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We are doing plumbing work in New Delhi.Our Employer is registered with BOCW and paying labour cess.But there labour consultant is saying that we have to get registered in BOCW but our consultant is saying as the employer is registered with bocw there is no requirement of contractor to get this registered for the same site as the principal employer is already registered and paying the cess.Kindly advise if we both require to register.
From India, New Delhi
Dear Vishal Bosamiyaji,
It seems to me that the labour cess being deducted from the bill towards carrying out repairs and maintenance work of water tank / truck is not under BOCW Act. It may be a local cess i.e. cess collected by local body .
I came across such cess being collected by local bodies and called it as labour cess.
You need the find out from the party who is deducting such cess. You will get correct picture only from the party collecting it.
The labour cess which we are discussing in current thread is under BOCW Act which is applicable to construction sites and not otherwise.

From India, Mumbai
Dear Soubhikji,
In my view, the activity of land leveling prior to actual construction activity will not fall under the scope of BOCW Act and no cess is payable on this work.
However, if you start the work of land leveling after obtaining IOD or similar permission to construct a building from respective authority, your such work of land leveling may fall under the scope of BOCW Act and you will be liable to pay cess in case you take the cost of such work of land leveling in total project value.
It all depends upon how you take it or interpret it.

From India, Mumbai
Dear Ncech17r,
Registration under BOCW Act and payment of Cess under the said Act are two different things.
Cess is payable on total project cost and not on registration. In any construction project, cess is even paid on the work by a contractor who has less than 10 construction workers having no registration under BOCW Act.
Your query on registration by contractors is addressed in below given link:
<link no longer exists - removed>

From India, Mumbai
Dear Mr.Korgaonkar, Thanks for your reply.But my question wad different.If the PE is registered in BOCW for a construction site is registration for the same site is needed by the contractor for BOCW.
From India, New Delhi
Dear Ncech17r,
Have gone through the link given in my post above?
In the said link if you read my post, I am sure you will not have any further question in this regards. My answer is very elaborated.
Still if you have a question, you are advised to consult any expert in the subject.

From India, Mumbai
Dear Sir
I have some doubt, we have received contract for construction of Commercial Building including new construction work & finishing work (i.e. Fire Work, HVAC Work, ELV, Lift, Painting, Furniture and all work after construction of a building)
my query is whether cess amount would be payable on construction part or construction and finishing part i.e. total workorder value.

From India, Vadodara
Dear Paras Parmar ji,
Cess is payable on entire construction cost excluding land cost and amount of compensation paid under WC Act.
The construction cost starts from approval of IOD till completion of construction whatever you incur inclusive of Fire Work, HVAC Work, ELV, Lift, Painting, Furniture etc. In some States, it is told to me, the cost of plant and machinery to be used in the process in the proposed factory is considered not as construction cost.
Fire Work, HVAC Work, ELV, Lift, Painting, Furniture etc. before obtaining certificate of completion of construction is construction work undoubtedly and cess is payable on it.

From India, Mumbai
Sir, I want to know the workmen compensation act, in this case for a construction site when and how to register in this act and what are the benefits. Pls clarify Rajiv Singh
From India, New Delhi
Dear Rajiv Pratap
Whenever you start a new discussion, kindly start a new thread with suitable heading. If you are asking question in irrelevant thread, it will be unnoticed and you will not get the proper answer.
Nowadays the Construction industries are also covered under ESI Act. But if the construction site is located in non coverage area, then you can go with Employees Compensation Act.
There is no registration required under this act. You must obtain the Group Accident policy for the workers engaged by your establishment. You can contact any Insurance adviser to obtain the Group Personal Accident Policy,

From India, Kumbakonam

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