BOCW ACT 1996 PDF

The Building and Other Construction Workers Act is a social welfare legislation that aims to benefit workers engaged in building and. (27 OF ). [19th August, ]. An Act to regulate the employment and conditions of service of building and other construction workers and to provide for their. requirements as per BOCW Act and Rules. (c) Appendix no Site SHE plan. (d) Appendix no Workplace policy on HIV/AIDS prevention .

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The real estate sector has been one of the top-most contributors to the country’s Gross Domestic Product GDP and employment creation. Hence, the Factories Act covers only those workers who are engaged in the manufacturing process or any work that is incidental to the manufacturing process, and not workers who are involved in building and construction works. Site contents owned, maintained and updated by Dept. Also, in a meeting of the Committee of State Labour Ministers constituted pursuant to the decision of the 41st Labour Ministers’ Conference held under the Chairmanship of the then Union Labour Minister on the 18th May,a general consensus had emerged on the need for the proposed Central Legislation.

As per Section 2 d of the BOCW Act, ‘building or other construction work’ includes ‘the construction, alteration, repairs, maintenance or demolition- of or, in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works including storm water drainage worksgeneration, transmission and distribution of power, water works including channels for distribution of wateroil and gas installations, electric lines, wireless, radio; television, telephone, telegraph and overseas communication dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aquaducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the appropriate Government, by notification but does not include any building or other construction work to which the provisions of the Factories Act, 63 ofor the Mines Act, 35 ofapply.

In building and other construction works more than eight million workers are engaged throughout the country. In view of the urgency attaching to the matter and as Parliament was not in Session, the President was pleased to promulgate the Building and Other Construction Workers Regulation of Employment and Conditions of Service Third Ordinance, Ordinance 25 ofon 10th June, in order to give continued effect to the legislative protection envisaged in the said ordinance. Click here to register your Interest.

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It is understood that the Central Government is also planning to make amendments 4 to the BOCW Act to widen the scope of applicability of the BOCW Act to enable the respective state governments to implement the Acts and it is hoped that the amendments will truly benefit the construction workers by providing better and safer work conditions.

To address such inhuman working conditions and poor health and safety standards in the real estate industry, the Government of India enacted the Building and Other Constructions Workers Regulation of Employment and Conditions of Service Act, hereinafter referred to as the “BOCW Act”. Hence, the term “building or other construction work” is defined in a manner that it does not include any building or other construction work to which the provisions of the Factories Act, apply. The Petitioner construction companies which are engaged in construction activities argued that once the undertaking or the establishment had obtained a license for registration under the Factories Act, the BOCW Act was not applicable on account of the exclusion under Section 2 1 d of the BOCW Act.

These workers are one of the most vulnerable segments of the unorganised labour in India. News About this Firm.

Although the provisions of certain Central Acts are applicable to the building and other construction workers yet a need has been felt for a comprehensive Central Legislation for regulating their safety, health, welfare and other conditions of service The State Governments and Union Territory Administrations have been consulted ID the matter and a majority of them have favored such a legislation.

In pursuant to the decision of the 41st Labour Ministers Conference held on 18th May,the Committee of State Labour Ministers had expressed its consensus for the Central Legislation on this subject.

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Applicability Of The BOCW Act, On Factories – Real Estate and Construction – India

The building and other construction works are characterised by their inherent risk to the life and limb of the workers. The Supreme Court has clarified that building and construction workers engaged in factory premises are 196 to welfare measures under the BOCW Act. Facts of the case: Several questions are usually asked by people, such as:.

For the said purpose, it has been considered appropriate to bring in a comprehensive legislation by suitably amplifying the provisions of the Building and Other Construction Workers Regulation of Employment and Conditions of Service Bill, which was introduced in the Rajya Sabha on the 5th December, Worldwide Europe European Union U.

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As under Section 2 k ‘Manufacturing process’ includes the following: Events from this Firm. More from this Author. Most Read Contributor in India, November The contents of these sites are not to be construed as a responsibility of or endorsement by Ac.

The Building and Other Construction Workers

In the absence adt adequate statutory provisions, the requisite information regarding the number and nature of accidents is also not forthcoming. Real Estate Sector in India is one of the few sectors that have witnessed exponential growth in the last two decades. However, there have been gaps in the clarity and enforcement until the courts have stepped in. In view of the above, nocw is inferred that the term ‘worker’ under the Factories Act, does not involve a person involved in the construction of buildings.

The Building and Other Construction Workers

As Parliament was not in obcw and in view of the urgency felt by the Government for bicw the longstanding demand xct the aforesaid legislation, the President was pleased to promulgate the Building and Other Construction Workers Regulation of Employment and Conditions of Service Ordinance, Ordinance 14 of along with another Ordinance for the levy of a cess on the 3rd November, In order to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare measures the Building and Other Construction Workers Regulation of Employment and Conditions of Service Ordinance, Ord.

As per Section 2 l of the Factories Act,’worker’ means a person employed in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any kind of work incidental to or connected with, the manufacturing process, or the subject of the manufacturing process. Since the Bill could not be taken up for consideration it 199. Media, Telecoms, IT, Entertainment. The content of this article is intended to provide a general guide to the subject matter.