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KARNATAKA GOVERNMENT

NO. LD 359 LET 2023

Karnataka Government Secretariat,

Vikasa Soudha,

Bangalore, dated:12/01/2024

NOTIFICATION

In exercise of the powers conferred by sub-sections (1) and (2) of section 62

of the Building and Other Construction Workers (Regulation of Employment and

Conditions of Service) Act, 1996 (Central Act No. 27 of 1996), the Government of

Karnataka, after consultation with the Expert Committee, hereby makes the

following rules further to amend the Building and Other Construction Workers’

(Regulation of Employment and Conditions of Service) (Karnataka) Rules, 2006,

namely: -

RULES

1.Title and commencement.- (1) These rules may be called the Building and

Other Construction Workers (Regulation of Employment and Conditions of Service)

(Karnataka) (Amendment) Rules, 2024.

(2) They shall come into force from the date of their publication in the Official

Gazette.

2.Amendment of rule 2.- In the Building and Other Construction Workers

(Regulation of Employment and Conditions of Service) (Karnataka) Rules,

2006(hereinafter referred to as the said rules), in rule 2, for clause (j), the following

shall be substituted namely.-

“(j) “Competent Person” means a person who belongs to a testing

establishment in Karnataka, possessing adequate qualification, experience and

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skill for the purposes of testing, examination or annealing and certification of lifting

appliance, lifting gears, wire ropes or pressure plant or equipment, approved by the

State Government or by the Chief Inspector subject to the control of the State

Government.”

3.Amendment of rule 49-C.-In the table appended to rule 49-C of said

rules,-

(i) in the first entry, pertaining to rule 39, in column 2 for the words “six

months” the words “one year” shall be substituted; and

(ii) in the second entry, pertaining to rule 40, in column 2 for the words

“six months” the words “one year” shall be substituted.

4.Insertion of a new rule 54A.- After rule 54 of the said rules the following

shall be inserted namely:-

“54A. Recognising a Competent Person; (1) Every person or institution

desirous of getting recognised as a competent person shall make an

application in Form No. XXIV-A or XXIV-B as may be appropriate to the

Chief Inspector who shall register such application and shall, within a

period of sixty days from the date of receipt of such application, either

recognise the applicant as a competent person and issue certificate in

Form No. XXIV-C, for a period of twelve months or reject the application

specifying the reasons therefore.

(2) Criteria for recognition of Competent Person is as specified in the table

below:

Rule relating to

competency

Qualification

required

Experience for the purpose

Facilities at his

command

Rule 72, 85, 86,

87, 88, and 222 of

the Building and

Other

Construction

Workers

(Regulation of

Employment and

Conditions of

Service)

(Karnataka)

Rules, 2006

Degree in

Electrical or

Mechanical

Engineering

or posses an

equivalent

qualification

For Lifting machinery

(i)

Must have worked for not less

than seven years in-

(a) design or erection or

maintenance lifts and hoists; or

(b) inspection and test procedures

of lifts and hoists;

(ii) He shall be –

(a) conversant with relevant codes of

practices and test procedures of

lifts and hoists those are present

current;

(b) conversant with other statutory

requirements

conversing

the

safety of the Hoists and Lifts;

(c) able to identify defects and arrive

at a reliable conclusion with

For Lifting machinery

Facilities for load

testing, tensile testing,

gauges, equipment/

gadgets for

measurement and any

other equipment

required for

determining the safe

working conditions of

lifting machinery used

at construction sites.

3

regard to the safety of Hoists and

Lifts

Rule 225 of the

Building and

Other

Construction

Workers

(Regulation of

Employment

and Conditions

of Service)

(Karnataka)

Rules, 2006

Degree in

Electrical or

Mechanical

Engineering

or posses

an

equivalent

qualification

For Pressure vessels

(i) Must have worked for not

less than ten years in-

(a) design or erection or

maintenance of pressure

plants, or

(b) Testing, examination and

inspection of pressure

plants.

(ii) He shall be –

(a) conversant with the relevant

codes of practices and test

procedures

relating

to

pressure vessels;

(b) conversant with statutory

requirements

concerning

the

safety

of

unfired

pressure

vessels

and

equipment operating under

pressure;

(c) conversant

with

non-

destructive

testing

techniques

which

are

applicable

to

pressure

vessels;

(d) capable to identify defects

and arrive at a reliable

conclusion with regard to

the

safety

of

pressure

plants.

