{"id":43942,"date":"2022-05-31T12:43:59","date_gmt":"2022-05-31T07:13:59","guid":{"rendered":"https:\/\/corpbiz.io\/learning\/?p=43942"},"modified":"2023-02-28T14:37:21","modified_gmt":"2023-02-28T09:07:21","slug":"meaning-of-building-and-other-construction-workers","status":"publish","type":"post","link":"https:\/\/corpbiz.io\/learning\/meaning-of-building-and-other-construction-workers\/","title":{"rendered":"Meaning of Building and Other Construction Workers"},"content":{"rendered":"\n<p class=\"has-drop-cap\">The Building and other Construction Workers (BOCW) Act is a welfare statute which aims to provide a safe and healthy working environment to the workers engaged in construction activities. The act was introduced to provide a solution to issues related to Building and other construction workers. The aim of the act is to look after the working and employment conditions of the workers employed in construction work. In India, the construction industry is huge and is labour intensive sector; most workers involved in construction industries are unskilled, unorganized and working in miserable conditions. <a href=\"https:\/\/corpbiz.io\/bocw-act-registration\"><strong>BOCW act<\/strong><\/a> ensures the Building and construction workers are not being exploited at any cost, and safe and healthy working conditions are being provided to them <\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Definition\nof Building and other construction workers <\/h2>\n\n\n\n<p>As per the section 2(e)\nof the Building and Construction workers Act \u201cbuilding worker\u201d includes any\nperson who is employed to do any skilled, semi-skilled or unskilled, manual, supervisory,\ntechnical or clerical work for hire or reward, in which the terms are either\nexpressed or implied in connection with Building or other construction work,\nbut it does not include any such person <\/p>\n\n\n\n<ul><li>who\nis employed to&nbsp; do managerial or\nadministrative work <\/li><li>who\nis employed to do supervisory work and earns wages more than one thousand six\nhundred rupees every month or engaged in managerial work wither by reason of\nthe duties attached to the office or&nbsp;\npowers vested in him <\/li><\/ul>\n\n\n\n<p>From the definition,\nit&#8217;s clear the Building and construction worker is someone who is extensively\nengaged in Building n construction work. <\/p>\n\n\n\n<h3 class=\"wp-block-heading\">What\nis building and construction work? <\/h3>\n\n\n\n<p>According to section\n2(d) of the act, &#8220;building or other construction work&#8221; includes any the\nconstruction, alteration, repairs, maintenance or demolition work of buildings,\nstreets, roads, railways, tramways, airfields, irrigation, drainage, embankment\nand navigation works, flood control works which includes stormwater drainage\nworks. The definition also includes in this ambit generation, transmission and\ndistribution of power, waterworks, electric line, oil and gas installations,\nwireless, radio, television, telephone, telegraph and overseas communications,\ndams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqueducts,\npipelines, towers, cooling towers, transmission towers etc as&nbsp; specified in this behalf by the appropriate\nGovernment, by notification time to time. <\/p>\n\n\n\n<p>As per the sample survey conducted by the <strong>National Sample Survey Organization (NSSO)<\/strong> in 2011 -2012, nearly about Five cores workers are engaged in construction work. As per the survey, there is a total of 50 crore workforce in the country, out of which 10% of the total workforce are engaged in construction work. The role of Building and construction workers is huge in nation-building, and yet this workforce is the most neglected one. <\/p>\n\n\n\n<p>It is important to note\nthat building and construction workers need social and welfare protection and,\ntherefore, must be registered with the state welfare board as per the said act\nin order to avail of social and welfare benefits. <\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Building\nand construction workers as beneficiaries <\/h2>\n\n\n\n<p>Every Building worker who has completed the age of\n18 years but is below the age of 60 years and has been engaged in building\nconstruction work for not less than 90 days in the preceding 12 months is\neligible to get registration as a beneficiary. A worker registered as a\nbeneficiary is entitled to get benefits from the board from its fund under this\nact. <\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Registration\nof Building and other construction workers as beneficiaries <\/h3>\n\n\n\n<ul><li>Registration\nApplication is to be made in the prescribed format to the officer appointed by\nthe board for this purpose <\/li><li>Application\nmade to the authorized officer must be accompanied with the fees not\nexceeding&nbsp; Rs50 as the case may be <\/li><li>If\nthe authorized officer is satisfied that the applicant has complied with the provisions\nof the act, then he will register the name of the Building and construction\nworker as beneficiaries.