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Section 104: Registration of building workers as beneficiaries

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VIII: Social Security and Cess for Building Workers
Competent Labour Forum
Act No. 36 of 2020
Section 103 All 163 Sections of Code on Social Security, 2020 Section 105

Legal Commentary & Landmark Judgments: Section 104

Section 104 of the Code on Social Security, 2020 establishes the statutory framework for the registration of building and other construction workers as beneficiaries under the Welfare Fund, setting out objective eligibility criteria, the 90-day work qualification, and mechanisms for issuing portable digital identity cards.

  • Core Eligibility Criteria and Age Limits: Prescribes that every building worker who has completed eighteen years of age, but has not completed sixty years of age, and who has been engaged in any building or other construction work for not less than ninety days during the preceding twelve months, shall be eligible for registration as a beneficiary.
  • Application Procedure and Authorized Officers: Mandates that an application for registration shall be made in such electronic or physical form and accompanied by such documents (including age proof and Aadhaar authentication) to such officer authorized by the State Building Workers' Welfare Board.
  • Statutory Presumption and 90-Day Certification: Authorizes the worker to prove the ninety-day employment requirement through self-certification, contractor certificates, employer wage slips, or an endorsement by an Inspector-cum-Facilitator or registered trade union, dismantling bureaucratic verification bottlenecks.
  • Portability and Universal Digital Beneficiary Card: Directs the Board to issue an electronic beneficiary identity card with a unique identification number, ensuring seamless inter-state portability of welfare entitlements for migrant construction workers across India.
Key Landmark Precedents:
  • National Campaign Committee for Central Legislation on Construction Labour v. Union of India (2018) 5 SCC 218: The Supreme Court held that the 90-day employment certification must not be turned into an oppressive instrument to deny registration; the Court directed State Welfare Boards to accept self-certification and trade union verification to ensure universal coverage of construction workers.
  • In Re: Problems and Miseries of Migrant Labourers (2021) 7 SCC 774: The Supreme Court directed the Union of India and all State Governments to complete the registration of all unorganised and construction workers on the national portal without delay, ensuring direct delivery of statutory social security benefits.
  • Peoples Union for Democratic Rights v. Union of India (1982) 3 SCC 235: The Supreme Court held that the rights of construction workers to humane working conditions and statutory protections are rooted in fundamental rights under Articles 21, 23, and 24.
Courtroom Practice & Strategic Litigation Guidance:

Construction contractors and infrastructure developers must maintain verified muster rolls and provide all site workers who complete 90 days with formal service certificates or automated digital work-logs. Establishing an on-site facilitation desk to assist workers with Aadhaar-linked registration before the State Welfare Board mitigates non-compliance risks during Inspector-cum-Facilitator audits and insulates the principal employer from statutory default penalties.

Section 103 All 163 Sections of Code on Social Security, 2020 Section 105