STRIKES - chettinadtech.ac.inchettinadtech.ac.in/...11-08/...16-2245-ksenth77.docx · Web viewCHETTINAD COLLEGE OF ENGINEERING & TECHNOLOGY. DEPARTMENT OF MANAGEMENT STUDIES. MATERIAL

Industrial Relation & Labour Welfare

CHETTINAD COLLEGE OF ENGINEERING & TECHNOLOGYDEPARTMENT OF MANAGEMENT STUDIES

MATERIALUNIT – I

Industrial relations:

“The collective relationship between management employees and government in any industrial or non industrial organizations”

Individual relationships of workers with their management are excluded from this.

Industrial revolution:

In the pre-Industrial society, agriculture was the major source of wealth production was based on rudimentary skills passed on from father to son.

With industrial revolution capital became the critical factor of production. Industrialization brought drastic changes in the working methods, manpower management relations on the shop floor.

Industrial revolution and technological advancements distinct two classes on the

Industrial scene.

i) Capitalist classii) Working class

Trends in early stages of Industrialization:

i) Loss of freedomii) Unhygienic working conditionsiii) Employment of children

Doctrine of Laissez Faire:

i) Freedom to contractii) Dynamics of marketiii) Pursuit of self-interest

Trend influenced the nature of industrial work:

i) Elimination of physical workii) Mass production at low costiii) Specialization of functionsiv) Elaborate control mechanismv) Reduction in work skillsvi) Increased sense of Alienation among working peoplevii) Hard work and capital formationviii) Evolution of Entrepreneurial Eliteix) Independence

Dr.K.Senthil, Sr. Assistant Prof, - 1 -


x) Strict Disciplinexi) Un hygienically harsh working and living conditionsxii) Increased mobility

Main aspect of Industrial revolution:

i) Promotion and development of healthy labour-myth relationsa) The existence of strong well organized, democratic and responsible trade unions

and association of employeesb) The spirit of collective bargaining and willing ness to take recourse to voluntary

arbitrationc) Welfare work

ii) Maintenance of industrial peacea) Machinery should be set up for the prevention and settlement of industrial

disputes.b) The government should have the power of efer disputes to adjudicationc) The government enjoys the power to maintain the status quo.d) The provision of the bipartite and tripartite forums for the settlement of disputes

Development of Industrial democracy:

a) Establishment of the shop councils and joint management council b) Recognition of human rights in industry.c) Increase in labour productivityd) Availability of proper worker environment.

Nature of Industrial Revolution:

a) Both the groups develop different orientation and preparation on there interest.b) There are no mutually accepted yardsticks or norms.c) There is no neutral field for the groups to meet on.

Importance of industrial revolution:

To help in economic progress of a country To help establishing and maintaining true industrial democracy To help the management to formulate and implement Industrial revolution

policies. To encourage collective bargaining as a means of self regulations To help government in making laws forbidding unfair practices of unions and

employees. To boost the discipline and morale of workers.

Conditions of good Industrial Revolution:

i) History of Industrial revolutionii) Economic satisfaction of workers



iii) Social and Psychological satisfaction of workersiv) Off the job conditions of workers.v) Enlightened and responsible labour unionsvi) Negotiating skills and attitudes of management and workers.vii)Public policy and legislation viii) Education of workersix) Nature of Industry and business cycles.

Factors affecting Industrial revolution:

i) Institutional factorsii) Economic factors iii) Social factors iv) Technological factorsv) Psychological factors vi) Political factorsvii) Enterprise related factorsviii) Global factors.

Causes of poor industrial relations:

Uninteresting nature of work Political nature of unions Poor wages Occupational stability Poor behaviour climate

Effects of Industrial revolution:

i) Multiplier effectii) Fall in normal tempoiii) Resistance to changeiv) Frustration and social cost.

Suggestion to improve industrial revolution:

i) Top management supportii) Developing sound human resource management policies and industrial

revolution practices.iii) Provisions of adequate supervisory training iv) Follow up of results.



INDUSTIRAL RELATIONS ON PUBLIC SECTOREvolution of the public sector

v Prior to 1947 – investment on railways, post & telegraph, ordnance factory, and salt industry

v Industrial policy resolution ( 1956) – Public sector on public utility servicesv Scheduled – A (17 Industries) – Public sectorv Scheduled – B ( 12 Industries) – State owned or Privates

OBJECTIVES OF PUBLIC SECTOR• To promote rapid economic development by filling critical gaps in the industrial

structure• To provide basic infrastructure facilities for the growth of the economy• To undertake economic activity strategically important for the growth of the

country• To achieve balanced regional development • To reduce disparities of income• To avoid concentration of economic power in a few hands• To control sensitive areas• To attain self – reliance in different technologies • To enhance employment opportunities• To increase exports and earn foreign exchange

CHANGING PROFILE OF PUBLIC SECTOR• Upto 1966 – Nehru – PSU get flourished• Lal Bahadur Shastri – No policy change• 1967 – Indira Gandhi – Vigorous efforts – rapid development – play a key role • 1970 – Strongly Favoured to PSU• 1977 – Janata – Emphasis small, tiny and cottage industries• 1980 – try for new industrial policy ( but not framed)• 1990 – Janata – introduced new policy ( failed to indicate substantial change)

allowed private in steel and power

GROWTH OF PUBLIC SECTORNO PERIOD No.

EnterprisesInvestment(Rs.- Crores)

1 At the first commencement of the First plan ( April 1951) 05 292 At the commencement of the second plan ( April 1956) 21 813 At the commencement of the third plan (March 1960) 74 2,4154 At the commencement of the Fourth plan 85 3,9025 At the commencement of the Fifth plan 122 6,2376 At the commencement of the Sixth plan 186 18,2257 At the commencement of the Seventh plan 211 42,9658 At the commencement of the Eight plan 237 1,39,933

FACTORS – INEFFECTIVE WORKING & FAILURE



• Recurring financial losses• Bureaucratic style of working• Lack of professional Expertise• High cost of projects• Over stocking of inventories• Unproductive expenses• Increased burden of sick units• Neglect of R & D activities• Over staffing• Improper use of existing talents• Uneconomic & Uncompetitive pricing• Lack of organic linkage between big plants and small industries

RECRUITMENT POLICYv Unskilled workers should be drawn from the locality where the project is situatedv Greater emphasis on SC & STv Preference given to the trenched workersv Middle level technical & Non Technical – India basis, merit & qualificationsv Higher Non – Technical – Candidates available in the Industrial and Management

post or advertisementv Higher Technical – advertisement all India basis or by personal contactv All through Employment Exchange – Govt. Representativev Urgent appointments if made should be brought to the notice of the selection

committee.

STRIKES & LOCKOUTS IN PSU’S

Central Sphere (%) Public SectorNo of Strikes & Lockouts 20 to 30 26 to 36No of workers involved 40 to 58 45 to 68Man days lost in strike 02 to 13 06 to 24

CAUSES OF INDUSTRIAL DUISBUTESEndogenous :-

1. Economic benefits – 95% of disputes are directly or indirectly related with it.2. Indian workers are not match with their employers on intellectually and resource

wise – inferior complexity raised3. Multiplicity of union4. Bureaucracy, red-tapism, corruption, and evasion of responsibility5. Bureaucratic style not allowed to implement dynamic HR Policies

Exogenous :-1. Political Nature of Trade Union2. Philosophies of trade union is influencing3. Government interference in the working of PSU’s

MAJOR INDUSTRIAL RELATION EVENTS ( 1991 – 94)



1. Indian Airlines:Indefinite strike – 10th Dec 1992 to 25th Jan 1993 for safety and increased

allowancesSafety – referred to arbitrator and awards declared by ministryConciliation Settlement was signed on 11th Nov 1993 – provided relaxed flight

duty & time limitationsAgreed – enhanced flight allowances addition with special & experience

allowancesothers matters are resolved trough conciliation settlement on 11th Nov 1994Another agitation in October / November was solved through informal

consultation

2. Air India:-Flight engineers went on strike on Feb 27, 1993 for similar uniform, additional

flight engineers on long halt flights and enhancement of allowances The stike called of on 23rd April 1993 by the settlement provided for three striped

uniforms, intensive training for career progression and others matters settled by bilateral.But they get failed to solved so again there is a strike on 28th July 1993 and

conciliation settlement was signed on 12th Aug 1993

3. Strike by Banks & Insurance Employees:-Notice of Strike for - One day strike on 2nd Sept 1993, & 4th Oct 1993 and

Indefinite strike from 2nd Nov 1993 for Wage revision, Gratuity, bonus and against privatization

Indian Bank Association signed agreement on 29th October with three associations – pension and computerization

A series of strikes took place from Feb to May 1994Long Term wage settlement singed on 8th Oct 1994

4. Strike by the postal employees:-Six association went strike on 7th Dec 1993 demanding grant of scales, pay

scales, pension, leave with pay to extra dept. employees, revision of pay scales of postmen, time bound promotion, maintenance work norms and protection against privatization

Conciliation proceedings on 8th & 10th Dec 1993 – failedBilateral discussion with ministry on 13th Dec 1993Interim relief to extra departmental employees, increased allowances/

compensation to extra departmental / branch post masters holiday allowances to postmen.

5. All India Industrial Strikes / Bharat Bandh:- CITU, HMS, AITUC & UTUC orgainsed nation wide industrial strike on 9th Sept 1993protest against new economic and industrial policyImpact 38% on operation of Indian airlines

52% to 73% in coal sector 50% in banking sector



20% on insurance sectorTransport systems of west bengal, part of eastern India, Kerala, Bangalore and Pondicherry.

6. Major ports:-Between 1992 to 1994 Dec strike for wages by Cochin, Mangalore, Madras,

TuticorinThe settlement signed on wages for 11 major ports and 7 dock labour boards on

6th dec1994The settlement is for five years from 1st Jan 1993 to 12th Dec 1998

7. Oil India Limited:-A long term settlement on wages and working conditions was signed on 25th May 1993

8. Indian Iron & Steel Co Ltd:-Central Trade Union is went on strike on 6th May 1994 demanded that IISCO modernization should be by the SAIL

RECOMMENDATIONS OF NATIONAL COMMISSION ON LABOUR1. Recruitment2. Promotions3. Standing orders4. Working Conditions5. Wage Differentials6. Labour Relations

SUGGESTIONS FOR IMPROVING INDUSTRIAL RELATIONSv Humanization of Managementv Adoption of suitable Human Resource Developmentv Control of Union Qualityv Encouraging Workers Participation in Managementv Check Off Systems – Collective Bargainingv Encourage voluntary arbitration

Trade union

“A continuous association of wage earners for the purpose of maintaining or improving the conditions of their working lives”.

Reasons workers organize themselves in to trade union:# To oppose management# To participate in union activities.# To exercise leadership# To fall in line with others# To get employment.Objectives:



1. To defend or improve the wages and working conditions of workers and to bring about a change in the economic order.

2. To overview capitalism and to bring about a revolutionary and fundamental change in the political order.

3. To replace managerial dictatorship by workers democracy.

Functions of Trade union:

1. Relating to members.2. Relating to organization3. Relating to the union4. Relating to the society.

Essentials of a successful Trade union:

1. A solid foundation.2. Clear objectives, policies, and procedures.3. Should be run by the members for the members.4. Should have honesty.5. Should have sense of responsibility.

Development of Trade union:

1. Social welfare period [1875-1918]2. Early Trade union period [1918-1924]3. Leftwing Trade union [1924-1934]4. Trade union unity period [1935-1938]5. Second world war [1939-1945]6. Post Independence period [1947-to date]

Problems of Trade union:

# Uneven growth# Small size# Financial weakness# Multiplicity# Leadership # Politicalisation# Leadership# Management attitude# Statutory report# Illiteracy and Ignorance

CODE OF CONDUCT



Principles of Code of Conduct:

Principles are laid on July 1957 at 15th Indian Labour Conference

v There should be no lockout or strike without noticev No unilateral action should be taken in connection of any Industrial Matterv There should be no recourse to go slow tacticsv No deliberate damage should be caused to plant or propertyv Acts of violence should be avoidedv Utilization of existing dispute machinery for settlementv Speedy implementation of awards and agreementsv Agreements disturbing I.R should avoided

It was accepted by INTUC, HMS, AITUC, & UTUC – worker unionsAll India organization of Industrial Employers All India Manufactures Organization Employers Association

Features of Conduct:

Govt. induced self imposed and mutually agreed voluntary discipline It aims to voluntary and mutual settlement of disputes It restrains both parties from unilateral actions It compels the parties not to indulge strike and lockouts It requires cooperation should be encouraged between both parties It enjoins upon the Mgt to take prompt action for settlement Act or agreement should be avoided by both parties if affect I.R Employers recognize the majority union

CODE OF DISCIPLINE

Industry, Management and Union Agree:

1. No unilateral action should be taken2. Utilization of Existing machinery for settlement of disputes3. There should be no strike or lockout without notice4. Neither will have recourse to coercion, victimization and go slow5. Promote constructive cooperation 6. Mutually agreed basis of grievance procedure7. Abide various stages of grievance procedure8. Educate the Mgt. Personnel and workers regarding their obligations to each other

Management Agrees:



1. Not to increase workloads unless agreed upon 2. Not to support or encourage any unfair labour practices3. Take prompt action for implementation of settlement and agreement4. Display the code of conduct at conspicuous places in local languages5. Distinguish the disciplinary actions6. To take appropriate disciplinary actions against its officers and members –reg7. To recognize the union in accordance to the criteria of 16th ILC

Union(s) Agree:

1. Not to encourage any form of physical duress2. Not to permit demonstration 3. Not to engage union activities during working hours except provided by law4. Not to encourage unfair labour practices5. To take prompt action to implement awards and settlement 6. Display the code of conduct at conspicuous place in trade union7. To take appropriate action against office bearers and members for indulging in

any action against the spirit of this code.

UNIT-2



STRIKES“Strike is a temporary cessation of work by a group of employees in order to express their grievance or to enforce a demand concerning changes in work conditions”

Types of Strikes:Stay Away strike Sit down strikeTools down strike Token / Protest strikeLightning Strike Go slowBoycott GheraoHunger Strike Sympathetic strike

When Strike are Justified?

v It should launched for economic demandv The demands should be reasonablev Its for withdrawn of existing facilityv Strike is for unfair labour practicesv When there is no response from the Mgt. in spite of referring a demand and

issuing a reminder

Illegal Strikes:

v Strike in public utility services without a 6 week noticev Strike conducted within 14 days of giving such noticev Strike conducted while the conciliation proceedingsv Seven days after the conclusion of conciliation proceedingsv One union gone for conciliation proceedings and other union gone for strike

regarding same matter

Prevention of Strikes:

Well-defined Human resource management policies Effective administration and timely implementation of HR Policies Effective two way communication system Provide humane conditions and welfare activities Adopt a suitable and speedy grievance redressal procedure Recognition of trade union and its members Bilateral & Multilateral activity

Lockouts:“Lock out means the closing of a place of business or employment or the

suspension of work, or the refusal by an employer to continue to employ any number of person employed by him”

CONCILIATION



Preliminary steps towards conciliation:-

1. Decision has to be taken to submit a dispute to conciliation2. A conciliator has to be assigned to the case.3. Preliminary contacts with dispute parties by a conciliator.

a. Give them information.b. Obtain information from them..c. Establish his relationship with them on positive manner.

4. Based on these e prepare his next moves and tentatively decides how shall he act.5. Procedural functions relating to the scheduling, arranging and conduct of meeting with parties.6. Settlement of disputes.

Sequential pattern of conciliation:- 1 .Hard posture phase. 2. Search for accommodation. 3. Emergence of appropriate moods for settlement of compromise.

Drafting of agreement:-

o Conciliators efforts to settle a dispute comes to an end he takes some action to wind up the proceedings.

o He participates in drafting of agreement reached he may write a final report on his intervention he may assist the parties in initiating further proceedings if he is not make to solve disputes.

o He must submit a report to the government with in a stipulated period whether agreement reached or not.

o The report must indicate.

Steps taken to asceration the facts and circumstances relations i.d1. Steps taken to bring about the settlement.2. Full statement of facts and circumstances.3. Reasons for which the settlement could not be reached.

oRecommentation or suggestions is not requiredoGovernment may refer to a labour court or tribunas or etc., for settlemet of I.D.

Conciliation proceeding in India:Appointment:-# Government appointment# For specifies industry or general.# Permanent or General.Duties:-$ To hold Conciliation proceedings.



$ To investigate the disputes$ To send a report and memorandum of settlements$ To send a report [with in 14 days]

Power:-# Power to enter premises# Power to call for and inspect documents.

Board of Conciliation:-

Appoinment:-

$ Government appointment$ Board consists of chairman 2 or 4 other members.Members are from disputes parties recommened by them otherwise government appoints it Chairman must be important appointed by government.$ Board must have quorum to hold proceedings.

Duties: Same like as Conciliation officer.But report has to be submit with in two months.It can be extended another 2 months after agreed on in writing by all the parties to the another.

Prohibition of strike or Lockout:

If industrial disputes refers to the Conciliation them disputes parties must called off their lock out and strikes if any. After 7 days the conclusion will proceed.

Termination of settlement:

Agreement be in force like mentioned in the settlement. If not mentioned it remains binding for 6 months. It also gets extended until the parties give a notice in writing to terminate the settlement.

ARIBITRATION

“Arbitration is a means of securing an award on a conflict issue by reference to a third party”.

“It is a process where there is a hearing and determination of a cause between parties in controversy by a person or persons chosen by them or appointed under a statutory provision”.

“It is a process in which a dispute is submitted to an impartial outsider who makes a decision which is usually binding on both the parties”.



“The objective of Arbitration is not compromise but adjudication through the parties are at liberty to compromise. A wise Arbitration will certainly promotion such agreements, but as a rule there is no place for compromise in the awards”.

Approaches:

1. Judicial2. Non-judicial

Decision must be based on some sound principles of natural justice, workable.

Advantages:-

1. Both parties is having greater faith and confidence in a settlement machinery because they only select the person.

2. The operating system closest to the parties of dispute it enables them to understand and more familiar with the characteristics of that industry.

3. It results in a prompt settlement of disputes because of small procedures.4. It is less expensive because of simple procedures.5. There is no chance of litigations because the implementations of awards are easy.6. It is a sound base for healthy Industrial relation, mutual understanding and co-

opertaion.7. It is popular because it is suitable & compelling.

Limitations of Arbitration:

1. It deprives labour of its right to go on a strike.2. Judgment is often ill-advised because of lack knowledge about economic & technical aspects of industry.3. They are often biased against labour.4. Delay often occurs.5. Conditions imposed by a third party may be requested.6. Too much Arbitration is not a sign of healthy relationships.

Types of Aribitration:

Voluntary Aribitration:

Essentials:# Voluntary submission of dispute to an Arbitration.# Subsequent attendance of witness & investigation.# Enforcement of an award may not be necessary and binding.# It is needed for disputes arising under agreement.

Compulsory Arbitration:



It is purely base on discretion of the government. They never worried about the acceptance of the dispute parties.

When government go for compulsory Arbitration?

1. Parties fail to arrive at a settlement by a voluntary method.2. Because of National emergency.3. Economic crisis.4. Public dissatisfaction.5. Parties are ill balanced.6. To safe guard public interest and working conditions.

