimated to the registering officer under sub-section (4) of section 7;

(f) the form on which an application for registration as a beneficiary shall be made under sub-section (2) of section 12;

(g) the document and fee that shall accompany the application under sub-section (3) of section 12;

(h) the registers that the Secretary of the Board shall cause to be maintained under sub-section of section 12;

(i) the benefits that may be given under sub-section (2) of section 14;

(j) the form in which register of beneficiaries shall be maintained under section 15:

(k) the Chairperson's and other members of the Board's terms and conditions of appointment, wages and other allowances due to them, and the way in which casual vacancies are filled under section 18's subsection (4);

(l) under sub-section (3) of section 19, the terms and conditions of service, as well as the salaries and allowances payable to the Secretary and other officials and employees of the Board;

(m) the date, time, and location of the Board's meeting, as well as the rules of procedure to be observed at such a meeting, including the quorum required for the transaction of business, as set forth in sub-section (1) of section 20;

(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 beneficiaries' dependents under clause (f), and other welfare measures that may be provided for under clause (h) of sub-section (1) of section 22;

o) the maximum amount of grants-in-aid that can be paid to local governments and employers Under clause (b) of sub-section (3) of section 22, the form in which and the time within which the Board's budget shall be prepared and forwarded to the Government; and

(p) the form in which and the time within which the Board's budget shall be prepared and forwarded to the Government under section 25;

(q) the form and time frame in which the Board's annual report must be submitted to the State Government and the Federal Government under section 26;

(r) the type of annual statement of accounts required by sub-section (1), as well as the date by which the audited copy of the accounts and the auditor's report must be provided by section 27's sub-section (4).

(s) the information necessary under section 28 sub-section (1), as well as the extent to which, and the conditions under which, the provisions of that sub-section apply to building workers under section 28 sub-section (2);

(t) the registers and records that must be kept by the employer, as well as the form in which they must be kept and the particulars that must be included therein under sub-section (1) of section 30;

(u) the form and manner in which a notice must be displayed, as well as the particulars that may be included therein under sub-section (2) of section 30;

(v) the distribution of wage books or wage slips to building employees and the method in which entries are to be made and validated in wage books or wage slips under sub-section (3) of section 30;

(w) the types of latrines and urinals that must be provided pursuant to section 33;

(x) the first-aid facilities that must be provided pursuant to section 36;

(y) the canteen facilities that must be provided pursuant to clause (a) of section 37; and

(z) the welfare measures that must be provided pursuant to section 37. Under section 37, clause (b);

(za) the number of employer and building worker representatives under section 38, sub-section (1), and the qualifications of safety officers and the tasks to be fulfilled by them under section 38, sub-section (2);

(zb) the form of accident notice, other matters to be provided in this regard, 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 an Inspector may exercise under clause (e) of sub-section (1) of section 43, and the qualifications and experience that experts or agencies employed under sub-section (2) of that section

(ze) the date on or before which wages shall be paid to a building worker under section 45;

(zf) any other matter that must or may be prescribed under clause I of sub-section (1) of section 46;

(zg) any other matter that must or may be prescribed.

Every rule made by the Central Government under this Act shall be laid before each House of Parliament as soon as possible after it is made, while it is in session for a total of thirty days, which may be divided into one session or two or more successive sessions, and if, before the expiration of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should be revoked, 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 will not affect the validity of anything done under that regulation earlier.

Every regulation made by the State Government under this Act must be brought before each House of the State Legislature, if the Legislature consists of two Houses, or before that House if the Legislature consists of one House, as soon as possible after it is made.

Saving of certain laws

Nothing in this Act affects the operation of any similar law in a State that provides welfare programs for building and other construction employees that are more beneficial than those provided for them by or under this Act.

Repeal and saving

The Third Ordinance (Regulation of Employment and Conditions of Service) for Building and Other Construction Workers, 1996 (Ord. 25 of 1996), is now abolished.

Whatever is done or any action taken under the said Ordinance shall be assumed to have been done or taken under the corresponding provisions of this Act, notwithstanding such repeal.

Returns under Labor Laws Online

The e-Return facility on the Shram Suvidha Portal was created to make it easier for businesses or employers to file labor law returns online.

The Unified Shram Suvidha Portal is designed to serve as a single point of contact for employers, employees, and law enforcement organizations, providing transparency to their daily interactions.

This is the official portal of the Ministry of Labor and Employment, Government of India, with the goal of providing Employers/Establishments and other stakeholders with a single point of access to Labor Return-related services.

Steps for submitting annual returns

The Annual Labor Return status list shows when you pick CLC(C) organization from the File Annual Return screen:

1. Choose the Annual Labor Returns Form that you want to use.

To file a CLC(C) yearly return, you must complete numerous forms that pertain to various labor acts.

Note: Employers who wish to file an Annual Return under the Contract Labor Act of 1970, the Minimum Wages Act of 1948, the Payment of Wages(Mine)Rules of 1956, the Payment of Wages(Railways)Rules of 1938, and the Payment of Wages(Air Transport Services)Rules of 1968 should only complete sections A to H.

When you click any of the acts, a popup window with vital information appears below. To complete the act form, select the confirm option.

2. Forms for the CLC Labor Acts

A: General Information

B. Form for Employer Registration

C. Principal Employer, Contractor, and Contractor Labor Information

D. Weekly Rest Day and Working Hours

E. The highest number of people employed on any given day during the year

Wage Rates

F.  Wage Rates (Category Wise)

G. Payment Information

H. Information on the various types of assistance available under the various legislative programs

I. Maternity Benefit Act and Rules Specifications

J. Specifics Concerning the BOCW Act and Rules

K. Bonus Payment Rules, 1975

L. Information on the Inter-State Migrant Worker Act and Regulations

M. Information on the Industrial Disputes Act and its Rules

3. Complete and submit annual labor returns

4. Take a look at the Acknowledgement

5. Upload Annual Returns that Have Been Signed

6. Check out the report

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Key takeaways

  • The Building and Other Construction Workers Act regulates the employment and working conditions of building and other construction workers, as well as their safety, health, and welfare, as well as other matters related to or incidental to their job.
  • The President was pleased to promulgate the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Ordinance, 1995 (Ordinance 14 of 1995) along with another Ordinance for the levy of a cess on the 3rd November, 1995, while Parliament was not in session and in light of the Government's urgency in meeting the longstanding demand for the aforesaid legislation.
  • The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Bill gained the President's assent on August 19, 1996, after passing both Houses of Parliament. It came on the Statute Book as THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996 (27 of 1996).
  • On December 1, 1995, the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Bill was introduced in Lok Sabha to replace the aforementioned Ordinance with an Act of Parliament.
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