Dear Ashok
Let me try to give you the reply one by one for your questions.
Construction Industries - BOCW Act, 1996
Normally in construction Industries, we used to follow the Contract Labour (R&A) Act, 1971, and we take Labour Licence before commencement of Construction Job. In that Act, normally the details are given about the Contract Workforce, Obtaining Labour Licence Procedure, Welfare Measures, and all about the contract Workmen. The Government felt that the act is not having the uniqueness.
Hence in 1996, Govt Introduced the Building & Other construction Workers Act, (in Short, BOCW Act), BOCW Rules and BOCW Welfare Cess Act, BOCW Welfare Cess Rules. In BOCW Act & Rules it has given the direction about the Welfare measures to Workmen, Safety Precautions and many Technical Aspects about the Tools, Tackles, Instruments, Machineries, Lifting Appliances, its maintenance, inspection, etc. Medical Facilities required to be given to the injured workmen, Periodical Medical Check up for drivers, operators, food handlers, etc., Pre employment Medical Check up for every workmen. It required to be inspected by a technical person. Hence Factory Inspector has been empowered to act as BOCW Inspector.
In this Act, for implementation purpose the Government needs fund. So they implemented the BOCW Welfare Act, which made the provision to collect 1% minimum and Maximum of 2% of the Cost of Construction / Works carried out during the Financial Year to be paid as BOCWW Cess to the BOCWW Cess Board.
Now the funds are getting collected from the Construction Industries, but how to spend the same? A million Dollar question arises. Hence the Government made one more provision that the workmen engaged in construction activities will be registered as Beneficiaries of the Fund duly generated and they made the rules to issue the Beneficiary Cards / BOC Worker Identity Card to the workmen working in Construction Sites after obtaining the Application Forms + Age/Name/Address/Family Details Proof + Fee for Registration (In AP it is Rs.62/- in First Year and every year Rs.12/- as renewal Fee & In Gujarat Rs.100/- in First Year and every year Rs.75/-) as fixed by the Act as not exceeding Rs.50/-.
Hope you could have got some idea about the said act.
01. How many Gajjeted and National Festival in whole year.
Ans : There are 3 National Holidays and 6 or 7 Festival Holidays are to be given as paid holidays to the workmen as fixed by the State Government.
02. When Act applicable
The act is applicable immediately on commencement of Job.
03. Special health and Safety Policy (If any)
Please read the Health, Safety and Environment details in Section 32 to 41 in BOCW Act.
04. Working Hours.
Check the Section 28 & 29 in BOCW Act.
05. O.T. Rules ( if any diffrence )
See Section 29 in BOCW Act
06. Applicability of EPF for constrcution worker
EPF is applicable for all the workmen, and it must be deducted 12% from the employee and further remitted alongwith the employer share to EPFO every month.
07. Weifare Fund
Hope you are asking about the Labour Welfare Fund here. The amount varies from state to state and from time to time. Please check it with your License Issuing Authority.
08. ESIC covreage for them
Generally ESI Coverage is not applicable for Construction Workers. But if your construction Activities are being done in the premises of Factories or your principal employer is covered under ESI, then obviously you also required to make payment of ESI as 1.75% Employee Share and 4.75% Employer Share.
Hope your querries are attended by me.
Any further querries never hesitate to ask.
All the best and wish you happy learning.