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Introduction
The Building and Other Constructions Workers (Regulation of Employment and Conditions of Service) Act, 1996 hereinafter referred to as the “BOCW Act” is a social welfare statute enacted by the Indian government to provide a safe and healthy working environment for the workers engaged in construction activities. This act watches the employment and working conditions of the building and other constructions for workers and it aims to provide welfare measures for the construction workers. The ambit of BOCW Act in India is wide because countries like India where the construction sector rises with a pace, there are many workers engaged in this sector and to safeguard their interest the presence of this legislation is a must.
Applicability:-
a) Every establishment which employs, or had employed on any day of the preceding 12 months, 10 or more building workers in any building or other construction work.
b) Every establishment had obtained a license for registration under the Factories Act, the BOCW Act will not be applicable.
It does not include any person employed in a managerial or administrative capacity; or employed in a supervisory capacity draws wages exceeding 1600/- per month.
Benefits:-
The BOCW Welfare board works for immediate assistance in case of accident (up to 5lac), disability (up to 5lac), pension, death benefit (up to 60k), loan & advances, Group Insurance scheme, maternity benefits, education of children etc.
Penalty for Non-Compliance:-
Imprisonment for a term which may extend to 3 months, or with fine which may extend to Rs.2000/-, or with both who fails to give notice of the commencement of the building or other construction work.