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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Although the provisions of certain Central Acts are applicable to the building and other construction workers yet a need has been felt for a comprehensive Central Legislation for regulating their safety, health, welfare and other conditions of service The State Governments and Xct Territory Administrations have been consulted ID the matter and a majority of them have favored such a legislation.
Several questions are usually asked by people, such as:. Do you have a Question or Comment? As Parliament was not in session 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, Hence, the term “building or other construction work” is defined in a manner that it does not include any building or other construction work to which the provisions of the Factories Act, apply.
An Overview on BOCW Act, 1996
When will this misery end? Most Read Contributor in India, November Risk to life and limb is also inherent.
Other Articles by – K. 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 to the Board by the Central Government; b all contributions made by the beneficiaries; c all sums received by the Board from such other sources as may be decided by the Central Government.
The building and other construction works are characterised by their inherent risk to the life and limb of the workers. As per Section 2 l of the Factories Act,’worker’ means a person employed in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any kind of work incidental to or connected with, the manufacturing process, or the subject of the manufacturing process.
The ambit of the BOCW Act is wide, particularly in a country where the infrastructure and construction sectors have seen significant growth.
Building and other construction workers are one of the most numerous and vulnerable segments of the unorganised labour in India. Real Estate Sector in India is one of the few sectors that have witnessed exponential growth in the last two decades. Notifications Poll Video Top Members. In building and other construction works more than eight million workers are engaged throughout the country. Last reviewed and updated on. The construction workers are the most numerous and vulnerable section in India.
The content of this article is intended to provide a general guide to the subject matter. Facts of the case: Acr us grow stronger by mutual exchange of knowledge. Page 1 2 3 Total Interested in the next Webinar on this Topic? More from this Author.
The Need for Development Cruelty against animals: The contents of these sites are not to be construed as a responsibility of or endorsement by Dept. In the construction industry, there is inherent risk to the life of the workers. Bookmarks Legal Dictionary Files Judiciary. There is also a provision in the BOCW Act for constitution of safety committees in every establishment employing or more workers with equal representation from workers and employers in addition to appointment of safety officers qualified in the field.
Thread Started by Dhiraj. However, there have been gaps in the clarity and enforcement until the courts have stepped in. By virtue of Articles 2 a of the Constitution the Building and Other Construction Workers Regulation of Employment and Conditions of Service Second Ordinance, promulgated on 27th March, would have also ceased to operate with effect from 4th July, Food, Drugs, Healthcare, Life Sciences.
Also, in a meeting of the Committee of State Labour Ministers constituted pursuant to the decision of the 41st Labour Ministers’ Conference held under the Chairmanship of the then Union Labour Minister on the 18th May,a general consensus had emerged on the need for the proposed Central Legislation.
As under Section 2 k ‘Manufacturing process’ includes the following: Energy and Natural Resources. Since the Bill could not be taken up for consideration it lapsed. This exclusion clause of Section 2 d has been used by employers to evade registration and payment of cess under the BOCW Act.
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.
Consequently, the provisions of the Factories Act would apply only when the manufacturing process commences, and even upon commencement of the manufacturing activity, it only covered those workers who are engaged hocw such manufacturing activity under the Factories Act and not construction workers.
An Overview on BOCW Act,
There are more than 28 million skilled and unskilled workers engaged in the construction sector in India. Removal of the Domicile Requirement for the Rajya Sabha – Making the representative nature of the body redundant? Whoever contravenes the provisions of any rules under BOCW Act shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both, and in the case of a continuing contravention, with an additional fine which may extend to one hundred rupees for everyday during which such contravention continues after conviction for the first such contravention.
In order to regulate the employment and conditions of service indiw 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.