An Overview of BOCW Registration
In the construction industry, there is an intensive risk to the life and limb of the workers. The Government of India has introduced the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, as the solution for unskilled Workers who works in heart-breaking condition. The Act is also known as the "BOCW Act". It extends to the whole of India. The main aim of the Act is to check the working Conditions of the Workers. The execution of welfare schemes relating to heath and maternity cover, life and disability covers, skill development, transit housing, financial assistance for the education of wards etc. The worker of building and other construction has been delegated to state/UT BOCW Welfare Boards under Section 22 of the Act.
The Act regulated the Regulation of Employment and conditions of service of building and Construction workers and provided for workers' safety, health and welfare measures. The BOCW Act Spared the construction of residential houses for own uses with the cost of Up to 10 Lakh.
In BOCW Act, there are provisions for health and safety measures for the workers following international labour Organisation convention No. 167 concerning safety and health in the construction sector, revising the safety provisions (building) convention, 1937.
Objective of the BOCW Act
The objective of the BOCW Act is to provide for regulation and conditions of service of the building and other construction workers and provide their safety, health and welfare measures in every establishment which employs and employed ten or more than ten workers. Following are the primary purposes of the BOCW Registration:-
- The Act makes sure that labours are not being exploited and that a healthy and safe working environment is given to them.
- Each state government must constitute their building and other construction workers' welfare board by the government of India.
- BOCW Registration includes providing quick help to the labours in case of any problems and accidents, providing pensions, issuing loans for housing construction, making payments related to premia for group insurance scheme, providing financial aid for children’s educations, supporting workers by carrying their medical expenses in case of a significant ailment.
- Every building worker between the age of eighteen to sixty and who has been working with any construction or other development work for the ninety days during the previous year is qualified for registration as a recipient of the BOCW welfare fund under this Act.
- Labours can apply for the registrations in the described form with the required documents and registration fees, which are not more than fifty rupees.
- Application is filed to the officer who is authorised by the board.
Benefits of BOCW Registration
- Death benefits: - If any worker dies during the work, the worker's family is complicated with some funds, and one member of the worker's family provides a job.
- Maternity benefits: - If any woman worker is pregnant, she will provide leave benefits and provide full payment from work during the maternity.
- Funeral benefits: - the industry provides the cost of the funeral of workers.
- Grant for the purchase of work-related tools: Workers will provide a grant by the industry for the essential tools for the work.
- Making pension payment: - After workers' retirement, they will provide a pension by the industry where they worked.
- In case of an accident: - Providing immediate assistance to a beneficiary.
- Workers can take Sanctioning advances and loans for the purpose of construction of the house.
- Workers can take the medical expenses for significant diseases etc.
- Workers can take financial support for the children’s education.
- Paying amount in connection with premia for the group insurance scheme.
Registration of building workers as beneficiaries
According to this Act, every building worker who is registered as a beneficiary under the BOCW Act shall be eligible for the benefits provided by the board from its fund under BOCW Act.
- Each construction worker whose age is eighteen years, but not completed sixty years of age, who has been working in the building or other construction work for at least ninety days during the preceding twelve months will be eligible for registration as a beneficiary under BOCW Act.
- The application of registration will be made in the form as may be prescribed by an authorised officer on behalf of the board.
- Each application of sub-section (2) will be followed by the documents with fifty rupees of fee as prescribed.
- As per sub-section (2), if the authorised officer is satisfied with the application of the applicant and has obeyed the provisions and rules of the BOCW Act, he will register the name of the construction worker as a beneficiary under the BOCW Act.
- If any person is unhappy with the order of sub-section(4), the person may prefer an appeal before the district judge within 30 days from the date of knowledge thereof; the decision of the district judge will be final.
Registration of Establishments under the BOCW Act
- Every employer shall-
- In connection to an establishment to which this act applies on its beginning, within 60 days from such beginning;
- In connection to any other establishment to which this action may be appropriate at any time after such beginning, within 60 days from the date on which this becomes related to such establishment, make an application to the registering officer for the registration of such establishment;
- The application under sub-section (1) shall be in such form, shall contain such specific, and shall be conducted by such fees as may be determined.
