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

ARRANGEMENT OF SECTIONS 
___________ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent, commencement and application. 
2.  Definitions. 

CHAPTER II 

THE ADVISORY COMMITTEES AND EXPERT COMMITTEES 

3.  Central Advisory Committee. 
4.  State Advisory Committee. 
5.  Expert committees. 

CHAPTER III 

REGISTRATION OF ESTABLISHMENTS 

6.  Appointment of registering officers. 
7.  Registration of establishments. 
8.  Revocation of registration in certain cases. 
9.  Appeal. 
10.  Effect of non-registration. 

CHAPTER IV 

REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES 

11.  Beneficiaries of the Fund. 
12.  Registration of building workers as beneficiaries. 
13.  Identity cards. 
14.  Cessation as a beneficiary. 
15.  Register of beneficiaries. 
16.  Contribution of building workers. 
17.  Effect of non-payment of contribution. 

CHAPTER V 

BUILDING AND OTHER CONSTRUCTION WORKERS’ WELFARE BOARDS 

18.  Constitution of State Welfare Boards. 
19.  Secretary and other officers of Boards. 
20.  Meetings of Boards. 
21.  Vacancies, etc., not to invalidate proceedings of the Boards. 
22.  Functions of the Boards. 
23.  Grants and loans by the Central Government. 
24.  Building and Other Construction Workers’ Welfare Fund and its application. 

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SECTIONS 

25.  Budget. 
26.  Annual report. 
27.  Accounts and audit. 

CHAPTER VI 

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

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 certain building or other construction work. 
32.  Drinking water. 
33.  Latrines and urinals. 
34.  Accommodation. 
35.  Creches. 
36.  First-aid 
37.  Canteens, etc. 

CHAPTER VII 

SAFETY AND HEALTH MEASURES 

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. 

CHAPTER VIII 

INSPECTING STAFF 

42.  Appointment of Director-General, Chief Inspector and Inspectors. 
43.  Powers of Inspectors. 

CHAPTER IX 

SPECIAL PROVISIONS 

44.  Responsibility of employers. 
45.  Responsibility for payment of wages and compensation. 
46.  Notice of commencement of building or other construction work. 

CHAPTER X 

PENALTIES AND PROCEDURE 

47.  Penalty for contravention of provisions regarding safety measures. 
48.  Penalty  for  failure  to  give  notice  of  the  commencement  of  the  building  or  other  construction 

work. 

49.  Penalty for obstructions. 
50.  Penalty for other offences. 
51.  Appeal. 
52.  Recovery of penalty. 

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SECTIONS 

53.  Offences by companies. 
54.  Cognizance of offences. 
55.  Limitation of prosecutions. 

CHAPTER XI 

MISCELLANEOUS 

56.  Delegation of powers. 
57.  Returns. 
58.  Application of Act 8 of 1923 to building workers. 
59.  Protection of action taken in good faith. 
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. 

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

ACT NO. 27 OF 1996 

[19th August, 1996.] 

An Act to regulate the employment and conditions of service of building and other construction 
workers  and  to  provide  for  their  safety,  health  and  welfare  measures  and  for  other  matters 
connected therewith or incidental thereto. 

BE it enacted by Parliament in the Forty-seventh Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1. Short title, extent, commencement and application.—(1) This Act may be  called the Building 

and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. 

(2) It extends to the whole of India. 

(3) It shall be deemed to have come into force on the 1st day of March, 1996. 

(4) It applies to every establishment which employs, or had employed on any day of the preceding 

twelve months, ten or more building workers in any building or other construction work. 

Explanation.—For the purposes of this sub-section, the building workers employed in different relays 
in a day either by the employer or the contractor shall be taken into account in computing the number of 
building workers employed in the establishment. 

2. Definitions.—(1) In this Act, unless the context otherwise requires,— 

(a) “appropriate Government” means,— 

(i) in relation to an establishment (which employs building workers either directly or through 
a contractor) in respect of which the appropriate Government under the Industrial Disputes Act, 
1947 (14 of 1947), is the Central Government, the Central Government; 

(ii)  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 Government; 

Explanation.—For  the  purposes  of  sub-clause  (ii),  “public  sector  undertaking”  means  any 
corporation  established  by  or  under  any  Central,  State  or  Provincial  Act  or  a  Government 
company  as  defined  in  section  617  of  the  Companies  Act,  1956  (1  of  1956)  which  is  owned, 
controlled or managed by the Central Government; 

(iii) in relation to any other establishment which employs building workers either directly or 

through a contractor, the Government of the State in which that other establishment is situate; 

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

(c) “Board” means a Building and Other Construction Workers’ Welfare Board constituted under 

sub-section (1) of section 18; 

(d) ”building or other construction work” means the construction, alteration, repairs, maintenance 
or demolition, of or, in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, 
drainage,  embankment  and  navigation  works,  flood  control  works  (including  storm  water  drainage 
works),  generation,  transmission  and  distribution  of  power,  water  works  (including  channels  for 
distribution  of  water),  oil  and  gas  installations,  electric  lines,  wireless,  radio,  television,  telephone, 
telegraph  and  overseas  communications,  dams,  canals,  reservoirs,  watercourses,  tunnels,  bridges, 
viaducts,  aqueducts,  pipelines,  towers,  cooling  towers,  transmission  towers  and  such  other  work  as 
may be specified in this behalf by the appropriate Government, by notification but does not include 

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any  building  or  other  construction  work  to  which  the  provisions  of  the  Factories  Act,  1948              
(63 of 1948), or the Mines Act, 1952 (35 of 1952), apply; 

(e) “building  worker”  means  a  person  who  is  employed  to  do  any  skilled,  semi-skilled  or 
unskilled,  manual,  supervisory,  technical  or  clerical  work  for  hire  or  reward,  whether  the  terms  of 
employment be expressed or implied, in connection with any building or other construction work but 
does not include any such person— 

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

(ii) who, being employed in a supervisory capacity, draws wages exceeding one thousand six 
hundred rupees per mensem or exercises, either by the nature of the duties attached to the office 
or by reason of the powers vested in him, functions mainly of a managerial nature; 

(f)  “Chief  Inspector”  means  the  Chief  Inspector  of  Inspection  of  Building  and  Construction 

appointed under sub-section (2) of section 42; 

(g)  “contractor” means a person who undertakes to produce a given result for any establishment, 
other than a mere supply of goods or articles of manufacture, by the employment of building workers 
or who supplies building workers for any work of the establishment; and includes a sub-contractor; 

(h) “Director-General” means the Director-General of Inspection appointed under sub-section (1) 

of section 42; 

(i) “employer”, in relation to an establishment, means the owner thereof, and includes,— 

(i) in relation to a building or other construction work carried on by or 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; 

(ii) in relation to a building or other construction work carried on by or on behalf of a local 
authority  or  other  establishment,  directly  without  any  contractor,  the  chief  executive  officer  of 
that authority or establishment; 

(iii) in relation to a building or other construction work carried on by or through a contractor, 

or by the employment of building workers supplied by a contractor, the contractor; 

(j)  “establishment” means any establishment belonging to, or under the control of, Government, 
any body corporate or firm, an individual or association or other body of individuals which or who 
employs building workers in any building or other construction work; and includes an establishment 
belonging  to  a  contractor,  but  does  not  include  an  individual  who  employs  such  workers  in  any 
building or construction work in relation to his own residence the total cost of such construction not 
being more than rupees ten lakhs; 

(k) “Fund”  means  the  Building  and  Other  Construction  Workers’  Welfare  Fund  of  a  Board 

constituted under sub-section (1) of section 24; 

(l) “notification” means a notification published in the Official Gazette; 

(m) “prescribed” means prescribed by rules made under this Act by the Central Government or, as 

the case may be, the State Government; 

(n) “wages”  shall  have  the  same  meaning  as  assigned  to  it  in  clause  (vi)  of  section  2  of  the 

Payment of Wages Act, 1936 (4 of 1936). 

