Labour Cess In Haryana

Dear Friends,
Labour department in Haryna imposed 1% Labour Cess to all the Real Estate Developers on the actual project cost under BOCW Act,1996.
I will be very thankful if any HR friend from Gurgaon/NCR region can guide me on this. Labour department also planning to raid such establishments, which are not paying this labour cess.
Your valuable suggestions are always welcome on this.
regards
Rajkumar Jaiswal
Manager-HR, Vatika Group
0981887-0002

Dear Mr Raj
Please let me know if one is constructing our own building for business purpose (an IT Company) will it come under labour cess of 1% under BOCW, 1996.
Regards
Manish Kathuria
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Dear Friends
The Building and Other Construction Workers Act is for the welfare of the construction workers as they come in the unorganised sector.
But there are many definitions which can be interpreted in different ways or u can say lacking clearity as for eg. Cost of Construction, Definition of Employer etc.
The defn of cost of construction is no where given.
The defn of employer includes Contractor and the defn of Contractor includes sub-contractor.
So we can play with the words since some Supreme Court Judgement clear the ambiguities...
till then interpret or subterfuge with the law...
Regards

There seems to be lot of cofusion among the members in respect of this BOCW Act. i would suggest to go through the judgment of Delhi High Court in Builders Association of India case wherein the Act has been discussed in detail and clarification on issues like who is the employer can be found. The Act is not applicable in the case of building your own house.
I would like to know the AP High Court Judgment. Kindly give the case no or parties in the case.
Surendra Dash

Dear Surendra,
Do you have a copy of the judgement of Delhi High Court as mentioned by you above? Can you please share it with us?
Regads,
Nitin

Dear Nitin,
Yes. The citation is Builders Association of India and others vs. Union of India. The judgment was delivered by a Division Bench of Mukul Mudgal and S. Muralidhar JJ ON 28.02.2007. My problem is i am not very adept in computer applications. if you give your Email address i can send the text of the judgment.
surendra

Has anyone got the copy of the judgement of Delhi High Court as mentioned by Surendra? Please share with me on [IMG]https://www.citehr.com/misc.php?do=email_dev&email=bml0aW4uYmFzcnVyQGVwY2 9zLmNvbQ==[/IMG]
Regards,
Nitin

Dear Surendra Dash,
Can you tell me the date of implementation of LAbour cess in AP and whether it is obligatory on the part of employer/client to pay the labour cess incase of default of the contractors.
Jagadeesh Nandi

Hi
Cess under BOCW Act is principal employer's duty to pay through contactor or direct against construction cost @ 1% or as per cess assessment by assessmen authority under BOCW Act after completion of construction against nature of building i.e commercial, institutional, factory, H. society, etc,.