deepak-daine
1

Dear Friends
I am herewith attaching the ppt presentation on Building and Other construction Workers Act, 1996 and Building and Other Construction Workers Rules, 1998 for your ready reference.
Please make your comments without fail so that any improvement canmade in future.

From India, Aundh
deepak-daine
1

Dear Friends
I am herewith attaching the ppt presentation on Building and Other construction Workers Act, 1996 and Building and Other Construction Workers Rules, 1998your ready reference.
Please make your comments without fail so that any improvement can be made in future.

From India, Aundh
Anonymous
Sir, We are a vendor. We take Bocw license.And we have engage some sub vendors.Then it is necessary to take Bocw license by our sub vendors.
From India, Udaipur
saravanakumar balakrishnan
1

Dear all,
Pls go through the seminal case on this subject, which says, additional construction within the factory which registered under the Factories Act, 1948 warrants compliance under the BOCW Act;
Seminal Case
The fact that construction workers are not covered under the Factories Act, 1948, and are therefore entitled to welfare measures under the BOCW Act was put forth in the case of Lanco Anpara Power Ltd. V. State Of Uttar Pradesh & Others dated Oct. 10, 2016.
Facts of the case. The petitioner construction companies were issued various show cause notices for failing to register under the BOCW Act and for payment of tax under the BOCW Act. The validity of these notices were challenged in several writ petitions before various High Courts on the ground that the BOCW Act was not applicable to these factories as they were registered under the Factories Act. The petitioner construction companies, which are engaged in construction activities, argued that once the undertaking or the establishment had obtained a license for registration under the Factories Act, the BOCW Act was not applicable on account of the exclusion under Section 2(1)(d) of the BOCW Act. However, the respondents called for a more beneficial interpretation to the exclusion clause on the ground that the legislation must cater to the benefits of construction workers.
Issue. The issue before the Supreme Court was whether the BOCW Act was applicable to those premises that are registered under the Factories Act, 1948.
Judgment. The Court held that the establishments/premises registered under the Factories Act, 1948, employing construction workers in the construction of factory premises were not excluded from the application of the BOCW Act in terms of the exclusion clause. The Court reasoned that an establishment/premise would become a factory under Section 2 (m) of the Factories Act only when the manufacturing process as defined under Section 2(k) of the Factories Act commenced. Consequently, the provisions of the Factories Act would apply only when the manufacturing process commences, and even upon commencement of the manufacturing activity, it only covered those workers who are engaged in such manufacturing activity under the Factories Act and not construction workers.
Hence, construction activities which are carried out in relation to establishments/registered premises /licensed under the Factories Act, 1948, would not attract the exclusion clause of the BOCW Act by itself. Workers carrying on such activities would be covered under the BOCW Act.
Seniors may guide.
Regards,
Saravanakumar B

From India, undefined
hr@divesolve
Good evening to all !!!!!!! This is HR@Manas from Diversified Energy solutions pvt ltd ,we are currently now on a goverment project and this is regarding the construction of Mines staff Building and it is coming under the Mines premises just side by side . Can anyone kindly guide me what are the registers to be maintained as statutory compliances ???????? I am getting confused as the project is going on left side of the mines project and already the fensing has been done of mines premises so now i need to know from our cite HR members that is our project follow the mines act or BOCW act for fullfillment of statutory compliances!!!!!!!!!!!!! i have alot to discuss Dear members first i need to clarify this then after according to the reply of active members i will be interact with my member.......
From India, Bhubaneswar
Faruk
Does the civil construction made for wall compound renovation, toilet construction in a manufacturing industry which costs above 10 Lakh attracts BOCW cess in Maharashtra as per Law?

Please give legal references for the same.

From India, Kolhapur
manoj-kumar-jana1
What are the catagories of workers covered under the skill, unskill, semi skilled & High skilled workers under civil & mechanical Construction job.
From India
hari-singh1
Hi,
We plan to start a Factory, the Land has been taken under lease from State Govt(Jan 2022).
We have given Civil construction work to a Civil Contractor(Majority of labour is Migrant).
Machines are being installed also. Once Building work completes and machinery is in installed we will go for production and apply for Factory license somewhere near Dec 2023.
Kindly explain the Statutory compliances to be maintained by HR and various check points .
BOCW,CLRA,ISMW whether ESI or Employees Compensation Act will be applicable
Kindly advise.

Reagrds
Hari

From India, Delhi
KK!HR
1530

All these statutes are applicable. If it is a ESI notified area then ESI Act 1948 is applicable otherwise it is EC Act 1923.
From India, Mumbai
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