REGISTRATION OF ESTABLISHMENTSCentral

Section 10 of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

No employer of an establishment to which this Act 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(b)in the case of an establishment the registration in respect of which has been revoked under section 8 and no appeal has been preferred against such order of revocation under section 9 within the period prescribed for the preferring of such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 referred to in clause (a) or clause (b) of sub-section (1) 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.

Summary

An employer is strictly forbidden from hiring building workers if their establishment is not registered when it should be.
If an employer fails to register within the Section 7 timeframe, they cannot employ workers after that deadline.
If a registration is revoked under Section 8 and no appeal is filed, the employer must stop employing workers immediately.
If an appeal is filed under Section 9 but is eventually dismissed, the employer can no longer employ workers.
Basically, no valid registration means no legal employment of construction workers.

Practical examples

1Metro Builds ignored the 60 day registration deadline from Section 7. Under Section 10, they are now prohibited from having any workers on their site until they fix it.

2After an appeal under Section 9 was dismissed last week, the owner of Hillside View must stop all work because Section 10 forbids them from employing workers without a valid registration.

FAQ

1. Can an establishment employ workers while its registration is revoked under Section 10 of the Building and Other Construction Workers Act?

No, if the registration is revoked under Section 8 and the appeal period has passed or the appeal was dismissed, employment is prohibited by Section 10.

2. What is the effect of failing to register within the initial 60 days as per Section 10 of the Building and Other Construction Workers Act?

Section 10 prohibits the employer from employing building workers in that establishment after the expiry of the registration period.

3. Does Section 10 of the Building and Other Construction Workers Act apply if an appeal is still pending?

Section 10 kicks in after the period for preferring an appeal expires or after the appeal is dismissed, meaning work might continue during the appeal process itself.

Test yourself

Q1.Under Section 10 of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, when is an employer prohibited from employing workers if they never registered?

Q2.If an employer's registration is revoked under Section 8, and they choose NOT to appeal under Section 9, what does Section 10 of the Building and Other Construction Workers Act require?

Q3.According to Section 10 of the Building and Other Construction Workers Act, what happens if an employer's appeal under Section 9 is dismissed?

Q4.Section 10 of the Building and Other Construction Workers Act links the legality of employment directly to which other requirement?

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