6 “The Building and Oxter Construction Workers’ (Regulation of Employment ‘and Conditions of Service) Central Rules, 1998 THE BUELDING AND OTHER CONSTRUCTION WORKERS’ (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) CENTRAL RULES, 1998 In exercise ofthe powers conferred under sections 62 and 40 of the Building {and Other Construction Workers’ (Regulation of Employment and Conditions of Sorvies) Act. 1996 (27 of 1966), the Central Government makes the folowing ‘ules, namely-— PARTI PRELIMINARY CHAPTER! 1. Short title, application and commencement:- (1) These rules may be called ‘the Building and Other Construction Workers’ (Reguiation of Employment and Conditions of Service) Central Rules, 1998, {2) They shall apply tothe building or other construction work relating to any estabishment in relation to which appropriate Government is: the ‘Central Government under tis Act (3) They shail come into force on the date of their publication in the Official Gazette 2, Definitions: In these rules, unless the context otherwise requires— (®) ‘Act’ means the Building and Other Construction Workers’ ‘Regulation of Employment and Conditions of Service) Act, 1988 (27 of 1208); (b) “access” or “egress” means passageways, corridors, stairs, Platforms, ladders and any other means to be used by a bulding \worker for normally entering or leaving the workplace or for escaping in case of danger, (©) "approved" means approved in writing by the Director General or the Central Government as the case may be; (8) “bese plate” means.apiate for cistibuting the load from a standard in the case of metal scaffolds; (@) "bay" in relation te scaffolds, means that portion of the scaffold between horizontal or vertical supports whether. standards. or ‘supports from whicn the portion is suspended, which are adjacent longitudinally, 1 Vide Notication No, ©.8. 6990), dated 19-11-1998 Puli in the Casete of tnd, Extra Mt See 3) dated 19-11-1988 fret 19-11-1998)“The Building and Other Construction Workers (Regulation of Employment and 29 Conditions of Serves) Central Rules, 1998 () , “brads ieans & member Incorporated diagonally in a scaffold for stability; (@) “bukheed” means an airtight structure separating the working chamber from free air of from another chamber under @ lower pressure than the working preeeure: (®) “caisson means en air and watertight chamber in which itis possible for men to work under air pressure greater than atmospheric pressure at sea level fo excavate material below water level: (0 “cofferdam" means @ structure constructed entirely or in part below water level or belew the level of the water table in the ground and Intended to provide a place for work tha is free of water, @ “competent person’. means @ person so approved by the Central Government, who belongs to a testing establishment in India, possessing adequate qualifeation, experience and skil for the purposes of testing, examinetion or annealing and certification of liting appliances, lifting gears, wire ropes or pressure plant or equipment; () “compressed air’ means air mechanically raised to a pressure higher than atmospheric pressure at sea level, (0) ‘construction site” means any site at which any of the processes or ‘operations, related to a building or other construction work, are carried (m) “conveyor” means @ mechanical device used in bulging or other construction work ‘or anspor: of building material, articles, or packages oF solid buk from one point to another point; {(n) “danger” means danger of accident o of injury or to health; {0} "decanting" means the rapid decompression of persons in @ mandock to atmospheric pressure ot sea level followed promptly by theic recompression ina decant lock, where they are then decompressed ‘according to the appropriate decompression table in accordance with ‘approved decompression procedures; “demotion work" means the work incidental o or connected with the total or partial iemanting or razing of a building or a structure other than 2 building and includes the removing or cismanting of machines ‘or other equipment; (@ “excavation” means the removal of earth, rock or other material in connection with construction or demolition work; () “*falseworks’ meen the structural supports and bracing for frameworks or forms; {) “flashpoint” means the minimum iqud temperature at which @ spark or flame causes an instantaneous flash in the vapour space above the liquid ©)2» ‘The Building and Other Construction Workers’ (Regulation of Employment ‘and Conditions of Service) Central Rules, 1998 () “Yrame of modular scaffold” mesns a scaffold manufactured in such a way that the geometry of the scaffold Is predetermined and the relative spacings of the principal are fixed; (&) “guardrait means a horizontal rail secured to uprights and erected ‘along the exposed sides of scaffolds, floor openings, runways and ‘gangways to prevent persons trom a faling, () “hazard” means danger or potential danger, (w) “hazardous substance” means any substance which due to its explosiveness, intammabilty, radioactiily, toxic or corrosive properties, or other similar characteristics, may— cause injury, or (i) affect adversely the human system; or (ii) cause toss of the ile or damage to property on work: fenvironment, while handling, transporting or storing and Classified as such under the national standardé or in case such Rational standards do not exist to the generally accepted international standards; (9) “high pressure air’ means air used to supply power to pneumatic tools ‘and devices; (Y) “independent fed scaffold” means a scattold, the working platform of ‘which is supported from the base by two or more rows of standards ‘and which apart from the necessary ties stands completely free of the building; (@) “ledger means a member spanning horizontally and tying scaffolding ‘ongitudinally and which acts as a support for putlogs or transom; (a) “liting appliance” means a crane, hoist derrick, winch, gin pole, sheer legs, jack, pulley block or other equipment used for iting ‘materials, objects or, bulding worker; (2b) “liting gear” means ropes, chains, hooks, slings and other accessories of ating appliance’, (Gc) “lock attendant’ means the person in charge of a mandock or ‘medical lock and who is immediately responsible for controling the ‘compression, recompression or decompression of persons in such locks; (20) “iow pressure ar” means air supplied to pressurise working ‘chambers and ma-locks and medical locks; (22) "magazine" means a place i which explosives are stored or kept, whether above or below ground; (2) “man-lock” means any lock, other than @ medical lock used for the Compression or decompression of persons entering or leaving a working chamber,“The Building and Other Constrcion Workers’ (Regulation of Employment and 31 Conditions of Service) Cental Rules, 1998 | (29) “malriathoist” means a power or manually operated and suspended 1 platfofm or bucket operating in guide rails