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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There are more than 28 million skilled and unskilled workers engaged in hocw construction sector in India. 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”. The BOCW Act is a social welfare legislation that aims to benefit workers engaged in building and construction activities across the country.
The ambit of the BOCW Act is wide, particularly in a country where the infrastructure and construction sectors have seen significant growth. 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.
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.
Hence, the term “building or other construction work” is defined in a manner that it bocs not include any building or other construction work to which the provisions of the Factories Act, bocd.
This exclusion clause of Section 2 d has been used by employers to evade registration and payment of cess under the BOCW Act. 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.
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. Also, the term ‘manufacturing process’ does not involve bodw 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. 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 inida engaged in construction activities argued that indua the undertaking or the establishment had obtained a license for registration under the Factories Hocw, the BOCW Act was not applicable on account of the exclusion indoa 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. Consequently, the provisions of the Factories Act would apply only when the manufacturing process commences, and even upon commencement of the manufacturing activity, it aft covered those workers who are engaged in such manufacturing activity under the Factories Act and not construction workers.
The Building and Other Construction Workers
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.
It is understood that indiw Central Government is also planning to make amendments 4 to the BOCW Act to widen the scope of applicability of 196 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. 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. Your LinkedIn Connections at Firm. Introduction There are more than 28 million skilled and unskilled workers engaged in the construction sector in India. As under Section 2 k ‘Manufacturing process’ includes the following: Lanco Anpara Power Ltd.
Facts of the case: Takeaway It is laudable that the Indian government has made welfare provisions for long neglected construction workers.
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Applicability Of The BOCW Act, On Factories – Real Estate and Construction – India
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