UNIT – 3



LABOUR WELFAREDefinition:-

“Anything done for the intellectual, physical, moral and economic betterment of the workers, whether by employers, by government or by other agencies, over and above what is laid down by law or what is normally expected of the contractual benefits for which workers may have bargained”

-Labour Investigation Committee-“Such services, facilities and amenities as adequate canteens, rest and recreation

facilities, sanitary and medical facilities, arrangements for travel to and from place of work and for the accommodation of workers employed at a distance from their homes; and such other services, amenities and facilities, including social security measures, as contribute to the conditions under which workers are employed”

- Committee on labour welfare-

“Such services, facilities and amenities as may be established in or in the vicinity of undertakings to enable the persons employed in them to perform their work in healthy, congenial surroundings and provided with amenities conducive to good health and high morale”

- ILO-“ The voluntary efforts of the employers to establish, within the existing industrial

system, working and sometimes, living and cultural conditions of the employees beyond what is required by law, the custom of the country and he conditions of the market”

- Encyclopedia of Social sciences-Features:

v It is the work which is usually undertaken for the benefit of the employees and the members of their families

v The work generally includes those items of welfare are over and above the statutory provisions

v The purpose of providing welfare amenities is to bring about the development of the whole personality of the workers

v These facilities may be provided – Voluntarily by an employer by realization of social responsibility towards employee – Statutory provisions – Undertaken by the Govt or Trade union

v Labour welfare is a broad termv It has both intra-mural and extra-mural

Intra-mural Welfare:1) Toilets 2) Washing & Bathing Facilities 3) Crèches4) Rest Shelters 5) Canteens 6) Drinking Water7) Health services 8) Uniform & Protective cloths 9) Shift allowances10) Arrangements for prevention of fatigue

Extra-mural Welfare:1) Maternity Benefit 2) Social Insurance 3) Medical Facilities4) Educational Facilities 5) Housing Facilities 6) Recreation Facilities7) Workers Cooperatives 8) Transportation 9) Vocational Training



Scope of Labour welfare Works:1. Conditions of work environment2. Workers Health Services3. Labour welfare programme4. Labour economic welfare programme5. General welfare work

Approaches to Labour Welfare:-v Location where the amenities are providedv Nature of amenities are provided with ‘conditions of employment’ and living

conditions of work people’v Welfare activities termed as statutory, voluntary and mutualv Agency which provides these amenities

1)Factories Act:-v Washing Facilitiesv Facilities for storing and drying clothingv Rest Roomsv First Aid Box – every 150, Ambulance – More than 500 workersv Canteens – More than 250 workersv Creche – More than 30 women workersv Welfare officer – more than 500 workers

2)Plantations Act(1951):-v Canteen – More than 150 workersv Creche – More than 50 women workersv Recreational facilities for workers and their childrenv Educational arrangements in estate itself if more than 25 worker’s children

between 6 to 12v Housing facilitiesv Medical aidv Umbrellas, blankets, raincoats or other amenities for their protection against rain

or cold v Welfare officer more than 300 worker

3)Mines Act(1951):-v Shelters for taking food and rest if more than 50 workersv First aid boxes and rooms – More than 150 workersv Canteen – More than 250 workersv Creche – More than 50 workersv Pit head paths equipped with showers and sanitary latrinesv Welfare officer – More than 500 workers

4)Motor Transport Workers Act(1961):-v First aid box on every vehiclev Medical facilities at the operating and halting centres



v Canteen – More than 100 workersv Clean, Ventilated, Comfortable rest rooms at every place of haltv Uniforms, raincoats to drivers, conductors and line checking staffv Working allowances

5)Merchant Shipping Act(1958):-v Crew accommodationv Supply of hygienic drinking waterv Supply of necessary items like bedding, towel etc.,v First aid facilities, doctors, provisions of medical storesv Regular medical check-up and medical assistancev Seamen’s welfare officerv Provision of hotels, clubs, canteen, library, educational facilities

6)Dock Workers(1961):-v Toiletsv Rest roomsv Washing and bathing facilitiesv Drinking water and Canteen facilitiesv First aid facilitiesv Educational facilitiesv Sports and Recreationv Medical Facilitiesv Fair price shops and cooperative societies

7)Contract Labour Act(1970):-v Canteen – More than 100 workersv Rest roomsv Washing facilitiesv First Aid box

8)Inter state migrant workmen Act(1979):-v Suitable conditions of workv Suitable residential accommodationsv Medical facilities v Protective clothing

WELFARE COMMISSIONERS AND THEIR JURISDICTIONName of Region States Covered

1 Welfare Commissioner, (Allahabad) Uttar Pradesh, Himachal Pradesh,Punjab, Jammu & Kashmir andUttaranchal

2 Welfare Commissioner, (Bangalore) Karnataka & Kerala3 Welfare Commissioner, (Bhilwara) Gujarat, Rajasthan & Haryana4 Welfare Commissioner, (Bhubaneswar) Orissa



5 Welfare Commissioner, (Kolkata) West Bengal, Assam, Tripura &Meghalaya

6 Welfare Commissioner, (Hyderabad) Tamil Nadu & Andhra Pradesh7 Welfare Commissioner, (Jabalpur) Madhya Pradesh and Chhattisgarh8 Welfare Commissioner, (Karma) Bihar and Jharkhand9 Welfare Commissioner, (Nagpur) Maharashtra & Goa

Achievements of Welfare Funds 2003-2004 2004-2005

Utilization of Welfare Funds Rs.98.98 Rs.77.62Cess collection Rs.110.73 Rs.43.74Expenditure on health care facilities Rs.37.45 Rs.29.84Number of Patients treated in dispensaries / Rs.51.58 lakh Rs.36.04 LhospitalsAssistance sanctioned for housing Rs.11.40 Rs.21.36Expenditure on educational assistance Rs.43.23 Rs.35.01Expenditure on recreational facilities Rs.0.682 Rs.0.41Expenditure on Water Supply Rs.0.18 Rs.0.1

Note: 2004-2005 figures are upto 31st December 2004.



WELFARE FUNDS

The scheme of Welfare Funds is outside the framework of specific employer and employee relationship in as much as the Government on a non-contributory basis raises the resources and delivery of welfare services is affected without linkage to individual worker’s contribution. The finances are raised by imposing cess on the commercial activity of the target group. Towards this end, separate legislations have been enacted by Parliament to set up five Welfare Funds to be administered by Ministry of Labour to provide housing, medical care, social security, educational and recreational facilities to workers employed in beedi industry, certain non-coal mines and cine workers.

The Ministry of Labour (Labour Welfare Fund Wing of Labour Welfare Division) is responsible for the administration of these funds, which have been set up under the following Acts of Parliament:

The Mica Mines Labour Welfare Fund Act, 1946; The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972; The Iron Ore, Manganese Ore and Chrome Ore Mines Labour Welfare

Fund Act, 1976; The Beedi Workers’ Welfare Fund Act, 1976; and The Cine Workers’ Welfare Fund Act, 1981.

In addition, the Cine Workers’ and Cinema Theatre Workers’ (Regulation of Employment) Act, 1981 and The Beedi & Cigar Workers (Conditions of Employment), Act, 1966 have also been enacted by Parliament for upliftment of working and living conditions of cine and beedi workers.

Schemes under welfare funds cater to the following needs of the workers

1. Public health and sanitation, medical facilities and the prevention of disease; 2. Water supply and facilities for washing; 3. Educational facilities; 4. Housing and recreational facilities including standards of living, nutrition and

amelioration of social cconditions. Presently this is not for cine workers; 5. Family welfare, including family planning education and services; 6. Social security ; 7. Transportation to and from place of work (for mine workers only); and 8. Such other welfare measures and facilities as may be prescribed;


http://labour.nic.in/dglw/insurance.html

http://labour.nic.in/dglw/housing.html

http://labour.nic.in/dglw/healthscheme.html

http://labour.nic.in/dglw/beedicoe.html

http://labour.nic.in/dglw/beedicoe.html

http://labour.nic.in/dglw/cinewokfund.html

http://labour.nic.in/dglw/beedifund.html

http://labour.nic.in/dglw/iomcfund.html

http://labour.nic.in/dglw/iomcfund.html

http://labour.nic.in/dglw/lsdmfund.html

http://labour.nic.in/dglw/micafund.html

http://labour.nic.in/dglw/cess.html


The Mica Mines Labour Welfare Fund Expenditure

( Rs in ,000)

Sub-Head 1996-97 1997-98 1998-991999-2000

2000-2001 2001-2002

Other expenses 2811 2895 2957 2221 2079 1962Health 12616 13033 13978 6442 4834 4467Education 6396 6672 6685 6195 6059 6558Recreation 513 644 665 476 356 428Water Supply 210 140 200 163 237 337

Total 22546 23384 24485 15497 13565 13752

The Limestone and Dolomite Mines Labour Welfare Fund Expenditure

( Rs in ,000)

Sub-Head1996-97

1997-98

1998-99

1999-2000

2000-2001 2001-2002

Other expenses 6644 8230 10011 12372 12789 10943Health 18109 23008 25239 28556 28417 29686Education 2874 3464 2055 3058 8611 6629Recreation 1992 2330 2615 3215 3109 2953Housing(subsidy) 3230 3445 4188 2571 1392 2033Housing(Loans) 580 760 585 100 20Grant-in-aid to State GovtsCons. Of Godowns and WorkshopsWater Supply 39 697 799 499 183Total 33468 41237 45390 50671 54837 52427



The Iron Ore, Manganese Ore and Chrome Ore Mines Labour Welfare Fund Expenditure

( Rs in ,000)

Sub-Head 1996-97 1997-98 1998-991999-2000 2000-2001 2001-2002

Other expenses 5982 7765 8684 12034 11212 11409Health 29336 35027 42836 45693 51942 49867Education 6073 6333 6627 7673 12053 14591Recreation 1948 1640 1924 2032 1806 2059Housing(subsidy) 8641 5314 20529 11187 4824 7806Housing(Loans) 685 35 43 55 308 120Grant-in-aid to State GovtsCons. Of Godowns and WorkshopsWater Supply 163 624 1143 2297 440Total 52828 56114 81267 79817 84442 86292

Beedi Workers Welfare FundExpenditure

( Rs in ,000)

Sub-Head 1996-97 1997-98 1998-99 1999-2000 2000-2001 2001-2002

Other expenses 13852 18778 20470 24667 25829 26303Health 106164 130251 152477 179275 213480 216464Education 96125 101314 106085 128091 198214 210344Recreation 1171 1062 1719 1744 2662 1648Housing(subsidy) 1584 1633 2509 22393 57489 88467Housing(Loans) 8247 8460 9386 7480 5194 300Grant-in-aid to State Govts 10473 21390 14697 17212 14352Cons. Of Godowns and Workshops 15 120 75 549 15Total 237631 261498 314156 378422 520629 557893

The Cine Workers’ Welfare Fund Expenditure



( Rs in ,000)

Sub-Head 1996-97 1997-98 1998-99 1999-2000 2000-2001 2001-2002

Other expenses 13 41 39 58 68 47Health 593 455 923 1242 6826 3282Education 706 811 933 774 1251 1798Total 1312 1307 1895 2074 8145 5127

Health care

The Labour Welfare Organization is directly running 13 hospitals having capacity of 565 beds and 280 dispensaries (including one chest clinic) at different places in the country to provide basic health care and family welfare services to beedi, mine and cine workers.

DIVERSIFIED MEDICAL ASSISTANCE UNDER WELFARE FUNDS

PURPOSE NATURE OF ASSISTANCEOphthalmic Problems

Financial assistance of Rs.150/- for purchase of spectacles for beedi and mine workers.

Tuberculosis Reservation of beds in T. B. Hospitals and domiciliary treatment for mine and beedi workers. Financial assistance of Rs.20,000/- per patient, per year to be paid to TB hospitals. Subsistence allowance not exceeding Rs.750/- p.m. is paid to mine beedi workers.

Heart Diseases Reimbursement of expenditure up to Rs.1,00,000/- or 50% of actual cost, whichever is less, to beedi, mine, and cine workers.

Kidney Transplant

Reimbursement of expenditure up to Rs.1,00,000/- or 50% of actual cost, whichever is less, to mine, beedi and cine workers.

Cancer Reimbursement of actual expenditure on treatment, medicines, and diet charges incurred by mine, beedi and cine workers, or their dependants. Subsistence allowance up to Rs.750/- is also admissible along with railway fare, daily allowance etc.

Mental Diseases Financial assistance for treatment of mental diseases, diet, railway fare and subsistence allowance to mine and beedi workers.

Leprosy Financial assistance for Rs.30/- per patient per day for indoor treatment and Rs.6/- per patient per day for outdoor treatment to beedi workers and Rs.15/- per patient per day for indoor treatment and Rs.3/- per patient per day for outdoor treatment in respect to mine workers. Subsistence allowance of Rs.300/- per month with dependants and Rs.200/- per month without dependants for beedi workers and Rs.150/- per month with dependants and Rs.100/- per month without dependants for mine workers.

Orthopedic problems

Supply of artificial limbs for mine workers.

Grant-in-aid to mine

Grant-in-aid @ 50% of the actual cost of the Ambulance Van or Rs.2,00,000/-, whichever is less, is admissible. Grant-in-aid for maintaining and improving hospitals/dispensaries is


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managements also provided.

Accident Benefits

An amount of Rs.1500/- is admissible in case of permanent incapacitation of mine workers. Besides, a sum of Rs.450/- per month for 5 years is also admissible to his widow.

Health Camp Scheme for organizing Health Camp for Iron Ore, Manganese Ore & Chrome Ore Mines Workers. An amount of Rs.2500/- to be spent on one camp. The total amount to be spent on one region in one financial year not to exceed Rs.10,000/-.

Labour Welfare Organisation Health Care setup

STATEMENT SHOWING THE WELFARE FUND HOSPITALS AND DISPENSARIES

S. No.

Name of Welfare Fund

Location No. of Hospitals

No. of Beds

No. of Dispensa

ries1. Iron Ore, Manganese

Ore & Chrome Ore Mines Labour Welfare Fund

Joda (Orissa) 1 50 Barajamada (Bihar) 1 50Kariganur (Karnataka)

1 25

Tisca (Goa) 1 60Balaghat (M.P.) 1 50 Total 5 235 22

2. Mica Mines Labour Welfare Fund

Karma (Bihar) 1 100 Tisri (Bihar) 1 10Kalichedu (A.P.) 1 30Total 3 140 11

3. Limestone & Dolomite Mines Labour Welfare Fund

Gangapur (Rajasthan) 1 30 Total 1 30 34

4. Beedi Workers Welfare Fund

Mysore (Karnataka) 1 50 210 (includin

g Chest Clinic)

T. B. Hospital Karma (Bihar)

1 50

Gursahaiganj (Uttar Pradesh)

1 10

Dhulyan (W.B) 1 50Total 4 160

5. Cine Workers Welfare Fund

Mumbai (Maharashtra)Hyderabad (AP)Kolkatta ( W.Bengal)

3

Grand Total 13 565 280


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EXPANSION OF HEALTH CARE FACILITIES

OPD Service in 50-bedded hospital for beedi workers at Dhuliyan (WB) has started w.e.f. 30th May 2000. The indoor facility has also been started.

The work has started for the construction of 30-bedded hospitals, one each at Sagar (M.P), Mukkadal (TN) and Bihar Sharief (Bihar) for the welfare of beedi workers .

Static cum mobile dispensary has started functioning from own building for Cine Workers in Mumbai . One static cum mobile dispensary has started at Hyderabad and one static dispensary at Kolkatta for the benefit of the Cine Workers.

FINANCIAL ASSISTANCE FOR HOUSING FACILITIES

Shelter has been recognized as one of the necessities for protection of all living beings from the vagaries of nature. Human habitation in a civilized society perceives certain irreducible minimum standards of living. However, certain sections of our society, which are at the lowest ebb of our economy, are not able to meet this requirement and live with dignity. Highest priority has, therefore, been attached to the programme for construction of housing for beedi and mine workers under the various Welfare Fund Acts enacted for these sections. The basic object of these schemes is to provide financial assistance to these workers for providing them houses. The details of various housing schemes formulated with this object in mind along with the amount of financial assistance being provided are given as under :-

Type I Housing Scheme for mine workers:

Under this Scheme, mine managements are granted subsidy at the rate of Rs.40,000/- inclusive of developmental charges or 75% of the actual cost of construction per tenement, whichever is less.

Type II Housing Scheme for mine workers: Under this Scheme, mine managements are granted subsidy at the rate of Rs.50,000/- inclusive of developmental charges or 75% of the actual cost of construction per tenement, whichever is less. Integrated Housing Scheme for beedi and mine workers:

Under this scheme beedi and mine workers are granted subsidy at the uniform rate of Rs.20,000/- per worker or 50% of the actual cost of construction per tenement, whichever is less, payable in three installments.

Subsidy at the rate of Rs.5000 per beedi workers is payable for repair/renovation and alternation of houses. It is payable after fifteen years of the construction of the House and only once in its lifetime.

Scheme for Grant of Subsidy to Co-operative Societies of Beedi Workers for Construction of Work sheds or Godowns or Both :



Under this scheme a cooperative society having a minimum of 100 members is given financial assistance up to 75% of the actual cost of construction of work sheds or godowns or both or Rs.1,50,000/- for each, whichever was less. At least 25% of the construction cost had to be borne by the society.

HOUSING SCHEMES AT A GLANCE

SL. No.

Name of Scheme

Applicable to Assistance available

1. Integrated Housing Scheme

Beedi and Mine Workers

Subsidy at the uniform rate of Rs. 20,000/- per worker or 50% of the actual cost of construction per tenement, whichever is less.

2. Tenement Housing for Mine Workers-Type-I (Plinth area 270 Sq. Ft.)

Mine Workers in Iron Ore/ Manganese Ore/ Chrome Ore/ Limestone/ Dolomite Mines

Rs.40,000/- inclusive of development charges or 75% of the actual cost of construction, whichever is less.

3. Tenement Housing for Mine Workers-Type-II(With a minimum of Plinth area 400 sq. Ft.)

-do- Rs.50,000/- inclusive of development charges or 75% of the actual cost of construction, whichever is less.

4. Construction of Work sheds/ Godowns by Coop. Societies of beedi workers

Beedi Workers Rs.1.5 lakhs for each or 75% of the actual cost of construction, whichever is less.

GROUP INSURANCE SCHEMES FOR BEEDI AND CINE WORKERS

Group Insurance Schemes for beedi and cine workers came into force w.e.f. 1.4.1992 and 1.4.1997 respectively. These are managed by LIC on no profit no loss basis. The premium is charged at the rate of Rs.18/- and Rs.30/- for beedi and cine workers respectively, per annum per member. While for beedi workers, premium is shared by Labour Welfare Organization and Social Security Fund of India on 50--50 basis, for cine workers, full premium is paid by Labour Welfare Organization.

· The claim amount is Rs.3,000 and Rs.5,000/- for natural death and Rs.25,000/- and Rs.10,000/- in case of accidental death, for beedi and cine workers respectively, subject to the provisions of the Schemes. The claim amount under Group Insurance Scheme for Beedi Workers stands revised w.e.f. 1/4/2002 as Rs 10000 for



natural death, Rs 12500 on partial permanent disability due to accident and Rs 25000 on death /total permanent disability due to accident.

SOCIAL SECURITY UNDER MINE WORKERS WELFARE FUND An amount of Rs.1500/- is admissible in case of permanent incapacitation of mine workers. Besides, a sum of Rs.450/- per month for 5 years is also admissible to his widow. In addition to this scholarship of Rs 100 to each of the school going child till the age of 21 or his/her marriage, whichever is earlier.

Welfare Organisation

The country is divided in to 9 regions for the purpose of extending welfare measures under different welfare funds. They are also cess commissioner for the purpose of collecting cess under The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972 and The Iron Ore, Manganese Ore and Chrome Ore Mines Labour Welfare Fund Act, 1976 for ore used in domestic consumption.

The organization is headed by Joint Secretary, designated as Director General (Labour Welfare). He is assisted by Welfare Commissioner (HQ), who supervises the functioning of the regional Commissionerates .

Organisation Structure

Director ( V ig.)

W C , AllahabadJ&K, Punj, H im achal, UP , Uttaranchal

W C , Karm aBihar,Jharkhand

W C , KolkattaW .Bengal, Assam , N.E .