and used for raising or | lowering material exclusively and operated and controled trom @ point outside the conveyance: (eh) Smaterinis look” means a chamber through which materlale and equipments pass fom one ar pressure environment to another, | (2i) “medical lock" means a double compartment lock used for the {Herapeutc recompression and decompression of persons suffering ‘rom the ikefects of decompression: (@i) “national standards" means standards as approved by Bureau of Indian Standards end in the absence of such standards of Bureau of Indion Standards, the standards approved by the Central j Government fora spect purpose; (2k) “outrigger” means @ structure projecting beyond the fagade of building withthe imer end being anchored and includes @ cantlever or other support (2) “Plant or equipment” includes any plant, equipment, ger, machinery, j apparalus or applanca or any part there, (2m) “pressure’ means ar pressure in bars above atmospheric pressure; i (@n) “pressure plant” means the pressure vessel along with its piping and ater fitings operated at a pressure greater than the etmospheric pressure, (20) “putlog’ means a horizontal member on which the board, plank or decking of a working platform ar ii (2p) “tesponsble person’ means a person appointed by the employer to | be responsibe for the performance of specific duly or duties end who | has knowiedge ard experience and the requiste authority for the proper performance of such duty or duties; (2a) “reves! tie” means the assembly of a tie tube and a fittings used for I tightening a tube between two opposite surfaces; (21) “Tight angle coupler” means a coupler, other than a swivel or putlog coupler, used for connecting tubes at right angles, (28) “tock bol” means a mechanical expansion bot or @ bolt used with cementitious or resin anchoring system whichis set in drilled hole in the arch or wal ofa tune! to improve rock competency, (2!) “roofing bracket’ means-a bracket used in sloped roct constructon | and having sharp points or other means for fastening to prevent sippage; (2) “safety screen" means an air and water tight diaphragm placed ‘cross the Upper part of @ compressed air tunnel between the face {and bulkhead, in err to prevent flooding the crown ofthe tunnel between the safety screen and the bukhead to provide a safe means \ cfrafuge and ext om a Nooding of food tunnelew) ow) 9 o 2) (eb) (ze) (ed) (ze) “The Building and Other Construction Workers’ (Regulation of Employment ‘and Conditions of Service) Central Rules, 1998, “safe working load’, in relation to an article of liting gear or fing ‘appliance, means the load which is the maximum load that may be imposed on such article or appliance with safety in the normal Working conditions as accessed and cerified by a competent person; “scaffold” means any temporary provided structure on of from which building workers perform work in connection with building or other construction work to which these rules epply, and any temporarily provided structure which enables building workers to obtain access {o oF which enables materials to be taken to any place at which such Work is performed, and includes any working platform, gangway, run, ladder or step-iatder (other than a ladder or step-iadder which does not form part of fuch structure) together with any guardrail, toe board for other safeguards and all fixings, but does not include iting ‘ppliance or a liting machine or a structure used merely to support ‘such an appliance or such a machine or to support other plant oF ‘equipment; “Schedule” mears a schedule appended to these rules; “segment” includes @ cast iron or precast concrete segmented structure formed to the curvature of the tunnel cross-section end Used to support the ground surrounding the tunnel; ‘service shaft’ means @ shaft for the passage of building workers or materials 10 or fom a tunnel under construction; “shaft” means an excavation having a longitudinal axis at an angie ‘greater than forty-five degree from the horizontal— (0) for the passage of building workers or materials to or from a tunnel oF (i) leading to an existing tunne! “shield” means a moveable fedme which supports the working face of ‘a tunnel and the ground Immediately behind it and includes ‘equipment designed to excavate and support the excavated areas in tunnel, “sole plate" means 2 member used to distribute the load from the base plate or the standard of wooden scaffolds to the supporting surface; “sound or good construction” means construction conforming tot relevant national standards or in case such national standards do not exist, to other generally accepted international engineering standards or code of practices; “sound or good material” means materials of @ quality conforming to the relevant national standards or in case such national standards do rot exist, to other generally accepted international engineering standards or code of practices,“Tee Badin and Ober Consution Work” Gegultion of Brplorment 3 tnd Conan of Servis) Cental Rules, 1998 (aaf) “standard” means a mrember used as a vertical support or column in the cotfstruction of scaffolds which transmits a load to the ground or to the’solid construction; (22g) “standard safe operating practices” means the practice’ followed in building and other construction activities for the safety and health lof workers and safe operation of machineries and equipment used in such activities and such practices conforms to all or any of the following, namely:- (relevant standards approved by Bureau of Indian Standards; i) national building code: (iii) manufacturer's instructions on safe use of equipment and ‘machinery; Gv) code of practice on safety and health in construction industry ublished by International Labour Organisation and amended from time to time; (aah) “steel rib” includes all steel beams and other structural member shaped to conform to the requirements of a particular tunnel cross section, used for the purpose of supporting and stabilising the excavated areas; (eri) “suspended scaffole” means a scaffold suspended by means of ropes or chains and capable of being raised or lowered but does not include a boatswain's chair or similar appliance; (22j) “testing establishment” means an establishment with testing and examination facilities, as approved by the Central Government for carrying out testing, examination, annealing or similar other test or ‘certification of lifting appliances or lifting gear or wire rope as roquired under these rules; (22k) “tie” means an assembly used to connect a scaffold to @ rigid anchorages (221) “toe board” means a member fastened above a working platform, access landing, access way, wheel barrow run, ramp or other platform to prevent building workers and materials tailing therefrom; (2am)‘transom” means a member placed horizontally and used to tie transversely one ledger to another, or one standard to another in an independent tie scaffold; (eam) “trestle