Understanding BOCW Registration: Who Registers, the Principal Employer or Contractor?

I will appreciate the members to answer my following queries:

1. Who is responsible for registration as per the said act - principal employer or contractor?
2. If the principal employer is registered as per the said act, then is the individual contractor working under him required to register themselves with the concerned authority as per the said act or not?

Please clarify my doubt.

Dear Bhasker,

In my opinion, the BOCW Act is very clear. Refer to Chapter I, Preliminary Sec 1 (4) where it is mentioned that it applies to EVERY ESTABLISHMENT that employs, or had employed, on any day of the preceding twelve months, ten or more building workers in any building or other construction work. Hence, the words "EVERY ESTABLISHMENT" are important.

Furthermore, in the explanation, it is stated that for the purpose of this subsection, the building workers employed in different relays in a day either by the employer or the CONTRACTOR shall be taken into account in computing the number of building workers employed in the establishment. Therefore, it is very clear that the establishment employing the workers is responsible, irrespective of the employer or contractor.

Anil Bhartiya