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Section 4

The Building and other Construction Workers (Regulation of Employmentand Conditions of Service) Ordinance, 1995Ordinance · 1995

(1) The State Government shall constitute a committee to be called the State Building and other Construction Workers Advisory Committee (hereinafter rcfcircd to as the State Advisory Committee) to advise the State Government on such mattcis ansing out of the administration of this Ordinance as may be refened to it

(2) The State Advisory Committee shall consist of—

(a) a Chairperson to be appointed by the State Government;

(b) a member to be nominated by the Central Government,

(c) the Chief Inspector—member, ex officto,

(d) such number of other members, not exceeding eleven, but not less than seven, as the State Government may nominate to represent the cmploycis, building workers, associations of architects, engineers, accident insurance institutions and any other interests which, in the opinion of the State Government, ought to be represented on the State Advisory Committee

(3) The number of persons to be appointed as members from each of the categories specified in sub-section (2), the term of office and other conditions of service of, the pioccduic to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of State Advisory Committee shall be such as may be prescribed:

Provided that the number of members nominated to represent the building workers shall not be less than the number of members nominated to represent the employers

5. (/) The appiopriate Government may constiitute one or more expert committees consisting of persons specially qualified in building or other construction woik for advising that Government for making rules under this Ordinance.

(2) The members of the expert committee shall be paid such fees and allowances for attending the meetings of the committee as may be prescribed

Provided that no tec or allowances shall be payable to a member who is an officci of Government or of any body corporate established by or under any law for the time being in force.

CHAPTER III REGISTRATION OF ESTABLISHMENTS

6. The appropnatc Government may, by order notified in the Offical Gazette,—

(a) appoint such persons, being Gazetted Officers of Government, as it thinks fit to be registering officers for the purposes of this Ordinance; and

(b) define the limits within which a registering officer shall exercise the powers confcircd on him by or under this Ordinance.

7. (/) Evciy employer shall,—

(a) m relation to an establishment to which this Ordinance applies on its commencement, within a period of sixty days from such commencement; and Sue. 11 THE GAZETTE OF INDIA EXTRAORDINARY 5

(6) in relation to any other establishment to which this Ordinance may be applicable at any time after such commencement, within a period of sixty days from the date on which this Ordinance becomes applicable to such establishment, make an application to the registering officer for the registration of such establishment:

Provided that the registering officer may entertain any such application after the expiry of the periods aforesaid, if he is satisfied that the applicant was prevented by sufficient cause from making the application within such period.

(2) Every Application under sub-section (1) shall be in such form and shall contain such particulars and shall be accompanied by such fees as may be prescribed.

(3) After the receipt of an application under sub-section (/), the registering officer shall register the establishment and issue a certificate of registration to the employer thereof in such form and within such time and subject to such conditions as may be prescribed.

(4) Where, after the registration of an establishment under this section, any change occurs in the ownership or management or other prescribed particulars in respect of such establishment, the particulars regarding such change shall be intimated by the employer to the registering officer within thirty days of such change in such form as may be prescribed.

8. If the registering officer is satisfied, either on a reference made to him in this behalf or otherwise, that the registration of any establishment has been obtained by misrepresentation or suppression of any material fact or that the provisions of this Ordinance are not being complied with in relation to any work carried on by such establishment, or that for any other reason the registration has become useless or ineffective and, therefore, requires to be revoked, he may, after giving an opportunity to the employer of the establishment to be heard, revoke the registration.

9. (V) Any person aggrieved by an order made under section 8 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to the appellate officer who shall be a person nominated in this behalf by the appropriate Government:

Provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) On receipt of an appeal under sub-section (i), the appellate officer shall, after giving the appellant an opportunity of being heard, confirm, modify or reverse the order of revocation as expeditiously as possible.

10. No employer of an establishment to which this Ordinance applies shall,—

(a) in the case of an establishment required to be registered under section 7, but which has not been registered under that section;

(b) in the case of an establishment the registration in respect of which has been revoked under section 8 and no appeal has been preferred against such order of revocation under section 9 within the period prescribed for the preferring of such appeal or where an appeal has been so preferred, such appeal has been dismissed, employ building workers in the establishment after the expiry of the period preferred to in clause (a) or clause (b) of sub-section (7) of section 7, or after the revocation of registration under section 8 or after the expiry of the period for preferring an appeal under section 9 or after the dismissal of the appeal, as the case may be.

Revocation of registration incertain cases.

Appeal.

Effect of non-registration.

6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Beneficiaries of the Fund.

Registration of building workers as beneficiaries.

Identity cards.

Cessation as a beneficiary.

Register of beneficiaries.

Contribution of building workers.

CHAPTER IV REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES

11. Subject to the provisions of this Ordinance, every building worker registered as a beneficiary under this Ordinance shall be entitled to the benefits provided by the Board from its Fund under this Ordinance.

Where this provision sits

ActThe Building and other Construction Workers (Regulation of Employmentand Conditions of Service) Ordinance, 1995
Section4
StatusIn force as published by the source

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