scaffold” includes a scaffold in which the supports for the platform are any of the following which are self-supporting, namely: (@ split heads; Gi) folding ii) step-ladder; | i |4 “Te Hung and Otter Construction Washes! (Rezusin of Biplayment ‘nd Conions of Sevce) Cental Ras, 198 Gy) tripods; or (¥) movable contrivances similar to any of the foregoing; (220) “tubular’ scaffold” means a scaffold constructed from tubes and couplers; (ap) “tunnel” means a subterranean passage made by excavating beneath ‘he over burden inte which a building worker enters or is required to enter to work; (2zq) “underground” means any space within the confines of a shaft, tunnel, caisson or eafferdam; (zzt) “vehicle” means a vehicle propelled or driven by mechanical or electrical power and includes a trailer, traction engine, tractor, road-building machine and transport equipment; (2s) “working chamber” means the pan of the coustruction site where + Work in compressed air environment is carried out, but does not include a man-lock er medical lock; (z2t) “working platform” means a platform which is used to support building workers or materials and includes a working stage; (zzu) “working pressure” means pressure, in a working chamber, to which building worker is exposed; (zzv) “workplace” means zl places where building workers are required to be present or to go for work and which are under the control of an employer. 3. Interpretation of words not defined.—Words and expressions not defined in these rules but defined or used in the Act shall have the same ‘meaning as assigned to them in the Act, 4. Savings.—The provisions of these rules shall be in addition to and not in substitution for or in diminution of the requizements imposed by the Act, CHAPTER IL RESPONSIBILITIES AND DUTIES OF EMPLOYERS, ARCHITECTS, PROJECT ENGINEERS AND DESIGNERS, BUILDING WORKERS, ETC. 5. Duties and responsibilities of employers, employees and others.—(1) It shall be the duty of every employer who is undertaking any of the operations or works related to of incidental to building or other onstruction work to Which these rules apply— (@) to comply with such of the requirements of these rules as are related to him: Provided that the requirements of this clause shall not affect any building worker and so long as his presence in any place of work is not in the course of performing any wark on behalf of his employer fand he is not expressly or impliedly authorised! or permitted by hie ‘employer to do the work; and“Te Building and Otor Contraction Works” (Regulton of ployment 3s The Condition’ of Service) Cel Rule, 1998 (b) to comply with such of the requirements of these rules as are related to him in-telation to any work, act or operation performed or about to be perforined by him. (2) It shall be the duty of every employer who erects or alters any scaffold to comply with such of the requirements of the provisions of these rules as Telate to the ereetion or alteration of scaffolds having regard to the purpose fr purposes for which the scaffold designed at the time of erection or ‘iteration; and such employer, who erects, installs, works or uses any plant or equipment to which any of the provisions of these rules apply, shall erect, install, work of use such plant or equipment ina manner which complied with those provisions. (3) Where a contractor, who is undertaking any of the operations or works to which these rules apply, appoints any artisan, tradesman or other person to perform any work or services under a contract for services, it shall be the duty of the contractor to comply with such of the requirements of these rules fs affect that artisan, tradesman or other person and for this purpose of any reference in.these rules to an employee shall include a reference to such frtisan, tradesman or other petson and the contractor shall be deemed to be his employer. (4) Tt shall be the duty of every employee to comply with the requirements of such of these rules as are related t0 the performance of or the refraining from an act by him and to co-operate in carrying out these rules. (5) It shall be the duty of every employer not to permit an employee to do anything not in accordance with the generally accepted principles of standard safe operating practices connected with building and other ‘construction work as specified by the Central Government, (6) No employee shall do anything which is not in accordance with the ssenerally accepted principles of standard safe operating practices connected with building and other construction work as specified by the Central Government. (7) No person related with any building and other construction work shall wilfully do any act which may cause injury to himself or to others, (8) It shall be the duty of every employer not to allow lifting appliance, lifting gear, lifting device, transport equipment, vehicles or any other device for equipment to be used by the building workers which does not comply ‘with the provisions given jn these rules. (9) It shall be the duty of the employer to maintain the latrines, urinals, washing facilities and canteon in a clean and hygienic condition, The canteen shall be located in a place away from the latrines and urinals and polluted atmosphere and at the’ same time be easily accessible: to the building workers.36 ‘Te Bt ate Coan Wee epi of gore (20) It shall be the duty of the employer to abide by the dates fixed and notified by hil fot payment of wages for a period in accordance with these rules and no chinge in suck dates and such period shall be effected without notice to the building workers and the Inspector. The employer shall ensure timely payment of wages as specified under these rules and at the place and ‘ime notified by him. Where the employer is a contractor, he shall ensure that the wages of building workers are paid in the presence of a representative of the employer of establishment or owner of premises from whom he has taken the work on contract and obtain signatures of such representative in token of having witnessed the payment of wages. (11) Tt shall be the duyy of the employer to ensure that the lifting appliance, lifting gear, earth moving equipment, transport equipment or vehicles used in the building or other construction work undertaken by him conforms to the requirements relating to testing, nomination and inspection ‘of such equipment as provided under these rules. It shall be the duty of every person in the service of the government or any local or other public authority ta comply with the requirements relating to him as given in these rales. 