Understanding BOCW Labor Registration: When and How to Renew Without Penalties?

Eligibility and Renewal Under BOCW Act

As per the BOCW Act, 90 days of working is compulsory for the eligibility of a worker. If a laborer, for example, joined on January 1, 2013, after completing 90 days, they get registered under BOCW. However, after how many months are they liable for the renewal of their individual registration? If they do not renew their registration for 1.8 months, are there any penalty charges for that, or does the registration expire? Please share your opinions.

Thanks.

As per the BOCW Act, all construction workers are required to be registered as beneficiaries under the BOCW Act in the state where they work. This registration is valid for one year only, and upon completion of the period, it should be renewed annually. If the registration has expired, it must be renewed without incurring any penalties as there is no penalty clause available in the Act. The fee structure varies from state to state, so you can seek clarification from your district Directorate of Industrial Safety and Health Department (Factories Department) where you registered your establishment.

Kind regards,
[Your Name]

According to me, there is no validity of beneficiary registration in Chapter IV, which deals with the said registration. Nowhere does it mention the validity of beneficiary registration. There is no chapter on this topic in the Central rules. However, the Maharashtra rules have a chapter (Chapter VI) on this topic, which does not state anything about the validity of beneficiary registration.

Therefore, in my opinion, and as I have been telling everyone, the registration of a beneficiary is a one-time job by paying the registration fee as fixed under the respective applicable rules or by the respective board formulated under this Act. In Maharashtra, this one-time fee is Rs. 25, and the monthly contribution by the beneficiary is Rs. 5, making it Rs. 60 per annum.

The labor department in Maharashtra is collecting Rs. 85 (registration fee + annual subscription as stated above) per person at the time of registration.

Dear Mahesh, Sh. Korgaonkar has correctly mentioned that nowhere is it specified about the validity of registration of beneficiaries in the Building and Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996. A section of the Act stipulates that every building worker aged between eighteen and sixty, who has worked in any building or other construction for at least ninety days in the past twelve months, is eligible for registration as a beneficiary of the Building and Other Construction Workers' Welfare Fund. The application for registration is to be submitted in the prescribed form along with the necessary documents and a fee of not more than fifty rupees. Each state, in its respective Rules, defines the eligibility criteria for the registration of building workers as beneficiaries and outlines the associated conditions.

Contribution Requirements and Penalties

Rule 267 of the Delhi BOCW (RE&CS) Rules, 2002 states that a beneficiary must contribute Rs. 20/- per month. This contribution should be paid in advance once in three months to any of the banks designated by the Board in the district of the member's residence. If a beneficiary defaults in contribution payment continuously for one year, they will lose their beneficiary status. However, with the permission of the Secretary or an authorized officer, membership may be reinstated upon payment of outstanding contributions along with a fine of two rupees per month, with a maximum of two re-enrollments.

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

I trust the above information clarifies your query.

Best regards,

BS Kalsi Member since Aug 2011

As a matter of fact, the majority of construction workers are migrants from other states. Initially, they register themselves as beneficiaries in the state where they are engaged. If they return to their native state, more than 70% of workers never go back to the same state where they previously worked. Instead, they move on to another state. This is the current reality for construction workers.

Beneficiary Registration and Costs

For beneficiary registration, the contractors typically bear the costs. If we cease paying the contribution for the second or subsequent year, the beneficiary's status will automatically expire. In the event of an accident, a registered beneficiary whose status has expired will not receive any benefits from the registration. To avail the benefits provided under the BOCWW Cess Act, the beneficiary must pay the annual fee.

Regards,

Hello, As per a news report in the Indian Express, it seems that registration and contribution are both recurring activities. The registration needs to be renewed every year, and the contribution needs to be paid every month. It is still not clear to me what the process is for continuing the benefits if laborers migrate from one state to another.

Coordination between state boards

Is there any coordination between state boards? In other states, the laborer will only be registered after 90 days of work. If there is an accident, will he receive benefits? I would appreciate the opinions of knowledgeable members, especially those involved in interstate construction companies.

For more information, you can refer to the following link: https://indianexpress.com/article/ci...lfare-5015498/

Thank you.

Several points have been mentioned by different experts. I am consolidating them along with my opinion.

Migrant Workers and Registration Challenges

As mentioned by Mr. Bhaskar, most of the laborers are migrant workers. They register in their home state after working for 90 days in the previous 12 months. However, when they migrate to another state, they don't receive benefits in that particular state. This occurs because the state board's registration of workers is not linked to another state board's registration. Workers must register with another state board after working for 90 days. During this intervening period, they are without the benefits of BOCW registration.

Renewal Process for BOCW Registration

There is no renewal in the registration itself. However, every year they must show that they have worked 90 days in the previous 12 months and pay renewal fees to the same board to receive benefits. The renewal is essentially to maintain their status as a beneficiary. They must provide documentary proof from the contractor, ward officer, or appropriate state official to renew their beneficiary status.

Difficulties for Migrant Workers

As most laborers are migrant workers, it is very difficult for them to obtain benefits because they frequently change states while working. Even to register in another state, they are required to produce a ration card, Aadhar card, and a document from the contractor. Migrant workers often do not have a ration card for the workplace, making registration challenging.

Towards a Unified Registration System

The process of establishing a Unique Identification or registration across India is in progress. The board's focus is to increase registrations and ensure renewals are as effective as registrations.