(2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, 

be construed as a reference to the corresponding law, if any, in force in that area. 

CHAPTER II 

THE ADVISORY COMMITTEES AND EXPERT COMMITTEES 

3. Central Advisory Committee.—(1) The Central Government shall, as soon as may be, constitute 
a  Committee  to  be  called  the  Central  Building  and  Other  Construction  Workers’  Advisory  Committee 

5 

 
 
 
(hereinafter  referred  to  as the  Central  Advisory  Committee)  to  advise  the  Central  Government  on  such 
matters arising out of the administration of this Act as may be referred to it. 

(2) The Central Advisory Committee shall consist of— 

(a) a Chairperson to be appointed by the Central Government; 

(b) three Members of Parliament of whom two shall be elected by the House of the People and 

one by the Council of States—members; 

(c) the Director-General—member, ex officio; 

(d) such number of other members, not exceeding thirteen but not less than nine, as the Central 
Government  may nominate to represent the employers, building workers, associations of architects, 
engineers, accident insurance institutions and any other interests which, in the opinion of the Central 
Government, ought to be represented on the Central Advisory Committee. 

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

Provided  that  the  members  nominated  to  represent  the  building  workers  shall  not  be  less  than  the 

number of members nominated to represent the employers. 

(4)  It  is  hereby  declared  that  the  office  of  member  of  the  Central  Advisory  Committee  shall  not 

disqualify its holder for being chosen as, or for being, a Member of either House of Parliament. 

4. State Advisory Committee.—(1) The State Government shall constitute a committee to be called 
the State Building and Other Construction Workers’ Advisory Committee (hereinafter referred to as the 
State  Advisory  Committee)  to  advise  the  State  Government  on  such  matters  arising  out  of  the 
administration of this Act as may be referred to it. 

(2) The State Advisory Committee shall consist of— 

(a) a Chairperson to be appointed by the State Government; 

(b) two members of the State Legislature to be elected from the State Legislature—members; 

(c) a member to be nominated by the Central Government; 

(d) the Chief Inspector—member, ex officio; 

(e) such  number  of  other  members,  not  exceeding  eleven,  but  not  less  than  seven,  as  the  State 
Government  may nominate to represent the employers, building workers, associations of architects, 
engineers,  accident  insurance  institutions  and  any  other  interests  which,  in  the  opinion  of  the  State 
Government, ought to be represented on the State Advisory Committee. 

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

Provided that the number of members nominated to represent the building workers shall not be less 

than the number of members nominated to represent the employers. 

Maharashtra 

STATE AMENDMENT 

Amendment  of  section  4  of  27  of  1996.—In  section  4  of  the  Building  and  Other  Construction 
Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996), in its application 
to the State of Maharashtra, in sub-section (2), for clause (b), the following clause shall be substituted, 
namely:— 

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“(b) two members of the State Legislature, of whom  one shall be nominated by the Speaker of the 
State Legislative Assembly from amongst the members of the State Legislative Assembly and one by the 
Chairman of the State Legislative Council form amongst the members of the State Legislative Council.. 
members;”. 

[Vide Maharashtra Act 4 of 2016, s. 5]. 

5.  Expert  committees.—(1)  The  appropriate  Government  may  constitute  one  or  more  expert 
committees consisting of persons specially qualified in building or other construction work for advising 
that Government for making rules under this Act. 

(2) The  members  of the expert  committee  shall  be  paid  such  fees and  allowances  for  attending  the 

meetings of the committee as may be prescribed: 

Provided that no fee or allowances shall be payable to a member who is an officer of Government or 

of any body corporate established by or under any law for the time being in force. 

CHAPTER III 

REGISTRATION OF ESTABLISHMENTS 

6. Appointment of registering officers.—The appropriate Government may, by order notified in the 

Official Gazette,— 

(a) appoint  such  persons,  being  Gazetted  Officers  of  Government,  as  it  thinks  fit,  to  be  the 

registering officers for the purposes of this Act; and 

(b) define the limits within which a registering officer shall exercise the powers conferred on him 

by or under this Act. 

7. Registration of establishments.—(1) Every employer shall,— 

(a) in relation to an establishment to which this Act applies on its commencement, within a period 

of sixty days from such commencement; and 

(b) in relation to any other establishment to which this Act may be applicable at any time after 
such  commencement,  within  a  period  of  sixty  days  from  the  date  on  which  this  Act  becomes 
applicable to such establishment, 

make an application to the registering officer for the registration of such establishment: 

Provided that the registering officer may entertain any such application after the expiry of the periods 
aforesaid,  if  he  is  satisfied  that  the  applicant  was  prevented  by  sufficient  cause  from  making  the 
application within such period. 

(2) Every application under sub-section (1) shall be in such form and shall contain such particulars 

and shall be accompanied by such fees as may be prescribed. 

(3) After the receipt of an application under sub-section (1), the registering officer shall register the 
establishment and issue a certificate of registration to the employer thereof in such form and within such 
time and subject to such conditions as may be prescribed. 

(4)  Where,  after  the  registration  of  an  establishment  under  this  section,  any  change  occurs  in  the 
ownership or management or other prescribed particulars in respect of such establishment, the particulars 
regarding such change shall be intimated by the employer to the registering officer within thirty days of 
such change in such form as may be prescribed. 

8.  Revocation  of  registration  in  certain  cases.—If  the  registering  officer  is  satisfied,  either  on  a 
reference  made  to  him  in  this  behalf  or  otherwise,  that  the  registration  of  any  establishment  has  been 
obtained by misrepresentation or suppression of any material fact or that the provisions of this Act are not 
being complied with in relation to any work carried on by such establishment, or that for any other reason 
the  registration  has  become  useless  or  ineffective  and,  therefore,  requires  to  be  revoked,  he  may,  after 
giving an opportunity to the employer of the establishment to be heard, revoke the registration. 

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9. Appeal.—(1) Any person aggrieved by an order made under section 8 may, within thirty days from 
the date on which the order is communicated to him, prefer an appeal to the appellate officer who shall be 
a person nominated in this behalf by the appropriate Government: 

Provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty 

days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 

(2) On receipt of an appeal under sub-section (1), the appellate officer shall, after giving the appellant 
an  opportunity  of  being  heard,  confirm,  modify  or  reverse  the  order  of  revocation  as  expeditiously  as 
possible. 

10. Effect of non-registration.—No employer of an establishment to which this Act applies shall,— 

(a) in the  case  of  an  establishment required to be registered  under  section  7, but  which has  not 

been registered under that section; 

(b) in  the  case  of  an  establishment  the  registration  in  respect  of  which  has  been  revoked  under 
section 8 and no appeal has been preferred against such order of revocation under section 9 within the 
period  prescribed  for  the  preferring  of  such  appeal  or  where  an  appeal  has  been  so  preferred,  such 
appeal has been dismissed, 

employ  building  workers in  the  establishment  after the  expiry  of  the  period referred to in  clause (a)  or 
clause (b) of sub-section (1) of section 7, or after the revocation of registration under section 8 or after the 
expiry of the period for preferring an appeal under section 9 or after the dismissal of the appeal, as the 
case may be. 

