Dear all Can any one tell me briefly about diifrecne in Manufactoring industries labour law and matter of Building and Other construcion Worker law and also about act
From India, New Delhi
36From India, New Delhi
Dear Friend, Each law has its applicability. Like Factory Act applicable for manufacturing units. BOCW Act is applicable to unorganised sector of labours engaged in building works. Regards
From India, Vadodara
From India, Vadodara
Dear Ashok,
Please ask the complete question or query to receive a proper reply from the members. I assume you are seeking details for preparing your Course Project Report. Below are the relevant acts for different industries:
Manufacturing Industries - Factories Act
Construction Industries - BOCW Act, 1996
Mining Industries - Mines Act
These are the three industries where unskilled manpower is typically deployed.
Thank you.
From India, Kumbakonam
Please ask the complete question or query to receive a proper reply from the members. I assume you are seeking details for preparing your Course Project Report. Below are the relevant acts for different industries:
Manufacturing Industries - Factories Act
Construction Industries - BOCW Act, 1996
Mining Industries - Mines Act
These are the three industries where unskilled manpower is typically deployed.
Thank you.
From India, Kumbakonam
Dear Sir,
Mr. Bhaskar,
You are right. I want to know about the Construction Industries - BOCW Act, 1996. But not just for project use, generally like that.
1. How many Gazetted and National Festivals are there in a whole year?
2. When is the Act applicable?
3. Is there a special health and safety policy (if any)?
4. What are the working hours?
5. What are the O.T. Rules (if any differences)?
6. Is EPF applicable for construction workers?
7. Welfare Fund
8. Is ESIC coverage available for them?
I have some general knowledge about this, and one book about this act clears all this. But sir, I want to learn more from this forum because my queries can be clarified here only. I believe books are our friends, not teachers, but in this forum, many teachers are available for us. Sorry if there is anything wrong.
Thanks and Best Regards,
Ashok
From India, New Delhi
Mr. Bhaskar,
You are right. I want to know about the Construction Industries - BOCW Act, 1996. But not just for project use, generally like that.
1. How many Gazetted and National Festivals are there in a whole year?
2. When is the Act applicable?
3. Is there a special health and safety policy (if any)?
4. What are the working hours?
5. What are the O.T. Rules (if any differences)?
6. Is EPF applicable for construction workers?
7. Welfare Fund
8. Is ESIC coverage available for them?
I have some general knowledge about this, and one book about this act clears all this. But sir, I want to learn more from this forum because my queries can be clarified here only. I believe books are our friends, not teachers, but in this forum, many teachers are available for us. Sorry if there is anything wrong.
Thanks and Best Regards,
Ashok
From India, New Delhi
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 a Labor License before commencement of a construction job. In that Act, details are typically given about the contract workforce, obtaining labor license procedure, welfare measures, and all about the contract workmen. The government felt that the act does not have uniqueness.
Hence in 1996, the government introduced the Building & Other Construction Workers Act (in short, BOCW Act), BOCW Rules, and BOCW Welfare Cess Act, BOCW Welfare Cess Rules. In the BOCW Act & Rules, it provides directions about welfare measures to workmen, safety precautions, and many technical aspects about tools, tackles, instruments, machineries, lifting appliances, maintenance, inspection, etc. Medical facilities required to be given to injured workmen, periodical medical check-up for drivers, operators, food handlers, etc., pre-employment medical check-up for every workman. It is required to be inspected by a technical person. Hence, a Factory Inspector has been empowered to act as a BOCW Inspector.
For implementation purposes, the government needs funds. So, they implemented the BOCW Welfare Act, which made provisions to collect a minimum of 1% and a 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 being 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 rules to issue the Beneficiary Cards/BOC Worker Identity Card to the workmen working on construction sites after obtaining the Application Forms + Age/Name/Address/Family Details Proof + Fee for Registration (In AP, it is Rs.62 in the first year and every year Rs.12 as a renewal fee & in Gujarat Rs.100 in the 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 Festivals in the whole year?
Ans: There are 3 National Holidays and 6 or 7 Festival Holidays to be given as paid holidays to the workmen as fixed by the State Government.
02. When is the Act applicable?
The act is applicable immediately on the commencement of the job.
03. Special health and safety policies (if any)?
Please read the Health, Safety, and Environment details in Sections 32 to 41 in BOCW Act.
04. Working Hours.
Check Section 28 & 29 in BOCW Act.
05. O.T. Rules (if any difference)
See Section 29 in BOCW Act.
06. Applicability of EPF for construction workers.
EPF is applicable to all the workmen, and 12% must be deducted from the employee and further remitted along with the employer share to EPFO every month.
07. Welfare Fund
Hope you are asking about the Labor Welfare Fund here. The amount varies from state to state and from time to time. Please check with your License Issuing Authority.
08. ESIC coverage for them
Generally, ESI coverage is not applicable to construction workers. But if your construction activities are being done on the premises of factories or your principal employer is covered under ESI, then obviously you also need to make payments for ESI as 1.75% Employee Share and 4.75% Employer Share.
