The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1989

(1) This Act may be called the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1989. (2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 1st day of March, 1990.

In this Act, unless the context otherwise requires,— (a) “Board” means the Kerala Construction Workers' Welfare Fund Board constituted under section 6; (b) “construction work” means any civil engineering or construction work but does not include any work under the Central or State Government or any local authority which is of a casual nature and is not connected with the construction of any building or other structure; (c) “construction worker” means any 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 construction work, but does not include any such person who is employed mainly in a managerial or administrative capacity; (d) “employer” in relation to any construction work, means any person who employs, whether directly or through another person, or whether on behalf of himself or any other person, one or more construction workers in connection with the construction work and includes— (i) in a building or other construction work carried on by or under the authority of any department of the Government of Kerala, the authority specified in this behalf, or where no authority is specified, the head of the department; (ii) in any building or other construction work carried on by or on behalf of a local authority or other establishment, the chief executive officer of that authority or establishment; (iii) in any other case, the person who has the ultimate control over the affairs of the construction work and includes to whom the affairs of the construction work are entrusted; (e) “Fund” means the Construction Workers' Welfare Fund constituted under section 3; (f) “member” means a construction worker registered under section 4; (g) “prescribed” means prescribed by rules made under this Act; (h) “welfare scheme” means the scheme framed under this Act. The section entry is maintained as per requirements.] In this Act, unless the context otherwise requires,— (a) "appropriate Government" means— (i) in relation to any establishment belonging to, or under the control of, the Central Government, a railway administration, a major port, a mine or an oilfield, the Central Government; (ii) in relation to any other establishment, the State Government; (b) "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 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 communication dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aquaducts, pipelines, towers, cooling towers, transmission towers and such other activity as maybe specified in this behalf by the appropriate Government by notification; (c) "construction worker" means a person who is employed to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be expressed or implied, in connection with any building or other construction work but does not include any such person who is employed mainly in a managerial or administrative capacity or 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; (d) "establishment" means any establishment which carries on any building or other construction work and includes an establishment belonging to a contractor; (e) "Fund" means the Building and Other Construction Workers Welfare Fund constituted under section 3.

(1) The Government shall, by notification in the Gazette, frame a scheme to be called the Construction Workers' Welfare Fund Scheme for the establishment of a fund for the welfare of the construction workers in the State of Kerala and there shall be established, as soon as may be after the framing of the scheme, a fund in accordance with the provisions of this Act and the scheme. (2) There shall be credited to the Fund— (a) the contributions specified under section 5; (b) any voluntary donations; (c) any grants or loans made by the Government; (d) any amount raised by the Board for the purposes of this Act; (e) any other amount to which the Fund may become entitled. (3) The Fund shall be vested in and be administered by the Board. (4) The Fund may be utilised for all or any of the following purposes, namely:— (a) to pay pension to the members who have attained the age of sixty; (b) to provide financial assistance to the members for the treatment of self or family; (c) to provide financial assistance to the members for the marriage of self, children, sisters or as the case may be, and for education of children; (d) to provide housing loan or to provide financial assistance for the construction of house; (e) any other purposes as may be specified in the scheme. (5) The Board shall defray the costs and expenses of the Fund out of the amount of the Fund. (1) The Central Government shall constitute a Committee to be called the Central Building and Other Construction Workers' 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 State Government shall constitute a Committee to be called the State Building and Other Construction Workers' Advisory Committee to advise the State Government on such matters arising out of the administration of this Act as may be referred to it. (1) There shall be constituted by each State Government 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 Fund by the Central Government; (b) all contributions made by the beneficiaries; (c) all sums received from the employers under the Act; (d) all sums received by way of sale or disposal of materials and other property; (e) any interest or other income arising out of the investment of the amounts in the Fund; (f) such other amounts as may be prescribed by the State Government. (2) The Fund shall be applied for meeting— (a) expenses in connection with the administration of this Act; (b) such other expenses for the welfare of the construction workers as may be directed by the State Government.

