Building And Other Construction Workers Act 1996 Bare Act Pdf
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- The Code On Social Security, 2020
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- BOCW Act 1996 - Please confirm what is this act?
The Act provides for regulating the employment and conditions of service of building and other construction workers and also provides for their safety, health and welfare measures and other matters connected therewith or incidental thereto. The Act applies to every 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 and other construction work and includes an establishment belonging to a contractor 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, but does not includes an individual who employs such workers in any building or construction in relation to his residence the total cost of such construction not being more than Rs.
The Code On Social Security, 2020
Under the cover of the economic impact of the COVID lockdown, labour rights cannot be done away with. A labourer welds an iron pillar at a building material factory in Uttar Pradesh. It has been touted that the reforms are necessary to afford more flexibility to employers, facilitate the ease of business and attract greater foreign investment. Making use of their concurrent powers, several state governments have taken a similar path and introduced changes to the labour laws.
The government of Rajasthan had been a forerunner in this regard and had increased the thresholds for the application of the Factories Act, and the Contract Labour Regulation and Abolition Act, in , pushing a large number of workers out of the coverage of those laws. Trade unions have repeatedly charged that the government has been acting unilaterally, without holding tripartite consultations. On account of the stiff resistance of the trade unions, the Central government has been unable to effect the changes at the pace that it would have liked.
For close to six years now, the Central government has been attempting to increase the hours of work of factory workers. Citing a public emergency, the labour departments of Gujarat, Madhya Pradesh and Himachal Pradesh last month simultaneously issued notifications extending the hours of work of factory workers to a maximum of 12 hours a day and 72 hours a week.
The notifications have been issued invoking section 5 of the Factories Act and are valid for a period of three months. Around the same time, the labour department of Punjab too issued a similar order under section 65 of the Factories Act as per which factories may be exempted from the stipulation regarding the daily and weekly hours of work under the Act to cope with an exceptional pressure of work.
Last week, the governments of Odisha, Maharashtra and Goa had also similarly increased the daily hours of work. The fact that increasing the length of the workday may endanger the health and safety of workers seems to have been entirely overlooked.
A worker wearing a protective face mask cleans a machine inside an undergarment factory in Kolkata, April 20, The government of Uttar Pradesh has gone much further. The draft ordinance, however, requires employers to pay the minimum wages notified by the state government and also requires compliance with the provisions of the Factories Act relating to safety. It extends the hours of work to 11 hours a day and the spread over of the workday to 12 hours.
The implication of this is that employers in the state would have no obligation to pay workers anything more than the prescribed minimum wage. They need not adhere to their wage-related obligations under existing collective bargaining agreements. In addition, they would stand divested of their social security obligations. Employers will have total flexibility in the matter of firing workers and can do so without paying them any compensation. They can engage contract workers for any kind of work and run their establishments with an entirely precarious workforce.
They need not provide even basic amenities to their workers. They need not have any kind of engagement with trade unions thus depriving workers of any say in their wages and working conditions. New trade unions cannot be registered in the state for the next three years. Furthermore, workers will not have access to any redressal mechanisms to address their grievances. Two weeks ago, the government of Madhya Pradesh had exempted all factories in the state from the application of all the provisions of the Factories Act except those relating to approval, licensing and registration, safety, hazardous processes, overtime wages, earned leave and the obligation of the employer to notify the authorities about accidents that result in death or serious bodily injury.
It has permitted third party certification for non-hazardous factories employing less than 50 workers, for a period of three months from the date of publication of the notification.
The implication of this is that the provisions of the Factories Act relating to the maintenance of health and hygiene, provision of basic amenities and labour inspection will not be applicable to factories for a period of three months.
The government of Madhya Pradesh has also issued a notification exempting new factories from the provisions of the Industrial Disputes Act except those relating to lay off, retrenchment and closure for a period of days from the date of publication of the notification. This would mean that workers in newly established factories will not be able to exercise their freedom of association and collective bargaining rights for a period of days.
It has also exempted 11 types of industries from the application of the Madhya Pradesh Industrial Relations Act that contains provisions relating to the recognition of trade unions by employers and this again is a move to curtail trade union rights.
