Safeguard of Women and Children
Provisions in Standard Bidding Document
The Standard Bidding Document for Pradhan Mantri Gram Sadak Yojana
provides for mandatory observance of existing Labour Laws. The provisions relating
to safeguard of women and children engaged in construction activity are given in
various labour laws. Clause 57 of General Conditions of Contract is reproduced
below.
57. COMPLIANCE WITH LABOUR REGULATIONS
57.1 During continuance of the Contract, the Contractor and his sub Contractors
shall abide at all times by all existing labour enactments and rules made there under,
regulations, notifications and bye laws of the State or Central Government or local
authority and any other labour law (including rules), regulations, bye laws that may be
passed or notification that may be issued under any labour law in future either by the
State or the Central Government or the local authority. Salient features of some of the
major labour laws that are applicable to construction industry are given in Appendix
to Part I General Condition of Contract. The Contractor shall keep the Employer
indemnified in case any action is taken against the Employer by the competent
authority on account of contravention of any of the provisions of any Act or rules
made there under, regulations or notifications including amendments. If the Employer
is caused to pay or reimburse, such amounts as may be necessary to cause or observe,
or for non-observance of the provisions stipulated in the notifications/bye
laws/Acts/Rules/regulations including amendments, if any, on the part of the
Contractor, the Engineer/Employer shall have the right to deduct any money due to
the Contractor including his amount of performance security. The Employer/Engineer
shall also have right to recover from the Contractor any sum required or estimated to
be required for making good the loss or damage suffered by the Employer.
The employees of the Contractor and the Sub-Contractor in no case shall be
treated as the employees of the Employer at any point of time.
The Appendix to Part – I General Conditions of Contract gives salient features
of some major labour laws applicable to establishments engaged in building and other
construction work the appendix is reproduced below.
Appendix to Part I General Condition of Contract
SALIENT FEATURES OF SOME MAJOR LABOUR LAWS
APPLICABLE TO ESTABLISHMENTS ENGAGED IN BUILDING AND
OTHER CONSTRUCTION WORK.
a) Workmen Compensation Act 1923: - The Act provides for compensation in
case of injury by accident arising out of and during the course of employment.
b) Payment of Gratuity Act 1972: - Gratuity is payable to an employee under the
Act on satisfaction of certain conditions on separation if an employee has
completed the prescribed minimum years (say, five years) of service or more or
on death the rate of prescribed minimum days’(say, 15 days) wages for every
completed year of service. The Act is applicable to all establishments employing
the prescribed minimum number (say, 10) or more employees.
c) Employees P.F. and Miscellaneous Provision Act 1952: The Act Provides for
monthly contributions by the Employer plus workers at the rate prescribed (say,
10% or 8.33%). The benefits payable under the Act are:
i.
Pension or family pension on retirement or death as the case may be.
ii. Deposit linked insurance on the death in harness of the worker.
iii. Payment of P.F. accumulation on retirement/death etc.
d) Maternity Benefit Act 1961: - The Act provides for leave and some other
benefits to women employees in case of confinement or miscarriage etc.
e) Contract Labour (Regulation & Abolition) Act 1970: - The Act provides for
certain welfare measures to be provided by the Contractor to contract labour and
in case the Contractor fails to provide, the same are required to be provided, by
the Principal Employer by Law. The principal Employer is required to take
Certificate of Registration and the Contractor is required to take license from the
designated Officer. The Act is applicable to the establishments or Contractor of
Principal Employer if they employ prescribed minimum (say 20) or more contract
labour.
f) Minimum Wages Act 1948: - The Employer is to pay not less than the
Minimum Wages fixed by appropriate Government as per provisions of the Act if
the employment is a scheduled employment. Construction of buildings, roads,
runways are scheduled employment.
g) Payment of Wages Act 1936: - It lays down as to by what date the wages are
to be paid, when it will be paid and what deductions can be made from the wages
of the workers.
h) Equal Remuneration Act 1976: - The Act provides for payment of equal
wages for work of equal nature to male and female workers and for not making
discrimination against female employees in the matters of transfers, training and
promotions etc.
i) Payment of Bonus Act 1965: - The Act is applicable to all establishments
employing prescribed minimum (say, 20) or more workmen. The Act provides for
payments of annual bonus within the prescribed range of percentage of wages to
employees drawing up to the prescribed amount of wages, calculated in the
prescribed manner. The Act does not apply to certain establishments. The newly
set-up establishments are exempted for five years in certain circumstances. States
may have different number of employment size.
j) Industrial Disputes Act 1947: - The Act lays down the machinery and
procedure for resolution of industrial disputes, in what situations a strike or lockout becomes illegal and what are the requirements for laying off or retrenching
the employees or closing down the establishment.
k) Industrial Employment (Standing Orders) Act 1946: - It is applicable to all
establishments employing prescribed minimum (say, 100, or 50). The Act
provides for laying down rules governing the conditions of employment by the
Employer on matters provided in the Act and get these certified by the designated
Authority.
