REGISTRATION OF ESTABLISHMENTSCentral

Section 9 of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

(1)Any person aggrieved by an order made under section 8 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to the appellate officer who shall be a person nominated in this behalf by the appropriate Government: Provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2)On receipt of an appeal under sub-section (1), the appellate officer shall, after giving the appellant an opportunity of being heard, confirm, modify or reverse the order of revocation as expeditiously as possible.

Summary

Anyone unhappy with a revocation order has the right to appeal the decision.
An appellate officer, nominated by the government, handles these cases.
The appellate officer can confirm, change, or completely reverse the original revocation order.
The person appealing must be given a chance to be heard during the process.

Practical examples

1On August 1, Mr. Khan receives a notice that his site's registration is revoked. He files an appeal with the nominated officer on August 20, within the 30 day window.

2An employer missed the appeal deadline because they were hospitalized. The appellate officer listens to this reason and agrees to hear the late appeal under Section 9 rules.

FAQ

1. Who hears the appeals under Section 9 of the Building and Other Construction Workers Act?

An appellate officer nominated by the appropriate Government hears the appeals.

2. What can an appellate officer do with a revocation order under the Building and Other Construction Workers Act?

According to Section 9(2), they can confirm, modify, or reverse the order.

3. Can an appeal be filed after 30 days under Section 9 of the Building and Other Construction Workers Act?

Yes, if the appellate officer is satisfied that the person had a sufficient cause for not filing it in time.

Test yourself

Q1.Under Section 9 of The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, to whom is an appeal preferred?

Q2.What is the standard time limit for filing an appeal under Section 9 of the Building and Other Construction Workers Act?

Q3.Which of these actions can an appellate officer take under Section 9 of the Building and Other Construction Workers Act?

Q4.Under Section 9 of the Building and Other Construction Workers Act, what must happen before an appellate officer makes a final decision?

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