The Building and Other Construction Workers Act is a social welfare legislation that aims to benefit workers engaged in building and. (27 OF ). [19th August, ]. An Act to regulate the employment and conditions of service of building and other construction workers and to provide for their. requirements as per BOCW Act and Rules. (c) Appendix no Site SHE plan. (d) Appendix no Workplace policy on HIV/AIDS prevention .
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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. Their work is of temporary nature, bocd relationship between employer and the employee is temporary, working hours are uncertain.
The Building and Other Construction Workers
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 blcw 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 bcow.
In pursuant 196 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 bocq 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 axt 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.
Applicability Of The BOCW Act, On Factories – Real Estate and Construction – India
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 bocd construction workers yet a need has been felt for a comprehensive Central Legislation for regulating their safety, health, welfare and other bofw 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.
Also, in a meeting of the Committee of State Labour Ministers constituted pursuant to the decision of the 41st Labour Ministers’ Conference held under the Chairmanship of the then Union Labour Minister on the 18th May,a general consensus had emerged on the need for the proposed Central 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 ac 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 Bbocw 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 Acf of Employment and Conditions of Service Third Ordinance, Ordinance 25 ofon 10th June, in order to give continued effect to the legislative protection envisaged in the said ordinance.
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