GOVERNMENT RULES AND REGULATIONS

     It has been generally believed among different sections and groups of the society that legal education is only for the law students, lawyers etc. But have you ever thought that how important role can basic legal education plays for construction field students and professionals. It is very necessary for every civil engineering student and professional to have certain knowledge of Law, otherwise it would become very difficult for him to tackle several problems occur during him work execution.
   We at PCERF have given an opportunity for student and professionals to get basic knowledge of Laws applicable to the construction industry.



REAL ESTATE REGULATION AND DEVELOPMENT ACT , 2016

  • The Real Estate (Regulation and Development) Act, 2016 was passed by the Rajya Sabha on 10th March, 2016 and by the Lok Sabha on 15th March, 2016. The Bill passed by Parliament was assented to by the President on 25th March, 2016.
  • Section 2, sections 20 – 39, sections 41 – 58, sections 71 – 78 and sections 81 – 92 notified for commencement with effect from 1st May, 2016.
  • Sections 3 to 19, section 40, sections 59 to 70, sections 79 to 80 notified for commencement with effect from 1st May, 2017.
  • The landmark legislation Real Estate (Regulation and Development) Act, 2016 (RERA), marking the beginning of a new era in the Indian real estate sector and a step towards reforming the real estate sector in India, encouraging greater transparency, citizen centricity, accountability and financial discipline.
  • The core objective of this transformative legislation is to ensure regulation and promotion of real estate sector in an efficient and transparent manner and to protect the interest of home buyers.
  • The Real Estate Act makes it mandatory for each state and union territory, to form its own regulator and frame the rules to govern the functioning of the regulator.
  • Real estate projects need to be registered with State Real Estate Regulatory Authority. Promoters cannot book or offer these projects for sale without registering them. Real Estate Agents dealing in these projects also need to register with Real Estate Regulatory Authorities.
  • 70% of the collected amount from buyers must be deposited in an escrow bank account for construction of that project only and the withdrawals have to be certified by Architects, CA and Project Engineers.
  • The Act helps to curb black money . It makes operations transparent – project information will be available – promoting informed choice for buyers. The Disclosure of ‘Carpet Area’ for sale curbs the unfair trade practices.
  • “Agreement for Sale Rules" has ended the one-sided agreements and Buyer exploitation in the sector.
  • The Act eliminates fly-by-night operators from the sector promoting genuine developers. It infuses credibility by making the sector mature and transparent.
  • TChannelize investment into the sector.
  • Act/Rules would restore investment sentiment of consumers.
  • Proper regulatory mechanism of the Act will increase foreign investment (FDI, ECB) in the real estate sector

THE BUILDING AND OTHER CONSTRUCTION WORKERS’ ACT , 1996

CHAPTER III

REGISTRATION OF ESTABLISHMENTS

Appointment Of Registering Officers:-

    The appropriate Government may, by order notified in the Official Gazette :—

  • (a) Appoint such persons, being Gazetted Officers of Government, as it thinks fit, to be the registering officers for the purposes of this Act; and
  • (b) Define the limits within which the registering officer shall exercise the powers conferred on him by or under this Act.
  • Registration Of Establishments:-
  • (a) In relation to an establishment to which this Act applies on its commencement, within a period of sixty days from such commencement; and
  • (b) In relation to any other establishment to which this Act may be applicable at any time after such commencement, within a period of sixty days from the date on which this Act becomes applicable to such establishment, Provided that the registering officer may entertain any such application after the expiry of the periods aforesaid, if he is satisfied that the applicant was prevented by sufficient cause from making the application within such period.
  • (1) Every application under sub-section (1) shall be in such form and shall contain such particulars and shall be accompanied by such fees as may be prescribed.
  • (2) After the receipt of an application under sub-section (1), the registering officer shall register the establishment and issue a certificate of registration to the employer thereof in such form and within such time and subject to such conditions as my be prescribed.
  • (3) Where, after the registration of an establishment under this section, any change occurs in the ownership or management or other prescribed particulars in respect of such establishment, the particulars regarding such change shall be intimated by the employer to the registering officer within thirty days of such change in such form as may be prescribed.
  • Revocation Of Registration In Certain Cases:-
  • If the registering officer is satisfied, either on a reference made to him in this behalf or otherwise, that the registration of any establishment has been obtained by misrepresentation or suppression of any material fact or that the provisions of this Act are not being complied with in relation to any work carried on by such establishment, or that for any other reason the registration has become useless or ineffective and, therefore, requires to be revoked, he may, after giving an opportunity to the employer of the establishment to be heard, revoke the registration.
  • Appeal:-
  • (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:
  • (2) 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.
  • (3) 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.
  • Effect of Non-Registration:-
  • 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.
  • CHAPTER IV

