BOCW Act Registration Confusion: Who Needs to Register, Employer or Contractor?

Dear All,

Please clear my following doubts:

a. Who is responsible to get registered with the concerned authority as per BOCW Act - principal employer or contractor?

b. If the principal employer is already registered as per the said Act, whether individual contractors working under him are also required to get themselves registered as per BOCW Act?

Regards,
Bhaskar

According to the rule, the Principal Employer is responsible for BOCW Registration. However, most subcontractors are obtaining their BOCW registration on their own.

Thanks

Responsibility Under the BOCW Act

The responsibility of registration under the BOCW Act lies with the contractor only, and whatever cess the contractor collects should be reimbursed by the Principal Employer. The subcontractors are not required to register under the BOCW Act or pay the BOCW Cess.

Regards,
S. Bhaskar
[Phone Number Removed For Privacy Reasons]

As per my understanding, the Principal Employer is liable for registration when carrying out building work without engaging contractor(s). However, when contractor(s) are engaged, the contractor is responsible for the registration under the BOCW Act. Additionally, the reimbursement of the CESS Amount will depend on the contract(s) between the parties.

Responsibility for Deduction of BOCW Labour Cess

Who is responsible for the deduction of BOCW Labour Cess?

Amount on Which BOCW Labour Cess is Levied

What is the amount on which BOCW Labour Cess is levied?

Refundability of BOCW Labour Cess

Is the BOCW Labour Cess amount refundable? If yes, under what conditions?

1. The principal employer is already registered as per the BOCW Act and is engaging some contractors under the Contract Labour (R&C) Act. Should these contractors be registered as per the BOCW Act as well?

2. If the employer is the only one registered and not the contractors, how will it affect the employer?