Miscellaneous

(56) Delegation of powers -

A Board may, by general or special order, delegate to the Chairperson or any other member or to the Secretary or any other officer or employee of the Board, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and duties under this Act as it may deem necessary.

(57) Returns -

Every Board shall furnish from time to time to the Central Government and to the State Government such returns as they may require.

(58) Application of Act 8 of 1923 to building workers -

The provisions of the Workmen's Compensation Act, 1923, shall so far as may be, apply to building workers as if the employment to which this Act applies had been included in the Second Schedule to that Act.

(59) Protection of action taken in good faith -

(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
(2) No prosecution or other legal proceeding shall lie against the Government, any Board or Committees constituted under this Act or any member of such Board or any officer or employee of the Government or the Board or any other person authorised by the Government or any Board or committee, for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made or issued thereunder.

(60) Power of Central Government to give directions -

The Central Government may give directions to tile Government of any State or to a Board as to tile carrying into execution in that State of any of the provisions of this Act.

(61) Power to remove difficulties -

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the official Gazette, make such provisions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty;
Provided that no such order shall made after the expiry of two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

(62) Power to make rules -

(1) The appropriate Government may, after consultation with the expert committee, by notification, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely -

• the number of persons to be appointed as members representing various interests on the Central Advisory Committee and the State Advisory Committees, the term of their office and other conditions of service, the procedure to be followed in the discharge of their functions and the manner of filling vacancies under sub-section (3) of section 3 or, as the case may be, under sub-section (3) of section 4;
• the fees and allowances that may be paid to the members of the expert committee for attending its meetings under sub-section (2) of section 5;
• the form of application for the registration of an establishment, the levy of fees therefor and the particulars it may contain under sub-section (2) of section 7;
• the form of certificate of registration, the time within which and the conditions subject to which such certificate may be issued under sub-section (3) of section 7;
• the form in which the change in ownership or management or other particulars shall be intimated to the registering officer under sub-section (4) of section 7;
• the form in which an application for registration as a beneficiary shall be made under sub-section (2) of section 12;
• the document and the fee which shall accompany the application under sub-section (3) of section 12;
• the registers which the Secretary of the Board shall cause to be maintained under sub-section (6) of section 12;
• the benefits which may be given under sub-section (2) of section 14;
• the form in which register of beneficiaries shall be maintained under section 15;
• the terms and conditions of appointment, the salaries and other allowances payable to, and the manner of filling of casual vacancies of, the Chairperson and other members of the Board under sub-section (4) of section 18;
• the terms and conditions of service and the salaries and allowances payable to the Secretary and the other officers and employees of the Board under sub-section (3) of section 19;
• the time and place of the meeting of the Board and the rules of procedure to be followed at such meeting under sub-section (1) of section 20 including quorum necessary for the transaction of business;
• the amount payable as house building loans or advances, the terms and conditions of such payment under clause (c), educational assistance under clause (e) medical expenses payable and the persons who shall be the dependent of the beneficiaries under clause (f), and the other welfare measures for which provision may be made under clause (h) of sub-section (1) of section 22;
• the limits of grants-in-aid payable to the local authorities and employers Under clause (b) of sub-section (3) of section 22;
• the form in which and the time within which the budget of the Board shall be prepared and forwarded to Government under section 25;
• the form in which and the time within which the annual report of the Board shall be submitted to the State Government and the Central Government under section 26;
• the form of annual statement of accounts under sub-section (1), and the date before which the audited copy of the accounts together with the auditor's report shall be furnished under sub-section (4) of section 27:
• the matters required to be provided under sub-section (1) of section 28 and the extent up to which, and the conditions subject to which, the provisions of that sub-section shall apply to the building workers under sub-section (2) of that section;
• the registers and records that shall be maintained by the employer and the form in which such registers and records shall be maintained and the particulars to be included therein under sub-section (1) of section 30;
• the form and manner in which a notice shall be exhibited and the particulars it may contain under sub-section (2) of section 30;
• the issue of wage books or wage slips to building workers and the manner in which entries are to be made and authenticated in wage books or wage slips under sub-section (3) of section 30;
• the types of latrines and urinals required to be provided under section 33;
• the first-aid facilities which are to be provided under section 36;
• the canteen facilities which are to be provided under clause (a) of section 37;
• the welfare measures which are to be provided Under clause (b) of section 37;
• the number of representatives of the employer and the building workers under sub-section (1) of section 38 and the qualifications of safety officers and tile duties to be performed by them under sub-section (2) of that section;
• tile form of notice of accident, other matters to be provided in this behalf and the time within which such notice shall be given under sub-section (1) of section 39;
• the rules to be made for the safety and health of building workers under section 40;
• the powers that may be exercised by an Inspector under clause (e) of sub- section (1) of section 43 and the qualifications and experience which the experts or agencies employed under sub-section (2) of that section shall possess and the terms and conditions on which such experts or agencies may be employed;
• the date on or before which wages shall be paid to a building worker under section 45;
• the matters which are required to be prescribed under clause (i) of sub-section (1) of section 46;
• any other matter which is required to be, or may be, prescribed.

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(4) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or, where such Legislature consists of one House, before that House.

(63) Saving of certain laws -

Nothing contained in this Act shall affect the operation of any corresponding law in a State providing welfare schemes which are more beneficial to the building and other construction workers than those provided for them by or under this Act.

(64) Repeal and saving -

(1) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Third Ordinance, 1996 (Ord. 25 of 1996), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.