6. Responsibilities of architects, project engineers and designers. —(1) It shall be the duty of the architect, project engineer or designer responsible for the design: of any project or part thereof or any building or other construction work to ensure that, at the planning stage, due consideration is given to the safety and health aspects of the building workers who are employed in the erection, operation and execution of such projects and structures as the case may be. (2) Adequate care shall be taken by the architect, project engineer and other professionals involved in the project, not to include anything in the design which would involve the use of dangerous structures or other Processes or materials, hazardous to health or safety of building workers ‘during the course of erection, operation and execution as the case may be. (3) Ie shall also be the duty of the professionals, involved in designing the buildings structures or other construction projects, to take into account the safety aspects associated with the maintenance and upkeep of the structures ‘and buildings where maintenance and upkeep may involve special hazards. 7. Responsibilities of the persons in the service of the State Government and the Board—It shall be the duty of every person in the service of the Government of any State or a Board'to comply with the directions given by the Certral Governmént from time to time to carrying {nto execution in that State the provisions of the Act and these rules. 8, Duties and responsibilities of workers.—(1) It shall be the duty of every building worker to comply with the requirements of such of these rules as relate to him, and act and co-operate in carrying out the requirements of these rules and if he discovers any defects in the lifting appliance, lifting gear, lifting device, concerning any transport equipment or“The Baiting and Oier Contation Worker” (Repultion of ployment 7 ‘hd Condon of Service) Cel Ries, 198 ‘other equipment, to report such defects without unreasonable delay to his, ‘employer or foreraanyor other person in authority (2) No building worker, shall unless duly authorised or except in case of, necessary remove or interfere with any fencing, gangway, gear, ladder, hatch covering, life-saving appliances, lighting ot other things whatsoever required by the Act and these rules to be provided. If any of the aforesaid things is removed, such thing shall be restored at the end of the period during which its removal was necessary, by the persons engaged in that work. (3) Every building worker, shall use only means of access provided accordance with these rules and no person shall authotise or order another to use means of access other than such means of access. (4) It shall be the duty of a building worker to keep the latrines, urinals, ‘washing points, canteen and other facilities provided by the employer for securing his welfare in a clear and hygienic condition . Exemption —The Central Government may, by order in writing and subject to such conditions and for such period, as may be specified therein, exempt from all or any of the requirements of these rules to— (a) any building or other construction work, if such Government is satisfied that such building work is confined to such workers, where it is not convenient to take measures as provided in these rules; or (b) any appliance, gear, equipment, vehicle or other device if such ‘Government is satisfied that the requirement of such appliance, gear, equipment, vehicle or other device is not necessary for use or equally effective measures are taken in lieu thereof: Provided that such Government shall not grant exemption under this rule unless it is satisfied that such exemption would not adversely affect. the safety, health and wealth of the building workers. PART IL CENTRAL ADVISORY COMMITTEE, REGISTRATION OF ESTABLISHMENTS CHAPTER IIL CENTRAL ADVISORY COMMITTEE 10. Constitution of Central Advisory Committee—The Central Building and other Construction Workers’ Advisory Committee (hereinafter referred to as 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 fone shall be elected by the Council of States. —Members; (©) Director General —Member ex officio:28 fon which his app of the said period of three years, such member shall, notwithstanding the @ © © ® wy “The Building and OterContacon Works’ (Regus of Employment ‘hc Condiions of Scie) Cee! Ras, 1998 Director General, Labour Welfare, stry of Labour, New Delhi Member; Director General, Féctory Advice Services and Labour Instituted; Mumbai —Member; four persons out of whom at least fone shall be & woman to be nominated by the Cential Government representing the building workers —Members; four persons to be nominated by the Central Government for representing the employers connected with the building and other construction work two persons to be nominated by the Central Government representing one from the national level association of architects or engineers and one from ‘an accident insurance institution. —Members. AL Terms of Office—1) The Chairperson of the Central Advisory Committee shall hold officeas such for a period of three years from the date iment is notified in the Official Gazette. (2) Each member referred to in clause (b) of rule 10 shall hold the office for three years or till he remains a member of the House of People or Council of States, as the case may be, whichever is earlier. (3) The members referred to in clause (c), clause (d) and clause (¢) of rile 10, shall hold office as such during the period as the Central Government may specify, (4) Each of the members referred to in clause (9, clause (g) and clause (h) of rule 10 shall hold office as such for a period of three years ‘commencing from the date on which his appointment is notified in the Official Gazette: Provided that where the appointment of the successor of any such ‘member has not been notified in the Official Gazette on or before the expiry expiry of the period of his office, continue to hold such office until the appointment of his successor is notified in the Off Gazette, (5) If a member is unable to attend a meeting of the Committee, the Central Government may, sfter notice in writing to such member and the Chairperson of the Central Advisory Committee, nominate a substitute of such member to attend the meeting and such a substitute member shall have all the rights and privileges of such member in respect of that meeting. (© The Central Advisory Committee shall be reconstituted after every three years.“The Budng and Otter Contcton Whar (Regustion of ployment 29 td Coditens of Servi) Cena Rees, 1958 12, Resignations—(1) A member of the Central Advisory Committee, not being an exofficio member, may resign his office by a letter in writing. addressed to the Central Government through its Secretary in the Ministry dealing with Labour, with prior information to the Chairperson of such ‘Committee. (2) The scat of such a member ehall fall vacant from the date on which his resignation is accepted by the Central Government, of on the expiry of thirty days from the date of receipt of the letter of resignation by that Government whichever is eaclier. 13, Cessation of membership.