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Thread Started by #boss2966

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 can be made in future.
7th March 2011 From India, Kumbakonam

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Dear Mr.Bhaskar
No words to say.. Really Fantastic and easily understandable..In Exemption wherever factories act and Mines act under use this BOCW act is not applicable is it right?
Thank you for Posting
Regards
varsha
7th March 2011 From India, Coimbatore
Thank you Varsha for your Valuable comments
In case the construction work is being carried out inside the premises of Factories or mine campus then there will only be Factories Act and Mines Act applicable and we need not to maintain the BOCW Act, as the same is being covered by the ibid act.
BOCW Act carries some technical aspects. As that is covered in Factories act and Mines Act, it is considered not required to be maintained. (Only form Nos. are being changed otherwise all are same).
7th March 2011 From India, Kumbakonam
Dear Bhaskar An excellent prersentation covering all the key points. My special appreciation to you. Regards AVS
7th March 2011 From India, Madras
You are welcome Mr. Kannan. You can check my earlier thread also on Industrial Relations and Dispute too.
7th March 2011 From India, Kumbakonam
Dear All,
I am in doubt over Factory & BOCW Acts. Can any one help me to clear my doubts on the followings:-
1. Whether Factory & BOCW Act will applicable in the expansion project of a running factory?
2.For any alteration or modification of a running factory (covered under Factory Act) needs the approval of Chief Inspector of Factories of the respective states. But in the approval it self it has noted that before construction CESS must be deposited under CESS ACT 1996. I am not able to understand the meaning & whether any Cess Act 1996 is there?
3. Prior to Oct'10 our factory (NFL) was under State Authority. None of the authorities were asking for BOCW cess. From Oct'10 our factory covered has under Central Govt. Now the state labour authorities asking for compliance of BOCW Act. Kindly express your expert opinion to tackle the issue.
Thanking you all in advance.
T/R
lenka
8th March 2011 From India, Panipat
Dear Lenka

In which state your factory located.

You consult your factories inspector as well as Labour Commissioner about this doubt.

Because Once Factories Act is implemented there the BOCW act will get ceased. Once the Factory fencing is made excluding the expansion project then Factories Act is not applicable and only BOCW will be applicable to that expansion project.

But the construction area falls within the factory premises then BOCW Act cannot be applicable and only Factories Act will be applicable.

That's the reason Factories Inspector is given instruction for remitting the Cess as per the contract value in initial stage itself.

Eventhough you make payment it will be reimbursed by your principal employer. So you can pay the same after taking the concurrence from your client (for reimbursement purpose).

Now for this construction work you must apply to Central labour Office and not state Labour Office. Please check and apply for licence.

Hope I have cleared your doubts

All the best
8th March 2011 From India, Kumbakonam
Dear Mr. Bhaskar,
Very impressive & nice presentation! Keep adding value!
However, the exception clause covers the following.
"The exception made is only in respect of residential houses for own purpose constructed with a cost not exceeding Rs. 10 lakh and such other activities to which the provisions of Factories Act, 1948 and Mines Act, 1952 apply."
Your views pl.
Thanks,
Gopal
8th March 2011 From India, Jaipur
Thank you Mr. Gopal for your Valuable comments.
If the construction activities carried out inside the Factories and Mines Premises then the BOCW Act will not be applicable and for Residential Houses for Own purpose where the cost of construction is less than Rs.10,00,000/- also having the exemption to get covered in BOCW Act.
9th March 2011 From India, Kumbakonam
Thank you very much Dear Bhaskar. It is really a master piece. With your permission I wish to use this ppt. Up till now I have given talks / lectures on this subject. But now I wish to give presentations with this tool given by you. Kindly permit. It's your creature. Thanks again.
keshav korgaonkar
http://www.shantadurgaent.com,Welcome To Shantadurga Enterprises
Cell: +91 9967516383
9th March 2011 From India, Mumbai
Dear Mr. Keshav
Once it came in open forum means it is not mine. Now it is the property of CiteHR and we are the members of CiteHR. So it becomes ours. Hence you are having full right to use it for your talks and lectures.
While preparing any subject we must think the society and we have to give the best to our society we we learn and live.
You can make use of Industrial Relations and Disputes presentation too for your use.
10th March 2011 From India, Kumbakonam
Dear All,

Given below press clipping on Supreme Court concern over non-implementation of construction workers law, forwarded for your information.