- After receiving an application under sub-section (1), the registering officer shall register the establishment and issue a certificate of registration to the employer thereof in such form and within such time and subject to such situations as may be determined.
- Under this section, any change that happens in the ownership or the employer to the registering officer shall close management or other prescribed particulars in respect of such establishment, the particulars registering regarding such change within 30 days of such change in such form as may be determined.
Documents Required for BOCW Registration
Following are some vital documents required for BOCW Registration:
- Age proof ( if you don’t have age proof, then self-declaration is mandatory);
- Residence proof ( current address and permanent address);
- Aadhar Card;
- Bank Account details (bank branch, account No. And IFSC/RTGS number);
- Details of dependents and employer’s certificate of working for ninety days as building worker and nomination form.
Process of BOCW Registration
Following is the procedure of BOCW Registration in India:
- Those workers who want to enrol in BOCW Registration. First, they need to enrol in the Central BOCW web portal (to the process, you need to login with your valid email I’d, and then the password details will be sent to your User registered mobile number and email I’d)
- After the login, you need to fill the Basic Information Performa (BIP) on the portal ( information related to the establishment - address of the industry, details of workers, details of employer, declaration and construction details are needed).
- All documents should be in the prescribed format, and the size needs are attached to the application form.
- Pay the fees of registration not more than fifty rupees (payment can be paid online or offline as per the applicant's convenience).
- The certificate is issued if all the documents are provided as per the desired norms and guidelines.
Responsibilities or Liabilities of the Employer
- The employer has the responsibility to give content and proper administration and direction in the building or any other construction work in his formation to sure compliance with the provision of the BOCW Act regarding the safety and taking all-important practical steps essential to prevent accidents.
- The employer is responsible for sending the notification to the area inspector for the inspection before the 30 days of commencing of any building.
- The employer has the responsibility to inform the inspector regarding the change within two days if any alteration occurs in any of the details provided under sub-section (1).
Revocation of BOCW Registration Certificate
The authorised officer can revoke the BOCW Registration Certificate if:
- The officer is not satisfied with the material fact.
- Any misrepresentation was held.
- The provisions of the Act are not obeyed with either on a reference being made to him on the behalf or
- For any reason, the BOCW Registration has become useless or ineffective.
Punishment or Penalty
- As per section 46, if an employer does not give notice of the beginning of the building or other construction work, punish the employer shell with a sentence of three months or with a fine of 2000 rupees or both.
- If anyone interferes with an inspector during discharge of his duty under the Act or refuses to support the inspector In the process of any examination, inspection, inquiry, or investigation as sanctioned by or under the Act, they shall be punished with imprisonment for three months or with fine of 1000 rupees, or with both.
- Whoever intentionally does not submit any documents to the inspector in the execution of this Act or tries to stop any person from being examined by an inspector and trying to stop the inspector from acting in the performance of his duty under this Act will be punished with the imprisonment of 3 months or with fine or 1000 rupees or with both.
Why Swarit Advisors?
Swarit Advisors is one of the platforms that help you with the legal and documentation related to the BOCW Registration. All are willing to resolve your doubts regarding registration under the BOCW Act excellently.
Frequently Asked Questions
Any building labours registered members of the board will benefit from the welfare scheme for themselves and their families.
Any skilled, semi-skilled, and unskilled building and other construction workers can apply for the registration under the BOCW Act.
The required documents in the registrations are age proof, adhar card (if available), address proof, bank account details, and the detail of dependents and employers certificate of working for 90 days as a building and other construction worker and nomination form.
Wife or husband of the workers, minor sons, prominent sons who are unsound mind or physically challenged and unable to earn, unmarried daughters and the parents of the construction worker, who are entirely dependent on him.
Worker inspectors of the jurisdiction.
Section 2 (e) defines "a person who is employed to any skilled, semi-skilled, unskilled, supervisory, manual, 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".
To regulate the employment & condition of service of building & other construction workers and to provide for their safety, health & welfare measures & for other matters connected or associated in addition to that.