BOCW Act was enacted to pay undivided attention to workers serving the construction sector. It seeks to protect their interest by imposing regulations on those who employ them. It upholds the workers’ rights and safeguards their interests in many ways. While the BOCW Act resembles the Factories Act 1948 in several ways, it navigates on a different concept altogether. This write-up discusses the legalities and various aspects of the BOCW certificate under the BOCW Act.
Objectives Served by the BOCW Act
BOCW Act seeks to;
- Ensure comprehensive protection for workers serving the construction sector.
- Ensure better hygiene and sanitation at the workplace for the construction workers
- Prevent workers from being exploited at the construction place
- Mitigate chances of under-waging.
- Ensure full-proof safety of the construction workers.
- Provide fiscal back to the worker’s family
- Ensure facilitation of medical expenses for workers in case of accidents
- Ensure availability of fire-fighting equipment and protective gears for workers
- Ensure availability of emergency exit plan in case of mishaps such as explosion or accidents
- Ensures availability of immediate medical attention for the injured workers
- Incorporate relevant measures at site where exposure to chemical or inadequate air supply is apparent
- Mandates registered employers to provide better sanitation and life-saving aid at the workplace
- Regulates workers’ activities at the site through proper management
Benefits available under the BOCW Certificate
- Death Benefits
- Funeral Benefits
- Maternity Benefits
- Making pension payment
- Permission for the procurement of work-related tools
- Prompt medical aid in case of an accident
- Facilitating credits for the purpose of construction of the home
- Covering medical expenditure arising out of major ailments
- Child education support
BOCW Certificate for Establishment
Every Employer, within 60 days from starting the building and other construction activity needs to apply for a BOCW certificate via Form 1 under Schedule XIII. The application form shall accompany the documents mentioned below and the applicable fee.
Common documents required for establishment registration include;
- Address proof of the proposed site
- Details of workers employed at the site
- Detail of employer
- Construction details
- Declaration regarding the safety measures implemented at the site
- Copy of emergency exit plan
Worker registration as a beneficiary under BOCW Act
Worker registration is mandatory under the BOCW Act. Once registered, the worker shall be referred to as a beneficiary under the said Act. The registered employer can visit the relevant government portal for worker registration. Documents Required for BOCW Certificate
- Age proof (if no age evidence is available, then a self-declaration is filed)
- Proof of Address ,
- Aadhaar card (If available),
- Details relating to bank account such as IFSC number, account number, bank branch)
- Family’s detail
- Employer’s certificate confirming that person concerned has served 90 working days as a construction work
- Nomination form
GOI’s effort toward the welfare of underserved labours working in the construction sector is appreciable. The apex court of India[1] has made that benefits of the BOCW Act are also available to the labours engaged in industrial construction
The term “employer” cited under the BOCW Act also incorporates temporary labours and proprietors.
Notable Facts about BOCW registration
- BOCW certificate is non-transferrable
- The application fee for the BOCW certificate is non-refundable
- The number of workers enlisted in the application form should remain the same till the grant of certificate, or else the application will be rejected.
- A physical copy of the certificate should be displayed at the working site.
- Every employer is liable to send a notice to the respective inspector regarding the commencement and completion of the project via the form-4
Underlining Employer’s liabilities under the BOCW Act
- An employer shall be held liable for ensuring effective management of construction work to ensure compliance with the norm of the BOCW Act.
- At least 30 days prior to the commencement of any construction work, the Employer shall notify the inspector of the respective jurisdiction.
- Where any alteration happen in connection to the BOCW Certificate then the Employer needs to intimate the inspector regarding such alternation within two days of such an event.
- Every registered employer is liable to install fire-fighting equipment at the site for the workers’ protection
- Registered employers should ensure the availability of emergency exit plans for tackling the emergency.
- Employer must ensure that every worker should have a separate identity cardThe equipment and construction-related machinery at the site should be compliance with relevant standards
Conclusion
BOCW certificate falls under the BOCW Act that seeks to protect workers’ rights serving the construction sector. The Act mandates every owner of the construction project, be it commercial or residential, to get registered under the said Act and provide the required support and safe work environment for the worker.
Read our Article:Registration of Building Workers as Beneficiaries under BOCW
