Boss2966
Industrial Relations
Papillon
Service
IJL
Advocate / Legal Advisor
+2 Others

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kindly let me know if the definition building or other construction work include the plant, machineries and equipments erected in the factory or merely the construction of the building
From United States, Chicago
All the activities carried out in the construction premises are covered under BOCW Act and if the erection activities carried out in a running plant or factory is not covered under BOCW Act.
From India, Kumbakonam
The construction work of our company was started as early as in 2007 and the production commenced in March 2009. The concerned Labour Officer claims that the cess is liable to be paid not only on the construction of the various structures but also on the plant and machinery erected thereof. Please send advice as to whether the cess is liable to be paid only on the actual constructions carried out in the premises or it is inclusive of the plant and machinery and other equipments installed erected.
From United States, Chicago
As a matter of fact the Factory Inspector himself is the BOCW Inspector in almost all the states. Hence this type of problems are arising. If you construct in the Existing factory premises, then the principal employer has to obtain the permission from the Factory Inspector, hence the same inspector will function as BOCW Inspector too and instruct you to pay the BOCWW Cess in advance before commencement of the construction within the factory premises.
In your case you have to pay the cess as per your Work Order. If the work order comprises the installation of Plant and machineries and equipments then obviously you must pay for the same and claim from the Principal Employer.

From India, Kumbakonam
Kindly refer me to the judgements either from the High Courts or from the Supreme Court with reference to Section 2(d) of BOCW Act which deals with the definition "Building or other construction". My main requirement is if this definition includes the plant & machinery and equipment installed and erected in the new factory.
From United States, Chicago
hi friends, Kindly clarify whether plant and machinery ids included in the construction cost as per BOCW Act or not... It’s urgent
From India, Shimla
The work order would be for the erection of the plant and machinary. It will be in the contract. e.g. If i construct a building and install a machine imported , I cannot include the cost of imported machinery. I need to calculate cess only on the work done. The work done would be the bills submitted by the contractor . Only on that amount cess would be calculated.
From India, Mumbai
Dear Sirs,
What is the correct defination 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 we are paying 1% to Nagar Palika after that do we need to Pay 1% CESS under BOCW Act ?
3. 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?
4. Do we need to pay the CESS under BOCW Act on new building Electrical Wiring, Air Conditioners, Lights, and Furniture etc...?
5. Do we need to pay CESS under BOCW Act on Machinary Installed for production in the same premises?
Please help on urgent basis.
Thanks ,
Piyush

From India, Bhopal
Dear Piyush
Please see the reply on https://www.citehr.com/323969-bocw-act-rules-pg4.html thread. Further you are advised not to post the same query repeatedly, instead you can send the question to our memberrs.

From India, Kumbakonam
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