The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Third Ordinance, 1996

REGISTERED No. DL-33004/96 efil t11e (f;a~ette of ~kl 3lm~ EXTRAORDINARY "lflTH-~l PART II--Section 1 ~ ~ ~'-1i1Nld PUBLISHED BY AUTHORITY -tl ~. !'5-WRl<u-<, \iJ:I 20, 1996/~ 30, 1918 NEW DELHI, THURSDAY, JUNE 20, 1996/JYAISTHA 30, 1918 ~ .. 'lf1lif~1JB~Gl";;mfi"\~fcti'l!l"~~~~ifffll"11~1 ~ate paging is given to this Part in order that it may be filed as a separate compilation, MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 20th June, 1996/Jyaistha 30, 1918 (Saka) THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) THIRD ORDINANCE, 1996 No. 25 oF 1996 Promulgated by the President in the Forty.:.seventh Year of the Republic oflndia. ,~nJ)rdinance to regulate the employment and conditions of service of ng and other construction workers and to provide for their safety, health elfare measures and for other matters connected therewith or inciden­ reto. ~~EAS the Building and Other Conslruction Workers (Regulation of Employment .nN··. ditions of Service) Ordinance, 1995 was promulgated by the President on the 3rd ovember, 1995· >t'{t"E~s the Buil~ing ar>;d. Other Cons~ction Wo~~ers (Regulation ofEmploy­ < .th on_ditmns of Service) 8111 1995 was introduced m the House of the People to ;: e said Ordinance, but had ~ot been passed; • :)~~~~EAs for giving_ continued effect to t~e provisions of the said Ordin~11;ce, the )O d' . er Construction Workers (Regulation of Employment and C1tnd1tions of ,,1, r mance, 1996 was promulgated·by the President on the 5th dl!.Y of January, 'ii~~ for giving continued effect to the provisions of the Building and Other uilru°r ers (Regulation of Employment and Conditions of Service) Ordinance, • erv· n~ and Other Conslruction Workers (Regulation of Employment and Con­ .:b, 1 ~;econd Ordinance, 1996 was promulgated by the President on 27th Short title, extent, commence­ meritand application. Definitions. Iii =2======T==H=E=G=A=Z=E=T:=f=E=O=F=IN=D=IA=· =E=X=TR=A=O=R=D=l=N=A=R=Y===~[P~Al{Tfi', ~ AND WHEREAS the said Bill has lapsed on the dissolution of the House of the p ~ AND WHEREAS Parliament is not in session and the President is satisfied that _eopJt}t"' stances exist which render it necessary for him to take immediate action to give coci~c effect to the provisions of the Building and other Construction Workers (ReguJ n~in Employment and Conditions of Service) Second Ordinance, 1996; atton No~, :HEREFORE·:· in_ exer~ise of the powers conferred by clau~e (1) or article 123 the Constitution, the President 1s pleased to promulgate the followmg Ordinance:- CHAPTER 1 PRELIMINARY 1. (/) This Ordinance may be called the Building and-Other Construction Work (Regulation of Employment and Conditions of Service) Third Ordinance, 1996. (2) It extends to the whole of India. lJ) It shall be deemed to have come into force on the first day of March, 1996. • \. (4) I~ applies to every establishment which_e~ploys, or ha~ employe~ on any day the preceding twelve months, fifty or Il!ore bmldmg workers m any building or • construction work . . Explana(ion.-Fdr the purposes of this sub-section, the building \1/0rkers empt in different relays in a day either by the employer or the contractor shall be taken account in computing the number of building wor~rs employed in the establishmenti 2. (J) In this Ordinance, unless the coqtext otherwise requires,­ (a) "appropriate Government" means,- (i) in relation to an establishment (which employs building wor. either directly or through a contractor) in respect of which the approp • Government under the Industrial Disputes Act, 1947, is the Central Gov ment, the Central Government; (ii) in relation to any such establishment, being a public sector u taking, as the Central Government may by notification specify which em building workers either directly or through a contractor, the Central Go ment. Explanation.-For the purposes of sub-clause (ii), "public sector taking" means any corporation ·established by or under any Central, Sta Provincial Act or a Government company as defined in section 617 o Companies Act, 1956, which is owned, controlled or managed by the C Government; (iii) in relation to any other establishment which employs bui workers either directly or through a contractor, the Government of the S which that other establishment is situate; (b) "beneficiary" means a building worker registered upder section 12; , (c) "Board" means a Building and Other Construction Workers' WelfareB constituted under sub-section (J) of section 18; (d) "building or other construction w6rk" means the construction, al tion, repairs, maintenance or demolition, of or, in relation to, buildings, s roads, rail ways, tramways, airfields, irrigation, drainage, embankment and gation works, flood control works (including storm water drainage wo:ks), eration, transmission and distribution of power, water works (includtn~ nels for distribution of water), oil and gas installations, electric lines, wir radio, television, telephone, telegraph and overseas communications, canals, reservoirs,. watercourses, tunnels, bridges, viaducts, aquec)ucts, Jines, towers, cooling towers, transmission towers and such other work~ be specified in this behalf by the appropriate Government, by notificatl THE GAZE'ITE OF INDIA EXTRAORDINARY 3 nclude any building or other construction work to which the provisions not i . Act J948 or the Mines Act, 1952, apply; f the factories ' , • 0 . "building worker" means a p~rson wno i,s employe? to do any sk_illed, ,} . (e) Jed or unskilled, manual, supervisory, technical_or c!enc~l work fo~ hire _or • semi-ski I h ther the terms of employment be express or 1mplted, 111 connection with reward: wd. e or other construction work but does not include any such person- any bu1l mg (i) who is employed mainly in a managerial or administrative capacity, or (ii) who, being employed in a supervisory capacity, draws wages ex­ ceeding one thousand six hundred rupees per mensem or exercises, either by he nature of the duties attached to the office or by reason of the powers vested :n him, functions mainly of a managerial nature; (/) "Chief Inspector" means the ~hief Inspect~r of Inspection of Building and Construction appointed under sub-section (2) of section 42; (g) "contractor" means a person who undertakes t~ produce a given result for establishment, other than a mere supply of goods or articles of manufacture, by the ::ployment 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 oJ Inspection appointed un­ der sub-section(/) of section 42; (i) "employer", in relation to an establishment, means t'he owner thereof, and (i) in relation to a building or other construction work carriep 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 speci­ fied, 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 contrac­ tor, 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; (i) "establishment" means any establishmen.t belonging to, or under the control ' ?f, 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 con~truction work; and includes an establishment belonging to a contractor, but does m~ludc an individual who employs such workers in any building or construction 111 relation to his own residence; (k) "Fund" means the Building and Other Construction Worl<cers' Welfare Fund a Board constituted under sub-section (]) of section 24; (l) "notification" means a notification published in the Official Gazdtte; (m) "prescribed" means prescribed by rules made under this Ordinance by the ·•.~c,,nr,•~, Government or, as the case may be, the State Government, (n) "wages" shall have the same meaning as assigned t.o it in clause (vi) of 2 of the Payment of Wages Act, 1936. • · Central Advisory Committee. State Advisory Committee .. 