Buildings and Construction Workers need to be registered under the BOCW Act to comply with the rules and claim the benefits. Corpseed assists you in getting BOCW Registration at ease.
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Construction works in buildings are constantly going on here and there, What is so risky about them is their potential to pose a hazard to the workers at these places. Many processes followed at these sites are very dangerous and only should be allowed after due precautions. To address this issue the government has enacted the Building and Construction Workers Act in 1996 and the rules in 1998. These rules are guiding principles to undertake any such construction work. Along with the precautions these rules prescribe, there are also provisions to provide benefits to the workers and other welfare practices for these workers who put their lives in danger for the completion of these building and construction projects. The builders need to get the BOCW Registration to undertake such activity and provide the prescribed benefits to the workers registered under the same act.
The object of the BOCW Act is to standardise the employment and conditions of service of BOCW Workers and to provide for their safety, health and welfare measures and other matters associated therewith. It applies to every establishment or employer which employs or had employed on any day of the preceding twelve months, ten or more building workers in any building or other construction work. Employers and establishments are defined in the Building and Construction Workers Act as the following-
An establishment is a body that employs building workers in any building or other construction works as defined in the BOCW Act. The word body includes the building workers working under the supervision of the contractor hired by the building owner. If such a contractor utilises the building workers for his residence then they would not be covered under this act until the cost of such construction work is more than 10 lakh rupees.
Who is an Employer?
The employer can be defined in two ways for different scenarios- (1) if the construction work is undertaken by a local authority or establishment the the chief executive officer of that local authority or the establishment will be the employer but if the work is assigned to a contractor then the contractor will be employer for the building workers hired to accomplish the job assigned to the contractor by the local authority or the establishment.
The Building and Construction Workers Act was implemented to secure the safety, health and welfare of the building workers working in any building or construction work as recognised by the act. These building workers include people who are employed by an establishment or the employer to do any work in connection with any building or other construction work. These workers include the personnel doing any skilled, unskilled, semi-skilled, manual, supervisory, technical, or clerical for hire or reward. The term building workers excludes those who are employed in managerial, administrative or supervisory capacity drawing more than one thousand six hundred rupees per month or exercise.
The BOCW Registration fulfils its objective to regulate the building and other construction works, ensuring the safety and welfare of the building workers. It provides the following benefits to the employers, establishments, and building workers-
The welfare boards established under the BOCW Act work for the building and other construction workers. They run various schemes and provide benefits to these workers such as health insurance, pension, maternity benefits, educational benefits and disability benefits.
The act registers all establishments and construction workers working at these locations as per the requirements laid down in the act. It identifies the ongoing construction works in the administrative jurisdiction and provides access to the welfare schemes for these construction workers.
It provides legal recognition and protection to the building and other construction workers further ensuring that appropriate working conditions are provided to these registered workers. The establishments have to follow certain standards and guidelines otherwise non-compliance may lead them to penalties under the act.
The BOCW Act prescribes the registration of the establishments as well as the registration of the building and other construction workers working in these establishments. These two types of registrations are as follows-
Every employer of an establishment to which this Act applies and to which this Act may be applicable at any time is required to make an application in triplicate in form No. XII in case of offline mode along with A fee to the registering officer for the area for the registration of his establishment within 60 days of the commencement of the work.
Every building worker between the ages of 18 & 60 and who has been occupied in any building or other construction work for not less than 90 days during the previous 12 months is entitled to registration as a beneficiary of the BOCW Welfare Fund under this Act.
The requirements for the registration under the Building and Construction Workers Act are as follows-
The following documents are required to get the BOCW Registration-
The registration process of the establishments and the building workers is different under the Building and Construction Workers Rules. For the registration of the building workers, there are welfare boards in each state while on the other hand, there is an appointed registering officer in each area to register the establishments. The procedure for the registration of establishments may differ from state to state but the standard procedure goes as follows-
The certificate of the establishment comes with some standard conditions that have to be followed by the establishment. Some of these requirements are as follows-
The fees for the registration of establishments under the Building and Construction Workers Act are prescribed under the respective rules and the same depends on the number of building workers employed by the employer. The total number of workers employed is not taken into consideration while calculating the BOCW Registration fees instead the building workers working on a single day are taken into account. The BOCW fees so prescribed are as follows-
Sr. No. | Number of Building Workers | BOCW Registration Fees for the Establishment (in Rs.) |
1 | Up to 100 | 100 |
2 | 100 to 500 | 500 |
3 | More than 500 | 1000 |
Corpseed is continuously working to assist businesses in their compliance management and acquiring the registrations and licences as required according to their business type and target industry. We provide the best consultation to our clients through desk-based research, documentation and coordination. Our team has extensive knowledge and experience of the laws, rules and regulations as applicable in India. We can provide you with the requisite guidance regarding BOCW Registration and assist you in obtaining the Certificate of Establishment Registration under the Building and Construction Workers Act. We serve as a one-stop solution for all your business needs.