Rajanassociates
Legal Counsel
Suresh Ramalingam
Legal, Hr & Compliance
Kuljit Pal Singh
Legal Professional
Nn_tiwari
Service
Ranjit0101
Service
+1 Other

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Dear Friends,
I have no idea about Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act, 1996.
We are principal employer and for our new office we are given construction work to a contractor. On 8-8-2008 there was an inspection by inspector from department of Inspection of Building and construction and asked about the registration of establishment under above cited act.
Please guide me what is the procedure for registration of establishment and who is liable for that Principal Employer or Contractor.
Thanks & Regards
Ranjit Samal
9818758445

From India, Delhi
As per Act, Employer is responsible for the registration under BOCW Act.
We are directing contractor to get themself registered under BOCW Act.
See the definition of Employer under Sec 2 (i) of the Act.

From India, New Delhi
Dear Indian Legislation Ref: 1996. With kind regards, V.Sounder Rajan Chennai – 600 001. E-mail : , [email protected] Off : 044-42620864, 044-65874684 ,
From India, Bangalore
Dear Ranjit,
It is not clear, whether your core business is construction activities.
If your core business is something else and you hired the service of a contractor to build your office, then there is no necessity for you to take any registration certificate for this purpose. The contractor (Real Estate) must have all the certificates and he has to comply all the formalities.
It is your responsibility to see that the contractor complies all the formalities related to construction workers. Otherwise, any penalties for violation of laws or claims (due to loss of life or injure to construction workers or non-payment of wages to workers etc.) occurs in due course of building construction, you have to pay.

From India, Hyderabad
Dear Ranjit
It will be easier for us to clarify ur doubts if u answer the following
1) Whether the nature or scope of work covers civil construction?
2) Whether any contractor is engaged for such Civil construction Work?
3) How many workers are engaged in such construction work?
4) wheather cost of construction is greater than 10 Lacs Rs.?
Regards

From India, Vadodara
Dear Kuljit,
1. Construction of new building in our plot.
2. Two contractors engaged for that one is for Civil construction work and other is for Electrical Work.
3. For construction 45 persons and for electrical 10 persons.
4. It is more than 10 lacs
Thanks & Regards
Ranjit Samal
9818758445

From India, Delhi
Dear Friend
Yes, the BOCW Act will be applicable in your case but as u said, that u have engage one civil contractor then it is the duty of the said contractor to get the registration and not u, in future also this may save u with the liabilty of 1% cess of total cost of construction.
Regards

From India, Vadodara
Dear Mr.Ranjit samal
If your s is an organisation and constructing a building for its use,it is the responsibility of your organisation to obtain registration certificate for employing blabour through contractor from labour department .
subsequently the contractor has to obtain licence for which we have to provide Form V to him .
In addition it is advisable to take a insurence policy covering labourers under workmen compensation to mitigate the risks.
Registration and licences are essential for carrying the work.the registration can be obtained from state labour department /central labour deoartment
B L N PATRUDU
098668-67772

From India, Hyderabad
Hi All, For those who want to know more about this Act.
From India, Mumbai

Attached Files
File Type: pdf TN Building Workers Act, 2006.pdf (373.6 KB, 217 views)

dear all,
The employer is required to get its establishment registered under the Act which is under construction (pls see def. of employer under the main Act which outrightly say it is the owner). The contractor comes into picture only in the case of government or other statutory bodies.
The contractor is liable to pay cess only when the same is deductable at source i.e. in cases when the contactor falls within the definition of employer in cases of govt deptts. govt companies or other statutory bodies or local govts. etc (pls see definition under the main Act) In all other cases, it is the owner who is to get itself register as emplyeer and also pay the cess. (Sec 3(1) of Cess Act)
best wishes,
Jpratap

From India, Chandigarh

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