Building and Other Construction Workers (BOCW) Act Registration

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As the issues related to intensive pitiful conditions and unfavorable conditions for unskilled laborers has been increasing day-by-day, to resolve this problem Government of India has taken steps to counter it by introducing Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act,1996. We as StartupsFiling experts provide help with the registration process and other procedures.

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What is Building and Other Construction Workers (BOCW) Act Registration mean?

The Government of India has introduced the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996; known as BOCW Act for curbing the issues of unskilled laborers who work in the intensive pitiful and extreme unfavorable conditions. As the laborers are the major part of the Indian economy, we should make provisions in order to protect their interests. The purpose of this act is to check the working conditions of the workers and to provide guidance to them. It is like a social welfare scheme which has the motive to provide benefits to the workers who are involved in the working activities of building and construction sites across the country.

Preamble of BOCW Act:

In the preamble of BOCW Act it is written as: “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.”

What is the objective of the BOCW Act, 1996?

The main objective of this act is to regulate the conditions of service and the employment of BOCW workers and to provide them safety, health and welfare measures and for other for any other matters ancillary to it. Some of the objectives are mentioned below:

The BOCW Act ensures that the workers are not being exploited and a healthy or safe environment should be provided to them.
The main function of BOCW includes providing help to the workers in case of any mishap or accident, providing pensions, to issue loans for house construction, providing financial aid for children’s education, providing medical health insurance also.

What is the need for the BOCW Act, 1996?

In India, upon the construction industry a large number of laborers are dependent on it and their livelihood is earned by this only. The majority of the labor-intensive workers in the construction sector lack formal training, are disorganized, and often endure appalling working conditions. Because of their poor condition they are not fairly represented in the law. These construction workers belong to the weaker portions of India’s unorganized labor market. The government passed the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 to address the cruel working conditions, mistreatment, inadequate facilities, poor health, and essential safety measures in the construction industry.

Is it mandatory to take registration under BOCW?

The BOCW Act of 1996, addresses establishment registration under Section 7. First things first, we need to understand what an establishment is?

According to Section 2(1)(j) of the BOCW Act, 1996, an establishment is any business, organization, body of corporations, individual, association, or government that employs laborers for any construction site. However, constructions that are valued at less than 10 lakh rupees are not considered establishments under this definition.

Section 7 of the BOCW Act, 1996 addresses the regulations pertaining to Establishment Registration. It states that in order to register an enterprise of that kind, each employer engaged in construction activity must submit an application to the registering officer. The candidate must submit a registration application.

If the establishment begins operations after this act takes effect, it must file an application within sixty days of that date.
If the establishment begins operations prior to this act taking effect, it must file an application within sixty days of that date.

As long as the registering officer is persuaded of the reason for the late registration, he or she may authorize registration for that establishment and, if all the necessary forms and documentation are submitted in accordance with the guidelines, he or she may issue the registration certificate.

What are the types of Registration under the BOCW Act?

In the BOCW registration act both establishments as well as the registration of building and other construction workers are prescribed under this act. These two types of registration are as follows:

Registration of Establishments: Within 60 days of the start of work, every employer of an establishment to which this act applies, or to which this act may apply at any time, must submit an application in triplicate, using form No. XII in the case of an offline mode, to the local registering officer for the registration of his establishment. This application must be made in addition to a fee.
Building worker registration: Under this legislation, any building worker between the ages of 18 and 60 who has worked on a building or other construction project for at least 90 days in the preceding year is eligible to register as a beneficiary of the BOCW Welfare Fund.

What are the benefits of BOCW registration?

Construction workers and employers can benefit from registration under the Building and Other Construction Workers (BOCW) Act in several countries, including India. Here are a few of the main advantages are briefed below:

Legal Recognition: A construction worker’s rights and entitlements are guaranteed by their registration under the BOCW Act, which legally acknowledges them as members of the construction industry.
Social Security: Registered construction workers are qualified for a number of social security programs, such as health insurance, pensions, death benefits, maternity benefits, and disability benefits. These programs offer financial support to those in need.
Financial aid: When it comes to accidents, medical issues, or fatalities that occur while a registered construction worker is on the job, they frequently qualify for financial aid.
Training and Skill Development: Programs for registered workers’ technical proficiency, safety awareness, and general employability may be made available to them.
Workplace Safety and Health: Registration frequently requires following safety guidelines and standards, which helps to make construction sites safer for workers. This includes requirements for safety instruction, accident avoidance strategies, and personal protective equipment (PPE).