Hope your queries are addressed by me.
Any further queries, never hesitate to ask.
All the best, and wish you happy learning.
From India, Kumbakonam
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 a Labor License before commencement of a construction job. In that Act, details are typically given about the contract workforce, obtaining labor license procedure, welfare measures, and all about the contract workmen. The government felt that the act does not have uniqueness.
Hence in 1996, the government introduced the Building & Other Construction Workers Act (in short, BOCW Act), BOCW Rules, and BOCW Welfare Cess Act, BOCW Welfare Cess Rules. In the BOCW Act & Rules, it provides directions about welfare measures to workmen, safety precautions, and many technical aspects about tools, tackles, instruments, machineries, lifting appliances, maintenance, inspection, etc. Medical facilities required to be given to injured workmen, periodical medical check-up for drivers, operators, food handlers, etc., pre-employment medical check-up for every workman. It is required to be inspected by a technical person. Hence, a Factory Inspector has been empowered to act as a BOCW Inspector.
For implementation purposes, the government needs funds. So, they implemented the BOCW Welfare Act, which made provisions to collect a minimum of 1% and a 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 being 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 rules to issue the Beneficiary Cards/BOC Worker Identity Card to the workmen working on construction sites after obtaining the Application Forms + Age/Name/Address/Family Details Proof + Fee for Registration (In AP, it is Rs.62 in the first year and every year Rs.12 as a renewal fee & in Gujarat Rs.100 in the 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 Festivals in the whole year?
Ans: There are 3 National Holidays and 6 or 7 Festival Holidays to be given as paid holidays to the workmen as fixed by the State Government.
02. When is the Act applicable?
The act is applicable immediately on the commencement of the job.
03. Special health and safety policies (if any)?
Please read the Health, Safety, and Environment details in Sections 32 to 41 in BOCW Act.
04. Working Hours.
Check Section 28 & 29 in BOCW Act.
05. O.T. Rules (if any difference)
See Section 29 in BOCW Act.
06. Applicability of EPF for construction workers.
EPF is applicable to all the workmen, and 12% must be deducted from the employee and further remitted along with the employer share to EPFO every month.
07. Welfare Fund
Hope you are asking about the Labor Welfare Fund here. The amount varies from state to state and from time to time. Please check with your License Issuing Authority.
08. ESIC coverage for them
Generally, ESI coverage is not applicable to construction workers. But if your construction activities are being done on the premises of factories or your principal employer is covered under ESI, then obviously you also need to make payments for ESI as 1.75% Employee Share and 4.75% Employer Share.
Hope your queries are addressed by me.
Any further queries, never hesitate to ask.
All the best, and wish you happy learning.
From India, Kumbakonam
Dear S. Bhaskar,
I have one query regarding the EPF Act under the BOCW Act, 1996. My query is: the workers working under this act are not permanent; also, they have no address proof as they are living on the construction site, nor do they have any birth proof. Because of this, they are not able to open a bank account. In this case, how will the employee receive his PF after resigning or upon completion of the project?
Regards,
Arihant
From India, Surat
I have one query regarding the EPF Act under the BOCW Act, 1996. My query is: the workers working under this act are not permanent; also, they have no address proof as they are living on the construction site, nor do they have any birth proof. Because of this, they are not able to open a bank account. In this case, how will the employee receive his PF after resigning or upon completion of the project?
Regards,
Arihant
From India, Surat
Dear Arihant,
I do not think there will be any problem in opening a Savings Account in a Post Office nearer to his hometown. Normally, they never ask for any proof. Furthermore, it is intimated that the Address Proof is readily available if any person approaches the nearest post office to his residence. Please see the below link which may be useful for everyone: https://www.citehr.com/262072-addres...ndia-post.html
From India, Kumbakonam
I do not think there will be any problem in opening a Savings Account in a Post Office nearer to his hometown. Normally, they never ask for any proof. Furthermore, it is intimated that the Address Proof is readily available if any person approaches the nearest post office to his residence. Please see the below link which may be useful for everyone: https://www.citehr.com/262072-addres...ndia-post.html
From India, Kumbakonam
Bhaskar,
Excellent explanation. Though I have been in the construction sector for the last 25 years, I was not aware of all the regulations in place. I noticed that you did not cover the Workman's Compensation Act.
Pon
From India, Lucknow
Excellent explanation. Though I have been in the construction sector for the last 25 years, I was not aware of all the regulations in place. I noticed that you did not cover the Workman's Compensation Act.
Pon
From India, Lucknow
Without knowing the identity of workers, why should you employ them? As an employer or principal employer (if you engage workers through a contractor), you should know their place of birth, the police station they belong to, etc. This is very important because there are a lot of cases involving migrant laborers in terrorism, theft, rape, and other antisocial activities. Remember that we are supposed to register and file certain returns under the Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, if we employ five or more migrant employees. The primary purpose of the Act is to "REGULATE" such employment. Therefore, avoid engaging any employee if you are not satisfied with their identity.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
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