{"id":11209,"date":"2022-06-29T05:58:44","date_gmt":"2022-06-29T05:58:44","guid":{"rendered":"https:\/\/swaritadvisors.com\/blog\/?p=11209"},"modified":"2022-07-06T07:18:15","modified_gmt":"2022-07-06T07:18:15","slug":"analysis-of-the-bocw-act","status":"publish","type":"post","link":"https:\/\/swaritadvisors.com\/blog\/analysis-of-the-bocw-act\/","title":{"rendered":"Complete Analysis of the BOCW Act"},"content":{"rendered":"\n<p class=\"has-drop-cap\">There are more than 28\nmillion skilled workers in the construction sector in India. The industry is\nlabour-intensive, and most labourers are unskilled, unorganised and tend to\nwork under inhuman and pitiful conditions. To address such brutal working\nconditions and poor health &amp; safety standards in the real estate industry,\nthe government of India introduced the <strong><em>Building and other constructions workers\n(Regulation of Employment and Conditions of Service) Act, 1996<\/em><\/strong>. The\nBOCW Act is social welfare legislation to benefit workers involved in building\nand construction activities whole the country. The preamble of the BOCW Act\nclarifies the said objective: &#8220;<strong><em>an Act to control the employment &amp;\nconditions of favour of building and other construction workers and to deliver\nfor their safety, health, welfare measures and for other affair connected in\naddition to that or subsidiary to it&#8221;<\/em><\/strong>.<\/p>\n\n\n\n<p>The ambit of the BOCW Act\nis broad, particularly in a country where the infrastructure and construction\nsectors have seen significant growth. The BOCW Act&#8217;s object and framework are\nanalogous to other labour law legislation, but specifically, the BOCW Act is\nrelated to the <strong><em>Factories Act 1948.<\/em><\/strong><\/p>\n\n\n\n<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_65 counter-hierarchy ez-toc-counter ez-toc-light-blue ez-toc-container-direction\">\n<p class=\"ez-toc-title\">Table of Contents<\/p>\n<label for=\"ez-toc-cssicon-toggle-item-6a3a74269040b\" class=\"ez-toc-cssicon-toggle-label\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/label><input type=\"checkbox\"  id=\"ez-toc-cssicon-toggle-item-6a3a74269040b\"  aria-label=\"Toggle\" \/><nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/swaritadvisors.com\/blog\/analysis-of-the-bocw-act\/#A_Brief_Overview_of_the_BOCW_Act\" title=\"A Brief Overview of the BOCW Act\">A Brief Overview of the BOCW Act<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/swaritadvisors.com\/blog\/analysis-of-the-bocw-act\/#BOCW_Act_Welfare_Boards\" title=\"BOCW Act Welfare Boards \">BOCW Act Welfare Boards <\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/swaritadvisors.com\/blog\/analysis-of-the-bocw-act\/#Functions_of_the_BOCW_Welfare_Boards\" title=\"Functions of the BOCW Welfare Boards\">Functions of the BOCW Welfare Boards<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/swaritadvisors.com\/blog\/analysis-of-the-bocw-act\/#Penalties_under_BOCW_Act\" title=\"Penalties under BOCW Act\">Penalties under BOCW Act<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/swaritadvisors.com\/blog\/analysis-of-the-bocw-act\/#Conclusion\" title=\"Conclusion\">Conclusion<\/a><\/li><\/ul><\/nav><\/div>\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"A_Brief_Overview_of_the_BOCW_Act\"><\/span>A Brief Overview of the BOCW Act<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<ul><li>The Building and Other Construction Workers (Regulation &amp; Conditions of Service) Act, 1996 (BOCW Act) objective to provide for the regulation of employment and conditions of service of the Building and other construction workers as also their safety, health, welfare measures in all establishment which employs ort employed ten or more workers. <\/li><li>The <a href=\"https:\/\/swaritadvisors.com\/bocw-registration\" class=\"text-primary\"><strong>BOCW Act<\/strong><\/a> exempts the constriction of residential houses for its aim constructed with a cost not more than Rs. 10 Lakh. The provision in the Act for health and safety measures for the construction workers conforms with International Labour Organisation convention No. 167 regarding safety and health in the construction sector, amending the Safety Provisions (Building) Convention, 1937.<\/li><li>There is a provision in the BOCW Act for the constitution of safety committees in all establishments employing 500 or more workers with equal representation from workers and employers, in addition to the appointment of safety officers certified in the field. It also describes the Penalties of fine and imprisonment for violation and infringement of the BOCW Act.<\/li><li>The Workmen&#8217;s Compensation Act 1923 shall, until now may be, apply to building workers as if they had included the employment to which this Act applies in the Second Schedule to the BOCW Act.<\/li><li>Because the Building and Other Construction Workers Welfare Cess Act, 1996 is to issue for the levy &amp; collection of a cess on the cost of construction incurred by employers to boost the asset of the Building and Other Construction Workers Welfare Boards established UNDER the BOCW Act,1996<sup><a href=\"https:\/\/labour.gov.in\/whatsnew\/building-and-other-construction-workers-regulation-employment-and-conditions-service-act\" class=\"text-primary\"><strong>[1]<\/strong><\/a><\/sup>.<\/li><li>According to the Act, 1% cess shall be collected from all employers where the construction cost is more than Rs. 10 Lakhs. The local offices or the State Government collecting the cess to the Board after withdrawing the cost of collection of cess not exceeding 1% 0f the amount collected shall pay the proceeds of the collected cess. Further, by notification in the Official Gazette, the Central Government may exempt any employer or group of employers in a State from the deposit of cess unpaid by this Act where cess is already levied &amp; payable under any interconnected law in force in that State.