Commissioner of Labour

Act & Rules

Salient Features

Background

The workers engaged in building and other construction works, are the most vulnerable segments of the unorganized labour in India, the works undertaken by them, are casual and temporary and is characterized by their inherent risk to the life and limb of the workers; even the relationship of workers and the employers is temporary; the working hours are uncertain. The workers often made to work for longer hours; the sites at which the workers undertake/carry on their work, lack basic amenities and welfare facilities. Hence the Government of India felt the need of a comprehensive central legislation, regulating the safety, health, welfare and other conditions of service of the workers engaged in building and other construction works.

Therefore to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare measures for the other matters connected therewith or incidental thereto the said Central Act, has been enacted and has deemed to have come into force with effect from 01.03.1996.

Applicability

The Act applies to every establishment which employs, or had employed any day of the proceeding twelve months, ten or more building workers in any building or other construction work. [Section 1(4)]
It is applicable to the employer and the contractor.

Some Important Definitions

Building Worker

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

who is mainly in a managerial or administrative capacity

or who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per month or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature. [ Section 2(e)]

Beneficiary

under the Act means a building worker registered under Section 12

Building or Other Construction Work

means - The construction, alteration, repairs, maintenance or demolition, of or, in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water) oil and gas installations, electric lines, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aquaducts, pipelines, towers, cooling towers, transmission towers and such other as may be specified in this behalf by the appropriate Government, by notification but does not include any building or other construction work to which the provisions of the Factories Act, 1948 (63 of 1948) or the Mines Act, 1952 (35 of 1952) apply. [Section 2(d)]

Contractor

means a person who undertakes to produce a given result for any establishment, other than a mere supply of goods or articles of manufacture, by the employment of building workers or who supplies building workers for any work of the establishment; and includes a sub-contractor [Section 2(g)]

Employer

in relation to an establishment, is defined in Section 2(i) to mean, the owner thereof, and includes

  • in relation to a building or other construction work carried out by or under the authority of any department of the Government, directly without any contractor, the authority specified in this behalf, or where no authority is specified, the head of the department
  • in relation to a building or other construction work carried on by or on behalf of a local authority or other establishment, directly without any contractor, the chief executive officer of that authority or establishment; 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

Establishment

means - any establishment belonging to, or under the control of, Government, any body corporate or firm, an individual or association or other body of individuals, which or who employs building workers in any building or other construction work; and includes an establishment belonging to a contractor, but does not include an individual who employs such workers in any building or construction work in relation to his own residence the total cost of such construction not being more than rupees ten lakhs. [Section 2(j)]

Penalty

Whoever contravenes the provisions of any rules made under section 40 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both and in case of continuing contravention, with an additional fine which may extend to one hundred rupees for every day during which such contravention continues.

Person convicted under sub section (1) of section 47 if again involved in contravention or failure of compliance of the same provision, he shall be punishable on subsequent conviction with imprisonment for a term which may extend to Six months or with fine which shall not be less than five hundred rupees but not more than two thousand repees or with both. (Section 47)

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