    REGISTRATION OF BUILDING WORKERS AS BENEFICIARIES

    Beneficiaries Of He Fund:-
  • Subject to the provisions of this Act, every building worker registered as a beneficiary under this Act shall be entitled to the benefits provided by the Board from its Fund under this Act.
  • Registration Of Building Workers As Beneficiaries:-
  • (1) Every building worker who has completed either eighteen years of age, but has not completed sixty years of age, and who has been engaged in any building or other construction work for not less than ninety days during the preceding twelve months shall be eligible for registration as a beneficiary under this Act.
  • (2) An application for registration shall be made in such form, as may be prescribed, to the officer authorised by the Board in this behalf.
  • (3) Every application under sub-section (2) shall be accompanied by such documents together with such fee not exceeding fifty rupees as may be prescribed.
  • (4) If the officer authorised by the Board under sub-section (2) is satisfied that the applicant has complied with the provisions of this Act and the rules made there under, he shall register the name of the building worker as beneficiary under this Act: Provided that an application for registration shall not be rejected without giving the applicant an opportunity of being heard.
  • (5) Any person aggrieved by the decision under sub-section (4) may, within thirty days from the date of such decision, prefer an appeal to the Secretary of the Board or any other officer specified by the Board in this behalf and the decision of the Secretary or such other officer on such appeal shall be final: Provided that the Secretary or any other officer specified by the Board in this behalf may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the building worker was prevented by sufficient cause from filing the appeal in time.
  • (6) The Secretary of the Board shall cause to maintain such registers as may be prescribed.
  • Identity Cards:-
  • (1) The Board shall give to every beneficiary an identity card with his photograph duly affixed thereon and with enough space for entering the details of the building or other construction work done by him.
  • (2) Every employer shall enter in the identity card the details of the building or other construction work done by the beneficiary and authenticate the same and return it to the beneficiary.
  • (3) A beneficiary who has been issued an identity card under this Act shall produce the same whenever demanded by any officer of Government or the Board, any inspector or any other authority for inspection.
  • Cessation As A Beneficiary:-
  • (1) A building worker who has been registered as a beneficiary under this Act shall cease to be as such when he attains the age of sixty years or when he is not engaged in building or other construction work for not less than ninety days in a year:
    Provided that in computing the period of ninety days under this sub-section, there shall be excluded any period of absence from the building or other construction work due to any personal injury caused to the building worker by accident arising out of and in the course of his employment
  • (2) Not with standing anything contained in sub-section (1), if a person has been a beneficiary for at least three years continuously immediately before attaining the age of sixty years, he shall be eligible to get such benefits as may be prescribed.
    Explanation: For computing the period of three years as a beneficiary with a Board under this subsection, there shall be added any period for which a person had been a beneficiary with any other Board immediately before his registration.
  • Register Of Beneficiaries:-
  • Every employer shall maintain a register in such form as may be prescribed showing the details of employment of beneficiaries employed in the building or other construction work undertaken by him and the same may be inspected without any prior notice by the Secretary of the Board or any other officer duly authorised by the Board in this behalf.
  • Contribution Of Building Workers:-
  • (1) A building worker who has been registered as a beneficiary under this Act shall, until he attains the age of sixty years, contribute to the Fund at such rate per men sem, as may be specified by the State Government, by notification in the Official Gazette and different rates of contribution may be specified for different classes of building workers: Provided that the Board may, if satisfied that a beneficiary is unable to pay his contribution due to any financial hardship, waive the payment of contribution for a period not exceeding three months at a time.
  • (2) A beneficiary may authorise his employer to deduct his contribution from his monthly wages and to remit the same, within fifteen days from such deduction, to the Board.
  • Effect Of Non-Payment Of Contribution:-
  • When a beneficiary has not paid his contribution under sub-section (1) of section 16 for a continuous period of not less than one year, he shall cease to be a beneficiary. Provided that if the Secretary of the Board is satisfied that the non-payment of contribution was for a reasonable ground and that the building worker is willing to deposit the arrears, he may allow the building worker to deposit the contribution in arrears and on such deposit being made, the registration of building worker shall stand restored.

THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT , 1970

CHAPTER IV

LICENSING OF CONTRACTORS
    Appointment Of Licensing Officers:-
  • The appropriate Government may, by an order notified in the Official Gazette,-
    (a)Appoint such persons, being Gazetted Officers of Government, as it thinks fit to be licensing officers for the purposes of this Chapter; and
  • (b)Define the limits, within which a licensing officer shall exercise the powers conferred on licensing officers by or under this Act.
  • Licensing Of Contractors:-
  • (1) The form of application for the grant or renewal of a licence under section 13 and the particulars it may contain;
  • (2) Subject to the provisions of this Act, a licence under sub-section (1) may contain such conditions including, in particular, conditions as to hours of work, fixation of wages and other essential amenities in respect of contract labour as the appropriate Government may deem fit to impose in accordance with the rules, if any, made under section 35 and shall be issued on payment of such fees and on the deposit of such sum, if any, as security for the due performance of the conditions as may be prescribed.
  • Grant Of Licences:-
  • (1) Every application for the grant of a licence under sub-section (1) of section 12 shall be made in the prescribed form and shall contain the particulars regarding the location of the establishment, the nature of process, operation or work for which contract labour is to be employed and such other particulars as may be prescribed.
  • (2) The licensing officer may make such investigation in respect of the application received under sub-section (1) and in making any such investigation the licensing officer shall follow such procedure as may be prescribed.
  • (3) A licence granted under this Chapter shall be valid for the period specified therein and may be renewed from time to time for such period and on payment of such fees and on such conditions as may be prescribed.
    Revocation, Suspension And Amendment Of Licences:-
  • (1) If the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise, that-
  • (a) A licence granted under section 12 has been obtained by misrepresentation or suppression of any material fact, or
  • (b) The holder of a licence has, without reasonable cause, failed to comply with the conditions subject to which the licence has been granted or has contravened any of the provisions of this Act or the rules made there under, then, without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the licensing officer may, after giving the holder of the licence an opportunity of showing cause, revoke or suspend the licence or forfeit the sum, if any, or any portion thereof deposited as security for the due performance of the conditions subject to which the licence has been granted.
  • (2) Subject to any rules that may be made in this behalf, the licensing officer may vary or amend a licence granted under section 12.
  • Appeal:-
  • (1) Any person aggrieved by an order made under section 7, section 8, section 12 or section 14 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to an 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 dispose of the appeal as expeditiously as possible

