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OVERVIEW STATUTES
APPLICABLE TO CONSTRUCTION
INDUSTRY EXCEPT BOCW ACT
AND RULES
National Safety Council , Hqs.
98‐A,Institutional Area, Sector 15,
CBD Belapur , Maharashtra
NaviMumbai – 400615.
India www.nsc.org.in
Contact no : 022‐ 27579924 /25
(Other than The Building and Other Construction Workers (Regulation of Employment & Conditions of
Service) Act 1996, Central Rules 1998 and various state rules)
1. Background
To start any business enterprise one needs to abide by law of the land. The basic legal
framework for construction industry is being prepared by the Central / State Governments
through various departments / bodies from time to time. Predominant among them are Ministry
of Labour and Employment ( MOLE)- for Labour health &welfare, Ministry of Environment (
MoEF)- for environment protection, Ministry of Power ( MoP)- For energy conservation and
electrical hazards, Ministry of Oil and Natural Gas- for petroleum product handling, Ministry of
Commerce and Industry- for commercial requirements, Ministry of Road transportation-
transportation of construction vehicles, Central and State Pollution Control Boards, Directorate
General, Factory Advice Service and Labour Institutes (DGFASLI) and others.
2. Objective
• To facilitate clear understanding of legislations related to the health, safety and environment
aspects of the construction industry.
• To apprise industry its role, responsibilities and rights under various HSE legislations.
• To help the construction industry in identifying the gaps associated with the applicable
legislations and in devising appropriate actions for closing the gaps.
3. Approach
The different phases of the construction are shown below. The applicable statutes are
depicted further under different categories for easy understanding.
Concept,
Creation of a Pre-Construction,
S.N Planning and
Business Tendering and Construction
o Land
Establishment Contracting
Acquisition
Labour Laws Labour Laws
1 9 Shop & 9 Ancient
Establishment monuments 9 Bonded Labour 9 Maternity Benefit Act, 1961
Act -1948 and System (Abolition) 9 Minimum Wages Act, 1948
9 Central Sales archeological Act, 1976 9 Payment of Bonus Act,
Tax Act, 1956 sites & 9 Child Labour 1965
9 Income Tax remains Act (Prohibition and 9 Payment of Gratuity Act,
Act, 1961 1958 Regulation) Act, 1972
9 Service Tax 9 Land 1986 9 Payment of Wages Act,
Act, 1994 Acquisition Act 9 Contract Labour 1936
9 Indian 1984 (Regulation and 9 Personal Injuries
Contract Act 9 Registration Abolition) Act, 1970 (Compensation Insurance)
1872 Act, 1908 9 Apprentices Act Act, 1963
9 The Right to 1961 9 Weekly Holidays Act, 1942
Fair 9 Industrial Disputes 9 Workmen Compensation
Compensation Act 1947&Industrial Act, 1951
and Disputes Act 9 Employers Liability Act,
Transparency Amendment 2010. 1938
in Land 9 Inter-State Migrant 9 Employees Provident Fund
Acquisition, Workmen and Miscellaneous
Rehabilitation (Regulation of Provisions Act, 1952
and Employment and 9 Employees State Insurance
Resettlement Conditions of Act, 1948
Act, 2013 Service) Act 1979. 9 The Equal Remuneration
Act, 1976
3. Relevant Significant Statues in Construction Industry & Purpose – The Building and
Other Construction Workers (Regulation of Employment & Conditions of Service) Act 1996,
Central Rules 1998 and various state rules are the most important legislations that apply on
4.
S.N
Legislation Purpose of Legislation Statutory Consent & Authority
o
Industrial Laws
1 Petroleum Regulation of safety aspects of License for storage of petroleum
Act, 1934 petroleum refining, storage, pipeline products beyond certain quantities
and transportation.
Authority- Petroleum and Explosives
Safety Organization
2 Inflammable Act brings certain non-petroleum
Substances liquids under the scope of Petroleum
Act 1952 Act 1934
3 The Indian The act was enacted with the
Boilers Act, objective to provide mainly for the
1923 safety of life and property of persons
(amended in from the danger of explosions of
2007) steam boilers and for achieving
uniformity in registration and
inspection during operation and
maintenance of boilers in India.