Thanks with regards.

Keshav Korgaonkar
http://www.shantadurgaent.com,Welcome To Shantadurga Enterprises
Cell: +91 99675 16383

Clipping as under:

The Supreme Court on Monday the 28th February 2011 expressed its concern over non-implementation of law regulating employment of construction workers and indicated it might ask the chief Secretaries of states and Union Terroteries, which have failed to implement the law, to be personally present before it.

A bench headed by Chief Justice S H Kapadia asked the Centre "why it cannot take action against the erring states" over the non-implementation of 1996 law.

"The Centre is not able to do anything. Are you helpless? You are not taking action," the bench, also comprising justices K S Radhakrishnan and Swatanter Kumar, said.

The court said it would pass the order in which it would ask Chief Secretary or the Labour Secretary to be present before it for their failure to implement 15-year old law.

The court was hearing a PIL seeking direction to the governments to implement the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.

The petition was filed by an NGO, National Campaign Committee for Construction Labour, which alleged that many states including Maharastra, Goa, Nagaland and Chandigadh have failed to implement the law meant to regulate unorganised construction worker.

The Act says the appropriate government has to appoint registering officers and every employer shall register their establishment. Under the law, the building workers are to be given various benefits and in order to enable the workers to avail the benefits, each State has to constitute a State Welfare Board.

The Board shall comprise a chairman nominated by the central government, and such other members, not exceeding 15, may be appointed by the State government. The apex court was anguished that the Centre, which was authorised under the law to issue directions to State governments for setting up of welfare boards, did not exercise its power, which created a roadblock for disbursal of the cess collected for the benefits of workers.

During the earlier hearings, the court had pointed out that even the preliminary step for ensuring that boards are constituted by States have not been taken by the Centre as provided under section 60 of the Act (Building and other Construction Workers Act).
23rd March 2011 From India, Mumbai
Dear Keshav
Thank you for your useful news.
Some states have implemented the act but they are unable to streamline the system as to how to implement the collecting the BOCW Welfare Cess and Procedure for issue of Construction Workers Identity Card (Including Gujarat). What are the charges to be charged from the construction workers?, Whom should be made responsible for issue of I Card to Construction Workers. Who will be instructed to check the correctness of the details issued by the construction workers. Renewal procedure after expiry of one year of issue of card.
So many question and no answers in the minds of some state government.
We must congratulate Andhra Pradesh that they have clearly made rules and implemented the policies and entrusted the ALOs of respective areas as Issuing Authority for Construction Workers I Card and Renewal procedure for I card.
Thank you Mr.Keshav for your information
30th March 2011 From India, Kumbakonam
Dear Mr. Bhaskar,
Thanks a lot for your valuable suggestion. Our Factory (NFL) falls in the state of Punjab. Our project site has already there in the Plot Plan and within the boundary of the factory premises and also marked as 'SITE FOR EXPANSION'. Since we have an EPC contract, it is very difficult to get refund the deposited amount.
Hence seek expert advise.
Thanks & regards.
Lenka
13th April 2011 From India, Panipat
Dear Nagida
Thanks for your valuable comments.
Please check the Section 28 & 29 of BOCW Act 1996. Further you can view this https://www.citehr.com/344521-buildi...lrker-law.html thread for indepth knowledge on BOCW Act and other Acts involved in Construction Industries.
21st June 2011 From India, Kumbakonam
Dear All, I wish to know what is the difference between rules and an ACT.. and what are the various forms under BOCW... can anybody guide me please
24th June 2011 From India, Bangalore
Dear Friends
Please check the link Govt. of India, Ministry of Labour & Employment which may help you to get some idea about the forms under BOCW Rules, The Form Nos will change from State to State, but the format will be same.
For correctness of the Form Nos and Formats Please refer your concerned state, BOCW Rules.
27th June 2011 From India, Kumbakonam
please tell me any bca student whaich have 1 year diploma in fire & safety having 1 year experience that is not able to safety officer
8th July 2011 From India, Gurgaon
Dear Mr. Khatishekhar23 Please post your question or querry in a separate thread so that, it can be viewed by all and by that you can get good response. All the best
8th July 2011 From India, Kumbakonam
Dear Ashish Damle
Please go through https://www.citehr.com/344521-buildi...lrker-law.html thread also, so that you can have complete idea about BOCW and other construction acts.
28th September 2011 From India, Kumbakonam
We have a factory in Andhra Pradesh. Currently, we're building a Distribution Centre just outisde our factory premises. Would the BOCW Act be allplicable here. If yes, what is my responsibility as a Principal Employer?
So far, we have not been paying any welfare cess and have not faced any trouble so far although construction of the bulding is almost over now and the installation of machines has begun.
7th August 2012 From India
If the Distribution Centre land is not registered as a part and parcel of the Factory premises, then obviously you must register yourself as Principal Employer under BOCW Act and your Contractors are also get registered. But if the land is also covered and registered as the Factory Premises, then you need not to register under BOCW Act, but you have to take approval from Inspector of Factories for carrying out construction activities.
While sanctioning the approval for construction in the factories premises the Inspector of Factories will give a notice to you (PE) for payment of 1 % cost of contract work as BOCWW Cess. On payment of the same only the approval will be sanctioned.
However you can confirm from your area Inspector of factories office for practicing details.
8th August 2012 From India, Kumbakonam
Dear paradoxical123,
What I understand that you are building a distribution center out side your factory premises. This means you are in construction activity and that construction activity is not in your factory premises including precincts (boundaries) of it.
Provisions of BOCW Act certainly attracts to your construction activity.
Thanks and regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
8th August 2012 From India, Mumbai
Dear Sir, It is observed that you have not captioned the real benefit and eligibility of the employees Regards, Anil Nair
19th October 2012 From India, Mumbai
Dear Anil
The Benefits and eligibility are differing from state to state. I have only given some outline on the Central Act.
YOu can check your state's BOCW Rules for clear details regarding beneficiaries and cess details.
19th October 2012 From India, Kumbakonam
Dear Anil ji,
Please find an advertisement by Maharashtra BOCW Welfare Board listing out the welfare schemes for information of you and other members.
It need not to mention that the schemes which are listed out here are applicable in Maharashtra only.
Thanks and regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
22nd October 2012 From India, Mumbai