—If any member of the Central Advisory Committee, not being an ex-officio member, fails to attend three consecutive meetings of such Committee, without obtaining the leave of the Chairperson ‘of such Committee for such absence, he shall cease to be a member of such Committee: Provided that the Central Government may, if it is satisfied that such ‘member was prevented by sufficient cause from attending three consecutive meetings, direct that such cessation shall not take place and on such direction being made, such member shall continue to be a member of such Committee. 14, Disqualification for membership.—(1) A person shall be disqualified for being a member of the Central Advisory Committee— (@ _ ithe is of unsound mind and stands so declared by a competent courts Gi) if he is an undischarged insolvent; or ii) if he has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude. (2) Where a question arises as to whether a disqualification has been incurred under sub-rule (1), the Central Government shall decide such question. 15. Removal from membership.—The Central Government may remove from office any member of the Central Advisory Committee, if in its opinion such member has ceased to represent the interest which he purports to represent on such Committee: Provided that no such member shall be removed unless a reasonable ‘opportunity is given to him of making a representation against the proposed. action under this rule. 16, Manner of filling vacancies.—When a vacancy occurs or is likely to ‘occur in the membership of the Central Advisory Committee, the Chairperson of such Committee shall submit a report to the Central Goverment and on receigt 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40 The Bldg snd Ode Contrion Wot” (Rosato of Enplomet nd Condos of Sere) Canal Ran 198 the person so appointed shall hold office for the remainder of the term of office of the member in whose place he is appointed 17. Statt of Central Advisory Committee—(1) (i) The Central Government may appoint one of its officers not below the rank of Deputy Secretary to that Government as Secretary to the Central Advisory Committee and appoint such other staff being’ inthe rervice of thet Government, as it may think necessary, to enable such Committee to carry ut its funetions. Gi) The remuneration payable to such staff shall be-such as may be decided by the Central Goveroment from time to time (@) The Secretary of the Central Advisory Committee — shall assist the Chairperson of such Commitee in convening meetings of the Committee; (Gi) may attend the meetings of such Committee but shall not be entitled to vote at such meetings: Gii) shall keep a record of the minutes of the meetings of such Committee; and (iv) shall take necessery measures to carry out the decisions taken A the meetings of such Commitee. 18, Allowances of members.—(1) The travelling allowance of an official member of the Central Advisory Committee shall be governed by the rules applicable to him for journey performed by him on offical duties and shall be paid by the authority paying his salary 2) The non-official members of the Central Advisory Committee shall be Paid travelling allowance for attending the meeting of such Committee at Such rates as sre admissible 12 an officer of the rank of Director of the Central Government and daily allowances shall be calculated at the ‘maximum rate admissible to such Director. 19. Disposal of business.—(1) Every matter which the Central Advisory Committee is required to take into consideration shall be considered at & Imecting of that Committee, or if the Chairperson of such Committee £0 directs, by sending the necessary papers to every member for opinion, and the mater shall be disposed of in accordance with the decision of the majority: Provided that where there is no opinion of majority on matter and the members of such Commitee ace equally divided the Chaitperson of such Committee shall have a second or a casting vote. Explanation.- Tae expression “Chaisperson of the Central Advisory Commitee" for the purpose of this rule shall include the Chairperson of such Committee nominated or chosen under sub-rule (2) of rule 20 to Preside over a meeting‘Te Building sod ee Cortracon Workers (Reglaio of Brplyment “ ed Condition of Servis) Cetra Rules 1988 (2) No act o proceedings of the Central Advisory Committee shall be invalid merely fersreasons of aay vacancy in or any defect in constitution of the Committee. 20, Meetings.—(1) The Central Advisory Committee shall meet at such places and at such times as may be’ decided by the Chairperson of such Committee and it chall meet a! least once in six months. {2) The Chairperson of such Committee shall preside over every meeting of the Committee in which he is present and in his absence he may nominate Sinember of the Committee te preside over such a meeting in his place and in the absence of such nomination by the Chairperson, the members of such venmittee present ih such mesting may choose from amongst themselves & member to preside over such 4 meeting. ‘21. Notice of meetings and list of business.—(1) Ordinarily, two weeks" notice shall be given to the members of the Central Advisory Committee of ‘a proposed meeting: Provided that the Chairperson of such Committee, if he is satistied that it is expedient to do s0, may give notice of longer period for such meeting Which shall not exceed one month. (2) No business except which is included in the list of business for a ‘meeting of such Committee shall be considered at such meeting without the permission of the Chairperson of the Committee. 22. Quorum.—No business. shall be transacted at any meeting of the Central Advisory Committee anless at least six members of such Committee fre present in that meeting which shall include at least one member of Parliament: Provided that if any meeting of such Committee less than six members are present, the Chairperson of such Committee may adjourn the meeting t© another dave informing members present and giving notice to the other embers that he proposes 10 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. CHAPTER IV REGISTRATION OF ESTABLISHMENTS 23. Manner of making application for registration of establishments-(1) The pplication referred to in sub-section (1) of section 7 of the Act shall be made in triplicate, in Form I annexed to these ules to registering, officer of the area appointed under section 6 of the Act {in which the building or other construction work is to be carried on by the establishment. (2) Every application referred to in sub-rule (1) shall be accompanied by a demand draft showing peyment of the fees for the registration of the establishment.a “The Blldeg and Ode Conaon Works (Rezaatin of Employnent ‘sed Condon of Service) Conta Rees, 1998 (3) Every application referred to in sub-rule (1) shall be either personally delivered tovthe registering offieer 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. 24. Grant of certificate of registratlon.