<\/li><li>The collection of cess and management of the Welfare Boards would be the responsibility of the concerned State Governments. The local offices or the State Government collecting the cess to the Welfare Board after withdrawing the cost of collection of cess not exceeding 1% of the amount collected shall pay the proceeds of the cess per cent under this Act.<\/li><\/ul>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"BOCW_Act_Welfare_Boards\"><\/span>BOCW Act Welfare Boards <span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>All-State Government\nshall constitute a Board known as the Building and Other Construction Workers\nWelfare Board to exercise the authority conferred on and perform the functions\nassigned to it under the BOCW Act.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Functions_of_the_BOCW_Welfare_Boards\"><\/span>Functions of the BOCW Welfare Boards<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p><strong>Following are the\nfunctions of the BOCW Welfare Boards<\/strong>: <\/p>\n\n\n\n<ul><li>to give immediate assistance to a beneficiary in\ncase of an accident; <\/li><li>To provide payment of pension to the\nbeneficiaries who have achieved the age of sixty years; <\/li><li>To sanction loans &amp; advances to a\nbeneficiary for construction of a house not exceeding such amount and on such\nterms &amp; conditions as may be prescribed;<\/li><li>To pay such amount in connection with a premium\nfor the Group Insurance Scheme of the beneficiaries as it may be deemed fit; <\/li><li>To provide such financial assistance for the\neducation of children of the beneficiaries as may be prescribed; <\/li><li>To meet medical expenses for treatment of\nsignificant ailments of a beneficiary or, such dependent, as may be prescribed;\n<\/li><li>To provide payment of maternity benefits to the\nfemale beneficiaries; and<\/li><li>To make provisions and improvement of other\nwelfare measures and facilities as prescribed.<\/li><\/ul>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Penalties_under_BOCW_Act\"><\/span>Penalties under BOCW Act<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>Whoever breaches the\nprovisions of any rules under the BOCW Act shall be punishable with\nimprisonment for a term which may increase to 3 months, or with a fine which\nmay extend to 2000 rupees, or with both, and in the case of a continuing\nviolation, with an additional fine which may extend to 1000 rupees for every\nday during which such violation continues after conviction for the first such\nviolation.&nbsp; <\/p>\n\n\n\n<p>&nbsp;If any person who has been liable for an\noffence punishable under the Act is repeatedly guilty of a crime involving a\nviolation or failure to comply with the same provision. In that case, he shall\nbe punishable on a subsequent conviction with imprisonment for a period which\nmay increase to 6 months or with a fine which shall not be less than 5000\nrupees but which may extend to 2000 rupees or with both.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Conclusion\"><\/span>Conclusion<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>It is creditable that the\nIndian government has made welfare provisions for long-neglected construction\nworkers. However, there have been gaps in clarity &amp; enforcement until the\ncourts have stepped in. The Supreme Court has simplified that building and\nconstruction workers involved in factory premises are authorised to welfare\nmeasures under the BOCW Act. Although, now the question arises as to who is\naccountable for obligations by the BOCW Act. The word &#8220;employer&#8221; in\nthe BOCW Act is explained to include both contractors &amp; owners. Hence, the\nowners &amp; contractors pass the accountability to one another.<\/p>\n\n\n\n<p>It is recognised that the\nCentral Government is also planning to make amendments to the BOCW Act to\nspread the scope of applicability of the BOCW Act to enable the individual\nstate governments to execute the Acts, and it is hoped that the amendments will\ncorrectly benefit the construction workers by providing better &amp; safer work\nconditions.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>There are more than 28 million skilled workers in the construction sector in India. The industry is labour-intensive, and most labourers are unskilled, unorganised and tend to work under inhuman and pitiful conditions. To address such brutal working conditions and poor health &amp; safety standards in the real estate industry, the government of India introduced [&hellip;]<\/p>\n","protected":false},"author":11,"featured_media":11217,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1008],"tags":[1032],"acf":[],"_links":{"self":[{"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/posts\/11209"}],"collection":[{"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/users\/11"}],"replies":[{"embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/comments?post=11209"}],"version-history":[{"count":8,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/posts\/11209\/revisions"}],"predecessor-version":[{"id":11289,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/posts\/11209\/revisions\/11289"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/media\/11217"}],"wp:attachment":[{"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/media?parent=11209"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/categories?post=11209"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/tags?post=11209"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}