BOCW Act - Building and Other Construction Workers Rules - PPT Download

I am herewith attaching the PowerPoint presentation on the Building and Other Construction Workers Act, 1996, and Building and Other Construction Workers Rules, 1998 for your ready reference. Please make your comments without fail so that any improvements can be made in the future.

Dear Mr. Bhaskar,

No words to say... Really fantastic and easily understandable... In exemptions, wherever the Factories Act and Mines Act are applicable, is this BOCW Act not applicable? Is it right?

Thank you for posting.

Regards,
Varsha

Thank you, Varsha, for your valuable comments.

In case the construction work is being carried out inside the premises of factories or mine campus, then only the Factories Act and Mines Act will be applicable. We need not maintain the BOCW Act, as it is covered by the aforementioned acts.

The BOCW Act includes some technical aspects. Since these aspects are covered in the Factories Act and Mines Act, it is considered unnecessary to maintain them. Only the form numbers are being changed; otherwise, all requirements remain the same.

Dear Bhaskar,

An excellent presentation covering all the key points. My special appreciation to you.

Regards, AVS

You are welcome, Mr. Kannan. You can also check my earlier thread on Industrial Relations and Disputes.

Dear All,

I am in doubt about the Factory & BOCW Acts. Can anyone help me clear my doubts on the following:

1. Will the Factory & BOCW Acts be applicable in the expansion project of a running factory?

2. For any alteration or modification of a running factory (covered under the Factory Act), does it require the approval of the Chief Inspector of Factories of the respective states? The approval notes that before construction, CESS must be deposited under CESS Act 1996. I am unable to understand the meaning and whether there is any Cess Act 1996.

3. Prior to October '10, our factory (NFL) was under State Authority. None of the authorities were asking for BOCW cess. Since October '10, our factory is now under the Central Government. The state labor authorities are now asking for compliance with the BOCW Act. Kindly share your expert opinion on how to tackle this issue.

Thank you all in advance.

T/R
Lenka

Dear Lenka,

In which state is your factory located?

You should consult your factory's inspector as well as the Labour Commissioner about this doubt.

Once the Factories Act is implemented, the BOCW Act will cease. If the factory fencing is constructed, excluding the expansion project, then the Factories Act is not applicable, and only the BOCW Act will apply to the expansion project.

However, if the construction area falls within the factory premises, then the BOCW Act cannot be applicable, and only the Factories Act will apply.

This is the reason the Factories Inspector has instructed to remit the Cess as per the contract value in the initial stage itself.

Even though you make the payment, it will be reimbursed by your principal employer. Therefore, you can pay the same after obtaining concurrence from your client for reimbursement purposes.

For this construction work, you must apply to the Central Labour Office and not the state Labour Office. Please check and apply for the license.

I hope I have clarified your doubts.

All the best.

Dear Mr. Bhaskar,

Very impressive and nice presentation! Keep adding value!

However, the exception clause covers the following:

"The exception made is only in respect of residential houses for own purpose constructed with a cost not exceeding Rs. 10 lakh and such other activities to which the provisions of the Factories Act, 1948, and Mines Act, 1952 apply."

Your views please.

Thanks,
Gopal

Thank you, Mr. Gopal, for your valuable comments.

If construction activities are carried out inside factories and mines premises, then the BOCW Act will not be applicable. For residential houses used for own purposes where the construction cost is less than Rs. 10,00,000/-, there is also an exemption to be covered under the BOCW Act.

Thank you very much, Dear Bhaskar. It is really a masterpiece. With your permission, I wish to use this PowerPoint presentation. Up till now, I have given talks/lectures on this subject. But now I wish to give presentations with this tool provided by you. Kindly permit. It's your creation. Thanks again.

Keshav Korgaonkar
http://www.shantadurgaent.com, Welcome To Shantadurga Enterprises
Cell: +91 9967516383

Dear Mr. Keshav,

Once it came in an open forum, it means it is not mine. Now it is the property of CiteHR, and we are members of CiteHR. So it becomes ours. Hence, you have full rights to use it for your talks and lectures.

While preparing any subject, we must consider society, and we have to give our best to society where we learn and live.