4 Explosives Regulates manufacture, sale, storage
Act, 1884 and handling of explosives
5 Gas Cylinder Technical and license requirements -Permission for storage of compressed
Rules 2004 for manufacturer and storage of flammable gas in cylinders of total
compressed gas storage vessels quantity more than 100kg
below one tonne capacity .Applicable - Permission for possession of more than
to factories and construction sites 200 compressed gas cylinders
also. Authority- Petroleum and Explosives
Safety Organization
6 Static and Technical and license requirements Prior approval design and layout of
mobile for manufacturer and storage of pressure vessel as per 5 of Static and
pressure compressed gas storage vessels Mobile Pressure Vessel Rules
vessel rules above one tonne capacity Authority- Petroleum and Explosives
1981 Safety Organization
7 The Regulates manufacture, sale, storage
Explosives and handling of explosives
rules, 2008
8 Food Safety Regulates food manufacturer,
Standards Act packaging,, storage, sale and catering
2006 business
9 Food Safety To regulate manufacture, storage,
Standards distribution, sale and import, to ensure
Rules availability of safe and wholesome
food for human consumption.
Manufacture,
Storage and
Rule with an objective of proper
Import of
management of the Manufacture, Storage
Hazardous
and Import of Hazardous Chemicals.
Chemicals
Rules, 1989
2010)
11 Bio Medical Disposal to PCB approved vendors
Waste To regulate the collection, reception, and records
(Management storage, treatment and disposal of bio Authority- Pollution Control
and Handling) medical waste Board
Rules 1998
12 Ozone
A rule that has laid down the regulation of
Depletion
production and consumption of ozone
Substances,
depleting substances.
2000
13 A rule to lay down such terms and Type approval of Diesel
conditions as are necessary to reduce Generators for conformance to
Noise Pollution
noise pollution, permit use of loud noise limits as per Sch. - 1 of EP
Rules
speakers or public address systems during Rules 1986
(regulation and
night hours (between 10:00 p.m. to 12:00
control) 2000
midnight) on or during any cultural or Authority- Pollution Control
religious festive occasion Board
14 The rule regulating every manufacturer, Disposal to PCB approved vendors
importer, re-conditioner, assembler, and records
Batteries dealer, auctioneer, consumer, and bulk Authority- Pollution Control
(Management consumer involved in the manufacture, Board
and Handling) processing, sale, purchase, and use of
Rules,2001 batteries or components so as to regulate
and ensure the environmentally safe
disposal of used batteries.
15 Restricts and regulates the de-reservation
Forest of forests or use of forest land for non-
Conservation forest purposes. The Act lays down the
Act 1980 pre-requisites for the diversion of forest
land for non-forest purposes.
16 No.5-5/86-FC,
[25/11/1994] -
Guidelines for
diversion of
forest lands for Guidelines for diversion of forest lands for
non-forest non-forest purpose.
purpose under
the Forest
(Conservation)
Act, 1980
17 The act that provides for the levy and Records of Water cess paid.
Water Cess
collection of cess or fees on water Authority- Local municipal
Act, 1977
consuming industries and local authorities. corporations
18 The act provides for the protection of birds
Indian Wild Life and animals and for all matters that are
(Protection) connected to it whether it be their habitat
Act, 1972 or the waterhole or the forests that sustain
them.
19 Water Act that establishes an institutional Permission for disposal of waste
(prevention structure for preventing and abating water water from the site
and control of pollution. It establishes standards for water Authority- Local municipal
pollution) Act, quality and effluent. Polluting industries corporations
1974 must seek permission to discharge waste
into effluent bodies.
20
E-Waste (
Disposal to PCB approved vendors
Management & Rules provide guidelines for disposal of
and records
Handling) electronic waste.
Authority- Pollution Control
Rules 2011
Board
21 Plastic Waste Disposal to PCB approved vendors
Management & Rules provide guidelines for disposal of and records
Handling) Plastic waste. Authority- Pollution Control
Rules 2011 Board
LABOUR LAWS
1
Child Labour
(Prohibition and Prohibits employments of person below
Regulation) Act, 14 years of age.
1986
at the site
- License for contractor to engage
more than 20 employees
Authority - Labour
Commissioner
4 The act was enacted to regulate and
Apprentices Act control the program of training of
1961 apprentices and for matters connected
therewith
5 An Act to declare that certain defenses
shall not be raised in suits for damages
Employers in respect of injuries sustained by
Liability Act, workmen Whereas it is expedient to
1938 declare that certain defenses shall not be
raised in suits for damages in respect of
injuries sustained by workmen.
6 Employees
Provident Fund Benefits available to the workers include
And the provident fund, employees deposit
Miscellaneous linked insurance and the pension to the
Provisions Act, workers and their families
1952
7