Contractor Liability If BOCW Not Applicable To Factory

Hello seniors. Myself new to this community and have a query. It is understood that BOCW act is not applicalbe to factory and mines.
In such case what is the responsibility of the contractor or the principal employer for the welfare of the workers working. Should the contractor pay the labour cess.

Dear Swaroop,
When there is no application of the BOCW Act, the levy of cess does not arise. I think if the subscription for the State Labour Welfare Board is paid in respect of contract labour also, it would meet the purpose.

Thanks sir.
Kindly provide your inputs on the fact that though ESI coverage is their for the workers under BOCW but when if BOCW is applicable then is ESI mandatory?

Dear [Login to view],
Let me take the opportunity to reply you.
Even BOCW is applicable, ESI is mandatory.
Both the Acts are different with different objects. Also benefits under both the Acts are entirely different. Therefore you can not take a stand that you are paying cess under the BOCW, so you will not cover your employees under ESIS.