4 THE GAZETTE OF INDIA EXTRAORDINARY (2) Any reference in this Ordinance to any law which is not in force in an shall, in relation to that area, be construed as a reference to the corresponding law yf ar in force in that area. ' 1 an CHAPTER II THE Aov1soRY CoMMrITEES AND EXPERT CoMMrITEE'.s 3. (1) The Central Government shall, as soon as may be, constitute a Committ be called the Central Building and Other Construction Workers' Advisory Cornm~e (hereinafter referred to as the Central Advisory Committee) to advise the Central Go:lt ment on such matters arising out of the administration of this Ordinance as may b el'll,. ere ferred to it. ' (2) The Central Advisory Committee shall consist of- (a) a Chairperson to be appointed by the Central Government; (b) the Director-General-member, ex officio; (c) such number of other members, not exceeding thirteen but not less t nine, as the Central Government may nominate to represent the employers, buildi workers, associations of architects, engineers, accident insurance institutions a any other interests which, in the opinion of the Central GoverQment, ought to represented on the Central Advisory Committee. (3) The number of persons to be appointed as members from each of the categori specified in clause (c) of sub-section (2), the tenn of office and other conditions of servi of, the procedure to be followed in the discharge of their functions by, and the manner filling vacancies among, the members of the Central Advisory Committee shall be such muy be prescribed: Provided that the members nominated to represent the building workers shall not less than the number of members nominated to represent the employers, . • ·' .. 4. (1) The State Government shall constitute a committee to be called the State Bui ing and Other Construction Workers Advisory Committee (hereinafter referred to as State Advisory Committee) to advise the State Government on such matters arising out the administration of this Ordinance 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) a member to be nominated by the Central Government;' (c) the Chief Inspector-member, ex officio; (d) such number of other members, not exceeding eleven, but not less t seven, as the State Government may nominate to represent the employers, buildi workers, associations of architects, engineers, accident insurance institutions a any other interests which, in the opinion of the State Government, ought to be repr sented on the State Advisory Committee. , (3) The number of persons to be appointed as members from each of the categ . specified in clause (d) of sub-section (2), the tenn of office and other conditions of servi of, the procedure to be followed in the discharge of their functions by, and the manner• filling vacancies among the members of State Advisory Committee shall b(? such as may .. prescribed: Provided that the number of members nominated to represent the building work shall not be less than the number of members nominated to represent the employers, 5 THE GAZETTE OF INDIA EXTRAORDINARY ~i. lL=-=-~~=============== ;,,,·0;~ ·• \S ropriate Government may constitute one or more ex~ert committees > ... · 5. (J) The apspspecially qualified in building or other construction work for advising •· •. . fperson . . consisting O for making rules under this Ordinance. . i ( oovernrnei:it VI ... a bers of the expert committee shall be paid such fees and allowances for (2)Thernern ' • b ·b d · tings of the committee as may e prescn e : •·. attending the mee {.> . . d that no fee or allowances shall be payable to a member w~o is an officer of .......... •. .. Provide of any body corporate established by or under any law for the time being in • Government or CHAPTER III REGISTRATION OF ESTABLISHMENTS 6 , The appropriate Government may, by order notified in the Official Gazene,- (a) appoint such persons, being Gazetted O~cers ~f Government, as it thinks fit, to be registering officers for the purposes of this Ordinance; and (b) define the limits within which a registering officer shall exercise the pow- ers conferred on him by or under this Ordinance. . 7. (1) Every employer shall,- (a) in relation to a.n establishment to which this Ordinance applies on· its com­ mencement, within a period of sixty days from such commencement; and (b) in relation to any other establishment to which this OrdU1ance may be ap_pli­ . cable at any time after such commencement, within a period of sixty days from the <ct'ate on which this Ordinance b~comes applicable to such e_stablishment, av~m,,,auc,11 to the registering officer for the regislrnliun vf such establishtncnt: Provi<led lhat the registering officer may entertain any such application after the ex­ Ifyoftre periods aforesaid, ifhe is satisfied that the applicant was prevented by sufficient '\1sc frorri making the application within such p~riod. }~very Application under sub-section (1) shall be in such fonri and shall contai4; ulars and shall be accompanied by such fees as may be prescribed. • After the receipt of an application under sub-section (1), the registering officer • the establishment and issue a certificate of registration to the employer thereof and within such time and subject lo such conditions as may be prescribed. Where, after the registration of an establishment under this section, any change .. , e ownership or management or other prescribed particulars in r-espect of such }11~nt, the particulars regarding such change shall be intimated by the employer to {7nng officer within thirty days of such change iri such form as may be prescribed. ~lfthe registering officer is satisfied, either on a reference made to him in this behalf )Se, th~t the registration of any establishment has been obtained by misrepresenta­ P:es~ion of any material fact or that the provisions of this Ordinance are not being , nh,m re'.ation to any work carried on by such establishment, or that fclf- any other registration has become useless or ineffective and, therefore, requires to be re­ ay'. after giving an ppportunity to the employer of the establishment to be heard, g1stration. nJ person aggrieved by an o~der made under section 8 may, within thirty ate on which the order is communicated to him, prefer an appeal to the cer who shall be a person nominated in this behalf by the a pro riate Gov- Expert committees. Appointment of registering officers. Registration of establish­ ments, Revocatiqn of, regisJration in certain cases. Appeal, Effect of non­ registration, Beneficiaries of the fund, Registration of building work­ ers as benefici­ aries: 6 THE GAZETfE OF INDIA EXTRAORDINARY Provided that the appellate officer may entertain the appeal after the cxpir •.•. said period of thirty days if he is satisfied that the appellant was prevented by s~rt, cause· from filing the appeal in time. ici (2) On receipt of an appeal under sub-section (/). the appellate officer shall · giving the appellant an opportunity of being heard, confirm, modify or reverse the 0/ a revocation as expeditiously as possible, 10. No employer of an establishment to which this Ordinance applies shal!,- (a) in the case of an establishment required to be registered under section 7 which has not been registered under that section; • (b) in the case of an establishment the registration in respect of which has be revoked under section 8 and no appeal has been preferred against such order of r cation under section 9 within the period prescribed for the preferring of such appeal where an appeal has been so preferred, such appeal has been dismissed, employ building workers in the establishment after the expiry of the period preferred to clause (a) or clause (b) of sub-section (1) of section 7, or after the revocation of registrat' under section 8 or after the expiry of the period for preferring an appeal under section after the dismissal of the appeal, as the case may be. CHAPTER IV REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES 11. Subject to the provisions of this Ordinance, every building worker registered beneficiary under this Ordinance shall be entitled to the benefits provided by the B from its Fund under this Ordinance, 12. (]) Every building worker who has completed eighteen years of age, but has completed sixty years of age, and who has been engaged in any building or other cons • tion work for not less than ninety days during the preceding twelve months shall bee•· for registration as a beneficiary under this Ordinance. (2) An application for registration shall be made in such form, as may be prescr' • to the officer authorised by the Board in this behalf. (3) Every application under sub-section (2) shall be accompanied by such docu 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 t applicant has complied with the provisions of this Ordinance and the rules made there he shall register the name of the building worker as a beneficiary under this Ordinan Provided that an application for registration shall not be rejected without givin applicant an opportunity of being heard, (5) Any person aggrieved by the decision under sub-section ( 4) may, within days from the date of such dec,ision, prefer an appeal to the Secretary of the Board 0 other officer specified by the Board in this behalf and the decision of the Secretary or other officer on such appeal shall be final: 1 Provided that the Secretary or any other officer specified by the Board in this . may entertain the appeal after the expiry of the said period of thirty days if he is s_au that the building worker was prevented by sufficient cause from filing the appeal tn (6) The Secretary of the Board shall cause to maintain such registers as prescribed. THE GAZETTE OF INDIA EXTRAORDINARY 7 e Board shall give to every beneficiary an identity c_ard with hi~ photo- Identity card~. 