l) Trade Unions Act 1926: - The Act lays down the procedure for registration of
trade unions of workmen and Employers. The Trade Unions registered under the
Act have been given certain immunities from civil and criminal liabilities.
m) Child Labour (Prohibition & Regulation) Act 1986: - The Act prohibits
employment of children below 14 years of age in certain occupations and
processes and provides for regulations of employment of children in all other
occupations and processes. Employment of child labour is prohibited in building
and construction industry.
n) Inter-State Migrant Workmen’s (Regulation of Employment & Conditions
of Service) Act 1979: - The Act is applicable to an establishment which employs
prescribed minimum (say, five) or more inter-state migrant workmen through an
intermediary (who has recruited workmen in one state for employment in the
establishment situated in another state). The Inter-State migrant workmen, in an
establishment to which this Act becomes applicable, are required to be provided
certain facilities such as Housing, Medical-Aid, Travelling expenses from home
up to the establishment and back etc.
o) The Building and Other Construction workers (Regulation of Employment
and Conditions of Service) Act 1996 and the Cess Act of 1996: - All the
establishments who carry on any building or other construction work and employs
the prescribed minimum (say, 10) or more workers are covered under this Act. All
such establishments are required to pay cess at the rate not exceeding 2% of the
cost of construction as may be modified by the Government. The Employer of
the establishment is required to provide safety measures at the building or
construction work and other welfare measures, such as canteens, first-aid
facilities, ambulance, housing accommodations for workers near the work place
etc. The Employer to whom the Act applies has to obtain a registration certificate
from the Registering Officer appointed by the Government.
p) Factories Act 1948: - The Act lays down the procedure for approval of
plans before setting up a factory, health and safety provisions, welfare
provisions, working hours, annual earned leave and rendering information
regarding accidents or dangerous occurrences to designated authorities. It is
applicable to premises employing the prescribed minimum (say, 10) persons or
more with aid of power or another prescribed minimum (say, 20) or more
persons without the aid of power engaged in manufacturing process
The brief abstract of provisions relating to safeguard of Women Workers / Child
Labour in the Standard Bidding Document is given in the table below.
Provisions for Safeguard of Women Workers / Child Labour in the
Standard Bidding Document
(Reference: Appendix to Part-I of General Conditions of Contracts)
#
1.
2.
3.
Act
Workmen’s Compensation
Act
Maternity Benefit Act 1961
Equal Remuneration Act
1976
Section
4 &7-
General Provision
 Compensation to Workman including Women
workers for injury by accident.
 Maternity Benefits Extended to workers
 Equal remuneration to Male and female worker for
same work. No discrimination in employment on
the basis of gender.
4.
Building and other
Chapter
VI,  Provision of Crèches for children of women
construction
Part-III Chapter
workers.
workers(Regulation of
VI,VII
 Restriction on the weight of loads to be lifted and
Employment and conditions
carried by women workers.
of Service)Act 1996 and
 Provision of accommodation facilities.
Cess Act 1996
 Emergency
care
(including
gynecological
emergencies).
5.
Payment of Gratuity Act
1972
2, 2A
6
i) Inter State migrant
workmen Act 1979
Chapter VI & 
VII
Chapter II

ii) Central Rule 1980
7
8.
The Child Labour
(Provisions and Regulation
Act), 1986

 Separate and adequate washing and screening
facilities shall be provided for the use of male and
female workers.
 Crèche facility also for migrant female workers.
Section 3
 Prohibition of employment
construction industry.
Chapter III

Chapter-V


The Factories Act 1948
The Industrial Employment
(Standing orders) Central
Rule 1946
Application of Labour Laws – same for female
workers
No female migrant workmen shall be employed by
any Contractor before 6 AM or after 7 PM
Chapter V
Chapter VI Para 
(66)
9.
Same benefits for male and female workers.
Rule 14

of
children
in
Separate enclosed accommodation to be provided
for male and female workers.
Separate and adequately screened working
facilities shall be provided for the use of male and
female workers.
Separate suitable room for children with adequate
facilities.
Restriction on working hours – No woman shall
be required or allowed to work in any factory
except between the hours 6 AM to 7 PM.
Penalty for sexual harassment by any worker
The abstract of some provisions in some of the applicable laws is given below.
Workmen’s Compensation Act
CHAPTER – II
WORKMEN’S COMPENSATION
3. Employer's liability for compensation. - (1) If personal injury is caused to a
workman by accident arising out of and in the course of his employment, his
employer shall be liable to pay compensation in accordance with the provisions of
this Chapter:
Provided that the employer shall not be so liable –
1) in respect of any injury which does not result in the total or partial disablement
of the workman for a period exceeding [three] days;
2) in respect of any [injury, not resulting in death, caused by] an accident which is
directly attributable to –
(i) the workman having been at the time thereof under the influence of
drink or drugs, or
(ii) the wilful disobedience of the workman to an order expressly given,
or to a rule expressly framed, for the purpose of securing the safety
of workmen, or
(iii) the wilful removal or disregard by the workman of any safety
guard or other device which he knew to have been provided for the
purpose of securing the safety of workmen.
