The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
Parliament enacted the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, Act No. 27 of 1996, dated 19 August 1996, to regulate construction workers' employment and conditions of service and provide for their safety, health and welfare. It extends throughout India, is deemed to have come into force on 1 March 1996, and generally applies to establishments that employ, or employed during any day in the preceding twelve months, ten or more building workers.
What the Act governs
The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 covers construction, alteration, repair, maintenance and demolition connected with buildings and a wide range of infrastructure. Listed examples include roads, railways, irrigation works, power systems, water works, dams, canals, bridges, pipelines, towers and communication installations.
Work covered by the Factories Act, 1948 or the Mines Act, 1952 is excluded from the definition of building or other construction work.
Who is affected
The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 applies to an establishment that employs, or employed on any day during the preceding twelve months, ten or more building workers. Workers employed in different relays during a day, whether by the employer or a contractor, are counted when determining the total.
An establishment may belong to the Government, a company, firm, individual, association, contractor or another body. An individual employing workers for construction connected with the individual's own residence is excluded where the total construction cost is not more than ten lakh rupees.
The definition of employer can include:
- The owner of the establishment.
- The specified authority or department head for direct government construction.
- The chief executive officer for direct work by a local authority or other establishment.
- The contractor where work is carried out through a contractor or workers supplied by one.
Main requirements and protections
The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 establishes a framework covering:
- Registration of establishments, revocation of registration and appeals.
- Registration of eligible building workers as welfare fund beneficiaries, identity cards, contributions and beneficiary records.
- State Building and Other Construction Workers' Welfare Boards and welfare funds.
- Working hours, overtime wages and employment records.
- Drinking water, toilets, accommodation, creches, first aid and canteens.
- Safety committees, safety officers, accident notices and government safety rules.
- Inspectors and inspection powers.
- Employer responsibility, payment of wages and compensation, and notice before construction work begins.
- Penalties, appeals, recovery, company offences and prosecution procedures.
The Act also requires Central and State advisory committees. These committees advise the respective governments on administration of the legislation, with representation for employers, building workers and relevant professional or institutional interests.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does the Act apply to a construction site with fewer than ten workers?
The Act generally applies only where an establishment employs, or employed on any day in the preceding twelve months, ten or more building workers. Workers employed in different relays by the employer or contractor are included in the count.
Does building my own house make me an establishment under the Act?
An individual employing workers for construction connected with the individual's own residence is excluded from the definition of establishment if the total construction cost is not more than ten lakh rupees.
Can a contractor be treated as the employer?
Yes. For construction carried out through a contractor, or using building workers supplied by a contractor, the contractor is included within the definition of employer.
What worker welfare facilities does the Act cover?
The Act's listed provisions cover drinking water, toilets, accommodation, creches, first aid and canteens. It also provides for welfare boards, welfare funds, beneficiary registration and identity cards.
