Officials of the local government bodies, government offices and government enterprises which have sanctioned the construction of the cess for the recovery of cess have been empowered and the officials of the Government of Maharashtra, Industry, Energy and Labor Department According to the notification dated April 16, , the officers of the department have been appointed as Cess Recovery Officials, Assessing Officer and Appellate Authority. The cess fixing officer should fix the cess and recover the cess by the Cess Recovery Officer and submit it to the Board within 30 days with the prescribed form. All the construction workers are involved. Branch, Plot No. Payment of cess will not be accepted by cheque.

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Interpretation of words not defined. Duties and responsibilities of employers, employees and others. The canteen shall be located in a place away from the latrines and urinals and polluted atmosphere and at the same time be easily accessible to the building workers. The employer shall ensure timely payment of wages as specified under these rules and at the place and time notified by him.

Where the employer is a contractor, he shall ensure that the wages of building workers are paid in the presence of a representative of the employer of establishment or owner of premises from whom he has taken the work on contract and obtain signatures of such representative in token of having witnessed the payment of wages. It shall be the duty of every person in the service of the government or any local or other public authority to comply with the requirements relating to him as given in these rules.

Responsibilities of architects, project engineers and designers. Responsibilities of the persons in the service of the State Government and the Board. Duties and responsibilities of workers. If any of the aforesaid things is removed, such thing shall be restored at the end of the period during which its removal was necessary, by the persons engaged in that work. Constitution of Central Advisory Committee. Terms of Office. Cessation of membership. Disqualification for membership. Removal from membership.

Manner of filling vacancies. Staff of Central Advisory Committee. Allowances of members. Disposal of business. Notice of meetings and list of business. Manner of making application for registration of establishments. Grant of certificate of registration. The certificate of registration to be granted by the registering officer shall be in Form II annexed to these rules.

Payment of additional fees and amendment of register etc. Conditions of registration. Filing of appeal before the appellate officer. Failure to appear on the date of hearing. Restoration of appeals. Hearing of appeal. Copy of order of registration or of order in appeal.

A copy of the certificate, of registration on loss or mutilation of such certificate may also be obtained in the like manner and on payment of like fees. Payment of fees.

Excessive noise, vibration, etc. Fire protection. Emergency action plans. Fencing of motors, etc. Lifting and carrying of excessive weight. Health and safety policy.

Dangerous and harmful environment. Overhead protection. Slipping, tripping, cutting, drowning and falling hazards. Such equipment or means shall be in accordance with the national standards. Dust, gases, fumes, etc. Corrosive substances. Eye protection. Head protection and other protective apparel.

Electrical hazards. Vehicular traffic. Stability of structures. Illumination of passageways, etc. Stacking of materials. Disposal of debris. Numbering and marking of floors.

Use of safety helmets and shoes. Construction and maintenance of lifting appliances. Test and periodical examination of lifting appliances. Automatic safe load indicators.


The Building and Other Construction Workers

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. 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 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. 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. 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


BOCW Act - Building and Other Construction Workers Rules - PPT Download

These workers are one of the most vulnerable segments of the unorganised labour in India. Their work is of temporary nature, the relationship between employer and the employee is temporary, working hours are uncertain. Basic amenities and welfare facilities provided to these workers are inadequate. Risk to life and limb is also inherent. In the absence of adequate statutory provisions to get the requisite information regarding the number and nature of accidents was quite difficult and due to this to fix responsibility or to take corrective measures was not an easy job. Although the provisions of certain Central Acts were applicable to the building and other construction workers yet a need was felt for a comprehensive Central Legislation for regulating the safety, welfare and other conditions of service of these workers. In pursuant to the decision of the 41st Labour Ministers Conference held on 18th May, , the Committee of State Labour Ministers had expressed its consensus for the Central Legislation on this subject.


Employment Regulations and Service Conditions

A bench headed by Chief Justice S H Kapadia asked the Centre "why it cannot take action against the erring states" over the non-implementation of law. Are you helpless? You are not taking action," the bench, also comprising justices K S Radhakrishnan and Swatanter Kumar, said. The court said it would pass the order in which it would ask Chief Secretary or the Labour Secretary to be present before it for their failure to implement year old law. The petition was filed by an NGO, National Campaign Committee for Construction Labour, which alleged that many states including Maharastra, Goa, Nagaland and Chandigadh have failed to implement the law meant to regulate unorganised construction worker. The Act says the appropriate government has to appoint registering officers and every employer shall register their establishment. Under the law, the building workers are to be given various benefits and in order to enable the workers to avail the benefits, each State has to constitute a State Welfare Board.

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