Is BOCW Registration Necessary for Our Plant and Airport Maintenance Team? Seeking Advice

Dear Colleagues, Our organization is engaged in the operation and maintenance work of the existing plant and airport terminal. For this purpose, we have engaged technical personnel and are paying more than Rs. 6500/- as salary. Our work is to ensure the smooth working of the machines and to resolve any technical problems that may arise.

Under these conditions, should we go for BOCW registration and deposit cess under the BOCW Worker Welfare Cess Act? Please advise.

Thank you and regards,
A.K. Sharma

No, if the Factory Act applies to the existing plant and it is in operation, then the BOC (Business Operating Certificate) does not apply. You do not have to register under BOC.

Take care. Bye!

Dear Mr. AK Sharma, Please provide more details about the nature of your work. Under which act is your establishment registered (Factories Act, Shops and Commercial Establishment Act, CL(R&A) Act, or any other acts)? In which area are your maintenance and operation functions taking place? Where is the registered office for your company? By providing adequate information, you will receive correct guidance from our knowledgeable members. All the best

Our organization accepts work orders for operation and maintenance from private industry, state government, and central government. Our activities typically span between 6 months to 5 years. Therefore, we have obtained a labor license from the state or central government authority. We deploy technical personnel (permanent employment) rather than casual staff at a particular location and pay a salary or wage exceeding Rs. 6500. Our manpower is not involved in any building or other construction activities.

So, in this scenario, should we proceed with BOCW registration and deposit cess under the BOCW Worker Welfare Cess Act?

Thank you & Regards,
A.K. Sharma
Team-HR

Dear Mr. AK Sharma,

It is understood from your reply that you have registered your organization as an establishment under the CL (R&A) Act and engaged the contract labor after obtaining the labor license.

Registration Under Relevant Acts

Have you registered your establishment under the Shops and Commercial Establishment Act or the Factories Act? If so, then you need not obtain the BOCW Registration.

Work Location and Operations

Which is the work spot? Are the operation and maintenance activities carried out at the client's location or in your work spot?

If the work/operation/maintenance/manufacturing process is carried out in a covered shelter, then it must be registered under the Factories Act. If your registered office is away from the operation/maintenance/manufacturing place, the registered office must be registered under the Shops and Commercial Establishment Act. If you are registered under the Factories Act, then you need not obtain BOCW Registration.

BOCW Registration and Cess Payment

Once you are registered under the BOCW Act, then obviously you have to pay the BOCW Welfare Cess, and you have to add all your workmen as beneficiaries under the BOCW Act.

Regards