CHAPTER IV 

REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES 

11.  Beneficiaries  of  the  Fund.—Subject  to  the  provisions  of  this  Act,  every  building  worker 
registered as a beneficiary under this Act shall be entitled to the benefits provided by the Board from its 
Fund under this Act. 

12.  Registration  of  building  workers  as  beneficiaries.—(1)  Every  building  worker  who  has 
completed eighteen years of age, but has not completed sixty years of age, and who has been engaged in 
any building or other construction work for not less than ninety days during the preceding twelve months 
shall be eligible for registration as a beneficiary under this Act. 

(2) An application for registration shall be made in such form, as  may be prescribed, to the officer 

authorised by the Board in this behalf. 

(3) Every application under sub-section (2) shall be accompanied by such documents together  with 

such fee not exceeding fifty rupees as may be prescribed. 

(4)  If  the  officer  authorised  by  the  Board  under  sub-section  (2)  is  satisfied  that  the  applicant  has 
complied with the provisions of this Act and the rules made thereunder, he shall register the name of the 
building worker as a beneficiary under this Act: 

Provided  that  an  application  for  registration  shall  not  be  rejected  without  giving  the  applicant  an 

opportunity of being heard. 

(5) Any person aggrieved by the decision under sub-section (4) may, within thirty days from the date 
of such decision, prefer an appeal to the Secretary of the Board or any other officer specified by the Board 
in this behalf and the decision of the Secretary or such other officer on such appeal shall be final: 

Provided that the Secretary or any other officer specified by the Board in this behalf may entertain the 
appeal  after  the  expiry  of  the  said  period  of  thirty  days  if  he  is  satisfied  that  the  building  worker  was 
prevented by sufficient cause from filing the appeal in time. 

(6) The Secretary of the Board shall cause to maintain such registers as may be prescribed. 

13.  Identity  cards.—(1)  The  Board  shall  give  to  every  beneficiary  an  identity  card  with  his 
photograph duly affixed thereon and with enough space for entering the details of the building or other 
construction work done by him. 

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(2)  Every  employer  shall  enter  in  the  identity  card  the  details  of  the  building  or  other  construction 

work done by the beneficiary and authenticate the same and return it to the beneficiary. 

(3)  A  beneficiary  who  has  been  issued  an  identity  card  under  this  Act  shall  produce  the  same 
whenever demanded by any officer of Government or the Board, any inspector or any other authority for 
inspection. 

14.  Cessation  as  a  beneficiary.—(1)  A  building  worker  who  has  been  registered  as  a  beneficiary 
under this Act shall cease to be as such when he attains the age of sixty years or when he is not engaged 
in building or other construction work for not less than ninety days in a year: 

Provided that in computing the period of ninety days under this sub-section, there shall be excluded 
any period of absence from the building or other construction work due to any personal injury caused to 
the building worker by accident arising out of and in the course of his employment. 

(2) Notwithstanding anything contained in sub-section (1), if a person had been a beneficiary for at 
least three years continuously immediately before attaining the age of sixty years, he shall be eligible to 
get such benefits as may be prescribed. 

Explanation.—For computing the period of three years as a beneficiary with a Board under this    sub-
section, there shall be added any period for which a person had been a beneficiary with any other Board 
immediately before his registration. 

15.  Register  of  beneficiaries.—Every  employer  shall  maintain  a  register  in  such  form  as  may  be 
prescribed  showing  the  details  of  employment  of  beneficiaries  employed  in  the  building  or  other 
construction  work  undertaken  by  him  and  the  same  may  be  inspected  without  any  prior  notice  by  the 
Secretary of the Board or any other officer duly authorised by the Board in this behalf. 

16.  Contribution  of  building  workers.—(1)  A  building  worker  who  has  been  registered  as  a 
beneficiary under this Act shall, until he attains the age of sixty years, contribute to the Fund at such rate 
per  mensem,  as  may  be  specified  by  the  State  Government,  by  notification  in  the  Official  Gazette  and 
different rates of contribution may be specified for different classes of building workers: 

Provided that the Board may, if satisfied that a beneficiary is unable to pay his contribution due to any 

financial hardship, waive the payment of contribution for a period not exceeding three months at a time. 

(2) A beneficiary may authorise his employer to deduct his contribution from his monthly wages and 

to remit the same, within fifteen days from such deduction, to the Board. 

17.  Effect  of  non-payment  of  contribution.—When  a  beneficiary  has  not  paid  his  contribution 
under sub-section (1) of section 16 for a continuous period of not less than one year, he shall cease to be a 
beneficiary: 

Provided that if the Secretary of the Board is satisfied that the non-payment of contribution was for a 
reasonable ground and that the building worker is willing to deposit the arrears, he may allow the building 
worker to deposit the contribution in arrears and on such deposit being made, the registration of building 
worker shall stand restored. 

BUILDING AND OTHER CONSTRUCTION WORKERS’ WELFARE BOARDS 

CHAPTER V 

18.  Constitution  of  State  Welfare  Boards.—(1)  Every  State  Government  shall,  with  effect  from 
such date  as it  may,  by  notification,  appoint,  constitute a  Board to  be  known as  the  ……  (name  of the 
State) Building and Other Construction Workers’ Welfare Board to exercise the powers conferred on, and 
perform the functions assigned to, it under this Act. 

(2) The  Board  shall  be  a  body  corporate  by  the  name  aforesaid,  having  perpetual  succession  and  a 

common seal and shall by the said name sue and be sued. 

(3) The Board shall consist of a chairperson, a person to be nominated by the Central Government 
and  such  number  of  other  members,  not  exceeding  fifteen,  as  may  be  appointed  to  it  by  the  State 
Government: 

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Provided  that  the  Board  shall  include  an  equal  number  of  members  representing  the  State 
Government, the employers and the building workers and that at least one member of the Board shall be a 
woman. 

(4)  The  terms  and  conditions  of  appointment  and  the  salaries  and  other  allowances  payable  to  the 
chairperson  and  the  other  members  of  the  Board,  and  the  manner  of  filling  of  casual  vacancies  of  the 
members of the Board, shall be such as may be prescribed. 

19. Secretary and other officers of Boards.—(1) The Board shall appoint a Secretary and such other 
officers and employees as it considers necessary for the efficient discharge of its functions under this Act. 

(2) The secretary of the Board shall be its chief executive officer. 

(3) The terms and conditions of appointment and the salary and allowances payable to the Secretary 

and the other officers and employees of the Board shall be such as may be prescribed. 

20. Meetings of Boards.—(1) The Board shall meet at such time and place and observe such rules of 
procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) 
as may be prescribed. 

(2) The chairperson or, if for any reason he is unable to attend a meeting of the Board, any member 
nominated  by  the  chairperson  in  this  behalf  and  in  the  absence  of  such  nomination,  any  other  member 
elected by the members present from amongst themselves at the meeting, shall preside at the meeting. 

(3) All questions which come up before any meeting of the Board shall be decided by a majority of 
votes of the members present and voting, and in the event of equality of votes, the chairperson, or in his 
absence, the person presiding, shall have a second or a casting vote. 

