Dear Saurabh,
Shops & Establishment Act is a State Act & therefore first see which is your State Shops Act which is applicable in your case & thereafter go through the relevant Rules to have all forms for your use.
[SIZE=1]R.N.Khola
[B][COLOR=#3366ff][FONT=Verdana]
[QUOTE=SAUR1309;1360182]Dear
Can u pls send me all forms under shop & establishment ACt, 1962
Thanking & Regards
Saurabh
From India, Delhi
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527Shops & Establishment Act is a State Act & therefore first see which is your State Shops Act which is applicable in your case & thereafter go through the relevant Rules to have all forms for your use.
[SIZE=1]R.N.Khola
[B][COLOR=#3366ff][FONT=Verdana]
[QUOTE=SAUR1309;1360182]Dear
Can u pls send me all forms under shop & establishment ACt, 1962
Thanking & Regards
Saurabh
From India, Delhi
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Dear Members,
Thank you for your contributions on the subject. I am HR Manager working in Construction Company in Tamilnadu. Following are few questions about Registration under BOCW.
1. Whether the principal employer has to send Form I for registration or Contractor or both. (Recently I approached the authorities they have collected Form I from both alongwith fees) Is it permissible under the Act.
2. As a construction Company, we have various work sites. We have to get RC separately for each and every site or in total.
3. For new factory construction, RC in BOCW is enough or Both BOCW & CL(R&A) is required. In Tamilnadu DCIF is demanding BOCW & IL is demanding CL Act. in one particular work how both can have authority. Principal Employer not issued Form V stating that BOCW is superior ACT than the CL Act.
4. Any addition and Maintenance works in the existing manufacturing factories, Whether we have to register under BOCW or CL(R&A) Act or both.
5. We have applied for RC under BOCW even after 3 months we have not received any communication from the Authorities. We started work since Principal employer has got RC. In this case who has to submit Commencement in Form IV.
I expect opinions from the experts.
Regards & Thanks,
Anbu Loganathan
Manager HR
99623 91925
mail:
From India, Madras
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Thank you for your contributions on the subject. I am HR Manager working in Construction Company in Tamilnadu. Following are few questions about Registration under BOCW.
1. Whether the principal employer has to send Form I for registration or Contractor or both. (Recently I approached the authorities they have collected Form I from both alongwith fees) Is it permissible under the Act.
2. As a construction Company, we have various work sites. We have to get RC separately for each and every site or in total.
3. For new factory construction, RC in BOCW is enough or Both BOCW & CL(R&A) is required. In Tamilnadu DCIF is demanding BOCW & IL is demanding CL Act. in one particular work how both can have authority. Principal Employer not issued Form V stating that BOCW is superior ACT than the CL Act.
4. Any addition and Maintenance works in the existing manufacturing factories, Whether we have to register under BOCW or CL(R&A) Act or both.
5. We have applied for RC under BOCW even after 3 months we have not received any communication from the Authorities. We started work since Principal employer has got RC. In this case who has to submit Commencement in Form IV.
I expect opinions from the experts.
Regards & Thanks,
Anbu Loganathan
Manager HR
99623 91925
mail:
From India, Madras
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(Fact Checked)-The Registration under BOCW Act requires Form I from the principal employer only, not from the contractor. Each work site needs a separate RC. For new factory construction, both BOCW and CL(R&A) registration are required. Maintenance works in existing factories come under both BOCW and CL(R&A) Acts. If no response is received after 3 months of RC application, commencement in Form IV should be submitted by the principal employer. (1 Acknowledge point)
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Mr. A. Loganathan,
Being in construction industry you might be aware of the Acts apply to you than anybody else, I trust.
1. Contract Labour (Regulation and Abolition Act) applies to one wherein 20 or more people are/were on any day during the last 12 months.
2. Whereas to apply BOCW Act, it is enough that > 10 employees are/were employed.
3. As per the above Acts, it is OK either Principle employer or the Contractor has to register under these Acts.
4. However, some cases, it is better the contractor (if you are one) complies with registration formalities for your own safety.
