Boss2966
Industrial Relations
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
9871103011
Private Consultant On Labour Laws
Papillon
Service

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Dear All,
As per BOCW act 90 days working is compulsory for eligibility of worker. If abc labour is there whose date of joining is 1st jan 2013 after completion of 90 days he get registered under BOCW but after how many months he is liable for renewal of his individual registration. If for 1.8 months he didnít make renewal of his registration then is there is any other penalty charges for that or that registration get expired. Please give your opinions.
Thanks

From India, Pune
Dear Mahesh
As per BOCW Act all the construction workers are to get registered as Beneficiaries under BOCW Act in the state where they work. This registration is valid for 1 year only and on completion of the period the same should be renewed every year. If the registration got expired then it should be renewed. There is no penalty clause available in the Act. The Fee structure is different from state to state. So you can clarify from your district Directorate of Industrial Safety and Health department (Factories Department) from where you got registered your establishment.

From India, Kumbakonam
Dear Bhaskar ji (Boss),
According to me there is no validity of beneficiary registration. Chapter IV which deals with said registration, no where it mention about the validity of registration of beneficiary . There is no chapter on this topic in Central rules. However, Maharashtra rules has a chapter (Chapter VI) on this topic. But this topic has not stating any thing on validity of beneficiary registration.
Therefore, according to me and have been telling every one that registration of beneficiary is one time job by paying registration fee as fixed under respective applicable rules or by the respective board formulated under this Act. In Maharashtra, this one time fee is Rs. 25/- and monthly contribution by the beneficiary is Rs. 5/- i.e. Rs. 60/- per annum.
The labour department in Maharashtra is collecting Rs. 85/- (registration fee + annual subscription as stated above) per person at the time of registration.

From India, Mumbai
Dear Mahesh,

Sh korgaonkar has correctly mentined that no where it has mentioned about the validity of registration of beneficiary in the Building and Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996. Section of the Act stipulates that every building worker who is between the age of eighteen and sixty and who has been engaged in any building or other construction work for not less than ninety days during the last 12 months is eligible for registration as a beneficiary of the Building and Other Construction Workers' Welfare Fund. Application for registration is to be made in the prescribed form and is to be accompanied with prescribed documents and a fee of not more than fifty rupees.Every state in their state Rules stipulates the eligibility of registration of building workers as beneficiaries and conditions thereof. Rule 267 of the Delhi BOCW (RE&CS) Rules, 2002 provides that a beneficiary shall contribute Rs.20/- per month. This contribution shall be remitted in advance once in three months in any of the banks specified by the Board in the district in which the member resides. If a beneficiary commits default in the payment of contribution continuously for a period of one year, he shall cease to be a beneficiary of the Fund. However, with the permission of the Secretary or an officer authorized by him in this behalf the membership may be resumed on repayment of arrears of contribution with a fine of two rupees per month subject to the condition that such resumption shall not be allowed more than twice.

Similarly Rule 28 of the Haryana BOCW (RE&CS) Rules, 2005 contains almost the same provisions.

I hope, the above clears your doubt.

BS Kalsi

Member since Aug 2011

From India, Mumbai
Dear Mr. Keshav
As a matter of fact the majority construction workers are migrated from other states. Initially they get registered themselves as Beneficiaries in the state where they are engaged. If they go back to their native, then more than 70% workers never return to the same state where they worked. Further they will move on to some other state. This is the present actual condition of the construction workers.
For the registration of Beneficiary normally the contractors are only bearing the cost. If we stop paying the contribution for second or subsequent year, then automatically the status of beneficiary will get ceased. This case is discussed as expired and in case of any accident, the registered beneficiary whose status got ceased will not get any benefit from the registration. If they want to avail such benefits being given under the BOCWW Cess Act, then the beneficiary must pay the annual fee.

From India, Kumbakonam
Hello
As per news report in Indian Express it seems that registration and Contribution ate both recirring activities.
The registration needs to be renewed every year and Contribution needs to paid every month.
It is still not clear to me if the labourers migrate from one state to the other what is the process of continuing the benefits.
https://indianexpress.com/article/ci...lfare-5015498/
Is there any coordination between state boards. As other state will register him only after 90 days of work. If there is any accident will he get benefit? Learned members please give your opinion. Especially interstate construction companies.

From India, Mumbai
Several points have been mentioned by different experts.
I am consolidating them along with my opinion.
As mentioned by Mr Bhaskar. Most of the laborers are migrant workers. So they get themselves registered in the home state after working for 90 days in the previous 12 months.
But when they migrate to another state they don't get the benefits in that particular state. This is happening because the state boards registration of workers is not linked to another state board registration.
The workers would have to get themselves registered with another state board after working for 90 days.
So in this intervening period they are without the benefits of BOCW registration.
There is no renewal in the registration. But every year they will have to show that they have worked 90 days in the previous 12 months and pay renewal in the same Board. Then they will get benefits.
So the renewal is actually to get the benefits as a beneficiary.
They will have to provide documentary proof from the contractor or ward officer or appropriate state official to get the renewal as beneficiary.
As most of the laborers are migrant workers it is very difficult for them to get the benefits. Because they keep on changing the states while working.
Even to get themselves registered in another state they are required to produce ration card aadhar card as well as document from the contractor.
The migrant workers do not have ration card of the workplace so it is very difficult for them to get the registration.
To have a Unique Identification or registration across India is in progress.
The focus of the board is to get more registrations and keep the renewals as good as registrations.

From India, Mumbai
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