Abstracts of BOCW Act, the Employer & Employee to know

ABSTRACT OF THE BUILDING AND OTHER

CONSTRUTION WORKERS (REGULATION OF
EMPLOYMENT AND CONDITIONS OF
SERVICE)ACT,1996
EXTENT AND OBJECT OF THE ACT

This Act extends, to the whole of India – The object of the Act is to regulate and
improve the conditions of service of Building worker and not merely to abolish
Building and Other Construction Workers (Regulation of Employment and
Condition of Service). This Act is an important piece of social legislation and seek to
regulate the employment of building worker and where necessary to abolish the
same. It is thus legislation for the welfare of labourers whose condition of service are
not at all satisfactory. The significant aim of the object is to prevent the exploitation
of building worker by contractor or the Establishment.

APLICABILITY

The Act applies to every establishment which employs, or had employed on any
days of the preceding twelve month, ten or more building workers in any building
or other construction work.

DEFINITION

Appropriate Government: The Government, in relation to an establishment would

be Central Government if:- (i) the concerned Central Government company/
undertaking or any undertaking or any undertaking is included by name in clause
(a) of section 2 of the Industrial Dispute Act, or (ii) any industry carried on by or
under authority of central government or (iii) any such controlled industry as may
be specified in this behalf by the Central Government, otherwise in relation to any
other establishment, the Government of the State in which that other establishment
is situated, will be the Appropriate Government.

1. Beneficiary: It means a building worker registered under section 12.

2. Board: It means a building and other construction workers welfare Board
constituted under sub section (1) of section 18.

3. Building Workmen: Any person who is employed to do any skilled, semi

skilled or unskilled manual, supervisory technical or clerical work for hire or

1
 reward, whether the term of employment be express or implied. In connection
with any building or other construction work but does not include any such
person-

i) who is employed mainly in a managerial or administrative capacity; or

ii) Who, being employed in supervisory capacity, draw wages exceeding

one thousand six hundred rupees per mensem or exercises either by the nature of
the duties attached to the office or by reason of the powers vested in him, functions
mainly of a managerial nature;

5. Contractor: It means a person who undertakes to produce a given result for any
establishment, other than a mere supply of goods or articles of manufacture, by the
employment of building workers or who supplies building workers for any work of
the establishment; and includes a sub contractor;

6. Employer: Employer is one who is one who employs the services of others,
one for whom employees work and who pays their wages or salaries.
Principal Employer is a person who is responsible for supervision and control
the establishment
7. Establishment: It means any establishment belonging to or under the control
of, government, any body corporate or firm, an individual or association pr
other body of individuals which or who employs building workers in any
building or other contraction work: and includes an establishment belonging
to a contractor, but does not include an individual who employs such workers
in any building or construction work in relation to his own residence the total
cost of such construction not being more than rupees lakhs:

8. Wages: Wages shall have the same meaning as assigned to it in clause (vi) of
section 2 of the Payment of wages Act, 1936(4 of 1936)

9. Chief Inspector: It means the Chief Inspector of inspection of Building and

other Construction appointed under sub-section (2) of section 42.

10. Director General: Means the Director General of inspection appointed under
sub section (1) of section 42:

11. Fund: It means the Building and Other Construction Workers Welfare Fund
of a Board constituted under sub section (1) of section 24;

12. Notification: It means a notification published in the official Gazette;

13. Prescribed: Prescribed by rule made under this Act, by the Central
Government or as the case may be, the State Government.

ADVISORY COMMITTEES AND EXPERT COMMITTEES

The Central and State Governments are required to set up Central Building and
other Construction Workers Advisory Committee to advise the respective

2
Governments on matters arising out of the administration of the Act as are referred
to them. The Committees as deemed proper. (Refer to section 3 & 4).

The appropriate Government may constitute one or more expert committees

consisting of person specially qualified in building and other construction work for
advising that government for making rules under this act.

REGISTRATION OF AN ESTABLISHMENT

Every principal employer of an establishment has obtain a certificate of Registration

for his establishment, from the Registration officer of the area in which his
establishment is located. The principal employer of the establishment has to make an
application in prescribed form, accompanied by prescribed fees to the Registration
Officer for registration [Refer to section 7]

EFFECT OF NON REGISTRATION

Without the specification of Appropriate Government, no principal employer of an

establishment can employ building worker, if his establishment has not been
registered. [Refer to section 10]

REGISTER AND RECORDS

Every employer shall maintain the following Registers in English or Hindi

a) A Register of persons employed as building worker in form xv; b) A Muster Roll

in from xvi; c) A Register of wage in form xvii; d) A Register of deduction for
damage or loss in form xix; e) A Register of fine in form xx; f) A Register of advance
in form xxi; g)A Register of overtime in form xxii h) A combined register of wage
cum muster roll in form xviii.

Every employer shall issue an wage book in form xxiii and issue a service certificate
in form xxiv, on termination of his employment. Every employer shall display an
Abstract of the act and rules in English and Hindi and in the language spoken by the
majority of workers.