You can also make use of the Industrial Relations and Disputes presentation for your needs.

Dear All,

Given below is a press clipping on the Supreme Court's concern over the non-implementation of construction workers' law, forwarded for your information.

Thanks with regards.

Keshav Korgaonkar
http://www.shantadurgaent.com, Welcome To Shantadurga Enterprises
Cell: +91 99675 16383

Clipping as under:

The Supreme Court on Monday, the 28th of February 2011, expressed its concern over the non-implementation of the law regulating the employment of construction workers and indicated it might ask the Chief Secretaries of states and Union Territories, which have failed to implement the law, to be personally present before it.

A bench headed by Chief Justice S.H. Kapadia asked the Centre, "why it cannot take action against the erring states" over the non-implementation of the 1996 law.

"The Centre is not able to do anything. Are you helpless? You are not taking action," the bench, also comprising Justices K.S. Radhakrishnan and Swatanter Kumar, said.

The court said it would pass the order in which it would ask the Chief Secretary or the Labour Secretary to be present before it for their failure to implement the 15-year-old law.

The court was hearing a PIL seeking direction to the governments to implement the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.

The petition was filed by an NGO, National Campaign Committee for Construction Labour, which alleged that many states including Maharashtra, Goa, Nagaland, and Chandigarh have failed to implement the law meant to regulate unorganized construction workers.

The Act says the appropriate government has to appoint registering officers and every employer shall register their establishment. Under the law, the building workers are to be given various benefits and in order to enable the workers to avail the benefits, each State has to constitute a State Welfare Board.

The Board shall comprise a chairman nominated by the central government, and such other members, not exceeding 15, may be appointed by the State government. The apex court was anguished that the Centre, which was authorized under the law to issue directions to State governments for setting up of welfare boards, did not exercise its power, which created a roadblock for the disbursement of the cess collected for the benefits of workers.

During the earlier hearings, the court had pointed out that even the preliminary step for ensuring that boards are constituted by States have not been taken by the Centre as provided under section 60 of the Act (Building and other Construction Workers Act).

Dear Keshav,

Thank you for your useful news. Some states have implemented the act but they are unable to streamline the system on how to collect the BOCW Welfare Cess and the procedure for issuing Construction Workers Identity Cards (including Gujarat). What are the charges to be collected from the construction workers? Who should be held responsible for issuing ID cards to construction workers? Who will be responsible for verifying the accuracy of the details provided by the construction workers? What is the renewal procedure after the card has expired?

There are many questions but no answers in the minds of some state governments. We must congratulate Andhra Pradesh for clearly establishing rules, implementing policies, and designating the ALOs of respective areas as the Issuing Authority for Construction Workers' ID cards and the renewal procedure.

Thank you, Mr. Keshav, for your information.

Dear Mr. Bhaskar,

Thank you very much for your valuable suggestion. Our Factory (NFL) is located in the state of Punjab. Our project site is already indicated on the Plot Plan within the boundaries of the factory premises, and it is also marked as 'SITE FOR EXPANSION'. Due to our EPC contract, obtaining a refund of the deposited amount is proving to be very challenging.

Therefore, we are seeking expert advice on this matter.

Thanks and regards,
Lenka

Dear Nagida,

Thank you for your valuable comments. Please check Section 28 and 29 of the BOCW Act 1996. Additionally, you can refer to the following thread for in-depth knowledge on the BOCW Act and other Acts related to the Construction Industry: https://www.citehr.com/344521-buildi...lrker-law.html.

Kind regards,

[Your Name]

Dear All,

I wish to know what the difference is between rules and an Act, and what the various forms are under BOCW. Can anybody guide me please?

Dear Friends,

Please check the link Govt. of India, Ministry of Labour & Employment which may help you to get some idea about the forms under BOCW Rules. The Form Numbers will change from State to State, but the format will remain the same.

For correctness of the Form Numbers and Formats, please refer to your concerned state's BOCW Rules.

Please let me know of any BCA student who has a 1-year diploma in fire & safety and also has 1-year of experience but is not able to become a safety officer.