APPRENTICES ACT , 1961

CHAPTER - II

APPRENTICES AND THEIR TRAINING

    Qualifications For Being Engaged As An Apprentice
  • A person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any designated trade, unless he-
  • (a)Is not less than fourteen years of age, and
  • (b) Satisfies such standards of education and physical fitness as may be prescribed: Provided that different standards may be prescribed in relation to apprenticeship training in different designated trades and for different categories of apprentices.
  • Reservation Of Training Places For The Scheduled Castes And The Scheduled Tribes In Designated Trades:-
  • (1) In every designated trade, training places shall be reserved by the employer for the Scheduled Castes and the Scheduled Tribes and where there is more than one designated trade in an establishment, such training places shall be reserved also on the basis of the total number of apprentices in all the designated trades in such establishment .
  • (2) The number of training places to be reserved for the Scheduled Castes and the Scheduled Tribes under sub-section (1) shall be such as may be prescribed, having regard to the population of the Scheduled Castes and the Scheduled Tribes in the State concerned.
    Explanation- In this section, the expressions "Scheduled Castes" and "Scheduled Tribes" shall have the meanings as in clauses (24) and (25) of Article 366 of the Constitution.
  • Contract Of Apprenticeship:-
  • (1) No person shall be engaged as an apprentice to undergo apprenticeship training in a designated trade unless such person or, if he is minor, his guardian has entered into a contract of apprenticeship with the employer.
  • (2) The apprenticeship training shall be deemed to have commenced on the date on which the contract of apprenticeship has been entered into under sub-section(1).
  • (3) Every contract of apprenticeship may contain such terms and conditions as may be agreed to by the parties to the contract: Provided that no such term or condition shall be inconsistent with any provision of this Act or any rule made there under.
  • (4) Every contract of apprenticeship entered into under sub-section(1) shall be sent by the employer within such period as may be prescribed to the Apprenticeship Adviser for registration.
  • (5) The Apprenticeship Adviser shall not register a contract of apprenticeship unless he is satisfied that the person described as an apprentice in the contract is qualified under this Act for being engaged as an apprentice to undergo apprenticeship training in the designated trade specified in the contract.
  • (6) Where the Central Government, after consulting the Central Apprenticeship Council, makes any rule varying the terms and conditions of apprenticeship training of any category of apprentices undergoing such training, then, the terms and conditions of every contract of apprenticeship relating to that category of apprentices and subsisting immediately before the making of such rule shall be deemed to have been modified accordingly
  • Innovation Of Contracts Of Apprenticeship:-
  • Where an employer with whom a contract of apprenticeship has been entered into, is for any reason unable to fulfil his obligations under the contract and with the approval of the Apprenticeship Adviser it is agreed between the employer, the apprentice or his guardian and any other employer that the apprentice shall be engaged as apprentice under the other employer for the un-expired portion of the period of apprenticeship training, the agreement, on registration with the Apprenticeship Adviser, shall be deemed to be the contract of apprenticeship between the apprentice or his guardian and other employer, and on and from the date of such registration, the contract of apprenticeship with the first employer shall terminate and no obligation under the contract shall be enforceable at the instance of any party to the contract against the other party there to.
  • Period Of Apprenticeship Training:-
  • The period of apprenticeship training, which shall be specified in the contract of apprenticeship, shall be as follows :-
  • (a) In the case of [trade apprentices] who, having undergone institutional training in a school or other institution recognised by the National Council, have passed the trade tests [or examinations] conducted by [that Council or by an institution recognised by that Council], the period of apprenticeship training shall be such as may be determined by that Council ;in case of trade apprentices who, having undergone institutional training in a school or other institution affiliated to or recognised by a Board or State Council of Technical Education or any other authority which the Central Government may, by notification in the official gazette specify in this behalf, have passed the trade tests 35[ or examinations] conducted by that Board or State Council or authority, the period of apprenticeship training shall be such as may be prescribed;
  • (b) In the case of other [trade apprentices], the period of apprenticeship training shall be such as may be prescribed;
  • (c) In the case of graduate or technician apprentices, [technician (vocational) apprentices]38 and the period of apprenticeship training shall be such as may be prescribed.]
  • Termination Of Apprenticeship Contract-
  • (1) The contract of apprenticeship shall terminate on the expiry of the period of apprenticeship training
  • (2) Either party to a contract of apprenticeship may make an application to the Apprenticeship Adviser for the termination of the contract, and when such application is made, shall send by post a copy thereto to the other party to the contract.