13- (J)Thed thereon and with enough space for entering the details of the bu1ldmg or duly affix work done by him. • ployer shall enter in the identity card the details of the building or (2) Every. emwork done by the beneficiary and authenticate the same and return it construction beneficiary. fi ciary who has been issued an identity card under this Ordinance shall (J) A bene 1 . Whenever demanded by any officer of Government or the Board, any the same . . . Other authority for mspect1on. ,n~1iec101 or any (/) A building worker who has been registered as a beneficiary under this Ordi­ •·•.·· ... ··· 1!· 11 cease to be as such when he attains the age of sixty years or when he is not . >,ryanceeds ~ b ilding or other construction work for not less than ninety days in a year: •'engag 10 u p vided that in computing the period of ninety days under this sub-section, there 1 b::xcluded any absence from the building or other construction work due to any <•~.-a.,,~na, injury caused to the building worker by accident arising out of and in the course of employment. (2) Notwithstanding anything contained in sub-section (/), if a person had been a for at least five years continuously immediately before attaining the age of years, he shall be eligible to get such benefits as may be prescribed. Explaization.-For computing the period of five years as a beneficiary with a Board /•/;;under this sub-section, there shall be added any period for which a person had been a :\<bcr1efiicia1:v with any other Board immediately before his registration. 15. Every employer shall maintain a register in such form as may be prescribed .,_,,,,i .. 1.~ ... ; •• ~ the details of employment of beneficiaries employed in the building or other con­ . ction work undertaken by him and the same may be inspected without any prior notice the Secretary of the Board or any other officer duly authorised by the Board in this •• If. ·.• . 16. (/) A building worker who has been registered as a beneficiary under this Ordi- 5e shall, until he attains the age of sixty years, contribute to the Fund at such rate per llsem;as may be specified by the State Government, by notification in the Official Ga­ and different rates of contribution may be specified for different classes of building ers: .Provided that the Board may, if satisfied that a beneficiary is unable to pay his con­ tio:n due to any financial hardship, waive the payment of contribution for a period not eedmg three months at a time. th?) A beneficiary may authorise his employer to deduct his contribution from his •• !I . Y wages and to remit the same, within fifteen days from such deduction, to the I -6 17 f· When ~ beneficiary has not paid his. contribution under sub-section (J) of sec- . or a continuou • d f <:!, sperm o not less than one year, he shall cease to be a beneficiary: ~v.ided that if the Secretary of the Board is satisfied that the non-payment of on was for a reasonable ground and that the building v:iorker is willing to de­ ch e;rs, h~ m~y allow the building worker to deposit the contribution in arrears epoSit being made, the registration of building worker shall stand restored. Cessation as a beneficiary . Register of beneficiaries . ContributiolJ of building workers. Effect of non• payment of C'ontribu!ion. Constitution of ~late Wel­ fare Boards. 8 THE GAZETTE OF INDIA EXTRAORDINARY CHAPTERV BUILDING AND OrtttiR CONSTRUCI10N WORKERS' WELFARE BOARDS . . 18. ( 1) ~very Sta~c Government shall, with cff9ct from su~h date a] it may, by ·no f1cat1on, appofnt, constitute a Board to be known as the ...... (name of the State) Build· ·and Other ~onstruction Workers' Welfare Board to exercise the powers conferred on 1 perfonn the functions assigned to, it under this Ordinance. ' (2) The Board shall be a body corporate by the name ,aforesaid, having perpetu 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 Cen Govern1rn::nt and such number of other members, nqt exceeding fifteen, as may be appoint~ to it by the State Government: • Provided that the Board shall include an equal number of members representing State Government, the employers and the building workers and that at least one member· the Board shall be a woman. (4) The terms and condi_tions of appointment and the salaries and other allowan payable to the chairperson and the other members of the Board, and the manner of filling casual vacancies of the members of the Board, shall be such as may be prescribed. Secretary and 19, ( J) Th.e Board shall appoint a Secretary and such other officers and employees other officers of it considers necessary for the efficient discharge of its functions under this Ordinance. Boards. , (2) The Secretary of the Board shall be its chief executive officer. ( 3) The terms and conditions of appointment and the salary and allowances paya • to the Secretary and the other officers and employees of the Board shall be such.as may prescribed. Meetings of Boards. Vacancies, etc., not to invali­ date proceed­ ings ofthe Boards. Functions of the Boards. . 20. ( 1) The Board shall meet at such time and place and observe such rules of pr dure in regard. to the transaction of business at its meetings (including the quorum at su meetings) as may be prescribed. • (2)The chairperson or, if for any reason heis unable to attend a meeting of the Bo any member nominated by the chairperson in tfiis behalf and in the absence of such nomi tion, any other member ele<::_ted by the members present from amongst themselves at meeting, shall preside at the meeting. ' (3) All questions which come up b~fore any meeting of the Board shall be decided . a majority of votes of the members present and voting, and in the event of equality of v the chairperson, or in his absence, the person presiding, shall have a second or a cas vote. ·' 21. No act or proceedings of a Board shall be invalid ~rely by reason of- _ (a) any vacancy in, or any defect in the constitutio11 of, the Board; or • < (b) any defect in the appointment of a person acting as al\lember of the Boar or ( c) any irregularity in the procedure of the -8oard not affecting the. merits of case. 22. ( 1) The Board m.ay- (a) provide immediate assistance to a beneficiary in case of accident; (b) make p.ayment of pension to the beneficiaries who have completed age of sixty years; THE GAZE'ITE OF INDIA EXTRAORDINARY 9 lion loans and advances to a ·beneficiary for constrpction of a house (c) s~nc such amount and on such terms and conditions as may be prescribed; exceed111g such amount in connection with premia for Group Insurance Scheme (tf) pay - . • fi . fioiaries as it may deem It, of the bene - such financial assistance for the education of children of the benefici- (e) give __ . . may be prescnbed; ar1es a~ (j) eet such medical expenses for treatment of major ailments of a beneficiary h dm endent, as may be prescribed; or, sue ep (g) make payment of maternity benefit to the female beneficiaries; and (h) make provisio~ and improvement of such other welfare measures and facilities as may be prescnbed. ~Z) The Board may grant loan or subsidy to a local authority or an employer in aid of approved by the State Government for the purpose connected with the welfare workers in any establishment; The Board may pay annually grants-in-aid to a local authority or to an employer to the satisfaction of the Board welfare measures and facilities of the standard by the Board for the benefit of the building workers and the members of their , so, however, that the amount payable as grants-in-aid to any local authority or employer exceed~ ( a) the amount spent in providing welfare measures and facilities as determined the State Government or any person specified by it in this behalf, or (b) such amount as may be prescribed, Provided that no grant-in-aid shall be payable in respect of any such welfare meas­ and facilities where the amount spent thereon determined as aforesaid is less than the nt prescribed in this behiilf. i Lt3. The Central Government may, after due appropriation made by Parliament by law .) behalf, make to a Board grants and loans of such sums of money as the Government ~Jonsider necessary. ,ft(J) There shall be constituted by a Board a fund to be called the Building and .