Dear Mr. Khatishekhar23,

Please post your question or query in a separate thread so that it can be viewed by all, and by doing so, you can receive a better response.

All the best

Dear Ashish Damle,

Please go through the https://www.citehr.com/344521-buildi...lrker-law.html thread as well so that you can have a complete idea about BOCW and other construction acts.

We have a factory in Andhra Pradesh. Currently, we're building a Distribution Centre just outside our factory premises. Would the BOCW Act be applicable here? If yes, what is my responsibility as a Principal Employer?

So far, we have not been paying any welfare cess and have not faced any trouble although construction of the building is almost over now and the installation of machines has begun.

If the Distribution Centre land is not registered as a part and parcel of the Factory premises, then obviously, you must register yourself as Principal Employer under BOCW Act, and your Contractors also need to get registered. But if the land is also covered and registered as the Factory Premises, then you need not register under BOCW Act. However, you have to take approval from the Inspector of Factories for carrying out construction activities.

While sanctioning the approval for construction in the factory premises, the Inspector of Factories will give a notice to you (PE) for payment of 1% of the cost of contract work as BOCWW Cess. The approval will only be sanctioned upon payment of the same.

You can confirm further details from your area Inspector of Factories' office.

Dear paradoxical123,

What I understand is that you are building a distribution center outside your factory premises. This means you are engaged in construction activity that is not within your factory premises, including its precincts (boundaries).

The provisions of the BOCW Act certainly apply to your construction activity.

Thanks and regards,
Keshav Korgaonkar

[Shantadurgaent.com](http://www.shantadurgaent.com) - Insurance Advisors, Corporate Advisors, Legal Advice, Wage and Salary, Labour Compliance Audit, SSI Registration, NOC.

Dear Anil,

The benefits and eligibility vary from state to state. I have only provided an outline of the Central Act. You can refer to your state's BOCW Rules for clear details regarding beneficiaries and cess information.

Dear Anil ji,

Please find an advertisement by Maharashtra BOCW Welfare Board listing out the welfare schemes for your information and that of other members. It is important to note that the schemes listed here are applicable in Maharashtra only.

Thanks and regards,

Keshav Korgaonkar

[Shantadurgaent.com](http://www.shantadurgaent.com) - Insurance Advisors, Corporate Advisors, Legal Advice, Wage and salary, Labour Compliance Audit, SSI registration, NOC from

Dear Bhaskar ji,

Your PPT is excellent. I have collected some additional information, which is attached for all our friends. Please go through.

Regards,
PBS KUMAR

Dear Members,

Once a person joins an organization and becomes a member of PF, and then leaves that job and withdraws the PF accumulation. After that, he joins another organization where he is earning a salary of more than Rs 6500/- and is not willing to make PF contributions. According to the rules, is he eligible to become a member or not? Please provide suggestions based on the PF rules only.

Regards,
Anilkumar Nair

Dear Anilkumar ji,
You have posted your query in wrong thread. The current thread is on BOCW Act and rules and your query is on PF.
You are requested to go thru’ the thread to get answer to your query at https://www.citehr.com/361322-pf-ded...-new-post.html

The Safety Officer must have the qualification of any Engineering Degree/Diploma. Please refer to Section 38 of BOCW Act.

Dear Bhaskar Sir,

Please help me with the following queries as no one is replying to them:

What is the correct definition of Building (Under this Act) and whether we need to pay CESS on Machines installed in the building for production?

1. If the Factory was constructed between 2002 - 2007, do we need to pay CESS for this construction?
2. If new construction is taking place in our Factory and all employees are covered under EPF and ESIC, do we have to pay CESS under such conditions?
3. Do we need to pay CESS under BOCW Act for new building Electrical Wiring, Air Conditioners, Lights, and Furniture, etc.?
4. Do we need to pay CESS under BOCW Act for Machinery Installed for production on the same premises?

Please assist urgently.

Looking forward to your prompt response on the above matter.

What is the correct definition of Building (Under this Act) and whether we need to pay CESS on Machine installed in building for production?

Any construction activities being carried out must be covered under BOCW Act, which includes erection, installation, fabrication, and other related activities.