21.  Vacancies, etc., not  to  invalidate  proceedings  of  the  Boards.—No  act  or  proceedings  of  a 

Board shall be invalid merely by reason of— 

(a) any vacancy in, or any defect in the constitution of, the Board; or 

(b) any defect in the appointment of a person acting as a member of the Board; or 

(c) any irregularity in the procedure of the Board not affecting the merits of the case. 

22. Functions of the Boards.—(1) The Board may— 

(a) provide immediate assistance to a beneficiary in case of accident; 

(b) make payment of pension to the beneficiaries who have completed the age of sixty years; 

(c) sanction loans and advances to a beneficiary for construction of a house not exceeding such 

amount and on such terms and conditions as may be prescribed; 

(d) pay such amount in connection with premia  for Group Insurance Scheme of the beneficiaries 

as it may deem fit; 

(e) give  such  financial  assistance  for  the  education  of  children  of  the  beneficiaries  as  may  be 

prescribed; 

(f) meet  such  medical  expenses  for  treatment  of  major  ailments  of  a  beneficiary  or,  such 

dependant, as may be prescribed; 

(g) make payment of maternity benefit to the female beneficiaries; and 

(h) make  provision  and  improvement  of  such  other  welfare  measures  and  facilities  as  may  be 

prescribed. 

(2) The  Board  may  grant  loan  or  subsidy  to a local authority  or  an  employer in  aid  of  any  scheme 
approved by the State Government for the purpose connected with the welfare of building workers in any 
establishment. 

(3) The Board may pay annually grants-in-aid to a local authority or to an employer who provides to 
the satisfaction of the Board welfare measures and facilities of the standard specified by the Board for the 

10 

 
 
 
benefit of the building workers and the members of' their family, so, however, that the amount payable as 
grants-in-aid to any local authority or employer shall not exceed— 

(a) the  amount  spent  in  providing  welfare  measures  and  facilities  as  determined  by  the  State 

Government or any person specified by it in this behalf, or 

(b) such amount as may be prescribed, 

whichever is less: 

Provided that no grant-in-aid shall be payable in respect of any such welfare measures and facilities 
where the amount spent thereon determined as aforesaid is less than the amount prescribed in this behalf. 

23.  Grants  and  loans  by  the  Central  Government.—The  Central  Government  may,  after  due 
appropriation made by Parliament by law in this behalf, make to a Board grants and loans of such sums of 
money as the Government may consider necessary. 

24.  Building  and  Other  Construction  Workers’  Welfare  Fund  and  its  application.—(1)  There 
shall be constituted by a Board a fund to be called the Building and Other Construction Workers’ Welfare  

Fund and there shall be credited thereto— 

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

(b) all contributions made by the beneficiaries; 

(c) all  sums  received  by  the  Board  from  such  other  sources  as  may  be  decided  by  the  Central 

Government. 

(2) The Fund shall be applied for meeting— 

(a) expenses of the Board in the discharge of its functions under section 22; and 

(b) salaries, allowances and other remuneration of the members, officers and other employees of 

the Board; 

(c) expenses on objects and for purposes authorised by this Act. 

(3)  No  Board  shall,  in  any  financial  year,  incur  expenses  towards  salaries,  allowances  and  other 
remuneration  to  its  members,  officers  and  other  employees  and  for  meeting  the  other  administrative 
expenses exceeding five per cent. of its total expenses during that financial year. 

25 Budget.—The Board shall prepare, in such form and at such time each financial year, as may be 
prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the 
Board and forward the same to the State Government and the Central Government. 

26. Annual report.—The Board shall prepare, in such form and at such time each financial year as 
may be prescribed, its annual report, giving a full account of its activities during  the previous financial 
year, and submit a copy thereof to the State Government and the Central Government. 

27. Accounts and audit.—(1) The Board shall maintain proper accounts and other relevant records 
and prepare an annual statement of accounts in such form as may be prescribed in consultation with the 
Comptroller and Auditor-General of India. 

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

(3)  The  accounts  of  the  Board  shall  be  audited  by  the  Comptroller  and  Auditor-General  of  India 
annually and any expenditure incurred in connection with such audit shall be payable by the Board to the 
Comptroller and Auditor-General of India. 

11 

 
 
 
 
(4) The Board shall furnish to the State Government before such date as may be prescribed its audited 

copy of accounts together with the auditor's report. 

(5) The State Government shall cause the annual report and auditor's report to be laid, as soon as may 

be after they are received, before the State Legislature. 

CHAPTER VI 

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

28. Fixing hours for normal working day, etc.—(1) The appropriate Government may, by rules,— 

(a) fix the number of hours of work which shall constitute a normal working day for a building 

worker, inclusive of one or more specified intervals; 

(b) provide for a day of rest in every period of seven days which shall be allowed to all building 

workers and for the payment of remuneration in respect of such days of rest; 

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

in section 29. 

(2) The provisions of sub-section (1) shall, in relation to the following classes of building workers, 

apply only to such extent, and subject to such conditions, as may be prescribed, namely:— 

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

prevented; 

(b) persons engaged in a work in the nature of preparatory or complementary work which must 

necessarily be carried on outside the normal hours of work laid down in the rules; 

(c) persons engaged in any work which for technical reasons has to be completed before the day 

is over; 

(d) persons engaged  in a work  which could  not  be carried  on  except  at  times dependant  on the 

irregular action of natural forces. 

29. Wages for overtime work.—(1) Where any building worker is required to work on any day in 
excess of the number of hours constituting a normal working day, he shall be entitled to wages at the rate 
of twice his ordinary rate of wages. 

(2)  For  the  purposes  of  this  section,  “ordinary  rates  of  wages”  means  the  basic  wages  plus  such 

allowances as the worker is for the time being entitled to but does not include any bonus. 

30. Maintenance of  registers and records.—(1) Every employer shall maintain such registers and 
records giving such particulars of building workers employed by him, the work performed by them, the 
number of hours of work which shall constitute a normal working day for them,  a day of rest in every 
period of seven days which shall be allowed to them, the wages paid to them, the receipts given by them 
and such other particulars in such form as my be prescribed. 

(2)  Every  employer  shall  keep  exhibited,  in such  manner  as  may  be  prescribed, in  the  place  where 

such workers may be employed, notices in the prescribed form containing the prescribed particulars. 

(3) The appropriate Government may, by rules, provide for the issue of wage books or wage slips to 
building workers employed in an establishment and prescribe the manner in which entries shall be made 
and authenticated in such wage books or wage slips by the employer or his agent. 

31.  Prohibition  of  employment  of  certain  persons  in  certain  building  or  other  construction 
work.—No person about whom the employer knows or has reason to believe that he is a deaf or he has a 
defective  vision  or  he  has  a  tendency  to  giddiness  shall  be  required  or  allowed  to  work  in  any  such 
operation of building or other construction work which is likely to involve a risk of any accident either to 
the building worker himself or to any other person. 

32.  Drinking  water.—(1)  The  employer  shall  make  in  every  place  where  building  or  other 
construction  work  is  in  progress,  effective  arrangements  to  provide  and  maintain  at  suitable  points 
conveniently situated for all persons employed therein, a sufficient supply of wholesome drinking water. 

