(1) Every employer shall, in respect of each work on which he employs building workers, maintain-
(a) muster-roll and a register of wages in Form XVI and Form XVII, respectively, annexed to these rules:
Provided that a combined register of wage-cum-muster roll in Form XVIII, annexed to these rules shall be maintained by the employer where the wage period for such building worker is a fortnight or less;
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(b) a register of deductions for damage or loss, register of fines and register of advances in Form XIX, Form XX and Form XXI respectively, annexed to these rules;
(c) a register of over time in Form XXII annexed to these rules, for recording therein the number of hours of and the wages paid for, overtime work, if any.
(2) Every employer shall, in respect of each work on which he engages building workers
(a) issue where the wage period is one week or more, wage book to each of such building worker in Form XXIII annexed to these rules to such building workers in which entries shall be made at least a day prior to the disbursement of wages to them ;
(b) issue a service certificate to each of such building worker in Form XXIV annexed to these rules to such building workers on termination of his service on account of completion of such work or for any other reason ;
(c) obtain signature or thumb-impression of each such building worker against entries relating to him on the register of wages or muster roll-cum-wages register, as the case may be, and such entries shall be authenticated by the employer or his authorised representative"
(3) In respect of an establishment to which the Payment of Wages Act, 1936 (4 of 1936), or Minimum Wages Act, 1948 (11 of 1948) or the Contract Labour (Regulation and Abolition) Act, 1910 (31 of 1970) applies the following registers and records required to be maintained by an employer under any of such Acts or the rules made there under, shall be deemed to be the registers and records maintained by the employer under these rules, namely:- a. muster-roll;
b. register of wages ;
c. register of deductions :
d. register of overtime;
e. register of fines ;
t. register of advances;
g. combined register of wages-cum-muster roll.
(4) Notwithstanding anything contained in these rules, where a combined or alternative form, in lieu of any of form specified under these rules, is sought to be used by an employer to avoid duplication of work for compliance with the provisions of any other Act or the rules framed there under or for administrative convenience, such combined or alternative form may be used with the prior approval of the Chief Inspector.
(5) Every employer shall, display at the conspicuous place of the work site where he employs building workers, an abstract of the Act and these rules in English and in Hindi and in a language understood by the majority of such building workers in such forms as may be approved by the Chief Inspector.
(6) Every employer shall ensure that the registers and other records required to be maintained under the Act or these rules, are maintained complete and up-to-date, and, unless otherwise provided 101 for, are kept at an office or the nearest convenient building within the precincts of the concerned workplace.
(7) The registers and other records relating to an establishment and required to be maintained under the Act or these rules, shall be maintained legibly in English or in Hindi.
(8) All the registers and other records shall be preserved by the employer, with whom such register or other record belongs, in original for a period of three calendar years from the date of last entry therein.
(9) Every register, record or notice maintained under the Act, or these rules shall be produced or caused to be produced by the employer concerned on demand before the Inspector or any other authority under the Act or any other person authorized by the State Government for such purpose.
(10) In case, where during a wage period, no deduction has been made from the wage of a building worker or no fine has been imposed on such building worker or no overtime work has been performed by such building worker or no payment has been made for overtime work to such building worker, a "nil" entry shall be made against such wage period at the appropriate place in the relevant register maintained in Form XIX, XX, XXI or XXII, as the case may be.
245. Returns - Every employer of a registered establishment shall send annually a return relating to such establishment in duplicate in Form XXV annexed to these rules to the registering officer having jurisdiction so as to reach him not later than the fifteenth February following the end of each calendar year with a copy to the Inspector having jurisdiction.
[1]“Provided further that notwithstanding the provisions contained in this Rule in such cases where online Annual return is filed in such format as may be prescribed by the Government for purpose it may be filed only for the period not later than 30th June of every year.”
Provided that the Government, by order, may devise or notify consolidated forms for maintaining registers and records in lieu of the forms prescribed in these rules.
Provided further that the Government may allow the registers and records to be maintained in computerized or digital formats.”
246. Powers of various authorities appointed under the Act to Call for information - (1) The State Advisory Committee or a Sub-Committee of the State Advisory Committee, the Chief Inspector or the Inspector or the Welfare Board authorities or any other authority under the Act, shall have the powers to call for any information or statistics in relation to building workers from any employer at any time by an order in writing.
[1] Inserted by amendment Rules of 2015 vide notification No.-2497, dated-14.12.2015.
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(2) Any person called upon to furnish the information under sub-rule (1) shall be legally bound to do so.
CHAPTER XXVIII WELFARE OF BUILDING WORKERS
247. Latrine and urinal accommodation - Latrines or urinals, as the case may be, required to be provided under section 33 of the Act shall be of the types as specified below, namely;-
(a) every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a proper door and fastenings ;
(b) (i) where both male and female building workers are employed, there shall be displayed outside each block of latrines or urinals a notice containing therein "For Men Only" or "For Women Only", as the case may be, written in the language understood by the majority of such workers;
(ii) such notice shall also bear the figure of a man or of a women, as the case may be;
(c) every latrine urinal shall be conveniently situated and accessible to building workers at all times;
(d) every latrine or urinal shall be adequately lighted and shall be maintained in a clean and sanitary condition at all times ;
(e) every latrine or urinal other than those connected with a flush sewage system shall comply with the requirements of the public health authorities ;
(f) water shall be provided by means of a tap or otherwise so as to be conveniently accessible in or near every latrine or urinal ;
(g) the walls, ceilings and partitions of every latrine or urinal shall be white washed or colour washed once in every period of four months.
248. Canteens - (1) In every establishment to which the Act applies and where in work regarding the employment of building or other construction work is likely tp continue for six months or more and wherein building workers numbering 250 or more are ordinarily employed, an adequate canteen shall be provided by the employer for the use of such building workers within sixty days of the date of coming into force of the rules in case of existing establishment or of the commencement of the employment of the building workers in the case of new establishment.
(2) The canteen, referred to in sub-rule (1) shall consist of a dining hall with furniture sufficient to accommodate building workers using such canteen, a kitchen, store room, pantry and washing places separately for building workers and for utensils.
(3) (i) The canteen referred to in sub-rule (1) shall be sufficiently lighted at all times when any person has access to it ;
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(ii) the floor of such canteen shall be made of smooth and impervious material and inside walls of such canteen shall be lime-washed or colour-washed at least once in every six months ; Provided that such inside walls of the kitchen of such canteen shall be lime-washed once in every three months.
(4) (i) The precincts of the canteen referred to in sub-rule ( 1) shall be maintained in a clean and sanitary condition ;
(ii) waste water from such canteen shall be carried away in suitable covered drains and shall not be allowed to accumulate in the surroundings of such canteen ;
(iii) suitable arrangements shall be made for the collection and disposal of garbage from such canteen.
(5) Building of the canteen referred to in sub-rule (1) shall be situated at the distance not less than fifteen point two metres from any latrine or urinal or any source of dust, smoke or obnoxious fumes.