{"id":11300,"date":"2022-07-06T09:40:54","date_gmt":"2022-07-06T09:40:54","guid":{"rendered":"https:\/\/swaritadvisors.com\/blog\/?p=11300"},"modified":"2022-07-06T09:45:46","modified_gmt":"2022-07-06T09:45:46","slug":"meaning-of-building-and-other-construction-workers","status":"publish","type":"post","link":"https:\/\/swaritadvisors.com\/blog\/meaning-of-building-and-other-construction-workers\/","title":{"rendered":"Meaning of Building and Other Construction Workers: An Overview"},"content":{"rendered":"\n<p>The both Houses of\nParliament passed the Building and Other Construction Workers (Regulation of\nEmployment and Conditions of Service) Bill with the consent of the President on\n19<sup>th<\/sup> August 1996. It came in the Statute Book as <strong><em>The\nBuilding and Other Construction Workers (Regulation of Employment &amp;\nConditions of Service) Act,1996 &amp; rule 27 of 1996.<\/em><\/strong><\/p>\n\n\n\n<p>An Act to control the employment and conditions of service in building and other construction workers and to give their safety, health and welfare measures and other matters connected or incidental to that. In this writing, we will discuss the meaning of Building and Other Construction Workers.<\/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-6a3ac75ad5350\" 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-6a3ac75ad5350\"  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\/meaning-of-building-and-other-construction-workers\/#What_is_the_definition_of_a_Building_Worker\" title=\"What is the definition of a Building\nWorker?\">What is the definition of a Building\nWorker?<\/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\/meaning-of-building-and-other-construction-workers\/#Needs_for_the_Building_and_Other_Construction_Workers_Act\" title=\"Needs for the Building and Other\nConstruction Workers Act\">Needs for the Building and Other\nConstruction Workers Act<\/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\/meaning-of-building-and-other-construction-workers\/#Registration_of_Establishments\" title=\"Registration of Establishments.\">Registration of Establishments.<\/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\/meaning-of-building-and-other-construction-workers\/#Building_and_Other_Construction_Workers_as_Beneficiaries\" title=\"Building and Other Construction Workers\nas Beneficiaries\">Building and Other Construction Workers\nas Beneficiaries<\/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\/meaning-of-building-and-other-construction-workers\/#Registration_of_Building_Workers_as_Beneficiaries\" title=\"Registration of Building Workers as\nBeneficiaries\">Registration of Building Workers as\nBeneficiaries<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/swaritadvisors.com\/blog\/meaning-of-building-and-other-construction-workers\/#Cessation_of_Construction_Workers_as_a_Beneficiaries\" title=\"Cessation of Construction Workers as a Beneficiaries \">Cessation of Construction Workers as a Beneficiaries <\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/swaritadvisors.com\/blog\/meaning-of-building-and-other-construction-workers\/#Conclusion\" title=\"Conclusion\">Conclusion<\/a><\/li><\/ul><\/nav><\/div>\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"What_is_the_definition_of_a_Building_Worker\"><\/span>What is the definition of a Building\nWorker?<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>According to Section 2 (e),\na building worker means an individual who is employed to do any skilled,\nsemi-skilled\/unskilled, manual, supervisory, technical\/clerical work for hire\nor reward, whether the terms of employment be implied or expressed, in\nconnection with any building and other construction work but does not involve\nany such person-<\/p>\n\n\n\n<ol><li>Who is employed primarily on a managerial or\nadministrative ;<\/li><li>Those used in a supervisory capacity draw wages\nexceeding one thousand six hundred rupees per month or exercise. Either by the nature\nof the works attached to the office or because of the powers vested in him, he\nfunctions mainly of a managerial nature;<\/li><\/ol>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Needs_for_the_Building_and_Other_Construction_Workers_Act\"><\/span>Needs for the Building and Other\nConstruction Workers Act<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<ul><li>In India, more than 80 crore skilled or unskilled workers are in the building construction sector.<\/li><li>The construction industry is entirely<strong> labour-intensive<\/strong><sup><a href=\"https:\/\/en.wikipedia.org\/wiki\/Labor_intensity\" class=\"text-primary\"><strong>[1]<\/strong><\/a><\/sup>, and most workers Are unskilled and unsystematic and generally work in miserable and inhuman conditions.<\/li><li>These building construction workers are part of the vulnerable segments of the unorganized sector in India. <\/li><li>To address these inhuman working conditions, ill-treatment, poor facilities, poor health, and necessary safety measures in the construction sector, the Government enacted the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.<\/li><\/ul>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Registration_of_Establishments\"><\/span>Registration of Establishments.<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p><strong>Every employer shall-<\/strong><\/p>\n\n\n\n<p>(a) About an\nestablishment to which this Act applies on its commencement, within sixty days\nfrom such commencement; and<\/p>\n\n\n\n<p>(b) About any other\nestablishment to which this Act may be applicable at any time after such\ncommencement, with of sixty days from the date on which this Act enhance\napplicable to such establishment,<\/p>\n\n\n\n<p><strong>take an application to the registering officer for the registration of\nsuch establishment<\/strong>:<\/p>\n\n\n\n<p>The registering officer\nmay involve any such application after the expiry of the periods aforementioned\nif they are fully satisfied that the applicant was prevented by adequate cause\nfrom making the application within such period.<\/p>\n\n\n\n<ol><li>Every application under sub-section (1) will be\nin such form, contain such particulars, and be accompanied by such fees as may\nbe prescribed.