Suppression of trade union rights that are democratic rights does not augur well for a democracy. If the ordinance is promulgated, workers in new units in the manufacturing, as well as service sectors, would be deprived of their rights to fair wages, decent working conditions and social security and their freedom of association and collective bargaining rights as well.
Joining the list of states that are in the process of amending labour laws, the government of Karnataka has proposed to increase the threshold numbers for the application of the Factories Act, the Contract Labour Regulation and Abolition Act and Chapter V-B of the Industrial Disputes Act that requires prior government approval for effecting lay off, retrenchment and closure. Increasing the number thresholds under those laws would have the effect of restricting the coverage of those laws which in turn amounts to reducing the protection available to workers under the laws.
Photo: PTI. Although it may appear that such measures will be in place only for a limited period of time, they may be a harbinger of things to come and may well become a permanent feature once the waters are tested.
While the government may justify such retrograde measures that turn the clock back by over a hundred years claiming that they are necessary to kickstart the economy, attract investment and create employment, the fact is that such measures infringe on the fundamental rights and human rights of workers and cannot be countenanced on any count. Indeed, there is little evidence that such changes to the labour laws result in attracting big investments and boost industrialisation or job creation.
Labour rights are human rights and the Indian state cannot abdicate its constitutional obligations and the commitments that it has made by reason of ratifying the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and various Conventions of the ILO as a result of which it is bound to promote decent work in conditions of freedom, equity, security and dignity.
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Short title, extent, commencement and application. Central Advisory Committee 4. State Advisory Committee 5. Expert Committees. Appointment registering officers.
Members may download one copy of our sample forms and templates for your personal use within your organization. Neither members nor non-members may reproduce such samples in any other way e. There are more than 28 million skilled and unskilled workers engaged in the construction sector in India. The sector is labour-intensive and most of the labourers are unskilled, unorganized and tend to work under inhuman and pitiful conditions. 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 ambit of the BOCW Act is wide, particularly in a country where the infrastructure and construction sectors have seen significant growth.
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BOCW Act 1996 - Please confirm what is this act?
Book Compare 0. This book states that due to industrial Legislation Labour is no more a commodity to be brought a.. Part I deals with labour welf.. This all-inclusive, well delved into book is a one stop solution pertaining to the drafting nightm..
In building and other construction works more than eight million workers are engaged throughout the country. These workers are one of the most vulnerable segments of the unorganised labour in India.
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Short title, extent and commencement. Interpretation of words not defined. Duties and responsibilities of employers, employees and others. Responsibilities of architects, project engineers and designers. Responsibilities of the persons in the service of the State Government and the Board.
Cover Note. Overview of Labour Law Reforms. Labour falls under the Concurrent List of the Constitution. Therefore, both Parliament and state legislatures can make laws regulating labour. The central government has stated that there are over state and 40 central laws regulating various aspects of labour such as resolution of industrial disputes, working conditions, social security and wages. In , the Ministry of Labour and Employment introduced four Bills on labour codes to consolidate 29 central laws. While the Code on Wages, has been passed by Parliament, Bills on the other three areas were referred to the Standing Committee on Labour.
Occupational Safety, Health And Working Conditions Code, is expected to consolidate and amend the laws regulating the occupational safety, health and working conditions of the persons employed in an establishment and for matters connected therewith or incidental thereto. The Second National Commission on Labour, which submitted its report in June, , had recommended that the existing set of labour laws should be broadly amalgamated into the following groups, namely:—. The proposed legislation intends to amalgamate, simplify and rationalise the relevant provisions of the following thirteen Central labour enactments relating to occupation, safety, health and working conditions of workers, namely:—. The said Committee recommended several substantive modifications to the said Code. The proposed Code simplifies, amalgamates and rationalises the provisions of the aforesaid thirteen enactments with certain important changes which, inter alia, are as under:—.
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 other matters connected there with or incidental thereto. Comment : The aim of this Act is to regulate the employment and conditions of service of building and other construction workers and to provide for their safety , health and welfare measures. Follow SCJudgments.