The Building and Other Construction Workers (Regulation and Conditions of Service) Act, 1996 (for short the BOCW Act) aims to provide for the regulation of employment and conditions of service of the building and other construction workers, as well as their safety, health, and welfare measures in every establishment which employs or employed ten or more workers. The BOCW Act exempts the construction of residential houses for one's own purpose, constructed with a cost not exceeding Rs. 10 Lakh. The provisions in the Act for health and safety measures for construction workers are in conformity with International Labour Organisation Convention No.167 concerning safety and health in the construction sector, revising the Safety Provisions (Building) Convention, 1937.
There is also a provision in the BOCW Act for the constitution of safety committees in every establishment employing 500 or more workers, with equal representation from workers and employers, in addition to the appointment of safety officers qualified in the field. It also specifies the penalties of fine and imprisonment for violation and contravention of the BOCW Act.
The provisions of the Workmen's Compensation Act 1923 shall, so far as may be, apply to building workers as if the employment to which this Act applies had been included in the Second Schedule to the BOCW Act.
Whereas, the Building and Other Construction Workers Welfare Cess Act, 1996 is to provide for the levy and collection of a cess on the cost of construction incurred by employers with a view to augmenting the resources of the Building and Other Construction Workers' Welfare Boards constituted under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.
Under the Act, a 1% cess shall be collected from every employer where the cost of construction is more than Rs. 10 lakhs. The proceeds of the cess so collected shall be paid by the local authority or the State Government collecting the cess to the Board after deducting the cost of collection of such cess not exceeding 1% of the amount collected. Further, the Central Government may, by notification in the Official Gazette, exempt any employer or class of employers in a State from the payment of cess payable under this Act where such cess is already levied and payable under any corresponding law in force in that State.
The enforcement of the Act primarily lies with the State Governments/Union Territories. The collection of cess and administration of the Welfare Boards would be the responsibility of concerned State Governments. The proceeds of the cess collected under this Act shall be paid by the local authority or the State Government collecting the cess to the Welfare Board after deducting the cost of collection of such cess not exceeding one percent of the amount collected.
Welfare Boards:
Every State Government shall constitute a Board to be known as the (name of the State) Building and Other Construction Workers Welfare Board to exercise the powers conferred on, and perform the functions assigned to it, under the BOCW Act.
The functions of the welfare boards are:
(a) to provide immediate assistance to a beneficiary in case of an accident;
(b) to make payment of pension to the beneficiaries who have completed the age of sixty years;
(c) to sanction loans and advances to a beneficiary for the construction of a house not exceeding such amount and on such terms and conditions as may be prescribed;
(d) to pay such amount in connection with the premium for the Group Insurance Scheme of the beneficiaries as it may deem fit;
(e) to give such financial assistance for the education of children of the beneficiaries as may be prescribed;
(f) to meet such medical expenses for treatment of major ailments of a beneficiary or such dependent, as may be prescribed;
(g) to make payment of maternity benefit to the female beneficiaries; and
(h) to make provision and improvement of such other welfare measures and facilities as may be prescribed.
Welfare Fund:
The welfare fund is constituted by a Board and the fund is being called the Building and Other Construction Workers' Welfare Fund and there shall be credited thereto:
(a) any grants and loans made to the Board by the Central Government;
(b) all contributions made by the beneficiaries;
(c) all sums received by the Board from such other sources as may be decided by the Central Government.
Penalties:
Whoever contravenes the provisions of any rules under the BOCW Act shall be punishable with imprisonment for a term which may extend to three months, or with a fine which may extend to two thousand rupees, or with both, and in the case of a continuing contravention, with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention.
If any person who has been convicted of any offence punishable under the Act is again guilty of an offence involving a contravention or failure of compliance with the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to six months or with a fine which shall not be less than five hundred rupees but which may extend to two thousand rupees or with both.
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