1. If the Factory has been constructed between 2002-2007, do we need to pay CESS on this construction?

What is the contention of your Factory Inspector? If he is insisting on the same, you can understand that he is expecting something from you. Please discuss with him and clear the issue.

2. If a new construction is going on in our Factory and all employees are covered under EPF and ESIC, do we have to pay CESS in such conditions?

If the construction activity is being carried out within the factory campus, then obviously you must obtain permission from the Factories Inspector before commencement. After his approval only you can go ahead with construction. Before approving the same, he will instruct your office to remit the BOCWW Cess. On payment of the cess only he will give approval for construction activities in the factory premises.

3. Do we need to pay the CESS under BOCW Act on new building Electrical Wiring, Air Conditioners, Lights, and Furniture, etc.?

The cess will be calculated on the Contract Value and not on parts. But you can discuss with your Factory Inspector and ask for exemption from paying the same for the Fixtures and Furniture by providing the BOQ for your works contract.

4. Do we need to pay CESS under BOCW Act on Machinery Installed for production in the same premises?

For Installation charges, you need to pay but not on the cost of machinery.

Hope your doubts are cleared. Please do not argue with the Factory Inspector on Rules and other law matters. Whatever issues, please discuss with your Factory Inspector and clear it amicably.

Looking forward to your prompt response on the above matter.

Dear Bhaskar Sir,

As per your presentation, the industry where the Factory Act of 1948 applies, and new construction MAPS are approved by the Director of the Industrial Health and Safety Office, the company does not need to pay CESS. However, in Madhya Pradesh, we are compelled to deposit CESS by the government. What should be our reaction to this?

Thank you.

Thank you, Bhaskar Sir,

You are right. Our building construction cost, including furniture & fixtures, is approximately 3.75 crore. The machine installation and machine cost total around 42,500,000. Based on the building and other costs, we have already deposited Rs. 400,000 as part of the 1% CESS. However, the Labor Officer, who is also the secretary of the BOCW Act, insists that we need to deposit the CESS on installed machines. He is currently in the process of assessing the factory and stating that we must pay CESS on the installed machine and the installation of the machine.

What should we do?

Dear Piyush ji,

I read your query. I wish to give a reply, some inputs, and guidance. Give me time until Monday. I am back in my hometown Mumbai this morning. I need rest today and tomorrow.

Hi Friends,

I have almost gone through the above discussion; it is very impressive and useful. However, I am still not clear about which employer (principal, contractor, or third party) should maintain the register and how they can comply with the BOCW Act.

As our head office is located in a different place from where the construction/site is ongoing, and we have two to three contractors employing workers alongside 15 to 16 employees on our company payroll, I am unsure about its applicability and how we can address it. If we are already complying with ESIC and PF, is it still important or not?

Dear Piyush ji,

In the meantime, you are requested to go through the attached judgment of Orissa H.C. on the factory under construction and also of MP H.C. on cess on total cost. The judgment of MP H.C. on cess on total cost is uploaded by me in one of the earlier postings.

Dear Piyush ji,

Your query made me restless and therefore compelled me to reply today itself.

My point wise reply to your query, in my view, is as under:

Point No. 1 : If the Factory has been constructed between 2002 - 2007 do we need to pay cess on this construction?

My Reply : If the Factory has been constructed between 2002-2007 and the trial production is taken, say, first time in 2008, you are liable to pay cess under the BOCW Act from 2002-2007. I repeat, you are liable to pay cess for the period prior to you start your production or manufacturing process first time.



Point No. 2 : If a new construction is going on in existing Factory and all employees are covered under EPF and ESIC, do we have to pay cess in such Conditions?

My Reply : You are not liable to pay cess.

Point No. 3 : Do you need to pay the cess under BOCW Act on new building Electrical Wiring, Air Conditioners, Lights, and Furniture etc...?

My Reply : Yes.

Point No. 4 : Do you need to pay cess under BOCW Act on Machinery Installed for production in the same premises?

My Reply : Yes.

I have given you the judgment of MP H.C. on cess on total cost. I suppose you are from Bhopal, MP. Still I feel, you can take a call whether to pay cess or not, on Electrical Wiring, Air Conditioners, Lights, Furniture, Machinery installed etc.