W C, Bhubnesw arOrrissa

W C, HyderabadAndhra, TN, A&N

W C ,BangaloreKarnataka, Kerala, Laksdw eep

W C, NagpurMaharashtra, G oa

W c, JabalpurMP , Chattisgarh

W C, Bhilw araR ajasthan, G ujrat, Dam an & D iu

W elfare Com m issioner ( HQR ) Joint D irector

DG(LW ) & Jt Secy

Additional Secretary

Secretary (Labour)

Union Minister of Labour

WORKER’S TRAINING


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TRAINING SCHEMES OF DGET• Craftsmen’s Training programme• Craft Instructor Training• Advanced vocational Training• Foreman’s Training• Apprenticeship Training Scheme• Part time training industrial workers• Vocational training for women

CRAFTSMEN’S TRAINING PROGRAMME

v DGET (Ministry of labour) intiated in 1950v 50 ITI for imparting skills on various vocational tradev Oil boom in West Asia – rises in ITIv 1980 – 830 ITI, 1987 – 1900ITI ( lot of private ITIs in southern region)v Presently – 4971 ( Govt-1869: prvt-3102)v Total intake capacity 7.18 lakhs

OBJECTIVES:1. To provide semi-skilled/skilled workers to industry by systematic training to

school leavers. 2. To reduce unemployment among educated youth by equipping them with suitable

skills for industrial employment. SALIENT FEATURES:-

1. Training is imparted in 49 Engineering and non-engineering trades. 2. ITIs are functioning under the administrative control of the respective State

Govts./UTs / Private Organisations. 3. The period of training for various trades varies from six months to three years and

the entry qualification varies from 8th to 12th class pass, depending on the requirements of training in different trades.

4. The institutes / trades having necessary infrastructural facilities as per the norms, are granted affiliation.

5. Training courses as per curriculum of NCVT6. Admission is made in the month of August of every year7. All India trade test conducted and successful trainees are awarded National Trade

Certificate by Central Govt.8. About 70% of training period is allotted for practical9. Training in Govt. ITIs is provided free of cost or nominal fee is charged.

CRAFT INSTRUCTOR TRAINING

• First institute in 1948• Central Training Institute for instructors (1960)

Bombay, Calcutta, Hyderabad, Kanpur & Ludhiana (1982 upgraded as Advanced Training Institute)

• Central Training Institute – Chennai



Objectives:• To train Instructors in the techniques of imparting industrial skills, who in turn

would train semi-skilled/ skilled manpower for industry.

Under this programme, Instructors from State Govt. I.T.Is and from Training Centres established by industries under the Apprentices Act are trained in 24 trades and duration of course is one year.

Total sanctioned seating capacity in above stated six Institutes is 1002

ADVANCED VOCATIONAL TRAINING

• Established 0n 1977 by DGET & UNDP / ILO• Offered in 6 – ATIs & 16 ITIs

Objectives:• To upgrade and update the skills of the serving industrial workers to specialise in

their field of work. Courses:

• Advanced skill training courses offered in 6 ATIs • Over 1,00,000 industrial workers/technicians have made use of the training

facilities at 6 ATIs under DGE&T. 30 ITI s got financial assistance from world Bank

• NC/CNC Training centre in 3ATIs – Chennai, Mumbai & Kanpur• Advanced Training Institutes for Electronics and process Instrumentation ( ATI-

EPI)- Hyderabad & Dehardun• ATI-EPI Hyderabad sponsored by Swedish International Development Authority

AREAS COVEREDComputer ElectronicsIndustrial ElectronicsInformation TechnologyMedical ElectronicsProcess Instrumentation

FOREMEN’S TRAINING

Two Foreman Training Institute in IndiaBangalore ( 1970)

v Collaboration with technical and financial assistance from the State of Baden Wuerttemberg of Federal Republic of Germany

v Technological and behavioural upgradation of supervisory skills v Assistance of 8.15 million till the end of 1997 in terms of equipment, German

expert services and training of faculty OBJECTIVES:



To train the existing and potential shop-floor foremen and supervisors in technical and managerial skills through long-term and short-term courses

AREAS COVERED v Better quality and productivity, ability for problem solving, cost reduction, and

application of modern technology

Courses:- Diploma, Post Diploma and Tailor Made courses

JAMSHEDPUR ( 1986)

v Offering only short term courses

AREAS COVERED :- Production Planning and Management, Quality Control, Basic Electronics and

Supervisory Development

PART TIME TRAINING FOR INDUSTRIAL WORKERS

v It was introduced in the year of 1958v To improve knowledge and skill of workers who did not have the benefit of

systematic training in institutes. v Only person who having two years of experience can attend this programmev Durations of the programmes is two years – only in the eveningv Training is conducted in CTI of Cheenai and all other ATI

APPRENTICESHIP TRAINING SCHEME

Apprentices Act enacted in 1961Objectives:

• To regulate the programme of training of apprentices in the industry so as to conform to the syllabi, period of training etc. as laid down by the Central Apprenticeship Council; and

• To utilise fully the facilities available in industry for imparting practical training with a view to meeting the requirements of skilled manpower for industry.

MONITORING OF THE IMPLEMENTATION OF THE ACT

1. Overall responsibility is with the (DGE&T) in the Union Ministry of Labour 2. DGE&T is also responsible for implementation of the Act in respect of Trade

Apprentices in the Central Govt. Undertakings & Departments. This is done through six Regional Directorates of Apprenticeship Training located at Kolkata, Mumbai, Chennai, Hyderabad, Kanpur & Faridabad.

3. State Apprenticeship Advisers are responsible for implementation of the Act in respect of Trade Apprentices in State Government Undertakings/ Departments and Private Establishments.



4. Department of Education in the Ministry of HRD is responsible for implementation of the Act in respect of Graduate, Technician & Technician (Vocational) Apprentices. This is done through four Boards of Apprenticeship Training located at Kanpur, Kolkata , Mumbai & Chennai.

COVERAGE • It is obligatory on the part of employers both in Public and Private Sector

establishments having requisites training infrastructure as laid down in the Act, to engage apprentices.

• 254 groups of industries covered under the Act. • About 17,800 establishments engage apprentices.

STIPEND

1. Trade apprentices are paid stipend at following rates : Rs. 820 p.m for 1st year, Rs. 940 for 2nd year, Rs. 1090 for 3rd and 1230 p.m for 4th year.

2. The expenditure on stipend for trade apprentices is borne by the employers. 3. The rates of stipend for Graduate, Technician & Technician (Vocational)

apprentices are Rs. 1970 p.m , Rs. 1400 p.m. and Rs. 1090 p.m. respectively. 4. Expenditure on Stipend for the categories of Graduate, Technician & Technician

(Vocational) apprentices is shared equally between the employer and the Central Government.

5. Rates of stipend are revised every two years based on Consumer Price Index.

WOMEN’S VOCATIONAL TRAINING PROGRAMME

v Launched by women cell 1977v Aim of training women in employable skills, thereby enhancing their participation

in the Nation’s economy. v Increasing their participation in skill training facilities under Craftsmen Training

Scheme and Advanced Skill Training Scheme and also the Apprenticeship training scheme.

v To achieve this objective, women exclusive Institutes have been set up both under Centrally sponsored scheme & Central sector Schemes.

WOMEN TARGET GROUPS: ·Basic Skill Training:- 14 to 25 years of age & pass in the 10th /12th class under 10+2 system, depending on the skill training area opted.· Advanced Skill training:- women having undergone basic Skill Training in relevant trade (age upto 40 years)·Post-Advanced training:- women having undergone Advanced Skill Training (age upto 40 years)Aim of training women in employable skills, thereby enhancing their participation in the Nation’s economy.

Training is conducted for 40 hours in a week with no vacations during the training programmes.


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The course curricula are drawn by Trade Expert Committees, which comprise of representatives from the Industry, Government, Trainers and experts.

National Vocational Training Institute (NVTI) , Noida, U.P Regional Vocational Training Institutes, Mumbai Regional Vocational Training Institutes , Bangalore Regional Vocational Training Institutes, Kolkatta Regional Vocational Training Institutes , Jaipur Regional Vocational Training Institutes , Indore Regional Vocational Training Institutes , Allahabad Regional Vocational Training Institutes , Vadodara Regional Vocational Training Institutes , Hissar Regional Vocational Training Institutes , Tura, Regional Vocational Training Institutes, Thiruvanthapuram,

COURSESSl. Name of the trades ADVANCED TRAINING INSTITUTESNo. Chennai Howrah Hyderabad Kanpur Ludhiana Mumbai 1 Advanced Tool & Die

Making * * - * * *

2 Advanced Welding * * * * * * 3 Advanced Ref.& Air

Conditioning - * * - * -

4 Electrical Maintenance * * * * * * 5 Electronics Maintenance * * * * * * 6 Heat Engines * * * * * * 7 Hydraulics & Pneumatic * * * * * * 8 Induction to Engineering

Technology - - * - - -

9 Industrial Chemistry * - - - - * 10 Machine Tool

Maintenance * * * * * *

11 Material Testing/Inspection

* * - - * -

12 Metrology & Engineering Inspection

* * * * * *

13 Micro Computer/Industrial Controls

* * * * - *

14 Process Control Instrumentation

* - - - - *

15 Production Technology * - - - - - 16 Tool Design * * - * - *

Note:- 1. The duration of courses ranges from 1 to 6 weeks. 2. In take capacity for most of the courses is 10 to 12 trainees per batch. 3. * Indicates availability of course.

TRADE WISE SEATSl. Name of the trades ADVANCED TRAINING INSTITUTES CTI Total No. Howrah Hyderabad Kanpur Ludhiana Mumbai Chennai 1 Carpenter 10 - - - - - 10


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2 Cutting and Tailoring - - 16 - - - 163 Draughtsman (Civil) 10 - - - - 10 20 4 Draughtsman (Mech.) 20 - - - 16 - 365 Electrician 10 16 16 20 16 10 88 6 Electronics Mechanic - - - - 16 - 16 7 Engineering

Technology* - 30 - - - 30 60

8 Fitter 20 32 16 20 16 10 114 9 Forger and Heat Treater 10 - - - - - 10 10 Grinder 8 - - - - - 8 11 Machinist 12 24 16 16 12 8 88 12 Mech. (Radio & TV) - - - - 16 - 1613 Mech. Agri. Machinery - - - 20 - - 20 14 Mechanic (Diesel) - - - - - -10 10 15 Mechanic Instrument - - - - 16 - 16 16 Mechanic Ref.& Air Con. 20 - - - - - 20 17 Motor Mechanic - - 16 20 16 10 70 18 Moulder 10 - - - - 10 10 19 Foundrymen - - - - - 10 10 20 Welder Gas& Electric - - - - - -8 8 21 Reading of Drawing 20 - - - - - 20 22 Sheet Metal 10 - - - - - 10 23 Tool & Die Maker - - - - 12 - 12 24 Training Methodology* - 30 - - - 30 60 25 Turner 16 24 16 16 12 8 92 26 Welder 8 - 8 16 12 36 27 Wireman - 16 8 - - - 24

Total 184 172 112 128 160 144 900

*:- Period of Training is Three Months

Government & Private ITIsNORTHERN REGION

Sl. No.

Name of States/UTs Number of Govt. ITIs

Seating Capacity (Govt.)

Number of Pvt. ITCs

Seating Capacity (Pvt.)

Total ITIs/ITCs

Total Seating Capacity

1. HARYANA 78 13189 24 1428 102 14617

2. HIMACHAL PRADESH 48 4913 5 388 53 5301

3. JAMMU & KASHMIR 37 4124 0 0 37 4124

4. PUNJAB 106 13999 32 1852 138 15851

5. RAJASTHAN 89 8752 21 1420 110 10172

6. UTTAR PRADESH 181 38228 100 9284 281 47512

7. CHANDIGARH 2 936 0 0 2 936

8. DELHI 14 8948 36 1572 50 10520

9. UTTARANCHAL 35 5112 15 1544 50 6656



SUB- TOTAL 590 98201 233 17488 823 115689

SOUTHERN REGION1. ANDHRA PRADESH 90 23631 479 85386 569 1090172. KARNATAKA 106 18636 401 27456 507 46092

3. KERALA 68 13912 465 43593 533 57505

4. TAMIL NADU 67 21276 604 60112 671 81388

5. LAKSHDWEEP 1 96 0 0 1 96

6. PONDICHERRY 7 1256 7 424 14 1680

SUB-TOTAL 339 78807 1956 216971 2295 295778EASTERN REGION

1. ARUNACHAL PRADESH 2 368 0 0 2 368

2. ASSAM 24 4536 3 84 27 4620

3. BIHAR 28 10256 13 2712 41 12968

4. Jharkhand 14 2564 13 1380 27 3944

5. MANIPUR 7 540 0 0 7 540

6. MEGHALAYA 5 622 2 304 7 926

7. MIZORAM 1 294 0 0 1 294

8. NAGALAND 3 404 0 0 3 404

9. ORISSA 27 6320 129 11476 156 17796

10. SIKKIM 1 140 0 0 1 140

11. TRIPURA 4 400 0 0 4 400

12. WEST BENGAL 48 11564 13 740 61 12304

13. ANDA. & NICO. ISLAND 1 204 0 0 1 204

SUB-TOTAL 165 38212 173 16696 338 54908WESTERN REGION

1. GOA 11 2492 4 420 15 29122. GUJARAT 129 60396 98 12666 227 73062

3. MADHAYA PRADESH 130 19186 20 1884 150 21070

4 CHATTISHGARH 73 8248 54 6072 127 14320

5. MAHARASHTRA 347 64662 266 28924 613 93586

6. DADRA NAGAR HAVELI 1 228 0 0 1 228

7. DAMAN & DIU 2 388 0 0 2 388

SUB-TOTAL 693 155600 442 49966 1135 205566

GRAND TOTAL 1787 370820 2804 301121 4591 671941



Engineering Trades (MANUFACTURING SECTOR)

Sl. No.

Name of the Trade Duration Entry Qualification

1. Foundry man 1 year Passed class 8th examination under 10+2 system of education or its equivalent.

2. Sheet Metal Worker 1 year Passed 8th class examination under 10+2 system of education or its equivalent.

3. Plastic Processing Operator 1 year Passed 10th class examination under 10+2 system of education or its equivalent.

4. Painter General 2 years Passed 8th class examination or its equivalent.5. Fitter 2 years Passed 10th class examination under 10+2 system of

education or its equivalent. 6. Turner 2 years Passed 10th class examination under 10+2 system of

education or its equivalent. 7. Machinist 2 years Passed 10th class examination under 10+2 system of

education or its equivalent. 8. Tool & Die Maker (Press Tools,

Jigs & Fixtures) 3 years Passed 10th class examination under 10+2 system of

education with Science or its equivalent. 9. Tool & Die Maker (Dies & Moulds) 3 years Passed 10th class examination under 10+2 system of

education with Science or its equivalent. 10. Machinist (Grinder) 2 years Passed 10th class examination under 10+2 system of

education or its equivalent. 11. Electroplater 2 years Passed 10th class examination under 10+2 system of

education or its equivalent. 12. Mechanic Agricultural Machinery 2 years I. Essential:- Should have passed 8th class

examination under 10+2 System of education or its equivalent. II. Desirable:- Passed 10th class Examination under 10+2 system of education with Science (Physics and Chemistry) as one of the subjects.

13. Instrument Mechanic 2 years Passed 10th class examination under 10+2 system of education with Science as one of the subjects or its equivalent.

14. Draughtsman (Mechanical) 2 years Passed 10th class examination under 10+2 system of education with Science and Mathematics or its equivalent.

15. Maintenance Mechanic (Chemical Plant)

2 years Passed 10th class examination with Physics, Chemistry and Mathematics under 10+2 system of education or its equivalent.

16. Instrument Mechanic (Chemical Plant)

(a) 2 years

(b) 6 months

Passed 10th class examination under 10+2 system of education with Physics, Chemistry & Mathematics as one of the subjects or its equivalent.

Passed B.Sc. with Physics & Chemistry. 17. Attendant Operator (Chemical

Plant) (a) 2 years

(b) 6 months

Passed 10th class examination under 10+2 system of education with Physics, Chemistry & Mathematics as one of the subjects or its equivalent. Passed B.Sc. with Physics & Chemistry.

18. Laboratory Assistant (Chemical Plant)

(a) 2 years

(b) 6 months

Passed 10th class examination under 10+2 system of education with Physics, Chemistry and Mathematics as one of the subjects or its equivalent. Passed B.Sc. with Physics and Chemistry.



19. Information Technology & Electronics System Maintenance

2 years

Passed in 10th class Examination under 10+2 system of education with minimum 60% marks in Maths & Science put together. Desirable- 12th class with Maths and Physics.

20. Mechanic Industrial Electronics 2 years Passed 12th Class Examination with Physics, Chemistry & Mathematics.

21. Mechanic Mechatronics 2 years Passed 10+2 Class Examination with Physics, Chemistry & Mathematics.

22. Operator Advanced Machine Tools

2 years Passed 12th Class Examination with Physics, Chemistry & Mathematics.

Service Sector23. Welder (Gas and Electric) 1 year Passed 8th class examination under 10+2 system of

education or its equivalent. 24 Upholster 1 year Passed 8th class examination under 10+2 system of

education or two classes below matriculation examination or equivalent.

25. Carpenter 1 year Passed 8th class examination under 10+2 system of education with science as one of the subjects or its equivalent.

26. Mechanic (Diesel) 1 year Passed 10th class examination under 10+2 system or its equivalent.

27. Plumber 1 year Passed 8th class examination under 10+2 system of education or its equivalent.

28. Mason (Building Constructor) 1 year Passed 8th class examination under 10+2 system of education or its equivalent.

29. Mechanic (Tractor) 1 year 1) Essential – should have passed 8th class examination under 10+2 system of education or its equivalent. 2) Desirable – Passed 10th class examination under 10+2 system of education with science (Physics and Chemistry) as one of the subjects or its equivalent.

30. Pump Operator-cum-Mechanic 1 year Passed 10th class examination under 10+2 system of education with science or its equivalent.

31.

Wireman 2 years Passed 8th class examination or its equivalent.

32. Mechanic (Motor Vehicle) 2 years Passed 10th class examination under 10+2 system of education or its equivalent.

33. Mechanic (Watch & Clock) 2 years Passed 10th class examination under 10+2 system of education or its equivalent.

34. Electrician 2 years Passed 10th class examination under 10+2 system of education or its equivalent.

35. Mechanic (Radio & TV) 2 years Passed 10th class examination under 10+2 system of education or its equivalent.

36. Mechanic-cum-Operator Electronics Communication System

2 years Passed 10th class examination under 10+2 system of education or its equivalent.

37. Mechanic (Refrigeration and Air-Conditioner)

2 years Passed 10th class examination under 10+2 system of education with Science & Mathematics or its equivalent.

38. Millwright / Maintenance Mechanic

2 years Matriculation with Science and Mathematics or its equivalent.

38* Mechanic Machine Tools Maintenance

3 years Matriculation with Science and Mathematics or its equivalent.

39. Draughtsman (Civil) 2 years Passed 10th class examination under 10+2 system of education with Science and Mathematics or its equivalent.



40. Surveyor 2 years Passed 10th class examination under 10+2 system of education with Science and Mathematics or its equivalent.

41. Electronic Mechanic 2 years Passed Matriculation examination under 10+2 system of education Science and Mathematics or its equivalent.

42. Building Maintenance 06 months Passed 10th class examination under 10+2 system of education or its equivalent.

43. Mechanic Auto Electrical and Electronics

06 months Passed 10th class examination under 10+2 system of education with Science and Mathematics or its equivalent.

