BOCW Act Registration
We have been involved in rendering BOCW Act registration (Building & Others Construction Workers Act) services . These services are imparted under the guidance of skilled professionals as per set industry standards. In addition to this, these services are attributed amid our customers for cost-effectiveness. We at Radius are recognized as one of the trustworthy entity for BOCW Act registration consultants.
| Overview of BOCW Act Registration |
To resolve the issues of unskilled laborer’s 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 “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 the BOCW Act is extensive, its aspects cover the framework of other labour law legislations, but it specifically coordinates a lot with the Factories Act 1948. |
| What is the object of the BOCW Act 1996? |
| The main objective of the BOCW Act 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. |
| Purpose of Forming BOCW |
| The BOCW Act 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 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 age 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 this Act. |
| Workers can apply for the 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.” |
| Documents Required for BOCW Registration |
| 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 construction worker and nomination form. |
| 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 works 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 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 discharge of his duty under the Act or willfully 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. |