All register and other records shall be preserved in original for a period of three
calendar year from the date of last entry therein. The register and records
maintained under the act or rules shall be produce on demand before the Inspector
or any other authority under the act or any person authorized in that behalf by the
government.

PAYMENT OF WAGE

a) The employer shall fix wage period, not exceeding one month, in respect of which
wage shall be paid.

3
b) Wage are to be paid before the expiry of the 7th day after the last day of the wage
period concerned in an establishment where less than one thousand persons are
employed and before the expiry of 10 th day where one thousand or more person are
employed.

c) On termination of employment of a work, due wage shall be paid to him before

the expiry of second working day from the day of termination of his employment.

All payment of wages shall be made on working day at work premises and during
the work time and on a date notified in advance and in case the work completed
before the expiry of the wage period, final payment shall be made within 48 hrs. of
the last working day. Wages shall be paid without any deduction of any kind except
those specified by the central government by general or special order in this behalf
or permissible under the Payment of Wages Act,1936(4of 1936). A notice showing
the wages period and the place and time of disbursement of wages shall be
displayed at a conspicuous place of such construction site in English, in Hindi and
local language understood by the majority of building workers employed at such
construction site.

RETURNS

Every employer shall of a registered establishment shall send annually a return in

form xxv to the registering officer having jurisdiction not later than the 15 th February
of the succeeding year with a copy to the Inspector having Jurisdiction.

NOTICES

Notices shall be displayed or show in English or Hindi and in the local language
understood by the majority of the workers, the rate of wages, hours of work, wage
period, date of payment of wages, name and address of the Inspectors having
jurisdiction and date of payment of unpaid wages.

PENALTIES FOR OFFENCES

The offences relating contravenes the provision of any rule under section 40 shall be
punishable with imprisonment for a term which may extent to three months, or with
fine which may extend to Rs. 2000/- or both, and in case of a continuing
contravention, with an additional fine which may extend to Rs. 100/- for every day
during which such contravention continues after conviction for the first such
contravention.

The offence relating to the obstruction to the Inspector and refuses to produce the
register and records etc. shall be punishable with imprisonment for term which may
extend to three months, or with fine which may extend to Rs. 1000/- or both.

4
OFFENCES BY COMPANIES

If the person committing an offence under this act, and rules in a company, as well
as every in charge of a responsible to the company for the conduct of its business
shall be liable for the preceding under the act and rules. ( Refer to section 53)

WELFARE AND HEALTH OF BUILDING WORKERS

Welfare Health Amenities

Condition/ Scales

The employer shall make in every place where building

or other construction work is in progress, effective
Drinking Water arrangements to provide and maintain at suitable points
conveniently situated for all persons employed therein, a
sufficient supply of wholesome drinking water.
the employer shall provide sufficient latrine and urinal
for building workers separately for male & female. Every
Latrines and urinals
latrine and urinal shall be conveniently situated and
accessible to building workers at all times.
The employer shall provide, free of charges and within
the work site or as near to it as may be possible.
Accommodation The temporary accommodation provided under sub
section (1) shall have separate cooking place, bathing,
washing and lavatory facilities.
In every place wherein more than fifty female building
workers are ordinarily employed, there shall be provided
Crèches and maintained a suitable room or rooms for the use of
children under the age of six years of such female
workers.
The employer shall provide sufficient number of first aid
First – aid. boxes or cupboard and shall maintain and shall be readily
accessible during all working hours.
In every place wherein not less than 250 building workers
are ordinarily employed, the employer shall provide an
Canteens
adequate canteen in manner as specified in this rule for
the use of such building workers.

COGNIZANCE OF OFFENCES

No court shall take cognizance of any offence punishable under this Act except on a
complaint made by or with the previous sanction in writing of, Director General or
the Chief Inspector; or made by an office bearer of voluntary organization registered
under the Societies Registration Act, 1860; or any concerned trade union registered
under Trade Union Act, 1926 and no court inferior to that of a Metropolitan
Magistrate or a Judicial Magistrate of the first class shall try any offence punishable
under this act. {Refer to Section 54}

5
POWER OF INSPECTORS

All Assistant Labour Commissioner (Central) have been appointed as Registering

Officers and all Regional Labour Commissioners (Central), as Appellate Officers. All
the Regional Labour Commissioner (Central), Assistant Labour Commissioners
(Central), Labour Enforcement Officers (Central) and Junior Labour Inspectos, have
been appointed as Inspectors.

An Inspector under the Act may a) Enter at all reasonable hours, with such
assistance as necessary and premises or place where a Building Worker is employed
for the purpose of examination of register of record or notices required to be kept or
exhibited by or under this Act or rules made there under and require the production
for inspection. b) Examine any person whom he finds in any such premises or place
and who, he has reasonable cause to believe, is a building worker employed therein;
c) Required any person giving out work and any workmen to give any information,
which is in his power to give with respect to the name and address of the persons to
for and from whom the work is given out or received, and with respect to the
payments to the payment made for the work. d) Seize or take copies of such
documents or notices, etc, which he may consider relevant in respect of an offence
under this act and exercise such other power as may be prescribed by the
government.