I came across an opinion given by one of the former Chief Justice of India on this subject. This opinion is confidential and privileged to the members of one of the Manufacturing Association.

Secondly, If the authority is demanding cess from you on new construction within the existing factory, you are advised to write a letter the authority. I faced similar issue in Mandi Deep, MP in 2004-5. For your ready reference, I am giving you a draft letter as under:

------------------------------------------------------------------------------------------------------------------------------------------------------------

To,

………………………………..

………………………………...

Dear Sir,

Our construction work in the existing factory premises

viz. ………………………….. at ………………………..

This has reference to your demand for Cess under BOCW Act for above construction work.

We wish to draw your kind attention as under:

1. Our construction work as stated above is within the premises and precints of existing factory under the Factory Act 1948. And hence the said construction work does not include in the definition of “building or other construction work” as defined in section 2 (1) d of the BOCW Act 1996.

2. Since our construction work does not include in the definition of “building or other construction work” as defined in section 2 (1) d of the BOCW Act 1996, the provisions of BOCW Act 1996 are not applicable to this construction work and we are not liable to pay cess under this Act.

We further wish to draw your kind attention as under:

1. The said construction work is included in our Factory registration as well in Factory Licence.

2. The manpower engaged for the said construction work is also included in the Factory Licence and Licence fee is also paid by us accordingly.

3. And hence the said construction work is a part and parcel of existing factory.

Under the circumstances we request you to kindly cancel the demand of cess from us.



------------------------------------------------------------------------------------------------------------------------------------------------------------

All the best to you.

Kindly clarify whether the BOWC cess is applicable for factory building (expansion) constructions or not?

Varao

Pro

Dear Varao Ji,

Your query is replied to as under:

I hope you are satisfied with this.

Dear Bhaskar,

Firstly, I must say I am glad about your presentation, and there is no doubt that this will clear all the doubts regarding the BOCW Act.

Thank you very much.

Yellamraju

Dear Bhaskar ji,

Thank you very much for appreciating my above post dated 2nd March 2013. At least there is someone who acknowledged my effort on that day.

Dear Mr. Keshav,

Always, our efforts are viewed by many people, and they are also being utilized, but they are not being acknowledged for the same. Hence, I request you not to let these feelings affect you. Please continue to give your fullest effort in guiding the members.

Dear friends,

The content posted is really very informative and knowledgeable. Presently, I am pursuing my M.E. in Construction Management. The topic for my project is "SAFETY." We are planning to compile a Safety HANDBOOK for the various construction sites under the guidelines of BOCW Act. It will be very helpful for me to work and conduct research on the above topic if you all suggest some key areas where research or analysis needs to be done so that I can contribute to the industry. You all can also update me with any Safety handbook already customized for reference, if available.

Thanks and regards,
Suraj T

Dear All,

Please share the permissible working hours under the BOCW Act. Also, provide information on overtime hours for daily, monthly, and quarterly periods.

Regards,
Murthy K M

Hi,

Is there a mandatory procedure to obtain a BOCW License for a housekeeping contractor? Kindly suggest as we need to comply with one of our principal employers.

Dear Manish,

As a matter of fact, under BOCW, you can only do registration and there is no licensing procedure available. If your contract work is carried out in the establishment where the construction activities are going on, then you need to obtain the registration. But if you engage your Housekeeping team in a completed project, you need not obtain the same under the BOCW Act.

Registration of the contract is the basic responsibility of the employer or the contractor. Does it apply to all types of construction?

Regards,
VG Subramanian

Dear Sir,

I am associated with one of the construction companies that serve as vendors for telecom giants like Reliance and Airtel. Our primary focus lies in optical fibre network installation, specifically underground work in public spaces using HDD machines.

I have a query regarding the applicable acts for this type of work. Are acts such as the BOCW Act, Labour Act, Factory Act, and Shop and Establishment Act relevant in this context? Your guidance on this matter would be greatly appreciated.