44. Sanitary Hardware fitter 06 months Passed 8th class examination under 10+2 system of education or its equivalent.

45. Lift Mechanic 2 years Passed 10th class examination under 10+2 system of education with science or its equivalent.

46. Architectural Assistant 1 year Passed 10th class examination with 40% marks in mathematics or Secondary Standard under 10+2 system of education or its equivalent.

47. Mechanic Computer Hardware 2 years Passed 10+2 or Intermediate or Pre-university with Physics as one of the subject.

48. Mechanic Medical Electronics 2 years Passed 10th class examination under 10+2 system of education with Mathematics & Science or its equivalent.

49. Mechanic Consumer Electronics 2 years Passed 10th class examination under 10+2 system of education with Mathematics & Science or its equivalent.

Non-Engineering Trades (MANUFACTURING SECTOR)

S.No

Course Duration Eligibility

1. Embroidery and Needle Work 1 year Passed 8th class or its equivalent. 2. Cane Willow and Bamboo

Work 1 year Passed 8th class or its equivalent.

3. Weaving of Silk and Woollen Fabrics

1 year Passed 8th class or its equivalent.

4. Weaving of Woollen Fabrics 1 year Passed 8th class or its equivalent. 5. Manufacture of Footwear 1 year Passed 8th class examination under 10+2 system of

education or its equivalent. 6. Leather Goods Maker 1 year Passed 8th class examination under 10+2 system of

education or two classes below matriculation examination or its equivalent.

7. Dress Making 1 year Passed Matriculation examination or its equivalent or 10th class under 10 + 2 system.

8. Baker and Confectioner 1 year Passed 10th class examination under 10 + 2 system of education or its equivalent.

SERVICE SECTOR9. Desk Top Publishing

Operator 1 year a) Passed 12th under 10+2 system or its equivalent.

b) Typing speed of 30 wpm in English. Desirable: typing speed of 30 wpm in Regional Language.

10. Computer Operator and Programming Assistant

1 year 12th class pass under 10+2 system or duly recognized Diploma in Engineering from any Polytechnic of 3 years duration after 10th class.

11. Cutting & Sewing 1 year Passed 8th class or its equivalent. 12 Preservation of fruits and

vegetables 1 year Passed 10th class examination under 10 + 2 system of

education with Science or its equivalent.



13. Photographer 1 year Passed 10th class examination with Physics and Chemistry under 10+2 system or its equivalent.

14. Bleaching Dyeing and Calico Printing

1 year Passed 10th class examination under 10+2 system of education with Science and Mathematics or its equivalent.

15. Stenography (English) 1 year 12th class Pass 16. Secretarial Practice 1 year 12th class Pass 17. Stenography (Hindi) 1 year 12th class Pass 18 Hair and Skin care 1 year Passed Matriculation examination with Hygiene and

Physiology or Biology as Elective Subject or 10th Class under 10+2 system with Hygiene and Physiology or Biology as Elective Subject or equivalent.

19 Steward 1 year Passed 10th Class exam under 10+2 system of education or its equivalent.

20. Craftsman Food Production (General)

1 year Passed 10th Class exam under 10+2 system of education or its equivalent.

21. Craftsman Food Production (Vegetarian)

1 year Passed 10th Class exam under 10+2 system of education or its equivalent.

22. Process Cameraman 1 year Passed 10th class exam under 10+2 system of Education with science as one of the subjects or its equivalent.

23. Plate Maker-cum-Impositor 1 year Passed 10th class exam under 10+2 system of education with science as one of the subjects or its equivalent.

24. Litho – Offset Machine Minder

1 year Passed 10th class exam under 10+2 system of education with science as one of the subjects or its equivalent.

25. Driver Cum Mechanic (Light Motor Vehicle)

06 months Passed 10th Class Examination under 10+2 System of Education.

26. Data Entry Operator 06 months Essential: (i) 10th Class Passed (ii) Typing speed of 30 w.p.m. in English Desirable: Typing speed of 30 w.p.m. in Hindi/ Any Local language.

27. Tourist Guide 06 months Passed 12th Class under 10+2 system of education or equivalent.

28. Floriculture & Landscaping

06 months Passed 12th Class Examination with Biology as major subject or Vocational Training in Agro-Horticulture.

29. Health Sanitary Inspector 01 year Passed 12th Class Examination under 10+2 System of Education with science in X class . Preference given to trainees with Physics, Chemistry & Biology in 12th Class .

30. Hospital House Keeping 01 year Passed 12th Class Examination under 10+2 System of Education with Physics, Chemistry & Biology.

31. Dental Laboratory Technician

02 years Passed 10th Class Examination under 10+2 System of Education.

32. Medical Transcription 06 months Passed 12th Class Examination under 10+2 system of education with Biology/Physiology as major subject.

Knowledge of English Language is essential. 33. Horticulture 01 year Passed 12th Class Examination with Biology as major

subject or Vocational Training in Agro-Horticulture. 34. Library & Information

Science 06 months Passed 12th Class under 10+2 system of education or

equivalent.

35. Insurance 03 months Passed 12th Class under 10+2 system of education or equivalent.

36. Institution House Keeping 06 months Passed 10th Class Examination under 10+2 System of Education.

37. Corporate House 06 months Passed 10th Class Examination under 10+2 System of



Keeping Education.

38. Domestic House Keeping 06 months Passed 10th Class Examination under 10+2 System of Education

39. Old Age Care 06 months Passed 8th Class under 10+2 system of Education.

40. Network Technician 06 months Passed 12th Class under 10+2 system of education or equivalent.

41. Pre/Preparatory School Management (Assistant)

06 months Passed 10th Class Examination under 10+2 System of Education

42. Creche Management 06 months Passed 10th Class Examination under 10+2 System of Education

43. Cabin/Room Attendant 06 months i) Passed 10th Class Examination under 10+2 System of Education. ii) Working knowledge of English & Hindi.

44. Dairying 01 year Passed 10th Class Examination under 10+2 System of Education

45. Digital Photographer 01 year Passed 12th Class under 10+2 system of education or equivalent.

46. Event Management Assistant

06 months Passed 10th Class Examination under 10+2 System of Education or its equivalent. (with English as subject)

47. Fashion Technology 01 year Passed 12th Class under 10+2 system of education or equivalent.

48. Front Office Assistant 06 months Passed 10+2 Class Examination under 10+2 System of Education or its equivalent. (with English as subject)

49. Interior Decoration and Designing

01 year Passed 10th Class Examination under 10+2 System of Education



UNIT – 4

SAFETY AND ACCIDENTSSafety:

It means freedom from the occurrence or risk of injury or loss.

Industrial safety or employee safety refers to the protection of workers from the danger of Industrial accidents.

Accident:It is an unplanned and uncontrolled event in which an action or reaction of an

object, a substance, a person or a radiation results in person injury.

An occurrence in an industrial establishment causing bodily injury to a person which makes him unfits to resume his duties in the next 48 hours.

“Every twenty seconds of every working minute throughout the world, some one dies as a result of an industrial accident”

Types of Accidents:Accidents

Internal External

Major Minor

Fatal Disability

Temporary Permanent

Partial Total Partial Total

Need of Safety: Cost Saving Moral Increased productivity Legal grounds

Safety Process:

1. Strategic choicesLevel of protectionSafety programme will be formal or informalProactive or reactiveSafety of workers as a marketing tool for the organization

2. Development of safety policy3. Organization for safety4. Analysis of causes for accidents



5. Implementation of the programme6. Evaluation of effectiveness

Causes of Accidents:Unsafe Acts of person:

1. Operating without clearance, failure of heed warning2. Operating or working at an unsafe speed.3. Make safety devices inoperative4. Using unsafe equipment or using equipment unsafely5. Unsafe loading, placing, mixing, combining etc.,6. Taking an unsafe position or posture7. Working on moving or dangerous equipments8. Distracting, teasing, abusing, startling9. Failure to use safe attire or personal protective devices

Unsafe Mechanical or Physical conditions:1. Inadequately guarded, guards of improper height , strength mesh etc.,2. Unguarded, absence of required guards3. Defective, rough, sharp, slippery, decayed, cracked4. Unsafely arranged, poor housekeeping, congestion, blocked exists5. Unsafely designed machines, tools etc.,6. Inadequately lighted, sources of glare etc.,7. Inadequately ventilated, impure oil source, etc.,8. Unsafely clothed, no goggles, glares or masks, high heels, etc.,9. Unsafe processes, mechanical, chemical, electrical, nuclear, etc.,

On the above 2% are unpreventable 98% are preventable

Basic principles that govern safety programme:-1. Industrial accidents results from multiplicity factors- this is the faults of

management – poor leadership, inadequate supervision, insufficient attentions to design of safety system, unsystematic approach on identification, analysis and elimination of hazards, and poor training facility.

2. Identify potential hazards, provide effective safety facilities and equipment, and prompt remedial action. This can be done only if – Effective systems for reporting all accidents causing damage or injury Adequate accident records and statistics Systematic procedure for carrying out safety checks inspections& investigations Methods of ensuring that safety equipment is maintained and used Persuading managers supervisor, and workers to pay more attention to safety

maters3. Top management must have concentrated on formulating, implementing and

revising safety policy4. The management and the supervision must be made fully accountable for safety

performance5. Training should given to every employees and continuing education has to been

take care by the management



Preventive Measures:

Reducing unsafe conditions by engineering Reducing unsafe acts trough selection and placement

@ Emotional Stability and personality test@ Measure of muscular coordination@ Test of visual skills@ Employee reliability test

Reducing unsafe acts through posters and propaganda Reducing unsafe acts through training Reducing unsafe acts through incentive programs Reducing unsafe acts through top management commitment Reducing unsafe acts by emphasizing safety Reducing unsafe acts by establishing a safety policy Reducing unsafe acts by conducting safety and health inspection Reducing unsafe acts by monitoring work load and stress

Statutory Provisions :- (Factories Act 1948)

a) Fencing of machineryb) Work on or near machinery in motionc) Employment if adolescents on dangerous machinesd) Striking gear or device for cutting off powere) Self acting machinesf) Casting of new machineryg) Prohibition of employment of woman and children near cotton openersh) Hoists and liftsi) Lifting machines, tackles, chains and ropesj) Revolving machineryk) Pressure plantsl) Floors, stairs, and other means of accessm) Pits and openings in floorsn) Excessive weightso) Protection of eyesp) Precaution against dangerous fumesq) Explosives or inflammable gas or dustr) Precaution in case of fires) Power to require specification of defective parts or tests of stabilityt) Safety of building and machineryu) Power to make rules



HEALTH

Health implies absence of diseases. Outcome of the interaction between the individual and his environment

“A state of complete physical, mental and social well-being and not merely the absence of diseases or illness” - World Health Organization –

According to ILO and WHOi) Prevention and maintenance of physical, mental, and social well being of workersii) Prevention of workers of ill health caused by the working conditionsiii) Protection of workers in their employment from risk resulting from factors

adverse to healthiv) Placing and maintenance of the worker in an occupational environment adapted to

his physical and psychological equipment

“Organization role on Industrial health is to anticipate and recognize potentially harmful situations and applies engineering control measures to prevent disease or illness”

Importance of Industrial health:

Efficiency in work is possible only when an employee is healthy. If not so it leads to high rate of absenteeism and labour turnover, industrial discontent and indiscipline, poor performance, low productivity, and more accidents.

Benefits of a healthy employee – reduced spoilage, improved morale of employee, increased productivity, and longer working period

Industrial health is emphasized by

i) Royal commission of labour (1931)ii) Labour investigation committee (1946)iii) Health safety and development committee (1943)iv) Labour welfare committee (1969)v) National commission on labour (1969)

According to ILO recommendations NO-112 the purpose of occupational health services

v Protecting the workers against any health hazard arising out of work or conditionsv Contributing towards workers physical and mental adjustmentv Contributing to establishment and maintenance of the highest possible degree of

physical and mental well being of the workers



COUNSELING“Counseling is a relationship between the counselor and counselee Characterized

by trust and openness, in a one to one, or a small group relationship, whereby the counselle is helped to work through his interpersonal and intrapersonal problems and crisis. He is also helped to mobilize his inner and outer resources and to find new options in facing life” - Prasantham -

Qualities of Counselor:v Charming Personalityv Caringv Attract other personv Affectionate towards one and allv Understand and interpret the behaviour of others

Requirements of Effective counseling:Do’s- Develop good relationship with counselee Develop mutual understanding and respect for counselee Be patient Listen to the grievance carefully Develop cooperative attitude Be simple and have sympathy with counselee Do make attempts to know the background of worries, threats, anxiety etc., Make himself available to help counselee Be friendly with counselee and be frank

Don’ts Should not develop conflict with counselee Do not be angry with the counselee Don’t resist Avoid being biased, be impartial Don’t exploit the counselee for self interest Do not use pressure tactics

Effective counseling needs.,v Counseling skillsv Complete information about the person (motives, experience, weakness, strength,

attitudes, and behaviour

Techniques of counseling: Types of counseling:Releasing emotional tension Directive CounselingEffective communication Non directive counselingClarified thinking Cooperative counselingPerformance counseling Martial and family counselingCounseling against alcoholism and drug



Problems Needing Counseling:

v Inferiority Complexv Drinking Habitsv Drug Addictionv Disturbed Family lifev Mental worries

Unit – 5

THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986

ACT NO. 61 OF 1986

[23rd December, 1986.] An Act to prohibit the engagement of children in certain employments and to regulate the conditions of work of children in certain other employments. Be it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:--

PART I - PRELIMINARY 1. Short title, extent and commencement. (1) This Act may be called the Child Labour (Prohibition and Regulation) Act, 1986. (2) It extends to the whole of India. (3) The provisions of this Act, other than Part III, shall come into force at once, and Part III shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States and for different classes of establishments. 2. Definitions. 2. Definitions. In this Act, unless the context otherwise requires,-- (i) "appropriate Government" means, in relation to an establishment under the control of the Central Government or a railway administration or a major port or a mine or oilfield, the Central Government, and in all other cases, the State Government; (ii) "child" means a person who has not completed his fourteenth year of age; (iii) "day" means a period of twenty-four hours beginning at mid-night; (iv) "establishment" includes a shop, commercial establishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment; (v) "family", in relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual;



(vi) "occupier", in relation to an establishment or a workshop, means the person who has the ultimate control over the affairs of the establishment or workshop; (vii) "port authority" means any authority administering a port; (viii) "prescribed" means prescribed by rules made under section 18; (ix) "week" means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Inspector; (x) "workshop" means any premises (including the precincts thereof) wherein any indusrial process is carried on, but does not include any premises to which the provisions of section 67 of the Factories Act, 1948 (63 of 1948), for the time being, apply.

PART II

PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND PROCESSES

3. Prohibition of employment of children in certain occupations and processes. No child shall be employed or permitted to work in any of the occupations set forth in Part A of the Schedule or in any workshop wherein any of the processes set forth in Part B of the Schedule is carried on: Provided that nothing in this section shall apply to any workshop wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, Government. 4. Power to amend the Schedule. The Central Government, after giving by notification in the Official Gazette, not less than three months notice of its intention so to do, may, by like notification, add any occupation or process to the Schedule and thereupon the Schedule shall be deemed to have been amended accordingly. 5. Child Labour Technical Advisory Committee.

(1) The Central Government may, by notification in the Official Gazette, constitute an advisory committee to be called the Child Labour Technical Advisory Committee (hereafter in this section referred to as the Committee) to advise the Central Government for the purpose of addition of occupations and processes to the Schedule. (2) The Committee shall consist of a Chairman and such other members not exceeding ten, as may be appointed by the Central Government.

(3) The Committee shall meet as often as it may consider necessary and shall have power to regulate its own procedure.



(4) The Committee may, if it deems it necessary so to do, constitute one or more sub-committees and may appoint to any such sub- committee, whether generally or for the consideration of any particular matter, any person who is not a member of the Committee. (5) The term of office, of the manner of filling casual vacancies in the office of, and the allowances, if any, payable to, the Chairman and other members of the Committee, and the conditions and restrictions subject to which the Committee may appoint any person who is not a member of the Committee as a member of any of its sub- committees shall be such as may be prescribed.

PART III

REGULATION OF CONDITIONS OF WORK OF CHILDREN 6. Application of Part. The provisions of this Part shall apply to an establishment or a class of establishments in which none of the occupations or processes referred to in section 3 is carried on. 7. Hours and period of work.

(1) No child shall be required or permitted to work in any establishment in excess of such number of hours as may be prescribed for such establishment or class of establishments. (2) The period of work on each day shall be so fixed that no period shall exceed three hours and that no child shall work for more than three hours before he has had an interval for rest for at least one hour. (3) The period of work of a child shall be so arranged that inclusive of his interval for rest, under sub-section (2), it shall not be spread over more than six hours, including the time spent in waiting for work on any day. (4) No child shall be permitted or required to work between 7 p.m and 8 a.m. (5) No child shall be required or permitted to work overtime. (6) No child shall be required or permitted to work in any establishment on any day on which he has already been working in another establishment. 8. Weekly holidays. Every child employed in an establishment shall be allowed in each week, a holiday of one whole day, which day shall be specified by the occupier in a notice permanently exhibited in a conspicuous place in the establishment and the day so specified shall not be altered by the occupier more than once in three months. 9. Notice to Inspector.



(1) Every occupier in relation to an establishment in which a child was employed or permitted to work immediately before the date of commencement of this Act in relation to such establishment shall, within a period of thirty days from such commencement, send to the Inspector within whose local limits the establishment is situated, a written notice containing the following particulars, namely:-- (a) the name and situation of the establishment; (b) the name of the person in actual management of the establishment; (c) the address to which communications relating to the establishment should be sent; and (d) the nature of the occupation or process carried on in the establishment. (2) Every occupier, in relation to an establishment, who employs, or permits to work, any child after the date of commencement of this Act in relation to such establishment, shall, within a period of thirty days from the date of such employment, send to the Inspector within whose local limits the establishment is situated, a written notice containing the particulars as are mentioned in sub-section (1). Explanation.--For the purposes of sub-sections (1) and (2), "date of commencement of this Act, in relation to an establishment" means the date of bringing into force of this Act in relation to such establishment. (3) Nothing in sections 7,8 and 9 shall apply to any establishment wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, Government.

10. Disputes as to age. If any question arises between an Inspector and an occupier as to the age of any child who is employed or is permitted to work by him in an establishment, the question shall, in the absence of a certificate as to the age of such child granted by the prescribed medical authority, be referred by the Inspector for decision to the prescribed medical authority. 11. Maintenance of register. There shall be maintained by every occupier in respect of children employed or permitted to work in any establishment, a register to be available for inspection by an Inspector at all times during working hours or when work is being carried on in any such establishment, showing-- (a) the name and date of birth of every child so employed or permitted to work; (b) hours and periods of work of any such child and the intervals of rest to which he is entitled; (c) the nature of work of any such child; and (d) such other particulars as may be prescribed. 12. Display of notice containing abstract of sections 3 and 14. Every railway administration, every port authority and every occupier shall cause to be displayed in a conspicuous and accessible place at every station on its railway or within the limits of a port or at the place of work, as the case may be, a notice in the local language andin the English language containing an abstract of sections 3 and 14.



13. Health and safety. (1) The appropriate Government may, by notification in the Official Gazette, make rules for the health and safety of the children employed or permitted to work in any establishment or class of establishments. (2) Without prejudice to the generality of the foregoing provisions, the said rules may provide for all or any of the following matters, namely:-- (a) cleanliness in the place of work and its freedom from nuisance; (b) disposal of wastes and effluents; (c) ventilation and temperature; (d) dust and fume; (e) artificial humidification; (f) lighting; (g) drinking water; (h) latrine and urinals; (i) spittoons; (j) fencing of machinery; (k) work at or near machinery in motion; (l) employment of children on dangerous machines; (m) instructions, training and supervision in relation to employment of children on dangerous machines; (n) device for cutting off power; (o) self-acting machines; (p) easing of new machinery; (q) floor, stairs and means of access; (r) pits, sumps, openings in floors, etc.; (s) excessive weights; (t) protection of eyes; (u) explosive or inflammable dust, gas, etc.; (v) precautions in case of fire; (w) maintenance of buildings; and (x) safety of buildings and machinery.

