BOCW Act Registration

Overview of BOCW Act Registration

BOCW Act registration is the need of the time for welfare of unskilled and semi-skilled labours. To resolve the issues of unskilled labourers who work in intensive, pitiful conditions, the 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 the BOCW Act.

The purpose of BOCW Act registration is to keep an eye on the working conditions of the workers. It acts as a social welfare scheme that aims to provide benefits to the workers involved in the activities related to building and construction across the country. The preamble of the BOCW Act explains the following:

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

Why It’s Important to Obtain a BOCW Certificate?

Why It’s Important to Obtain a BOCW Certificate? In the space of BOCW Act registration, obtaining a BOCW certificate is of utmost importance for construction establishments and contractors. The benefits of getting a BOCW registration certificate are mentioned below-

• Workers enjoy the merits of social security measures such as pension schemes, health insurance, as well as compensation for accidents.
• Minimizes the risks of accidents as well as legal consequences.
• Prioritizes the safety and health of workers.
• Social security umbrella for construction workers.
• Help skilled, semi-skilled, and unskilled workers get rid of pitiful circumstances.
• Due to the wide range of benefits, acquiring a BOCW certificate is crucial under BOCW Act registration.

BOCW Act Registration: Objective of the BOCW Act 1996

The main objective of the BOCW Act registration is to regulate the conditions of service and the employment of BOCW Workers and to provide for their safety, health and welfare measures and for other matters associated therewith.

What is the Purpose of Forming BOCW?

• The BOCW Act applicability makes sure that workers are not being exploited and that a healthy and safe working environment is provided to them.
• The government of India has made it mandatory for every State government to constitute their own Building and Other Construction Workers Welfare Boards.
• The functions of BOCW include providing quick help to the workers in case of any mishap or accident, providing pensions, issuing loans for house construction, making payments related to premia for the Group Insurance Scheme, providing financial aid for children's education, supporting workers by carrying their medical expenses in case of a major ailment.
• Each building labourer who is between the ages of eighteen and sixty and who has been engaged with any building or other development work for at the very least ninety days during the previous year is qualified for Registration as a recipient of the BOCW Welfare Fund under the BOCW Act registration.
• Workers can apply for the BOCW Act Registration in the prescribed form with the requisite Documents and registration fee, which is not more than fifty rupees.
• Application is filed to the officer authorized by the Board on this behalf.

It is compulsory for all State Governments to constitute the Welfare Board for Building and Other Construction Workers. The major activities of the Board will include the following activities :

• Death Benefits
• Maternity Benefits
• Funeral Benefits
• Grant for the purchase of work-related tools
• Making pension payment
• In case of an accident, providing immediate assistance to a beneficiary
• Sanctioning advances and loans for the purpose of construction of a house
• Meeting the medical expenses for major ailments etc
• Giving financial support for the children's education
• Paying amount in connection with premia for Group Insurance Scheme

Limited Coverage of the Factories Act, 1948

Section 2(e) of the BOCW Act defines the building workers. As per the Act, a building worker is 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.

From the above definition, it is clear that a building worker is someone who is extensively engaged in building or construction work. So, let's dig into the definition of building or construction work.

As per Section 2(d) of the BOCW Act, building or other construction work covers the construction, alteration, repairs, maintenance or demolition- of or, in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including stormwater drainage works), generation, transmission and distribution of power, waterworks (including channels for distribution of water), oil and gas installations, electric lines, wireless, radio; television, telephone, telegraph and overseas communication dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqueducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the appropriate Government, by notification but does not include any building or other construction work to which the provisions of the Factories Act, 1948 (63 of 1948), or the Mines Act, 1952 (35 of 1952), apply.

The term building or other construction work is mentioned in a way that it does not cover any building or other construction work to which the laws of the Factories Act, 1948 are applicable. Employers use this exclusion clause of Section 2(d) to escape themselves from the registration process and tax under the BOCW Act. Employers who are already registered under the Factories Act, 1948, don't want to get registered under the purview of the BOCW Act Registration.

Section 2 (I) of the Factories Act 1948 defines a worker as a person who is involved in the manufacturing process, or in cleaning activity of any part of the machinery or premises used for the manufacturing process, or in any sort of work which is somehow related to the manufacturing process, or the subject of the manufacturing process.

