The object of the BOCW Act as well as its framework is analogous to other labor law legislations, but in particular, the BOCW Act is similar to the Factories Act, 1948. Conflict of BOCW Act and the Factories Act, 1948. The BOCW Act stipulates health, safety and welfare measures applicable to building workers. Labour Department, Govt. Of Delhi adopted proactive approach and initiated necessary steps to implement the provisions of the Main Act, 1996.Govt. Of Delhi constituted and notified “Delhi Building & Other Construction workers welfare Board” under Section 18(1) of the Main Act 1996, on.
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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To address such inhuman working conditions and poor health and safety standards in the real estate industry, the Government of Boccw enacted the Building and Other Constructions Workers Regulation of Employment and Conditions of Service Act, hereinafter referred to as the “BOCW Act”.
Energy and Natural Resources. You are Visitor No. 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. An Insight On Defaults. 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.
19966 Anpara Power Ltd. Most Read Xct in India, November More from this Firm. The real estate sector has been one of the top-most contributors to the country’s Gross Domestic Product GDP and employment creation. In building and other construction works more than eight 1969 workers are engaged throughout the country. As under Section 2 k ‘Manufacturing process’ includes the following: Takeaway It is laudable acg the Indian government has made welfare provisions for long neglected construction workers.
Copyright Policy Disclaimer Terms and Conditions. These workers are one of the most vulnerable segments of the unorganised labour in India. Basic amenities and welfare facilities provided to these workers are inadequate. Food, Drugs, Healthcare, Life Sciences.
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.
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. Also, the term ‘manufacturing process’ does not involve any process for construction of buildings. The contents of these sites are not to be construed as a responsibility of or endorsement by Dept.
Property Hotline – Your Queries Answered!! The content of this article is intended to provide a general guide to the subject matter. As Parliament was not in session and in view of the urgency felt by the Government for meeting the longstanding demand for 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, Recently, the Government of Maharashtra made an announcement which reiterated the position under Muhammadan law that a Muhammadan may gift immovable property without registration of such gift.
The Building and Other Construction Workers
News About this Firm. 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 ac on the need for the proposed Central Legislation.
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 zct or implied, in connection with any building or other construction work.
Specialist advice should be sought about your specific circumstances. In the absence of adequate statutory provisions to get the requisite information regarding the number and nature of accidents was bow difficult and due to this to fix responsibility or to take corrective measures was not an easy job.
In the absence of adequate statutory provisions, the requisite information regarding the number and nature of accidents is also not forthcoming. In the absence of such information, it is difficult to fix responsibility or to take any corrective action.
The building and other construction works are characterised by their inherent risk to the life and limb of the workers.
Page 1 2 3 Total Introduction There are more than 28 million skilled and unskilled workers engaged in the construction qct in India. As per Section 2 d of adt BOCW Act, ‘building or other construction work’ includes ‘the construction, bocww, repairs, maintenance or demolition- of or, in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, actt 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.
Interested in the next Webinar on this Topic? There are more than 28 million skilled and unskilled workers engaged in the construction sector in India. Building and other construction workers are one of the most numerous and vulnerable segments of the unorganised labour in India.
Real Estate Sector in India is one of the few sectors that have witnessed exponential growth in the last two decades. Risk to life and limb is also inherent. acy
Applicability Of The BOCW Act, On Factories – Real Estate and Construction – India
The Developer further rebutted that only upon such verification by the concerned relevant authorities that the said plots were included in the list prepared by DTCP. Real Estate and Construction. Worldwide Europe European Union U. Click here to register your 11996. In view of the circumstances explained above, it has been considered necessary to constitute Welfare Boards in every State so as to provide and monitor social security schemes and welfare measures for the benefit of building and other construction workers.
The Supreme Court has clarified that building and construction workers engaged in factory premises are entitled to welfare measures acy the BOCW Act. Several questions are usually asked by people, such as:.
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.
It is laudable that the Indian government has made welfare provisions for long neglected construction workers. 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.
In view of the above, it is inferred that the term ‘worker’ under the Factories Act, does not involve a person involved in the construction of buildings. This exclusion clause of Section 2 d has been used by employers to evade registration and payment of cess under the BOCW Act.
Their work is of temporary nature, the relationship between employer and the employee is temporary, working hours are uncertain. However, the Respondents called for a more beneficial interpretation to the exclusion clause on the ground that the legislation must cater to the benefits of bpcw workers. Consequently, the provisions of the Factories Act would apply only when the manufacturing process commences, and even upon commencement of the manufacturing activity, it only covered those workers who are engaged in such manufacturing activity under the Factories Act and not construction bovw.
