Please Wait.. The construction workers are the most numerous and vulnerable section in India. As the construction companies are growing more and more, many of farm labourers are joining into Reality and Construction Sector as unskilled workers because of poor income and uncertainty in the agriculture sector. The workers are being hired from the remote villages and sent to the construction sites without explaining the nature of work, complexity and intricacies of building works. The migrant workmen are forced to work at deplorable conditions without proper food, shelter and basic amenities.
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These workers are one of the most vulnerable segments of the unorganised labour in India. Their work is of temporary nature, the relationship between employer and the employee is temporary, working hours are uncertain. Basic amenities and welfare facilities provided to these workers are inadequate.
Risk to life and limb is also inherent. In the absence of adequate statutory provisions to get the requisite information regarding the number and nature of accidents was quite difficult and due to this to fix responsibility or to take corrective measures was not an easy job.
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. 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.
Since the Bill could not be taken up for consideration it lapsed. Building and other construction workers are one of the most numerous and vulnerable segments of the unorganised labour in India. The building and other construction works are characterised by their inherent risk to the life and limb of the workers. The work is also characterised by its casual nature, temporary relationship between employer and employee, uncertain working hours, lack of basic amenities and inadequacy of welfare facilities.
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. Although the provisions of certain Central Acts are applicable to the building and other construction workers yet a need has been felt for a comprehensive Central Legislation for regulating their safety, health, welfare and other conditions of service The State Governments and Union Territory Administrations have been consulted ID the matter and a majority of them have favored such a legislation.
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. For the said purpose, it has been considered appropriate to bring in a comprehensive legislation by suitably amplifying the provisions of the Building and Other Construction Workers Regulation of Employment and Conditions of Service Bill, which was introduced in the Rajya Sabha on the 5th December, 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.
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, By virtue of Articles 2 a of the Constitution the Building and Other Construction Workers Regulation of Employment and Conditions of Service Second Ordinance, promulgated on 27th March, would have also ceased to operate with effect from 4th July, 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 of , on 10th June, in order to give continued effect to the legislative protection envisaged in the said ordinance.
The Building and Other Construction Workers Regulation of Employment and Conditions of Service Third Ordinance, , inter alia, provides for the following matters, namely:- i provision to cover every establishment which employs or had employed on any day of the preceding twelve months, fifty or more workers in any building or other construction work; ii define "appropriate Government" in respect of various establishments and also to enable to Central Government to notify and public sector undertaking in respect of which the Central Government will be the appropriate Government; iii constitution of Central and State Advisory Committee to advise the appropriate Government on matters arising out of administration of the said Ordinance: iv constitution of Expert Committee to advise on matters relating to framing of rules by the appropriate Government.
India: BOCW Act, 1996, Applies to Construction Workers
To print this article, all you need is to be registered or login on Mondaq. Introduction There are more than 28 million skilled and unskilled workers engaged in the 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 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. This exclusion clause of Section 2 d has been used by employers to evade registration and payment of cess under the BOCW Act. 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 Building and Other Construction Workers
BOCW Act - Building and Other Construction Workers Rules - PPT Download