LETTER


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

CHAPTER III
REGISTRATION OF ESTABLISHMENTS

6. Appointment of registering officers     

The appropriate Government may, by order notified in the Official Gazette--

  • appoint such persons, being Gazetted Officers of Government, as it thinks fit, to be the registering officers for the purposes of this Act; and
  • define the limits within which a registering officer shall exercise the powers conferred on him by or under this Act.

7. Registration of establishments
  • Every employer shall--
    • In relation to an establishment to which this Act applies on its commencement, within a period of sixty days from such commencement; and
      • in relation to any other establishment to which this Act may be applicable at any time after such commencement, within a period of sixty days from the date on which this Act becomes applicable to such establishment,


    make an application to the registering officer for the registration of such establishment:
    PROVIDED that the registering officer may entertain any such application after the expiry of the periods aforesaid, if he is satisfied that the applicant was prevented by sufficient cause from making the application within such period.

    (2) Every application under sub-section (1) shall be in such form and shall contain such particulars and shall be accompanied by such fees as may be prescribed.

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

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

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

    COMMENTS


    If the registration of any establishment has been obtained by misrepresentation or suppression of any material fact or that the provisions of the Act are not being complied with in relation to any work carried on by such establisment, the registration may be revoked by the registering officer by giving an opportunity to the employer of the establishment to be heard.


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

    PROVIDED that the appellate officer may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

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

    COMMENTS

    Any person is aggrieved by an order of the registering officer, he can prefer an appeal to the appellate officer within 30 days from the date on which the order is communicated to him. The appeal can be made even after the expiry of 30 days if the appellant satisfies the appellate officer that he was prevented by sufficient cause from filing the appeal in time.


    10. Effect of non-registration
    No employer of an establishment to which this Act applies, shall--
    (a) in the case of an establishment required to be registered under section 7, but which has not been registered under that section;
    (b) in the case of an establishment the registration in respect of which has been revoked under section 8 and no appeal has been preferred against such order of revocation under section 9 within the period prescribed for the preferring of such appeal or where an appeal has been so preferred, such appeal has been dismissed, employ building workers in the establishment after the expiry of the period referred to in clause (a) or clause (b) of sub-section (1) of section 7, or after the revocation of registration under section 8 or after the expiry of the period for preferring an appeal under section 9 or after the dismissal of the appeal, as the case may be.

    COMMENTS


    No employer of an establishment for which registration is to be required but which has not been registered or registration of aforesaid establishment has been revoked and no appeal has been preferred or where an appeal has been preferred but such an appeal has been dismissed, can employ building workers in the establishment after the expiry of the period as per clause (a) or clause (b) of sub-section (1) of section 7, or after the revocation of registration u/s 8 or after the expiry of the period for preferring an appeal u/s 9 or after the dismissal of the appeal.

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

CHAPTER IV

REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES

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

  • (1) Every building worker who has completed eighteen years of age, but has not completed sixty years of age, and who has been engaged in any building or other construction work for not less than ninety days during the preceding twelve months shall be eligible for registration as a beneficiary under this Act.
  • An application for registration shall be made in such form, as may be prescribed, to the officer authorised by the Board in this behalf.
  • Every application under sub-section (2) shall be accompanied by such documents together with such fee not exceeding fifty rupees as may be prescribed.
  • If the officer authorised by the Board under sub-section (2) is satisfied that the applicant has complied with the provisions of this Act and the rules made thereunder, he shall register the name of the building worker as a beneficiary under this Act:

    • PROVIDED that an application for registration shall not be rejected without giving the applicant an opportunity of being heard.
  • 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.
  • The Secretary of the Board shall cause to maintain such registers as may be prescribed.

COMMENTS


Every building worker who has age of not less than 18 years but not completed 60 years has been engaged in any building or other construction work for not less than 90 days during the preceding 12 months shall be eligible for registration as a beneficiary of the Building and other Construction Workers' Welfare Fund.

13. Identity cards
  • 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.
  • Every employer shall enter in the identity card the details of the building or other construction work done by the beneficiary and authenticate the same and return it to the beneficiary.
  • 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
  • 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.
  • Notwithstanding anything contained in sub-section (1), if a person had been a beneficiary for at least three years continuously immediately before attaining the age of sixty years, he shall be eligible to get such benefits as may be prescribed.
Explanation : For computing the period of three years as a beneficiary with a Board under this sub-section, there shall be added any period for which a person had been a beneficiary with any other Board immediately before his registration.
15. Register of beneficiaries

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


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

    • PROVIDED that the Board may, if satisfied that a beneficiary is unable to pay his contribution due to any financial hardship, waive the payment of contribution for a period not exceeding three months at a time.
  • A beneficiary may authorise his employer to deduct his contribution from his monthly wages and to remit the same, within fifteen days from such deduction, to the Board.
    • 17. Effect of non-payment of contribution

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


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