<\/li><li>in\ncase the officer is not satisfied with the application of the worker, he can\nreject the application but not without giving the opportunity of being heard <\/li><li>an\napplicant aggrieved by the decision of the authorized officer can appeal to the\nsecretary of the board&nbsp; or any other\nofficer authorized for the same within thirty days from the date of such\ndecision <\/li><li>appeal\nby the aggrieved worker will be entertained after the expiry of thirty days\nonly if the secretary or officer in charge is satisfied with the reasons given\nfor the delay in filing the appeal <\/li><\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">Cessation\nas a Building and other construction workers as a beneficiary <\/h3>\n\n\n\n<p>As per section 14 of the BCOW act, A building or construction worker registered as a beneficiary will cease to be a <strong>beneficiary<\/strong><sup><a href=\"https:\/\/en.wikipedia.org\/wiki\/Beneficiary\"><strong>[1]<\/strong><\/a><\/sup> when he attains the age of 60 years or is not doing Building or other construction work for not less than ninety days in a year. The calculation of 90 days will exclude the period in which a Building or construction worker is absent due to any personal injury or accident caused during the course of employment. <\/p>\n\n\n\n<p>The registered\nbeneficiary under this act is entitled to contribute to the beneficiary fund\nuntil he attains the age of sixty years at the rate per month prescribed by the\nGovernment; by notification, the Official Gazette and rate of contribution\ndiffer according to the classes of Building and another construction worker. If\nthe beneficiaries are not able to contribute to the fund because of financial\nhardship, the board can waive off the payment of contribution for a period not\nexceeding three months at a time. The employer, as per the act, deducts the\ncontribution from the monthly wages and remits the same to the board within\nfifteen days. <\/p>\n\n\n\n<p>The beneficiary will\ncease to be a beneficiary on the ground of non-contribution of fund for a\ncontinuous period of not less than one year. If the board is satisfied with the\nground of delay in nonpayment of funds and the beneficiary is ready to pay the\narrears, the registration of beneficiaries will stand restored. <\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Conclusion\n<\/h2>\n\n\n\n<p>It is applaudable that the Government of India has made social welfare statute for building and construction workers who have been neglected for ages. Although there are a few loopholes in the act, it still caters a lot of benefits to the Building and other construction workers. The Supreme Court, through its judgment, has clarified the Building and construction workers engaged in the factory are entitled to welfare benefits under the Building and construction work act.<\/p>\n\n\n\n<p class=\"text-left\"><b>Read our Article<\/b>:<mark style=\"background: #fffd03 !important;\"><a href=\"https:\/\/corpbiz.io\/learning\/contract-labour-act-synopsis-of-key-provisions\/\">Contract Labour Act: A Synopsis of Key Provisions\n<\/a><\/mark><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Building and other Construction Workers (BOCW) Act is a welfare statute which aims to provide a safe and healthy working environment to the workers engaged in construction activities. The act was introduced to provide a solution to issues related to Building and other construction workers. The aim of the act is to look after [&hellip;]<\/p>\n","protected":false},"author":38,"featured_media":43944,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[2386],"tags":[2389],"acf":{"service_id":"386"},"authorName":"Srishti Pandey","authorImageUrl":"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2022\/05\/MicrosoftTeams-image-13.jpg","authorDescription":"She holds degree in B.COM, LLB (Delhi University), LLM (NLU, Delhi) and is also NET Qualified. She has previously worked as an Assistant Professor of Law in renowned university. She has a keen interest in writing on legal topics using academic and professional acumen.","postViews":6384,"readingTime":4,"_links":{"self":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/43942"}],"collection":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/users\/38"}],"replies":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/comments?post=43942"}],"version-history":[{"count":11,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/43942\/revisions"}],"predecessor-version":[{"id":52905,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/43942\/revisions\/52905"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media\/43944"}],"wp:attachment":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media?parent=43942"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/categories?post=43942"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/tags?post=43942"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}