Building & Other Construction Workers Welfare Cess Act 1996 - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws
Kuljit Pal Singh
Legal Professional
Wantednik
Statutory Compliances
+3 Others

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Dear Sir
Please confirm who is responsible to pay the Cess to the authorities under the Building & Other Construction Workers Welfare Cess Act, 1996, whether the principal employer or the Contractor or the sub- contractor. Whether the act is applicable when the construction & commissioning of the factory is under process and the the same is not registered under the factories act.
Please confirm
Gaurav Saini

Please confirm who is responsible to pay the Cess to the authorities under the Building & Other Construction Workers Welfare Cess Act, 1996, whether the principal employer or the Contractor or the sub- contractor. Whether the act is applicable when the construction & commissioning of the factory is under process and the the same is not registered under the factories act.
Dear Gaurav,
Principle employer will liable to pay cess amount if contractor or sub contractor fail to submit required amount.
Principle employer can recover that amount from contractor bill.
Regards,
Nikhil Gupta
Voltas Ltd.

I think the responsibility for payment of cess lies with the building owner. However, if the work is carried out through a contractor by engagement of building workers coming under the definition of Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act, 1996, the contractor shall pay the cess.
Regards,
Madhu.T.K

As I have gone through th above said material , no where it si defined the meaneing of the employer. Pl. help to define the meaning of the "Employer" in the WelfareCess Act,1996 as effective in Uttar Pradesh.
Dear Friend,
So far as BOCW Act is concerned the legislatures has given very wide defintion of Employer, the definition includes Contractor and the definition of Contractor includes Sub-contractor, in view of this sub contractor may also take Registration and pay cess thereby under Cess Act.
Few of the States like Karnataka has framed rules wherein PSU's should register under the BOCW Act and pay cess by deducting from the bills raised by the Contractors.
The BOCW Act will be applicable when the construction & commissioning of the factory is under process and the the same is not registered under the Factories Act.
Regards

Construction workers welfare boards were formed by each State Govt.s as per the Act. passed in1996. Every state has its own norms. In Tamilnadu the board formed the rules as under. The departments have to appropriate a certain % fixed by the board ( Say 1% or so) and it should be transferred by the departments concerned to Constn.workers welfare board. For private constructions the prospective persons or companies undertaking the construction should take a Bank Demand draft in favour of the Chairman construction Welfare board along with their application for Building permit on the basis of the provisional cost. This has made positive collections for the board and they are able to provide welfare measures for the workers. Instead of EPF or ESI for the workers this is more helpful for the workers. The workers also able to get the benefits without any hassle.It is also of Inspector raj.
Can any member send me HR Manual and Policy for construction company
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