Dear All,
We are into construction industry and currently our nature of Job is only fabrication the Iron Grider at diffrent location/diffrent vendor Factory.
Is it BOCW act is applicable or Not ?
Fact:- Client is asking for BOCW registration however we are fabricating and supply the grider only at diffrent locations.
Kindly help us in this regards.
Regards
Alok Kumar
From India, Nasik
4We are into construction industry and currently our nature of Job is only fabrication the Iron Grider at diffrent location/diffrent vendor Factory.
Is it BOCW act is applicable or Not ?
Fact:- Client is asking for BOCW registration however we are fabricating and supply the grider only at diffrent locations.
Kindly help us in this regards.
Regards
Alok Kumar
From India, Nasik
Building and Other Constructions Worker (Regulation of Employment and Conditions of Service) Act has excluded the construction activities in a factory premises which is part of the factory covered by Factories Act. It is still disputed whether the contraction activities in all the factory premises will fall within the exclusion part of the Act or not. Please follow the link for further understanding.
http://madhu-t-k.blogspot.com/2021/10/occupiers-liability-to-pay-cess-towards.html
Now the question is when you are involved in just supply and or erection of fabricated materials, then who is the builder who construct it? My question are:
(1) Is the Occupier (ie, the factory owner) himself is constructing the building, then he should pay the cess as mandated by the BOCW Act.
(2) If there is any contractor/ builder who undertakes to build the factory building as per the plan approved by the factory owner, then it shall become the responsibility of the Builder to pay the required cess (one percent of the cost of construction) It will become the factory owner's responsibility only when the builder fails to pay it to the government.
Are to supplying the materials to the factory (1 above) directly or are they billed to any builder mentioned above (2)? Under both, if your job is to supply fabricated materials how can the factory ask you to get registration under BOCW Act? It is true, if you also do the erection work because the cess is payable not for the material supplied but for the labour involved. At the same time, if your workers who do the work of erection are covered by ESI, EPF and other social security laws, how does the BOCW Act applies to you?
From India, Kannur
http://madhu-t-k.blogspot.com/2021/10/occupiers-liability-to-pay-cess-towards.html
Now the question is when you are involved in just supply and or erection of fabricated materials, then who is the builder who construct it? My question are:
(1) Is the Occupier (ie, the factory owner) himself is constructing the building, then he should pay the cess as mandated by the BOCW Act.
(2) If there is any contractor/ builder who undertakes to build the factory building as per the plan approved by the factory owner, then it shall become the responsibility of the Builder to pay the required cess (one percent of the cost of construction) It will become the factory owner's responsibility only when the builder fails to pay it to the government.
Are to supplying the materials to the factory (1 above) directly or are they billed to any builder mentioned above (2)? Under both, if your job is to supply fabricated materials how can the factory ask you to get registration under BOCW Act? It is true, if you also do the erection work because the cess is payable not for the material supplied but for the labour involved. At the same time, if your workers who do the work of erection are covered by ESI, EPF and other social security laws, how does the BOCW Act applies to you?
From India, Kannur
The description of yours indicate that you are not involved in any constuction work. Your present work is fabrication of stell grider, truss and other things required in construction work. And you are supplying those fabricated materials to different clients. Thus the B&OCW Act is not applicable. Rather the unit has to take registration under Factories Act.
From India, Mumbai
From India, Mumbai
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