(Construction Workers' Welfare Fund and there shall be credited thereto- i; _. (a).any grants and loans made to the Board by the Central Government under (.,~hon 23; _ (b) all contributions made by the beneficiaries; ;.,b (c) all sums received by the Board from such other sources as may be decided ;,Y the Central Government. • (2) The F d h 11 · · 1 , 1. -- un s a be applied for meetmg- ;-•,, • • (a) expenses of the Board in the discharge of its functions under section 22; (b) salaries, allowances and other remuneration of the members, officers and . /!~mployees of the Board; :;f' (c) expenses on objects and for purposes authorised by this Ordinance. _No Board h ll . . . . . ,t s a , in any financial year, mcur expenses towards salanes, allow- Grants and loans by the Central Gov­ ernment. Buitding and Other Con­ struction Work­ ers' Welfare Fund ·and its application. =IO=====Til=E=G=AZ=E=TI=E=O=F=I=N=D=IA=E=X=TR=A=O=R=D=IN=A=R=Y=. ===~ ances and other remuneration to its members, officers and other employee~ and for ing the other administrative expenses exceeding five per cent. of its total expenses ~ that year. Budget 25. The Board shall prepare in such form and at such time each financial ye- may be prescribed, its budget for the next financial year, showing the estimated re;, and expenditure of the Board and forwaro the same to the State Government and Central Government Annual report. 26. The ~oard _shall prepare, in su~~ form and at such tim~ each_ financial Yea may be prescribed, 1ts annual report, giving a full account of its activities durin previous financial year, and submit a copy thereof to the State Government and the~ tral Government. • Accounts and 27. (1) The Board shall maintain proper accounts and other relevant records i audit. prepare an annual statement of accounts in such form as may be prescribed in consultati Fixing hours for normal working day, etc. with the Comptroller and Auditor-General of India. , (2) The Comptroller and Auditor-General of India or any other person appointed~ him in connection with the auditing of the accounts of the Board under this Ordinanceiffl be the same rights and privile.ges and the authority in connection with such audit alil Comptroller and Auditor-General of India has iri connection wit~ the auditing of the G~ ernment accounts and, in particular shall have the right to demand the production of bob~ accounts, connected vouchers and other documents and papers and to inspect any '1 offices of the Board under this Ordinance. (J) The accounts of the Board shall be audited by the Comptroller and Au General of India annually and any expenditure incurred in connection with such audit be payable by the Board to the Comptroller and Auditor-General of India. (4) The Board shall furnish to the State Government before such date as m 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 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 B.,UILD WORKERS 28. ( 1) The appropriate Government may, by rules,­ (a) fix the number of hours of work which shall constitute a normal wo 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 sh allowed to all building workers and for the payment of remuneration in respect of days of rest; I (c) provide for payment of work on a day of rest at a rate. not less t overtime rate specified in section 29. (2) The provisions of sub-section (1) shall, in relation to tlie following cl building workers, apply only to such extent, and subject to such conditions, as mar, scribed, namely:- (a) persons engaged on urgent work, or in any emergency which C have been foreseen or prevented; THE GAZETTE OF INDIA EXTRAORDINARY s engaged in a work in the nature of preparatory or complementary (b)_pehrsonst necessarily be carried on outside the normal hours of work laid k wh1c mu wor. 1 s· in the rue ' aown ns engaged in any work which for technical reasons has to be com- (c) perso . . d before the day is over, plete • ons engaged in a work which could not be carried on except at times / (d) pers . . . the irregular action of natural forces. dependant on Where any building worker is required to work on any day in excess of the Wages for • 29• (hf) constituting a normal working day, he shall be entitled to wages at the rate overtime work. of ours his ordinary rate of wages. F the purposes of this section, "ordinary rates of wages" means the basic wages <2h) 0 11r wances as the worker is for the time being entitled to but does not include any sue a o . 30. (J) Every employer shall maint~in such registers and records giving such particu­ f building workers employed by him, the work performed by them, the number of 0 of work which shall constitute a normal working day for them, a day of rest in every ofseven days which shall be allowed to them, the wages paid to them, the receipts by them and such other particulars in such form as may be prescribed. (2) Every employer shall keep exhibited, in such manner as may be prescribed, in the where such workers may be employed, notices in the prescribed form containing the particulars. The appropriate Government may, by rules, provide for the issue of wage books to building workers employed in an establishment and prescribe the manner in shall be made and authenticated in such wage books or wage slips by the 'Cm.olo•ver or his agent. 31: No person about whom the employer knows or has reason to believe that he is a or he has a defective vision or he has a tendency to giddiness shall be required or .... to work in any such operation of building or other construction work which is likely hyolxea risk of any accident either to the building worker himself or to any other person. 'i'3:2• (1) The employer shall make in every place where building or other construction 15 in ~rogress, effective arrangements to provide and maintain at suitable points con­ '. Uy situated for all persons employed therein, a sufficient supply of wholesome drink­ . water. ~ ~2) All ~uc~ points shall be legibly marked "Drinking Water" in a language under­ > i~~ m~Jonty of the persons employed in such place and no such point shall be sitt' ., .. in six metres of any washing place, urinal or latrine. "0 .--: Maintenance of registers and records. Prohibition of employment of certain persons in certain building lr other con­ struction work. Drinking wa­ ter. / 33. In ever 1 loyer shall r~ ~ ace w~~re buil?ing or ot_her construction_ work is carri~d ~n, the Latrines and Scribed P vide sufficient latrine and urmal accommodation of such types as may ·urhi.als. ofkers • 1 and 1 t~ey shall be so conveniently situated as may be accessible to the build• •... . . a a I limes wh'I h . /< . . 1 e t ey are m such place: that it shall not be necessary to provide separate urinals in any place where . ,persons are em -1 d . . ~Ysten:i. P oye or where the lat~0~~~ are connected to a water-borne Accommoda­ tion. Creches. Fitst-aid. Canteens, etc. Safety Com­ mittee and Safety Officers. .·. ;Tit 11 12 THE GAZETTE OF INDIA EXTRAORDINARY __ [PA1t.