BOCW ACT 1996 INDIA PDF

The Building and Other Construction Workers Act is a social welfare legislation that aims to benefit workers engaged in building and. Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, (2) It extends to the whole of India. (3) It shall be. An Overview on BOCW Act, Please Wait.. Please Wait.. The construction workers are the most numerous and vulnerable section in India.

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Hence, the term “building or other acg work” is defined in a manner that it does not nocw any building or other construction work to which the provisions of the Factories Act, apply. In the absence of such information, it is difficult to fix responsibility or to take any corrective action.

Most Read Contributor in India, November You can also submit your article by sending to article lawyersclubindia. Also, the term ‘manufacturing process’ does not involve any process for construction of buildings.

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The Building and Other Construction Workers

If any person who has been convicted of any offence punishable under the Act is again guilty of an offence involving a contravention or failure of compliance of the same indiia, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to six months or with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees or with both.

The welfare fund is constituted by a Board and the fund is being called as the Building and Other Construction Workers’ Welfare Fund and there shall be credited thereto – a any grants and loans made adt the Board by the Central Government; b all contributions made by the beneficiaries; c all sums received by idnia Board from such other sources as may be decided by the Indoa Government.

The contents of these sites are not to be construed as a responsibility of or endorsement by Dept. The validity of these notices were challenged in several writ petitions before various Axt Courts on the ground that the BOCW Act was not applicable to cat factories as they were registered under the Sct Act.

Media, Telecoms, IT, Entertainment. The proceeds of the cess collected under this Act shall be paid by the local authority or the State Government collecting the cess to the Welfare Board after deducting the cost of collection of such cess not exceeding one percent of the amount collected.

Environment Norms Silences Construction Experts. To address such inhuman 19996 conditions and poor health and safety standards in the real estate industry, the Government of India enacted the Building and Other Constructions Workers Regulation of Employment and Conditions of Service Act, hereinafter referred to as the “BOCW Act”.

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As per Section 2 d of the BOCW Act, ‘building or other construction work’ includes ‘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 storm water drainage worksgeneration, transmission and distribution of power, water works including channels for distribution of wateroil and gas installations, electric lines, wireless, radio; television, telephone, telegraph and overseas communication dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aquaducts, 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, 63 ofor the Mines Act, 35 ofapply.

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You are Visitor No. As Parliament was not in ach and in view of the urgency felt by the Government for meeting the longstanding demand for the aforesaid legislation, the President was pleased to promulgate the Building and Other Construction Workers Regulation of Employment and Conditions of Service Ordinance, Ordinance 14 of along with another Ordinance for the levy of a cess on the 3rd November, The ambit of the BOCW Act is wide, particularly in a country where the infrastructure and construction sectors have seen significant growth.

Disclaimer Privacy Policy Contact Us. Do you have a Question or Comment? In the absence of adequate statutory ondia, the requisite information regarding the number and nature of accidents is also not forthcoming. Is there an amendment to the Factory Act Avt BOCW Act is a social welfare legislation that aims to benefit workers engaged in building and construction activities across the country.

Let us grow stronger by mutual exchange of knowledge. In the construction industry, there is inherent risk to the life of the workers.

An Overview on BOCW Act,

Shrimp hatchery – license for our new Hatchery in a Gujarat State – In which Act it will be registered? As per factory Act at Rajasthan – What should be the qualification for Welfare officer. In building and other construction works more than eight million workers are engaged throughout the country.

The functions of the welfare boards are – a to provide immediate assistance to a beneficiary in case of accident; b to make payment of pension to the beneficiaries who have completed the age of sixty years; c to sanction loans and advances to a beneficiary for construction of a house not exceeding such amount and on such terms and conditions as may be prescribed; d to pay such amount in connection with premium for Group Insurance Scheme of the beneficiaries as it may be deem fit; e to give such financial assistance for the education of children of the beneficiaries as may be prescribed; f to meet such medical expenses for treatment of major ailments of a beneficiary or, such dependent, as may be prescribed; g to make payment of maternity benefit to the female beneficiaries; and h to make provision and improvement of such other welfare measures and facilities as may be prescribed.

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In order to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare measures the Building and Other Construction Workers Regulation of Employment and Conditions of Service Ordinance, Ord.

BOCW ACT – CiteHR

Specialist advice should be sought about your specific circumstances. The Building and Other Construction Workers Regulation and Conditions of Service Act, for short the BOCW Act aims to provide for regulation of employment and conditions of service of the building and other construction workers as also their safety, health and welfare measures in every jndia which employs or employed ten or more workers.

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However, the Respondents called for a more beneficial interpretation to the exclusion clause on the ground that the legislation must cater to the benefits of construction workers. Thread Started by Dhiraj.

The construction workers are the most numerous and vulnerable section in India. An Insight On Defaults.

Bookmarks Legal Dictionary Files Judiciary. The work is also characterised by its casual nature, temporary relationship between employer and employee, uncertain working hours, lack of basic amenities and inadequacy of welfare facilities.

BOCW ACT 1996

Applicability of bocw act to construction work in the factory premises 11 Replies 2 Files. Although the provisions of certain Central Acts were applicable to the building and other construction workers yet a need was felt for a comprehensive Central Legislation for regulating the safety, welfare and other conditions of service of these workers.

Further, the Central Government may, by notification in the Official Gazette, exempt any employer or class of employers in a State from the payment of cess payable under this Act where such cess is already levied and payable under any corresponding law in force in that State. Hence, the Factories Act covers only those workers who are engaged in the manufacturing process or any work that is incidental to the manufacturing process, and not workers who are involved in building and construction works.

It is laudable that the Indian government has made welfare provisions for long neglected construction workers. Interested in the next Webinar on this Topic?