BOCW Act Registration

To resolve the issues of unskilled laborers who work in intensive pitiful conditions, government of India has introduced the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996; the Act is also called “BOCW Act”. The purpose of this Act is to keep an eye on the working conditions of the workers. It acts as a social welfare scheme that works with the motive to provide benefits to the workers who are involved in the activities related to building and construction across the country. The preamble of the BOCW Act explains the following:

“An act to regulate the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare measures and for other matters connected therewith or incidental thereto.”

The zone of BOCW Act is extensive, its aspects cover framework of other labour law legislations but specifically talking it coordinates a lot with the Factories Act, 1948.

Purpose of forming BOCW

• The BOCW Act makes sure that workers are not being exploited and a healthy and safe working environment is provided to them.
  
• Government of India has made it mandatory for every State government to constitute their own Building and Other Construction Workers Welfare Boards.
  
• The functions BOCW include providing quick help to the workers in case of any mishap or accident, providing pensions, issuing loans for house construction, making payments related to premia for Group Insurance Scheme, providing financial aid for children’s education, supporting workers by carrying their medical expenses in case of major ailment.
  
• Each building laborer who is between the age of eighteen and sixty and who has been engaged with any building or other development work for at the very least ninety days during the previous a year is qualified for registration as a recipient of the BOCW Welfare Fund under this Act.
  
• Workers can apply for the registration in the prescribed form with the requisite documents and registration fee which is not more than fifty rupees.
  
• Application is filed to the officer authorized by the Board in this behalf.
  

Limited Coverage of the Factories Act, 1948

Section 2(e) of the BOCW Act defines the building workers. As per the Act a building worker is, “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.”

From the above definition it is clear that a building worker is someone who is extensively engaged in the building or construction work. So, let’s dig into the definition of “building or construction work”

As per Section 2(d) of the BOCW Act, "building or other construction work" covers "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 works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil 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, 1948 (63 of 1948), or the Mines Act, 1952 (35 of 1952), apply."

The term “building or other construction work” is mentioned in a way that it does not cover any building or other construction work to which the laws of the Factories Act, 1948 applicable. Employers use this exclusion clause of Section 2(d) to escape themselves from registration process and tax under the BOCW Act. Employers who are already registered under the Factories Act, 1948, don’t want to get registered under the purview of the BOCW Act.

Section 2 (I) of the Factories Act, 1948 defines worker as a person who is involved in manufacturing process, or in cleaning activity of any part of the machinery or premises used for manufacturing process, or in any sort of work which is somehow related to manufacturing process, or the subject of the manufacturing process.

As Per Section 2 (K) “Manufacturing Process” Covers the following:

• Making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal.
  
• Pumping oil, water, sewage or any other substance.
  
• Generating, transforming or transmitting power.
  
• Composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding.
  
• Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels.
  
• Preserving or storing any article in cold storage.
  

It is deduced that the expression "worker" under the Factories Act, 1948, doesn't include an individual engaged with the development of buildings. Likewise, the expression "manufacturing process" doesn't include any procedure for development of buildings. Consequently, the Factories Act covers just those workers who are occupied with the manufacturing procedure or any work that is accidental to the manufacturing procedure, and not workers who are engaged with building and development works.

Documents Required for BOCW Registration

• Age Proof (If no age proof is available self-declaration),
  
• Residence proof,
  
• Aadhar card (If available),
  
• Bank Account details (Bank branch, account No. and IFSC/RTGS number),
  
• Detail of dependents and employer’s certificate of working for 90 days as construction worker and nomination form.
  

BOCW Registration Procedure

• Log on to the web site lms.mahaonline.gov.in
  
• Choose the registering procedure whether as an individual or organization
  
• Provide your mobile number on which you want to receive OTP
  
• Fill the OTP appeared on your mobile
  
• Mention your mail id asked during the registration process
  
• Fill all the required fields
  
• Click on the mail send to you on your given mail id and follow the instruction mentioned in the mail
  
• Login into the website by mentioning your id and password
  
• Choose the service for Building and other Construction registration
  
• Select the Establishment Principal Employer Registration and fill the online form and submit
  
• Once the applicant receives application id, application screen will be closed
  
• Check the status of the application and go through the instructions provided on the right side of the screen
  
• If status shows upload document then click on the upload document button
  
• Check the status again which will ask you for payment
  
• Click on the pay fee button
  
• Choose the comfortable mode of payment
  
• Check the status which will show “under scrutiny” it means your application is ready for scrutiny
  
• In case your application got rejected check your mail and follow the instructions given in the mail
  
• If status appears as “completed” the download the certificate by clicking on the “Download Certificate” button.
  

Indian government’s effort towards the welfare of neglected construction workers is appreciable. Though, BOCW act has faced delay in its enforcement and clarity until the court stepped in. Supreme Court has made it clear and mandatory for the building and construction workers who are involved in the construction process of factory premises are entitled to receive welfare measures under the BOCW Act.

In any case, presently the question emerges regarding who is answerable for commitments under the BOCW Act. The expression "employer" in the BOCW Act is characterized to incorporate the two temporary workers and proprietors. Henceforth, the proprietors and the contractual workers pass the obligation to each other.

It is comprehended that the Central Government is additionally intending to make alterations to the BOCW Act to augment the extent of applicability of the BOCW Act to empower the separate state governments to execute the Acts and it is hoped that the corrections will really profit the construction workers by giving better and more secure working conditions.

FAQs

Q. Who is eligible to receive benefit of the various welfare schemes of the board?

Any construction worker who is a registered member of the Board can get benefit of the welfare schemes for himself and for his family members.

Q. What are the documents required for registration?

• Age proof (If no age proof is available self-declaration),
  
• Residence proof,
  
• Aadhar card (If available),
  
• Bank Account details (Bank branch, account No. and IFSC/RTGS number),
  
• Detail of dependents and employer’s certificate of working for 90 days as construction worker and nomination form.
  

Q. What is BOCW card?

BOCW Smart Card is a certified SCOSTA Card used as per the several eGovernance policies laid down by Government of India. The Smart Card is printed with all the basic details of the Labor and several other vital details are stored in the Chip embedded on the Card.

Q. Who are counted as family members of laborers?

Husband or wife, minor sons (including major sons who are insane or physically handicapped and unable to earn), unmarried daughters and the parents of the building worker, who are solely dependent on him.

Q. Define building workers.

As per Section 2 (e) “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.”

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Posted by Pooja

Team Taxaj