boss2966 Started The Discussion:
I am herewith attaching the ppt presentation on Building and Other construction Workers Act, 1996 and Building and Other Construction Workers Rules, 1998 for your ready reference.
Please make your comments without fail so that any improvement can be made in future.
Thank you Varsha for your Valuable comments
In case the construction work is being carried out inside the premises of Factories or mine campus then there will only be Factories Act and Mines Act applicable and we need not to maintain the BOCW Act, as the same is being covered by the ibid act.
BOCW Act carries some technical aspects. As that is covered in Factories act and Mines Act, it is considered not required to be maintained. (Only form Nos. are being changed otherwise all are same).
I am in doubt over Factory & BOCW Acts. Can any one help me to clear my doubts on the followings:-
1. Whether Factory & BOCW Act will applicable in the expansion project of a running factory?
2.For any alteration or modification of a running factory (covered under Factory Act) needs the approval of Chief Inspector of Factories of the respective states. But in the approval it self it has noted that before construction CESS must be deposited under CESS ACT 1996. I am not able to understand the meaning & whether any Cess Act 1996 is there?
3. Prior to Oct'10 our factory (NFL) was under State Authority. None of the authorities were asking for BOCW cess. From Oct'10 our factory covered has under Central Govt. Now the state labour authorities asking for compliance of BOCW Act. Kindly express your expert opinion to tackle the issue.
Thanking you all in advance.
In which state your factory located.
You consult your factories inspector as well as Labour Commissioner about this doubt.
Because Once Factories Act is implemented there the BOCW act will get ceased. Once the Factory fencing is made excluding the expansion project then Factories Act is not applicable and only BOCW will be applicable to that expansion project.
But the construction area falls within the factory premises then BOCW Act cannot be applicable and only Factories Act will be applicable.
That's the reason Factories Inspector is given instruction for remitting the Cess as per the contract value in initial stage itself.
Eventhough you make payment it will be reimbursed by your principal employer. So you can pay the same after taking the concurrence from your client (for reimbursement purpose).
Now for this construction work you must apply to Central labour Office and not state Labour Office. Please check and apply for licence.
Hope I have cleared your doubts
All the best
Dear Mr. Bhaskar,
Very impressive & nice presentation! Keep adding value!
However, the exception clause covers the following.
"The exception made is only in respect of residential houses for own purpose constructed with a cost not exceeding Rs. 10 lakh and such other activities to which the provisions of Factories Act, 1948 and Mines Act, 1952 apply."
Your views pl.
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