(1) Every construction worker who has completed eighteen years of age but has not completed sixty years of age and who has been engaged in any construction work for not less than ninety days during the preceding twelve months shall be eligible for registration as a member. (2) An application for registration shall be made in such form and in such manner as may be prescribed. (3) Every member shall be given an identity card. (4) Any person aggrieved by the refusal to register his name may appeal to such authority and within such time as may be prescribed. (5) Every construction worker who is a member shall pay such contribution as may be decided by the Board periodically. [Text incomplete in source] There shall be levied and collected a cess for the purposes of this Act 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, by notification in the Official Gazette, from time to time specify.

The contribution to the Fund shall be paid by the employer and the employee in such manner and at such rates as may be prescribed. The employer shall also be liable to pay such percentage of the cost of construction as may be prescribed by the Government. The Government may, by notification in the Official Gazette, exempt any employer or class of employers in a State from the payment of cess payable under this Act in such circumstances and subject to such conditions as may be specified in the notification. (1) Every employer shall, within such period as the appropriate Government may, by notification in the Official Gazette, fix in this behalf with respect to any establishment in the area to which this Act applies, make an application to the registering officer in such form and in such manner and on payment of such fees as may be prescribed, for the registration of such establishment under this Act. (2) The registering officer shall, after receipt of the application, register the establishment and issue a certificate of registration to the employer. (1) The cess levied under section 4 shall be collected from every employer in such manner and at such time, including deduction at source before a payment is made to such employer, as may be prescribed. (2) The proceeds shall be paid by the employer to the Board, or any other authority specified by the State Government in this behalf, to be credited to the Fund: Provided that this section shall not apply to the employer if the cess is payable under any corresponding law in force in a State.

The Government may, by notification in the Gazette, constitute the Kerala Construction Workers' Welfare Fund Board for the administration of the Fund. Every employer shall, within such time as may be prescribed, furnish to the officer or authority prescribed in this behalf a return in such form, together with such particulars, as may be prescribed, containing the details of the cost of construction incurred by him. [Text incomplete in source] Where an employer fails to pay any amount of cess payable under section 3 within the specified time, such employer shall be liable to pay interest at such rate as may be prescribed for the period between the date on which such payment becomes due and the date on which such payment is actually made.

The Board may, with the previous approval of the Government and subject to such conditions as may be prescribed, borrow money from time to time for carrying out the purposes of this Act from the Government or from any financial institution. (1) The officer or authority to whom or to which the return has been furnished under section 6 shall, after such scrutiny and such inquiry as may be necessary, make an assessment of the amount of cess payable by the employer. (2) If a person carrying on the building or other construction work, liable to pay the cess under section 3, fails to furnish any return under section 6, then, the officer or authority shall issue a notice requiring him to furnish such return before such date as may be specified in the notice. (3) If any person fails to furnish the return within the date specified in the notice under sub-section (2), the officer or authority shall pass an order assessing the amount of cess payable by such person at such amount, as it thinks fit, on the basis of the cost of construction incurred by the employer. (4) The order made under sub-section (1) or sub-section (3) shall be served on the employer concerned in the manner as may be prescribed.

(1) The Board shall administer the Fund in such manner as may be prescribed. (2) The Board may incur such expenditure as it may deem necessary for the administration of the Fund subject to such limits as may be prescribed.

(1) No employer of an establishment to which this Act applies shall employ a building worker in contravention of the provisions of this Act. (2) [Text incomplete in source] (1) The Central Government may, by notification in the Official Gazette, 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 manner in which and the time at which the cess shall be collected under section 5; (b) the rate of interest payable under section 6.

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Whoever contravenes any of the provisions of any rule made under this Act shall, for every such contravention, be punishable with fine which may extend to such amount as may be prescribed.

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Establishment of Welfare Fund [Content as per original act]

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The State Government shall cause the annual report and the auditor's report of the Board to be laid, as soon as may be after they are received, before the State Legislature.

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