12 

 
 
 
(2) All such points shall be legibly marked “Drinking Water” in a language understood by a majority 
of  the  persons  employed  in  such  place  and  no  such  point  shall  be  situated  within  six  metres  of  any 
washing place, urinal or latrine. 

33. Latrines and urinals.—In every place where building or other construction work is carried on, 
the  employer  shall  provide  sufficient  latrine  and  urinal  accommodation  of  such  types  as  may  be 
prescribed and they shall be so conveniently situated as may be accessible to the building workers at all 
times while they are in such place: 

Provided that it shall not be necessary to provide separate urinals in any place where less than fifty 

persons are employed or where the latrines are connected to a water-borne sewage system. 

34. Accommodation.—(1) The employer shall provide, free of charges and within the work site or as 
near to it as may be possible, temporary living accommodation to all building workers employed by him 
for such period as the building or other construction work is in progress. 

(2) The temporary accommodation provided under sub-section (1) shall have separate cooking place, 

bathing, washing and lavatory facilities. 

(3) As soon as may be, after the building or other construction work is over, the employer shall, at his 
own  cost,  cause  removal  or  demolition  of  the  temporary  structures  erected  by  him  for  the  purpose  of 
providing  living  accommodation,  cooking  place  or  other  facilities  to  the  building  workers  as  required 
under sub-section (1) and restore the ground in good level and clean condition. 

(4) In case an employer is given any land by a Municipal Board or any other local authority for the 
purposes of providing temporary accommodation for the building workers under this section, he shall, as 
soon  as  may  be  after  the  construction  work  is  over,  return  the  possession  of  such  land  in  the  same 
condition in which he received the same. 

35.  Creches.—(1)  In  every  place  wherein,  more  than  fifty  female  building  workers  are  ordinarily 
employed, there shall be provided and maintained a suitable room or rooms for the use of children under 
the age of six years of such female workers. 

(2) Such rooms shall— 

(a) provide adequate accommodation; 

(b) be adequately lighted and ventilated; 

(c) be maintained in a clean and sanitary condition; 

(d) be under the charge of women trained in the care of children and infants. 

36. First-aid.—Every employer  shall provide in all the places where building or other construction 

work is carried on such first-aid facilities as may be prescribed. 

37. Canteens, etc.—The appropriate Government may, by rules, require the employer— 

(a) to provide and maintain in every place wherein not less than two hundred and fifty building 

workers are ordinarily employed, a canteen for the use of the workers; 

(b) to  provide  such  other  welfare  measures  for  the  benefit  of  building  workers  as  may  be 

prescribed. 

CHAPTER VII 

SAFETY AND HEALTH MEASURES 

38.  Safety  Committee  and  safety  officers.—(1)  In  every  establishment  wherein  five  hundred  or 
more  building  workers  are  ordinarily  employed,  the  employer  shall  constitute  a  Safety  Committee 
consisting  of  such  number  of  representatives  of  the  employer  and  the  building  workers  as  may  be 
prescribed by the State Government: 

Provided  that  the  number  of  persons  representing  the  workers,  shall,  in  no  case,  be  less  than  the 

persons representing the employer. 

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(2)  In  every  establishment  referred  to  in  sub-section  (1),  the  employer  shall  also  appoint  a  safety 

officer who shall possess such qualifications and perform such duties as may be prescribed. 

39. Notice of certain accidents.—(1) Where in any establishment an accident occurs which causes 
death or which causes any bodily injury by reason of which the person injured is prevented from working 
for a period of forty-eight hours or more immediately following the accident, or which is of such a nature 
as may be prescribed, the employer shall give notice thereof to such authority, in such form and within 
such time as may be prescribed. 

(2) On receipt of a notice under sub-section (1) the authority referred to in that sub-section may make 

such investigation or inquiry as it considers necessary. 

(3) Where a notice given under sub-section (1) relates to an accident causing death of five or more 
persons,  the  authority  shall  make  an  inquiry  into  such  accident  within  one  month  of  the  receipt  of  the 
notice. 

40.  Power  of  appropriate  Government  to  make  rules  for  the  safety  and  health  of  building 
workers.—(1) The appropriate Government may, by notification, make rules regarding the measures to 
be  taken  for  the  safety  and  health  of  building  workers  in  the  course  of  their  employment  and  the 
equipment  and  appliances  necessary  to  be  provided  to  them  for  ensuring  their  safety,  health  and 
protection, during such employment. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the safe means of access to, and the safety of, any working place, including the provision of 
suitable and sufficient scaffolding at various stages when work cannot be safely done from the ground 
or from any part of a building or from a ladder or such other means of support; 

(b) the precautions to be taken in connection with the demolition of the whole or any substantial 
part of a building or other structure under the supervision of a competent person and the avoidance of 
danger  from  collapse  of  any  building  or  other  structure  while  removing  any  part  of  the  framed 
building or other structure by shoring or otherwise; 

(c) the  handling  or  use  of  explosive  under  the  control  of  competent  persons  so  that  there  is  no 

exposure to the risk of injury from explosion or from flying material; 

(d) the  erection,  installation,  use  and  maintenance  of  transporting  equipment,  such  as 
locomotives, trucks, wagons and other vehicles and trailers and appointment of competent persons to 
drive or operate such equipment; 

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

(f) the  adequate  and  suitable  lighting  of  every  workplace  and  approach  thereto,  of  every  place 
where raising or lowering operations with the use of hoists, lifting appliances or lifting gears are in 
progress and of all openings dangerous to building workers employed; 

(g) the precautions to be taken to prevent inhalation of dust, fumes, gases or vapours during any 
grinding,  cleaning,  spraying  or  manipulation  of  any  material  and  steps  to  be  taken  to  secure  and 
maintain adequate ventilation of every working place or confined space; 

(h) the measures to be taken during stacking or unstacking, stowing or unstowing of materials or 

goods or handling in connection therewith; 

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

(j) the safe handling and use of plant, including tools and equipment operated by compressed air; 

14 

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

(l) the limits of weight to be lifted or moved by workers; 

(m) the safe transport of workers to or from any workplace by water and provision of means for 

rescue from drowning; 

(n) the  steps  to  be  taken  to  prevent  danger  to  workers  from  live  electric  wires  or  apparatus 

including electrical machinery and tools and from overhead wires; 

(o) the  keeping  of  safety  nets,  safety  sheets  and  safety  belts  where  the  special  nature  or  the 

circumstances of work render them necessary for the safety of the workers; 

(p) the standards to be complied with regard to scaffolding, ladders and stairs, lifting appliances, 

ropes, chains and accessories, earth moving equipments and floating operational equipments; 

(q) the precautions to be taken with regard to pile driving, concrete work, work with hot asphalt, 
tar  or  other  similar  things,  insulation  work,  demolition  operations,  excavation,  underground 
construction and handling materials; 

(r) the safety policy, that is to say, a policy relating to steps to be taken to ensure the safety and 
health  of  the  building  workers,  the  administrative  arrangements  therefor  and  the  matters  connected 
therewith,  to  be  framed  by  the  employers  and  contractors  for  the  operations  to  be  carried  on  in  a 
building or other construction work; 

(s) the  information  to  be  furnished  to  the  Bureau  of  Indian  Standards  established  under  the 
Bureau  of  Indian  Standards  Act,  1986  (63  of  1986),  regarding  the  use  of  any  article  or  process 
covered under that Act in a building or other construction work; 

(t) the provision and maintenance of medical facilities for building workers; 

(u) any other matter concerning the safety and health of workers working in any of the operations 

being carried on in a building or other construction work. 

