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BOCW stands for Building and Other Construction workers. This act was first introduced to solve the issues of unskilled labourers who work intensively and also in pitiful conditions. This act was introduced by the government of India as the “Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996”.
Why the “BOCW” act was introduced?
The BOCW act was introduced to monitor the working conditions of the workers. When the blue-collar workers in building and construction work area are been pressurised with vigorous time and work condition, this act helps. It is considered as a social welfare scheme that works with the motive to provide benefits to the workers who are involved in the activities related to building and construction across the country. “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.”
The preamble of the Act
The zone of the BOCW Act is extensive, its aspects cover the framework of other labour law legislations but specifically talking it coordinates a lot with the Factories Act, 1948.
What the BOCW act does
Coverage of the Act
Since the Factories act has limited coverage in regard to Building and Construction, the BOCW was enabled.
who is employed mainly in a managerial or administrative capacity; or.
who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per month 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;
(c) “Contractor”– 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
(d) “Employer”– in relation to an establishment, means the owner thereof and includes,-
(i) In relation to a building or other construction work carried on by or under the authority of any department of the Government, directly without any contractor, the authority specified in this behalf, or where no authority is specified, the head of the department;
(ii) In relation to a building or other construction work carried on by or on behalf of a local authority or another establishment, directly without any contractor, the chief executive officer of that authority or establishment;
(iii) In relation to a building or other construction work carried on by or through a contractor, or by the employment of building workers supplied by a contractor, the contractor;
(e) “Establishment”- means any establishment belonging to, or under the control of, Government, any body corporate or firm, an individual or association or other body of individuals which or who employs building workers in any building or other construction 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 ten lakhs;