BUILDING AND OTHER CONSTRUCTION WORKERS’ (REGULATION
3.
4.
5.
6.
7.
8.
CHAPTER V
40.
41.
42.
47.
50.
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
1. Short title, application and commencement
2. Definitions
3. Interpretation of words not defined
4. Savings
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
10.
12.
PART II
CENTRAL ADVISORY COMMITTEE, REGISTRATION OF ESTABLISHMENTS
CHAPTER III
CENTRAL ADVISORY COMMITTEE
15. Removal from membership
16. Manner of filling 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 73
CHAPTER IV
REGISTRATION OF ESTABLISHMENTS
23. Manner of making application for registration of establishments 74
24. Grant of certificate of registration 74
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 officer 76
29. Failure to appear on the date of hearing
30. Restoration of appeals
31. Hearing of appeal 77
32. Copy of Order of registration or of order in appeal 77
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]
PART III
CHAPTER VI GENERAL PROVISIONS
34. Excessive noise, vibration etc.
35. Fire protection
36. Emergency action plans
CONTENTS
37. Fencing of motors, etc. 79
38. Lifting and carrying of excessive weight 79
39. Health and safety policy
40. Dangerous and harmful environment
41. Overhead Protection
42. Slipping, tripping, cutting, drowning and falling hazards 81
43. Dust, gases, fumes etc. 82
44. Corrosive Substances 82
45. Eye Protection 82
46. Head protection and other protective apparel 83
47. Electrical hazards 83
48. Vehicular Traffic 84
49. Stability of structures
50. Illumination of passageways, etc.
51. Stacking of materials
52. Disposal of debris
53. Numbering and marking of floors
54. Use of safety helmets and shoes 85
CHAPTER VII LIFTING APPLIANCES AND GEAR
55. Construction and maintenance of lifting appliances 85
56. Test and periodical examination of lifting appliances 86
57. Automatic safe load indicators
58. Installation
59. Winches 88
60. Buckets 88
61. Identification and marking of safe working load 88
62. Loading of lifting appliances and lifting gears
63. Operator’s cab or cabin 89
64. Operation of lifting appliances 90
65. Hoists 91
66. Fencing of and means of access to lifting appliances 93
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. Certificate to be issued after actual testing and examination, etc.
74. Register of periodical test, examination and certificates 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. Qualification of operator of lifting winches and of signaller, etc.
82. Use of runways and ramps by building worker
83. Use by vehicles
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, floors and roofs
106. Stripping
107. Reshoring
CHAPTER XII DEMOLITION
108. Preparation
110. Demolition of walls, partitions, etc.
111. Method of operation
Access to floor
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. Notification 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
126. Piling, shoring and bracing
127.
128.
129.
130.
131.
132.
133.
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 roofing 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
195. Opening
197. Scaffold used
198.
203. Scaffold supported by
204. Use of winches and climbers for suspended scaffold
205. Safety devices for suspended scaffold
208.
210.
219.
CHAPTER XXIV
MEDICAL FACILITIES
223. Medical examination of building workers, etc. 149
224. Duties of construction medical officers 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 certificates 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 first time 164
SCHEDULE II: Notifiable 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 Officers, Qualification, Duties, etc.
SCHEDULE IX: Hazardous Process 174
SCHEDULE X: Services and Facilities to be Provided in Occupational Health Centres 174
SCHEDULE XI: Qualification of Construction Medical Officer 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.
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
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.
Definitions.
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 : JUNE 2025
EDITION : 2025 EDITION
ISBN NO : 9789371268523
NO. OF PAGES : 252
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 provides the latest, fully updated statutory text, complete with detailed section-wise notes and practical judicial commentary. This Edition integrates all relevant allied legislation—including the Building and Other Construction Workers Welfare Cess Act 1996 and Central Rules 1998—alongside compliance-ready formats for registers and forms, making it a single authoritative source for employment, service conditions, safety, health, and welfare standards for India’s construction sector.
This book is intended for the following audience:
• Legal Professionals & In-House Counsels
• Government Officials & Labour Administrators
• Contractors, Employers & HR/Compliance Managers in Construction
• Trade Unions & Worker Welfare Organisations
• Academicians, Law Students & Researchers
• Consultants & Auditors
The Present Publication is the 2025 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:
• [Full Updated Text] Complete and amended BOCW Act and Rules
• [Section-wise Notes] Concise explanations and the latest case law under each section
• [Allied Legislation] Cess Act 1996, Central Rules 1998, Welfare Cess Rules, and compliance rules
• [Practical Compliance Aids] Sample formats for registers, rationalised forms, and reporting tools
• [Judicial Commentary] Summaries of Supreme Court and High Court decisions on key construction labour issues
• [User-friendly Index] Extensive subject index for efficient navigation