Taxmann's BOCW Act 1996 with Rules

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BUILDING AND OTHER CONSTRUCTION WORKERS’ (REGULATION

3.

4.

5.

6.

7.

8.

CHAPTER V

CHAPTER VI

42.

47.

BUILDING AND OTHER CONSTRUCTION WORKERS’ WELFARE CESS ACT, 1996

BUILDING AND OTHER CONSTRUCTION WORKERS’ (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE)

CENTRAL RULES, 1998

PART I

PRELIMINARY

1. Short title, application and commencement 61

2. De nitions

3. Interpretation of words not de ned

4. Savings 67

CHAPTER II

RESPONSIBILITIES AND DUTIES OF EMPLOYERS, ARCHITECTS, PROJECT ENGINEERS AND DESIGNERS, BUILDING WORKERS, ETC.

5. Duties and responsibilities of employers, employees and others 67

6. Responsibilities of architects, project engineers and designers 69

7. Responsibilities of the persons in the service of the State Government and the Board 69

8. Duties and responsibilities of workers 69

9. Exemption 69

PART II

CENTRAL ADVISORY COMMITTEE, REGISTRATION OF ESTABLISHMENTS

CHAPTER III

CENTRAL ADVISORY COMMITTEE

10. Constitution of Central Advisory Committee

12. Resignations

15. Removal from membership

16. Manner of lling vacancies

17. Staff of Central Advisory Committee

18. Allowances of members

19. Disposal of business

20. Meetings

21. Notice of meetings and list of business

22. Quorum

CHAPTER IV

REGISTRATION OF ESTABLISHMENTS

23. Manner of making application for registration of establishments

24. Grant of certi cate of registration

25. Payment of additional fees and amendment of register etc.

26. Conditions of registration

27. Fees

CHAPTER V

APPEALS, COPIES OF ORDERS, PAYMENT OF FEES, ETC.

28. Filing of appeal before the appellate of cer

29. Failure to appear on the date of hearing

30. Restoration of appeals

31. Hearing of appeal

32. Copy of Order of registration or of order in appeal

33. [Omitted by the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Central (Amendment) Rules, 2018, w.e.f. 4-9-2018]

