Building and Other Construction Workers Act, 1996 [BOCW (RE&CS) Act, 1996]

The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act or BOCW Act came into force in 1996 to keep vigilance over the working conditions of construction workers. The two primary purposes of this Act are to regulate the employment and service conditions of these workers and provide them with welfare measures. Read on to know how this Act affects business owners and workers.To address the hardships of unskilled workers, the Indian government passed the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, commonly known as the BOCW Act. This legislation aims to monitor and improve the working conditions of construction workers.

To resolve the issues of unskilled laborers who work in intensive pitiful conditions, government of India has introduced the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996; the Act is also called “BOCW Act”. The purpose of this Act is to keep an eye on the working conditions of the workers. It acts as a social welfare scheme that works with the motive to provide benefits to the workers who are involved in the activities related to building and construction across the country. The preamble of the BOCW Act explains the following:

“An act to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare measures and for other matters connected therewith or incidental thereto.”

The zone of BOCW Act is extensive, its aspects cover framework of other labour law legislations but specifically talking it coordinates a lot with the Factories Act, 1948.

What is the BOCW Act in India?

The Building and Other Construction Workers (BOCW) Act is a set of regulations that protect construction workers’ interests, providing them with better working conditions and social security benefits.

Before 1995, India did not have specific laws to protect construction workers when it came to their working conditions and safety. In 1996, the BOCW Act came into force to address the vulnerabilities and challenges faced by the construction workforce in India.

BOCW Act: Full form- BOCW is an acronym for the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. It is a social welfare legislation enacted by the Central government to regulate construction workers’ employment and working conditions.

Purpose of forming BOCW

Registration: The Act mandates that all establishments engaged in construction activities employing ten or more workers must register with the appropriate state authorities
Welfare measures: The Act lays down provisions for the welfare of construction workers, including health and safety measures, adequate sanitation facilities, and drinking water, as well as provisions for welfare funds
Appointment of Welfare Boards: State governments are required to establish Welfare Boards to oversee the act’s implementation and provide various welfare schemes and benefits to registered workers
Social security schemes: The BOCW Act provides for various social security schemes, such as health insurance, disability benefits, and pension, aimed at providing financial assistance and support to registered construction workers and their families

Here is a table with a list of the important sections of the BOCW Act.

Section		Key takeaways
1-2	Preliminary	The act applies to an establishment that employs ten or more workers to undertake construction work. A building worker is a person who is involved in technical, manual labour, or clerical work. Exceptions to this act are people in administrative and managerial positions.
3-5	The advisory committees and expert committees	The Union government forms central building and advisory committee. The committee includes a chairman, centre-appointed Lok Sabha MPs, and other nominated members. The State government constitutes the state building and advisory committee. The committee has a chairman, appointed MLAs, and nominated members.
6-10	Registration of establishments	When an establishment enters the purview of this act, it must apply with the Registering officer within 60 days. Upon successful verification of information, the Registering officer issues a Registration Certificate. The Registration Certificate can be revoked if the organisation is not compliant with the rules.
11-17	Registration of building workers as beneficiaries	Any construction worker aged 18-60 years can be registered as a beneficiary on completion of 90 days of work. The employers must maintain a register of workers. The worker can also authorise the employer to deduct and file the pension contribution from their wages. Suppose a building worker cannot contribute to the fund for one year. Their membership can be withdrawn. However, the worker can appeal, and if the reason is found satisfactory, the Welfare Board can reconsider the withdrawal.
18-27	Building and other construction workers welfare boards	The board needs to help any building worker who is a beneficiary of the Act with monetary assistance when required.
28-37	Hours of work, welfare measures and other conditions of service of building workers	It defines the working hours (9 hours a day, 6 days, 1 day rest in a week) Provides guidelines for drinking water stations and lavatory provisions. An employer needs to provide first aid provisions.
38-41	Safety and health measures	A safety officer must be present if 500 or more building workers are on a site. Any mishaps, death, or incident where the worker is injured and unable to report to work for 48 hours must be intimated to the authorities.
42-43	Inspecting staff	The appointment of Director-General, Chief Inspector, and Inspectors.
44-46	Special provisions	The employer needs to notify the Inspector 30 days before the commencement of work.
47-55	Penalties and procedure	If any safety measure is not followed, maximum 3-month jail or Rs 2,000 fine can be imposed. If the infringement continues, a penalty of Rs 100 per day will ensue.
56-64	Miscellaneous	This section discusses the powers of the Union Government to give directions to the State authorities.

