Overview

To address the issues of unskilled laborers who work under deeply pathetic conditions, the Government of India has introduced the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996; Also called act “BOCW Act”. The purpose of this Act is to monitor the working conditions of workers. It functions as a social welfare scheme aimed at providing benefits to workers involved in construction and construction related activities across the country. The preamble of the BOCW Act states 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 scope of the BOCW Act is wide, its aspects cover the framework of other labor law legislations, but specifically speaking it coordinates a lot with the Factories Act, 1948.

Objectives

• The BOCW Act ensures that workers are not being exploited and provides a healthy and safe working environment for them.
• The Government of India has made it mandatory for each state government to set up its own buildings and other construction workers welfare boards.
• The functions 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 major ailment.
• Every building worker who is between the age of eighteen and sixty years and who has been engaged in any building or other development work for a very short ninety days during the previous year, as a recipient of BOCW welfare Is eligible for Funds under this Act.
• Workers can apply for registration in the prescribed form along with the required documents and registration fee which does not exceed fifty rupees.
• In this regard, the application is made by the Board to the authorized officer.

Limited coverage of 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.”

From the above definition it is clear that a building worker is someone who is extensively engaged in the building or construction work. So, let’s dig into the definition of “building or construction work”

As per Section 2(d) of the BOCW Act, "building or other construction work" covers "Construction, alteration, repair, maintenance or demolition - or, in relation to, buildings, roads, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm drainage works), electricity , Water works (including channels for the distribution of water), oil and gas installation, power lines, wireless, radio; Television, telephone, telegraph and foreign communication dams, canals, reservoirs, waterways, tunnels, bridges, bridges, sluices, pipelines, towers, cooling towers, transmission towers and such other functions as may be specified by the appropriate Government in this direction. Notification but does not include any building or other construction work to which the provisions of the Factories Act 1948 (63 of 1948) or the Mines Act, 1952 (35 of 1952) apply."

The term “building or other construction work” is mentioned in a way that it does not cover any building or other construction work to which the laws of the Factories Act, 1948 applicable. Employers use this exclusion clause of Section 2(d) to escape themselves from registration process and tax under the BOCW Act. Employers who are already registered under the Factories Act, 1948, don’t want to get registered under the purview of the BOCW Act.

Section 2 (I) of the Factories Act, 1948 defines a worker as a person who is involved in the construction process, or the cleaning activity of any part of the machinery or premises used for the manufacturing process Is in, or is any kind of work that is somehow related to the manufacturing process, or the subject of the manufacturing process.

Required Documents

• Age proof (if no age proof itself is available),
• Residence proof,
• adhar card (if available),
• Bank account details (bank branch, account number and IFSC / RTGS number),
• detail of dependents and employer’s certificate of working for 90 days as construction worker and nomination form.

As per Section 2 (k) “manufacturing process” covers the following:

• Making, altering, repairing, repairing, embellishing, finishing, packing, oiling, washing, cleaning, breaking, or otherwise using any article or substance for its use, sale, transport, distribution or disposal, or otherwise To treat or adapt an article or substance.
• Pumping oil, water, sewage or any other substance.
• Generating, changing or transmitting electricity.
• Type writing for printing, printing by letter press, lithography, photovoltaire or other similar process or book binding.
• Construction, reconstruction, repair, repair, refining, or breaking of ships or vessels.
• Preserving or storing an article in cold storage.

It is deduced that the expression "worker" under the Factories Act, 1948, doesn't include an individual engaged with the development of buildings. Likewise, the expression "manufacturing process" doesn't include any procedure for development of buildings. Consequently,The Factories Act includes only those workers who are occupied with the construction process or any work that is incidental to the construction process, and not workers who are involved with construction and development work.

Registration Procedure

Indian government’s effort towards the welfare of neglected construction workers is appreciable. Though, BOCW act has faced delay in its enforcement and clarity until the court stepped in. Supreme Court has made it clear and mandatory for the building and construction workers who are involved in the construction process of factory premises are entitled to receive welfare measures under the BOCW Act.

 In any case, presently the question emerges regarding who is answerable for commitments under the BOCW Act. The expression "employer" in the BOCW Act is characterized to incorporate the two temporary workers and proprietors. Henceforth, the proprietors and the contractual workers pass the obligation to each other.

It is understood that the Central Government intends to make changes to the BOCW Act to increase the extent of applicability of the BOCW Act to empower additional state governments to execute the Acts and it is hoped that the reforms Will actually benefit construction workers by providing better and more secure working conditions.

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