Regards,
Pari
Email: praneeta.hr@gmail.com

Dear Bhaskar,

Your effort as well as the presentation are highly commendable. The follow-up queries and additional inputs by other knowledgeable members have truly enriched the discussion. For the sake of clarity, could you please shed some light on the simultaneous application of the BOCW Act and the Contract Labour (R&A) Act to contractors' establishments engaged in various types of construction works?

Dear Mr. Umakanthan,

The BOCW Act is applicable to whoever engages the workforce involved in construction or building activities. In BOCW, there is no such thing as a PE. It states only "Employer." Therefore, the PE, Contractor, and Sub-Contractors are required to obtain the Registration Certificate by applying in Form I. Subsequently, the Contractors will need to maintain all the relevant statutory documents (Wages, Muster Rolls, OT Register), technical-related documents (Periodical inspection of lifting gears, wire rope, hoist, and other equipment being used for construction purposes), as well as welfare-related documents (Canteen Price list, Medical check-up of all workers (Pre-employment and periodical medical check-up), Hygiene & Sanitation Records).

Whenever a BOCW Inspector visits the site, the above-mentioned documents must be produced upon demand.

Dear Mr. Umakanthan

Please go through the Section 2 (d) of BOCW Act, 1996, in which the activities are mentioned which is considered as Building or Construction Activities.

2 (d) “building or other construction work” means the construction, alteration, repairs, maintenance or demolition, of or , in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqua ducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the appropriate Government, by notification but does not include any building or other construction work to which the provisions of the Factories Act, 1948 (63 of 1948), or the Mines Act, 1952 (35 of 1952), apply.

Dear Mr. Bhaskar,

An excellent presentation. Thank you for sharing. I have a query: is there any due date for depositing the cess collected? Awaiting your response.

Thank you,
Shruti

I have a question.

1. What if the factory is running and the government department forces you to submit the CESS? Also, if for a factory or for a building, if we are covering all the building workers under EPF and ESIC Act, what is the requirement of the payment of this CESS?

2. What is the computation of CESS? On what basis is CESS to be paid? If we are constructing a factory and the project is worth 5CR including electrical fittings, A/C, lights, etc., do we need to pay the CESS on this as well?

Dear Sir,

We are registered under the BOCW Act in Punjab. We are paying regularly at 1%. Some clarification is required:

1. Should CESS be paid based on my Contract Value? In case my execution is more or less than my contract value. For example, if my contract value is 100 Crore, during execution it may increase or decrease to either 90 Crore or 110 Crore. Should 1% be calculated based on the actuals or the original contract value?

2. CESS is stated as 1% of the construction cost. My contract value includes materials, machinery, and my profit as well. How do we determine the construction cost? Do we need to pay the 1% flat rate?

3. Is CESS applicable for settlements made due to idleness or delays in the project?

4. Is CESS applicable for any other works or supplies that do not involve labor?

5. Is CESS payable after receiving payment from the customer/principal employer?

Thank you,
Arivu

Dear Arivu,

Now, whatever amount you pay towards the BOCWW Cess, the authorities will accept. Upon completion of the project, the authorities will inspect your project and evaluate the construction costs. Based on their evaluation, they may or may not require you to pay additional BOCWW Cess.

Mr. Bhaskar,

You have not mentioned the registration certificate procedure, beneficiary registration, forms, and returns under the BOCW Act in the PPT. Can you please edit those compliances as well?

Please clear my doubt.

We are a private construction company that has a project wherein we are employing building workers as we are constructing a building and covered under BOCW. We got the project through CPM RVNL PSU, which is our employer. Now, for obtaining the BOCW registration certificate, who will be the Establishment - RVNL or our firm?

Dear all,

Please clarify my doubts: should the principal employer apply for the BOCW Act if they are already registered under the Factory Act and wish to undertake construction work for expansion in the premises where the factory is currently operating?

Dear Friends,

I am herewith attaching the PowerPoint presentation on the Building and Other Construction Workers Act, 1996, and the Building and Other Construction Workers Rules, 1998 for your ready reference.

Please make your comments without fail so that any improvements can be made in the future.

Dear Friends,

I am herewith attaching the PowerPoint presentation on the Building and Other Construction Workers Act, 1996, and the Building and Other Construction Workers Rules, 1998 for your ready reference.

