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gaurav.mehta9211@gmail.com
12

Dear All,
I need your valuable advice, I m working in pharma company . In our company some construction working is going on. One day factory inspector came in our company and demanded for RC under Building and Other Construction Workers .
Plz where i can take RC and what kind of document are required for RC, give me all details, what kind of liability of employer under Building and Other Construction Workers
Warms Regards
Gaurav Mehta

From India
gaurav.mehta9211@gmail.com
12

Dear All, Please i m still waiting for your valuable advice . i take RC from labour inspector , plz hary up Warm Regards Gaurav Mehta
From India
gaurav.mehta9211@gmail.com
12

Dear All Still i don’t get any response, I need your advice on urgent due to highly pressure , i faced from my boos and management also. Warm Regards Gaurav Mehta
From India
stephen_7
147

You have to apply for RC at the inspector of factories. Approach the inspector of factories in your respective region and fill up form 1 with applicable fees and you will get the RC in a month.
From India, Chennai
pon1965
604

If your Construction cost exceeds 10 L, you have to register with BOCW and remit 1% of construction cost towards labour cess.
From India, Lucknow
gaurav.mehta9211@gmail.com
12

Dear Sir,
We need to fill only form no 1 along with fees, Other any supportive document no required for RC , means other any information don,t need send to factory inspector . Sir also send me form no attached file
Warm Regards
Gaurav Mehta

From India
SOUBHIK KUMAR GHOSH
161

Dear Gaurav Mehta
Greetings of the day !!!
Your company is doing the construction job, or you have hired a contractor to do the same.
If you have hired a contractor, then ask him to get registered under BOCW Act. Ask him also to pay the CESS amount, i.e. 1% of Construction Cost.
Otherwise you have to apply for RC under BOCW Act.
If your company is registered under Factories Act, you are no way required to take RC under BOCW Act. Where Factories Act are In force, BOCW Act will not come into force. Either you have to cover under Factories Act or BOCW Act.
Regards

From India, Kolkata
gaurav.mehta9211@gmail.com
12

Dear Sir
If it in existing factory, BOCW Act is not applicable to any of the activities in factory premises. If it is in factory under construction, BOCW Act is applicable to entire work site including your supply and erection work. The Principal Employer and all the contractors under him employing 10 and more persons need to apply and obtain RC under the BOCW Act. Each beneficiary (in service more than 90 days) is required to be registered with Board under BOCW Act.
Warm Regards
Gaurav

From India
rdsyadav
142

Dear colleagues,

I wish to clarify issue bit more in light of above posts of Mr Ghosh and Mr Mehta . Legally, yes ,contractor has to obtain RC and pay@1% cess on new construction values if its Rs.10 lacs or more.This means that construction activities on extension of old or up gradation of previous jobs if done then cess is not applicable.In case contractor is liable but not paid cess if taken payment from company, then company is bound to pay to the authority while company can claim this with administrative costs from the contractor. In one of my client company, boiler plus chimney installation work was charged on full bill amount by ALC. Bill was without bifurcation of materials, labour costs and other incidental expenses . The activities were - jobs like designing ,fabrication of steel chimney , rent paid for crane for 23 days and fooding and transportation of men, materials and last was Cement, bricks, steel, concrete and sand plus meson and labour cost for exact work of plastering and erecting chimney . The said contractor had also done part jobs of construction, repair and wooden works of our GET hostel building and total cost was coming around Rs. 30 lacs. ALC was demanding ON full bill amount the construction cess but we replied and enclosed cess payment cheque on Rs. 6 Lacs . We replied that actual construction cost was Rs.6 lacs while bifurcation was also given and hostel work was shown as repair activitiesand claiked as exempted from cess applicability .ALC agreed to our stand. It is advisable that while construction activities are given to contractor then proper definition of activities will be supporting a lot with its meaning and you can easily reproduce things as a normal practice in case it is explainable from its begining through records.

Regds,

RDS YADAV

LABOUR LAW ADVISER

DIRECTOR-FUTURE INSTT. OF MANAGEMENT AND TECHNOLOGY

From India, Delhi
pramodthakar
34

Dear RDS Yadav,
Thanks for your valuable sharing. I would like to know the one more point in the case of of Promoters and Builders. They are not registered under Factories Act.
Now a days in Maharashtra, at the time of Plan passing 1% cess is required to pay to Local authority like Municipal Corporation / Collectorate.
Under the circumstances what is the exact procedure for registration under BOCW.
Kindly share your views and exact procedure for Builders and Promoters.
Warm Regards,
Pramod Thakar

From India, Pune
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