Dear Mr. Umakanthan
The BOCW act is applicable whoever engaging the workforce involved at construction or building activities. In BOCW there is no such PE. It says only Employer. Hence the PE, Contractor, Sub-Contractors are to obtain the Registration Certificate by applying in Form I. Then the Contractors will have to maintain all the relevant statutory documents (Wages, Muster Rolls, OT Register,) and Technical related documents (Periodical inspection of lifting gears, wire rope, hoist, and other equipments being used for construction purpose), welfare related documents (Canteen Price list, Medical check up of all workers (Pre employment and periodical medical check up), Hygiene & Sanitation Records) and whenever the BOCW Inspector is visiting the site, the above documents must be produced on demand.
From India, Kumbakonam
1166The BOCW act is applicable whoever engaging the workforce involved at construction or building activities. In BOCW there is no such PE. It says only Employer. Hence the PE, Contractor, Sub-Contractors are to obtain the Registration Certificate by applying in Form I. Then the Contractors will have to maintain all the relevant statutory documents (Wages, Muster Rolls, OT Register,) and Technical related documents (Periodical inspection of lifting gears, wire rope, hoist, and other equipments being used for construction purpose), welfare related documents (Canteen Price list, Medical check up of all workers (Pre employment and periodical medical check up), Hygiene & Sanitation Records) and whenever the BOCW Inspector is visiting the site, the above documents must be produced on demand.
From India, Kumbakonam
Dear Mr. Umakanthan
Please go through the Section 2 (d) of BOCW Act, 1996, in which the activities are mentioned which is considered as Building or Construction Activities.
2 (d) “building or other construction work” means the construction, alteration, repairs, maintenance or demolition, of or , in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqua ducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the appropriate Government, by notification but does not include any building or other construction work to which the provisions of the Factories Act, 1948 (63 of 1948), or the Mines Act, 1952 (35 of 1952), apply.
From India, Kumbakonam
Please go through the Section 2 (d) of BOCW Act, 1996, in which the activities are mentioned which is considered as Building or Construction Activities.
2 (d) “building or other construction work” means the construction, alteration, repairs, maintenance or demolition, of or , in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqua ducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the appropriate Government, by notification but does not include any building or other construction work to which the provisions of the Factories Act, 1948 (63 of 1948), or the Mines Act, 1952 (35 of 1952), apply.
From India, Kumbakonam
Dear Mr. Bhaskar, An excellent presentation. Thank you for sharing. I have a query, is there any due date for depositing the cess collected? Awaiting your response. Thank You Shruti
From India, Delhi
From India, Delhi
I have a question.
1.What if the factory is running and Government department force you to submit the the CESS?? Also If for a factory or for a building
2.if we are covering all the building workers under EPF and ESIC Act, than what is the requirement of of the payment of this CESS.
3. what is computation of cess?? on what basis cess to be PAID?? If we are making a factory and the procject is of 5CR including electrical fitting, A/C, Lights, etc do we need to pay the CESS on this also.
From India, Indore
1.What if the factory is running and Government department force you to submit the the CESS?? Also If for a factory or for a building
2.if we are covering all the building workers under EPF and ESIC Act, than what is the requirement of of the payment of this CESS.
3. what is computation of cess?? on what basis cess to be PAID?? If we are making a factory and the procject is of 5CR including electrical fitting, A/C, Lights, etc do we need to pay the CESS on this also.
From India, Indore
Dear Sir,
We are registered BOCW act, Punjab. We are paying regularly @1%. Some clarification required
1. CESS to be paid against my Contract Value? incase my execution will be more or less than my contract value. for example my contract value is 100 Crore , during execution it may increase or decrease. either 90 Crore or 110 Crore. 1% will be calculated on actuals or original contract value?
2. CESS says 1% of construction cost. My contract value includes material, machineries and my profit also. How to find the construction cost? or we have to pay the 1% flat
3. Is CESS is applicable for the settlement is made due to idle or delay in project
4. Is CESS is applicable for any other works / supplies done which does not involve labour works
5. Is CESS payable after the payment receipt from Customer/ principle employer
Thanking you
Arivu
From India
We are registered BOCW act, Punjab. We are paying regularly @1%. Some clarification required
1. CESS to be paid against my Contract Value? incase my execution will be more or less than my contract value. for example my contract value is 100 Crore , during execution it may increase or decrease. either 90 Crore or 110 Crore. 1% will be calculated on actuals or original contract value?
2. CESS says 1% of construction cost. My contract value includes material, machineries and my profit also. How to find the construction cost? or we have to pay the 1% flat
3. Is CESS is applicable for the settlement is made due to idle or delay in project
4. Is CESS is applicable for any other works / supplies done which does not involve labour works
5. Is CESS payable after the payment receipt from Customer/ principle employer
Thanking you
Arivu
From India
Dear Arivu
Now whatever you pay the BOCWW Cess the authorities will accept and on completion of the project, the authorities will inspect your project and evaluate the cost of the construction and accordingly they may or may not ask you to pay more BOCWW Cess.
From India, Kumbakonam
Now whatever you pay the BOCWW Cess the authorities will accept and on completion of the project, the authorities will inspect your project and evaluate the cost of the construction and accordingly they may or may not ask you to pay more BOCWW Cess.
From India, Kumbakonam
Mr. Bhaskar, You have not mentioned about registration certificate procedure & Beneficiary registration, forms & returns under BOCW act in PPT. can you please edit that compliances also.
From India, Mumbai
From India, Mumbai
PLease clear my doubt,
We are private construction company got a project wherin we are employing Buildind workers as we are constructing building and covered under as . we got project through CPM RVNL PSU they are our employer .
Now for getting BOCW registration certificate who will be Establishment RVNL or our firm .
We are private construction company got a project wherin we are employing Buildind workers as we are constructing building and covered under as . we got project through CPM RVNL PSU they are our employer .
Now for getting BOCW registration certificate who will be Establishment RVNL or our firm .
Dear ALL,
Pls clear my doubts whether the principle employer should apply for BOCW Act if the principle employer is already registered under the Factory Act and want to do the expansion Construction work in premises where the factory is already running
From India, Delhi
Pls clear my doubts whether the principle employer should apply for BOCW Act if the principle employer is already registered under the Factory Act and want to do the expansion Construction work in premises where the factory is already running
From India, Delhi
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TN Building Workers Act, 2006.pdf
4.THE BUILDING AND OTHER CONSTRUCTION WORKERS' WELFARE CESS ACT, 1996.doc