[(2) If a workman employed in any employment specified in Part A of Schedule
III contracts any disease specified therein as an occupational disease peculiar to
that employment, or if a workman, whilst in the service of an employer in whose
service he has been employed for a continuous period of not less than six months
(which period shall not include a period of service under any other employer in the
same kind of employment) in any employment specified in Part B of Schedule III,
contracts any disease specified therein as an occupational disease peculiar to that
employment, or if a workman whilst in the service of one or more employers in
any employment specified in Part C of Schedule III for such continuous period as the
Central Government may specify in respect of each such employment, contracts any
disease specified therein as an occupational disease peculiar to that employment,
the contracting of the disease shall be deemed to be an injury by accident within the
meaning of this section and, unless the contrary is proved, the accident shall be
deemed to have arisen out of, and in the course of, the employment:
[PROVIDED that if it is proved,-(a) that a workman whilst in the service of one or more employers in any
employment specified in Part C of Schedule III has contracted a disease
specified therein as an occupational disease peculiar to that employment during
a continuous period which is less than the period specified under this subsection for that employment, and
(b) that the disease has arisen out of and in the course of the employment, the
contracting of such disease shall be deemed to be an injury by accident within
the meaning of this section:
PROVIDED FURTHER that if it is proved that a workman who having served
under any employer in any employment specified in Part B of Schedule III or who
having served under one or more employers in any employment specified in Part C
of that Schedule, for a continuous period specified under this sub-section for that
employment and he has after the cessation of such service contracted any disease
specified in the said Part B or the said Part C, as the case may be, as an
occupational disease peculiar to the employment and that such disease arose out of
the employment, the contracting of the disease shall be deemed to be an injury by
accident within the meaning of this section.]
[(2A) If a workman employed in any employment specified in Part C of Schedule
III contracts any occupational disease peculiar to that employment, the contracting
whereof is deemed to be an injury by accident within the meaning of this
section, and such employment was under more than one employer, all such
employers shall be liable for the payment of the compensation in such proportion
as the Commissioner may, in the circumstances, deem just.]
(3) [The Central Government or the State Government] after giving, by
notification in the Official Gazette, not less than three months' notice of its intention
so to do, may, by a like notification, add any description of employment to the
employments specified in Schedule III, and shall specify in the case of employments
so added the diseases which shall be deemed for the purposes of this section to be
occupational diseases peculiar to those employments respectively, and thereupon the
provisions of sub-section (2) shall apply [in the case of a notification by the Central
Government, within the territories to which this Act extends or in case of a
notification by the State Government, within the State] as if such diseases had been
declared by this Act to be occupational diseases peculiar to those employments.]
(4) Save as provided by [sub-sections (2), (2A)] and (3), no compensation shall be
payable to a workman in respect of any disease unless the disease is directly
attributable to a specific injury by accident arising out of and in the course of his
employment.
(5) Nothing herein contained shall be deemed to confer any right to
compensation on a workman in respect of any injury if he has instituted in a Civil
Court a suit for damages in respect of the injury against the employer or any other
person; and no suit for damages shall be maintainable by a workman in any Court
of law in respect of any injury –
(a) if he has instituted a claim to compensation in respect of the injury before a
Commissioner; or
(b) if an agreement has been come to between the workman and his employer
providing for the payment of compensation in respect of the injury in
accordance with the provisions of this Act.
Maternity Benefit Act 1961
2. Application of Act. - [(1) It applies, in the first instance, (a) to every establishment being a factory, mine or plantation including
any such establishment belonging to Government and
to every
establishment wherein persons are employed for the exhibition of
equestrian, acrobatic and other performances;
(b) to every shop or establishment within the meaning of any law for the time
being in force in relation to shops and establishments in a State, in which
ten or more persons are employed, or were employed, on any day of the
preceding twelve months:]
Provided that the State Government may, with the approval of the Central
Government, after giving not less than two months' notice of its intention of so
doing, by notification in the Official Gazette, declare that all or any of the provisions
of this Act shall apply also to any other establishment or class of establishments,
industrial, commercial, agricultural or otherwise.
(2) [Save as otherwise provided in [sections 5A and 5B], nothing contained in
this Act] shall apply to any factory or other establishment to which the provisions
of the Employees' State Insurance Act, 1948 (34 of 1948), apply for the time being.
4. Employment of or work by, women prohibited during certain periods.-(1) No
employer shall knowingly employ a woman in any establishment during the six weeks
immediately following the day of her delivery, [miscarriage or medical termination of
pregnancy].
(2)
No women shall work in any establishment during the six weeks immediately
following the day of her delivery [miscarriage or medical termination or pregnancy].
