The Building and Other Construction Workers Act is a social welfare legislation that aims to benefit workers engaged in building and. Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, (2) It extends to the whole of India. (3) It shall be. An Overview on BOCW Act, Please Wait.. Please Wait.. The construction workers are the most numerous and vulnerable section in India.

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Since the Bill could not be taken up for consideration it lapsed. More from this Author. LCI Articles You can also submit your article by sending to article lawyersclubindia.

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”. Click here to register your Interest. 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.

Therefore, it is clear that the said levy is a fee and not tax.

Building worker is defined in Section 2 e of the BOCW Act as ‘ a person who is employed to do any skilled, semi- skilled or unskilled, manual, supervisory, 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. Do you have a Question or Comment? As per factory Act at Rajasthan – What should be the qualification for Welfare officer.

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However, there have been gaps in the clarity and enforcement until the courts have stepped in. The BOCW Act exempts for the construction of residential houses for own purpose constructed with a cost not exceeding Rs. 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.

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The ambit of the BOCW Act is wide, particularly in a country where the infrastructure and construction sectors have seen significant growth.

Leave encashment – is there any ceiling of maximum days for leave encasement? The provisions in the Act for health and safety measures for the construction workers are in conformity with International Labour Organisation convention No. In building and other construction works more than eight million workers are engaged throughout the country.

The migrant workmen are forced to work at deplorable conditions without proper food, shelter and basic amenities. The content of this article is intended to provide a general guide to the subject matter. Thread Started by Dhiraj. Create Account Using Your Email.

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Other Articles by – K. Basic amenities and welfare facilities provided to these workers are inadequate.

Although the provisions of certain Central Acts were applicable to the building and other construction workers yet a need was felt for a comprehensive Central Legislation for regulating the safety, welfare and other conditions of service of these workers.

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.

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The workers are being hired from the remote villages and sent to the construction sites without explaining the nature of work, complexity and intricacies of building works. Takeaway It is laudable that the Indian government has made welfare provisions for long neglected construction workers.

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. Real Estate Sector in India is one of the few sectors that have witnessed exponential growth in the last two decades. Most Read Contributor in India, November These workers are one of the most vulnerable segments of the unorganised labour in India.

Stamp duty and registration of instruments has always been a complex and talked about issue. Worldwide Europe 1969 Union U. As the construction companies are growing more and more, many of farm labourers are joining into Reality and Construction Sector as unskilled workers because of poor income and uncertainty in the agriculture sector. Energy and Natural Resources. Is the overtime pay limit 50hours is including the hours working on holidays? Is there an amendment to the Factory Act It has also been considered necessary to levy a cess on the cost of construction incurred by the employers on the building and other construction works for ensuring sufficient funds for the Welfare Boards to undertake the social security Schemes and welfare measures.