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Dear Bhaskar ji, Your PPT is very excellent one, some more information is collected which is attached for all our friends, Please go through. Regards, PBS KUMAR
12th November 2012 From India, Kakinada

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#Anonymous
Dear Members,
Once a person joined an Organisation and become a member of PF and he left that job and withdrawn the pf accumulation. After that he joined another organisation where he is drawing salary more than Rs 6500/- and he is not willing for PF contribution. As per the rule whether he is eligible to become a member or not.Please give the suggestion as per the PF rule only
Regards,
Anilkumar Nair
20th December 2012 From India, Mumbai
Dear Anilkumar ji,
You have posted your query in wrong thread. The current thread is on BOCW Act and rules and your query is on PF.
You are requested to go thru’ the thread to get answer to your query at https://www.citehr.com/361322-pf-ded...-new-post.html
20th December 2012 From India, Mumbai
The Safety Officer must have the qualification of any Engineering Degree/Diploma. Please refer Section 38 of BOCW Act.
24th January 2013 From India, Kumbakonam
Dear Bhaskar Sir,
Please help me on below queries as no one is giving reply on them:
What is the correct definition of Building (Under this Act) and weather we need to pay CESS on Machine installed in building for production?
1. If the Factory has been constructed between 2002 - 2007 do we need to pay CESS on this construction ?
2. If a new construction is going on in our Factory and all employees are covered under EPF and ESIC, do we have to pay CESS in such Conditions?
3. Do we need to pay the CESS under BOCW Act on new building Electrical Wiring, Air Conditioners, Lights, and Furniture etc...?
4. Do we need to pay CESS under BOCW Act on Machinery Installed for production in the same premises?
Please help on urgent basis.
Looking forward for your prompt response on the above matter
1st March 2013 From India, Bhopal
What is the correct definition of Building (Under this Act) and whether we need to pay CESS on Machine installed in building for production?

Any Construction activities being carried out must be covered under BOCW Act, which includes erection, installation, fabrication and other related activities.

1. If the Factory has been constructed between 2002 - 2007 do we need to pay CESS on this construction ?

What is the contention of your Factory Inspector? If he is insisting for the same, you can understand that he is expecting something from you. Please discuss with him and clear the issue.

2. If a new construction is going on in our Factory and all employees are covered under EPF and ESIC, do we have to pay CESS in such Conditions?