(3)
Without prejudice to the provisions of Section 6, no pregnant women shall, on
a request being made by her in this behalf, be required by her employer to do during
the period specified in sub-section (4) any work which is of an arduous nature or
which involves long hours of standing, or which in any way is likely to interfere with
her pregnancy or the normal development of the foetus, or is likely to cause her
miscarriage or otherwise to adversely affect her health.
(4)
The period referred to in sub-section (3) shall be(a)
the period of one months immediately preceding the period of six weeks,
before the date of her expected delivery;
(b)
any period during the said period of six weeks for which the pregnant
woman does not avail of leave of absence under Section 6.
5. Right to payment of maternity benefits.- [(1) Subject to the provisions of this
Act, every woman shall be entitled to, and her employer shall be liable for, the
payment of maternity benefit at the rate of the average daily wage for the period of her
actual absence, that is to say, the period immediately preceding the day of her
delivery, the actual day of her delivery and any period immediately following that
day.]
Explanation.-For the purpose of this sub-section, the average daily wage means the
average of the woman's wages payable to her for the days on which she has worked
during the period of three calendar months immediately preceding the date from
which she absents herself on account of maternity, [the minimum rate of wage fixed
or revised under the Minimum Wages Act, 1948 (11 of 1948) or ten rupees, whichever
is the highest].
(2) No woman shall be entitled to maternity benefit unless she has actually worked in
an establishment of the employer from whom she claims maternity benefit, for a
period of not less than [16] [eighty days] in the twelve months immediately preceding
the date of her expected delivery:
Provided that the qualifying period of [17] [eighty days] aforesaid shall not apply to a
woman who has immigrated into the State of Assam and was pregnant at the time of
the immigration.
Explanation.-For the purpose of calculating under the sub-section the days on which a
woman has actually worked in the establishment [18] [the days for which she has been
laid off or was on holidays declared under any law for the time being in force to be
holidays with wages] during the period of twelve months immediately preceding the
date of her expected delivery shall be taken into account.
[(3) The maximum period for which any woman shall be entitled to maternity benefit
shall be twelve weeks of which not more than six weeks shall precede the date of her
expected delivery:]
Provided that where a woman dies during this period, the maternity benefit shall be
payable only for the days up to and including the day of her death:
[Provided Further that where a woman, having been delivered of a child, dies during
her delivery or during the period immediately following the date of her delivery for
which she is entitled for the maternity benefit, leaving behind in either case the child,
the employer shall be liable for the maternity benefit for that entire period but if the
child also dies during the said period, then, for the days up to and including the date of
the death of the child.]
[5A. Continuance of payment of maternity benefit in certain cases.-Every
woman entitled to the payment of maternity benefit under this Act shall,
notwithstanding the application of the Employees' State Insurance Act, 1948 (34 of
1948), to the factory or other establishment in which she is employed, continue to be
so entitled until she becomes qualified to claim maternity benefit under Section 50 of
that Act.]
[5B. Payment of maternity benefit in certain cases.-Every woman(a) who is employed in a factory or other establishment to which the provisions
of the Employees’ State Insurance Act, 1948 (34 of 1948), apply;
(b) whose wages (excluding remuneration for over-time work) for a month
exceed the amount specified in sub-clause (b) of clause (9) of Section 2 of
that Act; and
(c) who fulfils the conditions specified in sub-section (2) of Section 5,
shall be entitled to the payment of maternity benefit under this Act.]
7. Payment of maternity benefit in case of death of a woman.-If a woman entitled
to maternity benefit or any other amount under this Act, dies before receiving such
maternity benefit or amount, or where the employer is liable for maternity benefit
under the second proviso to sub-section (3) of Section 5, the employer shall pay such
benefit or amount to the person nominated by the woman in the notice given under
Section 6 and in case there is no such nominee, to her legal representative.
8. Payment of medical bonus.-Every woman entitled to maternity benefit under this
Act shall also be entitled to receive from her employer a medical bonus of [24] [two
hundred and fifty rupees], if no pre-natal confinement and post-natal care is provided
for by the employer free of charge.
[9. Leave for miscarriage etc.-In case of miscarriage or medical termination of
pregnancy, a woman shall, on production of such proof as may be prescribed, be
entitled to leave with wages at the rate of maternity benefit, for a period of six weeks
immediately following the day of her miscarriage or, as the case may be, her medical
termination of pregnancy].
[9A. Leave with wages for tubectomy operation.-In case of tubectomy operation, a
woman shall, on production of such proof as may be prescribed, be entitled to leave
with wages at the rate of maternity benefit for a period of two weeks immediately
following the day of her tubectomy operation].
10. Leave for illness arising out of pregnancy, delivery, premature birth of
child, [miscarriage, medical termination of pregnancy or tubectomy operation].A woman suffering from illness arising out of pregnancy, delivery, premature birth of
child [miscarriage, medical termination of pregnancy or tubectomy operation] shall,
on production of such proof as may be prescribed, be entitled, in addition to the period
of absence allowed to her under Section 6, or, as the case may be, under Section 9, to
leave with wages at the rate of maternity benefit for a maximum period of one month.