-rii -~ 34. (]) The employer shall provide, free of charges and within the Work sit cl near to it as may be possible, temporary living accommodation to all building / or ''1 employed by him for such period as the building or other construction work is in prog (2) The tempbrary accommodation provided under sub-section(]) shall have rate cooking place, bathing, washing and lavatory facilities. se . (3) As soon as may be, after the building or other construction work is over employer shall, ~! his own cost, cause removal or demolition of the temporary ,struct erected by him fot!he purpose·of providing living accommodation, cooking place or 0t facilities to the building workers as required under sub-section (]) and restore the gro in good level and clean condition. (4) In case an employer is given any land by a Municipal Board or any other I authority for the purposes of providing temporary accommodation for the building w ers under this section, he shall, as soon as may be after the construction work is over the possession of such land in the same condition in which he received the same. ' 35. (]) In.every place wherein, more than fifty female building workers are 0 narily employed, there shall be provided and maintained a suitable room or rooms for 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 clean and sanitary condition; (d) be under the charge of women trained in the care of childten and inf 36. Every empl<?yer shall provide in all the places where building or other const tion work is carried on such first-aid facilities as may be prescribed. , 37. The appropriate Government may, by rules, require the employer- (a) to provide and maintain in every place wherein not less than two hund and fifty building workers are ordinarily employed; a canteen for the use of workers; (q) to provide such other welfare measures for the benefit of building wor a_s may be prescribed. CHAPTER VII SAFETY AND HEALTH MEASURES 38. (}) In every establishment wherein five hunflred or more builaing workers ordinarily employed, the employer shall constitute a Safety Committee consisting of s number of representatives of the employer and the building workers as may be P scribed by the State Government: Provided that the number of persons representing the workers, shall, in no case; less than the persons representing the employer. • (2) In every establishment referred to in sub-section (1), the employer shal~ appoint a safety officer who shall possess such qualificatio.ns and perform such' duU may be' prescribed. THE G~ZETTE OF IND~~_.EXTRAORDINARY 13 '.f'.~;:- Where m any establishment_ an accident occ~rs w~ich cau~es death ur which :. • 39, (I) . 1 inJury by reason of which the person tnJured 1s prevented from working (.:: causes a?Y bod; ~ -eight hours or more immediately following the accident, or which is of • for a period of O ayy be prescribed, the employer shall give notice thereof to such authority, tureas m . . • , 5uch a na d within such time as may be prescribed. . . such form an . . . ,, }0 0 rc:ccipt of a notice under sub-section (]), the authority referred to m that sub- ; . <2) n ke <.uch investigation or inquiry as it considers necessary. section may ma • . . . . ,,, ..... 5 Where a noLice given under sub-sf'.r.tlon (/) relates to an accident causing death : ... ·.· ( ) persons, the authority shall make an inquiry into such accident within one • f five or more . • o . f the receipt of the nouce. month o (/) The appropriate Government may, by notification, make rules regarding the 40 • be taken for the safety and health of building workers in the course of their measures tot and the equipment and appliances necessary to be provided to them for ensur- f;~~~~s~ety, health and protection, during such employment. :ii). (2) In particular, and without prejudice _to the generality of the foregoing power, such fi'~1es may provide for all or any of the followmg matters, namely:- ;t.) (a) the safe means of acce!>s to, and the safety of, any working place, including c1,c;,;. the provision of suitable and sufficient scaffolding at various stages when work cannot ~i•\>. be safely done from the ground or from any part of a building or from a ladder or such f,;_-. other means of support; 1~i,,·.·. :: =~:::r~:::~!~;~;k~:ir~:~:~~:i~~~~:~~~::~;~~~~:;,::::,~;~~ ;,,··-• '.;.( J.·:~t;;.~;;.; ;~;;;;;~;;~;:;~~~;:;;:~~;;;;~;:;~~;;;~~ (d) the erection, installation, use and maintenance of transporting equipment, such as locomotives, trucks, wagons and other vehicles and trailers and appointment "'.-Pf competent persons to drive or operate such equipment; '(e) the erection, installation, use and maintenance of hoists, lifting appliances ; ;,jand lifting gear including periodical testing and examination and heat treatment, where i pecessary, precautions to be taken while raising or lowering loads, restrictions on i'•rcarriage of persons and appointment of competent persons on hoists or other lifting appliances; .: : .•·· (J) the adequate and suitable lighting of every workplace and approach thereto, :;. ()f e':ery 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 ,:J vapours during any grinding, cleaning, spraying or manipulation of any material and '\>~tcpSJo be taken·to secure and maintain adequate ventilation of every working place -:,()r confined space; -t li . t • (~) the measures to be taken during stacking or unstacking, stowing or ) ns o:wmg of materials or goods or handling in connection therewith; ':\'ery (i) th: safeguarding of machinery including the fencing of every flywheel and --. '. \ij ml ovi_n~ ~art of a prime mover and every part of transmission or other machin- " n ess It is in su h • • . ;Odd c a position or of such construct1on as to be safe to every worker ,,, " • • ng on any of the ooerations a cl a,;: if it wP.rP. J:P.r11rP. v fonrP.cl'. Notice of certain accidents. Power of appropriate Government 10 make rules for the safety and health of building workers. Framing of model rules for safety measures. Appointment of Director­ General, Chief Inspector and • Inspectors. ;~ 14 THE GAZETTE OF INDIA EXTRAORDINARY C1 ===========================[PARTU s1 ~j 0) the safe handling and use of plant, including tools and equipment O .• ~! by compressed air; Perateg\j -'?\ (k) the.precautions to be taken in case of fire; ·J) (l) the limits of weight to be lifted or moved by workers; .] 4 . _(m) the safe transport of workers to or from any workplace by water j prov1s1on of means for rescue from drowning; andi 'Ii (n) the steps to be taken to prevent danger to workers from live electric .-} or apparatus including electrical machinery and tools and from overhead ~ire; 1r;f,, ',.,,; (o) the keeping of safety nets, safety sheets and safety belts where the sp . ,t\ . ec1 nature or the circumstances of work render them necessary for the safety of the wo{ ers; (p) the standards to be complied with regard to scaffolding, ladders and st lifting appliances, ropes, chains and accessories, earth moving equipments and flo ing operational equipments; • (q) the precautions to be taken with regard to pile driving, concrete work, w with hot asphalt, tar or other similar things, insulation work, demolition operatio excavation, underground construction and handling materials; (r) the safety policy, that is to say, a policy relating to steps to be taken toe the safety and health of the building workers, the administrative arrangements the and the matters connected therewith, to be framed by the employers and contract for the operations to be carried on in a building or other construction work; • (s) the information to be furnished to the Bureau oflndian Stan<!lards establ under the Bureau of Indian Standards Act, 1986, regarding the use of any article process covered under that Act in a building or other construction work; (t) the provision and maintenance of medical facilities for bu.ilding workers; (u) any other matter concerning the safety and health of workers working in of the operations being carried on in a building or other construction work. 41. The Central Government may, after considering the recommendation of the pert committee constituted under section 5, b-ame model rules in