⚖️ Legal Interpretation of "Building or Other Construction Work" under the BOCW Act, 1996

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 ⚖️ Legal Interpretation of "Building or Other Construction Work" under the BOCW Act, 1996

Building or Other Construction Wor
📘 Statutory Definition – Section 2(1)(d)

“building or other construction work means the construction, alteration, repairs, maintenance or demolition of or, in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, wireless, radio, television, telephone, telegraph and overseas communication cables and similar other works.”

🔍 Exclusion Clause:

It specifically excludes any building or other construction work to which the provisions of the Factories Act, 1948 or the Mines Act, 1952 apply.

🧾 Key Elements of Interpretation

ElementLegal Meaning
Inclusive ListThe section uses means and includes style, implying an exhaustive but broad list of activities.
Covers both public and privateApplicable to infrastructure, commercial, and residential construction.
Includes non-building activitiesWork related to telecom lines, power grids, irrigation, etc., also falls under its ambit.
Temporary and migrant labourMeant to cover non-permanent, unorganised labour typically excluded from Factory/Industrial laws.

🧑‍⚖️ Judicial Interpretation

🔹 Lanco Anpara Power Ltd. v. State of U.P. (2016) – Supreme Court

Held: BOCW Act applies to construction activities even if the establishment is later governed by the Factories Act.
✅ Key Point: The exclusion under Section 2(1)(d) kicks in only after the unit is operational under the Factories Act — not during construction.

🔹 Gammon India Ltd. v. Union of India (2006) – Bombay HC

The term “building or other construction work” is wide enough to include bridge construction, transmission lines, and power infrastructure.
✅ Held: Labour involved in such projects falls squarely within the scope of the BOCW Act.

🔹 Larsen & Toubro Ltd. v. State of Jharkhand (2004) – Jharkhand HC

Clarified that site-based fabrication and erection of structures form part of “construction” under the Act.
⚠️ Observation: Courts will go by the functional nature of work, not just the contract title.

🚫 What is Not Covered?

  • Factory-related work after commercial production begins (covered by Factories Act)

  • Mining operations governed under the Mines Act, 1952

  • Manufacturing work inside factory premises that is not part of the construction phase

  • Agricultural construction in individual farming, unless on commercial scale

🔍 Legal Implications for Employers

AreaObligation
RegistrationEstablishments involved in any such work must register under Section 7
Cess Payment1% cess to be paid under BOCW Cess Act on total cost (including materials)
Worker WelfareRegistration of workers under Section 12 required to claim benefits
Overlap AvoidanceEven if Factories/ESI/EPF laws apply later, BOCW applies during project phase

📌 Conclusion

The phrase “building or other construction work” under the BOCW Act is interpreted liberally to include a vast range of infrastructure and site-specific activities. Courts have consistently ruled in favour of broader coverage to ensure social security, welfare, and dignity for unorganised construction workers — especially in large public-private projects.

Employers must take proactive steps to register and comply during the entire construction lifecycle, regardless of whether they’ll later fall under the Factories or other Acts.

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