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Applicability of bocw act to construction work in the factory premisesThere have been differences of opinion about the applicability of the building and other constriction workers regulation of employment and conditions of service act 1996 to such operations or civil constructions carried out within a factory premises which is part of the factory covered under factories act. this is mainly due to the lack of clarity in the definition of construction work as given in section 2d of the bocw act which excludes building and construction work to which the provisions of the factories act and mines act will apply. obviously when a construction work is carried out within the factory premises it is natural that the employer will take it for granted and say that they are under the coverage of factories and therefore no cess is payable as per the bocw act. however it should be understood that factory licence is given to work connected with manufacturing activities and for a factory which is meant for manufacture of say cement it is for the manufacturing of cement that the licence is issued. similarly the factories act provides for health welfare and safety of workers employed in the factory and these workers are the workers employed for manufacturing and not those who are employed for construction of building. therefore such construction activities will come under the purview of bocw act and cess as per welfare fund act should be paid. the supreme court verdict is attached for reference. Building & other construction work act 1996.Hi all any body help me about building & other construction work act 1996. i was in manufacturing company & i am new in this type organisation our project had been completed as villas in end of 2007 .now we are in the process of handing over the vilas to its owners. one day asst. director safety & health visited our project & was asking about registration under building & other construction work act 1996 and collection of cess i.e 1 under building & other construction work act 1996 we have been deposited rs. 5000/ as registration fees in and informed to conserned deptt. we agreed to deposit cess. since our project is completed now we have no more worker in our project. now advice me it is necessery for us to deposit 85/ per workers as worker beneficiaries all worker who was with us or with contractors while not a single worker with us from dec2007. our project started in 2004 and completed in 2007 with regards ajay sharma 09810989812 Building and other construction workers (re & cs) act 1996Dear friends are act 1996 and building and other construction workers welfare cess act also applicable on the building and construction work which are covered under the factories act 1948. as per sec. 2d of the act it clearly provides that it dose not include building and other construction work to which the provisions of the factories act 1948 apply but in gurgaon the officials of factories department are insisting to deposit the cess to such type of constructions also before considering the application for occupancy certificate 1. are any new notifications or amendments issued to cover the premises which are presently covered under the factories act ? 2. that can state over ride the provisions of central act ? please suggest. regards sanjiv sharma 9810121619