<\/li><li>After receiving an application under sub-section\n(1), the registering officer shall register the establishment, issue a Registration\nCertificate to the employer thereof in the given Form and within the given\ntime, and be subject to the given conditions as may be prescribed.<\/li><li>&nbsp;Where,\nafter the registration of an establishment by this section, any change occurs\nin the ownership or management or the employer to the registering officer shall\nintimate other prescribed particulars concerning such establishment, the\ndetails regarding such change within thirty days of such change in such Form as\nmay be specified.<\/li><\/ol>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Building_and_Other_Construction_Workers_as_Beneficiaries\"><\/span>Building and Other Construction Workers\nas Beneficiaries<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>Every Construction worker\nwho has completed the age of eighteen years but is below the age of sixty years\nand has been engaged in building construction work for not less than ninety\ndays in the preceding twelve months is eligible to obtain registration as a\nbeneficiary. Workers registered as beneficiaries are entitled to get advantages\nfrom the board from its fund by this Act.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Registration_of_Building_Workers_as_Beneficiaries\"><\/span>Registration of Building Workers as\nBeneficiaries<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<ul><li>The registration Application form is to be made in the suggested format to the officer appointed under the board for this aim<\/li><li>Application made to the authorized officer ned to be accompanied with the fees not exceeding\u00a0Rs50 as the case may be<\/li><li>Suppose the authorized officer is satisfied that the applicant has complied with the provisions of the Act. In that case, they will register the name of the Building and construction workers as beneficiaries.<\/li><li>if the officers are not satisfied with the application of the workers, they can reject the application form but not without giving the      opportunity of being heard<\/li><li>an applicant aggrieved by the decision of the authorized officer can proceed to the secretary of the board and any other officer      authorized for the same within\u00a0 the period of thirty days from the date of given decision<\/li><li>appeal by the aggrieved workers will be entertained after the      expiry of thirty days only if the secretary or officer in charge is      satisfied with the reasons given for the delay in filing the appeal<\/li><\/ul>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Cessation_of_Construction_Workers_as_a_Beneficiaries\"><\/span>Cessation of Construction Workers as a Beneficiaries <span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>According to section 14 of the<strong> <a href=\"https:\/\/swaritadvisors.com\/bocw-registration\" class=\"text-primary\">BOCW Act<\/a><\/strong>, a building &amp; construction worker registered as a beneficiary will cease to be a beneficiary when they attain the age of 60 years or are not doing Building &amp; other construction work for not exceeding ninety days in a year. The calculation of ninety days will exclude the time a Building &amp; construction workers are absent due to any injury or accident caused during work.<\/p>\n\n\n\n<p>The registered\nbeneficiaries under this Act is entitled to contribute to the beneficiaries\nfund until he\/she attains the age of sixty years at the rate per month\nprescribed by the Government; by notification, the Official Gazette and\ncontribution rate differ according to the classes of Building and another\nconstruction worker. Suppose the beneficiaries cannot contribute to the fund\nbecause of financial hardship. In that case, the board can waive off the\npayment of contribution for a period not exceeding three months at a time. As\nper the Act, the employer deducts the contribution from the monthly wages or\nremits the same to the board within 15 days.<\/p>\n\n\n\n<p>The beneficiaries will cease to be a beneficiary on the ground of non-contribution of funds for a continuous time of not less than a year. If the board is satisfied with the delay in non-payment of funds and the beneficiaries are ready to pay the liability, the registration of beneficiaries will stand restored.<\/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 admirable that the Indian Government has made social welfare arrangements for the long-neglected construction workers. Still, there have been some grey premises left in the statute, which needs clarification, and enforcement until the judiciary has stepped in to settle the matter. as per Section 2(1)(i) of the BOCW Act, explain the &#8217;employer&#8217; and comprise both owner and contractor of the construction premises under its limit. Therefore, the contractor and owner start shifting their liability and responsibility to one another. In addition, the State Governments have to be accountable for the unutilized cess collected fund and implement the remaining funds for the welfare of construction workers.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The both Houses of Parliament passed the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Bill with the consent of the President on 19th August 1996. It came in the Statute Book as The Building and Other Construction Workers (Regulation of Employment &amp; Conditions of Service) Act,1996 &amp; rule 27 of [&hellip;]<\/p>\n","protected":false},"author":11,"featured_media":11301,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1008],"tags":[1038],"acf":[],"_links":{"self":[{"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/posts\/11300"}],"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=11300"}],"version-history":[{"count":10,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/posts\/11300\/revisions"}],"predecessor-version":[{"id":11312,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/posts\/11300\/revisions\/11312"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/media\/11301"}],"wp:attachment":[{"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/media?parent=11300"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/categories?post=11300"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/tags?post=11300"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}