Please make your comments without fail so that any improvements can be made in the future.

Dear Friends,

I am herewith attaching the PPT presentation on the Building and Other Construction Workers Act, 1996, and Building and Other Construction Workers Rules, 1998 for your ready reference.

Please make your comments without fail so that any improvements can be made in the future.

Sir, we are a vendor. We have obtained the BOCW license and have engaged some subcontractors. Therefore, it is necessary for our subcontractors to also obtain the BOCW license.

Dear all,

Please go through the seminal case on this subject, which states that additional construction within the factory registered under the Factories Act, 1948, warrants compliance under the BOCW Act.

Seminal Case
The fact that construction workers are not covered under the Factories Act, 1948, and are therefore entitled to welfare measures under the BOCW Act was put forth in the case of Lanco Anpara Power Ltd. v. State Of Uttar Pradesh & Others dated Oct. 10, 2016.

Facts of the case:
The petitioner construction companies were issued various show cause notices for failing to register under the BOCW Act and for payment of tax under the BOCW Act. The validity of these notices was challenged in several writ petitions before various High Courts on the grounds that the BOCW Act was not applicable to these factories as they were registered under the Factories Act. The petitioner construction companies, engaged in construction activities, argued that once the undertaking or the establishment had obtained a license for registration under the Factories Act, the BOCW Act was not applicable due to the exclusion under Section 2(1)(d) of the BOCW Act. However, the respondents called for a more beneficial interpretation of the exclusion clause on the grounds that the legislation must cater to the benefits of construction workers.

Issue:
The issue before the Supreme Court was whether the BOCW Act was applicable to those premises registered under the Factories Act, 1948.

Judgment:
The Court held that the establishments/premises registered under the Factories Act, 1948, employing construction workers in the construction of factory premises were not excluded from the application of the BOCW Act in terms of the exclusion clause. The Court reasoned that an establishment/premise would become a factory under Section 2 (m) of the Factories Act only when the manufacturing process as defined under Section 2(k) of the Factories Act commenced. Consequently, the provisions of the Factories Act would apply only when the manufacturing process commences, and even upon the commencement of the manufacturing activity, it only covered those workers who are engaged in such manufacturing activity under the Factories Act and not construction workers.

Hence, construction activities carried out in relation to establishments/registered premises/licensed under the Factories Act, 1948, would not attract the exclusion clause of the BOCW Act by itself. Workers carrying out such activities would be covered under the BOCW Act.

Seniors may guide.

Regards,
Saravanakumar B

Good evening to all! This is HR@Manas from Diversified Energy Solutions Pvt Ltd. We are currently working on a government project regarding the construction of Mines Staff Building, which is situated adjacent to the Mines premises. Can anyone kindly guide me on the registers to be maintained for statutory compliances? I am feeling confused as our project is located to the left side of the Mines project, and the fencing around the Mines premises has already been completed. Now, I need to know from our site HR members whether our project needs to follow the Mines Act or the BOCW Act for fulfilling statutory compliances. I have a lot to discuss with you, dear members. First, I need to clarify this issue. Following the response from active members, I will interact with my team accordingly.

Does the civil construction made for wall compound renovation, toilet construction in a manufacturing industry which costs above 10 Lakh attract BOCW cess in Maharashtra as per Law?

Please provide legal references for the same.

What are the categories of workers covered under the skilled, unskilled, semi-skilled, and high-skilled workers in civil and mechanical construction jobs?

Thank you.

Hi,

We plan to start a factory. The land has been leased from the State Government in January 2022. We have awarded the civil construction work to a civil contractor, with the majority of the labor being migrant workers. Machines are currently being installed. Once the building work is completed and machinery is installed, we will proceed with production and apply for a factory license around December 2023.

Please explain the statutory compliances that HR needs to maintain and the various checkpoints. Are BOCW, CLRA, ISMW, ESI, or the Employees' Compensation Act applicable? Kindly advise.

Regards,
Hari

All these statutes are applicable. If it is an ESI notified area, then the ESI Act of 1948 applies; otherwise, the EC Act of 1923 applies.