The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 was implemented to regulate the employment and conditions of service of building and other construction workers and to provide for their health, safety and welfare measures and for other matters connected therewith or incidental thereto.
Its mandatory for all State Governments to constitute Building and Other Construction Workers Welfare Boards. The key activities of the Board, inter-alia, include the following:
- Death Benefits
- Funeral Benefits
- Maternity Benefits
- Grant for the purchase of work-related tools
- Providing immediate assistance to a beneficiary in case of accident
- Making payment of pension
- Sanctioning loans and advances for construction of house
- Paying amount in connection with premia for Group Insurance Scheme
- Giving financial assistance for the education of children
- Meeting medical expenses for major ailments etc.
Every building worker who is between the age of 18 & 60 and who has been occupied in any building or other construction work for not less than 90 days during the previous 12 months is entitled for registration as a beneficiary of the BOCW Welfare Fund under this Act.
Application for registration is to be made in the prescribed form and is to be accompanied with prescribed documents and a prescribed fee.
Application for registration has to be made to the officer authorized by the Board in this behalf. The application is considered and scrutinized under the central statute as well as the concerned state statute wherein the worker furnishes his residential proof. After successful submission, scrutiny is done by the concerned State Labour Board. After successful scrutiny, Labour Card is issued in the name of the applicant.
If the application is rejected, the applicant can review the reasons for the rejection of the application and he can re-apply for it.
Object of BOCW Act 1996
The object of the BOCW Act is to standardize the employment and conditions of service of BOCW Workers and to provide for their safety, health and welfare measures and for other matters associated therewith.
Applicability of BOCW Act 1996
It is applicable to every establishment/employer in which employs, or had employed on any day of the preceding twelve months, ten or more building workers in any building or other construction work.
Who is Employer?
In the case of an establishment, the owner thereof, in relation to a building or other construction work carried on by or under the authority of any Government department, the authority specified in this behalf, or the head of department where no authority is specified.
What is Establishment?
Establishment means any entity belonging to, or under the control of, Government, corporate or firm, an individual or association or other body of individuals which or who employs building workers in any building or other construction work
Registration of Establishment under BOCW Act 1996
Every employer of an establishment to which this Act applies and to which this Act may be applicable at any time is required to make an application in triplicate in form No. XII in case of offline mode with along with Govt fee to the registering officer for the area for the registration of his establishment within a period of 60 days of the commencement of the work.
On receipt of the application, the registering office shall after note on the receipt of the application by him, grant an acknowledgement to the applicant.
Issuing of Registration Certificate under BOCW Act 1996
After the receipt of the application, the registering office shall register the establishment and issue a certificate of registration to the applicant within a period of 15 days of the receipt of application in form No. XIII, if the application is complete in all respect.
Change of Ownership
In case after the registration of an establishment under this Act, any change occurs in the ownership or management or other particulars specified therein, the employer must intimate the registering officer within a period of 30 days of such change.