Need Help with BOCW Forms? Here's How to Access Them as per Maharashtra Rules

Dear team,

Please find the soft copy of forms under BOCW as per Maharashtra rules 2007.

Dear team,
can any one please clarify the below.
Is BOCW (BUILDING AND OTHER CONSTRUCTION WORKERS' Act) will applicable to a Factory which is recognized under Factories Act, 1948.
thank you,
Satish

Dear All,

I have a small confusion. We are in the construction industry and subject to the BOCW Act. When can we register a worker as a beneficiary? Is it once they complete 90 days, or should they be registered as a beneficiary as soon as they join our workforce?

Please advise.

Dear Team,

Where there is a factory only doing particular product manufacturing without any construction activity, the BOCW (Building and Other Construction Workers) Act is not applicable. The Factory Act comprises all regulations related to employment and conditions of service.

According to the BOCW Act, 90 days of working is compulsory for worker eligibility. Online registration can be done after completing the 90 days to get registered under BOCW.

The labor department in Maharashtra is collecting Rs. 85/- (registration fee + annual subscription) per person at the time of registration. In Maharashtra, the one-time fee is Rs. 25/-, and the monthly contribution by the beneficiary is Rs. 5/-, totaling Rs. 60/- per annum.

Regards, Dr. S. Hariharan

When is a lifting plan required?

How much load capacity is required for the lift plan? Kindly, could anybody share the details?

Which act and rules specify the requirements for making a lift plan?

You asked a very technical question on the forum of legal or semi-legal fraternity here.

Workplace Safety and Lifting Operations

As you know, lifting generally takes place at construction sites, shipyards, factories, and other industrial situations such as offloading with a forklift truck, containers at a warehouse, or at a commercial area. This subject falls under workplace safety, and in India, there are a few guidelines available as far as labor laws are concerned under the Factory Act, Mine Act, and BOCW Act. Those guidelines are totally inadequate.

Guidelines and Standards

You may refer to the Indian Standard BIS: 1992 in respect to cranes, lifting chains, chain pulley blocks, etc. A lifting plan also has set international standards with guidelines under it by various councils.

You may check with the manufacturer or refer to the manual for the handling operations of the respective machines.

Discussion on the 90-Day Criteria for Beneficiary Registration Under BOCW Act

Dr. S. Hariharan,

With due respect, Sir, I would like to discuss the 90-day criteria for beneficiary registration under the BOCW Act.

In the building construction industry, workers are not stagnant and tend to migrate frequently. They often change locations and employers, making it difficult for them to complete 90 days with any single employer.

If the 90-day criteria are applied based on working with a particular employer, who will benefit under this Act? Why should the employer pay a significant amount of Cess when most of their workers are not eligible for the benefit? This seems to defeat the purpose of the Act, don't you agree?

In my view, the 90-day criteria should pertain to employment in the construction industry as a whole, not with a specific employer. It should be structured this way.

Your comments would be most welcome to bring clarity to this subject matter.