Employment and Condition of Service) Act, 1996 , hereinafter referred to
as the “ BOCW Act ”.
2. The BOCW Act has been enacted to regulate the employment ... incidental thereto. As per the Statement
of Objects and Reasons for the BOCW Act , “ it is estimated that about 8.5
million workers in the country
Government Of Andhra Pradesh & Others vs Lakamsani Samba Siva Rao & Others on 6
Employment and Conditions of Service)
Act, 1996 (hereinafter referred to as ' BOCW Act') and Buildings And Other
Construction Workers Welfare Cess ... petitions in the High Courts on the ground that the provisions of BOCW Act
or Welfare Cess Act were not applicable to them because
Employment and Conditions of Service) Act, 1996 (for short "the
BOCW Act "); The Building and Other Construction Workers
(Regulation of Employment and Conditions ... both the Acts and the Rules.
4. The background in which the BOCW Act was enacted, is set out in
the Statement of Objects
follows:
"i) In the first instance, it is argued that BOCW Act does not
apply to those undertakings which are registered under the
Factories ... other construction work" as
contained in Section 2(1) (d) of BOCW Act, which reads as
under:
" Section 2(1)(d) :"building
Construction Workers (Regulation of Employment and Conditions of
Service) Act, 1996 (the BOCW Act ) and the Building and Other
Construction Workers‘ Welfare Cess ... issued even by the Government of India under Section 60 of the BOCW Act
have been disregarded by State Governments and UTAs - and this
Shri Krishan vs Jasoda Devi And Ors on 27 September, 2017
Author: J.R. Midha
Apex Court
held that:-
"[3] The background in which the BOCW Act was
enacted, is set out in the Statement of Objects and
Reasons ... other conditions of service."
[4] A fairly long preamble to the BOCW Act is
again indicative of its purpose. It reads thus
Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (' BOCW Act ').
(b) The Building and Other Construction Workers' Welfare Cess ... ground of lack of legislative competence in Parliament to enact it. The BOCW Act is challenged for vagueness. The Central Rules, the Cess Rules
Employment and Conditions
of Service) Act, 1996 (hereinafter referred to as the
„ BOCW Act ‟), which provide for deduction to be
made ... provided by the Cess Act read
with the Cess Rules and the BOCW Act which
provide for deduction to be made