PART IV

MISCELLANEOUS 14. Penalties.

(1) Whoever employs any child or permits any child to work in contravention of the provisions of section 3 shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with both. (2) Whoever, having been convicted of an offence under section 3, commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years. (3) Whoever--



(a) fails to give notice as required by section 9; or (b) fails to maintain a register as required by section 11 or makes any false entry in any such register; or (c) fails to display a notice containing an abstract of section 3 and this section as required by section 12; or (d) fails to comply with or contravenes any other provisions of this Act or the rules made there under shall be punishable with simple imprisonment which may extend to one month or with fine which may extend to ten thousand rupees or with both.

15. Modified application of certain laws in relation to penalties. (1) Where any person is found guilty and convicted of contravention of any of the provisions mentioned in sub-section (2), he shall be liable to penalties as provided in sub-sections (1) and (2) of section 14 of this Act and not under the Acts in which those provisions are contained. (2) The provisions referred to in sub-section (1) are the provisions mentioned below:-- (a) section 67 of the Factories Act, 1948 (63 of 1948); (b) section 40 of the Mines Act, 1952 (35 of 1982); (c) section 109 of the Merchant Shipping Act, 1958 (44 of 1958); and (d) section 21 of the Motor Transport Workers Act, 1961 (27 of 1961). 16. Procedure relating to offences.

(1) Any person, police officer or Inspector may file a complaint of the commission of an offence under this Act in any court of competent jurisdiction. (2) Every certificate as to the age of a child which has been granted by a prescribed medical authority shall, for the purposes of this Act, be conclusive evidence as to the age of the child to whom it relates. (3) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act. 17. Appointment of Inspectors. The appropriate Government may appoint Inspectors for the purposes of securing compliance with the provisions of this Act and any Inspector so appointed shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). 18. Power to make rules.

(1) The appropriate Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the term of office of, the manner of filling casual vacancies of, and the allowances payable to the Chairman and members of the Child Labour Technical



Advisory Committee and the conditions and restrictions subject to which a non-member may be appointed to a sub-committee under sub-section (5) of section 5; (b) number of hours for which a child may be required or permitted to work under sub-section (1) of section 7; (c) grant of certificates of age in respect of young persons in employment or seeking employment, the medical authorities which may issue such certificate, the form of such certificate, the charges which may be made thereunder and the manner in which such certificate may be issued: Provided that no charge shall be made for the issue of any such certificate if the application is accompanied by evidence of age deemed satisfactory by the authority concerned; (d) the other particulars which a register maintained under section 11 should contain.19. Rules and notifications to be laid before Parliament or State legislature.

(1) Every rule made under this Act by the Central Government and every notification issued under section 4, shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive 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 the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. (2) Every rule made by a State Government under this Act shall be laid as soon as may be after it is made, before the legislature of that State. 20. Certain other provisions of law not barred. Subject to the provisions contained in section 15, the provisions of this Act and the rules made thereunder shall be in addition to, and not in derogation of, the provisions of the Factories Act, 1948 (63 of 1948), the Plantations Labour Act, 1951 (69 of 1951) and the Mines Act, 1952 (35 of 1952). 21. Power to remove difficulties.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the date on which this Act receives the assent of the President. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Houses of Parliament. 22. Repeal and savings.

(1) The Employment of Children Act, 1938 (26 of 1938) is hereby repealed.



(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act. 23. Amendment of Act 11 of 1948. In section 2 of the Minimum Wages Act, 1948,-- (i) for clause (a), the following clauses shall be substituted, namely:-- (a) "adolescent" means a person who has completed his fourteenth year of age but has not completed his eighteenth year; (aa) "adult" means a person who has completed his eighteenth year of age;'; (ii) after clause (b), the following clause shall be inserted, namely:-- `(bb) "child" means a person who has not completed his fourteenth year of age;'. 24. Amendment of Act 69 of 1951. In the Plantations Labour Act, 1951,-- (a) in section 2, in clauses (a) and (c), for the word "fifteenth", the word "fourteenth" shall be substituted; (b) section 24 shall be omitted; (c) in section 26, in the opening portion, the words "who has completed his twelfth year" shall be omitted. 25. Amendment of Act 44 of 1958. In the Merchant Shipping Act, 1958, in section 109, for the word "fifteen", the word "fourteen" shall be substituted. 26. Amendment of Act 27 of 1961. In the Motor Transport Workers Act, 1961, in section 2, in clauses (a) and (c), for the word "fifteenth", the word "fourteenth" shall be substituted.

Occupations in which Employment of Children under 14 is prohibited:

Part A of the Schedule1. Transport of passengers, goods or mails by railway.2. Cinder picking, clearing of an ash pit or building operation in railway premises.3. Work in a catering establishment in the railway station, involving the movement of a vendor or any other employee of the establishment from one platform to another or into or out of moving trains.4. Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines.5. A port authority with in limits of any port.6. Work relating to selling of crackers and fireworks in shops with temporary licenses;7. Abattoirs / slaughter houses.8. Automobile workshop and garages9. Foundries.10. Handling of toxic or inflammable substances or explosives.11. Handleloom and power loom industry.12. Mines (under ground and under water) and collieries; and 13. Plastic unit and fiberglass workshops.



Processes in which employment of children under 14 is prohibited

Part B of the schedule1. Beedi making 2. Carpet-weaving, including preparatory and incidental process.3. Cement manufacture, including bagging of cement4. Cloth-printing, dyeing and weaving including preparatory and incidental

processes.5. Manufacture of matches, explosives and fireworks.6. Mica-cutting and splitting.7. Shellac manufacture.8. Soap manufacture.9. Tanning.10. Wool-cleaning11. Building and construction industry including processing and polishing of granic

stones.12. Manufacture of slate pencils(including packing)13. Manufacture of products from agate.14. Manufacturing processes using toxic metals and substances, such as lead, mercuy,

manganese, chromium, cadmium, benzene, pesticides and asbestos.15. Hazardous process and dangerous operation as notified in the rules under the

Factories Act, 1948.16. Printing as defined in the Factories Act, 1948.17. Cashew and cashew nut descaling and processing;18. Soldering processes in electronics industries.19. ‘Agarbatti’ manufacturing.20. Automobile repairs and maitanence including incidental processes, namely,

welding, lathe work, dent beating and painting.21. Brick kilns and roof tiles unit;22. Cotton ginning and processing and production of hosiery goods.23. Detergent manufacturing.24. Fabrication workshops(ferrous and non ferrous);25. Gem cutting and polishing;26. Handling of chromites and manganese ores.27. Jute textile manufacture and coir making.28. Lime kilns and manufacture of lime.29. Lock-making30. Manufacturing process have expositor

THE BUILDINGS AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996

ACT NO. 27 OF 1996[19th August, 1996]

CHAPTER I



1. Short title extent commencement and application. (1) This Act may be called the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. (2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 1st day of March, 1996. (4) It applies to every establishment which employs, or had employed on any day of the preceding twelve months, ten or more buildings workers in any building or other construction work. Explanation.- For the purposes of this sub-section, the buildings workers employed in different relays in a day either by the employer or the contractor shall be taken into account in computing the number of buildings workers employed in the establishment. 2. Definitions. (1) In this Act, unless the context otherwise requires,- (a) "appropriate Government" means,-

(i) in relation to an establishment (which employs building workers either directly or through a contractor) in respect of which the appropriate Government under the Industrial Disputes Act, 1947 (14 of 1947), is the Central Government (ii) in relation to any such establishment, being a public sector undertaking, as the Central Government may by notification specify which employs building workers either directly or through a contractor, the Central Government; Explanation.-For the purposes of sub-clause (ii), "public sector undertaking" means any corporation established by or under any Central, State or Provincial Act or a Government company as defined in section 617 of the Companies Act 1956 (1 of 1956), which is owned, controlled or managed by the Central Government; (iii) in relation to any other establishment which employs building workers either directly or through a contractor, the Government of the State in which that other establishment is situate; (b) "beneficiary" means a building worker registered under section 12; (c) "Board" means a Building and Other Construction Workers' Welfare Board constituted under sub-section (1) of section 18; (d) "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, aqueducts, pipelines, towers, cooling towers, transmission towers and such other work 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; (e) "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-(i) who is employed mainly in a managerial or administrative capacity; or(ii) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem 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; (f) "Chief Inspector" means the Chief Inspector of Inspection of Building and Construction appointed under sub-section (2) of section 42; (g) "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 buildings workers or who supplies buildings workers for any work of the establishment; and includes a sub-contractor; (h) "Director-General" means the Director-General of Inspection appointed under sub-section (1) of section 42; (i) "employer", in relation to an establishment, means the owner thereof, and includes,-(i) in relation to A building or other construction work carried 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 specified, 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 contractor, 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, (j) "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; (k) "Fund" means the Building and Other Construction Workers' Welfare Fund of a Board constituted under sub-section (1) of section 24;



(l) "notification" means a notification published in the Official Gazette; (m) "prescribed" means prescribed by rules made under this Act by the Central Government or, as the case may be, the State Government; (n) "wages" shall have the same meaning as assigned to it in clause (vi) of section 2 of the Payment of Wages Act, 1936 (4 of 1936). (2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.

CHAPTER II

THE ADVISORY COMMITTEES AND EXPERT COMMITTEES 3. Central Advisory Committee. (1) The Central Government shall, as soon as may be, constitute a Committee to be called the Central Building and Other Construction Workers' Advisory Committee (hereinafter referred to as the Central Advisory Committee) to advise the Central Government on such matters arising out of the administration of this Act as may be referred to it. (2) The Central Advisory Committee shall consist of- (a) a Chairperson to be appointed by the Central Government; (b) three Members of Parliament of whom two shall be elected by the House of the People and one by the Council of States-members; (c) the Director-General-member, ex officio; (d) such number of other members, not exceeding thirteen but not less than nine, as the Central Government may nominate to represent the employers, building workers, associations of architects, engineers, accident insurance institutions and any other interests which, in the opinion of the Central Government, ought to be represented on the Central Advisory Committee.

(3) The number of persons to be appointed as members from each of the categories specified in clause (d) of sub-section (2), the term of office and other conditions of service of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Central Advisory Committee shall be such as may be prescribed: Provided that the members nominated to represent the building workers shall not be less than the number of members nominated to represent the employers. (4) It is hereby declared that the office of member of the Central Advisory Committee shall not disqualify its holder for being chosen as, or for being, a Member of either House of Parliament.



4. State Advisory Committee. (1) The State Government shall constitute a committee to be called the State Building and Other Construction Workers' Advisory Committee (hereinafter referred to as the State Advisory Committee) to advise the State Government on such matters arising out of the administration of this act 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) two members of the State Legislature to be elected from the State Legislature members; (c) a member to be nominated by the Central Government; (d) the Chief Inspector-member, ex officio; (e) such number of other members, not exceeding eleven" but not less than seven, as the State Government may nominate to represent the employers, building workers, associations of architects, engineers, accident insurance institutions and any other interests which, in the opinion of the State Government, ought to be represented on the State Advisory Committee. (3) The number of persons to be appointed as members from each of the categories specified in clause (e) of sub-section (2), the term of office and other conditions of service of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of State Advisory Committee shall be such as may be prescribed: Provided that the number of members nominated to represent the building workers shall not be less than the number of members nominated to represent the employers. 5. Expert Committees. (1) The appropriate Government may constitute one or more expert committees consisting of persons specially qualified in building or other construction work for advising that Government for making rules under this Act. (2) The members of the export committee shall be paid such fees and allowances for attending the meetings of the committee as may be prescribed: Provided that no fee or allowances shall be payable to a member who is in officer of Government or of any body corporate established by or under any law for the time being in force.

CHAPTER IIIREGISTRATION OF ESTABLISHMENTS

6. Appointment of registering officers. The appropriate Government may, by order notified in the Official Gazette,- (a)Appoint such persons, being Gazetted Officers of Government, as it thinks fit, to be the registering officers for the purposes of this Act; and



(b) Define the limits within which a registering officer shall exercise the powers conferred on him by or under this Act.

7. Registration of establishments. (1) Every employer shall,-(a) in relation to an establishment to which this Act applies on its commencement, within a period of sixty days from such commencement; and(b) 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. 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. 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.

CHAPTER IVREGISTRATION 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. (2) An application for registration shall be made in such form, as may be prescribed, to the officer authorised 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 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 there under, 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. (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 the 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 authorised by the Board in this behalf.



s16. Contribution of buildings 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 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. (2) 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 nonpayment 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 WORKERS' 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 Board, shall be such as may be prescribed. 19. Secretary and 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 meeting, 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 Government 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 Worker's Welfare Fund and its application. (1) There shall be constituted by a Board a fund to be called the 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 authorised 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 as 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 an 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 vouchersand 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 VIHOURS OF WORK, WELFARE MEASURES AND OTHER

CONDITIONS OF SERVICE OF BUILDING WORKERS28. 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) provide 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, and 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 on 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 or wage slips to building workers employed in an establishment and prescribe the manner in which entries shall be made and authenticated in such wage books or wage slips by the employer or his agent. 31. Prohibition of employment of certain persons in certain buildings 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 understood by a majority of the persons employed in such place and no such point shall be situated within six metres 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 ondition. (4) In case an employer is given any land by a Municipal Board or any other 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. Creches. (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 rooms 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 women 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.

CHAPTER VIISAFETY AND HEALTH MEASURES

38. Safety Committee and safety officers. (1) In every establishment wherein five hundred or more building workers are ordinarily employed, the employer shall constitute a Safety Committee consisting of such number of representatives of the employer and the building workers as may be prescribed by the State Government: Provided that the number of persons representing the workers, shall, in no case, be less than the persons representing the employer. (2) In every establishment referred to in sub-section (1), the employer shall also appoint a safety officer who shall possess such qualifications and perform such duties as may be prescribed. 39. Notice of certain accidents. (1) Where in any establishment an accident occurs which causes death or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such a nature as may be prescribed, the employer shall give notice thereof to such authority, in such form and within such time as may be prescribed. (2) On receipt of a notice under sub-section (1) the authority referred to in that subsection may make such investigation or inquiry as it considers necessary. (3) Where a notice given under sub-section (1) relates to an accident causing death of five or more persons, the authority shall make an inquiry into such accident within one month of the receipt of the notice. 40. Power of appropriate Government to make rules for the safety and health of buildings workers. (1) The appropriate Government may, by notification, make rules regarding the measures to be taken for the safety and health of building workers in the course of their employment and the equipment and appliances necessary to be provided to them for ensuring their safety, health and protection, during such employment.



(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the safe means of access to, and the safety of, any working place, including the provision of suitable and sufficient scaffolding at various stages when work cannot be safely done from the ground or from any part of a building or from a ladder or such other means of support; (b) the precautions to be taken in connection with the demolition of the whole or any substantial part of a building or other structure under the supervision of a competent person and the avoidance of danger from collapse of any building or other structure while removing any part of the framed building or other structure by shoring or otherwise; (c) the handling or use of explosive under the control of competent persons so that there is no exposure to the risk of injury from explosion or from flying material; (d) the erection, installation, use and maintenance of transporting equipment, such as locomotives, trucks, wagons and other vehicles and trailers and appointment of competent persons to drive or operate such equipment; (e) the erection, installation, use and maintenance of hoists, lifting appliances and lifting gear including periodical testing and examination and heat treatment where necessary, precautions to be taken while raising or lowering loads, restrictions on carriage of persons and appointment of competent persons on hoists or other lifting appliances, (f) the adequate and suitable lighting of every workplace and approach thereto, of every 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 vapours during any grinding, cleaning, spraying or manipulation of any material and steps to be taken to secure and maintain adequate ventilation of every working place or confined space; (h) the measures to be taken during stacking or unstacking, stowing or unstowing of materials or goods or handling in connection therewith; (i) the safeguarding of machinery including the fencing of every fly-Wheel and every moving part of a prime mover and every part of transmission or other machinery, unless it is in such a position or of such construction as to be safe to every worker working on any of the operations and as if it were securely fenced; (j) the safe handling and use of plant, including tools and equipment operated by compressed air;



(k) the precautions to be taken in case of fire; (l) the limits of weight to be lifted or moved by workers; (m) the safe transport of workers to or from any workplace by water and provision of means for rescue from drowning; (n) the steps to be taken to prevent danger to workers from live electric wires or apparatus including electrical machinery and tools and from overhead wires; (o) the keeping of safety nets, safety sheets and safety belts where the special nature or the circumstances of work render them necessary for the safety of the workers; (p) the standards to be complied with regard to scaffolding, ladders and stairs, lifting appliances, ropes, chains and accessories, earth moving equipments and floating operational equipments; (q) the precautions to be taken with regard to pile driving, concrete work, work with hot asphalt, tar or other similar things, insulation work, demolition operations, excavation, underground construction and handling materials; (r) the safety policy, that is to say, a policy relating to steps to be taken to ensure the safety and health of the building workers, the administrative arrangements therefor and the matters connected therewith, to be framed by the employers and contractors for the operation to be carried on in a building or other construction work; (s) the information to be furnished to the Bureau of Indian Standards established under the Bureau of Indian Standards Act, 1986 (63 of 1986), regarding the use of any article or process covered under the Act in a buildings or other construction work; (t) the provision and maintenance of medical facilities for building workers; (u) any other matter concerning the safety and health of workers working in any of the operations being carried on in a building or other construction work.

41.Framing of model rules for safety measures. The Central Government may, after considering the recommendation of the expert committee constituted under section 5, frame model rules in respect of all or any of the matters specified in section 40 and where any such model rules have been framed in respect of any such matter the appropriate Government shall, while making any rules in respect of that matter under section 40, so far as is practicable, conform to such model rules.

CHAPTER VIIIINSPECTING STAFF



42. Appointment of Director-General, Chief Inspector and Inspectors. (1) The Central Government may, by notification, appoint a Gazetted Officer of that Government to be the Director-General of Inspection who shall be responsible for laying down the standards of inspection and shall also exercise the powers of an Inspector throughout India in relation to all the establishments for which the Central Government is the appropriate Government. (2) The State Government may, by notification, appoint a Gazetted Officer of that Government to be the Chief Inspector of Inspection of Building and Construction who shall also exercise the powers of an Inspector under this Act throughout the State in relation to establishments for which the State Government is the appropriate Government. (3) The appropriate Government may, by notification, appoint such number of its officers as it thinks fit to be Inspectors for the purposes of this Act and may assign to them such local limits as it may think fit. (4) Every Inspector appointed under this section shall be subject to the control of the Director-General or the Chief Inspector, as the case may be, and shall exercise his powers and perform his functions under this Act subject to general control and supervision of the Director-General or the Chief inspector. (5) The Director-General, the Chief Inspector and every Inspector shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). 43. Power of Inspectors. (1) Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed,-(a) enter, at all reasonable hours, with such assistants (if any) being persons in the service of the Government or any local or other public authority as he thinks fit, any premises or place where building or other construction work is carried on, for the purpose of examining any register or record or notices required to be kept or exhibited by or under this Act, and require the production thereof for inspection; (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 construction 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 this Act which he has reason to believe has been committed by the employer; and (e) exercise such other powers as may be prescribed. (2) For the purposes if this section, the Director-General or the chief Inspector, as the case may be, may employ experts or agencies having such qualifications and experience and on such terms and conditions as may be prescribed. (3) any person required to produce any document or to give my information required by an Inspector under sub-section (1) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code (45 of 1860). (4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to such search or seizure under sub-section (1) as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code.