CHAPTER VI

34. Excessive noise, vibration etc.

35. Fire protection

36. Emergency action plans

CONTENTS

37. Fencing of motors, etc.

38. Lifting and carrying of excessive weight

39. Health and safety policy

40. Dangerous and harmful environment

41. Overhead Protection

42. Slipping, tripping, cutting, drowning and falling hazards

43. Dust, gases, fumes etc.

44. Corrosive Substances

45. Eye Protection

46. Head protection and other protective apparel

47. Electrical hazards

48. Vehicular Traf c

49. Stability of structures

50. Illumination of passageways, etc.

51. Stacking of materials

52. Disposal of debris

53. Numbering and marking of oors

54. Use of safety helmets and shoes

CHAPTER VII

55. Construction and maintenance of lifting appliances

56. Test and periodical examination of lifting appliances

57. Automatic safe load indicators

58. Installation

59. Winches

60. Buckets

61. Identi cation and marking of

62. Loading of lifting appliances and lifting gears

63. Operator’s cab or cabin

64. Operation of lifting appliances

65. Hoists

66. Fencing of and means of access to lifting appliances

67. Rigging of derricks 93

68. Securing of derrick foot 94

69. Construction and maintenance of lifting gear

70. Test and periodical examination of lifting gears

71. Ropes

72. Heat treatment of lifting gears

73. Certi cate to be issued after actual testing and examination, etc.

74. Register of periodical test, examination and certi cates thereof

75. Vacuum and magnetic lifting gear

76. Knotting of chains and wire ropes

77. Carrying of persons by means of lifting appliances, etc.

78. Hoists carrying persons

79. Attachment of loads

80. Tower Cranes

81. Quali cation of operator of lifting winches and of signaller, etc.

82. Use of runways and ramps by building worker

84. Slope of Ramps

85. Use by wheelbarrows, etc.

CHAPTER XI

CONCRETE WORK

96. General provisions regarding use of concrete

97. Preparation and pouring of concrete and erection of concrete structures

98. Buckets

99. Pipes and Pumps

100. Mixing and pouring of concrete

101. Concrete panels and slabs

102. Stressed and tensioned elements

103. Vibrators

104. Inspection and supervision

105. Beams, oors and roofs

106. Stripping

107. Reshoring

CHAPTER XII DEMOLITION

108. Preparation

110. Demolition of walls, partitions, etc.

111. Method of operation

112. Access to oor

Demolition of structural steel

Storage of material or article

115. Floor openings

116. Inspection

117. Warning signs, barricades, etc.

118. Mechanical method of demolition

CHAPTER XIII

EXCAVATION AND TUNNELLING WORKS

119. Noti cation of intention to carry out excavation and tunnelling work

120. Project Engineer

121. Responsible person

122. Warning signs and notices

123. Register of employment etc.

124. Illumination

125. Stability of structure

126. Piling, shoring and bracing

127.

128. Treches

129.

130. Positioning

131.

132.

133.

134.

135.

136.

150.

151.

155. Emergency generators

156. Air mains

157. Bulk head and air-locks

158. Diaphragms

159. Portable electrical hand tools

160. Circuit breaker

161. Transformer

162. Live wires

163. Welding sets

164. Quality and quantity of air

165. Working temperature

166. Man-locks and working in compressed air environment

167. Safety instruction

168. Medical lock

CHAPTER XIV

CONSTRUCTION, REPAIR AND MAINTENANCE OF STEEP ROOF

169. Work on steep roofs

170. Construction and installation or roo ng brackets

171. Crawling boards

CHAPTER XV

LADDERS AND STEP-LADDERS

172. Construction and safe use

173. Rungs

174. Materials for ladders

CHAPTER XVI

CATCH PLATFORM AND HOARDINGS, CHUTES, SAFETY BELTS AND NETS

175. Catch platforms

176. Hoardings

177. Chutes, its construction and use

178. Safety belt and its use

179. Safety net and its use

180. Storage of safety belts and nets, etc.

CHAPTER XVII

STRUCTURAL FRAME AND FRAMEWORK

181. General provision

182. Form work, false work and shoring

183. Erection or dismantling of steel and prefabricated structure

184. Form work

185. Deshoring

CHAPTER XVIII

STACKING AND UNSTACKING

186. Stacking and unstacking of materials and articles

187. Stacking of cement and other material bags

CHAPTER XIX SCAFFOLD

188. Scaffold construction

189. Supervision by a responsible person

191. Standards, ledger, putlogs

192. Working platform

193. Board, plank and decking

194. Repair of damaged scaffold

195. Opening

197. Scaffold used

198.

Trestle

203. Scaffold supported by

204. Use of winches and climbers for suspended scaffold

205. Safety devices for suspended scaffold

208.

209.

210.

211.

CHAPTER

217. Instruction to and supervision of building workers working on a

219.

CHAPTER XXIV

MEDICAL FACILITIES

223. Medical examination of building workers, etc. 149

224. Duties of construction medical of cers 150

225. Occupational health centres 150

226. Ambulance Room 150

227. Ambulance van 151

228. Stretchers 151

229. Occupational health services for the building workers 151

230. Notice of poisoning or occupational diseases 152

231. First-aid boxes 152

232. Emergency care services or emergency treatment 153

CHAPTER XXV

INFORMATION TO BUREAU OF INDIAN STANDARDS

233. Furnishing of information to Bureau of Indian Standards. 154

PART IV

HOURS OF WORK, WELFARE, PAYMENT OF WAGES, REGISTERS AND RECORDS, ETC.

CHAPTER XXVI

HOURS OF WORK, REST INTERVALS AND WEEKLY OFF, ETC.