41. Framing of model rules for safety measures.—The Central Government may, after considering 
the recommendation of the expert committee constituted under section 5, frame model rules in respect of 
all  or  any  of  the  matters  specified  in  section  40  and  where  any  such  model  rules  have  been  framed  in 
respect of any such matter, the appropriate Government shall, while making any rules in respect of that 
matter under section 40, so far as is practicable, conform to such model rules. 

CHAPTER VIII 

INSPECTING STAFF 

42.  Appointment  of  Director-General,  Chief  Inspector  and  Inspectors.—(1)  The  Central 
Government  may,  by  notification,  appoint  a  Gazetted  Officer  of  that  Government  to  be  the  Director-
General of Inspection who shall be responsible for laying down the standards of inspection and shall also 
exercise the powers of an Inspector throughout India in relation to all the establishments for which the 
Central Government is the appropriate Government. 

(2) The State Government may, by notification, appoint a Gazetted Officer of that Government to be 
the Chief Inspector of Inspection of Building and Construction who shall be responsible for effectively 
carrying  out  the  provisions  of  this  Act  in  the  State  and  shall  also  exercise  the  powers  of  an  Inspector 
under this Act throughout the State in relation to establishments for which the State Government is the 
appropriate Government. 

(3) The appropriate Government may, by notification, appoint such number of its officers as it thinks 
fit to be Inspectors for the purposes 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 subject to general control and supervision of the Director-General or the Chief Inspector. 

15 

 
 
 
(5)  The  Director-General,  the  Chief  Inspector  and  every  Inspector  shall  be  deemed  to  be  public 

servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). 

43. Powers of Inspectors.—(1) Subject to any rules made in this behalf, an Inspector may, within the 

local limits for which he is appointed,— 

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

(b) examine any person whom he finds in any such premises or place and who, he has reasonable 

cause to believe, is a building worker employed therein; 

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

(d) seize or take copies of such register, record of wages or notices or portions thereof as he may 
consider  relevant  in  respect  of  an  offence  under  this  Act  which  he  has  reason  to  believe  has  been 
committed by the employer; and 

(e) exercise such other powers as may be prescribed. 

(2) For the purposes of this section, the Director-General or the Chief Inspector, as the case may be, 
may  employ  experts  or  agencies  having  such  qualifications  and  experience  and  on  such  terms  and 
conditions as may be prescribed. 

(3) Any person required to produce any document or to give any information required by an Inspector 
under sub-section (1) shall be deemed to be legally bound to do so within the meaning of section 175 and 
section 176 of the Indian Penal Code (45 of 1860). 

(4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply 
to  such  search  or  seizure  under  sub-section  (1)  as  they  apply  to  any  search  or  seizure  made  under  the 
authority of a warrant issued under section 94 of the said Code. 

CHAPTER IX 

SPECIAL PROVISIONS 

44.  Responsibility  of  employers.—An  employer  shall  be  responsible  for  providing  constant  and 
adequate  supervision  of  any  building  or  other  construction  work  in  his  establishment  as  to  ensure 
compliance with the provisions of this Act relating to safety and for taking all practical steps necessary to 
prevent accidents. 

45. Responsibility for payment of wages and compensation.—(1) An employer shall be responsible 
for  payment  of  wages  to  each  building  worker  employed  by  him  and  such  wages  shall  be  paid  on  or 
before such date as may be prescribed. 

(2)  In  case  the  contractor  fails  to  make  payment  of  compensation  in  respect  of  a  building  worker 
employed by him, where he is liable to make such payment when due, or makes short payment thereof, 
then,  in  the  case  of  death  or  disablement  of  the  building  worker,  the  employer  shall  be  liable  to  make 
payment of that compensation in full or the unpaid balance due in accordance with the provisions of the 
Workmen's  Compensation  Act,  1923  (8  of  1923),  and  recover  the  amount  so  paid  from  the  contractor 
either by deduction from any amount payable to the contractor under any contract or as a debt payable by 
the contractor. 

46. Notice of commencement of building or other construction work.—(1) An employer shall, at 
least thirty days before the commencement of any building or other construction work, send or cause to be 
sent  to  the  Inspector  having  jurisdiction  in  the  area  where  the  proposed  building  or  other  construction 
work is to be executed, a written notice containing— 

16 

 
 
 
(a) the name and situation of the place where the building or other construction work is proposed 

to be carried on; 

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

work; 

(c) the address to which communications relating to the building or other construction work may 

be sent; 

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

provided; 

(e) the  arrangements  for  the  storage  of  explosives,  if  any,  to  be  used  in  the  building  or  other 

construction work; 

(f) the  number  of  workers  likely  to  be  employed  during  the  various  stages  of  building  or  other 

construction work; 

(g) the name and designation of the person who will be in overall charge of the building or other 

construction work at the site; 

(h) the approximate duration of the work; 

(i) such other matters as may be prescribed. 

(2) Where any change occurs in any of the particulars furnished under sub-section (1), the employer 

shall intimate the change to the Inspector within two days of such change. 

(3)  Nothing  contained  in  sub-section  (1)  shall  apply  in  case  of  such  class  of  building  or  other 

construction work as the appropriate Government may by notification specify to be emergent works. 

CHAPTER X 

PENALTIES AND PROCEDURE 

47. Penalty for contravention of provisions regarding safety measures.—(1) Whoever contravenes 
the provisions of any rules made under section 40 shall be punishable with imprisonment for a term which 
may extend to three months, or with fine which may extend to two thousand rupees, or with both, and in 
the case of a continuing contravention, with an additional fine which may extend to one hundred rupees 
for every day during which such contravention continues after conviction for the first such contravention. 

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

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

Provided  further  that  the  authority  imposing  the  penalty,  if  it  is  satisfied  that  there  are  exceptional 
circumstances warranting such a course may, after recording its reasons in writing, impose a fine of less 
than five hundred rupees. 

48. Penalty for failure to give notice of the commencement of the building or other construction 
work.—Where  an  employer  fails  to  give  notice  of  the  commencement  of  the  building  or  other 
construction  work  under  section  46,  he  shall  be  punishable  with  imprisonment  for  a  term  which  may 
extend to three months, or with fine which may extend to two thousand rupees, or with both. 

49.  Penalty  for  obstructions.—(1)  Whoever  obstructs  an  Inspector  in  the  discharge  of  his  duties 
under this Act or refuses or wilfully neglects to afford the Inspector any reasonable facility for making 
any  inspection,  examination,  inquiry  or  investigation  authorised  by  or  under  this  Act  in  relation  to  an 
establishment  shall  be  punishable  with  imprisonment  for  a  term  which  may  extend  to  three  months,  or 
with fine which may extend to one thousand rupees, or with both. 

17 

 
 
 
(2)  Whoever  wilfully  refuses  to  produce  on  the  demand  of  an  Inspector  any  register  or  other 
document kept in pursuance of this Act or prevents or attempts to prevent or does anything which he has 
reason  to  believe  is  likely  to  prevent  any  person  from  appearing  before,  or  being  examined  by,  an 
Inspector  acting  in  pursuance  of  his  duties  under  this  Act  shall  be  punishable  with  imprisonment  for  a 
term which may extend to three months, or with fine which may extend to one thousand rupees, or with 
both. 