What are the documents required for BOCW Registration?

The documents which are needed for the BOCW registration are listed below:

Age proof of employer (if there is no age proof then, self-declaration)
Residence proof
Aadhaar card
Bank account details (Bank branch, account number, and IFSC number)
Details of dependents and employer’s certificate of working for 90 days as construction worker and nomination form of them is require for the registration process.

BOCW Registration Procedure

The step-by-step process of registration is explained below:

STEP 1: Employers must register on the main BOCW website in order to receive BOCW registration. You must use a valid email address to establish a login ID in order to register. The password credentials will be provided to the user’s registered email address and mobile number when the login ID has been created.

STEP 2: Fill out the Basic Information Performa (BIP) on the portal. This form requests all the information about the establishment, including its address, the details of its employees, the data of its occupier or employer, construction details, and a declaration.

STEP 3: Attach the application form to all required documents in the format and size specified.

STEP 4: Payments of fees- Fees can be paid online or offline as per the convenience of the applicant.

STEP 5: If all necessary papers and application form is as per the desired norms and guidelines, and the application is processed or verified by the officers then the certificate is issued.

Applicants can check their application status online, and all important updates will be sent on the registered mobile numbers and E-mail ID.

How StartupsFiling helps you in the registration process?

StartupsFiling has been one step solution for the BOCW registration, because of the varied ranges of benefits such as:

Group of Experts: StartupsFiling holds a large group of experts from all over the world having specialization in BOCW registration services. Our team of experts make sure that your work is taken care of in the most effective possible manner.
Cost-effective: StartupsFiling BOCW registration services are of premium quality at the most efficient rate, which suits the client’s pocket, making sure that quality service is not the only thing which client gets on our platform.
Client-oriented approach: Our team of experts is well trained and equipped with a client-oriented approach, keeping in mind that the process must be client-centric, focusing on meeting all the requirements of their business and, therefore, satisfying their needs.
Trust builders: StartupsFiling builds the trust among its clients and because of only this trust we have built a good network in the worldwide marketplace.
Trusted partner of 10000+ Clients: StartupsFiling has earned the trust of more than 10000+ clients who have availed our BOCW registration services. Their trust in us from a term in continuity is proof of our services backed by quality and assurance.

Frequently Asked Questions

Where is the Act applicable?

It is applicable to any business that employs, or had employed, 10 or more construction workers in any capacity during the previous twelve months for any type of building or other construction project.

When Registration Certificate can be revoked?

The registering officer may revoke the registration after providing the employer of the establishment with a chance to be heard if he is satisfied, either through a reference made to him in this regard or otherwise, that the registration of any establishment was obtained by misrepresentation or suppression of any material fact, or that the provisions of this Act are not being complied with in relation to any work carried out by such establishment, or that the registration has become useless or ineffective and, therefore, requires to be revoked.

Where can I file an appeal?

Anyone who feels unfairly affected by an order issued under section 8 has thirty days from the day the order is delivered to them to file an appeal with the appellate officer, who will be a: 1. Person designated in this capacity by the relevant Government; provided, however, that the appellate officer may consider the appeal beyond the thirty-day window if he determines that the appellant was prevented from filing the appeal in a timely manner by adequate reason. 2. The appellate officer shall, as soon as feasible after providing the appellant with a chance to be heard, confirm, amend, or reverse the order of revocation upon receipt of an appeal under section 8(1).

Is the BOCW Act mandatory?

According to the Act, each business that employs ten or more people in construction must register with the relevant state authorities.

How is the BOCW cess determined?

The cost of construction, which includes all expenses made by the employer in relation to the building or other construction activity, is subject to a 1% cess. Two exceptions to this rule are (i) the cost of land and (ii) any compensation paid to an employee or his relatives under the Employees Compensation Act of 1923.

What are the contractor obligations under BOCW?

The obligations of contractor are listed below: 1. In order to guarantee compliance with the terms of any building or other construction activity in his organization, an employer shall provide continuous and sufficient supervision of this Act concerning safety and for implementing all reasonable precautions to avoid mishaps. 2. An employer must send, or cause to be sent, to the Inspector having jurisdiction in the area where the proposed building or other construction work is to be undertaken, at least thirty days prior to the start of any building or other construction work. 3. The employer is required to notify the Inspector of any changes made to any of the details provided under sub-section (1) within two days of the change occurring.