BOCW Act: Benefits

Social security: The BOCW Act establishes welfare boards in each state. The states implement various social security schemes for registered construction workers. These schemes include health insurance, disability benefits, pension, maternity benefits, and educational assistance. Workers and their families can avail of these benefits to ensure financial security
Registration and identification: The Act requires all construction establishments employing ten or more workers to register with the appropriate authorities. This registration process helps identify and document the construction workers, enabling them to access the benefits and welfare schemes provided under the Act
Health and safety measures: The BOCW Act emphasises implementing health and safety measures at construction sites. It aims to protect workers from accidents, injuries, and occupational hazards. This is by providing safety equipment to prevent accidents
Improved working conditions: The Act promotes better working conditions for construction workers by addressing working hours, leave entitlements, and weekly rest periods. It seeks to prevent exploitation and ensure that workers are provided with fair wages and reasonable working hours
Legal protection: The Act provides legal protection to construction workers by setting standards and guidelines for employment and working conditions. It establishes penalties for violations and non-compliance, ensuring that workers’ rights are safeguarded, and employers are held accountable for infringements

Scenarios	Benefits for workers registered under BOCW Act
Maternity	Any woman worker who is pregnant is entitled to leave and pay benefits.
Pension	Workers contribute a part of their wages to a pension fund. After retirement, the Welfare board provides the pension amount.
Accidents	Immediate healthcare and financial assistance are provided to the afflicted worker.
Children’s education	Workers can withdraw funds for their children’s education.
Death	In case of death due to an accident, the worker’s family receives compensation.

BOCW Act: Punishment and penalty provisions

Under the Building and Other Construction Workers (BOCW) Act, there are provisions for penalties and punishments in case of non-compliance with the Act’s requirements. The Act establishes penalties to ensure that employers adhere to the prescribed standards and guidelines for construction workers’ welfare and working conditions.

Failure to notify the commencement of construction work can lead to a three-month sentence or a Rs 2,000 fine, as per Section 46
Interfering with an inspector or refusing to cooperate during inspections can result in three months imprisonment, a Rs 1,000 fine, or both
Deliberately withholding documents from the inspector or obstructing their duties can lead to three months imprisonment, a Rs 1,000 rupee fine, or both

Documents Required for BOCW Registration

Age Proof (If no age proof is available self-declaration),
Residence proof,
Aadhar card (If available),
Bank Account details (Bank branch, account No. and IFSC/RTGS number),
Detail of dependents and employer’s certificate of working for 90 days as construction worker and nomination form.

Process of BOCW registration

Log on to the web site lms.mahaonline.gov.in
Choose the registering procedure whether as an individual or organization
Provide your mobile number on which you want to receive OTP
Fill the OTP appeared on your mobile
Mention your mail id asked during the registration process
Fill all the required fields
Click on the mail send to you on your given mail id and follow the instruction mentioned in the mail
Login into the website by mentioning your id and password
Choose the service for Building and other Construction registration
Select the Establishment Principal Employer Registration and fill the online form and submit
Once the applicant receives application id, application screen will be closed
Check the status of the application and go through the instructions provided on the right side of the screen
If status shows upload document then click on the upload document button
Check the status again which will ask you for payment
Click on the pay fee button
Choose the comfortable mode of payment
Check the status which will show “under scrutiny” it means your application is ready for scrutiny
In case your application got rejected check your mail and follow the instructions given in the mail
If status appears as “completed” the download the certificate by clicking on the “Download Certificate” button.

Indian government’s effort towards the welfare of neglected construction workers is appreciable. Though, BOCW act has faced delay in its enforcement and clarity until the court stepped in. Supreme Court has made it clear and mandatory for the building and construction workers who are involved in the construction process of factory premises are entitled to receive welfare measures under the BOCW Act.

In any case, presently the question emerges regarding who is answerable for commitments under the BOCW Act. The expression “employer” in the BOCW Act is characterized to incorporate the two temporary workers and proprietors. Henceforth, the proprietors and the contractual workers pass the obligation to each other.

It is comprehended that the Central Government is additionally intending to make alterations to the BOCW Act to augment the extent of applicability of the BOCW Act to empower the separate state governments to execute the Acts and it is hoped that the corrections will really profit the construction workers by giving better and more secure working conditions.

BOCW Registration Certificate: Revocation

Suppose the registering officer determines that the registration of an organisation has been obtained by concealing important information or misrepresentation, the officer may revoke the registration after giving the employer a fair chance to present their case.

To sum up, the BOCW Act aims to safeguard the welfare, social security, and overall well-being of construction workers in India. It recognises their contributions to the nation’s development and strives to provide them with the necessary benefits. By doing so, the Act contributes to the empowerment of the construction workforce, fostering a better construction sector in the country.

FAQs

What is BOCW card?

BOCW Smart Card is a certified SCOSTA Card used as per the several eGovernance policies laid down by Government of India. The Smart Card is printed with all the basic details of the Labor and several other vital details are stored in the Chip embedded on the Card.

Define building workers.

As per Section 2 (e) “a person who is employed to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be expressed or implied, in connection with any building or other construction work.”

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