respect of all or any matters specified in section 40 and where any such model .rules have been framed in r of any such matter, the appropriate Government shall, while making any rules in resp that matter under section 40, so far as is practicable, conform to such model rules. CHAPTER VIII INSPECTING STAFF 42. (1) The Central Government may, by notification, appoint a Gazetted Office that Government to be the Director-General of Inspe"ftion who shall be responsib laying down the standards of inspection and shall also exercise the powers of an Ins throughout India in relation to all the establishments for which the Central Govern the appropriate Government. (2) The State Government may, by notification, appoint a Gazetted Officer of Government to be the Chiefinspector ofinspection of Building and Construction whO be responsible for effectively carrying out the provisions of this Ordinance in thy S1:at shall al~o exercise the powers of an Inspector under this Ordinance throughout the relation to establishments for which the State Government is the appropriate Govern THE GAZETTE OF INDIA EXTRAORDINARY 15 ,>• ropriate Government may, by notification, appoint such number of its -( (3) s1:~~~[s fit to ~e Inspec~ors ~or the purposes of this Ordinance and.may assign to -~fficers ah Jocal limits as it may thmk fit. 'l;lheJil sue Inspector appointed under this section shall be subject to the control of the )'.< (4) Every I or the Chief Inspector, as the case may be, and shall exercise his powers pirector-Ge~~rafunctions under this Ordinance subject to general control and supervision of 'and P:rfortn ~:neral or the Chief Inspector . . ihe Director- The Director-General, th~ Chief Ins~ector and every _Inspector shall be deemed to ./. (~) nts within the meanmg of section 21 of the Indian Penal Code. /be pubhc serva . . . . • (/) Subject to any rules- made m this behalf, an Inspector may, wtthm the local .· 43. . d • . . " r which he is appomte ,­ brmts 10 (a) enter, at all reasonable hours, with such assistants (if any) being persons in h service of the Government or any local or other public authority as he thinks fit, t e premises or place where building or other construction work is carried on, for the any • d • • d b k h'b· d purpose of examinin~ any register or :ecor or nouc~s reqmre to ~ ·ept ~r ex 1 1te by or under this Ordmance, and reqmre the production thereof _for mspection; (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 con­ st~ction 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 thi~ Ordinance he has reason to believe has been committed by the employer; and (e) exercise such other powers as may be prescribed. ;c __ (2) For the purposes of this section, the Director-General or the Chief Inspector, as ,!ll~case may be, may employ experts or agencies having such qualifications and experience n.such terms and conditions as may be prescribed. (if)Any person required to produce any document or to give any information required Jnspector under sub-section (1) shall be deemed to be legally bound to do so within the of section 175 and section 176 of the Indian Penal Code. '.i \(4) The provisions of the Code of Criminal Procedure 1973 shall, so far as may be . , l . ·. , ,, , P.Y to such search or seizure under sub-section (J) as they apply to any search or seizure ade under the authority of a warrant issued under section 94 of the said Code. CHAPTER IX SPECIAL PROVISIONS 'tt'. An employer shall be responsible for providing constant and adequate supervi­ .:~:uildin? ?r other c?nstru~tion work i_n his establishment as to_ en,ure com~li- s '.> e provisions of this Ordmance relatmg to safety and for takmg all practical nece • • 0 , ssary to prevent accidents. / 4S. (J) An em l h l 1 •••• 1 P oyer s a 1 be responsible for payment of wages to each.building .emp oyed by him and such wages shall be paid on or before such date as may be Power of lnspecto:rs. .,,_ Responsi­ bility of em• ployers. Responsibili ty for pay­ ment of wages and compensa­ tion. Notice of commence­ ment of building or other construction work. Penalty for contravention of provisions regarding safety measures. =I 6======T=H=E=G=A=Z=E=TT=E=O=F=IN=D=I=A=E=X=TR=A=O=R=D=I=N=A=R=Y===· >~ (2) In case the contractor fails to make payment of compensation in r~ building worker employed by him, where he is liable to make such payment when ~t of a makes short payment thereof, then, in the case of death or disablement of the bu~~i 0r1 worker, the employer shall be liable to make payment of that compensation in full ng, unpaid balance due in accordance with the provisions of the Workmen's Compe or ~he\ . . nsation' Act, 1923, and recover the amount so paid from the contractor either by dcdu,-.t1•0 ., •. ·.··.·• ~ n ,rorn '. any amount payable to the contractor under any contract or as a debt payable b · 1 . Y the, contractor. • ' 46. (1) An employer shall, at least thirty days before the commencement of · I b~il?in~ or other construction work, sen? qr cause to be sent to the Inspector havingju;J& d1cu?n m th~ area where the proposed bu1ldmg or other construction work 1s to be executed )j a wntten notice contammg- ''.{ (a) the name and situation of the place where the building or other constructio j! work is proposed to be carried on; n -t1 (b) the _name and address of the person who is undertaking the building cir other construction work; T. (c) the address to which communications relating to the building or othercoii struction work may be sent; (d) the nature of the work involved and the facilities, including any plant a machinery, provided; (e) the arrangements for the storage of explosives, if any, to be used in building or other construction work; (j) the number of workers likely to be employed during the various stages building or other construction work; • (g) the name and designation of the person who will be in overall charge of 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-sec (I), the employer shall intimate the change to the Inspector within two days of such cha (3) Nothing contained in sub-section(}) shall apply in case of such class ofbui or other construction work as the appropriate Government may by notification specify t emergent works. CHAPTERX PENALTIES AND PROCEDURE 47. (I) Whoever contravenes the provisions of any rules made under section 40 be punishable with imprisonment for a term which Iltay extend to three months, or fine which may extend to two thousand rupees, or with both, and in the case of a con ing contravention, with an additional. fine which may extend to one hundred rupe every day during which such contravention continues after conviction for the fir5t contravention. (2) If any person who has been convicted of any offence punishable ur)d~f, section (1) is again guilty of an offence involving a contravention or failure of c~ of the same provision, he shall be punishable on a subsequent conviction with irn ment for a term which may extend to six months or with fine which shall not be 1 five hundred rupees but which may extend to two thousand rupees or with both: TlIE GAZETTE OF INDIA EXTRAORDINARY 17 ,_;;·_ f r the purposes of this sub-section, no cogpizance shall be taken of - , . · . - ·d d that O • - • ·.-.i. ;·"'.·.'.·_c.,.·_.·•-,_·· prov1 e d ore than two years be for~ the comm1ss10n of the offence for which ,,,,,, .. - . ma em ' J."l}y··· .c_onviction uently being convicted: t:,.,.. _-._. n is subseq }b~perso .. d further that the aut~ority imposing the penalty, if it is ~ati~fied that ~ere a:e t}F./ provid~ tances warrantmg such a course may, afterrecordmg its reasons m wnt­ -_J_:}~ce.,_ptional c1rficum;f less than five hundred rupees. ,c, , -. pose a ine - L!Sg,l~ There an employer fails to give notice of the c~mmence1:1en_t of ~he building or • __ ._? 48• V. . work under section 46, he shall be pumshable with 1mpnsonment for a -.v truction . . . pther co~s xtend to three months, or wtth fme which may extend to two thous'lnd fenn which ;11ay e , _ or with both. - _rupees, - ( 49. (/) Whoever obstructs an Inspector in the discharge of his duties un~<:r this Ordi- ;'. -- efuses or wilfully neglects to afford the Inspector any reasonable fac1hty for mak- .,,nance orr · • • • • • • h • db d h' 0 d' 'h-i<. y inspection, exarmnat1on, mqmry or mvest1gat1on aut onse y or un er t ts r 1-:~to;: in relation to an establishm~nt shall be ?unishable with imprisonment for a term whi_ch .