Dear All,
As per BOCW act 90 days working is compulsory for eligibility of worker. If abc labour is there whose date of joining is 1st jan 2013 after completion of 90 days he get registered under BOCW but after how many months he is liable for renewal of his individual registration. If for 1.8 months he didn’t make renewal of his registration then is there is any other penalty charges for that or that registration get expired. Please give your opinions.
Thanks
From India, Pune
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11As per BOCW act 90 days working is compulsory for eligibility of worker. If abc labour is there whose date of joining is 1st jan 2013 after completion of 90 days he get registered under BOCW but after how many months he is liable for renewal of his individual registration. If for 1.8 months he didn’t make renewal of his registration then is there is any other penalty charges for that or that registration get expired. Please give your opinions.
Thanks
From India, Pune
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Dear Mahesh,
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]
From India, Kumbakonam
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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]
From India, Kumbakonam
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Dear Bhaskar ji (Boss),
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.
From India, Mumbai
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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.
From India, Mumbai
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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.
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
From India, Mumbai
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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.
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
From India, Mumbai
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Dear Mr. Keshav,
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.
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.
From India, Kumbakonam
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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.
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.
From India, Kumbakonam
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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.
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/cities/mumbai/maharashtra-govt-plans-centres-to-register-construction-workers-expand-welfare-5015498/
Thank you.
From India, Mumbai
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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.
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/cities/mumbai/maharashtra-govt-plans-centres-to-register-construction-workers-expand-welfare-5015498/
Thank you.
From India, Mumbai
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Several points have been mentioned by different experts. I am consolidating them along with my opinion.
As mentioned by Mr. Bhaskar, most of the laborers are migrant workers. So they get themselves registered in the home state after working for 90 days in the previous 12 months. However, when they migrate to another state, they don't get the benefits in that particular state. This is happening because the state board's registration of workers is not linked to another state board registration. The workers would have to get themselves registered with another state board after working for 90 days. So, in this intervening period, they are without the benefits of BOCW registration.
There is no renewal in the registration. But every year they will have to show that they have worked 90 days in the previous 12 months and pay renewal in the same Board. Then they will get benefits. So the renewal is actually to get the benefits as a beneficiary. They will have to provide documentary proof from the contractor or ward officer or appropriate state official to get the renewal as a beneficiary.
As most of the laborers are migrant workers, it is very difficult for them to get the benefits because they keep on changing the states while working. Even to get themselves registered in another state, they are required to produce ration card, Aadhar card, as well as a document from the contractor. The migrant workers do not have a ration card of the workplace, so it is very difficult for them to get the registration.
The process of having a Unique Identification or registration across India is in progress. The focus of the board is to get more registrations and keep the renewals as good as registrations.
From India, Mumbai
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As mentioned by Mr. Bhaskar, most of the laborers are migrant workers. So they get themselves registered in the home state after working for 90 days in the previous 12 months. However, when they migrate to another state, they don't get the benefits in that particular state. This is happening because the state board's registration of workers is not linked to another state board registration. The workers would have to get themselves registered with another state board after working for 90 days. So, in this intervening period, they are without the benefits of BOCW registration.
There is no renewal in the registration. But every year they will have to show that they have worked 90 days in the previous 12 months and pay renewal in the same Board. Then they will get benefits. So the renewal is actually to get the benefits as a beneficiary. They will have to provide documentary proof from the contractor or ward officer or appropriate state official to get the renewal as a beneficiary.
As most of the laborers are migrant workers, it is very difficult for them to get the benefits because they keep on changing the states while working. Even to get themselves registered in another state, they are required to produce ration card, Aadhar card, as well as a document from the contractor. The migrant workers do not have a ration card of the workplace, so it is very difficult for them to get the registration.
The process of having a Unique Identification or registration across India is in progress. The focus of the board is to get more registrations and keep the renewals as good as registrations.
From India, Mumbai
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BOCW CONTRACT LABOUR REGISTRATION FORMS.pdf