11. Nursing breaks.-Every woman delivered of a child who returns to duty after
such delivery shall, in addition to the interval for rest allowed to her, be allowed in the
course of her daily work two breaks of the prescribed duration for nursing the child
until the child attains the age of fifteen months.
12. Dismissal during absence of pregnancy.-(1) When a woman absents herself
from work in accordance with the provisions of this Act, it shall be unlawful for her
employer to discharge or dismiss her during or on account of such absence or to give
notice of discharge or dismissal on such a day that the notice will expire during such
absence, or to vary to her disadvantage any of the conditions of her service.
(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the
woman but for such discharge or dismissal would have been entitled to maternity
benefit or medical bonus referred to in Section 8, shall not have the effect of depriving
her of the maternity benefit or medical bonus:
Provided that where the dismissal is for any prescribed gross misconduct, the
employer may, by order in writing communicated to the woman, deprive her of the
maternity benefit or medical bonus or both.
[(b) Any woman deprived of maternity benefit or medical bonus, or both, or
discharged or dismissed during or on account of her absence from work in accordance
with the provisions of this Act, may, within sixty days from the date on which order of
such deprivation on discharge or dismissal is communicated to her, appeal to such
authority as may be prescribed, and the decision of that authority on such appeal,
whether the woman should or should not be deprived of maternity benefit or medical
bonus, or both, or discharged or dismissed shall be final.]
(c)
Nothing contained in this sub-section shall affect the provisions contained in
sub-section (1).
13. No deduction of wages in certain cases.-No deduction from the normal and
usual daily wages of a woman entitled to maternity benefit under the provisions of this
Act shall be made by reason only of(a) the nature of work assigned to her by virtue of the provisions contained in subsection (3) of Section 4; or
(b) breaks for nursing the child allowed to her under the provisions of Section 11.
Equal Remuneration Act 1976
4. Duty of employer to pay equal remuneration to men and women workers for
same work or work of a similar nature. –
(1) No employer shall pay to any worker, employed by him in an establishment of
employment, remuneration, whether payable in cash or in kind, at rates less
favourable than those at which remuneration is paid by him to the workers of
the opposite sex in such establishment or employment for performing the same
work or work of a similar nature.
(2) No employer shall, for the purpose of complying with the provisions of subsection (1), reduce the rate of remuneration of any worker.
(3) Where, in an establishment or employment, the rates of remuneration payable
before the commencement of this Act for men and women workers for the
same work or work of a similar nature are different only on the ground of sex,
then the higher (in cases where there are only two rates), or, as the case may be
the rate at which remuneration shall be payable, on an from such
commencement to such men and women.
Provided that nothing in this sub-section shall be deemed to entitle a
worker to the revision of the rate of remuneration payable to him or her with
reference to the service rendered by him or her before the commencement of
this Act.
5.
No discrimination to be made while recruiting men and women workers.- On
and from the commencement of this Act, no employer shall, while making
recruitment for the same work or work of a similar nature, 1*[or in any condition
of service subsequent to recruitment such as promotions, training or transfer,] make
any discrimination against women except where the employment of women in such
work is prohibited or restricted by or under any law for the time being in force:
Provided that the provisions of this section shall not affect any priority or
reservation for Scheduled Castes or Scheduled Tribes, ex-servicemen, retrenched
employees or any other class or category of persons in the matter of recruitment to the
posts in an establishment or employment.
Building and other construction workers
(Regulation of Employment and Conditions of Service)
Act 1996 and Cess Act 1996
CHAPTER – I
PRELIMANRY
ii)
Short title, extent, commencement and application – (1) This Act may be
called the building and other construction workers (Regulation of Employment
and Conditions of Service) Act, 1996
(2) It extends to the whole of India.
(3) It shall be deemed to have come into force on the 1st say of March, 1996.
(4) It applies to every establishment which employs, or had employed on any
building or other construction work.
iii) Definitions – (1) In this Act, unless the context otherwise requires –
(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
communication, dams, canals, reservoirs, watercourses, tunnels, bridges,
viaducts, aqueducts, pipelines, tower, 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, semiskilled, 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 of by reason of
the power vested in him, functions mainly of a managerial nature;
CHAPTER – VI
HOURS OF WORK, WELFARE MEASURES AND OTHER CONDITIONS OF
SERVICE OF BUILDING WORKSERS
32. Drinking water – (1) The employer shall make in every place where building
or other construction work is in progress, effective arrangements to provide and
maintain at suitable points conveniently situated for all persons employed therein, a
sufficient supply of wholesome drinking water.
(2) All such points shall be legibly marked "Drinking Water” in a language
understood by a majority of the persons employed in such place and no such point
shall be situated within six metres of any washing place, urinal or latrine.