For Pressure

vessels

Facilities for

carrying out

hydraulic test,

non-destructive

test, gauges

equipment/

gadgets for

measurement and

any other

equipment or

gauges to

determine the

safety in use of

pressure vessels.

(3) Every application for recognition or renewal as a competent person in Form No.

XXIV-A or XXIV-B as the case may be, shall be submitted online along with fees

credited online to the treasury account of the department as specified in the

table below:

Competency

Certificate

Scope

Fees for registration or renewal

1

To an Individual

State

Rs. 20,000/-

2

To an Institution

State

Rs. 25,000/- or Rs.20,000/- per

person whichever is higher

4

(4) The certificate issued under sub-rule (l) shall be renewed after expiry of them

for a period of twelve months on payment of a renewal fee as specified at

sub-rule (3).

(5) The Chief Inspector may, after giving an opportunity to the competent

person of being heard, revoke the certificate of competency if he has reason

to believe that the competent person,-

a. has violated any condition stipulated in the certificate of competency;

or

b. has carried out a test, examination and inspection or has acted in a

manner inconsistent with the intent or the purpose of the Act or the

rules made there under;

c. has omitted to act as required by or under the Act.

(6) The Chief Inspector may call for such other particulars as he may require.”

5.Amendment of rule 225.- After clause (c) of rule 225 of the said rules, the

following shall be inserted namely:-

“(d) Certificate of tests and examinations before taking into use the

Pressure plant and equipment, periodical tests and examinations of

Pressure plant and equipment under these rules are be obtained in

Form –XXIV-D.”

6. Amendment of rule 231.-In clause (b) of rule 231 of the said rules, after

the words “safe manner” the words “as stipulated under applicable standards”

shall be inserted.

7. Insertion of new Forms FORM-XXIV-A, FORM-XXIV-B, FORM-XXIV-C

and FORM-XXIV-D: After FORM-XXIV of the said rules the following forms shall

be inserted namely,-

5

FORM – XXIV-A

[see rules 54A]

APPLICATION FOR GRANT OF CERTIFICATE OF COMPETENCY TO A

PERSON

1 Name and Address

2 Date of Birth

3 Educational Qualifications (copies of

testimonials to be attached)

4 Details of professional experience (in

chronological order)

1. Period of Service

2. Designation

3. Area of Responsibility

5 Membership of Professional bodies, if

any

6

Details of facilities (for examination,

testing, etc.,) at his disposal.

7

Arrangements for calibrating and

maintaining the accuracy of the

facilities.

Purpose for which competency

certificate is sought

(Specify Rule or Rules.)

8 Whether

the

applicant

has

been

declared as a competent person under

any other statute or by any other states.

(If so, furnish details)

9 Any other relevant information the

applicant may wish to submit as proof

of competency

I, Sri/Smt/Kumari …………. hereby declare that the information furnished above,

is true. I undertake:

a. that in the event of any change in the facilities at my disposal (either addition

or deletion) I will promptly inform the Chief Inspector;

b. to maintain the facilities in good working order, calibrated periodically as per

manufacturer’s instructions or as per National Standards; and

c.

to fulfil and abide by all the conditions stipulated in the Certificate of

Competency and instructions issued by the Chief Inspector from time to time.

Date : Signature of the applicant

Place : (Name in Block letters)

6

FORM – XXIV-B

[see rule 54A]

FORM OF APPLICATION FOR GRANT OF CERTIFICATE OF

COMPETENCY TO AN INSTITUTION

1 Name and designation of the Applicant

2 Name and full address of the Institution

3 Name and designation of the persons to be

certified.

4 Status of the Institution

(Specify whether Government, Autonomous,

Co-Operative, Corporate, Private, etc.,)

5 Purpose for which

Competency Certificate is sought

(Specify rule or rules.)

6 Whether the Institution has been declared as a

competent person under any other statute or by

any other states. If so, give details

7 Particulars of persons employed and possessing qualification and

experience

Sl.

No.

Name &

Designation ^{Qualification/s Experience}

Rules under which

competency is

sought for

8 Details of facilities (relevant to item 3 above)

and arrangements made for their maintenance

and calibration periodically

9 Any other Relevant information the institution

may wish to submit as proof of competency.

I, Sri/Smt/Kumari. . . . . . . . . . . . . . .. . . . . . hereby, on behalf of . . .. . . . . . . . .

. . . . . . , Certify the details furnished above, are correct to the best of my

knowledge. I undertake to :

a. maintain the facilities in good working order, calibrated periodically as per

manufactures instructions or as per National Standards ; and

b. fulfill and abide by all conditions stipulated in the Certificates of competency

and instructions issued by the Chief Inspector from time to time.

