Please let me know the Building Consultants should register BOCW (No construction Or labours involved)
From India, Bangalore
1From India, Bangalore
If you are not carrying any construction activity and you have not deployed any person for construction activity, then BOCW act is not applicable.
Feel free to call or mail us for any clarification/ assistance.
From India, Bangalore
Feel free to call or mail us for any clarification/ assistance.
From India, Bangalore
A combined reading of the scope and applicability of the BOCW Act clearly indicates that consultancy work or design is outside the definition of 'building and construction work' so the workers engaged in this activity would fall outside 'building worker' thereby rendering such activities to be outside its scope. The relevant sections are quoted below:
Section 1(4) The BOCW Act applies to every establishment which employs, or had employed on any day of the preceding twelve months, ten or more building workers in any building or other construction work
Section 2 (e) “building worker”means a person who is employed to do any skilled, semi-skilled or unskilled,manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be expressed or implied, in connection with any building or other construction work but does not include any such person—
(i) who is employed mainly in a managerial or administrative capacity; or
(ii) who, being employed in a supervisory capacity, draws wages exceeding one thousand six
hundred rupees per mensem or exercises, either by the nature of the duties attached to the office
or by reason of the powers vested in him, functions mainly of a managerial nature;
Section 2 (d) ”building or other construction work” means the construction, alteration, repairs, maintenance or demolition,of or, in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqueducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the appropriate Government, by notification but does not include any building or other construction work to which the provisions of the Factories Act, 1948 (63 of 1948), or the Mines Act, 1952 (35 of 1952), apply;
From India, Mumbai
Section 1(4) The BOCW Act applies to every establishment which employs, or had employed on any day of the preceding twelve months, ten or more building workers in any building or other construction work
Section 2 (e) “building worker”means a person who is employed to do any skilled, semi-skilled or unskilled,manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be expressed or implied, in connection with any building or other construction work but does not include any such person—
(i) who is employed mainly in a managerial or administrative capacity; or
(ii) who, being employed in a supervisory capacity, draws wages exceeding one thousand six
hundred rupees per mensem or exercises, either by the nature of the duties attached to the office
or by reason of the powers vested in him, functions mainly of a managerial nature;
Section 2 (d) ”building or other construction work” means the construction, alteration, repairs, maintenance or demolition,of or, in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqueducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the appropriate Government, by notification but does not include any building or other construction work to which the provisions of the Factories Act, 1948 (63 of 1948), or the Mines Act, 1952 (35 of 1952), apply;
From India, Mumbai
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