Building and Other Construction Workers (BOCW) Act 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.
BOCW registration applies to every establishment 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. For the purposes of this sub-section, the building workers employed in different relays in a day either by the employer or the contractor shall be taken into account in computing the number of building workers employed in the establishment.
WHO IS EMPLOYER?
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 on behalf of a local authority or other establishment, directly without any contractor, the chief executive officer of that authority or establishment; (ii) 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.
WHAT IS ESTABLISHMENT?
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 contraction work in relation to his own residence the total cost of such construction not being more than rupees ten lakhs.
REGISTRATION OF ESTABLISHMENTS
Every employer shall— (a) in relation to an establishment to which this Act applies on its commencement, within a period of sixty days from such commencement; and (b) in relation to any other establishment to which this Act may be applicable at any time after such commencement, within a period of sixty days from the date on which this Act becomes applicable to such establishment.
GRANT OF CERTIFICATE OF REGISTRATION
The registering officer, after receiving application under sub-rule (1) of Rule 23 shall register the establishment and issue a certificate of registration to the applicant within fifteen days of receipt of application if such applicant has complied with all the requirements as laid down in these rules and has made the application within such period as specified under clause (a) and clause (b) of sub-section (1) of section 7 of the Act. The certificate of registration to be granted by the registering officer shall be in Form II annexed to these rules.
CONDITIONS OF REGISTRATION
(1) Every certificate of registration issued under rule 24 shall be subject to the following conditions, namely: (a) the certificate of registration shall be non-transferable; (b) the number of workmen employed as building workers in an establishment shall not, on any day, exceed the maximum number specified in the certificate of registration; and (c) save as provided in these rules, the fees paid for the grant of registration certificate shall be non-refundable. (2) The employer shall intimate the change, if any, in the number of workmen or the conditions of work to the registering officer within fifteen days. (3) The employer shall, before thirty days of the commencement and completion of any building or other construction work, submit a written notice to the Inspector, having jurisdiction in the area where the proposed building or other construction work is to be executed, intimating the actual date of the commencement or, as the case may be, completion of such building or other construction work in Form IV annexed to these rules. (4) The certificate of registration of an establishment shall be valid only for such building and other construction work carried out by such establishment for which intimation required under sub-rule (3) has been given. (5) A copy of the certificate of registration shall be displayed at the conspicuous places at the premises where the building and other construction work is being carried on.
(1) The fees to be paid for the grant of a certificate of registration under rule 24 shall be as specified below, namely: If the number of workers proposed to be employed as building workers, for a building or other construction work on one day:
(a) is upto 100-Rs. 100
(b) exceed 100 but does not exceed 500- Rs. 500
(c) exceeds 500- Rs. 1000