33. Latrines and urinals – In every place where building or other construction
work is carried on, the employer shall provide sufficient latrine and urinal
accommodation of such types as may be prescribed and they shall be so
conveniently situated as may be accessible to the building workers at all times
while they are in such place:
Provided that it shall not be necessary to provide separate urinals in any
place where less than fifty persons are employed or where the latrines are connected
to a water-borne sewage system.
34. Accommodation – (1) The employer shall provide, free of charges and within
the works site or as near to it as may be possible, temporary living accommodation to
all building workers employed by him for such period as the building or other
construction work is in progress.
(2)
The temporary accommodation provided under sub-section (1) shall have
separate cooking place, bathing, washing and lavatory.
(3)
As soon as may be, after the building or other construction works is over, the
employer shall, at his own cost, cause removal or demolition of the temporary
structures erected by him for the purpose of providing living accommodation, cooking
place or other facilities to the building workers as required under sub-section (1) and
restore the ground in good level and clean condition.
(4)
In case an employer is given any land by a Municipal Board or any other local
authority for the purposes of providing temporary accommodation for the construction
work is over, return the possession of such land in the same condition in which he
received the same.
35. Crèches –
(1) In every place wherein, more than fifty female building workers are ordinarily
employed, there shall be provided and maintained a suitable room or rooms for
the use of children under the age of six years of such female workers.
(2) Such rooms shall –
a. provide adequate accommodation;
b. be adequately lighted and ventilated;
c. be maintained in a clean and sanitary condition;
d. be under the charge of women trained in the care of children and infants.
Part – III
SAFETY AND HEALTH
Chapter – VI
GENERAL PROVISIONS
38. Lifting and carrying of excessive weight – An employer shall ensure at a
construction site of a building or other construction work that –
(a) no building worker lifts by hand or carries overhead or over his back or
shoulders any material, article, tool or appliances exceeding in weight
the maximum limits set out in the following table: -
Person
Maximum Weight Load
Adult man
55 kg
Adult woman
30 kg
Adolescent male
30 kg
Adolescent female
20 kg
unless aided by any other building worker or a mechanical device.
(b) 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 sum total of maximum limits
set out for each building worker separately under clause (a), unless
aided by mechanical device.
Chapter XXIV
MEDICAL FACILITIES
232.
Emergency care services or emergency treatment – The employer shall
ensure at a construction site of a building or other construction work that –
a. essential life-saving aides and appliances required to handle –
(i) head injuries and…….
(ii) bleeding;
(iii) fractures……….
(iv) crush……..
(v) shock,………
(vi) dehydration………
(vii) snake bite,………..
(viii) burns,………
(ix) bends………
(x) other surgical, gynecological, obstetric or paediatric emergencies;
THE BUILDING AND OTHER CONSTRUCTION WORKERS’ WELFARE CESS
ACT, 1996
(28 of 1996)
An act to provide for the levy and collection of a cess on the cost of
construction incurred by employers with a view to augmenting the resources of the
Building and Other Construction Workers’ Welfare Boards constituted under the
Building and Other Construction Workers (Regulation of Employment and Conditions
of Service) Act, 1996.
Be it enacted by Parliament in the Forty-seventy Year of the Republic of India
as follows:1. Short title, extent and commencement – (1) This Act may be called the
Building and Other Construction Workers’ Welfare Cess Act, 1996.
(2) It extends to the whole of India.
(3) It shall be deemed to have come into force on the 3rd day of November, 1995.
2. Definitions.- In this Act, unless the context otherwise requires, (a) “Board” means a Building and Other Construction Workers’ Welfare Board
constituted by a State Government under sub-section (1) of section 18 of the
Building and Other C0nstruction Workers (Regulation of Employment and
Conditions of Service) Act, 1996;
(b) “Fund” means the Building and Other Construction Workers’ Welfare Funds
constituted by a Board;
(c) “prescribed” means prescribed by rules made under this Act;
(d) words and expressions used herein but not defined and defined in the Building
and Other Construction Workers (Regulation of Employment and Conditions
of Service) Act, 1996 shall have the meanings respectively assigned to them in
that Act.
3. Levy and collection of cess. - (1) There shall be levied and collected a cess for
the purpose of the Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996, 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.
(2) The cess levied under sub-section (1) shall be collected from every employer in
such manner and at such time, including deduction at source in relation to a
building or other construction work of a Government or of a public sector
undertaking or advance collection through a local authority where an approval
of such building or other construction work by such local authority is required,
as may be prescribed.
(3) The proceeds of the cess collected under sub-section (2) shall be paid by the
local authority or the State Government collecting the cess to the Board after
deducting the cost of collection of such cess not exceeding one per cent. of the
amount collected.
(4) Notwithstanding anything contained in sub-section (1) or sub-section (2), the
cess leviable under this Act including payment of such cess in advance may,
subject to final assessment to be made, be collected at a uniform rate or rates as
may be prescribed on the basis of the quantum of the building or other
construction work involved.