CHAPTER IXSPECIAL PROVISIONS

44. Responsibility of employers. An employer shall be responsible for providing constant and adequate supervision of any building or other construction work in his establishment as to ensure compliance with the provisions of this Act relating to safety and for taking all practical steps necessary to prevent accidents. 45. Responsibility for payment of wages and compensation. (1) An employer shall be responsible for payment of wages to each building worker employed by him and such wages shall be paid on or before such date as may be prescribed. (2) In case the contractor fails to make payment of compensation in respect of a building worker employed by him, where he is liable to make such payment when due, or makes short payment thereof, then in the case of death or disablement of the building worker, the employer shall be liable to make payment of that compensation in full or the unpaid balance due in accordance with the provisions of the Workmen's compensation Act 1923 (8 of 1923), and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. 46. Notice of commencement of building or other construction work. (1) An employer shall, at least thirty days before the commencement of any building or other construction work, send or cause to be sent to the Inspector having jurisdiction in the area where the proposed building or other construction work is to be executed, a written notice containing-



(a) the name and situation of the place where the buildings or other construction work is proposed to be carried on;(b) the name and address of the person who is undertaking the building or other construction work;(c) the address to which communications relating to the building or other construction work may be sent;(d) the nature of the work involved and the facilities, including any plant and machinery, provided;(e) the arrangements for the storage of explosives, if any, to be used in the building or other construction work,(f) the, number of workers likely to be employed during the various stages of building or other construction work;(g) the name and designation of the person who will be in overall charge of the 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-section (1), the employer shall intimate the change to the Inspector within two days of such change.

(3) Nothing contained in sub-section (1) shall apply in case of such class of building or other construction work as the appropriate Government may by notification specify to be emergent works.

CHAPTER XPENALTIES AND PROCEDURE

47. Penalty for contravention of provisions regarding safety measures. (1) 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 the case of a continuing contravention, with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention. (2) If any person who has been convicted of any offence punishable under subsection (1) is again guilty of an offence involving a contravention or failure of compliance of the same provision, he shall be punishable on a 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 which may extend to two thousand rupees or with both:

Provided that for the purposes of this sub-section, no cognizance shall be taken of any conviction made more than two years before the commission of the offence for which the person is subsequently being convicted:



Provided further that the authority imposing the penalty, if it is satisfied that there are exceptional circumstances warranting such a course may, after recording its reasons in writing, impose a fine of less than five hundred rupees. 48. Penalty for failure to give notice of the commencement of the building or other construction work. Where an employer fails to give notice of the commencement of the building or other construction work under section 46, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may "tend to two thousand rupees, or with both. 49. Penalty for obstructions. (1) Whoever obstructs an Inspector in the discharge of his duties under this Act or refuses or wilfully neglects to afford the Inspector any reasonable facility for making any inspection, examination, inquiry or investigation authorised by or under this Act in relation to an establishment shall be punishable with imprisonment for a term which 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 or other document kept in pursuance of this Act or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before, or being examined by, an Inspector acting in pursuance of his duties under this Act shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. 50. Penalty for other offences. (1) Whoever contravenes any other provision of this Act or any rules made thereunder or who fails to comply with any provision of this Act or any rules made thereunder shall, where no express penalty is elsewhere provided for such contravention or failure, be punishable with fine which may extend to one thousand rupees for every such contravention or failure, as the case may be, and in the case of a continuing contravention or failure, as the case may be, with an additional fine which may extend to one hundred rupees for every day during which such contravention or failure continues after the conviction for the first such contravention or failure. (2) A penalty under sub-section (1) may be imposed- (a) by the Director-General where the contravention or failure relates to a matter to which the appropriate Government is the Central Government; and (b) by the Chief Inspector where the contravention or failure relates to a matter to which the appropriate Government is the State Government. (3) No penalty shall be imposed unless the person concerned is given a notice, in writing-



(a) informing him of the grounds on which it is proposed to impose a penalty; and (b) giving him a reasonable opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the imposition of penalty mentioned therein, and, if he so desires, of being heard in the matter. (4) Without prejudice to any other provision contained in this Act, the Director- General and the Chief Inspector shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while exercising any powers under this section, in respect of the following matters, namely:- (a) summoning and enforcing the attendance of witnesses; (b) requiring the discovery and production of any document; (c) requisitioning any public record, or copy thereof from any court or office; (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 concerned from being prosecuted under any other provision of this Act or any other law for any offence made punishable by this Act or by that other law, as the case may be, or for being liable under this Act or any such law to any other or higher penalty or punishment than is provided for such offence by this section: Provided that no person shall be punished twice for the same offence. 51. Appeal. Any person aggrieved by the imposition of any penalty under section 50 may prefer an appeal- (a) where the penalty has been imposed by the Director-General, to the Central Government; (b) where the penalty has been imposed by the Chief Inspector, to the State Government, imposition of such penalty: Provided that the Central Government or the State Government, as the case may be, may, if it is satisfied that the appellant was prevented by sufficient cause from preferring an appeal within the aforesaid period of three months, allow such appeal to be preferred within a further period of three months. (2) The appellate authority may, after giving the appellant an opportunity of being heard, if he so desires, and after making such further inquiry, if any, as it may consider necessary, pass such order as it thinks fit confirming, modifying or reversing the order appealed against or may send back the case with such directions as it may think fit for a fresh decision.

52. Recovery of penalty. Where any penalty imposed on any person under section 50 is not paid,- (i) the Director-General or, as the case may be,the Chief Inspector may deduct the amount so payable from any money owing to such person which may be under his control; or



(ii) the Director-General or, as the case may be, the Chief Inspector may recover the amount so payable by detaining or selling the goods belonging to such person which are under his control; or (iii) if the amount cannot be recovered from such person in the manner provided in clause (i) or clause (ii), the Director-General or, as the case may be, the Chief Inspector may prepare a certificate signed by him specifying the amount due from such person and send it to the Collector of the district in which such person owns any property or resides or carries on hisbusiness and the said Collector, on receipt of such certificate shall proceed, to recover from such person the amount specified thereunder as if it were an arrear of land revenue. 53. Offences by companies. (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.-For the purposes of this section,-(a) "company" means any body corporate and includes a firm or other association of individuals; and(b) "director", in relation to a firm, means a partner in the firm. 54. Cognizance of offences. (1) No court shall take cognizance of any offence punishable under this Act except on a complaint-(a) made by, or with the previous sanction in writing of, the Director-General or the Chief Inspector; or(b) made by an office-bearer of a voluntary organisation registered under the Societies Registration Act, 1860 (21 of 1860); or(c) made by an office-bearer of any concerned trade union registered under the Trade Unions Act, 1926 (16 of 1926).



(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. 55. Limitation of prosecutions. No court shall take cognizance of an offence punishable under this Act unless the complaint thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of the Director- General, the Chief Inspector, an office-bearer of a voluntary Organisation or, as the case may be, an office-bearer of any concerned trade union.

CHAPTER XIMISCELLANEOUS

56. Delegation of powers. A Board may, by general or special order, delegate to the Chairperson or any other member or to the Secretary or any other officer or employee of the Board, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and duties under this Act as it may deem necessary. 57. Returns. Every Board shall furnish from time to time to the Central Government and to the State Government such returns as they may require. 58.Application of Act 8 of 1923 to building workers. The provisions of the Workmen's Compensation Act, 1923, shall so far as may be, apply to building workers as if the employment to which this Act applies had been included in the Second Schedule to that Act. 59.Protection of action taken in good faith. (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder. (2) No prosecution or other legal proceeding shall lie against the Government, any Board or Committees constituted under this Act or any member of such Board or any officer or employee of the Government or the Board or any other person authorised by the Government or any Board or Committee, for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made or issued thereunder. 60. Power of Government to give direction. The Central Government may give directions to the Government of any State or to a Board as to the carrying into execution in that State of any of the provisions of this Act. 61. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty:



Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. 62. Power to make rules. (1) The appropriate Government may, after consultation with the expert committee, by notification, make rules for carrying out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the number of persons to be appointed as members representing various interests on the Central Advisory Committee and the State Advisory Committees, the term of their office and other conditions of service, the procedure to be followed in the discharge of their functions and the manner of filling vacancies under sub-section (3) 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 the expert committee for attending its meetings under sub-section (2) of section 5; (c) the form of application for the registration of an establishment, the levy of fees therefore 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 the conditions subject to which such certificate may be issued under sub-section (3) of section 7; (e) the form in which the change in ownership or management or other particulars shall be intimated to the registering officer under sub-section (4) of section 7; (f) the form in which an application for registration as a beneficiary shall be made under sub-section (2) of section 12; (g) the document and the fee which shall accompany the application under subsection (3) of section 12; (h) the registers which the Secretary of the Board shall cause to be maintained under sub-section (6) of section 12; (i) the benefits which may be given under sub-section (2) of section 14; (j) the form in which register of beneficiaries shall be maintained under section 15;



(k) the terms and conditions of appointment, the salaries and other allowances payable to, and the manner of filling of casual vacancies of, the Chairperson and other members of the Board under sub-section (4) of section 18; (l) the terms and conditions of service and the salaries and allowances payable to the Secretary and the other officers and employees of the Board under subsection (3) of section 19; (m) the time and place, of the meeting of the Board and the rules of procedure to be followed at such meeting under sub-section (1) of section 20 including quorum necessary for the transaction of business; (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), medical expenses payable and the persons who shall be the dependent of the beneficiaries 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 clause (b) of sub-section (3) of section 22; (p) the form in which and the time within which the budget of the Board shall be prepared and forwarded to Government under section 25; (q) the form in which and the time within which the annual report of the Board shall be submitted to the State Government and the Central Government under section 26; (r) the form of annual statement of accounts under sub-section (1), 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 (1) of section 28 and the extent up to which, and the conditions subject to which, the provisions of that subsection 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 included therein under sub- section (1) of section 30; (u) the form and manner in which a notice shall be exhibited and the particulars it 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 sub-section (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 37; (za) the number of representatives of the employer and the building workers under sub-section (1) of section 38 and the qualifications of safety officers and the duties to be performed by them under sub-section (2) of that section; (zb) the form of a notice of accident, other matters to be provided in this behalf and the time within which such notice shall be given under sub-section (1) of section 39; (zc) the rules to be made for the safety and health of building workers under section 40; (zd) the powers that may be exercised by an Inspector under clause (e) of subsection (1) of section 43 and the qualifications and experience which the experts or agencies employed under sub-section (2) of that section shall possess and the terms and conditions on which such experts or agencies may be employed; (ze) the date on or before which wages shall be paid to a building worker under section 45; (zf) the matters which are required to be prescribed under clause (i) of subsection (1) of section 46; (zg) any other matter which is required to be, or may be, prescribed. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive session, and if, before the expiry of the session immediately following the session or the successive session aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (4) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or, where such Legislature consists of one House, before that House



63. Saving of certain laws. Nothing contained in this Act shall affect the operation of any corresponding law in a State providing welfare schemes which are more beneficial to the building and other construction workers than those provided for them by or under this Act. 64. Repeal and saving. (1) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Third Ordinance, 1996 (Ord. 25 of 1996), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.

The Building & Other Construction Workers’ Welfare Cess Act, 1996

1. SHORT TITLE, EXTENT AND COMMENCEMENT. - (1) This Act may be called the Building and Other Construction Workers' Welfare Cess Act, 1996.

(2) It extends to the whole of India.

(3) It shall be deemed to have come into force on the 3rd day of November, 1995.

2. DEFINITIONS. - In this Act, unless the context otherwise requires,- (a) "Board" means a Building and Other Construction Workers' Welfare Board constituted by a State Government under sub-section (1) of Section 18 of the Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act, 1996;

(b) "Fund means the Building and Other Construction Workers' Welfare Fund constituted by a Board;

(c) "prescribed" means prescribed by rules made under this Act;

(d) words and expressions used herein but not defined in the Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act, 1996 shall have the meanings respectively assigned to them in that Act.

3. LEVY AND COLLECTION OF CESS. - (1) There shall be levied and collected a cess for the purposes of the Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act, 1996, at such rate not exceeding two per cent but not less than one per cent of the cost of construction incurred by an employer, as the Central Government may, be notification in the Official Gazette, from time to time specify.

(2) The cess levied under sub-section (1) shall be collected from every employer in such manner and at such time, including deduction at source in relation to a building or other



construction work of a Government or of a public sector undertaking or advance collection through a local authority where an approval of such building or other construction work by such local authority is required, as may be prescribed.

(3) The proceeds of the cess collected under sub-section (2) shall be paid by the local authority or the State Government collecting the cess to the Board after deducting the cost of collection of such cess not exceeding one per cent of the amount collected.

(4) Notwithstanding anything contained in sub-section (1) or sub- section (2), the cess leviable under this Act including payment of such cess in advance may, subject to final assessment to be made, be collected at a uniform rate or rates as may be prescribed on the basis of the quantum of the building or other construction work involved.

4. FURNISHING OF RETURNS. - (1) Every employer shall furnish such return to such office or authority, in such manner and at such time as may be prescribed.

(2) If any person carrying on the building or other construction work, liable to pay the cess under Section 3, fails to furnish any return under sub-section (1), the officer or the authority shall give a notice requiring such person to furnish such return before such date as may be specified in the notice.

5. ASSESSMENT OF CESS. - (1) The officer or authority to whom or to which the return has been furnished under Section 4 shall, after making or causing to be made such inquiry as he or it thinks fit and after satisfying himself or itself that the particulars stated in the return are correct, by order, assess the amount of cess payable by the employer.

(2) If the return has not been furnished to the officer or authority under sub-section (2) of Section 4, he or it shall, after making causing to be made such inquiry as he or it thinks fit, by order, asses the amount of cess payable by the employer.

(3) An order of assessment made under sub-section (1) or sub- section (2) shall specify the date within which the cess shall be paid by the employer.

6. POWER TO EXEMPT. - Notwithstanding anything contained in this Act, the Central Government may, by notification in the Official Gazette, exempt any employer or class employers in a State from the payment of cess payable under this Act where such cess is already levied and payable under corresponding law in force in that State.

7. POWER OF ENTRY. - Any officer or authority of the State Government specially empowered in this behalf by that Government may- (a) with such assistance, if any, as he or it may think fit, enter at any reasonable time any place where he or it considers it necessary to enter for carrying out the purpose of this Act including verification of the correctness of any particulars furnished by any employer under Section 4;

(b) do within such place anything necessary for the discharge of his or its duties under this Act; and



(c) exercise such other powers as may be prescribed.

8. INTEREST PAYABLE ON DELAY IN PAYMENT OF CESS. - If any employer fails to pay any amount of cess payable under Section 3 within the time specified in the order assessment, such employer shall to pay interest on the amount to be paid at the rate of two per cent every month or part of a month comprised in the period from the date on which such payment is due till such amount is actually paid.

9. PENALTY FOR NON-PAYMENT OF CESS WITHIN THE SPECIFIED TIME. - If any amount of cess payable by any employer under Section 3 is not paid within the date specified in the order of assessment made under Section 5, it shall be deemed to be in arrears and the authority prescribed in this behalf may, after making such inquiry as it deems fit, impose on such employer a penalty not exceeding the amount of cess :

Provided that, before imposing any such penalty, such employer shall be given a reasonable opportunity of being heard and if after such hearing the said authority is satisfied that the default was for any good and sufficient reason, no penalty shall be impose under this section.

10. RECOVERY OF AMOUNT DUE UNDER THE ACT. - Any amount due under this Act (including any interest of penalty) from any employer may be recovered in the same manner as an arrear of land revenue

11. APPEALS. - (1) Any employer aggrieved by an order of assessment made under Section 5 or by an order imposing penalty made under Section 9 may, within such time as may be prescribed, appeal to such appellate authority in such form and in such manner as may be prescribed.

(2) Every appeal preferred under sub-section (1) shall be accompanied by such fees as may be prescribed.

(3) After the receipt of any appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible.

(4) Every order passed in appeal under this section shall be final and shall not be called in question in any court of law.

12. PENALTY. - (1) Whoever, being under an obligation to furnish a return under this Act, furnishes any return knowing, or having reason of believe, the same to be false shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

(2) Whoever, being liable to pay cess under this Act, willfully or intentionally evades or attempts to evade the payment of such cess shall be punishable with imprisonment which may extend to six months, or with fine, or with both.



(3) No court shall take cognizance of an offence punishable under this section save on a complaint made by or under the authority of the Central Government.

13. OFFENCES BY COMPANIES. - (1) Where the offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to the proceeded against and punished accordingly :

Provide that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent of connivance of, or is attributable to any neglect on the part, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Contract Labour ACT

PRINCIPLE/RULESNew Delhi, the 1st Feb. 1971

G.S.R. 190In exercise of the powers conferred by sub-section (3) of Section 1 of the Contract

Labour (Regulation & Abolition) Act, 1970, (Act 37 of 1970) the Central Government hereby appoints the 10th of Feb. 1971, as the date from which all the provisions of the said Act shall come into force.

(No.M.18011 (2)/71-LW.I/Con.II)G.S.R. 191

In exercise of the powers conferred by section 35 of the Contract Labour (Regulation & Abolition) Act, 1970, the Central Government hereby makes the following rules, the same having been previously published as required by the said section, namely: -

CHAPTER-I RULESShort title and commencement

1) These rules may be called the Contract Labour (Regulation & Abolition) Central Rules, 1971.

2) They shall come into force on the date of their publication in the Official Gazette.

DefinitionsIn these rules, unless the subject or context otherwise requires, —

(a) “Act” means the Contract Labour (Regulation & Abolition) Act, 1970;



(b) “Appellate Officer” means the Appellate Officer appointed by the Central Government under sub-section (1) of Section 15;

(c) “Board” means the Central Advisory Contract Labour Board constituted under section 3;

(d) “Chairman” means the Chairman of the Board;(e) “Committee” means a Committee constituted under sub-section (1) of Section 5;(f) “Form” means a form appended to these rules;(g) “Section” means a section of the Act.

CHAPTER II CENTRAL BOARD

3. The Board shall consist of the following Members: -

(a) A Chairman to be appointed by the Central Government;(b) the Chief Labour Commissioner(Central) — ex-officio;(c) One person representing the Central Government, to be appointed by that

Government from amongst its officials;(d) [two] persons representing the Railways, to be appointed by Central Government

after consultation with the Railway Board;(e) [five] persons, one representing the employers in coal mines, [two] representing

the employers in other mines and two representing contractors to whom the Act applies, to be appointed by the Central Government after consultation with such organizations, if any, of the employers and the contractors as may be recognized by the Central Government;

(f) [seven] persons, [two] representing the employees in the Railways one representing, the employees in coal mines, two representing the employees in other mines, and two representing the employees of contractors to whom the Act applies, to be appointed by the Central Government after consultation with such organization, if any, of employees representing the respective interest as may be recognized by the Central Government.

4.TERMS OF OFFICE (1) The Chairman of the Board shall hold office as such for a period of three years

from the date on which his appointment is first notified in the Official Gazette.(2) Each of the members of the Board, referred to in clauses (c) and (d) of rule 3,

shall hold office as such during the pleasure of the President.(3) Each of the members referred to in clauses (e) and (f) of rule 3 shall hold office as

such for a period of three years commencing from the date on which his appointment is first notified in the Official Gazette:Provided that where the successor of any such member has not been notified in the

Official Gazette on or before the expiry of the said period of three years, such members shall, notwithstanding the expiry of the period of his office, continue to hold such office until the appointment of his successor has been notified in the Official Gazette.

(4) If a member is unable to attend a meeting of the Board, the Central Government or the body which appointed or nominated him may, by notice in writing signed on its behalf and by such member and addressed to the Chairman of the said Board, nominate a substitute in his place to attend the meeting and such a substitute member



shall have all the rights of a member in respect of that meeting and any decision taken at the meeting shall be binding on the said body.