The ambit of the BOCW Act is wide, particularly in a country where the infrastructure and construction sectors have seen significant growth.
Related Articles (10)
Introduction
There are more than 28 million skilled and unskilled workers engaged in the construction sector in India.1 The sector is labour intensive and most of the labourers are unskilled, unorganized and hence tend to work under inhuman and pitiful 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, 1996 (hereinafter referred to as the 'BOCW Act'). The BOCW Act is a social welfare legislation that aims to benefit workers engaged in building and construction activities across the country. The preamble of the BOCW Act explicates the said purpose:
'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 ambit of the BOCW Act is wide, particularly in a country where the infrastructure and construction sectors have seen significant growth. The object of the BOCW Act as well as its framework is analogous to other labour law legislations, but in particular, the BOCW Act is similar to the Factories Act, 1948.
Conflict of BOCW Act and the Factories Act, 1948
The BOCW Act stipulates health, safety and welfare measures applicable to building workers. 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.' Since a building worker is basically defined as a person involved in building or construction work, the definition of 'building or construction work' is to be looked into.
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 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.'
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, 1948 apply. This exclusion clause of Section 2 (d) has been used by employers to evade registration and payment of cess under the BOCW Act. Employers covered under the Factories Act, 1948 refuse to come under the purview of the BOCW Act.
As per Section 2 (l) of the Factories Act, 1948, '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.
As under Section 2 (k) 'Manufacturing process' includes 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, or
- pumping oil, water, sewage or any other substance; or
- generating, transforming or transmitting power; or
- composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding;] or
- constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or
- preserving or storing any article in cold storage
In view of the above, it is inferred that the term 'worker' under the Factories Act, 1948 does not involve a person involved in the construction of buildings. Also, the term 'manufacturing process' does not involve any process for construction of buildings. 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.
Lanco Anpara Power Ltd. V. State Of Uttar Pradesh & Others2
The fact that construction workers are not covered under the Factories Act, 1948 and are therefore entitled to welfare measures under the BOCW Act was put forth in the case of Lanco Anpara Power Ltd. V. State Of Uttar Pradesh & Others dated October 10, 2016.
Facts of the case:
The Petitioner construction companies were issued various show cause notices for failing to register under the BOCW Act and for payment of cess under the BOCW Act. The validity of these notices were challenged in several writ petitions before various High Courts on the ground that the BOCW Act was not applicable to these factories as they were registered under the Factories Act. 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. However, the Respondents called for a more beneficial interpretation to the exclusion clause on the ground that the legislation must cater to the benefits of construction workers.
Issue:
The issue before the Supreme Court was whether the BOCW Act was applicable to those premises which are registered under the Factories Act, 1948.
Judgment:
The Court held that the establishments / premises registered under the Factories Act, 1948, employing construction workers in the construction of factory premises were not excluded from the application of the BOCW Act in terms of the exclusion clause. The Court reasoned that an establishment / premise would become a factory under Section 2 (m) of the Factories Act only when the manufacturing process as defined under Section 2(k) of the Factories Act commenced. Consequently, the provisions of the Factories Act would apply only when the manufacturing process commences, and even upon commencement of the manufacturing activity, it only covered those workers who are engaged in such manufacturing activity under the Factories Act and not construction workers.
Hence, construction activities which are carried out in relation to establishments / registered premises / licensed under the Factories Act, 1948 would not attract the exclusion clause of the BOCW Act by itself. Workers carrying on such activities would be covered under the BOCW Act.
Takeaway
It is laudable that the Indian government has made welfare provisions for long neglected construction workers. However, there have been gaps in the clarity and enforcement until the courts have stepped in. The Supreme Court has clarified that building and construction workers engaged in factory premises are entitled to welfare measures under the BOCW Act. However, now the question arises as to who is responsible for obligations under the BOCW Act. The term 'employer' in the BOCW Act is defined to include both contractors and owners.3 Hence, the owners and the contractors pass the responsibility to one another.
It is understood that the Central Government is also planning to make amendments4 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.
Footnotes
1 Discussion Paper on Improved Service Delivery of Welfare Schemes for the Construction Workers under the Building and Other Construction Workers Welfare Cess Act, 1996 in International Labour Organization available at t http://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---sro-new_delhi/documents/meetingdocument/wcms_153697.pdf
2 2016 SCC Online SC1153
3 Section 2(g) and 2(i) of the BOCW Act
4 Amendment to the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and Building and Other Construction Workers' Welfare Cess Act, 1996 available at http://pib.nic.in/newsite/PrintRelease.aspx?relid=88755
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Bocw System Requirements