Manufacturing Process under BOCW Act Registration

As Per Section 2 (K), the Manufacturing Process under BOCW Act registration Covers the Following:

• Making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal.
• Pumping oil, water, sewage or any other substance.
• Generating, transforming or transmitting power.
• Composing types for printing, printing by letterpress, lithography, photogravure or other similar processes or bookbinding.
• Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels.
• Preserving or storing any article in cold storage.

It is deduced that the expression "worker" under the Factories Act, 1948, doesn't include an individual engaged with the development of buildings. Likewise, the expression "manufacturing process" doesn't include any procedure for the development of buildings. Consequently, the Factories Act covers just those workers who are occupied with the manufacturing procedure or any work that is accidental to the manufacturing procedure and not workers who are engaged with building and development works.

Papers Required for BOCW Act Registration

There are numerous papers required for BOCW Act registration. Some of the significant papers are mentioned below-

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

BOCW Act Registration Procedure

The BOCW Act registration process is something that people engrossed in businesses pertaining to construction sites and buildings can’t avoid. Let’s have a look at the BOCW registration process.

• Employer who wants to get BOCW Registration needs to register on the central BOCW web portal. To register, you are required to create a login ID using a valid Email ID. Once the login ID is created, the password Details will be sent to the User's registered email ID and Mobile number.
• Basic Information Performa (BIP) is required to be filled on the portal in which all information about the Establishment like address of the organization, workers details, details of occupier /employer, construction details & Declaration are needed.
• All Documents in the prescribed format and size need to be attached to the application form.
• Payment of fees - Fees can be paid online or offline at the convenience of the applicant.
• If all Documents and application form is as per the desired norms and guidelines, the Certificate is issued.

Applicants can check their application status online, and all-important updates will be sent on the registered mobile numbers and email ID.

The Indian government's effort toward the welfare of neglected construction workers is appreciable. Though, the BOCW act has faced a delay in its enforcement and clarity until the court stepped in. Supreme Court has made it clear and mandatory that 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 registration.

In any case, presently, the question emerges regarding who is answerable for commitments under the BOCW Act. The expression "employer" in the applicability of 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 additionally intends to make alterations to the BOCW Act to augment the extent of BOCW Act applicability 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.

What are the Responsibilities or Liabilities of the Employer?

• An employer shall be held responsible for giving constant and adequate administration and supervision of any building or any other construction work in his Establishment so as to make sure the compliance with the provision of this Act concerning the safety and on taking all practical steps essential to prevent accidents.
• At least 30 days before the commencing of any building or any other construction work, the employer shall send or cause to be sent to the Inspector who has the jurisdiction in that area where the planned building or any other construction work is to be executed.
• Where any alterations occur in any of the information provided under sub-section (1), then the employer shall inform the Inspector regarding the change within two days of such alteration.

When can the BOCW Registration Certificate be Revoked?

In case the registering officer is satisfied that the Registration of any organization has been acquired by suppression of any material fact or misrepresentation or the provisions of the Act are not complied with either on a reference being made to him on this behalf or otherwise, in reference with any work that is carried by such organization, or for any different reason the Registration has become ineffective or useless and, for that reason, it requires to be revoked, then in such situation, he may after giving the employer of the organization a reasonable opportunity to be heard, revoke the Registration.

What Is The Punishment Or The Penalty Charged For Violation Of The Provision Of The Act?

The Punishment or Penalty is as follows:

• Under section 46, when any employer does not give notice of the commencement of the building or other construction work, then he shall be punishable with a sentence for a term which may extend to 3months or with a fine amount which may extend upto two thousand rupees or with both.
• Whoever interferes with an Inspector during the discharge of his duty under the Act or wilfully neglects or refuses to support the Inspector with any reasonable facility for making any examination, inspection, investigation, inquiry as sanctioned by or under the Act in reference to an organization shall be punishable with imprisonment for a period which may extend to three months, or a fine upto one thousand rupees, or both.

Whoever knowingly refuses to submit any Document or register on being asked in demand by the Inspector in pursuance of this Act or refuses or attempts to stop or does anything else by reason to believe that he is trying to prevent any person from being examined by an Inspector and prevents the Inspector to act in pursuance of his duty under this Act will be punishable for a three months imprisonment term, or with a fine which can extend upto one thousand rupees or with both.

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