If the construction activities is being carried out within the factory campus, then obviously you must obtain the permission from Factories Inspector before commencement. After his approval only you can go ahead with construction. Before approving the same he will instruct your office to remit the BOCWW Cess. On payment of the cess only he will give approval for construction activities in the factory premises.

3. Do we need to pay the CESS under BOCW Act on new building Electrical Wiring, Air Conditioners, Lights, and Furniture etc...?

The cess will be calculated on the Contract Value and not on parts. But you can discuss with your Factory Inspector and ask for exemption from paying the same for the Fixtures and Furnitures by providing the BOQ for your works contract.

4. Do we need to pay CESS under BOCW Act on Machinery Installed for production in the same premises?

For Installation charges you need to pay but not on the cost of machinery.

Hope your doubts are cleared. Please do not argue with the Factory Inspector in Rules and other law matters. Whatever issues please discuss with your Factory Inspector and clear it amicably.

Looking forward for your prompt response on the above matter[/QUOTE]
1st March 2013 From India, Kumbakonam
Dear Bhaskar Sir,
As per your presentation The Industry where Factory Act - 1948 applies, and a new construction MAPS are approved by the Director Industrial Health and saftey Office, Company need not to pay CESS ??
Where as in Madhya Pradesh we are forced to deposit CESS by Government, what shall be our reaction on this?
2nd March 2013 From India, Bhopal
Thank you Bhaskar Sir,
You are right..
Our Building construction Cost including Furniture & Fixtures is approx 3.75crore and our Machine installation and Machine cost is around 42500000, and on the basis of Building & other Cost We have already deposited Rs.400000 as part of 1% CESS. Still the Labor Officer who is also secretary of BOCW Act says we need to deposit the CESS on INSTALLED Machines , More or less he is also in the process of doing assessment of Factory and saying we have to pay CESS on Installed Machine and on installation of Machine.
What shall we do ?
2nd March 2013 From India, Bhopal
Dear Piyush ji, I read your query. I wish to give a reply, some inputs and guidance. Give me time till Monday. Today Morning only I am back in my home town Mumbai. Need rest today and tomorrow.
2nd March 2013 From India, Mumbai
Hi Friends,
I almost go through the above discussion; it is very impressive & useful,
But still I am not getting the clarity that which employer( principal ,or contractor / third party)should to maintain register & how they can draw the BOCW Act,
As we have our head office at different location & the construction / site is going on at different location ,we have two / three contractors under which the workers are doing the work & 15 to 16 employees whose are working in our company payroll,
So to whom it is applicable & how we can draw it? , if we are complying with ESIC & PF , then still it is important or what?
2nd March 2013 From India, Pune
Dear Piyush ji,
In the mean time, you are requested to go through the attached Judgment of Orissa H.C. on factory under construction and also of MP H.C. on cess on total cost.
The judgment of MP H.C. on cess on total cost is uploaded by me in one of the earlier postings.
2nd March 2013 From India, Mumbai

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File Type: pdf BOCW_LLR1193 NOV2012_GVPR VS MP HC.pdf (93.9 KB, 203 views)

Dear Piyush ji,

Your query made me restless and therefore compelled me to reply today itself.

My point wise reply to your query, in my view, is as under:

Point No. 1 : If the Factory has been constructed between 2002 - 2007 do we need to pay cess on this construction?

My Reply : If the Factory has been constructed between 2002-2007 and the trial production is taken, say, first time in 2008, you are liable to pay cess under the BOCW Act from 2002-2007. I repeat, you are liable to pay cess for the period prior to you start your production or manufacturing process first time.



Point No. 2 : If a new construction is going on in existing Factory and all employees are covered under EPF and ESIC, do we have to pay cess in such Conditions?

My Reply : You are not liable to pay cess.

Point No. 3 : Do you need to pay the cess under BOCW Act on new building Electrical Wiring, Air Conditioners, Lights, and Furniture etc...?

My Reply : Yes.

Point No. 4 : Do you need to pay cess under BOCW Act on Machinery Installed for production in the same premises?

My Reply : Yes.

I have given you the judgment of MP H.C. on cess on total cost. I suppose you are from Bhopal, MP. Still I feel, you can take a call whether to pay cess or not, on Electrical Wiring, Air Conditioners, Lights, Furniture, Machinery installed etc.

I came across an opinion given by one of the former Chief Justice of India on this subject. This opinion is confidential and privileged to the members of one of the Manufacturing Association.