{may extend to three months, or with fine which may extend to one thousand rupees, or with ,_both. __ (2) Whoever wilfully refuses to produce on the demand of an Inspector any register ':bJ other document kept in pursuance of this Ordinance or prevents or attempts to prevent or i,'ctoe$ anything which he has reason to believe is likely to prevent any person from appearing If~fore, or being examined by, an Inspector acting in pursuance of his, duties under this f.()rdinance shall be punishable with imprisonment for a term which may extend to three tJnhntlis, or with fine which may extend to one thousand rupees, or with both. , _ 50. (]) Whoever contravenes any other provision of this Ordinan9e or any rules made /;!hereunder or who fails to comply with any provision of this Ordinance or any rules made jtthereunder shall, where no express penalty is elsewhere provided for .such contravention or e, be punishable with fine which may extend to one thousand rupees for every such yen ti on or failure, as the case may be. and in the case of a continuing contravention or the case may be, with an additional fine which may extend to one hundred rupees day during which such contravention or failure continues after the conviction for such contravention or failure. (2) A penalty under sub-section (1) may be irnposect- (a) by the Director-General where the contravention or failure relates to a mat­ ter to which the appropriate Government is the Central Government; and (b) by the Chief Inspector where the contravention or failure relates to a mat­ to which the appropriate Government is the State Government. 'tin~J) No penalty shall be imposetl unless the person concerned is giv~n a ;otice iri ( a) informing him of the grounds on which it is proposed to impose a pe~alty; (b) giving him a reasonable opportunity of making a representation in writing pe ~uch reasonable time as may be specified in the notice against the imposition _ na ty mentioned therein, and, if he so desires, of being heard in the matter. Penalty for failure to give notice of ' the com­ mencement ·of the build- ing or other construction work. Penalty for obstruc­ tions. Penalty for other offences. ' Appeal. Recovery of penalty. 18 THE GAZETTE OF INDIA EX1RAORDINARY (4) Without prejudice to any other provision contained in this Ordinance, the D' tor-General and the Chief Inspector shall have all the powers of a civil court Und ir Code of Civil Procedure, 1908, while exercising any powers under this section, in r:: of the following matters, namely:- ( a) summoning and enforcing the attendance of witnesses; (b) requiring the discovery and production of any document; (c) requisitioning a.ny public record or copy thereof from any court or offi (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 cerned from being prosecuted under any other provision of this Ordinance or any other for any offence made punishable by this Ordinance or by that other l~w, as the case may • or for being liable under this Ordinance or any such law to any other or higher penalty punishment than is provided for such offence by this section: Provided that no person shall be punished twice of the same offence. 51. Any person aggrieved by the imposition of any penalty under section 50 prefer an appeal- ( a) where the penalty has been imposed by the Director-General, to the c tral Government; (b) where the penalty has been imposed by the Chief Inspector, to the s • Government, • " within a petjod of three months from the .date of communication to such person of imposition- of such penalty: • Provided that;the Central Government or the State Government, as the case may may, if it is satisfied that the appellant was prevented by sufficient cause from preferri appeal within the afore'said period of three months, allow such appeal to be preferred wi a further period of three mon-ths. (2) The appellate.authority may, after giving the appellant an opportunity of heard, if he so desires, and after making such further inquiry, if any, as it may co necessary, pass such order as it think~ fit confirming, modifying or reversing the orde pealed against or may send·back the case with such·directions as if may think fit for a " > ' ~ decision. •• ·' 52. Where any penalty imposed on any person under section 50 is not paid,- , (i) Jhe Director.:General or, as t:Qycase may be, the Chief Inspector may d the. amount so payable fr~ni' any mon~y owing to such person which may be his control; or" • • ~ ¢. "'"... ~ : ' (ii) the Director-General or, as the case may be, the Chief Inspector may cover the amou~t so payable by detaining or selling the goods bdonging, to person which ar~,.under his control; or , ' ' ' (iii) if the amount cannot be recovered from such person in the manner. vided in clause, (i) or clause (ii), the Director-General or, as the case may be, Chief lnspector may prepar~ a certificate sign~ by him specifyin:g the amount from such person and send it to the Collector of the district in which such pe owns any. property ot· resides or carries on his business and the said Collector, receipt of su~h ·certificate shall proceed to recover from such person the~. specified thereµnder as ifit were an arrear of land revenue. THE GAZETTE OF INDIA EXTRAORDINARY 19 2,/Jj C ere an offence under this Ordinance has be~n committed by a company, Offences by :.s~, . .(f! ~ at the time the offence was co1:1m1tted, was m charge of, and was respon- companies. pers9nwh 'any for the conduct of the busmess of the company, as well as the com- J◊;t9e<=OlllP d to be guilty of the offence and shall be liable to be proceeded against s~!¼JI pe deeme_ . . Y· 'hed accordingly. f~~111 \(i_; d that nothing contained in this sub-section :;hall render any such person C: Provide unishment, if he proves that the offence was committed without his knowl­ Jeto.~Y P h d exercised all due diligence to prevent the commission of such offence. oi-thathe a :• ., :;. · •th tanding anything contained in sub-section ( 1 ), where any offence under : ·(2) NotWI s . . ··••• .. . . . . has been committed by a company and 1t 1s proved that the offence has been }his O~dinan~~ the consent or connivance of, or is attributable to any neglect on the part of '.fpnui:ttte1 0 ~ 1 manager, secretary or other officer _of the company, such director,_ manager, .:any di rec ther officer shall be deemed to be guilty of that offence and shall be liable to be <secretary or o . d. 1 .. . d d gainst and punished accor mg y • • rocee e a Explanation.-For the purposes of this section,- (aJ "company" means any body corporate and includes a finn or other associa­ tion of individuals; and (b) "director", in relation to a firm, means a partner 'in the firm. 54. ( J) No court shall take cognizance of any offence punishable under this Ordinance • cept on a complaint- (a) made by, or with the previous sanction in writing of, the Director-General or Chief Inspector; or (b) made by an office-bearer of a voluntary organisation re.gistered under the . Societies Registration Act, 1860; or ( c) made hy an office-bearer of any concerned trade union registered under the Trade Unions Act, 1926. :_;, (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of .first class shall try any offence punishable under this Ordinance. Cognizance of offences. 55. No court shall take cognizance of an offence punishable under this Ordinance . Limitation of lr88 the complaint thereof is made within three months from the date on which the alleged prosecutions. ission of the offence came to the knowledge of the Director-General, the Chieflnspector, ffice-bearer of a voluntary organisation or, as the case may be, aR office-bearer of any rned trade union. CHAPTER XI MISCELLANEOUS •• 56• A Board may, by general or special order, delegate to the Chairperson or any ff me~~er or to the Secretary or any other officer or employee of the Board, subject to cond1t1ons and 1· ·t • ·r . . •L d• t· 1m1 at10ns, 1 any, as may be specified m the order, such of 1r.,; powers u ies under th'· Ord' • 1s mance as lt may deem necessary . • 57. Every B d h II . • Stat G oar s a furmsh from time to time to the Central Government and to \, . e overnment such returns as they may require. •''58. Thep .. 