—(1) The registering officer, after receiving application under sub-rule (1) of rule 23 shall register the establishment and issue a certificate of registration to the applicant within fifteen days of receipt of application if such applicant has complied with all the requirements as laid down in these rules and has made the application within such period as specified under clause (a) and clause (b) of sub-section (1) of section 7 of the Act. The certificate of registration to be atanted by the registering officer shall be in Form Il annexed to these rules, (2) The registering officer shall maintain a register in Form III annexed to these rules showing the particulars of establishments in relation to which certificates of registration have been issued by him. ) If in relation to an establishment, any change occurs in the ownership or management or other particulars specified in the certificate of registration, the employer of the establishment shall intimate the registering officer, within thirty days from the date when such change takes place, the date and particulars of suc change, and the reasons thereof. 25. Payment of additional fees and amendment of register ete-—(1) Where on receipt of the intimation under sub-rule (3) of rule 24, the registering officer is satisfied that an amount higher than the amount, which has been paid by the employer as fees for the registration of the establishment is payable, be shall require such employer to pay additional ‘sums which, together with the amount already paid by such employer, would. be equal to such higher amount of fees payable for the registration of the establishment. (2) Where, on receipt of the intimation referred to in sub-rule (3) of rule 24, the registering officer is satisfied that there has occurred a change in the Particulars of the establisiment, as entered in the register in Form IIT ‘annexed to these rules, he shall amend the said register and record therein the change which has occurred: Provided that the registeting officer shall not carry out any amendment in the register in Form III annexed to these rules unless the appropriate fees have been deposited by the employer. 26, Conditions of registration.—{1) Every certificate of registration issued under rule 24 shall be subject to the following conditions, namely: (@) the certifi (b) the number of workmen employed as building workers in an establishment shall not, on any day, exceed the maximum number specified in the certificate of registration; and te of registration shall be non-transferable;“The Bung and OterConsrction Worker” (Regulation of ployment 43 Sd Condon of Service) Cen Rates, 998 (©) save as provided in these rules, the fees paid for the grant of rEgjstation cerificate shall be non-refundable. (2) The ‘employer shall intimate the change, if any, in the number of workmen or the conditions of work to the registering officer within fifteen day. (3) The employer shall, before thirty days of the commencement and completion of any building or other construction work, submit a written notice to the Inspector, having jurisdiction in the area where the proposed building or other construction work is to be executed, intimating the actual date of the commencement or, as the case may be completion of such building or other construction work in Form IV annexed to these rules. (4) The certificate of registration of an establishment shall be valid only. for such building and other construction work carried out by such establishment for which intimation required under sub-rule (3) has been given. (6) A copy of the certificate of registration shall be displayed at the ‘conspicuous place at the premises where the building and other construction work is being carried on. ‘27. Fees.—{1) The fees to be paid for the grant of a certificate of ‘egistration under rule 24 shall be as specified below, namely: If the number of workers proposed to be employed as building workers, {for a building of other construction work, on one day— (@) is up to 100 Rs, 100.00 (b) exceeds 100 but does not exceed 500 Rs, 500.00 (©) exceeds 500 Rs, 1000.00 CHAPTER V APPEALS, COPIES OR ORDERS, PAYMENT OF FEES, ETC. 28. Filing of appeal before the appellate officer—(1) Every appeal under sub-section (1) of section 9 of the Act shall be preferred in the form ‘of a memorandum signed by the aggrieved person or his authorised advocate ‘and presented to the appellate officer in person or sent to him by registered post. (2) The memorandum shall be accompanied by a certified copy of the order appealed against and a demand draft for rupees one hundred, (3) The memorandum shall set forth concisely and under distinct heads the grounds of appeal. (4) Where the memorandum of appeal does not comply with the provisions of sub-rule (2) and sub-rule (3), it may be returned to the fppellant for the purpose of being amended within a time to be fixed by the appellate officer which shall not exceed thirty days from the date on which the order appealed against has been communinted to the appellant46 The mata and er Connection Wake (Resin of ployment ‘nd Coens of Seve) Can! 198 (3) Where the memorandum of appeal is in order, the appellate officer shall admit the appeal, endorse thereon the date of hearing of such appeal, and Shall registei, ie appeal in a book to be kept forthe purpose called the register of appeals (6) (i) When the appeal has been admitted, under sub-rle (5) the appellate officer shall send the notice ofthe appeal to the rezstering officer against whose order the appeal has been preferred and the registering officer shall thereupon send the record of the case to the appellate officer, (Gi) On receipt of the record, the appellate officer shall send a notice to {he appellant to appear before him at such date and time as may be specified in the notice for the hearing ofthe appeal. 29. Failure to appear on the date of hearing.—If on the date fixed for hearing, the appellant does not appear, the appellate officer may dismiss the appeal for default of appearazce ofthe appellant. 30, Restoration of appeals—Where an appeal has been dismissed under rule 29, the appellant may apply to the appellate officer for the restoration of the appeal and if the appellate officer is satisfied thatthe appellant was Prevented by sufficient canse from appearing, the appellate officer shall restore the appeal on its original number: Provided that an application for restoration under this rule shall not be entertained by the appellate officer after thity days from the date of such dismissal 31, Hearing of appeal—1) Ifthe appellant is present when the appeal is called on for the hearing, the appellate officer shall proceed to hear the appellant or his authorised advocate and pass an order on the appeal, either ‘confirming, reversing or varying the order appealed against (2) The order of the appellate officer shall state the points for determination, the decisions thereon and reasons for such decisions. G) The order shall be communicated to the appellant and copy thereof Shall be sent to the registering officer against whose order the appeal has been preferred. 