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Draft:Building and Other Construction Workers (BOCW) Act, 1996

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Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
Parliament of India
CitationAct No. 27 of 1996
Territorial extentIndia
Enacted byParliament of India
Enacted19 August 1996
Commenced1 March 1996
Administered byMinistry of Labour and Employment (India)
Status: In force

The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, commonly known as the BOCW Act, is a labor welfare law in India. It was enacted to regulate the employment, safety, health, and welfare of workers engaged in building and construction activities. The law aims to protect construction workers, who often work under hazardous conditions without formal employment benefits.

Background

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The construction sector in India employs over 50 million workers and contributes significantly to the country's GDP. However, a large portion of the workforce operates in unorganized and informal conditions, lacking social security and safety regulations. To address these concerns, the Government of India enacted the BOCW Act in 1996.

The law was formulated following recommendations from the National Commission on Labour, which highlighted the high accident rates, low wages, and poor working conditions in the construction sector.[1]The Act was designed to bring the construction industry under a structured legal framework similar to the Factories Act, 1948, which covers workers in manufacturing industries.

Welfare Benefits for Workers

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Registered workers under the BOCW Act are eligible for various benefits, including:

  • Health and accident insurance
  • Pension schemes for retired workers
  • Maternity benefits for female workers
  • Educational scholarships for workers' children
  • Financial assistance for housing and medical emergencies
  • Housing Subsidy[2]

Enforcement and Challenges

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Implementation Issues

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Despite the legal framework, under-registration of workers and delayed disbursement of funds have been key challenges.[3] Many states have collected cess but failed to distribute benefits effectively.

Administrative Gaps

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  • Lack of awareness among workers and employers has slowed implementation.
  • Bureaucratic hurdles in welfare board registrations make it difficult for workers to claim benefits.[4]

Recent Developments

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Some states, such as Gujarat and Maharashtra, and Central have started digital registration of workers to improve accessibility to welfare schemes.[5]

References

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  1. ^ "National Commission of Labour" (PDF). II. {{cite journal}}: Cite journal requires |journal= (help)
  2. ^ "Schemes Checklist". bocwwb.gujarat.gov.in.
  3. ^ Jigeesh, A. M. (23 January 2025). "States yet to use ₹70,744 cr. funds for welfare of construction workers". The Hindu.
  4. ^ "ANNUAL REPORT" (PDF). Ministry of Labour and Employment.
  5. ^ "Labour ministry launches building & other construction workers management information system portal - ET Government". ETGovernment.com.