234. Hours of work, intervals of rest and spread over etc. 154

235. Weekly rest, payment for work done on the day of rest at overtime rate, etc. 155

236. Night Shifts 155

237. Application of provisions of this Chapter to certain classes of building workers 156

CHAPTER XXVII

NOTICES, REGISTERS, RECORDS AND COLLECTION OF STATISTICS

238. Notice of wage periods, etc. 156

239. Notice of commencement and completion 156

CONTENTS

PAGE

240. Register of persons employed as building workers 157

241. Muster-roll, wages register, deduction register, overtime register and issue of wage books and service certi cates 157

242. Returns 159

CHAPTER XXVIII WELFARE OF BUILDING WORKERS

243. Latrine and urinal accommodation 160

244. Canteens 160

245. Foodstuff to be served in the Canteen 161

246. Serving of tea and snacks at the work places 161

247. Charges of foodstuff 161

CHAPTER XXIX WAGES

248. Payment of wages 161

249. Display of notices of wage regarding date of payment of wages 162

PART V

MISCELLANEOUS PROVISIONS

CHAPTER XXX

POWERS OF DIRECTOR GENERAL AND INSPECTORS

250. Power to engage experts, agencies 162

251. Powers of Inspectors 163

252. Prohibition Order 164

SCHEDULE I: Manner of test and examination before taking lifting appliance, lifting gear and wire rope into use for the rst time 164

SCHEDULE II: Noti able Occupational Diseases in Building and other Construction Work 167

SCHEDULE III: Contents of a First-Aid Box 168

SCHEDULE IV: Articles for Ambulance Room 169

SCHEDULE V: Contents of Ambulance Van or Carriage 170

SCHEDULE VI: Permissible Exposure in cases of Continuous Noise 171

SCHEDULE VII: Periodicity of Medical Examination of Building Workers 171

SCHEDULE VIII: Number of Safety Of cers, Quali cation, Duties, etc. 172

SCHEDULE IX: Hazardous Process 174

SCHEDULE X: Services and Facilities to be Provided in Occupational Health Centres 174

SCHEDULE XI: Quali cation of Construction Medical Of cer 174

SCHEDULE XII: Permissible Levels of Certain Chemical Substances in the Work Environment 175

BUILDING AND OTHER CONSTRUCTION WORKERS’ WELFARE CESS RULES, 1998

1. Short title and commencement

2. Definitions

3. Levy of cess

4. Time and manner of collection

5. Transfer of the proceeds of the cess to the Board

6. Information to be furnished by the employer

7. Assessment

8. Return of overpaid cess

9. Exemption

10. Powers of Assessing Officer and other officers

11. Date of payment

12. Penalty for non-payment

13.

14.

15.

EASE OF COMPLIANCE TO MAINTAIN REGISTERS UNDER VARIOUS LABOUR LAWS RULES, 2017

1. Short title and commencement

2. Maintenance of registers under certain labour related laws

3. Amendment of certain rules

SCHEDULE

FORM A: Format of Employee Register

FORM B: Format for Wage Register

FORM C: Format of Register of Loan/Recoveries 206

FORM D: Format of Attendance Register 206

FORM E: Format of Register of Rest/Leave/Leave Wages under The Mines Act, 1952, The Sales Promotion Employees (Conditions of Service) Act, 1976 and The Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1957

RATIONALISATION OF FORMS AND REPORTS UNDER CERTAIN LABOUR LAWS RULES, 2017

1. Short title and commencement 209

2. Maintenance of Forms under certain labour related laws 209

3. Amendment of certain rules 209 SCHEDULE 213

SAMPLE CHAPTER

Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996

[27 OF 1996]1

An Act to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare measures and for other matters connected therewith or incidental thereto

BE it enacted by Parliament in the Forty-seventh year of the Republic of India as follows:

CHAPTER I

PRELIMINARY

Short title, extent, commencement and application.

1. (1) This Act may be called the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996.2

(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 building workers in any building or other construction work.

Explanation.— For the purposes of this sub-section, the building 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 building workers employed in the establishment.

1. Dated 19-8-1996.

2. Repealed by the Occupational and Safety, Health and Working Conditions Code, 2020, with effect from a date yet to be notified.

S. 2 BUILDING AND OTHER CONSTRUCTION WORKERS’ ACT, 1996 2

COMMENTS

SECTION NOTES

1.1 Short title [Section 1(1)]

The Act is formally known as the Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996.

1.2 Extent [Section 1(2)]

The Act applies to the entire territory of India, including all states and Union Territories.

1.3 Commencement [Section 1(3)]

The Act is deemed to have come into force on March 1, 1996.

1.4 Application [Section 1(4)]

1.5 Applicability criteria

The Act applies to establishments that: Employ, or have employed at any time in the preceding 12 months, 10 or more building workers engaged in building or construction work.

