Dear Seniors,
We are working on the Power Projects. Our role is to erect Sub-Stations, Transmission lines, and handover to organizations such as State Electricity Boards, Power Grid, etc., on a PAN India basis. We work as contractors for them, and upon completion of the project, we move out. Currently, we are working in 15 states.
I have the following question.
From India, Mumbai
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2We are working on the Power Projects. Our role is to erect Sub-Stations, Transmission lines, and handover to organizations such as State Electricity Boards, Power Grid, etc., on a PAN India basis. We work as contractors for them, and upon completion of the project, we move out. Currently, we are working in 15 states.
I have the following question.
From India, Mumbai
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Based on your query regarding the BOCW Act, 1996 & Rules, the responsibility of the Principal Employer and Employer (Contractor) who is engaging manpower to carry out the construction activity at the site is as follows:
Responsibilities of Employer
It shall be the duty of every employer to comply with the requirements of rules. An employer shall not permit an employee to do anything not in accordance with the generally accepted principles of standard safe operating practices connected with building and other construction work.
(i) "Employer," in relation to an establishment, means the owner thereof, and includes:
- In relation to a building or other construction work carried on by or under the authority of any department of the Government, directly without any contractor, the authority specified in this behalf, or where no authority is specified, the head of the department.
- In relation to a building or other construction work carried on by or on behalf of a local authority or other establishment, directly without any contractor, the chief executive officer of that authority or establishment.
- In relation to a building or other construction work carried on by or through a contractor, or by the employment of building workers supplied by a contractor, the contractor.
There is inherent ambiguity in the definitions of Employer. Only Haryana State has defined Principal Employer; no other State has followed suit. I am of the considered view that registration is to be done by the owner of the premises/site where work is carried out, and the Contractor has to take a License to carry out the job and engage people.
Normally, in construction industries, we used to follow the Contract Labour (R&A) Act, 1971, and we take a Labour Licence before the commencement of a Construction Job. In that Act, normally the details are given about the Contract Workforce, Obtaining Labour Licence Procedure, Welfare Measures, and all about the contract Workmen. The Government felt that the act is not unique.
Hence, in 1996, the Government introduced the Building & Other Construction Workers Act (in short, BOCW Act), BOCW Rules, and BOCW Welfare Cess Act, BOCW Welfare Cess Rules. In BOCW Act & Rules, it has given direction about the Welfare measures to Workmen, Safety Precautions, and many Technical Aspects about the Tools, Tackles, Instruments, Machineries, Lifting Appliances, its maintenance, inspection, etc. Medical Facilities required to be given to the injured workmen, Periodical Medical Check-up for drivers, operators, food handlers, etc., Pre-employment Medical Check-up for every workman. It is required to be inspected by a technical person. Hence, the Factory Inspector has been empowered to act as BOCW Inspector.
In this Act, for implementation purposes, the Government needs funds. So they implemented the BOCW Welfare Act, which made the provision to collect a minimum of 1% and a maximum of 2% of the Cost of Construction/Works carried out during the Financial Year to be paid as BOCW Cess to the BOCW Cess Board.
Regards.
From India, Kolkata
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Responsibilities of Employer
It shall be the duty of every employer to comply with the requirements of rules. An employer shall not permit an employee to do anything not in accordance with the generally accepted principles of standard safe operating practices connected with building and other construction work.
(i) "Employer," in relation to an establishment, means the owner thereof, and includes:
- In relation to a building or other construction work carried on by or under the authority of any department of the Government, directly without any contractor, the authority specified in this behalf, or where no authority is specified, the head of the department.
- In relation to a building or other construction work carried on by or on behalf of a local authority or other establishment, directly without any contractor, the chief executive officer of that authority or establishment.
- In relation to a building or other construction work carried on by or through a contractor, or by the employment of building workers supplied by a contractor, the contractor.
There is inherent ambiguity in the definitions of Employer. Only Haryana State has defined Principal Employer; no other State has followed suit. I am of the considered view that registration is to be done by the owner of the premises/site where work is carried out, and the Contractor has to take a License to carry out the job and engage people.
Normally, in construction industries, we used to follow the Contract Labour (R&A) Act, 1971, and we take a Labour Licence before the commencement of a Construction Job. In that Act, normally the details are given about the Contract Workforce, Obtaining Labour Licence Procedure, Welfare Measures, and all about the contract Workmen. The Government felt that the act is not unique.
Hence, in 1996, the Government introduced the Building & Other Construction Workers Act (in short, BOCW Act), BOCW Rules, and BOCW Welfare Cess Act, BOCW Welfare Cess Rules. In BOCW Act & Rules, it has given direction about the Welfare measures to Workmen, Safety Precautions, and many Technical Aspects about the Tools, Tackles, Instruments, Machineries, Lifting Appliances, its maintenance, inspection, etc. Medical Facilities required to be given to the injured workmen, Periodical Medical Check-up for drivers, operators, food handlers, etc., Pre-employment Medical Check-up for every workman. It is required to be inspected by a technical person. Hence, the Factory Inspector has been empowered to act as BOCW Inspector.
In this Act, for implementation purposes, the Government needs funds. So they implemented the BOCW Welfare Act, which made the provision to collect a minimum of 1% and a maximum of 2% of the Cost of Construction/Works carried out during the Financial Year to be paid as BOCW Cess to the BOCW Cess Board.
Regards.
From India, Kolkata
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4.THE BUILDING AND OTHER CONSTRUCTION WORKERS' WELFARE CESS ACT, 1996.doc
BOCW Act for construction in factory premises- SC.PDF