BOCW Act Registration Confusion: Who's Responsible, Employer or Contractor?

Dear All, Please clarify my following doubts:

1. Who is legally responsible to get registration as per the BOCW Act - the principal employer or the contractor?
2. If the principal employer is already registered with the concerned authority as per the said act for a particular project, is the contractor working under him in the same project also required to do registration or not?

Regards, Bhaskar.

This act is called the Building and Other Construction Workers Act. Under this act, the principal employer is ultimately responsible for all kinds of issues. Anyone can register under this act, whether contractor or principal employer, but the principal employer has to pay a 1% cess to the labor department on the total cost of the project. For example, if the project cost is 100 rupees, they have to pay 1 rupee. The registration also needs to be maintained at the project site, but it is not applicable to factory premises. Additionally, for construction, ESI is not applicable.

Regards

Thank you very much for your valuable reply. Is there any act governing that the BOCW Act is not applicable in Factory Premises and for Construction Sites ESI is not applicable? The same is required to be produced to our client to avoid repetition of multiples of the same work.

Thank you, sir.

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

Simultaneous Application of BOCW and the Factory Act

BOCW and the Factory Act can run simultaneously. For example, if the capacity is increased in an existing factory setup, additional construction is required. Therefore, both the Factory Act and BOCW are applicable. There is an Orissa High Court judgment in the case of State of Orissa vs. Sterlite. Please refer to it.

Regards,

Dear All
Situation is that, in a construction site all the contractors have taken registration under BOCW Act.
If the Principal Employer will take registration under Factories Act , what will be the consequences.
1. All the contractors have to surrender their BOCW , RC
2. CESS won't be paid to the BOCW Authority from the date of Factory License implementation to that site..
Please give solution/suggestions
Regards

Once the factory is started running and production is initiated, then obviously the BOCW Act will not apply, and the Registration Certificate (RC) under the BOCW Act becomes null and void. However, in the operational factory, further construction approval must be obtained from the Factories Inspector. While issuing the approval, the concerned Factory Authorities will instruct the occupier to pay the Building and Other Construction Workers Welfare Cess (BOCWW Cess) before granting approval for additional construction.

Principal employer has to pay the 1% cess to the labor department on the total cost of the project. Whether it is returned or not.