BOCW Registration

BOCW stands for building and other construction workers. It is a relief for the workers who are working at an uncomfortable and pathetic place. The main purpose of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act,1996 is to get updated about the worker’s working conditions. Moreover, it acts as a social welfare scheme, though they work with the motive of serving benefits to the workers who are somewhere in the activities like building and construction within the state. 

The objective of the BOCW Act, 1996 :

The main objective of BOCW is to control the working condition and employment of workers, as well as to serve their welfare, safety, and health needs and to address other related issues. 

The reason for creating BOCW :

  • The BOCW Act guarantees that employees are not exploited and that they are given access to a safe and healthy working environment.
  • Every State government in India is required by law to establish its own Building and Other Construction Worker’s Welfare Boards.
  • If any worker might face any mishaps or accidental injuries, BOCW will help you in terms of- providing pensions, the medical expenses of the worker, issuing the loan for house construction, and more.
  • Each worker whose age is between eighteen to sixty and who engaged with any development work for at least 90 days during the previous year is eligible to register as the recipient of the BOCW welfare Fund under this Act.
  • Workers may submit a registration application in the required format with the required supporting documentation and registration cost.
  • A request is made to the official designated by the Board in this regard.

Limited Coverage of Factory Act, 1948 

The BOCW Act's Section 2(e) defines building employees. A building worker is defined by the Act as "a person employed to perform any manual, supervisory, technical, or clerical labor for hire or reward, whether the terms of employment are written or implied, in connection with any building or other construction work."

The phrase "building or other construction work" is used in such a way that it excludes any building or other construction work that is subject to the provisions of the Factories Act of 1948. Employers exploit this Section 2(d) exclusion provision to exempt themselves from the BOCW Act's registration requirements and tax. Employers who are already covered by the Factories Act of 1948 do not wish to register under the BOCW Act's jurisdiction.

The Factories Act of 1948 defines a worker as a person who is engaged in the manufacturing process, in the cleaning of any equipment or spaces utilized in the manufacturing process, or in any type of labor that is in some way associated with the manufacturing process or its topic.

Required Document for BOCW Registration :

  • Address proof
  • Age-proof or self-declaration 
  • Aadhar card
  • Bank Details
  • Information about dependents, the nomination form, and the employer's certificate attesting to the employee's 90 days of construction work.

The Procedure for BOCW Registration :

  1. To get registration, first, you need to create a login id on the central BOCW web portal using a genuine Email id. After completion, your details of password will be sent to you on your registered email or mobile number.
  2. It is necessary to fill in the Basic Information Performance (BIP) on the portal which includes all the information about the organization; address of the organization, employers details, worker details, construction, and declaration.
  3. Attach all the documents along with the form in the given order.
  4. Payment- it is up to your convenience you can pay in both online and offline mode.
  5. If the application is submitted as per the given guidelines the certificate will be issued.

Note: you can check the status of your application on your registered mobile number and Email id.

Responsibility and liability of the employer :

An employer will be held liable for providing regular and sufficient management and supervision of any building or other construction work in his establishment in order to ensure compliance with this Act's safety provisions and for taking all necessary practical precautions to avoid accidents.

The employer must send or arrange for the sending of a letter to the inspector with jurisdiction over the area where the planned building or other construction work is to be carried out at least 60 days prior to the start of any building or other construction work.

The employer must notify the Inspector of any changes to any of the information submitted under subsection (1) within 30 days of the change taking place.

Possibility of cancellation of BOCW Registration:

Now, because of the heading, you might get afraid that your application for registration gets canceled. Don’t worry not every application is canceled. So, let's understand some of the situations of cancellations,

If the registering officer determines that an organization's registration was obtained through misrepresentation or the omission of a material fact, that the provisions of the Act have not been followed in connection with any work that is carried out by the organization, or for any other reason that the registration has become ineffective or useless and is therefore required to be canceled.

Penalties :

  • According to section 46, any employer who fails to give notice before the start of any building or other construction activity is subject to punishment, which may include both a prison term of up to three months and a fine of up to 2,000 rupees.
  • Interfering with an Inspector while he is performing his duties under the Act, or wilfully failing to provide the Inspector with any reasonable support for conducting any examinations, inspections, investigations, or inquiries authorized by or under the Act in relation to an organization, is punishable by up to three months in jail, a fine of up to 1,000 rupees, or both.

Click on the name of the state you want to read about BOCW registration: 

Bihar

Maharastra

Punjab

                       Our Role in Obtaining the BOCW Registration

  • Our consultants will educate you concerning each and every aspect of the BOCW registration, including how to get approval for it.
  • JR’s expert consultants will assist you in filling out the application form for the BOCW certificate.
  • We will ensure a smooth procedure by ensuring proper documentation, evaluation, and testing to obtain the registration. 
  • We have a team of expert consultants who will provide you with proper guidance during the approval procedure.
  • Our BOCW certification consultants will directly coordinate with the BOCW officials to ensure proper follow-ups and acknowledgments to obtain registration.

Conclusion

To conclude, JR Compliance can assist you in obtaining the BOCW approval by ensuring proper documentation, evaluation, testing, etc because acquiring it could be monotonous. Moreover, to make our client understand each aspect of the registration, we will educate you regarding the same. Additionally, submitting documents late or providing inaccurate information on the application form both have the potential to slow down the procedure.

Thus, to avoid such inaccuracy contact our expert and experienced team immediately for professional assistance and support in BOCW registration.