32. Copy of order of registration or of order in appeal—Copy of the order of the registering officer or of the appellate officer may be obtained by the person concerned or a person authorised by him on payment of fees cof rupees fifty foreach order on making application tothe registering officer or the appellate officer, as the case may be, specifying the date and other Particulars of the ordec made by the officer concerned. A copy of the certificate, of registration on loss or mutilation of such cerificate may at s0 be obtained in the like manner and on payment of like fees. 33, Payment of fees.—(1) All amounts of money payable on account of registration, appeal, supply of copies or duplicate copies of certificate of registration shall be paid through a crossed demand draft in favour of the registering. officer and appellate officer, a0 ths case may bey au iade‘oe Dating an ier Cnson Worker Reeinton of Emloent 45 Si onion fev) Cena! a 98 payable atthe branch of the Bank specified by the Central Government from Fine to time Ad tHe headquarters of the concerned registering officer or appellate office? {@) The registering officer or the appellate officer as the ease may be, on receipt of the demand draft under sub-rule (1) shall arrange to deposi the Smnow In the appropriate account in the Banke specifiod by the Central Government from tine to time in the account of “Pay and Accounts Officer, Ministry of Labour, New Delhi under the relevant head of account PART IIL SAFETY AND HEALTH CHAPTER VI GENERAL PROVISIONS 34. Excessive noise, vibration, ete.—An employer shall ensure at a construction site of a building or other construction work that adequate feasures ae taken to protect building workers agaist the harmful effects ar excessive noise or vibration at such construction site and the noise level fn no case exceeds the limits laid down in Schedule VI annexed. to these miles. 135, Fire protection—Aa employer shall ensure ata construction site of 1 building or other construction work tht, (@) such construction seis provided with— {0 fire extinguishing equipment sulficient to extinguish any probable fire at such construction sites i) am adequate water supply at ample pressure as per national standards; Gai) number of trained persons required to operate the fire txtinguishing equipment provided under sub-clause i}; (b) fire extinguishing equipment provided under sub-clause (i) of ‘clause {@) is properly maintained and inspected at regular intervals of not fees than once in-a year by the responsible person and a record of, such inspections is maintained; (©) in case of every launch or boat of other craft used for transport of building workers and the cabin of every iting appliance including mobile crane: adequate number of portable fire extinguishing ‘quipment of suitable type shall be provided at each of such launch o boat or craft or ting appliance. 36. Emergency action plans—An employer shall ensure at a construction site ofa builcing or ather construction work that in case more thin five hundred building workers are employed at such construction site fmargoncy action plan t0 handle the emergencies ike— (@) fire and explosion, (b) collapse of lifting eppliances and transport equipment,46 © @ © © station Woes (Regulation of Bpoyment of Serice)Conral Role, 1998 collapse of building, sheds or structures ete, 108 leaflige%r spillage of dangerous goods or chemicals, drowning of building workers, sinking of vessels, and land slides getting building worker buried, floods, storms and other natural calamities. is prepared and submitted for the approval of the Director General 37. Fencing of motors, ete—An employer shall ensure at a construction site of @ &) © @ © 38, censure (a) ® building or other construction work that— all motors cogwheeis, chains and friction gearitg, flywheels, shafting, dangerous and moving parts of machinery (whether or not driven by mechanical power) and steam pipes are securely fenced or lagged; the fencing of dangerous parts of machinery is not removed while such machinery is in motion or in use; no part of any machinery which is in motion and which is not securely fencod is examined, lubricated, adjusted or repaired except by a person skilled for such examination, lubrication, adjustment or repairs; ‘machine parts are cleaned when such machine is stopped: when a machine is topped for servicing or repairs, adequate measures are taken to ensure that such machine does not re-start inadvertently. Lifting and carrying of excessive weight—An employer shall at a construction site of a building or other construction work that ‘no building worker lifts by hand or carries overhead or over his back oF shoulders any material, article, tool or appliances exceeding in weight the maximum limits set out in the following tables TABLE Person ‘Maximum Weight Load “Adult man 35 kg Adult woman 30 kg, Adolescent male 30 ke Adolescent female 20 kg eemecememniess Td unless aided by any other building worker or a mechanical device, no building worker aided by other building workers, lift by hand or carry overhead or over their back or shoulders, any material, article, tool or appliance exceeding in weight the sun total of maximum Himits set out for each building worker separately under clause (a), unless aided by a mechanical device.“Te Bultng and QterCorseucton Workers (Regusion of Boploymen a ted Condor of Servis) Cental Rae, 1998 39, Health and safety policy.—(1) (a) Every establishment employing fifty or more building workers shall prepare a written statement of policy in respect of safety ahd health of building workers and submit the same for the approval of the Director Genecal; (b) the policy referred to in clause (a) shall contain the following, namely @ the iutentions and commitments of the establishment regarding health, safety end environmental protection of building workers; Gi) onganisational arrangements made to carry out the policy referred to in clause (a) specifying the responsibility at different levels of hierarchy; Git) responsibilities of the principal employer, contractor, sub-contractor, t-ansporter or other agencies involved in the building or other construction work; Gv) techniques and methods for assessment of risk (o safety, health and environmental and remedial measures therefor; (v). arrangements for training of building workers, trainers, supervisors or otter persons engaged in the construction work; (vi) other arrangements for making the policy referred to in clause (@), effective: (© the intention and commitment referred to in sub-clause (1) of clause (b) shall be taken into account in making decisions relating to plant, machinery, equipment, materials and placement of building workers. (2) A copy of the policy referred to in clause (a) of sub-rule (1), signed by an authorised signatory shall be sent to the Central Government. (3) The establishment shall revise the policy referred to in clause (a) of, subrule (1) as often as necessary under the following circumstances, namely: (@ whenever any expansion or modification having implication on safety and health of the building workers is made in such bui other construction work; or Gi) whenever any new building or other construction work, substances, articles or techniques are introduced having implication on health and safety of building workers. (4) A copy of the policy referred to in sub-clause (a) of sub-rule (1) shall bbe displayed at the conspicuous places in Hindi and a local language ‘understood by'the majority of building workers at a construction site. 40. Dangerous and harmful environment.