Jammu and Kashmir and Ladakh (UTs).— 

Insertion of new section—After section 49, insert- 

STATE AMENDMENT 

49A.  Compounding  of  offences.—(1)  Any  offence  punishable  under  sections  47,  48  and  49  may, 
either  before  or  after  the  institution  of  the  prosecution,  on  an  application  by  the  alleged  offender,  be 
compounded  by  payment  of  compounding  amount  not  more  than  fifty  thousand  by  such  officer  or 
authority  as  the  appropriate  Government  may,  by  notification  in  the  Official  Gazette,  specify  in  this 
behalf: 

Provided that the appropriate Government may, by notification in the Official Gazette, amend the said 

specified compounding amount: 

Provided further that the offences of the same nature committed by the same offender for more than 

three occasions shall not be compoundable: 

Provided also that such offences shall be compounded only after the alleged offender has acted to the 

satisfaction of such officer or authority that such offence is not continued any further: 

(2)  Where  an  offence  has  been  compounded  under  sub-section  (1),  no  further  proceedings  shall  be 
taken against the offender in respect of such offence and the offender, if in custody, shall be released or 
discharged. 

[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 3774(E), dated (23-10-2020) and Vide Union Territory of Jammu and Kashmir Reorganisation 
(Adaptation of Central Laws) Order, 2020, notification No. S.O. 3465(E), dated (5-10-2020).] 

50.  Penalty  for  other  offences.—(1)  Whoever  contravenes  any  other  provision  of  this  Act  or  any 
rules made thereunder or who fails to comply with any provision of this Act or any rules made thereunder 
shall,  where  no  express  penalty  is  elsewhere  provided  for  such  contravention  or  failure,  be  punishable 
with fine which may extend to one thousand rupees for  every such contravention or failure, as the case 
may be, and in the case of a continuing contravention or failure, as the case may be, with an additional 
fine which may extend to one hundred rupees for every day during which such contravention or failure 
continues after the conviction for the first such contravention or failure. 

(2) A penalty under sub-section (1) may be imposed— 

(a) by  the  Director-General  where  the  contravention  or  failure  relates  to  a  matter  to  which  the 

appropriate Government is the Central Government; and 

(b) by  the  Chief  Inspector  where  the  contravention  or  failure  relates  to  a  matter  to  which  the 

appropriate Government is the State Government. 

(3) No penalty shall be imposed unless the person concerned is given a notice in writing— 

(a) informing him of the grounds on which it is proposed to impose a penalty; and 

(b) giving  him  a  reasonable  opportunity  of  making  a  representation  in  writing  within  such 
reasonable time as may be specified in the notice against the imposition of penalty mentioned therein, 
and, if he so desires, of being heard in the matter. 

(4) Without prejudice to any other provision contained in this Act, the Director-General and the Chief 
Inspector shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908), 
while exercising any powers under this section, in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of witnesses; 

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(b) requiring the discovery and production of any document; 

(c) requisitioning any public record or copy thereof from any court or office; 

(d) receiving evidence on affidavits; and 

(e) issuing commissions for the examination of witnesses or documents. 

(5) Nothing contained in this section shall be construed to prevent the person concerned from being 
prosecuted under any other provision of this Act or any other law for any offence made punishable by this 
Act or by that other law, as the case may be, or for being liable under this Act or any such law to any 
other or higher penalty or punishment than is provided for such offence by this section: 

Provided that no person shall be punished twice for the same offence. 

51. Appeal.—(1) Any person aggrieved by the imposition of any penalty under section 50 may prefer 

an appeal— 

(a) where the penalty has been imposed by the Director-General, to the Central Government; 

(b) where the penalty has been imposed by the Chief Inspector, to the State Government, 

within a period of three months from the date of communication to such person of the imposition of such 
penalty: 

Provided  that  the  Central  Government  or  the  State  Government,  as  the  case  may  be,  may,  if  it  is 
satisfied  that  the  appellant  was  prevented  by  sufficient  cause  from  preferring  an  appeal  within  the 
aforesaid  period  of  three  months,  allow  such  appeal  to  be  preferred  within  a  further  period  of  three 
months. 

(2)  The  appellate  authority  may,  after  giving  the  appellant  an  opportunity  of  being  heard,  if  he  so 
desires, and after making such further inquiry, if any, as it may consider necessary, pass such order as it 
thinks fit confirming, modifying or reversing the order appealed against or may send back the case with 
such directions as it may think fit for a fresh decision. 

52. Recovery of penalty.—Where any penalty imposed on any person under section 50 is not paid,— 

(i) the  Director-General  or,  as  the  case  may  be,  the  Chief  Inspector  may  deduct  the  amount  so 

payable from any money owing to such person which may be under his control; or 

(ii) the Director-General or, as the case may be, the Chief Inspector may recover the amount so 

payable by detaining or selling the goods belonging to such person which are under his control; or 

(iii) if the amount cannot be recovered from such person in the manner provided in clause (i) or 
clause (ii), the Director-General or, as the case may be, the Chief Inspector may prepare a certificate 
signed by him specifying the amount due from such person and send it to the Collector of the district 
in which such person owns any property or resides or carries on his business and the said Collector, 
on  receipt  of  such  certificate  shall  proceed  to  recover  from  such  person  the  amount  specified 
thereunder as if it were an arrear of land revenue. 

53.  Offences  by  companies.—(1)  Where  an  offence  under  this  Act  has  been  committed  by  a 
company,  every  person  who,  at  the  time  the  offence  was  committed,  was  in  charge  of,  and  was 
responsible to, the company for the conduct of the business of the company, as well as the company, shall 
be  deemed  to  be  guilty  of  the  offence  and  shall  be  liable  to  be  proceeded  against  and  punished 
accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment, if he proves that the offence was committed without his knowledge or that he had exercised 
all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance  of,  or  is attributable  to  any  neglect  on the  part  of  any  director,  manager,  secretary  or  other 
officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of 
that offence and shall be liable to be proceeded against and punished accordingly. 

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Explanation.—For the purposes of this section,— 

(a) ”company” means any body corporate and includes a firm or other association of individuals; 

and 

(b) ”director”, in relation to a firm, means a partner in the firm. 

54. Cognizance of offences.—(1) No court shall take cognizance of any offence punishable under this 

Act except on a complaint— 

(a) made  by,  or  with  the  previous  sanction  in  writing  of,  the  Director-General  or  the  Chief 

Inspector; or 

(b) made  by  an  office-bearer  of  a  voluntary  organisation  registered  under  the  Societies 

Registration Act, 1860 (21 of 1860); or 

(c) made by an office-bearer of any concerned trade union registered under the Trade Unions Act, 

1926 (16 of 1926). 

(2)  No  court  inferior to  that  of a  Metropolitan  Magistrate or  a Judicial  Magistrate  of  the  first  class 

shall try any offence punishable under this Act. 

55. Limitation of prosecutions.—No court shall take congizance of an offence punishable under this 
Act  unless  the  complaint  thereof  is  made  within  three  months  from  the  date  on  which  the  alleged 
commission  of  the  offence  came  to  the  knowledge  of  the  Director-General,  the  Chief  Inspector,  an            
office-bearer of a voluntary organisation or, as the case may be, an office-bearer of any concerned trade 
union. 