10 b 'Id' rovisions of the Workmen's Compensation Act, 1923, shall so far as may be, i~\h Ing workers as if the employment to which this Ordinance applies had been · e Second Schedule to that Act. Delegation of powers. Returns. Application of Act g of 192~ to building workers. Protection of action taken in good faith. Power of Central Government to give direciions. Power to remove difficulties. Power to make rules. 20 THE GAZETTE OF INDIA EXTRAORDINARY _JPf\irr lil ----~ ., 59. (1) No suit, prosecution or other legal proceeding shall lie agai.nst any Ptcrs \ anything which is in good faith done or intended to be done in pursuance of this Ordi~n fi or any rule or order made thereunder. anc (2) No prosecution or other legal proceedine- shall lie against the Government 1 Bo~rd or Committees constituted under this Ordinance or any member of such Board 0 ~ :i officer or employee of the Government or the board or any other person authorised b -~ Gove'.nment_or ~n~ Board o: Committe~, for any damage c~used or likely to be caus:ct\;: anything which 1s m good faith done or mtended to be done m pursuance of this Ordin '1 . . anc1 or any rule or order made or issued thereunder. 60. The Central Government may give directions to the Government of any State or'! a Board as to the carrying into execution in that State of any of the provisions of this Ord1 nance. ij St 61. (/) If any difficulty arises in giving effect to the provisions of this Ordinance, t~ Central Government may, by order published in the Official Gazette, make such provisiohi not inconsistent withs the provisions of this Ordinance, as appears to it to be necessary ;J expedient for removing the difficulty: ;j Provided that no such order shall be made in 1elatioh to any State after the expiry~} two years from the date on which this Ordinance comes into force in that State. cl '<}~ (2) Every order made under this section shall, as soon as may be after it is made-~ laid before each House of Parliament. '!J 62. (]) The appropriate Government may, after consultation with the expert commi~ ,ee, by notification, make rules for carrying out the provisions of this Ordinance. ,., (2) In particular and without prejudice to the generality of the foregoing power, suc,m rules may provide for all or any of the following matters, namely:- "'' (a) the number of persons to be appointed as members representing vari' interests on the Central Advisory Committee and the State Advisory Committees, tenn of their office and other conditions of service, the procedure to be followed in discharge of their functions and the manner of filling vacancies under sub-section 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 thee committee for attending its meetings under sub-section (2) of section 5; (c) the form of application for the registration of an establishment, the le 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 . conditions subject to which such certificate may be issued under sub- section (3 section 7; (e) the fonn in which the change in ownership or management or other par( Jars shall be inti~ated to the registering officer under sub-section (4) of section (j) the fonn in which an application fur registration as a beneficiary shall made under sub-section (2) of section 12; (g) the document and the fee which shall accompany the application under section (3) of section 12; (h) the registers which the Secretary of the Board shall cause to be mainta under sub-section (6) of section 12; THE GAZETTE OF INDIA EXTRAORDINARY b nefits which may be given under sub-section (2) of section 14; (i) the e 21 (J) the form in which register of beneficiaries shall be maintained under sec- tion J5; he terms and conditions of appointment, the salaries and other allowances (k) t nd the manner of filling of casual vacancies of, the Chairperson and other ayable to, a b . 4 f . P . f the Board under su -section ( ) o sect10n 18; members o (l) the terms and conditions of service and the salaries and allowances payable. S retary and the other officers and employees of the Board under sub-section to the ec (J) of section 19; (m) the time and place of the meeting of the Board and the rules of procedure to ,, 11 wed at such meeting under sub-section (1) of section 20 includirig quorum be ,o o . . necessary for the transaction of busmess; (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?, . edical expenses payable and the persons who shall be the dependent of the benef1c1- :ies 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 sub-clause (b) of sub-section (p) of section 22; (p) thefonn in which and the time within which the budget of the Board shall be prepared and forwarded to Government under section 25; (q} the fonn in which and the time within which the annual report of the Board . ~hall be submitted to the State Government and the Central Government under section 26; (r) the fonn of annual statement of accounts under sub-section (]), 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(]) of section 28 and up to which, and the conditions subject to which, the provisions of that sub­ i••;::sect:ion 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 : mcluded therein under sub-section (J) of section 30; . (u) the form and manner in which a notice shall be exhibited and the particulars 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 (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 i (za~ the ~umber of representatives of the employer and the building workers ~u /ection (J) of section 38 and the qualifications of safety officers and the 0 e performed by them under sub-section (2) of that section; Repeal ~d saving. 22 THE GAZETfE OF INDIA EXTRAORDINARY [PART 11-Sec. !J'i ~" (zb) the form of a notice of accident, other matters to be provided i . J beh~lf and the time within which such notice shall be given under sub-section ~l t)h11{ section 39; of, (zc) the rules to be made for the safety and health of building workers u ct I • 40 n er' section ; :1 \ ' :j . (zd) the pow_ers that may be exe_rcised by an Inspect_or uQder ~lause (e) of sub.1 section (]) of section 43 and the guahficauons and experience whICh the experts j agencies employed under sub-section (2) of that section shall possess and the ter or ~ and conditions on which such experts or agencies may be employed; ms \ j . (ze) the date on or before which wages shall be paid to a building worker under section 45; ' ~ (if) the matters which are required to be prescribed under clause (i) of sub. a section (/) of section 46; 1 .~-i (zg) any other matter which is required to be or may be, prescribed. 1~ (3) Every rule made by the Central Government under this Ordinance shall be laid, as'~ soon as may be after it is made, before each House of Parliament, while it is in ses.sion for a)} total period of thirty days which may be comprised in one session or in two or more succes-<·:; si ve 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 theruJe\f or both Houses agree that the rule should not be made, the rule shall thereafter have effect ,.Jt only in such modified form or be of no effect, as the case may be; so, however, that any such JI modification or annulment shall be without prejudice to the validity of anything previously:;~ done under that rule. }t (4) Every rule made by the State Government under this Ordinanc:;e shall be lai'd, as;Ji soon as may be after it is made, before each House of the State Legislature where it consistsJ; of two Houses, or, where such Legislature consists of one House, before that House. !~ Ji 63. ( J) The Building and other Construction Workers' (Regulation of Employment:1t and Conditions of Service) Second Ordinance, 1996, is hereby repealed. ..:] )) (2) Notwithstanding such repeal, anything done or any action taken under the;}! Ordinance so repealed shaUbe deemed to have been done or taken under the corresponding/j provisions of this Ordinance. •~ I ;J~ K.L. MOHANPURIA, Secy. to the Govt. of India- I \;