62. Power to make rules.- (1)
The appropriate Government may, after consultation
with the expert committee, by notification,
make rules for carrying out the provisions of
this Act.
(2) In particular and without
prejudice to the generality of the foregoing
power, such rules may provide for all or any
of the following matters, namely:-
(a) the number of persons
to be appointed as members representing various
interests on the Central Advisory Committee
and the State Advisory Committees, the term
of their office and other conditions of service,
the procedure to be followed in the discharge
of their functions and the manner of filling
vacancies under sub-section (3) of section 3
or, as the case may be, under sub-section (3)
of section 4;
(b) the fees and allowances
that may be paid to the members of the expert
committee for attending its meetings under sub-section
(2) of section 5;
(c) the form of application
for the registration of an establishment, the
levy of fees therefor and the particulars it
may contain under sub-section (2) of section
7;
(d) the form of certificate
of registration, the time within which and the
conditions subject to which such certificate
may be issued under sub-section (3) of section
7;
(e) the form in which the
change in ownership or management or other particulars
shall be intimated to the registering officer
under sub-section (4) of section 7;
(f) the form in which an application
for registration as a beneficiary shall be made
under sub-section (2) of section 12;
(g) the document and the fee
which shall accompany the application under
sub-section (3) of section 12;
(h) the registers which the
Secretary of the Board shall cause to be maintained
under sub-section (6) of section 12;
(i) the benefits which may
be given under sub-section (2) of section 14;
(j) the form in which register
of beneficiaries shall be maintained under section
15:
(k) the terms and conditions
of appointment, the salaries and other allowances
payable to, and the manner of filling of casual
vacancies of, the Chairperson and other members
of the Board under sub-section (4) of section
18;
(l) the terms and conditions
of service and the salaries and allowances payable
to the Secretary and the other officers and
employees of the Board under sub-section (3)
of section 19;
(m) the time and place of
the meeting of the Board and the rules of procedure
to be followed at such meeting under sub-section
(1) of section 20 including quorum necessary
for the transaction of business;
(n) the amount payable as
house building loans or advances, the terms
and conditions of such payment under clause
(c), educational assistance under clause (e)
medical expenses payable and the persons who
shall be the dependent of the beneficiaries
under clause (f), and the other welfare measures
for which provision may be made under clause
(h) of sub-section (1) of section 22;
(o) the limits of grants-in-aid
payable to the local authorities and employers
Under clause (b) of sub-section (3) of section
22;
(p) the form in which and
the time within which the budget of the Board
shall be prepared and forwarded to Government
under section 25;
(q) the form in which and
the time within which the annual report of the
Board shall be submitted to the State Government
and the Central Government under section 26;
(r) the form of annual statement
of accounts under sub-section (1), and the date
before which the audited copy of the accounts
together with the auditor's report shall be
furnished under sub-section (4) of section 27:
(s) the matters required to
be provided under sub-section (1) of section
28 and the extent up to which, and the conditions
subject to which, the provisions of that sub-section
shall apply to the building workers under sub-section
(2) of that section;
(t) the registers and records
that shall be maintained by the employer and
the form in which such registers and records
shall be maintained and the particulars to be
included therein under sub-section (1) of section
30;
(u) the form and manner in
which a notice shall be exhibited and the particulars
it may contain under sub-section (2) of section
30;
(v) the issue of wage books
or wage slips to building workers and the manner
in which entries are to be made and authenticated
in wage books or wage slips under sub-section
(3) of section 30;
(w) the types of latrines
and urinals required to be provided under section
33;
(x) the first-aid facilities
which are to be provided under section 36;
(y) the canteen facilities
which are to be provided under clause (a) of
section 37;
(z) the welfare measures which
are to be provided Under clause (b) of section
37;
(za) the number of representatives
of the employer and the building workers under
sub-section (1) of section 38 and the qualifications
of safety officers and tile duties to be performed
by them under sub-section (2) of that section;
(zb) tile form of notice of
accident, other matters to be provided in this
behalf and the time within which such notice
shall be given under sub-section (1) of section
39;
(zc) the rules to be made
for the safety and health of building workers
under section 40;
(zd) the powers that may be
exercised by an Inspector under clause (e) of
sub- section (1) of section 43 and the qualifications
and experience which the experts or agencies
employed under sub-section (2) of that section
shall possess and the terms and conditions on
which such experts or agencies may be employed;
(ze) the date on or before
which wages shall be paid to a building worker
under section 45;
(zf) the matters which are
required to be prescribed under clause (i) of
sub-section (1) of section 46;
(zg) any other matter which
is required to be, or may be, prescribed.
(3) Every rule made by the
Central Government under this Act shall be laid,
as soon as may be after it is made, before each
House of Parliament, while it is in session
for a total period of thirty days which may
be comprised in one session or in two or more
successive sessions, and if, before the expiry
of the session immediately following the session
or the successive sessions aforesaid, both Houses
agree in making any modification in the rule
or both Houses agree that the rule should not
be made, the rule shall thereafter have effect
only in such modified form or be of no effect,
as the case may be; so, however, that any such
modification or annulment shall be without prejudice
to the validity of anything previously done
under that rule.
(4) Every rule made by the
State Government under this Act shall be laid,
as soon as may be after it is made, before each
House of the State Legislature where it consists
of two Houses, or, where such Legislature consists
of one House, before that House.
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