5.REGISTRATION

(1) A member of the Board, not being an ex-officio member, may resign his office by a letter in writing addressed to the Central Government.(2) The Office of such a member shall fall vacant from the date on which his resignation is accepted by the Central Government, or on the expiry of thirty days from the date of receipt of the letter of resignation by that Government whichever is earlier.]

6.CESSATION OF MEMBERSHIP.If any member of the Board, not being an ex-officio member, fails to attend three

consecutive meetings of the Board, without obtaining the leave of the Chairman for such absence, he shall cease to be member of the Board:

Provided that the Central Government may, if it is satisfied that such member was prevented by sufficient cause from attending three consecutive meetings of the Board, direct that such cessation shall not take place and on such direction being made, such member shall continue to be a member of the Board.

7.DISQUALIFICATION FOR MEMBERSHIP(1)A person shall be disqualified for being reappointed, and for being a member of the Board, -

i) if he is of unsound mind and stands so declared by a competent court; orii) if he is an undischarged insolvent; or iii) if he has been or is convicted of an offence which, in the opinion of the Central

Government, involves moral turpitude.(2) If a question arises as to whether a disqualification has been incurred under sub-rule (1), the Central Government shall decide the same.

8.REMOVAL FROM MEMBERSHIPThe Central Government may remove from office any member of the Board, if in

its opinion such a member has ceased to represent the interest which he purports to represent on the Board:

Provided that no such member shall be removed unless a reasonable opportunity is given to him of making any representation against the proposed action.

9. VACANCYWhen a vacancy occurs or is likely to occur in the membership of the Board the

Chairman shall submit a report to the Central Government and on receipt of such report the central Government shall take steps to fill the vacancy by making an appointment from amongst the category of persons to which the person vacating membership belonged and the person so appointed shall hold office for the remainder of the term of office of the member in whose place he is appointed.



10.STAFF(1) i) The Central Government may appoint one of its officials as Secretary to the Board

and appoint such other staff as it may think necessary to enable the Board to carry out its functions.

ii) The salaries and allowances payable to the staff and the other conditions of service of such staff shall be such as may be decided by the Central Government.

(2) The Secretary-i) shall assist the Chairman in convening meetings of the Board;ii) may attend the meetings but shall not be entitled to vote at such meetings;iii) shall keep a record of the minutes of such meetings; andiv) shall take necessary measures to carry out the decisions taken at the meetings of

the Board.

11. ALLOWANCES OF MEMBERS1) The traveling allowance of an official member shall be governed by the rules

applicable to him for journey performed by him on official duties and shall be paid by the authority paying his salary.

2) The non-official members of the Board shall be paid traveling allowance for attending the meeting of the Board at such rates as are admissible to Grade I officers of the Central Government and daily allowances shall be calculated at the maximum rate admissible to Grade I officers of the Central Government in their respective places.

12. DISPOSAL OF BUSINESSEvery question which the Board is required to take into consideration shall be

considered at a meeting, or, if the Chairman so directs, by sending the necessary papers to every member for opinion, and the question shall be disposed of in accordance with the decision of the majority:

Provided that in the case of equality of votes, the chairman shall have as second or a casting vote.

Explanation - “Chairman” for the purposes of this Rule shall include the Chairman nominated under rule 13 to preside over a meeting.13. MEETINGS

(1) The Board shall meet at such places and times as may be specified by the Chairman.

(2) The Chairman shall preside over every meeting of the Board at which he is present and in his absence nominate a member of the Board to preside over such meeting.

14. NOTICE OF MEETINGS AND LIST OF BUSINESS(1) Ordinarily seven days’ notice shall be given to the members of a proposed

meeting.(2) No business which is not on the list of business for a meeting shall be

considered at that meeting without the permission of the Chairman.

15.Quorum



No business shall be transacted at any meeting unless at least five members are present:

Provided that if at any meeting less than five members are present, the Chairman may adjourn the meeting to another date informing members present and giving notice to the other members that he proposes to dispose of the business at the adjourned meeting whether there is prescribed quorum or not, and it shall thereupon be lawful for him to dispose of the business at the adjourned meeting irrespective of the number of members attending.

16. COMMITTEES OF THE BOARD(1) i) The Board may constitute such Committees and for such purpose or purposes as it

may think fit.ii) While constituting the Committee the Board may nominate one of its members to be the Chairman of the Committee.

(2) i)The Committee shall meet as such times and places as the Chairman of the said Committee may decide.

ii) The provisions of rules 12, 13(2), 14 and 15 shall apply to the Committee for transaction of business at its meetings as they apply to the Board, subject to the modification that the quorum specified in rule 15 shall be ‘one-third’ of the members’ instead of ‘five members’.

(3)The provisions of rule 11 shall apply to the members of the Committee for attending the meetings of the committee as they apply to the members of the Board.

CHAPTER IIIREGISTRATION AND LICENSING

17. Manner of making application for registration of establishments.

1) The application referred to in sub-section (1) of Section 7 shall be made in triplicate Form I to the registering officer of the area in which the establishment sought to be registered is located.

2) The application referred to in sub-rule (1) shall be accompanied by a [demand draft] showing payment of the fees for the registration of the establishment.

3) Every application referred to in sub-rule (1) shall be either personally delivered to the registering officer or sent to him by registered post.

4) On receipt of the application referred to in sub-rule (1), the registering officer shall, after noting thereon the date of receipt by him of the application grant an acknowledgement to the applicant.

18. GRANT OF CERTIFICATE OF REGISTRATION1) The certificate of registration granted under sub-section (2) of Section 7 shall be

in Form II.2) Every certificate of registration granted under sub-section (2) of Section 7 shall

contain the following particulars, namely: -(a) the name and address of the establishment;



(b) the maximum number of workmen to be employed as contract labour in the establishment;

(c) the type of business, trade, industry, manufacture or occupation which is carried on in the establishment;

(d) such other particulars as may be relevant to the employment of contract labour in the establishment.

(3) The registering Officer shall maintain a register in Form III showing the particulars of establishments in relation to which certificates of registration have been issued by him.

(4) If, in relation to an establishment, there is any change, in the particulars specified in the certificate of registration, the principal employer of the establishment shall intimate to the registering officer, within thirty days from the date when such change takes place, the particulars of, and the reasons for, such change.

19. Circumstances in which application for registration maybe rejected1) If any application for registration is not complete in all respects, the registering

officer shall require the principal employer to amend the application so as to make it complete in all respects.

2) If the principal employer, on being required by the registering officer to amend his application for registration, omits or fails to do so, the registering officer shall reject the application for registration.

20. Amendment of certificate of registration1) Where, on receipt of the intimation under sub rule (4) of rule 18, the registering

officer is satisfied that an amount higher than the amount which has been paid by the principal employer as fees for the registration of the establishment is payable, he shall require such principal employer to [pay] a sum which, together with the amount already paid by such principal employer, would be equal to such higher amount of fees payable for the registration of the establishment and to produce the [demand draft] showing such deposit.

2) Where, on receipt of the intimation referred to in sub rule (4) of rule 18, the registering officer is satisfied that there has occurred a change in the particulars of the establishment, as entered in the register in Form III, he shall amend the said register and record therein the change which has occurred;

Provided that no such amendment shall affect anything done or any action taken or any right, obligation or liability acquired or incurred before such amendment.

Provided further that the registering officer shall not carry out any amendment in the register in Form III unless the appropriate fees have been deposited by the principal employer.

21. Application for a Licence.--



1) Every application by a contractor for the grant of a licence shall be made in triplicate in Form IV, to the licencing officer of the area in which the establishment, in relation to which he is the contractor, is located.

2) Every application for the grant of a lience shall be accompanied by a certificate by the principal employer in Form V to the effect that the applicant has been employed by him as a contractor in relation to his establishment and that he undertakes to be bound by all the provisions of the Act and the rules made thereunder in so far as the provisions are applicable to him as principal employer in respect of the employment of contract labour by the applicant.

3) Every such application shall be either personally delivered to the licensing officer or sent to him by registered post.

4) On receipt of the application referred to in sub-rule (1), the licensing officer shall, after noting thereon the date of receipt of the application, grant an acknowledgement to the applicant.

5) Every application referred to in sub-rule (1) shall also be accompanied by a demand draft snowing-

(i) the deposit of the security at the rates specified fin rule 24, and(ii) the payment of the fees at the rates specified in rule 26.

22. Matters to be taken into account in granting or refusing a licenceIn granting or refusing to grant a licence, the licensing officer shall take the

following matters into account, namely: -(a) Whether the applicant-(i) is a minor, or(ii) is of unsound mind and stands so declared by a competent court, or(iii) is an undischarged insolvent, or(iv) has been convicted (at any time during a period of five years immediately preceding

the date of application) of an offence that in the opinion of the Central Government, involves moral turpitude;

(b) Whether there is an order of the appropriate Government, or an award or settlement for the abolition of contract labour in respect of the particular type of work in the establishment for which the applicant is a contractor;

(c) Whether any order has been made in respect of the applicant under sub-section (1) of Section 14, and, if so, whether a period of three years has elapsed from the date of that order;

(d) Whether the fees for the application have been deposited at the rates specified in rule 26; and

(e) Whether security has been deposited by the applicant at the rates specified in rule 24.23. Refusal to grant licence

1) On receipt of the application from the contractor, and as soon as possible thereafter, the licensing officer shall investigate or cause investigation to be made to satisfy himself about the correctness of the facts and particulars furnished in such application and the eligibility of the applicant for a licence.

2) (i) Where the licensing officer is of opinion that the licence should not be granted, he shall, after affording reasonable opportunity to the applicant to be heard, make an order rejecting the application.



ii) The order shall record the reasons for the refusal and shall be communicated to the applicant.

24. Security1) Before a licence is issued, an amount calculated at the rate of Rs.90 for each of the

workmen to be employed as contract labour, in respect of which the application for licence has been made, shall be deposited by the contractor for due performance of the conditions of the licence and compliance with the provisions of the Act or the rules made thereunder.

[Provided that where the contractor is a co-operative society, the amount deposited as security shall be at the rate of [Rs. 15] for each other of the workmen to be employed as a contract labour.]

[(IA) where the applicant for the licence was holding a licence in regard to another work and that licence had expired, the licensing officer, if he is of the view that any amount out of the security deposited in respect of that licence is to be directed to be refunded to the applicant under rule 31, may, on an application made for that purpose in Form VA by the applicant adjust the amount so to be refunded towards the security required to be deposited in respect of the application for the new licence and the applicant need deposit, in such a case, only the balance amount, if any, after making such adjustment.]

(2)[The amount of security,or the balance amount, required to be deposited under sub-rule(1) or, as the case may be, under sub-rule (1A)] shall be paid in the local teasury under the Head of Account “Section T-Deposits & Advances-PartII Deposits bearing interest-(c) Other Deposit Accounts-Departmental and Judicial Deposits-Civil Deposits-Deposits, under Contract Labour (Regulation & Abolition) Act, 1970 (Central)

25. Forms and terms and conditions of licence.1) Every licence granted under sub-section (1) of Section 12 shall be in Form VI.2) Every licence granted under sub-rule (1) or renewed under rule 29 shall be

subject to the following conditions, namely:-i) The licence shall be non-transferable;ii) The number of workmen employed as contract labour in the establishment shall

not, on any day, exceed the maximum number specified in the licence;iii) Save as provided in these rules, the fees paid for the grant, or as the case may

be, for renewal of the licence shall be non-refundable;iv) The rates of wages payable to the workmen by the contractor shall not be less

than the rates prescribed under the Minimum Wages Act, 1948(11 of 1948) for such employment where applicable and where the rates have been fixed by agreement, settlement or award and less than the rates so fixed;

v) (a) In cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishments, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same



as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work;

Provided that in the case of any disagreement with regard to the type of work the same shall be decided by the Chief Labour Commissioner (Central);

b) in other cases the wage rates, holidays, hours of work and conditions of service of the workmen of the contractor shall be such as may be specified in this behalf by the Chief Labour Commissioner (Central);

Explanation- While determining the wage rates, holidays, hours of work and other conditions of service under (b) above, the Chief Labour Commissioner shall have due regard to the wage rates, holidays, hours of work and other conditions of service obtaining in similar employments;(VI)(a) in every establishment where twenty or more women are ordinarily employed as contract labour, there shall be provided two rooms of reasonable dimensions for the use of their children under the age of six years.(b) on of such rooms shall be used as a play room for the children and the other as bed room for the children,(c) the contractor shall supply adequate number of toys’ and games in the playroom and sufficient number of cots and beddings in the sleeping room,(d) the standard of construction and maintenance of the crèches shall be such as may be specified in this behalf by the Chief Labour Commissioner(C);(vii) the licencee shall notify any change in the number of workmen or the conditions of work to the licensing officer;(viii) the licencee shall, within fifteen days of the commencement and completion of each contract work submit a return to the Inspector, appointed under Section 28 of the Act, intimating the actual date of the commencement, or, as the case may be, completion of such contract work in Form VIA];(ix) a copy of the licence shall be displayed prominently at the premises where the contract work is being carried on];(x) no female contract labour shall be employed by any contractor before 6.00 a.m. or after 7.00 p.m.

Provided that this clause shall not apply to the employment of women in pithead baths, crèches and canteens and so to mid-wives and nurses in hospitals and dispensaries.

26.FEES: (1) The fees to be paid for the grant of a certificate of registration under Section 7 shall be as specified below: -If the number of workmen proposed to be employed on contract on any days-

(a) is 20 Rs.60(b) exceed 20 but does not exceed 50 Rs.150(c) exceed 50 but does not exceed 100 Rs.300(d) exceed 100 but does not exceed 200 Rs.600(e) exceed 200 but does not exceed 400 Rs.1200(f) exceeds 400 Rs.1500



(2) The fees to be paid for the grant of a licence under section 12 shall be as specified below: -

If the number of workmen employed by the contractor on any day-(a) is 20 Rs.15.00(b) exceed 20 but does not exceed 50 Rs.37.50(c) exceed 50 but does not exceed 100 Rs.75.00d) exceed 100 but does not exceed 200 Rs.150(e) exceed 200 but does not exceed 400 Rs.300.00(f) exceed 400 Rs.375.00

27.Validity of the licenceEvery licence granted under rule 25 or renewed under rule 29 shall remain in

force for twelve months from the date it is granted or renewed.28.Amendment of the licence:

(1) A licence issued under rule 25 or renewed under rule 29 may, for good and sufficient reasons be amended by the Licensing Officer.

(2) The Contractor who desires to have the licence amended shall submit to the licensing officer an application stating the nature of the amendment and reasons therefore.

(3) (i)If the licensing officer allows the application he shall require the applicant to furnish a [demand draft] for the amounts if any, by which the fees that would have been payable if the licence had been originally issued in the amended form exceeds the fees originally paid for the licence.

(ii) On the applicant furnishing the requisite [demand draft] the licence shall be amended according to the orders of the licensing officer.

(4) Where the application for amendment is refused, the licensing officer shall record the reasons for such refusal and communicate the same to the applicant.

29.Renewal of licence-(1) Every contractor shall apply to the licensing officer for renewal of the licence.(2) Every such application shall be in Form VII in triplicate and shall be made not

less then thirty days before the date on which the licence expires, and if the application is so made, the licence shall be deemed to have been renewed until such date when the renewed licence is issued.

(3) The fees chargeable for renewal of the licence shall be the same as for the grant thereof:

Provided that if the application for renewal is not received within the time specified in sub-rule (2) a fee of 25 per cent in excess of the fee ordinarily payable for the licence shall be payable for such renewal:

Provided further that in case where the licensing officer is satisfied that the delay in submission of the application is due to unavoidable circumstances beyond the control of the contractor, he may reduce or remit as he thinks fit the payment of such excess fee.



30. Issue of duplicate certificate of registration or licenceWhere a certificate of registration or a licence granted or renewed under the preceding rules has been lost, defaced or accidentally destroyed, a duplicate may be granted on payment of fees of rupees five.

31. Refund of Security: (1)(i) On expiry of the period of licence the contractor may, if she does not intend to

have his licence renewed, make an application to the Licensing Officer for the refund of the security deposited by him under rule 24.

(ii) If the Licensing Officer is satisfied that there is no breach of the conditions of licence or there is no order under Section 14 for the forfeiture of security or any portion thereof, he shall direct the refund of the security to the applicant.

(2) If there is any order directing the forfeiture of any portion of the security, the amount to be forfeited shall be deducted from the security deposit, and balance, if any, refunded to the applicant.

(3) Any application for refund shall, as far as possible be disposed of within 60 days of the receipt of the application.

32. Grant of temporary certificate of registration and licence- (1) Where conditions arise in an establishments requiring the employment of contract

labour immediately and such employment is estimated to last for not more than fifteen days, the Principal Employer of the establishment of the contractors, as the case may be, may apply for a temporary certificate of registration or licence to the registering officer or the licensing officer, as the case may be, having jurisdiction over the area din which the establishment is situated.

(2) The application for such temporary certificate of registration or licence shall be made sin triplicate in Form, VIII and X respectively and shall be accompanied by a [demand draft drawn in favour of the Pay & Account Officer, office of the Chief Labour Commissioner (Central) New Delhi], showing the payment of appropriate fees and in the case of licence the appropriate amount of security also.

(3) On receipt of the application, complete in all respects, and on being satisfied either on affidavit by the applicant or otherwise that the work in respect of which the application has been made would be finished in a period of fifteen days and was of a nature which could not but be carried out immediately the registering officer or the licensing officer as the case; may be, shall forthwith grant a certificate of registration in Form, IX, or a licence in Form, XI, as the case may be, for a period of not more than fifteen days.

(4) Where a certificate of registration or licence is not granted, the reasons therefore shall be recorded by the registering officer or the licensing officer, as the case may be.

(5) On the expiry of the validity of the registration certificate the establishment shall cease to employ in the establishment contract labour in respect of which the certificate was given.

(6) The fees to be paid for the grant of the certificate of registration under sub-rule (3) shall be as specified below:



If the number of workmen proposed to be employed on the contract on any day-(a) exceeds 20 but does not exceed 50 Rs.30.00(b) exceeds 50 but does not exceed 200 Rs.60.00(c) exceeds 200 Rs.90.00(7) The fees to be paid for the grant of a licence under sub-rule (3) shall be as specified below:If the number of workmen to be employed by the contractor on any day-(a) exceeds d20 but does not exceed 50 Rs.15.00(b) exceeds 50 but does not exceed 200 Rs.60.00(c) exceeds 200 Rs.30.00

(8) The provision of rule 23 and rule 24 shall apply to the refusal to grants licence or to grant licence under sub-rule (4) and sub-rule (3), respectively.

CHAPTER IVAPPEALS AND PROCEDURES

33. (1)(i) Every appeal under sub-section (1) of Section 15 shall be preferred in the form of a Memorandum signed by the applicant or his authorized agent and presented to the Appellate Officer in person or sent to him by registered post.

(ii) The memorandum shall be accompanied bys a certified copy of the order appealed from and a [demand draft] for rupees 10.

(2) The memorandum shall set forth concisely and under distinct heads the grounds of appeal to the order appealed from.

34. (1) Where the memorandum of appeal does not comply with the provisions of sub-rule (2) of rule 33 it may be rejected or returned to appellant for the purpose of being amended within a time to be fixed bys the Appellate Officer.

(2) Where the Appellate Officer rejects the memorandum under sub-rule (1) he shall record the reason for such rejection and communicate the order to the appellant.

(3) Where the memorandum of appeal is in order the Appellate Officer shall admit the appeal, endorse thereon the date of presentation and shall register the appeal in a book to be kept for the purpose called the Registrar of Appeals.(4)(i) When the appeal has been admitted, the Appellate Officer shall sent the notice of the appeal to the Registering Officer of the Licensing Officer, as the case may be, from whose order the appeal has been preferred and the Registering Officer or the Licensing Officer shall send the record of the case to the Appellate Officer.