— An employer shall ensure at a construction site of a building or other construction work that, (@) When an internal combustion engine exhausts into a confined space cor excavation or tunnel or any other workplace where neither natural ventilation nor artificial ventilation system is adequate to keep the“ “Te Bulding and OherConetacton Worke” (Regustion of Biplayment nd Conditions af Service) Cena ales, 1998 ‘carbon monoxide content of the atmoaphere below fifty parts pe milliongadequate and suitable measures are taken at such workpl in order, to avoid exposure of building workers to health hazards; (b)_ no building worker is allowed to enter any confined space or tank ‘trench or excavation wherein there is given off any dust, fumes ‘other impurities of such nature and to suck extent as is likely to 0. injurious or offensive to the building worker or in which explosives, poisonous, noxious or gaseous material or other harmful articl hhave been carried or stored or in which dry ice has been used as af rant, or which has been fumigated or in which there is a possibility of oxygen deficiency, unless all practical steps have beer taken to remove such dust, fumes, or other impurities and dangers which may be present and to prevent any further ingress thereof, and] such workplace ot tank or trench or excavation is certified by the§ responsible person to be safe and fit for the entry of such building workers 41. Overhead protection.—(1) The employer shall ensure at the building] or other construction work that overhead protection is erected along the! periphery of every building under construction which shall be of fifteen, ‘metres or more in height when complete, (2) Overhead protection referred to in sub-rule (1) shall not be less than ‘two metres wide and shall be erected at a height not more than five metres above the base of the building and the outer edge of such overhead protection shall be one hundred fifty millimeters higher than the inner edge thereof or shall be erected at an angle of not more than twenty degrees to its horizontal sloping into the building, (3) The employer shall ensure at the building and other construction work that any area exposed to risk of falling material, article or objects is roped off or cordoned off or otherwise suitably guarded from inadvertent entry of persons other than buildirg workers at work in such area 42, Slipping, tripping, cutting, drowning and falling hazards.—(1) All passageways, platforms and other places of construction work at the building or other construction work shall be kept by the employer free from accumulations of dust, debris or similar material and from other obstructions ‘that may cause tripping. (2) Any sharp projections or protruding nails or similar projections which ‘may cause’ any cutting hazard to a building worker at the building or other construction work shall ve removed or otherwise made safe by taking suitable measures by the employer. (3) No’ employer shall allow any building worker at building or other construction work to use the!passageway, or.a scaffold, platform or any other elevated working surface which is ina slippery and dangerous condition and shall ensure that water, grease. oil or other similar substances, which may cause the surface slippery, be removed or sanded, saw dusted of“The Baiting ud Ofer Contin Workers” (Reputation of Bnploymest “0 {hd Candice of Service) Cen Ries, 198 covered with suitable mateial to make it safe from stippiig hazard at a building or other onstruction work. (4) Wherever building workers ata building or other construction work are egposed tothe hazard of falling ito wate, they shal be provided by the employer with adequate equipment for saving themselves from drowning GR} rescuing vom such hazard and if thc Director General considers Mteessary, well-equipped boat or launch manned with trained personnel Thal be provided by the employer athe site of such work (5) Every open side or opening into or through which a building worker, vehicle of fing appliance or other equipments may fall at a building or Siher construction work shall be coVered or guarded suitably by the Simployer to prevent such fall except where free access is necessary by feanons of the nature ofthe work (6) Wherever building workers ata building or other construction Work ae exposed to the hazards of falling from height while employed on such eck they shall be provided by the employer with adequate equipment or Teams for saving them from such hazards. Such equipment of means shail bein aceordance withthe national standards. @) Whenever there is a possibility of falling of any material, equipment or building worker at a construction site relating 10 a building or other Construction work, adequate and suitable safety net shall be provided by ‘employer in accordance with the national standards, 143, Dust, gases, fumes, etc.—An employer shall prevent concentration of dust, gases of fumes by providing suitable means to control their Concentration within the permissible Kmit so that they may not cause injury or pone health hazard to a building Worker ata building or other construction work. “44, Corrsive substances—The employer shall ensure that corrosive substances, including alkalis and acids, shall be stored and used by a person Seating with such substances at a building or other construction work in Such a manner that is docs not endanger the building worker and suitable protective equipment shall be provided by the employer to a building worker {luring handling or use of such substances cia building or other construction senkvand in case of spillage of such substances on the building worker, Immediate remedial measures shall be taken by the employer. 45. Eye protection —Suitable personal protective equipment for the protection of eyes shall be provided by an employer and used by the building. worker engaged in operations like welding, culling, chipping, frinding of similar operations which may cause hazard to his eyes at & building or other construction work. 146. Head protection aud other protective apparel.—(1) Every building worker required to passthrough or work within the areas at building or other [Ointucudn work where there is hazard of his being struck hy falling