SPECIAL PROVISIONSCentral

Section 46 of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

(1)An employer shall, at least thirty days before the commencement of any building or other construction work, send or cause to be sent to the Inspector having jurisdiction in the area where the proposed building or other construction work is to be executed, a written notice containing--
1. (a)the name and situation of the place where the building or other construction work is proposed to be carried on;
2. (b)the name and address of the person who is undertaking the building or other construction work;
3. (c)the address to which communications relating to the building or other construction work may be sent;
4. (d)the nature of the work involved and the facilities, including any plant and machinery, provided;
5. (e)the arrangements for the storage of explosives, if any, to be used in the building or other construction work;
6. (f)the number of workers likely to be employed during the various stages of building or other construction work;
7. (g)the name and designation of the person who will be in overall charge of the building or other construction work at the site;
8. (h)the approximate duration of the work;
  1. (i)such other matters as may be prescribed.
(2)Where any change occurs in any of the particulars furnished under sub-section (1), the employer shall intimate the change to the Inspector within two days of such change.
(3)Nothing contained in sub-section (1) shall apply in case of such class of building or other construction work as the appropriate Government may by notification specify to be emergent works.

Summary

Employers must send a written notice to the Inspector at least thirty days before starting any construction work.
The notice must include the name and location of the work site and the person in charge of the project.
It must detail the nature of the work, the machinery used, and any plans for storing explosives.
The employer is required to list the number of workers expected at different stages of the project.
Any changes to the information provided in the notice must be reported to the Inspector within two days.
The government can exempt certain urgent or emergent works from this notice requirement.

Practical examples

1Arjun plans to start building a new apartment complex on October 1st. To comply with the Construction Workers Act, he sends a written notice to the local Inspector by August 30th including the site address and manager's name.

2Priya is managing a road project and decides to hire fifty extra workers for the foundation stage. Since this changes her original notice, she sends an update to the Inspector on Tuesday, forty-eight hours after making the decision.

FAQ

1. When must an employer notify the Inspector about new work under The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996?

Under Section 46 of the Act, the employer must send a written notice at least thirty days before the building or construction work actually begins.

2. What specific details must be in the commencement notice required by Section 46 of the Construction Workers Act?

Section 46 of the Building and Other Construction Workers Act, 1996 requires the notice to include the site location, the person undertaking the work, the nature of the project, machinery provided, explosive storage plans, worker estimates, and the name of the person in charge.

3. How quickly must changes to site details be reported under Section 46 of the Building and Other Construction Workers Act, 1996?

If any information in the original notice changes, the employer must inform the Inspector within two days of that change according to Section 46 of the Act.

4. Can a project start without a thirty day notice under Section 46 of the Building and Other Construction Workers Act, 1996?

Only if the appropriate government has officially notified that specific class of work as emergent work is the thirty day notice requirement waived under Section 46 of the Act.

Test yourself

Q1.Under Section 46 of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, how much lead time is required for a commencement notice?

Q2.If a site manager is replaced, how long does the employer have to notify the Inspector under Section 46 of the Construction Workers Act?

Q3.Which official receives the commencement notice under Section 46 of the Building and Other Construction Workers Act, 1996?

Q4.If an employer fails to send the notice required by Section 46, what is the penalty under Section 48 of the Construction Workers Act?

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