BOCW Presentation for statutory Compliance.pptx

BOCW Act

1. BOCW ACT OCW Building or other construction workers Act.

2. INTRODUCTION & SIGNIFICANCE Labour Laws constitute an essential component of Labour Policy in India aimed at imparting certain basic rights to the workers, to maintain the dignity of human labour and the need for protecting and safeguarding their interest of labour as human beings.   Labour Law reforms are an ongoing and continuous process, and the Government has been introducing new laws and amending the existing ones in response to the emerging needs of the workers in a constantly dynamic economic environment.   Labour Laws were introduced not only to protect the interest of the workers but also to promote the growth of the industry, employment and productivity of workers in a healthy and harmonious work environment, more investment for growth, etc.  

3. The Building and Other Construction Workers’ (Regulation of Employment and Condition of Service), 1996 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. APPLICABILITY This act applies To every establishment in which 10 or more workmen are employed or were employed on any day of the preceding 12 months as building worker [Sec 2(e)]  The BOCW Cess is payable to the Government (BOCW Welfare Commissioner of State).   Cess is payable at 1% on cost of construction which includes all expenditure incurred by an employer in connection with the building or other construction work excluding;  Cost of land and Any compensation paid or payable to a worker or his kin under the Employees Compensation Act 1923.  Cess is non-refundable. The purpose is - To collect the Cess on Cost of construction incurred, for use of the Welfare of Construction workers who are registered with the respective act. Cess act prescribes payment of Cess @ 1 %

4. Scope of work Under BOCW Building or Other Construction Work Means Interior Work Including carpeting, False Ceiling, Lighting, Plaster of Paris, Cutting glazing and installation of glass panels, Installation of modular units for use in places such as kitchens , Sewerage and Plumbing work, Electricals works including wiring, distribution, panel fixing, Installation and repair of firefighting systems, Installation and repair of firefighting systems, the construction, alteration, repairs, maintenance, or demolition of, or, in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation work, 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 communications, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqueducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the appropriate govt, by notification, but does not include any building or other construction work to which the provisions of the Factory Act, 1948 (63 of 1918), or the Mines Act, 1932 (35 of 1952), apply.

5. Conclusion It is estimated that about 8.5 million workers in the country are engaged in building and other construction works. Building and other construction workers are one of the most numerous and vulnerable segments of the unorganized labour in India. The building and other construction works are characterized by: Their inherent risk to the life and limb of the workers Its casual nature, temporary relationship between employer and employee, Uncertain working hours, Lack of basic amenities and Inadequacy of welfare facilities The Act provides the regulatory framework for the employment and conditions of service with adequate statutory provisions such as requiring the requisite information regarding the number and nature of accidents during building and other construction work.  In the absence of such information, it is difficult to fix responsibility or to take any corrective action.