Industrial Relations
Manager (ir&legal)
Vinod Kale
Hse Manager
+1 Other

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.

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.

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

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.
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

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%
From India, New Delhi
If company has taken registration then it is required to take registration to every contractor ? Please advise...
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.
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 ?
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.
From India, Mumbai

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