5. You know the Government Authorities, approach the issues - with respect to complying labour laws - and they go by what the Act says. They unnecessarily issue notice, etc. even they go to an extent of prosecuting it. So why do we take chance?
6. Form I pertains to the principle employer. It is nothing to do with (you) contractor. Principle employer has to apply for registration under the CLRA Act wherein he submitted Form I and remitted necessary fees. It is his scope of work.
7. Your job involves submitting Form IV, along with form V. Principle employeer cannot say that he cannot issue FORM V. As a contractor, when there are more than 20 employees employed in your site, you are required to obtain license and you need to apply for the same in FORM IV. And you need to pay "Security Deposit" and also remit some amount according to the no.of people you employ at your site. If you do not do that (stating that the principle employer is not issuing FORM V), then there would be loss to the "exchequer" in terms of revenue under CLRA Act. When it involves money matter, the CLRA authorities will not spare you. They will prosecute you and put interest, penalty, etc. Why should we give room for that?
7. You do not worry about non receipt of Registration Certificate under BOCW Act. It is your duty to apply for registration, which you have done promptly. When you send Form IV (under BOCW Act), mention in the appropriate column, "Registration has already been applied for you are yet to get the Certificate". Normally, it is presumed that within 90 days if you do not get any response from there, it is deemed to have been approved.
8. As far maintenance of registers are Concerned, you can write to the Officers concerned and obtain permission (there is provision in the Act) to maintain "single set of registrs" that will take care of both CLRA and BOCW Act. The format of these registers are almost one and the same.
thanks,
V. Balaji
From India, Madras
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Being in construction industry you might be aware of the Acts apply to you than anybody else, I trust.
1. Contract Labour (Regulation and Abolition Act) applies to one wherein 20 or more people are/were on any day during the last 12 months.
2. Whereas to apply BOCW Act, it is enough that > 10 employees are/were employed.
3. As per the above Acts, it is OK either Principle employer or the Contractor has to register under these Acts.
4. However, some cases, it is better the contractor (if you are one) complies with registration formalities for your own safety.
5. You know the Government Authorities, approach the issues - with respect to complying labour laws - and they go by what the Act says. They unnecessarily issue notice, etc. even they go to an extent of prosecuting it. So why do we take chance?
6. Form I pertains to the principle employer. It is nothing to do with (you) contractor. Principle employer has to apply for registration under the CLRA Act wherein he submitted Form I and remitted necessary fees. It is his scope of work.
7. Your job involves submitting Form IV, along with form V. Principle employeer cannot say that he cannot issue FORM V. As a contractor, when there are more than 20 employees employed in your site, you are required to obtain license and you need to apply for the same in FORM IV. And you need to pay "Security Deposit" and also remit some amount according to the no.of people you employ at your site. If you do not do that (stating that the principle employer is not issuing FORM V), then there would be loss to the "exchequer" in terms of revenue under CLRA Act. When it involves money matter, the CLRA authorities will not spare you. They will prosecute you and put interest, penalty, etc. Why should we give room for that?
7. You do not worry about non receipt of Registration Certificate under BOCW Act. It is your duty to apply for registration, which you have done promptly. When you send Form IV (under BOCW Act), mention in the appropriate column, "Registration has already been applied for you are yet to get the Certificate". Normally, it is presumed that within 90 days if you do not get any response from there, it is deemed to have been approved.
8. As far maintenance of registers are Concerned, you can write to the Officers concerned and obtain permission (there is provision in the Act) to maintain "single set of registrs" that will take care of both CLRA and BOCW Act. The format of these registers are almost one and the same.
thanks,
V. Balaji
From India, Madras
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(Fact Check Failed/Partial)-The user's reply contains some inaccuracies: 1. The information about the number of employees required for the Contract Labour (Regulation and Abolition) Act and the Building and Other Construction Workers Act is incorrect. 2. The responsibilities of the principal employer and the contractor under the Acts are not entirely accurate. 3. The user's suggestion to obtain permission to maintain a single set of registers for both Acts may not align with specific legal requirements. Therefore, some corrections are needed in the response.
