Chapter IV
Registration of Building Workers as Beneficiaries
11.Beneficiaries of the Fund.-
Subject to the provisions of this Act, every building workers 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 beneficiary under this Act.
(2) An application for registration shall be made in such form, as may be prescribed, to the officer authorized 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 authorized by the Board under sub-section (2) is satisfied that the applicant has complied with the provisions of this Act and the rules made thereunder, he shall register the name of the building workers 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.
(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 be 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 authorized 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 construction 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 authorize 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.
Chapter V
Building and Other Construction Worker’s Welfare Boards
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;
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 Boards, 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 meetings, 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 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 Governments 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 in 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 authorized 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 a 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 and 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.
(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 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) provided 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, an 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 out 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 may 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 of wage slips to building workers employed in an establishment and prescribe the manner in which entries shall be made and authenticated in such wages 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.
(2) All such points shall be legibly marked “Drinking Water” in a language under-stood by a majority of the persons employed in such place and no such point shall be situated within six meters 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 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. Accommodation – 2
(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 room 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 woman 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.