Secondly, If the authority is demanding cess from you on new construction within the existing factory, you are advised to write a letter the authority. I faced similar issue in Mandi Deep, MP in 2004-5. For your ready reference, I am giving you a draft letter as under:

------------------------------------------------------------------------------------------------------------------------------------------------------------

To,

………………………………..

………………………………...

Dear Sir,

Our construction work in the existing factory premises

viz. ………………………….. at ………………………..

This has reference to your demand for Cess under BOCW Act for above construction work.

We wish to draw your kind attention as under:

1. Our construction work as stated above is within the premises and precints of existing factory under the Factory Act 1948. And hence the said construction work does not include in the definition of “building or other construction work” as defined in section 2 (1) d of the BOCW Act 1996.

2. Since our construction work does not include in the definition of “building or other construction work” as defined in section 2 (1) d of the BOCW Act 1996, the provisions of BOCW Act 1996 are not applicable to this construction work and we are not liable to pay cess under this Act.

We further wish to draw your kind attention as under:

1. The said construction work is included in our Factory registration as well in Factory Licence.

2. The manpower engaged for the said construction work is also included in the Factory Licence and Licence fee is also paid by us accordingly.

3. And hence the said construction work is a part and parcel of existing factory.

Under the circumstances we request you to kindly cancel the demand of cess from us.



------------------------------------------------------------------------------------------------------------------------------------------------------------

All the best to you.
2nd March 2013 From India, Mumbai
kindly clarify under bowc cess applicable for factory building (expansion) constructions or not ? varao pro
4th March 2013 From United States, Cambridge
Dear varao ji. Your query is replied as under: I hope you are satisfied with this.
4th March 2013 From India, Mumbai
Dear bhaskar Firstly,i must glad to your presentation and no doubt this will clear all the doubts in the BOCW Act concerned Thank you very much Yellamraju
12th August 2013 From India, Hyderabad
Dear Bhaskar ji, Thank u very much for appreciating my above post dated 2nd March 2013. Atleast there is some1 who acknowledged my effort on that day.
12th August 2013 From India, Mumbai
Dear Mr. Keshav
Always our efforts are viewed by many people and they bring in to the usage also. But they are not acknowledging for the same.
Hence I request you not to leave your heart with such feelings. Please give your fullest effort in guiding the members.
13th August 2013 From India, Kumbakonam
Dear friends,
The content posted are really very informative and knowledgeable.
Presently i am doing my M.E in construction management.
The topic for my project is "SAFETY".
We are planning to compile a Safety HANDBOOK for the various construction sites under the guidelines of BOCW act.
it will be very helpful for me to work and do research on the above topic if you all suggest me some key areas where research or analysis needs to be done so that i can contribute in the industry.
You all can also update me with any Safety handbook already customized for reference,if available..
thanks and regards,
Suraj T

4th January 2015 From India, Mumbai
Dear All, Please share permissible working under BOCW act. Also share overtime hrs for day,Monthly & Quarterly. Regards, Murthy K M
31st March 2015 From India
hi, Is there mandatory procedure to take BOCW License for house keeping contractor. kindly suggest as we need to compile to one of our principal employer.
28th April 2015 From India, Mumbai
Dear Manish
As a matter of fact under BOCW you can do only registration and there is no licensing procedure available. If your contract work is carried out in the establishment where the construction activities are going on, then you need to obtain the registration. But if you engage your House Keeping team in completed project, you need not to obtain the same under BOCW Act..
29th April 2015 From India, Kumbakonam
Registration of the contract is the basic responsibility of Employer or the contractor. Does it apply to all types of construction Regards VGSubramanian
6th August 2015 From India, Chennai
Sir I am associated we with one of the construction company. It is the vendor of telecom companies like reliance and airtel.We are into optical fibre network i. e. underground work at public place through HDD machine.
Sir my queries is which acts are applicable to this type of work.like BOCW act,labour act,factory act,shop and establishment act.plz sir guide me ASAP.
Regards
Pari

5th March 2016 From India, Siuri
Dear Bhaskar,
Your attempt as well as the Presentaion are highly commendable. The follow-up queries and further inputs by other learned members have really enriched the discussion. For the sake of clarity, can you pl throw some light on the simultaneous application of the BOCW Act and the Contract Labour(R&A) Act to Contractors' esatablishments engaged in various types of construction works?
5th March 2016 From India, Salem

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