(ii) On receipt of the record the Appellate Officer shall send a notice to the appellant to appear before him at such date and time as may be specified in the notice for the hearing of the appeal.



35. If on the date fixed for hearing, the Appellant does not appear, the Appellate Officer may dismiss the appeal for default of appearance of the appellant.

36. (i) Where an appeal has been dismissed under rule 35 the appellant may apply to the Appellate Officer for the re-admission of the appeal, and where it is proved that he was prevented bys any sufficient cause from appearing when the appeal was called on for hearing, the Appellate Officer shall restore the appeal on its original number.

(ii) Such an application shall, unless the Appellate Officer extends the time for sufficient reason, be made within 30 days of the date of dismissal.

37(1) If the appellant is present when the appeal is called on for the hearings, the Appellate Officer shall proceed to hear the appellant or by authorized agents and any other person summoned by him for this purpose, and pronounce judgment on the appeal, either confirming, reversing or varying the order appealed from.

(2) The judgment of the Appellate Officer shall state the points for determination, the decision thereon and the reasons for the decisions.

(3) The order shall be communicated to the appellant and copy thereof shall be sent to the Registering Officer of the Licensing Officer in whose order the appeal has been referred.

38.Payment of Fees-(1) All amounts of money payable on account of security deposit registration fees,

licence fee, appeal, supply of duplicate copies of registration certificates and in terms of any other provisions of the Act and rules shall be paid through a crossed demand draft drawn in favour of the officers as shown in Annexure ‘A’ and made payable at branch of the Union Bank of India at the headquarters of the officers specified in column (3) of the said Annexure. All such demand drafts shall be accompanied by a challan in form No. TR-6 (in triplicate) indicating the details of payments etc.

(2) The Licensing Officer, the Registering Officer or the Appellate Authority, as the case may be on receipt of the demand draft from the party shall arrange to deposit the amount in the appropriate account in the Bank with which he, in his capacity as Regional Labour Commissioner Assistant Labour Commissioner (Central), Delhi shall deposit the demand draft in the Union Bank of India, Extension Centre, Shram Shakti Bhawan, Rafi Marg, New Delhi in the Account of ‘Pay and Accounts Officer’ Chief Labour Commissioner, New Delhi

(3) The payments received by the officers specified in the said annexure by way of demand drafts shall be deposited in the relevant heads of accounts as shown below:-

Registration fees-“ 087-Labour and Employment- Fees under Contract Labour (Regulation & Abolition) Central Rules, 1971 (adjustable in the books of the Pay and Account Officer, (Chief Labour Commissioner), Ministry of Labour, New Delhi”



Licensing fees-“087-Labour Employment-Fees under the Contract Labour (Regulation & Abolition) Central Rules, 1971 (adjustable in the books of the Pay and Accounts Officer, (Chief Labour Commissioner), Ministry of Labour New Delhi”.

Security deposits-Deposits and Advance (-) deposits not bearing interest 843-Civil Deposits under Contract Labour (Regulation & Abolition) Act, 1970 (adjustable in the books of the Pay and Accounts Officer Chief Labour Commissioner Ministry of Labour New Delhi”.

Duplicate copy of the registration certificates. “087-Labour and Employment Fee under Contract Labour Appeals (Regulation and Abolition) Central Rules,1971”.

39. Copies- Copy of the order of the Registering Officer, Licensing Officer or the Appellate Officer may be obtained on payment of fees of rupees two for each order on application specifying the date and other particulars the order, made to the officer concerned.

CHAPTER VWELFARE AND HEALTH OF CONTRACT LABOUR

40. (1) The facilities required to be provided under sections 18 and 19 of the Act, namely sufficient supply of wholesome drinking water, a sufficient number of latrines and urinals, washing facilities and first-aid facilities, shall be provided by the contractor in the case of the existing establishments within seven days of the commencement these rules and in the case of new establishments within seven days of the commencement of the employment of contract labour therein.(2) If any of the facility mentioned in sub-rule (1) is not provided by the contractor within the period prescribed the same shall be provided by the principal employer within seven days of the expiry of the period laid downs in the said sub-rule.

41. Rest rooms- (1) In every place wherein contract labour is required to halt at night in connection with the working of the establishment to which the Act applies and in which employment of contract labour is likely to continue for 3 months or more the contractor shall provide sand maintain rest rooms or other suitable alternative accommodation within fifteen days of the coming into force of the rules in the case of existing establishments, and within fifteen days of the commencement of the employment of contract labour in new establishment.

(2) If the amenity referred to in sub-rule (1) is not provided by the contractor within the period prescribed the principal employer shall provide the same within a period of fifteen days of the expiry of the period laid down in the said sub-rule.(3) Separate rooms shall be provided for women employees.(4) Effective and suitable provision shall be made in every room for securing and maintaing adequate ventilation bys the circulation of fresh air and there shall also be provided and maintained sufficient and suitable natural or artificial lighting.



(5) The rest room or rooms or other suitable alternative accommodation shall be of such dimensions so a to provide at least a floor area of 1.1 sq. meter for each person making use of the rest room.(6) The rest room or rooms or other suitable alternative accommodation shall be so constructed as to afford adequate protection against heat, wind, rain and shall have smooth, hard and impervious floor surface.(7) The rest room or other suitable alternative accommodation shall be at a convenient distance from the establishment and shall have adequate supply of wholesome drinking water.

42. Canteens- (1) In every establishment to which the Act applies and wherein work regarding the employment of contract labour is likely to continue for six months and wherein contract labour numbering one hundred or more are ordinarily employed and adequate canteen shall be provided by the contractor for the use of such contract labour within sixty days of the date of coming into force of the rules in the case of the existing establishments and within 60 days of the commencement of the employment of contract labour in the case of new establishments.(2) If the contractor fails to provide the canteen within the time laid down the same shall be provided by the principal employer within sixty days of the expiry of the timer allowed to the contractor.(3) The canteen shall be maintained by the contractor or principal employer, as the case may be, in an efficient manner.

43. (1) the canteen shall consist of at least a dining hall, kitchen, storeroom, pantry and washing places separately for workers and for utensils.(2)(i) The canteen shall be sufficiently lighted at all times when any person has access to it.(ii) The floor shall be made of smooth and impervious material and inside walls shall be lime washed or colour-washed at least once in each year;

Provided that the inside walls of the kitchen shall be lime-washed every four months.

(3)(i) The precincts of the canteen shall be maintained in a clean and sanitary condition. (ii) Wastewater shall be carried away in suitable covered drains and shall not be allowed to accumulate so as to cause a nuisance. (iii) Suitable arrangements shall be made for the collection and disposal of garbage.44. (1) the dining shall accommodate at a time at least 30 per cent of the contract labour working at a time.(2)The floor area of the dining hall, excluding the area occupied bys the service counter and any furniture except tables and chairs shall be not less than one square meter per diner to be accommodated as prescribed in sub-rule (1)(3)(i) A portion of the dining hall and service counter shall be partitioned off and reserved for women workers, in proportion to their number. (ii) Washing places for women shall be separate and screened to secure privacy.(4) Sufficient tables, stools, chairs or benches shall be available for the number of dinners to be accommodated as prescribed in sub-rule (1)



45.(1)(i) There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen. ii) the furniture, utensils and other equipment shall be maintained in a clean and hygienic condition.(2)(i) Suitable clean clothes for the employees serving in the canteen shall also be provided and maintained. (ii) A service counter, if provided, shall have top of smooth and impervious material (iii Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of utensils and equipment.46. The foodstuff and other items to be served in the canteen shall be in conformity with the normal habits of the contract labour.47.The charges for foodstuffs, beverages and any other items served in the canteen shall be based on ‘no profit, no loss’ and shall be conspicuously displayed in the canteen.48. In arriving at the prices of foodstuffs and other articles served in the canteen the following items shall not be taken into consideration as expenditure, namely: -(a) The rent for the land and building;(b) The depreciation and maintenance charges for the building and equipment provided for in the canteen;(c)The cost of purchase, repairs and replacement of equipments including furniture, crockery, cutlery and utensils;(d) The water charges and other charges incurred for lighting and ventilation;(e) The interest on the amounts spent on the provision and maintenance of furniture and equipment provide for in the canteen.49. The books of accounts and registers and other documents used in connection with the running of the canteens shall be produced on demand to an Inspector.50. The accounts pertaining to the canteens shall be audited once every 12 months by

registered accountants and auditors;Provided that the Chief Labour Commissioner (Central) may approve of any other person to audit the accounts, if he is satisfied that it is not feasible to appoint a registered accountant and auditor in view of the site or the location of the canteen.51.Latrines and Urinals -Latrines shall be provided in every establishment coming within the scope of the Act on the following scale, namely:-(a) Where females; are employed, there shall be at least one latrine for every 25 females;(b) Where males are employed, there shall be at least one latrine for every 25 male:

Provided that where the number of males or females exceeds 100, it shall be sufficient if there is one latrine for every 25 males or females, as the case may be, upto the first 100, and one for every 50 thereafter.52.Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have proper door and fastenings.53. (1) Where workers of both sexes are employed there shall be displayed outside each block of latrine and urinal a notice in the language understood by the majority of the workers “For Men only” or “For Women Only”, as the case may be.(2) The notice shall also bear the figure of a man or a woman, as the case may be.54. There shall be at least one urinal for male workers unto 50 and one for female workers up to fifty employed at a time:



Provided that where the number of male or female workmen, as the case may be exceeds 500 it shall be sufficient if there is one urinal for every 50 males or females up to the first 500 and one for every 100 or part thereof thereafter.

55. (1) the latrines and urinals shall be conveniently situated and accessible to workers at all times at the establishment.(2)(i) The latrines and urinals shall be adequately lighted and shall be maintained in a clean and sanitary condition at all times.(ii) Latrines and urinals other than those connected with a flush sewage system shall comply with the requirements of the public health authorities.56. Water shall be provided by the means of tap or otherwise so as to be conveniently accessible in or near the latrine and urinals.57. Washing Facilities -(1) every establishment coming within the scope of the Act adequate and suitable facilities for washing shall be provided and maintained for the use of contract labour employed therein.(2) Separate and adequate screening facilities shall be provided for the use of male and female workers.(3) Such facilities shall be conveniently accessible and shall be kept in clean and hygienic condition.58. First-Aid Facilities -In every establishment coming within the scope of the Act there shall be provided and maintained so, as to be readily accessible during all working hours first-aid boxes at the rate of not less than one box for 150 contract labour or part thereof ordinarily employed.59. (1) The first-aid box shall be distinctively marked with a red cross on a white ground and shall contain the following equipment, namely:-A. For establishments in which the number of contract labour employed does not exceed fifty-Each first-aid box shall contain the following equipment:-(i) 6 shall sterilized dressings.(ii) 3 medium size sterilized dressings.(iii) 3 large size sterilized dressings.(iv) 3 large size sterilized burn dressings.(v) 1 (30 ml.) bottle containing a two per cent, alcoholic solution of iodine.(vi) 1(30 ml.) bottle containing solvolatile having the does and mode of administration indicated on the label.(vii) 1 snake-bite lancet.(viii) 1 (30 gms.) bottle of potassium permanganate crystals.(ix) 1 pair scissors.(x) 1 copy of the first-aid leaflet issued by the Director General, Factory Advice Service sand Labour Institutes, Government of India.(xi) A bottle containing 100 tablets (each of 5 grins) of aspirin.(xii) Ointment for burns.(xiii) A bottle of suitable surgical anti-septic solution.B. For establishments in which the numbers of contract labour exceed fifty-Each first-aid box shall contain the following equipment:-(i) 12 small sterilized dressing.(ii) 6 medium size sterilized dressing.



(iii) 6 large size sterilized dressing.(iv) 6 large size sterilized burns dressing.(v) 6 (15 gms) packets sterilized cotton wool.(vi) 1 (60 ml.) bottle containing two percent alcoholic solution iodine.(vii) 1(60 ml.) bottle containing solvolatile having the does and mode of administration indicated on the label.(viii) 1 roll of adhesive plaster.(ix) A snakebite lancet.(x) 1 (30 grms.) bottle of potassium permanganate crystals.(xi) 1 pair scissors.(xii) 1 copy of the first-aid leaflet issued bys the Director General Factory Advice

Service and Labour Institutes, Government of India.(xiii) A bottle containing 100 tablets (each of 5 grains.) of aspirin.(xiv) Ointment for burns.(xv) A bottle of a suitable surgical anti-septic solution.(2) Adequate arrangement shall be made for immediate recoupment of the equipment when necessary.60. Nothing except the prescribed contents shall be kept in the First-Aid Box.61. The First-Aid Box shall be kept in charge of a responsible person who shall always be readily available during the working hours of the establishment.62. A person in charge of the First-Aid Box shall be a person trained in First-Aid treatment, in establishments where the number of contract labour employed is 150 or more.

CHAPTER VIWAGES

63. The contractor shall fix wage periods in respect of which wages shall be payable.64. No wage period shall exceed one month.65. The wages of every person employed as contract labour in an establishment or by a contractor where less than one thousand such persons are employed shall be paid before the expiry of the seventh day and in other cases before the expiry of tenth day after the last day of the wage period in respect of which the wages are payable.66. Where the employment of any worker is terminated by or on behalf of the contractor the wages earned by him shall be paid before the expiry of the second working day from the day on which his employment is terminated.67. All payments of wages shall be made on a working day at the work premises and during the working time and on a date notified in advance and in case the work is completed before the expiry of the wage period, final payment shall be made within 48 hours of the last working day.68. Wages due to every worker shall be paid to him direct or to other person authorized by him in this behalf.69. All wages shall be paid in current coin or currency or in both.70. Wages shall be paid without any deductions of any kind except those specified by the Central Government by general or special order in this behalf or permissible under the Payment of Wages Act, 1936 (4 of 1936).



71. A notice showing the wage period and the place and time of disbursement of wages shall be displayed at the place of work and a copy sent by the contractor to the Principal Employer under acknowledgement.72. The principal employer shall ensure the presence of his authorized representative at the place and time of disbursement of wages by the contractor to workmen and it shall be the duty of the contractor to ensure the disbursement of wages in the presence of such authorized representative73. The authorized representative of the principal employer shall record under his signature a certificate at the end of the entries in the Register of Wages or the Register of Wages-cum-Muster Roll, as the case may be, in the following form:

“Certified that the amount shown in column No…. has been paid to the workman concerned in my presence on…….at……”

CHAPTER VIIREGISTERS FAND RECORDS AND COLLECTION OF STATISTICS

74. Register of contractors.-Every principal employer shall maintain in respect of each registered establishment a register of contractor in Form XII.75. Register of persons employed.-Every contractor shall maintain in respect of each registered establishment where he employs contract labour a register in Form XIII.76 Employment Card.-(i) Every contractor shall issue an employment card in Form XIV to each worker within three days of the employment of the worker.(ii) The card shall be maintained up to date and any change in the particulars shall be entered therein.77. Service Certificate:- On termination of employment for any reason whatsoever the contractor shall issue to the workman whose services have been terminated a Service Certificate in Form XV.78.Master Roll, Wages Registers, Deduction Register and Overtime Register.- (1)(a) Every Contractor shall in respect of each work on which he engages contractor labour,-

(i) Maintain a Muster Roll and a Register of Wages in FormXVI and Form XVII respectively:

Provided that a combined Register of Wages-cum-Muster Roll in Form XVIII shall be maintained by the contractor where the wage period is a fortnight or less;

(ii) Maintain a Register of Deductions for damage or loss, Register of Fines and Register of Advances in Form XX, Form XXI and Form XXII respectively;

(iii) Maintain a Register of Overtime in Form XXIII recording therein the number of hours of, and wages paid for, overtime work, if any;

(b) Every contractor shall, where the wage period is one week or more, issue wage slips in Form XIX, to the workmen at least a day prior to the disbursement of wages;

(c) Every contractor shall obtain the signature or thumb-impression of the worker concerned against the entries relating to him on the Register of wages or Muster Roll-cum–Wages Register as the case maybe, and the entries shall be authenticated by the initials of the contractor or his authorized representatives and shall also be duly



certified by the authorized representative of the principal employer in the manner provided in rule 73.

(d) In respect of establishments which are governed by the Payment of Wages Act, 1936 (4 of 1936) and the rules made there under, or the Minimum Wages Act, 1948 (11 of 1948) or the rules made there under, the following registers and records required to be maintained by a contractor as employer under those Acts and the rules made there under shall be deemed to be registered and records to be maintained by the contractor under these rules, namely:;-

(a) Muster Roll;(b) Register of Wages;(c) Register of Deductions;(d) Register of Overtime;(e) Register of Fines;(f) Register of Advances;(g) Wage slip.

(2) Notwithstanding anything contained in these rules, where a combined or alternative form is sought to be used by the contractor to avoid duplication of work for compliance with the provisions of any other Act or the rules framed there under or any other laws ors regulations or in cases where mechanized pay rolls are introduced for better administration, alternative suitable form or forms in lieu of any of the forms prescribed under these rules, may be used with the previous approval of the Regional Labour Commissioner (Central).79. Every contractor shall display an abstract of the Act and rules in English and Hindi and in the language spoken by the majority of workers in such form as may be approved by the Chief Labour Commissioner (Central).80. (1) All registers and other records, required to be maintained under the Act and rules, shall be maintained complete and uptodate, and, unless otherwise provided for, shall be kept at an office or the nearest convenient building within the precincts of the workplace or at a place within a radius of three kilometers.(2) Such register shall be maintained legibly in English and Hindi or in the languages understood by the majority of the persons employed in the establishments.(3) All the registers and other records shall be preserved in original for a period of three

calendar years from the date of last entry therein.

(4) All the registers, records and notices maintained under the Act or rules shall be produced on demand before the Inspector or any other authority under the Act or any person authorized in that behalf by the Central Government

(5) Where no deduction or fine has been imposed or no overtime has been worked during any wage period, a ‘nil’ entry shall be made across the body of the register at the end of the wage period indicating also in precise terms the wage period to which the ‘nil’ entry relates, in the respective registers maintained in Forms XX, XXI and XXIII respectively

81. (1) (i) Notices showing the rates of wages, hours of work, wage periods, dates of payment of wages, names and addresses of the Inspector having jurisdiction and date of



payment of unpaid wages shall be displayed in English and in Hindi and in the local language understood by the majority of the workers in conspicuous places at the establishment and the work-site by the principal employer or the contractors as the case may be.(ii) The notice shall be correctly maintained in a clean and legible condition.(2) A copy of the notice shall be sent to the Inspector and whenever any changes occur the same shall be communicated to him forthwith.(3) Every principal employer shall, within fifteen days of the commencement or completion of each contract work under each contractor, submit a return to the Inspector, appointed under Section 28 of the Act, intimating the actual dates. Of the commencement or, as the case may be, completion of such contract work, in Form VI B.82(1) every contractor shall send half yearly returns in Form, XXIV (in duplicate) so as to reach the Licensing Officer concerned not later than 30 days from the close of the half year.Note- Half year for the purpose of this rule means “a period of 6 months commencing from Ist January and Ist July of every year.”(2) Every principal employer of a registered establishment shall send annually a return in Form XXV (in duplicate) so as to reach the Registering Officer concerned not later than the 15th February following the end of the year to which it relates.(3) The returns to be submitted under this rule by contractor/or principal employer shall be correct complete and uptodate in all respects.83. (1) The Board, Committee, Chief Labour Commissioner (Central) or the Inspector or any other authority under the Act shall have powers to call for any information or statistics in relation to contract labour from any contractor or principal employer at any time by an order in writing.(2) Any person called upon to furnish the information under sub-rule (1) shall be legal bound to do so.


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