1.6 Inclusion of workers across relays [Explanation]

Workers employed in different relays during a day, whether by the employer or a contractor, must be considered when calculating the total number of workers in the establishment.

De nitions.

2. (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;

*Now see section 2(45) of the Companies Act, 2013.

BUILDING AND OTHER CONSTRUCTION WORKERS’ ACT, 1996 S. 2

(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, aquaducts, 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 building workers or who supplies building 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;

S. 2 BUILDING AND OTHER CONSTRUCTION WORKERS’ ACT, 1996 4

(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.

COMMENTS

SECTION NOTES

2.1 Beneficiary [Section 2(1)(b)]

A building worker who is registered under section 12 of the Act, enabling them to access welfare benefits.

2.2 Building worker [Section 2(1)(e)]

Refers to individuals engaged in manual, technical, supervisory, or clerical work related to construction for hire or reward.

Exclusions:

Those in managerial or administrative roles. Supervisory personnel earning more than `1,600 per month or performing primarily managerial functions.

2.3 Contractor [Section 2(1)(g)]

A person employing building workers to achieve a specified result for an establishment, including sub-contractors.

Excludes entities engaged solely in supplying goods.

2.4 Employer [Section 2(1)(i)]

Defined differently based on the type of work: Government Department: The designated authority or department head.

†Repealed.

BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT 1996 WITH RULES – BARE ACT WITH SECTION NOTES

AUTHOR : Taxmann's Editorial Board

PUBLISHER : Taxmann

DATE OF PUBLICATION : January 2026

EDITION : 2026 Edition

ISBN NO : 9789371260992

NO. OF PAGES : 256

BINDING TYPE : Paperback

DESCRIPTION

Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act 1996 ('BOCW') with Rules [Bare Act with Section Notes] by Taxmann is a statutory and compliance-oriented reference that presents India's construction labour law framework as it operated in practice. The publication documents and operationalises the regulatory regime governing building and construction workers, covering conditions of employment, safety and health standards, welfare mechanisms, inspection powers, and penalties. Although the Act has been repealed by the Occupational Safety, Health and Working Conditions Code 2020, it continues to apply to legacy compliance, inspections, assessments, welfare claims, and litigation. This Edition therefore serves as an authoritative reference for historical liabilities and transition-related matters under the pre-Labour Codes regime.

This publication is intended for professionals and institutions that require a clear and defensible understanding of the BOCW regulatory framework, including:

• Builders, Infrastructure Developers, EPC Contractors, & Sub-Contractors

• Compliance, HR, IR, & EHS Professionals

• Labour Law Practitioners, Advocates, & In-house Legal Teams

• Government Officers, Inspectors, & Quasi-judicial Authorities

• Auditors & Due-Diligence Professionals

• Academics & Researchers

The Present Publication is the 2026 Edition, covering the amended and updated text of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act [Act No. 27 of 1996] and Rules, with the following noteworthy features:

• [Authoritative Bare Act Text] Complete and updated text of the BOCW Act 1996

• [Pre-amendment Provisions] Earlier versions of amended provisions are reproduced in footnotes to enable under standing of the pre-amendment legal position

• [Section-wise Explanatory Notes] Editorial notes explaining statutory scope, applicability thresholds, procedural flow, and compliance implications

• [Integrated Allied Legislation] Consolidated inclusion of the Building and Other Construction Workers' Welfare Cess Act 1996 with corresponding Rules

• [Central Rules with Operational Detail] Incorporation of the BOCW Central Rules 1998, translating statutory duties into actionable compliance requirements

• [Safety, Health & Welfare Architecture] Coverage of safety measures, welfare facilities, medical provisions, and occupational health standards through detailed rules and schedules

• [Digitisation & Compliance Rationalisation] Inclusion of the 2017 Ease of Compliance and Rationalisation of Forms and Reports Rules

• [Prescribed Forms, Registers & Schedules] All relevant statutory forms, registers, returns, and schedules for establishment- and site-level compliance

• [Inspection, Enforcement & Penalty Framework] Structured presentation of inspection powers, offences, penalties, prosecution, and appeals

• [Subject Index for Quick Reference] Detailed subject index for efficient statutory navigation