Industrial Relations
Manager (ir&legal)
+2 Others

Thread Started by #boss2966

I am S. Bhaskar working in a construction Company at Surat as Asst Manager IR.

Our Clients are one of our subsidiary Company. They have registered themselves under BOCW Act before one year at the time of incorporation.

Presently due to a fatal accident, factories Inspector visited at our construction site and enquired about the BOCW Act regn. We have informed that Our client have already registered for the complete site for all the contractors working under them.

At present Client is insisting us to get registered under BOCW act.

The problem in registering is after registration we have to pay 1% of Contract value / work carried out during the year as BOCWW Cess.

Once our client has got registered and they are effecting the BOCWW Cess payment, is it mandatory for us to get registered. Will it not be duplicate registration and both have to make payment for the same project.

How to explain / make them to understand the same to our client.

May I expect the expertise view on the above subject which will guide me to come to a decision on registration under Gujarat BOCW Act / Rules,2003.
3rd December 2010 From India, Kumbakonam
once u hv registared under bocw act 1996 u hv not required for regiatration under this act.As far as enquiry abt fatal accident is conern inspector of factories is empowered to do so. u hv to pay cess as per norms as it is 1% of the cost of project excluding land cost.
27th January 2011 From India, Bhopal
Dear Rajjukumar
As our client insisted us we have done the registration under BOCW Act. Here in Gujarat Factories Inspector is empowered to lookafter BOCW Compliance. Whereas in Andhra Pradesh Labour Officer has been empowered to look after BOCW Compliance.
Thanks for your reply.
With warm regards
S. Bhaskar
27th January 2011 From India, Kumbakonam
As I understand the cess payment seems to be the issue. In any case you register or the contractor registers 1% cess has to be paid. If contractor pays they will include the cost in contract. So its either you pay directly or contractor pays cess and you pay him.
24th January 2013 From India, Mumbai
1.As concern of regn under BOCW Act it is mandatory for every builder/ owner of land who is going to construct a building which is intended to be use as factory premises or any other hub of commercial activity then after engagement of 10 or more construction labour on site the regn start to be obtain--- by the owner of the site -- not the contractor who is providing serrvice for construction.
2. If an employer/owner incorporate until unless he start construction on site he is not required any BOCW regn. And if Regn obtained for a particular site then if you are going to construct another site you have to take different regn for the particular site.
3.After completion of building you have(Owner of building) to pay 1% cess
4. I am also working at Tata Motor vendor Park(Ahmedabad-Nano Project) mostly of vendors not paid the cess at the time of construction they are pyaying now at the time of geting factory act license
3rd February 2013 From India, New Delhi
Note : BOCW amount only based on civil work, u can’t calculate cess amount on full construction amount. Cess Payment = 0.99% Treasury Payment - 0.01% Total cess = 1%
30th July 2013 From India, New Delhi
If company has taken registration then it is required to take registration to every contractor ? Please advise...
14th June 2017 From India, undefined
Yes. As per BOCW Act, there is no such Principal Employer, Contractor or Sub-Contractor. Here all are considered as Employer only. As an employer the Contractors also obtain the BOCW Registration Certificate. The payment can be paid directly paid by the PE and deducted in the Monthly Running bills of the Contractors as per the LOI.
15th June 2017 From India, Kumbakonam
I just want to know if anyone aware of any worker registration as per BOCW act?
Is it mandatory for building worker to be registered as a beneficiary under this Act ?
21st July 2018 From India, Mumbai
To get the benefits the worker needs to be registered under BOCW Board. He should have worked for not less than 90 days in previous year.
30th July 2018 From India, Mumbai
Dear Mr. Vinod,
The worker who has worked in construction industry for last 90 days is eligible to get registered. Unfortunately the workers are migrants in most cases. So if worker from Orissa has worked for 90 days in his home state and registered he would get benefits only in his own state.
If after registering as worker he shifts to Delhi then he will have to work again for 90 days to get himself registered as worker by paying fees.
There is no central database of workers so benefits can be given in any state. A big lacuna in the system.
In addition the workers are required to produce documents like Aadhar Card,ration Card and certificate from Contractor ( that they worked with him for 90 days).
It is impossible to get it for daily wage workers in some states. The Contractors are afraid to give it.
If you see the website of Maharashtra for registration of workers it is in english
14th August 2018 From India, Mumbai
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