  • (3) After considering the contents of the application and the objections, if any, filed by the other party, the Apprenticeship Adviser may, by order in writing, terminate the contract, if he is satisfied that the parties to the contract or any of them have or has failed to carry out the terms and conditions of the contract and it is desirable in the interests of the parties or any of them to terminate the same:
  • (4) Not with standing anything contained in any other provision of this Act, where a contract of apprenticeship has been terminated by the Apprenticeship Adviser before the expiry of the period of apprenticeship training and a new contract of apprenticeship is being entered into with a employer, the Apprenticeship Adviser may, if he satisfied that the contract of apprenticeship with the previous employer could not be completed because of any lapse on the part of the previous employer, permit the period of apprenticeship training already undergone by the apprentice with his previous employer to be included in the period of apprenticeship training to be undertaken with the new employer.Provided that where a contract is terminated-
  • (a) For failure on the part of the employer to carry out the terms and conditions of the contract, the employer shall pay to the apprentice such compensation as may prescribed;
  • (b) For such failure on the part of the apprentice, the apprentice or his guardian shall refund to the employer as cost of training such amount as may be determined by the Apprenticeship Adviser.
  • Number Of Apprentices For A Designated trade:-
  • (1) The Central Government shall, after consulting the Central Apprenticeship Council, by order notified in the Official Gazette, determine for each designated trade the ratio or trade apprentices to workers other than unskilled workers in that trade: Provided that nothing contained in this sub-section shall be deemed to prevent any employer from engaging a number of trade apprentices in excess of the ratio determined under this sub-section.
  • (2) In determining the ratio under sub-section (1), the Central Government shall have regard to the facilities available for apprenticeship training under this Act in the designated trade concerned as well as to the facilities that may have to be made available by an employer for the training of graduate or technician apprentices [technician (vocational) apprentices]41, if any, in pursuance of any notice issued to him under sub-section (3-A) by the Central Apprenticeship Adviser or such other person as is referred to in that sub-section.
  • (3) The Apprenticeship Adviser may, by notice in writing, require an employer to engage such number of trade apprentices within the ratio determined by the Central Government for any designated trade in his establishment, to undergo apprenticeship training in that trade and the employer shall comply with such requisition: Provided, that in making any requisition under this sub-section, the Apprenticeship Adviser shall have regard to the facilities actually available in the establishment concerned.[Provided further that the Apprenticeship Adviser may, on a representation made to him by an employer and keeping in view the more realistic employment potential, training facilities and other relevant factors, permit him to engage such a number of apprentices for a designated trade as is lesser than a number arrived at by the ratio for that trade, not being lesser than twenty per cent of the number so arrived at, subject to the condition that the employer shall engage apprentices in other trades in excess in number equivalent to such shortfall.] (3-A) the Central Apprenticeship Adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in writing in this behalf shall, having regard to :-
  • (i) The number of managerial persons (including technical and supervisory persons) employed in a designated trade;
  • (ii) The number of management trainees engaged in the establishment;
  • (iii) The totality of the training facilities available in a designated trade; and
  • (iv) Such other factors as he may consider fit in the circumstances of the case, by notice in writing, require an employer to impart training to such number of graduate or technician apprentices [technician (vocational) apprentices], in such trade in his establishment as may be specified in such notice and the employer shall comply with such requisition. Explanation – In this sub-section the expression “management trainee” means a person who is engaged by an employer for undergoing a course of training in the establishment of the employer ( not being apprenticeship training under this Act) subject to the condition that on successful completion of such training, such person shall be employed by the employer on a regular basis.
  • (4) Several employers may join together for the purpose of providing practical training to the apprentices under them by moving them between their respective establishments.
  • (5) Where, having regard to the public interest, a number of apprentices in excess of the ratio determined by the Central Government [ or in excess of the number specified in a notice issued under sub-section (3-A)] should, in the opinion of the appropriate Government be trained, the appropriate Government may require employers to train the additional number of apprentices.
  • (6) Every employer to whom such requisition as aforesaid is made, shall comply with the requisition if the Government concerned makes available such additional facilities and such additional financial assistance as are considered necessary by the Apprenticeship Adviser for the training of the additional number of apprentices.
  • (7) Any employer not satisfied with the decision of the Apprenticeship Adviser under sub-section (6), may make a reference to the Central Apprenticeship Council and such reference shall be decided by a Committee thereof appointed by that Council for the purpose and the decision of that Committee shall be final.