Building and Other Construction Workers Act, 1996
The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 is 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.
- The act extends to the whole of India
- It came into force on 1st March 1996
1) The Act applies to every establishment which employs or had employed ten or more building workers in any building or other construction work on any day of the preceding twelve months.
2) Building worker (Section 2(e)) refers to a person who is employed to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, in connection with any building or other construction work.
- The terms of employment may be expressed or implied.
3) Building worker does not include a person:
- Who is employed mainly in a managerial or administrative capacity.
- Who is employed in a supervisory capacity, drawing wages exceeding one thousand six hundred rupees per month or exercises functions that are mainly managerial in nature.
4) Establishment (Section 2(j)) refers to the following:
- Any establishment belonging to, or under the control of, Government.
- Any establishment belonging to 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.
- An establishment belonging to a contractor.
- It 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.
5) The Central Building and Other Construction Workers’ Advisory Committee (Central Advisory Committee) shall be constituted by the central government to advise it regarding the administration of this act. The composition of the committee is as follows:
- A chairperson to be appointed by the Central Government.
- Three Members of Parliament of whom two shall be elected by the House of the People and one by the Council of States.
- The Director-General (ex officio member).
- The Central Government may nominate such a number of other members, not exceeding thirteen but not less than nine to represent the employers, building workers, associations of architects, engineers, accident insurance institutions and any other interests.
6) The State Building and Other Construction Workers’ Advisory Committee (State Advisory Committee) shall be constituted by the state government to advise it regarding the administration of this act. The composition of the state advisory committee is as follows:
- A chairperson to be appointed by the State Government.
- Two members of the State Legislature to be elected from the State Legislature.
- A member to be nominated by the Central Government.
- The Chief Inspector (ex officio member).
- The State Government may nominate such a number of other members, not exceeding eleven, but not less than seven to represent the employers, building workers, associations of architects, engineers, accident insurance institutions and any other interests.
7) In both the Central and State Committees, the members nominated to represent the building workers shall not be less than the number of members nominated to represent the employers.
8) Section 5 of the act is regarding expert committees. As per this section, one or more expert committees shall be constituted by the appropriate government.
- It shall consist of persons specially qualified in building or other construction work to advise that government for making rules under this act.
9) An application shall be made by the employer to the registering officer for the registration of an establishment:
- Within sixty days from its commencement, if the act applies on its commencement.
- Within sixty days from the date on which this act becomes applicable, if the act may be applicable at any time after such commencement.
10) To be eligible for getting registered as a beneficiary under this act, a building worker should have completed eighteen years of age but should not have completed sixty years of age.
- The building worker should be engaged in any building or other construction work for not less than ninety days during the preceding twelve months.
- An application for registration in the prescribed form shall be made to the authorized officer.
- The application shall be accompanied by required documents and with the prescribed fee not exceeding fifty rupees.
11) To perform the functions assigned under this act, every State Government shall constitute a Building and Other Construction Workers’ Welfare Board. The composition shall consist of:
- A chairperson.
- A person nominated by the Central Government.
- Other members not exceeding fifteen, appointed by the State Government.
12) The Board shall include an equal number of members representing the State Government, the employers and the building workers.
- At least one member of the Board shall be a woman.
13) For the efficient discharge of its functions, the Board shall appoint a secretary and such other officers and employees as it considers necessary.
- The secretary of the Board shall be its chief executive officer.
14) Effective arrangements shall be made by the employer to provide and maintain drinking water at suitable points and no such point shall be situated within six metres of any washing place, urinal or latrine.
15) Suitable rooms for the use of children under the age of six years shall be provided and maintained in every place wherein, more than fifty female building workers are ordinarily employed.
16) The employer shall provide and maintain canteens for the use of workers as per the rules framed by the appropriate government, wherein not less than two hundred and fifty building workers are ordinarily employed, according to the rules framed by the appropriate government.
17) A safety committee shall be constituted in every establishment wherein five hundred or more building workers are ordinarily employed.
- The committee shall consist of representatives of the employer and the building workers.
- The number of persons representing the workers shall not be less than those representing employers.
- A safety officer shall be appointed by the employer.
18) Section 46 of the act is regarding the notice of commencement of building or other construction work. As per this section, an employer shall send a written notice to the inspector at least thirty days before the commencement of any building or other construction work.
- The written notice shall contain the name and situation of the place, the nature of the work involved the arrangements for the storage of explosives, the number of workers, the approximate duration, etc.
19) If any employer fails to give notice of the commencement of the building or other construction work under section 46, he shall be punishable with a maximum imprisonment of three months or with a maximum fine of two thousand rupees, or with both.
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