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Dear Mr.V.Balaji,
Thank you verymuch for your detailed reply. Still I need some clarity, sorry to disturb you.
Your Point No.7. Regarding Form V
The maximum No. of employees proposed for the is 300 on any particular day. The project cost is around 20 C. The job is construction of Factory. The Registering authority called both Principal Employer & also Contractor. After a detailed discussion he orally told both of us BOCW is sufficient. Based on this statement Principal employer is not issuing Form V under CL Act. For new factories Inspector of Labour under Commissioner of Labour is the authority. When I happened to meet the IL he is telling no such notice from the Government.
Mr.Balaji, if you are in tamilnadu you know the real problem what I am explaining. Can you please communicate your contact particulars.
Regards,
Anbu Loganathan,
Manager HR
99623 91925.
mail:
From India, Madras
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Thank you verymuch for your detailed reply. Still I need some clarity, sorry to disturb you.
Your Point No.7. Regarding Form V
The maximum No. of employees proposed for the is 300 on any particular day. The project cost is around 20 C. The job is construction of Factory. The Registering authority called both Principal Employer & also Contractor. After a detailed discussion he orally told both of us BOCW is sufficient. Based on this statement Principal employer is not issuing Form V under CL Act. For new factories Inspector of Labour under Commissioner of Labour is the authority. When I happened to meet the IL he is telling no such notice from the Government.
Mr.Balaji, if you are in tamilnadu you know the real problem what I am explaining. Can you please communicate your contact particulars.
Regards,
Anbu Loganathan,
Manager HR
99623 91925.
mail:
From India, Madras
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Check Failed/Partial)-The information provided in the user reply is incorrect. As per the labor laws, maintaining registers of wages and muster roll is mandatory from the inception of the project, not from the date of receiving the labor license.
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Mr. A. Loganathan
Yes, that is what I am saying.
I strongly feel, you are required to register under both the Act. There are two different Govt. authorities involved in your case.
If you have a closer look at the Acts,
1. BOCW Act - they charge only registration charges, and nothing else.
2. CLRA Act - they charge you with (Refundable) Security Deposit and there is license fee involved in it.
If you go by the BOCW authority, IL from Office of Commissioner of Labour will sit on you for not taking license and not paying license fee.
So, plese talk to your principle employer. I do not understand why he should hesitates to issue form-V, by issuing the same, he is under no obligation. You convince him and obtain form V and register under CLRA Act. That would save you later.
by the way, I am in Chennai, My contact phone no. is 9941460342. You can cotact me.
Balaji
From India, Madras
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Yes, that is what I am saying.
I strongly feel, you are required to register under both the Act. There are two different Govt. authorities involved in your case.
If you have a closer look at the Acts,
1. BOCW Act - they charge only registration charges, and nothing else.
2. CLRA Act - they charge you with (Refundable) Security Deposit and there is license fee involved in it.
If you go by the BOCW authority, IL from Office of Commissioner of Labour will sit on you for not taking license and not paying license fee.
So, plese talk to your principle employer. I do not understand why he should hesitates to issue form-V, by issuing the same, he is under no obligation. You convince him and obtain form V and register under CLRA Act. That would save you later.
by the way, I am in Chennai, My contact phone no. is 9941460342. You can cotact me.
Balaji
From India, Madras
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(Fact Check Failed/Partial)-The information provided in the user reply is not entirely accurate. The registration and compliance requirements for labor laws may vary based on the specific legislation applicable to the construction company in Madhya Pradesh. It is important to adhere to the legal provisions and obtain the necessary licenses and registrations as required by law to avoid potential legal ramifications. It is advisable to consult with legal experts or relevant authorities for precise guidance.
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(Fact Check Failed/Partial)-The information provided in the user reply is not relevant to the original post regarding labor license and maintaining registers.