THE BUILDING AND OTHER CONSTRUCTION WORKERS’ WELFARE CESS
RULES, 1998
2. Definitions.- In these rules, unless the context otherwise requires,(a) “Act” means the Building and Other Construction Workers’ Welfare Cess Act,
1996 (Act 28 of 1996);
(b) “Main Act” means the Building and Other Construction Workers (Regulation
of Employment and Conditions of Service) Act, 1996 (Act 27 of 1996);
(c) “Form” means the form annexed to these rules;
(d) all other words and expressions used in these rules but not defined and defined
in the Act or in the main Act shall have the meanings respectively assigned to
them in those Acts;
(e) “specified” means specified by a State Government by an order published in
the Official Gazette;
(f) “Cess Collector” means an officer appointed by the State Government for
collection of cess under the Act;
(g) “Assessing Officer” means a gazetted officer of a State Government or an
officer of a local authority holding an equivalent post to a gazetted officer of
the State Government appointed by such State Government for assessment of
Cess under the Act;
(h) “Appellate Authority” means an officer, senior in rank to the Assessing
Officer, appointed by the State Government for the purposes of section 11 of
the Act.
Payment of Gratuity Act 1972
2. Definitions – In this Act, unless the context otherwise requires –
(a) “appropriate Government” means –
(i) in relation ……….
(a)
belonging to…………….
(b)
having branches in more than one State,
(c)
of a factory belonging ………..
(d)
of a major port…………..
(ii) in any………….
(b) “completed year………….
(c) “continuous………..
(d) “controlling authority”………..
(e) “employee”…………….
(f) “employer”…………….
(g) “factory”………………
(h) “family” in relation to an employee, shall be deemed to consist of –
(i) in the case of a male employee, himself, his wife, his children, whether married or
unmarried, his dependent parents and the dependent parents [and the dependent
parents of his wife and the widow] and children of his predeceased son, if any,
(ii) in the case of female employee, herself, her husband, her children, whether married
or unmarried, her dependent parents and the dependent parents of her husband and
the widow and children of her predeceased son, if any,
2A. CONTINUOUS SERVICE. - For the purposes of this Act, (1) an employee shall be said to be in continuous service for a period if he has, for that
period, been in uninterrupted service, including service which may be interrupted on account
of sickness, accident, leave, absence from duty without leave (not being absence in respect of
which an order treating the absence as break in service has been passed in accordance with
the standing order, rules or regulations governing the employees of the establishment), lay
off, strike or a lock-out or cessation of work not due to any fault of the employee, whether
such uninterrupted or interrupted service was rendered before or after the commencement of
this Act.
(2)
where an employee (not being an employee employed in a seasonal establishment) is
not in continuous service within the meaning of clause (1), for any period of one year or six
months, he shall be deemed to be in continuous service under the employer –
(a) for the said period of one year, if ………
(i) one hundred and ninety days………….
(ii) two hundred ……….
(b) for the said period of six months, if …………..
(i) ninety-five days, ………….
(ii) one hundred ……………..
[Explanation: For the purpose of clause (2), the number of days on which an employee has
actually worked under an employer shall include the days on which –
(i) he has been ………………..
(ii) he has been on leave……….
(iii) he has been absent …………
(iv) in the case of a female, she has been on maternity leave; so, however, that the total
period of such maternity leave does not exceed twelve weeks.]
Inter State Migrant Workmen Act 1979
THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT
AND CONDITIONS OF SERVICES) CENTRAL RULES, 1980
Chapter – II
11. Forms and terms and conditions of licence –
(1) Every licence issued under sub-section (1) of section 8 shall be in Form
VIII.
(2) Every licence granted under sub rule (1) or renewed under rule 15 be
subject to the following conditions, namely:(i) the licence………….
(ii) the terms………….
(iii) the number of migrant………….
(iv) the number of workmen……….
(v) the rates of……………………..
(vi) save as provided………………..
(vii)
a. in cases……….
b. in other cases, the wage………
(viii) every migrant workman……..
(ix) no female migrant workman shall be employed by any contractor
before 6 A.M. or after 7 A.M.
Chapter – V
MEDICAL AND OTHER FACILITIES TO BE PROVIDED TO MIGRANT
WORKMAN
43. Washing Facilities – (1) In every establishment adequate and suitable
facilities for washing shall be provided and maintained for the use of migrant
workmen employed therein.
(2) Separate and adequately screened facilities shall be provided for the use of
male and female migrant workmen.
(3) Such facilities shall be conveniently accessible and shall be kept in clean
and hygienic condition.
44. Crèche – (1) In every establishment where 20 or more workmen are
ordinarily employed as migrant workmen and in which employment of migrant
workmen is likely to continue for three months or more, the contractor shall
provide and maintain two rooms of reasonable dimensions for the use of their
children under the age of six years, within fifteen days of the coming into force of
the rules, in case of existing establishment, and within fifteen days of the
commencement of the employment of not less than twenty women as migrant
workmen in new establishments.
