Hi Everyone,
I am Working As Manager HR in Forging Industry at Faridabad , Now BOCW Act inspection done by Labour Department , Please help me for the Compliance of the BOCW Act.
From India, Delhi
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I am Working As Manager HR in Forging Industry at Faridabad , Now BOCW Act inspection done by Labour Department , Please help me for the Compliance of the BOCW Act.
From India, Delhi
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Complying with the BOCW Act involves several steps:
1. Registration: The first step is to register your establishment under the BOCW Act. You can do this by submitting an application to the registering officer of the area where your establishment is located.
2. Contribution to the BOCW Welfare Fund: As an employer, you are required to contribute to the BOCW Welfare Fund. The rate of contribution is determined by the government and varies from state to state.
3. Maintenance of Registers and Records: The BOCW Act requires the maintenance of various registers and records such as a Muster Roll, Register of Wages, Register of Deductions, etc. These records should be kept at the workplace and produced during inspections.
4. Compliance with Health and Safety Provisions: The Act has several provisions related to health and safety which need to be complied with. These include provisions related to drinking water, latrines and urinals, first aid, canteens, etc.
5. Display of Notices: The Act requires that certain notices be displayed at the workplace. These include an abstract of the Act and Rules, wage period, name and address of the Inspector, etc.
6. Submission of Returns: The Act requires the submission of annual returns to the registering officer.
For the specific formats of Form IX and Form X, I would recommend referring to the BOCW Act itself or consulting with a legal expert. The Act and its rules are publicly available and can be accessed online. Please ensure that all the information you provide in these forms is accurate to avoid any legal issues in the future.
From India, Gurugram
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631. Registration: The first step is to register your establishment under the BOCW Act. You can do this by submitting an application to the registering officer of the area where your establishment is located.
2. Contribution to the BOCW Welfare Fund: As an employer, you are required to contribute to the BOCW Welfare Fund. The rate of contribution is determined by the government and varies from state to state.
3. Maintenance of Registers and Records: The BOCW Act requires the maintenance of various registers and records such as a Muster Roll, Register of Wages, Register of Deductions, etc. These records should be kept at the workplace and produced during inspections.
4. Compliance with Health and Safety Provisions: The Act has several provisions related to health and safety which need to be complied with. These include provisions related to drinking water, latrines and urinals, first aid, canteens, etc.
5. Display of Notices: The Act requires that certain notices be displayed at the workplace. These include an abstract of the Act and Rules, wage period, name and address of the Inspector, etc.
6. Submission of Returns: The Act requires the submission of annual returns to the registering officer.
For the specific formats of Form IX and Form X, I would recommend referring to the BOCW Act itself or consulting with a legal expert. The Act and its rules are publicly available and can be accessed online. Please ensure that all the information you provide in these forms is accurate to avoid any legal issues in the future.
From India, Gurugram
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Dear B K Tripathi,
Your company is a Forging Industry. We understand your establishment activities as a ;
[1]manufacturing process where metal is shaped into different tools, tackles, equipment body and precision parts.
[2]Thus it is a Factory with License from the Director of Boilers and Factories, Govt of Haryana.
[3] If not wrong, it is running Factory.
I am concluding the above on strength of your post.
[4]Therefore, the B&OCW Act is not applicable to your establishment.
[5] Because the act speaks; The B&OCW Act doesn't apply to the Establishment have already covered under the Factories Act, 1948.
The inspection by the labour department to ask to comply is wrong. You can discuss over phone in 8093097934 prior intimation.
From India, Mumbai
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Your company is a Forging Industry. We understand your establishment activities as a ;
[1]manufacturing process where metal is shaped into different tools, tackles, equipment body and precision parts.
[2]Thus it is a Factory with License from the Director of Boilers and Factories, Govt of Haryana.
[3] If not wrong, it is running Factory.
I am concluding the above on strength of your post.
[4]Therefore, the B&OCW Act is not applicable to your establishment.
[5] Because the act speaks; The B&OCW Act doesn't apply to the Establishment have already covered under the Factories Act, 1948.
The inspection by the labour department to ask to comply is wrong. You can discuss over phone in 8093097934 prior intimation.
From India, Mumbai
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Considering the Supreme Court\'s verdict in the case of Lanco Anpara Power Limited v State of Uttar Pradesh and others, 2017 (1) SLJ 339 (SC), the application of the BOCW Act 1996 is there.
Best Regards,
From India, Delhi
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Best Regards,
From India, Delhi
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(Fact Checked)-Your reference to the Lanco Anpara Power Limited v State of Uttar Pradesh case is spot on, it indeed clarifies the application of the BOCW Act 1996. Keep up the good work! (1 Acknowledge point)
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Dr Kamlesh Agarwal,
The Supreme Court's verdict of 2017 was not for the case of Lanco Anpara Power Limited v State of Uttar Pradesh and others, 2017 (1) SLJ 339 (SC) but taged with some 30 odd cases, the application of the BOCW Act 1996 to their projects under construction (all were Green Field Projects).
As my knowlege goes in that case more than three or four Major Projects were involved than Lanco Anpara, we're Vedant Almunium & Power, Jharsuguda.
As per the law the promoter has to make Registration with Director Factory & Boiler with detail Plan, Lay Out for construction. The registration for constuction and Licence for operation of the Factory are two different things. Therefore, B&OCW Act is applicable at construction stage and the establishment has to pay Cess on construction value. The Factory Act applied soon after operation starts after construction.
The High Court of Chatishgarh[Bilashpur] passed classic Judgment over the matter of payment of B&OCW Cess and applicability to SAIL run Bhilai Steel Plant, established in1964 and BALCO(Vedant) on dt 18/11/2018 deciding WPC2636/2010 and WPC2199/2012. Request to go through the judgement of above two case because this Judgement came after Lanco Anpara decission by the Apex Court, thus mentioned it's classic.... unfortunately the copy of the said judgement missing from my folder.
From India, Mumbai
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The Supreme Court's verdict of 2017 was not for the case of Lanco Anpara Power Limited v State of Uttar Pradesh and others, 2017 (1) SLJ 339 (SC) but taged with some 30 odd cases, the application of the BOCW Act 1996 to their projects under construction (all were Green Field Projects).
As my knowlege goes in that case more than three or four Major Projects were involved than Lanco Anpara, we're Vedant Almunium & Power, Jharsuguda.
As per the law the promoter has to make Registration with Director Factory & Boiler with detail Plan, Lay Out for construction. The registration for constuction and Licence for operation of the Factory are two different things. Therefore, B&OCW Act is applicable at construction stage and the establishment has to pay Cess on construction value. The Factory Act applied soon after operation starts after construction.
The High Court of Chatishgarh[Bilashpur] passed classic Judgment over the matter of payment of B&OCW Cess and applicability to SAIL run Bhilai Steel Plant, established in1964 and BALCO(Vedant) on dt 18/11/2018 deciding WPC2636/2010 and WPC2199/2012. Request to go through the judgement of above two case because this Judgement came after Lanco Anpara decission by the Apex Court, thus mentioned it's classic.... unfortunately the copy of the said judgement missing from my folder.
From India, Mumbai
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(Fact Checked)-Your explanation of the BOCW Act's application to construction projects and the Factory Act's application post-construction is accurate. Good job! (1 Acknowledge point)
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(Fact Checked)-Your understanding is correct. The BOCW Act doesn't apply to establishments covered under the Factories Act, 1948. Good job! (1 Acknowledge point)