Boss2966
Industrial Relations
Korgaonkar K A
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Hi Everybody, I want to know that if BOCW Act 1996 is already implemented in any construction site and labour welfare cess is being deposited, then is it necessary to implement Labour Welfare Fund Act 1982 also, and deposit the welfare fund.
Dear Suraj Prakash
Both are different acts. You have to follow both the acts. BOCW Welfare Cess is remitted to the Factories Inspectorate and the Labour Welfare Fund Cess is remitted to the Labour Commissionerate. BOCW welfare facilities are available only those who have become the beneficiaries. But the LWF can be claimed without any hurdle and only the construction site authorities has to certify about the employment of the worker.

Dear Bhaskar ji,
With due respect to you Sir, I would like to correct you as under:
Authority under both the enactments may vary from State to State. In some States, the authority under BOCW is Labour Commissionarate. LWF is managed by a separate board under Labour Department which is not under Labour Commissionarate, to my knowledge.
BOCW welfare facilities are available to construction workers who are beneficiaries under the Act.
LWF is applicable to all the industries including Construction. For welfare facilities under BOCW, the construction site authorities certification is required.

Dear Keshav Sir, Do you have any source for this information that both these will be applicable to construction workers you could share with me? It will be very helpful Thanks, Bhagyashree
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