(2) One of such rooms shall be used as playroom for the children and the other as
bedroom for the children.
(3) If the contractor fails to provide the crèche within the time laid down, the same
shall be provided by the Principal Employer within fifteen days of the expiry of the
time allowed to the Contractor.
(4) The contractor or the principal employer as the case may be, shall supply
adequate number of toys and games in the play rooms and sufficient number of
cots and beddings in the sleeping room.
(5) The crèche shall be so constructed as to afford adequate protection against heat,
damp, wind rain and shall have smooth, hard and impervious floor surface.
(6) The crèche shall be at a convenient distance from the establishment and shall
have adequate supply of wholesome drinking water.
(7) Effective and suitable provisions shall be made in every room of the crèche for
securing and maintaining adequate ventilation by circulation of fresh air and there
shall also be provided and maintained sufficient and suitable natural or artificial
lightning.
The Child Labour (Provisions and Regulation Act), 1986
The above act prohibits employment of children in certain occupations and
processes. Section 3 of the act provides that no child shall be employed or permitted
to work in any of the occupation set fourth in Part A of the schedule or in any
workshop, wherein, any of the processes set fourth in Part B of the schedule is carried
on. Under Part B of the schedule, Building and Construction Industry is mentioned,
which includes road making, as such, the act shall be applicable to the
construction/up-gradation of road under PMGSY.
Part - II
PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS
AND PROCESSES
3. Prohibition of employment of children in certain occupations and processes
–
No child shall be employed or permitted to work in any of the occupations set
forth in Part A of the Schedule or in any workshop wherein any of the processes
set forth in Part B of the Schedule is carried on:
Provided that nothing in this section shall apply to any workshop wherein any
process is carried on by the occupier with the aid of his family or to any school
established by, or receiving assistance or recognition from, Government.
The Factories Act 1948
Chapter V
WELFARE
43. Washing Facilities – (1) In every factory –
(a) adequate and suitable facilities for washing shall be provided and
maintained for the use of the workers therein;
(b) separate and adequately screened facilities shall be provided for the use of
male and female workers;
(c) such facilities shall be conveniently accessible and shall be kept clean.
(2) The State Government may, in respect of any factory or class or description of
factories or of any manufacturing process, prescribe standards of adequate and
suitable facilities for washing.
Chapter VI
WORKING HOURS OF ADULTS
66.
Further restriction on employment of women – (1) The provision of this
Chapter shall, in their application to women in factories, be supplemented by the
following further restrictions, namely: (a) no exemption from the provisions of section 54 may be granted in
respect of any woman;
(b) no woman shall be [required or allowed to work in any factory] except
between the hours of 6 AM and 7 PM.:
Provided that the State Government may, by notification in the
Official Gazette, in respect of [any factory or group or class or
description of factories,] vary the limits laid down in clause (b), but so
that no such variation shall authorize the employment of any woman
between the hours of 10 PM and 5 AM.
(c) there shall be no change of shifts except after a weekly holiday or any
other holiday.]
(2) The State Government may make rules providing for the exemption from the
restrictions set out in sub-section (1), to such extent and subject to such
conditions as it may prescribe, of women working in fish curing or fish
canning factories, where the employment of women beyond the hours
specified in the said restrictions is necessary to prevent damage to, or
deterioration in, any raw material.
(3) The rules made under sub-section (2) shall remain in force for not more than
three years at a time.
The Industrial Employment (Standing orders) Central Rule 1946
SCHEDULE – I
[MODEL STANDING ORDERS IN RESPECT OF INDUSTRIAL ESTABLISHMENT
NOT BENIG INDUSTRIAL ESTABLISHMENTS IN COAL MINES]
15.
Disciplinary action for misconduct –
(1) A workman may be fined up to two percent of his wages in a month for
nay of the following acts and omissions, namely:…………………………………………………………………………………
…………………………………………………………………………………
…………
Note – Specify the acts and omissions which the employer may notify with the
previous approval of the…Government or of the prescribed authority in
pursuance of section 8 of the Payment of Wages Act, 1936.
(2) A workman may be suspended for a period nor exceeding four days at a
time or dismissed without notice or any compensation in lieu of notice, if he is
found to be guilty of misconduct.
(3) The following acts and omissions shall be treated as misconduct:(a) willful in-subordination………….
(b) theft………….
(c) willful damage…………….
(d) taking or giving………..
(e) habitual absence………
(f) habitual late…………..
(g) habitual breach……….
(h) riotous or …………….
(i) habitual negligence……….
(j) frequent repetition…………..
(k) striking work…………….
(l) sexual harassment which includes such un-welcome sexual
determined behaviour (whether directly or by implication) as –
(i) physical contact and advances; or
(ii) demand or request for sexual favours; or
(iii) sexually coloured remarks; or
(iv) showing pornography; or
(v) any other un-welcome physical, verbal or non-verbal conduct of
sexual nature.