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The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, often known as the "BOCW Act," was introduced by the Indian government to address the problems associated with unskilled employees who work in intensely deplorable conditions.
BOCW Act registration is mandatory for all construction companies with 10 or more workers. At Law Samadhan, we understand the importance of compliance with the BOCW Act and the benefits it can bring to both employers and employees. Trust us to guide you through the hassle free registration process.
The BOCW Act's scope is broad; its components include the groundwork for other labor law statutes, but more specifically, they closely align with the Factories Act of 1948. Monitoring the working conditions of the workforce is the aim of this Act. It serves as a social welfare program to give benefits to the workers engaged in building and construction-related activities around the nation. It was conceptualized to cover their welfare, safety, health precautions, and other related issues.
1. Anchor against exploitation: The BOCW Act guarantees that workers are not exploited and are given access to a safe and healthy working environment.
2. Mandatory: Every State government in India is required by law to establish its Building and Other Construction Workers’ Welfare Boards.
3. Provide coverage: Takes care of welfare through
a. Pensions
b. Loans for home construction
c. Paying premiums for group insurance schemes,
d. Helping with the cost of children's education
e. Immediate medical assistance in the event of/ after an accident or mishap
f. Covering their medical costs in the event of a serious illness.
1. Death Benefits.
2. Maternity Benefits
3. Funeral Benefits
4. Grant for the purchase of work-related tools
5. Making pension payment
6. In case of an accident, providing immediate assistance to a beneficiary
7. Sanctioning advances and loans for the purpose of construction of a house
8. Meeting the medical expenses for major ailments etc.
9. Giving financial support for the children’s education
10. Paying amount in connection with premia for Group Insurance Scheme
To be registered as a BOCW Welfare Fund recipient under this Act, a building worker must be between the ages of eighteen and sixty, and have worked on any type of building or construction project for at least ninety days of the previous year.
Workers may submit an application for registration to the officer designated by the Board in the approved manner and with the required supporting documentation and registration fee, which cannot exceed fifty rupees.
An Employer Must
• Provide constant and sufficient administration and supervision of any building or other construction work in his establishment to ensure compliance with this Act's safety provisions and take all practical precautions necessary to prevent accidents.
• Send or cause to be sent to the Inspector who has authority in that area where the intended building or any other construction works is to be undertaken at least 30 days before the commencement of any building or any other construction work.
• Within two days of the change, notify the Inspector of any changes and any other information under subsection (1)
Often, Employers registered under the Factories Act of 1948 utilize the exclusion clause in Section 2(d) of the act to avoid paying taxes and registering for the BOCW Act. However, the Factories Act of 1948 does not include a person involved in the construction of buildings.
| Act | Penalty | |
|---|---|---|
| 1 | Under section 46, any employer who fails to notify the government of the start of a building project or other construction activity | Imprisonment Sentence of up to three months, or a fine of up to ₹2,000, or both. |
| 2 | Anyone who impedes an Inspector during the performance of his duty(examination, inspection, investigation, or inquiry) under the Act | Imprisonment Sentence of up to three months, or a fine of up to ₹1,000, or both. |
| 3 | Anyone who wilfully refuses to or attempts to hinder providing any documents or register upon demand by the Inspector as per the Act | 3 months of Imprisonment Sentence, or a fine of up to ₹1,000, or both. |
• Date of birth proof (If not a self-declaration),
• address proof
• Aadhar card
• Bank account details
• Details of dependents and employer’s
certificate who is working for 90 days as construction worker and nomination form.
The BOCW Act registration has to be renewed annually.
Yes, BOCW Act registration is mandatory for all construction companies in India that employ more than 10 workers.
The time required to get BOCW Act registration varies, but it typically takes around 2-4 weeks from the date of submission of the application.
No, there is no limit on the number of workers that a construction company can register under BOCW Act.