SIGNATURE OF HEAD OF THE INSTITUTION OR OF

THE PERSONS AUTHORISED TO SIGN ON HIS

BEHALF DESIGNATION:

Date :

Place :

7

FORM – XXIV-C

[see rule 54A]

FORM OF CERTIFICATE OF COMPETENCY ISSUED TO A PERSON OR

INSTITUTION

The Chief Inspector subject to the control of Govt. of Karnataka in

exercise of the powers conferred on me under Rule 2(j) of the BOCW

Karnataka

Rules,

2006,

hereby

recognize

………………………………..

...................................................... (Name of the Institution and names of

persons being recognised) or Shri ………………………………………… (Name of the

person) (Name of the Organization) to be a competent person for the purpose of

carrying out tests, examinations, inspections and certification of hoists and lifts,

tower cranes, derricks, boom cranes, lifting machines and lifting tackles, pressure

plant and such other equipment located at a construction site, as stipulated in the

BOCW Act 1996 and the BOCW Karnataka Rules, 2006 made there under.

*Strike out the words not applicable.

This certificate is valid from ……………………….. to ………………………

This certificate is issued subject to the conditions stipulated here under :-

(i)

Tests, examinations and inspections shall be carried out in accordance with

the provisions of the Act and the Rules made thereunder;

(ii)

Tests, examination and inspections shall be carried out under direct

supervision of the competent person or by a person so authorised by the

institution recognised to be a competent person;

The Certificate of Competency issued in favour of a person shall stand cancelled

if the person leaves the organisation mentioned in his application;

Date : SIGNATURE OF THE CHIEF INSPECTOR

Place : OFFICIAL SEAL

8

FORM – XXIV-D

[see rule 225 (d)]

REPORT OF EXAMINATION OF PRESSSURE PLANT OR EQUIPMENT

1. Name of the Employer/Contractor (or Construction site) :

2. Situation and address of the Construction site :

3. Name, description and distinctive number

of pressure plant or equipment

4. Name and address of manufacturer and

reference to their test certificate or certificate

of competent person

:

5. Nature of process in which it is used :

6. Particulars of pressure plant or equipment

:

(a) Date of construction

:

(b) Thickness of walls

:

(c) Date on which the pressure plant or equipment

was first taken into use

:

(d) Maximum permissible working pressure

Recommended by the manufacturer

:

(The history should be briefly given and

Examiner should state whether he has

Seen the last previous report)

7. Date of last hydrostatic test (if any) and

:

pressure applied

8. Is the pressure plant or equipment is open or

:

otherwise exposed to weather or to damp?

9. What parts (if any) were inaccessible?

:

10. What examination and tests were made?

:

(Specify pressure if hydrostatic test was

Carried out)

11. Condition of pressure plant or equipment (State

: External . . . . any

defects materially affecting the maximum

permissible working pressure or the safe plant) Internal . . . . . . . .

12. Are the required fittings and appliances

:

provided in accordance with Rules

13. Are all fittings and appliances properly

:

maintained and in good condition?

Have the pressure settings been checked

and corrected?

:

14. Repairs (if any), required and period within :

which they should be executed and any

other condition which the person making

the examination thinks it necessary to

specify the securing safe working

15. Maximum permissible working pressure

:

calculated from dimensions and from the

thickness and other data ascertained by the

present examinations due allowance being

made for conditions of working if unusual

9

or exceptionally severe ( State minimum

thickness of walls measured during the

examination)

16. Where repairs affecting the maximum :

working pressure are required, state the

working pressure :

a. Before the expiration of the period

Specified in (14) :

b. After the expiration of such period if the

Required repairs have not been completed :

c. After the completion of the required repairs :

17. Other Observations :

I Certify that on . . . . . . . . . . . . . . . . . . . . the pressure plant or equipment

described above was thoroughly cleaned and (so far as its construction permits)

made accessible for thorough examination and for such tests as were necessary for

thorough examination and that on the said date, I thoroughly examined this

pressure plant or equipment, including its fittings and that the above is a true

report of my examination.

If employed by a Institution give name and

Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature. . . . . .. . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . Qualification. . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address. . . . . . . . . . . . . . .

Date . . . . . . . . . . . . . . . . . .

By Order and in the name of the

Governor of Karnataka

Suma. S

Under Secretary to Government,

Labour Department.

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