CHAPTER XI 

MISCELLANEOUS 

56. Delegation of powers.—A Board may, by general or special order, delegate to the Chairperson or 
any  other  member  or  to  the  Secretary  or  any  other  officer  or  employee  of  the  Board,  subject  to  such 
conditions and limitations, if any, as may be specified in the order, such of its powers and duties under 
this Act as it may deem necessary. 

57. Returns.—Every Board shall furnish from time to time to the Central Government and to the State 

Government such returns as they may require. 

58.  Application  of  Act  8  of  1923  to  building  workers.—The  provisions  of  the  Workmen's 
Compensation Act, 1923, shall so far as may be, apply to building workers as if the employment to which 
this Act applies had been included in the Second Schedule to that Act. 

59.  Protection  of  action  taken  in  good  faith.—(1)  No  suit,  prosecution  or  other  legal  proceeding 
shall lie against any person for anything which is in good faith done or intended to be done in pursuance 
of this Act or any rule or order made thereunder. 

(2)  No  prosecution  or  other  legal  proceeding  shall  lie  against  the  Government,  any  Board  or 
Committees constituted under this Act or any member of such Board or any officer or employee of the 
Government or the Board or any other person authorised by the Government or any Board or committee, 
for any damage caused or likely to be caused by anything which is in good faith done or intended to be 
done in pursuance of this Act or any rule or order made or issued thereunder. 

60.  Power  of  Central  Government  to  give  directions.—The  Central  Government  may  give 
directions to the Government of any State or to a Board as to the carrying into execution in that State of 
any of the provisions of this Act. 

61. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this 
Act, the Central Government may, by order published in the Official Gazette, make such provisions not 
inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the 
difficulty: 

Provided  that  no  such  order  shall  be  made  after  the  expiry  of  two  years  from  the  date  of 

commencement of this Act. 

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(2) Every order made under this section shall, as soon as may be after it is made, be laid before each 

House of Parliament. 

62. Power to make rules.—(1) The appropriate Government may, after consultation with the expert 

committee, by notification, make rules for carrying out the provisions of this Act. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

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

(b) the  fees  and  allowances  that  may  be  paid  to  the  members  of  the  expert  committee  for 

attending its meetings under sub-section (2) of section 5; 

(c) the form of application for the registration of an establishment, the levy of fees therefor and 

the particulars it may contain under sub-section (2) of section 7; 

(d) the  form  of  certificate  of  registration,  the  time  within  which  and  the  conditions  subject  to 

which such certificate may be issued under sub-section (3) of section 7; 

(e) the  form  in  which  the  change  in  ownership  or  management  or  other  particulars  shall  be 

intimated to the registering officer under sub-section (4) of section 7; 

(f) the  form  in  which  an  application  for  registration  as  a  beneficiary  shall  be  made  under          

sub-section (2) of section 12; 

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

section 12; 

(h) the  registers  which  the  Secretary  of  the  Board  shall  cause  to  be  maintained  under                

sub-section (6) of section 12; 

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

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

(k) the terms and conditions of appointment, the salaries and other allowances payable to, and the 
manner  of  filling  of  casual  vacancies  of,  the  Chairperson  and  other  members  of  the  Board  under    
sub-section (4) of section 18; 

(l) the terms and conditions of service and the salaries and allowances payable to the Secretary 

and the other officers and employees of the Board under sub-section (3) of section 19; 

(m) the time and place of the meeting of the Board and the rules of procedure to be followed at 
such meeting under sub-section (1) of section 20 including quorum necessary for the transaction of 
business; 

(n) the  amount  payable  as  house  building  loans  or  advances,  the  terms  and  conditions  of  such 
payment under clause (c), educational assistance under clause (e), medical expenses payable and the 
persons  who  shall  be  the  dependent  of  the  beneficiaries  under  clause  (f),  and  the  other  welfare 
measures for which provision may be made under clause (h), of sub-section (1) of section 22; 

(o) the limits of grants-in-aid payable to the local authorities and employers  under clause (b) of 

sub-section (3) of section 22; 

(p) the form in which and the time within which the budget of the Board shall be prepared and 

forwarded to Government under section 25; 

(q) the form in which and the time within which the annual report of the Board shall be submitted 

to the State Government and the Central Government under section 26; 

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(r) the form of annual statement of accounts under sub-section (1), and the date before which the 
audited copy of the accounts together with the auditor's report shall be furnished under sub-section (4) 
of section 27: 

(s) the matters required to be provided under sub-section (1) of section 28 and the extent up to 
which,  and  the  conditions  subject  to  which,  the  provisions  of  that  sub-section  shall  apply  to  the 
building workers under sub-section (2) of that section; 

(t) the registers and records that shall be maintained by the employer and the form in which such 
registers and records shall be maintained and the particulars to be included therein under sub-section 
(1) of section 30; 

(u) the form and manner in which a notice shall be exhibited and the particulars it may contain 

under sub-section (2) of section 30; 

(v) the issue of wage books or wage slips to building workers and the manner in which entries are 

to be made and authenticated in wage books or wage slips under sub-section (3) of section 30; 

(w) the types of latrines and urinals required to be provided under section 33; 

(x) the first-aid facilities which are to be provided under section 36; 

(y) the canteen facilities which are to be provided under clause (a) of section 37; 

(z) the welfare measures which are to be provided under clause (b) of section 37; 

(za) the number of representatives of the employer and the building workers under sub-section (1) 
of section 38 and the qualifications of safety officers and  the duties to be performed by them under 
sub-section (2) of that section; 

(zb)  the  form  of  a  notice  of  accident,  other  matters  to  be  provided  in  this  behalf  and  the  time 

within which such notice shall be given under sub-section (1) of section 39; 

(zc) the rules to be made for the safety and health of building workers under section 40; 

(zd)  the  powers  that  may  be  exercised  by  an  Inspector  under  clause  (e)  of  sub-section  (1)  of 
section  43  and  the  qualifications  and  experience  which  the  experts  or  agencies  employed  under     
sub-section (2) of that section shall possess and the terms and conditions on which such experts or 
agencies may be employed; 

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

(zf)  the  matters  which  are  required  to  be  prescribed  under  clause  (i)  of  sub-section  (1)  of     

section 46; 

(zg) any other matter which is required to be, or may be, prescribed. 

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it 
is made, before each House of Parliament, while it is in session for a total period of thirty days which may 
be comprised in one session or in two or more successive sessions, and if, before the expiry of the session 
immediately following the session or the successive sessions aforesaid, both Houses agree in making any 
modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter 
have effect only in such modified form or be of no effect, as the case may be; so, however, that any such 
modification or annulment shall be without prejudice to the validity of anything previously done under 
that rule. 

(4) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is 
made,  before  each  House  of  the  State  Legislature  where  it  consists  of  two  Houses,  or,  where  such 
Legislature consists of one House, before that House. 

63.  Saving  of  certain  laws.—Nothing  contained  in  this  Act  shall  affect  the  operation  of  any 
corresponding  law  in  a  State  providing  welfare  schemes  which  are  more  beneficial  to  the  building  and 
other construction workers than those provided for them by or under this Act. 

22 

 
 
 
64.  Repeal  and  saving.—(1)  The  Building  and  Other  Construction  Workers  (Regulation  of 

Employment and Conditions of Service) Third Ordinance, 1996 (Ord. 25 of 1996), is hereby repealed. 

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be 

deemed to have been done or taken under the corresponding provisions of this Act. 

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